HomeMy WebLinkAboutContract 43675 (2)(�I
CITY SECRLIAkt
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CO1MCT NO .�....
INTERLOCAL AGREEMENT POPARTICIPATION R IN FONT WORT '
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ENVIRONMENTAL COLLECTION CFNIER
HOUSEHOLD HAZARDOUS WASTE
FY2013
TARRANT COUNTY
OFFICIAL RECORD
MTV' IV)m NARY
t>R
VOUCHER UTILIZATION
Tarrant County:
DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
_..DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile
event.
If a voucher system will be used only residents with an official voucher provided by Tarrant
County will be allowed to drop wastes off at the ECC or at mobile events in Tarrant County. A
copy of the official voucher must be attached to this agreement.
INVOICE DELIVERY
Invoices to Tarrant County shall be delivered to:
Robert Berndt, REM
Name
Tarrant County Transportation Dept.
Department (if applicable)
100 East Weatherford Street - Room 401
Street Address or PO Box
Fort Worth TX 76196
City, State, ZIP
rberndt@tarrantcounty.com
email address for billing questions and correspondence
Tarrant County shall notify Fort Worth in writing if the above contact information changes during
the term of this Agreement.
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Interlocal Agreement — Household Hazardous Waste Program Page 3 of 22
(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 reauirements means all applicable present and future statutes
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies
departments, commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments and orders relating to the protection of human health or
the environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants,
contaminants, or hazardous or toxic substances, materials, or wastes whether
solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm
water, or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of pollutants, contaminants, or
hazardous or toxic substances, materials, or wastes, whether solid, liquid, or
gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of
employees or the public.
Force maieure means decrees of or restraints by a governmental instrumentality other
than the Parties, acts of God, work stoppages due to labor disputes or strikes, failure of
Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for
the conduct of the collection of household hazardous waste, fires, explosions,
epidemics, floods, extreme weather riots, war, rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by
a consumer which, except for the exclusion provided for in 40 CFR § 261 .4(b)(1), would
be classified as a hazardous waste under 40 CFR Part 261.
Interlocal Agreement — Household Hazardous Waste Program Page 5 of 22
2.
PURPOSE
The purpose of this interiocal agreement (hereafter "Agreement") is the provision of services by
Fort Worth to Tarrant County whereby, subject to the terms and conditions specified below, Fort
Worth will administer and supervise a regional household hazardous waste collection program
which will be available to households within Tarrant County as described herein
3.
TERM
This Agreement shall be effective from October 1, 2012 or the date the last party has signed this
Agreement, whichever is later, through September 30, 2013 however the duties and
responsibilities of the Parties for events which occurred during the term of the contract shall
survive. If Tarrant County has mobile collection events scheduled during the months of October
through December 2013 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 Tarrant County.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Tarrant County in connection with the
ECC household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program.
This program will include the operation of the Environmental Collection Center, which
will accept for disposal and/or recycling household hazardous waste from households
located within Unincorporated Tarrant County. Fort Worth shall not accept compressed
flammable gas containers; radioactive materials; explosives or potentially shock
sensitive materials; biological, etiologic, or infectious materials; wastes from businesses;
or any other wastes that Fort Worth has determined are unacceptable.
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 Tarrant County, provide Tarrant County with
copies of waste manifests for shipments of waste from the ECC.
E Fort Worth will, if requested in writing by Tarrant County, provide Tarrant County a
monthly report of applicable Tarrant County s households who disposed of household
hazardous waste at the Environmental Collection Center or a mobile collection event
Interlocal Agreement — Household Hazardous Waste Program Page 7 of 22
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 Tarrant County will in no event be entitled to any damages or
recovery of any costs, except as provided herein.
(d) Due to the lack of storage space at the ECC, Tarrant County
acknowledges and agrees that if it requests the Fort Worth Mobile
Collection Unit at a mobile collection event, a Tarrant County's MCU shall
not also be at the event.
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort
Worth Mobile Collection Unit to Tarrant County's Collection Event during
adverse weather, the threat of adverse weather, or other hazardous
conditions including but not limited to sleet, snow, rain, mist or hail In the
event Fort Worth determines not to send the Fort Worth Mobile. Collection
Unit, Fort Worth shall attempt to notify persons listed herein as an
'Operational Contact" by the Tarrant County and shall attempt to send a
Fort Worth employee to the Tarrant County's event to tell any residents
that come to dispose of household hazardous waste that the Fort Worth
Mobile Collection Unit will not be coming to the event, but the resident
can go to the ECC to dispose of the waste. A map with directions to the
ECC also will be provided.
2. Tarrant County Mobile Collection Unit:
(a) Fort Worth agrees to accept household hazardous waste from mobile
collection events conducted by Tarrant County using Tarrant County's
MCU in accordance with the terms of this Agreement.
