HomeMy WebLinkAboutContract 45226 CiTY SECR�TgI� ,
CONTRAG71Vp,LLLL.0
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2014
White Settlement
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,4X
RECEIVED DEC 2 0 2013
INTERL CAL AGREEMENT FOR PARTICIPATION I FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is, entered into by and between the city of Fort Worth, Texas, a home-rule
municipal corporation situa,ted in Tarrant, Denton, Parker, and Wise Counties, Texas,
hereinafter called "Fort Worth," acting, by and th�rclu�g,h Fernandi Costa, its duly authorized
Assistant city Manager and the City of White Settlement , hereinafter referred to as
"Participating City" and loc ated in Tarrant Co ant ' Texan acting herein by and
through Jeff Burns its duly authorized Mayor.
(Name,) (Title)
DELIVERY OF NOTICES
Any notices required to be given under this Agreement scull be delivered as follow,
If to Fort Worth:
Michael A. Gange,, Assistant 'Director
TPW Environmental Management Division
City of Fort Worth
1000 rhroc morten
Fort Worth, Texas 761
If to Partigipating Participating City.
Linda Ryan,, city Manager
City of White Settlement
2,14 Meadow Park Drive
White Settlement, Texas 761
OPERATIONAL CONTACTS
Participating, city's Operational Conn ct Persons:
Designated person is:, Rich Tharp, Park&Recreation Director telephone number 117-2,46.4971
Mobile phone number 24-hour) where he or she can be re� shed: 817-205-8656
Email Address: rthar WStX. S
Alternate Person is Linda Ryan telephcne number: 817 246-4971
Mobile phone number 24-hour) where he or she can be reached-. 817-825-0588
Email Address; Iryan@wstx.0
Interlccal Agreement— Household Hazardous Waste Program Page 2 of 21
%01 `UCHER UTILIZATION
V 0,
The Participating City:
V/ DOES wish to use a voucher system for its residents visiting the ECC, or a mobile event.
DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile
event.
If a voucher system will be used only residents with an official voucher provided by Participating
City will be allowed to drop wastes off at the ECC. or at mobile events in Participating City., A
copy of the officiall voliu,cher must be attached to this agreement.
INVOICE DELIVER
Invoices to Participating City shall be delivered to:
Phil Bray, Finance Director
Name
Finance
Diepartm�ent if applicable)
214 Meadow "ark Drive
Street Address or PO Box
White Settlement Texas 76108
City,State,ZIP
b ray stx.u s
email address,for billing questions and corres,ploinidence
Participating City shall notify Fort Worth in writing if the above contact information changes
1
during the term, of this Agreement.
Remainder of'this page intentionally left blank
Interlocal Agreement—Hlolusiehoild Hazardous'Waste Program Page 3 of 21
ITSSETH
WHEREAS, Texas Government Code, Chapter 791,, authorizes the formulation of intorlooal
cooperation agreements, 'between and among local go'vernmenta; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract
with another local government to perform govwernmental functions and services, and
§ defines waste disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §x"01.025 provides that a local government may agree
with another local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an iintorlocal agreement
whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firma and
will administer a household hazardous waste collection program; and
WHEREAS,1 Fort Worth and Participating City mutually desire to be aubje,ct to the provisions of'
Texas Government Code, Chapter 701, also known as the Interlocal Cooperation Act.
N THEREFORE, it is agreed as follows
1.
DEFINITIONS
A. Unless a provision in this Agreement e C ilicitly 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 by the direct, irri mediate, and exclusive operation
of the forces of nature, uncontrolled or uninfluenced by the power of humans and without
human intervention.
Bill of Laden lists the contents of the mobile collection unit.
Environmental Collection Center EC C means the City of Fort 'worth TPW
Environrmentall Management Division facility located at 0400 Bridge Street, Fort Worthi
Texas,1 which is to' he used by Fort Worth 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, darmages, losses, penalties, fines,
liabilities (including strict liablility),l encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claiirn is ultimately defeated,
and of any good faith settlement or Judgment, of whatever bind or nature, contingent or
otherwise, matured or urn-matured, foreseeable or Linfores eable, 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, trans ortaition, stoirage, disposal, treatment, recovery, and/or reuse
of waste pursuant to this Agreement, or the existence of a violation of environmental
requirements pertaining to sane, and including without l!' mitatiion:
IInterlocal Agreement Household Hazardous Waste Program Page 4 of 2
(a) Damages for personal injury and death,, orinjury to pirop�erty or naturall resources;
(b) Fees 'incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs, incurred in connection with the investigation or
re mediation of such wastes or violation of'en,vironmental requirements including,,
but not limited to, the preparation of an�y, feasibili I ty stud'ii e�s 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 such wastes or violations of
environmental requiremeints, and including without limitation any attor'ney"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 in�dem ilfy sucli person or
agency for costs expended in connection with the items referenced in
subparagraph (b) herein.
