HomeMy WebLinkAboutContract 49655-A1CSO#5170-08-2023
CSC No. 49655-A1
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 49655
AN INTERLOCAL AGREEMENT
BETWEEN CITY OF FORT WORTH AND CITY OF BURLESON
FOR PARTICIPATION IN THE ENVIONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
This First Amendment to Fort Worth City Secretary Contract No. 49655 (-First
Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation,
and City of City of Burleson,("Participating City") and located in Johnson and Tarrant County,
Texas, acting herein by and through Tommy Ludwig its duly authorized City Manager
WHEREAS, Fort Worth and Participating City entered into an Interlocal Agreement
identified as Fort Worth City Secretary Contract No. 49655 (the "Agreement") for participation in
the Environmental Collection Center Household Hazardous Waste Program; and
WHEREAS, due to rising costs of the program, Fort Worth must increase the cost that
each participating City pays per visit to the Environmental Collection Center or per participating
household in a Mobile Collection Event; and
WHEREAS, Fort Worth and Participating City agree to amend the Agreement to an
increase in the cost per household visit to the ECC or per participating household in a Mobile
Collection Event from $50.00 to $95.00; and
WHEREAS, Fort Worth and Participating City also agree to amend the Agreement to
allow the cost per household to be adjusted so long as there is mutual agreement by Fort Worth
and the Participating City.
NOW THEREFORE, known by all these present, Fort Worth and Participating City,
acting herein by the through their duly authorized representatives, agree to the following terms,
which amend the Agreement as follows.
AMENDMENTS
1. Section 10 "Compensation", Paragraph A of the Agreement is hereby deleted in
its entirety and restated as follows:
Participating City agrees to pay Fort Worth the sum of $95.00 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. Fort Worth may adjust the cost per household visit to the ECC (or per
First Amendment to Fort Worth City Secretary Contract No. 49655
OFFICIAL RECORD
CITY SECRET RY
FT. VORTH, TX
Page 1 01.3
participating household in o Mobile Collection Event) by providing Participating City at
least ninety (90) days written notice and hymutual consent. ifParticipating City does not
consent tothe adjustment, then this Agreement may be terminated in accordance with the
AgrccrncnL
U.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions ofthe Agreement which are not expressly amended herein shall
remain in full force and effect.
O|.
ELECTRONIC SIGNATURE
This Amendment may be executed in rnu|1ip|c counterparts, each o[which shall be
an original and all of which abmU constitute one and the same instrument. /l faooinui|c copy
or computer image, such no m pQF orb[[ image, or u signature, abm|| be treated as and shall
have the same effect oonnorigino|.
[Signature Page Followsl
First Amendment to Fort Worth City Secretary Contract No. 49655 Page 2 of'3
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
Effective October 1, 2023.
FORT WORTH:
City of Fort Worth
By: v ,p 20, MI
Name: Valerie Washington
Title: Assistant City Manager
Date: Sep 13, 2023
Approval Recommended:
By:
Name: James Keezel I
Title: Assistant Director Code Compliance
Attest:
.1?
By:
Name: Jannette Goodall
Title: City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
/a7z
By:
Name: Rex Johnson
Title: Environmental Supervisor
Approved as to Form and Legality:
By:
Name: Christopher Austria
Title: Assistant City Attorney
Contract Authorization:
M&C: 28276
PARTICIPATING CITY
City of Burleson
By:
Name: Tommy Ludwig
Title: Cii& Manager
Date:i4,5A--
Approved asto Form and
By:
Name: E. Allen Tayl9e,
Title: City AttomeylAssistant City Attorney
First Amendment to Fort Worth City Secretary Contract No. 49655
OFFICIAL RECORD
CITY ECRET0tRY
FT. VORTH, TX
Page 3 o 3
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORTWORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2021
|NTERLOC4L4GREEMENT FOR PARTICIPATION |NFORT VVORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City ofFort Worth, Texas, a home -rule municipal
corporation situated in Tarrant, Denton, Parker, Johnson and VVbe Counties, Texas, hereinafter called
"Fort Worth," acting by and through Valerie Washington, its duly authorized Assistant City Manager and
the City ofBurleson, hereinafter referred to as "Participating City" and located injnhnson and Tarrant
County, Texas acting herein by and through TommVLudwig its duly authorized [itvManager,
DELIVERY OF NOTICES
Any notices required to be given under this Agreement shall be delivered as follows:
|ftoFort Worth:
Rex Johnson, Environmental Supervisor
Code Compliance —Solid Waste
City ofFort Worth
41UUColumbus Trail
Fort Worth, Texas 76133
|ftoParticipating City:
Lisa Due|lo, Neighborhood Services Director
CityofBurleson
7ISSEJohn Jones Drive
Burleson ' Texas 76O28
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 2 of 23
OPERATIONAL CONTACTS
Participating Ot/sOperational Contact Persons:
Designated person is: LisaDud|o telephone number: 817-426-9U41
Mobile phone number (24-hour)where he/she can be reached: 817-229-9402
Email Address: lduelloCcDburlesontx.com
Alternate person is Kristen Tanz telephone number: 817 426-9848
Mobile phone number (24-hour)where heorshe can bereached: 817-880-5039
Email Address: ktanz@bur|esontx.com
VOUCHER UTILIZATION
The Participating City:
DOES wish to use a voucher system for its residents visiting the E[[ora mobile event.
