HomeMy WebLinkAboutContract 43854 rrY SECRE TA Ry
CONTRACT Niol,
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2013
CITY OF MANSFIELD
FOIFFICIAL RECORD- . TY SECRETARY
FT. WORTH, TX �
Ge
VOUCHER UTILIZATION
The Participating City:
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 Participating
City will be allowed to drop wastes off at the ECC or at mobile events in Participating City. A
copy of the official voucher must be attached to this agreement.
INVOICE DELIVERY
Invoices to Participating City shall be delivered to:
Howard Redfea rn
Name
Environmental Services
Department(if applicable)
1200 E. Broad St
Street Address or Po Box
Mansfield, TX 76063
City,State,ZIP
howard.redfearn@mansfield-tx.gov
email address for billing questions and correspondence
Participating City shall notify Fort Worth in writing if the above contact information changes
during the term of this Agreement.
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 local government to perform governmental functions and services, and
§791.003(3)(H) defines waste disposal as a governmental function and service; and
Interlocal Agreement—Household Hazardous Waste Program Page 3 of 21
environmental requirements, and including without limitation any attorney's fees,
costs and expenses incurred in enforcing this Agreement or collecting any sums
due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in
subparagraph (b) herein.
Environmental requirements means all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of human health or
the environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants,
contaminants, or hazardous or toxic substances, materials, or wastes whether
solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm
water, or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of pollutants, contaminants, or
hazardous or toxic substances, materials, or wastes, whether solid, liquid, or
gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of
employees or the public.
Force maieure means decrees of or restraints by a governmental instrumentality other
than the Parties, acts of Cod, 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 § 251.4(b)(1), would
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) that must accompany
shipments of municipal hazardous waste or class 1 industrial solid waste.
Mobile collection event means a household hazardous waste collection event by
Participating City 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 Participating City, 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.
Interlocal Agreement—Household Hazardous waste Program Page 5 of 21
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3.
TERM
This Agreement shall be effective from October 1, 2012 or the date the bast 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 Participating City 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 Participating City.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City 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 city. 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 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 Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by Participating City, provide Participating City a
monthly report of the Participating City's households who disposed of household
hazardous waste at the Environmental Collection center or a mobile collection event.
F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the
number of Participating City's households that disposed of household hazardous waste
at the Environmental Collection Center or at mobile collection events.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Mobile Collection Events
Participating City 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
Interlocal Agreement--Household Hazardous Waste Program Page 7 of 21
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort
Worth Mobile Collection Unit to Participating City'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 Participating City and shall attempt to
send a Fort Worth employee to the Participating city'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. Participating City Mobile Collection Unit:
(a) Fort Worth agrees to accept household hazardous waste from mobile
collection events conducted by Participating City using Participating City's
MCU in accordance with the terms of this Agreement.
(b) Fort Worth agrees to restock the items it removes from Participating City'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
City 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 City
may use the Reserve MCU to transport HHW to Fort Worth's ECC or another
collection center that may lawfully receive HHW. Participating City 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 City
and shall notify Participating city as soon as is reasonably practicable of such
decision. Fort Worth shall not participate in nor be responsible for any part of the
Participating city'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. Participating City shall be
responsible for all certifications and insurance necessary for the proper
operation of the Reserve MCU.
(b) Participating city agrees to maintain and return the Reserve MCU in as
good condition as it was in when Participating City took possession for
Interlocal Agreement—Household Hazardous Waste Program Page 9 of 21
the parties shall agree upon the details of the traffic control, signage, and personnel
assistance.
C. If a Participating city resident presents waste that was collected from multiple
households, Fort Worth reserves the right to charge the Participating City based on the
total number of households from which the waste originated even if the resident has only
one voucher.
H. Participating city shall provide a means for disposing of solid waste (e.g. boxes, trash,
containers) on site during a mobile collection event.
1. Mobile collection Events using Partic' atin City's MCU or Reserve MCU
1. Participating city is responsible for proper notification to TCEQ as required by
30 TAC §335.403.
2. Participating City shall advise the ECC at least 72 hours in advance of its mobile
collection events. Participating City shall collect only HHW during a mobile
collection event. Wastes from commercial, agricultural, and industrial sources
shall not be accepted. Participating City 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, Participating City'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, Participating City'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 IVICU operators shall then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.
5. The Participating City'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 City shall not transport waste that is not HHW
to the ECC. Participating city agrees to make its own arrangements to dispose of
any non-HHW waste collected at the event.
