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HomeMy WebLinkAboutContract 42149 CITY SECRETARY CONTRACT NO, l 4 r' x INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM FY2012 OFFICIAL RECORD CITY SECRETARY F WORTHS TX ___! INTERLOCAL AGREEMENT FOR PARTICIPATION IN 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 ho Texas , Denton, Parker, and Wismunicipal corporation situated, in Tarrantand through Fernando Costae its dulyeauthorized hereinafter called Fort Worth, aactingb g y to as Assistant City Manager and the City ofn North Richland Hills ,County, Texas acting hereinnafter dby and Participating City" and located in Tarrant duly authorized City Manager through Mark Hindman (Title) (Name) DELIVERY OF NOTICES Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Michael A. Gange, Assistant Director TPW— Environmental Services Division City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Particigatina City: JoAnn Stout, Director City of North Richland Hills 7200-C Dick Fisher Drive South North Richland Hills, TX 76180 OPERATIONAL CONTACTS Participating City's Operational Contact Persons: Debbie York telephone number: 817 427-6651 Designated person is: Mobile phone number (24-hour) where he or she can be reached: 817 475- ---- Email Address: d ork nrhtx.com Alternate person is JoAnn Stout telephone number: 817 427-6655 Mobile phone number (24-hour) where he or she can be reached: 817 992-1907 Email Address: stout nrhtx.com Interlocal Agreement—Household Hazardous Waste Program Page 2 of 21 I txk VOUCHER UTILIZATION ` The Participating City: is E} II DOES wish to use a voucher system b; y 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 voucherprovided b k City will be allowed to drop wastes off at the ECC or at mobile event in Participating rtlC City. COPY of the official voucher must be attached to this agreement. P g A INVOICE DELIVERY Invoices to Participating City shall be delivered to: Debbie York Name Neighborhood Services Department(if applicable) 7200-C Dick Fisher Drive South Street Address or PO Box North Richland Hills, TX 76180 City,State,ZIP dyork@nrhtx.com email address for billing questions and correspondence Participating City shall notify Fort Worth in writing if the above contact information changes during the term of this Agreement. WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 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 Interlocal Agreement—Household Hazardous Waste Program Page 3 of 21 WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City deaaste disposal/recycling ng firm o iwato enter into an interlocal 9rms and whereby Fort Worth will purchase the services of will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutuallytdInterlocal Cooperatioesire to be ject tot Act. tovisions of Texas Government Code, Chapter 791, also known as e NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly the meaningsotherwisetates herehnafte�designated.wing terms and phrases, as used in this Agreement, shall have usive operation Act of God means an act occasioned by the uenced by he power of humiate, anans and without of the forces of nature, uncontrolled or unin human intervention. Bill of Lading lists the contents of the mobile collection unit. Environmental Collectioof Fort Worth TPW- n Center (ECC1 means t d at 6400 (Bridge Street, Fort Woty k Environmental Services Division facility to ration of household hazardous Texas, which is to be used by Fort Worth for the ag ree cities' households for wastes that have been brought to the facility by participating subsequent recycling, disposal, and/or reuse. Environmental damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, when{er or not of whatever or nat claim is I reatcontngenteor and of any good faith settlement or judgment, otherwise, matured or un-matured, foreseeable or unforeseeable, including without s fees, any of limitation reasonable attorney's fees and disbursement rorf this Agreements and ltast,a result of the which are incurred subsequent to the execution storage, disposal, treatment, recovery, and/or reuse handling, collection, transportation, of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services incurred fen attornysconnectionconsultants, with therinvestigationvexperts, or laboratories and all other costs remediation of such wastes or violation of any a feasibility tal studiesiror�reports lotllthe but not limited to, the preparationY performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, se state or local governmental agency the existence olofcsuchal uwaistesnor ovio r oationsl of expended in connection w ithPage 4 of 21 Interlocal Agreement- Household Hazardous Waste Program �r environmental requirements, and including without limitation any attorney's fees costs and expenses incurred in enforcing this Agreement or collectin an s r-: due hereunder; and g y ums (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. #ry Environmental requirements means all applicable present and future statutes, regulations, rules o ordinances, codes, licenses an authorizations, concessions, franchises, and similar