Environmental . requirements means all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses,, per its, 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,nvestigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materialls, pollutantsI
contaminants, or azardous or toxic substances, materials, 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, uise,
treatment, storage, disposal, transport, or handling of pollutants, contaminants, or
hazardous or toxic Substances, materials,, or wastes, whether solid, l�iquiidi, or
gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of
employees or the public.
Force m aieure means decrees of or restraints by a governmental instrumentality other
than the Parties, acts, of God, work stoppages due to labor disputes or strikes, failure of
Fort Worth's contractoir(s), to perform pursuant to their agreements with Fort Worth for
the conduct of the collection of' household hazardous waste, fires, explosions,
eplidemicsi, floods, extreme weather, riots, war, rebellion, and sabotage.
Househoild hazardous waste,(HH means any solid waste generated in a household by
a consumer which,I except for the exclusion provided for in 40 CIFR § 261.4(b)(1), would
be classified as a hazardous waste under 40 CFR 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 coll�ection event means a household hazardous waste collection event by
Participating City utilizing a, mobile col,lection unit.
Mobile Collection Unit-( means a non-self propelled velhic,le 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 collection event. Mobile Collection Units owned by Fort Worth are designed to
hoild the hazardous waste of approximately 50 to 75 households.
Participating Cify means, the municipality which has entered into this agreement with the
City of Fort Worth.
Partl!�i Patin.q,Entities,, when, used in the plural, means Fort Worth) Participating City, and
all other entities,which have entered, into in,terlocal, agreements with Fort Worth for-the
ECC household hazardous,waste collection, program.
Person means an individual, corporation, organization, government, or governmental I
subdivision or agency, business trust, partnership, association,, or any other legal entity.
Waste has the same meaning as "solid waste"" as that term is defined in Texas Health
and Safety Code §3161.,003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states, otherwise, the following
abbreviations, as used in this Agreement, shall, have the m,ea,niing,s hereinafter
i
designated.
C,ERCLA - Comprehensive Environmental Response,, Compensation, and liability Act,
its amendments, associated case law, and state counterparts.
I
CPR - cardiopulmonary resuscitation.
D,OT- United States Department of Transportation.
ECC— Fort Worth Environmental Collection Center.
EPA- United States Environmental Protection Agency.
HAZCAT- hazardous categorization.,
HAZWOPER - hazardous waste operations and emergency response and the train ingi,
certification, and legal requirements associated therewith.
HIVI - hazardous materials.
HHW- household hazardous waste.
IVICU - Mobile Collection Unit.
TCEQ —Texas Commission on Environmental Quality.
Interlocal Agreement—Household Hazardous Waste Program Page 6 of 21
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services, by
Fort Worth to Participating City whereby, su�bjec,t 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 1, 2013 or the date the last party has signed this
Agreement, whichever is later, through September 30, 2014; however, the duties, and
res,ponsibi:litiles of the Parties for events which occurred during the term of the contract shall
survive. If Participating City has mobile collection events scheduled during the months of
October through December 20114 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, 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
EC, household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program.
Fhis program will include l the operation, of the Environmental Collection Center, which
wild 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 firms) 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 requested, in writing by Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the EC,C.,
E. Fort Worth will, if requested in writing by Participating 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.
linterlocal Agreement— Household HazardOLIS Waste Program Page 7 of'21
F. Fort Worth will issue a report and an invoice at the end of each quarter detail�ing, 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, MC Us or conduct their own mobile collection events
using either Participating City's MCU or Fort Worth's Reserve, MCU (as available). State
regulations require notification to the Texas Commission on Environmental Quality
(T10EQ) 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, shi�al�l 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, §335.403,.
