HomeMy WebLinkAboutContract 41000 CITY SECRETARY'
CONTRACT NO,
a
INN LOCAL AGREEMENT FOR PARI ICIIPA IOM IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY SECRETARY
FE WORTH, TX
I'NTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by andl between the City of Fort Worth, Texas,, a home-rule!
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas,
hereinafter called ''Fort Worth," acting by and through Fernando Costa, its duly authorized
Assistant City Manager and the City of Keller , hereinafter referred to as
"Participating Cit "' and located in T a
arrnt Countyy Texas acting herein by, and
*T
through Dan 0" eary its duly authorized City Manager
(Name) ('Title)
DELIVERY OF NOTICES
al
Any notices required to be given under this Agreement shall be delivered as follows:
if to Fort Wolrth:
Michael A. Gan e, Assistant Director
TPW- Environmental Services Division
City of Fort Worth
1000 Th�rockmorton
Fort Worth, Texas 76102
IV
If to Participating Cij�L
Fire Chief Daniel Gaumoint
Keller Fire-Rescue
1101 W, Vine Street
Keller, Texas 76248,
OPERATIONAL CON" TACT'S
Participating City's, Operational Contact Persons:
Des,ignated person is- Chlief Dan Gaumont telephone number- 817-743-4401
Mobile phone number (24-hour) where he or she can be reached: .817-743-45122
Alternate person is Chuck Blankenship telephone number:, 817-743-4450
Mobile, phone number (24-hour) where he or she can be reached: 817-743-4522
Interlocal Agreement-Household Hazardous Waste Program Page 2 of 21,
VOUCHER uOrILIZATION
The Participating City:
DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
X DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile
event.
If'a voucher system will be used only residents with an official voucher provided by Participating
city will be allowed to drop wastes off at the ECC or at mobile events in Participating City. A
copy of'the official voucher must be attached to this agreement.
INVOICE, DELIVERY
Invoices to Participating City shall be delivered to:
Fire Chief Daniel Gaumont
Name
Keller Fire—Rescue
Department(if applicable)
110 W. Vine Street
Street Address or PO Box
Keller, Texas 76248
""ity,State,ZIP
dgaumoint@c'l'tyofkeller.com
email address,for billing questions,and correspondence
Participating City shall notify Fort, Worth in writing if the above contact information changes
duringi the term of this Agreement.
WIT NE'SSETH
WHEREAS,, Texas Golvernmen�t, Code, Chapter 7911, authorizes the formulation of interlocal
cooperation agreements between and among local governments-3 and
WHEREAS, Texas Government Code,, §791.011 provides that a local government may contract
with another local government to perform governmental functions and services, and
§791.0103(3)(H) defines waste disposal as a governmental function and service; and
Interlocai Agreement—Household Hazardous Waste Program Page 3 of 21
Ilk
WHEREAS, Texa�s Government Code, §791.025 provides that a local government may agree
with another locali government to purchase services; and
WHEREAS, Fort, Worth and Participating C,ity desire to enter into an interloical 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 des,ire to be subject to the provisions of
Texas Government Code, Chapter 7'91, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and
phrases, as used in th,is,Agreement, shall have the meanings hereinafter designated.
Act of Gold means an act occasioned by the direct, immediate, andl 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 coll�lection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Environmental
Management Department 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 subsequent
recycling, disposal, and/or reuise.,
Environmental damn eery means, all claims, judgments,, damages,, losses, penalties,, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, continigient, or
otherwiise,, rnatured or un-matured, foreseeable or unforeseeable, including without
limlitation reasonable attoirney'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 iincludiingi without limitation:
(a') Damages for personal injury and death, or injury to property or natural resources,;
(b), Fees incurred for the services of attorneys,, consultants, contractors, experts,
laboratories and all other costs, incurred in connection with the in,vestigatiion or
remediat,io:n of such wastes or violat:ioln of environmental requirements including,
but note limited to, the preparation of any feasibility stuldies, or reports or the
performance of any cleanup, reme,diation, 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
Intedocal Agreement—Household Hazardous Waste Program Page 4 of 21
env,iiroinmen�tal requirements, fir_nd including without l�imiitation any a'ttorney's fees,
costs and' incurred in enforcing this Agreement or collecting any sums
due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in
subparagraph (b) herein.
