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INTERI L AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECII-ION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENTis entered into by and between the City of Fort Worth, 1'exas, a home-rule
municipal corporation situated in Tarrant, Denton, Parker, and Wis,e Counties, Texas,
hereinafter called "'Fort 'Worth," acting by and through Fernando Costa, its dUlly authorized
Assistant City Manager and the City of Hiaslet I hereinafter referred to, as,
"Participating City" and located in Tarrant and Denton County, Texas acting, herein by a,n�d
through Bob Golden, its duly authorized Mavor
(Name) Tiffe)
DELIVERY OF NOTICES
Any notices, requ,illred to be given, under this Agreement shal! be delivered as follows.:
If to Fort Worth,,-,
Michae�l A. Gange, Assistant Director
TPW— Environmental Management Division
City of Fort Worth
1000, Throckmorton
Fort Worth, Texas 7610!2
If to Partic ng City.-
City of Haste
ATTN: Citv Secretarv's Office
10,1 Main Street
Has 76,052
OPERATIONAL CONTACTS
Participating City's Operational Contact Persons:
Designated person Is —David Rogers, telephone number: 817-439-5931 x104
Moibille phone number(24-h,our)where he or she can be reached- 81 7'-3107-02 3
Email Address- droggrs@hasIet.or
_q
Alternate person Is Michael'Theitford telephone number 17-,439-,5931 x107
Mobile phone number (24-hour)where he or she can be reached- 8117-307-02861
Emall�,Address.- mthetford@has,Iet.org,_
Intedocal Agreement—Household Hazardous Waste Program Page 2 of 21
VOUCHER UTILIZATION
The Participating City:
DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
LjDOES NOT wish to use a voucher systenn for its residents visiting the ESC or a mobile
event.
If a voucher system gill 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:
AN; Account§ ea
Name
Department(if applicable)
10 1 M..ain St.
Street Address or PO Box
Haslet, TX 76052
City,State,ZIP
dmanes§,& a jqt rg
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.
WITNESS ETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal
cooperation agreements between and among local governments- and
y
WHEREAS,, Texas Government Code, §791.011 provides that a local government may contract
with another local go ernment to perform governmental functions and services, and
§791.003(3)(H) defines waste disposal as a governmental function and service; and
Inters cal Agreement-Household Hazardous Waste Program Page 3 of 21
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree
with another local government to purchase services; and
HER AS, Fort Worth and Participating City desire to enter into an interlocal agreement
whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and
will administer a household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act,
NIOW 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 Lading lists, the contents of the moblile collection unit.
Environmental Collection Center (ECC) means, the City of Fort Worth TPA
Environmental Management Division facility located at 6400 Bridge Street, Fort Worth,
Texas,1 or is to be used by Fort Worth for the aggregation of household hazardous
wastes that have been brought to the facility by participating cities' households for
subsequent recycling, disposal, and/or reuse,.
Environmental daM@ges means all, claims, judgments, damn es, losses, penalties, fines,
liabilities, (including, strict liability), encurribrances,: 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
otherwisel matured or un-matured; foreseeable or unforeseeable! including without
limitation reasonable attorney's fees and disbursennents and consultant's fees, any of
which are incurred subsequent to the execution of this Agreement as a result of the
handling,, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of waste pursuant to this Agreement, or the existence of a violation of environmental
requirements pertaining, to same, and including without limitation:
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services, of attorneys,, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remed'iation 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 or 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
Interlocal'Agreement—Household Hazardous Waste Program, Pagle 4 of 21
environmental requirements, and including without limitation any, attorney's, f'ees,
costs and expenses, incurred in enforcing th,is, 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, reguirements 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 instrumenta,lities 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 mgjeure 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 cointractor(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 (HH,W) means any solid waste generated in a household by
a consurner which, except for the exclusion provided for in 40 CFR § 261.4(b , would
be classified as a hazardous waste under 40 CF'R Part 2611.
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 Cu(M ) means a non-self propelled vehicle used for the periodlic
collection of household hazardous,waste by Participating City, off-site of the EEC, which
is transported to the ECC to dispose of the household hazardous waste collected at the
mobile collection event. Mobile Collection Unilts 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
Partiej etir fit means the municipality which has entered into this agreement with the
City of Fort Worth.