(a) Scheduling Events
Fort Worth will blegiin scheduling mobile collection events for the 20 14
calendar year on January, 2, 14. 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
municipalities and that Fort Worth will be accommodating each
Participating City's request on a first come first served basis. Therefore,1
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), Loca,ti,on,
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 Moblile
Collection Event. If the signed waiver is not sent to Fort Worth sixty (60)
days before the Moblile Collection Event, Fort Worth will not send the Fort
Worth Mobile Collection Unit to the event and Participating City, will I, in no
event, be entitled to any damages or recovery of any costs, except as
provided herein. All events m� ust 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
Interlocial Agreement— Household Hazardous Waste Program Page 8 of 21,
to the ECC. If more hou:s,eholIds, 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 moblile collection event,, a Participating City's MCU
shall not also, be at the event.
(e) Fort Worth, in its sole discretion, 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 of 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 employee to the Participating City's event to tell any
rels,ident,s that come to dispose of household hazardous waste that the
Fort Worth Mobile Collection Unit will not be corning, 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 househoild hazardous waste from mobile
collection events conducted by Participating City using Participating City's
IVICU in accordance with the terms of this Agreement.
(b) Fort Worth agrees to restock the items it removes from Participating City's
MCU, howelver, Fort Worth shall only restock items listed in Exhibit "A",
attached and incorporated herein as if set forth.
3 Loan of the Reserve Mobile Collection Unit,
The reserve 'CU 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 11 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
tote event, date for which the request is made. Fort Worth shall have sole
determination whether the Reserve CCU is available for use by Participating City
and, shall notify Participating City as soon as is reasonably practicable of such
decision. Fort Worth shall not participaite in nor be responsible for any part of the
Participating City'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 HHIW Collection Event.
Prior to issuance of the Reserve CCU, a pre-trip inspection for potential
maintenance problems will be preformed by Fort Worth. Also, both parties
Interlocal Agreement— Household Hazardous Waste Program Page 91 of 21
will complete a pre-trip aesthetic assessment. Participating City shall be
responsible for alli certifications and insurance necessary for the proper
operation of the Reserve MCU.
(b) Participating City agrees to maintain and return the Reserve MC U in as
good condition as it was in when Participating City took possession for
use. Participating City shalli return the Reserve MCU to Fort Worth in a
timely manner and as mutually ag,r,eed upon.
(off" 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 avail�a�ble 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
s,ignatories hereto.
5.
DUTIES OF' PAR TICIPATINIG 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 collection 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
ill be accepted at the ECC, the req,uirem i�ency, and weather
w ent of proof of resid'
cancellation information.
C. Participating City shall notify its iresidents 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.
Interlocal Agreement— Household Hazardous Waste Program Page 101 of 21
E. Participating City may submit a written request,for a monthly repoirt listi'n�g: 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 signage for the mobile collection event
and shall provide persionnel to assist Fort Worth with the offloading of material, surveys,
and screening of' plers,oins dropping off household hazardous waste. Prior to the event,
the parties shall agree upon the details of the traffic control', signage, 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 Plarticiplatinig City based on the
total number of households from which the waste originated 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.,
1. Mobile Collection Events u�siing- Participatinq 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 ECC at least 72 hours in advance of its mobile
coillectlioln 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; bliollog,ical, etiologic, or infectious materials; or any other wastes that
Fort Worth has determined are unacceptable.
3. In accordance with the latest D,OT 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 fillters, latex paint, recyclable anti-freeze, lea -acid batteries, and
fluorescent ligihts) will be segregated into containers for r,ecyclablels,.,
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 accordling to hazard class and
prepared for packaging. If a container does not have adequate labeling to permit
identification, the! MC,U: operators shall the attempt to identify the material from
its physical characteristics using H 1 AZCAT analysis and from information provided
by the household presenting the waste.,
5. The Part6icipating city's MCU operators shall package alll hazardous, materials in
accordance with United States Department of Transportation (DOT)
requirements, United States Environmental Protection Agency (EPA)
requirements, and all other appilicable 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-Holuseholld Hazardous Waste Program Page 11 of 21
and pack them into dirur s. Oil based paints and latex paints shall be bulked
separately in 55-gallon drums,, 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-HHW waste collected at the event.
6. Prior to transporting the HHW from the collection event site, Participating City's
MCU 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 HH'W to the
ECC. 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 MC U operators shall:, placard the MCU
for transportation of hazardous waste in accordance with federal and state law.
