HomeMy WebLinkAboutContract 34083� -�,�, � �_„_������`��� . - -
� ��� � r�� ir, � r��c� a .��_��.� .
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 home-rule
municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called
"Fort Worth," acting herein by and through Libby Watson, its duly authorized Assistant City
Manager, and City of Bedford , a municipality situated in Tarrant County
Texas, hereinafter called "Participating City," acting herein by and through
Beverly queen its duly authorized City Manager
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal
cooperation agreements befinreen and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract
with another to perForm governmental functions and services, and §791.003(3)(H) defines waste
disposal as a governmental function and service; and
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 desire to enter into an interlocal agreement
whereby Fort Worth will purchase the services of a waste disposal/recycling �rm or firms and
will administer a household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an
of the forces of nature,
human intervention.
act occasioned by the direct, immediate, and exclusive operation
uncontrolled or uninfluenced by the power of humans and without
Bill of Ladinq lists the contents�of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for the aggregation of househofd hazardous wastes
that have been brought to the facility by participating cities' households for subsequent
recycling, disposal, and/or reuse.
��-;�J'��'' �� ��'� '�;�K; ��';-;; ;r�,
�J ' �.� i!'l1 Y�i 11�.; �.�y „��. �'i
'L�� �l� :,�'s`�L�r _ �:' ,,'.,,,
��j �^;jJ.'I�1t^n'� !�liY
� ."C;�J. � . �S�.a
Force maieure means decrees of or restraints by a governmental instrumentality, acts of
God, work stoppages due to fabor disputes or strikes, failure of Fort Worth's
contractor(s) to perform pursuant fo their agreements with Fort Worth for the conduct of
the collection of household hazardous waste, fires, explosions, epidemics, 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) furnished by the TCEQ to
accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for
waste transported to a site in Texas, or the comparable manifest of the receiving state if
the waste is transported out of Texas.
Mobile collection event means a household hazardous waste collection event by
Participating City utilizing a mobile collection unit.
Fort Worth 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. The Fort Worth Mobile Collection Unit is
designed to hold the hazardous waste of approximately 50 to 75 households.
Participatinq Cities, when used in the plural, means Fort Worth, Participating City, and all
other entities which have entered into interlocal agreements with Fort Worth for the ECC
household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
subdivision or agency, business trust, partnership, association, or any other fegal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health
and Safety Code §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following
abbreviations, as used in this Agreement, shall have the meanings hereinafter
designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
EPA - United States Environmental Protection Agency.
Page 3 i =
1.; r��'�.�1,,.1 1� ,5 ��.- e:' �%
� (��I,.. ;;,:� ,,_ ; �„ � ;:,;;;1
L7 � II ��/ L�;'_ _. �'r� I` ,.:i�c'.'�L L
,.ti I�' ��Y�� G�� , , �IS \'�.
�
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 househoid
hazardous waste at the Environmental Collection Center or a Mobile Collection Event.
F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of
Participating City's households that disposed of household hazardous waste at the
Environmentai Collection Center or at a mobile collection event.
G, Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Non-Fort Worth Mobile Collection Unit
Fort Worth agrees to accept household hazardous waste from Participating City's
MCU in accordance with Section 5, of this Agreement.
2. 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.
I. Mobile Collection Events —Usinq Fort Worth's Unit
If Participating City would like to schedule a mobile collection event with the Fort
Worth Mobile Collection Unit, Fort Worth will send Participating City a list of
available dates. Participating City will contact Fort Worth as soon as possible to
schedule the date, time and location agreeable to both parties.
(a) Location
If Participating City chooses to hold the Mobile Gollection Event on private
property, Participating City shall obtain a signed waiver from the owner of
the property one (1) week 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 one (1) week before the Mobile
Collection Event. If the signed waiver is not sent to Fort Worth one (1)
week before the Mobile Collection Event, Fort Worth will not send the Fort
Worth Mobile Collection Unit to the event and Participating City will, in no
event, be entitled to any damages of recovery of any costs, except as
provided herein.
(b) Available Dates
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,
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.
Page 5
3. Pariicipating City agrees to maintain and return the Special Mobile Collectioh
Unit in as good condition as it was in when Participating City took possession for
use, Participating City shall return the Special Mobile Collection Unit to Fort
Worth in a timely manner and as mutually agreed upon.
4. Participating City shall be responsible for all work-related property damage,
personal injury or death caused by Participating City's employees or volunteers
and arising out of the use of the Special Mobile Collection Unit during the term of
this Agreement.
5. It is expressly understood and agreed that, in the execution of this Agreement,
neither of the parties waives, nor shall be deemed hereby to waive, any immunity
or defense that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions. By entering into this Agreement
the parties do not intend to create any obligations, expressed or implied, other
than those set forth herein and this Agreement shall not create any rights in
parties not signatories hereto.
5,
DUTIES OF PARTICIPATING CITY
Participating City agrees to perForm the following duties in connection with the household
hazardous waste collection program;
A. Participating City will designate one of its employees, and another as an alternate, to act
as its household hazardous waste collection coordinator to interact with Fort Worth.
Designated person is: James Hughes telephone number: 817-952-2301
Pager number or 24-hour number where he or she can be reached: 817-713-0581
Alternate person is Don Henderson telephone number: 817-952-2308
Pager number or 24-hour number where he or she can be reached: si�-� 13-0582
B. Participating City will coordinate and fund all program advertising targeted to its own
citizens, as it deems necessary. Such advertising shall include the type of wastes that
will be accepted at the ECC, the requirement of proof of residency and weather
cancellation information.