Partip � ��, when used in the plural, means Fort Worth, Participating City, and
I
all other entities which have entered into i'nterlocal, agreements with Fort Worth, for the
FCC household hazardous waste, collection program.
Person means an individual, corporation,I organization, government, or governmental,
subdivision or agency, business trust partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health
and Safety Code §361.003, and including hazardous substances.
B. Unless a provis,ion in this Agreement explicitly states, otherwise, the following
abibreviations, as used in this Agreement, shall have the meanings hereinafter
designated.
CER,CL,A - Comprehensive Environmental Responsep Compensation,, and Liability Act,
its amendments, associated case law,, and state counterparts.
CPR - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECGI— Fort Worth Environmental Collection Center.
EPA- United, States Environmental Protection,Agency.
HAZCAT- hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response and the training,
certification, and legal requrirements associated therewith.,
H hazardous materials,.
HHW- household hazardous waste.
MCU - Mobile Collection Unit.
TCEQ—Texas Commission on Environmental Quality.
2.
PURPOSE
The purpose of this i'nterlocal agreement (hereafter "Agreement") is the provision of services, by
Fort Worth to Participating City whereby, subject to the terms and conditions specified below,
Fort Worth will administer and supervise a regional household hazardous waste collection
program) which will be available to households within Participating City as described herein.
Intedocal Agreement—Household Hazardous Waste,Program Page 6 of 21
M".WON R.............. main............. .....................
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 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
co�l�lection 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
E 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 hazardouls, waste from households
located within Participating City. Fort Worth shall not accept eon ipressed flammable gas
containers; radioactive materials; explos,ives 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 oir retain personnel to provide the services necessary to perform
Fort Worth's obiligations in this Agreement.
C. Fort Worth wil�l enter into a contract(s) with a waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
I
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 moblile collection event to be operated by Fort Worth
personnel using one of Fort Worth's MCl s or conduct their own mobile collection events,
Interlocal Agreement-Household Hazardous Waste Program Page 7 of 21
Participating u P
sing either City's MC U or Fort Worth's Reserve MC U (as available). State
reg,u,lations require notification to the Texas Commission on Environmental Quality
(TCEQ) at least 45 days prior to conducting the event.
1. Fort Worth Operated, Events:
If Participating City would like to schedule a mobile collection event with the Fort
Worth Mobile Collection Unit, Participating City shall contact the ECCU as soon as
possible for a list of available dates. The time and location shall be agreeable to
both parties. Participating City may schedule one mobile collection event each
contract year. Fort Worth, will file notification of the event with TCEQ as reqUired
by 30 T §335.403-
(a) Scheduling Events,
Fort Worth will begin scheduling mobile collection events for the 2013
calendar year on January 2,1 2013. 'To ensure proper notification to TCEQ,,
events muls,t be scheduled at least siixty (6 0) days ahead of the proposed
date., Participating City ack now ,led ges that Fort Worth contracts with other
municipalities and that Fort Worth r ill be accommodating each
Participating City"s request on a first come first served basis. Therefore,
Participating City acknowledges that its chosen date to schedule a mobile
collection, event may be reserved by another city and Participating City
will, have to theni, choose another date. Participating City will, in no event,
be entitled to any damages or recovery of any costs, except as provided
herein.
(b) Location
If Participating City chooses to, hold the Mobile Collection Event on private
property, Participating City 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 Participating City 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 irnpervious surface.
(c) At the Mobile Collection, Event, Participating City acknowledges and
agrees that Fort Worth shall accept household hazardous waste from the
first 50 households that show proof of residency at the Mobile Collection
Event. After the first 50 households,, Fort Worth will determine in its sole
discretion how much more waste it can accept for proper transport back
to the ECC. If more households arrive at the event than Fort Worth can
accept, Participating City will in no event be entitled to any damages or
recovery of any costs, except as provided herein.
(d) Due to the lack of storage space at the ECC, Participating City
acknowledges and agrees that if it requests the Fort Worth Mobile
Collection Unit at a mobile collectio�n event, a Participating City's MCU
shall not also be at the event.