permits, all governmental approvals, plans, departments, commissions, boards, bureaus, or instrument alitiesthe United States, states, and political subdivisions thereof and all applicablejud c al,f 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 g pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, contaminants, or hazardous or toxic substances, materials, or wastesollutantswhether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, istribution, use, treatment, storage, disposal, transport, or handling of pollutants,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 maieure 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 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, rebellion, and sabotage. Household hazardous waste (HHL^. means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. 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_ means a non-self-propelled 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 collection event. Mobile Collection Units owned by Fort Worth are designed to hold the hazardous waste of approximately 50 to 75 households. Interlocal Agreement—Household Hazardous Waste Program Page 5 of 21 Partici atin Cit means the municipality which has entered into this agreement with the City of Fort Worth. Partici atin Entities, when used in the plural, means Fort with Fort Worth forth, Participating tr the d all other entities which have entered into interlocal agreements ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as hsub term is .efined in Texas Health and Safety Code §361.003, and including hazardous owing B. Unless a provision in this Agreementexplicitly lshall have theerwisemeanings eherelinafter abbreviations, as used in this Agreement designated. nadl stat pcou to parts.ensation, and Liability Act, CERCLA - Comprehensive Environmen its amendments, associated case law, a CPR - cardiopulmonary resuscitation. DOT - 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 dtherewith. emergency cy response and the training, certification, and legal requirements associated HM - hazardous materials. HHW- household hazardous waste. MCU - Mobile Collection Unit. TCE -Texas Commission on Environmental Quality. 2. PURPOSE ces The purpose of this interlocal agreement (hereafter terms t'and the provision of condtions specfedlbelowy Fort Worth to Participating City whereby, subject Fort Worth will administer and supervise a regio Participating City as described hereinal household hazardous waste ln.ction program, which will be available to households Interlocal Agreement—Household Hazardous Waste Program Page 6 of 21 IS�Rq 3. TERM This Agreement shall be effective from October 1, 2011 or the date the la st Agreement, whichever is later, through September 30, 2012 how verrtthe s signed this responsibilities of the Parties for events which occurred during the term of the contuties ract and shall survive. If Participating City has mobile collection events scheduled during the months of October through December 2012 and this Agreement has not been renewed by the end of regular term, this agreement shall be extended on a month to month basis until the til collection events have been completed or cancelled by Participating City. the mobile 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 collection 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 requested in writing by Participating Ci copies of waste manifests for shipments of wase from the ECC�de Participating City with E. Fort Worth will, if requested in writing by Participating City, provide Participating monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a mobile collection event. 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 Interlocal Agreement—Household Hazardous Waste Program Page 7 of 21 using either Participating City's MCU or Fort Worth's Reserve oMCU (a available . State Quality regulations require notification to conducting the event.(TCEQ) at least 45 days prior 1. Fort Worth Operated Events: bile collection event with the Fort If Participating City would like to sch at Cit�oshall contact the ECC as soon as Worth Mobile Collection Unit, Participating Y possible for a list of available dates. he time a both parties. Participating City may schedule one nd location collection event beach 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 begin scheduling mobile To elnsurellection events for the 2012 proper notification to TCEQ, calendar year on January 3, 2 proposed events must be scheduled at least sixty (60) days ahead of the pro p date. Participating City acknowledges aFi Worth h her municipalities and that Fort that accommodating each come Participating City's request on tit chosentdate t servedscheduleaemobile Participating City acknowledges that collection event may be reserved by another city and Participating City will have to then choose anothe ' will, pt as provided be entitled to any damages orecovery of any costs, exce herein. (b) Location If Participating City chooses to shall I olbtain a signed we Mobile laiverr from the owner of property, Participating City 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 