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HomeMy WebLinkAboutContract 42251 i TSECRETA CONTRACT NO, a'�� I INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM FY2012 OFFICIAL RECORD CITY SECRETARY FT WORTH• TX V � VOUCHER UTILIZATION The Participating City: LlDOES wish to use a voucher system for its residents visiting the ECC or a mobile event. nDOES 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 official voucher must be attached to this agreement. INVOICE DELIVERY Invoices to Participating City shall be delivered to: Howard Redfearn Name Department(if applicable) 1200 E. Broad St Street Address or PO Box Mansfield, TX 76063 City,State,ZIP howard.redfearn@mansfield-tx.gov 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 V v environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, 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, 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 (HHW) 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 (MCU) 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 V 3. TERM This Agreement shall be effective from October 1, 2011 or the date the last party has signed this Agreement, whichever is later, through September 30, 2012 however the duties and responsibilities 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 2012 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. 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 City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. 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. 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 \t V (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 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 residents that come to dispose of household hazardous waste that the Fort Worth Mobile Collection Unit will not be coming to the event, but the resident can go to the ECC to dispose of the waste. A map with directions to the ECC also will be provided. 2. Participating City Mobile Collection Unit: (a) Fort Worth agrees to accept household hazardous waste from mobile collection events conducted by Participating City using Participating City's 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 V 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 multiple households, Fort Worth reserves the right to charge the Participating 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. I. Mobile Collection Events using Participating City's MCU or Reserve MCU 1. Participating City is responsible for proper notification to TCEQ as required by 30 TAC §335.403. 2. Participating City shall advise the 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 V AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time-to-time Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City and residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. 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 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 V 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City or Participating City's resident, if in the reasonable judgment of Fort Worth: A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that 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 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 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 V V J 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 V V SIGNATURE PAGE INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM CITY OF FORT WORTH CITY OF Mansfield By: By: 41 it-L..- Fernando Costa Printed name: Steve Freeman Assistant Cit Manager Title: Public Works Director Date: 9/9/// Date: APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY: AND LEGALITY: Arthur N. Bashor City A orney/As6stant City ttorney Assistant City Attorney ATTEST: AT ST: 1 p Marty Hendrix t �h City Secretary I City Secretary rjj Contra t Au horization Date ` OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement—Household Hazardous Waste Program Page 19 of 21 V `� 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 1 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, 1 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 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 TLA 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 Cleburne Mansfield Upper Trinity Regional Water District Colley�1111e Midlothian Watauga 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: TO Fund/Account/Centers FROM Fund/Account/Centers R103 488220 0201100 $700.000.00 CERTIFICATIONS: Submitted for City Manager's Officebbvi Fernando Costa (6122) Origi atingDeAartment Head• Douglas Wiersig (7801) Additional Information Contact: Michael Gange (6569) ATTACHMENTS No attachments found.