HomeMy WebLinkAboutContract 49983 CITY SECRETARY LA Ct G� `
CONTRACT NO. Il
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2018
n
OFFICIAL RECORD
CITY SECRETARY
FT,WORTH,TX
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal
corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "Fort Worth,"
acting herein by and through Fern ndo Costa, its duly authorized Assistant City Manager, and
T &yt4 fZe4;vjjd r District, a conservation and reclamation District created
pursuant to Article XVI rection 5.9 of the Constitution of State of Texas and situated in
-rlk C—f- *' County, Texas, hereinafter called "District" acting herein by and through
w. its duly authorized CoAtidecat MA
(Name) (Title)
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 District:
�r C.vI.WN
_ o C4415? c br,Ve
to 4- GtJV- ,3r,-- 42.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 2 of 23
OPERATIONAL CONTACTS
District's Operational Contact Persons:
Designated person is: A��, &kwj+- telephone number: 1917-.335
Mobile phone number(24-hour)where he or she can be reached: J117-253-tell S
Email address:k&e.A. seWotoc%1't"]rJ+-rw.A. Cow�,
Alternate person is afk EXVt telephone number:gl`7�
Mobile phone number(24-hour)where he or she can be reached: 1'1-9q9-4$32
Email address: OMdr/c . cr ias+&trWd.c�ov^
VOUCHER UTILIZATION
District:
V DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile event.
If a voucher system will be used only residents with an official voucher provided by District will be allowed to
drop wastes off at the ECC or at mobile events in District. A copy of the official voucher must be attached to
this agreement.
INVOICE DELIVERY
Invoices to District shall be delivered to:
Name
c
ILI
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Department(if applicable)
'5DD E• /016��dte., rive
Street Address or PO Box
F--r+-
City,State,ZIP
,!�M- - 4"—!M5 A&oil wd .pow%
email address for billing questions and correspondence
District shall notify Fort Worth in writing if the above contact information changes during the term of this
Agreement.
FY 2018 Interlocal Agreement-Household Hazardous Waste Program Page 3 of 23
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation
agreements between and among local government entities; 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 District 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;and
WHEREAS, Fort Worth and District 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;
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 4 of 23
(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 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 District utilizing a
mobile collection unit.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 5 of 23
Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic collection of
household hazardous waste by District, 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.
Participating Entities,when used in the plural, means Fort Worth, District, 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 District whereby, subject to the terms and conditions specified below, Fort Worth will administer and
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 6 of 23
supervise a regional household hazardous waste collection program, which will be available to households
within DISTRICT 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
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 District 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 the District. 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 District, provide District with copies of waste manifests for
shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by District, provide District a monthly report of the District'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
District'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.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 7 of 23
H. Mobile Collection Events
DISTRICT 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 District'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 District would like to schedule a mobile collection event with the Fort Worth Mobile
Collection Unit, District shall contact the ECC as soon as possible for a list of available dates.
The time and location shall be agreeable to both parties. District may schedule one mobile
collection event each contract year. Fort Worth will file notification of the event with TCEQ
as required by 30 TAC§335.403.
(a) Scheduling Events
Fort Worth will 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 TCEQ events must be scheduled at least sixty (60) days ahead of the
proposed date. District acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be accommodating each District's request on
a first come first served basis. Therefore, District acknowledges that its chosen date
to schedule a mobile collection event may be reserved by another city and District
will have to then choose another date. District 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 city is entitled under this
contract. Additional events may be accommodated if feasible.
(b) Location
If District chooses to hold the Mobile Collection Event on private property, District
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 District 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, District 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, District 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, District acknowledges and agrees that if
it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a
District's MCU shall not also be at the event.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 8 of 23
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth
Mobile Collection Unit to District'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 District and shall attempt to send a Fort
Worth employee to the District'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 Participating City 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 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. District Mobile Collection Unit:
(a) Fort Worth agrees to accept household hazardous waste from mobile collection
events conducted by District using District's MCU in accordance with the terms of
this Agreement.