__X DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile event.
If voucher system is used only residents with an official voucher provided by Participating City will be
allowed to drop wastes off at the E[[ or at mobile events in Participating City. A copy of the official
voucher must beattached tothis agreement.
INVOICE DELIVERY
Invoices toParticipating City shall bedelivered to:
[js3[)u8UO
Name
Neighborhood Services
Department (if applicable)
775 SEJohn Jones
Street Address or PO Box
Burleson, TX76038
City, State, ZIP
email address for billing questions and correspondence
Participating City shall notify Fort Worth in writing if the above contact information changes during the
term of this Agreement.
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 3 of 23
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation ofinter|oca| cooperation
agreements between and among local governments; and
WHEREAS, Texas Government [ode, §791.01I provides that a local government may contract with
another local government to pedbnn governmental functions and services, and §79I.003(3)(H) defines
waste disposal asagovernmental function and service; and
WHEREAS, Texas Government [ode §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 interloca|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 [ode, Chapter 791, also known as the |ntedoca| Cooperation Act.
NOW THEREFORE, it isagreed asfollows:
1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases,
asused inthis Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct immediate and exclusive operation of the
forces of nature, uncontrolled oruninfluenced by the power of humans and without human
intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (E[[) means the City of Fort Worth [ode Compliance -
Environmental Management Division facility located at64UU 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 reuse.
Environmental damages means all claims, judgments, damages, losses penalties, fines, liabilities
(including strict liability), encumbrances, liens, costs, and expenses ofinvestigation and defense
of any claim, whether or not such claim is ultimately defeated, and ofany good faith settlement
or judgment, of whatever kind or nature, contingent or otherwise, matured or un-matured,
foreseeable or unforeseeable, including without limitation reasonable ottomey's fees and
disbursements and consultant's fees, any of which are incurred subsequent to the execution of
this Agreement as o result of the handling, collection, transportation, storage, disposal,
treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of
violation of environmental requirements pertaining to same, and including without limitation:
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 4 of 23
(a)
Damages for personal injury and death, or injury to property or natural resources;
(6) Fees incurred forthe services of attorneys, consultants, contractors, experts, laboratories
and all other costs incurred in connection with the investigation or rernediatkon of such
wastes or violation of environmental requirements including, but not limited to, the
preparation ofany feasibility studies or reports or the performance of any cleanup,
nemediation, removal, response, abatement, containment closure, restoration or
monitoring work required 6yany federal, state orlocal governmental agency or political
subdivision, or otherwise expended in connection with the existence of such wastes or
violations of environmental requirements, and including without limitation any attorney's
fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due
hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or agency
for costs expended in connection with the items referenced in subparagraph (b) herein.
Environmental requirements means all applicable present and future statutes,regulations, rules,
ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions,
franchises, and similar items, ofall 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 rernediation of emissions, discharges, releases, or
threatened releases ofhazardous 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, orhazardous ortoxic substances, materials, orwastes, 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 maieuremeans decrees oforrestraints byo8overnmenta|instrumenta|ityotherthanthe
Parties, acts of God, work stoppages due to labor disputes or strikes, failure of Fort VVorth'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 (HHVV) means any solid waste generated in o household by o
consumer which, exceptforthe exclusion provided for in 40 CFR § 261.4(b)(1), would be classified
as o hazardous waste under 4O[FR Part 261.
