HomeMy WebLinkAboutContract 28135CITY ���R�T��'�`° `, .
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fNTERLOCAL AGREEMENT FOR PARTICIPATION 1N FORT W�RTH'S
ENVIRONM�NTAL COLLECTION C�NTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fart Worth, Texas, a home-rule
municipal corporatian situated in Tarrant and Dentan Count9es, Texas, hereinafter ca!!ed "'�ort
Worth," acting herein by and through Lib�y Watson, its duly authorized Assistant City Manager,
and citv of Watauea a municipality situated in �r , Texas,
hereinafter called "Participafiing City," acting herein by anc! through Henry ,� ._:re�'fr� edts duly
autharized Mavor .
WITNESSETH
WHEREAS, Texas Government Cade, Chapfer 79�, aut�nrizes the farmulation of interiocal
coap�ration agreements between and among local governm�nts; and
WHEREAS, Texas Government Code, §791.01 � pro�ides that a iaca! gavernment may contract
with anathe� to perform gavernmental functions and ser�ices, and §791.043{3)(H} defines waste
disposai as a gavernmenfal function and service; and
V1IHEREAS, Texas Go�ernment Code, §791.025 provides tt�af a local government may agree
with another focal go�ernment to purchase s�rvices; and
WHEREAS, F'ort Worth ar�d Participating City desire to enter into an interlocal agreement
whereby �ort Wo�th will purchase the servic�s of a waste d€spasallrecycling firm or firms ar�d
will administer a household hazardous waste collectian program; and
WHEREAS, Fart Workh and Par�icipating Ciiy mutually de�ire to be sub�ect ta the provisi�ns of
Texas Gavernment Code, Chapter 791, alsa known as the Interlocaf Coopera#ian Act.
NOW THEREFORE, it is agreed as follows:
1.
DE�fNITiONS
A. L1nless a provlsion in this Agreement explicitly states otherwise, the following terms and
pF�rases, as used in this Agreemenf, shall have the meanings hereinaffer designated.
Act of Gad means an act occasioned by the direct, immediate, and exc[usi�e operation
af the forces of nature, uncontrolled or unfnffuenced by the power of humans and witha�t
E�uman inter�ention.
Bilf of Ladina lists the contents ofi the mobile coAection unit.
Environmental Coflection Center (ECCI means the City af Fort Worth Department of
Environmental Management facility located at 644D Bridge Street, Fflrt Worth, Texas,
whic� is to be used by Fori Worth far fhe aggregation of househo�d hazardous wastes
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thafi have been brought to the facility by participating c9ties' households fnr subsequent
recycling, disposal, andlor reuse.
Environmental damac�es means a�l claims, judgments, damages, losses, �enalties, fines,
Eiabilities (including strict liabilify), encumbrances, lier�s, costs, and �xpenses of
inv�stigation and defense of any claim, whether or not such claim is ultimateEy defeated,
and o# any good faith settlement or judgmenf, af whate�er kind or nature, caniingent or
otherwis�, mat�red ar unmatured, foreseeable or unforese�able, incl�ading without
[imitation reasanable attarney's fees ar�d disbursements and consultant�S f�ES, any of
which are incurred subseq�aent to the execution of this Agreement as a resu[t of the
handling, collection, transparta�ion; storage, disposal, treatment, recovery, andlor reuse
of waste pursuant fo this Agreement, ar the existence of a violafion of envir�nmenta[
requirements pertaining #o same, and including without limitativn:
(a) Damages fnr personal injury and death, or injury to proper�y or natural resources;
(b) Fees incurred for the services af attorneys, consultants, confractors, experts,
laborataries and all other costs incurred in cannection wi#h the it�vestigatio�t or
rem�diatian of such wastes or violatiort of enviranmental re�uirements including,
but nat [imited to, tF�e preparatian of any feasibifi#y studies or re�ar�s or the
performance of any cleanup, remediation, removal, respans�, abatement,
containment, clasure, restoration ar monitoring work required by any federal,
state or local govert�mental agency or palitieal su�divisian, or otherwise
expended in connection with the existence of such wastes or violations of
en�ironmental r�quirements, and including wit�out limitation any attorney's fees,
costs and �xpenses incurred in enforcing this Agreement or collecting any sums
due hereunder; and
{c} Liability to any third person or gouernmental a�ency to indemnify such person or
agency for costs expended in cannection with ihe items referenced in
subparagraph (b} herein.
En�iror�mental requirements means all applicable present and future statutes,
regulations, ru�es, ordinances, codes, licenses, permits, orders, approvals, pEans,
a�thorizations, concessions, franchises, and similar items, of all governmental agencies,
departrr�ents, commissions, boards, b�reaus, or instrumentalities of the United States,
states, and political subdivisions thereof and a[I applicab[e �udicial, administrative, and
regulatory decrees, judgments, and orders relating ta the pratection of human health or
the en�ironment, including witF�aut limitation:
{a) All requirements, inclt�ding but not limited to thase pertaining to reporting,
Eicensing, permitting, investigatian, and rernediat�on of emissions, discharg�s,
rel�ases, or threat�ned releases af hazardous materials, poil�atants,
c�ntaminants, or hazardous ar toxic substances, mate�ials, ar wastes whether
salid, liquid, ar gaseous in nature, inta the air, surface water, groundwafer, storm
water, or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, dispo�al, transport, or handfing of pollutants, contaminants, or
hazardous or taxic s�bstances, materials, or wastes, whetl�er snlid, liquid, or
gas�ous in nature; and
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(b) All r�quirements pertaining to the protection of the health and safet� of
employees or the public.