Interlocal Agreement—Household Hazardous Waste Program Page 11 of 21
P
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 City and residents and businesses of Participating City
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 City, its employees, residents, or any
other person FORT WORTH MAKES NO REPRESENTATIONS, WARRAN"T"IES, 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. PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF
THESE TERMS AND CONDITIONS.
D. Participating City shall contact the ECC manager to arrange a pickup time to obtain
materials. Participating City agrees that it shall not return to Fort Worth, directly or
indirectly, any materials it obtains from Fort Worth under this paragraph.
E. INDEMINIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY
PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS,
Interlocal Agreement—Household Hazardous Waste Program Page 13 of 21
l�
8.
RIGHT To REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the
ECC from Participating City or Participating City'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 City;
D. Participating City 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, IVovember 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
of Fort Worth does not represent to Participating City that the ECC will be open on any
particular days. If additional closures due to any cause are necessary Fort Worth will
notify Participating City prior to the closure unless due to an unforeseeable event.
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates
it will be closed. Participating City also may advertise the 24-hour Environmental
Collection Center telephone number: (817) 871-5257.
Interlocal Agreement—Household Hazardous Waste Program Page 15 of 21
r
A. Fort Worth hereby grants to Participating city 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 Participating city's disposal and
recycling of household hazardous waste programs. If Participating City wishes to use to
Licensed Art and/or Promotional Materials in other limited situations, Participating city
must first obtain express written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating city
pursuant to the terms of this Agreement. Participating city acknowledges that by virtue
of this License, Participating city 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 City wants to modify
or change the artwork and/or promotional materials in any manner, Participating City
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 City desires an actor to portray "captain Crud" for an event, Participating
City shall use actors approved by Fort Worth to portray "captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating city shall be solely responsible for
compensating actor for the services provided to Participating city. Participating city 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 city agrees to be liable to Fort Worth for any damage to
the costume or if Participating City 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 cities 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 city 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.
Interlocal Agreement— Household Hazardous Waste Program Page 17 of 21
V
SIGNATURE PAGE
IN'fERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH CITY OF MANSFIELD
By: By:
Fernando Costa 4Printeid name: Steve Freeman
Assistant City Ma ger Title: Public Works Director
Date: // / Date:
T
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY: AND LEGALITY:
Arthur N. Bashor OF�0��� City Attorney A ant City Attorney
Assistant City Attorney 470%+�pa0000000�i���
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Vary J. ays�r � � City Secretary
City Secreta
Contract Authorization
Date
OFFICIAL F�E��►Id�
CITE S1�CRiE?'�+�dY
Interlocal Agreement—Household Hazardous Waste Program �� �o�� a��19 f 21
Exhibit"B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
being the owner of property located at
have been asked by the City of to allow a mobile collection
event on my property to collect household hazardous waste on the , 20
hereby give my permission to the city of _ _ and the City of Fort
Worth, to hold a household hazardous waste collection event on my property in which the city
of 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 City of
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 city of _ _ _ _ _ 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 city of _ _ 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
M&&C-Review Page 1 of 2
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CITY COUNCIL AGENDA FORT�VORT
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COUNCIL ACTION: Approved on 8/21/2012
REFERENCE 20ENVIR COLLECTION CENTER
DATE: 5/21/2012 NO.: **C-25791 LOG NAME: ILA FY2013 PARTICIPATING
ENTITIES
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
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 or 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 Hood County Saginaw
Azle Hurst Sherman
Bedford Johnson County Southlake
Benbrook Keller Stephenville
Burleson Kennedale Tarrant County
Cedar Hill Lake Worth Tarrant Regional Water District
Cleburne Lakeside Trophy Club
Colleyville Mansfield Upper Trinity Regional Water District
Crowley Midlothian Watauga
Euless North Richland Hills Waxahachie
Glenn Heights oak Leaf Weatherford
Godley Pantego Westlake
Grand Prairie Parker County Westover Hills
http:fl apps.cfwnet.org/council—Packet/mc_review.asp?ID=17241&counciIdate=8/21/2012 9/27/2012
M&C'Review Page 2 of 2
Grapevine Richland Hills Westworth Village
Haltom City River Oaks White Settlement
Haslet Roanoke
FISCAL INFORMATIONIXERTIFICATION:
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.
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 488220 0201100 $700,000.00
Submitted for City Manager's Office by: Fernando Costa (8122)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Michael Gange (5589)
ATTACHMENTS
http:Happs.cfwnet.orglcouncil—packetlmc review.asp?ID=17241&counciI date=812112012 9/2712012