HomeMy WebLinkAboutContract 37746Ci ry 017C'RETARY
CONTRACT NO,
ENTERLOCAC AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THI8 AGREEMENT is entered Into by and between•the City of Fort Worth, Texas, a home rule
municipal dorporation situated in Tarrant, Denton and' Wise Counties, Texas, hereinafter called
"Fort Worth," acting herein by'and through Charles W, Daniels, its.duly authorized Assistant City
Manager, and City of wa a ;ga a. municipality situated in TArrant- County,
Texas, hereinafter 'called "Participating City," acting herein by and through
its duly authorized �V,; t Crnnc;
WITNESSETH
WHEREAS, Texas Government Code, Chapter .791, authorizes the formulation of Interlocal
cooperation agreements between and among local governments; and
WHEREAS, Texas •Government Code, 9791.011 provides that s 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 Govemment Code, §791,025 provides that a local gavernrr ent may agree
with another local governmdnt tb6purchase services; and
WHEREAS, Fort Worth and Participating City desire to ant®r into an Interlocal agreemeht
whereby Fort Worth will purchase .the services of a waste •disposaurecycling firm or firms and
Oil administer a household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subj®ct to th® provisions of
Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
ri
1.
DEFINITIONS
A. Unless a prevision 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 pow®r of humans and without
human intervention.
Bill of Lading fists the contents of the mobile collection unit,
Environmental Collectlan Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located at 6�00 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,
CITlf SEVRE 1AIR� i
A09:��1 IN
Environmental damaq�s means atf claims, judgments, damages, losses,'penaltfes, fines,
ilablifiles (including strict liability), encumbrances, liens, costs, and expenses of
investigation and.defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or un-matured, foreseeable or unforeseeable, including without
limitation reasonable attorney's fees and disbursements and, consultant's fees, any, of
which are incurred subsequent to the. execution of this Agreement as -a result of the
handling, collection,, transportation, storage, disposal, treatment, recovery, andfor 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 r®sources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs;lncurred int 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 -attorneys- 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,
authorizatlons, concessions, franchises, and similar Items, of all governmental agencies,
Ab
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, fnvesi)gatlon, and remediation of emissions, discharges,
releases, or threatened releases of* hazardous41 materials, pollutants,
contaminants, or hazardous jor 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
- ®mployees or the public_
Page 2
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
contractors) 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. •
Hous®hold hazardous wasf�_(_KN�iW means any salld waste gen®rat®d in a household by
a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would
be classed as a hazardous waste under 40 CFR Part 261.
anif st means the uniform hazardous waste manifest form{s} furnished by the TCE� to
accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for
w tat& transported to a sit0h Texas, iir the comparable manifest of the receiving state if
the waste is transported out of Texas.
Mobile • collectioh event means a household hazardous waste collection event by
Participating City utilizing a moblie collection unit.
Fort Worth Mobile collection unit NQU means a non -self-propelled vehicle used for the
periodic collection of household hazardous waste by Participating City, off -'site of the
ECC, which is transported to the ECC to dispose of the•household hazardous waste
collected at the mobile collection avant. The Fort Worth Mobile Collection Unit is
designed to hold the hazardous waste of approximately 50 to 75 households.
particltSatina Cities, when used Irl the pluraf,'m®ans Fort Worth, i larticipating City, and all
other entities which have entered into interlocal agreements with Fort Worth for the ECC
household hazardous waste 6611bctiorr'pro6ram '
Person means an individual, corporation, organization, government, or governmental
subdivWon or agency, business trust, partnership, essdciation, 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
akabreviatlons, as used 'tri this Agreement, shall have t}ie� rneanirigs Hereinafter
designated.
CERCLA - Comprehenslve Environmental Response; Compensation, and Liability Act.
CPR -cardiopulmonary resuscitation.
LOT - United States Department of Transportation.
E� Environmental Collection' Center,
Ind
-United States Environmental protection Agency.
HA�CAT - hazardous Categorization.
HAZWOPER - hazardous waste operations and emergency response.
HM - hazardous materials.
H_ 1�(-household hazardous waste.
M�t1- Mobile Collection Unit.,
2.
