HomeMy WebLinkAboutContract 40999 CITY SECRETARY
CONTRACT NO,
INTE L CAL AGREEMENT FOR PARTICIPATION, IN FORT WORTH'S
'S
ENVIRONMENTAL COLLECTI ON CENTER
HOUSEHOLD HAZARDOUS WASTE= PROGRAM
OFFICIAL RECORD
7no n]
CITY SECRETARY
IN�TER,LOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HI OUSEH LD HAZARDOUS WASTE, PROSRAM
THIS AGREEMENT is entered into by and between the City of Fort,Worth, Texas, a home-rule
munlicipal corporation situated in Tarrant, Denton, Parker, and 'Wise Counties,1 Texas,
hereinafter called "Fort 'Worth," acting by and through Fernando Costa, its duly authorized
Assistant City Manager and the City of Coll evville hereinafter referred to as
"Participating City" and located in Tarrant County, Texas acting herein by and
through Jen�niifer Fadden its duly authorized Ci,ly Manager
(Name) (Title)
DELIVERY OFINIOTICES
WSIN
Any, nofices requked!to be given under this Agreement shall be delivered' a�s follo
If to Fort WoIrth-
Michael A., Gange, Assistant Dire,ctor
TPW— Environmental Services Di lsion
City ofort Worth
11 OOO Throckmorton
Fort Worth, Texas 76102
If'to Pg!jlcipatin
City of Coilleyvillle
Jennifer Fadden, City Manager
1010, Main, Street
Colleyville, TX 76034
OPERATIONAL,CONTACTS
Participating City's Operational Contact Persons:
Des,ignated person is: Jimmy Brock telephone number.- 817.540.016,09
Mobile phone number(24-hour)where he or she can be reached: 817.247.0951
Alternate person, is Jennifer Fadden telephone number. 817. .1116
Mobile phone number(24-hour)where he or she can be reached- 8,17.504.3452,
Interlocal Agreement—Household Hazardous,Waste Program Page 2 of 21
VOUCHER UTILIZATION
The Participating City,:
DOES wish to use a voucher system for its residents v,is ng the ECC, or'a mobile event".
i
DOES NOT is 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 vouch provided by Plart,iciplating
City will be allowed to drop, wastes off at the EC C or at mobile events in Participating City. A
copy of the official voucher must be attached to this agreement.
INVOICE DELIVERY'
Invollices to Paftilcipat'lnig City shall be delivered to::
City of Colleyville
time
Office of the City Manager
Departmeini(if applicable)
100 Main Street
Street Address,or PO Box
-ColleyvilleJX 76034
City,State,ZIP
jbrock@col,leyviIle.com
email address for billing questions and correspondence
Participating City shall noti,fy Fort" Worth in writing if the above, contact information changes
during the,term of this Agreement.
W'ITNESSETH
WHEREAS, Texas Government ColdI e, Chapter 791, authorizes the formulation of interlocal
cooperation a fire emen�ts, between and among local governments- and,
r
WHEREAS, Texas Government Code, §791.011 pIrol i v des, that a local government may clon,tra:ct
with another local government to perform g�overnme�n,tal functions, and services, and
§7911.003(3)(H) defines waste disposal as a governmental function and service and,
Interlocal Agreement- Household Hczar diolus,Waste Program Page 3 of 21
WH�ERE,AS,,, Texas Government, Code,, §791.025 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 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.
loo W'T'HEREFORE, it is agreed as follows:
DEFINITIONS
A. U'nles,s a provision in this Agreement expilicitly states otherwise, the following terms and
phrases, as used in this Agreement,I shall have the meanings hereinafter d'esi,gin:atedi.
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 L.ading lists,the contents of the mobile collection unit.
Environmental Collection Center (ECG means the City of Fort Worth Environmental
,
Mn
�aaglemienit Depa en
rtmt facility located at 64010 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 facil�ity, by participat-ing cities' households for subsequent
recycling, disposal, and/or reuse.
