HomeMy WebLinkAboutContract 28132i ..
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[NTERLOCAL AGREEMENT FOR PARTICIPATIQN IN FORT WORTH'S
ENVIRONMENTAL CO�LECTION C�NTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEM�NT is entered into by and between the City af Fort Worth, Texas, a home-rule
municipal corporation situated in Tarrant and Denton Couniies, Texas, hereinafter calfed "Fort
Worth," acting herein by and through Lib�y Watson, its duiy autharized Assistar�t City Manager,
and ���y Q� ���phenville a munici�alitysituaied ir� ��ath countv. Texas,
herei�aft�r ca[led "Par�icipating City," acting herein by and through �ohn Moser its d�ly
authorized �avor �
WITNESS�TH
WHEREAS, Texas Governmeni Code, Ch�pter 791, aufhorizes th� formulation of interfocal
c�operation agreements between and among local governments; and
WHEREAS, Texas Gavernment Code, §79i.D11 provides that a ioca! g�vernment may coniract
with another to pertorm go�ernmental functions and s�rrrices, ancf §79T.003(3)(H) defines waste
disposal as a gavernmental functian and service; and
WHEREAS, Texas Government Cade, §791.025 pravides that a local gav�rnment may agree
with another local government to purchase services; and �
WHEREAS, Fort Warti� and Par�icipating City desire to enter info an interlaca� agreement
whereby Fort Wo�ih will purc�ase the services of a waste disposaflrecycling firm or firms and
wiil administer a household hazardous waste collec#ian pragram; and
WHEREAS, Fort Worth and Parkicipating Czry mutually desire to be subj�ct to the provisions af
Texas Government Code, Chapter 791, also known as the [nterlocal Gooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a pro�ision in this Agreement explicitly s�atas ath�rwise, the following terms and
�hrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act af God means an aet occasioned by th� direct, immediate, and exclusive operation
of the �orces of nature, uncontrolled or uninfluenced by the pawer o€ humans an� without
�uman intervention.
Bill of Ladina lists the contents of the mobife collecfion unit.
�nvironmantal Coll�ction Center (ECC} means the City of Fort Worth Department of
Enviranm�ntaf Management facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for #he aggregation of househald hazardo�s wastes
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that ha�� been brought to tf�e faciliiy by participating cities' households for s�bsequent
recycling, dispasal, andlor reuse.
Environmental damaass means al� claims, judgments, damages, foss�s, penaliies, fines,
liabifities (including strict liabi�ity}, encUmbranc�s, liens, casts, and expenses of
in�estigation and defense �# any c�aim, whefher or not such claim is ultimat�ly defeated,
and of any good faith settfement or judgment, of whate�er kind or nature, coniingent ar
otherwise, matured or unmatured, tareseeabie ar unforeseeable, inciuding witho�f
limitation reasonable attorney's f�es and disbursements arrd consultant's fees, any of
which are incurred subsequent fio th� �xecufion of this Agreement as a result of the
handl�ng, collection, transpartation, storage, disposa�, treafinent, reco�ery, andlor reuse
of waste pursuant to this Agreemenf, or fhe existence of a violation of environmental
requiremen#s per�aining to same, and including without limitatron:
(a) Damages for persor�aE injury and death, or in�ury to property or natural resources;
(b) Fees ir�curred for the services af attorneys, consultants, contractors, exper#s,
labnratories and all other cosfs incurred in cannaction with the in�estigatian or
remediation ot such wastes or violation of enviror�mental requirements including,
but not limited to, tl�e preparation of any feasibility s#udies or r�ports or the
pertormance of any cleanup, remediation, remo�al, response, abatement,
con#ainment, cfosure, restoratian or monitarmg work required by any federal,
state or Iocal governmenfal agency or palitica! subdivision, or otherwise
. expended in connection with the exist�nce of such wastes or violations of
en�ironmental requirements, and including without limitation any attQrney's fees,
costs and expenses incurred in enforcing this Agreement or callecting any sums
due hereunder; and
(c) Liability to any th�rd person or govarnmental agency to indemnify such p�rson or
agency for costs expended in conneciian with the items referenced in
subparagraph (b} herein.
Environmental reauirerrrents means all applicabl� presenf and future statutes,
regulations, rules, ordinances, codes, licenses, permits, arders, approvals, plans,
authorEzations, cancessions, franchises, ar�d similar items, of all go�ernmental agencies,
departments, commissions, baards, bureaus, or ir�strumer�#al�ties of the United States,
states, and political subdi�isions tY�ereof and all applicable �udiciaE, administrative, and
regulatory decrees, judgments, a�d orders relating to the pratectian of human health or
the en�ironment, including withou# limitatian:
(a) All requirements, incEuding but not Iimited to those pertaining ta r�po�ting,
licer�sing, permitting, investigatiar�, and remediation of �missions, discharges,
releas�s, or threatened releases of hazardous materials, polfutants,
contaminants, or hazardous or toxic substances, materials, ar wastes whether
salid, liquid, or gaseous in nature, into #he air, surFace water, groundwater, storm
water, or land, ar r�lating to the manufacture, processing, distribution, use,
treatm�nt, storage, disposal, transport, or handling af pollutants, contaminants, or
hazardous ar toxic s�bstanc�s, mat�rials, or wastes, whether soHd, liquid, ar
gaseous in nature; and
(b} Afl requirements �ertaining to the pratection of tne health and safety of
employees or the public.
