HomeMy WebLinkAboutContract 49886 c �
CITY SECRETARY
CONTRACT NO.
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2018
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OFFICIAL.RECORD
CITY SECRETARY
FT.WORTH,TX
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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, Parker, and Wise Counties, Texas, hereinafter called "Fort Worth,"
acting herein by and through Fernando Costa, its duly authorized Assistant City Manager and
County,Texas acting herein by and through its duly
authorized County Judge as directed by the County Commissioners Court.
Throughout this document the term "County" or "the County" when used in the context of a party to the
agreement shall mean County,Texas.
DELIVERY OF NOTICES
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
German Vazquez,Solid Waste Superintendent
Rex Johnson, Environmental Supervisor
Code Compliance—Solid Waste
City of Fort Worth
4100 Columbus Trail
Fort Worth,Texas 76133
If to County:
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OPERATIONAL CONTACTS
County's Operational Contact Persons:
Designated person is: telephone number:
Mobile phone number(24-hour)where he or she can be reached:
Email address:
Alternate person : telephone number:
Mobile phone number(24-hour)where he or she can be reached:
Email address:
VOUCHER UTILIZATION
The County:
DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile event.
If a voucher system will be used only residents with an official voucher provided by the County will be allowed
to drop wastes off at the ECC or at mobile events in the County. A copy of the official voucher must be
attached to this agreement.
INVOICE DELIVERY
Invoices to the County shall be delivered to:
Name
Department(if applicable)
Street Address or PO Box
City,State,ZIP
email address for billing questions and correspondence
The County shall notify Fort Worth in writing if the above contact information changes during the term of this
Agreement.
WITNESSETH
2018 Interlocal Agreement—Household Hazardous Waste Program Page 3 of 23
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
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 the County desire to enter into an interlocal agreement whereby Fort Worth will
purchase the services of a waste disposal/recycling firm or firms and will administer a household hazardous
waste collection program within the County;and
WHEREAS, Fort Worth and the County 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 act occasioned by the direct, immediate, and exclusive operation of the forces of
nature, uncontrolled or uninfluenced by the power of humans and without human intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center(ECC) means the City of Fort Worth Code Compliance-Environmental
Management Division facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by
Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility
by participating entities' households for 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,whether or not such claim is ultimately defeated,and of any good faith settlement or judgment,
of whatever kind or nature, contingent or otherwise, matured or un-matured, foreseeable or
unforeseeable, including without limitation reasonable attorney's fees and disbursements and
consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result
of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of
waste pursuant to this Agreement, or the 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 of attorneys, consultants, contractors, experts, laboratories and
all other costs incurred in connection with the investigation or remediation of such wastes or
violation of environmental requirements including, but not limited to, the preparation of any
2018 Interlocal Agreement—Household Hazardous Waste Program Page 4 of 23
feasibility studies or reports or the performance of any cleanup, remediation, removal,
response, abatement, containment, closure, restoration or monitoring work required by any
federal, state or local governmental agency or political subdivision, or otherwise expended in
connection with the existence of such wastes or violations of environmental requirements,
and including without limitation any attorney's fees, costs and expenses incurred in enforcing
this Agreement or collecting any sums due hereunder;and
(c) Liability to any third person or governmental agency to indemnify such person or agency for
costs expended in connection with the 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 County 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 County, 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.
2018 Interlocal Agreement—Household Hazardous Waste Program Page 5 of 23
Participating Entities,when used in the plural, means Fort Worth, County,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 legal 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, its amendments,
associated case law, and state counterparts.
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 emergency response and the training,certification, and
legal requirements associated therewith.
HM -hazardous materials.
HHW-household hazardous waste.
MCU -Mobile Collection Unit.
TCEQ—Texas Commission on Environmental Quality.
2.
PURPOSE
The purpose of this interlocal agreement(hereafter"Agreement") is the provision of services by Fort Worth to
County whereby, subject to the terms and conditions specified below, Fort Worth will administer and
supervise a regional household hazardous waste collection program, which will be available to households
within County as described herein.
3.
TERM
This Agreement shall be effective from October 1, 2017 or the date the last party has signed this Agreement.
