HomeMy WebLinkAboutResolution 1998-069RESOLUTION N0. 98-69
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, that:
1.
The City Manager is hereby authorized to execute the attached Interlocal
Agreement for the use of the Environmental Collection Center with the City of Fort Worth,
as the act and deed of the City.
PASSED AND APPROVED this 14th day of December,1998.
APPROVED:
ATTEST:
7
Patricia Hutson, City Secretary
Charles Scoma, Mayor
APPROVED AS TO FORM AND LEGALITY:
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Rex McEntire, City Attorney
CITY SECRETARY
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STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
KNOW ALL PERSONS BY THESE PRESENTS
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, ahome-rule
municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fort
Worth," acting herein by and through Charles Boswell, its duly authorized Assistant City Manager,
and the City of North Richland Hills, Texas, ahome-rule municipality situated in Tarrant County,
Texas, hereinafter called "Participating City," acting herein by and throughT~, T runn;nnh,a~ts
duly authorized _ City Manaeer y
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal
cooperation agreements between and among municipalities; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract
with another 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.
1999 ECC Interlocal Agreement Page 1
City of North Richland Hills
,Art 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.
Environmental Collection Center (ECCI means the City of Fort Worth Department of
Environmental Management 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 damaaes 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 unmatured, 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 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
1999 ECC Interlocal Agreement Page 2
City of North Richland Hills
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, 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, riots, war, rebellion, and
sabotage.
Household hazardous waste (HHWI 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) furnished by the TNRCC
to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste
for waste transported to a site in Texas, or the comparable manifest of the receiving
state if the waste is transported out of Texas.
Mobile collection event means a household hazardous waste collection event by
Participating City utilizing a mobile collection unit.
Mobile collection unit (MCUI means anon-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 for disposal.
Particioatina cities. when used in the plural, means Fort Worth, Participating City, and all
other cities 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.
CPR -cardiopulmonary resuscitation.
1999 ECC Interlocal Agreement Page 3
City of North Richland Hills
DOT -United States Department of Transportation.
ECC -Environmental Collection Center.
EPA -United States Environmental Protection Agency.
HAZCAT -hazardous categorization.
HAZWOPER -hazardous waste operations and emergency response.
HM -hazardous materials.
HHW -household hazardous waste.
MCU -Mobile Collection Unit.
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.
3.
TERM
This Agreement shall be effective from January 1, 1999, through December 31, 1999.
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, and infectious materials; wastes from businesses; and any other
wastes that Fort Worth has determined are unacceptable.
B. Fort Worth will employ personnel, perform administrative activities, and provide
administrative services necessary to perform this Agreement.
C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm or firms for
the handling, collection, transportation, storage, disposal, treatment, recovery, and/or
1999 ECC Interlocal Agreement Page 4
City of North Richland Hills
reuse of household hazardous waste, which is collected at the ECC. 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 anti-freeze) 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. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE
REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT
RELIEVE PARTICIPATING CITIES 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.
D. Fort Worth will, if requested by Participating City, provide Participating City with copies of
waste manifests for shipments of waste from the ECC.
E. Fort Worth will issue a report at the end of each quarter detailing the number of
Participating City's households that used the ECC that quarter.
F. Fort Worth will meet with all participating cities to provide an accounting of actual costs of
the ECC household hazardous waste program, in order to begin negotiations for
Agreements for fiscal year 2000-2001.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Mobile Collection Units
Fort Worth agrees to accept household hazardous waste delivered to the ECC by
Participating City in a Mobile Collection Unit, in accordance with Section 5, Paragraph D of
this agreement.
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 coordinator to interact with Fort Worth.
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 and the requirement of proof of residency. Participating City may
choose to utilize a voucher system for its residents in order for them to bring HHW to the
1999 ECC Interlocal Agreement Page 5
City of North Richland Hills
ECC. If Participating City chooses to use such a system, it shall notify Fort Worth of the
decision, and shall provide Fort Worth with a copy of the official voucher.
C. Participating City will advise its citizens when it has reached the maximum number of
households allocated under this Agreement for participation in the program, and inform
them that they can no longer use the service.
D. Mobile Collection Units This paragraph applies to participating cities using an MCU which
they own or an MCU which they have borrowed from another participating city to collect
HHW at a mobile collection event.
Participating City shall advise the ECC program manager as soon as possible of
any upcoming mobile collection event, but no less than 72 hours in advance of the
event. 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, and infectious materials; and any other wastes that Fort
Worth has determined are unacceptable.
2. 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.
3. 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, or other appropriate analysis or
screens, and from information provided by the household presenting the waste.
4. The MCU operators shall package all hazardous materials in accordance with
United States Department of Transportation (DOT) requirements, United States
Environmental Protection Agency (EPA) requirements, and all other applicable
federal and state requirements. After 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 and packed and
labeled according to federal and state regulations. Participating City shall not
transport solid waste that is not HHW to the ECC, and shall make arrangements to
dispose of any non-HHW solid waste collected at the event.