Force maieure means decrees of or restrainfs by a governmental instrumentality, acts of
God, wark stoppages due to labor dis�utes or strikes, failure of �4rt Warth's
contractor(s) to pertorrn pursuant ta their agreements with Fort Warth for the conduct of
the c�flection of househofd hazardous waste, fires, explosians, epidemics, riots, war,
rebelGon, and sabotage.
Household hazardous waste (HHW) means any solid waste generated i� � household by
a consumer which, except for the exclusian providecf for in 40 CF'R § 261.4(b){1), wo�ld
�e classified as a hazardous waste und�r 40 CFR Part 261.
Manifest means the uniform hazardaus waste manifesf form(s) furnished by th� TNRCC
to accampany shipments of municipal hazardous waste or Cfass 1 industrial solid waste
�'or waste transport�d to a site in Texas, ar the comparab[e manifest af the reeeiving
state if the waste is transported out of Texas.
Mobile collectEan event means a household hazardous waste collecfion event by
Partici�ating City utilizing a mobile col�ection unit.
Fort Worth Mabile collection unit (MCUI means a non-self-prapelled vehicle used for th�
periodic coll�ction af household hazardous waste by Par�icipating City, off-site of the
ECC, which is transporied to the EGC to dispose of the househald �azardous waste
collected at ti�e mobiie collection event. The �'art Wor�h Mobile Collection llnit is
designed ta hald #he hazarclaus waste of approxima�ely 50 to 75 hauseholds.
Partici�atinq Cities, when used in the plural, means �ort Wor�h, Participating City, and all
other eniities which have sn#ered into interlocal agreemen#s wiih Fort Worth far the ECC
nausehald hazardous waste collection program.
Person mea�s an individual, corporation, organization, government, or goverr�menta[
subdivision ar agency, business trust, partnership, associat9on, ar any other legal entity.
Waste has the same meaning as "solid waste" as tt�at term is defined iR Texas Health
and Safety Code §361.003, and including hazardous substanc�s.
B, Unless a pravisio� in this Agreement explicitly states ofherwise, the fo[lowing
abbre�iations, as used in this Agreement, shall f�ave the meanings hereinafter
designat�d. .
CERCI.A - Camprehensive Environmental Response, Campensation, and Liability Act.
CPR - cardEopu[monary resuscitation.
DOT - United 5tates Department of Transportation.
ECC - Environmen#al Callection Center.
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EPA - United States Environmental Pratection Ager�cy.
HAZCAT - hazardaus categarizafion.
HAZWOPER - hazardous waste operatians and emergency response.
HM - hazardous materials.
HHW - household hazardous waste.
MCU - Mobile Colfection Unit.
2.
PURPOSE
The purpose of this interlacal agreemenf (hereaffier "Agreement") is tne provision of services by
For� Worth fo Participating City whereby, subject to the terms and conditions specified below,
F'ort Worth will administer and supervise a regional ha�sehold hazardous waste colleetion
program, which will }�e available to households wiihin F'arkicipating City.
3.
TERM
This Agreement shall �e effecti�e from the date the last party has signed this agreement
fhrough September 30, 2003.
4.
SERVICES OF F'ORT WORTH
Fort Worth agrees to perForm �he following services for Participating City in connection with the
ECC househoid hazardous waste coflection pragram:
�+. Fort Wort� will administer a regional household hazardous waste collection program.
This program wi11 inc[ude the operaiinn af the Environm�ntaf Callect9on Center, which
will accept for disposal andlor recycling household F�azardous waste from house�olds
focated within Parkicipa�ing City. Fort Worih snall not accept campressed flammable gas
containers; radioacti�e ma#erials; explosi�es ar pot�ntially shock sensitive materials;
biolagicaE, etiofogic, and infectious ma#eria[s; wastes from businesses; and any other
wastes that For� Warth has determined are unacceptable.
B. F'ort Worth will emplay or retain personne� to pro�i�e the services necessary to perform
Fort Worth's obligations in #his Agreemenf.
C. Fort Wo�th will enter into a contraet{s} with waste dispasallrecycling firm{s) for fhe
handling, collection, iranspartafion, storage, dispasal, treatment, reco�ery, an�lor reuse
of ho�sehold hazardous waste, which is ca[�ected at the ECC.
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D. Fort WortY� will, if requested ir� wrifing by Participating City, pro�ide Participating Ciiy with
copies of waste manifes#s�far shipments of waste from the �CC.
E. Fort Worih will, if requ�sted in writing by Participaiing City, prav�de Participating City a
monthly repart of the Participating City's hauseholds wha dis}�osed of i�ousef�old
hazardous waste at the Er�vironmental Collectian Cent�r or a Mobile Collection Event.
F. Fart Worii� wil[ issue a repor� and a biil at the end of each quarter detai[ing tne number of
, participating City's F�nuseholds that disposed af household hazardous waste at the
Environmental Collection Center or at a ma�ila colleciian e�ent.
G. Fo�t Worth will act under this Agreement in accordance with all aPplicabf� state and
federal [aws.
H. Non-Fort Wor�h Mobile Collectian Unit
1. Fort Wflrth agrees to accept ho�sehald hazardous waste from Participatir�g City"s
MCU in accordance wiih Sectian 5, of this agreernent.
