HomeMy WebLinkAboutContract 41281SECREIARY
CONTRACT i0. laaLasi
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
OF� "YCIAL RECORD
CITY SECRETARY
FT.WORTh,TX
10 P 0 4: 0 7 I l�l
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, Parker Denton, and Wise Counties, Texas,
hereinafter called ' Fort Worth,' acting herein by and through Fernando Costa, its duly
authorized Assistant City Manager, and Tarrant Regional Water District, a conservation and
reclamation District created pursuant to Article XVI Section 5.9 of the Constitution of State of
Texas and situated in Tarrant County, Texas, hereinafter called ' TRWD" or ' District" acting
herein by and through Jim Oliver its duly authorized
General Manager (Name)
(Title)
DELIVERY OF NOTICES
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Michael A. Gange, Assistant Director
TPW-Environmental Services Division
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to TRWD:
Kari Schmidt, Community Relations
Tarrant Regional Water District
800 E Northside Drive
Fort Worth, TX 76102
OPERATIONAL CONTACTS
TRWD's Operational Contact Persons:
Designated person is: Kari Schmidt telephone number: 817-335-2491
Mobile phone number (24-hour) where he or she can be reached: 817-253-6218
Alternate person is Mark Ernst telephone number: 817-335-2491
Mobile phone number (24-hour) where he or she can be reached 817-999-9832
Interlocal Agreement — Household Hazardous Waste Program Page 2 of 21
VOUCHER UTILIZATION
The TRWD:
DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
1 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 TRWD will
be allowed to drop wastes off at the ECC or at mobile events in TRWD. A copy of the official
voucher must be attached to this agreement
INVOICE DELIVERY
Invoices to TRWD shall be delivered to:
Kari Schmidt
Name
Community & Government Relations
Department (if applicable)
800 E Northside Drive
Street Address or PO Box
Fort Worth, TX 76102
City, State, ZIP
kari.schmidt@trwd.com
email address for billing questions and correspondence
TRWD shall notify Fort Worth in writing if the above contact information changes during the term
of this Agreement.
The remainder of this page is intentionally left blank
Interlocal Agreement — Household Hazardous Waste Program Page 3 of 21
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 TRWD 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 TRWD 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 TPW-
Environmental Services 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:
Interlocal Agreement — Household Hazardous Waste Program Page 4 of 21
(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.
Force majeure 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.
Interlocal Agreement - Household Hazardous Waste Program Page 5 of 21
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 TRWD
utilizing a mobile collection unit.
Mobile Collection Unit (MCU) means a non -self-propelled vehicle used for the periodic
collection of household hazardous waste by TRWD, 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, TRWD, 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.
Interlocal Agreement — Household Hazardous Waste Program Page 6 of 21
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by
Fort Worth to TRWD 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 local residents and TRWD through use of mobile collection events as
described herein.
3.
TERM
This Agreement shall be effective from October 1, 2010 or the date the last party has signed this
Agreement, whichever is later, through September 30, 2011 however the duties and
responsibilities of the Parties for events which occurred during the term of the contract shall
survive. If TRWD has mobile collection events scheduled during the months of October through
December 2011 and this Agreement has not been renewed by the end of the regular term, this
agreement shall be extended on a month to month basis until the mobile collection events have
been completed or cancelled by TRWD.
4
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for TRWD 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 collected through
mobile collection events scheduled by TRWD. 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.
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 TRWD, provide TRWD with copies of waste
manifests for shipments of waste from the ECC.
E Fort Worth will, if requested in wnting by TRWD, provide TRWD a monthly report of the
of household hazardous waste from TRWD mobile collection events delivered to the
Environmental Collection Center for disposal.
Interlocal Agreement — Household Hazardous Waste Program Page 7 of 21
F Fort Worth will issue a report and an invoice at the end of each quarter detailing the
n umber of TRWD's households that disposed of household hazardous waste through
mobile collection events.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
Mobile Collection Events
TRWD may schedule a mobile collection event to be operated by Fort Worth personnel
u sing one of Fort Worth's MCUs or conduct their own mobile collection events using
e ither TRWD'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 TRWD would like to schedule a mobile collection event with the Fort Worth
Mobile Collection Unit, TRWD shall contact the ECC as soon as possible for a list
of available dates. The time and location shall be agreeable to both parties
TRWD 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 2011
calendar year on January 4, 2011. To ensure proper notification to TCEQ,
events must be scheduled at least sixty (60) days ahead of the proposed
date. TRWD acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be accommodating each TRWD's
request on a first come first served basis. Therefore, TRWD
acknowledges that its chosen date to schedule a mobile collection event
may be reserved by another city and TRWD will have to then choose
another date TRWD will in no event, be entitled to any damages or
recovery of any costs, except as provided herein.