I
Envi:ronmen;tal' d'am,aqes, means alil claims, judgments, damages, losses,: penalties,, fines,
liabilities (including strict lie bility),I encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such clairn 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 I s fees and disbursements and consu�lltaint's fees, any of
which are incurred subsequent to the execution of this Agreement as a result of the
I
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 sa e, and including without limitati0n.*
(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
re mediation of such wastes or violation of environmental requirements iincluld�ing,
but not limited to, the preparation of any feasibility studies or reports or the
performance of any cleanup, rem,edia,tion, removal, response, abatement,
containment, closure, restoration or monitoring work required by any federal,
state or locals 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 Page 4 of'21
environmental requirements, and including without limitation any attorney's fees,
costs and expenses incurred in enforcing this Agreement or collecting any sunny
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 rggluirements means all applicable present and future statutes,
regulations, rules, ordinances, codes, license;, permits, orders, approvals, plans,
authorizations,, concessions, franchises,, and similar items,, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial, administrative,, and
regulatory decrees,, judgments,, and orders relating to the protection of human health or
the environment, including without limitation:
(a) All requirements, including, but not limited to those pertaining to reporting,
licensing, permitting, investigation, and remediiation 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 maleure means decrees of or restraints by a governmental instrumentality other
than the Parties, acts of God, work stoppages due to labor disputes or strikes, failure, of
Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for
the conduct of the collection of household hazardous waste, fires, explosions,
epidemics,, floods, extreme weather, riots, war, rebellion,, and sabotage.
Household hazardous waste,--(HH means any solid waste generated in a household by,
a consumer which, except for the exclusion provided for in 40 CFR § 261.,4(b)(1), Would
be classified as a hazardous waste under 40 CF R Part 261.
Manifest means the uniform hazardous waste manifest form(s) that must accompany
i
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 (MC,U) means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off-site of the FCC, which
is transported to the ECC, to dispose of the household hazardous waste collected at the
mobile collection event. Mobile Collection Units owned by Fort Worth, are designed to
hold,the hazardous,waste of approximately 50,to 75 households.
Interlocal Agreement-Household Hazardous Waste Program Page 5 of 21
Pad:icipating_City means the municipality which has entered into this agre�ement with the
City of Fort Worth.
Partici)at,rnq Entities, when geed' in the plural, means Fort Worth, Participating City, and
all other entities which have entered into interlocal agreements with Fort Worth for the
ECC household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
I
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 Cold�e §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following
abbreviations, as used in this Agreement, shall have the meanings hereinafter
designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act,
its amendments, associated case law, and state counterparts.
CPR- cardiopulmonary resuscitation.
DOT- United States Department of Transportation.
ECC— Fort Worth Environmental Collection Center.
EPA- United States Environmental Protection Agency.
HAZCAT- hazardous, categorization.
HAZIWOPER - hazardous waste operations and emergency response and the training,
ceftification, and legal requirements associated therewith.
HM - hazardous, materials.
HHW- household hazardous waste.
MCU - Mobile Collection Unlit.
—Texas Commission on Environmental Quality.
2.
PURPOSE
The purpose of this interloical agreement (hereafter "Agreement") is the provision of services, by
Fort Worth to Participating City whereby, subject to the terms and conditions specified bellow,
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.
Interlocal Agreement--Household Hazardous Waste Program Page 6 of 21
3.
TERM,
This Agreement shall be effective from October 1, 2010, or the date the last party has signed this
Agreement,1 whichever is later, through September 301, 2011 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 2011 and this Agreement has not been renewed by the end of the
regular term, this agreement shall be extended on a month to month basis until the mobile
collection events have been completed or cancelled by Participating City.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City in connection with the
ECC household hazardous waste collection progiram,-
A. Fort Worth will administer a regional household hazardous waste collection program.
This program wiill, include the operation of the Environmental Collection Center, which
will accept for disposal and/or recycling household hazardous waste from households
located within Participating City. Fort Worth shall not accept compressed flammable gas
containers; radioactive materials; explosives or potentially shock sensitive materials;
biological, etiologic, or infectious materials; wastes from businesses; or any other wastes
that Fort Worth has determined are unacceptable.