2. For� Worth agrees ta restoek the items it removes from Participa�ing City's MCU,
h�we�er, For# Worth shall oniy restock items listed in Exhibit "A", attached and
incflrporafed herein as if se# far�h.
Mobile Collection Events —Usinq Fort Worth's Unit
1. If Par�icipating City would like ta schec�ufe a mobile collectiori event with
fhe Fort Worth Mobile Collection Unif, For# Worth will send Par�icipating
City a lis# af available dates. Participating City will contact Fork Worth as
soon as passible to schedule the date, time and lacation agreeable to
both parties.
(a} Lacation
If Participating City chooses ta hold the Mabi�e Colleciion Evenf on
private property, Par�icipating City shall obtain a signed wai�er
fram the owner of the property 1 week prior tc� tE�e e�ent. The
waiver shall be in the form of Exhibit B or s9milar form approved by
Fort Worth. The signed waiver must 6e sent to Fort Wor�h 1 week
bef�re the Mobile Callec#ion �vent. If the signed waiver is not sent
to �art Warth 1 week before the Mobile Collection E�ent, �'ort
Wor�h will not send the Fort Worth Mobile Collectifln Unit to the
event and Parkicipating Ciiy will, ir� no event, be entitled to any
damag�s of recovery of any costs, except as pro�irf�tl herein.
(b} A�ailable Dates
Participating City acknow[edges that Fort Worth contracts with
oiher municipalities and that F�rt Warth will be accamrrtocfating
each P�rficipatEng City's requesf on a first come first served I�asis.
Therefare, Participating City acknowledges t�at its chosen date to
schedule a mabile collection event may be reserved by another
City ar�d Participating City wili have ta choose another date.
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Participating City will, in no event, be entiiled to any damages ar
reco�Ery o# any casts, exce�t as pro�ided herein.
2. At the Mobile Coflection Event, P�rticipating City acknowledg�s and agrees that
Fort Worth shall accept household hazardous waste from the firsi 50 hauseho�ds
that shaw proaf of residency at the Mobile Callection Even#. After the frsf 5D
housei�olds, Fvr# Worfih will d�termine in its sole discretion n�w mucF� more
wasfe it can accept and store properCy. If more nouseho�ds arrive at the event
than Fart Worth can accept, Participating City will in no event bs entitled fia any
damage of recovery ofi any costs, except as provided herein.
3. Due to the lack af storage space at the ECC, Participatirtg City acknowledges
and agrees thaf ifi it requesfs the Fort Warth Mobife Coflection Unit at a mobile
collection event, a Par�icipating City's Non-�or� Warth Mabile Call�ctio� Unit shall
not also be at the e�ent.
4. City, in its sale discretior�, will determine wh�fher to send tMe Fart Worth Mobile
Collectiort Unit fo Participating City's Co�lection �vent during adverse weather ar
the threat af adverse weather including but not Gmited to sleet, snow, rain, mist or
hail. Ir� the event �or� Worth determines noi io send the For� Warth Mobile
Collection Unit, Fart Worth shall natify persflns listed in Section 5, Paragraph A
and shall send a Fart Worth employee to the Participating City's event to te[� any
residents tf�at come to dispose of F�ousehofd hazardous waste; 1) #haf the Fort
Wortf� Mabi[e Call�ctio� Unit wilf not be coming to the event, and, 2} that the
residenfi can ga to t�e ECC to dispose of the waste and provide a map to #h�
ECC.
5.
DUTfES OF PARTICIPATING C1TY
Participating City agrees to pe�farm the following duties in connection with the house�al�
F�azardaus waste collection program:
A. Participating City will designate ane of its employees, and another as an al#ernafe, to act
as its household hazardous waste callection coordinator to interact with Fort Wor�h.
Designated person is: �anny Johnson telephane �umber: 254-918-]..223
Pager n�mber or 24-hour number where he or she can be reached: 254-918-1273
Aiternate person is Bob 5elf _ telephone number: 25�4-918-1235
Pager number or 24-hour number where he ar sY�e can be reached: 254-918-1273
B. Participating City will coordinate and fund all program ad�ertising targeted to its awn
citizens, as it deems necessary. Such advertising shall include the type af wastes t�at
will be accept�d at the ECC, the requirement af proaf af residency and weather
cancella#ion information.
C. Participafing City shall notifiy its residents of the ECC hours of operaiion and dates it is
closed as pro�ided in S�ctian 9"The Enviranmental Co�fection Center Hours of
Operation."
D. Participafiing City may choose ta utilize a voucher system for its residents in orcler far
the�-n to bring HHW to the ECC. Ef Participating City chooses to use such a system, it
shafl �ot�fy Fort Warth of the decision, and shalE provide For� Worth with a capy ofi 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 �oucher, Partici}�ating
City acknowledges and agrees that Fort Warth will not accept tYte household hazardous
waste until Participating Ciiy authorizes the acceptance in writing.
E. Partic9pati�g City may submit a written request for a monthly report listing tf�e n�mber of
its city's households that have disposed of housel�ald hazardous wasfe a# tf�e ECG ar a
mobiie colaection even#.
�. Participating City sf�all provide traffic cor�#rol and signage for the mabile collection
events, and shall }�ro�ide personnel ta assist Fort Worth with the survey and screening
of persons drapping off hauseF�old hazardous waste. The pa�ies prior to the e�ent shall
agr�e upon the details of the traffic control, signa�e, and personne! assistance.
