HomeMy WebLinkAboutContract 28131�' r;,
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INTERL.00AL AGREEMENT ��OR �PARTICI�PAl"ION I1�[ FORT WORTH'S
ENVIRONM�NTAL COLL.ECTI�N CENT�R
H�USEHO�D HAZARDOU51/VASTE PROGRAM
TH15 AGREEMENT is entered inta by and between the City of Fart Worth, Texas, a home-ruEe
municipai corporaiion situated in Tarrant and Denton Caunties, Texas, hereinafiter calfed "For#
Worth," acting herein by and through Libby Watson, its duly authorized Assistant City Manager,
and Upper Trinity Regional Vllater DEstrict, a conservation and reclamation district creaied
pursuant tQ Article XVf Section 5.9 of t�e Constitution ot Staie of Texas sit�tated in Denton
County, Texas, hereinafter called "Participating Ciiy," acting herein by and fhrough
Richard Lubke its duly authorized Pr�sident .
W[TNESSETH
WHEREAS, Texas Government Code, Chapter 791, autharizes the formulation ofi ir�terlacal
coaperatEon agreements between and among lacal go�ernments; and
WHEREAS, Texas Government Cade, §79�.D11 prouides that a local government may contract
with anather to perform gavernmental functions and services, and §791.003(3)(H} defines waste
di5posa[ as a governmental function and ser►►ice;.and
WHEREAS, Texas Government Code, §799.025 pro�id�s that a lacal gavernment may agree
with another Ioca1 government to purchase services; and
WHEREAS, For� Warth ancf Participaiing City desire to en#er into an int�rlacal agreement
whereby Fort Worth wifl purchase the services of a was#e disposallrecycling firm or firms and
will administer a hausehold hazardous waste co�lection program; and
WHEREAS, �ort Warth artd Participating City muivalfy e�esire to be subject to the provisians of
Texas Go�ernment 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 atherwise, tt�e foElowing terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Ac# of God means an act occasioned �y fhe direct, immediate, and excl�si�e operation
of the forces of nature, uncon#rolied ar uninfluer�ced by the power of hurrtans and witho�t
human interver�tion.
Bilf of Ladina lists the contents of the rnobile colleckion unit:
�nvironmental Coflectiot� Ce�ter (ECC1 means the Gity o'f Fart Worth Departmer�t af
Env�ror�mertta� Management facility located ai 6400 Bridge Street, Fort Wo�th, Texas,
which is ta be used by Fort Worth for the aggregation of h�usehol� �a�a���.u� �st�s:
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that have been brought to the facility by participating cities' households far subsequent
recycling, disposai, and/or reuse.
Environmental damaaes means all claims, judgments, damages, losses, penalt�es, fines,
iiabiiities (including strict liability), encumbrances, liens, CQ5t5, and expenses of
in�estigation and defense of any c[aim, whether or not such claim is �ffimately de#eated,
a�d af any gaod faith set#lement or judgment, of w�atever �cind ar nature, con#ingent or
othervuise, rriafiured or ur�matured, foreseeable or unforeseeabfe, incluc�ing ►�vitF�out
lirnitatiar� reasonable attorney's fees and disbursements and consul�ant's fees, any af
wf�ich are incurred subseq�en# to the execution of this Agreem�nt as a res�it o# the
handlir�g, collection, transportatian, s#orage, disposa�, treatment, recovery, and/or reuse
of waste pursuant to this Agreerr�ent, or the existence of a violation of environmer�tai
requiremen�s per�aining to same, and includmg vyitho�t Ifmi�ation:
{a) Damages for persona! injury and death, or ir�jury to prope�ty or r�atural resources;
(b) Fees incurred for the services of at�orneys, consultants, contractors, exper#s,
labnratories and ail other costs incurred in connection wi#h the investigatian or
rernediation of such wa�te� ar viola#ion of enviranmentaf requirements i�c[uding,
but not limited io, the preparation o'f any feasibi�ity stuc4ies or reports or the
performar�ee of ar�y cleanup, remediation, remaval, response, abatement,
contafnment, clos�re, restoration or monitoring work req�aired by any federal,
state or focal go�ernmental agency or political subdi�ision, or otherwise
expend�d in cortnection w�th the exis#enee of such wastes ar vioratior�s of
er�vironmental requirem�nts, and includir�� withouf limitation any aftorney's fees,
costs and expenses incurred in er�forcing ihis Agreemer�t or collecting any sums
due t�ereund�r; and
(c) LiabiCity 4o any #F�ircf person or go�ernmen#al agency to indemnify such person or
ager��y for costs expencied in connection with t�e items referenced in
subparagraph (b} he�ein.
