HomeMy WebLinkAboutContract 28136C1TY ��C�Ei',��� ,��/
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INTERLOCAL AGREEMENT FOR PARTECIPATION lN FORT WORTH'S
ENVIRONMENTAL COLLECT[ON CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
TH15 AGREEMENT is entered into by and betuveen the City of Fort Wortf�, Texas, a home-ru�e
municipal corporatian situated in Tarrant and Denton Counties, Texas, hereinafter cal[ed "Fort
Worth," acting here' by and thr,t�ugh Libby Watson, its d�ly authorized Assistant City Manager,
and 4�(���of �ic�(�ac.�HtllS a municipality situated in la n..-t �v�n , Texas,
hereinafter cadecf "Participating City," acting herein by and through �d�. S��r its cfuly
authorized �(�.� f rsY .
WITNESSETH
WH�R�AS, Texas Go�ernmer�t Code, Chapter 791, a�tF�orizes the formulation of inferlocal
caoperation agreements befween and among local ga�ernments; and
VIIHEREAS, Texas Government Code, �791.01 � provides that a loca� government may confract
wit� another to perform governmental functions and services, and �791.D03{3}{H) defines waste
disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides th�t a lacal government may agree
with another locaf gavernment to purchase services, and
WHEREAS, Fort Warth and Par�icipafing City desire io enter into an interlocal agreement
whereby Fort Wort� will p�rchase the services of a waste disposallrecycling firm or firms and
will administer a househald hazardous waste co[lectian program; and
WHEREAS, Fork Worth and Participati�g City mutually desire fo be subject ta the provisians af
Texas Goverr�ment Code, Chapter i91, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as fol�ows:
1.
D�FINITIONS
A. UnEess a prov�siort in this Agreement explicit[y states otl�erwise, the follawing t�rms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act af God means an act occasioned by the direct, immediate, and exclusive aperation
of the farces of nature, uncontrolled or uninfluenced by the power o� humans and withou#
human inte�rentian.
Bifl of Ladinq lists the contenis of the mobile collection unit.
Environmental Collec#ion Center {ECC) means ihe City ofi Fo� Worth �Department of
En�ironmental Management facility located at 6400 Bridge Stre�t, Fart Worth, Texas,
which is to be used }�y �ort Worth for the aggregation of nousehold hazardous wastes
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that ha�e b�en b�ought ta the facility by par�icipating cities' nouse�olds for subsequent
recycling, disposal, andlor r�use.
En�ironmental damaqes m�ans all claims, judgments, damages, losses, pertafties, fines,
liabilities (incfuding strict liability), encumbrances, iiens, costs, and expenses of
in�estigation and defense of any claim, whether or rtot such claim is ultimately defeated,
and of any goad faith settlement ar judgment, af whatever kind or nature, contingent ar
otherwise, mafured ar unrnatured, fo�eseeable or unforeseeabl�, incl�di�g wEthout
limitation reasanable aftorney's fees and disbursements and consultant's fees, any of
which are incurred subsequent ta the execution of this Agre�ment as a res�tlt vf the
handling, co�lection, transpor�ation, storage, disposal, treatment, reco�ery, andlor reuse
of waste pursuant to #l�is Agreement, or the existence of a �ialation of environmental
requiremer�ts pertaining io same, and including wiihaut Iimitation:
(a) Damages for personal injury ar�d dea#h, or injury� to property or natural r�sources;
(b) Fees incurred for fhe services of attorneys, consultants, contracfors, experts,
laboratories and all other costs incurred in connectian with the investigation or
remediafian of such wastes or vialation of environmental requireme�ts including,
but not limited to, the preparafion of any feasibility studies or reparts or the
pe�formance of any cleanup, remediation, remaval, respanse, a�atement,
containment, clasure, restoration ar monitoring work required by any federal,
state ar local gov�rnmentai agency ar politica! subdivisinn, or otherwis�
expended in connecfion with the existence of su�h wastes or violaiions of
environmental requiremer�ts, and including without limitation any attorney's fees,
costs and expenses incurred in en�orcing this Agreement or collecting any sums
due hereunder; and
(c} L.iability to any third person ar gavernmental agency to indemnify such person or
agency for casts expended in connection with the items referenced in
subparagraph {b) herein.
En�iranmentaE requirements means all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orderso appro�als, plans,
autharizatians, coneessions, franchises, and sirr�ilar items, of all gavernme�tal agencies,
departments, cammissions, boards, bureaus, or instrumentalities of fhe United S�ates,
states, and pofitical subdi�isians thereof and all appficable judicial, administrati�e, and
regulatory decrees, judgm�nts, and orders relating to th� pr�tection of human health or
tne en�ironment, including without limiiation:
{a) AE1 requirements, including but not limited #o thos� pertaining to reparting,
licensing, permitting, investigation, and remediation af emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants,
cor�taminants, ar hazardous or toxic subsfiances, materials, or wastes wheth�r
salid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm
water, or lan�, or relating to the manufactur�, pracessing, distribution, �ase,
treatment, starage, dispflsal, transport, or handling af pallutan#s, contaminants, nr
hazardous or foxic substances, materia�s, or wastes, whether solia, liquid, or
gaseous in nature; and
(b) All requirements pertaining to the protectian of the health and safety of
employees or the public. �
Force rrzaieure means decree� of or restraints by a governmental instrumentality, ac#s flf
God, wark stoppages du� to la6or disputes or strikes, fai[ure of Fart Worth's
contractor(s) to perfotm pursuant ta their agreem�nts with Fort Worth for the conduct af
the coll�ction of household hazardous waste, fires, explosians, epidemics, riots, war,
ret�ellion, antf sabo#age.