Environmental reauirements, means all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses,, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, comm�issionis,, 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 hurrilan, health or
the environment, including without limitation-
(a lli requirements, including but not limited to those pertaining to reporting,
licensing, permitting, investigation, and remediiatiion 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 I 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, pertai ning to the protection of' the health and safety of
employees or the public.,
Force maieure means decrees of or restraints by a governmental instrumentality other
than the Farthest acts, of God, 'work stoppages due to labor disputes, or strikes, failure of
Fort Wbirth's contractors) to perform pursuant to their agreements with Fort Worth for
the conduct of the collection of household hazardous waste, fires, explosions,
epidernics, floods, extreme weather, riots, war, reblel�lion, and sabotage.
Household hazardous waste (HHM, 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 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) that must accompany
shipments of municipal hazardous waste or Class 1 industrial solid waste.
Mobile collection event means a household hazardous waste collection event by
Participating City utilizing a mobile collection unit.
Mobile Collection Unit (MCUI means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, oft site of the ECC, which
is transported to the ECC to dispose of the household hazardous, waste collected at the
mobli'le collection event. Mobile Collection Units owned by Fort Worth are designed to
hold the hazardous waste of approximately 50 to 75 holuis,ehoilds.
Intedocal Agreement- Household Hazardous Waste Piro Tram Page 5 of 21
Participating cut means the municipality which has entered into this agreement with the
City of Fort Worth.,
Participating E,ntities,, 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
EC C household hazardous waste collection program,.
Person means an individual, corporation, oirga,nizationl, government, or governmental
subdivision or agency, business trust, partnership; association, or any other legal entity.
Waste, has the same meaning as 11 solid waste" as that term is defined in Texas Health
I
and Safety Code §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.
CE LL - 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.
HAZWOPER - hazardous waste operations and emergency response and the training,
certification, and legal requirements associated therewith.
HIM - hazardous materials.
HHW- household hazardous waste,.,
Inc - Mobile Collection Uniit.
TCEQ—Texas Commission on Environmental Quality.
2.
PURPOSE
The purpose of this, intlerlocal agreement (hereafter "Agreement") is the, provision of services by
Fort Worth to Participating cite whereby,, subject to the terms and coin�d�itions specified below,
Fort Worth will administer and supervise a regional household hazardous waste collection
program, which will be available to househoilds 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, whichever is later, through September 30, 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 program:
A. Fort Worth will administer a regional household hazardous waste collection program.
This program will include the operation of the Environmental Collection Center, which
will accept for disposal ands/or recycling household hazardous waste from housieholds,
located within Participating City, Fort Worth shall not accept compressed flammable gas
containers; radioactive materials; explosives or otential�ly 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, trans plortati on, storage, disposal, treatment, recovery, and/or, reuse,
of household hazardous waste that is collected at the ECC or during mobile collection
events.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with
copies of waste rnan,ifests 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"' 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 wiill 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 MC Us or conduct their own mobile collection events
Interloical Agreement-Household Hazardous Waste, Program Page 7 of 21
to
using either Participating City's MCC or Fort Worth's Reserve cU (as availabille). State
regulations require notification to, the Texas Commission: on Environmental Quality
(TCEQ) at least 4�5 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 collect,ion 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 schedulinig, mobile collection events for the 2011
calendar year on January 4, 2011. To ensure proper notification to TCE,Q,
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
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 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 (6o') 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 w,ill 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 Collection
Event. After the first 50 households, Fort Worth will determ�ine, 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 Fc4rt Worth can
accept, Participating City will in no event be entitled to any damages or
recovery of'any costs, except as provided herein,
(d) Due to the lack of storage space at the ECC, Participating City
acknowledges and agrees that if it requests the Fort Worth Mobile
Collection Unit at a mobile collection event a Participating City's MCU
shall not also be at the event.
Interlocal Agreement—Household Hazla,rdlous'Waste Progmrn Page 8 of 21
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort
Worth Mobile Collection Unit to Participating City's Collection Event
during adverse weather, the threat of adverse weather, or other
hazardous conditions including but not limited to sleet, snow, rain, mist or
hail. In the event Fort Worth determines not to send the Fort Worth Mobile
Collection Unit, Fort Worth shall attempt to notify persons listed herein as
an ",Operiatilonal 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 EC to dispose of the waste. A map with directions
to the ECC, also will be provided.
