HomeMy WebLinkAboutContract 28133;��
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INTERLOCAL AGREEMENT FOR PARTiCfPAT10N IN F�RT WORTH'S
ENV[RONMENTAL COE.L�CTION CENTER
HOUSEHOLD HAZARDOUS WASTE PR�GRAM
THIS AGREEMENT is entered into by and between the City of Fort Warth, Texas, a hame-rule
municipal corparation situated in Tarrant and Denton Cnunties, Texas, hereinafter called "�ort
Warth," acting herein by and through Libby Watson, its duly aut�rizwc� Assistani City Manager,
and ��,� ��F-����-� �a..fC� a municipality situated in ���f i,��1� , Texas,
hereinafte called "Participating City," acting herein by and through �a.c.rL �. Rd krsoW its duly
autharized (Ytc�.��_ .
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of irt�erlacal
c�operatian agreements between and among [oca� governmertts; and
WHEREAS, Texas Go�ernment Code, §791.011 provides that a loca! government may contract
v�►ith another to �erForm go�ernmental functions and services, and §79'f.003(3)(H) deiines waste
dis�osal as a gavernmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local gavernment may agree
with an�th�r focaf governmenf to purchase services; and
WHEREAS, Fort Wa�th and Pariicipating City desire to enter info an interfocal agreement
wher�by �ort Worth will purcl�ase the services af a waste disposaflrecycl9ng firm or firms and
will administer a household hazardous waste collection pragram; and
WHEREAS, Fori Worth and Participating Gity mutuapy desire to be subject ta the pravisi4ns of
Texas Government Cacie, Chapt�r 791, also known as the fnterlocal Coaperation Acf.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unfess a pro�ision in thi� Agreemenf expficitly states othe�nris�, the following terms and
phrases, as used in this Agreement, shafl f�a�e the meanings hereinafter designafed.
Act af God means an act occasioned by the direct, immediate, and exclusi�e operation
of the forces of nature, uncontro�led or uninfluenced by the power of humans ancf without
human intervention.
Bill of Ladinq lists the' contents of the mobile collection unit.
E�vironmentaf G�Ilection Center (ECC) means th� City of Fart Worth Department nf
En�ironmen#al Management facility locat�d at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fart Worth for the aggregatior� af household hazardous wastes
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that ha�e beer� brought to the facility 6y participating cities' households for subsec�uent
recycling, disposal, and/or reuse.
�n�ironmental damaQes means all claims, judgments, damages, losses, penafties, fines,
liabilities (including strict IiabiEity), encum�rances, liens, costs, and exp�nses of
investigation and defense of any claim, whether or not suc�t claim is uftimately defea#ed,
and of any good �aith settlemeni or judgment, of whate�er Kind or nature, contingent or
otherwise, matured ar unmatured, foreseeabfe or unforeseeable, inc[uding without
limiiation reasonable attarney's fees and disbursements and consu[tant's f�es, any of
which are incurred s��sequent to the execution of this Agreerr�Ent as a result of the
handling, call�ction, transpor�ation, starage, disposal, treatmen#, reca�ery, and/or reuse
a# waste pursuant to this Agreement, or the existence of a �iolation of en�ironr�ental
requirements �ertaEning to same, and including without limitation:
(a) Damages for personal inj�ary and death, or injury ta property ar natural reso�rces;
{b) Fees incurred far tf�e services of attarneys, cor�suftants, cantractors, experts,
laboratories and all ather costs incurred in connection with the in�estigation or
remediafion of s�ch wastes ar �iofation of �nvironmenfal requirements including,
but not limited to, the preparation of any feasibility studies or reparts ar the
perfarrrtance of any cleanup, r�mediation, remaval, response, abatement,
containment, closure, restoration or manitoring work required by any federal,
siate or local governmenta[ agency or political subdivision, or otherwise
expended in connection with tf�e existence ofi such wastes or violations of
environmental requirements, and including without limitation any attorney's fees,
co�ts and expenses incurred in enforcing ihis Agreement or collecting any sums
due hereunder; and
(c) Liability to any third person or governm�ntal agency to indemnify sucf� person or
ager�cy for casts expended in connection with the items referenced in
s�bparagraph {b) herein.
Environmenta! reauirements means aE! appficabfe present and future statutes,
reguEations, rules, ordinances, codes, I[c�nses, permits, orders, approva[s, plans,
authorizations, concessians, franchises, and similar items, of all governmental agencies,
departments, commissians, boards, bureaus, or �nsfirumentafities af the United States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatary decrees, judgments, and orders relating to the protection of human hea[th or
the �n�ironment, including withaut limitation:
(a) All requiremenfs, including but not limited ta #hose pertaining to reporting,
licensing, pe�mitting, investigation, and remec�iation of Emissions, discharg�s,
refeases, or tf�reatened releases of hazardo�s materials, pollutants,
contaminants, or hazardous or taxic su�stances, materials, or wastes whe#her
solid, �iquid, or gaseous in nature, in�o the air, surface water, groundwater, storm
water, or land, or relating ta the manufact�re, pracessing, distri�utivn, use,
treatment, storage, disposaly ff�l'1SE]0�, or �andling of pollutants, contaminar�fs, or
hazardous or taxic substances, materiafs, or wastes, w�ether sa{id, liquid, or
gaseo�as in nature; and
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(b) A11 requirements p�rtaining to the protection of the health and saf�ty of
empfoyees or fhe public.
