HomeMy WebLinkAboutContract 39330INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City %J Fort Worth, Texas, a home -rule
municipal corporation situated in Tarrant, Parker, Denton and Wise Counties, Texas, hereinafter
called "Fort Worth," acting herein by and through Fernando Costa, its duly authorized Assistant
City Manager, and Upper Trinity Regional Water District, a conservation and reclamation district
created pursuant to Article XVI Section 5.9 of the Constitution of State of Texas situated in
Denton County, Texas, hereinafter referred to as "Participating Entity," acting herein by and
through,�i/i,✓ /%%,e�'t� its duly authorizediz,v
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal
cooperation agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract
with another to perform governmental functions and services, and §791.003(3)(H) defines waste
disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree
with another local government to purchase services; and
WHEREAS, Fort Worth and Participating Entity 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 Participating Entity 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 Ladina lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Environmental
Management Department 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 unmatured, 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 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.
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Force maieure means decrees of or restraints by a governmental instrumentality, acts of
God, work stoppages due to labor disputes or strikes, failure of Fort Worth 's
contractors) to perform pursuant to their agreements with Fort Worth for the conduct of
the collection of household hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by
a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest forms) required by law that must
accompany shipments of municipal hazardous waste or Class 1 industrial solid waste.
Mobile collection event means a household hazardous waste collection event by
Participating Entity utilizing a mobile collection unit.
Fort Worth Mobile collection unit (MCU) means anon -self-propelled vehicle used for the
periodic collection of household hazardous waste by Participating Entity, off -site of the
ECC, which is transported to the ECC to dispose of the household hazardous waste
collected at the mobile collection event. The Fort Worth Mobile Collection Unit is
designed to hold the hazardous waste of approximately 50 to 75 households.
Participating Entity means the Upper Trinity Regional Water District.
Participating Entities, when used in the plural, means Fort Worth, Participating Entity,
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.
CPR -cardiopulmonary resuscitation.
DOT -United States Department of Transportation.
ECC -Environmental Collection Center.
EPA -United States Environmental Protection Agency.
HAZCAT -hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response.
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 Participating Entity 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 Participating Entity.
3.
TERM
This Agreement shall be effective from the date the last party has signed this Agreement
through September 30, 2010.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating Entity in connection with
the ECC household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program.
This program will include the operation of the Environmental Collection Center, which
will accept for disposal and/or recycling household hazardous waste from households
located within Participating Entity. Fort Worth shall not accept compressed flammable
gas containers; radioactive materials; explosives or potentially shock sensitive materials;
biological, etiologic, or infectious materials; wastes from businesses; or any other wastes
that Fort Worth has determined are unacceptable.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform
Fort Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, which is collected at the ECC.
D. Fort Worth will, if requested in writing by Participating Entity, provide Participating Entity
with copies of waste manifests for shipments of waste from the ECC.
E�
E. Fort Worth will, if requested in writing by Participating Entity, provide Participating Entity
a monthly report of the Participating Entity'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 a bill at the end of each quarter detailing the number of
Participating Entity's households that disposed of household hazardous waste at the
Environmental Collection Center or at a mobile collection event.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Mobile Collection Events
Participating Entity 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 Participating Entity'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 Participating Entity would like to schedule a mobile collection event with the
Fort Worth Mobile Collection Unit, Participating Entity shall contact the ECC as
soon as possible for a list of available dates. The time and location shall be
agreeable to both parties. Participating Entity 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 the 2010
calendar year on January 2, 2010. If this Agreement is not renewed prior
to events scheduled for October — December 2010 Fort Worth will not
send its MCU or personnel to the event. To ensure proper notification to
TCEQ, events must be scheduled at least sixty (60) days ahead of the
proposed date. Participating Entity acknowledges that Fort Worth
contracts with other municipalities and that Fort Worth will be
accommodating each Participating Entity's request on a first come first
served basis. Therefore, Participating Entity acknowledges that its chosen
date to schedule a mobile collection event may be reserved by another
city and Participating Entity will have to then choose another date.