2. Participating City Mobi'le 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 City's
MC U, 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 MCC 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 M'CU free of charge for use in
a Household Hazardous Waste collection event when available. Participating City
may use the Reserve MCU to transport I 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 (610) days prior
to the event date for which the request is made,. For Worth shall have sole
,determination whether the Reserve MC U is availabile 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 MC U, a pre,-trip inspection for potential
maintenance problems will be preformed by Fort,Worth. Also, both parties
will complete a pre-trip aesthetic assessment. Participating City shall be
responsible for all certifications and insurance necessary for the, proper
operation of the Reserve Mt .
(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.
Participating City shall be responsible for all property damage,, personal
injury or death caused by Participating City's ern ploye:es, volunteers,
contractors, or agents and, aris,ing, out of the use of the Reserve MCU
during the term of this Agreement.
(d) It is expressly understood and agreed that, in the, exelcut,iloin 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 aris,inig 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
will be accepted at the ECC, the requirement of proof of residency, and weather
cancellation information.
C. Participating City sha;lli notify its residents of the ECC hours of operation and dates it is
closed as provided in Section 9 "The Environmental' Collection Center Hours, of
Operation,.,11
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 ECC or a
mobile collection event without a voucher, Participating City acknowledges and agrees
that Fort Worth will not accept, the household hazardous waste until Participating City
authorizes the acceptance in writing.
E. P:artic,iplat,iinig City may submit a written request for a monthly report listing the number of
its city's households that have disposed of household, hazardous waste at the ECC or a
mobile collection event.
I
F. Participating: City shall provide traffic control and signage for the mobile collection evenit,
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 H azardous 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 C'ity based on the
total number of households from w i
w
which the aste originated even f the resident has only
one voucher.
H. Participating City shall provide a means for disposing of solid waste (e.g,. bo:xes, trash,
containers) on site during a mobile collection event.
I Mobile Collection Events using, Partici-P I M�C,U or Reserve MCA
at i ng 'tv's
C
1 Participating City is responsible foir proper notification to TCEQ as required by
30 TACK §335.403.
2. Participating City shall advise the ECC at least 72 hours in advance of its mobile
collection events. Paifficipating City shall collect only HHW durir-g a mobile
collection, event. Wastes from commercial, agricultural, and industrial sources
shall not be accepted. Participating City, shall not accept compressed flarrimable,
gas containers; radioactive materials; explosives or potentially shock sensitive
materials; biological, etiologic, or infectious materials; or any other wastes, that
Fort Worth has determined are unacceptable.
3. In accordance with the latest DOT requirements, Participating City's MCU
operators will properly categoiriz,e, 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 MC U operators shall thoroughily
check each container for proper labeling and identification. If a container is
properly identified, the material will be segregated according to hazard class and
prepared for packaging. If a, container does not have adequate labeling to permit
identification, the MCU operators shall then attempt to, identify the material, from,
its physical characteristics using HAZCAT analysis and from information, provided
by the household presenting the waste.
5. The Participating City's MC l' operators shall package all hazardous materials in
accordance with United States Department of Transportation (CBOT)
requirements, United States Environmental Protection Agency (EPA)
requirements, and all other applicable, federal and state requirements.rements. After all
the wastes have been, properly identified and segregated, the MCUI operators,will
reexamine the wastes for compatibility, list them on the container content sheets,
and pack them into drums. 011-based paints and latex paints shalil 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 HH:W
to the ECC. Participating City agrees,to make its own arrangements, to dispose of
any non-HHW waste collected at the event.
Interlocal Agreement—Househoild Hazardous Waste Program Page 11 of 21
6. Prior to transporting the HHW from the collection event site,, Participating City's
MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading
in the cab of the truck hauling the MC,U during transportation of the HHW to the
ECC. Participating City shall require that a minimum of one copy of the latest
North American Emergency Response Guidebook be kept within the cab of the
truck.
7. During transportation, Participating City's MCU operators shall, placard the MCU
for transportation of'hazardous waste in accordance with federal and state law.
8. Upon the return of the 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 have been deliveireld to the ECC
manager or his designee at the ECC. Fort Worth, shall, with!in 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 MCU
operators improperly packaged, any of the H,HW delivered to the ECC,, Fort Worth
shall repackage such waste, and Participating, City shall reimburse Fort Worth, as
set forth herein.
101. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs
at -the ECC while the MC U is still in Participating City's possession, Fort Worth
shall, take control of the spill response and' Participating C,itly will reimburse Fort
Worth for its response costs as set forth,, herein.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth °ill:: enter into, a, contract(s) with a waste disposal recycling firms) for the
handling) collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, from the E,CC.
B. Such fir ) 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 11 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, coll�ection,
transportation,, storage, disposal, treatment, recovery, and/or recycling of waste collected
pursuant to this agreement, when said environmental damages or the violation of said
environmental requirements was the result of any act or omission, of contractor I its
officers, agents, employees, or subcontractors, or the joint act or omission of contractor,
its officers, agents, employees, or subcontractors and any other person or entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED
TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW
Interlocal Agreement—Household Hazardous Waste Program Page 12 of 21
.11..............
"AND STATE LAW., Fort Worth will arrange for recycling, vendors for used oil, batteries,
antifreeze, and other materials, as it deems a,pipIrop,riaite.
7.
REUSE OF COLLECTED MATERIALS
A., From time-to-time Fort Worth mill make available to residents and businesses of Fort
WoIrthi, as well as,, Participating City and residents and businesses of Participating City
for their use,, collected household hazardous waste material's that are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for are
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
I I
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 1. the container contents are what the label indicates,
2. the container contents are those originally piaced into the container by the
manufacturer:
3. the product is of the qua,liity, intended, for its use*
3
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 cond'ition,
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 W' rth directly or
111 0
indirectly, any materials it obtains from Fort Worth under this paragraph.
E. INDEMINIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY
PARTICIPATING, CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS,
Interlocal Agreement—Household Hazardous Waste Program Page 13 of 21
INCLUDING PRODUCTS LIABILITY CLAIM'S, AND RELEASES, AND HOLDS
HARMLESS THE CIS"' 01F FORT WOROr'H, AND ALL OF ITS OFFICIALS, OFFICERS,
EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND
PRIVATE CA►PACITIES, FROM ANY AND ALL LIABILITY, CLAIM'S, SUITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY
ARISE BY REASON OF INJURY TO, PERSONS, LOSS OF PROPERTY, DAMAGE TO
PROPERTY, OR LOSS OF USE F ANY PROPERTY OCCASIONED BY THE
TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL B
PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY
UNDER THIS AGREEMENT FROM FORT WORTH.
2. IF THE PARTICIPATING CITY DOES N' T AGREE, TO THE, INDEMNIFICATION
AND WAIVER IN PARAGRAPH E ABOVE, THEN THE PARTICIPATING, CITY SHALL
NOT ACCEPT N R ALLOW ANY OTHER PERSON TO ACCEPT ANY OF THE
REUSED OR RECYCLED MATERIALS AND SHALL NOT BE REQUIRED TO AGREE
O THE WAIVER IN PARAGRAPH E., Initial, here to reject term 7 E.11. and accept
alternate term .P.2. w
F. In regards to materials accepted by residents or businesses of Participating .ivies,
FORT WORTH CAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES
THAT:
1. the container contents are what the label indicates,
2. the container contents are those originall y placed into the container h the
manufacturer,
3 the product is of the quality intended for its use;
44. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and fast aid are currant or
co rrect
6. the container is in unimpaired condition
Try 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 WARRANTIESP EXPRESS AND I'MPLIE'D, ARE
SPECIFICALLY DENIED.,
G. Participating City shali attempt to inform its residents and businesses that if they go to
the Environmental', Collection Center to pick up household hazardous waste for reuse, a
release of liability must be signed to, accept the household hazardous waste for reuse.
Remainder of thi's Page intentionally left blank
Intarlocal Agreement Household,, Hazar ous Waste Program Page 14 of 21
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth, shall have the right to refuse to accept waste at the
ECC from Participating City or Participating, City's resident, if in the reasonable judgment of Fort
Worth:
A. The waste is not household hazardous wastef
B. The waste fails to meet other established criteria established by this Agreement,, or that
have been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish: that he/she is in fact a
resident of Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of
waste, and the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC, or to persons or property at
the ECC.
9.
ENVIRONMENTAL, COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday 11.-00 a.m. 7*00 p.m.
