Loading...
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: ---~7 1 ~, ~` ,/ ,~ t , ,~ /. _ . .. Rex McEntire, City Attorney CITY SECRETARY caNT~ACr ~a. ~ ~D~ 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' `~ ~/~,~~ 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: ,_ ~ ~~ City Attorney ATTEST: t Name: per ~; a r-~,r~n rn City Secreta~j . : ~ ~ ` Contract Authorization /Q2 --i.~-RQ Date Page 11