In'terlocal Agreement-Household Hazardous Waste Program Page 8 of 21
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort
Worth Mobile Collection; Ulnit 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, rnist 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
re,s,id�ent can go to the EC C to dispose of the waste. A map with directions,
to the FCC also will be provided.
2. Participating, City Moblile 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 ofthis 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 MC U 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 1 C to transport HHW to Fort Worth's FCC 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
use. Participating City shall return the Reserve MCU to Fort Worth in a
timely manner and as mutually agreed upon.
(c) Participating City shall be responsible for all property damage, personal
injury or death caused by Participating City's employees, volunteers,
contractors, or agents and arising out of the use of the Reserve MCU
during the term of thils 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 it ity or defense that Would otherwise be available to it
against claims arising in the exercise of gov rnmental powers, and
functions,. By entering into this Agreement the parties do not intend to
create any obligations) expressed or implied, other than those set forth
herein and this Agreement shall not create any rights in parties not
signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees, to perform the following duties in connection with the household
hazardous waste collection program.-
A. Participating City 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. Participating City will coordinate and fund all program, advertising targeted to its own
citizens, as it deems necessary. Such advertising shall include the type of wastes that
will be accepted at the ECC, the requirement of' proof of residency, and weather
cancellation information.
C. Participating City shall notify its residents of the ECC hours, of operation, and dates it is
closed as provided in Section 9 "The Environmiental Collection Center Hour's of
Operation.
C . Participating City may choose to utilize a voucher system for its residents in order for
them to bring H'HW to the ECC. If Participating City chooses to use such a system, it
shall designate so herein, and include a copy of the official voucher. In ad'd'ition, if a
citizen from a Participating City that utilizes a voucher system comes to the ECC or a
mobile collection event without a voucher, Participating City acknowledges and agrees
that Fort Worth will not accept the household hazardous waste until Participating City
authorizes the acceptance in writing.
E. Participating City may submit a written request for a monthly report listing the number of
its city's households that have disposed of household hazardous waste at the ECC or a
mobile collection event.
F. Participating City 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,
Interlocal Agreement-Household Hazardous Waste Program Page 10 of 21
............
the parties shall agree upon the details of the traffic control, signage, and personnel
assistance.
G. 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,Participq�in City 1's MCU or Reserve MCU
1. Participating City, is responsible for proper notification to TCEQ as required by
30 TAC §335.4031.
2. Participating City shall advise the EC C 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; expilosives or potential'ly shock sensitive
materials,- biological,ical, etiologic, or infectious, material a
�s; or ny other wastes that
Fort Worth, has determined are unacceptable.
3. In accordance with the latest DOT requirements, Participating City's MCAU
operators will properly categorize, package, mark, label, and load into the MCU,
gall wastes received at the, mobile colliection 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 recyclablels.
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 MC U operators shall then attempt to identify the material from
its physical characteristics using HAZCAT ana,lysiis 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.rements., After all
the wastes have been properly identified and segregated,, the MC U 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 as 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
6. Prior to transpolrting the HHW from, the collection event site, Participating City's
MC,U operators shall complete a Bill of Lading, and shall keep the Bill of Lading
in the cab of the truck hauling the MCU' during transportation of the HHW to the
ECC. Participating City 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, Participating City'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 CU to the ECC, Participating City's M,CU operators shall
follow the instructions of Fort Worth, regarding the placement of the 1 C for
unloading., Fort Worth shall take possession of the MCU from Participating, City
after the MCU has been properly parked, for unloading in accordance with Fort
Worthi's, instructions and all required documents, have been delivered to the ECC
manager or his designee at the ECG;. Fort Worth shall, within a reasonable
amount of tim e, unload the HHW from the Participating City's MCU and store the
unit at the ECC. After being contacted, Participating City shall pickup their unlit
within 10 days.
9. If Fort Worth, in its sole discretioln, determines that Participating City 11 s! MCC
operators improperly packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating City shall reimburse Fort Worth as
set forth, herein.