Participating Entity will, in no event, be entitled to any damages or
recovery of any costs, except as provided herein.
(b) Location
If Participating Entity chooses to hold the Mobile Collection Event on
private property, Participating Entity 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
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sixty (60) days before the Mobile Collection Event, Fort Worth will not
send the Fort Worth Mobile Collection Unit to the event and Participating
Entity 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, Participating Entity 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, Participating Entity 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, Participating Entity
acknowledges and agrees that if it requests the Fort Worth Mobile
Collection Unit at a mobile collection event, a Participating Entity'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 Participating Entity's Collection Event
during adverse weather or the threat of adverse weather 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 notify persons listed in Section 5, Paragraph A and shall send a Fort
Worth employee to the Participating Entity'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.
Participating Entity Mobile Collection Unit:
(a) Fort Worth agrees to accept household hazardous waste from mobile
collection events conducted by Participating Entity using Participating
Entity's MCU in accordance with Section 5, of this Agreement.
(b) Fort Worth agrees to restock the items it removes from Participating
Entity's MCU, however, Fort Worth shall only restock items listed in
Exhibit "A", attached and incorporated herein as if set forth.
3 Loan of the Reserve Mobile Collection Unit
The reserve MCU is a specially designed and equipped thirty-six (36) foot
gooseneck box -trailer and one (1) ton pickup owned by Fort Worth. Participating
Entity may request the loan of Fort Worth's Reserve MCU free of charge for use
in a Household Hazardous Waste collection event when available. Participating
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Entity may use the Reserve MCU to transport HHW to Fort Worm s ECC or
another collection center that may lawfully receive HHW. Participating Entity shall
provide Fort Worth with a written request, facsimile or e-mail at least sixty (60)
days prior to the event date for which the request is made. Fort Worth shall have
sole determination whether the Reserve MCU is available for use by Participating
Entity and shall notify Participating Entity as soon as is reasonably practicable of
such decision. Fort Worth shall not participate in nor be responsible for any part
of the Participating Entity's HHW Collection Event unless and except by written
mutual agreement.
(a) The Reserve MCU shall be in good working condition and Fort Worth
shall disclose any known problems the Reserve MCU may have in
performing the tasks necessary for the HHW Collection Event. Prior to
issuance of the Reserve MCU, a pre -trip inspection for potential
maintenance problems will be preformed by Fort Worth. Also, both parties
will complete a pre -trip aesthetic assessment. Participating Entity shall be
responsible for all certifications and insurance necessary for the proper
operation of the Reserve MCU.
(b) Participating Entity agrees to maintain and return the Reserve MCU in as
good condition as it was in when Participating Entity took possession for
use. Participating Entity shall return the Reserve MCU to Fort Worth in a
timely manner and as mutually agreed upon.
(c) Participating Entity shall be responsible for all work -related property
damage, personal injury or death caused by Participating Entity's
employees or volunteers 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 PARTICIPATING ENTITY
Participating Entity agrees to perform the following duties in connection with the household
hazardous waste collection program:
A. Participating Entity will designate one of its employees, and another as an alternate, to
act as its household haz//aJ�rdous waste collection coordinator to interact with Fort Worth.
Designated person is: H,yvJu,VCA-W telephone number: 97�Lc2l' - /a�1
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Pager number or 24-hour number where he or she can be reached:.�D-'`f`37- /�vP
Alternate person is � y Z!2%0�i0 telephone number:''/'Z7-c?7 1q lcam'
Pager number or 24-hour number where he or she can be reached:..=i/xL/-
B. Participating Entity will coordinate and fund all program advertising targeted to its own
citizens, as it deems necessary. Such advertising shall include the type of wastes that
will be accepted at the ECC, the requirement of proof of residency and weather
cancellation information.