Force mai�ure means decrees of or restraints by a governmental instrumentality, acts of
Gad, wark stoppages due to labor disputes or strikes, failure flf For� Worth's
contractor(s) to perform pursuant to iheir agreements with �'ort Worth for the cond�act of
the collect9an of household hazardous waste, fires, explosions, epidemics, riots�, war,
rebei[ion, and sabafage.
Hausehoid hazardous waste fHHW� means any solEd wasie generated i� a househald by
a consumer wF�ich, except for #�te exclusion pro�ided for in 44 CFR § 261.4(b){1), woufd
�e classified as a hazardous waste under 40 C�R Part 261.
Manifest means the unifarm hazardous was�e manifest form{s} furnished by the TNRCC
to accompany shipments af municipal hazardous waste or Class � ir�dustrial solid waste
�or waste transported ta a site in Texas, or th� comparable mani�est of the receiving
sfate if the waste is transported out of Texas.
Mobile collection event means a household hazardous waste collection e�enf by
Participating City utilizing a mo�ile collectian unit.
Fort Worth Mobile collection unit (MCU) means a non-s�lf-propelled vehicle used for the
periodic collectio� of household hazardous waste by Pa�ticipaiing City, off-site of the
ECC, which is transported to #he ECC to dispose of the household F�azardous waste
collecied at fhe mobile col[ec#ion e�ent. The Fort Warth Mo�iie Collection Llnit is
designed ta �old the hazardous wasfe of approximately 50 ta 75 F�ousehofds.
Participatinq Cities, when used in the plural, means Fort Wor�h, Participating City, and all
other entities which have entered into interlocai agreemer�ts with Fort Wartt� fvr the ECC
househald hazardous wasfe collection program.
Person means an indi�idUal, corporation, organfzation, government, or gavernmental
subdivision or agency, busi�ess trust, partnership, association, or any other legal e�tity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health
and Safety Cade �361.043, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states oti�erwise, the folfowing
abbreviations, as used in this Agreement, shall have the meanings i�e�einafter
clesigrtated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - cardiopuEmonary resuscitation.
�OT - United States Department of Transportafian.
ECC - Environmental Collection Center.
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EPA - United Stat�s Environmental Protection Agency.
HAZCAT - hazardaus categorization.
HAZWOPER - hazardous waste operatians and emergency respanse.
HM - hazardous materials.
HHW � household hazardous waste,
MCU - Mobile Coll�ction Unit.
2.
PURPOSE
The purpose of this interiocal agreemen# {hereafter "Agreement") is the provisian of ser�ices by
Fort Worth to Participating City whereby, subject to the terms and conditions specifiied b�faw,
Fort Worth will administer and supervise a r�gional household hazardous waste collection
program, whicl� will be a�ailable #o households within Participating City.
3.
TERM
This Agreement shall be efFective from the date the last parry has signed this agreement
�hrough Se�tember 30, 2003.
4.
SERVICES OF �ORT WORTH
Fort Wor�h agrees to perform tf�e fallowing service� for Participating City in cannection with the
ECC household hazardous waste co�lection program:
A. Fart Worth will administer a regional household hazardous wasfie col�ection program.
This program will include the operatian of tt�e Environmental Collection Center, which
will accepf for dispasal and/or recycling household hazardous waste from households
Eocated within Participating Ciiy. Fort Worth shall not accept compressed f[ammable gas
containers; radioaetive materia�s; explosi�es or potentialiy shack sensiti�e materials;
bialogical, etiafogic, and infectious materials; wastes from businesses; and any other
wastes that Fort Worth has determined are unacceptable.
B. Fort Worth wi[I employ �r retain personnel ta pro�ide ti�e services necessary to perform
Fort Worth's obligations in this Agreement.
C. Fort Wor#h will enter into a contract(s) wi#�t waste dispasallrecyc�ing firm(s) for fhe
handling, collection, transpor#ation, storag�, disposal, treatment, recovery, andlor reuse
of household hazardous waste, which is collected at the ECC.
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D. Fort Warth will, if requested in writing by PartEcipating CEty, provide Participating City with
copies of waste manifests for shi�ments of waste from the ECC.
E. For� Worth will, if requested in writin� by Par�icipating Ciiy, pravidE Participating City a
month[y report of the Participating City's househofds wh� dispased of househafd
f�azardous waste at the Environmental Co[lection Center Qr a Mobil� Collection E�ent.
F. Fort Worth wiiE issue a report and a bill at the end of each qua�ter detailing the number af
f'articipating City's households that disposed of household hazardous waste at the
Environmental Collection Cen�er or at a mobi�e collecfion event.
G. Fort Worth will act under fhis Agreement in accordance with all applicabi� state and
federal laws.
H. Non-Fort Vllorth Mobile Callection Unit
�. Fart Worth agrees to accept household hazardous waste fram Participating City's
MCU in accordance with Section 5, of fhis agteement.
2. Fart Worth agrees to resiock tne items it removes fram Participating City's MCIJ,
however, Fort Worth sha�l only restock items listed in Exhibit "A", attached and
incorpar'at�d herein as if set forth.
Mobile Collection Events —Usinq Fort Wor�h's Unit
1. If Participating City woufd fike to schedule a mobil� collection event with
the For� Worth Mobile Collection Unit, Fort Worth will send Participat�ng
City a list of a�ailable dates. Pa�ticipafing City wii[ co�tact Fort Worth as
soan as possible to schedule the date, time and location agreeable to
both par�ies.