B. Fort Worth will employ or retain personnel to, provide the services, necessary to perform
Fort Worth's obligations in this Agreement.
C. Fort Worth wiill enter into a contract,(s), with a waste disposal/recycling firm(s), for the,
handling,, collection,1 transportation, storage, disposal, treatment, recovery, and/oir reuse
of household hazardous waste that is collected at the ECC or during, mobile collection
events.
D. Fort Worth will, if requested in writing by Participating City, provide Parl'icipating 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 wil:l issue a report and an invoice at the end of each quarter detailing the
number of Participating City's households that disposed of household hazardous waste
at the Environmental Collection Center or at mobile collection events.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Mobile Collection Events
Participating City may schedule a, mobile collection event to be operated by Fort Worth
personnel using one of Fort Worth's M;ICUs or conduct their own mobile collection events
I:nter ocal Agreement-Household Hazardous Waste Program Page 7 of 21
using either Participating City's MCU or Fort Worth's Reserve MCUI: a!s available). State
regulations, require notification to the Texas Commission on Environmental Quality
(TCEQ) at least 45 days prior to conducting the event.
I 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 andl location, shall be agreeable to
both parties. Participating City may schedule one mobile coillectilion, event each
contract year. Fort Worth will file notification of the event,with T Q as required'
by 30,TAC §335.1403.
(a) Scheduling Events
Fort Worth will begin scheduling mobile collection events for the 2011
calendar year on January 4,, 2011. To ensure proper notification 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
municipialities and that Fort Worth will be accommodating each
Participating Ciity's request on a first come first served basis. Therefore,
Participating l City acknowledges that its chosen date to schedule a mobile
collection 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 s,halil obtain a signed waiver from the owner of
the property sixty (60) days prior to the event. The waiver shall be in the
for of Exhibit B or similar form approved by Fort Worth., The signed
waiver must be sent to Fort Worth s,ixty (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 willl not send the Fort
Worth Mobile Collection Unit to the event and Participating City will, in no
eventy be entitled to any damages or recovery of any costs, except as
provided herein. All events must be held on an imperv,ious 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 501 households, Fort Worth will determine in its sole
discretion how much more waste it can accept for proper transport back
to the ECC. If moire househlolds arrive at the event than Fort Worth can
accept, Participating City gill in no event be entitled to any damages or
recovery of any costs, except as provided herein.
(dl) Due to the lack of storage space, at the ECC, Participating City
,ac knowledigies, 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 Mobille Collection Unit to Participating City's Collection Event
during adverse weather, the threat of adverse weather? or other
hazardous conditions including but not limited to sleet, snow,, rain, mist or
hail. In the event Fort Worth determines not to send the Fort Worth Mobile
Collection Unit, Fort Worth shall attempt to, notify persons listed herein as
an "Operational Contact" by the Participating, City and ,shall attempt to
send a Fort Worth employee to the Participating City's event to tell any
residents that come to dispose of householld hazardous, waste that the
Fort Worth lobule Collection Unit will not be coming to the event, but the
resident calin, go to the ECC to dispose of the waste. A map with directions
to the ECC also will be provided.
1
2. Participating City M:obiil,e Collection Unit:
(a) Fort Worth agrees to accept holuseholid hazardous waste from mobile
collection events conducted by Participating City using Participating City's
MCU in accordance with the terms of this Agreement.