signedwaiver is not sent to rt Worth sixty (60) vent, Fort Worth will not send the Fort days before the Mobile Collection E Worth Mobile Collection Unit to the event and Participating any costs, except lept cas event, be entitled to any damages or recovery Y provided herein. All events must be held on an impervious surface. (c) At the Mobile Collection Event, Participating City acknowledges and s waste agrees that Fort Worth shall ac ept household roof of residency at the Co/ect on m the first 50 households that show p Event. After the first 50 houstlt can accept forllproper transport back ine in its sole discretion how much more waste nt than Fort Worth can to the ECC. If more households nore e at the eve accept, Participating City will vent be entitled to any damages or recovery of any costs, except as provided herein. g City (d) Due to the lack of storage sPf c ret uests Ehe FortrtWorththe CC, nMobi e acknowledges and agrees that q Collection Unit at a mobile collection event, a Participating City's MCU shall not also be at the event. Interlocal Agreement- Household Hazardous Waste Program Page 8 of 21 'I (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 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 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 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 ma to the ECC also will be provided. p with directions 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 MCU in accordance with the terms of this Agreement. (b) Fort Worth agrees to restock the items it removes from Participating City's MCU, however, 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 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 which 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 practicable of such decision. Fort Worth shall not participate in nor be responsible for any part of the Participating City's HHW 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 MCU, a pre-trip inspection for potential maintenance problems will be preformed by Fort Worth. Also, both parties 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 MCU. (b) Participating City agrees to maintain and return the Reserve MCU in as good condition as it was in when Participating City took possession for Interlocal Agreement—Household Hazardous Waste Program Page 9 of 21 m use. Participating City shall return the Reserve MCU to Fort Worth in a timely manner and as mutually agreed upon. c) 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. this (d) It is expressly understood and gives, noatshallin tbe deemed herehe execution f by to Agreement, neither of the parties waive, any immunity or defense that would otherwise be available to it against claims arising in the PXeeeme tf the parties nottal vintend to ers and functions. By entering into thisg create any obligations, expressed or not create any r than rights those partees forth not herein and this Agreement shall signatories hereto. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: as an act A. Participating City will designate one of its employees, erat onalaCo tact to nteractawithoFort as its household hazardous waste collectionp Worth as designated on the signature page to this contract. B. Participating City will coordinate anfadvertising all rgram advertising shall include the type o targeted of that to its own citizens, as it deems necessary. Such will be accepted at the ECC, the requirement of proof of residency, and weather cancellation information. C. Participating City shall notify its residents ° eonmental ECC rCo lectionof t'Ce ter Hoursand dates t of is closed as provided in Section 9 The Env Operation." dents in order D. Participating City may choose to utilize a voucher Cit systemfor to use such a system, t them to bring HHW to the ECC. If Particip gof the official voucher. In addition, if a shall designate so herein and include a copy citizen from a Participating City that utilizes a Partic pat ng C ty acknowledges andoucher system comes to the Cagrees mobile collection event without a voucher, that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. numbe E. Participating City may submit a written requesthazalydousowaste atthe the ECC orroa its city's households that have disposed of household mobile collection event. on event, F. Participating City shall provide traffic co rtrWorth wnd 9 l h the offloading of matenage for the mobile rial,and shall provide personnel to assist Fort and screening of persons dropping off household hazardous waste. Prior to the event, Interlocal Agreement—Household Hazardous Waste Program Page 10 of 21 the parties shall agree upon the details of the traffic control, signage, and personnel assistance. G. If a Participating City resident presents waste that was collected from households, Fort Worth reserves the right to charge the Participating City based ontththe total number of households from which the waste originated even if the resident has only one voucher. y H. Participating City shall provide a means for disposing of solid waste (e.g. boxes, trash containers) on site during a mobile collection event. I Mobile Collection Events usin Partici atin Cit '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 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 unacceptable. 