HomeMy WebLinkAboutContract 43943 CITY SECRETARY
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INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2013
UPPER TRINITY REGIONAL WATER DISTRICT
OFFICIAL RECORD
CITY SECRETARY
1 1 -30-1 2 °O 4 27 1 "1 FT.WORTH,TX
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter
called "Fort Worth," acting herein by and through Fernando Costa, its duly authorized Assistant City
Manager, and Upper Trinity Regional Water District, a conservation and reclamation District created
pursuant to Article XVI Section 5.9 of the Constitution of State of Texas and situated in Denton
County, Texas, hereinafter called "UTRWD" or "District" acting herein by and through
Tim Fisher its duly authorized President Board of Directors
(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 Management Division
City of Fork Worth
1000 Throckmorton
Fort Worth, Texas 70102
If to UTRWD:
Thomas E. Taylor, Executive Director
Upper Trinity Regional Water District
P. O. Drawer 305
Lewisville, TX 75067
OPERATIONAL CONTACTS
UTRWD's operational Contact Persons:
Designated person is: Jason Pierce telephone number: 972-219-1228
Mobile phone number (24-hour) where he or she can be reached: 940-391-3786
Email address: ierce utrwd.com
Alternate person is_Jody Zabolio telephone number: 972-219-1228
Mobile phone number (24-hour) where he or she can be reached: 214-991-2843
Email address: jzabolio[c�,utrwd.com _
Interlocal Agreement--Household Hazardous Waste Program Page 2 of 21
VOUCHER UTILIZATION
UTRWD:
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 UTRWD will
be allowed to drop wastes off at the ECC or at mobile events in UTRWD. A copy of the
official voucher must be attached to this agreement.
INVOICE DELIVERY
Invoices to UTRWD shall be delivered to:
Jason Pierce
Name
Manager of Watershed and Contract Services
Department(if applicable)
P. 0. Drawer 305
Street Address or P❑Box
Lewisville, TX 75467
City,State,ZIP
spierceutrwd.com
email address for billing questions and correspondence
U-rRWD 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 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 UTRWD 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 UTRWD 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:
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 La din lists the contents of the mobile collection unit.
Environmental collection Center (ECCI means the City of Fort Worth TPW-
Environmental Management Division facility located at 6400 Bridge Street, Fort Worth,
Texas, which is to be used by Fort Worth for the aggregation of household hazardous
wastes that have been brought to the facility by participating entities' households for
subsequent recycling, disposal, and/or reuse.
Environmental damages means all claims, judgments, damages, losses, penalties, tines,
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 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 (North 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 GFR § 251.4(b){1), would
be classified as a hazardous waste under 40 GFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) that must accompany
shipments of municipal hazardous waste or Glass 1 industrial solid waste.
Interlocal Agreement—Household Hazardous Waste Program Page 5 of 21
Mobile collection event means a household hazardous waste collection event by
UTRWD utilizing a mobile collection unit.
Mobile Collection Unit (MCQ1 means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by UTRWD, 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 Partic[patigg Entities, when used in the plural, means Fort Worth, UTRWD, 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.
S. 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.
HAZWQPER - 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 UTRWD 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 UTRWD 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 UTRWD 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 UTRWD.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for UTRWD in connection with the ECC
household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program.
This program will include the operation of the Environmental Collection Center, which
will accept for disposal and/or recycling household hazardous waste from households
located within the UTRWD. 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 UTRWD, provide UTRWD with copies of waste
manifests for shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by UTRWD, provide UTRWD a monthly report of
the UTRWD's households who disposed of household hazardous waste at the
Environmental Collection Center or a mobile collection event.
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F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the
number of UTRWD's households that disposed of household hazardous waste at the
Environmental Collection Center or at mobile collection events.
O. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Mobile Collection Events
UTRWD may schedule a mobile collection event to be operated by Fort Worth personnel
using one of Fort Worth's MCUs or conduct their own mobile collection events using
either UTRWD'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 UTRWD would like to schedule a mobile collection event with the Fort Worth
Mobile Collection Unit, UTRWD shall contact the ECC as soon as possible for a
list of available dates. The time and location shall be agreeable to both parties.
UTRWD 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 2013
calendar year on January 2, 2013. To ensure proper notification to TCEQ,
events must be scheduled at least sixty (60) days ahead of the proposed
date. UTRWD acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be accommodating each UTRWD's
request on a first come first served basis. Therefore, UTRWD
acknowledges that its chosen date to schedule a mobile collection event
may be reserved by another city and UTRWD will have to then choose
another date. UTRWD will, in no event, be entitled to any damages or
recovery of any costs, except as provided herein.
