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1�1iERLOCAL AGREEMENT FOR PARTICIPATiON IN FORT VVORTH'S
ENVIRONNIENT/�� CC�l�LECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PF�OGRAM
l"!-!!� AGREE9U1Ef�lT ;� 2�t�r�d into by a�d b�t�dtie�n tt�e ��fiy c� �ort VVorth, Tzxas, a ho�ri�-� ule
municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called
"Fort Worth," acting h ein by and through Libby Watson, its duly authorized Assistant City
Manager, and Cify of , a municipality situated in �Pf1�CXl Counfij,
�T xas herei after called "Participating City," actin herein by and through
� �. � t � ri�L' �rits duly authorized
WITNESSETH
WHEREP,S, Texas Government Code, �hapter 791, authorizes the formulation of interlocal
cooperation agr��rner�ts between and among local governments; and
WH�'RE�S, Texa� Gov�mment Ccd�, §791.01 � provides that a local go�emment �ay c�nt� act
with another to perform governmental functions and services, and §791.003(3)(H) defines waste
disposal as a govemmental function and service; and
�i�r�i i�P��,4v', TcY�aS C�vJEPtiC'"i 12i ii �G�2, �%� i.��rJ Ni vJiG�@S tliai a ii�i.ai yOVBi i �i i"iv-''iit iiiaj/ ayi EE
with another local government to purchase services; and
WHEREAS, Fort Worth and Partieipating City desire io 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.
Biil of Ladinq lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located af 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, disposaf, and/or reuse. ,., �-" .;'�N�,,;,n
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. � . � . . . , � � ��i '�.'u'`JY��4�' Y��ll�
Environmental damaqes means all claims, judgments, damages, losses, penalties, fines,
liabilities (including strict liabilit_y), 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 seitlement or judgment, of �vhatever kind or nature, contingent or
otherwise, matured or un-matured, foreseeable or unforeseeable, including without
lirr�itation reasonable attorney's fees and disbursements and consultant's fees, any of
�vhich are incuri ed subse�uer�t to the execution of �his figreer�eni as a resuft of the
handling, cotlection, 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 yvastes or violation of �nvironmental requirements including,
but not limited to, the preparation of any feasibility studies or reports or the
performance of any cleanup, remediation, removal, response, abatement,
confainmenf; cfosure, restoration -or rrmoniforing work requirec� by any federat,
state or local governfnental agency or politicai subdivision, or oiherwise
exper�ded i� connection with the existence of such wastes or violations of
ern�ircnme�ta! requi� �m�nt�, and inc!uding withe�:t l;mitat�on any attorneY�s fee�5
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,
aut�orizati�ns, concessions, franchises, an� similar itzms, of all governm�ntal agencies,
---- --------------- ----- —
— - � --
departments, commissions, boards, bureaus, or instrumentalities of the United Sta es,
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,
co�taminants, or hazardous or toxic substances, maferiafs, or wastes vvhetner
solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm
water, or land, or relating to the manufacture, processing, distribution, use,
ll GGlll 1 ICI Il� 1lUl A�G�� UIjFJVjQI� LI QI Ij�VI L� VI I IQI IUIII ly v� �.�iviiuic'�iiis?� vviiac�ai iiiiiuii+v� vi�
hazardous or toxic substances, materials, or vva�t2s, v�heiher solid, liquid, or
- -- - --- ---- - - - -- --- _-- _ _ _
-- , --- _ _ gaseous in nature; and- .--- --- -- _ _
(b) All requirements pertaining to the protection of the health and safe'ry of
employees or ihe public.
Page 2
Force maieure means decrees of or restraints by a governmental instrumentality, acts of
�oa, work sioppages aue to iabor aispuies or sirikes, raiiure oi r=ori 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.
Hc�useh�id na�ardeu� w�sfe iHHW) means �ny solid wast� gen�r�ted ir� � i�eu�ei�oid 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 TCEQ 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.