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) will 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 MCU 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, and pack them into drums. 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. Interlocal Agreement—Household Hazardous Waste Program Page 11 of 21 event g, Prior to transporting the HHW from tLading, d shallkeep the Bill of Lading site, participating City's MCU operators shall complete a Billof in the cab of the truck hauling the MCU during transportation of the o Hhto the latest Response ECC. Participating City shall that Gu'debook be kept within the cab of the North American Emergency p truck. 7. During transportation, Participating City's ecordanceMCU rwith federapand stateeawCU for transportation of hazardous waste ina g. Upon the return of the MCU to the Eh CPithe placement of rticipating City's MCU the MCU for erators shall follow the instructions of Fort WortregardingCity unloading. Fort Worth shall take possession for unloadlingtinf accordanceParticipating w th Fort after the MCU has been properly parked Worth's instructions and all required documents Fort Worth shall,dwith elivnea reasonable e d to the ECC manager or his designee at the EC amount of time, unload the HHW from the Participating City ing yshall Cpickup their t the unit at the ECC. After being contacted, within 10 days. g. If Fort Worth, in its sole discretion, determines HHW delivered t ItheaECCCFtort Wo h y's MCU operators improperly packaged any of the shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth herein. serve 10. If a spill emanating from the sastillpnting City's Participatinng City's pCU or theossession,ess onMFort Worth CU occurs at the ECC while the MCU shall take control of the spill response h and Participating City will reimburse Fort Worth for its response costs as set forth 6. USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A Fort Worth will enter into a contract(s) withdisposal, s osaletreatmentreecoverycycling f and/or reuse r the handling, collection, transportation, storage, P of household hazardous waste, from the ECC. B. Such firm(s) shall be required pursuant tothe ead ac dract(s) to assume batteries and antifeeze)tto choosestatus oa the waste collected, (excluding used oil, approval, and to indemnify Fort Worth disposal site for the waste subject to Fort Worth's and participating cities against any and all a result rvironmesulting damages handling, vcolllection, any and all environmental requirements 9 transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages act or the vi contractor, itson of environmental requirements was the result Y officers, agents, employees, or subcontractors, tthe and anlytotheact�pe son or entity r omission of contractor, its officers, agents, employees, or subcontractors REQUIRED WILL BE C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM ASSUMPT O(N)WILL NOT RELIEVE TO ASSUME GENERATOR STATUS, THIS PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW Interlocal Agreement—Household Hazardous Waste Program Page 12 of 21 r : AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil antifreeze, and other materials, as it deems appropriate. , batteries, 7. REUSE OF COLLECTED MATERIALS A. From time-to-time Fort Worth will make available to residents and businesses f Worth, as well as, Participating City and residents and businesses of Participating Ci y 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 an materials that are picked up for reuse. Y B. Some materials made available for reuse may have been consolidated and filtered Fort Worth prior to being made available. Used antifreeze will have been consolidated n 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 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 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. 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 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, Interlocal Agreement—Household Hazardous Waste Program Page 13 of 21 INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL INOBOTHITS OTHEIR OFFICIALS, AND EMPLOYEES, AGENTS, AND VOLUN CLAIMS SUITS, PRIVATE CAPACITIES, FROM ANY AND OR OF ACTION WHICH MAY DEMANDS, EXPENSES OF LITIGATION, ARISE BY REASON OF INJURY TO PERNONPROPERTY PRO OCCAS ONEDMBY THE PROPERTY, OR LOSS OF USE OF A TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT 2. IF THE PARTICIPATING CITY DOES NOT THEN THE PARTICIPATING CITY SHALINDEMNIFICATIONL AND WAIVER IN PARAGRAPH E ABOVE, NOT ACCEPT NOR ALLOW ANY OTHERAND SHALL NOT BEAREQU REDNTO AGREE REUSED OR RECYCLED MATERIALS A TO THE WAIVER IN PARAGRAPH E. Initial here to reject term 7.E.1. and accept alternate term 7.E.2. F. In regards to materials accepted by residents or businesses of REPRESENTATIONS, WARRANTIES ORcGUARANTIES ipating Cities, FORT WORTH MAKES NO 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 correct; g. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and g. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. y go G. Participating City shall attempt to informits up sidents and businesses that household hazardous wastelfoheeuse,ta the Environmental Collection Center to pick release of liability must be signed to accept the household hazardous waste for reuse. Remainder of this page intentionally left blank Interlocal Agreement- Page 14 of 21 Household Hazardous Waste Program 8. Ft 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 f have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he/she is in f resident of Participating City; act a 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 ECC's hours of operation are as follows: Thursday and Friday 11:00 a.m. -- 7:00 p.m. Saturday 9:00 a.m. -- 3:00 p.m. 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, Friday, and Saturday, November 24-26, 2011 Christmas Eve, Saturday, December 24, 2010 In addition to the above closures Fort Worth employees will not be available to conduct mobile collection events on May 26 and September 1 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 closures due to any cause are necessary Fort Worth will notify Participating City prior to the closure unless due to an unforeseeable event. C. Notifying Residents Participating City agrees to notify its residents of the ECC's 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. Interlocal Agreement- Household Hazardous Waste Program Page 15 of 21 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 ECC (or per participating household in a City resident Collection presents twaste(that was of household hazardous waste. If a Participating rs collected from multiple households, Fort of householdsrth reserves from right wh which charge waste Participating City based on the total originated. B. If Fort Worth determines that ParticipatinFocity'S ��o hCU operators shall repackage such a waste,ort any of the HHW delivered to the ECC, Participating City shall reimburse Fort Worth for its staff time at $20.00 an hour and the cost of supplies. rve MCU occurs at the C. If a spill emanating from the Participating City's Citn'sUor the possess one Fort Worth shall take ECC while the MCU is still in Participating Y control of the spill response and Participating City will the ost of supplies andimburse Fort Worth rt is response costs for City staff time ($60.00 per hour) p 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 servicesCitprovided uder this nParticipatinglCity shalgpayhFo B, and C, shall be billed to Participating y quarterly Worth within 30 days of receiving a hilall inform from ort Particitpating City in wh. If Fort hit ng that it will I not does not receive payment within 30 days, Fort Worth sand that Fort accept any household hazardous wastefrom Partici collection eventaorprovlide a mobile collection unit Worth will not participate in a mobile until paid. ng to E. At the end of the term of this Agreement,otal nrt uVmber oforth all provide a final Participating City's households Participating City, which will include fees, if any, and the total cost of spill which participated in the program, repackaging 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 City in the present fiscal year. 11. ARTWORK, "CAPTAIN CRUD AND THE C UDDIEENT D PROMOTIONAL MATERIALS LICENSE Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestle, "Scrub," and "Van Goo") and the recycling buddies ("Scrappy," "Juggles," and "Cana Nana") "Conquer Your Crud," and "Crud marks as servicer marks with the rightse all ownership belong not to Fort Worth. Fort Worth has registered t State. Page 16 of 21 Interlocal Agreement— Household Hazardous Waste Program 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 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 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. 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 FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" "REUSE OF COLLECTED MATERIALS" and "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 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 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 unenforceability 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. 18. AUTHORITY 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 othe other that any nec essary resolutions a tend ngl es hereto, and each party hereby certifies such authority fies t have been duly passed and are now in full force and effect. Interlocal Agreement- Household Hazardous Waste Program Page 18 of 21 SIGNATURE PAGE AGREEMENTINTERLOCAL ENVIRONMENTAL COLLEC IOCE TER, HOUS HOUSEHOLD PARTICIPATION WASTE PROGRAM CITY OF FORT WORTH CITY OF North Richland Hills By: By. Fernando Costa Printed name: Mark Hindman Assistant City M Hager Title: Cly Manaa� Date: _� /8 Date: APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY: AND LEG4Assis Lj Arthur N. Bashor City Attornt City Attorney Assistant City Attorney ATTEST: ATTEST: Marty Hendrix City Secretary c>Q �� 4itvy Secretary ��C�Hn�prrrrrrpr�%o �o ✓ %/ o Q �S�J c O ii COn ra�cj Authoriz i