Manifest means the uniform hazardous waste manifest fonn(s)that must accompany shipments
of municipal hazardous waste or Class 1 industrial solid waste.
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 5 of 23
Mob i|pcoUpc ioneventmean»ahouseho|dhazardouswmsteco|lec ioneventbyParticipatin8[ity
utilizing a mobile collection unit.
Mobile Collection Unit (MCU) means a non -self-propelled vehicle used for the periodic collection
of household hazardous waste by Participating City, off -site of the E[[ which is transported to
the E[[ 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 5Oto75households.
Participating City means the municipality which has entered into this agreement with the City of
Fort Worth.
Participating Entities, when used in the plural, means Fort Worth, Participating City,and all
other entities which have entered into inter|oca| agreements with Fort Worth for the E[[
household hazardous waste collection program.
Person means an individual, corporation, organization, government, orgovernmental subdivision
or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" asthat term is defined in Texas Health and Safety
Code 936l.003,and including hazardous substances,
B. Unless aprovision inthis Agreement explicitly states otherwise, the following abbreviations, as
used inthis Agreement, shall have the meanings hereinafter designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability 4c, its
amendments, associated case law, and state counterparts.
[pR-cardiopu|monarynsuycitation
DOT United States Department ofTransportation
{IC — Fort Worth Environmental Collection Center
EPA ' United States Environmental Protection Agency
HAZ[AT hazardous categorization
H4ZVVOPER hazardous waste operations and emergency response and the training,
certification, and legal requirements associated therewith
HIM - hazardous materials
HHVV-huusehoNhazardouswaste
K4CU-Mobile Collection Unit
T[EO—Texas Commission onEnvironmental Quality
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 6 of 23
Z.
PURPOSE
The purpose of this interloca|agreement (hereafter "Agreemert")is the provision of services by Fort
Worth toParticipating City whereby, subject tothe terms and conditions specified below, Fort Worth will
administer and supervise a regional household hazardous waste collection program, which will be
available tohouseholds within Participating City asdescribed herein.
B.
TERM
This Agreement shall beeffective from August 7.2023 or the date the last party has signed
this Agreement, This agreement will beself'nenewing infinitely. This agreement will be binding for both
parties until one or more parties terminate the agreement. Termination of the agreement shall be
provided toboth parties 4Sdays prior tothe completion date. However, the duties and responsibilities of
the Parties for events which occurred during the term of the contract shall survive.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City inconnection with the BZ
household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program. This
program will include the operation of the Environmental Collection Center, which will accept for
disposal and/or recycling household hazardous waste from households located within
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. Commercial waste isnever accepted byFort Worth.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort
VVorth'sobligations inthis Agreement,
C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste that iscollected at the ECCorduring mobile collection events.
D. Fort Worth will, ifrequested inwriting byParticipating City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
E. Fort Worth will, ifrequested inwriting byParticipating City, provide Participating City amonthly
report of the Participating City's households who disposed of household hazardous waste at the
Environmental Collection Center oramobile collection event.
F. Fort Worth will issue areport and aninvoice at the end ofeach quarter detailing the number of
Participating City's households that disposed of household hazardous waste at the
Environmental Collection Center oratmobile collection events.
ZOZz|ntednca|Agreement — Fort Worth Household Hazardous Waste Program Page 7ofZ3
G. Fort Worth will act under this Agreement in accord a nce with all applicable state and federal
H. Mobile Collection Events
Participating City may schedule a mobile collection event to be operated by Fort Worth personnel
using one ofFort VVorth's W1[Us or conduct their own mobile collection events using either
ParticipatinB[it/s W1[U orFort VVorth's Reserve K4[U (as available). State regulations require
notification tothe Texas Commission on Environmental Oua|hy(T[E[) at heast45 days prior to
conducting the event.
1. Fort Worth Operated Events:
|fParticipating City would like to schedule a mobile collection event with the Fort Worth
Mobile [oUegkzn Unit, Participating City shall contact the E[[assoon as possible for
list of available dates. The time and location shall be agreeable to both parties.
Participating City may schedule one mobile collection event each contract year. Fort
Worth will file notification of the event with TCEQ as required by 30 TAC §335.403.