Environmental reQuirements means all appficable prese�t and future statutes,
r�gulations, rules, or�inances, codes, licenses, perm�ts, orders, appravals, plans,
aufharizativns, concessions, franchises, and similar items, af all governmentaf agencies,
deparkments, commissions, boards, bureaus, or instrumentafities of t#�e United States,
siates, and political subdivisions thereof and all app[icable judicial, administrative, and
regulatory decrees, �udgments, a�d orders relating ta t�e protection afi �uman healtF� or
the en�irflnment, i�cluding wi#hout limitation:
(a) Ali requiremen�s, including bt�t not lim+ted ta those pertaining to reporting,
licensing, permitting, investigation, and remediatian of emissians, discharges,
releases, or threatened releases o�' haza�-dous materials, pallutants,
contamir�an#s, or hazardous ar toxic substances, materia{s, or wastes whett�ar
safid, liq�id, or gaseaus in nature, into the air, surface water, groundwater, storm
water, or land, or �ela#ir�g to the man�facture, pracessing, distributior�, use,
treatment, storage, disposal, transport, or handling of pollutants, contaminants, or
l�azardaus or toxic suhstanc�s, materials, or waste5, whether solid, liquid, ar
gaseous i� nature; and
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(�) AiI requirements pertaining to the p�otection of the healih ar�d safety of
�mployees or the pubfic.
�orce maieure means decrees of or restraints by a governm�ntal instrumentality, acts of
God, woric stoppages due to labor disputes or strikes, failure of Fort Worth's
con#ractor(s} to perform pursuant to their agreem�nts w{th Fort Worth fior the conduct of
#he c�llection of h�useh�fd hazardaus waste, fires, explflsians, epidemics, riois, war,
re�elfion, and sabotage.
Household hazardous waste (HHW) rneans any solid waste generated in a household by
a consumer whicf�, except for the exclusion pro�ided fior in 40 CFR § 261.4(b)(1), would
be cEassifiied as a hazardous waste �nder 4Q CFR Part 269.
Manifest means #he uniform hazardaus waste manifest form(s) furnished by the TNRCC
to accompany shipments of m�anicipal hazardo�s waste or Ciass 1 industrial solid waste
for waste transportad to a sit� in Texas, or the comparabie manifest of the �r�cei�ir�g
state if the waste is transported out of Texas.
Mobile �:collection event means a hoUsehold hazardous waste collecfiQn e�ent by
Participating City uti[izing a mobife collection unit.
Fort Worth Mabile collec#ion u�it (MCII). means a non-selfi-propelied vehicle used for the
periodic callection o# household hazardous waste by Par�icipating City, off site af the
ECC, which is transported #o the ECC to dispase of the household hazardous waste
collected at the mohile collection event. The Fort Wo�th Mabife Coilection Unit is
designed to haid the hazardous waste o# ap�roxirnately �0 to 75 households.
Particibatina Cities, when used ir� the plural, means Fart Warth, Partici�ating City, and ali
other entities which have entered into interlocal agreerr�ents with Fort Worth for the ECC
household hazardous waste callectiort program.
Person mear�s an individ�af, corparation, organizaiion, gov�rnmen#, or governmental
subdi�ision ar agency, business trust, partnership, association, or any other legal entity.
Was#e 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 pra�ision in tF�is Agreement explicitly states ofherwise, the following
abbreviations, as used in this Agreement, shall have the meanings hereinafter
designafed.
CERCLA - Comprehensive Enviro�menta! Response, Compensa#Eon, and Liabi�ity Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Departmer�t of T�'ansportation.
ECC - Environmental Coilection Center.
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EPA - United S#ates En�ironmental Protection Agency.
HAZC�4T - hazartEQus caiegorization.
HAZWOPER - hazardaus waste aperations an� emerr�ency response_
HM - hazardous materials.
HHW - household hazardous waste.
MCU - Mobile Collection Urrit.
2.
FURPOSE
The purpose of this interlocaf agreement (hereafter "Agre�ment") is the provision of seruices �y
Fc�rt Worth to Participating City whereby, sub3ect to the terms and cortditions specified �eiow,
Fort Warth wil! admi�ister ancf supervise a regional househvld hazardaus waste cQllection
program, whlch wil� be avai[able to households within Participating City.
3.
T�RNf
This Agree��nt shaCl be �ffective from the date the last party has signed this a�re�meni
through Septemb�r 30, 2003.
4.
SERVICES OF F�JRT WORTH
Fort Worth agrees to perform tf�e foElowing services for Participating City in conriection with the
EGC i�ousehoid hazardous waste collecti�n pragram:
A. Fvrt Worth wifl adminisfer a regionaE hQusehafd hazardous waste collection program.
This program wi�f inciude the operafiion of the En�iro�men#al Coflec�ian Center, which
will accept for disposal andlor recycling household hazardous waste from hvusehalds
lacated within Part�cip�iing Gity. Fort Worth sha�l not accept campressed flammable gas
cantainers; radiaactive materials; expfosives or potentially shock� sensitive materials;
biologica[, etiolagic, and infectioUs materia�s; wastes from businesses; and any other
wastes tl�at Fort Wnrth has de#ermined are ur�acceptable.
B. Fart WorEF� wiif employ or retain personnel to provide the services necessary to pe�form
Fart Wo�th's obfigat6ans in this Agreement.
C. Fort Vllorth wif] enter into a cantract(s� uvith waste disposaUrecycling firm(s) �ar the
handling, colfection, transportatian, storage, disposal, treatment, recovery, ar�dlor reuse
o�F household hazardous waste, which is collected at the ECC.
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D. Fort Worth will, if request�d in writing by Participating City, provide Participating City wi#h
copies of waste manifests for shiprne�ts of waste from the ECC.