G. Particinatin4 Citv's Mobile Collection Units Collectinq Household Hazardous Waste,
Par�icipating City si�all advise the ECC program manager at least 72 hours in
advance ofi its mobile collectian e�ents. Participating City shalf caflect only HHW
during a mobile collection event. Wastes from commercial, agricultural, and
ind�striai sources shall r�at be aceepted. Participating City shall r�ot accept
campressed flammabie gas containers; radiaactive materia[s; explosives or
patentialfy shacic sensitive materials; biolog�cal, eiiologic, and infectious
mat�rials; and any other wastes that Fort Wor�h has determined are
unacceptabfe.
2. In accordar�ce wEth tt�e fat�st DOT requirements, Par�icipating City's MCLI
operators will properly categorize, pacicage, mark, label, and load into the MCU,
all wastes received at the mobile collecti�n event. Recyclable products (used oil,
used oil filters, �atex paint, recyclabie anti-freeze, lead-acid batteries, and
fluorescent Eights) will be segregated into coniainers for recyclables.
3. After accepting wastes, Participating City's MCU aperators shall thoroughly
check each container for proper labeling and identificatian. If a cantainer is
proper[y ide�tified, the material wifl ba segregated accarding to hazard class and
prepared for packaging. 1f a container do�s not have adequate labeling to permit
identi�ication, the MCU operators shal[ then attempt to identify the material from
its physical characteristics Using HAZCAT analysis and from information,provid�d
� by the household presenting the waste.
4. T�e Participating City's MCU operators shall package all hazardous materials in
aecordance with LJnited 5tates Department of Transportation (DOT}
requirements, United 5tates En�iranmental Protecfion Agency (EPA}
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requirem�nts, and afl other applicable federal and state requirements. Affer all
the wastes have beert properly identified and segregated, the MCU operatars wi[I
reexamine the wastes for compatib9lity, list them on the container content sheets,
and pack thern into drums. Oil-based paints and latex paints shall be bufked
se�arately in 5�-gallan drums, or if the paint is left in its container, the p�int can
be paciced in a lin�d cubic yard box, and pac�ced and labeled according to federal
and state regulatians. Participating City shall not transport waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispase of
any �on-HHW waste collected at the event,
5. Prior to transporting the HHW fram the collectian e��nt site(s), Participating City's
MCU operators shall complete a Bill of Lading, artd shall keep ti�e Bill of Lac�i�g
in the cab of the truck hauling the MCU during transportafion of the HHW to the
ECC. Participating City sha�l require that a minimum of one copy of the latest
Nor�h American Emerg�ncy Response Guideboak be kept within the cab af the
truck.
B. During transportation, Participaiing City's MCU aperators shall placard the MCU
for transportatian af hazardous waste in accordance w�th federal and state law,
7. Upan the return of the MCU to #he ECC, Participating City's MCU op�rators shafl
folfow the instructions af Fort Warth regarding the piac�mer�t of the MCU for
unloading. �ort Worth shall #ake possessian of the MCU from Participating City
after the MCU has been praperly �arked for unloading in accordance with For�
Wor�h's instructions and all required documents ha�e been delivered to the ECC
program manager or his designee at the ECG. Fort Worth sha11, uvithin a
reasanable amount of time, unload the HHW from tne non-Fart Worth MCU and
store t�e HHW at the EGC.
8. If Fort Wor�h, in its sole discretion, determines that Participating City's MCU
operators impraper[y packaged any of the HHW deli�ered to the ECC, Fort Worth
shall repackage such waste, and Participating City shall reimburse Fart Worth as
set forth in Secfion 'f 0,, Paragraph B.
9. If a spill occurs at tne ECC while the MC[J is stilE in Participating City's
possession, Fort Worth shall take contro� of the spill respons� ar�d Participating
City wifl reimburse �ort Warth for its respanse costs as set farth in Sectian 10.,
Paragraph C,
6.
US� OF WASTE DISP05ALIRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A, Fort Warth will �nter it�to a contract(s} with waste disposallrecycling firm(s} for the
handling, collection, transpo�tation, storage, disposai, freatme�t, recovery, and/or reuse
of household hazardous waste, which is colfected at the �CC.
B. Suci� firm(s) shall be required pursuant ta th� contract(s} to assume ge��rator status far
the waste cvllected, {excfuding used oil, lead-acid batter�es and antifreeze) to choose a
disposal sife fior the waste subject to Farfi Worth`s approval, and to indemnify Fart Worth
and participating cities against any and all environmental damages and the �iolatian of
any and all environr�enta� requirements resulting from the handling, cal�ection,
transpor�ation, storage, disposal, treatment, recovery, and/or recyciing of waste collected
�ursuant to this agreement, when said environmental damages or the violation of said
environmental requir�ments was the resulfi of any act or omission of contractar, its
officers, agents, emp[oyees, or subcontractors, or the joint act or omission of contractor,
its officers, agents, employees, or subconfractors and any otf�er persan or entity.