This agreement will be self-renewing infinitely. This agreement will be binding for both parties until one or
more parties terminate the agreement. Termination of the agreement shall be provided to both parties 45
2018 Interlocal Agreement—Household Hazardous Waste Program Page 6 of 23
days prior to the completion date. However, the duties and responsibilities of the Parties for events which
occurred during the term of the contract shall survive.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for County 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 County. 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. Commercial waste is never accepted by Fort
Worth.
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 County, provide County with copies of waste manifests for
shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by County, provide County a monthly report of applicable
County'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
County'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
County may schedule a mobile collection event to be operated by Fort Worth personnel using one of
Fort Worth's MCUs or conduct their own mobile collection events using either County's MCU or Fort
Worth's Reserve MCU (as available). State regulations require notification to the Texas Commission on
Environmental Quality(TCEQ) at least 45 days prior to conducting the event.
1. Fort Worth Operated Events:
If County would like to schedule a mobile collection event with the Fort Worth Mobile
Collection Unit, County shall contact the ECC as soon as possible for a list of available dates.
The time and location shall be agreeable to both parties. County may schedule one mobile
collection event each contract year. Fort Worth will file notification of the event with TCEQ as
required by 30 TAC§335.403.
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(a) Scheduling Events
Fort Worth will begin scheduling mobile collection events for each calendar year on
the first scheduled working day after the New Year begins. To ensure proper
notification to TCEO, events must be scheduled at least sixty (60) days ahead of the
proposed date. County acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be accommodating each County's request on a
first come first served basis. Therefore, County acknowledges that its chosen date to
schedule a mobile collection event may be reserved by another city and County will
have to then choose another date. County will, in no event, be entitled to any
damages or recovery of any costs, except as provided herein. Only one mobile
collection event using Fort Worth staff and equipment per county is entitled under this
contract. Additional events may be accommodated if feasible.
(b) Location
If County chooses to hold the Mobile Collection Event on private property, County
shall obtain a signed waiver from the owner of the property sixty(60) days prior to the
event. The waiver shall be in the form of Exhibit B or similar form approved by Fort
Worth. The signed waiver must be sent to Fort Worth sixty (60) days before the
Mobile Collection Event. If the signed waiver is not sent to Fort Worth sixty (60) days
before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile
Collection Unit to the event and County will, in no event, be entitled to any damages
or recovery of any costs, except as provided herein. All events must be held on an
impervious surface.
(c) At the Mobile Collection Event, County acknowledges and agrees that Fort Worth shall
accept household hazardous waste from the first 50 households that show proof of
residency at the Mobile Collection Event.After the first 50 households, Fort Worth will
determine in its sole discretion how much more waste it can accept for proper
transport back to the ECC. If more households arrive at the event than Fort Worth can
accept, County will in no event be entitled to any damages or recovery of any costs,
except as provided herein.
(d) Due to the lack of storage space at the ECC, County acknowledges and agrees that if it
requests the Fort Worth Mobile Collection Unit at a mobile collection event, a
County's MCU shall not also be at the event.
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth
Mobile Collection Unit to County'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 County and shall attempt to send a Fort Worth
employee to the County'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.
(f) The County agrees to collect collection data at the MCU and provide Fort Worth with a
list of total MCU participants and total quantities of wastes listed in an Excel
2018 Interlocal Agreement—Household Hazardous Waste Program Page 8 of 23
spreadsheet in a template provided by Fort Worth as Exhibit C,within ten (10) days of
the mobile collection event. No vouchers, sign-in sheets, or copies of either will be
accepted by Fort Worth.
2. County Mobile Collection Unit:
(a) Fort Worth agrees to accept household hazardous waste from mobile collection events
conducted by County using County's MCU in accordance with the terms of this
Agreement.
(b) Fort Worth agrees to restock the items it removes from County'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. County may request the loan of Fort Worth's
Reserve MCU free of charge for use in a Household Hazardous Waste collection event when
available. County may use the Reserve MCU to transport HHW to Fort Worth's ECC or another
collection center that may lawfully receive HHW. County 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 County and shall notify County as soon as is reasonably practicable of such
decision. Fort Worth shall not participate in nor be responsible for any part of the County'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
performed by Fort Worth. Also, both parties will complete a pre-trip aesthetic
assessment. County shall be responsible for all certifications and insurance necessary
for the proper operation of the Reserve MCU.