E. Fort Worth will, if requested in writing by Participating City, pro�ide Participa#ing City a
monthly report af the Participating Gity's househoEds who dispos�d of househofd
hazardous waste at t�e Environmental Coifection Center or a Mobile Collection Event.
F. Fort Warth wili issue a report and a bill at the end ot eaci� quarter detailin� the number of
Participating Ci#y's house�olds that disposed of household hazardous was#e at the
En�ironmental Collection Center or at a mobile collection event.
G. F'ort Worth will act under this Agreeme�t in accordanee with all appiicable state and
federal faws.
H. N�n-Fort Wor�h Mobi�e Gollection Unit
�, Fort Worth agrees tn accept hausehold hazardous waste from Participating City's
MCU in accordance wEth Section 5, of this agreement.
2. Fvrt Wor�h agrees to restock the items it remaves from Partici�ating City's MCU,
however, Fort Worth shal[ ot�ly restock Ft�ms listed in Exhibit "A", a#tached and
incarparated herein as if set forth.
Mabile Goilection Ev�n#s —Usinq Fort Worth's Unit
1. If Participating City woufd like to schedule a mobile collectian event with
the Fort Worth Mobile Cvliection Unit, �ort Worth wil[ send Parttcipating
City a iist of a�ailable dafies. Participating City will contact Fort Worth as
soon as possible to schedule the da#e, time anc! location agreeabfe to
both parties.
(a) Location
If Participating City chooses to hold fhe Mobile Colfection Event on
pri�ate property, Participating Cify shall obtain a signed wai��r
from #he owr�er ofi the property '{ week privr ta t#�e �vent. The
wai�er shall be in the� torm vf Exhibii B or similar #orm approved by
Fa�i Worth. The signed wai�er must b� sent to Fart Worth 1 week
befiore #he Mobile Collecti�n Event. If t�te signed waiver is not sent
ta Fort 11Vorth � week before the Mobile Coll�ction E�ent, Fort
Worth wil[ not send the Fort Worth Mabiie Coflectian Unit to the
e�ent and F'articipating City will, irt no e�ent, be entitled to any
damages of recovery of any costs, except as provided herein.
{b} Avai�able Dates
Participating City acE<nowledges that Fort Wort� contracts with
other mu�icipa6ties and that Fort Worth will be accammodating
each Parkicipating City's request on a first come first served basis.
Therefore, Participating City acknowlec�ges ti�a# its cf�os�n date to
scl�ec�ule a mobile collectior� even# may be reserved by anather
City and Participati�g City wiEl have to chnase another date.
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Participating City wi(I, in no ev�nt, be entFtled to ar�y damages or
recdvery of any costs, except as provided F�erein.
2. At the Mobile Collecfion Event, Participating City acknowEedges ar�d agrees fhat
Fort Worth sha�l accept household hazardous waste from ihe first 50 households
that show praof of residency at the Mobile Collection E�ent. After ihe firsf 50
ho�seholds, Fart Worth wifl determine in its sole discretian how m[�ch more
waste it can accept ar�d store properly. If r►�qre hausehalds arrive at the �vent
than Fort Worth can acce�t, Partici�ating City will in no even# be entitled to any
damage of reco�ery of any costs, except as provided herein.
3. Due to ti�e fack af storage space at the ECC, Participating City acknowledges
and agrees thai i� it requests the Fort Worth Mabife Co!lection Unit at a mobile
�oliection event, a Participating City's Non-Fork Worth Mobile Copection Unit s�all
not also be at th� e�ent.
4. City, in its sale discretion, will determine whether to send the Fort Worti� Mabile
Cal(ectio� Unit fo Pa�#icipattng Git�`s Collect9on Event during adverse we�#her or
the threat of adverse weather including but nat limited to sleet, snow, rain, mist ar
hail. in the even# Fort Worih deiermines nat to send the Fort VrJarth NPobile
Collec#ion Unit, Fort Worth s�alf notify persons listed in Section �, Paragraph A
and shal� send a For� Worth �mpl�yee #o the Parkicipati�g City's eve�t to tell any
residents that come to dispose af household hazardaus waste; 1� that the Fort
Worth Mobile ColEectiort Unit will not be caming to the event, anc�, 2) that the
residen# can go to tMe �CC ta dispose of the waste artd prov�de a rrzap to the
ECC.
5.
DUTIES OF PARTfC�PATING CITY
Participating City agre�s ta perForm the foflowing duties in connection w�#h the �10ClSEiIOIC�
hazardous waste col�ectior� program:
A. Participating City will designaie one o# its empfoyees, and another as an a!#ernate, ta act
as its householc� hazardous waste collection coordinator to interacf with Fort Worth.
Designated persan is: L�da S��:wart telephone number: 972-219-1228
Pager number ar 24-hour num�er where �e or she can be reached: 972-209-8693
Alter�ate person is James Roqers #elephone number: 972--489-3D77
Pager number or 24-hour number whare he or she cart �e reached: 972-489-3a77
6. Participating City will �orclinaie and fund a!I program advertising targetecf to its own
citizens, as it cle�ms �ecessary, S�ch advertising shalf include the type af wastes that
rwill be accepted af ihe ECC, the requirement of prcaof of re�idency and weafher
cancellation information.