(a} Locatian
1'� Participat�ng City chooses to hold the Mobile Colleciian E�ent on
private property, Participating City shall obtain a signed waiver
from the owner of the property 1 weelc prior ta the event. The
waiver shall be in the form of Exhibit B or simi�ar farm appro�ed by
Fart Warth. The signed waiver must b� sent to Fort Wor#h 1 week
before the Mo�ile Collection Event. If the sig�ed waiver is not sent
to �'ort Warth 1 week befiore the Mobile Collection Event, Fort
W�rtf� will nat send the Fort Warth Mobile Co[lection �nit to the
e�enf an� Participating City will, in no event, be entitled tn any
damages of recavery of any c�sts, except as pravided herein.
(b) Available Da#es
Participating City acknowfedges that Fart Worth contracts with
other munic9palities and that Fort Wortn will be accommodating
each Participating City's request on a first come first served basis.
Therefore, Participating City ackn�wledges that its chosen date to
. schedule a mobi[e collection e�ent may be reserved by another
City and Participating City will nave to choose another c�a#e.
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Participating City will, in no event, be entitled t� any damages or
recovery of any costs, except as pro�ided herein.
2. At the Mobil� Col[ection ��ent, Participating Ci#y acknowledges and agrees that
�ort Worth shall accept househofd hazardous waste from #he first 50 households
that show proof of residency at tne Nlabil� Collection Event. Af�er the first 5Q
households, Fart Warth wili det�rmine in its safe discrefion how much mare
waste it can accept and stor� properly. If mare households arrive at the even#
than Fort Worth can accept, Participating City wil� in no e�ent be entitfed to any
damag� of recavery af any costs, except as pro�ided herein.
3. Due to the lack of storage space ai the ECC, Participaiing Ciiy acknowledges
and agre�s that if it requests the Fork Wor�h Mobile Collection Unif at a mobile
coflec#ion event, a PartEcipating Cify's Non-Fort Worth Mobile Co[lection Unit shall
not alsa be at fhe event.
4. City, in iis sole discrefiion, will de#ermine whether to send the Fort Worth Mobi[e
Coll�ctiort Unit to Participatir�g City's Colfection Event during adverse weather or
the threat of ad�erse weatf�er includir�g but nflt limited to sleet, snow, rain, mist or
hail. In the event Far� Worth determ�nes not to send the Fort Worth Mobile
Collection LJnit, Fort Wartf� shall no#ify persans listed in S�ctian 5, Paragraph A
and shall s�nd a�ort VNortF� em�layee ta the Participa�ing City's event to tell any
residents that come to dispose af household hazardous waste; �) that the �ork
Worth Mabil� Colleciion Unii will not be coming to the event, and, 2} that tF�e
resident can go to the ECC to dispose of the waste and pr�vide a map ta the
ECC.
5.
DU7EE5 O� PARTIGIPATING CITY
Participating City agrees �o perForm the following duties in connectior� with the househafd
hazardous waste collectifln program:
A. Participating City will designate one of its emplayees, and anather as an altemate, to act
as its hausehald hazardous waste collection coordinatar to interact with �ort Worth.
Design�ted �erson is:Dawn Eisenhauer t81epF1oi1� 11U�71b�1': �$X�) 514-5818
Pager �umber or 24-hour number where he or she can be reached: (g17) 669-572b
A[ternate person is �arbara Denn.y telepha�e number; (817) 514-58I3
Pager number or 24-haur numberwhere he or she can be reaci�ed: (8�.7) 227-0630
B. Participating City will coardinate and fund all program advertising targeted to its own
citizens, as it deems necessary. Such advertising shall include tl�e typ� af wastes that
will be accept�d at the ECC, fhe requirement of praof of residency and weather
canc�llation information.
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C. Par�icipating City shall natify its residents of the ECC hours of operation and dates it is
closed as provided in Section 9"The Environmental Coileciion Center Hours of
O�eration."
D. Participatir�g City may cho�se to utilize a voucher system for its residents in order for
them to bring HHW to the ECC. 1f Participating City chooses #a use such a systern, it
shall notify Fart Wor�h of the decision, and sf�all pro�ide .For� Worth with a copy af th�
official voucher. In addition, if a citizen from a Participating City that utilizes a vo�cher
system comes #o tf�e ECC or a mobile caAectian �vent without a voucher, Participating
City acfcnowledges and agrees tt�at Fort Worth will not accept the househald hazardous
waste until Parkicipatir�g City autF�arizes the acceptance in writing.
E. Participating City may submit a written req�aest for a monthly r�port listir�g the number of
its city's ho�sef�ofds that ha�e disposed af household hazardous waste at the ECC or a
mobile collectian even#.
F. Participatirtg City shal! provide traffic control and signage for the mobil� collection
events, and shall provide persan�el to assist For� Wori� with the survey and� screening
af persons dropping off ho�sehald hazardous waste. T�e parties prior to the evenfi shall
agree upon th� details of the traffic control, signage, and personnel assistance.
G, Particinatina Citv's Mobife Colfeetion Units Collectinq Hous�hold Hazardous Waste
1. Participating City sF�all advise the ECC program manager at feast 72 hours in
advance of i#s mobil� collection events. Participating City sha[I collect only HHW
during a mobile colfectian e�ent. Wastes from commercial, agricultural, and
industrial sources shall not be accepted. Participati�g City shall not accept
compressed flammable gas containers; radioacti�e materials; explosives Qr
potentially shock sensitiv� materials; biological, etiologic, and infectious
materEals; and any other wastes that Fort Worth has determined are
unacceptable.