C. Participating Entity shall notify its residents of the ECC hours of operation and dates it is
closed as provided in Section 9 "The Environmental Collection Center Hours of
Operation."
D. Participating Entity may choose to utilize a voucher system for its residents in order for
them to bring HHW to the ECC. Participating Entity shall complete and sign the
Voucher Utilization form attached herein as Exhibit "C" and include a copy of the
official voucher if a voucher will be used. In addition, if a citizen from a Participating
Entity that utilizes a voucher system comes to the ECC or a mobile collection event
without a voucher, Participating Entity acknowledges and agrees thaf Fort Worth will not
accept the household hazardous waste until Participating Entity authorizes the
acceptance in writing.
E. Participating Entity 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. Participating Entity shall provide traffic control and signage for the mobile collection
event, Cl" shall provide personnel to assist Fort Worth with the survey and screening of
persons dropping off household hazardous waste. The parties prior to the event shall
agree upon the details of the traffic control, signage, and personnel assistance.
G. Participating Entity's Mobile Collection Units Collecting Household Hazardous Waste
1. Participating Entity shall advise the ECC program manager at least 72 hours in
advance of its mobile collection events. Participating Entity shall collect only
HHW during a mobile collection event. Wastes from commercial, agricultural, and
industrial sources shall not be accepted. Participating Entity shall not accept
compressed flammable gas containers; radioactive materials; explosives or
potentially shock sensitive materials; biological, etiologic, and infectious
materials; and any other wastes that Fort Worth has determined are
unacceptable.
2. In accordance with the latest DOT requirements, Participating Entity'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.
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3. After accepting wastes, Participating Entity'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.
4. The Participating Entity's MCU operators shall package all hazardous materials
in accordance with United States Department of Transportation (DOT)
requirements, United States Environmental Protection Agency (EPA)
requirements, and all other applicable federal and state requirements. After all
the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the container content sheets,
and pack them into drums. Oil -based paints and latex paints shall be bulked
separately in 55-gallon drums, or if the paint is left in its container, the paint can
be packed in a lined cubic yard box, and packed and labeled according to federal
and state regulations. Participating Entity shall not transport waste that is not
HHW to the ECC. Participating Entity agrees to make its own arrangements to
dispose of any non-HHW waste collected at the event.
5. Prior to transporting the HHW from the collection event site, Participating Entity's
MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading
in the cab of the truck hauling the MCU during transportation of the HHW to the
ECC. Participating Entity shall require that a minimum of one copy of the latest
North American Emergency Response Guidebook be kept within the cab of the
truck.
6. During transportation, Participating Entity's MCU operators shall placard the
MCU for transportation of hazardous waste in accordance with federal and state
law.
7. Upon the return of the MCU to the ECC, Participating Entity's MCU operators
shall follow the instructions of Fort Worth regarding the placement of the MCU for
unloading. Fort Worth shall take possession of the MCU from Participating Entity
after the MCU has been properly parked for unloading in accordance with Fort
Worth's instructions and all required documents have been delivered to the ECC
program manager or his designee at the ECC. Fort Worth shall, within a
reasonable amount of time, unload the HHW from the non -Fort Worth MCU and
store the HHW at the ECC.
8. If Fort Worth, in its sole discretion, determines that Participating Entity's MCU
operators improperly packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating Entity shall reimburse Fort Worth
as set forth in Section 10., Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participating Entity's
possession, Fort Worth shall take control of the spill response and Participating
Entity will reimburse Fort Worth for its response costs as set forth in Section 10.,
Paragraph C.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contracts) with a waste disposal/recycling firms) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, which is collected at the ECC.
B. Such firms) shall be required pursuant to the contracts) 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 FIRMS) WILL BE REQUIRED
TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
PARTICIPATING ENTITY 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, Participating Entity and residents and businesses of Participating
Entity for their use, collected household hazardous waste materials that are suitable for
reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for
any materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by
Fort Worth prior to being made available. Used antifreeze will have been consolidated in
a barrel, filtered, and pH balanced, and new antifreeze may have been added to the
barrel.
