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HomeMy WebLinkAboutContract 45143 CITY 8ECR�'t'ARY � CONTRACT at0. INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM FY2014 WATAUGA RECEIVED 1�lGV 2 ? NIS OFFICIAL ROOM wl CITY 3"RITAW, FT. 40, TNf"t INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTHS ENVIRONMENTAL COLLECTION' CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM, THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a ho�me-rule municipal co�rporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas,: hereinafter called "Fort Worth,"" acting by and through Fernando, Costa, its, duly authorized Assistant City Manager and the City of Watauga!Texas hereinafter referred to as "Participating City"' and located in Tarrant County, Texas acting herein by and through Hector F. arcia its duly authorized' Mayor (Niame) (Title) DELIVERY OF NOTI,CE�S Any notices, required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Michael A. Gange�, Assistant Director TPA"— Environmental Management Division City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Participat![Ig Ci!y: Zolaina R. Reyes, City Secretary 71 O�5 Whiitley Road Wataug�la, Texas 76148 81,7-514-5825 zreyes@wataugatx.oirg OPERATIONAL CONTACTS Particil patio ng City's Operational Contact Persons*. Designated person is- Keith Miertchin telephone number.- 817-5114-5837 Mobile phone number(24-hour) where he or she can be reached'. 81,7-360-63761 Email Adidress.' krniertschin!2watau2atx.o!2 Alternate person is Randy Richards telephone number: 817-51,4-5840 Mobile phone number (24-hour),where he or she can be reached- 817-946-8548 Email Address`: rrichards@w,ata,ugatxoirg Interlocal Agreement—Household Hazardous Waste Program Page 2 of 21, VOUCHER UTILIZA,"riON The Participating its DOES wish, to use a voucher system for its residents,visiting the EC C or a mobile event., DOES NOT is to use a voucher system for its residents visiting the ECC or a mobile event. If a vou�cher system will be used only residents with an official voucher provided by Participating City will be aillowed to drop wastes, off at the ECIC or at, rniobile events in Participating City'. A copy of the official voucher must be attached to this agreement. INVOICE DELIVERY Invoices to Participating City shall be delivered to: Debt' Woodard Name Assistant Finance Director/Purchasing Mana�g!er Department if applicable) 7105, Whitley Road Street Address or PO Box Watauga, Texas 76148 City,State,ZIP dwoodarld@wataugatx.org email address for billing questions and correspondence Participating City shall niotify For Worth in writing if' the above contact information changes during the term of this Agreement. Remainder of this page intentionally left blank Interlocal Agreem en t-Household Hazardous Waste Program Page 3 of 21 WHEREAS, Texas Government Code, Chapter 791 authorizes the formulation of intorlooal cooperation agreements between, and among local'governments, and WHEREAS, Texas Government Code,, 91.011 provides that a local government may contract with another local government to perform governmental functions and services, and §791.003(3)(H defines waste disposal as a (governmental function and service; and WHEREAS, Texas Government ent Code, §791.025 provides that a local government may agree with another local government to purchase services; and `"WHEREAS, F=ort Worth and Participating City desire to enter into an interlocal agreement whereby Fort "worth will purchase the services of a waste disposal/recycling firm or firms and will administer a housohold' hazardous waste collection program; and WHEREAS, Fort Worth and articipatNnCg City mutually desire to he subject to the provisions of Texas Government Cod+ , Chapter 791, also known as the Interlooal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS II I`I ION A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned her the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the po wer of humans and without human intervention. Bill of Lad's g lists the contents of the mobile collection unit. Environmental,al collection Cpn er EC C means the City of Fort Worth TP Environmental Management Division facility located at 0400 Bridge Street, Fort Worth, Texas, which is to he used by Dort '! North for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. Environmental damages means all claims,judgments, damage, losses, penalties, fines, liabilities (including strict liability),, encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever bind or nature, contingent or otherwise, matured or, un matured, foreseeable or, unforeseeable, including without limitation reasonable attorney's foes and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this ,agreement, or the a cistence of a violation of environmental' requirements pertaining to save, and including without limitation: interlocal Agreement—Household Hazardous Waste Program Page 4 of 21 (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation, or remediation of such wastes or viollation of environmental requirements including,, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal', state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of suc,hi, wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the iterns referenced in subparagraph (b) herein. Environmental requirements, means all applicable present and future statutes, regulations, rules,I ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises,, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human, health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials7 or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of poillutanits, contaminants, or hazardous or toxic substances, materials, or wastes,, whether solid, liquid', or gaseous in nature; and (b) All requirements pertaining to the protection of the health, and safety of employees or the public. Force majeure, means decrees of or restraints by a governmental instrum,ental,ity other than the Parties, acts of God, work stoppages due to labor disputes or, strikes, failure of Fort Wo�rth's, contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of' the collection of household hazardous waste, fires, explosions, epidemics, floods, extreme weather, riots,, war, rebelliont and sabotage. Household hazardous waste (H"M means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 26,1.4(b)(1), would be classified as a hazardous waste under 40 CF R Part 261. Interlocal Agreement—Household Hazardous,Waste Program Page 5 of 21 Manifest means the uniform hazardous waste manifest form(s) that must accompany shipments of'municipal hazardous waste or Class 1 industrial solid waste. Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. Mobile Collection Unit (MCU) means, a non-self propel led vehicle used for the periodic collection of household hazardous waste by Participating City, off-site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile colillection event. Mobile Col,l'ecti'on Units owned by Fort Worth are designed to hold the hazardous waste of approximately 50 to 75 households. P,articipatinq City means the municipality which has entered into this agreement with the City of Fort,Worth,. Pa!jiqjpgji,n.q Entities, when used in the plural, means Fort Worth, Participating City and all other entities which have entered into interlocal agreements with Fort Worth for the ECC, household hazardous waste collection program. Person means an individual, corporation, organ ization, government, or governmental subdivision or agency, business,trust, partnership, association,, or any other legal, entity. Waste has the same m lit eaning as solid waste"' as that term is defined in Texas, Health and Safety Code§361.003, and including hazardous, substances., B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement I shall have the, meanings hereinafter designated. CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act) its amendments, associated case lawl and state counterparts,. CPR-cardiopulmonary resuscitation. DOT- United States Department of Transportation. E,CC—Fort,Worth Environmental Collection Center. EPA - United States Environmental Protection A,g,ency. HAZCAT- hazardous categorization. HAZWOPER-hazardous waste operations and emergency response and the training, certification, and,, legal requirements associated therewith. HIVI - hazardous materials. HHW,- household hazardous waste., MC,U - Mobile Collection n,it. TCEQ—Texas Commission on Environmental Quality. Inter local Agreement—Household Hazardous Waste Program Page 6 of 21 2. PURPOSE The purpose of this inter local agreement (hereafter"Agreement") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household, hazardous waste collection program, which will be available to households within Participating City as described herein. 3. TERM This Agreement shall be effective from October 11 7 2013 or the date the, last party has signed this Agreement, whichever is later, through September 30, 2014; however, the duties and responsibilities of the Parties for events which occurred during the term of the contract shall survive. If Participating City has mobille collection events scheduled during; the months of October through December 2014 and -this Agreement has not been renewed by the end of the regular term) this agreement shall be extended on a month to month, basis, until the mobile collection events have been completed or cancelled by Participating City. In addition, this agreement may be extended by the duly authorized, mutual,i and written agreement of the parties for up to three (3) additional one-year terms.,. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste coillectioln program. This program, will include the operation of the Environmental Collection Center, which will accept for disposal and/or recycling household, hazardous waste -from households located,within, Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; wastes from businesses; or any other wastes that Fort Worth has determined are unacceptable. B. Fort Worth will employ or retain personnel to provide the services, necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with a, waste disposal/'recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste that is collected at the ECC. or during mobile collection events. D. Fort Worth will, if re uested in writing by Participating City, provide Participating City with colplies of waste manifests for shipments of waste from the ECC. E. Fort, Worth will, if requested in writing by Plarl'icipating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a mobile collection event. Interlocal Agreement—Household, Hazardous Waste Program Page 7 of 21 F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at mobile collection events., G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Mobile Collection Events Participating City may schedule a mobile collection, event to be operated by Fort Worth personnel using one of Fort Worth's MCUs or conduct their own mobile collection events using either Participating, City's MCU or Fort Worth's Reserve M,CU as available). State regulations require notification to the Texas Commission on Environmental Quality (TCEQ), at least 45 days prior,to conducting the event. 