Fort Worth Mobile collection unit (MCU) means a non-self-propelled vehicle used for the
periodic collection of household hazardous waste by Participa#ing Ciry, off-site of the
ECC, which is transported to the ECC to dispose of the household hazardous waste
collected at the mobile collection event. The Fort Worth Mobile Collection Unit is
designed to hold the hazardous waste of approximately 50 to 75 households.
Particiqatina Cities, 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.
CPR - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
EPA - United States Environmental Protection Agency.
Page 3
HAZCAT - hazardous categorization.
FIAZWO�'ER - hazardous v�aste operations ana emergency response.
HM - hazardous materials.
HHVV - ho�asehold haza� dous wa�te.
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 as described herein.
- — 3. -- - -
TERN�
This Agr�ement shall be effective from the date the last party has signed this Agreement
through September 30, 2007.
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 Cente�, which
- will accept for disposar and/or-recycling-�iousef�olci"haz`a�dous was�e frorrm-households
located within Participating City. Fort Worih 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 or retain personnel to provide the services necessary to perform
Fort Worth's obligations in this Agreement.
C. Fort Worth will enterans�ortation,rstorage,Idisposal, �eatmen/tereco�verylr n(d/or�euse
handlmg, collection, tr p
vi iivu�ciiviu I IQLRI VVUJ a"vu.�..��� :r�hi�.h �S C�IIA�tor! at th� �C'.(_,
D. Fort Worth wilf, if requested in writing by Participating City,- provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
Page 4
E. Fort Worth will, if requested in writing by Participating City, provide Participating City a
monthfy report of the Participating City's households who disposed of household
hazardous waste at the Environmentai Lollection Lenier or a iviobiie �oiiec�iot� cveni.
F. Fort Worth will issue a report and a bill 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 a mobile collection event.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Non-Fort Worth Mobile Collection Unit
Fort Worth agrees to accept household hazardous waste from Participating City's
MCU in accordance with Section 5, of this Agreement.
2. Fort Worth agrees to restock the items it removes from Participating City's IVICU,
however, Fort Worth shall only restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
Mobile Collection Events —Usinq Fort Worth's Unit
1. If Participating City would like to schedule a mobile collection event with the Fort
Worth Mobile Collection Unit, Fort Worth will send Participating City a list of
available dates. Participating City will contact Fort Worth as soon as possible to
schedule the date, time and location agreeable to both parties.
(a) Location
If Participating City chooses to hold the Mobile Collection Event on private
property, Participating City shall obtain a signed waiver from the owner of
the property one (1) week prior to the event. The waiver shall be in the
form of Exhibit B or similar form approved by Fort Wo�th. The signed
waiver must be sent to Fort Worth one (1) week before the Mobile
Collection Event. If the signed waiver is not sent to Fort Worth one (1)
week 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. of recovery of any costs, except as
provided herein.
(b) Available Dates
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.
Page 5
2. At the Mobile Coliection 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 MobilP Cotlection �vent. After the first 5U
households, Fort V1Jorth will determine in i�s sole discrefiion how mucn more
waste it can accept and store properly. If more households arrive at the event
than Fort Worth can accept, Participating City will in no event be entitled to any
�amage of r?covey of any �osts, except as provided herein.
3. Due to the lack of 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 Non-rort �llorth Mobile Collection Unit shall
not also be at the event.
4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile
Collection Unit to Participating City's Collection Event during adverse weather or
the threat of adverse weather 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 notify persons listed in Section 5, Paragraph A
and shalrse"nd a Fort Vliorth employee �o-the Participating Cit}r's-event io iell any
residents that come t� dispose of househoid hazardous waste; 1) that the Fort
Worth Mobil� Collection Unit will not be coming to the event, and, 2) that the
re�ident can g9 to the �CC to dispose of the waste and provide a map to the
ECC.
