HomeMy WebLinkAboutContract 44329 CITY SECAARI
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CONT
INTERLOCAL AGREEMENT FOR PARTICIPATION IN' FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE, PROGRAM,
FY2013
DALWOR,THI'NGTON GARDENS
0 OFFICIAL FFI RECORD
CITY' SECRETARY
FTm WORTHJX
RECEIVE9 MAR 2 9
t
�INTERL RAE ENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
'THIS AGREEM EDIT I's entered into by and between the City of Fort Worth, Texas, a home-rule
municipal corporation situated in Tarrant, Denton, Parker, and is Counties,, Texas,
hereinafter called "Fort Worth," acting by and through Fernando Costa, its duly authorized
Assistant City Manager and the City ofi`�I UA
6 m., hereinafter referred to as
"Participati,ng City'l and lo ted in luilm-f- County, Texas acting herein by and
its duly authorized
through ....... _Te3i c7z/
(Name) Ti
DELIVERY OF'NOT'ICES
Any notices required to,be given under this Agreement shall be,delivered as follows,
If tio Fort Worth:
11 ,
is aol A., Gange�,Assistant Director
TI`W-Environmental Management Divilsiloin
City of Fort'Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating Cit
rV
mar ntl
A
ILI
OPERATIONAL CONTACTS
91
Participating City's Operational Contact Persons,
Designated,Pierson is: j2j, ?&'74 e1e,ph n L r) Anumber: L17_21
Mobile phone number 14-hour w ere he or she can be reached.- -7- I
Email Address,: I_0� o
telephone nu�mber- 2,27::�L 2,31
Alternate Person is
Mob"Ie phonle number(24-140ur) or-10'i can be reached. :ZkZ- 270,
Of 45/iOA�!
Email Address.
Interlocal Agreement-Household Hazardous Waste Program Page 2 of 21
VOUCHER UTILIZATION
'The P cipating 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,system for 'its residents visiting the ECC or a mobile
event.
If a voucher system will be used only residents with an official voucher provided by Participating
I I
City will, be allowed to drop walstes off at the ECC or at m�obille evenits, 'in Participating City. A
copy of the official voucher must be attached to this agreement.
INVOlICE DELIVERY
invoices,to Participating City shall be delivered to:
Name
Department ply bled
Street,Address or PO Box
City,State,ZIP
em,ail address for billing questions and correspond ff�
Participating City shall notify Fort Worth in writing if the above contact information changes
during,the to of this Agreement.,
WITNESSETH
'WHEREAS, Texas Government Code, Chapter 7911, authorize�s the formulation of interlocal
cooperation agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.1011 provides that a local government may contract
I
wilth another local government to perform governmental functions and services, and
791. 1 3(3)(H)defines waste disposal as a govemmental function and service,- and
Interlocal Agreement—Household Hazardous Waste Program Page 3 of 21,
WHEREAS, 'Texas Government Code, §7 .025 provides that a local government may agree
with another local government to purchase services; and
WHEREAS, 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 programl 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.
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 lists the contents of the mobile collection unit.
Environmental Collection ,Center (ECC) means the City of Fort who 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 cities,' households for
siubsequenit,recycling, disposal, and/or reuse.
Environmental dafflages means all claims,judgments, damages, losses, penalties, fines,
liabilities (includiiing strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of puny 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:
Damages for personal! injury and death, orinjury to property or natural resources-
W I
(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
Interlocal Agreement—Househol!d,Hazardous Waste Program Page 4 of 21
environmental requirements, and including without limitation any attomey'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.
Enw iro urnpn Sul re uirernents mean, all applicable present Fund future statutes,
regulations, rules, ordinances, codes, llicenaes, permits, orders, approvals, phone,
authorizations, concessions,franchises, and similar items, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of' the United States,
states, sand political subdivisions thereof Fund all applicable Judicial, administrative, and
regulatory decrees,judgments,, and orders rebating 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 rernediation 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 mature, into the air, surface grater, groundwater, storm
water, or land, or rebating to the manufacture, processing, distribution, use,
treatment,, storage, disposal, transport, or handling,of pollutants,, contaminants, or
hazardous or toxic substances, material's, or writes, whether solid, liquid, or
gaseous in nature; Fund
b
All requirements, pertaining to the protection of' the health and safety of
employees or,the public..