(a) Scheduling Events
Fort Worth will begin scheduling mobile collection events for each calendar year
onthe first scheduled working day after the New Year begins. Toensure proper
notification toT[EQ, events must be scheduled at least sixty (@J) 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 [ity's request on a first come first served basis. Therefore,
Participating City acknowledges that its chosen dote 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. Only one mobile
collection event using Fort Worth staff and equipment per city is entitled under
this contract. Additional events may beaccommodated if feasible.
(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 (6U) days prior to the event. The waiver shall be in the form of
Exhibit B orsimilarform approved by FortWorth. The signed waiver must be sent
to Fort Worth sixty (60) days before the Mobile Collection Event. If the signed
waiver is not sent to Fort Worth sixty (60) days before the Mobile Collection
Event, Fort Worth will not send the Fort Worth Mobile Collection Unit tothe
event and Participating City will, in no event, be entitled to any damages or
recovery ofany costs, except as provided herein. All events must be held on an
impervious surface.
(d At the Mobile Collection Event Participating City acknowledges and agrees that
Fort Worth shall accept household hazardous waste from the first 50 households
that show proof of residency at the Mobile Collection Event. After the first 50
households, Fort Worth will determine in its sole discretion how much more
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 8 of 23
waste it can accept for proper transport back tothe E[[ If more households
arrive atthe event than Fort Worth can accept, Participating City will in no event
be entitled to any damages or recovery of any costs, except as provided herein.
(d) Due to limited storage space at the E[[ Participating [by acknowledges and
agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile
collection event, a Participating [by'sM[U shall not also be at the event.
(e) Fort Worth, inits sole discretion, will determine whether tosend the Fort Worth
Mobile Collection Unit to Participating [ity's Collection Event during adverse
weather, the threat ofadverse weather, or other hazardous conditions including
but not limited to sleet, snow, min, 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 [hY 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 E[[ to dispose of the waste. A map
with directions tothe ECCalso will beprovided.
(f)
The Participating City agrees to collect collection data at the M[U and provide
Fort Worth with a list oftotal M[U participants and total quantities of wastes
listed in an Excel spreadsheet in a template provided by Fort Worth as Exhibit C,
within ten (1O)days ofthe mobile collection event. Novouchers, sign -in sheets,
or copies of either will be accepted by Fort Worth.
3. Participating City Mobile Collection Unit:
(o) Fort Worth agrees toaccept household hazardous waste from mobile collection
events conducted by Participating City using Participating [ity's K8[U in
accordance with the terms ofthis Agreement.
(b) Fort Worth agrees to restock the items it removes from Participating City's MCU,
however, Fort Worth shall only restock kenu listed in Exhibit "A," attached and
incorporated herein asifset forth.
3 Loan of the Reserve Mobile Collection Unit
The reserve MCLI is a specially designed and equipped thirty-six (36) foot gooseneck box -
trailer and one (1)ton pickup owned by Fort Worth. Participating City may request the
loan of Fort Worth's Reserve MCU free of charge for use in a Household Hazardous Waste
collection event when available. Participating City may use the Reserve MCU to transport
HHVVto FortVVorth's E[[ oranother collection center that may lawfully receive HHVV.
Participating City shall provide Fort Worth with a written request facsimile or e-mail, at
least sixty (60) days prior tothe event dote for which the request is made. Fort Worth
shall have sole determination whether the Reserve K8[U 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
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 9 of 23
Participating [ky's HHVV Collection Event unless and except by written mutual
(a)
Fort Worth shall disclose any known problems the Reserve M[U may have in
performing the tasks necessary for the HHVV Collection Event Prior to issuance
of the Reserve K4[U' a pre -trip inspection for potential maintenance problems
will be performed 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 ofthe Reserve M[U.
(6) Participating City agrees to maintain and return the Reserve K4[U in as good
condition as it was in when Participating [by took possession for use.
Participating City shall return the Reserve K4[U to Fort Worth in a timely manner
and as mutually agreed upon.
(c) Participating City shall beresponsible for all property damage, personal injury, or
death caused by Participating Ot/s employees, volunteers, contractors, or
agents and arising out of the use of the Reserve K4[U during the term of this
Agreement.
(d) It is expressly understood and agreed that, in the execution of this Agreement,
neitherof the parties waives, norshall be deemed herebyto waive, any immunity
ordefense that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions. By entering into this Agreement
the parties do not intend to create any obligations, expressed or implied, other
than those set forth herein and this Agreement shall not create any rights in
parties not signatories hereto,
S.
