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iNT�RLOCAL AGREEMENT F�R PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL GOLLECTION CENTER
HOUS�HOLD HAZARDOUS WASTE PROGRAM
THIS AGRE�MENT is entered into by and betweer� the City of Fort Worth, Texas, a home-rule
municipal carporatian situated in Tarrant and Denton Caunties, Texas, hereinafter called "Fort
Worth," acfing herein by and through Libby Watson, its duly authorized Assistanf City Manager,
and (�,t�I-� n-F -��-,ou�{-I,�ic��- a municipality situated in�arrQ�[- ('�,�c►�-�� Texas,
hereinafter� called "Participating City," acting herein by and through �� C'aru�� its duly
authorized Gsf�t� �'Vl �.�a�� .
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, autharizes the farmulation ofinterlocaf
cooperation agreements between and among loca[ governments; and
WHEREAS, Texas Gvvernment Code, �79�.0� 1 provides that a local go�ernment may contrac�
with another ta perForm gnvernmental functians and services, and §791 A03(3)(H) defines waste
disposal as a governmental function and service; and
V'JHEREAS, T�xas Government Cade, §79� A25 provides that a local go�ernment may agree
with another local government to purchase services, an� �
WHEREAS, Fart Worth and F'arkicipating City dasire to ent�r into an inter�acal agreement
wher'eby Fort Warth wifl purchase the services of a waste disposaVrecycling firm or firms ar�d
will administer a household hazardous waste caElection program; and
WHEREAS, Fort Worth and Participating City mutua[ly desire to be subject ta ihe pro�isians of
Texas Government Code, Chapter 791, also known as the Interlocal Cooperatian Act.
NOW THEREFORE, it is agre�d as follaws:
1.
❑EF[NITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the fallowing terms ancf
phrases, as used in this Agreement, shall have the meanings hereinafiter designated.
Act of God means an act accasioned by the direct, immediate, and exclusive operation
of the farces of nature, uncantrolled or uninfiluenced by the power of t�umans and wifhout
human intervention.
�ill of Ladinq lists the contents of the mobile col[ection unit.
Enviranmental Collection Center (ECC} means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge 5treet, �ort Worth, Texas,
whici� is to be us�d by Fori Worth for tne aggregation of household hazardqus w��t���.
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tF�at have been brought to the facility by participating cities' households for subsequent
recycling, disposal, andlar r�use.
�nvironm�ntal damaqes m�ans all cfaims, judgments, damages, bsses, pena[ties, fiines,
liabili#ies (inclt�ding strict fiaE�iliiy), encurnbrances, liens, casts, and expenses of
investigatian and defense af any claim, whether or not such c[aim is ulfimately defeated,
and of any goad faith settlement or 3u�gment, of whatever kind or �ature, contingent or
atherwise, matured or unmat�red, foreseeable or unforeseeable, Er�cluding withau#
limitation reasonable attorney's fees and disbursernents and car�sultant's fe�s, any of
whicli are incurred subsequent to the execu#ian af this Agreement as a result of t�e
handling, collection, transparkafion, siorage, disposal, treatment, reco�ery, and/or reuse
of waste pursuant ta this Agreement, or the exis#ence of a violation of en�+ronmenta[
requir�ments perEaining to same, and including wit�out limitation:
(a) Damages for personal injury and dea#h, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, cansultants, contractors, experts,
laboratories and all other costs incUrred in connection with tne investigation or
remediation of such wastes or �iolatian o� environmental requirements inc[uding,
but na# limit�d to, the preparatian of any feasibility $tudies or reports or the
p�rFormance af any cleanup, reme�iation, remaval, response, abatement,
containment, closure, restoratio� ar monitoring work required by any federal,
state or local governmental agency or political subdivisian, or otherw9se
expended in connection with the existence of such wastes or violations of
environrr��ntal requirements, and including withaut limitation any attorney`s fees,
casts and expens�s incurred 9n enforcing this Agreement ar callecting any sums
due hereunder; and
(c) Liability ta any third persor� or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in
subparagraph (b) hereEn.