(b) Location
If UTRWD chooses to hold the Mobile Collection Event on private
property, UTRWD 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 UTRWD 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, UTRWD acknowledges and agrees that
Fort Worth shall accept household hazardous waste from the first 50
households that show proof of residency at the Mobile Collection Event.
After the first 50 households, Fort Worth will determine in its sole
Interlocal Agreement—Household Hazardous Waste Program Page 8 of 21
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, UTRWD 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, UTRWD acknowledges and
agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile
collection event, a UTRWD'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 UTRWD'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 UTRWD and shall attempt to send a Fort
Worth employee to the UTRWD'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. UTRWD Mobile Collection Unit:
(a) Fort Worth agrees to accept household hazardous waste from mobile
collection events conducted by UTRWD using UTRWD's MCU in
accordance with the terms of this Agreement.
(b) Fort Worth agrees to restock the items it removes from UTRWD'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. LITRWD may
request the loan of Fort Worth's Reserve MCU free of charge for use in a
Household Hazardous Waste collection event when available. UTRWD may use
the Reserve MCU to transport HHW to Fort Worth's ECC or another collection
center that may lawfully receive HHW. UTRWD 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 UTRWD and shall notify UTRWD as
soon as is reasonably practicable of such decision. Fort Worth shall not
participate in nor be responsible for any part of the UTRWD'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
Interlocal Agreement---Household Hazardous Waste Program Page 9 of 21
will complete a pre-trip aesthetic assessment. UTRWD shall be
responsible for all certifications and insurance necessary for the proper
operation of the Reserve MCU.
(b) UTRWD agrees to maintain and return the Reserve MCU in as good
condition as it was in when UTRWD took possession for use. UTRWD
shall return the Reserve MCU to Fort Worth in a timely manner and as
mutually agreed upon.
(c) UTRWD shall be responsible for all property damage, personal injury or
death caused by UTRWD'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.
DU'rI ES of U-rRWD
UTRWD agrees to perform the following duties in connection with the household hazardous
waste collection program:
A. UTRWD 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. UTRWD 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. UTRWD shall notify its residents of the ECC hours of operation and dates it is closed as
provided in Section 9 "The Environmental Collection Center Hours of operation."
D. UTRWD may choose to utilize a voucher system for its residents in order for them to
bring HHW to the ECC. If UTRWD 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 UTRWD
that utilizes a voucher system comes to the ECC or a mobile collection event without a
voucher, UTRWD acknowledges and agrees that Fort Worth will not accept the
household hazardous waste until UTRWD authorizes the acceptance in writing.
E. UTRWD 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.
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F. UTRWD 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.
O. If a UTRWD resident presents waste that was collected from multiple households, Fort
Worth reserves the right to charge the UTRWD based on the total number of households
from which the waste originated even if the resident has only one voucher.
H. UTRWD shall provide a means for disposing of solid waste (e.g. boxes, trash, containers)
on site during a mobile collection event.
I. Mobile Collection Events using UTRWD's MCU or Reserve MCU
1. UTRWD is responsible for proper notification to TCEQ as required by
30 TAC §335.403.
2. UTRWD shall advise the ECC at least 72 hours in advance of its mobile
collection events. UTRWD shall collect only H HW during a mobile collection
event. Wastes from commercial, agricultural, and industrial sources shall not be
accepted. UTRWD 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, UTRWD'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, UTRWD's MCU operators shall thoroughly check each
container for proper labeling and identification. If a container is properly
identified, the material will be segregated according to hazard class and prepared
for packaging. If a container does not have adequate labeling to permit
identification, the MCU operators shall then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.
5. The UTRWD'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. UTRWD shall not transport waste that is not HHW to the
Interlocal Agreement--Household Hazardous Waste Program Page 11 of 21
ECC. UTRWD 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, UTRWD'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.
UTRWD 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, UTRWD'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, UTRWD'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 UTRWD 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 UTRWD's MCU and store the unit at the ECC. After
being contacted, UTRWD shall pickup their unit within 10 days.
9. If Fort Worth, in its sole discretion, determines that UTRWD's MCU operators
improperly packaged any of the HHW delivered to the ECC, Fort Worth shall
repackage such waste, and UTRWD shall reimburse Fort Worth as set forth
herein.