C. iki� P���'[�5 R�COCPII�Fc ib�.T AL�HOl1GH' i�� FIR�fl (S} Vi11LL �� ��QUIR��
�8 ASSU�fl� GI�Al�RA�O� �iAiUS, ib15 ASSU�Af��fOA� Wl�� iVOi R��I�V�
P.��2�lCI�/��ING CIiY Ol� LI�►B1LI�'ll �OR �H� WASi� UWD�R FEDE�AL L,�W
AiV� SYAi� LA1l�, Fort Worth will arrange for recycling vendors for used oil, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF C��.LECTED MATERIA�S
A. From tirne-ta time Fort Worth will make available to residents and businessas of Fort
Warth, as well as, Participatir�g City ar�d residents and businesses of Par#icipating City
for their use, caElected hausahold hazardous waste materials thafi are suitable for reuse,
suc� as paint, fertilizer, motor oil, and antifreeze. Fort Wo�F� shall not charge for any
materials tf�at are picked up for reuse.
B. Some materiais made available for reuse may have been cvnsolidated and filtered by
Fort Wo�th prior to being made a�aifab�e. Used antifreez� will ha�e been consalidated in
a barrei, #iltered, and pH balanced, and new antifreeze may have been added ta the
barrel.
C. In regards to materials accepted by Participating City, FORi �ORTH IUI.�K�S WO
REPR�S�Ni�iIOAIS,1�IdARRA[�iI�S O� �U/�RAf�TiES TkAi:
1. the container cantents are what the label indicates;
2. the container cflntents are those originally placed into tt�e container by tF��
manufacture�;
3. the product is of khe quality intended far its use;
�F. the cantents of the container have been stored prap�r[y;
5. the instructions an the co�tainer la�el for use, storage, and first aid ar� current or
correct;
6. the coniair�er is in unimpaired candition; �
7. the product is still approved 'for �se (i.e., it has not been banned ar recalled); and
8. the product can be �tsed without risk fo persons, praperly or the environment.
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�U���"O��IYI���r ti��.. ��ii���4�iY���7� �X��a�� M�i� �lYl��.���� /�f[�
S��CI�'iCA�,�,Y D�NI�D.
D. Participating City shafl contact the ECC program mana�er to arrange a pickup time to
abtain materials. Participating City a�rees that it snall not return to Fort Warth, directly or
indirecf[y, any materials it obtains from Fort Wo�th under this paragraph�
E. IiV �GA►R�S i0 �iATER1�►LS ACC��i�� �Y PARiIC�P�►i11dG CI`f Y,
��eFtTICiP,�TING CI�Y �O�S [��R��Y l�1�►11/E ALL CL�I�fiS, INC�U�INC
F��oDUCfS bl,�►�I�liY CLAl14AS, ANI] ���GAS��, AfV� bALDS b�►RIV9LI�SS iH�
CIYY' �� FORi WO�YH, AAl� ALl� OF IiS OFr ICI�.LS, O��'tG�RS, �IV���4Y��S,
�4G�I�TS, �#R1D VO�UiV i���S, IIV �OiH �'Fl�l� �U��IC AN� �RI!lATI�
CAP�►ClTI�S, ��iOflfl �+fdY AND �►�!� �1A�l�lYl(, C�AINYS, SUITS, ���R�N�S,
�XP�NS�S �F LIiIC�A�I�N, �R CAUS�S �I� ACTiON 1dVMICF� Ilfl�►Y �►RIS� �Y
�Ed�SON �� fNJURY i� PERSORl�, �OSS O� PROPFRiY, DAIVIAG� �O
�R���RiY, �R LOSS O� US� O� p►A!Y PROPERTY ,�CCASION�� �Y iH�
i�A1dSPORTA�18i�, STOR�►GE, He�1N��1NC, US�, A►P!D DISf�OS�►L �Y
�A�ti1CIPAiIWC CliY O� ANY NiAY�RIALS ACCE��'�� BY �ARiICIF�,�YINC C�iY
UNDER 7H[S �►CR��fVf�f�i hRONV �OI�'�!+lIOR�'H.
F. !n regards to materials accepted by residents ar businesses of Participafing Cities,
FORT l�I�ORiF� flII�K�S NO 1��PR�SEPlT�►iIOMS, W�4RR�oN�I�S AR CUARANi1�5
YH� f :
1, the container contents are what the label indicates;
2, the co�fainer co�fents are those originally placed into t�e container by tF�e
manufacturer;
3. the product is of tne quality intended for its use;
4. the contents of the container have been stored properly;
5. the instruciians on the container label for use, storage, and first aid are current ar
correct;
6. the container is in unimpaired condifion;
7. the product is still approved far use (i.e., i� has not been bann�d or recalled); and
8. the praduct can be used without risK to persons, property or the environment.
�'UI�iH�RiV�OR�, ALL 1MA�RRr4iV�l�.S, �XP�ESS �NQ Ilh���l��, �►RI�
S�CC[�[CA��.Y ��AIl�D,
G. Participafing City shall attempt to infarm its residents and businesses that if they go to
#he �n�iranmental Callection Center to pick up household hazardous waste for reuse, a
release af liability must be signed to accept th� F�ousehold hazardaus waste for re�se.
10
8.
RIGHT TO REFUSE WASTE
Participating City agrees that �ort Worth shall f�a�e the right to refuse to accepfi waste at the
ECC from Par�icipating City's r�sident and to eject s�ch indi�idual from the premises o� the
ECC, if in the reasanable judgment of Fart Worth:
A. The waste is not hausehold hazardaus waste;
B. The waste fails to meet other established criteria established by this Agreement, ar that
have been established by Fort Worth subsequent to #he execution of ihe Agreament;
C. The indi�idual does not ha�e sufficient identification to es�ablish that helshe is in fact a
resident of Pa�kicipating City;
D. Participating City has implemented a voucher system for its residents ta dispose of
waste, an� the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECG ar ta persons or property at
the ECC.