Enviranmental reauir�ments, means all applicable present and future statutes,
regu�ations, rules, ordinances, codes, ficer�ses, permits, arders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all ga�ernm�ntal agencies,
departments, commissions, boards, bureaus, or instrumentalities of the lJnited States,
stat�s, and political subdi�isions thereof and all ap�licable judicial, administrati�e, and
regulatary decrees, judgments, and arders relating ta the protecfion of human h�aEth or
the environment, including witi�aut limitation:
(a) All requirements, including but not limited to #hose pertaining to reparting,
]icensing, permitting, investigation, and remediation c�f Emissions, discharges,
refeases, ar ff�reatened releases of hazardous materials, pollutants,
contaminants, or hazardous or toxic substances, materials, or wastes whet�er
solid, [iquid, or gaseous in nature, into #he air, surFace water, graundwater, sform
water, or iand, ar relating to the manufact�tre, processing, distributian, use,
freatment, storage, disposal, fransport, or handling of pollutants, contaminants, ar
hazardous or taxic substances, materials, or wastes, whether solid, liquid, or
gaseous in nature; and
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(b} All requirements pertaining to the protection af the health and safety af
employees or the public.
Force maieure m�ans decrees ofi or restraints by a governmental insfirumentality, acis of
Gad, work stoppages due to labor disputes or strikes, fail�re of Fort Wortf�'s
cflntractor(s) to perfa�m pursuant ta their agreements with Fort Worth for the conduct ot
the collection of household hazardaus waste, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Househofd hazardo�s waste �HHW1 means any solid waste generated ir� a household by
a consumer which, except far the exclusion peovided for in 4D CFR § 261.4(b){1), wouEd
�e classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform E�azardous waste manifest form{s} furnished by the TNRCC
ta accompany shipments of municipaf f�azardous waste or Class 1 industriai solid waste
for waste t�ansported to a site in Texas, or the comparable manifiest of the recei�ing
s�ate if tf�e waste is transported out af Texas.
Mobile collection e�ent means � I1DL15��10Id hazardous waste collection event by
Participating C[ty u#ilizing a mobile callectinn unit.
Fort Worth Mobile collection unit (MCU), means a non-seEf�propelled vehicle used for the
periodic collec#ian of ha�sehold hazardous waste by Participating Ciiy, off-site of the
ECC, which is transported to the ECC ta dispose af the househo�d hazardaus waste
ca[lected at the mabile coliecfion event. TF�e �ort Worth Mo}�ife Callection Ur�it is
designed ta hnld the hazardous waste of approximately 50 to 7� hauseho1ds.
Particiqatina Cities, when used in the plural, means Fort Worth, Participating Ciiy, and al!
ather entities which have �ntered into int�rlocal agreemen#s with Fart Worth for the ECC
hous�hold hazardaus waste cfllEection program.
Person means an individuai, corporation, organizaiion, government, or gaverr�mental
subdiv�sian or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined ir� Texas Health
and Safety Code §3fi�.003, and including hazardous substances.
B. Unless a provisian in this Agreement explicitly states oth�rwise, the fallowing
abbre�iations, as used in this Agreement, shall have the meanings hereinafter
designated.
CERCLA - Comprehensive En�ironme�tai Res�onse, Compensatior�, and Liabilify Act.
CPR - cardiapulmonary resuscitation.
DOT - United States Depar�ment of Transpor�atian.
ECC - �r�viranmental Collection Center.
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EPA - United States Environmental Pro#ection Agency.
HAZCAT - hazardous categorization.
HAZWOPER - haza�do�s waste operations and emergency response.
HM - hazardaus ma�erials. �
HHW - h�usehofd hazardous waste.
MCU - Mobi[e Coll�ctian Unit.
2.
PURPOSE
The purpose of this in#erlocaf agreement (hereafter "Agreement") is fhe provision of services by
Fort Wortf� to Par#icipating City whereby, subject to the terms and conditions specified belaw,
Fort Wor�h will administer and supervise a regiona� hausehold hazardous waste coll�ction
pragram, which will be a�ailable to hauseF�ofds within Participating City.
3,
TERM
This Agreement shalf be e�Fecti�e from the date the last party has signed this agreement
through September 30, 2003.
4.