(b), Folft Worth agrees to restockthe 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 Nobble Collection Unit
The reserve MCU is a specially designed and equipped thirty-six (361) foot
gooseneck box trailer and one (1) ton pickup, owned by Fort Worth,., Participating
City may request the loan of Fort Forth's Reserve MCU free of charge for use in
a Household Hazardous Waste collection event when available. Participating City
may use the Reserve MCU to transport HHW to Fort Worth,'s EC C or another
collection center, that may law fu�lly receive HHW. Participating City shall provide
Fort Worth with a written, request,, facsimile or e-mail at least sixty (601) 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, it for potential
maintenance problems,will be preformed by Fort Worth. Also, both parties
will compil�ete a pre-trip aesthetic assessment. Participating City shall be
responsible for all certifications and insurance necessary four 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 this Agreement.
(d) It is expressly understood and agreed that in the execution of this
Agreement, neither of the parties, waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available to it
against claims arising in the exercise of governmental powers, and
functions. By entering into this Agreement the parties do not intend to
create any oibl�igations, expressed: or implied, other than those set forth
herein and this Agreement shall not create any rights in parties not
signatories hereto.
5.
DUTIES 017PARTICIPATING 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,
ails, its household hazardous, waste col!lectiion 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 res,idency, 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 Environmental Collection Center Hours of
Olperat,ion."'
D. Participating City may 'choose to ut'i�l'ize a' voucher system for its residents in order for
them to bring HHW to the EC,C. 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 ECC or a
mobile, co�llection 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. Plarticipatinig City malt' 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 snot iile collection event,
and shall provide personnel to assist Fort Worth with the offloading of material,, surveys,,
and screening of plersons dropping off household hazardous waste. Prior to the event,
Interlocal Agreement-Household Hazardous Waste Program Page 10 of 21
the parties shalli agree upon the details of the traffic control, sig!n�age,: and personnel
assistance.
G. If a Participating City resident presents waste that was collected from multiple
househol�d�s, 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 (eg. boxes, trayh,
containers), on s,iite during a mobile collection event.
I. Mobile Collection Events using Participating City's MCU or Reserve MC U
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 material's; explosives or potentially shock sensitive
material biological, etiologic, or infectious materials- or any other wastes that
Fort,Worth has determined are unacceptable.
3. In accordance with the latest DOT requirements, Participating City's, I' IC
operators will properly categorize, package, mark, label, and load into the MCU,
all wastes received at the mobile collection event. Recyclable products (used oil,
used oil filters,, latex paint, recyclabile anti-freeze, leald-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 pac,kagiing. 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 analysis and from information provided
by the household presenting the waste.
5. The Participating City's MC U operators shall package all hazaridiouls materials in
accordance with United States Department of Transportation, (DOT)
requirements,, United States Environmental Protection Agency (EPA)
requirements,, and all other applicable federal and state requirements. After all
'the wastes have been properly identified and segregated, the MCU' operators will
reexamine the wastes for compatibility, list them on the conta�ineir content sheets,
and pack them into, drums. Oil-biased 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
andl state regulations. Participating City shall not transport waste that is not HHW
to the ;CCU., Participating City agrees to make its own arrangements to dispose of
any non-HHW waste collected at the event.,
Interlocal AgreementHousehold Hazardou!s Waste Program Page 11 of 2,1
6. Prior to transporting the HHWfrorn 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 1 during transportation of the HHW`to the
ECC. Participating City shall require that a miniMLI,M 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 M,CU
for transportation of hazardous waste in accordance with federal and state liar.
8. Upon the return of the MC U to the ECC, Participating Ciity's, MC U operators shall
follow the instructions of Fort Worth rei{garding the placement of the Cl M for
unloading. Fort Worth shall take possession of the MC U from Participating City
after the MCU has been properly parked for unloading in accordance with Fort
Worth's instructions and all required documents have been delivered to the ECC
manager or his designee at the ECC. Fort Worth shall, within a reasonable
amount of time, unload the HHW from, the Participating City's MCU and store the
unit at the ECC. After being contacted, Participating City shall pickup their unit
Within 10 days.