Fo�rcrneuuuu rneana decrees of or restraints by a �orernnental in�trurnentality other
than, the Parties, pacts of'God, work stoppages due to labor disputes or strifes, failure of
Fort Worth',s contractor(s) to perform pursuant to their agreements with Fort Worth for
the conduct of the, collection household hazardous waste, fires, explosions,
epidemics, floods, extreme weather, dots,, war, rebellion, and sabotage.
you ehold h u rdo.1js was UeHUWJ,means any solid waste generated in a household by
a consumer which, except for the exclusion provided for in 40 CFR § 261.4 b 1 , would
be classified as a hazardous waste under 4,0 CFR Part 261.
Mani fes means the uniform hazardous rite manifest form(s) that must accompany
shipments of municipal hazardous,waste or Class 1 industrial solid waste.
l" o ke collection event means a household hazardous waste collection evert by
Participating City"utilizing a mobile collection unit.
Mobile Collection Unit 1' means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off-site of the ECC, which
is transported to the ECC to dispose of the household hazardous waste collected at the
mobile collection agent. Mobile Collection Units owned by Port Worth are d'esigned to
hold the hazardous waste of approximately bo to 75 households.
linterlocal Agreement- Household Hazardous Waste Program Page 5 of 21
Eartici2:at,i,ng CL means the municipality which has,entered into this agreement with the
City of Fort Worth.
Partic!p@ILnA Entities.when used in the plural, means Fort Worth, Participating City, and
all other entities,which have entered into interlocal agreements with Fort Worth for the
E household hazardous waste collection program.
pn means an individual, corporation, or 9 an,ization, government, or governmental
subdivision or agency, business trust, partnership, association,or any other legal entity.
has the same meaning as "solid waste" as that to is defined in Texas Health,
and Safety Code §361.003, and including hazardous substances.
B. Unless a pr vision in this Agreement explicitly states otherwise, the following
abbreviations, as used in this Agreement, shall have the meanings hereinafter
designated.
CERCLA - Com,pre hens i've Environmental Response, Compensation, and Liability Act,
Its amendments, associated,case law, and state,counterparts.
CPR-card lo+ pullmona ry resuscitation.
DOT-United, States Department of Transportation.
ECC—Fort Worth, Environmental,Collection Center.
EPA- United States Environmental Protection Agency.
HAZCAT- hazardous categorization.,
HAZWOPER -,hazardous waste operations and emergency response and the training,
certification, and legal requirements associated therewith.
HM-hazardous materials.
household' hazardous waste.
Mobile Collection Unit.
CE, —Texas Commission on Environmental Quality.
2.
PURPOSE
The purpose of this interlocal agreement (hereafter"Agreement") is the provision of services by
00.
Fort Worth to Participating, City whereby, subject to the terms and conditions SpeCITIed, below,,
Fort Worth will admin,ister and supervise a regional household, hazardous waste collection
program,which will be available to households within Participating City as described herein.
Interlocal Agreement-Household Hazardous Waste Program Page 6 of 21
3"
TERM
This Agreement shall be effective from October 1,2012 or the data the last party has signed this
Agreement, whichever is later, through September 301, 2013 however the duties and
responsibilities of the Parties for events which occurred during the to of the contract shall
survive. If Participating City has mobile collection, events scheduled during the months of
October through December 2013 and this Agreement has not been renewed by the end of the
regular term, this agreement shall be extended on a month, to month basis until the mobile
collection events have been compl!eted or cancelled by Participating City.
4.