(b) Fort Worth agrees to restock the items it removes from District'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. District may request the loan of Fort
Worth's Reserve MCU free of charge for use in a Household Hazardous Waste collection
event when available. District may use the Reserve MCU to transport HHW to Fort Worth's
ECC or another collection center that may lawfully receive HHW. District 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 District and shall notify District as soon as is reasonably
practicable of such decision. Fort Worth shall not participate in nor be responsible for any
part of the District'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. District shall be responsible for all certifications and insurance necessary
for the proper operation of the Reserve MCU.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 9 of 23
(b) District agrees to maintain and return the Reserve MCU in as good condition as it
was in when District took possession for use. District shall return the Reserve MCU
to Fort Worth in a timely manner and as mutually agreed upon.
(c) District shall be responsible for all property damage, personal injury or death caused
by District'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.
5.
DUTIES OF DISTRICT
District agrees to perform the following duties in connection with the household hazardous waste collection
program:
A. District will designate one of its employees, and another as an alternate, to act as its household
hazardous waste collection Operational Contact to interact with Fort Worth as designated on the
signature page to this contract.
B. District 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. District 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. District may choose to utilize a voucher system for its residents in order for them to bring HHW to
the ECC. If District 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 District that utilizes a voucher system comes to the
ECC or a mobile collection event without a voucher, District acknowledges and agrees that Fort
Worth will not accept the household hazardous waste until District authorizes the acceptance in
writing.
E. District may submit a written request for a monthly report listing the number of its city's households
that have disposed of household hazardous waste at the ECC or a mobile collection event.
F. District shall provide traffic control and signage for the 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.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 10 of 23
G. If a District resident presents waste that was collected from multiple households, Fort Worth
reserves the right to charge the District based on the total number of households from which the
waste originated even if the resident has only one voucher.
H. District 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 District's MCU or Reserve MCU
1. District is responsible for proper notification to TCEQ as required by 30 TAC§335.403.
2. District shall advise the ECC at least 72 hours in advance of its mobile collection events.
District shall collect only HHW during a mobile collection event. Wastes from commercial,
agricultural, and industrial sources shall not be accepted. District 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, District'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, District'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 District'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.
DISTRICT shall not transport waste that is not HHW to the ECC. DISTRICT 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, District'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. District shall require that a minimum of
one copy of the latest North American Emergency Response Guidebook be kept within the
cab of the truck.
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7. During transportation, District'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, District'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 District 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 District's MCU and store the unit at the ECC.After
being contacted, District shall pickup their unit within 10 days.
9. If Fort Worth, in its sole discretion, determines that District's MCU operators improperly
packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and
District shall reimburse Fort Worth as set forth herein.
10. If a spill emanating from the District's MCU or the Reserve MCU occurs at the ECC while the
MCU is still in District's possession, Fort Worth shall take control of the spill response and
District will reimburse Fort Worth for its response costs as set forth herein.
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 DISTRICT 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, District and residents and businesses of District 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.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 12 of 23
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 District, 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. DISTRICT
SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS.
D. District shall contact the ECC manager to arrange a pickup time to obtain materials. DISTRICT agrees
that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth
under this paragraph.
E. INDEMNIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY DISTRICT, DISTRICT 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 DISTRICT OF ANY MATERIALS ACCEPTED BY DISTRICT UNDER THIS
AGREEMENT FROM FORT WORTH.
2. IF THE DISTRICT DOES NOT AGREE TO THE INDEMNIFICATION AND WAIVER IN PARAGRAPH E
ABOVE, THEN THE DISTRICT 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.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 13 of 23
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.
G. District 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.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 14 of 23
8.
RIGHT TO REFUSE WASTE
District agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from District or
District'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
District;
D. District 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 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
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 15 of 23
C. Notifying Residents
District agrees to notify its residents of the ECC's hours of operation and dates it will be closed.