10. If a spill emanating from the UTRWD's MCU or the Reserve MCU occurs at the
ECC while the MCU is still in UTRWD's possession, Fort Worth shall take control
of the spill response and UTRWD will reimburse Fort Worth for its response costs
as set forth herein.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, from the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for
the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a
disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth
and participating entities against any and all environmental damages and the violation of
any and all environmental requirements resulting from the handling, collection,
transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected
pursuant to this agreement, when said environmental damages or the violation of said
environmental requirements was the result of any act or omission of contractor, its
officers, agents, employees, or subcontractors, or the joint act or omission of contractor,
its officers, agents, employees, or subcontractors and any other person or entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED
TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
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UTRWD OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAIN.
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, UTRWD and residents and businesses of UTRWD 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 UTRWD, 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. UTRWD SHALL NOTIFY RECIPIENTS of THESE TERMS
AND CONDITIONS.
D. UTRWD shall contact the ECC manager to arrange a pickup time to obtain materials.
UTRWD agrees that it shall not return to Fort Worth, directly or indirectly, any materials it
obtains from Fort Worth under this paragraph.
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Interlocal Agreement--Household Hazardous Waste Program Page 13 of 21
E. INDEMINIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY UTRWD,
UTRWD DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY
CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH,
AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND
VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY
AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR
CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS,
LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY
PROPERTY , OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING,
USE, AND DISPOSAL BY UTRWD OF ANY MATERIALS ACCEPTED BY UTRWD
UNDER THIS AGREEMENT FROM FORT WORTH.
2. IF THE UTRWD DOES NOT AGREE TO THE INDEMNIFICATION AND WAIVER IN
PARAGRAPH E ABOVE, THEN THE UTRWD SHALL NOT ACCEPT, NOR ALLOW
ANY OTHER PERSON TO ACCEPT ANY OF THE REUSED OR RECYCLED
MATERIALS AND SHALL NOT BE REQUIRED TO AGREE TO THE WAIVER IN
PARAGRAPH E. Initial here to reject term 7.E.1 and accept alternate term 7.E.2.
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. UTRWD 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.
Interlocal Agreement—Household Hazardous Waste Program Page 14 of 21
8.
RIGHT TO REFUSE WASTE
UTRWD agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from
UTRWD or UTRWD'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 UTRWD;
D. UTRWD 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:
f hursday 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
of Fort Worth does not represent to UTRWD that the ECC will be open on any particular
days. If additional closures due to any cause are necessary Fort Worth will notify
UTRWD prior to the closure unless due to an unforeseeable event.
Remainder of this page intentionally left blank
Interlocal Agreement—Household Hazardous Waste Program Page 15 of 21
C. Notifying Residents
UTRWD agrees to notify its residents of the FCC's hours of operation and dates it will be
closed. UTRWD also may advertise the 24-hour Environmental Collection Center
telephone number: (817) 871-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. UTRWD agrees to pay Fort Worth the sum of$47.00 per household per visit to the ECC
(or per participating household in a Mobile Collection Event) to dispose of household
hazardous waste. If a UTRWD resident presents waste that was collected from multiple
households, Fort Worth reserves the right to charge the UTRWD based on the total
number of households from which the waste originated.
B. If Fort Worth determines that UTRWD's MCU operators improperly packaged any of the
H HW delivered to the ECC, Fort Worth shall repackage such waste, and UTRWD 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 UTRWD's MCU or the Reserve MCU occurs at the ECC
while the MCU is still in UTRWD's possession, Fort Worth shall take control of the spill
response and UTRWD will reimburse Fort Worth for its response costs for City staff time
($60.00 per hour) plus the cost of supplies and the actual costs for the spill response
and remediation incurred by the City of Fort Worth for third party contractors and
responding governmental agencies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A,
B, and C, shall be billed to UTRWD quarterly. UTRWD 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 UTRWD in writing that it will not accept any household
hazardous waste from UTRWD'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
UTRWD, which will include the total number of UTRWD's households which participated
in the program, repackaging fees, if any, and the total cost of spill response charged to
UTRWD, if any.
F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to
Fort Worth under Subparagraph D. above shall be paid from revenues currently
available to UTRWD 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
Interlocal Agreement—Household Hazardous Waste Program Page 16 of 21
to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of
State.