SERVICES OF FORT WORTH,
Fort Worth agrees to perform the following services for, Participating City in connection with the
ECC household hazardous waste collection program:
A. Fort Worth will administer a regional househ�oild hazardous waste collection program.
Th�is program will 'Include the operation of the Environmental Collection Center, which
will accept for disposall and/or recycling household hazardous waste from households
located within Participating City. Fort,Worth shall not accept compressed flammable gas
containers; radioactive materials;;: explosives or potentially shock sensitive materials;
biological, etiologic,, or infectious materials;wastes from businesses, or any other wastes
that Fort Worth has determined,are unacceptable.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform,
Fort Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and'or reuse
of household hazardous waste that is collected at the ECC, or during mobille, 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 Ear nta
Participating City may schedule a mobile collection event to be operated by Fort Worth
personnel' using one of Fort Worth's MCUs,or conduct their own mobile collection events
Interlocal Agreement--H'ousehold Hazardous Waste Program Page 7 of 21
ither Participating Cr ty's MCU or Fort,Worth's Reserve MCU (as avallable). State
using ei
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 Participating City would, like to schedule a mobile collection event with the Fort
Worth Mobile Collection Unit, Participating City shall contact the ECC 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 TAC §335.403.
(a) Scheduling Events,
Fort Worth will begin scheduling mobile collection events for the 20,13
calendar year on January 2, 2013. To ensure proper notifi cation to'TCEQ,
events must be scheduled at least sixty (60) days ahead of the proposed
date. Participating City acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will 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
coillectioln event may be reserved by another city and Participating City
will have to then 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 Mobi,le 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 impervious 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 Collilection
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 darnages or
recovery of any costs, except as provided herein.
(d) Due to the lack of storage spa ce at the ECC, Participating City
acknowledges and agrees, that If it requests the Fort Worth Mobile
Collection Unit at a mobile collection event, a, Participating City's MCU
shall not also be at the event.
Interlocal 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 Unit to Participating Clty'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 "Olperational Contact" by the Participating City and shall attempt to
send a Fort Worth employee to the Participating City's event to tell any
residents that come to dispose of household hazardous waste that the
Fort Worth Mobile Collection Unit will not be coming to the event, but the
resident can go to the EEC to dispose of the waste. A map with directions esi
to the EEC also will be provided.,
2. Participating City Mobile Collection Unit.*
(a) Fort Worth agrees to accept household hazardous waste from mobile
collection events conducted by Participating City using Participating City's
MC U in accordance with the terms of this Agreement.
(b) Fort Worth agrees to restock the items it,removes from Participating Clity's
IVICU, 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 MC U free of'charge for use in
a Household Hazardous Waste collection event when available. Participating City
may use the Reserve MCU to transport H,H,W to, Fort Worth's ECC or another
collection center that may lawfully receive HHW. Participating City shall provide
Fort Worth with a written request, facsimile or e-mail at,least sixty (60)days prior
to, the event date for which the request is made. Fort Worth $hall have sole
determination whether the Reserve MC U is,available for use by Participating City
and shall; notify Participating City as soon as, i's 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 HHIW Collection Event.
Prior to issuance of the Reserve MC U, a pre-tri
use. Participating City shall return the Reserve MiCU: 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 M:CU
during the term of thi's Agreement.
(d) It is expressly understood and agreed that, in the execution of this
Agreement, neither of the parties waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available, to it,
against claims arising in the exercise of governmental powers and
functions. By entering into this Agreement the parties do not intend to
create any obligations, expressed or implied, other than, those set forth
herein and this, Agreement shall not create any rights in parties not
signatories hereto,
5.
DUTIES OF 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
I A
wi�ll be accepted at the ECSC, the requirement of proof of residency, and weather,
cancellation infor-matioln.
C. Participating City shall notify Its residents of the ECC, hours of operation andl dates, it Is
closed as provided in Section 9 "The Environmental Collection Center Hours of
Operation."'
D. Participating City may choose to utilize a voucher, system for its residents in order for
them to bring HHW 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 addition, if a
citizen from a Participating City that utilizes a voucher system comes to, the EC,C or a
mobile, collection event without a voucher, Parfic1pating City acknowledges and agrees
that Fort Worth wlII not accept, the household hazardous waste until Participating, City
authonizes 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 EC C 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,
4
containers)on site duning a mobile collection event.
L Mobile Collection Events using Partici2ating C!!y's MC,U or Reserve
I Participating: City is responsible for proper notification to TCEQ as required by
30 T §3351.403.
2. Participating City shall advise the ECC,at least 7'2 hours, in advance of its mobile
collection events. Participating City shall collect only HHW during a mobile
collection event. Wastes from commercial, agricultural, and industrial sources
shall not be accepted. Participating City shall not accept compressed flammable
gas, containers', radioactive materials,, explosives or potentially shock sensitive
materials; biological, etiologic, or infectious materials; or any other wastes that
Fort Worth has determined are unacceptable.