Force maieure means decrees of ar restraints by a governmental instrumentality, acts of
God, work sfoppages due to labar disputes or strikes, failure af Fort Wor#h's
contractor{s} ta perform pursuant fo their agreements with �'ort Worth for the conduci �f
the collectian of household hazardous waste, fires, explosions, epidemics, riots, war,
rebeflion, and sabatage.
Household hazardous waste (HHW] means any solid waste generat�d ir� a household by
a consumer v►rhich, except for the exclusion pro�ided f�r in 40 CFR � 261.4(bj(� ), would
be classified as a hazardous waste under 4� CFR Part 261.
Manifest means the uniform hazardous waste manifest form{s) furnished by the TNRCC
to accompany shipments of municipaf hazardous wasfe or Class � industrial soiid wast�
for waste transported to a site in Texas, or the comparable manifest of the rec�iving
s#ate if the wasfe is transported out of Texas.
Mobile collecfian event means a household hazardous waste callection event by
Participating City utilizing a mobi[e collsction unit.
Fort Worth Mobile callectian unit (MCU� means a non-seEf-propelled �ehicle used for the
periodic collection of household hazardous waste by Participating Ciiy, off-site of the
ECC, which is transported to the ECC to dispose of the household hazardous waste
collected at the mobile collectian ��ent. The �ort Worth Mabile Collection Unii is
designed to hold the hazardous waste of approximately 50 t� 75 households.
Particioatina Cities, when us�d in fhe plural, means Fort Worth, Participating City, and al1
other entities whici� ha�e entered inta interlocal agreements with �'ort Worth fior the ECC
hausehafd hazard�us waste collectian program.
F'erson means an individual, corporation, organizaiion, government, �r goverr�mental
sUbcfi�ision or agency, business trust, partnership, associatian, or any other legal entity.
Waste has the same meanir�g as "so�id waste" as that term is defined in Texas Health
and Safety Code §36� .003, and irtcluding hazardous substances,
B. Unless a pravision in ff�is Agreement exp�icitly states otherwise, the foliowing
abbreviations, as used in this Agreement, shall have the meanings hereinafter
designated.
CERCLA - Comprehensive Environmental Response, Compensatian, and l.iability Act.
CPR - cardiopulmanary resuscitation.
D�T - United States Department o# Transportation.
�CC - Environmental Gollectian Center.
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EPA - United States Environmental Protect3on Agency.
HAZCAT - hazardaus cat�gorization.
HAZWOP�R - E�azardous waste operations and emergency response.
HM - hazardo�s materials.
HHW - i�ousehold hazardous waste.
MCU - Mobile Colleetion Unit.
2.
PURPOSE '
The purpase of this interlacal agreemen# (hereafter "Agreement") is the provision of services by
Fart Worth to Participating City whereby, subject to tne terms and conditions specifEed below,
Fort Worth will admin9ster and supervise a regional housei�ald hazardous waste enllection
program, which will be a�ailable to hauseholds within Participating City.
3.
TERM
Tnis Agreement sha�l be effective from the date the last party has signed this agresment
thraugh September 30, 20Q3.
4.
SERVICES OF �ORT WORTH
Fort Worth agrees to p�rtorm the followin� sen�ices for Participating Cify in connection with the
ECC household hazardous waste colfection program:
A. �ort Worth wil[ administer a regional hous�hald hazardous waste coflection program.
This program will include the operation of ti�e Environmental Collection Center, which
w�l! accept for disposa[ andlor recycling househafd hazardous waste from households
located within Participating City. Fort Worth shall nat acce�t campressed flammable gas
containers; radioactive materials; explasives or potentiaUy shack sensiti�e materia[s;
bialagicaf, etiolagic, and infec#ious materials; wastes from businesses; and any other
wastes that For� Worth has determined �re unacceptable.
B. Fort Worth wilf empl�y or retain personnel to provide the serviees necessary to perfQrm
Fort Worth`s obligations in this Agreement.
G. Fort Worth will enter into a contract(s) with wast� disposaVrecycling firm(s) far the
handling, coEfection, transportation, storage, disposal, treatm�nt, reco�ery, andlor reus�
of househald hazardous waste, which is collected at the ECC.
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D. Fort Worth will, if requested in writing by Partic9pating Ciiy, pro�ide Participat[ng City with
co�ies of waste manifests for shipments of waste from t1�e ECC.
E. �ort 1North will, if requested in writir�g by Participating City, pro�id� Participating City a
mortthly repor� of the Participating Giiy's households wha disposed of househa{d
hazardaus waste at the Environmenfal Collec#ion Center or a Mobile Collecfion Event.
F. Fort Worth wiU issue a report and a bill at fhe end of each quar�er detailing the num�er of
Participating City's households that disposed of household hazardous waste at the
Ertvironmental Ca[lection Center ar at a mobile collection event.
G. Fort Worth wifl act unc�er this Agreement in accordance wifh all appficabie state and
federal laws.
H. Non-Fort Worth Mobile Colfection Unit
1, Fort Wor�h agrees ta accept househa[d hazardous waste from Participating City's
MCU in accordance with Section 5, of this agreement.
2. �ort Warth agrees to restac�C ihe items it remo�es from Participating City's MCU,
horru�ever, Fort Wort� shall only restock items listed in Exhibit "A", attached and
ineorporated herein as if set fo�ih.
1. Mnbiie Callection Events —Usinq Fort Warth"s Unit
If Participating City would IiKe to schedule a mobile coll�ction event wifh
the For� Worth Mobile Colleefion Unit, Fort Worth will send Participating
City a list of available dates. Par�icipating City wiEl contact Fort Warth as
soon as passible to schedule the date, time and location agreea�le to
both parties.