J. Loan of the Special Mobile Collection Unit
1. Participating City may request the loan of Fort Worth's Special Mobile Collection
Unit, which is a specially designed and equipped thirty-six (36) foot gooseneck
box-trailer and one (1) ton pickup, free of charge for use in a Household
Hazardous Waste collection event when available. Participating City may use the
Special Mobile Collection Unit to transport HHW to Fort Worth's ECC or another
collection center which may lawfully receive HHW. Pa�ticipating City shall provide
-- --� � Fort Worth with a written request, � acsimile or e-mail atleasf fFiirty (30) days p�ior
to the HHW Collection Event for which the request is made. Fort Worth shall
have sole determination whether the Special Mobile Col�ection Unit 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 nor be
responsible for any part of the Participating City's HHW Collection Event unless
and except by written mutual agreement.
2. `�he Special Nrobile Coilection Unit shall be in good working cond�iion and ��t�
' Worth shall disclose any known problems the Special Mobile Collection Unit may
have in performing the tasks necessary for the HHW Collection Event. Prior to
f+he Cr�oninl RA.,hilo ('nllcnfinn I Inif � nra_fr�n �nC�G�fII1Y1 �vr rnt�ntial
IjjUQI liJ� vi u ic vNc�.iQi �v�vvi�v vvii..vc�v� �.=+i u�, �.. p+� p'
maintenance. probl�ms will be preformed by Fort Nlerth. Also, both pariies vvill
--- -- complete- a pre=aestheti� assessment: Participaiing- Gity shalF be responsible for
all certi�cations, and insurance necessary for the proper operation of the Special
Mobile Collection Unit.
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3. Participating City agrees to maintain and return the Special Mobile Collection
Unit in as good condition as it was in when Participating City took possession for
use. Participating City shall return the Special IVlobile �ollection Unit to Fort
Worth in a timely manner and as mutually agreed upon.
4. Participating City shall be responsible for all work-related property damage,
personal injury or death caused by Participating City's employees or volunteers
and arising out of the use of the �pecial 11�obiie Collection Unit during the term ofi
this Agreement.
5. 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
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.
� tele hone number: c3�i � 1- lQl�qq
Designated person is: 1 i r� � a-Y�-°� P
Pager number or 24-hour number wher.e he or she can be reached: f���?-� �Z2 -'i' I� S�-
Alternate person is t, ,�� �� �(�0�.5 telephone number: Y31-] 4qi� l�_
Pager number or 24-hour number where he or she can be reached: S� 17 - l 17 � 5��
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 Cify 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. 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
9 � ' r " � °� r''
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��, ����J��1�W� ��L��.
City acknowledges and agrees that Fort Worth wiil not accept the household hazardous
waste until Participating City authorizes the acceptance in writing.
E. rariicipazing Ciiy may submii a wri�ien req�est foi a manfhly repor� ii�fing fi�e n:.i���r oi
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 mobiie cotlection
events, and shall provide personnel to assist Fort Worth with the survey and screening
ofi persons dropping off household hazardous waste. The parties prior to the event shall
agree upon ihe details of the traffic control, signage, and person�el assista�ce.
G. P�r�icipatinq City's Mobile Gollection Units Collectinq No�seho!d Hazardous VVaste
1. Participating City shall advise the ECC program manager at least 72 hours in
advance of its mobile collection events. Participating Cit�r shall collect only HHW
during a mobile colle�tion �v�nt. Wastes from commercial, agricultural, and
industrial sources shall not be accepted. Participating City shall not accept
corrip�essect flammable gas containers; radioaciiv� materiats; explosives- ar
poteniially shock sensitive materials; biologic�l, etiologi�, and infectious
materials; and any other vvastes that Fort 1!1lorth has detPrmined are
�!nacceptahle.
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 identi�cation. If a container is
properly identified, the material will be segregated according to hazard class and
-- prepared-for packagmg.-lf a con�amer does no��iave adequate labeling to-pe�mit
identification, the MCU operators shall then attempt to iden#ify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.