SERVICES OF FORT WORTH
Fart Worth agress to pertorm the fol�owing services for Par�icipating City in connection with th�
ECC household hazardous waste colfection program:
A. Fort Wor�h wi[! administer a regional household hazardous waste collection program.
This program wil[ include the operation af the Environmental Col�ection Center, which
will accept far disposal and/or recycling househald hazardous wast� from households
located within Participating City. Fart Workh shall rtoi acce�t compressed flammabfe gas
containers; radioactive materia{s; exp�osives or patentially shock sensitive materials;
biological, etiologic, and infecfiious materials; �rvastes from businesses; and any ather
wastes that Fort Worth has determined are unacceptabl�.
B. Fart Worth wilf emplay or retain persanne! to provide the ser�ices necessary to perform
Fort Worth's obligatEons in this Agreement,
C, Fort Worth will enter into a contract{s) with waste disposallrecyc[ing �rm(s) for the
handling, coElectian, transportation, starage, dispasal, freatment, reco�ery, andlor reuse
of hausehald hazardous waste, which is collected at the EGC.
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D. Fort Wor�h will, if requested in wrifing by Participa#irtg City, pravid� Participating City with
co�ies of waste manifests far shipmenis of waste from th� ECC.
E. For� Worth will, if requested in writing by Parkicipating City, �rovide Participat�ng City a
monthly report of the Par�icipatir�g City's housel�olds wha disposed of householci
hazardous waste at the Enviro�mental Coll�cfion Center or a Mobile Cvlfection Event.
F, Fort Workh will issue a report a�d a bill at the end of each quarter detailing the number of
Pa�ticipating City's hausehofds that disposed of ho�sehold hazardous waste at th�
Environmental Colleciian Center ar at a mobile collection eveni.
G. Fart Worth will act under this Agr�ement in accordance with all applicable state and
federal laws.
H. Nan-Fart Worth Mobile Calleciian Unit
1. Fort Worth agrees to accept household hazardous waste from Participating City's
MCU in accordance with Section 5, of this agreement.
2. Fort Worth agrees to restock the items it removes from Participating City`s MC�,
howe�er, Fort Workh shall anly restock iiems li�ted in Exhibit "A", attached and
incarparated h�rein as if set forth.
L Mobile Collection Even#s —Usir�a For� Wor�h's Unit
If Participating City would like ta schedule a mobile cflllection event wEth
ihe Fart Worth Mabile Collection Unit, For� Wor�h will send Participating
City a[ist af available daies. Participating City will con#act Fart Worth as
soan as possible to sch�dule the date, time and Iocation agreeable to
bath parties.
(a} Location
lf Participating City c�ooses to hold the Mobile Collection E�ent on
private proper�y, Participating City shall obtain a signed waiver
�ram the owner of the �roperty 1 week prior tc� the even#. The
waiver sha[I be in #he farm of Exhibit B or similar form appro�ed by
Fort Warth. The signed waiver must be sent to Fort Worth 1 week
before the Mobile Collection Event. [f the signed waiver is not sent
to Fort Warth 1 week before the Mobile Col[ection Event, Fort
War�h will not send the Fort Worth Mobile Callection �nit io the
e�ent and Par�icipating City wi][, in no e�en#, be entif[ed to any
damages of rec�very of any casts, except as pro�ided herein.
{b} Available Dates
Participating City acknowledges that Fort Worth contracts with
other municipalities and that �art Worth wiU be accommodating
each Participating City's request on a first come first served basis.
TF�erefore, Pa�ticipating City acknowledges that Ets chasen date to
schedule a mobile co[lection ever�t may b� reserved by another
City and Parkicipating City will have to choosa another date.
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Participating Cify wil[, in no e�ent, be entitled to any damages or
recovery of any costs, excepf as provided herein.
2. At the Mobile Co[lection Event, Participating City acknawledges and agrees fF�at
For� Worth shall accept household f�azardous was#e from the first 50 households
that shaw praof af residency at the Mobile Collection Event. After the first 50
househa�ds, Fort Worth will determin�: in its so[e discretfo� how much mare
waste it can accept and store proper�y. If more hausehalds arrive a# the e�enf
than �'ort Worth can accept, Participafir�g City will in no e�ent be entit[ed to any
damage of reco�ery af any costs, except as pra�idad h�r�in.