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C. Participating City shall notify its residen�s o'� the ECC hours of operation and dates it is
CI05�C1 as provided ir� Section 9"The Environmental Collection Center Hours of
�peration."
D. Participatir�g City may choase to utilize a �o�cher system fot' its residen�s ir� order for
them to bring HHW to ti�e �CC. !f Participatir�g City chooses to use such a sys#em, it
shall notify Fort Worth af the decision, and shaH provide Fort WortFt with a copy of the
official vauch�r. In adciition, if a citizen from a Participating Ciiy that utilizes a vaucher
System comes to the ECC or a mobile collection event without a �oucher, Participating
City acicnowledges and agrees that Fort Worth wil! not aceept the household hazardous
waste until Participating City authorizes the acceptance in writing.
E. Participating City may submit a written request for a monthly r�part list�ng the r�umber of
its city's households that ha�e disposed of householcf hazardaus waste at the ECC or a
mobile collectian event.
F. Participating Ciiy shall provide traffic cantrol and signage for the mobi[e collec#io�
�vents, and shafl provide personr�el to assist Fott Worth with the survey and scree�ing
o# persa�ts dropping aff household hazardous waste. The parties prior to the event shall
agree u�aon the details of the traffic con#rol, signag�, and personnel assis�ance.
G. Partici�atina Citv'� Mo�ife Collection Uni#s Collectinc� House#�old Hazardous Was#e,
Participating Ci#y shali ad��se the ECC program manager af feast 72 hours in
advance ofi i�s mobile callec#ior� events. Participating Cify shall callect oniy HHW
during a mo�ile collection event. Wastes from commereial, agriculi�ral, and
industrial sources shall not be aecepted. Participating City shall nat accept
com�ressed f�ammabEe gas containers; radioacti�e materials; �xplosi�es or
�o�erttially shock sensitive materials; b#alogical, etiologic, and infectia�as
materiaEs; ar�d any other ►wasfes that Fort Wor�h has determined are
unacceptable. �
2. in accordance with the lates# DOT rec{uirements, Participating City's MCU
operafars wi11 properfy categorize, package, mark, label, and laad into the MCU,
aIl wastes receir►ee� at the mabile collection eveni. RecyciaE�le products (us�d oif,
used oil #ilfers, latex �aint, recyciat�ie anti-freeze, lead-acid batteries, and
fluorescent lights) will be segregated into containers far recyclables.
3. After accepting wastes, Participating City`s MCU o�erators shalf thoroughly
check each container for proper labeling and identificatian. ff a con#ainer is
properly identified, the material wiil be segregated according to hazard class and
prepared for packagi�g. If a container does no# ha�e adequa#e labeling to permit
ider�tification, the MCU operatars shalf then attempt ta ident�fy #f�e material from
its physical characteristics using HAZCAT analysis and from informa�ion provided
by fhe hausehold presenti�g the waste.
4. The Parti�ipating Ci#y's MCU operators shall package all hazardaus materials in
accQrdance with Unit�d States Department of Transportation (DOT}
requirements, United States Enviranme�ta! Proteciian Agency �EPA)
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req�airements, and al� other appiieabfe federai and state requirements. After ali
tF�e wastes hav� been properly identified and segregated, the MCU opera�ars will
reexamine the wastes for compatibility, list them on the container con#ent sheets,
and pack them into drums. Oii-basec� pain#s and latex paints shafl be bulked
separately in 55-gal4on dr[�ms, ar ifi the pa�nt is left in its container, the �aain# can
be �acked in a linec! cubic yard bax, and packed and labeled according to federal
and sta#e regulations. Participatir�g City shaff not transpart waste that is not HHW
to the ECC. Participatir�g City agrees to ma�te its own arrangemen#s to d�spase of
any non-HHW vvaste coNecfed at the event.
5. Prior to transpor�ing the HHW fram the colfection event site(s), Participating City's
MCU operators sF�all carnplete a 8i11 of l.ading, ar�d shall keep t�e Bi�l of Lading
in the ca� of the truck ha��ing the MGU durir�g trar�spo�ation of the HHW to the
ECC. Participating City sha�l require ti�at a rninim�m of flne copy of the latest
North American Emergency Respor�se Guidebook be kept wit�in the cab of tn�
tr�e�c.
6. During �ransportation, Participating Giiy's MC� opera#ors shall placard the iV1CU
tor transportation of hazardous waste in accordance with federal and state law.
7. Upon the return of the MCU to tt�e ECC, Participating City's MCU operators shall
follow the instructians of Fori V1lorth regarding the pfacement of the MCU far
unloading. Fort Worth shal� take possession of #he MCl1 firom Participating City
after ihe MGU has k�en properly �arC�ed far unlaading i� accordance with Fort
Warth's instruc#ior�s ancf all req�ired doct�ments have beerr deiivered to the ECC
program manager or his �esignee at #he ECC. Fort Vi/orth shall, wifhir� a
reasonable amount of time, unioad the HHW from the �or�-Fart Wor�h MCU and
store tf�e HHW at the ECC,
8. If Fart Worth, in its sole discretion, cfetermines that Participat�ng City's MCU
aperators improperly packaged any a� the HHW defivered to #he ECC, Fort Worth
shafi repackage st�ch waste, and Participat�ng City shall reimburse Fort Worth as
set forth in Sec�ion 10., Paragraph B.