C. In regards to materials accepted by Participating Entity, FORT WORTH MAKES NO
REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT:
1. the container contents are what the label indicates;
20 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.
D. Participating Entity shall contact the ECC program manager to arrange a pickup time to
obtain materials. Participating Entity agrees that it shall not return to Fort Worth, directly
or indirectly, any materials it obtains from Fort Worth under this paragraph.
E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING ENTITY,
PARTICIPATING ENTITY 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
PARTICIPATING ENTITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING
ENTITY UNDER THIS AGREEMENT FROM FORT WORTH.
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;
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6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
G. Participating Entity shall attempt to inform its residents and businesses that if they go to
the Environmental Collection Center to pick up household hazardous waste for reuse, a
release of liability must be signed to accept the household hazardous waste for reuse.
8.
RIGHT TO REFUSE WASTE
Participating Entity agrees that Fort Worth shall have the right to refuse to accept waste at the
ECC from Participating Entity's resident, if in the reasonable judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that
have been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a
resident of Participating Entity;
D. Participating Entity 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 ECUs 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:
Thanksgiving Holiday, Thursday, Friday, and Saturday, November 26-28, 2009
Christmas Holiday, Friday, and Saturday, December 25-26, 2009
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New Year's Day, Friday, January 1, 2010
Martin Luther King Day, Monday, January 18, 2010
Memorial Day, Monday, May 31, 2010
Independence Day, Monday, July 5, 2010
Labor Day, Monday, September 6, 2010
Participating Entity understands and agrees that Fort Worth is anticipating that there
may be employee furlough days during the term of this contract and that the ECC will be
closed and Fort Worth employees will not be available to conduct mobile collection
events on those furlough days. If additional furlough days or additional closures are
necessary Fort Worth will notify Participating Entity prior to the closure unless due to an
unforeseeable event.
It is anticipated that the ECC will be closed on the following days as a result of the Fort
Worth's tentative decision to furlough staff:
Columbus Day, Monday, October 12, 2009
Wednesday, November 25, 2009
Christmas Eve, Thursday, December 24, 2009
Good Friday, Friday, April 2, 2010
Saturday, May 29, 2010
Friday before Independence Day, July 2, 2010
Friday before Labor Day, September 3, 2010
Fort Worth will notify Participating Entity if this schedule changes.
C. Notifying Residents
Participating Entity agrees to notify its residents of the ECUs hours of operation and dates it will
be closed. Participating Entity may advertise the 24-hour Environmental Collection Center
telephone number to give its residents the Environmental Collection Center's hours. The
number is: (817) 392-6268.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. Participating Entity agrees to pay Fort Worth the sum of $47.00 per household per visit
to the ECC or per household for participation in a Mobile Collection Event to dispose of
household hazardous waste.
B. If Fort Worth determines that Participating Entity's MCU operators improperly packaged
any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and
Participating Entity shall reimburse Fort Worth for it staff time at $20.00 an hour and the
cost of supplies.
C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participating Entity's
possession, Fort Worth shall take control of the spill response and Participating Entity
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will reimburse Fort Worth for its response costs of $60.00 per hour staff time and the
cost of supplies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A,
B, and C, shall be billed to Participating Entity quarterly. Participating Entity shall pay
Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not
receive payment within 30 days, Fort Worth shall inform Participating Entity in writing
that it will not accept any household hazardous waste from Participating Entity's
residents and that Fort Worth will not participate in a mobile collection event or provide a
mobile collection unit until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating Entity, which will include the total number of Participating Entity's
households which participated in the program, repackaging fees, if any, and the total
cost of spill response charged to Participating Entity, if any.