A. Fort Worth hereby grants to UTRWD 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 UTRWD's disposal and recycling of household
hazardous waste programs. If UTRWD wishes to use to Licensed Art and/or Promotional
Materials in other limited situations, UWr-RWD must first obtain express written consent
from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to UTRWD pursuant
to the terms of this Agreement. UTRWD acknowledges that by virtue of this License,
UTRWD 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 UTRWD wants to modify or change the artwork and/or
promotional materials in any manner, UTRWD hereby agrees to contact Fort Worth in
writing to obtain written consent before modifying or changing any artwork and/or
promotional materials.
C. If UTRWD desires an actor to portray "Captain Crud" for an event, UTRWD shall use
actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned
by Fort Worth. UTRWD shall be solely responsible for compensating actor for the
services provided to UTRWD. UTRWD 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, UTRWD agrees to be liable to
Fort Worth for any damage to the costume or if UTRWD 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.
UTRWD 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
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without
cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall
be released from all contractual obligations to the other party excluding "USE OF WASTE
DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" "REUSE OF
COLLECTED MATERIALS" and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND
"PROMOTIONAL MATERIALS LICENSE AGREEMENT" and any terms and conditions arising
from events occurring during the term of the contract .
15.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other
oral or written commitments shall have any force or effect if not contained herein, except that
this Agreement can be amended or modified by the parties if such amendment or modification is
in writing and signed by UTRWD and Fort Worth.
15.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
17.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of
this Agreement, venue for said action shall be in Tarrant county, Texas.
18.
AUTHORITY
This Agreement is made for Fort Worth and UTRWD 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.
Interlocal Agreement—Household Hazardous Waste Program Page 18 of 21
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH UPPER TRINITY REGIONAL WATER
DISTRICT
By: By:
Fernando Costa Printed name: Tim Fisher
Assistant City ang9 er Title: President. Board of Directors
Date: // Z�//Z Date:
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY: AND LEGALITY:
a � na
Arthur N. Bashor p O�aF oaR� eneral Counsel
0
Assistant City Attorney ,,yam o�°
0
0� oxd
ATTEST: o o°� EST:000 00000
);e 0
Mary J. Kayser Secretary, Board of Dri ect rs
City Secretary
Contract Authorization
�lz�llz
Date
OFFICIAL.RECORD
CITY SECRETARY
FT,INORTH,TX
Interlocal Agreement—Household Hazardous Waste Program Page 19 of 21
Exhibit"A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount Restocked Special Needs Remarks
55 gallon open top Amount taken off the
drums (open top for trailer
loose asks
55 gallon drums (closed Amount taken off the
top) (oil, antifreeze, bulk trailer
flammable materials
and one extra
Fiber drums (55 or 30 Amount taken off the
gallon)Aerosols, acids, trailer
bases and oxidizers
Gaylord box liners Amount taken off the
lastic trailer
55 gallon drum liners Amount taken off the
trailer
5 gallon buckets Amount taken off the
filters/haz chemicals trailer
Survey Forms Amount taken off the
trailer
Labels/drum placard Amount taken off the
trailer
Gaylord boxes Amount taken off the
trailer
Absorbent pads Amount taken off the
trailer
Vermiculite Amount taken off the
trailer
Oil dry Amount taken off the
trailer
Promotional Materials& Amount needed
Brochures
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 Upper Trinity Regional Water District (UTRWD) to allow a mobile
collection event on my property to collect household hazardous waste on the
20 . I hereby give my permission to UTRWD and the City of Fort Worth,
to hold a household hazardous waste collection event on my property in which UTRWD has
asked the City of Fort Worth to send its mobile collection unit to collect the household
hazardous waste that is brought to the event,
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of
Fort Worth or its officers, agents, and employees and the Upper Trinity Regional Water District
and its officers, agents, and/or employees for any and all claims, demands, liability, causes of
action, actions or suits of any character that I may have against the City of Fort Worth or its
officers, agents, and/or employees and UTRWD 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 U-rRWD 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
("Viciiji site of the City of Fort Wofth,Texas
CITY COUN'CIL 'AGENDA FoRT WORTH
COUNCIL ACTION: Approved on 812112012
REFERENCE 20ENVI R COLLECTION CENTER
DATE: 8/21/2012 NO.: **C-25791 LOG NAME: ILA FY2013 PARTICIPATING
EN I ITI ES
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 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 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://apps.cfwnet.org/council-Packet/mc-review.asp9.ID=17241&councildate=812112012 9/27/2012
M&C-Review Page 2 of 2
Grapevine Richland Hills Westworth Village
Haltom City River Oaks White Settlement
Haslet Roanoke
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.