PURPOSE
The•purpose of this interiacal agreement• (hereafter "Agreement") is the provision of services by
Fort Worth to Participating City whereby, subject to the terms and. conditions specified below,
Fort Worth will administer and supervise a regional household hazardous waste •collection
program, which will be available to households within Participating City as described herein,
3,
TERM
This Agreement shall be effective from the date the last party, has, signed this Agreement
through September 30, 2009. -
4.
SERVICES OF•FORT•WORTH
Fort Worth agrees to perform the following services for Paftfcipating 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,.andfor fecycling household• haz%ardous. 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. Foci Worth wit{ employ or retain personnel to provide the services necessary to perform
Fort Worih's obligations -in this.Agreement�.-••.-•• - - • •- •- - - -•-:- •
G. Fort Worth will enter into a contracts) with waste disposal/recycling, firms) for the
handling, collection, transportat(on, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, which is collected at the EGG.
la. Fort Worth will, if requested in writing by Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the FCC_
ram'
E. Fort Worth will, if requested in writing by Participating City, provide Pattcipating City a
monthly report of the Participating City's households who disposed of household
hazardous waste at the Eivironmehial Collection'•Center or*a Mobile Collection Event,
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 of'at'a mobile collection everit.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
fedeW IaWs.
H. Nd Fort Worth Mobiie Collection Unit
1. For# Worth agrees to accept household hazardous waste from Participating City's
MCU in accordance with Secfion 5, of this Agreement.
2. Fort Worth agrees to restock the )tams it removet1om Participating City's MCU,
however, Fort Worth* shall Drily 'restock items listed in Exhibit "A', attached and
incorporated herein as if set forth.
1. Mobile Collection Events-llsirio Fort•Wort 's Unit
1. Participating City fnaywschedule one mobile collect event each contract year.
If Participating City would like to schedule a mobile collection event with the Fort
Worth Mobile Collection Unit, the Participating City shall contact the ECC as
soon as possible for a list of available dat®s. The time and location; shall be
agreeable to both parties.
(a) Location
If'Partidipating City chooses to hold the Mobile Collection`Event on private
property, Participating City shall obtaiti 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, form1approved by Fort Worth. The signed
waiver must be• sent to F6 t•'Woith one (1) week b®fore the Mobile
Collection Event: If the: signed .walVer Is not sent to 417ort Worth one (1)
week before the- Mobile Collection Evdrit, Fort Worth will not send the Fort
Worth: Mobile Collection Unit, to the event and Participating City will, In no
event, be•'entltled to any damages of recdvery of any costs, except as
provided herein.
(b) Available Dates
Participating City acknowledges that Fort Worth contracts with other
rhunlcipalities 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.
2. ,gt the Mobile Collection Event, Participating City acknowledges and agrees that
Fort Worth shall accept household hazardous waste from the first 50 households
that show proof of residency at the Mobile Collection Event. After the first 50
households, Fort Worth will determine tin its sole discretion how • much more
waste it can accept and store property. if more households arrive at the event
than Fort Worth can accept, Participating City will in no event be entitled to any
damage of recovery of any costs, 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 -Fort Worth Mobile Collection Unit shall
not also be at the event.
4. City, in its sole•.d(scretion, 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,lirnited to sleet, snow, rain, mist or
hall. In the event Fort • Worttt.:determines not to send the,. Fort Worth Mobile
Collection Unit, tort Worth shall notify persons listed -It) Section 5, Paragraph A
and shall send a Fort Worth employee to the Participating City's event to fell any
residents that come to dispose:of household hazardous waste; 1);thatethe Fort
Worth Mobile Collection Unit will not be coming to the event, and, 2) that the
resident can go,to the ECO to dispose of the waste and.-prgvide a map to the
EGC.. .
J. Loan ofi.tha SpeciaLMobi(e 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
Spacial Mobile Collection,Unit tootransport HHW to Fort Worth's ECC or another
collection center which may lawfully receive HHW. Participating City shall provide
Fort Worth with a written request, facsimile or a -mail at least thirty (30) days prior
to the HHW Collection Event - for which, the request: is made. Fort Worth shall
have sole determination whether the Special. Mobile Collection Unit is available
for, use by Participating City and shall notify Participating City as soon as is
.reasonably practicable of such decision. Fort;Worth ahall.not participate nor be
responsible for any part of the Participating City's HHW Collection Event unless
and except by written mutual agreement.