C. Participating City shall notify its residents of the ECC hours of operation and dates it is
closed as provided in Section 9"The Environmental Collection Center Hours of
Operation.°
D. Participating City may choose to utilize a voucher system for its residents in order for
them to bring HHW to the ECC. If Participating City chooses to use such a system, it
shall notify Fort Worth of the decision, and shall provide Fort Worth with 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
Page 7
5. Prior to transporting the HHW from the collection event site(s), 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 HHW 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.
6. During transportation, Participating City's MCU operators shall placard the MCU
for transportation of hazardous waste in accordance with federal and state law.
7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall
follow the instructions of Fort Worth regarding the placement of the MCU for
unloading. Fort Worth shall take possession of the MCU from Participating City
after the MCU has been properly parked for unloading in accordance with Fort
Worth's instructions and all required documents have been delivered to the ECC
program manager or his designee at the ECC. Fort Worth shall, within a
reasonable amount of time, unload the HHW from the non-Fort Worth MCU and
store the HHW at the ECC.
8. If Fort Worth, in its sole discretion, determines that Participating City's MCU
operators improperly packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating City shall reimburse Fort Worth as
set forth in Section 10., Paragraph B.
9. If a spill 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 in Section 10.,
Paragraph C.
6,
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, which is collected at the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for
the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a
disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth
and participating cities against any and all environmental damages and the violation of
any and all environmental requirements resulting from the handling, collection,
transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected
pursuant to this agreement, when said environmental damages or the violation of said
environmental requirements was the result 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
Page 9 —=-_– -_ _
d ' ���'�,�� ,�. :;; � ;°u;
y7 >�` ; ;;; ,
'v L ��r - -. .. .. _; f ;���: !'. �!
; �;��„
��� �, �:; ^.. ; � ��:���
CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES,
AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUfTS, DEMANDS,
EXPENSES OF L(TIGATION, 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.
F. In regards to materials accepted by residents or businesses of Participating Cities,
FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
THAT:
1. the container contents are what the label 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.
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.
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's resident and to eject such individual from the premises of the
ECC, if in the reasonable judgment of Fort Worth:
A. The waste is not household hazardous waste;
Page 11
B. If Fort Worth determines that Participating City's MCU operators improperly packaged
any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and
Participating City shall reimburse Fort Worth for it staff time at $20.00 an hour and the
cost of supplies.
C. If a spill occurs at the ECC while the Non- Fort Worth 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 of $60.00 per hour staff time and the cost of
supplies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A,
B, 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 end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households
which participated in the 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 City in the present fiscal year.
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie,
"Scrub," and "Van Goo") and the recycfing buddies ("Scrappy," "Juggles," and "Cana
Nana") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong
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
Page 13 ` _ ---
� ,.
�; '' , l , �
v � �;� . . ,: �. � �:_i ,�: �J
����j — r��' ��,^�.
V u� .. �� t� 2t 1� �ir
.r�,�% �•i?;i� �i�`��?
;�"i, .� � ':1'3 ;���i.�;a
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
if to Participatinq Citv:
James Hu�hes, Director of Parks
City of Bedford
2000 Forest Ridge Drive
Bedford, Texas 76021
16.
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.
17.
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.
18.
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.
Page 15
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 irailer
loose packs)
55 gallon drums (closed Amount taken off the
top) (oil, antifreeze, trailer
bulk flammable
materials and one extra
Fiber drums (55 or 30
gallon) Aerosols, acids, Amount taken off the
bases and oxidizers) trailer
Gaylord box liners
(plastic) Amount taken off the
trailer
55 gallon drum liners
Amount taken off the
trailer
5 gallon buckets
(filters/haz chemicals) Amount taken off the
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
& Brochures Amount needed
Page 17 _ _ __
�� �'��� � � � �� '����' L)
�r• � ; . � t;; , J
�v�; � � , � !l�`,� ��1 '�t
4� ; :�.tr �?i4p'1
_ �, ! �ti; ;',4a<a,
Page 1 of 2
City of Fori Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/26/2006
DATE: Tuesday, September 26, 2006
LOG NAME: 52ECCFY07CITIES REFERENCE NO.: �'*C-21729
SUBJECT:
Approval of Interlocal Agreements with Various Municipalities and Other Governmental Entities for
Participation in the Environmental Collection Center Household Hazardous Waste Program
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 iYs eighth year of operation collecting household
hazardous waste from the citizens of Fort Worth and surrounding communities on a year round basis. In
order for NON-Fort Worth citizens 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, 2006 through September
30, 2007) is $46.00 per household. It is anticipated that approximately $588,724 will be collected under
these agreements. During FY 2005-2006, 31 area entities signed participation agreements with the City of
Fort Worth. For the upcoming year we expect all of those to participate and have already had interest
expressed by other entities.
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 have expressed an interest (*) or are expected to execute an agreement to participate for the
period October 1, 2006 through September 30, 2007:
Arlington
Benbrook
Cleburne
Edgecliff Village
Grapevine
Hurst
Newark
River Oaks
Sansom Park*
Stephenville
Waxahachie*
Tarrant Regional Water District
Azle
Burleson
Colleyville
Euless
Haltom City
Keller
North Richland Hills
Roanoke
Sherman*
Trophy Club
Westworth Village
Bedford
Cedar Hill
Coppell*
Grand Prairie
Hood County
Mansfield
Richland Hills
Saginaw
Southlake
Watauga
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 12/4/2006
Page 2 of 2
Texoma Council of Governments*
Un-incorporated Tarrant County
Upper Trinity Regional Water District
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmental Management Department will be responsible for
collection of the funds due under these agreements.
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 488220 0521100 $588,724.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
Brian Boerner (6647)
Brian Boerner (6647)
http://www. cfwnet. org/council�acket/Reports/mc�rint. asp 12/4/2006