9.
ENVIRONMENTAL C�LLECTiON CENTER HOURS AND DAYS
O� OPERATION
A. Hours of Operatian
During the term of the agreement, ti�e �CC`s hours of operation are as fo[lows:
Thursday and Friday 11 :0� a.m. -7:OD p.m.
Saturday 9:00 a.m. -3:00 p.m.
B. Days the Environmeniaf Collection Center will be closed
During the ferm af the agreement, the ECC will be closed on the faltowing days:
Thanksgiving Holiday, November 28 -29, 2042
Christmas Holiday, December 25, 2002
.�ar�uary 1, 2003 through January 08, 200�, for cleanu� and repairs
M.L.K. Day January 20, 2003
Memorial Day, May 26, 2003
Independence Day, July 4, 20�3
Labor Day, September 1, 2003
C. Notifying Residents
Par�icipating City agrees to notify its residents of the ECC's hours of operatian and dates it will
be closed. f'articipating City may advertise the 24-hour En�iranmenta[ Col�ection Center
11 , :. i nil�
)�.��3
,. �
. ,
�
- ��
telephone number to give its residents the Environmental Collection Center's haurs. The
number is: (817) 871-5257.
10.
COMPENSATION
As fair campensatian far the services provid�d by Fort Warth pursuar�t to this agreement:
A. Participating City agrees to pay Fart Worth the sum of $�O.QU per house�old per �isit to
the ECC or per housel�old for participation in a Mo�ile Collection Ever�t to dispose ofi
household hazardous wasfe.
B. If Fort Worfh determines that F'articipating City's MCU operafors improperly packaged
any of the HHW delivered ta the ECC, Fort Wor�h shafl repackage such waste, and
Par#icipating City shall reimburse Fort Worth for it stafF time at $20.00 an hour and the
cost Qf suppfies.
C. If a spifl occurs at the ECC while tt�e Non- Fort Worth MCU is still in Participating City's
possession, Fort Worth sF�afl take con#rof af the spill response and Participating City vyill
reimburse Fart Wortn for its response costs ot $60.00 per hour staff time and the cost of
suppfies. .
D. The amount due to Fart War#h for services pro�ided under this Secfion, Paragraphs A,
B, and C, shall be bilfed to Participati�g City quar�erly. Participating City shall pay For�
Worth within 30 days of recei�ing a bill from Fort Worth. If Fort Worth does not receive
payment wit�in 30 days, Fort Warth shal[ inform Partic9pating City in writing that it will not
aceept any household hazardous waste from Parficipating City's residents and that F'ort
Worth wil� r�ot participate in a mobile collection event or provide a mo�ile collection unit
un#il paid.
E, At the end of the term of this Agreement, Fort Worth shall pravid� a final accounting to
Participating City, which will include the total number of Par�icipating City's househafds
which participated in the program, repacEcaging fees, if any, a�d the #otal cos# of spifl
res�onse charged to Participating City, if any.
F. P�rsuant to fhe requirements af Government Code §791.�11 (a)(3), the amount due to
Fort Wa�kh u�der Subparagraph �. above shall be paid fram revenues currenily
available to Participating City in the present fiscal year.
12
11.
AR'TVVORK, "CAPTAIN CRU� AND THE CRUDDIES," AND PROMOT[ONAL MATERIALS
LICENSE AGREEMENT
Fart Worth is the owner of "Captain Crud" and the Cruddies ("'�loomer," "Otfo," "I�es3rie,
"Scrub," and `"Van Goo"} "Conquer Your Crud," and "Cr�d Cruiser"', and there�ore afl
ownership rights be[ong to Fort Worth. For# Worth has register�d ihese marks as service mar�s
with the Secretary of Stafe.
A. Fo�t Worth hereby grartts ta Participating City a no�-transferable, non-exclusive licens�
to use all #t�e arfwork and promotional materials ihat may be provided by Fart Worth fo
be used sol�ly in the conduct of the business of Participating City's dis}aosa! and
recycling nf household hazardous waste programs. If Participating City wisF�es to use to
Licensed Art andlor PromatiQnal Materials in ath�r limited situations, Participating City
must first nbtain express writt�n consent from �ort Worth.
B. For� Worth may provide licensed Artwork and Pr�mational Materials ta Participaiing City
�ursUant to the terms of this Agreement. Participating City acknowledges that by vir�ue
of this License, Participafing City acquires only the right to use the original and permitted
duplica#e copies of the Licensed Ariwark and Promntional Mat�rials and does not
acquire any rights of owr�ership in t[�e Licensed ArtworK and Promatianal Materials,
which rights shall remain exclusi�efy wifh Fort Warth. If Partici�atEng City wants to modify
ar change ihe artwork andlor promotional materiais 9n any manner, Participa#ing City
hereby agrees to cantact Fo� Worth in writing to obtain written consent before modifying
or changing any artwork andlar promotiona[ materials.