1 Fort Worth Operated Events: If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Participating City shall contact the E,CC as soon as possible for a list of available dates. The time and location shall be agreeable to both parties. Participating City may schedule one mobile collection event each contract year. Fort Worth will file notification of the event with TCEQ as required, by 30 TAC §3351.403. (a) Scheduling Events Fort Worth will begin scheduling moblile collection events for the 2014 calendar year on January 2, 2014. To ensure proper notification to TCEQ, events, must be scheduled at least sixty (60) days ahead of the proposed date. Participating City acknowledges that Fort Worth contracts with other mulnicipallities and that Fort Worth, will be accommodating each Participating City's request on a first come first served, basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another city and Participating City will have to then choose another date. Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. (b) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of -the property sixty (60) days prior to the event. The waiver shall be in the form of Exhibit B, or similar form approved by Fort Worth. The signed waiver; must be sent to Fort Worth sixty (60) days before the Mobile Collection Event. If the signed waiver is not sent to Fort Worth sixty (60) days before the Miobi,le Collection Event, Fort Worth will not send the Fort Worth Mobile, Collection Unit to the event and Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. All events must be held on an impervious surface. (c) At the Mobile Collection Event, Participating City acknowledges and" agrees that Fort Worth shall accept household hazardous waste from the first, 50 households that show proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how much more waste it can accept for proper transport back Interlocal Agreement—Household Hazardous Waste Program Page 8 of 21 to the ECC. If more households arrive at the event than Fort Worth can accept', Participating City will in no event be entitled to any damages or recovery of any costs, except as provided herein. (d) Due to the lack of storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's MCU shall not also be at the event. (e) Fort Worth, in its sole discretiony will determine whether to send the Fort Worth Mobile Collection Unit, to Participating City's Collection Event during adverse weather, the threat of adverse weather, or other hazardous conditions including but not limited to sleet, snow, rain, mist or hail. In the event Fort Worth, determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall attempt to notify persons listed herein as an "'Operational Contact"' by the Participating City and shall attempt to send a Fort Worth empiloyee to the Participating City's event to tell any residents that come to dispose of household hazardous waste that the Fort Worth Mobile Collection, Unit will not be coming to the event, but the resident can go to the ECC to dispose of the waste. A map with directions to the ECC, also will be provided. 2., Participating City Mobile Collection Unit: (a) Fort Worth agrees to accept household hazardous waste from mobile collection events conducted by Participating City using Participating City's MC U in accordance with the terms of this Agreement. (bi) Fort Worth agrees to restock the items, it removes from Participating City's MCU, however, Fort Worth shall only restock items listed in Exhlibit "A", attached and incorporated herein as if set forth. 3 Loan of the Reserve Mobile Collection Unit -rhe reserve MCU is a specially designed and equipped thirty-six (36) foot gooseneck box-trailer and one (1) ton pickup owned by Fort Worth. Participating City may request the loan of Fort Worth's Reserve MCU free of charge for use in a Household, Hazardous Waste collection event when available. Participating City may use the Reserve MCU to transport HHW to Fort Worth's ECC or another collection center that may lawfully receive HHW., Participating City shall provide Fort Worth with a written request, facsimile or e-mail at least sixty (60) days prior to the event date for wh,ich, the request is made. Fort Worth shall have sole determination whether the Reserve MCU is available for use by Participating City and shall notify Participating: City as soon as is reasonably practicabile of such decision. Fort Worth shall not participate in nor be responsible for any part of the Participating City I s HH,W Collection Event unless and except by written mutual agreement. (a), Fort Worth shall disclose any known problems the Reserve MCU may have in performing the tasks necessary for the HHW Collection, Event. Prior to issuance of the Reserve MCU1, a pre-trip inspection for potential maintenance problems will be preformed by Fort Worth. Also, both parties Interlocal Agreement—Household Hazardous Waste Program Page 9 of 21 will: complete a pre trip aesthetic assessment. Participating City shall be responsible