Household F�azardous waste (HHW) means any salid waste generated ir� a hausehold by
a consumer which, except for the exclusion provided for in 40 CFR § 26T.4(b}(1 }, would
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means the �niform hazardou5 waste manifest fflrm(s} furnished by the TNRCC
to accompany shi�ments of municipal hazardous waste or C[ass 1 industnaf solid waste
for waste transported ta a site in Texas, or the c�mparabfe manifest of #he receiving
siaie if the waste is transparted ouf of Texas.
Mobife collectian �veni means a household hazardous waste collection e�ent by
Participating City utilizing a rnabi[e col[ection unit.
Fort Warth Mobile col�ec#ion unit (MCU) means a non-salf prope�led �ehicle used for the
periodic collection of househo�d f�azardous waste by Partici�ating City, aff-s9te of the
ECC, which is transported to the ECC to dispose af the hQus�hold hazardous waste
collected at the m4bile collection event. The Fflr� Worth Mobile Callectior� lJnit is
designed to ha[d the �azardous waste of appraximately 50 to 7� hauseholds.
Pa�ticipatin� Cities, when used in the plural, m�ans Fort Worth, Participating City, and all
other entif�es which have entered inta interiocal agreements with Fart Warth far the �CC
household hazardous waste collecfio� pragram.
Person means an indi�id�al, corparaiion, organizaiion, government, or governmental
subdivisian or agency, business trust, partnership, assaciation, ar any other legal entity.
Waste has the sam� meaning as '"soiid waste" as that term is de�ned in Texas Health
and Safety Code §38�.003, and including hazarcfotas s�bstances.
B. Unless a provisio� in this Agreernent explicitly states oth�fwise, ihe followir�g
abbre�iations, as used in tE�is . Agreement, shall have the meanings �ereinafter
designated.
CERCLA - Camprehe�sive Environmental Respanse, Compensation, and L9abifity Act.
CPR - cardiapulmonary r�susciiation.
DOT - lJnited States Department of Transportation.
ECC - Enviranmental Collection Center.
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EPA - United States Environmenfal Protection Agency.
HAZCAT - hazardous caiegoriza#ion.
HAZW�PER - hazardous waste operatians and emergency respon$e.
HM - hazardaus materials.
HHW - house�old F�azardous waste.
MCU - Mabile Collectian Unit.
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PURPOSE '
The purpose af tnis int�rlocal agreement (hereafter "Agreemen�") is the provision of services by
Far� Worth to Participating Cify whereby, subject ta th� terms artd conditians specified be[ow,
Fart Worth wilE administer and sUpervise a regianaf househa�d hazardous waste collec�ion
program, which will be availabl� to households within Participating Ci#y.
3.
TERM
This Agreement shall �e effective from the date the last party has sign�d this agreement
through Septemb�r 34, 2003.
4.
SERVIC�S OF FORT WORTH
Fort Workh agrees to perform the faElowing services for Participating City in connection with the
ECC hausehold hazardous waste ca[lectio� program:
A. Fort Worth wiEl administer a regional household hazardous waste ca[iection pragram.
This program will include the aperation ofi the En�9ro�nmental Col[ection Center, which
w�lf accept for disposal and/or recycling household hazardous wast� �from households
located within Participating City. Fork Worth shall not accept campressed flammab[e gas
containers; radioactive materials; explosives or potentially shock sensiti�e materials;
biological, etiaiogic, and infectiaus materials; wastes from businesses; and any other
wastes that Fart Worth has determ�ned are unacceptable.
B. For� Worth will �mploy or retain personnel to provide #he services necessary to per�orm
For� Worth's obligations in this Agreement.
C. Fart Warth wil[ enter into a contract(s) with waste disposallrecycling firm{s) far the
handling, coflection, transportation, storage, disposal, treatment, recovery, andlor reuse
of hausehold hazardous waste, which is collected at the ECC.
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D_ Fort Wortf� will, if requested in writing by Par�icipating City, pro�ide Pa�ticipating City with
copies af waste maniiests for shipments of waste from the �CC.
E. Fort Worth will, if requested in writing by Participating City, pro�ide F'arkicipating City a
m�nthly re��r� of the Participating City's househalds who disposed of household
hazardous waste af the Environmenta! Collection Cenier or a Mabile Collec#ion E�ent.
F, Fo�t Worth wil� is�ue a�'eport and a bill af t�e end of each quarter detailing ti�e number af
ParticEpating City's households that dis�osed of household hazardous waste at the
En�iranmenta� Collection Center or at a mob[le callection event.
G. Fort Vllorth will act under this Agreement in accordance with a[I applicable state and
federallaws. �
H. Non-For� Worth Mobile ColEection Unit
�. Fort Worth agrees to accept household hazardous was#e from Participating City's
MCU in accordance with Sectian 5, of this agreement.
2. Fort Worih agrees to restock �he items it removes from Participating Gfty's MCU,
however, For� WoriF� shall an�y resfock items listed in Exhibit "A", attached and
i�corporated �erein as if set forth.
Mob�l� Collection E�ents —lJsir�p Fort Worth's lJnit
If Participating City would like to sc�edule a mobile collection event with
tF�e Fo� Worth Mabi[e Collection Unit, Fart Worth will send Parfici�a#ing
City a list af available dates. Participating City will cantact �ort Wortn as
soon as �ossible to schedule the date, time and laeation agreeable to
both parties.
