HomeMy WebLinkAboutContract 60423CSC No. 60423
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTHS
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home -rule municipal
corporation situated in Tarrant, Denton, Parker, Johnson, and Wise Counties, Texas, hereinafter called
"Fort Worth," acting by and through Valerie Washington, its duly authorized Assistant City Manager and
the City of Blue Mound, Texas, hereinafter referred to as "Participating City" and located in Tarrant
County, Texas, acting herein by and through Darlene Copeland its duly authorized Mayor. Fort Worth and
Blue Mound may be referred to herein individually as a "Party" or collectively as the "Parties."
DELIVERY OF NOTICES
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Rex Johnson, Environmental Supervisor
Code Compliance — Solid Waste
City of Fort Worth
4100 Columbus Trail
Fort Worth, Texas 76133
If to Participating City:
Jennifer Calvert, City Administrator
City of Blue Mound
301 S. Blue Mound Road
Blue Mound, Texas 76131
OPERATIONAL CONTACTS
Participating City's Operational Contact Persons:
Designated person is: Darlene Copeland
Telephone number: 817-232-0663 ex 160
Mobile phone number (24-hour) where she can be reached: 817-991-0782
Email Address: dcopeland@bluemoundtexas.us
Alternate person is: Jennifer Calvert
Telephone number: 817-232-0663 ex 110
Mobile phone number (24-hour) where she can be reached: 832-217-4487
Email Address: jcalvert@bluemoundtexas.us
2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 2 of 22
VOUCHER UTILIZATION
The Participating City:
X_ DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile event.
If a voucher system is 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:
City of Blue Mound
Name
Accounts Payable
Department (if applicable)
301 S. Blue Mound Road
Street Address or PO Box
Blue Mound, Texas 76131
City, State, ZIP
agreer@bluemoundtexas.us
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.
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation
agreements between and among local governments; 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 § 791.003(3)(H) defines
waste disposal as a governmental function and service; and
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WHEREAS, Texas Government Code, § 791.025 provides that a local government may agree with another
local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort
Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a
household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
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 this Agreement, shall have the meanings hereinafter designated:
Act of God means an act occasioned by the direct, immediate, and exclusive operation of the
forces of nature, uncontrolled or uninfluenced by the power of humans and without human
intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Code Compliance -
Environmental Management Division facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for the aggregation of household hazardous wastes that have
been brought to the facility by participating cities' households for 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 of investigation and defense
of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement
or judgment, of whatever kind or nature, contingent or otherwise, matured or un-matured,
foreseeable or unforeseeable, including without limitation reasonable attorney's fees and
disbursements and consultant's fees, any of which are incurred subsequent to the execution of
this Agreement as a result of the handling, collection, transportation, storage, disposal,
treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a
violation of environmental requirements pertaining to same, and including without limitation:
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories, and all other costs incurred in connection with the investigation or
remediation of such wastes or violation of environmental requirements including, but not
limited to, the preparation of any feasibility studies or reports or the performance of any
cleanup, remediation, removal, response, abatement, containment, closure, restoration,
or monitoring work required by any federal, state, or local governmental agency or
2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 4 of 22
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 of all governmental agencies, departments, commissions, boards,
bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and
all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to
the protection of human health or the environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting, licensing,
permitting, investigation, and remediation of emissions, discharges, releases, or
threatened releases of hazardous materials, pollutants, contaminants, or hazardous or
toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the
air, surface water, groundwater, storm water, or land or relating to the manufacture,
processing, distribution, use, treatment, storage, disposal, transport, or handling of
pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether
solid, liquid, or gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of employees or
the public.
Force maieure means decrees of or restraints by a governmental instrumentality other than the
Parties, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's
contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the
collection of household hazardous waste, fires, explosions, epidemics, floods, extreme weather,
riots, war, rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by a
consumer that, 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 (MCU) means a non -self-propelled vehicle used for the periodic collection
of household hazardous waste by Participating City, off -site of the ECC, which is transported to
the ECC to dispose of the household hazardous waste collected at the mobile collection event.