TO Fund/Account/Centers FROM Fund/Account/Centers
R1 08 488220 0201100 $700,000.00
Submitted for Citv Manager's Office b Fernando Costa (6122)
Oric i� nating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Michael Gange (6569)
ATTACHMENTS
http://apps.cfwnet.org/council—Packet/mc review.asp?ID=17241&councildate=812112012 9/27/2012
CITIZEN VOUCHER
UPPER TRINITY REGIONAL WATER DISTRICT
HOUSEHOLD HAZARDOUS WASTE PROGRAM
REGIONAL WATER DISTRICT THIS VOUCHER EXPIRES ON
This voucher must be presented at the City of Fort Worth's Environmental Collection Center (ECG)
in order for you to deliver household hazardous waste products to ECG. The ECC is located at
6400 Bridge Street in east Fort Worth near the intersection of I-30 and east Loop 820 (see back for
directions). Hours of operation are Thursday and Friday from 11 a.m. until 7 p.m. and on Saturday
from 9 a.m. until 3 p.m. The phone number is 817-392-5275. YOU MUST BRING THIS
VOUCHER AND YOUR DRIVER'S LICENSE OR A CURRENT WATER BILL WITH YOU FOR ID
VERIFICATION.
VOUCHER NUMBER: DATE:
NAME:
ADDRESS:
PHONE NUMBERS: (H) (W)
PLEASE INDICATE THE TYPE OF MATERIAL YOU WILL TAKE TO THE CENTER:
ACIDS ❑ BATTERIES ❑
CHEMICALS ❑ HOBBY CHEMICALS El
DEGREASERS ❑ DRAIN CLEANERS ❑
FERTILIZERS ❑ FLUORESCENT LIGHTS ❑
HERBICIDES ❑ HOUSEHOLD CHEMICALS ❑
MOTOR OIL ❑ PAINTS/STAINS ❑
PAINT THINNERS ❑ PEST STRIPS ❑
PESTICIDES 1:1 PHARMACEUTICALS ❑
PHOTO CHEMICALS ❑ POOL CHEMICALS ❑
OIL FILTERS El SOLVENTS ❑
TRANSMISSION FLUID ❑ VARNISHES ❑
PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION
If you have questions or comments, please contact: Jason Pierce, P.O. Drawer 305, Lewisville, TX
75067. Phone: 972-219-1228 Fax: 972-219-7521 Email: iDierce(c'b_utrwd.com
PACKAGING INSTRUC0I8IONS
For your safety and to make the collection of materials more efficient, we request that you take
these precautions prior to bringing materials to the collection site:
• If a product is still usable, try to give it to someone who can use it. It is only "waste" when it
is not something someone can use!
• Please bring liquid paint sorted by type (latex, oil-based, lead-based, etc.).
• Please keep chemicals in their containers. Place broken or leaking containers inside a
second container or like materials (e.g., glass for corrosives, metal for flammables) and
label properly.
• If container has no label and its contents are known, please place a label on the container
clearly stating the contents.
• DO NOT transport chemicals in the passenger compartment of your vehicle. Put them in
the trunk or bed of your vehicle.
If you have questions, please contact: Mason Pierce, P.O. Drawer 305, Lewisville, TX 75057.
Phone. 972-219-1228 Fax: 972-219-7521 Email: ipierce@utrwd.com
DIRECTIONS TO FORT WORTH ENVIRONMENTAL COLLECTION CENTER
FROM LEWISVILLE
(FORT WORTH MAPSCO COORDINATE 66S)
FROM 1-35W: Take 1-35W to Fort Worth. Exit at 1-30 East (toward Dallas). Go past the 820 exit to
the next exit, which is Bridgewood Drive. Take this exit and then turn left (north) at the light onto
Bridgewood Drive. Go to the intersection of Bridgewood Drive and Bridge Street. Turn left on
Bridge Street. The ECC is located at the bottom of the h i l l across the street from the city of Fort
Worth water storage tank.
FROM 121 SOUTH: Take 121 south to Hwy 183 (Airport Freeway). Go west on Hwy 183 until you
reach the 820 south exit. Take 820 south over the Trinity River. The second exit after the river is
John T. White. Take this exit and turn right at the light onto Bridge Street. The Ecc is located at
the bottom of the hill across the street from the City of Fort Worth water storage tank.
c:lfeo\Jason\HHW Voucher#1