2. In accardanc� with the Eatest DOT requirements, Participating City's MGU
aperators wilf pro�erly categorize, pacKage, mark, label, and laad into the MCU,
a[I wastes recei�ed at the mobile coi[ection event. Recyclable products (used ail,
used oil filters, latex paint, recyc[abl� anti-�reeze, lead-acid batteries, and
f[uorescent lights} will be segregated into cantainers for recyclables.
3. After accepting wastes, Participating City's MCU operatars shall thoroughly
check each container for proper labeling and identification. If a container is
properly ider�tified, the materiai will be segregated according to nazard cEass and
prepared for packaging. If a cantainer does noi have adequate labeling to permit
identificatian, the MCU operatars shafl ihen attempi to identify the materiaf frflm
its physical characteristics using HAZCAT analysis and from in�ormation provid�d
by the househofd presenting the waste.
�. The Participating City's MCU operators shall package all hazardous ma��rials in
accardance with United States Department of Transportation (DOT}
requirements, United States En�ironmer�ta� Prcatection Agency {EPA)
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requirements, and all other applicable federal and state requirements. After all
the wastes have been praperly identified and segregated, the MCU aperators will
reexamine the wastes for compatibility, list �hem on the container contenf sheets,
and �ack them inia drurns. Oil-based paints and latex paints shall be bulked
separately in 55-galEon drums, or if the paint is feft in its cont�iner, the paint ean
be packed in a lined cubic yard bax, and packed and labeled according ta f�deral
and state reguEations, ParEicipating City sf�all not transpor� waste t�at is not HHW
to the ECC. Participating City agrees fa make its own arrangements to dispose of
any non-HHW waste collected at the event.
5. Prior to transporting the HHW from the collecfion e�enf site(s), Participating Gity's
MCU operators shall com�lete a Bill of Ladi�g, and shaf! keep th� Bii! of Lading
irt the cab of the truck hauling the MCl1 d�ring transpo�tatian of the HHW to the
ECC. Participating City shall require Yhai a mi�imum of one copy of the latest
Nor�h Am�ricar� Emergency Response Guidebaok be kc�pt within the cab �f the
truck.
�. During transportatian, Participating City"s MCU operators shafl �lacard the MC�
for transportation of hazardaus waste in accnrdance witF� federal and state 1aw.
7. Upon the retum of the MCU to the ECC, Participaiing City's MCU operators shall
follow ihe instructians of Fort Worth regarding the placement of the MCU for
unloading. Fort Wor�h shafl take poss�ssion af the MCU fr�m Participating City
aft�r the MCU i�as been �raperiy parked for unloading in accordance with Fort
WortF�'s insfructions and alf required documents have been delivered to the ECC
program manager or his designee at the ECG. Fort Worih snalf, u�ithin a
reasanable amount of time, unload the HHW fram #he non-For� Warth MCU and
stare the HHW at the ECC.
8. If Fort Worth, in its sole discretion, determines that Participa#ing Cify's MCU
operators improperly packag�d any of fhe HHW delivered to the ECC, F'ort Worth
shall repackage such waste, and Participa#ing City shall reimburse Far� Worth as
set forth �n Section 10,, Paragraph B.
9. If a spili occurs at the ECC while the MCU is stili in Pa�ticipating City's
possession, Fort Wart� shall take control of the spill response an� Participating
City wiil reimburse Fort Worth for its respanse casts as set forth in Section 40.,
Paragraph C.
6.
U5E OF W�STE DISPOSALIRECYCLING F1RMS FOR HC3USEHOLD HAZARDOUS WASTE
A. Fort Wartf� will enter into a contract(s) with waste disposal/recycling firm(s) for #h�
handling, callection, transpor�ation, storage, disposal, treatment, recavery, and/or r��se
af hausehold hazardo�s waste, which is collected at the ECG.
B. Such firm(s} shall be required pursuant to the contract(s) to assume generator status for
the waste collected, (exciuding used oi[, lead-acid betieries and an#ifreeze) to choose a
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disposal sife far the waste subject to Fort WorEh's approval, and to indemnify F�rt Wor�h
and participating cities against any and all e�vironmenta! damages and the �ialation of
any and all environmentaf requirements resuiting from t�e hancfling, co�Eectian,
transpar#ation, starage, disposal, trea#ment, recovery, andlor recyc[ing of waste colleeted
purs�ant to this agreement, when said er�vironmantal damages o�- t�e �iolation of said
environmental requirements was the result of any act or omission 4f contractor, its
officers, agents, emplayees, or subcontractors, or the joint act or omission ofi contractor,
its afficers, agenis, emplayees, ar subcontractors and any other person fl� entity.
C. iHF ��RT��S R�C�C�VI�� �H�►� �►�i�1UUCb iH1� i�1RNl (S) �JILL �F R�C,�UIR�D
�O ASSUNi� C�N�RAiOR SiAilJS, YF;IS ASSU[VI��[ON Vill�� NOi ��LI�1/�
P�iRiIC�PAi�NG Cl'�Y O� �I�►�I�IYY �'OR ib� WASTI� 11R�DER �i�DE�AL LAllV
�,[V� SiA�� �AIrV. Fort Wor�h will arrang� far recycling vendors for used oil, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-tn-time Fort Worth will make a�ailable to residents and businesses of Fart
Worth, as well as, Participating City ar�d residents and businesses of Participating City
for their use, collected household hazardous waste materials that are suitable for reuse,
s�ch as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any
materials that are picked u� for reuse.