3. Due to the lack of storage space at the ECC, Participating City acknowledges
an� agrees that if it requests the Fort Wor�h Mobile Collection Unit at a mabile
collection e�ent, a Participatir�g City's Non-Fart Worth Mobile Collection llnit shaEl
no# a�sa �e at the event.
4. City, in its so�e discretinn, will determine wheth�r to send the Fort Worth Mobile
Collectian Unit to Par�icipating City's CoElection �vent during adverse weather or
the tl�reat of adverse weather including but nat limited to sleet, snow, ra9n, mist or
hail. In the �Went �ort Worth determ�r�es not to send tY�� Fort Worth Mobi[e
ColEectian LJnit, F�rt Worth shall notify persons listed in Section 5, Paragraph A
and shall send a Fort Worth employee to the Partic9pating City's event #n tell any
residents that came to dispose nf household hazardo�s waste; 1} that the Fort
Worth Mabile Collectian LJnit will not be coming to the e�en#, and, 2) that the
resident can go to the ECC ta dispose of the waste and provide a map to the
ECC.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to p�rform ti�e follawing duties in connection with the F�ousehald
hazardous waste collection program;
A. Participat9ng City wi�l designate ane of its employees, and another as an alternate, to act
as its household hazardous waste collectian coordinator to interact with Fort Worth.
Designa�ed person is: f-�a��r-� �� �� � f telephone number; �� 7' y�� �'� I�
Pager number or 24-hour numberwhere he or she can be reached: �'� I 7�"�a�1-�7�4�-5
Alternate p�rsan is �� 2 la �i � v�� felephone number: � I�l -`� � t-��7
Pager number Qr 24-hour number where he or she car� be reached: S�r7 -�l�i �-`�7�t�
B. Participating City will coordinate and fund all program advertising targeted to its own
citizens, as it deems necessary. Such advertising shall include the type of wastes that
wil! be accepted at the ECC, the requirement af proaf of residency and weath�r
cancel�ation information.
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C. Parfiicipating City shall notify its residents af the ECC haurs af op�ration and dates it is
closed as pro�ided in Seciion 9"The Enviro�mental Collection Cent�r Haurs af
Operation."
D. Participating City may choose �o utilize a voucher system far its residents in order �or
them to br�ng HHW to the ECC. if Participating City choases tn use, such a system, it
shall notify Fort Worth af the decision, and shail provide Fort Worth with a copy of the
official voucher. In addition, if a citizen from a Participating City that utilizes a r�oucher
system comes to the ECC or a mobiie coalection event without a �ouch�r, P�rticipa#ing
Cify acknowledges and agrees that Fart Worth wil[ not accept the household hazardaus
waste �ntil Participating City authorizes the acceptance in writing.
E. Participating City may submit a writ#en request far a month[y repo� listing the number of
its city's households that have disposed of E�ousehold �azardous wast� at the EGC or a
mobile collection event.
F. Participating City shall provide traffic contral and signage for the mobile collec#ion
events, and shali pro�ide persor�nel to assist Fort Wort1� with the survey and� screening
of persons drappir�g aff househo�d hazardo�s waste. The parties prior ta the event shall
agree upon the details of ihe traffic c�ntrol, signage, and personnel assisfance.
G. Participatinq Citv's Mobile Collectian Units Coifectina Household Hazardous Waste,
1. Participating City sha�l ad�ise the ECC program manager at least 72 �ours in
ad�ance af its mobile collection events. Participating City shall colfect anly HHW
during a mobile collection e�ent. Wastes fram commercial, agricultural, and
industrial sources shall not be accepted. Participating City shall not accepfi
compressed fEammabEe gas containers; radioactive materials; explosi�es or
potential[y shock sensiiive materials; biological, etiologic, and infectious
materials; and any other wastes that Fort Worth has determined are
unacceptable.
