HomeMy WebLinkAboutItem 18 - Hazardous Waste ProgramMEMO TO: • •-A: •- AND MEMBERS OF •
FROM: •- • -
MEETING DATE: AUGUST 16, 2016
SUBJECT: APPROVAL TO RENEW AN ANNUAL INTERLOCAL
AGREEMENT CITY OF FORT WORTH HOUSEHOLD
HAZARDOUS WASTE PROGRAM
City Council consider renewing an annual Interlocal Agreement with the City of Fort Worth
for continued participation in their Environmental Collection Center and Household
Hazardous Waste Program, authorize the City Manager to execute said agreement and
take any necessary action.
FUNDING SOURCE:
Funds are budgeted in the FY17 Budget account 100-44540-415-5; Professional Services
in an amount of $51,500.
Grapevine has participated with Fort Worth in providing a Household Hazardous Waste
(HHW) collection facility and program for the past several years. The City of Fort Worth
Environmental Collection Center (ECC) accepts HHW from citizens of participating cities
directly, provides for local collection events, and provides logistical support for the sound
disposal of hazardous waste. The agreement is for an initial one-year period with an
additional one-year renewal option.
The cost charged by the ECC for each household that utilized the service was
$47/household for Fiscal Year 2016 and will remain $47/household for Fiscal Year 2017.
In Grapevine, 840 households have participated in the program so far, through three
quarters in FY 2016 at a disposal cost of $39,480. The City of Grapevine committed
sufficient resources to host a local collection event on March 26, 2016 with 679 households
participating during the event, and 479 dropping off HHW for disposal. Adequate funds
have been earmarked for FY 2017 to provide for 1,095 households.
The HHW program provides our citizens with an environmentally sound method of
disposal. Without this alternative, hazardous waste could be illegally disposed of in the
solid waste collection system, stormwater drainage system, or the wastewater collection
and treatment system. The United States and the State of Texas have promulgated rules
that require cities to manage pollution in stormwater runoff; and the HHW program is
utilized as a component of the comprehensive Storm Water Quality Management
Program.
Thursday, August 11, 2016 (8:18:29 AM)
Staff recommends approval.
JSL/ds
Thursday, August 11, 2016 (8:18:29 AM)
INTERLOCALAGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2017
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
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, and Wise Counties, Texas, hereinafter called "Fort
Worth," acting by and through Fernando Costa, its duly authorized Assistant City Manager and the City
of Grapevine hereinafter referred to as "Participating City" and located in
Tarrant County, Texas acting herein by and through Bruno Rumbelow its
duly authorized City Manager (Name)
(Title)
DELIVERY OF NOTICES
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Cody Whittenburg, Environmental Program Manager
Code Compliance — Environmental Management Division
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating City:
Dewey Stoffels
City of Grapevine
P.O. Box 95104
Grapevine, TX 76099
2017 Interlocal Agreement— Fort Worth Household Hazardous Waste Program Page 2 of 23
OPERATIONAL CONTACTS
Participating City's Operational Contact Persons:
Designated person is: Dewey Stoffels telephone number: 817410-3389
Mobile phone number (24-hour) where he/she can be reached: 940-395-7174
Email Address: dstoffels@grapevinetexas.gov
Alternate person is Jimmy Brock telephone number: 817-410-3570
Mobile phone number (24-hour) where he or she can be reached: 817-247-0951
Email Address: jbrock@grapevinetexas.gov
VOUCHER UTILIZATION
The Participating City:
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:
Dewey Stoffels, Environmental Manager
Name
Public Works
Department (if applicable)
501 Shady Brook Dr.
Street Address or PO Box
Grapevine, TX 76051
City, State, ZIP
dstoffels@grapevinetexas.gov
email address for billing questions and correspondence
2017 Interlocal Agreement— Fort Worth Household Hazardous Waste Program Page 3 of 23
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
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
2017 Interlocal Agreement— Fort Worth Household Hazardous Waste Program Page 4 of 23
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 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.
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Household hazardous waste (HHW) means any solid waste generated in a household by a
consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be
classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) that must accompany shipments
of municipal hazardous waste or Class 1 industrial solid waste.
Mobile collection event means a household hazardous waste collection event by Participating
City utilizing a mobile collection unit.
Mobile Collection Unit (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.
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 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
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HM - hazardous materials
HHW - household hazardous waste
MCU - Mobile Collection Unit
TCEQ—Texas Commission on Environmental Quality
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.
3.
TERM
This Agreement shall be effective from October 1, 2016 or the date the last party has signed this
Agreement, whichever is later, through September 30, 2017; however, the duties and responsibilities of
the Parties for events which occurred during the term of the contract shall survive. If Participating City
has mobile collection events scheduled during the months of October through December 2017 and this
Agreement has not been renewed by the end of the regular term, this agreement shall be extended on a
month to month basis until the mobile collection events have been completed or cancelled by
Participating City.
In addition, this agreement may be extended by the duly authorized, mutual, and written agreement of
the parties for one (1) additional one-year term.
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.
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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
Environmental Collection Center or a mobile collection event.
F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the number of
Participating City's households that disposed of household hazardous waste at the
Environmental Collection Center or at mobile collection events.
G. Fort Worth will act under this Agreement in accordance with all applicable state and federal
laws.
H. Mobile Collection 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 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 45 days
prior to conducting the event.
Fort Worth Operated Events:
If Participating City would like to schedule a mobile collection event with the Fort Worth
Mobile Collection Unit, Participating City shall contact the ECC as soon as possible for a
list of available dates. The time and location shall be agreeable to both parties.