8. Upon the return, of the CU to the ECC, Participating City's, MCU operators, shall
follow the instructions, of Fort Worth regarding the placement of the IVICU 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 req ired documents have been delivered to the ECC
manager or his designee at the E,CC. 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 unit
within 10, days.
9. If Fort Worth, in its sole discretion, determines that Participating City's, M:CU
operators improperly packaged any of-the H,HW 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 MCCU 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 as set forth herein.
6.
USE OF WASTE DISPOSAL/RECYCLING FIR FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contracts) with a waste disposal/recycling fir ) for the
handling, collection, transportation, storage, dispoisall, treatment,: recovery, and/or reuse
of household hazardous waste, from the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for
the waste collected, (exclud'ing used oil, lead-acid batteries and antifreeze) to choose a
disposal site for the waste subject to Fort Worth's approval, and to irTdemnify Fort Worth,
and participating cities against any and all environmental damages and the violation of
any and all environmental requirements resulting from the handling, collection,
transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected
pursuant to this agreement, when said environmental damage's or the violation of said
11
Interlocal Agreement—Household Hazardous,Waste Program IPage 12 of 2,1
environmental re uirements was the resuilt of any act or omission of contractor, its
officers, 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 THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED,
'TO, ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW
AND STATE LAW., Fort Worth will arrange for recycling vendors for usedi oil, batteries,
antifreeze, and other materials,, as it deems appropriate.,
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-tire 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, c,olllected 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.
B. Some materials made available for reuse may have been consolidated and filtered by
Fort Worth prior to being made, ava�ilable., 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 MAKES, NO REPRESENTATIONS, WARRANTIES,, OR
GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container cointen�ts, are those on �inalily placed into the container by the
manufacturer,
3. the product is of the quality intended for its use;
4. the conten:ts, of the container have be,eni, stored prolpeirly,
5. the instructions on the container label for use, 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 be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED. PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF
THESE TERMS AND CONDITIONS.
Interlocal Agreement—Household Hazardous Waste Program 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 For Worth, directly or
indirectly, any materials it obtains from Fort Worth under this paragraph.
E. INDEMINIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
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 PIUBL,I,C AND
PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, 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, HANDLING, USE, AND, DISPOSAL BY
PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY
UNDER,THIS AGREEMENT FROM FORT WORTH.
2. IF THE PARTICIPATING CITY DOES NOT AGREE TO THE INDEMNIFICATION
AND WAIVER IN PARAGRAPH E ABOVE,1 THEN THE PARTICIPATING CITY SHALL
NOT ACCEPT,, NOR ALLOW ANY OTHER PERSON TO ACCEPT ANY OF THE
REUSED OR RECYCLED MATERIALS, AND, SHALL NOT BE REQUIRED, TO AGREE
TO THE WAIVER IN PARAGRAPH E. Initial here to reject term 7.E.1,. and accept
alternate term 7'.E.2.
F. In re ards to materials accepted by residents or businesses of Participating Cities,1
FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
a
THAT.
1. the container contents, are what the label indicates;
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 use, storage, and first aid are current or
co rrect;
6. the containers 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 be used without risk to, persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED,.
Interlocal Agreement—Household Hazardous'waste Program Page 1 4 of 21
G. Participating City shall attempt to inform its residents and businesses, that if they go to
the Environmental Collection, Center to pick up household hazardous waste for reuse, a
release of liability must be signed to accept the household hazardous waste for reuse.
8.
RIG-IT 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
have been established by Fort Worth subsequent to the execution of the Agreement,
C. The individual does not have suffilcient 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
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 1-00 a.m. -- 7:00 p.m.
Saturday 9.-00 a.m. 3-00 pm.
B. 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 28-29, 2013
Independence Day, Friday, July 4, 2014
1
In addition to the above closu:res, Fort Worth employees will not be available to conduct
mobile collection events on May 24, 2014 and August 30, 2014, although the ECC will
remain open, on 'those days. The ECC may close due to furlough days or other causes,
and the City of Fort Worth does not represent to Participating City that the ECC will be
open on any particular days. If additional c,los,ures, 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 ECCs 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 sum of$47.00 per household per visit to
the EC C or per participating household in a Mobile Collection Event) to, dispose of
household 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 number of households from which the waste
originated.
B. If Fort Worth determines that Participating City 11 s, MCC 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 a,n hour and the
cost of supplies.