Mobile Collection Units owned by Fort Worth are designed to hold the hazardous waste of
approximately 50 to 75 households.
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Participating Citv means the municipality that 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 that have entered into interlocal agreements with Fort Worth for the ECC household
hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental subdivision
or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety
Code §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as
used in this Agreement, shall have the meanings hereinafter designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act, its
amendments, associated case law, and state counterparts.
CPR - cardiopulmonary resuscitation.
DOT- United States Department of Transportation.
ECC — Fort Worth Environmental Collection Center.
EPA - United States Environmental Protection Agency.
HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response and the training,
certification, and legal requirements associated therewith.
HM - hazardous materials.
HHW - household hazardous waste.
MCU - Mobile Collection Unit.
TCE —Texas Commission on Environmental Quality.
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort
Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will
administer and supervise a regional household hazardous waste collection program, which will be
available to households within Participating City as described herein.
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3.
TERM
This Agreement shall be effective on October 1, 2023 This Agreement will be self -renewing infinitely. This
Agreement will be binding for both Parties until one or more Parties terminate the Agreement.
Termination of the Agreement shall be provided to both Parties forty-five (45) days prior to the
completion date. However, the duties and responsibilities of the Parties for events that 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 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 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 is never accepted by Fort Worth.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort
Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste that is collected at the ECC or during mobile collection events.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies
of waste manifests for shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly
report of the Participating City's households who disposed of household hazardous waste at the
ECC 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 ECC or at
mobile collection events.
G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws.
H. Mobile Collection Events
Participating City may schedule a mobile collection event to be operated by Fort Worth personnel
using one of Fort Worth's MCUs or conduct their own mobile collection events using either
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Participating City's MCU or Fort Worth's reserve MCU (as available). State regulations require
notification to the Texas Commission on Environmental Quality (TCEQ) at least forty-five (45) days
prior to conducting the event.
1. Fort Worth Operated Events:
If Participating City would like to schedule a mobile collection event with the Fort Worth
MCU, Participating City shall contact the ECC as soon as possible for a list of available
dates. The time and location shall be agreeable to both Parties. Participating City may
schedule one mobile collection event each contract year. Fort Worth will file notification
of the event with TCEQ as required by 30 TAC §335.403.
(a) Scheduling Events
Fort Worth will begin scheduling mobile collection events for each calendar year
on the first scheduled working day after the New Year begins. To ensure proper
notification to TCEQ, events must be scheduled at least sixty (60) days ahead of
the proposed date. Participating City acknowledges that Fort Worth contracts
with other 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. Only one mobile
collection event using Fort Worth staff and equipment per city is entitled under
this Agreement. Additional events may be accommodated 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 (60) days prior to the event. The waiver shall be in the form of
Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent
to Fort Worth sixty (60) days before the mobile collection event. If the signed
waiver is not sent to Fort Worth sixty (60) days before the mobile collection event,
Fort Worth will not send the Fort Worth MCU 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 determine in its sole discretion how much more
waste it can accept for proper transport back to the ECC. If more households
arrive at the event than Fort Worth can accept, Participating City will in no event
be entitled to any damages or recovery of any costs, except as provided herein.
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(d) Due to limited storage space at the ECC, Participating City acknowledges and
agrees that if it requests the Fort Worth MCU at a mobile collection event, a
Participating City's MCU shall not also be at the event.
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth
MCU 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 MCU, Fort Worth shall attempt to notify persons listed herein as
an "Operational Contact" by the Participating City and shall attempt to send a
Fort Worth employee to the Participating City's event to tell any residents that
come to dispose of household hazardous waste that the Fort Worth MCU will not
be coming to the event, but the resident can go to the ECC to dispose of the
waste. A map with directions to the ECC also will be provided.