5. Prior to transporting the HHW from the collection event site(s), Participating City`s
MCU operators shall manifest the waste in accordance with federal and state law,
and shall keep the manifests in the cab of the truck hauling the MCU during
transportation of the HHW to the ECC. Participating City shall require that a
1999 ECC Interlocal Agreement Page 6
City of North Richland Hills
minimum of one copy of the latest North American Emeraencv Response
Guidebook is kept within the cab of the truck.
6. During transportation, Participating City's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
7. 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
program manager, or the manager's designee, at the ECC. Fort Worth shall,
within a reasonable amount of time, unload the HHW from the MCU for storage at
the ECC.
8. 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 their
hourly rate of pay plus related benefits and for costs of all supplies used for
repackaging.
9. If a spill occurs at the ECC while the MCU is still in Participating City's possession,
Fort Worth shall take control of spill response and Participating City will reimburse
Fort Worth for its reasonable response costs.
10. Fort Worth shall not accept from Participating City's MCU operators any
compressed flammable gas containers; radioactive materials; explosives or
potentially shock sensitive materials; biological, etiologic, and infectious
materials; wastes from businesses; and any other wastes that Fort Worth has
determined are unacceptable. Participating City shall be responsible for the
proper disposal of any such materials that it attempts to deliver to the ECC.
6.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fort Worth will make available to Participating City, for the use by
Participating City only, collected household hazardous waste materials that are suitable
for reuse, such as paint, fertilizer, motor oil, and antifreeze. Participating City shall be
under no obligation to accept these materials. Fort Worth shall not charge Participating
City for any materials that it accepts. Participating City shall contact the ECC program
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.
B. Some materials made available to Participating City 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.
1999 ECC Interlocal Agreement Page 7
City of North Richland Hills
C. In regards to materials accepted by Participating City, 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.
D. IN REGARDS TO 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.
7.
RIGHT OF REFUSAL OF WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC
from a resident of Participating City and to eject such individual from the premises of the ECC 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;
1999 ECC Interlocal Agreement Page 8
City of North Richland Hills
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;
E. The waste or the individual presents a hazard to the ECC or to persons or property at the
ECC; or
F. The Participating City has reached its maximum number of households under this
contract.
8.
COMPENSATION
A. Participating City agrees to pay Fort Worth the sum of $77.00 per household for 150
households, for a total not to exceed amount of $ 11, 550 , as compensation for its
participation in the program. This is an amount that fairly compensates Fort Worth for its
services under this Agreement. The total not to exceed amount shall be paid to Fort
Worth in four equal installments from funds currently available to Participating City. The
quarterly installments shall be due no later than ten (10) days following receipt by
Participating City of an invoice from Fort Worth. Fort Worth will bill Participating City on
January 15, 1999, April 15, 1999, July 15, 1999, and October 15, 1999.
B. Fort Worth will notify Participating City when at least 75% of the not to exceed amount of
this Agreement has been spent, and will refuse waste from Participating City's residents
when Participating City's allocated funds have been exhausted.
C. At the end of the term of the 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, the total cost of spill response charged to Participating
City, and the amount of any balance remaining in the account. If a balance remains in the
account, Participating City will have the option of receiving a refund or rolling the funds
over into the next year's account. Fort Worth shall pay no interest to Participating City on
the funds in its account.
9.
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.
10.
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
1999 ECC Interlocal Agreement Page 9
City of North Richland Hills
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.
11.
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.
12.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Dr. Edward Sierra, Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
If to Particioatina Citv:
Pam Burney R.S.
Director of Department
72000 Dick Fisher Dr.
North Richland Hills,
of Environmental Services
S
Texas 76180
13.
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.
14.
SEVERABILITY
In the event any one 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.
1999 ECC Interlocal Agreement Page 10
City of North Richland Hills
15.
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.
16.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement,
pursuant to Texas Government Code, Chapter 791.
17.
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.
EXECUTED IN TRIPLICATE in Fort Worth, Tarrant County, Texas.
CITY OF FORT WORTH
By:
C l~L~~J~- ~~~i
Charles Boswell
Assistant C' y Manager
Date: J/~~ /Gig
APPROVED AS TO FORM
AND LEGALITY:
~~'T GC ~ l', i`ll ~~ ~ > C'
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Assistant City Attorney
ATTEST:
~~ Glori~Pearson
City ecretary
Seal:
1999 ECC Interlocal Agreement
City of North Richland Hills
PARTICIPATING CITY
By:
Name: ~arr~, T ~,~~ ,, .,TM
Title: r; t~ Managar
Date: i Z~i ~,9:~'
APPROVED AS TO FORM
AND LEGALITY:
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City Attorney
ATTEST:
t
Name: per ~; a r-~,r~n rn
City Secreta~j . : ~ ~ `
Contract Authorization
/Q2 --i.~-RQ
Date
Page 11