B. Some materials made availabEe for reuse may have been cor�salidated and filtered by
Fort Worth prior to being made available. Used antifre�ze wi[I ha�e been consolidated in
a bar�el, filtered, and pH balanced, and new antifreeze may have been added to the
barre[.
C. In regards to materials accept�d by Pariicipating G9ty, ��RT ViIORTb f�AF��S NO
R�PR�SEf�7'AYI@NS, WARR/�NiI�S OR GIJARAfVilES iHAi:
1. the container contents are what the label indicates;
2. the container cantents are those �riginally placed into the container by the
manufacturer;
3. the product is of the quality intended for i#s use;
4. the contents of the container have been stored properly;
5. the instruciions on the container Ia�el for use, sfiorage, and first aid are current or
correct;
fi. t�e container is in unimpaired candition;
7. the prnduct is still appraved far use (i.e., it has not besn banned or recalied}; and
S. the product can be used without risk ta persons, property or the envirortment.
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FU�ib�RIV�OR�, A�� �iIAR�ANTI�S, �XPRESS AN� IIU�P�I��, �►R�
SF��CI�ICALLY Q�NI��.
D. Pa�ticipating City shall contact fhe ECC program manager to arrange a picEc�p time to
abtain materials. Participating City agrees that it shall not return to Fort Worth, direc#ly or
indirectly, any maierials it obiains from Far� Warkh under this paragraph.
E. fN R�CARDS �O iVi�►iFRI�LS A�C�Pi€D �Y �ARiICIP�T�F�G CITY,
PARTiCIP�4�[NG CIiY �0�5 b�R��Y 1dV/�IV� A�.L CL�[f�S, INCLU�INC
�RO�U'CTS LI���LI�Y C�AI�JIS, Aid� �t���AS�S, �►N� HO��S HdFtfV�LESS iFi�
CITY O� �O�i WORi�I, �►ND /�L� O� liS O��fCIAGS, �FFICERS, �fV��LOY��S,
AGEP�7S, p►N9 V�Ll1Ni���S, IM �OfH i�1��R PU�LI� �►N� PRIVAiE
CA�RCiTiES, F'l�O�ll ANY AND A�� �lA�ILIiY, C��►C1V�S, SL1[TS, �E�flAhl�S,
�XP�NS�S O� �IiiGATION, �R C�USES Q� i��"IOf� l�HICH IV9�►Y �►RI�� �Y
���SON OF �NJURY YO PERSONS, �OSS O� PRO���'fY, DAMAGE �'O
�ROP]�RTY, OR �OSS 0� U5� O� �1RlY P�O��R�"1( , t3CCAS�ON�� �Y �W�
YR�NS�ORiATIOiV, STORAGE, FiAN��IP�G, US�, /�N� D15P�SAL �Y
PARi�CII���ING CliY �F AiVY MAT�RI,4L5 �►CC��i�D �Y PA��IC1��4i1�IG CIiY
UAI��R Yk�1S AGR��IVI�AI`� �RONV F'�Ri 1d4dORT�I.
F. In regards to mat�ria[s accepted by residents or businesses of Participating Cities;
FORT' lMORiH iVIAKES NO R�PRI�SE[d`iA�lOhIS, Vi1ARR�►N`iI�S OR GU/�F2ARlilES
�HA�':
1. tne container contents are what the labei ind'[cates;
2. the container contents are those originally plac�d into the con#ainer by the
manufaciurer;
3. the product is of the quality intended for its use;
4. the contents of t�e container have been st�red pro�erly;
5. the instrt�ctions on the cantainer label for use, storage, and first aid are current ar
correct;
6. the container is in unimpaired candition;
7. the �raduct is s#ill apprav�d far use (i.e., it has not been banned or recalled}; and
8. #�e �roduc# can be used without risk to persons, property or the environment.
r 11RTFiEIr�fUIOR�, ALL !i�lARRAN�'I�S, �X�R��S �►F,�D IIV�F��[��], ARC
S��C1Fr1CALLY ��{VC��.
G. Par�icipating City s�all attempt to inform its residents and businesses #hat if they go to
the En�ironmental Ca{lectian Center to pick up househol� hazardaus wast� for reuse, a
release of liabifiiy must be signed tfl accept the hausehold hazardous waste for reuse.
40
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Warth shall ha�e the right to re#use to accep# waste at the
ECC from Participating City's resid�nt and to eject such indi�idual from the prer�ises of the
ECC, ifi ir� tt�e reasonabl� judgment of Fort Worth:
A. T�e waste is not hausehold hazardous waste;
B, T�� waste #ails to maet ather established criteria established by this Agreement, ar that
have been establis�ed by Fort Worth subsequent to the execution �f the Agreement;
C. The indi�idual does not have sufficient ideniificatian to establish that helshe is in faci a
resident of Partici�ating City;
D. Partie9pating C�ty has implemented a voucher system for its residents ta dispose of
wasfe, and the individual does not have a valid voucf�er; or
E. The waste or ihe individual presents a hazard to the ECC or to persans or property at
the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AN� DAYS
�F OPERATION
A. Hours of Ope�ation
During the term af the agreemer�t, the ECC's i�ours o# operation are as follaws:
Th�rsday and Fr�day 11 :00 a.m. �7:00 p.m.
Saturday 9:00 a.m. -3:00 �.m.