2. In accardance with the latest DOT requirements, Participating City's MCU
operators will proper[y categorize, package, mark, label, and load into the MCU,
all wastes recei�ed at the mobile collectian event. l�ecyclable producis (used oif,
r�sed oil fiilters, latex paint, recyclable anti-freeze, Iead-�cid batteries, and
fluorescent lights) wi�l be segregated into containers for recyclables.
3. After accepting wastes, Pariicipating City's MCU operators shall thar�ugh[y
checic each container far prtiper labeiing and identification. If a can#ainer is
propefly identified, ihe material will be segregated accarding to hazard class and
prepared for packagi�g. If a cantainer does not have adequate labeling to permit
identificaiion, ihe MCU operators shall iY�en attempt io identify the material from
iis ph�ysical characteristics using HAZCAT analysis and from information pra�ided
by the household presen#ing the waste.
4. The Participating City's MCU operators shall package all hazardous materiaEs in
accordance with United 5tates Department of Transporta#ion (DOT)
requirements, Unifed States Environmental I'rotection Agency (EPA)
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requirements, and all other applicable federal and state requirements. After a[i
fhe wastes f�ave been proper�y iderttified and segregafed, the MCU operators will
reexami�e the wastes for eompatibility, I[st them on the cantainer content sheets,
and pack them irato drums. Oil-based paints and latex paints shall be bulked
separately in 55-gallon drums, or if the paint is lefit in its container, the �aint can
be packed in a lined cubic yard box, and packed and label�d according #o federal
and state regu�atiar�s. Participating City shall not transport waste that is not HHW
to fhe ECC. Partici�ating City agrees to make its own arrangemen#s to dis�ose af
any nan-HHW wast� collected ati the event.
5. Prior #a transparting fF�e HHW fram the caflection event site(s), Partieipating City's
MCU operators shall campfeie a BiII of l.ading, and shall keep the Bifl af Lading
in the cab of the truck hauling the MCII during transportation of t}�e HHW to the
ECC. Participating City shall require that a minimum of one copy of the latest
North American Emergency Respanse Guidebaok be kept wi�hin the cab of t�e
truck.
6. Durirtg transportation, Participating City's MCU operators snal� placard #he MCU
far transportation of nazardaus waste in accardance with federaf and state law.
7. Upon #�e return of the MCU to the ECC, Participating City's MCU operators shail
foliow the instructions of Fort Warth regarding tF�e placement ofi the MCU far
unloading. �'art Worth shal[ take possession of the MCU fram Participating City
affer the MCU has been properly parked far �n�oading in accordance with Fort
Warth's Enstructians and all required documents have been delivered to the ECC
program manager or hfs designee at the ECC. For� Worth sha[I, witl�in a
r�asonable amount of iime, unload the HHW �rom the non-Fort Worth MCU and
store the HHW at ihe ECC.
8. If Fort Worth, in its sal� discreti�n, determines that Participating City's MCU
aperators improperiy packaged any of the HHW defivered to the ECC, Fort Worth
shall repackage such waste, and Participating City shall r�imburse Fort Worth as
set forth in Section 10., Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participa#ing Gity's
possessian, F'ort Worth shall take cantra� of the spil� respanse and Participating
City will reimburse �'ort Worfh for its r�sponse costs as set forth in 5ection 1 �.,
Paragraph C.
6.
USE OF WASTE DISP�SALIRECYCLING FfRMS FOR HOUSEHOLD HAZARD�US WASTE
A. Fort Worth will enter in#o a contract(s) with waste disposallrecycling firm(s) for the
handling, callec�ion, transportation, storage, disposal, treatment, recovery, and/or reuse
of househofd hazardous wasie, which is collected at the ECC.
B. S�ch firm{s) shall be required �ursua�f ta the contract(s} to assume �enerator statu5 for
the wasie collecf�d, (excfuding used oil, lead-acid batteries and antifreeze) to choose a
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disposal site for tha waste subject to Fori Worth's ap�roval, and to indemnify Fo�t Worth
and partieipaiing cities against any and afl environmental damages and the violation of
any and al[ enrrironmenta[ requireme�ts resulting from fhe handling, coUection,
transportation, starage, disposal, tr�atment, reco�ery, andlor recyclir�g of waste collected
pursuant ta this agreement, when said environmental damages or the violation of sa9d
environmental requiremenfs was th� result ot any act or om[ssion of corttractor, its
officers, agents, employees, ar subcontractors, or the jnint act ar omission of contractor,
its of�i�ers, agents, employees, or subcantractors and any ather person or entity.