(a) Location
If Participating City chooses #o hold the Mobife Collection Evant an
pri�at� property, Participating City . shall abtain a signed waiver
fram the own�r of ihe �roperty 1 week prior t� the event. The
waiver shall be in the form of Exhibit B or similar farm approved by
Fort Worth. The signed wai�er must be senf to Fart Wor�h 1 week
before the Mabi[e Collectifln Event. Ef the signed waiver is not sent
to Fort Wortl� 1 week before #he Mobile Collectian Event, Fort
Workh will not send the Fart Worth Mabile Co[lectian Unif to the
e��ni and Pariicipating City will, in no event, be entitled to a�y
damages of recovery o� any cosis, except as provided her�in.
{b) Available Dates
Participating City acknowledges that Fort Worth cantracts with
other municipalities and that For� Worth will be accommodating
each Participatir�� City's request on a first come first served basis.
Therefore, Par#icipatir►g City ackr�owledges that its cnosen date tv
schedule a mobi[e collection e�ent may be reserved by another
City and Participating City will have to choos� another date.
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Participating City will, in no event, be entitled to any damages or
recovery of any casfs, except as provided h�rein.
2. At the Mobile Collectian Event, Participating City acknowledges and agrees that
Fort Warth shail accept househa[d hazardous waste from the first 50 househa[ds
that show proof of residency at the Mobile Co[lec#ion Event. After the �First 50
Y�o�seholds, Fori War�h will determine in its sole discretian how much mo�e
waste it can accept and store properly. If more househalds arrive at th� event
than Fort Worth can accept, Participating City wiil in no event he entitled fo any
damage of recovery of any costs, except as provided herein.
3, Due to the iack of storage space at the ECC, Participating City acknowledges
and agrees that if it requests t1�e fior� Worth Mobif� Collection Unit at a mabile
ca[fection event, a Par�icipating City's Nan-Fort Worth Mobil� Coifectian Unit shall
nc�t also be at the e�ent.
4. City, in its sale discretion, will determine whether to send the Fort Worth Mobile
Col[ection Unif to Participating City's Collectian Event during adverse weat�er ar
the threat of ad�erse weather including but not limitad to sleef, snaw, rain, mist or
hail. In the e�ent Fort Worth determines not to send the Fort Worth Mobile
Callection Unit, Fori Warth sha�l notify persons listed in Section 5, Paragraph A
and sF�all send a Fort Wortf� employee to the Participating Ciiy's event to tell any
resi�ents that come #o dispose of household hazardous waste; 1) #hat the �ort
Worth Mobile Collaction Unit wil[ nat be coming to the event, and, 2) that the
resident can go ta the ECC to dispose of the waste and provide a map ta the
ECC.
5.
Dl1TIES �F PARTICIPATING CITY
PariicipatEng Ci#y agrees to perFarm the follawing duties in connection with the haus�ho[d
hazardous waste collection program:
A. Participating City wilf designate one of its employ�es, and anather as an alternate, ta act
as its household ha�ardaus was�� col[ectian coordinatar to interact with Fart Warth.
Designated person is:�, _� telephone number: �����-�''�Y-�1'
Pager number or 24-hour number where he or she can be reached: �����— r��� �,�
Alfernate person is �r�l.e.in,«� �� #elephone number: ,�`�—(�c3�� � �
Pager number or 24-hour number where h� or she can be reached; �-- bo��S �-�?..�'
B. Participating City will coordinate and fund all program advertising targeted ta its own
ciffzens, as it deems necessary. Such advertising shall include the type af wasfes that
will be accepted at the ECC, the requirement of proof of residency and weafh�r
cancellafion informafion.
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C. Parficipating City shall nofify its residents of the ECC hours of operation and dates it is
closed as provided in Section 9"The Environmental Collecfian Cenier Hours af
Operation."'
D. Participating Ciiy may choose to u#ilize a voucF�er system for iis tesid�nts in order for
them to bring HHW to the ECC. If Participating City chooses fo use suc� a�ystem, it
shall nntify Fort Worth of the decision, and shall provide Fort Warth with a capy of the
official voucher. In additia�, if a citizen from a Participating City that uti[izes a voucher
sysfem comes to the ECC or a mobile collection ev�nt without a �oucher, Participafi�g
City acicnowiedges and agre�s that Fart Workh will nflt accept the household hazardous
waste until �'articipating City authorizes the acceptance in writing.
E. Participating City may submi� a written request for a monthfy report listing the numla�r of
i#s city's households that have disposed of household hazardous waste st the ECG or a
mabile collection e�ent.
F. Participating Cify shall pro�ide traffic control and signa�e #ar th� mobile collectian
events, and shai[ provide personnel to assist �ort Warth with the survey and� scre�ning
of persons dropping off household hazardous waste. The parties prior to the event shall
agree upon the de#ails of the traffic contral, signage, and personne] assistance.
G. Participatina Citv's Mobife Collection Units Callectina Household Hazardous Waste
1. Participating City shall advise the ECC program manager at �east 72 hours in
advance af its mobile eoqection events. Participaiing C�iy shal] calfect or�ly HHW
during a mobile collection event. Wastes fram commercial, agric�ltural, and
inrlustrial so�rces shall not be accepted. Participating City shall nofi accept
compr�ssec� flammab[e gas containers; radioactive materials; �XpI05iVL5 ar
patentiall� st�ack sensifive mat�rials; biologica[, eiiologic, and infectious
materials; and any other wastes that Fori Worth has determined are
unacceptaE�le.