Saturday 9:oO am. -- 3:,oO p.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be closed on the following hollidays that
are observed on days the ECC would otherwise be open to the public-
Thanksgiving Holiday, Thursday, Friday, and Saturday, November 25-27, 20101
i
Christmas Holiday, Friday, and Saturday,, December 24-25, 2010
New Year's Day,, Saturday, January 1, 2,011
In addition to the above closures Fort Worth employees, will not be available to conduct
mobile collection 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. Ifaaditional 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 Agreement—Household Ha?rardous Waste Program Page 15 of 21
q
NR
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-h�our Environmental
Collection Center telephone number: (8 17) 871-5257.
10.
COMPENSATION
As fair compensation for the services, provided by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to
the ECC 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 based on the total number of households from which the waste
originated.
B. If Fort Worth determines that Participating City's MCU operators improperly packaged
any of the HHW delivered to the ACC, 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,s, MCL' 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 response and Participating City will reirriburse Fort Worth for its
response costs for City staff time ($60.010, 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 q,uarterly. Participating City shall pay Fort
Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive
payment within, 3,0 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 l collection, unit
until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total nurri,ber 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 req�uirements 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.
ARTWORKI "CAPTAIN CRUD AND,THE CRU�D,DIES,"AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddi,es ("Bloomer," "Otto," "'Pestie,
""Scrub," and "Van Goo"') and the recycling buddies ("Scrappy,," "Juggles," and "Cana
Interlocal Agreement—Household Hazardous Waste Program Page 16,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 service marks with the Secretary of
State.
A. Fort Worth hereby grants, to Participating City, a non-transferable, non-exclusive license
to use all the artwork and promotional materials that' may be provided by Fort Worth to
be used, solely in the conduct of the business of Participating City's disposal and
recycling of household hazardous waste programs. If Participating City wishes to use to
Licensed Art and/or Promotional Materials in other limited situation's,, 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 thii,s, Agreement. Participating City acknowledges that by virtue
of this License, Participating City acquires, only the right to use the original and permitted
duplicate copies of the Licensed Artwork and Promotional Materials and does not
acquire any rights of ownership in the Licensed Artwork and Promotional, Materials,
which rights shall remain exclusively with Fort Worth. If Participating: City wants to modify
or change the artwork and/or promotional materials in any manner, Participating City
hereby agrees to, contact Fort Worth in writing to obtain written consent before modifying
or changing any artwork and/or promotional materials.
C. If Participating City desires an actor to portray "Captain Crud," for an event, Paiticipating
City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain
Crud"" is owned by Fort Worth. Participating City shall be solely responsible for
compensating actor for the services provided to Participating City. Participating, City will
contact Fort Worth as soon as possible with the date and time of the event agreeable to
both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort,Worth for any damage to
the costume or if Participating City fails to return the entire costume to Fort Worth or if
the costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the
Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental powers
andfunctions, and, that the services described in this Agreement are a governmental function.
131.
FORCE MAJE,URE
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 controll of Fort Worth and not due to its fault or negliigence.
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
1W'
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 term,iinatio,n, the parties shall
be released from all contractual' obligations to the other party excluding USE OF WASTE
DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" "'REUSE OF
COLLECTED MATERIALS 11 and "ARTWORKy "CAPTAIN CRUD, AND THE CRUDDIES," AND
''PROMOT'IONAL MATERIALS LICENSE AGREEMENT" and any terms and conditions arising
from events, occurring during, the term of the contract .
15.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other
oral or written I
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,
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall, be
construed as if such invalid, illegal, or unenforceabile pirovisi�ons 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
venue for said action shall be in Tarrant County,
this Agreem ent, Texas,.
1;8.
AUTHORITY
This Agreement is made for Fort, Worth, and Participating City as an Interlocal Agreement,
pursuant to Texas Government Code, Chapter 79,1.
1
19,
AUTHORIZATION:
The undersigned officers and/or agents of the parties hereto are properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending such authority
have been duly passed and are now in full force and effect.
Interlocal Agreement-Household Hazardous Waste Program loge 18 of 21
SIGNATURE PAGE"
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTHIS
ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH CITY OF
By: By�-
Fernando Costa Printed n me.