DISTRICT also may advertise the 24-hour Environmental Collection Center telephone number: 817-
392-1234.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. District 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
District resident presents waste that was collected from multiple households, Fort Worth reserves
the right to charge the District based on the total number of households from which the waste
originated.
B. If Fort Worth determines that District's MCU operators improperly packaged any of the HHW
delivered to the ECC, Fort Worth shall repackage such waste, and District 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 District's MCU or the Reserve MCU occurs at the ECC while the MCU is
still in District's possession, Fort Worth shall take control of the spill response and District 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 District quarterly. District 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 District in
writing that it will not accept any household hazardous waste from DISTRICT'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 District,
which will include the total number of District's households which participated in the program,
repackaging fees, if any, and the total cost of spill response charged to DISTRICT, 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 District in the
present fiscal year.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 16 of 23
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 District 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 District's disposal and recycling of household hazardous waste programs. If District
wishes to use to Licensed Art and/or Promotional Materials in other limited situations, District must
first obtain express written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to District pursuant to the
terms of this Agreement. District acknowledges that by virtue of this License, District 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 District wants to modify or
change the artwork and/or promotional materials in any manner, District 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. DISTRICT 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.
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 17 of 23
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 District
and Fort Worth.
16.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect
any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provisions had never been contained herein.
17.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this
Agreement,venue for said action shall be in Tarrant County,Texas.
18.
AUTHORITY
This Agreement is made for Fort Worth and District 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.
FY 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 rtorrAiJ 4f;0fJ4bISTRICT
By: By:
(17JIFernando Costa Printe name: i e
Assistant City Mana er Title:CdA" /Vlwmftr
Date: /7 Date: 10-3-17
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY: AND LEGALITY:
Christy Reynolds General Counsel
Sr.Assistant City Attorney
ATTEST.. .� ATTEST:
aryl. ser, Witness
City Secre ary �XAS
Contract Authorization No. 1295:
fellaf
FFICIAL RECORD
ITY SECRETARY
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Pa 23
WOR' 9 TX
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contraW
AResuing all performance and reporting requirements.
Environmental Supervisor—Environmental Collection Center
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
FY 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 the Upper Trinity Regional Water District(DISTRICT)to allow a mobile collection event on
my property to collect household hazardous waste on the -, 20 1 hereby give my
permission to District and the City of Fort Worth, to hold a household hazardous waste collection event on
my property in which District has asked the City of Fort Worth to send its mobile collection unit to collect the
household hazardous waste that is brought to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its
officers, agents, and employees and the Upper Trinity Regional Water District 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 DISTRICT 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 DISTRICT 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
FY 2018 Interlocal Agreement—Household Hazardous Waste Program Page 22 of 23
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P.O. Box 4508 Board Members
Fort Worth,Texas 76164 Victor W. Henderson
800 E. Northside Drive Jack R. Stevens
Mary Kelleher
Fort Worth,Texas 76102 Marty V. Leonard
Main: 817-335-2491
Jim Lane
Tarrant Regional Water District trwd Fax:817-877-5137
November 10,2017
To whom it may concern:
Please accept this letter as an official voucher for a one time visit to the Fort Worth Environmental
Chemical Collection Center located at 6400 Bridge Street.
Joe Citizen, a resident of 1234 Lake Vista, Burleson, TX 76028 has obtained permission from the
Tarrant Regional Water District to drop off household hazardous waste materials at the Fort Worth
facility. TRWD will cover the costs.
Respectfully,
Kari Schmidt
Community Relations Manager
Tarrant Regional Water District
800 E.Northside Drive
Fort Worth, TX 76102
Ph: 817-335-2491
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoR" T` WORTH
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: NON- 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
FROM
Funci Department Account Project Program Activity Budget Reference# Amount
ID I ID Year (Chartfield 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)
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 I ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 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)