{a} Location
1f Participating City chooses to hold the Mobile Collection Event on
private pro�erty, Participating City snall obfain a signed waiver
from #he owner af the properky 9 week prior ta the event. The
wai��r shall be in the form af Exhibit B or similar form approved by
Fart Worth. The signed waiver must be sent to Fort Worth 1 week
befare the Mobile Collection Event. If the signed waiver is nof sent
to Fart Warth 1 wee�t �efare the Mab9le Collection Event, Fart
Wor�h wfll not send the Fort Worth Mobife Collectifln Unit ta the
event and Participafing City will, in no event, �e �ntitied to any
damages of recovery of ar�y casts, excepi as provided herein.
�b) Availabfe Dates
Participa#ing City acknowledges that For� Worth contracts with
other municipalities and that Fork Worth wi[I be accommodating
each Participating City's request on a first come first served basis.
Therefore, Participating City acknowledges that i#s chasen date to
schedu[e a mabife collection event may be reserved by another
City and Participating City will ha�e to choose another dat�.
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F'ar�icipati�g City will, in no event, be entitled to any damages or
reco�ery of any costs, except as pra�ided herein,
2. At th�e Mobile Coll�ction �vent, Participating City acknowledges and agrees that
Fort Worth shal[ accept household hazardous waste from the first 5Q F�auseholds
that show proot of resideney at the Mobile Collection Event. After the first 50
houseF�olds, F'ort Worth will determine in its sole discretion how much mare
waste it can accept and store proper[y. ff more households arrive at ti�e event
than Fort Worth can accept, Participating Cify will in no e�ent be entit[ed to any
damage of recavery of any casts, except as provided herein.
3. Due to the lack a� starage space at the ECC, Participating City acknowledges
and agre�s that if it requests the Fort Worth Mobile Collection Unit at a mobile
colfection event, a Participating City's Non-Fort Worth Mobile Collection Unit shall
not alsa be at the event.
4. City, ir� its sal� discretion, wiil determin� whether to send the For# Wortn Mabile
Collectian �ni# t� Participating City's Collectior� Ev�nt during adverse weather ar
the threat af adverse weather including but nof 19mited to sleet, snaw, rain, mist or
hail. !n the event Fort Warth determines not to send the Fort Worth Mabile
Colfect�an Unit, Fart Worth shall notify persons lisied in Sectian 5, Paragraph A
and sha�l send a Fort Worth employee to the Participating City's event to tell any
residents that come to dispose of househald hazardous waste; 1} tF�at the Fort
Worth Mobile Ca�fecfion Unit will not be coming fo the event, an�, 2) that the
resident can go to ihe EGC to dispose af the waste and pro�ide a map ta the
ECC.
5.
DUTfES OF PARTICIPATiNG CITY
Par�icipating City agreas to perform the fol[awing duti�s in cannection with the hauseF�old
hazardo�s waste colfection program:
A. Participating City will designate one of its employees, and anather as an alternate, ta act
as its household hazardous waste collsctian coardinator ta interact with Fort Worti�.
Designated person is��+iJ�-f�� ��b+n telephone number: C� l'�� a�-R�'^�S�-C�
Pager number or 24-hour n�mber where he or she can be r�ached: � g'
Afternate person is �-.� ��YO`� telephone n�mber; � 1� ��� °� � 1�,��
Pager nurrtber or 24-hour number where h� or she can �e reached: ��
B. Participating City will caordinate and fund all program adver�ising target�d �o its own
citizens, as it deems necessary. Such ad�ertising shall includ� the type of wastes that
will be acc�pted at the ECC, the requirement of proof of residency and weather
cancellation information.
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C. Pa�ticipating City shall natify its residents of the ECC haurs of aperation and dat�s it is
closed as provided in Section 9"The Environmental Collection Center Hours of
�peration."
D. Participating City may cf�nase to ufiiize a vou�her system for its residen#s in order for
them to bring HHW ta the ECC. If Par#icipating City choases to use such a sysfem, it
shall notify Fort Warth of the decisian, and shall pro�ide �ort Worth with a copy of the
officia� voucher. In addition, if a cit9zen from a Participating City fhat utilizes a voucher
system comes to tne ECC or a mobile coflection e�ent without a �oucher, Participating
City acknowledges and agrees that Fort Worth will not accept the t�ousehold hazardous
waste until Participating City authorizes the acceptance in writing.
E. Participating City may submit a written request far a monthly report listing tf�e number of
its city's househaids that ha�e disposed of household hazardous waste at the ECC flr a
mobile co�lection event.
F. Participating City shal� provide traffic control and sig�age for the mobil� col[ection
even#s, and shal[ pro��de persvnn�l fo assist �ort Worth with the surv�y and� screening
of persons drapping off househald hazardous waste. The par�ies prior to the event shall
agree upon the details of the traffic control, signage, and persannel assistance.
G. Particiqatina Citv's Mabile Collection Units Coliectina Househo[d Hazardous Waste,
Participating City st�all advise the ECC program manager at least 72 hours in
advance af its mobile cQllection events. Participating City shall callect only HHVW
during a mobil� collection event. Wastes fram eommercial, agricult�ral, and
industrial sources shafl not be accepted. Participating City shall not accept
c�mpressed filammable gas containers; radioactive materia[s; explosives or
pofentially shock sensiti�e materials; biological, etialogic, and infectious
materEals; and any other wastes thai Fort Worth has determined are
unacceptable.