9�. If Fort Worth, in its sole discretion, determines that Participating City's M,CU
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 MC U or the Reserve MC U occurs
at the ECC while the MCU is still in Participating City's possession, Fort Worth
shall take contro] of the spill response and Participating City will reimburse Fort
Worth for its response costs,as set forth herein.
6.
USE OF WASTE DISPOSAURECYCLING 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 EC,C.,
B. Such firm(s) shall be required pursuant to the contracts) to assume generator status for
the waste collecteld, (excluding used oil, lead-acid batteries and antifreeze) to choose a
disposal site for the waste subject to Fort Wearth'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, andor recycling of waste collected
pursuant to this agreement, when said environmental damages or the viollation of said
environmental requirements was the result of any act or omission of contractor,,, its
officers, agents, employees, or subcontractors, or the joint act or omission of contractor,
its officers, agents, employees, or subcontractors and any other person or entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGHTHE FIRM (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 Program 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 appropriate.,
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fort Worth will make available to residents and businesses of Fort
Worth,, as well as,, Participating City and residents and businesses of Participating City
for their use, collected household hazardous waste materials, that are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any
materials that are picked up for reuse.
B. Some materials made available for reuse, may have been consolidated and filtered by
Fort Worth prior to being, made available. Used antifreeze will have been consolidated in
a barrel, filtered, and pH balanced, and new antifreeze may have been added to the
barrel.
C. In regards to materials accepted by Participating City, its employees,1 residents, or any
other person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR
GUARANTIES,THAT:
1. the container contents are ghat 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 uses
4. the contents, of the container have been stored properly,
5. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED. PARTICIPATING CITY SHALL, NOTIFY RECIPIENTS OF'
THESE TERMS AND CONDITIONS.
D. Participating City shall contact the ECC manager to arrange a pickup time to obtain
materials. Participating, City agrees that it shall not return to Fort, Worth, directly or
indirectly, any materials it obtains from Fort Worth under this paragraph,.
E. INDEMINIF'ICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED, OR RECYCLED, MATERIALS ACCEPTED BY
PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS,
Interlocal Agreement—Household Hazardous Waste Program Page 13 of 21
IN(.';` UL I I PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND FOLDS
HARMLESS THE CIS'" of FORT WORTH, AND ALL OFITS, OFFICIALS, OFFICERS,
EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND
PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
VIANDS, EXPENSES of 'LITIGATION, OR CAUSES of ACTION WH'ICH MAY
ARISIE BY REASON OF INJURY To PERSONS, LOSS OF PROPERTY, DAMAGE To
PROPERTY, OR LOSS of USE of ANY PROPERTY , OCCASIONED Y THE
TRANS PO RT', TION, STORAGE, HANDLING, USE, AND DISPOSAL BY
PARTICIPATING CITY of ANY MATERIALS ACCEPTED BY PARTICIPATING CITY
UNDER THIS AGREEMENT FROM FORT WORTH
2. IF THE PARTICIPATING CITY DOES NOT AGREE TO THE INDEMNIFICATION
AND WAIVER IN PARAGRAPH E ABOVE,, 'THEN THE PARTICIPATING CITE" SHALL
NOT ACCEPT, O ALLOW ANY OTHER PERSON TO ACCEPT ANY OF THE
REUSED OR RECYCLED MATERIALS AND SHALL NOT BE REQUIRED TO AGREE
TO THE AI 'ER IN PARAGRAPH L. Initial here to reject term 7.E.1 and accept
alternate term .F. .
F. In regards to materials accepted by residents or businesses of Participating Cities,
FORT WORTH' HADES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
THAT:
1., the oontaiiner contents are what the label indicates,
2. the container contents are those originally placed into the container by the
manufacturer,
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5.. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
l". the product is still approved for use i.e., it has net been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURT HE MORE, ALL WARRANTIES, EXPRESS AND IMP"LIIEDI, ARE
SPECIFICALLY DENIEC .