C. If a spill emanating from the Participating City's MC U or the Reserve MCU occurs at the
ESC while the MCCU 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 ($60.0O 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 A,
13, 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 within 30 days, Fort Worth shall inform Participating City in writing that it will not
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 lend 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 household's
which participated in the program, repackaging fees,, if any, and the total cost of spill
response charged to Participating City, if any.
F. Pursuant to the requirements of Government Code §791.011 (a,)(3), the amount due to
Fort Worth under Subparagraph D. above shall be paid from revenues currently
available to Participating pity in the, present fiscal year.
11.
ARTWORK, "CAPTAIN CRUD ND THE CRUD DIES,"AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT'
Fort Worth is the owner of "Captain Crud" and the Cruddies, ("Bloomer," 'I'Otto," "Pesfime,:
';'Scrub," and "Van Goo') and the recycling buddies ("Scrappy,"' "Juggles," and "Cana
Nana") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong
Interlocall Agreement— Household Hazardous Waste Program Page 116 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 M' aterials,
which rights shall remain exclusively 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 resp:onsibile 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
Lath parties to obtain approval for the chosen actor and to request and pickup the
"Ca twin 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.
Interlocal Agreement—Household Hazardous Waste Program Page 17 of 21
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without
cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall
be released from all contractual obligations to the other party excluding "USE OF WASTE
DISPOSAL/RECYCLING FIRIVIS FOR HOUSEHOLD HAZARDOUS; WASTE "REUSE OF
COLLECTED MATERIALS end "ARTWORK) "CAPTAIN CRUD, AND THE CRUDDIES," AND
",PROMOTIONAL MATERIALS LICENSE AGREEMENT" and any terms and conditions arising
from events occurring during the term of the contract
15,.
ENTIRETY
This Agreement contains all commitments and Agreements of the pa,rties hereto, and no other
oral or written commitments shall have any force or effect if not contained herein, except that
this Agreement can be amended 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 shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenfoirceability 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, at law or in equity, arise out of the terms and conditions, of
this Agreement, venue for said action shall be in Tarrant County, Texas.
1 .
AUTHOR11TY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement,
pursuant to Texas Government Code, Chapter 791.
19.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending such authority
have been duly passed and are now in full force and effect.
Interlocal Agreement— Household Hazardous Waste Program Page 18 of 21
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTHIS
ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH CITY OF White; Settlemlein't
By.- By,-
titer
Fernando Costa i ed n(
,+-'7erry earns
Assistant C,i Vil yer
1; ) iU
Mayor
Date- e:
9-10-13
APPROVED AS TO FORM APPROVED IS TO FORM
AND LEGALITY- AND LE, I '
rthur N. as or ity, Attorney is an City Attorney,
Assistant City Attorne
0
NI
--EST-I
ATTEST-
1 ,00 00
'As
0,001
V
M a ry JI. K, C,ity Secr t
City Secre
Contract Authorizat on
Ct I to 113
Date
OFFICIAL RECORD,
interlocal Agreement- Household Hazardou's Waste Program CITY SEC TE 21
H
fm WORTHs TX
IFT TX
Exhibit "A"
RESTOCKING LISTFOR THE MOBILE, C
Material Amount Restocked Special Need's Remarks
55 gallon open top Amount taken off the
drums (open top for trailer
loose acks�
55 gallon drums (closed Amount taken off the
t
(oil, antifreeze,
flammable materials
and onie extra
Fiber drums 55 or 30, Amouint taken oiff the
gallon)Aerosols, acids) trailer
bases and oxidizers
Gaylord box liners Amount taken off the
Mastic trailer
55 gallon drum liners Amount taken off the
trailer
5 gallon buckets Amount taken off the
filters haz chemicals trailer
Survey Forms Amount taken off the
trailer
Labels/drum placard Amount taken off the
trailer
Gaylord hexes Amount taken off the
trailer
Absorbent pads Amount taken off the
trailer
Vermiculite Amount taken off the
trailer
Oil dry Amount taken off the
trailer
Promotional Materials & Amount needed
Brochures
Interlocal Agreement— Household Hazardous Waste Program Page 20 of 2
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 320
I hereby give my permission to the City of 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 collect the household hazardous waste that is brought,to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HIAR ILESS, 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, allowing the City of - to hoild a, household hazardous waste
collection event I 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
Inte!rloc,al Agreement— Household, Hazardous Waste Program Page 2 1 of 21