(b) Fort Worth agrees to restock the items it removes from Tarrant County's
MCU, however, Fort Worth shall only restock items listed in Exhibit "A",
attached and incorporated herein as if set forth.
3 Loan of the Reserve Mobile Collection Unit
The reserve MCU is a specially designed and equipped thirty-six (36) foot
gooseneck box -trailer and one (1) ton pickup owned by Fort Worth Tarrant
County may request the loan of Fort Worth's Reserve MCU free of charge for use
in a Household Hazardous Waste collection event when available Tarrant
County may use the Reserve MCU to transport HHW to Fort Worth's ECC or
another collection center that may lawfully receive HHW. Tarrant County shall
provide Fort Worth with a wntten 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 Tarrant
County and shall notify Tarrant County as soon as is reasonably practicable of
such decision Fort Worth shall not participate in nor be responsible for any part
of the Tarrant County's HHW Collection Event unless and except by written
mutual agreement.
Interlocal Agreement — Household Hazardous Waste Program Page 9 of 22
collection event without a voucher, Tarrant County acknowledges and agrees that Fort
Worth will not accept the household hazardous waste until Tarrant County authorizes the
acceptance in writing.
Tarrant County 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. Tarrant County shall provide traffic control and signage for its mobile collection event,
and shall provide personnel to assist Fort Worth with the offloading of material, surveys,
and screening of persons dropping off household hazardous waste. Prior to the event,
the parties shall agree upon the details of the traffic control, signage, and personnel
assistance.
G. If a Tarrant County resident presents waste that was collected from multiple households,
Fort Worth reserves the right to charge the Tarrant County based on the total number of
households from which the waste originated even if the resident has only one voucher.
Tarrant County 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 Tarrant Countv's MCU or Reserve MCU
1. Tarrant County is responsible for proper notification to TCEQ as required by
30 TAC §335.403.
2. Tarrant County shall advise the ECC at least 72 hours in advance of its mobile
collection events. Tarrant County shall collect only HHW during a mobile
collection event. Wastes from commercial agricultural, and industrial sources
shall not be accepted Tarrant County shall not accept compressed flammable
gas containers; radioactive materials; explosives or potentially shock sensitive
materials; biological, etiologic, or infectious materials; or any other wastes that
Fort Worth has determined are unacceptable.
3. In accordance with the latest DOT requirements, Tarrant County's MCU
operators will properly categorize, package, mark, label, and load into the MCU,
all wastes received at the mobile collection event. Recyclable products (used oil,
used oil filters, latex paint, recyclable anti -freeze, lead -acid batteries, and
fluorescent lights) will be segregated into containers for recyclables.
4. After accepting wastes, Tarrant County's MCU operators shall thoroughly check
each container for proper labeling and identification. If a container is properly
identified, the material will be segregated according to hazard class and prepared
for packaging If a container does not have adequate labeling to permit
identification, the MCU operators shall then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.
The Tarrant County's MCU operators shall package all hazardous materials in
accordance with United States Department of Transportation (DOT)
requirements, United States Environmental Protection Agency (EPA)
Interlocal Agreement — Household Hazardous Waste Program Page 11 of 22
any and all environmental requirements resulting from the handling, collection,
transportation, storage disposal, treatment, recovery, and/or recycling of waste collected
pursuant to this agreement, when said environmental damages or the violation of said
environmental requirements was the result of any act or omission of contractor, its
officers, agents, employees, or subcontractors, or the joint act or omission of contractor,
its officers, agents, employees or subcontractors and any other person or entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED
TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
TARRANT COUNTY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND
STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time -to -time Fort Worth will make available to residents and businesses of Fort
Worth, as well as, Tarrant County and residents and businesses of Tarrant County for
their use collected household hazardous waste materials that are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any
materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by
Fort Worth prior to being made available. Used antifreeze will have been consolidated in
a barrel, filtered and pH balanced and new antifreeze may have been added to the
barrel.
C. In regards to materials accepted by Tarrant County, its employees, residents, or any
other person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR
GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
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.
Interlocal Agreement -- Household Hazardous Waste Program Page 13 of 22
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
G. Tarrant County shall attempt to inform its residents and businesses that if they go to the
Environmental Collection Center to pick up household hazardous waste for reuse a
release of liability must be signed to accept the household hazardous waste for reuse.
8.
RIGHT TO REFUSE WASTE
Tarrant County agrees that Fort Worth shall have the right to refuse to accept waste at the ECC
from Tarrant County or Tarrant County's resident, if in the reasonable judgment of Fort Worth
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that
have been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a
resident of Tarrant County;
D. Tarrant County has implemented a voucher system for its residents to dispose of waste,
and the individual does not have a valid voucher; or
E The waste or the individual presents a hazard to the ECC or to persons or property at
the ECC.
9
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday 11:00 a.m. -- 7:00 p.m.