9. If a spil! occurs at fihe ECC whife the M�U is stili irt Participating City's
poss�ssion, Fo�t Wo�h shal� taic� controE of the spifl response and Participating
C�ty will reimburse Fort VIlorth for its response cnsfs as set fort� in SectioR 1 Q.,
ParagrapFt C.
B.
USE QF WASTE DISPOSAC�lREGYGLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth wili enter into a cantract{s) wifh waste di�posallrecycling frrm(s) far the
handEing, colfectio�, transpartatian, sforage, disposal, treatment, recav�ry, and/or reuse
af houset�old hazardaus waste, whi�h is collected at the ECC.
B. Such firm(s) st�all be requirecf pursuant to the cor�tract{s) to assume generator status for
the waste coflected, �excluding used aiE, lead-ac�d batteries and antifreeze} to choose a
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disposai site fo�- the waste subject to �ort Worth's appro�al, and to indemnify Fort Worth
and participating cities against a�y and all environmenial damages anci the violation o#
any and all en�ironmental requirements resulting from th� har�dling, callec�ion,
transportation, storage, disposal, treatment, recovery, ar�t�lor recyciing of waste co1{ected
p�rsuant io this agreement, when said enviranmental damages or the �iolation of said
environmental requirements was the r�sult of any act or omission of contractor, its
officers, agents, employees, ar subcontractors, ar the joint act or omission of contract�r,
its officers, agents, smplaye�s, or subcontractors and any ather parson or entity.
C. TFf� P��tTf�S ��C�GWIZ� iFi�Y A��'HOUCFi iH� FlRf�➢ �S} l�IL,L �E REQUIREC�
i0 ASSUAdY� �EiVERAi4R STA,TLIS, �'H15 r45SUMIPTION lii�l�� WDi R��I�d'�
PA�T'iCi�l� f IIVC CCTY DF LIABIL1�lf �OR iHF 16i�AS T� UN��R ����RAL LA1d�
A{Vp SYAi� ��,11V. Fort Worth v�+ill arrange for recycling vendo�s for used oil, batteries,
antifree�e, an�f other materials, as it deems appropriate.
7.
REUSE OF COLLECTED fU'IATERIALS
A. From time-to-time Fort 11Vorth will ma�Ce a�ai�able �o residents and busin�sses o# Fort
Worth, as wefl as, Par�icipating City and residents and businesses of Participatir�g City
for #heir use, collected hausehold hazardous waste materials that are suitable for reuse,
such as paint, fiertilizer, mafior oi{, �nd antifreeze. Fort Worth shall not charge for any
materials that are �icked up for re�se.
B. Some materia�s made available for reuse may have been consolidatecf and fiitered by
Fort Worth prior to being made available. Used antifreez� wiH #�ave been conso[idated in
a barr�f, filtered, and pH baiar�ced; and new antifreeze rr�ay have been adc�ed to the
barrel.
C. In regards to materials accep�ed by Participatir�g Ci�y, �'ORi 1�0��'li �A�Cl�S IVA
R��R�S€NT�T10�lS,1�1�RRAfdTiES OR CUI��tl�l�ilES T'HAY:
1. th� container contents are what the label indicaies;
2. the contair�er contents are those originally placed into the cantainer by the
manufacturer;
3. the product fs of the quafi#y intended for i�s use;
4. the confen�s of the container �ave beer� stored �roper�y;
�. the instructions on the container �abel for use, storage, and first aid are current or
cor�'ect;
6. fhe container is in �nimpaired conditior�;
7. the p�'aduct is still approued for use (i.e., it has not been banned or recalfeci); anci
8. the product can be used without risk to persr�ns, properiy or the enWironmertt.
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S��Cl�IC�t��Y �EWI��.
D. Participating City shali co�tact the ECC pragram manager to arrange a pickup time fo
obtain materials. F'articipating City agrees that it shall not return to Fort Vllorth, directfy or
indirectly, any materiafs it abtains from Fart Worth ur►der this �aragrapl�.
E. IN R���IF�9S TQ f�VATERIpol�S ACC�PTE17 �Y F�ARTICIPRTIN� Cr�lf,
P�IR�"lCI�AiIR�G CIiY �OES H�R��Y '1�l�11V� �L C�r4iN�l5, INC�UDIi��
P�O�?UCTS �lA�I�IrY CLAlRflS, /�MD R�L��+S�S, AND b��.�� bA�NdI��SS iH�
CtTY OF FORi �110�TW, �iVD ��� OF ITS O�'�fC1��S, O��IC��S, �IVYP�QY��Sa
Afs�IdTS, ��dD lIO�lJid7���S, I�! �UTb iF;EI� �U�LiC �Rl� PRI1s�T�
C,�P�4Ci`ftl�S, ��iOM 1�l�Y �idD �4LL. �IA�ILiiY, CLAINdYS, SUITS, D��i4iV��,
��t�E�lS�S �F� �I�iCl�Ti01�, �R CAUS�S O� �CTIUR! �1dHICH �9Alf ARI�� �Y
R��SOfd O� Ii�.iU1�Y `i� p�RSOt�S, L.�SS O� F�RO�'��tTY, �AflAI�A�E T�
4��a��R�'Y, OR LOSS �� llS� O� AR�Y ��O��RTY , OCCRS�Did�� �Y �H�
iRQ►FdSP(3R�AilOid, SiORAC�, ��I��LIPIG, USE, AR�� 9tSF�05�►� �Y
f��RYlCI�a�ilidC CIiY �� �4R�Y N��1Y�RIALS �CCEPT�� �Y P�l�i1CfP�►�Ii�C CliY
Ui��ER iHIS AGR���ENi �ROR� �ORi +�f@i�iW.