2. In accordance with fhe latest DOT requirements, Participating City's MCU
operatars will properly categorize, pacicage, mark, label, and load info the MCU,
all wastes recei�ed at t�e mobile collaction event. R�cy�lable products (used oil,
used oil filters, latex paint, recyclable anti-freeze, lead�acid batt�ri�s, and
fluorescent 1igF�#s) will be segregated into contairiers for recyclables.
3. After accepting wastes, Participating City's MCU operators shall thoroughfy
check each container for proper labeling and ider�ti�ication. If a container is
properly id�niified, the materia� wiU be segregated according to hazard class and
prepared for packaging. lf a contai�er daes not have adequate labeling to permit
identification, #he MCU aperators shall then afitempt to iden#ify the material from
its �hysical characteristics using HAZCAT analysis and from informatian pravided
by the household presenting the waste.
4. The Participating City's MCU operators shall package all hazardous mat�rials in
accordance with United States De}�ar�ment of Transpnrtation (DOT}
requirements, United States Environmental Prc�tection Agency {EPA)
requiremen#s, and afl other applicable federal and state requirements. After aEl
the wastes have been properly iden#9fied and segregated, the MCU aperators will
reexamine the wastes for compatibility, list them on the confainer content sf�eets,
and pack them into drums, Oil-based pair�ts and latex paints sha[1 be bulEced
separately in �5-gallan drums, or if the paint is feft in its container, the p�int can
be pack�d in a lined cubic yard box, and packed and labei�d accardir�g to federal
and state regufations. Participating City sf�afl no# trar�sport waste that is not HHW
ta the ECC. Participating City agrees to make its own arrangements to dispose of
any non-HHW waste collected at the event.
5. Prior ta transpa�ing the HHW from the collection event site(s), Par�icipating City's
MGU operatar� shall camplete a Bill of �ading, and shall kee� the Bifl of Lading
in the cab af the truck hauling #he MCU during fransportation of th� HHW to the
ECG. Participating City shall require that a minimum of one copy of the �atesf
Nor�h I�merican Emergency Response Guidebook be kep# within fF�e cab of the
truck.
6. During #ransportation, Participating Ciiy's MCU aperators shall placard the MCU
far transpartation c�f hazardous waste in accordanee wiih fed�ra[ a�d state law.
7. Upan the ret�rn of the MCU to the ECC, Par#icipating City's MCU operators shall
follow the instr�ctians �f Fort Wor#h regarding th� placement af the MCU for
unloading. Fort Worti� shall take possession of t�e MCU from Participaiing City
after the MCU has been properly parked for un[oading in accordance with Fort
Worth's instruc#ions and af1 required documents have been delivered to th� ECC
program manager or his design�e at the ECC. Fort Worth shall, within a
reasonable amount of time, unload the HHW from fhe non-Fart Vllorth MCU and
store the HHW at ihe ECC.
8. If Fort Worth, in its sale discretion, determines that Participating City's MCU
operators impraperly packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating City shall r�imburse Fort Worth as
set farth in 5ection 10., Paragrap�t B,
9. If a spi11 occurs at ihe ECC while the MCU is stilf in ParticEpating City's
possessior�, Fort Worth shall take contral of the spill response and Participating
City will reimburse Fort War�h for its respanse casts as set forth in Section 1 a.,
Paragraph C.
6.
USE OF WASTE DISPOSAL/RECYCLING �IRMS F'OR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a cantract(s) with was#e disposallrecycling firm(s) for the
handling, collectian, transportation, storage, disposal, treatment, reco�ery, and/or reuse
of household hazardous wast�, which is collected at tl�e ECC.
B. Such firm{s) shall be reguired pursuant to the contracfi(s} to assume generator status far
the waste col[ected, (excluding used ail, lead-acid batteries and antifreeze) to choose a
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disposal site for the waste subject to Fort Wor�h's appro�al, and to indemnify Fort Worth
and participating cities agair�st any and a�l en�ironmental damages and the violaiion of
any and all environmenial requirements resulting from the handling, coi[eeti�n,
transpor�afiion, storage, disposal, treatment, reco�ery, andlor recycfing of waste collected
pursuant to this agreement, whe� said en�ironmenfai damages or the viofation of saicf
enviranmental raq�irements was the result of any act or omissifln of contractar, its
offiicers, agents, empfoyees, or subcor�tractors, or the joint act or omission of contractor,
its officers, agents, employees, or subc�ntractors and a�y othar �erson or entity.
C. i�1E PARilES ��GO�NI�� 'TbAT ALif�OUCH fH� �iR3V'I (5) 1dVI�� �� R�QlJ1FtI�D
�O p►�SUIV�� C�P��RAT�� S�'��U�, iK15 �►SSIJiwPilOt� �+!lILL NOY ��LI�V�
PARiICI�AYING C��Y @� �I�►�IL�iY �OI� �'Fi� WASi� UN��Ft FE��RAL, LAIA!
APl� 5i�►�� �AW. Fart Worth will arrange for recycling vendars for used oil, batferies,
antifreeze, ar�d other materials, as it �eems appropriate.
7.
RE�SE OF COLLECTED MATERIALS
A. Fram iime-to-time Fort Worth will make available to residents and businesses af Fort
Worth, as well as, Partic9pafing City and residents and businesses of Participating Gity
for their use, col�ecfed household hazardous waste materials #hat are suiYable for reuse,
such as paint, fertilizer, mator ail, and antifreeze. Fort V►Jorth shall not charge for any
materials tF�ai are picked up for reuse.