I In accordance with the latest DOT requirements, Participating City's MCU
operators will properly categoinzel,, package, mark, label, and load into the MCU,
all wastes received at the mobile collection event. Recyclable products (used oil,
used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and
fluorescent lights)will be segregated into containers for recyclables.,
4. After accepting wastes, Participating City's, MCU operators shall thoroughly
check each container for proper labeling and identification. If a container is
properly identified, the material will be segregated according to hazard class and
prepared for packaging. If a container does not have adequate labeling to permit
identification, the MCU operators shall then attempt to identify the material from
its physical characteristics using HAZGAT analysis and from Information provided
by the household presenting the waste.
5. The Participating City's MCU operators shall package all hazardous materials in
accordance with U!nited States Department of Transportation (DOT)
requirements, United States Environmental Protection Agency (EPA)
requirements, and all other applicable federal and state requirements. After all
the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes,for compatibility,, list them on the container content sheets,
and pack them into drums. Oil-based paints, and latex paints shall be bulked
separately in 55-gallon drums, or if the paint is left in its container, the paint can
be packed in a lined cubic yard box, and packed and labeled according to federal
and state regulations. Participating City shall not transport waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements,to dispose of
any non-HHW waste,collected at the event.
i
Interlocal Agreement—Household Hazardous Waste Program Page 11 of 2,1
6. Prior to transporting the HHW from the collection event site, Participating Citys
�CCU 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
truick.,
7. During transportation,! Participating City's MCU operators shall pla rd the MCU
for transportation of hazardous waste in accordance wfth federal and state law.
8. Upon the return of the MCU to the ECC, Participating City'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 Participating CITY
after the MCU has been properly parked for unloading in accordance with Fort
Worth's instructions and all required documents Ihalve been delivered to the, ECC
manager or his designee at the FCC. Fort Worth shall, within, a reasonable
amount of time, unload the HHW from the, Participating City's MCU and store the
unit at the ECC. After being contacted, Participating City shall pickup their unit
w�ithlin 10 days.
9. If Fort Worth, in its sole discretion, determines that Participating City's CCU
operators,improperly packaged any of the HHW delivered to the FCC, 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 MCU or the Reserve MCIJ occurs
at the FCC while the MCU is still in Participating City'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 WAS TE DI'SIPOSAURECYCLING 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 cities 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, ands 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 ornission: of contractor, its
officers, agents, employees, or subcontractors, or the joint act or ornission, of contractor,
its offi cers, agents, employees, or subcontractors and any other person or entity.
C. THE PARTIES, RECOGNIZE, THAT ALTHOUGH 'THE FIR S) WILL BE REQUIRED
TO ASSUME, GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW
Interlocal Agreement-Household Hazardous Waste Plrog�raim Page 12 of 21
AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries,
antifreeze, and other materials, as it deems appropdate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fort Worth will make available to residents and businesses of Fort
Worth, as well as, Participating City and residents and businesses of Participating City
for their use, collected household hazardous waste materials that are sulitalb,le for reuse,
such as paint, fertilizer,, motor oil, and antifreeze. Fort Worth shall not charge for any
materials that are picked up for reuse.
B. Some materials made, available, for reuse may have been consolidated and filtered by
Fort Worth prior to being made available. Used antifreeze,will have been consolidated in
a, barrel, filtered, and', PH balanced, and new antifreeze may have been added to the
barrel.
C. In regards to materials accepted by Participating City, its employees, residents, or any
other person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR
GUARANTIES THAT'.-
1. the container contents are what the label lndicates-
f
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 properl'y,
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 dsk to persons,, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED. PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF
THESE TERMS,AND CONDITIONS.
D. Participating City shall contact the ECC manager to arrange a pickup time to obtain
mated als. Participating City agrees that it shall not return to Fort Worth, directly or
indirectly, any materials it obtains from Fort Worth under this paragraph.
E. INDEMINIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY
PARTICIPATING CITY, PARTICIPATING CITY' DOES HEREBY WA,[VE ALL CLAIMS,
Intedocal Agreement—Househaolid Hazardous Waste:Program Page 13 of 21
INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS
HARMLESS THE CITE""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, UITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY
ANISE BY REASON OF INJURY TO , LOSS OF PROPERTY, DAMAGE TO,
PROPERTY, OR LOSS OF USE OF ANY PROPERTY , OCCASIONED TH E
TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY
PARTICIPATING CITY OF' ANY MATERIALS ACCEPTED BY PARTICIPATING CITY
UNDER THIS AGREEMENT' FIR I FORT WORTH.
2. IF THE PARTICIPATING CITY DOES, NOT AGREE TO THE INDEMNIFICATION
AND WAIVER IN PARAGRAPH E ABOVE, THEN THE PARTICIPATING CITY SHALL
NOT ACCEPT.- NOR ALLOW OW ANY OTHER PERSON TO ACCEPT ANY OF THE
REUSED OR RECYCLE91 MATERIALS AND SHALL L T BE REQUIRED TO AGREE
TO THE WAI'VER IN PARAGRAPH E. Initial hare to reject term 7.E.1. and
accept
alternate terra 7.E.2. 0
F. In regards to, materials accepted by residents or businesses of Participating ities,
FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
THAT
the container contents are at the label indicates,
2. the container contents are throne onginally placed into the container by the
manufacturer,
3. the product its of the quallity intended'for its use,
4. the contents of the container have been stored properly,*
b. 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 ct n be used without risk to, persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
D.
G, Participating City shall attempt to 'Inform its residents and businesses that if they o to
the, E,rnviroini mental Col�leotiorn Center to pick Grp household hazardous waste foir reuse, a
release of liability must be signed to accept the household' hazardous waste for reuse.
Remainder of this page intentio ally left blank
Ilrrterllocal Agreement—Household Hazardous Waste Program Page 11 of'2 11
8.
RIGHT TO REFUSE WASTE
Participating City a:g�rees that Fort Worth shall have the night 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
"d'ient of Participating City*
resi I I
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+ PERATIO,N
A. Hours,of Operation
During the term Iof the Agreement, the ECUs hours of operation are as follows.
Thursday and Frildialy 11'-00 a.m,. --7.00,p.mi.,
Saturday 9:00,a.m. --3-000 porris
B. Days the Environmental Collection Center will be closed'
During,the to 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*.
Than ksgi'ving Holiday, Thursday, Fdday, and Saturday, November 22-24, 20112
Independence Day, Thursday, July 4, 2013
in addition to the above closures Fort Worth employees will not be availlable to conduct
mobile collection events on May 25 and August 31 although the ECC will remain open
on those days. The ECC may close due to furlough days or other causes, and the City
of Fort Worth does not represent to Participating City that the ECC will he open on any
particular days. If additional closures due to any cause are necessary Fort Worth will
notify Participating City prior to the closure unless due to an unforeseeable event.
C. Notifying Residents
Participating City agrees to notify Its residents of the ECC's, hours,of operation and dates
it will be closed. Participating City also, may advertise the 24-hour Environmental
Collection Center telephone number.- (817)871-5257.
Interlocal Agreement--Household Hazardous Waste Program Page 1 5 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$47.001 per household' per visit to
the ECC, (or per participating household in a Mobile Collection Event) to dispose of
houlsehold hazardous waste. 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 whi�ch the waste
originated.
B. If Fort Worth determines that Participating City's MC U operators improperly packaged'
any of the H'H'W delivered to the ECC, Fort Worth :hall repackage such waste, and
i
Participating City shall reimburse Fort Worth for its staff time at$20.010 an hour and the
at of supplies.
C. If a spill emanating from the Participating City's MCU or the Reserve MC U occurs at the
ECC while the MCU is still in Participating City's possession, Fort Worth, shall take
control of the spill response and Participating City 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 rernediation 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 Participating City quarterly. Participating City 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 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 and of the, term of this Agreement, Fort Worth shall provide a final accounting to
I �
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 §791.011 (a)(3), the amount due to
Fort Worth under Subparagraph, D. above shall' be paid from revenues currently
available to Participating City in the present fiscal year.
11.