4. The Participating City's 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 appiicable federal an� si��e re�uirernenis. F�i er aii
the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the container content sheets,
onrl n��l� 4hom in�n r�lri �n1= Cvl��_{wuco� nainfc u�lf� �?fC�Y �all'1fC C�"1?�� �1P i11 I�,%._P.f�
ui w �..u�.i. �i n...i � i � ��.�. i ..� .,. r,..,.�� ..
separafely in 55-gallon drums, or ii ihe paint is leit in its container, the p�int can
- be-paeked in-a lined cubic yard box, and-packed-and-labeled according to fiederal
and state regulations. Participating City shall not transport waste that is not HHW
to the ECC. Participating City agrees to ma�e its own arrangements to dispose of
�ny non-HHW wraste collected at the event.
Page 8 �;�����'��1 �i�l af�l����:0,
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5. Prior to transporting the HHW from the collection event site(s), Participating City's
MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading
r i� _ � �� � wi �
in fne c�b oT tne iruck nauiing tne iVi�u auring transpor�a�ion vr tne hnbv �o tne
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.
6. Du�i�g t�a�sp��ati��i, P��ticipati�g Ciiy's MCiJ �pera�ors shall pfacar� t�e fVl��
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 ofi 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 his designee at the ECC. Fort Worth shall, within a
reasonable amount of time, unload the HHW from the non-Fort Worth MCU and
store the HHW at the ECC.
8. If Fort Worth, ir� its sole discretion, determ9nes that Participating Gity's MCU
operators improperly packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating City shall reimburse �ort Worth as
set forth in Section 10., Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participating City's
possession, Fort Worth shall take control of the spill response and Participating
City will reimburse Fort Worth for its response costs as set forth in Section 10.,
Paragraph C.
6. �
USE OF WASTE DISPOSAURECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, which is collected at 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
Page 9
PARiIC1PAT'ING CITY OF LIA�ILITY FOR THE ViIASTE UNDER FEDERAL LAW
AND Si'ATE LAW. Fort Worth wiil arrange for recycling vendors for used oil, batteries,
antifrepze, an� other materials, as it deer�s a��ropriats.
7.
REUSE OF COLLECTED MATERIRLS
�,. t=rom time-to-time t=ort Uvorth wili maice availabie io residenis and businesses of F��
Worth, as well as, Participating City and residents and businesses of Participating City
for their use, collected household hazardous waste materials ihat are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. rort Worth shall not charge for any
materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by
Fort Worth prior to being made available. Used antifreeze will have been consolidated in
a barrel, filtered, and pH balanced, and new antifreeze may have been added to the
barrel.
C. In regards to material`s accepted by Participating City, �rGR i 1nlOR i H ii��►K�S N�
REP�ESENT��ION�,'J1�AFtRA1VTfE� OR �IDARANTI�� ��iAY:
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. th� 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.
Fl1RTHERtV10RE, A�.� 1iVARRANTI�S, EXPRESS AND IMPLIED, ARE
����IFl��i.L. �' ���l��.
D. Participating City shall contact the ECC program manager to arrange a pickup time to
4.i ' i ' I � rF' 4' n�`���i nrvrceo ih�� i4 ch��� nnf rcfi �rn fn ��I�"{'� �n����'1 fl�r(v,r„tiv nr
vut�ii i i i ia�ci ica�S. r a� �ii.i�a�ii iy �ri�y ciyi cco u�u� i� a� ic,u � �..,. �......,� � •. e� •��
indirectly, any m�terial� it obtains from Fort Worfh under this paragraph.