F. In �regards to maferials accepted i�y resicfents or businesses a# Participating Cifies,
���Y �'110RT"F; hfIAK�S P�O 1�1�PR���Wi�►TibWS, 1AIi��iRANi1�S 0� G�ll���Iit�S
�'H�T:
2.
�.
4.
5.
B.
7.
the container contents are what the iabel ir�dicates; �
the cantain�r contents a�-e #hase originally pfaced into th�e cvntainer by #he
mar�u�acturer;
the product is vfi the quality intended far its use;
the contents of the con#ainer have be�n stored pra�erly;
the instruciiaRs on the car�tainer label for use, stora�e, and first aid are current or
C4f f BGt;
the container is in �nimpaired conclitian;
the product �s sti[I appraved for use ti.e., it has not been ba�ned or recalled}; ar��
8. the prac�uct can he used withaut risk ta persons, prop�rEy ar the �n�ironment.
�l1RTb���fiOR�, AE�L �#'�►RRE�PITiES, ��PR��� Ak�D II�iPLiED, �.RE
SP�Ci�ICALLY ��rNEE�.
G. Participating City shail attempt to in�orm its residents and businesses that if they ga to
the �n�ironmental Ca�lection Center to pick up hausehold hazardous wast� for reuse, a
release of lia��lity must be sign�d ta accept the household hazardous waste for reuse.
10
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Wort� shall ha�e #he right #� refuse to accept waste at the
ECC from Participating City's resEde�t and ta eject such individual from the premises of the
ECC, if in the r�asonable juclgrneni of Fort Wartn:
A. The waste is nat househ�old hazardaus waste;
B. The waste fails to meet other establisned criteria established by this Agreement, ar ihat
have been esta�lished by Fort Worth subsequent ta the execution of the Agreement;
C. T�e individual does not have sufficient identificatian to esiablish that helshe is in fiac# a
resident of Participating City;
D. Participaiing City has impiemented a �aucher sys�em for its residents to dispose of
was#e, and t}�e individual does not i�ave a valid �ouc�er; or
E. The waste or ihe individual presents a hazard ta the ECC or to persons or property at
the ECC.
9,
ENVIRQNM�NTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours af Operation
�uring the term of the agreement, the ECC's haurs of operation are as foliows:
Thursday and FrEday � 9:00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:D0 p.m.
B. Days the En�ironmer�tal Collection Center will be closed
During the term of the agreement, the ECC wil� be closed on fhe following days:
Thahksgi�ing Holiday, No�ember 28 -29, 2Q02
C�ristmas Holiday, December 25, 2002
Jan�ary 1, 2003 through January 8, 2003, for clear�u� and repairs
M.L.K. Day January 20, 2003
Memorial Day, May 26, 2Q03
lndependence Day, July 4, 20D3
Lat�or �ay, September 1, 2Q03
C. Noti�ying Residents
Participating City agrees to no#ify its residents of the ECC's hours of operation and dates it wili
be closed. f'artici�ating City may advertise the 24-hour En�ironmental Caflectian Center
�� U�����!��������� ,
ir���'111 Hr:;,n,,..., r,�
�r1
, .� ���
'I 3.
FQRCE iVU�JEIJRE
A delay or faiiure of Fort Worth to perfarm services pursuar�t to this Agreement shall be �xcused
to the extent that the delay ar failure to perfnrm resulted frorr� a force majeure e�ent, a�ti the
deiay or faifure was beyond the �ontrof of Fort Worth and not due to its fault or negligence.
Participating City s�all nat have, and here�y waives, any claim whatever #4r ar�y damages
resulting from delays or failure to perform causec! by a force maj�ure eve�t.
14.
TERMiNATIaN
The par�Ees shali each have the righi to #erminate the Agreement for any reason, with t�r without
cau�e, upon fhirty (30} days written r�otice to ihe other par�y. Upon termination, the parties ahall
k�e refeased fram afI contractuai obligations to the ather party exc��rding "USE O� WASTE
DiSP�SAUFZECYCLING �IRNiS FOR HOUSEH4LD HHZARDUUS WASTE" {Paragraph 6)
°RElJSE 4F COLLECTED MATERfALS" (Paragraph 7) and "ARTWORK, "eAPTA�N CRUD
AND THE CRUDD�ES," Af�D PROMOTIONAL MATERIALS L�CENSE AGf�E�MENT
(Paragraph 1 � }.