2. In accordance witn the latest DOT requir�ments, Pa�ticipating City's MCU
operafors will properly categorize, package, mark, label, and load into the MCU,
all was#es received at the mobile ca[lectian e�ent. Recyclable praducts (used oi[,
used oil fifters, [atex pain#, recyclable anti-freeze, lead-acid batteries, and
fluarescent fights) will be segregated into containers for recyclabfes.
3. After accepting wastes, Participating City's MCU operators shalf thoroughfy
check �ach container for proper labeling and idenfification. lf a confainer is
proper[y iden#ified, the material will be segregated according to hazard c[ass and
prepared for packagin�. Ef a contai�er does not have adequate labeling to perrnit
identification, the MCU aperators shall then attempt ta identify the materEaf from
its physicaf charac#eristics using HAZCAT analysis and from information provided
by the household presenting the waste.
�. The Participating City's MCU aperators shall package all hazardous maierials in
accordance with United States Department of Transportation (DOT)
req�tirements, United States En�ir�nmental Pro#ec#io� Agency (EPA)
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req�irements, and all other applicable federal and state requirements. After all
th� wastes have been properly identified and segregated, the MCU operafors will
reexamine the wastes far cor�patibility, list them on the cantainer content sheets,
and pack them into drums. Oil-based paints and latex paints shall be bulked
separately in 5�-gallon drums, �r if the paint is lefit in its container, the paini can
be packed in a lined cubic yar� box, and paciced and labeled according to federal
and sfiate regulatior�s. Participating City shall not transport waste that is not HHW
to t�e ECC. Participating City agrees to make its own arrartgements to dispose of
any nan-HHW waste col[ected at the e�ent.
5. Prior to transporting the HHW from the coflection event site(s), Participating City's
MCU operatars shall complete a Bifi of Lading, and shall keep the Bill of Lading
in tne cab af the truck hauling the MCU during transportation of tF�e HHW to the
ECC. Partieipating Ciiy shall require that a minimum of one copy of the latest
North American �mergency Response Guidebook be kept within the cab of fhe
truck.
6. During transpnrtation, Participating Cify's MCU aperators shal[ �lacard t�e MCU
for transportation of Ftazardaus waste in accordance with f�deraf and state law.
7. �pon fhe return of the MCU to the ECC, Participating City's MCU operatars shall
foElow the instructions of Fort Wor#h regarding the placement of the MCU for
unioading. Fort Worth shall #ake passession of #he MCU from Participating City
after fhe MCU has been pro�erly parked for unlaading in accardance with Fort
Worih's instructions and all required doeuments ha�e been deli�ered to the ECC
program manager or his designee at fhe ECC. Fort Worth shall, within a
reasanable amount af time, unload the HHW from fhe r�an-Fort Worth MCU and
store t�e HHW at the ECC.
8. If Fort Worth, in its sole discretion, determines tf�at Partieipating Giiy's MCU
operators improperly packaged any of the HHW delivered to the ECC, For# Worth
shall repackage such waste, and Participaiing City shall reimburse Fart Worth as
set farth in Section 10., Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participating C�ty`s
possession, Fort Worth shal! take control of the spill respor�se and Partici�ating
City will reimburse �ort lr'Vorth for its respanse costs as set forth in Section 10.,
F'aragraph C.
6.
USE OF WASTE DISPOSALlRECYCLING F1RMS FOR H�USEHOLD HAZARDOUS WASTE
A. Fort Warth will enter into a contract(s} with waste disposal/recycling firm(s) for the
handling, collection, transportat�an, s�orage, dispasal, treatment, recovery, andlar reuse
of household hazardous waste, which is callected at the ECC.
B. Such firm(s) shall be required pursuant ta the contract(s) to assume ge[�erator status fnr
the waste collected, {�xclud'mg 'used oil, lead-acid batteries and antifreeze) to choose a
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dispasal site for ihe waste subject tn �ort Warth's approval, and to indemnify F'ort Wortl�
and participafing cities against any and all enviranmen#al damages and the violation of
any and all en��ranmental requirements resulting from the handling, collection,
transportation, storage, disposal, freatment, recflvery, andlor recycling of waste collected
pursuant to this agre�ment, when said environmental damages or the vialafion of said
environmental requirements was khe resuli of any act ar omission af cantractar, its
officers, agents, employees, or subcantractors, or the joinfi act or omission o� confractor,
its officers, agents, emplayees, or subco�tractars and any other person or entity.
C. �iki� PARiI�S RE.COG[VI�� iHAi AL7Fi0UCb ibF Fl�ll� (S} WI��, �� R�QUI���
i0 A►SSUi�� C�N�F�A'C�R S fA�US, i�ilS ASSUIVI�TIOW !�RlILL R]O� ���I�V�
F�A�YICf�AiI�ICs CITY O� �1�4�ILITY �OR ib� �+V�+SY� UfV��R ���ERAL �AW
AN� STAiI� LAW. For# Worth will arrange for recycling �endors far used oil, baiteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUS� O� CDLLECTED MATER�ALS
A. From time-to-time Fort Worth wil� make a�ai�able to residents and businesses ofi ForE
Worih, as w�ll as, Participating City and resicients and businesses of Par�icipating City
for thair use, collected household hazardous waste materials that are suitable for reuse,
s�tch as paint, fer�ilizer, motor oii, and antifreeze. Fart War�f� shall not charge for any
materials that are picked up for reuse.