2. The Special Mobile Collection Unit shall be in good working condition and Fort
Worth shall disclose any known problems the Specfaf Mobile Collection Unit may
have in performing the tasks necessary for the HHW Collection Event. Prior to
Issuance of the Special Mobile Collection Unit, a pre -trip inspection for potential
maintenance problems wil[ • be preformed by ,Fort Worth. Also, both parties will
complete a pre -aesthetic assessment. Participating City shall be responsible for
all certifications, and insurance necessary for the proper operation of the Special
Mobile Collection Unit.
3, pa, tic(pating City agrees to maintain end 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 Mobile Collection Unit to Fort
Worth in a timely manner and as mutually agreed upon.
4. Participating City shall be responsible for all wank -related property damage,
personal injury or death caused by'Participating City's employees or volunteers
and a14
rising out of the use of the Special Mobile Collection �U hit during the term of
this Agreement.
5. It is expressly understood and agreed that, In the execution of this Agr®am®nt,
nether of the parties waives, nor shall. be de®wed hefeby to vtiia(ve, any immunity
or defense that would otherwise be ava(labiv to it against claims arising in the
exercise of govertrriental powers and functions, By entering into this Agreement
the parties da not intend. to create any obligations, expressed or implied, other
thaw those 'set forth hereln and this Agreement shall not 'create any rights in
parties not signatories hbreto." •
DUTIIrS OF PARTIGIPATiNG GITY
Part(cipeting Glty agrees to petform the following' duties lti cannectfon 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.
Designated person is: Daniela P1:6acei ' • telephone number:". 817-51 4-5812
Pager number or 24-hour number where h®: or she can be reached: _ a, � _ 4 a a _ a A n �
Aitemate' persoh is Beth Jobe "telephone number: _817=51 4-5800
Pager nufnl5er or 24hour number where he or she can be reached:} 17 d 31- 3 4 4 8_ .
B. Participating City will coordinate and fund •elh progran•t advertising targeted to its awn
citizens, as It deems necessary, Such advertising shall include the iype,•of wastes that
will be accepted at' the ECC, the requirement of proof of residency and weather
cancellation information.
G. Participating City shall notify its residents of-o.the• ECC hours of operation and dates it is
closed as provided in Section 9 "The Environmental Collection Center Hours of
Operation."
D. Participating City may choose to utilize a voucher system for its residents In order for
them to bring •HHW to the ECC. If Participating City chooses to use such a system, it
shall 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 EGC or a mobile collection' event without a voucher, Participating
City acknowledges and agrees that Fort Worth will not accept the hausehold hazardous
waste until Participating City authorizes the acceptance In writing.
E. Participating City may submit a written request for a monthly report listing the number of
I
ts city's households that have disposed -of household hazardous waste at the ECC or a
mobile collection event.
F. particlpating C{ty shag provide traffic control and signage for the mobile collectian event,
and shall* provide personnel to assist ,Fort Worth with the, survey and screening of
persons dropping off household hazardous waste. The parties prjor to the event shall
agree upon the details of the traffic control, signage, and personnel assistance.
Participating Citv's Mobile Gollection Units Collecting Household Hazardous Waste
t , •Participating City shall advise the PECC prograrp •manager at least 77 hours in
advance of its mobile collection events. Participating City shall collect only HHW
during a mobile collection event. Wastes from; commercial, agricultural, and
industrial sources shall not be accepted. participating City • shall not accept
compressed flammable gas containers; radioactive materials; explosives or
potentially shock sensitive materials; biological, etiologic, and infectious
materials; and any other wastes that Fort Worth has determined are
unacceptable.
2.• 1n accordance witi� the; latest:•D4T requirements, Participating City's. MCU
operators will properly categorize, package, mark, label, and load info the MCU;
all wastes received at the mobile collection event. Recyclable products (used oll,
used . oil filters, latex, • paint, recyclable anti -freeze, leadpacid . batteries, and
fluorescent lights) will be segregated into contalners•for rdcyclabless
3. After accepting•,wastes, Participating Clty's MCU operators shall thoroughly
I each container far proper labeling ar~d identification: If a container is
properly identified, the material will be segregated according to hazard class and
prepared for packaging. If a container does not have adequate labeling to permit
identification,, the MCU operators shall then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste,
4. The.Participating City's MCU operators shall package all hazardous materials in
accordance with United States Department of Transportatlon (DOT)
requirements, United States Environmental Protection Agency (EPA)
requirements,,.and all other applicable federal and state requirements, After all
the wastes have, been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the container content sheets,
and pack them Into drums. Oil -based paints and latex paints shall be bulked
separately in 55-gallon drums, or if the paint Is left In its container, the paint can
be packed in a lined cubic yard box, and packed and labeled according to federal
and state regulations. Participating City shall not•transport waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispose of
any non-HHW waste collected at the event.