C. If Participafing City desires an actor to portray "Captain CTud" for an e�er�t, Participati�g
City shal! use actors approved by Fort Wor�h to portray "Captain Grud" since "Captain
Crud" is owned by F'or� Worth. Participating CEty shall he solely responsibEe f�r
campensating act�r �or the services provided to Participating Ciiy. Par�icipating City will
contact �ort WariE� as soon as pQssible with the date and time of it�e event agreeable t�
both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Cr�d" cosfume for its events. Fort Worth wil[ provide tY�e "Captain Crud"
costume. However, Pa�ticipating City agrees to be IiabEe tv Fort Worth for any damage to
#he cosf�me ar if Participating City fails fo return the entire costume to Fort Wor�h or if
tl�e costume is not returned in the same condition as recei�ed. -
92.
IMMUNITY
It is expr�ssly undersfood and agreed that, in the execut9on af this Agreement, nane af the
�articipating cities waives, nar shall be hereby deemed to waive, any immunity flr defense that
would otherwise be availabl� ta it againsi claims arising in the exercise of governmental powers
and functions, and that the services described in this Agreemant ar� a governmentaE function.
13
iY
13.
FDRCE MAJEURE
A delay or failure of Fort Warth to perform services purs�ani to this Agreement shall be excused
to tF�e �xtent that the delay or failure to p�rfarm resulted from a farce majeure event, and fh�
delay or failure was beyond the co�trol of Far� Worth and not due to its fault ar neg[igence.
Participafing City shall not ha�e, and h�reby waives, any claim whatever for any damages
resulfing from delays or failur� to perform caused by a farce majeure �vent.
14.
TERMINATION
Th� parties shall each ha�e the right ta terminate the Agreement for any reason, with or without
cause, upan thirty {3a) days written natice to the o�her par�y, Upon termination, the �arties s�all
be released fram all contractual obligations ta fhe other party excluding "USE �F WASTE
DISPOSALIRECYGLING FIRMS FOR HOIJSEHOLD HAZARDOUS 1NA5TE" (Paragraph 6}
"REUSE OF COLLECTED MATERIALS" (PaTagraph 7} and "ARTWORK, "CAPTAIN CRUD
AND THE CRllDDIES," AND PROMOTIONAL MATERIALS LECENSE AGREEMENT'
(Paragraph 11 }.
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as fal[ows:
If to F�r� Worth:
Brian Boerner, CHMM, Direc#or
Depa�tment of Environmental Management
Ci#y of Fort Worth
1000 Throckmorton
�ort Warth, Texas 76102
If to Particiqatinq Citv:
Danny R. Jahnson
Director o� Utili��
298 West �7ashin�t�on �
Stephenville, TX 76401
16.
ENTIRETY
This Agreement confains all commitments and Agreements of the parties hereto, artd no other
oral or w�itten c�mmitmer�ts shall have any force ar effect if not contained herein, except that
this Agreement can be amended or modified by th� parties if such amendment or modification is
in writing and signed by Participafing City and Fort Worth.
14
17.
SEVERABIL.ITY
]n the event anyone or more af the pro�9sions contained in this Agr�ement shall for any reason
be held tfl be invalid, iElegal, or unenfarceabl� in any respect, such in�alidity, i[legaiity, or
un�nforceability shall not affect any other provision therevf and this Agreement shall be
construed as if such invalid, illegal, ar unenforceable prov�sions had ne�er been contained
herein.
18.
V�NUE
Should any actian, real or asser�ed, �t law or in equity, arise out o� th� terms and conditions of
this Agreement, �enue for said action shali be in Tarranfi County, Texas.
19.
AIJTHORITY
This Agreement is made for Fvrt Worth and Participating City as an Interfocal Agreement,
pursuanf to Texas Government Cade, Chapter 79�.
20.
AUTHORIZATIQN
The undersigned afficers and/or agents of the parties hereto are properly authorized officials
and have the necessary authority #o exec�te this Agreeme�tt on behalf of the parties hereto, and
each par�y hereby certifies to the ather thai any �ecessary resoiutions extending such authority
have been duly passed and are now in full force and effect.
15 , �
, �
� �
EXECUTE� IN TRIPI.ICAT�
CITY OF FORT WORTH
By: �
__;-����;
L.ila��ilVatsan
Assistant City M�na�er
Date: - - - � -
APPROVED AS TO FORM
AND I�EGALITY;
r;�,�� � �. �o,
Assistant i�Attarney �
Y
ATT�FST:
��p�� /y))/�{/-1. ►�, �/y (� � . �
/'� ' i �/ �. � ` �
4�r
GYoria Pear
City Secre�ary
C!- � 1 ����
Contract authorizatian
d �1 _. � � --C�o�
oate
CITX OF S'�EPHENV�LLE
:
0
Prir�te
Titl�: �
Date;
ile: Joh�n Moser
ir Mayor
09/03/02
APPROVED AS TO FORM
AND LEGALITY;
��� �
A�t� City Attorney
ATTEST,
P f -
\/
�i � ��
City Secr ,
16
^��id� �� _ �
�
Exhibit "A"
R����CKINC� �ISi FOR `�H� ����L� CO����YI�N �IN1�
flRaierial �►maunfi Fiesiac�ed Special Weeds Remarks
5� ga[lon apen top Amount ta�Cen off the
drums {open top for trailer
loose packs)
55 gailon drums Amaunt iaken off the
(closed top) (oil, traiEer
antifr�eze, bulk '
fl�mmable materials
and one extra)
Fiber drums (55 or 30
gal�on) Aerosols, Amnunt taken ofF the
acids, bas�s and trai[er
oxidizers)
Gaylord box liners
(pEastic) Amount taken off the
trailer
55 ga[lon drum Iiners
Amount tak�n ofF the
trailer
5 gallon buckets
(fifters/haz chemicals) Amount taken off the
trailer
5urvey Forms
Amount taken nff the
trailer
Labelsld�urn placar�
Amount taken off the
trailer
Gaylord �oxes
Amount taker► off the
trailer
Absorbent pads
Amount taker� off the
trailer
Vermiculite
Amount taken off the
trailer
Oil dry
Amount faken off the
trailer
Promotianal Materials
& Broc�ures Amo�nt needed
17
Exhibit "B"
WAIVER AND RELEASE O� LIABILITY FOR C�LLECTIDN OF HOUS�HOLD
HAZARDOUS WASTE
I being the owner of property locat�d at
have been asked by the City of ta al�ow a mob9le colle�ti�n
event an my proper�y to collect haus�hold hazardaus wast£ on the , 2001.