DUTIES OFPARTICIPATING 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 onthe signature page tothis contract,
B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as
bdeems necessary. Such advertising shall include the type ofwastes that will beaccepted atthe
ECC, the requirement of proof of residency, and weather cancellation information.
C. Participating City shall notify its residents of the E[[ hours of operation and dates it is closed as
provided in Section 9 "The Environmental Collection Center Hours of Operation."
D. Participating City may choose to utilize a voucher system for its residents in order for them to
bring HHVVtothe E[[. |fParticipating City chooses to use such asysem, it shall designate so
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 10 of 23
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. Part ici pat ing City may submit a written request for a monthly report listing the num be r of its city's
households that have disposed ofhousehold hazardous waste atthe E[[ora mobile collection
event.
F. Participating City shall provide traffic control and signageforthe mobile collection event, and shall
provide personnel to assist Fort Worth with the off loading of material, surveys, and screening of
persons dropping off household hazardous waste. Prior to the event, the parties shall agree upon
the details of the traffic control, signage, and personnel assistance.
G. If a Participating City resident presents waste that was collected from multiple households, Fort
Worth reserves the right to charge the Participating City based on the total number of households
from which the waste originated even ifthe resident has only one voucher.
H. Participating City shall provide a means for disposing of solid waste (e.g. boxes, trash, containers)
onsite during amobile collection event.
1. Mobile Collection Events using Participating City's MCU or Reserve MCU
1, Participating City is responsible for proper notification to T[EQ as required by
J. Participating City shall advise the E[[zt least 72hours inadvance ofits mobile collection
events. Participating City shall collect only HHW during a mobile collection event, Wastes
from commercial, agricultural, and industrial sources shall not be accepted. Participating
City shall not accept compressed flammable gas containers; radioactive materials;
explosives or potentially shock sensitive materials; biological, etiologic, o/ infectious
materials; orany other wastes that Fort Worth has determined are unacceptable.
l In accordance with the latest DOT requirements, Participaiing[ky's K4[U operators will
properly categorize, package, mad, label, and load into the M[U, all wastes received at
the mobile collection event. Recyclable products (used oil, used oil filters, latex paint,
recyclable anti4freeze,lead-acid batteries, and fluorescent lights) will besegregated into
containers for recydab)es.
4. After accepting wastes, Participating [ity's K4[U operators shall thoroughly check each
container for proper labeling and identification. If container is properly identified' the
material will be segregated according to hazard class and prepared for packaging. If
container does not have adequate labeling to permit identification, the M[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.
S. The Participating [kys K4[U operators shall package all hazardous materials in
accordance with DOT requirements, EPA requirements, and all other applicable federal
2021 Interlocal Agreement - Fort Worth Household Hazardous Waste Program Page 11 of 23
and state requirements. After all the wastes have been properly identified and
segregated, the MCU operators will reexamine the wastes for compatibility, list them on
the container content sheets, and pack them into drums. Oil -based paints and latex paints
shall be bulked separately in 55-gallon drums, or if the paint is left in its container, the
paint can be packed in a lined cubic yard box, and packed and labeled according to federal
and state regulations. Participating City shall not transport waste that is not HHW to the
ECC. Participating City agrees to make its own arrangements to dispose of any non-HHW
waste collected at the event.
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 MCU during transportation of the HHW to the ECC. Participating City
shall require that a minimum of one copy of the latest North American Emergency
Response Guidebook be kept within the cab of the truck.
7. During transportation, Participating City's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
8. Upon the return of the 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 delivered to the ECC manager or his/her 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 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 as set forth herein.
10. 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 response and Participating City will reimburse Fort Worth for its response costs
as set forth herein.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste, from the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste
collected, (excluding used oil, lead -acid batteries and antifreeze) to choose a disposal site for the
waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities
against any and all environmental damages and the violation of any and all environmental
requirements resulting from the handling, collection, transportation, storage, disposal,
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 12 of 23
treatment, recovery, and/or recycling of waste collected pursuant tothis agreement, when said
environmental damages orthe violation of said environmental requirements was the result of any
act or omission of contractor, its officers, agents, employees, or subcontractors, nrthe joint act
nromission ofcontractor, its officers, agents, employees, orsubcontractors 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 AND STATE LAW. Fort Worth will arrange for recycling
vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate.