(f) The Participating City agrees to collect collection data at the MCU and provide
Fort Worth with a list of total MCU participants and total quantities of wastes
listed in an Excel spreadsheet in a template provided by Fort Worth as Exhibit C,
within ten (10) days of the mobile collection event. No vouchers, sign -in sheets,
or copies of either will be accepted by Fort Worth.
2. Participating City MCU:
(a) Fort Worth agrees to accept household hazardous waste from mobile collection
events conducted by Participating City using Participating City's MCU in
accordance with the terms of this Agreement.
(b) Fort Worth agrees to restock the items it removes from Participating City's MCU;
however, Fort Worth shall only restock items listed in Exhibit "A," attached and
incorporated herein as if set forth.
3 Loan of the reserve MCU:
The reserve MCU 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 HHW collection event when
available. Participating City may use the reserve MCU to transport HHW to Fort Worth's
ECC or another collection center that may lawfully receive HHW. Participating City shall
provide Fort Worth with a written request, facsimile, or e-mail, at least sixty (60) days
prior to the event date for which the request is made. Fort Worth shall have sole
determination whether the Reserve MCU is available for use by Participating City and shall
notify Participating City as soon as is reasonably practicable of such decision. Fort Worth
shall not participate in nor be responsible for any part of the Participating City's HHW
Collection Event unless and except by written mutual agreement.
(a) Fort Worth shall disclose any known problems the Reserve MCU may have in
performing the tasks necessary for the HHW Collection Event. Prior to issuance
of the reserve MCU, a pre -trip inspection for potential maintenance problems will
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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 of the reserve MCU.
(b) Participating City agrees to maintain and return the reserve MCU in as good
condition as it was in when Participating City took possession for use.
Participating City shall return the reserve MCU to Fort Worth in a timely manner
and as mutually agreed upon.
(c) Participating City shall be responsible for all property damage, personal injury, or
death caused by Participating City's employees, volunteers, contractors, or
agents and arising out of the use of the reserve MCU during the term of this
Agreement.
(d) It is expressly understood and agreed that, in the execution of this Agreement,
neither of the Parties waive, nor shall be deemed hereby to waive, any immunity
or defense that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions. By entering into this Agreement
the Parties do not intend to create any obligations, expressed or implied, other
than those set forth herein and this Agreement shall not create any rights in
parties not signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household hazardous
waste collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act as its
household hazardous waste collection Operational Contact to interact with Fort Worth as
designated on the signature page to this Agreement.
Participating City will coordinate and fund all program advertising targeted to its own citizens, as
it deems necessary. Such advertising shall include the type of wastes that will be accepted at the
ECC, the requirement of proof of residency, and weather cancellation information.
C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as
provided in Section 9 "The Environmental Collection Center Hours of Operation."
D. Participating City may choose to utilize a voucher system for its residents in order for them to
bring HHW to the ECC. If Participating City chooses to use such a system, it shall designate so
herein and include a copy of the official voucher. In addition, if a citizen from the 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.
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E. Participating City may submit a written request for a monthly report listing the number of its city's
households that have disposed of household hazardous waste at the ECC or a mobile collection
event.
F. Participating City shall provide traffic control and signage for the mobile collection event and shall
provide personnel to assist Fort Worth with the offloading of material, surveys, and screening of
persons dropping off household hazardous waste. Prior to the event, the Parties shall agree upon
the details of the traffic control, signage, and personnel assistance.
G. If a Participating City resident presents waste that was collected from multiple households, Fort
Worth reserves the right to charge the Participating City based on the total number of households
from which the waste originated even if the resident has only one voucher.
H. Participating City shall provide a means for disposing of solid waste (e.g. boxes, trash, containers)
on site during a mobile collection event.
Mobile Collection Events using Participating City's MCU or Reserve MCU:
1. Participating City is responsible for proper notification to TCEQ as required by
30 TAC §335.403.
2. Participating City shall advise the ECC at least 72 hours in advance of its mobile collection
events. Participating City shall collect only HHW during a mobile collection event. Wastes
from commercial, agricultural, and industrial sources shall not be accepted. Participating
City shall not accept compressed flammable gas containers; radioactive materials;
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 categorize, package, mark, label, and load into the MCU all wastes received at
the mobile collection event. Recyclable products (used oil, used oil filters, latex paint,
recyclable anti -freeze, lead -acid batteries, and fluorescent lights) will be segregated into
containers for recyclables.