ARTWORKj "CAPTAIN CRUD AND THE CF UDDIES,"AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cru,ddi'es "Bloomer," "Otto,"' "Pestie,
"'Scrub,'I 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 2,1
nro
A. Fort Worth hereby grants to Participating City a non-transferable,, non-exclusive license
to use all the artwork and promotional materials that may be provided, by Fort Worth to
be used solely in the conduct of the business of Participating: City's disposal and
recycling, of household hazardous waste programs. If Participating City wishes to use to
Licensed Art and/or Promotional Materials in other l�i'mited situations, Participating City
must first obtain express written consent from Fort Worth.
B. Fort Worth may provide licensed' Artwork and Promotional Materials,to Participating City
pursuant to the terms of this Agreement. Participating City ackno rwledges that by virtue
of this License, Participating City,acquires,only the right to use the original and permitted
duplicate copies of the Licensed Artwork and, Promotional Materials and does not
acquire any nights of ownership in the Licensed Artwork and Promotional Materials,,
which rights shall remain exclusively,with Fort Worth. If Participating City wants to modify
or change the artwork and/or promotional' materials in any manner, Participating City
hereby agrees to contact Fort Worth in writing to obtain written consent before modifying
or changing any artwork and/or promotional materials.
C. If Participating City desires an actor to portray "Captain Crud"for an event, Participating
City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating City shall be solely responsible for
compensating actor for the services provided to Participating City. Participating City will
contact Fort Worth as soon as possible with the date and time of the event agreeable to
both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" costume for its events., Fort Worth will provide the "Captain Crud"
costume. However, Participating City agrees to be Iable to Fort Worth for any damage to
the costume or if Participating City fails to return the entire costume to Fort Worth or if
the costume is not returned in the same:condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement,, none of the
Participating Cities waives, nor shall be hereby deemed to w i
aive,, any mmunity or defense that
I
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 ref' Fort 'Worth and not due to, its fault or negilligence.
Participating City shall not have, and hereby waives,, any claim whatever for any damages
resulting from delays or failure to perform caused by a force majeure event.
Interlocal Agreement—Household Hazardous Waste Program Page 1 7 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 terminationI the parties shall
be released from alli contractual obligations to the other party excluding "USE OF WASTE
DISPOSAL I' FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" "REUSE OF
COLLECTED MATERIAL S it and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDiES,If AND!
"PROMOTIONAL MATERIALS, LICENSE AGREEMENT" and any terms and conditions an's,ing,
from events occurring during l the to 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 Participating, City and Fort Worth.
16.
SEVERABI,LITY
In the event any 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
unienforceability 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 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 other that any necessary resolutions extending such authority
have been duly passed and are now in full force and effect.
I'nterlocal Agreement-Holuisehold Hazardous Waste Program Page 18 of 21
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORTWORTHIS
ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HIAZARDOUSWASTE PROGRAM
CITY OF'FORT WORTH CITY OF DALWORTHINGTON GARDENS
By: By..
Fernando Costa, Pri name,,
3' �.ffiw
Assistant Ci M er T* e.-,
a
Date: Of U/ ate:
APPROVED AS TO F'ORMI APPROVED AS TO FORM
AND LEGALITY EGALITY-.
01
0,000-
Arthur N. Bas,hor xv ct Attorney' t&t City Attu ey
A yi ssis n
Assistant City Attomey
ATTEST: TEST.
wo(A00 A0:*
AO'
J.
Kai Sc"
City Secreta .7 J
c
Contract I hoI za Won
Date
Int,erlocal Agreement—Household,Hazardous Was( Page 19 of 21
OFFICIAL RECORD!
WTY SECRETARY
FT61 V91010H,arx,
xhibit
RESTOCKING LIST FOR THE MOBILE C NIA
Maten"all Amounlit Restocked Special Nude Remarks
5 gallon opera top Amount taken off the
drums, open top for trailer
loose ack
55 gallon drums closed Amount taken off the
top) 1l,antifreeze, bulk trailer
flammable materials
and one ex a moo o
Fiber drums 55 or 310 Amount taken off the
gull Aerosols, acids, trailer
bases and oxidizers
Gaylord box liners Amount taken of the
l 1 trailer - 10
55 gallon drum liners Amount taken off the
trailer
gallon buckets Amount taken off the
filter haz the i i� trailer
Survey Forms, Amount taken off the
trailer
Labels/drum placard Amount taken oiff the
trailer
,Gaylord boxes Amount taken off the
trailer
Absorbent pads Amount taken off the
trailer
V" icu lute Amount taken!of the
trailer
Oil dry Amount,taken of the
trailer
Promotional l lu utedals,& Amount needed
Brochures
intedocal Agreement—Household Hazardous s Waste Program Page 201 of 2
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' to allow a mobile collection
event on my property to collect household hazardous waste on the 120
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 went.