B. Some materials made available for reus� rnay ha�e been cansolidated and fiitered by
Fort Warth priar to being made a�ailable. Used antifreeze will have been cansalidated in
a barrel, �lt�re�, and pH balanced, and new antifreeze may have been added to the
barrel_
C. In regards to materials accepted by Participating City, �'ORi �iIORTH iwAK�S NO
R��R�S�NTAi�ONS,1dV�RRAfdiIES OR CUARAhIY1�S ibAi:
the container conte�ts are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended far its use;
�4. the canients of the container have been stored properly;
5. the instructions on the container la�el for use, storage, and first aid are current or
correct;
6. the cantainer is in unimpaired condition;
7. the product is still ap�roved for use (i.�., it has nat been banned or recal[ed); and
8, the product can be used witi�out risk fo persons, property or the environment.
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�U��H�RMORE, A��. FIVARR�►1dTI�S, �XPR�SS �4N� 111�PLIED, �►��
S��CI�IC�►LLY Q€N1�9.
D. Participating City shall contact the ECC program manager to arrange a pickup time to
obtain materials. Participating City agrees t�at it shall not r�turn to Fort Worth, direc#ly or
indirect[y, any materials it obtains from �ort Wor�h under this paragraph.
E. IN ��CARDS YO i1flAi�Ftl�►LS ACC'�PiED BY P.ARiICIp��INC C1TY,
PARiICI��►iINC CITY �0�5 b�RE�Y iIVAIV� �4LL CL�►fIVfS, ii�CLlJD1NC
P�tO�U�iS LIA�ILI�Y CLAIMS, �1N� R����.SES, AF�� HOLDS H��tIVI��SS �'HF
��'i"Y Q� �OR� 1dV'ORTb, AN� ��� OF IT'S O��fCfALS, O��1C�RS, �iVYPLOY��S,
AGEf�iS, AN� 1lOLUiV i��RS, IP! �0��1 T�IEf� �UB�lC AN� PI�IVAi�
CAPACIiI�S, }�ROIV� ,4PlY �NC1 A�� LIA�ILI fY, CL�AIMS, SU��S, ��flAANDS,
�XP�AlSES O� �IiICAiIOIV, OR CAUS�S �� ACi�OiV 11VFIlCb �AY A�IS� �Y
RE�►SON OF INJURY i0 �ERSONS, LOSS O� PR�P�RiY, DAfVY�►C� i0
PRO��RiY, OR �OSS Ol� US� OF AAlY �ROP�RiY , OCCASIONE� �Y �'Fi�
TR�►�lSRORTdT10iV, S'Y�RAG�, HAf1lDLlf!lC�, US�, Af�D �IS�OS�oI� �Y
�ARiICIP�fING CITY O� AF�Y MATFRlAl.,S A►CC��T�� BY �ARTIC[P�TIhlG CI`i°Y
lJN��R iH15 AC���lV��NT FROM �ORi WORTH.
F. In regards to mat�rials accepted by residents or businesses of PartEcipafing Cities,
FORT lNORi�I IV��►K�S Ni0 I��PR�S�N�AiIONS, lN�R��►NiIES OR GU,�RAfVTII�S
�HAi:
2,
3.
4.
5.
6.
7.
tl�e container contents are what the label indicates;
the container co�tents are tnose originally placed inta fhe container by the
manufacturer;
the product is af the quality irtter�ded far its use;
the cant�nts of the conta9ner ha�e been stored praperly;
the instructions on the cantainer fabel far use, storage, and first aid are current ar
carrect;
the cantainer is in unimpaired condition;
the product is stiU appraved far use (i.e., it has not been banned or recalled); and
8. the product can �e used witho�t risfc to persons, property or the environment.
�URiH�RMOR�, ALL WARRANiIES, �X�Ft�SS AN� IMPLI��, AR1�
S��Cl�[C�I..�Y ��NIED.
G. Participating City shall at�empt to inform its residents and b�sinesses that if ti�ey go #o
the Enviranmental Collection Cen#er to pick up househald hazardous waste for reuse, a
release af liability must be sign�d ta accept the household hazardous was#e for reuse,
10
8.
RIGHT TO REF[JSE WASTE
Participating City agrees that Fort Worth shall ha�e ihe right ta refuse to accept waste at the
ECC from Participating Cify's resicfent and to eject such indir�id�al from the premises of kha
ECC, if in th� reasonable 3udgmeni of Fort Warth;
A. The waste is not househo�d hazardous waste;
B. The waste fails to meet ather estab[ished criteria estabtished by ttiis Agreement, or that
have been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual do�s not have sufficient identification to establish that helshe is in fact a
resident of Participating City;
D. Participating Ciiy has implemented a voucher system for its residenis to dis�ose of
waste, ar�d the indi�idual does not �a�e a valid voucl�er; or
E, The waste Qr the individual presenfs a hazard ta fhe ECC or to persons or praperty at
the ECC.
9.
ENVIR4NMENTAL COLLECTION CENTER HOURS AND DAYS
QF OPERATION
A. Hours of Operatian
During the term a# the agreement, the ECC's haurs of operaiian are as fallows:
Thursday and Friday 1'� :OD a.m. -7:00 p.m.
Saturday 9:�Q a.m. -3:00 �.rn.