4. After accepting wastes, Participating City's MCU operators shall thoroughly check each
container for proper labeling and identification. If a container is properly identified, the
material will be segregated according to hazard class and prepared for packaging. If a
container does not have adequate labeling to permit identification, the MCU operators
shall then attempt to identify the material from its physical characteristics using HAZCAT
analysis and from information provided by the household presenting the waste.
5. The Participating City's MCU operators shall package all hazardous materials in
accordance with DOT requirements, EPA requirements, and all other applicable federal
and state requirements. After all the wastes have been properly identified and
segregated, the MCU operators will reexamine the wastes for compatibility, list them on
the container content sheets, and pack them into drums. Oil -based paints and latex paints
shall be bulked separately in 55-gallon drums, or if the paint is left in its container, the
paint can be packed in a lined cubic yard box, and packed and labeled according to federal
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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 (1) copy of the latest North American Emergency
Response Guidebook be kept within the cab of the truck.
During transportation, Participating City's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
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 ten (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,
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, 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.
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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 OF COLLECTED MATERIALS
A. From time -to -time Fort Worth will make available to residents and businesses of Fort Worth, as
well as Participating City's residents and businesses, for their use of collected household
hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and
antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth
prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered,
and pH balanced, and new antifreeze may have been added to the barrel.
C. In regards to materials accepted by Participating City, its employees, residents, businesses, or any
other person, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES
THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property, or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED.
PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS.
D. Participating City shall contact the ECC manager to arrange a pickup time to obtain materials.
Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials
it obtains from Fort Worth under this paragraph.
E. INDEMNIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
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1. TO THE EXTENT PERMITTED BY LAW, 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 THAT 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
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:
2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 14 of 22
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that have
been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a resident
of Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of waste, and the
individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION
A. Hours of Operation
During the term of this Agreement, the ECC's hours of operation are as follows:
Thursday and Friday 11:00 a.m. - 7:00 p.m.
Saturday 9:00 a.m. - 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of this agreement, the ECC will be closed on the following holidays that are
observed on days the ECC would 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 ECC will remain open on those days. The ECC may close due to furlough days or
other causes and the City of Fort Worth does not represent to Participating City that the ECC will
be open on any particular days. If additional closures due to any cause are necessary Fort Worth
will notify Participating City prior to the closure unless due to an unforeseeable event.
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be
closed. Participating City also may advertise the 24-hour Environmental Collection Center
telephone number: 817-392-1234.
2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 15 of 22
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 $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 participating household in a Mobile Collection Event) by providing Participating
City at least ninety (90) days written notice and by mutual consent. If Participating City does not
consent to the adjustment, then this Agreement may be terminated in accordance with the
Agreement.
If Fort Worth determines that Participating City's MCU operators improperly packaged any of the
HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall
reimburse Fort Worth for its staff time at $20.00 an hour and the cost of supplies.
C. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the ECC while
the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response
and Participating City will reimburse Fort Worth for its response costs for City staff time at a rate
of $60.00 per hour, plus the cost of supplies and the actual costs for the spill response and
remediation incurred by the City of Fort Worth for third -party contractors and responding
governmental agencies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C,
shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within thirty
(30) days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within thirty
(30) days, Fort Worth shall inform Participating City in writing that it will not accept any household
hazardous waste from Participating City's residents and that Fort Worth will not participate in a
mobile collection event or provide a MCU until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households that
participated in the program; repackaging fees, if any; and the total cost of spill response charged
to Participating City, if any.
Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort
Worth under Subparagraph D. above shall be paid from revenues currently available to
Participating City in the present fiscal year.