Saturday 9:00 a.m. -- 3 00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be closed on the following holidays that
are observed on days the ECC would otherwise be open to the public:
Thanksgiving Holiday, Thursday, Friday, and Saturday, November 22-24, 2012
Independence Day, Thursday, July 4, 2013
In addition to the above closures Fort Worth employees will not be available to conduct
mobile collection events on May 25 and August 31 although the ECC will remain open
on those days. The ECC may close due to furlough days or other causes, and the City
Interlocal Agreement - Household Hazardous Waste Program Page 15 of 22
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 Tarrant County a non -transferable, non-exclusive license to
use all the artwork and promotional materials that may be provided by Fort Worth to be
used solely in the conduct of the business of Tarrant County's disposal and recycling of
household hazardous waste programs If Tarrant County wishes to use to Licensed Art
and/or Promotional Materials in other limited situations, Tarrant County must first obtain
express written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Tarrant County
pursuant to the terms of this Agreement. Tarrant County acknowledges that by virtue of
this License Tarrant County acquires only the right to use the original and permitted
duplicate copies of the Licensed Artwork and Promotional Materials and does not
acquire any rights of ownership in the Licensed Artwork and Promotional Materials,
which rights shall remain exclusively with Fort Worth If Tarrant County wants to modify
or change the artwork and/or promotional materials in any manner, Tarrant County
hereby agrees to contact Fort Worth in writing to obtain written consent before modifying
or changing any artwork and/or promotional materials.
C. If Tarrant County desires an actor to portray "Captain Crud" for an event, Tarrant County
shall use actors approved by Fort Worth to portray "Captain Crud" since ' Captain Crud"
is owned by Fort Worth. Tarrant County shall be solely responsible for compensating
actor for the services provided to Tarrant County. Tarrant County 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,
Tarrant County agrees to be liable to Fort Worth for any damage to the costume or if
Tarrant County 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.
Interlocal Agreement - Household Hazardous Waste Program Page 17 of 22
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.
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Interlocal Agreement — Household Hazardous Waste Program Page 19 of 22
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material
55 gallon open top
drums (open top for
loose packs)
55 gallon drums (closed
top) (oil antifreeze bulk
flammable materials
and one extra)
Fiber drums (55 or 30
gallon) Aerosols, acids,
bases and oxidizers)
Gaylord box liners
(plastic)
55 gallon drum liners
5 gallon buckets
(filters/haz chemicals)
Survey Forms
Labels/drum placard
Gaylord boxes
Absorbent pads
Vermiculite
Oil dry
Promotional Materials &
Brochures
Amount Restocked
Amount taken off the
trailer
Amount taken off the
trailer
Amount taken off the
trailer
Amount taken off the
trailer
Amount taken off the
trailer
Amount taken off the
trailer
Amount taken off the
trailer
Amount taken off the
trailer
Amount taken off the
trailer
Amount taken off the
trailer
Amount taken off the
trailer
Amount taken off the
trailer
Amount needed
Special Needs
Remarks
Interlocal Agreement — Household Hazardous Waste Program Page 21 of 22
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/21/2012
DATE: Tuesday, August 21, 2012 REFERENCE NO.: **C-25791
LOG NAME: 20ENVIR COLLECTION CENTER ILA FY2013 PARTICIPATING ENTITIES
SUBJECT:
Authorize Interlocal Agreements with Various Municipalities and Other Governmental Entities for
Participation in the Environmental Collection Center Household Hazardous Waste Program (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the 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 15th 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, 2012, through September
30, 2013) is $47.00 per household. It is anticipated that approximately $700,000.00 will be collected under
these Agreements. During Fiscal Year 2012, 47 entities signed participation Agreements with the City of
Fort Worth. For the upcoming year, it is expected that all of these entities will participate.
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 are expected to execute an Agreement to participate for the period October 1, 2012,
through September 30, 2013:
Arlington
Azle
Bedford
Benbrook
Burleson
Cedar Hill
Cleburne
Colleyville
Crowley
Euless
Hood County
Hurst
Johnson County
Keller
Kennedale
Lake Worth
Lakeside
Mansfield
Midlothian
North Richland Hills
S aginaw
S herman
S outhlake
Stephenville
Tarrant County
Tarrant Regional Water District
Trophy Club
U pper Trinity Regional Water District
Watauga
Waxahachie
Glenn Heights
Godley
Grand Prairie
Grapevine
Haltom City
Haslet
Oak Leaf
P antego
P arker County
Richland Hills
River Oaks
Roanoke
Weatherford
Westlake
Westover Hills
Westworth Village
White Settlement
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for collection and deposit of the funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers
R103 488220 0201100
$700, 000.00
CERTIFICATIONS:
S ubmitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
N o attachments found.
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas Wiersig (7801)
Michael Gange (6569)