5. Prior to'transpartitig the HHW from the collection event site, Participating City's
MCU operators steal( corimpiete a Bill of Lading, and shall keep the Bill of lading
in the cab of the truck hauling the' MCU during transportation of the HHW to the
ECC. Participatng clty:'sliall!require that S"Ibinimum of one copy of the latest
North American Emergency response Guidebook be 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 re um of the MCU to* the*ECC , Participating City's MCU operators shall
follow the Instructions bf Fort Worth regarding the placement of 'the MCU for
unloading. Fort Worth shall take possession bf the MCU from Participating City
after the MCU has been properly parked for unloading in accordance with Fort
Worth's instructions and ail required documents have been delivered. to the ECC
program meriager or his designee at the ECC. Fort Worth shall, within a
reasonable amount of time, unload the'HHW from ttie"non"Fort Worth MCU and
store the HHW at the ECC.
a. ' if Foil •Worth, in its sole discrefi®ri;, determines that Participating City's MCU
operators' improperly packaged any of the HHW,dalivered t 6 th6 tCC, Fort Worth
shall repackage such waste, and Participating City shall reimburse Fort Worth as
set forth in Section 1Q., Paragraph° B.
•spill occurs at the ECG while the MCU is still in Participating City's
possession, Fort Worth shall take control of the % ptj response and Participating
City will reimburse Fort Worth for its response costs as set forth in Section 10.,
Paragraph C. If
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 op, lead -acid batteries and antifreeze) to choose a
dispdsad site for the waste subject to Fort WorthV•approval,-and to indemnity Fort Worth
and participating cities against any and all environmental damages, and the violation of
any and I all environmentalrequirements resulting from the handiing, '•collection,
transportation, storage, disposal, treatment, recovery, and/or fecycling 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 (Sj WILL DE REQUIRED
TO ASSUME GENERATOR STATUS, THIS ASSUMPTION #WILL NOT RELIEVE
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER F9DERAL LAW
AND STATE LAW, Fort Worth will arrange for racycling vendors for used oil, batteries,
antifreeze, and other materials; as it deems appropriate.
7.
USE OF COLLECTED MATERIALS
A, From 6me-to-time 1-ort Worth wilt make available to residents and :businesses of Fort
Worth, as well as, Participating City and residents and businesses of Participating City
for their use, collected household hazardous waste materials that are suitable for reuse,
such as paint„ fertilizer, motor..oil, and antifreeze. Fort Worth shall not charge for any
materials that are. picked up for reuse.
S. 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; Eo materials accepted by Participating Glty, ,FORT W®RTH MAKES NO
REPRESENT ATIIWMS,• WARRANTIES WR GWARAN "MO 'TNAi;
I 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 int®nded forks use;
�6. the contents of the container have, been stored properly;
6. the instruotions 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,erivironment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPRCIFICALLY DENIED. • .
D. Participating City shall contact the ECG program manager to arrange a pickup, time to
obtain materials. RatElcipating City agrees #hat it shall not return to Fart Worth, directly or
indirectly, any materials if obtains from Fort Wart" under this paragraph.
E. IN REGARDS TO MATERIALS ACGEPTI=b EY E'ARTIGIPA'�ING GITY,
PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING
PRODUCTS, LIABILITY CLAIMS, AND RI=LEASES, AND HOLDS HARMLESS THE
CITY OF FORT WORTH, AND ALL OP ITS OFFICIALS, OFFICERS, EMPLOYEES,
AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE
CA.PAGITIM FROM ANY AND ALL LIABILITY, CLAIMS, SUiTg;' DEMANDS,
EXPENSES OF LITIGATION, OR CAUSES OF ACTION' WHICH M4Y ARISE BY
REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO
PROPERTY,'• OR LOSS OF USE OF ANY PROPERTY ; OCCA810NE13 BY THE
TRANSPORTATION, STORAGE, & HANDLING, USE, AND DISPOSAL BY
PARTICIPATING CITY ANY MATERIALS ACCEPTED BY PARTICIPATING CITY
UNDER •'THIS AGREEMENT FROM FORT WORTH.