B. Days the En��ronmental Co�lection Ce�ter w�ll be clased
D�aring th� term af the agreement, the ECC will be closed on the following days:
Thanksgiving Holiday, November 28 -29, 2�02
Christmas Ho�iday, Decem�er 25, 20Q2
January 1, 2003 �hrough January O8, 2003, for cl�anup and repairs
M.L.K. Day Jan�ary 20, 2003
Memorial Day, May 26, 2003
lndependence Day, July 4, 2003
Labor Day, September 1, 2003
C. Na#ifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will
be c�osed. Participating City may ad�ertise the 24-hour �nviranmental Collection Center
11 ;i`l�ii�i''�I�(n` � ��
�,� �._ �
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�, _ ,, . ,
telephone number to give its residents the Environmental Collection Center's hours. The
number is: (817) 8�1-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worfh pursuant ta this agreement:
A. Participatin� City agrees to pay �ort Warth the sum o�F $�0.04 per househald p�r visit to
#he ECC n�- per household for pariicipatian in a Mobiie Collectior� Event to cJispase of
househald hazardaus waste.
B. lf Fort Wa�th determines that Participating City's MCU operafors improperly paekaged
any of the HHW delivered to the ECC, Fort Worth sha11 repackage s�ch waste� and
Participating City shall reimburse Forf Worth for it staff time at $20.00 an hour and the
cost af supplies.
C. If a spill occurs at the ECC while the Non- �ort Warth MCU is still in Participafing City's
possession, Fort Worth shall take control ofi fhe spill respanse and Participafiing City will
reimburs� Fart Worfh for its response casfs of $60,Op per F�our staff fim� and the cost of
supplies.
❑. The amount due to Fort Workh tor services provided under tY�is Sectin�t, Paragraphs A,
B, and C, shall be biNed to Participating City q�ar�erly, Par�icipating City shall pay Fart
Warth within 30 days af receiving a bill from �ort Worth. If Fort Worth does not rec�ive
payment within 3a days, Fvrt Worth shall infarm Partici�ating City in writing that it will nat
accept any househald hazar�ous waste from Participating City'� residents and that Fort
Worih will nat participate in a mobiie collection e�ent o� provide a mabi[e collecfion unit
until paid.
E. At the end of the term of tf�is Agreement, Fort Warth shail provide a finaC accounting to
Par�icipating Cify, which will include the total number of Pariicipatin� Cify's households
which part�cipated in fhe program, repackaging fees, if any, and fh� tata� cos# of spill
respanse charg�d to Participating City, if any.
F. Pursuant to the requirements of Go�ernmen# Code §7'8�.011 (a)(3), tF�e amount due to
Fork Worth under Subparagraph D. abave shal! be paid from re�enues currer�fiy
available to Participating City in the presen# �scal y.ear.
'i 2
11.
ARTUVORK, "CAPTAIN CRUD AND THE CRU�DIES," AN� PROMOTIONAL MATERIALS
LICENSE AGREEMENT �
Fart Worth is the owner of "Gapfiain Crud" and the Cruddies ("�loamer,"" "O�in," "Pestie,
"Scrub," anti "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore afl
ownership rights be�ong #o F'ori Wo�th. Fart Worth has registered these marks as service marks
with the 5ecretary of Staie.
A. For� Worth hereby grants to Participating City a non-transferable, nan-exclusive license
ta use al! the artwork and promotional mafierials ff�at may be provided by Fort Worth �o
be used so[eEy in ti�e canduct of the business of Participating City's clisposal and
reeycEing nf househald F�azardous waste programs. If Participating City wishes to use ta
Licensed Art andlor Pramo#ianal Materials in other limited situations, Participating City
must first ob#ain express written consent from Fort Worth.
B, Fart Worth may provide licensed Arlwork and Promational Materials to Participating City
pursuant to t�e terms of this Agreement. Participa#ing City acknawledges that by virkue
of this License, Participating City acquires only �he right to use the original and permitted
duplicate copies of the Licensed Artwark and Promotional Materials and does not
acquire any rights of ownership in the L9cens�d Ariwork and PromotEona) Materials,
which rights shall remain exclusivefy wiih Fart Worth. 1f Parficipating City wants to madify
or ci�ange th� artwork andlar promational materials in any manner, Participating City
hereby� agrees to contact Fort WorEh in wfitir�g to obtain written consent befare modifying
or changing any artwork andlor pr�mfltional materials.
C. If Pariicipating City desires an actar to portray "Captain Crud" for an e�ent, Participating
City shall use actors approved by Far� Worih ta portray "Captain Crud" sir�ce "Captain
Crud° is owned by Fort Wor�h. Participating City s�al! be solely responsibl� for
compEnsatir�g actor for th� services pra�ided to Pa�ticipating Cify. Par�ici�ating City will
contact Fort Worth as saan as possible with the date and tEme of the event agreeable to
�oth parties to obtain approval for fhe chasen actor ar�d to request and pic[cup the
"Captain Crud" castume �or its e�ents. For� Wor�h will provide the "Captain Crud"
costume. Howe�er, Participating City agrees to be liable to Fart Worth far any damage to
the costume or if Participating City fails ta return the entire costume to Fart Worth ar if
the costume is not returned ir� the sam� condition as rece�ved.
12.
IMMUNITY
It is express�y understoad and agreed that, in the executian af this Agreement, none of the
participating cifies waives, nor sha[I be hereby deemed ta waive, any immunity or defense that
would otherwise be a�ailable ta it against claims arising in the exercise o� governmental powers
and f�nctians, and that the services describ�d in this Agreement are a go�ernmental function.