B. Some materials made a�aiEable far reuse may have been consolidated and filiered by
Fork Worth prior ta being made a�ailable. Used antifreeze rrvill have been consolidated in
a barrel, filtered, and PH �alanced, and new antifreeze may have been added to the
barrel. .
C. In regards to materials accepted by Participafing City, �4Ri WOFtib M�,F�FS R!O
Ft]�PRESEfd�'��'IOMS, W�4RR�4i�if�S O� �UA�oNiI�S i�l�►i.
1. the confiainer conients are what the label indicates;
2. the container cantents are those originally placed inta the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. th� contents nf the container have been stored proper[y;
5, the instructions on tY�e container la�el far use, storage, and first aid are current or
correct;
6. the container is in unimpairEd conditian;
7. the praduct is still approv�d for use (i.e., it has nofi been bann�d or recalled); and
8. the product can be used withaut risk to persons, property or the �nvironment.
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�U��M�RMOR�, ALL !f�!l��R�►N�I��, �XPRFSS AIVD liVf�Ll��, �o�
S��CI�'ICA��,Y DFcfdlEl].
D. Participating Cify shall cantact the ECC program manager to arrange a pickup time to
abtain materials. Participating City agrees tnat it shafl not return ta For� Worth, directly or
indirectly, any materials it obtains from Fort Wortn under this paragraph.
E. IN ���AR�S i0 AflATE�f�►�S ACC�PTI�D �Y PA��iCI�A�'iN� C�TY,
�AR�'ICIP�.T[N� CI�Y �O�S H�R��Y 1�JA1V� i��L C��►Ifh�S, II�CLIlD�NC
PR�DUCi`� �IABI�I'TY CLAIIV�S, �►N� R��.EAS�S, AhlD HOL�S FiARIVI��SS ib�
CI�Y O� I��Ri ViIO�tY}i, /�f�� p►�L OF li5 O��'ICIA�.S, OFFIC�RS, �f�PLOYE�S,
,�►C�NiS, AND VD�.UNi�ERS, IN BO�H �H�IFt PU�LIC ARlD ��IVAi�
CAPACIiI�S, �'RDiUT APlY Af�� A��. �I�ILfiY, CL�9►IiNS, SU]iS, ���APlDS,
�X��FV�ES �F LITICA�I�N, OR CAIJSES O�' ACYION liV�l[Cb �11�►Y �.RIS� �Y
RI�ASON O�' Cf�JIJFtY T� PERS�P15, �OSS O� PROP���1(, DAM�C� i0
��OP�RiY, OR LOSS O� U5� O� AF�Y PRO��RiY , OCCAS[OW�D �Y Tl-iG
TR�.NS�O�T�#�'1dN, SiOR�►G�, MA1���ING, �SE, AN� �IS��SA�, �Y
�AR�IC�PAiI�lG C17Y O� ,e►NY fV9ATFRE�S �►CC�P��9 �Y PART[CI��T�N� CI�I(
U[VDER iHlS �4CR��M�NT'�ROf�1Y �ORf WDFtTH,
F. ln regards to ma�erials accepted by residents or businesses of Participatir�g Cities,
�'ORi l�I�RiFi 14�AK�S NO Fi�PR�S�f�`I�A�IONS, VIlARI�AMTi�S O� CUARr4fViI�S
THAY:
�, the container cantents are what t�e la�el indicates;
2, the container contents are thase originally placed into the cantainer by the
manufacturer;
3, the prod�act is of the auality intended for its use; ,
4. the contents of the contain�r have been stored prap�rly;
b, the insirucfions an the con�ain�r labe[ far use, storage, and first aid are current ar
correct;
6. ihe container is in unimpaired condition;
7. t�e product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persans, property or the enviranmenfi.
�'URib�RiV��RE, ALL 11VARR�IVTI�S, EXF���SS r4N� IiwPL[�D, AR�
SF��Ci�ICA��Y ��N[�D,
G. Participating City shall attempt to inform its residents and businesses t1�at �f ti�ey �o #a
the �n�iranmental Ca[lectian Center ta pick up houseF�old hazardous waste for reuse, a
release of liability must be signed to accep� the household �azardaus waste for re�tse.
`[�7
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth sha[I have the ri�i�t to refuse ta accept waste at the
ECC from Partici}aafing Gity's resident and to eject such indi�idual from the premises of the
ECC, if in the reasanable j�dgment of Fort Warth:
A. The waste is nat househnld hazardous waste;
B. The waste faiis ta m�et ofher established criteria established by this Agreement, or that
ha�e been established by Fort Workh subsequent ta the execution of the Agreement;
C. The indi�idual does nat have sufficien# identification ta establish that helshe is in fact a
resident of Participating City;
D. Participating City has implemented a vaucher system for its residents to dispose of
waste, and th� individual does not have a va�id �oucher; or
E. The waste ar the ir�dividual presents a hazard to the ECC or to persons ar property at
the ECC.
9.
ENVIRONMENTAL COLLECTION C�NTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
Durirtg the term of the agreemenf, the ECCs hours of operation are a� follows:
Thursday and Friday 11 :a� a.m. -T:00 p.m.
Saturday 9:Q0 a.m. -3:OQ p.m.