F. In regards to materials accepted by residents ar businesses of participating Cities,
FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
THAT.
9. the container contents are what the (abet indicates;
�. the container contents are those originally placed into the container 6y the
manufacturer,
3, the product is of the quality intended for its use;
4. the contents of the car►tainer have been stdred properl}r;
8. the iristructione on the container label for use, storag®, 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 recaNed}; and
' 8. & the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIEE).
G. Participating City shall attempt to inform its residents and businesses that if they go to
' the' Enviranm�ntal Collection Genter to pick up household hazardous waste for reuse, a
release of liability must be signed to accept the household hazardous wasto for reuse.
B.
RIGHT TO REFUSE WASTE
Part{cleating Gity agrees that Fart 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:
Page 11
A. The waste is not househaid hazardous waste;
B. The waste fails to meet other estabilshed6criteria established by this Agreement, or that
have been established by Fort Worth subsequent to the execution of the Agreement;
too
C. The•individual does not have.sufficient identification to establish that he/she is in fact a
resident of Participating City,
D. Participating. City has Implemented a voucher system for its residents to dispose of
waste, and the individual does, not have a valid voucher, or .
E. The waste or the individual presents a hazard to the ECC or to persons or property at
the ECC.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A Hours of Operation
During the term of the Agreement, the ECUs hours of operation are as follows:
Thursday and Friday 11:00 a.m. -- 7200 p.m.
Saturday 9:00 a.m. — 3:00 p.m.
S. Days the Environmental Collection Center will be closed
During the term of.the agreement the: ECC wql be closed on the following days
Thanksgiving Holiday, November 27-28, 2008
Christmas Holiday, December 25, 2008
New Year's Day, January 1, 2009
M.L.K. Day, January 19, 2009
iViemorial Day, May.25,.2009
independence Day, July 4, 2009
Labor Day, September 7, 2009 .
C. Notifying Residents
Participating City agrees to notify its residents of the ECUs hours of operation and dates
It will be closed. Participating Ciiy may adver#lse the 24-hour t=r<vjrgrEmenfa! Gollectfon
Center telephone ,number., to.. giveAts.. residents .the. Environmental Collection Center's
hours. The number is: (817) 871=5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
Page 12
A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to
the ECC or per household for participa#ion in a Mobile Collection Event to dispose of
Household hazardous waste.
B. If' Fort Worth determines that Participating City's' MGU operators improperly packaged
any of the HHW delivered to the ECG, Fort Worth shall repackagd 'such vAste, and
Participating City shall reimburse FortWorth for It staff time ai $20.00 an'hour and the
cost of'suppiles.
a,spill occurs at the ECC wh)le the Non- Fart Worth MGU 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 of $60.00 per hour staff time and the cost of
suppilem
'p. The amount due to Fort Worth for services provided under this S+3ciion, Paragraphs A,
B, and C, shall be billed to Participating'Clty quarterly. Participating Cl ty shall pay Fort
Worth within 30 days of receiving a* bill froth Fort Worth. If Fort Worth does not receive
payment within 30 days, Fort Worth shall iriforrn Participating City In writing that It will not
accept any household hazardous waste from Participating City's residents and that Fort
Worth will not particlpate in a mobile collection event or provide a mobile collection unit
until paid.
E. At the end of the term of this Agreement, Foci Worth shall provide a final accounting to
Participating City, which will include the total number of Participating Gity"s households
whlbh particlpated in the program,, repackaging fees, if any, and the total cost of spilt
response chaigdd to Participating City, if any.
F. Pursuant to the requirerr ents'*of Government Cbde §791,011 (a)(3), the amount'due to
Fort Worth under Subparagraph D. above shall be paid from revenues currently
available to Participating City in the preseht fiscal year.