(b) Location
If TRWD chooses to hold the Mobile Collection Event on private property,
TRWD 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 TRWD 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 TRWD acknowledges and agrees that
Fort Worth shall accept household hazardous waste from the first 50
households at the Mobile Collection Event. After the first 50 households,
Fort Worth will determine in its sole discretion how much more waste it
Interlocal Agreement — Household Hazardous Waste Program Page 8 of 21
can accept for proper transport back to the ECC. If more households
arrive at the event than Fort Worth can accept, TRWD 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, TRWD acknowledges and
agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile
collection event, TRWD'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 TRWD'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 TRWD and shall attempt to send a Fort Worth employee
to the TRWD'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.
2. TRWD Mobile Collection Unit:
(a) Fort Worth agrees to accept household hazardous waste from mobile
collection events conducted by TRWD using TRWD's MCU in accordance
with the terms of this Agreement.
(b) Fort Worth agrees to restock the items it removes from TRWD'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 spec ally designed and equipped thirty-six (36) foot
gooseneck box -trailer and one (1) ton pickup owned by Fort Worth. TRWD may
request the loan of Fort Worth s Reserve MCU free of charge for use in a
Household Hazardous Waste collection event when available. TRWD may use
the Reserve MCU to transport HHW to Fort Worth's ECC or another collection
center that may lawfully receive HHW. TRWD 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 TRWD and shall notify TRWD as soon
as is reasonably practicable of such decision. Fort Worth shall not participate in
nor be responsible for any part of the TRWD's HHW Collection Event unless and
except by written mutual agreement.
(a) Fort Worth shall disclose any known problems the Reserve MCU may
have in performing the tasks necessary for the HHW Collection Event.
Prior to issuance of the Reserve MCU, a pre -trip inspection for potential
maintenance problems will be preformed by Fort Worth. Also, both parties
will complete a pre -trip aesthetic assessment. TRWD shall be responsible
Interlocal Agreement — Household Hazardous Waste Program Page 9 of 21
for all certifications and insurance necessary for the proper operation of
the Reserve MCU.
(b) TRWD agrees to maintain and return the Reserve MCU in as good
condition as it was in when TRWD took possession for use. TRWD shall
return the Reserve MCU to Fort Worth in a timely manner and as mutually
agreed upon.
(c) To the extent permitted by and as limited by applicable law, including the
limits of liability in the Texas Tort Claims Act, TRWD shall be responsible
for all property damage, personal injury or death caused by TRWD'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 TRWD
TRWD agrees to perform the following duties in connection with the household hazardous
waste collection program:
A. TRWD 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. TRWD 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. TRWD 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."
TRWD may choose to utilize a voucher system for its residents in order for them to bring
HHW to the ECC. If TRWD 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 TRWD that
utilizes a voucher system comes to the ECC or a mobile collection event without a
voucher, TRWD acknowledges and agrees that Fort Worth will not accept the household
hazardous waste until TRWD authorizes the acceptance in writing
E TRWD may submit a written request for a monthly report listing the number of
households that have disposed of household hazardous waste at mobile collection
events.
Interlocal Agreement — Household Hazardous Waste Program Page 10 of 21
F. TRWD 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.
G. If a TRWD resident presents waste that was collected from multiple households, Fort
Worth reserves the right to charge the TRWD based on the total number of households
from which the waste originated even if the resident has only one voucher.
TRWD shall provide a means for disposing of solid waste (e.g. boxes, trash, containers)
on site dunng a mobile collection event.
I. Mobile Collection Events using TRWD's MCU or Reserve MCU
1. TRWD is responsible for proper notification to TCEQ as required by
30 TAC §335.403.
2. TRWD shall advise the ECC at least 72 hours in advance of its mobile collection
events. TRWD shall collect only HHW during a mobile collection event. Wastes
from commercial, agricultural, and industrial sources shall not be accepted.
TRWD 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, TRWD'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, TRWD'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.
The TRWD'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. TRWD shall not transport waste that is not HHW to the
Interlocal Agreement -- Household Hazardous Waste Program Page 11 of 21
ECC. TRWD 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, TRWD'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.
TRWD shall require that a minimum of one copy of the latest North American
Emergency Response Guidebook be kept within the cab of the truck.