B. Days the Environmental Gall�ctian Center will be closed
Durin� the term af the agreement, the ECC will be closed o� the following days:
Tf�anksgiving Holiday, No��mber 28 -29, 20Q2
Christmas Hoiiday, Decem�er 25, 2002
.]anuary 1, 2003 through January 08, 20a3, for cleanup and repairs
M.L.K. Day January 20, 2003
Memorial Day, May 26, 2003
Independence Day, Jui� 4, 2003
Labnr Day, September 1, 2403
C. Notifying R�sidents
Participating City agrees ta notify its residenfs o# the ECC's hours of aperation and dates it wifl
be closed. Participating City may adve�tise the 24-hour En�ironmental Collection Center
11 � i' �
� j
,. ,
te�ephone number to gi�e its residenis the ErrWironmental Collection Center's hours. The
number is: (817) 871-5257.
10.
C�MPEI�SATIaN
As fair compensatian for the services pravided by Fart Worth pursuant to this agreement:
A. Participating City agr�es to pay Fort Worth the sum ofi $ 50.U0 per househald per visit ta
the ECC or per household for �articipation in a Mobile Collectian Event to dispose of
househoEd hazardous waste.
B. If Fort Worth determines fhat Participating City's MCU aperators improperly packaged
any of the HHW delivered to the ECC, For� Wor�h shall repackage such v+�aste, and
Participating City shall reimburse Fort Worth for it staff time at $20.00 an hour and fhe
cast af suppfies. �
C. lf a spill occurs at the ECC while #he Non- Fart Worth MCU is siill in Participaiing City's
possession, F'ort Worth shafl take cantral of the spill respvnse and Participating City will
reimburse Fort Warth for its response costs of $60.00 per ho�r staf� time and the cost of
supplies.
D. T�e amount due to Fort Worth for services pravided under this Section, Paragraphs A,
B, and C, shall be �illed to Participating City quar#erly. Participating City shali pay Fart
Worth within 30 days of recei�ing a bill from Fort WortF�. If Fort Warth does not receive
payment witf�in 30 days, Fort Worth shaU inform Participating Cify in writin� that ii will not
accept any hauseho[d hazardous wasfe from Par�icipating City's residents and that Fort
Worth will not participate in a mobile collection event or provide a mobile c�llectian unit
until paid.
E, A# fhe end of th� term of this Agreement, Fort Worth sha91 provide a final accoun�ing ta
Participating City, which wilE inclr�de the total number af Participating Ci#y's households
which participat�d in the program, repackaging fees, if any, and tne total cost of spill
response c�arged to Partic�pating City, if any.
F. Pursuant fio fhe requirements of Government Cad� §791.011 (a)(3), the amouni due ta
Fort Worth under Subparagraph D, above shal[ be paid from revenues currEntly
available ta Participating City ir� tY�e present fiscal year.
12
11.
ARTWORK, "CAPTAiN CRIJ� AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Warth Es the owner af "Cap�ain Grud" and the Crud�ies ("�loomer," "�tio," "Pesiie,
"�crub," and "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore all
ownershi� rights befong to Fort Wor�h. Fart Warth has registered fhese marks as service marks
with the Secretary ofi State.
A. Fort Worth hereby grants to Participati�g City a non-transferable, no��exclusive �icense
to use all th� artwork and promntional materials that may 6e pro�ided by Fart Worth to
be used solely in the conduct of t[�e bus�ness of Par�icipating City's dispasal and
recycling of household hazardous wasie programs. If Participating City wishes #o use to
Licensed Art ancf/or Promotional Materials in other limited situations, Participating City
must first obtain express written consent �rom Fort WortF�.
B. Fort Wortn may provide licensed Artwork and Promotional Mat�rials to Participating City
pursuant to the terms �f this Agreement. Participating City acknowledges that by virtue
of this �icense, Participating City acquires only the right ta use the original ar�d permitted
duplicate copies af the l.icensed Ariwork and Promotianal Ma#erials and �aes not
acquire any rights ot ownership in the Licensed ArtwarEc and Pramotional Mate�ials,
which rig�ts shall remain excEusi�ely with Fort Vllorth. If Participating City wants to modify
or change the artwork andlor promotional materials in any manner, Participating City
hereby agrees to contact Fort Worth in writing to obtain written consent before modify9r�g
or changing any artworfc andlor promotional materials.
C. �f Participating City d�sir�s an actor #o portray "Ga�#ain Crud" for an event, Participating
City shall use actors appraved by Fart Worth to portray "Captain Crud" since "Captain
Crud" is owned by Fart Worth. Par�icipati�g City shall be solely responsible for
compensating actor for tf�e setvices pravided to Participating City. Participa�ing City will
contact Fort Worth as soon as possibfe with the date and time of the event agreeable to
both parties to ob#ain ap�ro�al for the chosen actor and to request and pickup the
°Captain Crud" costume fnr its events. For� Warth will pro�ide the "Capiain Crud"
costume. However, Partici�ating City agrees to be liable to Fart Warth for any damage to
the costume or if Participating City fails io return the entire costume to Fort Worth or if
the castume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understoad and agreed that, in the execution of #nis Agreement, none af i�e
participating cifies wai�es, nor shall be nereby deemed to vwaive, any immunity or def�nse that
would otherwise be available to ii against claims arising in the exercise of governmental powers
and functions, and that the services described in ihis Agreement are a governmental function.
13
��
:; ,
13.
FORCE MAJEURE
A delay or failure of Fort WortF� to perform services pursuant fa this Agreement shall be excused
to the extent that the delay nr failure to perForm resul�ed fram a force majeure e�ent, and the
delay ar failure was beyond fhe cantrol �f �ort Worth and not due ta its fault or negligence.
Participating Cify sha�l not ha�e, and hereby waives, any claim whafe��r for any damages
resulting from delays or fail�re to perform caused by a force majEure errent.