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie," "Scrub," and
"Van Goo") and the recycling buddies ("Scrappy," "Juggles," and "Cana Nana"), "Conquer Your Crud,"
2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 16 of 22
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 situations, Participating City must first obtain express written consent from Fort
Worth.
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. 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.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, the Participating City
neither waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions, and that the
services described in this Agreement are a governmental function.
13.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the
extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure
was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not
have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform
caused by a force majeure event.
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 termination, the parties shall be released
from all contractual obligations to the other Party excluding the following sections: "USE OF WASTE
DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE," "REUSE OF COLLECTED
MATERIALS," and "ARTWORK, `CAPTAIN CRUD AND THE CRUDDIES/ AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT" and any terms and conditions arising from events occurring during the term of the
Agreement.
15.
ENTIRETY
2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 17 of 22
This Agreement contains all commitments and agreements of the Parties hereto, and no other oral or
written commitments shall have any force or effect if not contained herein, except that this Agreement
can be amended or modified by the Parties if such amendment or modification is in writing and signed by
Participating City and Fort Worth.
16.
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
unenforceable provisions had never been contained herein.
17.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this
Agreement, venue for said action shall be in Tarrant County, Texas.
18.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to
Texas Government Code, Chapter 791.
19.
AUTHORIZATION
The undersigned officers and/or agents of the Parties hereto are properly authorized officials and have
the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby
certifies to the other that any necessary resolutions extending such authority have been duly passed and
are now in full force and effect.
2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 18 of 22
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH
i/.J`A/1,-
Bypalerie Washington (Nov 6, 202313:31 CST)
Valerie Washington,
Assistant City Manager
Date: Nov 6, 2023
APPROVED AS TO FORM AND LEGALITY:
By:a-1--
Christopher Austria,
Sr. Assistant City Attorney
ATTEST:
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pOF..... A10
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By
oaIlIl
Jannette Goodall,
nEX°544p
City Secretary
Contract Authorization No. 28276
1295: N/A
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER
Darlene Copeland,
Mayor jjn
Date: /a - a -5,
APPROVED AS TO FORM AND LEGALITY:
By:
Ashley D. Dierker,
City Attorney
ZATTUm,
City Secretary
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
Agreement, including ensuring all performance and reporting requirements.
Bic"--
RexJohnson
Environmental Supervisor — Environmental Collection Center
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 19 of 22
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount Restocked
55 gallon open top drums Amount taken off the
(open top for loose packs) trailer
55 gallon drums (closed
Amount taken off the
top) (oil, antifreeze, bulk
trailer
flammable materials and
one extra)
Fiber drums (55 or 30
Amount taken off the
gallon) Aerosols, acids,
trailer
bases and oxidizers)
Gaylord box liners
Amount taken off the
(plastic)
trailer
55 gallon drum liners
Amount taken off the
trailer
5 gallon buckets
Amount taken off the
(filters/haz chemicals)
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 &
Amount needed
Brochures
Special Needs
Remarks
2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 20 of 22
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 Blue Mound to allow a mobile collection event on my property to collect
household hazardous waste on , 20_. 1 hereby give my permission to the City of
Blue Mound and the City of Fort Worth, to hold a household hazardous waste collection event on my
property in which the City of Blue Mound has asked the City of Fort Worth to send its mobile collection
unit to collect the household hazardous waste that is brought to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY the City of Fort Worth or
its officers, agents, and employees and the City of Blue Mound 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 Blue Mound
or its officers, agents, and/or employees for any property loss or damage, for any and all personal injury
including death or any other damage of any kind or character that may arises or that arises from allowing
the City of Blue Mound to hold a household hazardous waste collection event, in which the City of Fort
Worth sends its mobile collection unit on my property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not been
influenced in any extent whatsoever by any representation or statements not contained in this
Agreement.
Signature Date
Witness Date
2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 21 of 22
Exhibit "C"
MOBILE COLLECTION DATA FORMAT
t
Page 22 of 22