7 During transportation, TRWD'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, TRWD'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 TRWD 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 TRWD s MCU and store the unit at the ECC. After
being contacted, TRWD shall pickup their unit within 10 days.
If Fort Worth, in its sole discretion determines that TRWD's MCU operators
improperly packaged any of the HHW delivered to the ECC, Fort Worth shall
repackage such waste, and TRWD shall reimburse Fort Worth as set forth
herein.
10. If a spill emanating from the TRWD's MCU or the Reserve MCU occurs at the
ECC while the MCU is still in TRWD's possession, Fort Worth shall take control
of the spill response and TRWD 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.
Interlocal Agreement -- Household Hazardous Waste Program Page 12 of 21
THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED
TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
TRWD 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, TRWD and residents and businesses of TRWD 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.
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 TRWD, 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. TRWD SHALL NOTIFY RECIPIENTS OF THESE TERMS
AND CONDITIONS.
TRWD shall contact the ECC manager to arrange a pickup time to obtain materials
TRWD agrees that it shall not return to Fort Worth, directly or indirectly, any materials it
obtains from Fort Worth under this paragraph.
Interlocal Agreement — Household Hazardous Waste Program Page 13 of 21
Reserved.
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. TRWD 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
TRWD agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from
TRWD's mobile collection event, 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. TRWD has implemented a voucher system for its residents to dispose of waste, and the
individual does not have a valid voucher; or
D. The waste or the individual presents a hazard to the ECC or to persons or property at
the ECC.
Interlocal Agreement - Household Hazardous Waste Program Page 14 of 21
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.
Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be closed on the following holidays that
are observed on days the ECC would otherwise be open to the public:
Thanksgiving Holiday, Thursday, Friday, and Saturday, November 25-27, 2010
Christmas Holiday Friday, and Saturday, December 24-25, 2010
New Year's Day, Saturday, January 1, 2011
In addition to the above closures Fort Worth employees will not be available to conduct
mobile collection events on May 28 and September 3 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 TRWD that the ECC will be open on any particular
days. If additional closures due to any cause are necessary Fort Worth will notify TRWD
prior to the closure unless due to an unforeseeable event.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. TRWD agrees to pay Fort Worth the sum of $47.00 per participating household in a
Mobile Collection Event to dispose of household hazardous waste. If a TRWD resident
presents waste that was collected from multiple households, Fort Worth reserves the
right to charge the TRWD based on the total number of households from which the
waste originated.
B. If Fort Worth determines that TRWD's MCU operators improperly packaged any of the
HHW delivered to the ECC, Fort Worth shall repackage such waste, and TRWD 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 TRWD's MCU or the Reserve MCU occurs at the ECC while
the MCU is still in TRWD's possession, Fort Worth shall take control of the spill response
and TRWD 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.
Interlocal Agreement — Household Hazardous Waste Program Page 15 of 21
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A,
B and C, shall be billed to TRWD quarterly. TRWD 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 TRWD in writing that it will not accept any household
hazardous waste from TRWD'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
TRWD, which will include the total number of TRWD s households which participated in
the program, repackaging fees, if any, and the total cost of spill response charged to
TRWD, 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 only be paid from revenues currently
available to TRWD in the present fiscal year.
11
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," 'Pestie,
'Scrub," and 'Van Goo") and the recycling buddies (` Scrappy," "Juggles," and "Cana
Nana') "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong
to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of
State
A. Fort Worth hereby grants to TRWD 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 TRWD's disposal and recycling of household
hazardous waste programs. If TRWD wishes to use to Licensed Art and/or Promotional
Materials in other limited situations, TRWD must first obtain express written consent
from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to TRWD pursuant
to the terms of this Agreement TRWD acknowledges that by virtue of this License
TRWD 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 TRWD wants to modify or change the artwork and/or
promotional materials in any manner, TRWD hereby agrees to contact Fort Worth in
writing to obtain written consent before modifying or changing any artwork and/or
promotional materials
If TRWD desires an actor to portray "Captain Crud" for an event, TRWD shall use actors
approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort
Worth. TRWD shall be solely responsible for compensating actor for the services
provided to TRWD. TRWD 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, TRWD agrees to be liable to Fort Worth for any
Interlocal Agreement — Household Hazardous Waste Program Page 16 of 21
damage to the costume or if TRWD 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.
TRWD 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 wntten 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 TRWD 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
Interlocal Agreement -- Household Hazardous Waste Program Page 17 of 21
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 TRWD 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.