for all certifications and insurance necessary for the proper operation of the Reserve MC U. (b) Participating City agrees to maintain and return the Reserve MCLI in as good condition as it was in when Participating City took possession for use. Participating City shall return the Reserve MCU to Fort Worth, in a timely manner and as mutually agreed upon. I Cod' Participating City shall' be responsible for all property damage, personal injury or death caused by Participating, City's employees, volunteers, contractors, or agents and arising out of the use of the Reserve MCU during the term of this Agreement., (d) It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement the parties do not intend to create any obligations, expressed or implied, other than those set forth, herein and this Agreement shall not create any rights, in parties not signatories hereto. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the, household hazardous waste collection program.* A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collect.ion Operational Contact to interact with Fort Worth as designated on the signature page to this contract. B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall, include the type of wastes that will be accepted at the ECC, the requirement of proof of residency, and weather cancellation information,. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation." D. Participating, City may choose to utilize a voucher system for its residents, in order for them to bring HHW to the ECC. If Participating, City chooses to use such a system, it shall designate so herein and include a copy of the official voucher. In addition, if a citizen from a Participating, City that utilizes a voucher system comes 'to, the ECC or a mobile collection event without a voucher, Participating City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing., i linterlocal Agreement-Household Hazardous Waste Program Page 1 0 of 21 E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event. F. Participating City shall provide traffic control and sign,age for the mobile collection event, and shall provide personnel to assist Fort Worth with the offloading of material, surveys, and screening of persons, dropping off household hazardous waste. Prior, to the event, the parties shall agree upon the details of the traffic control, sig,nage, and personnel assistance. I G. If a Participating City resident presents waste that was collected from multiple households, Fort Worth reserves the right to charge the Participating City based on the total number of households from which, the waste originiated, even if the resident has only one voucher. H. Participating City shall provide a means for disposing of solid waste (e-g. boxes,, trash, containers) on site during a mobile collection event. L Mobile Collection Events usinq Participating City's MCU or Reserve MCU 1. Participating City is responsible for proper notification to TCEQ as required by, 30 TAC §335.403- 2. Participating City shall advise the FCC at least 7'2 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; or any other wastes that Fort Worth has determined are unacc,epitabll,e. 3. In accordance with the latest DOT requirements,, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil 'filters, latex paint, recyclable anti-freeze,, lead-acid batteries, and fluorescent lights)wi'll be segregated into containers, for recyclables. 4. After accepting wastes, Participating City's MCU' operators shall -thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according, to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the IVICCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information, provided by the household presenting the waste. 5. The Participating City's MCU operators shall package all hazardous materials in accordance with United States Department of Transportation (DOT) requirements,, United' States Environmental Protection Agency (EPA) requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, Interlocal Agreement—Ho,useholl I id Hazardous Waste Program Page 11 1 of 21 and pack them into drums. Oil-based paints and latex paints shall be bulked separately in 55 gallon drums,l or if the paint is left in its container, the paint can be packed in a lined cubic,yard box, and packed and labeled' according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own, arrangements to dispose of any non-HH'W waste collected at the event. 6. Prior to transporting the HHW from the collection event site, Participating City's MICU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the EEC. Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab, of the truck. 7. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 8. Upon the return, of the CCU to the EC C, Participating City's MCU operators, shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading., Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance, with Fort Worth's instructions and' all required documents have been delivered to the FCC manager or his designee at the ECC. Fort Worth shall, within a reasonable; amount of time, unload the HHW from the Participating City's MCU and store the unit at the ECC. After being contacted, Participating City shall pickup their unlit with in 10 days. 9. If Fort Worth, in its sole discretion, determines that Participating City's MCU i operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth herein. 