7.
REUSE OFCOLLECTED MATERIALS
A. From time -to -time Fort Worth will make available to residents and businesses of Fort Worth, as
well as, Participating City residents and businesses nfParticipating 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 byFort Worth
prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered,
and pHbalanced, and new antifreeze may have been added tothe barrel.
C. In regards to materials accepted by Participating City, its employees residents, or any other
person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, ORGUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the manufacturer;
3. the product isofthe quality intended for its use;
4. the contents ofthe 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
D. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND |h8PUEO\ ARE SPECIFICALLY DENIED.
PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS.
D, Participating City shall contact the E[[ 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.
2021 Interlocal Agreement - Fort Worth Household Hazardous Waste Program Page z3ofZ]
E. INDEMNIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY PARTICIPATING CITY,
PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY
CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND
PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF
LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS,
LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY, OCCASIONED
BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY 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 CITY SHALL NOT ACCEPT, NOR ALLOW ANY
OTHER PERSON TO ACCEPT ANY OF THE REUSED OR RECYCLED MATERIALS AND SHALL NOT BE
REQUIRED TO AGREE TO THE WAIVER IN PARAGRAPH E. Initial here to reject term 7.E.1. and
accept alternate term 7.E.2.
F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH
MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED.
G. 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
liability must be signed to accept the household hazardous waste for reuse.
8.
RIGHT TO REFUSE WASTE
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 14 of 23
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the E[Cfrom
Participating City or Participating City's resident, if in the reasonable judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established bythis 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 avalid voucher; nr
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 ofOperation
During the term ufthe Agreement, the E[['shours ufoperation are asfollows:
Thursday and Friday II:OOa.m. 7:00p.m.
Saturday 9:0Oa.m. 3:00p.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 E[[wnu|d otherwise be open to the public:
New Year's Day
Martin Luther King Jr. Day
Thanksgiving holiday, Thursday and Friday
Memorial Day
Independence Day
Labor Day
Christmas Day
In addition to the above closures Fort Worth employees may not be available to conduct mobile
collection events on other dates to conduct mobile collections within the City of Fort Worth,
although the E[[wiU remain open on those days. The E[[ may dose due to furlough days or
other causes, and the City ofFort Worth does not represent to Participating City that the E[[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.
2021 Interlocal Agreement - Fort Worth Household Hazardous Waste Program Page 15 of 23
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be
dosed. Participating City also may advertise the 24'hour Environmental Collection [enter
telephone number: OI7-39Z'lJ34.
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 $50.00 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. |fFort Worth determines that Participating [it/s M[Uoperators improperly packaged any ofthe
HHVV delivered to the E[C, 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 M[Uis still in Participating City's possession, Fort Worth shall take control of the spill response
and Participating City will reimburse Fort Worth for its response costs for City staff time ($60.00
per hour) plus the cost of supplies and the actual costs for the spill response and nymadiatinn
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 ['
shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30 days
ofreceiving a bill from Fort Worth. |fFort Worth does not receive payment within 30 days, Fort
Worth shall inform Participating City in writing that it will not accept any household hazardous
waste from Partidpahn8[ity's residents and that Fort Worth will not participate in a mobile
collection event orprovide a mobile collection unit until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number nfParticipating [ity'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 ofGovernment [ode O791.011 (a)(3), the amount due to Fort
Worth under Subparagraph D. above shall be paid from revenues currently available to
Participating City inthe present fiscal year.
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 16 of 23
11.
ARTWORK, "CAPTAIN CRUD AND THE [RUDD(ES,^AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of"Captain Crud" and the [,uddies("Blopmer,"°Otto,'"9este,""Scrub,"and
"Van Goo") and the recycling buddies ("Scrappy," "Juggles," and "Cana Nana")' "Conquer Your Crud,"
and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered
these marks as service marks with the Secretary of State.
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. |fParticipating 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 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. |fParticipating City wants to modify or change the artwork and/or
promotional materials in any manner, Participating City hereby agrees 10 contact Fort Worth in
writing to obtain written consent before modifying or changing any artwork and/or promotional
materials.
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 10 waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise ofgovernmental powers and functions, and that the
services described in this Agreement are governmental function.