B. Days the En�9ranme�tal Callection Center will be clased
During ti�e term of the agreement, the ECC will b� closed on the fflllowing days:
Thanksgiving Holiday, November 28 -29, 2002
Chrisfmas Holiday, December 25, 2002
January �, 2003 through January 08, 2D03, for cleanup and repa[rs
M.L�K. Day January 20, 2403
Memorial Day, May 26, 2003
Independence Day, July 4, 2003
l.abar Day, September 1, 2003
C. Notifying Residents
Par�icipating City agrees to notify its residents of the ECC's haurs of aperation and dates it will
be closed. Participating City may adve�ise the 24-hour Environmentaf Callection Center
1���Ij�I IjQ,�'� r �� �
1' j 1: Y��IIl1'L'L+ ll'��
,. . - !+ r���u `�`� .
is
;_ " j'�`�'I�t�� ��f�;��, r
telephane numb�r to give its residents the En�ironm�Rtal Collection Center`s hours. The
number is: (817) 871-5257.
1 D.
COMPENSATION
As fair camper�sation for #he services provided by Forf Worth pursuant to this agreement:
A. Participating City agrees to pay Fort War�h the sum af $ 50.OQ per household per visit ta
the �CC or per household far pariicipa#ion in a Mabi[e Callection Event to dispose of
housei�old hazardous waste.
B. 1f Fort Worth determines that Participating City's MCU operators improperly pac�caged
any of the HHW delivered to tha ECC, Fort Warth shal] repackage such waste, and
Participating City shall reimburse �or# Worth for it staff time at $20.OQ an hour and the
cost of supplies.
C. If a spill occurs at the ECC while the Non- Fort Wot#h MCU is stil! in Participating City's
possession, Forf Worth shall take co�trol of the spill respanse and Participafiing City wi[I
reimburse �or� Warth for its response cosfs of $60.00 per hour staff time and #he cost of
s�pplies.
D. The amount due to Fort Wor�h for services pravided� under this SectionP Paragra�hs A,
B, and C, sha[I be billed to parficipating City quarterly. Participating City shall pay �ort
Worth within 3Q days of receiving a bill from Fort Worth. If �ar� Worth does not receive
payment within 34 days, Fort Worth shall inform Participating City in writing that it will nat
accepf any household hazardous waste fram Participating City's residenfs and that Fort
Warth will not participate in a mo�ile coll�ctian e�ent ar provide a mobile eallect9on unit
until paid.
E. At the end af the t�rm of this Agreement, Fort Worth shall provide a final acco�nting to
Partici�ating City, which will incfude the total number of Par�icipating City's households
whieh gar�icipated in the program, r�packaging fees, if any, and the total cost of spill
response charged to Partiei�ating City, if any.
F. Pursuant to the requirements af Go�ernment Code §791.011 (a){3}, t�� amount due to
Fort Worth �nder Subparagrap� D. abo�e shall be paid from rever�ues currently
a�ailable to Par�icipating City in the present fiscal year.
12
11.
ARTWORK, "'CAPTAIN GRUD AND THE CRUDDIES," AND PROMOTIONAL MATERfALS
LICENSE AGRE�MENT
For# Wortn is the owner of "Capfain Cre�d" and the Cruddies ("�loomer," "Atfio," "Pestie,
"Scr�b," and "Van �oa") "Conquer Your Crud," and "Crud Cruiser", and fherefflre a!I
ownershi� rights 6e�ong to Fort Workh. Fort Worth has reg�stered these marks as service marks
wifh the 5ecretary of State.
A. Fort Worth hereby grants to Participating City a non-transferab�e, non-exclusive license
to use all the artwork and promatianal maferials tYtat may be pro�ided by Fart Worth to
be used soleRy in the conduct of the business of Participatir�g City's disposal and
recycling of hausehoid hazardous waste programs. If Participating City wishes to use to
Licensed Art andbr Prama#ianal Mat�rials in other limited situatians, Participafing City
musfi first obtair� express written consent from Fort Warth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City
pursuar�t to the terms of this Agreement. Participating C�ty acknowledges thaf by virtue
of this License, F'articipating City acquires only the right to use the origina� and permitted
dupl9cate copies of the Licensed Artwork and Pramotional Materiafs and does not
acq�ire any rights af ownership in the Licensed Artwork and Promotionaf Ma�erials,
which rights shall remain exclusively wifh �ort Worth. If Participating City wants to modify
or change the artwarK andlor promotional materials in any manner, Participating City
hereby agrees to cantact Fort Worth in writing to obtain written c�nsent before modifying
or changing any artwork and/or pramotianal materia[s.
C. 1f Participating City desires an actor to portray "Captain Crud" for an event, Participating
City shall use aetors appro�ed by Fort Warth ta portray "Captain Crud" since "'Captain
Crud" is owned by Fart Warth. Par�icipating City shall be salely responsi�le for
compensating actor for tF�� services provided to Participating City. Participating City will
contact Fort Worth as soon as possible with the date and iime of the event agreeable to
both parties to obtain approval for tne chosen actor and to request and pickup the
"Captain Crud" costume for iis ev�nts. �ort Wor�h wifl provide the "Captain Crud"
eostume. Hawever, Participating Ciiy agr�es to be liable to Fort Worth far any damage #o
the costume or ifi Participating City fails ta return the entire costume to Fort Worth ar if
the costume is nat returr�ed in the same candition as received.
12.
lMMUNITY
It is expressly understood and agreed that, in the exec�tion of this Agreement, none of the
participating cities waives, nor shall be hereby deemed to waive, any immunity ar defense that
would otF��rwise be available #o it against claims arising in the exercise of governmenial powers
artd functions, and that the services described in this A�re�m�nt are a go�emm��tal functian.