Participating City may schedule one mobile collection event each contract year. Fort
Worth will file notification of the event with TCEQ as required by 30 TAC §335.403.
(a) Scheduling Events
Fort Worth will begin scheduling mobile collection events for the 2017 calendar
year on January 9, 2017. 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 contract. Additional events may be
accommodated if feasible.
(b) Location
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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 Mobile Collection Unit
to the event and Participating City will, in no event, be entitled to any damages
or recovery of any costs, except as provided herein. All events must be held on
an impervious surface.
(c) At the Mobile Collection Event, Participating City acknowledges and agrees that
Fort Worth shall accept household hazardous waste from the first 50
households that show proof of residency at the Mobile Collection Event. After
the first 50 households, Fort Worth will 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.
(d) Due to limited storage space at the ECC, Participating City acknowledges and
agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile
collection event, a Participating City's MCU shall not also be at the event.
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth
Mobile Collection Unit to Participating City's Collection Event during adverse
weather, the threat of adverse weather, or other hazardous conditions including
but not limited to sleet, snow, rain, mist, or hail. In the event Fort Worth
determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall
attempt to notify persons listed herein as an "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 Mobile Collection Unit 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 Mobile Collection Unit:
(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.
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(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 Mobile Collection Unit
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 Household Hazardous
Waste 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 be preformed by Fort Worth. Also, both parties will complete a pre -trip
aesthetic assessment. Participating City shall be responsible for all certifications
and insurance necessary for the proper operation of the Reserve 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 waives, nor shall be deemed hereby to waive, any
immunity or defense that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions. By entering into
this Agreement the parties do not intend to create any obligations, expressed or
implied, other than those set forth herein and this Agreement shall not create
any rights in parties not signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
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Participating City agrees to perform the following duties in connection with the household hazardous
waste collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act as its
household hazardous waste collection Operational Contact to interact with Fort Worth as
designated on the signature page to this contract.
B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as
it deems necessary. Such advertising shall include the type of wastes that will be accepted at the
ECC, the requirement of proof of residency, and weather cancellation information.
C. Participating City 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 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. 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;
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radioactive materials; explosives or potentially shock sensitive materials; biological,
etiologic, or infectious materials; or any other wastes that Fort Worth has determined
are unacceptable.
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 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.
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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 asset 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.
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 residents and businesses of Participating City for their use, collected
household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor
oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse.
Some materials made available for reuse may have been consolidated and filtered by Fort
Worth prior to being made available. Used antifreeze will have been consolidated in a barrel,
filtered, and pH balanced, and new antifreeze may have been added to the barrel.
C. In regards to materials accepted by Participating City, its employees, residents, or any other
person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT:
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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.
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:
2017 Interlocal Agreement— Fort Worth Household Hazardous Waste Program Page 14 of 23
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:
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
2017 Interlocal Agreement— Fort Worth Household Hazardous Waste Program Page 15 of 23
A. Hours of Operation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday 11:00 a.m. - 7:00 p.m.
Saturday 9:00 a.m. - 3:00 p.m.
Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be closed on the following holidays that are
observed on days the ECC would otherwise be open to the public:
Thanksgiving holiday, Thursday and Friday, November 24-25, 2016
Christmas holiday, Saturday, December 24, 2016
New Year's holiday, Saturday, December 31, 2016
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: 817-392-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to the ECC
(or per participating household in a Mobile Collection Event) to dispose of household hazardous
waste. If a Participating City resident presents waste that was collected from multiple
households, Fort Worth reserves the right to charge the Participating City based on the total
number of households from which the waste originated.
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
2017 Interlocal Agreement— Fort Worth Household Hazardous Waste Program Page 16 of 23
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
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 30
days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days,
Fort Worth shall inform Participating City in writing that it will not accept any household
hazardous waste from Participating City's residents and that Fort Worth will not participate in a
mobile collection event or provide a mobile collection unit until paid.
E. At the 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 which
participated in the program, repackaging fees, if any, and the total cost of spill response charged
to Participating City, if any.
F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort
Worth under Subparagraph D. above shall be paid from revenues currently available to
Participating City in the present fiscal year.
11.
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,"
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.
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. 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
2017 Interlocal Agreement— Fort Worth Household Hazardous Waste Program Page 17 of 23
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 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 "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 contract.
15.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or
written commitments shall have any force or effect if not contained herein, except that this Agreement
can be amended or modified by the parties if such amendment or modification is in writing and signed
by Participating City and Fort Worth.
16.
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
2017 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 18 of 23
ATTEST:
Mary J. Kayser
City Secretary
Contract Authorization
Date
ATTEST:
City Secretary
2017 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
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 (plastic)
Amount taken off the
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
2017 Interlocal Agreement— Fort Worth Household Hazardous Waste Program Page 21 of 23
Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at
have been asked by the City of to allow a mobile collection event on
my property to collect household hazardous waste on the , 20_. 1 hereby give my
permission to the City of and the City of Fort Worth, to hold a household
hazardous waste collection event on my property in which the City of
has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous
waste that is brought to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its
officers, agents, and employees and the City of and its officers, agents,
and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any
character that 1 may have against the City of Fort Worth or its officers, agents, and/or employees and
the City of or its officers, agents, and/or employees for any property loss
or damage, for any and all personal injury including death or any other damage of any kind or character
which may 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 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
Witness
Date
Date
2017 Interlocal Agreement— Fort Worth Household Hazardous Waste Program Page 22 of 23
Exhibit "C"
MOBILE COLLECTION DATA FORMAT
2017 Interlocal Agreement— Fort Worth Household Hazardous Waste Program Page 23 of 23