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 reuse, a
release of liabillity must be signed to accept the household hazardous waste for reuse.
emaMn Mer of thlls► page intentlionally left blank
Interlocal Agreement Hlousehold Hazardous Waste Program Page 14 of 21
0
0.
RI�GHT 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;
8. The waste fails to meet other established criteria established by this Agreement, or that
I
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 11-.00 a.m. -- 7:00 p.m.
Saturday 9:00 a.m. - 3*00, pi.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC,will be closed on the following holidays that
are observed on days the ECC would otherwise be open to the public:
Thanksgiving Holiday, Thursday, Friday, and Saturday, November 25-27, 2010
Christmas Holiday, Friday, and Saturday, December 24-25, 2010,
New "ear's Day, Saturday, J a ni ua ry 11 2011
In addition to the above closures Fort Worth employees will not be available to conduct
mobile col�l'ection events on May 28 and September 3 although the ECC,will remain open
on those days. The ECC may close due to furlough days or other causes, and the City
of Fort Worth does, not represent to Participating City that the ECC, will be open on any
particular days. If additional closures due to any, cause are necessary Fort Worth will
notify Participating City prior to the closure unless due to an unforeseeable event.
C. Notifying Residents
Interlocal AgreementHousehold Hazardous Waste Program Page 15 of''21
Participating City agrees,to notify its residents of the EC C'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.
11 o.
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 $147.,00 per household per visit to
the EC,C (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 from multiple households, Fort Worth reserves the right to charge the
Participating City biased on the total number of households from which the waste
originated.
i
B. If Fort Worth determines that Participating City's, MCU 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
ECC while the MCU is still in Participating City's possession, Fort Worth shall) take
control of the spill respoinse and Participating City will reimburse Fort Worth for its
response costs for City staff time ($60.0�O per hour) plus the cost of supipl�ies and the
actual costs for the spilli response and rernedia,tion 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 3,0 days of receiving a bill from Fort Worth. If Fort Worth does not receive
payment within 301 days, Fort Worth shall inform Participating City in writing that it will not
accept any household hazardous waste from Participating Ciity'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 th,is, 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 §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 pres,eint fiscal year.
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIESI III AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT'
91 'I'Ofto," "Pestie,
Fort Worth is the owner of "Captain crud and the C,ruddies ("Bloomer,
11i i
Scrub,l" and "Van Goo") and the recycling buddlies ("Scrappy," "Juggles," and "Cana,
Interliocal Agreement--Household Hazardous Waste Program Page 1 6 of 21
Nana") ""Conquer Your Crud,"' and "Crud Cruiser", and therefore all ownership rights belong
to Fort Worth. Fort Worth has registered these marks as servi�ce marks with the Secretary of
State.
A. Fort Worth hereby grants to, Participating City a non-transfera,ble, non-exclusive license
to use all the artwork and promotional materials that may be provided by Fort Worth to
be used solely in the conduct of the business, of Participating City's disposal and
recycling of household hazardous waste programs. If Participating City wishes to use to
Licensed Art and or Promotional Materials in other limited situations,, Participating City
must first obtain express written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City
pursuant to the terms of this Agrelemient. Participating City acknowledges that by virtue,
of this License, Participating City acquires only the right to use the original and permitted,
duplicate copies of the Licensed Artwork and Promotional Materials and, does not
acquire any rights of ownership in the Licensed Artwork and Promotional, Materials,
which rights shall remain exclusively with Fort Worth. If Participating City wants to modify
or change the artwork and/or promotional materials in any manner, Plartic�ipating pity
hereby agrees to contact Fort Worth in writing to obtain wriften 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 approvals for the chosen actor and to request and pickup the
"Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud"
costume. However, Participating, City agrees to be liable to Fort Worth for any damage to
the costume or if Participating City fails to return the entire costume to Fort Worth or if
the costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed, that,, in the execution of this Agreement, none of the
Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that
I
would otherwise be as sail able to it against claims arising in the exercise of governmental powers
ands functions, and that the services described in this Agreement are as governmental function.,
13.,
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused
to the extent that the delay or failure to perform resulted from a force majeure event, and the
delay or failure was beyond the control of Fort Worth and not due to its fault or negligence.