(b) County agrees to maintain and return the Reserve MCU in as good condition as it was
in when County took possession for use. County shall return the Reserve MCU to Fort
Worth in a timely manner and as mutually agreed upon.
(c) County shall be responsible for all property damage, personal injury or death caused
by County's employees,volunteers,contractors, or agents and arising out of the use of
the Reserve MCU during the term of this Agreement.
(d) It is expressly understood and agreed that, in the execution of this Agreement, neither
of the parties waives, nor shall be deemed hereby to waive, any immunity or defense
that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement the parties do
not intend to create any obligations, expressed or implied, other than those set forth
herein and this Agreement shall not create any rights in parties not signatories hereto.
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5.
DUTIES OF COUNTY
County agrees to perform the following duties in connection with the household hazardous waste collection
program:
A. County will designate one of its employees, and another as an alternate, to act as its household
hazardous waste collection Operational Contact to interact with Fort Worth as designated in this
contract.
B. County 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. County 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. County may choose to utilize a voucher system for its residents in order for them to bring HHW to the
ECC. If County chooses to use such a system, it shall designate so herein and include a copy of the
official voucher. In addition, if a citizen from a County that utilizes a voucher system comes to the ECC
or a mobile collection event without a voucher, County acknowledges and agrees that Fort Worth will
not accept the household hazardous waste until County authorizes the acceptance in writing.
E. County may submit a written request for a monthly report listing the number of its county's
households that have disposed of household hazardous waste at the ECC or a mobile collection event.
F. County shall provide traffic control and signage for its mobile collection event, and shall provide
personnel to assist Fort Worth with the offloading of material, surveys, and screening of persons
dropping off household hazardous waste. Prior to the event,the parties shall agree upon the details of
the traffic control,signage,and personnel assistance.
G. If a County resident presents waste that was collected from multiple households, Fort Worth reserves
the right to charge the County based on the total number of households from which the waste
originated even if the resident has only one voucher.
H. County 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 County's MCU or Reserve MCU
1. County is responsible for proper notification to TCEQ as required by 30 TAC§335.403.
2. County shall advise the ECC at least 72 hours in advance of its mobile collection events.
County shall collect only HHW during a mobile collection event. Wastes from commercial,
agricultural, and industrial sources shall not be accepted. County 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.
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3. In accordance with the latest DOT requirements, County'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, County'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 County'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. County
shall not transport waste that is not HHW to the ECC. County agrees to make its own
arrangements to dispose of any non-HHW waste collected at the event.
6. Prior to transporting the HHW from the collection event site, County'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. County shall require that a minimum of
one copy of the latest North American Emergency Response Guidebook be kept within the cab
of the truck.
7. During transportation, County's MCU operators shall placard the MCU for transportation of
hazardous waste in accordance with federal and state law.
8. Upon the return of the MCU to the ECC, County'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 County 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 manager or his designee at the ECC. Fort Worth shall, within a reasonable amount of
time, unload the HHW from the County's MCU and store the unit at the ECC. After being
contacted,County shall pickup their unit within 10 days.
9. If Fort Worth, in its sole discretion, determines that County's MCU operators improperly
packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and
County shall reimburse Fort Worth as set forth herein.
10. If a spill emanating from the County's MCU or the Reserve MCU occurs at the ECC while the
MCU is still in County's possession, Fort Worth shall take control of the spill response and
County will reimburse Fort Worth for its response costs as set forth herein.
2018 Interlocal Agreement—Household Hazardous Waste Program Page 11 of 23
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste,from the 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 entities 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 COUNTY OF LIABILITY FOR THE WASTE
UNDER FEDERAL LAW 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, County residents and businesses of County 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 County, 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;
2018 Interlocal Agreement—Household Hazardous Waste Program Page 12 of 23
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. COUNTY
SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS.