Assistant City a �er Title-,
Date: IF Date.*
APPROVED AS TO FORM�, APPROVE TO,,
AND LEGALITY: AND LE "Lf�'
cvt,
t
Arthur N. Bashor dit�!'ttArney tan i y Attiorney
10,
Assistant City Attorney 0
jwo
%
ATTEST.- 00 0 0'ATTEST:
0000000 00 04Y,
'All
ark Hendrix ".0- —City SAV_creta_ryc�
ity Secretary
v
Contract, thorizatior,
Date
P FFICIAL RECORD
CITY SECRETARY
r
FT, WORTH, TX
Interlocal Agreement Householo Ha7ardous Waste Program,
Exhibit "A"'
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount Restocked Special Needs Remarks
5,5 gallon open to Amount taken oiff the
drums(open top for trailer
loose packs)
55,gallon drurns,(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)Aerosolls,, acids, trailer
ba�ses and'oixidize'rs,)
Gaylord box liners Amount taken off the
(plasti�) trailer
55 gallon dlrum liners Amount taken off the
trailer
5:gallon buckets Amount taken off the
(filters/haz chemicals) trailer
Survey Forms Amount taken off the
traile'r
Labels/drum placard Amount taken off the
-.trailer
Gay' Bard bicxes Amount taken off the
trailer
Absorbent pads Amount taken off the
pr
traile,
Vermiculite Amount taken off the
trailer
dill dry Amount taken off the
trailer
Promotional Materials & Amount needed
Brach ores L
interlocal Agi-f.ement—Household Hazardous Waste Program Page 2 0 of 21
Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at
have been asked by the City, of to allow a Mobile collection
event on my property to collect houlsehoildi hazardous waste on the
I hereby give my permission to the City of and the City of Fort
Worth, to, holl�d a household hazardous waste collection event or my property in which the City
Of has asked the City of For Worth to send its mobile
collection unit to collect the household hazardous waste that is brought to the event.
'Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS,, INDEMNIFY the City of
Fort Worth or its officers, agents, and employees, and the City of
and its officers, agents, and/or employees for any and all claims, demands, liability, causes of
action, actions or suits of any character that I may have against the City, of Fort Worth or its
officers, agents, and/or employees and the City of or its officers,
agents, and/or employees for any property loss or damage, for any and all' personal injury
including death or any other damage of any kind of character which May arises �or that arises
front allowing the, City of - to hold i a household hazardous waste
collection event, in which the City of Fort,Worth sends its mobile collection unit on my prooerty.
I nave 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 Agreemen.t.
Signature Date
Witness Date
Interlocat Agreement--Household, Hazardous Waste Pirograrr, Page 9-11 of 21
City of Fort Worth, Texas
Mayor and Counclol Co uni"cation
COUNCIL ACTION: Approved on 8/1'0/2010
DATE: Tuesday, August 10, 2010 REFERENCE NO.: **C-24388
LOG NAME: 52ECC FY1 1 PARTICIPATING ENTITIES
SUBJECT.
Authorize Interl�oc,al Agreements with Various Municipalities and 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 governmental entities for their participation in the Environmental
Collection Center Household Hazardous Waste Program.
DISCUSS11111ONN
The City's Environmental Collection Center is now in its thirteenth year of operation collecting househoild
hazardous waste from the residents of Fort Wo:rth and surrounding comnmuni,ties on a, year round basis,. In
order for non-Fort Worth residents to participate at the center, each entity is required to enter into an
interlocal agreement with the City of Fort Wolrthi.
The rate per household for the period covered by these agreements (October 1, 2010, through September
30, 2011) is $47.00 per household. It is anticipated that approximately$633,560.00 will be collected under
these agreements. During Fiscal Year 2009-2010,, 46 entities signed participation agreements,withi the
City of Fort Worth. For the upcoming year, it is expected that all of these entities wiill, participate and
others have already expressed interest.
this agreement outlines the responsibilities of each party, estabilishes the rate for participation, details
procedures for loan of mobile collection unit, and delineates the usage of service marked pubilic education
materials. The City of Fort Worth is responsible for overall operation of the center,including contracting
with a hazardous waste disposal company for transportation and disposal of materials collected. The
following entities have expressed an interest or are expected to execute an agreement to participate for
the period October 1, 2010, through September 30, 2011:
Alvarado, Arlington Azle
B,eldford Bienbrook Bridgeport
Burleson Cedar Hill Cleburne
Colleyville Crowley Euless
Forest Hill Glenn Heights, Grand Prairie
Grapevine Haltorin City Haslet
Hurst llor Kennedale
Lakeside Mansfield Midlothian
North Richland Hills Oak Leaf Pantego
Lognamel.- 52ECC FYI I PARTICIPATING ENTITIES 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