Participating City shall not have, and hereby waives, any claim whatever for any damages
resulting from delays or failure to perform caused by a force majeure event.
Interlocal Agreement—Household Hazardous Waste Program Page 17 of 21
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 olth,er party. Upon! termination,, the parties shall
i I
be released from all contractual obil�iga�t,ions to the other party, excluding, ""USE OF WASTE
DISPOSAURECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" "'REUSE OF
COLLECTED MATERIALS P1 and ""ARTWORK", ""CAPTAIN CRUD AND THE CRUDDIES," AND
"PROMOTIONAL MATERIALS LICENSE AGREEMENT" and any terms and', con!di:tions arising
from events occurring during the term of the contract
15.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other
oral or written commitments shall have any force or effect if not contained herein, except that
this Agreement can be amended or modified by the parties if such, amendment or modification is
in writing and signed by Participating City and Fort Worth.
16.
SEVER ABILITY
In the event anyone or more, of thus pr visions, contained in th�is, Agreement shall; for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any, other provision thereof and this Agreement shall be
construed as if such invalid I illegal, or unenforceable provistons, had never been contained
herein.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms ndl condlitions 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 Interliocal Agreement,
i
pursuant,toTexas Government Code, h a ter 7 1 w
19.
AUTHORIZATION
The undersigned officers an r agents of the parties hereto are properly authorized is
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 du�ly passed and are now in full force and effect,.,
Interlocal Agreement—Household Hazardous Was Program Page 18,of 211
0"IGNATURE PAGE
INTERLOCAL AG;REEMEN1T FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE, PROGRAM
CITY OF FORT W'ORT ITY OF Coilleyville
AF
III
ea Vi ife�r Fadden
Frnndo Costa P : : d lame.- Jn: l*
j
Assistant City ana&, Tit e. it y Manaq
Date: Date.*
U011'eyville City Council
E 10
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY: AND LEGALITY- A,plproved
Arth�u�r N. Ba�sh�oir City Attorney, Assistant City,Attorney
Assistant City Aft,orney
;v
0
01 TTEST:
ATTEST 0 o
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001000100
MA
k, rtiHendrix SeLetary
itv
ity Secretary,
-3 S
Contra Sl
Date
OFFICIAL RECORD
L R
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C 0]RD
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CITY SECRETARY
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'7 NJ TX
FTv WORTH,
Interlocal Aglire�ement—Household Hazardous Waste Program Page 1 9 of 211
Exhibit"A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
. ........... -------------------------------------
Material Amount Restocked Special Needs Remarks
55 gallon open top Amount taken off the
drums (open top for trailer
loose packs)
55 gallon drums(closed Amount taken off the
top) (oil, antifreeze, bulk trailer
flammable materials
and one extra)
Fiber drums (55 or 30 Amount taken off the
gallon)Aerosols, acids, trailer
bases and oxidizers)
Gaylord box liners Amount taken off the
(plastiic) trailer -------------
55 gallon drum liners Amount taken off the
trailer
5 gallon buckets Amount taken off the
(filters/h�az chemicals), trailer
Survey Forms Amount taken off the
trailer
I Labels/drum placard Amount taken off the
trailer
Gaylord boxes Amount taken off the
trailer
Absorbent pads Am unt taken off the
trailer
Vermiculite Amount taken off the
trailer
Oil dry Amount taken off the
trailer,
Promotional Materials& Amount needed
Brochures
Interlocal Agreement—Household Haza,rdous,Waste Prograrn Page 20 of 21
Exhibit"B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
11 being the owner of property located at
have been asked by the City of Colleyville 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 Colleyville and the City of Fort
Worth, to hold a household hazardous waste collection event on my property in which the City
of ' evvi
Colllle 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 Collievville
and its officers, ag�enntsi, and/of 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 Collevville 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 Colle�yvillle 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
thiiis Agreement.