'f 4.
TERM�NATION
The parties sf�all each have the right fio terminate the Agreement for any reasan, with ar vwithout
cause, upon thirly (30) days wrift�n natice to tne other party. Upon fermination, the parties shall
be released from all �contracfuaE obligations #a the other pariy excluding "USE OF WASTE
DISPOS,4LIRECYCLlNG FIRMS FOR HOUS�HOLD HAZARDOl1S WAST�"' (Paragraph 6)
"REUSE OF COLL�CTED MATERIALS" {Paragraph 7) and "'ARTWORK, "CAPTAIN GRUD
AND THE CRUDDIES,° AND PROMOTIONAL MATERIALS LfCENSE AGREEMENT'
{Paragraph 11).
�5.
NOTICE
Any notices required to be given under this Agreement shafl be delivered as follaws:
If to Fort Worth:
Brian Boerner, CHMM, Direc#or
Deparkrnent of Environmental Managemert#
City a� �ort Worth
1000 Throckmortan
Fort Worth, Texas 76102
If to Particrqatinq Citv:
�G-�.S � • � � i ,rt � `�-� /`-�c� r�4 �Qt�'
f� � 5..� ,l t�� � C�n IC�� u.� � L t�
:� � c� � it7� r� q. d\K' %i►s�
� ; C ��.�c.� �e Z� C ; �1 r% %1 c �"
18.
ENTIRETY
This Agreement confains af! commitments and Agreements af the par#ies hereto, and no other
oral or writ�en commitments shall have ar�y force or effect if not contained herein, except that
this Agre�m�nt can be amended or modified by the pariies if such amendment or modification is
in writing and signed by Participafing Cify and Fnrt Workh.
14
17.
SEVERABlL1TY
In the event anyone or more af the provisions contained in this Agreement shall for any reason
be held io be invalid, illegal, or �nenforceabla in any respect, such invalidity, illegality, ar
unen�orc�ability sY�all not affect any other praWision thereof and this Agreement shalf be
canstrued as if such inva[id, illegal, or unenforceable pravisions E�ad never been contained
herein.
18.
VENUE
Should any action, r�al or asserted, at law or in equity, arise aut of the terms and canditions of
this Agreement, venUe for said actiar� shall be in Tarrant County, Texas.
19.
AUTHORITY
This Agreem�nf is made for Fort Worth and Partici�aating City as ar� Interfocal Agreement,
�ursUant to Texas Go�ernment Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers andlar agenis af the parties hereto are properly au#f�orized officiais
and have tf�e necessary authority to execute this Agreemen# on behalf of the parties hereto, and
each party hereby certifes ta the other fhat any necessary reso�utions extending such authority
have been duly passed and are now in full force ancf effect.
15 � �����a�:����r���,� I i
,�, ., .
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�
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH
,
By: `.
�.
�.�
��� l� ����.
Lib�y V�atson
Assisfant City Mana�.er
Date: . . ' _ -
.�
APPROVED AS TO FORM
AND LEGALITY:
C�� � �. ��
Assistant City Attorne�
A ST: -
,�
;
,� � -
�- ' {,� `�
�
[3�oria Pearso
City Secreta
�� ����
Contract authorization
0� ��� f��
Date �
L� i-t�l o F 2ic_.t-E c.�� 4� �t��S
:
- ��e��. � 2�
P'�ted name: rx S. 5�-r�t�'
Title: Mayor
Date: �/1r� �b y
r
APPROVED AS TO FORM
AND LEGALITY:
Assisfant City Attorney
ATTEST:
� -
City ecre�ry
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• �,��;�dc
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+^ �'���' ,.. .,�� ���rd.+
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16
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�IJr�Y;i q
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Exhibit °A" .
R�SiO��li�(� �ISi F�� 7F�i� �i��IL� C�LL�C�'I�I� �1NI�
f1Aa�erial p►mounfi Resfiocked Special Needs �emarl�s
5� gallon apen top Amount faken ofF the
drums (open top for trailer
laose packs)
55 gallon drums Amount takan ofF the
(ciosed fop) (o'rl, trailer
antifreeze, buik
flarnmabfe mat�rials
and one extra)
Fiber drums (55 ar 30
gaflon) Aerosols, Amo�ant taken ofF the
acids, bases.and trailer
oxidizers)
Gaylord box [iners
(plastic} Amount taken off the
trailer
55 gallon drum liners
Amaun# taken off the
tr�iler
5 gallon bucicets
{�Iterslhaz chemicals) Amount taken off the
trailer
Survey �orms
Amount taicen off th�
trailer
Labelsldr�m placard
Amount taken off the
traifer
Gaylord boxes
Amouni taken o�f the
trailer
Absarbent pads
Amaunt taken off the
trailer
Vermiculite
Amount taicert off the
traiier
Oil dry
Amount iaken aff the
trailer
Promotional Materials
& Brochures Amount neecled
17
�xhibit "B"
WAIVER AND RELEASE O� LIABILlTY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of �roperty located at
have been asked by the City of ta allaw a mabile collection
event on my property to collect household hazardous waste on the , 2001.
[n consideration of , 1 her�by give my permission #o the City of
to hold a hausehold hazardaus waste collection evenf on my
�raperty in which the City of has asked the City of Fort Worth
to send �ts mobife collection unit fo collect the house�old hazardous waste that is braught ta the
e�ent.