D. County shall contact the ECC manager to arrange a pickup time to obtain materials. County 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 COUNTY, COUNTY DOES
HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS
HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS,
AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY,
CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY
REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF
ANY PROPERTY,OCCASIONED BY THE TRANSPORTATION,STORAGE, HANDLING, USE,AND DISPOSAL
BY COUNTY OF ANY MATERIALS ACCEPTED BY COUNTY UNDER THIS AGREEMENT FROM FORT
WORTH.
2. IF COUNTY DOES NOT AGREE TO THE INDEMNIFICATION AND WAIVER IN PARAGRAPH E ABOVE,
THEN COUNTY SHALL NOT ACCEPT, NOR ALLOW ANY OTHER PERSON TO ACCEPT ANY OF THE REUSED
OR RECYCLED MATERIALS AND SHALL NOT BE REQUIRED TO AGREE TO THE WAIVER IN PARAGRAPH E.
Initial here to reject term 7.E.1.and accept alternate term 7.E.2.
F. In regards to materials accepted by residents or businesses of Participating Entities, 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.
2018 Interlocal Agreement—Household Hazardous Waste Program Page 13 of 23
G. County 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.
B.
RIGHT TO REFUSE WASTE
County agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from County or
County'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
County;
D. County 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:
New Year's Day
Martin Luther King Jr. Day
Thanksgiving holiday,Thursday and Friday
Memorial Day
Independence Day
Labor Day
Christmas Day
In addition to the above closures Fort Worth employees may not be available to conduct mobile
collection events on other dates to conduct mobile collections within the City of Fort Worth, although
2018 Interlocal Agreement—Household Hazardous Waste Program Page 14 of 23
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 County that the ECC will be open on any particular days.
If additional closures due to any cause are necessary Fort Worth will notify County prior to the closure
unless due to an unforeseeable event.
C. Notifying Residents
County agrees to notify its residents of the ECC's hours of operation and dates it will be closed. County
also may advertise the 24-hour Environmental Collection Center telephone number:817-392-1234.
2018 Interlocal Agreement—Household Hazardous Waste Program Page 15 of 23
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. County agrees to pay Fort Worth the sum of $50.00 per household per visit to the ECC (or per
participating household in a Mobile Collection Event) to dispose of household hazardous waste. If a
County resident presents waste that was collected from multiple households, Fort Worth reserves the
right to charge County based on the total number of households from which the waste originated.
B. If Fort Worth determines that County's MCU operators improperly packaged any of the HHW delivered
to the ECC, Fort Worth shall repackage such waste, and County shall reimburse Fort Worth for its staff
time at$20.00 an hour and the cost of supplies.
C. If a spill emanating from the County's MCU or the Reserve MCU occurs at the ECC while the MCU is still
in County's possession, Fort Worth shall take control of the spill response and County will reimburse
Fort Worth for its response costs for City staff time ($60.00 per hour) plus the cost of supplies and the
actual costs for the spill response and remediation incurred by the City of Fort Worth for third party
contractors and responding governmental agencies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall
be billed to County quarterly. County 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 County in
writing that it will not accept any household hazardous waste from County'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 County,which
will include the total number of County's households which participated in the program, repackaging
fees, if any,and the total cost of spill response charged to County, 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 County 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 recycling 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 County 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 County's disposal and recycling of household hazardous waste programs. If County wishes
to use to Licensed Art and/or Promotional Materials in other limited situations, County must first
obtain express written consent from Fort Worth.
2018 Interlocal Agreement—Household Hazardous Waste Program Page 16 of 23
B. Fort Worth may provide licensed Artwork and Promotional Materials to County pursuant to the terms
of this Agreement. County acknowledges that by virtue of this License, County 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 County wants to modify or change the artwork
and/or promotional materials in any manner,County hereby agrees to contact Fort Worth in writing to
obtain written consent before modifying or changing any artwork and/or promotional materials.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the Participating
Entities 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. County 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.
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 County and
Fort Worth.
16.
SEVERABILITY
2018 Interlocal Agreement—Household Hazardous Waste Program Page 17 of 23
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 County,Texas.
18.
AUTHORITY
This Agreement is made for Fort Worth and County as an Interlocal Agreement, pursuant to Texas Government
Code,Chapter 791.