Signature Date
Witness Date
Interlocal Agreement-Household Hazardous Waste Program Page 21 of 21
City of Fort Worth, Texas
a a
Mayor anu %.Pouncil Communication
No
COUNCIL ACTION,. Approved on 8,/110/20110
* -
DATE.- Tuesday, August 10, 2010 REFERENCE NO.. *C 24388
LOG NAME.,- 512ECC FY1 1 PARTICIPATING ENTITIES
SUBJECT;
Authorize Interlocal Agreements with Various Municipalities aid Other Governmental Entities for
Participation in the Environmental' Collection Center Household Hazardous Waste Program
RECOMMENDATION:
It is recommended that the, City Council authorize the City Manager to execute interlocal agreements with
various municipalities and other g,overnmenta!l entities for their partici'pat,ion in the Environmental
Collection Center Household Hazardous, Waste Program...,ill- r�,.''-"��-�---W-I-�,�,.-tl-,y�r�.��,�,�I 11- M,
DISCUSSION,:
The City's Envii roin mental Collection Center is now in its thirteenth year of operation collecting household
hazardous waste from the residents of Fort Worth and surrounding cornmunities on a year round basis. In
order for non-Fort Worth residents to participate at the center, each entity is required to enter into an
interloicall agreement with the City of Fort Worth.
The rate per household for the period covered by these agreements (October 1, 2010, through September
30, 2011) is $ per household. It is anticipated that approximately $6133,560.00 will, be collected under
these agreements. Duriing Fiscal Year 2009-2010, 46 entities signed participation agreements with the
City of Fort Worth,. For the upcoming year, it is expected that all f'these entities will participate and
others have already expressed interest.
This agreement outlines the responsibilities of each party, establishes the rate for participation, details
procedures for loan, of mobile collection unit,, and delineates the usage of'service marked public education
materials. The City of Fort Worth is responsible for overall operatilion of the center including contracting
with a hazardous waste disposal company for transportation and disposal of materials collected. The
following entities have expressed an interest or are expected to execute an agreemenit to participate for
the period October 1 1 20101, through September 30, 2011
Alvarado Arlington Azle
Bedford Benbrook Bridgeport,
Burleson cedar Hill Cleburne
C ll yvili Crowley Euless
Forest Hill Glenn Heights Grand' Prairie
Grapevine Haltom City Hasleit
Hurst Keller Kennedale
Lakeside Mansfield Midlothian
North Richland Hills Oak Leaf Pantego
Logname: 52 ECC FYI 1 PAR11CIPATING EN'T'ITIES Page I of 2,
Parker County Richland Hills River Oaks
Roanoke Saginaw Sherman
Southlake Stephenville Unincorporated Tarrant County
Tarrant Regional Water District Trophy Club Upper Trinity Regional Water District
Watauga Waxahachie Weatherford
Westlake Westover Hills Westworth Village
White Settlement
FISCAL INFORMATION /CERTIFICATION.
The Financial Management Services Director certifies that the Environmental Management Department is
responsible for collection and deposit of the funds due to the City.
FUND CENTERS.
TO Fund/Account/Centers FROM Fund/Account/'Ceinters
R103 488220 0521100 $633 X60.00
CERTIFICATIONS.
Frnando Costa (6122)
Slu:bmifteld for CSI Manager's Offic e
06g*1na tin c-1 Department Head: Brian Boerner (6647)
Additional Informati"on Contact: Michael Gange (6569)
ATTACHMENTS
1 FAC VafidLty-dos (CFW Internal)
Logname: 52 ECC FYI I PARTICIPATING ENTITIES Page 2 of 2