10. If a spill emanating from the Participating City's MCU or the Reserve MCUI occurs ,at the ECC while the MCU is still in Participating City's possession, Fort Worth shal!l take control' of the spill response and Participating City will' reimburse Fort Worth for its response costs as set forth herein. 6. USE OF WASTE DISPOSAURECYCLING FIRMS FOR HOUSEHOLD: HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling, collection, transportation, storage,, disposal, treatment, recovery, and/or reuse of household hazardous waste, from the EC,C. B. Such fi'rm(s,) shall be required pursuant to the contracts) to assume generator status for the waste collected, (excluding used oil,: lead-acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any, and all environmental damages and the violation of any and all environmental requirernenits resulting from 'the handll'ing, collection, transportation, storage,, disposal,,treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said Interlocal Agreement—Household Hazardous Waste Program Page 12 of 21 environmental requirements was the result of any act or omission of contractor, its r , agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. THE PARTIES RECOGNIZE,-NIZE THAT ALTHOUGH THE FIRM ILL BED REQUIRED To ASSUME GENERATOR ST TUS,, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY FOR TIDE ASTER UNDER FEDERAL LAW AND STATE LAW. Fort Forth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it dooms appropriate. ". REUSE OF COLLECTED MATERIALS A. From time-to-time time-to-time Fort Worth will make available to residents and businesses, of Fort Worth,, as well as, Participating City, and residents and businesses, of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up,for reuse.. 13. Some materials made available for reuse may have been consolidated and filtered by Port Worth prior to being made availabl'e. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. C. In regards to materials accepted by Participating City, its employees, residents, or any other person FORT WORTH MAKE'S No REPRESENTATIONS,,IONS, WARRANTIES, OR GUARANTIES THAT.* 1. the container,contents are ghat the label indlicates 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use, 4. the contents of the container have been stored properly; 5. the instructions on the container label for rase, storage, and first aid are current or correct, 6. the container is in, unimpaired condition; 7'�. the product is ,still approved for use i.e., it has not been banned or recalled); and 8. the product can he used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIESY EXPRESS RE SS AND IMPLIED, R SPECIFICALLY NtE I . PARTICIPATING CITE"" SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS. I nterlocal Agreement Household Hazardous Waste Program ram Page 13 of 21. D. Participating City shall contact the ECC manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return, to Fort Worth, directly or indi roc tly,i any materials it,obtains from For or under this, paragraph,. E. II' DE'MIN,IFICAT'ION REGARDING REUSED OR RECYCLED MATERIALS,., i 1. IN REGARDS TO REUSED OR RECYCLED, MATERIALS ACCEPTED BY PARTICIPATING CITY,, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES,, AND HOLDS, HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND, ALL LIABILITY, CLAIMS, SUITS, DEMAND,S, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS, OF USE OF ANY PROPERTY , OCCASIONED BY 'THE, TRANSPORTATION, STORAGE,1 HANDLINGy USE, AND DISPOSAL, BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTHI . 2. IF THE PARTICIPATING CITY DOES NOT AGREE TO THE INDEMNIFICATION AND WAIVER IN PARAGRAPH E ABOVE, THEN THE PARTICIPATING CITY SHALL NOT ACCEPT, NOR ALLOW ANY OTHER PERSON T01 ACCEPT ANY OF' THE REUSED OR RECYC IALS AND SHALL NOT BE REQUIRED TO AGREE TO THE WAIVER IN A, JAPH E. Initial here to reject term 7.E.I., and accept ailternate term 7.,E. F. In regards to materials, accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT: 1 the container contents are what the label inc icatesa 2. the container contents are those originally placed into the container by the manufacturer,- 3. the product is of the quality intended for its use, 4. the contents of the container have been stored property; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the clontainer is in unimpaired condlition; 7. the product is still approved for use (Le-, it has not been banned or recalled); and 8. the product can be used without risk to pl rs,oins, piroplerty or the e,nvir,onmenit. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. Interlocal Agreement—Household Hazardous Waste Program Page 14 of 21 Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center,to pick ulp household hazardous waste for reusie, a release of liability must be signed to accept the household hazardous waste for reuse. 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City or Participating City's resident, if in the reasonable judgment of Fort Worth.: A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that halve been, established by Fort Worth subsequent to the execution of the Agree t, C. The individual does not have sufficient identification to establish that he/she is in fact a resident of Participating City, D,. Participating City has implemented a voucher system for its residents to dispose of waste�, and the individual does not have a valid voucher- or I E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION CENTER HOURS, AND DAYS OF OPERATION A. Hours, of Operation During the term of the Agreement, the ECUs hours of operation are as follows-, Thursday and Friday 11.