Remainder of this page intentionally left blank
Interlocal Agreement — Household Hazardous Waste Program Page 18 of 21
SIGNATURE PAGE
INTIHRLOCAL AGREEMFN 1 FOR PARTICIPATION IN FORT WOR T H'S
ENVIRONMENTAL COLLLC I ION CEN T FR
HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH TARRANT REGIONAL WATER DISTRICT
By: By:
*4-4••••4 Lac,
Fernando Costa
Assistant Cit Mpnager
Date: /80
APPROVED AS TO FORM
Printed name: Jim Oliver
Title: General Manager
Date: 12-6-10
APPROVED AS TO FORM
AND LEGALITY: AND / EGALITY:
at/f/L,./i., 6e
Arthur N. Bashor
Assistant City Attorney
ATTEST:
Marty Hendrix ti
City Secretary Q�,0c� �oor
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Contract Authorization d0 e'jqh 3SW ciaosmiSs:
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General Counsel
ATTEST:
cretary, Board of Directors
Interlocal Agreement — Household Hazardous Waste Program
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
Feage1-9-of 21
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Needs
Remarks
Material
Amount
Restocked
Special
Amount
taken
the
55
gallon
open
top
off
drums
top
for
trailer
loose
packs)
(open
Amount
taken
off
the
55
gallon
drums
(closed
bulk
trailer
top)
(oil
antifreeze
flammable
and
one
extra)
materials
Amount
taken
the
Fiber
drums
Aerosols,
(55
or 30
trailer
off
gallon)
acids,
bases
and
oxidizers)
Gaylord
(plastic)
box
liners
Amount
trailer
taken
off
the
liners
Amount
taken
off
the
55 gallon
drum
trailer
Amount
taken
the
5
gallon
buckets
off
trailer
(filters/haz
chemicals)
Amount
taken
the
Survey
Forms
trailer
off
Amount
taken
the
Labels/drum
placard
trailer
off
Amount
taken
the
Gaylord
boxes
trailer
off
taken
the
Absorbent
pads
Amount
trailer
off
Amount
taken
the
Vermiculite
trailer
off
Amount
taken
off
the
Oil
dry
trailer
Promotional
Materials
&
Amount
needed
Brochures
Interlocal Agreement — Household Hazardous Waste Program Page 20 of 21
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 Tarrant Regional Water District (TRWD) to allow a mobile collection
event on my property to collect household hazardous waste on the , 20
I hereby give my permission to TRWD and the City of Fort Worth, to hold a household
hazardous waste collection event on my property in which TRWD 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 Tarrant 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 TRWD 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 TRWD to hold a household
hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit
on my property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not
been influenced in any extent whatsoever by any representation or statements not contained in
this Agreement.
Signature Date
Witness Date
Interlocal Agreement - Household Hazardous Waste Program Page 21 of 21
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/10/2010
DATE* Tuesday, August 10, 2010
LOG NAME- 52ECC FY11 PARTICIPATING ENTITIES
SUBJECT
Authorize Interlocal Agreements with Various Municipalities and Other Governmental Entities for
Participation in the Environmental Collection Center Household Hazardous Waste Program
REFERENCE NO.: **C-24388
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 thirteenth 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 2010, through September
30, 2011) is $47 00 per household. It is anticipated that approximately $633,560.00 will be collected under
these agreements During Fiscal Year 2009-2010, 46 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, 2010, through September 30, 2011:
Alvarado
Bedford
Burleson
Colleyville
Forest Hill
Grapevine
Hurst
Lakeside
North Richland Hills
Arlington
Benbrook
Cedar Hill
Crowley
Glenn Heights
Haltom City
Keller
Mansfield
Oak Leaf
Azle
Bridgeport
Cleburne
Euless
Grand Prairie
Haslet
Kennedale
Midlothian
Pantego
P arker County
Roanoke
S outhlake
Richland Hills
Saginaw
Stephenville
Tarrant Regional Water District Trophy Club
Watauga Waxahachie
Westlake Westover Hills
White Settlement
River Oaks
S herman
U nincorporated Tarrant County
U pper Trinity Regional Water District
Weatherford
Westworth Village
FISCAL INFORMATION / CERTIFICATION:
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
R103 488220 0521100
CERTIFICATIONS:
$633,560.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. FAC Validity.doc (CFW Internal)
FROM Fund/Account/Centers
Fernando Costa (6122)
Brian Boerner (6647)
Michael Gange (6569)