13 �
�
13.
FORCE MAJEURE
A delay or failure of Fart Worth ta perFdrm services pursuant ta this Agreement shali be excused
ta the extent that the delay or fail�re to perform r�sulted from a fiorce majeure e�ent, and the
delay or failure was beyond the control of Fort Worth and nof due to its fault o� negligence.
Par#icipating City shal! not ha�e, and hereby waives, any claim whatever for any damages
resulting �ram delays or failure to perform caused by a force majeure e�ent.
14.
T�RMINATION
The parkies shall each have fhe right to terminate fhe Agreement for any reasan, witn or without
cause, upon thirky (30) days written natice to tFte other party. Upon terminatio�, the parties shall
b� refeased �rom al[ contractual obligaiions to th� ot�er par�y excluding "USE OF WASTE
D[SPOSALIRECYCLING FIRMS ��R H�USEHOLD HAZAR�OUS WASTE" (Paragraph fi)
"REUSE O� C�LLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDD[ES," AND PR�M�TIONAL MATERIALS LICENSE AGRE�MENT'
{Paragraph 11 },
15.
NOTICE
Any notices required t� be given under this Agreement shall be delivered as follows:
If to Fori Warth:
Brian Boerner, CHMM, Director
Department of En�iranmental Management
City af Fort Worth
1000 Throckmorton
Fort Wor�h, Texas 76102
1f to Par�icipatint� Citv:
��'Yl�k� � �� � �, ..� . �'�, ���
G` i�.i��,c� lQ. �
� 9� �.�.A�� -,,� ._ .
�-- e.��. :�;��� � � i � �L
1B.
ENTIRETY
This Agreement contains all commitments and Agreements of tE�e parties hereta, and na ather
oral ar written commitmen#s shall have any force or �ffect if not contained herein, except tF�at
tY�is Agreement can b� amended or modified by the parties if such amendment or madificatian is
in writing and signed by Participating City and F'ort War�h.
14
�7.
SEVERABILITY
ln the event anyone or more of the pro�isions canta�ned in this Agreement shal[ for any reason
be held to be invalid, illegaf, or unenforceab[e in any respect, such invaiidity, illegality, or
unenforceability shall not affect any other pravision thereof and this Agreement shall be
canstrued as if such in�alid, illegal, or unanfa�ceable prca�isior�s had never been contained
herein.
18.
VENUE
Should any action, real ar asseried, af faw ar in equity, arise out of the terms and conditions of
this Agreement, venue for said action sha�l be in Tarrant County, Texas.
'� 9.
AUTHORITY
This Agreement is made for For� WortY� and Participating City as an Interlocal Agreement,
pursuant ta Texas Gavernment Code, Chapfer 791.
20.
AUTHORIZATI�N
The undersigned offcers and/or a�ents of the par�ies hereta are properly authorized of�icials
and have the necessary authority to execute this Agreement on behalf of the par�ies herefo, and
each party hereby c�rtifies to the other tFtat any necessary resolutions extending such authority
have 6een duly passed and are now in full force and effect.
� i.
�5
�
EXEC�TED IN TRIPLICATE
CITY �F FORT WORTH
By: �
� '� � '_
�/�-� _ ;y..
Libby Wa#son v�
Assistant City M,an�g�r
�ate:
,
APPROVED AS TD FORM
AND LEGALITY:
l_� �r� �� ���
Assistant City Attomey
A ST:
�� �_ �
'�! 7 � � ! r u�w�� .,
loria Pear n
City Secr ary
� —�_. � �� U
Contract authorization
`� I��TI��
Date
��Alfl`i'�1 ��N`�1�J
� � .
By:
��� r
� � � , ��--
Printed n m��%-�c� C. A-bKrso►�I
itle: May r ,
ate: 2{� � , �DC�,
�
APPROVED AS TO FORM
ANf� ALITY:
�/�
/ �j -
/�ssisiant Ci�y /�ttarney
ATT�ST:
I��� ��
City Secretary
16
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{� i
Exhibit "A"
t���iOCKIf�� LISi FO� �H� MO�IL� C������101� UNI�
�Aaierial Amo�nf �esfiocked Special I���ds � i�emarks ;
55 gallon open top Amaunt tak�n off the
drums �open #op for trailer
loose packs} .
55 ga�lon drums Amount faker� o#f the
(ciosed top) {oil, trailer
antifreeze, bulk
flammable materials
and one extra) .
Fiber drums {�5 or 30
gallon) Aerosols, Amount taken aff the
acids, bases and trailer
axidizers)
Gay�ord box liners
{�lastic) Amount taken off tl�e
trailer
55 ga{Ion drum [iners
Amount taken off the
traifer
5 gallon buckets
(filterslhaz chemicals) Amount taken off fhe
trailer
Survey Forms
Amount taken off the
trafler
Labelsldrum placard .
Amount tal�en off #he
trailer �
Gay[ord �oxes
Amouni taken off the
frailer
Absor�ent pads
Amount tak�n off the
trailer
Vermiculite
Amount taken of� the
trail�r
�if dry
Amount taken off the
trailer
Promotianal Materials
& Brochures Amaunt needed
�7
Exhibit "B"
WAIVER AND RELEASE �F LIABILITY FOR COLl.ECTiON OF HOUSEHOLD
HAZAROOUS WASTE
I being fhe owner of properky located at
have besn asfced �y #he Ci#y of _ to allflw a mobil� co[le�fion
event on my prop�rty to collect househofd hazard�us waste an the , 2401.