I( o Dat �1GU�1 FrlclALRECORD t g' Y "T-17!?ETARY v Interlocal Agreement— Household Hazardous Waste Program Page 19 of 21 Exhibit"A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT Material Amount Restocked Special Needs Remarks 55 gallon open top Amount taken off the drums(open top for trailer loose acks 55 gallon drums (closed Amount taken off the top) (oil, antifreeze, bulk trailer flammable materials and one extra Fiber drums(55 or 30 Amount taken off the gallon)Aerosols, acids, trailer bases and oxidizers Gaylord box liners Amount taken off the (plastic) 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 boxes 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 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 , 20 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 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 allowing 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 Waste Program Page 21 of 21 k4RH iro NRH Environmental Collection Center VOUCHER TYPE OF MATERIAL Voucher # (Circle all types appropriate) Name . Acids • Aerosol Cans Address . All Batteries • Antifreeze Home Phone . Brake Fluid . Craft Chemicals Work Phone • Hobby Chemicals Degreasers Where did you hear about the NRH-ECC Program? • Drain Cleaners Fertilizer Fluorescent Lights • Herbicides Have you used the HHW Program before? Household Chemicals • Motor Oil Was this waste generated by a business? Paints/Stains • Paint Thinners Who will bring the waste to the ECC? Pest Strips Pesticides Pharmaceuticals • Photo Chemicals • Pool Chemicals Date on Voucher • Oil Filters Information Package was Picked Up Mailed • Solvents Was the voucher used? • Transmission Fluid • Varnishes ------------------------------------------------------------------------------------------- NRH Environmental Date: Collection Center Program *The City of Fort Worth Voucher No. has the right to REFUSE This voucher and your drivers license entitles*: any waste which is deemed unacceptable. Name Address IF NOT USED to take household chemical waste to the City of Fort Worth Environmental IN 90 DAYS Collection Center, please review enclosed ECC Info Sheet for materials accepted. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/19/2011 DATE: Tuesday,July 19, 2011 REFERENCE NO.: **C-25015 LOG NAME: 20ENVIR COLLECTION CENTER ILA FY2012 PARTICIPATING ENTITIES SUBJECT: Authorize Interlocal Agreements with Various Municipalities and Other Governmental Entities for Participation in the Environmental Collection Center Household Hazardous Waste Program(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Interlocal Agreements with various municipalities and other governmental entities for their participation in the Environmental Collection Center Household Hazardous Waste Program. DISCUSSION: The City's Environmental Collection Center is now in its 14th year of operation collecting household hazardous waste from the residents of Fort Worth and surrounding communities on a year round basis. In order for non—Fort Worth residents to participate at the center, each entity is required to enter into an Interlocal Agreement with the City of Fort Worth. The rate per household for the period covered by these agreements (October 1, 2011, through September 30, 2012)is $47.00 per household. It is anticipated that approximately $700,000.00 will be collected under these Agreements. During Fiscal Year 2011,47 entities signed participation agreements with the City of Fort Worth. For the upcoming year,it is expected that all of these entities will participate. This agreement outlines the responsibilities of each party, establishes the rate for participation, details procedures for loan of mobile collection unit, and delineates the usage of service marked public education materials. The City of Fort Worth is responsible for overall operation of the center including contracting with a hazardous waste disposal company for transportation and disposal of materials collected. The following entities are expected to execute an Agreement to participate for the period October 1, 2011, through September 30, 2012: Arlington Haslet Saginaw Azle Hood County Sherman Bedford Hurst Southlake Benbrook Keller Stephenville Bridgeport Kennedale Tarrant County Burleson Lake Worth Tarrant Regional Water District Cedar Hill Lakeside Trophy Club Upper Trinity Regional Water Cleburne Mansfield District Colley Xille Midlothian V1'atauga Crowley North Richland Hills Waxahachie Euless Oak Leaf Weatherford Forest Hill Pantego Westlake Glenn Heights Parker County Westover Hills Grand Prairie Richland Hills Westworth Village Grapevine River Oaks White Settlement Haltom City Roanoke FISCAL INFORMATION: The Financial Management Services Director certifies that the Transportation and Public Works Department is responsible for collection and deposit of the funds due to the City. FUND CENTERS: FROM Fund/A TO Fund/Account/C'wAm R103 488220 0201100 X700 000.00 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Fernando Costa (6122) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Michael Gange (6569) ATTACHMENTS No attachments found.