95.
NOTICE
Any notices required io be given under this Agreement shall be defivere�! as foflows:
I# to Fart WorEh:
Brian Boerner, GHMM, Direcior
flepartment of Environmentai Management
Cify of �ort WorEh
1004 Th�ackma�an
Fort Warth, Texas 761 fJ2
�f to Parti�iqafinq Cifiv:
Executive �ir�ctox'
Up�ex T�rinitv R�ianal Water Dis�-si�t
900 No�.h Keal.y
P. O. I]rawPx 3�5
Lewisville, TX 750�7
'1$.
ENTIRETY
This Agreeme�t contains al� cammitments and Agreements af the parties hereto, and no other
ara! or wriften commitments shal! have any force or effect if not con#ain�d herein, except that
this Agreemer�t can be amended ar madified by the parties if such am�ndment or modification is
in writing and s�gRed by Participating City and Fort Warkh.
14
17.
SEVERABILITY
In the e�ent anyone or more of the provisions contained in this Agreement sha[I for any reason
be held to be ir�va�id, iAegal, or �nenfvrceable in any respect, such invalidEty, illegality, or
unenforceability shall not affect any other pravision thereof and this Agreement shall be
construed as if such inualid, illegal, or unenforceabie �rovisions had never been con#ained
herein.
18.
VENIJE
Shoukd any action, real or asser#�d,, at law or in equity, arise out af ihe terms and condit�ons of
tt�is Agreement, �er�ue for�said action shal! be in Tarrant County, Texas_
99.
AUTHQR�TY
This Agreement is made for Fort Warth �nd Participati�g Ci�y as an Interincal Agreement,
pursuant to Texas Government Code, Chapte�- i91.
20.
' AUTHaRIZATION
The undersigned afficers ar�d/or agents af the parties hereto ar� {araperty authorized afficials
and have the necessary authorify �o execute this Agreeme�t on behaEf of th� parties #�ereto, and
each �arty h�reby certifies tn the other #hat any necessary resolu#ions extending such authari#y
have been duly passed and are now in full force and eff�ct.
�s ��'� ������� �°�I` �., i
15 �,;�IC�!!� r:;:5nr- ,
C�' .
. ��/n�.
EXECUTED IN TRIPLICATE
CITY OF FORT VIIQRTH
By: ,
s, J .� �, !� \.
Libby Watsan "
Assistant City Manag�r
Date: � , . � -
>
APPROVED AS TO FORM
AN� LEGALiTY:
VU���� �����
Assistant City Attorney
ATT�ST:
�1
.
• »� �W .��� j .
loria Pea�s n �
City Secretary
� � ��� �
Contract authorization
a�/� � �
�� �
Date
Upper Trinitv Reaionaf Water District
ay:
Printed r�ame: Ri,chard A. Lubke
Title President
Date: `�.'e,�,�, S�' �oa �,
APPR01/ED AS TO FORM
AND LEGALITY:
`�- �� � � -�-, L
Gerteral Counsef
ATTEST:
w�na �..-
S�cretary, Bo� af Directors ,%
� '����f��C���i�?����pjj�
16 ��f��x�l.�r�,n.,._ _ � 1�4L"!
�'�rt���� �.
,_ �� �
-�- =�-,y �
Exh�bit "A"
���`�OCKIf�C �I�� f�0� ii�� Il���I�� C�LL�CiION l�idi�
h'Yaterial � Amount Restacked Special iVeeds � Remar�cs
55 gailon open top Amount taken off the
drums (op�n top for trailer
laase pacKs)
55 ga[lon drums Amount taken off the
{closed top) (oil, trailer
antifreeze, bulE<
flammable materials
and one e�ra)
Fibe� drums (55 or 30
gallonj Aerosols, Amount taken ofF #he
acids, bases and trailer
oxidizers)
Gaylord box �iners 1�
(plastic) Amount taCcen aff the �
#ra�ler
55 gallan drum iiners
Amount taken off th�
trailer
5 gallon buckets �
(filterslnaz chemicals) Amount taken off the
traiier
Survey Forms
Amount #aken aff th�
traiier
Labelsldrum placard •
Amount taken off the
trailer
Gaylord boxes
Amo�nt taken off the
� trailer •
Absorbent pads
Amount taken off the
irailer
Verm�culite
Amount �aken off the .
trailer
o�i dry
Amounfi ta�Cen aff the
traiier �
Pramoiional Materiafs
& Brachures Amount needed
'E 7
Exhibit "B"
1NA[VER AND RELEAS� OF LIABILlTY FOR COLLECTiON OF HOtJSEHOLD
HAZAFtDOUS WASTE �
I#�eing the awner afi property loca#ecf at
have b�een asked by the City a� to alla+nr a mobile callecffon
e�ent on my praperty to collect hause#�old hazardous waste an the , 20p'f .
In cor�sid�ration of , I hereby give my �,ermissian to the City of
ta hold a household t�azardous waste collection �vent on my
praperty in which the City of has as�ed fhe City of �ar� Wor�h
ta s�nd its mobile collection unit to collect the houset�ald haaardous waste that �s brougt�� to the
event.