F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to
Fort Worth under Subparagraph D. above shall be paid from revenues currently
available to Participating Entity 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," "Pestle,
"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 Participating Entity anon -transferable, non-exclusive license
to use all the artwork and promotional materials that may be provided by Fort Worth to
be used solely in the conduct of the business of Participating Entity's disposal and
recycling of household hazardous waste programs. If Participating Entity wishes to use
to Licensed Art and/or Promotional Materials in other limited situations, Participating
Entity must first obtain express written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating
Entity pursuant to the terms of this Agreement. Participating Entity acknowledges that by
virtue of this License, Participating Entity acquires only the right to use the original and
permitted duplicate copies of the Licensed Artwork and Promotional Materials and does
not acquire any rights of ownership in the Licensed Artwork and Promotional Materials,
which rights shall remain exclusively with Fort Worth. If Participating Entity wants to
modify or change the artwork and/or promotional materials in any manner, Participating
Entity hereby agrees to contact Fort Worth in writing to obtain written consent before
modifying or changing any artwork and/or promotional materials.
C. If Participating Entity desires an actor to portray "Captain Crud" for an event,
Participating Entity shall use actors approved by Fort Worth to portray "Captain Crud"
i[!
since "Captain Crud" is owned by Fort Worth. Participating Entity shall be solely
responsible for compensating actor for the services provided to Participating Entity.
Participating Entity will contact Fort Worth as soon as possible with the date and time of
the event agreeable to both parties to obtain approval for the chosen actor and to
request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the
"Captain Crud" costume. However, Participating Entity agrees to be liable to Fort Worth
for any damage to the costume or if Participating Entity fails to return the entire costume
to Fort Worth or if the costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the
Participating 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.
Participating Entity 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" (Paragraph 6)
"REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT'
(Paragraph 11).
THIS SPACE INTENTIONALLY LEFT BLANK
15
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Brian K. Boerner, CPM, CHMM, Director
Environmental Management Department
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating Entity:
16.
ENTIRETY
5 je, G j
This Agreement contains all commitments and Agreements of the parties hereto, and no other
oral or written commitments shall have any force or effect if not contained herein, except that
this Agreement can be amended or modified by the parties if such amendment or modification is
in writing and signed by Participating Entity and Fort Worth.
17.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
18.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of
this Agreement, venue for said action shall be in Tarrant County, Texas.
16
19.
AUTHORITY
This Agreement is made for Fort Worth and Participating Entity as an Interlocal Agreement,
pursuant to Texas Government Code, Chapter 791,
20a
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.
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH
Fernando Costa
Assistant City Ma ager
Date: /D�t�Y
APPROVED AS TO FORM
AND LEGALITY:
i
Assistant City Attorney
ATTEST:
City Secretary
Lee 0A
Contract authorization
Date
Upper Trinity Regional Water District
By:
APPROVED AS TO FORM
AND LEGALITY:
General Counsel '
JL t i BUY ��
ATTEST:
Secretary,
17
1
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material
Amount Restocked
Special Needs
Remarks
55 gallon open top
Amount
taken
off
the
drums (open top for
trailer
loose packs)
55 gallon drums
Amount
taken
off
the
(closed top) (oil,
trailer
antifreeze, bulk
flammable materials
and one extra
Fiber drums (55 or 30
gallon) Aerosols,
Amount
taken
off
the
acids, bases and
trailer
oxidizers)
Gaylord box liners
(plastic)
Amount
taken
off
the
trailer
55 gallon drum liners
Amount
taken
off
the
trailer
5 gallon buckets
(filters/haz chemicals)
Amount
taken
off
the
trailer
Survey Forms
Amount
taken
off
the
trailer
Labels/drum placard
Amount
taken
off
the
trailer
Gaylord boxes
Amount
taken
off
the
trailer
Absorbent pads
Amount
taken
off
the
trailer
Vermiculite
Amount
taken
off
the
trailer
Oil dry
Amount
taken
off
the
trailer
Promotional Materials
& Brochures
Amount
needed
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 to allow a mobile collection event
on my property to collect household hazardous waste on the , 20 . 1
hereby give my permission to the Upper Trinity Regional Water District and the City of Fort
Worth to hold a household hazardous waste collection event on my property in which the Upper
Trinity Regional Water 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 the Upper Trinity Regional Water 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 the Upper Trinity Regional Water District to hold a household hazardous waste
collection event, in which the City of Fort Worth sends its mobile collection unit on my property.