Therefore, in considerafion of , I F�ereby RELEASE,
DISCHARGE, HOL❑ HARMLESS, INDEMNIFY the Cify of Fort Warth or its officers, agents,
and employees and the Gity of and its officers, agents,
andlor employees far any and al� claims, demands, IEability, causes of action, actians or suits of
any c�aracter that i may have against th� City nf �ort Worth or ifs officers, ag�nts, andfor
employees and the City of or its officers, agents, andlor
employees for any proper�y lass or damage, for any and all personal injury including deaih ar
any other damage of any kind ar characfer which may arises or fhat arises �rom al[awing the
City of to hold a hausehold hazardaus waste collsction �vent, in
which #he City of �ort Warth ser�ds its mobiEe colleetion unii on my praperty.
I have read this Wai��r and Refease and fully understand i�s terms and conditians. I have nat
been influenc�d in any extenfi whatsoever �y any r�presentation or statements not can#ained 3n
this Agreemenf. I hereby acknowledge t�at this Waiver and Release is gi�ren in considerat3on of
5ignature Date
Witness
T8
City of Fort YYopih, aTexczs
M�yor and Councsl Commur�ica�io�
DATE REFERENC� NUMBER L�G NAM� PAGE
�i�4roz **�-� 92�� I �2co��ECT � n� z
sue,l��r INTERLOCAL AGREEM�NTS WITH VAR10U5 MUNlCIPALITfES FOR
PART[CIPATION AT THE ENVIRONMENTAL COLLECTION CENTER ' �
RECOMMENDATION,: . �
li is recommended that the City Council authorize tY�e City Manager to execute interlocal agreements
wiih.various municipalitieslentities for �articipation at the Environmenta! Collection Center.
DfSCUSSION:
The City's En�ironmental Collection Center is now iri its sixth year of operation cailectir�g haus�hold
hazardoUs waste from the citizens Qf Fort Worth and surroun�Eng communities on a year round basis.
In arder� for non-Fart Worth citizens to participafe at the En�iranmental Collection Ce�ter, eac�
municipaliiy is required to enter into an interiaca[ agreement with the City 4f Fart Wa�th.
The rate per household for t�e period covered by - tl�ese agreements (October 1, 2002 through
5eptember 30, 2043) is $50AQ. The decrease in the rate is due to receipt of a grant �rom the Ngrth
Central Texas Council of Governments that wiil provide $150,OQQ for disposal casts during FY20Q2-
2003. It is anticipated that -approximately $420,00� will be collected under these agreements. During
FY2001-2��2 twenty-six area cammuni#i�s signed participafiQn agreemer�ts witY� the Ci�y of Fvrt Worth.
For the upcaming year we expect all of those cflmmunities_ ta parkicipate and have had interesi
expressed by six others. -
This agreement flutlines the responsibiliiies of eaeh �arty, es#ab�ishes tY�e rate for participatian, and
delineates the usage af sEr�iee marked, public educatian materia�. The City of Fort 11Varth is
r�sponsible fo� overall operation of. the Enviranmental Callection Genter including contractir�g with a
hazardaus waste disposal company for transporiatian and dis�osa� af materials callected. fhe
fnllowi�g entities have expr�ssed an i�terest (""} or are exp�cted to commit to participation �far the period
actober 1, 2�02 through 5eptember 30, 2�03:
Arfington
Benbroo�
Cieburne
Et�less
Haltom City
KennedaEe�
North Richland Hills
Rasnoke*
5tephenviile
Upper Trinity Regional Water District
White Seitiement*
Azle
Burlesan
Colieyville
Grand Prairie
Hurst
Mansfield
Richlanc� Hills
Saginaw
T�ophy Club*
Venus
Wil�ow Park*
Bedford
Cedar Hill
E�erm�n*
Gra�evin�
Keiler .
Newark
River �aks
Southlake
Un-incorporated Tarrant Cou�ty
WVatauga
cz� o,��op� yvo�h, ����
Mayor �r�d Cour�cil �ommun�ca�io�
1 DATE RE�ERENCE NIJMBER L.pG NAME PAG�
91z41�z ��`C�9 92�� � 52COLLECT , 2 of 2
� SUBJEGT INTER�.00AL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR �
� PARTiCIPATION A7 THE�ENVIRONMENTAL. COLLECTlON CENTER
FISCAL lNFORMATIQNICERTIFIGATION: ' . �
The �inance Director certifies #hat the Enviranmental Management Department wii! be res�onsible for
the colleciion- of funds due under these agreements.
L1111:n
Suhmitted for City Manager's
Office by:
Libby Watson
L�riginat�ng Depurtment Head:
Brian Boemer
Additionul Information Cantact:
' Brian Boerner
� F'UND � ACCO[TNT � CENTER I- AMOUNr
(to)
RiQ3 �4$8220 452110� I
6183 � i -
8079 � (from)
8Q79 I
CI'�'Y SECR�TARY
APPROVED 9124l02
H�over, Shirr�y
_ „��, ���, _ ._ ��� � .
FPom: Terri Willis �twillis@richlandhi!ls.com]
5ent: Tu�sday, November 12, 20�2 9:32 PM
To: Hoo�er, Sh�irley
SubJect; CONTRACT
Shirley,
Ruby �illon mentioned your concern to me regarding our Ci�y Attorney"s sig�ature not being
on the contract, sa I just wanted to �et you it is no� a problem with us. P1easE raturn
one f�11y executed contract �o my attention.
Thank you,
merri Wi11is, CMC
City Secretary
Gi.ty of Richland Iiills
twiliis@richl.andhi��s.com
(817? 299-1810
1