10. If a spill emanating from the Participating City's l U or the Reserve MCU occurs
at the ECC while the MC U1 is still in Participating City 11 s, possession, Fort Worth
shall take control, of the spill response and Participating City 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 firmi(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 ""Forth's approval, and to indemnify Fort Worth
and participating cities against any and all environmental' damages, and the viollation 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 salid
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
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW
I niterlocall Agreement—Househiold Hazardous Waste Program Page 12 of 21
........... ......
AND STATE LAW. Fort Worth will arrange for irecyclin g vendors for used oil, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A., From ti are-to-timie 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, fertillizer, 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 ava,iliable. Used antifreeze will have been consolidated in
a, barrel, filteredl 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, 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'sto,red 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 EC,C 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. INDEMIN'IFI'CATION REGARDING, REUSED OR RECYCLED MATERIALS.
1. IN REGARDS 'TO REUSED OR RECYCLED MATERIALS ACCEPTED BY
PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLADS,,
Interlioca,l Agreement—Household Hazardous Waste Program Page 13 of 21
INCLUDING PRODUCTS LIABILITY CLAM S', AND RELEASES,SE'S, A N HOLDS
FIA AML ESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS,
EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH, THEIR PUBLIC AN'D
PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION 'H,I,CH MANY
ARISE BY REASON' OF INJURY TO PERSONS, LOSS OF PROPERTY,, DAMAGE TO
PROPERTY, OR LOSS OF USE OF ANY PROPERTY ,, OCCASIONED BY TI-'II
TRANSPORTATION, STORAGE, AN LING, USE, AND, DISPOSAL
PARTICIPATING CITY OF A NY MATERIALS A CCEPTED
BY PARTICIPATING O CI'T'Y
UNDER THIS AGREEMENT FROM FOIST WORTH.,
2. IF THE PARTICIPATING CITY DOES N01T AGREE TO THE INDEMNIFICATION
AND WAIVER IN PARAGRAPH E ABOVE,p THEN THE PARTICIPATING CITY S.HALL
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 terra 7.E.1., and accept
alternate term 7.E.2.
F. In regards to matcrialls accepted by residents or businesses of Participating Cities,
FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
THAT-
1. the container contents are what the label indicates;
. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
-. the contents of the container have been stoirod properly;
5'. the instructions on the container label for use, storage, and first acid are current cr
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 ulsod without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
G. Participating City shall attempt to inform its residents and businesses that if they go to
the Environmental Collection center to Pick up household hazardous waste for rouse, a
release of liability must be signed to accept the household hazardous,waste for reuse.
Remainder of this page intentl'onally left blank
Interlccal Agreement,—Household Hazardous"waste Program Page 14 of 21
"'°''""" "'""""'""waw.xriiiwwrwwmwNpHYMWYId IY I IlmHHH-IYMMIMMMXIIIIMtlNAtltltltltllMltlIIIIIIIIIIIIIIIIIAAAAAIWIIIIIl0. ..-w 111111 e n ..- mm rvrvrvn mnnnnn m
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 ECCs hours of operation are as follows-
Thursday and Friday 1'1.-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 Ho,liday, Thursday) Friday, and Saturday', November 22-24, 2012
Independence Day, Thitirsday, July 4, 2013
In addition to the above closures Fort Worth employees will not be available to conduct
mo�bli,lie collection events on May 25 and August 31 althoug h the ECC will remain open
on those days. The ECC may close due to furlough days or other causes, and the City
of t=ort Worth does not represent to Participating City that the ESC 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 close ire unless, dine 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.
Inter local Agreement Household Hazardous Waste Program Page 15 of 21
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A, Participating City agrees to pay Fort Worth the sum of$47.00 per household! per visit to
the FCC (or per participating household in a Mobile Collection Event), to dispose of
household hazardous waste. If a Participating City resident presents waste that was
collected frorn multiple households, Fort Worth reserves the right to charge the
Participating City based on the total number of households from which the waste
originated.