-00 a.m. -- 7-00 p.m. Saturday 9.-010, a.m. -- 3.-00 p.m. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following holidays that are observed on days the ECC would otherwise be open to the public.. Thanksgiving Holiday, Thursday and Friday, November 28-291, 2013 Independence Day, Friday, Jul'y 4, 2014 In addition to the above closures Fort Worth employees will not be avail,able to conduct mobille collection events on May 24, 2014 and August 30, 2014, although the EC C will remain open on those days. The ECC may close due to furlough days or other causes,1 and the City of Fort, Worth dies not represent to Participating City that the ESC will be open, on any particular days. If additional closures due to any cause are necessary Fort Worth will notify Participating City prior to the closure unless due to an, unforeseeable event. Interlocal Agreement—Household Hazardous Waste Program Page 15 of 21 C. Notifying Residents Participating City agrees to notify its residents of the ECUs hours of operation and dates it will be closed. Participating City also may advertise the 24-hour Environmental Collection Center telephone number- (817) 871-5257. 10. COMPENSATION As fair compensation for the services provided by Fort Worth, pursuant to this Agreement: A. Participating, City agrees to pay Fort Worth, the s,um of$47.00 per household per visit to the ECC (or per participating household in a Mobile Collection Event) to dispose of householid hazardous waste. If a Participating City resident presents waste that was collected from multiple households, Fort Worth reserves the right to charge the Participating City based' on the total nur-riber of' households from which the waste originated. B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for its staff time at $20.00 an hour and the cost of supplies. C. If a spill emanating from the Participating City 1,s MCU or the Reserve MCU occurs at the ECC while the MCU is still in Participating City's possession,, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs for City staff time ($60.,00 per hour) plus the cost of supplies and the actual costs for the spill response and remediation incurred by the City of Fort Worth for third party contractors and responding governmental agencies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs Al B1 and C, shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30: days of receiving a bill from Fort Worth. If Fort Worth does not receive payment thiiX 30 days, Fort Worth shall inform Participating City in writing that it will net accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit until paid. E. At the end of the term of this Agreement, Fort Worth, shall provide a final accounting to Participating City, which will include the total number of Participating City's households which participated in the program7 repackaging fees, if any, and the total cost of spill response charged to Participating Cityl if any. F. Pursuant to the requirements of Government Code §79 1.0 111 (a)(3), the amount due to Fort Worth under Subparagraph, D. above shall be paid from revenues currently I available to Participating City in the present fiscal year. 11. ARTWORKI "CAPTAIN" CRUD AND THE CRUD,DIES,"AND PROMOTIONAL, MATERIALS LICENSE AGREEMENT Fort Worth, is the owner of "Captain Crud" and the Cruddies ("Bloomer,11 "Ofto,"' "Pestie, "Scrub,"' and "'Van Goo'!') and the recycling buddies ("Scrappy,"' "Juggles," and "'Cania Nana") "Conquer Your Crud,"' and "Crud Cruiser"', and therefore all ownership rights belong Interlocal Agreement Household Hazardous Waste Program Page 16 of 21 to Fort Worth., Fort Worth, has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants, to Participating City a non-transferable, non-exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the, conduct of the business of' Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclus,iveliy with Fort Worth. If Participating City wants,to modify or change the artwork and/or promotional materials in any manner, Participating City hereby agrees,to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and/or promotional materials. C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall use actors approved by Fort Worth to portray "Captain Crud" since ':'Captain Crud" is owned by Fort Worth. Participating City shall, be solely responsible for compensating actor for the services provided to Participating City. Participating City will contact Fort Worth, as soon as possible with the date and time of the event agreeable to both parties to obtain approval for the chosen actor and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud,' costume. However, Participating City agrees to be liable to Fort Worth for any damage to the costume or if Participating City fails to return the entire costume to, Fort Worth or if the costume is not returned in the same condition as received. 12. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, none of the Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that would, otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event,, and the delay or failure was beyond the control of Fort Worth, and not due to its fault or negligence,. Participating City shall not have, and hereby waives, any claim whatever for any damages, resulting from delays or failure to perform caused by a force majeure event. Inter1local Agreement—Household Hazardous Waste Program Page 17 of 21, ..........