C. �H� PARTIES ��CBGNIZI� iHA� �►�TbOU�H �H� �1RAfl {S) WiLL B� R�C�UIRI�D
TO ASSUfVI� ��f��V4A�O�i STAiUS, �'HIS �►S�Ui�P�'l�N 1l11'C�� f�OT REL[�1I�
�AR'�ICIP�TIP!(� �I�Y' O� LIA�I�tiY V�OFt T};� WI�►ST'� 11PlDE� ����RA� L,dW
�,RlD ST��� �AW. Fort Wor�f� will arrange fo� rec�cling ��ndors for used oil, batt�ries,
antifreeze, and other materia[s, as it deems appropriate.
7.
REUS� �F COLLECTED MATERIA�.S
A. From time-to-time For� Worth wi[I make available to residents and businesses of Fort
Warth, as welf as, Participating City and residents and businesses af Participating City
fo� their use, collected househoEd hazardaus waste materials that are suitable for r�use,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge f�r any
ma#erials that are picked up for reuse.
B. Some materia[s made available for reuse may have been cansolidaied and filtered by
Fort Worth prior ia being made ava9lable. Used ar�tifreeze will have been consalidaied in
a ba�re�, filtered, and pH balanced, and r�ew antifreeze may have been added to the
barrel.
C. Ir� regards ta materials accepted by Participating City, �ORi 1�1���'H 1V�AK�S R!O
���R�S�A�iAT10N5,1�IdARRARlYI�S OR CLIA�ANil�S TbA7:
1. the cantainer contenis are what the label indicates;
2. the container contents are those originally placed inta the container by the
manufacturer;
3. the prnduct is ofi the qua[ity intended for its use;
4. t�e eon�ents of the cantainer have been stored properly;
�. the instruciions an the container Iabel for use, storage, and first aid are current ar
carrect;
6. the container is in unimpaired candition;
7. the product is stiU approved for use (i.e., it has nat beer� banned or recal{ed); and
8. ff�e product can be used without risk to persons, property flr the en�9ronment.
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�URiH��IV�O��, ALL W,�oRR,4fViI�.S, �X���SS AN� IM��[�D, AR�
SPECI�fG�►��Y DFPlI��.
D. Participa�ing City shall contact the ECC progr'am manager fo arrange a pickup tim� to
obtain mafierials, Participating City agrees that it shall not return ta Fort Worth, directly or
indir�cily, any materials it obtains from Fort V�lorth under this paragraph.
�. IA! R�C/�R�S TO iVYA��R�A�,S �CC����� �Y �AR�ICIPAiIWC C1�Y,
����1�IPAiING CI�Y DO�S FiER�BY WAlll� A�,� Cl�AINfS, IiVC�U�ING
PRQDLlC�S �fA�1�liY CL�.IflliS, �►A!D REL�AS�S, AND HO��S HARML�SS T}��
CIYI( �� FOFtT WC1�iH, AA!❑ ALL O� IiS OFFICIALS, O�I�IC�RS, �fVi��OY��S,
/4{��NiS, AhlD VO�Ut�i��RS, IN �OiH iH�IR PU�LI� �N� �F�Il�f-,°T�
CAP�CI71�5, �ROM AWY AN� ALL LIA�I�ITY, CL�111V�5, SUIiS, D�f�A4F��S,
E�X��IVS�S D� Ll"iilCAiIOAl, OR G�►US�� OF AC�ION VNRIGH fViAY �►RIS� �Y
F��ASOI� O�' INJURY TO ��RSOf�S, L05S OF P����RiY, DAl1�AG� �8
PROP���1(, �R LOSS O� US� OF ANY F'ROPE�tfY , OCCAStOML�� �Y T'I�1�
iRAAlSPQ�iAi�Oh�, Si��AG�, HAid��.[I�G, US�, AN� �lISP05�►L BY
P���'1C1Pp►iI�IG Ci�'Y O� Af�Y NiA�'�RCA�S ACC����� �Y PA�71C1��►�ING C1T1(
UN��R i�-tl1S AGRf��IV�Ef�T' ��O[� FOFZ.T lNC7R�b.