B. If Fort Worth determnines that Participating City"s 1 U operators improperly packaged
any of the HHW delivered to the ECC, Fort Worth shall repackage Such waste, and
Participating City 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 Participating City's MCU or the Reserve MCU occurs at the
FCC while the MCU' is still in Participating City's possession, Fort Worth shall take
control, of the spill resploinse and Participating City will reimburse Fort Worth for its
response coasts for City staff time ($60.00 per hour) PILIS 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,
13, and C, shall' be billed to Participating City quarterly. Participating City shall, pay Fort
Worth within 310 days, of receiving a bill from Fort Worth. If Fort Worth does not receive
payment within 310 days, Fort Worth shall inform Participating City in writing that it will not
accept any household, hazardous waste from Participating City's residents and that Fort
Worth will not participate in a mobile collection event or provide a mobile collection unit
until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households
which participated in the program,, repackaging fees, if any, and the total cost of spill
response charged to Participating City, if any.
F. Pursuant to the requirements of Government Code §7'91.01 1 (a)(3), the amount d I ue to
Fort Worth under Subparagraph Di. above shall be paid from revenues currently
available to Participating City in the present fiscal year.
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUD DIIES,"AND PRO,MOTION� AL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Cap tal"n 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.
interlocal Agreement- Household Hazardous Waste Program Page 16 of,
..................
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, hazardOL,IS waste programs. If Participating City wishes to use to
Licensed Art and/or Prot-notional 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 pity acknowl'edges that by virtue
of this License, Participating City acqu,ires 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 proiniotional 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 Participa:ting, 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 agireed, 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.,
Interliocal Agreement—Household Hazardous Waste Program, Page 17 of 21
1 .
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without
cause, upon, thirty 3 days
written notice to the other party. Upon termination,
e parties shall
he released from all contractual' obligations to the other party excluding USE OF `BASTE
DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE"' "REUSE F
COLLECTED MATERIALS" and "ARTWORK, "CAPTAIN CRUD AND HE C DIES," 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 ether
oral or written commitments shall have any force or effect if net contained herelin, except that
this Agreement can he amended or modified by the parties if such amendment or modification is
in writing and :signed by Participating City and Fort Worth.
16..
SEVERA ILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason
he held to be invalid, illegal, or unenforceable, in any respect, such inva,lidi,ty, illegality, or
unenforceability shall not affect any Kotler provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable previsions had never been contained
herein.
17.,
VENUE
Should any action, real or asserted, at law or in e lulit ,.. arise e........ut of the terms and cond tlons of
this Agreement, venue for said action ,shall be in Tarrant County, Texas.
18.
AUTHORITY
This Agreement is made for Fort Forth and Participating City 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 ether that any necessary resolutions extending, such authority
have been duly passed' and are now in full' force and effect.
interiocai Agreement -Household Hazardous'!ante Prograrn Page 18,of 21
SIGNATURE PAGE'
INTER LOCAL AGREED ENT FOR PARTICIPATION IN FOR WO,RTH'S
ENVIRONMENTAL COLLECTION CENTER,, HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH CITY OF HASLET
By- By:
I�,,Zmrfi: vu
`i5rinte d: name B
- ob Golden
Fernando Costa I
Assistant City Mar 1 r Tale; Mayor
Date: (w March 18, 2013
- Date.
APPROVED AS TO FORM APPROVED AS TO, FORM
AN�D LEGALITY' AND Lr-/-,%A,LITY:
W'NL�
Arthur N. Bashor :C* City Attorney Rob Allibon
Assistant City Attorney
0
ES
ATTEST. T
fr
06
ICY,
Aary J. Ka m City Secretary Dianna Buchan'an
City S,ecreta
of&,
ISM
Contract Ruth rization
Date
S
Intedocal Agreement—Hou!seho1 d Hiazardous Waste Progra Page oFnwa RECORD 19 o f 21
R 0"ID
y
AR
EC]
CITY SOCRETARY
JrH I
frpA V VIORTHo TX
Exhibit "'A"'
RESTOCKING L,IST' FOR, T 'LE COLLECTION UNIT
Material Amount Rest,oc Special Needis Remarks
55 gallon open top Amount taken off the
drums (open top for trailer
loose packsL_' ...........