E. IN REG,4RDS TO M,�TERIALS �►CCEPTED BY PARTICIPATIMG CITY,
�A��ICf��TINf� Ciilf DC3�S �i����Y �hf�6il� ALL Cl.,�Ifi�S, I�lCL.l1�9�9�
PR���� i� Lls�6�l i��L,�l�dl�, A�D R�LEP►S��, AFJ� FiO�,�� �8�►Ril����� '�'��
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g �i���v�u`!�� a:��`� �l�p�
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CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES,
AGENTS, AIdD VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITiES, FF20M ANY AND ALL LIABILITY, �LAli1�S, ��JI�S, ��MA�1�5,
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 PFtOPERTY , OCCASIONED BY THE
TRANSPORTATION, STORAGE, HARIDLING, USE, ARID DISPOSAL BY
�AR�I�IPA�If�iFa �i�l( 6� Al�il( IVI�►(�RiA'L� �►GGtt�"�'�Li t�Y F'AF�IIGiIPlalll�l�� CiliF
UNDER THIS AGREEMENT FROM FORT WORTH.
F. In regardORTH MAKES NO REPRESENTATIONS, WARFtANTIES OR GUARANTIES
FORT W
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 Guality 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's resident 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;
Page 11
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. i hz individual does not have s�fficient ideniifiication to esiaqiish tnai he/si�e is in fact a
resident of Participating City;
r�. Participatin� City has implemented a vouch�r 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
ihe ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
-- �F OPERATION
A. Hours of Operation
-- During the term of the agreement, the ECG`s hours of operation are as ioliows:
i hursday and Friday 11 :00 a.m. -7:OG p.m.
Saturday 9:00 a.m. -3:00 p.m.
B, Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be closed on the following days:
Thanksgiving Holiday, November 23-24, 2006
Christmas Holiday, December 25, 2006
New Year's Day, January 1, 2007
M.L.K. Day January 15, 2007
Memorial Day, May 28, 2007
Independence Day, July 4, 2007
Labor Day, September 3, 2007 -_---- -- --
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates
it will be closed. Par�icipating Ciry may advertise the 24-hour Environmental Collection
Center telephone number to give its residents the Environmental Collection Center's
hours. The number is: (817) 871-5257.
10.
COMPENSATION
e� fu�� �C;;';N@;;��iiivi i i^vr ��� ��n��v�� r��`����u �� ��h �nrnrEh N�,�rc�i4nf t� thi� ayraamAnf_
A. Participating Ci�y agrees to p�y Fort Wo��► f� n a Mob e Col�lec ionhEvent tod d spose of
t h e E C C o r p e r h o u s e h o l d f o r p a rt i c i p a t i o n
household hazardous waste.
Page 12
B. 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 vVorth tor it s"taff �ime ai �Lu.t�u an nour and ine
cost of supplies.
C. �f a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participating City's
possession, Fort Worth shall take control of the spill response and Participating City will
reimburse Fort iNorth for its response costs ofi $6u.00 per hour stafii tirrie ��d the ce,st �i
supplies.
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. ff 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 coltection 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
�a�ticipating City, which tivi�l include the total r�umber 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
availab�e 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 "�ian 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
Page 13
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 artvvork and/or promotional materials in any manner, Participating City
hereby agrees i� contaci Fori Worih in �vriting fo obt�in writter� canser�t befare rr�odiiyinr�
or changing any artwork and/or promotional materials. __
C. If Participating City desires an actor to portray "Captain Grud" for an event, Participating
City shall use actors approved by Fort Worih to portray "Captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating City shall be solely responsible for
compensa�ing actor for fihe services provided �o Pariicipating City. Participating City will
contact Fort Worth as soon as possible with the date and time of the event agreeable io
both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" costume for its events. Fort Worth t�vill provide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort Worth for any damage to
the costurne or if Participating City fails to return the entire costume to Fort Worth or if
th� c��tume i� not ret�rned in the same condition as received.
12.
_ _ _� - -- - -.