fn cflnsideration o# . I hereby give my permission to the Ciiy of
to hald a hflusehold hazardous waste collection ev�nf a� my
property in which the City of has asked fhe City af Fort Worth
ta send its mobile collection unit to collect the household hazardous waste that is brought t� the
event.
Therefore, in consideratior� of , I hereby RE�EASE,
❑15CHARGE, HO�D HARMLESS, INDEMN[FY the Cify of Fort Worth or its officers, agents,
and employees and the City of and its officers, agents,
ancflar employees for any and al[ c�aims, demands, liability, causes of actian, actions or suits af
any characte� that I may have against the Ci�y of �ort Worth or its officers, agents, andlor
employees and the City af or its afficers, agents, and/or
employees for any proper�y lass ar damage, for any and all personal injury including death or
any other damage of any kind ar character which may arises or that arises from allowing th�
City af ta hold a househald hazardous waste colfectian event, in
which the City of F'ort Worth sends its mabile col[ection �nii on my proper#y.
I ha�� read this Wai�er and Release an� fulEq understand its terms and. conditions. I have not
been inf[uenced ir� any ex#en� whatsoever by any representa#ion or statements no� cantained in
this Agr�ement. I hereby acknowledge that this Waiver and Rel�ase is gi�en in consideratian of
Signature Date
Witr�ess
18
City af Fo�t Worth, Tex�cs
Mayor an� Councif Communic��io�
DAT� RE�EREiVC� �IUMBER LOG NAME PAG�
91241�2 **�-� 92�$ 52COLLECT `
S[JBJECT 1NTERLOCAL AGREEM NTS WITH VAR10U5 MUNICIPALITIES
PARTICIPATION AT THE ENVIRONMENTAL CO�LECTI�N CENTER
RECOMMEN�ATION,:
1 of 2
FOR
i
lt is recommended that the City Cauncil authorize the City Manager to execute i�ierCocal agre�ments
with_various municipalitieslentifies far participation at the Environmental Cflllection Center,
DlSC�SSION:
The City's Environmental Cal[�ction Cen#er is now in its sixth year of a�eration co�Eecting hauseho[d
hazar.dous waste _fram tf�e citizens ofi �ort Worth an� surrounding communities on a year round basis.
In ord�r' far r�on-�ort Worth c€tizer�s ta participat� at the Environmentaf Col�ectian Center, each
municipality is required ta enter inta an int�rlocal agreement with the C�ty of Fart Warth.
The rate per househo�d far the period co�ered b.y these agreem�nts (4ctober 1, 20Q2 through
September 30, 2003) is $5Q.fl�. The decrease in the rate is due ta receipt af a grant from the North
Central Texas Cauncil af Governments that wikl pro�ide $150,000 far disposal costs during FY20Q2-
2003. It is anticipated that .approximately $4�fl,OD4 will be collected under #hesE agreements. ❑uring
FY2a0�-2002 twenty-six area cammunities signed participation agreements with #f�e City of Fort Warth.
For tn� upcoming year we expect afl of those cammuniiies_ to participate and have had interes#
expressed by six a#hers. �
T�is agreement outlines th� responsibilities of each party, estabfishEs #k�e rate for participatian, ar�d
delineates the .usage af service marked, pub�ic educatian ma#erial. The City of �ort Worth is
respor�sible for averall operatior� of: the Environmental Collectian Center including contracting with a.
hazardous waste dispasal company far transparta#ian and disposal of materiafs callected. T�e
following entities have expressed an interest (*) ar are expected ta commit to participation for the period
Octaber 'i, 2��2 t�rough Septem�er 30T 2003; -
Arlington
Beribrook
Clebu�ne �
Euless .
Halt�m City
Kennedale*
Narth Richla�d Hills
Roanolce*
S#ephenville
Upper Trir�ity R�gional Water District
Wh�te Settlement�`
Azle
Burleson
CoHeyviiie
Grand Prairie
Hurst
Mansfield
Richfand Hills
Saginaw
Trophy Clu�*
Venus
Wiklow Park*
Bedford
Cedar Hill
Everm�n''
Grapevine
Keller
Newark
Ri�er Oaks
Southlake
Un-incar�arated Tarrant Counfy
Watauga