ARZ1NpRK, "CAPTAIN CRUD AND T}iE CE�Ut�bIES," ANa PROMO'f1ONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain 'Crud" and. the CrOddies ("Bloomer," "Otto," "Pestle,
"Scrub," and "Van Goo") and the recycling buddies ("Scrappy," "Juggles," and "Cana
Nana") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong
to Fort Worth. Fort Worth has registered these imarks, as service marks with the Secretary of
State.
A. Fort Worth Hereby grants to Participating City a normtransferable, non-exclusive license
'to use' all the artwork and promotional materials tha4 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 wrMen consent from Fort Worth.
Page 13
B. Fort Worth may provdde licensed Artwork and F�romotiona{ Materials to Participating City
pursuant to the terms of this Agreement. Pariiclpating City acknowledges that by virtue
of this License, Participating City acquires only the right to use the. original and permitted
duplicate copies of the Licensed Artwork and Promotional Materials and does not
acquire• any rights of ownership. in the Licensed Artwork and Promotional Materials,
which rights shall remain exclusively .vAh Fort Worth. If Participating City wants to modify
or change the artwork and/or promotional materials •In tany manner, Participating City
hereby agrees to contact Fort Worth in writing to obtain written consent before modifying
or changing any artwork and/or promotional materials.
Partic[pating Clty desires an actor to• portray "Captain Crud" for an event, Warlicipating
City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating City shall be solely responsible for
compensating actor for the services provided to participating City. Participating City will
contact Fort Worth as soon as possible with the date and time of the event• agreeable to
both parties to obtain approval- for the chosen actor and to request and pickup the
"Captain Crud" . costume, for • its events. Fort Worth will provide, the "Captain Crud"
costume. HoWever,:Parficipating4City, agrees to be liable to Fort Worth for any damage to
the costume or if Participating. City fails to return the entire costume to Fort Worth or If
the costume is not retu nod In the same condition as received.
12.
IMMUNITY
It• }s expressly •understood and. agreed that, in the execu�on of •this Rgreem®nt, nonm 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.
FORCE MAJEURE
A delay or failure of Fort Worth to pertorm services pursuant to this Agreement shall be excused
to the.exteni that the delay of failure to perform resulted from a force majeure event, and the
delay or failure was beyond the control of Fort Worth and not due to its fault or negligence.
Participating City shall not have, and hereby waives, any claim whatever for any damages
resulting from delays or failure to perform caused by a force majeure event.
. 14;
TERMlNA`f[GN
The parties shall each have the right to terminate the Agreement for any reason, with or without
cause, upon thirty (3t}) 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
DISPQSAIJRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMEN`i`'
(Paragraph 11).
Page 14
15.
NOTICE
Any notices required to be given under this Agreement shall ti® dsiivered as , ollows:.
tf to Fort Worth:
Br}an Boerner, CHMM, Director
Department of Environmental Management
City of Fort Woith •
1 DDo*ThrockmortoW
Fort•Worth', Texas 76102
If to Particioatina City:
Daniels Place, Cit:v Secretary
16.
ENTIRETY
lltts Agreement contains all cammitments..and_Agreements of.the parfies hereto, and no other.
oI al or written commitments shag have arijr force or effect if not contained Herein; ezc,®pf'that
this Agreement can be amended or modified'by the parties if such amendment or modification is
in writing and sign®d by Participating City and't=ort Werth,
17.
SE1/Et�ASILITY
in the event anyone or more of the provisions contained In this Agreement shall for any reasoh
be held to, be invalid, illegal, or unenforceable in any respect, such invalidity., illegality, or
unenforceabil}ty shalt not affdct any other 'provision thereof and this Agreement 'shall be
construed as if such invalid, Illegal, or unenforceable provisions had never been contained
hereln.
1 t3.
vENt)E
Should any action, real or asserted, at laud or In equity, arise out of the terms and conditions of
this Agreement, venue for said action shall be in Tarrant County, Texas.
Page 'S5
19.
AUTHORITY
This Agr®err®nt i� made for Fart Werth and. Participating City as an , Interlocal Agreement,
pursuant to Texas Govemment Code, Chapter 791.
The undersigned officers and/or agents of the parties hereto are proporly 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 farce and effect
EXECUTED IN TRIPL{CATE
CITY OF FORT WORTH
A`snt GI#y Manager
Date:
APPROVEb AS TO FORM
AND LEGALITY:
Assistant I tity Attorney
ATTEST:
Gify Secretary
Cont�f authorf�ation
o1nR
Date
CITI' OF :Wataug�., Texas
Printed narfile.dlzy'..'