—_-_� - f�/ii�iUNt�`f_ -- --- --
It is pxpressly understood and agreed that, in the sxec�!tion of this Agreement, none of the
Partici�atir;g Cit;es waives, nor shall be he�e►a; deemsd to wa�ve, any imm�nity or defense that
would otherwise be available to it against �e� in thislA reement arela gover�nmen al funl cioners
and functions, and that the services descri J
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 c�amages _
- - resulfmg from de ays or failure fo pe orm caused-by a orce ma�eure even�J--
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
������fiUR��Y�LING �iRtv1� ��� �i�l1�tHOL� �iP,Z�.Ft�C�US 1fV�S i E" (Paragrap� 6)
"REUSE OF COLLECTE�D MNT�ERPROMOTIONAL hMATERIALS�LICENSEC AGREEMENTD'
AND THE CRUDDIES, A
`para�rarn,h 1'I�,
1 n �
Page 14 v����.�1� �� �S�vl����J
���ti� ������ 11�;:�
�R-� � , �
•:i�r+�lni; G� u �
{le .•''�J'k�ll � LG�I�
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
ff to Participatinq Citv:
.
', � . L� �
�� � � � � !
� � -�..i � � � �
16.
ENTI RETY
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.
17..
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
18.
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.
Page 15
19.
AuTHORITY
This Agreement is made for Fort Worth and �articipating Ci'ry as an interlocal Agreement,
pursuant to Texas Government Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized ofFicials
and have the necessary authority to pxecute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions e�ending such authority
have �een da!y passed and are nola� in f�!I! force and effect.
E��CUTED !h; TQ;PLICATE
CITY OF FORT WORTH
�y:
��-�
,
Libby atson
Assistant City Manager
Date: �`� � t'� � ��
APPROVED AS TO FORM
AND LEGALITY: ___ ___
� ���,�u '� il .
Assistant ity Attorney
ATTEST:
CITY OF P1C�..Y�X7Y��J
:
Printed name: '
Title: A
Date: ��3� �
APPROVED AS TO FORM
AND LEGALITY: —_ --
=-- --- --- -�
------ .
�
, , \ �i yv,�, L`
��;�sist�rrF ity Attorney
ATTEST:
�� �
Marty Hendrix City
,,:�.. �____��_.
l�Ily JCI,I Cldl y
' -�1� ��
Contr�c� uthori ation
�f� �°' c
�ate
Page 16
,���,,R�. OF...�o-Q/y�s�`'i
� � '•. � s
r ���.. � '.,,� �
� �E��, s
'• , ' a
' � �• �
�i� � �'•.. `a
i�� O �. :`�.�`�
�,� � ��'����.... ... . . � � /'
������OK�� „�. �( �� ,�, � �o/,��(ry-I`N`.1.l�`%)1 �� ��%�
�/���, 1 �i }j p1+�1�9 � �`� �J I�i l] V V I�✓
�� � p
(,v �'�1 �� � ��� �� 1,�
���1' ��:;����ti��.
��- � ,f �,,?
� `�.'�:;°�':°'�u�i, �'����,
Exhibit "A"
RESiOCi�iNG L.I�i FOR T�E IV10�1�E �O�.LECi'10� UNIi
Material Amoun# Restocked Sp
ecial Needs Ftemark�
55 gallon open top Amount taken off the
drums (open top for trailer
loose packs)
55 gailon cirums (ciosed Amount taken oii ihe
top) (oil, antifreeze, trailer
bulk flammable
materials and one extra)
Fiber drums (55 or 30
gallon) Aerosols, acids, Amount taken off the
bases and oxidizers) trailer
Gaylord box liners
(plastic) Amount taken off the
trailer
55 gallon drum liners
Amount taken off the
trailer
S gallon buckets
(iilters/haz chemicals) Amount taken off the
trailer
Survey Forms
Amount taken off the
trailer
Labels/drum placard
Amount taken off the
trailer
Gaylord boxes
Amount taken off the
trailer
Absorbent pads
Amount taken off the
trailer
Vernuculite
Amount taken off the
trailer
Oil dry
Amount taken off the
trailer
Promotional Materials �
& Brochures Amount needed
Page 17
EXhi��t "R"
WfiIVE� �,ND P.EL�ASE G�- LIi�SiLi i Y r=OR COLLE� i lOPJ OF HvuS�NGLD
HAZRRDOUS WASTE
� bein� the o+�ner cf ����erty loc�ted 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 �
I hereby give my permission to the City of and the Cityo uf Fort
Nlorth, to hold a ho�sehold hazardous waste collection event on my prop�rty in which the City
of has asked the City of Fort 1Norfh to send its mobile
collection �!n�t to collect ihe h�usehold hazardous waste that is brought to the event. ___
ih�r�f�re, ! h��e�� R�L�}�,SF, D���HARG�, H�LD HARML�S�, I��EMNIFY the City of
F�,�fi ',N��i�i �� iis ofiicers, agents, and �mp;�ye�s an� #he �ity� 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 I may have
against the City of Fort Vt/ortfi or its offcers; agents;- and/or� emplaqees and the Ciiy='°of° -
or its officers, agents, and/or employees for any property loss or
damag�, for a7y and all personal injury inciuding death or any other damage of any kind �o
character which may arises or that arises from allowing the City of
hold a household hazardous waste collection event, in which the City of Fort Worth sends its
mobile collection unit on my property.