55 gallon drums (closed' Amount taken off the
top) (oil, antifreeze, bulk trailer
flammable mateiria,ls
and one ex
Fiber drums (551 or 30 Amount taken off the
gallon)Aerosols) acids, trailer
bases and oxidizers
Gaylord box limners.._ Amount taken off the
trailer
55 gallon drum liners Amount taken off the
trailer
5 gallon buckets Am lLint taken off the,
(f'iltersi/haz chernical trailer
Survey Forms Amoun a�ken off the
trailer
Labels/drums placard Amount taken oiff the
trailer
Gaylord boxes Amount taken off the
trailer
Absorbent pads Amount taken oiff the
trailer
Vermiculite Amount taken off the
--Ljra'i.ler
Oil dry Amount taken off the
trailer
Promotional Materials & Amount needed
L Brochures,
Interloical 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 City of W:-( to allow a moibiille collection
event on my property to collect household hazardous waste on the 20
I 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
colllection, event, in which the City of Fort Worth s,ends 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
Page 21 of 21
Interlocal Agreement- Household Hazardous Waste Programi
Review rage I of 2.
Official< :e of the City of Fott Wotth,Texas
C qr"Twv FORTMITH
COUNNNCNOIL AGENDA
COUNCIL ACTION: Approved on 8/21/2012
REFERENCE, 20ENVII R COLLECTION, CENTER
DATE: 8/21/2,012 r **C-25791 LOG NAME ILA F 2013 PARTICIPATING
TINE
NI O.* ENTITIES
CODE-* C TYPE.-I CONSENT PUBLIC NO
S 'ECT: Authorize Intorlo al Agreements, with Various Municipalities and other Governmental
Entities for Participation in the Environmental Collection Center Household Hazardous
Waste Program (ALL COUNCIL DISTRICTS)
It is recommended that the City Council' authorize the City Manager to execute Intorlooal Agreements
with various municipalities and other governmental entities for their participation in the Environs ental
Collection Center Household Hazardous Waste, Program.
ISCUSSlollO-
The, City's, Environmental Collection Center is now in its 1 5th, year of operation collecting householid
hazardous, waste from the residents of Fort Worth, and surrounding communities on a year round
basis. In order for non-Fort "'Forth, 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 those Agreements October 1, 2012, through,
September 30, 2013 is $47.00 per household. It is anticipated that approximately 00,000.00 will he
collected under these Agreements. During Fiscal Year 2012, 47 entities signed participation
Agreements with the amity of Fort''worth. For the, upcoming year, it is expected that all of these
entities will participate.
This Agreement outlines the responsibilities of each arty, establishes the route for participation,
details procedures for loan of mobile collection unit, and delineates the usage of service marked
public education material's. The City of Dort Worth is responsible for overall operation of the center
including contracting with e hazardous waste disposal company for transportation and disposal of
m ateri als colllected. The following entities are, expected to execute an Agreement to participate for the
period October 1, 2012, through September 30, 20130
Arlington Flood County Saginaw
Azle Hurst Sherman
Bedford Johnson Counter Southiake
Benbrook Keller Stephenville
Burleson Kennedale Tarrant County
Cedar Dill Lake Worth Tarrant Regional Water District
Cleburne Lakeside Trophy Club
Colle ville Mansfield Upper trinity Regional "teeter District
trict
Crowley Midlothian Watauga
Euless North Richland Hills Waxahachie
Glenn Heights oak Leaf Weatherford
Godley Pantegio Westlake
Grand Prairie Parker Counter Westover Dills
ttp: p s f ct.or a a i _pac .et � rev* 91D=17241 council date=8/21/2012 9/27/2012
MC Review Page 2 of 2
Grapevine Richland Hill's Wentworth Village
Haltom City River O�alks 'White Settlement
Haslet Roanoke
FISCAL INFORMATION/ClERTIFICAOnOW
The Financial' Management Services Director certifies that the Transportation and' Public Works
Departmentis rels,plonisiblle for collection and deposit of the funds due to the City.
T01 Fund/Account/Ceiiters FROM Fund/Account/Centers
R103 488220 0201100 $700,000-00
Subm"Ifted for City M�anacter"s Office b ,- Fernando Costa (6122)
Ori*ginatI4 i ng Department Dead-I Douglas Wi,e�rsig (7801)
Additional Inforniation, Contact.*. Michael Gauge (65,69)
ATTACH!M'ENT'S
http://apps-cfwnet-org/'councll_packet/mc—review.asp691D=17241&counc'lldate=8/21/2012 9/27/2012