F. In regar�Es to maferials acc�pted �y residents or businesses of Participating Cities,
�ORi VidQRTH iVi�►K�5 P!O RE���S�NiAiIORlS, W�►RRANT'I�S OR C�UAR�►PlT1�S
TbAT:
'! . the container contents are what the labe[ indicates;
2. the contair�er cantents are those originally placed into �he container by the
manufacturer;
3. th� product is of the quality intended for its use;
4. the contents of the container ha�e been stored properly;
5, the instructions on the container fabe! for use, storage, and first aid are eurrent or
correct;
6. fhe cantainer is in unimpaired condition;
7, tf�e prodtact is still appraved for use (i.e., it has not been banned ar recalled); and
8, tF�e produci can be used withaut risk to persons, �roperty or the environment.
�U��H��t�VIOFtE, AZ� 1dVARR�NTI�S, �.XPF�ESS ANA INYPLI��, ARE
SPI�CIFICA��Y 9�N1ED.
G. Participating City shall attempt to inform its residents and bus�nesses that if they go to
ihe Environm�nial Collection Center to pick up hausehold hazardous waste for reuse, a
release of Iiability must be signed to accept the ho�sehold hazardous waste for reuse.
�a
8.
RIGHT TO REFUSE WASTE
Participating City agrees ihat Fort Worth shal[ ha�e the right ta refu�e ta accept wasi� at the
ECC from Participating C�iy's resident and to eject such individual from the premises of the
ECC, if in the reasonabEe judgment of Fart Workh:
A. The waste is not household hazardo�s waste;
B. The waste fails to meet other established criteria established by this Agreement, or that
have been established by Fort Warth subsequent to tf�e execution of the Agreement;
C. The individual cEoes not have sufficient identificat9on to establish that helshe is in fact a
resident of Par�icipating City;
D. Participati�g City has implemented a �oucher system #or its residents ta dispase of
waste, and the indi�idual daes not have a valid vnucher; ar
E. The waste or the individua[ presents a hazard to the ECC or to persons or property at
tf�e ECC.
9.
ENViRONMENTAL COLLECTION CENTER HDURS AND DAYS
OF OPERATI�N
A. Hours of 4peratian
Durirtg the term of the agreement, the ECC's hours of operation are as fallows:
Thursday and Friday � 1:00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m.
B. Days the Environmental Collection Center will be clossd
During the term af the agreement, the ECC will be closed on the follovwing days:
Thanlcsgi�ing Holiday, Navember 28 -29, 2002
Christmas Holiday, December 25, 2a02
Jan�ary �, 2003 through January 08, 2003, for cleanup and repairs
M.L.K. Day January 20, 2DD3 �
Memorial Day, May 26, 2003
Independence �ay, July 4, 20Q3
Labor Day, Septamber 1, 2003
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operati�n and dates it will
be closed. Participating City may advertise the 24-hoUr Environmental Collection Center
�1
telephane number to give its residents the Environmental Caflection Center's hours. The
number is: (81'7) 871-5257.
10.
COMPENSATION
As fair compensatian for th� services provided by Fort Wor�h �ursuant to thi5 agreement:
A. Participating City agrees to pay Fort Worth the surn of $ 50.00 per nousehold per �isit to
fhe ECC or per housel�old for participation in a Mobile Callection Event to dispose of
hauseF�old hazardous waste.
B, If Fort Worth determines that Participating City's MCU aperators improperly packaged
any of the HHW deli�ered ta the ECC, Fort Worih shall repackage s�ach waste, and
F'articipating City shal� reimburse Fort Worth for �t staff time at $20.p0 an hour and the
cost of s�ppfies.
C. If a spill occurs at the ECC while fhe Non- Fort WortY� MCIJ is still �n Participating City's
possession, Fort Worth shall take control of th� spill response and Participating City will
reimburse �'ort Worth for its response costs af $60.00 per hour staff time and the cost of
supplies. .