13.
FOR[EMAJEURE
A delay or failure of Fort Worth to perform services pursuant tothis Agreement shall be excused tothe
extent that the delay orfailure to perform resulted from a force majeure event' and the delay orfailure
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 resultingfrom delays orfailure to perform
caused byaforce majeureevent.
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 17 of 23
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason' with or without cause'
upon thirty (3O) days written notice tuthe other party. Upon termination, the parties shall be released
from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS
FOR HOUSEHOLD HAZARDOUS WASTE" "REUSE OF COLLECTED K4ATER|ALS" and ARTWORK, "CAPTAIN
CRUD AND THE [RUDD|ES^"AND "PROMOTIONAL MATERIALS U[ENSEAGREEW1ENT" and any terms and
conditions arising from events occurring during the term cfthe 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 ifnot contained herein, except that this Agreement
can beamended ormodified bythe parties if such amendment ormodification isinwriting and signed by
Participating City and Fort Worth,
16.
SEVERABILITY
|nthe event anyone ormore ofthe provisions contained inthis Agreement shall for any reason beheld to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, orunenforreabi|ityshall not
affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
17.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this
Agreement, venue for said action shall beinTarrant County, Texas.
l&
AUTHORITY
This Agreement is made for Fort Worth and Participating City asan Interloca|Agreement, pursuant to
Texas Government Code, Chapter 791.
19.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials and have
the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby
certifies to the other that any necessary resolutions extending such authority have been duly passed and
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 18 of 23
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH CITY OF BURLES011
By: Imo/ By:
Va iu f,lhu Arlitjrl l7,a 11 l. rUl
NJ/
Valerie Washington Printedme:
Assistant City Manager
Date: Sep 13, 2023
Title: City Manager
Date: August 7. 2023
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY:
Christopher Austria
Sr. Assistant City Attorney
AND LEGALITY:
City Attorney / Assint City Attorney
ATTEST: ATTEST:
Janette S. Goodall
City Secretary
28226
Contract Authorization No.
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 19 of 23
CITY OFFORT WORTH
CONTRACT COMPLIANCE MANAGER
By signing | acknowledge that | am the person responsible for the monitoring and administration of this
contract, including ensuring all performance and reporting requirements,
Rex]ohnson
Environmental Supervisor — Environmental Collection Center
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 20 of 23
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material
Amount Restocked
Special Needs
Remarks
55 gallon open top drums
(open top for loose packs)
Amount taken off the
trailer
55 gallon drums (closed
top) (oil, antifreeze, bulk
flammable materials and
one extra)
Amount taken off the
trailer
Fiber drums (55 or 30
gallon) Aerosols, acids,
bases and oxidizers)
Amount taken off the
trailer
Gaylord box liners
(plastic)
Amount taken off the
trailer
55 gallon drum liners
Amount taken off the
trailer
5 gallon buckets
(filters/haz chemicals)
Amount taken off the
trailer
Survey Forms
Amount taken off the
trailer
Labels/drum placard
Amount taken off the
trailer
Gaylord boxes
Amount taken off the
trailer
Absorbent pads
Amount taken off the
trailer
Vermiculite
Amount taken off the
trailer
Oil dry
Amount taken off the
trailer
Promotional Materials &
Brochures
Amount needed
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 21 of 23
Exhibit "B"
WAIVER AND RELEASE OFLIABILITY FOR COLLECTION OFHOUSEHOLD
HAZARDOUS WASTE
| being the owner ofproperty located at
have been asked by the City of to allow mobile collection event on my
property to collect household hazardous waste on the , 20___. | hereby give my
permission to the City of and the City cfFort Worth, to hold a household
hazardous waste collection event onmyproperty inwhich the City of has
asked the City cfFort Worth to send its mobile collection unit to collect the household hazardous waste
that isbrought tothe event.
Therefore, | 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 o, 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 |uo or
damage, for any and all personal injury including death or any other damage of any kind or character
which may arises or that arises from allowing the City of to hold a household
hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my
property.
| have mad this Waiver and Release and fully understand its terms and conditions. | have not been
influenced in any extent whatsoever by any representation or statements not contained in this
Agreement.
Signature Date
Witness Date
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 22 of 23
Exhibit "C"
MOBILE COLLECTION DATA FORMAT
2021 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 23 of 23