In cansideration of , I hereby gi�e my permission to the City of
to hold a h�usehold hazardous waste col�ecfion event on my
property in which the Cify of has asked the City of Fort Warth
to send its mobile c�llection unit ta collect the household f�azardous waste thaf is brought to the
event.
The�-efore, in consideration of , I h�reby RELEASEo
DISCHARG�, H�LD HARM�.ESS, IND�MNIFY fhe City of Fort Warth or ifs officers, agents,
and employees and #he City of and its officers, agents,
andlor amployees for any and alE claims, demands, liabili#y, causes of actian, actions ar suits of
any character that I may ha�e against the Cfty of Fort Worih or its officers, agents, and/ar
ernplayees and the City of or its officers, agents, andlor
employees for any property loss or damage, for any and all personal injury inc[uding death or
any other damage of any kind or character which may arises ar t�a# arises fram allowing the
City of to h�ld a household hazardous was�e collection event, in
whieh the City of Fort W�rfh sends its mabile coilection unit on my praperty.
I have read this Waiver and Refease and fully understand its terms and canditions. I ha�e not
baen influenced in any extent whatsoe�er by any representat�on or statements not cor�fiained in
this �lgreernent. I hereby acknowledge that this Waiver and Release is given in consideration of
Signature Date
Witness
18
- C'ity o,f `�''o�t �o�th, Tex�rs
Mayar and Counci[ Communica�ti�r�
QATE REF�R�NC� NUM6ER I L�G NAME S�C�LLECT ,�AG� 'I Of 2
9I24102 �`�"C-"I92��
SUBJECT INTERLOCAL AGREEMENTS WITH VARI�US MIJNICIPAL�TlES FOR
PARTICkPATION AT THE ENVIRONMENTAL COL�ECTION CENTER �
RE�OMMENDATEON:
It is recommended �hat the City Ca�ncil. authorize ti�e City Manager ta execut� interiocai agreements
witn.various municipalities/entities far participatior� at the Environmental CoHection Center.
Dl5CU5SION:
�The City's En�ironmental Collection Center is now in its sixth year of operation coliectin� hauseE�old
hazardous waste from ihe citizens of Fort Worth ar�d surrounding cammunit�es on a year raund basis.
In order� for nan-�art Worth citizens to pa�icipate ai th� Environmental Collection �enter, each
, m�n�cipality is required to ent�r into an interlocal agreement with the City af Fort Worth.
The rate per hause�old far the period covered by these agresments (Ocfober 1, 2�02 through
September 30, 2003) is $50.00. The decr�ase iri the rate is due to receipt ofi a grant from the North
Gentral Texas Council of Go�ernments ihat wiU pro�ide $150,000 far disposal costs during FY2002-
200�. lt is ant9cipated tF�at -approximately $�420,040 wiil be callected under ihese agreements. During
�'Y2a01-2�Q2 iwenty-six area cammunities signed participaiian agreements with the City of Fort WortF�.
Far the upcoming year we expect all af those communiiies. to participate and have had interest
expressed by six athers. �
This agreemen# outlines the responsibiiities ofi each party, establishes the �rate for p�rkicipat�on, and
deEineates the usage af ser�ic� marlced, public ed�cation material. The City af Fort Vllarth is
responsible for averaEl operation of. tne Enviror�men#a! Collection Center including cantracting with a
hazardous waste CJf5jJDS�I company for transporta#ian and disposal of mat+�rials cal[ected. The
following entities ha�e expressed an ir�terest �*) or are expected ta commit to participation fiar the perio�
Octaber 1, 2�D2 through 5eptember 30, 2�03:
Arlingtan
B�n�rook
Cleburne �
Euless .
Haltam Ci#y
Ken�edale*
North Rich[and HiHs
Roanoke�'
Step�envilEe
Upper TrEnity Regional Water District
White Seitlement�'
Azle
BurEeson
Colleyville
Grand Prairie
Hurst
Mansfield
Richianci Hills
Saginaw
Tro�hy Club*
Venus
Wil�aw Park�
Bed#ord
Cedar Hill
Everman*
Grapevine
Keller
Newark �
�River Oa1�s
Southlake
lJn-incar�orated Tarran# Cocanty
Watauga
City of Fo�t YYop�h, Texas
M�yor and Gounci4 Con�rr�unsc�t�on
DATE REFER�NCE NUMBER LOG NAME PAGE
912�102 --- - **�_�j 9��$ .�- 52COLLECT I 2 of 2
su�aEc�' r�l`I tKl�pC;,qL� AGRE�MENTS UVITH VARI4US MUNICIPALIT]ES FOR �.
PARTlC1PATION AT THE ENVIRONMENTAL COLLECTlON CENTFR
�lSCAL lNFORMAT10N10ERTIFICAiION: ' I
The Finance Director certifies that the Environmental Management Departm�nt will be resp�nsibie for
the coliectibn of funds �ue under. these agreements.
L1N:n
Subznitted fnr City Manager's
Clifice by:
�uivn � ACCOUNT f CENTER � . an7orrzv�
(t�)
� R1Q3 I 48822(1 0521100
6183 { � "
1 �
� �
SU79 � (from)
CTTY 5ECRExARY
Libby Watson
Origansting Dapartment Head:
Brian Boer�aer
Additianal Tnform�tian Contaet;
Brian Boerner
�
$0�9 1
APPROVED 9/24102
0