13
���1��s��� � 1 I
J il
r�1:�� i�
ti,t
'l 3.
�ORC� MAJEURE
A delay or faiiure nf Fori Worth to perFnrm services pursuant to this Agreement shall be exeused
ta fh� extent #hat the delay or failure to perForm resufte� from a force ma�eure e�ent, and the
defay or fai[ure was beyond the control of Fart Worth ar�d not due fo its fault or negligence.
Participating City shall na# have, and hereby wai�es, any claim whatever for any damages
resulting from defays or failure to perfarm caused by a force majeure event,
14.
TERMINATfON
The parties shaEl each ha�� the right ta terminate the. Agreement for any reasan, witn or without
cause, u�on thirty {30) days written notice #o the other party. Upon terminatian, the parti�s shall
be released from all contract�al obfigations ta the other party excluding "USE OF WASTE
DISPOSAL/REGYCLING FIRMS FOR HOUSEH�LD HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MATERIALS" (Paragraph 7} and "ARTWDRK, "GAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT'
{Paragraph � 1).
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as folfaws:
!f to F'o�t Worth:
Brian Boerner, CHMM, Director
Deparkment of Environmental Mar�agement
Cify af Fart Wor�h
9 000 Throckmorton
Fort Warth, Texas 76102
If to Participatinc� Citv:
Dawn Eisenhauer. Personnel/PIO
Gitv of Watau�a
710L Whitley Road
Watau�a, TX 76148
16.
ENTIR�TY
This Agreement contains all commitments and Agreements of #he parties hereto, and r�o other
ora! or written commitments shall ha�e any force or e�fecf if not contained herein, except that
this Agreement can be arr�ende� or modified by the parties if such amendment ar modification is
in writing and s9gned by Participating City and Fort Worth.
14
17.
SEVERABILITY
In the event anyane or more of fhe provisions cantained in this Agreement shall for any reason
�e held to be invalid, illegal, or un�nforceable in any resp�ct, such invalidity, illegafity, or
Unenforceabiiity shalf not affect any other provision thereof arad this Agreement snali be
construed as if such invalid, il�egal, or t�nenforceable provisions had never been contained
herein.
9 S.
VENUE
Should any acfion, real or assert�d, at law or in equity, arise out of the terms and conditions of
this Agreemer�t, venue for said action shall be in Tarrant County, Texas:
19.
AUTHORITY
This Agreer�ent is made for Fort Worth and Participating City as an Interfoca! Agreement,
pursuant fo Texas Government Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers andlor agenfs �f the parties hereto are properly autharized officials
and have the necessary authdrity ta exec[ate this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending such aui}�arity
have bee� d�ly passed and are now in fu[I farce and effect.
15 �
� �� r� ti� ���}��U)
J �1��� �:� G_� �. ���
�� rN!r'trv�'�',� �� �"' �
�1li � i
EXECUTED IN TRIPLICATE
CITY OF F'4RT WORTH
By:
I � �T
Libb`y Watson ` �
Assistant Ciiy Mana�r
Date: ..� , ; -
City of Watauga
By:
� - ���� Q .�.�,���
F'r[nted nam� �'FYl?S
Title: Mayar
p�#�; 5eptember 9, zao2
APPROVED AS TO FORM
AND LEGALITY:
Vll(/vi� �' ��
Assistant City Attorney�
�EST: - . ,
,� � �
. � _ ` x ; �`
Gloria Pears,6n �
City Secret�ry
APPROVED AS TO FORM
AN LEGALITY:
% � � `
C�
. City Attorney
ATTEST:
,- . -
CyS��
� ������
Contract authorization
��' ��� ��
Da#�
`����'G��G�� G'���'��1�`��
16 �-� � t� �,�: . . � ,
;�I� �����'� ' � . �,�
�.
� ,. �;��,,,�. �
�� I!nr„^ r_•5�1�;) � , ..,.�
3
i�
EXn���t ��a„
��STOC�INC �IST �'�� `�H� ���IL� �O���CTIO� �IVI`�
IV�aterial Amounfi Restocl�ed Special Adeeds Remarks
55 gallon open top Amount taken off the
drums (open top for trailer
loose packs)
�5 gapon drums Amount taken aff the
(ckased top} (oil, trailer
antifreeze, bulk
flarnmab[e materials
and one ex#ra}
�iber drums (�5 or 3a
gallon} A�rosofs, Amounfi taken aff the
acids, bases and trailer
oxidizers)
Gaylord box liners
(plastic) Amount taken off the
trailer
55 gallan drum Gners
Amaunt taken off the
traifer
5 gallon buck�ts
(filterslhaz chemicals} Amount taken off the
trai[er ;
Survey Forms '
Amaunt taken off the
traifer
Labe[sldrum placard
Amou�t taken off the
. trailer
Gayl�rc� boxes
Amount taken off the
traifer
Absorbent pads
- Ama�nt taken off th� �
trailer
Vermiculite
Amount taken off the
trailer
Oil dry
Amount taken off the
trailer
Pfomotional Mater�als
& Brochures Amount neec{ed
17
Exhibit "B"
WAIVERAND RELEASE OF L.IABILITY FQR COLLECTION OF HOUS�HOLD
HAZARDOUS WASTE
I being the owner of �roper�y loca#ed at ,
have b��n asked by tY�e City of _ to alfow a mobile colle�fian
event on my property to coll�ct household hazardous wasfie on the , 2001.