I have read this
been influenced
this Agreement.
Sianature
Witness
Waiver and Release and fully understand its terms and _conditions. I have not
in any extent whatsoever by any representation or statements not contained in
Date
Page 18
Ciiy of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/26/2006
DATE: Tuesday, September 26, 2006
LOG NAME: 52ECCFY07CITIES REFERENCE NO.: **C-21729
SUBJECT:
Approval of Interlocal Agreements with Various Municipalities and Other Governmental Entities for
Participation in the Environmental Collection Center Household Hazardous Waste Program
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute interlocal agreements with
various municipalities and other governmental entities for their participation in the Environmental Collection
Center Household Hazardous Waste Program
DISCUSSION:
The City's Environmental Collection Center is now in it's eighth year of operation collecting household
hazardous waste from the citizens of Fort Worth and surrounding communities on a year round basis. In
order for NON-Fort Worth citizens to participate at the center, each entity is required to enter into an
interlocal agreement with the City of Fort Worth.
The rate per household for the period covered by these agreements (October 1, 2006 through September
30, 2007) is $46.00 per household. It is anticipated that approximately $588,724 will be collected under
these agreements. During FY 2005-2006, 31 area entities signed participation agreements with the City of
Fort Worth. For the upcoming year we expect all of those to participate and have already had interest
expressed by other entities.
This agreement outlines the responsibilities of each party, establishes the rate for participation, details
procedures for loan of mobile collection unit, and delineates the usage of service marked public education
materials. The City of Fort Worth is responsible for overall operation of the center including contracting with
a hazardous waste disposal company for transportation and disposal of materials collected. The following
entities have expressed an interest (*) or are expected to execute an agreement to participate for the
period October 1, 2006 through September 30, 2007:
Arlington
Benbrook
Cleburne
Edgecliff Village
Grapevine
Hurst
Newark
River Oaks
Sansom Park*
Stephenville
Waxahachie*
Logname: SSSPINKS RAMP
Azle
Burleson
Colleyville
Euless
Haltom City
Keller
North Richland Hills
Roanoke
Sherman*
Trophy Club
Westworth Village
Bedford
Cedar Hill
Coppell*
Grand Prairie
Hood County
Mansfield
Richland Hills
Saginaw
Southlake
Watauga
Page 1 of 2
Tarrant Regional Water District
Texoma Council of Governments"
Un-incorporated Tarrant County
Upper Trinity Regional Water District
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmentai Management Department will be responsible for
collection of the funds due under these agreements.
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 488220 0521100 $588,724.00
Submitted for City Manager's Office by:
Originating De�artment Head:
Additional Information Contact:
Libby Watson (6183)
Brian Boerner (6647)
Brian Boerner (6647)
Logname: SSSPINKS RAMP Page 2 of 2