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 offi cers, agents, and/or employees for any and all claims, demands, liability, causes of
action, actions or suits of any character that 11 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 anises or that arises
from allowing the City of to hold a household hazardous waste
collection event, in which the City of Fort Worth sends its mobile collection unit on my property.
I have read this Waiver and Release and fully understand its terms and conditions,. I have not
been Influenced in any extent whatsoever by any representation or statements not contained in
this Agreement.
Signature Date
Witness Date
Interlocall Agreement-Household Hazardous Waste Program Page 2 1 of 21
City of Dalworthington Gardens
y
2 600 Roosevelt Dr., DWG, X 76016
817--27 .-- 8
�di
HiAZA,RDOUS WASTE VOUCHER
This voucher is good for one trilp the Ft, Worth Environmental llec io Center, for
the recycling of household hazardous material,
16400 Bridge Street
Ft. Worth, TX 7'6112
(817)871-51257
es'de Name & Address, Paid:� 4 e ei
ate:
City Employee Signature
&C-Review .fags t o '2
O fidal site of the City of Fort Wort,Texas
CITY COUN("OIL AGOENDA
FoRT WORTH
COUNCIL ACTION: Approved on 8/21/2012
REFERENCE 20ENVIR COLLECTION CENTER
DATE: 8/21/201 **C-25791 LOG H ME ILA FY2013 PARTICIPATING
ENTITIES
CODER C TYPE.- CONE PUBLIC NO
HEARING,:
SUBJECT: Authorize Intorlooali Agreements with Various, Municipralities 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 Interlooal Agreements
with various municipalities and other governmental entities for their participation in the Environmental
Collection Center Household Hazardo us "Waste Program.
The City's Environmental Collection Center is now in its 1 5th year of operation collecting household
hazardous waste from the residents of Fort Worth and surroundings communities on a year round
basis. In order for non-Port Worth residents to participate at the center, each entity is required to
enter into an Interlocal Agreement with the City of Port Worthi.,
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 $ will be
collected under these Agreements. During Fiscal Year 20121 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 ,Harped
public education materials. the City of Fort Worth is respoinsibile 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, 2011
Arlington Hood County Saginaw
Azle Hurst Sherman
Bedford Johnson County Southlale
Benbroo . Feller Stephenville
Burleson Kennodale Tarrant Count'
Cedar Hill Lake ""olrth Tarrant Regional Water District
Cleburne Lakeside Trophy Club
Col'loyvillo Mansfield Upper Trinity Regional Water District
Crowley Midlothian Watauga
Euless Forth Richland Hills Waxahachie
Glenn Heights Oak Leaf Weatherford
Godley Pante o Westlake
Grand Prairie Parker County Westover Hills
http://appis.cfwnet.org/council—Packet/mc—review.asp.91D=17241&cc clidate= 2 t/201 2 x/27/2 t
M&C . evi ew Page 2 of 2
Grapevine Richland Hills Wes,tworth Village
Haltom City River Oaks White Settlement
Haslet Roanoke
FISCAL INFORMATION/ClERTIFICATION,
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for collection ianid, deposit of the funds, due to the City.
TO F'und/Accoun�t/Centers FROM Fundl/AccounVCenters
R103 8,8220 0201100, $700,000,00
Submitted for CRY Mana-ger's Office b,y-
F rnando Costa (6122)
0rIg Ina tI*ng Department Head. Douglas Wiersig (7801)
Add'ttiionali Information Contact: Michael Gange (615691)
ATTACHMENTS
http-,//,apps. wnet.org,/council_packet/mc—review.asp.91D—17241&council date—8/2 1/2012 9/27/2012