�n considerat�on of , I h�reby give my permission to the City of
to F�old a household hazardous waste collectian event on my
praper�y in which the City of , has asked the City af �or# Worth
to send ifs mobile collection unii to callect fhe household hazardous waste that is broughf fo tne
event.
Ther�fore, in cnnsideratiar� of , I hereby RELEASE,
DISCHARGE, H�LD HARMLESS, INDEMN[FY the City of ForE Wart� or i#s offic�rs, agents,
and emp�oyees and the City af and its nfficers, agents,
andlor employees for any and all claims, demands, liability, caus�s of ac#jan, actions or suits of
any character fhat I may ha�� against the City af Fort Worth nr its officers, ag�nts, and/or
employ�es and the City af or its officers, agen�s, andlar
employees �or any property loss or damage, for any and all personal injury including death ar
any other damage af any kind or character which may arises ar that arises from allowing the
City of ta hold a hausehold hazardous wasfe cal�ectian event, in
which tne Cify of Far� Worth sends its mobile collection unit on my praperty.
I have read this Waiver and Release and f�ily understand its terms and conditians. ! ha�e not
be�n influenced in any extent whatsoe�er by any representatian or statements not contained in
this Agreement. I hereby acknowledge that this Waiver and Release is given in consideration of
Signature Date
Witness
�F:3
City- of Fort WoYth, T'ex�rs
Mayor.a�d �ounci� Commu��c��tion
DATE REFERtNGt NUMBER � LOG NAME PAGE
91241�2 *��_� 9�5� 52CQLLECT � � 1 af 2
sua.��c�r ENTERLOCAL AGREEMENTS WITH VARlOUS MUNICIPALITIES FOR
PARTICIPATI�N AT THE ENVIRONMENTAL COLLECTI4N CENTER � �
RECOMMENDATION: . � .
lt is recommended #ha# the City Co�neii aUth�rize.th� City Manager ta execu#e interlocal agre�ments
with.vario�s municipaEitieslentities for participatiar� at ttie Environmentaf Co�lection Cer�ter.
DfSCUS510N:
The City's Enuironmental Coflection Center is naw in its sixti� year of operation coliectin� nousehoEd
hazar.dous wasie from the citizens af Fort Worth and surroc�nding communities on a year round 6asis. �
In arder� for nor�-Fort Worth citizens #a participat� at the En�ironmental Gollectian Center, each -
municipaliiy is required ta enter into an interlocal agreement wiih the City of �ort Worth. ' ;.
The rate per ho�sehold for the period covered �by these agreements (Octo�er 1, 20D2 #hrough
September 30, 2003} is $50,Oa. The decrease in the rata is due to receipt of a grant from the North
Central Texas Council of Govern�n�n#s that will pro�ide $1�O,D�O for dispvsal costs during FY2002-
2003. It is anticipated that �ap}�roximately $420,000 wi�l be collected �tnder these agreements. ❑uring
�Y2001-2�02 twe�iy-six area communiiies signed participation agreem�nts with the City af Fort Worth.
For t�� upcaming year we expect all of those communities_ to pa�ticipate and have had interest
expressed by six athers. ' -
This agreement auflines the responsibilities of each �a�ty, estaf�lishes t1�e rate for participat�o�, and
deiineates the .usage of service marked, pufoiic .educatian material. The City af Fort Wort� is
respansible f�r overall operation of. the Environmental Cola�efiian Center including contracti�g with a
hazardo��s waste clisposal company for transportation and �disposal of mat�rials coHected. fhe -
follawing entities have expressed an interest (*) ar are expected ta cammit to par�icipa�ian �for the periad
October 1, 20�2 tl�rough September 3Q, 24a3: '
Arlington
Benbraok
Cleburne �
Euless .
Haltom Ci#y
Kennedale� .
No�th RicF�land Hi!!s
Raanoi�e*
Ste�henville
Upper Trinity Regional Water District
White 5ettlement*
Rzie
Burlesan
Colieyviile
Grand Prairie
Hurst
Mansfeld .
Richland Hilis
Sagi�aw
Trophy Club*
Venus
Willaw Park*
�edfard
Cedar Hill
E�erman'`
Grapewine
Kerter -
N ewa rK
.River Oaks
Sa�athlake .
Un-incorporated Tarrant County
Wat,attga
City of Fort l�orth, Texc�s
Mayor �nd Councif �orr�mur�ic�-��a�
,I pqj� RErtKtivi:� lvuMEitFt LOG NAME PAGE
91241a2 . �'�`C-� 9�5� I �2CDE.LECT I 2 af 2;
� sus��C�' INTERLOCAL AGREEMENTS WITH VARIOUS MUNlC1PALITIES �OR
, � PARTiCIPAT{ON AT THE -ENVVRONMENTAL CO��ECT14N GENTER .
�15CAL 1NFORMAT[ONICERTf�ICATION: ' � I
The Fina�ce- Darector ce�tifies that the Environmenta� Management Departrrment will Be responsible for
the c�llection of funds due under. these agr�ements. '
LW:n �
Suhmitted for City Mant�ger's
Office by: � �
Libby W atsan
Originating Department Head:
Brian �oerner
Additianu! Informutton Contact:
Brian Bnecner
� FUND � ACCOUnT �� CENTER ,• AM4'[JNT
I {to)
� R103 48822a 0521100
6183
8079 I (from}
�
8079 `
CTTY SECRETARY
� APPROV�D 9/24/02