Therefore, irt cons+dera#ion of ,{ her��y RELEASE,
��SCHARGE, HOLD HARMLESS, iNDEMNIFY the City of Fort Worth or its officers, agents,
and employees and the City of and its offcers, agenfs,
and/or employees for any and aE! claims, demands, liabilfty, causes of action, actions ar suiis of
any character that I may have agaEnst the City of �ort Warth or €ts offcers, ager�ts, andlar
emplayees ar�d fihe Gi#y of ar its o�cers, agen#s, ar�d/or
employees �or any property lass or damage, for any and afl personal ir�jury i�clud'mg d�ath or
any other damage of aRy kind or chafacter which may arises or tl��t arises from alfowing t�e
City of to hold a�ousehold �azarclous vvasie collection event, in
which the City af Fort Worth sends its mobil� collection �nii or� my property,
! t�ave re�d this Waiver and Release a�tf fully understand its terms ar�d candifions. ! have not
been in#Tuenced m any extent whatsoeWer by any representati�n or statements not contained ir�
ihis Agreement. I hereby acknowledge that this W�i�er and Release is given fn consideratian of
5ignature Date
Witness
18
City of `Fort Wo�th, Tex�s
Mayor an� Cou�c�l Commu�ica�ior�
pATE REFERE�ICE NtJMBER • LOG NAME PAGE
9124102 �`*C-19�58 � 52C4LLECT 1 af 2
SUSJEC7 INTERLOCAL AGREEMENTS WITH VARIOUS Ml1NlC1PALITiES FOR �
PARTIC1PATiON AT THE ENVIR�NMENTAL C�LLECTI4N CENTER
I
REGOMMENDATION; �
It is recornmended fihat the City Councif authorize the City Manager #o execute interlocal agreernents
witi�.various municipalitieslentities for �articipatian at the Env�ronmental Coifecti�n Center.
DISGl15Sf�N:
The City's Environmental Coflection Center is now in its sixti� year of operation colfec�ing househa[d
hazardous wast� from the citizens of Fart Worth a�d svrrounding communities on a year round basis.
In order' for r�on-Fort Worth citizens to participate at the Environmer�tal Col��c#ian Center, each
municipa�ity is req�ired to e�ter into an interlacal agreement with the City of Fort Warth.
The rate per househol� for the period covered b.y these agreements {Oc#aber 1, 2002 through
5ap�ember 3�, 2D03} is $50.00. The decrease i� the rate is due to recei�t of a grant from tF�e Nar#h
Central Texas Cauncil of Governments fhat will provide $1 �Q,040 for disposal costs during FY2Q�2-
2003. ?t �s anticipated that approximately $420,QOD w��l be co�Iected under these agreemer�ts. During
FY20D�-2002 twen�y-six area communities signe� parEicipation agreements with the City of Fort Wortt�.
For the upcaming year we expect a11 af ihase communities. to par�icipate and have had interest
expressed by six others. _ .
Ti�is agr�ement flutiir�es t�e respansibilities of each party, establishes the rate far participation, and
delineates the usage of service marked, pubCic education material. The City of Fflrt 1Nort� is
responsible far ov�rall operatiors of. the En�ironmental Callecfiion Cen#�r i�cluding contracting with a
hazardaus waste C�15pQS�I campany fior transpartatian and disposal of materials coElected. Th�
foll�wing entities have expressed an interest (*} ar are expected to commit to participation for the period
October 1, 2002�through Sep#em6er 30, 2003:
A�lington
Benbraok �
Cleburne
Euless .
Haltam C'rty►
Kennedale*
North Richland Hi�ls
Roanoke*
5#e�hen�il�e
Upper Triniiy Regiar�al Water D�st�ict
Whit� 5ettlement*
Azie
Burleson
Colleyvill�
Grand Prairie
Hurst
l�llans�'ield
Richland Hills
Saginaw
Trophy Cl�tb*
Venus
Willow Park*
Bedford
Cetiar Hill
E�erman"`
Grapevine
Kerler
Newark
River Oaks
Southlake
Un-Encorporated Tarrant County
Watauga
City o�.�F'o�t �Yorih, Texas
M��n� an� Cour�c�l Con�mu��ca�t�a�
DATE FtEFER�iV�E Ni_iME3�h� LOG NAM� PAG�
9f24102 **��� 9��,� 52COLLECT I 2 of 2
sua�ECY lN !'E1�LOC;AL AC�h�EEM Ni`'S W1TH UARIOUS MUN1ClPALITIES FOR
PARTiCiPATION AT THE.ENVIRONMENTAL COLL.ECTION CENTER
�ISCAL iNF4RMATIONlCERTI��GATION: '
Tne Finance Direcfior certifies that the Environmental Management Department wilf be responsibie for
the collection. af funds due under t�ese agreements.
LW:n
5ubmitted for City Manuger's
Ofiice hy:
Libby Watson
Originating Department Heud:
Brian Boerner
Additianal Infortnaiion Ca�stact;
Brian Boerner
6L83
` FiTI�TA � ACCOUNT � CE1�CT�R ` . AMOUNT
j (ta}
� R103 48822a 052110Q
CITY SECRExARY � �
�
�
8079 , (from)
8079 I
APPROV'8D 9/2M42