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
Witness
Date
19
Exhibit "C"
VOUCHER UTILIZATION
Select and sign one of the following statements.
The Upper Trinity Regional Water District (Participating Entity) wishes to use a voucher system
for its residents visiting the ECC or a mobile event. Only residents with an official voucher
provided by Participating Entity will be allowed to drop wastes off at the ECC or at mobile events
in Participating Entity.
A copy of the official voucher must be attached.
Date
The Upper Trinity Regional Water District (Participating Entity) does not wish to use a voucher
system. All residents of Participating Entity showing appropriate proof of residency will be
allowed to drop wastes off at the ECC or at mobile events in Participating Entity.
Printed name
Signature
Date
City of Fort Worth, Texas
Mayor and councii (;,A
I -I
COUNCIL ACTION: FFXUVeUIR 9/1/2009
unication
DATE: Tuesday, September O1, 2009 REFERENCE NO.: **C-23752
LOG NAME: 52ECC FY10 PARTICIPATING CITIES
SUBJECT:
Authorize Interlocal Agreements with Various Municipalities and Other Governmental Entities for
Participation in the Environmental Collection Center Household Hazardous Waste Program
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to
execute interlocal agreements with various municipalities and other
governmental entities for their participation in the Environmental
Collection Center Household Hazardous Waste Program,
DISCUSSION:
The City's Environmental Collection Center is now in its twelfth year of
operation collecting household hazardous waste from the residents of
Fort Worth and surrounding communities on a year round basis. In order
for non —Fort Worth residents to participate at the center, each entity is
required to enter into an interlocal agreement with the City of Fort
Worth.
The rate per household for the period covered by these agreements
(October 1, 2009, through September 30, 2010) is $47.00 per household.
It is anticipated that approximately $598,795.00 will be collected under
these agreements. During Fiscal Year 2008-2009, 45 entities signed
participation agreements with the City of Fort Worth. For the upcoming
year, it is expected that all of these entities will participate and others
have already expressed interest.
This agreement outlines the responsibilities of each party, establishes the
rate for participation, details procedures for loan of mobile collection
unit, and delineates the usage of service marked public education
materials. The City of Fort Worth is responsible for overall operation of
the center including contracting with a hazardous waste disposal
company for transportation and disposal of materials collected. The
following entities have expressed an interest (*) or are expected to
execute an agreement to participate for the period October 1, 2009,
through September 30, 2010:
Alvarado Arlington Azle
Bedford Benbrook Bridgeport
Burleson Cedar Hill Cleburne
Colleyville Crowley Edgecliff Village
Euless
Haltom City
Kennedale
Midlothian
Grand Prairie Grapevine
Hurst Keller
Lakeside Mansfield
North Richland Hills Oakleaf
Pantego Parker County
River Oaks Roanoke
Sherman Southlake
Tarrant Regional Water Town of Trophy
District Club
Upper Trinity Regional Water Venus
District
Waxahachie Weatherford
Westover Hills Westworth Village
Hood County* Lancaster*
Richland Hills
Saginaw
Stephenville
Unincorporated
Ta Tant County
Watauga
Westlake
White Settlement
Somervell
County*
FISCAL INFORMATION:
The Financial Management Services Director certifies that the
Environmental Management Department is responsible for collection
and deposit of the funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 488220 0521100 $598,795.00
CERTIFICATIONS:
Submitted for Citv Manager's Office b Fernando Costa (6122)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
ATTACHMENTS
1. FAC Validitv.doc