19.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the
necessary authority to execute this Agreement on behalf of the parties hereto,and each party hereby certifies
to the other that any necessary resolutions extending such authority have been duly passed and are now in full
force and effect.
2018 Interlocal Agreement—Household Hazardous Waste Program Page 18 of 23
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH
COUNTY
By: By:
Fernando Costa Printed name: W, 2
Assistant City Manager Title:
Date: 7 Dat(�: L
APPROVED AS TO FORM ArrR0 V ED AS TO FORM
AND LEGALITY: AND LEGALIT
Christa Reynolds —9+ rir"Atto /Assistant District Attorney
Sr.Assistant City Attorney
OF•F�RT�?.O
ATTEST: ATTEST:
U ;_
ary J. K r ..... ' F fitness
City SecretaryXAS
Contract Authorization No. : .
fJ; •
2018 Interlocal Agreement—Household Hazardous Waste Program Page 19 of 23
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract, ' in suring all performance and reporting requirements.
RexJ nson
Environmental Supervisor—Environmental Collection Center
j
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 20 of 23
Exhibit"A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount Restocked Special Needs Remarks
55 gallon open top drums Amount taken off the
(open top for loose packs) trailer
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(plastic) Amount taken off the
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
2018 Interlocal Agreement—Household Hazardous Waste Program Page 21 of 23
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
County to allow a mobile collection event on my property to collect household hazardous
waste on ' 20 . I hereby give my permission to County and the City
of Fort Worth, to hold a household hazardous waste collection event on my property in which
County 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 County 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 County 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 County 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
2018 Interlocal Agreement—Household Hazardous Waste Program Page 22 of 23
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Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT_�Tl11
COUNCIL ACTION: Approved on 6/13/2017
DATE: 6/13/2017 REFERENCE C-28276 LOG 23ENVIR COLLECTION CENTER ILA
NO.: NAME: FY2018 PARTICIPATING ENTITIES
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT. Authorize Execution of 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 execution of Interlocal Agreements with various
local 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 20th 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 term for these Agreements will be for Fiscal Year 2018 (October 1, 2017 through September 30,
2018)with continuous one-year options to renew in future fiscal years. Renewal may be effected by
written notification by the City Manager or his designated representative to the participating entity
within 30 days of the expiration of the prior term and does not require specific City Council approval.
For Fiscal Year 2018, the rate per household for the period covered by these Agreements is $50.00
per household; this rate may be increased or decreased to meet program costs in future fiscal years.
It is anticipated that approximately $800,000.00 will be collected annually under these agreements.
During Fiscal Year 2017, over 50 entities signed participation Agreements with the City of Fort Worth.
For Fiscal Year 2018, it is expected that all of these entities will participate in this program.
The 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 the overall operation of the
Environmental Collection Center; including contracting with a hazardous waste disposal companies
for transportation and disposal of hazardous waste materials collected. The following entities may
execute an Agreement for continued participation in Fiscal Year 2018:
Alvarado Glenn Heights
Arlington Godley
Azle Grand Prairie
Bedford Grapevine
Benbrook Haltom City
Burleson Haslet
Cedar Hill Hood County
Cleburne Hurst
Colleyville Johnson County
Crowley Joshua
Dalworthington Gardens Justin
Decatur Keller
Euless Kennedale
Forest Hill Lake Worth
Fort Worth Lakeside
Midlothian Unincorporated Tarrant
County
North Richland Hills Upper Trinity Regional Water
District
Oak Leaf Watauga
Pantego Waxahachie
Parker County Weatherford
Richland Hills Westlake
River Oaks Westover Hills
Roanoke Westworth Village
Saginaw White Settlement
Sansom Park
Sherman
Southlake
Stephenville
Tarrant Regional Water District
(TRWD)
Trophy Club
This contract will be with a governmental entity, state agency or public institution of higher education:
(see list above).
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the Code Compliance Department is responsible for collection
and deposit of the funds due to the City.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID ' Year (Chartfield 2) E
FROM _
__m....._., .. _....._...
Fund Department Account Protect Program � Activity � Budget Reference# Amount
ID ID Year (Chartfiield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett(6322)
Additional Information Contact: Cody Whbittenburg (5455)
Robert Smouse (5153)