____- 14. TERMINATION The parties shell each have the right to terminate the Agreement for any reason, with or without cause", upon thirty 3 days written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "US F WASTE, DISPOSAURECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE17 "REUSE O COLLECTED MATERI S)l and "ARTWORK, "CAPTAIN CRUD AND THE CRU IES," AND "PROMl TI ,NIAL MATERIALS LICENSE AGREEMENT" and any terms and conditions ansin from events occurring during the terra of the contract . 15.. ENTIRETY This Agreement contains all oomm,itments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be emended or modified by the parties if'such amendment or modification is in writing and signed by Participating City and Fort Worth. 16. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shell for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforoeability shall not ,affect any other provision, thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 17. VENUE Should any action, real or ,asserted, of later or in equity, arise out of the terms and conditions of this Agreement" venue for said action shall be in Tarrant County, Texas.. 18. AUTHORITY This Agreement is mode for Fort Worth and Participating City as an Inte to al Agreement, pursuant to Texas Government Code, Chapter 791. 19. AUTHORIZATION The undersigned officers and/or agents of the panties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of'the parties hereto, and each, paw hereby certifies to the other that any necessary resolutions extending such authority have, been duly passed and are now in full force and effect. lnterlocal Agreement—Household Hazardous'"waste Program Page 18 of 2 SIGNATURE PAGE INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION I CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM CITY OF FORT ORS CITY'OF-WATAUGA By: By: ............. Fernando Costa Printed name Hector F.Garcia n Ass's iant,C r Title. May�or October 2 20,13 Date: Date. APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY. AND GALI"TY: R, (xrthur N. Bash or ttomey Assistant City AttoAiey 0 �ar�k G. Daniel, Assistant City Attorney Zov sSATA 0 I 00A S II MY > ATT EST: C .4-y- 4 0 r4* ��� u ta a \V1 Z tai n . We' Y,e s, City Secretary C Cone act Authorization ­ ­q Date EOFFICIAL R,EC�O,RD FICIAL R1 RD I CITY SECRETARY' t FTv WO:RTH91 TX Intedocal Agreement—Household Hazardous Waste Program Page 19,of 21 ................... i Exhibit"A" RESTOCKING LIST FOR THE MOBILE stern Amount Restoc,_e , Special Need's Remarks Ma F�_5,gallon open,top Amount taken off ihe drums(open top for trailer loose,pticks l 55 gallon,drums(c,losed Arn ours ttaken off the top) (oil, antifreezq, bulk trailer flammable material's and one e?Lr� Fiber drums (55 or 30 Amount taken off the gallon)Aerosols,1 acids, trailer bases and oxidizer�,, -------- Gaylord box liners Arnount taken oiff the (plastic) trailer -,-, 55 gallon drum liners Amount taken o,ff the trailer 5 gallon buckets, Amount taken off the (filters/haz chernical _-traill�er Survey Forms Amount taken off the trailer Labels/drum placard Amount taken off the traiil'er Gaylord boxes, A unt,taken off the trailer Absorbent Pads Amount taken oiff the trailer Vermiculite Amount taken oiff''the trailer Oil dry mount taken off the trailer Promotional Materials,& Amount needed Brochures Interlocal Agreement-Household Hazardous Waste Program Page 2,0 of 21 Exhibit"B"' WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of'property located at have been asked by the City of to allow a mobile collection event on my property to collect household hazardous waste on the 1210 . I hereby give my permission to the City of I and the City of Fort Worth,, to hold, a household hazardous waste collection, event on my property in which the City of has asked the City of Fort Worth to send its mobile collection unit to colille,ct the household hazardous waste that is brought to the event. Therefore) I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and the City of and its officers, agents, and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents, and/or employees and the City of or its officers, agents, and/or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which, may arises or that arises from all wing the City of ' to hold a household hazardous waste collection, event, in,which the City of Fort Worth sends its mobile collection unit on my property- I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. Signature Date Witness, Date Interlocal Agreement-Household Hazardous' aste,Program Page 2 1 of 21 s r" Oy T L pp Ir PQ Y P iP1 0 H Pon%— woo r T Av A S Envi"ronmentalCollection Center Voucher 1 of 110 The City of Watauga authorizes who resides at to use the Environmental Collection Center at 640:0 Bridge Street during the normal hours of operation,., For more 'Information on items accepted art, the center and hours, please call the, Environmental Collection Center at (817) 392-3279. This voucher expires 610 days after the, date it is issued or September 301, 2014 whichever comes first. City Staff Signature Date ..--.................�.I.�...........- ......... ........................... ..............................