Title: Mavor
Date: 9 � -�
APpROVEo AS TQ FCiRM
AND. LEGALITY:
Attorney
ATTEST:
aC�
Glty Secretary
Page 16
1?xhibit "A"
iV{ateris{
Amou»f Restocked
Special N®eds
Remarka.
55 gallon open top
Amount taken off the •
drums (open top for
trailer
loose asks)
S 5, gallon drums (closed
Amount taken off the
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 offthe
trailer
5 gallon buckets
(fzlters/haz chemicals)
Amount taken off the
Trailer
Survey Forms
Amount taken off the
trailer
Labels/drtun placard
Amount taken off the
trailer
Gaylord boxes
Amount taken off the
trailer
Absorbent pads
Amount taken off the
trailer
Vermiculite
Amount taken off the
trailer
Gil dry
Amount taken off the
trailer
Promotional Materials
& Brochur®s
Amount needed
Page 17
WAIVED AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
( being the owner of property located at
have been asked by the City of WatiauuA -Texas. to allow a mobile coltectiori
event on my property to collect household. hazardous waste on the , ZO
I hereby give my permisslon to the City of a a uga and the City of Fort
Worth, to hold a household hazardous waste collection event on my property in Which the City
A Watauga has asked the City of tort Worth to send Its mabila
collection unit to collect the household hazardous waste that is brought to the event.'
thereforeI 1 hereby RELEASE, DISCHARGE, HOLD HARMLESS, tEVDEMRdIFY the City of
Fort Worth or its officers, agents, and employees and the City of
Watauga ____ . __. __ and.its officers, agents, and/or. employees for any and
A claims, demands, liability, causes of action, actions or suits of any character that I may have
against the City of Fort Worth or its officers, agents, and/or employees and the City of
Watauga or its officers, agents, and/or employees for any property loss or
damage, for any and all personal Injury including death or any other damage of any kind or
character which many arises or that arises from allowing the City of Watauga to
hold a household hazardous waste collection event, in which the Clty of Fort Worth sends its
mobile collection unit on my property.
I have read this Waiver and Release and fully understand its farms and conditions. l have not
been Influenced in any extent whatsoever 6y any representatfan or statements riot contained In
this Agreement.
Signature Date
Witness
Page 1 of 2
•, t •
,' • . • • • �
COUNCIL ACTION: Approved on 9/16/2008
DATE: Tuesday, September 16, 2008
LOG NAME: 52ECCFY09CITIES
SUBJECT:
Authorize Entry into Interlocal Agreements with
Entities for Participation in the Environmental
Program
RECOMMEND�4TION:
REFERENCE NO.: **C-23041
Various Municipalities and Other Governmental
Collection Center Household Hazardous Waste
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 its ninth 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, 2008, through September
30, 2009) is $47.00 per household. It is anticipated that approximately $588,724.00 will be collected under
these agreements. During Fiscal Year 2007-2008, 36 area entities signed participation agreements with
the City of Fort Worth. For the upcoming year, it is expected that all of these entities will participate and
others have already expressed interest.
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, 2008, through September 30, 2009:
Arlington Azle Bedford
Benbrook Bridgeport* Burleson
Cedar Hill Cleburne Colleyville
Crowley Edgecliff Village Euless
Grand Prairie Grapevine Haltom City
Hood County* Hurst Keller
Kennedale Mansfield Midlothian*
Newark* North Richland Hills Parker County*
Pantego Richland Hills River Oaks
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 10/13/2008
Page 2 of 2
Saginaw
Sommerville County
Tarrant Regional Water District
Upper Trinity Regional Water District
Waxachachie
Westworth Village
Sansom Park*
Southlake
Town of Trophy Club
Venus*
Westlake
White Settlement
Sherman
Stephenville
Unincorporated Tarrant County
Watauga
Westover Hills*
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmental Management Department is responsible for collection
and deposit of the funds from these agreements.
TO Fund/Account/Centers FROM Fund/AccountlCenters
R103 488220 0521100 $588,724.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Charles Daniels (6183)
Brian Boerner (6647)
Kim Mote (5153)
http://apps.cfwnet.org/council�acket/Reportshnc�rint.asp 10/13/2008