D. The amount due to �o�t Wor#F� for services provided under #his Section, Paragraphs A,
B, and C, sha�l be billed to Pariicipating City quarterly. Participa#ing City shall pay For�
Worth within 30 days of recei�ing a bill from Fort Worth. If For� War�h does not receive
payment within 30 days, Fort Worth shall inform Partici�ating City in writing fhat it wi[I not
accept any househald F�azardous waste fram Participatir�g City"s residents and tF�at �ort
Worth will not participate in a mobile collectiorr event or pro�ide a mobile colEectian urtit
until paid.
E, At ihe end of the t�rm of t�is Agreement, Fort Wor�h s�all pravide a ftnai accounting to
Partic9pating City, which will include the total number of Participating City's hauseholds
which par�icipated in the program, repackaging fees, if any, and the total cosi of spiil
response cnarged to Participating City, if any.
F. Pursuant to the r�quirements of Go�emment Code §791.014 (a)(3), the amount due to
Fart Wor�f� under Su6paragraph D. abo�� shall be paid from re�en�es current[y
a�ailable #o Participating City in the present fiscal y�ar.
12
11.
ARTWDRK, "CAPTAIN CRUD AND THE CRLID�IES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Capfain Crud" and the Cruddies ("�loomer," "Otio," "Pesfie,
'"�crub," and "Van Goo"') "Conquer Your Crud," and "Grud Cruiser", and therefore all
ownership rights belong to Fort Worth. Fort Workh has registered these marks as service marks
with the Secre#ary of State.
A. Fort Wor�h hereby grants to Participating City a non-transferable, n�n-exclusive license
to use al[ the artwork and promotional materials fihat may be pravided by Fort W�rth ta
be used snfely in the conduct of the business of Participatir�g City's disposal and
recycling of household hazardous waste pragrams. If Participating City wishes t� use to
Licensed Art andlor Promotional Materiais in other limited situations, Participatin� City
mtast first obtain express written consent fr�m Fort Worth.
B, Fort Worth may provide licensed Ar'twork and Promotional Materials #o Participating City
pursuant to the terms of this Agreement. Participating City ackr�owledges that by vir#ue
of this Lic�nse, Par�icipating City acquires anly the r9gnt tfl use the original and permitted
dup[icate capies of the Licensed Ar[wark and PromotioRa! Materials and does not
acquire any rights af ownership in the License� Artwo�k and Promotional Materials,
which rights shall remain exclusively with Fort Warth. [f Participating City wan#s to modify
�r change tf�e artwork andlor promotiona] materia�s in any manner, Participating City
hereby agrees to cantact �ort Worth in writing to obtain written cansent befare madifying
or changing any artwork andlor promotianal materials.
C, If Pa�ticipating City desires an actor to portray "Captain Crud" for an e�ent, Participating
City snall use actors approvea by Fart Workh to portray "Captain Crud" since "CaPtain
Crud" is owned by Fort Worth. Participating City sha�l be soleiy responsible for
compensating actor for tt�e services pro�ided to Parkicipating City. Participating City will
contact Fart Worih as soon as possible with ti�e date and time af the e�ent agreeable to
both pariies io obtain appro�al for the chasen actor and to request and pickup the
"Captain Crud" costume for its events. �art Worth wi[I provide the "Captain Crud"
casf�me. However, Participating City agrees to be liable to Fort Worth for any damag� to
the costume or if Participating City fails to return the entire castume to Fort Wortf� ar if
the cosiume is nat returned in the same canditior� as received.
12.
1MMUNITY
It is expressly understaod and agreed that, in the execution of this Agreement, none of the
participating cities waives, nor shall be hereby deemed to waiv�, any immunity or defens� tt�at
would atherwise be a�ai�a�le to it against claims arising i� the exercise of governm�ntal powers
and funcfions, ar�d that the services described in this Agr�ement are a governmental functio�.
13
�
13,
FORCE MAJEUR�
A delay n�- failure of Fort Worth ta pertorm services pursuant to this Agreement shall be excused
to the extent that fhe de�ay or failu�e to perform resulted from a force majeure e�enf, and the
delay or fai�ure was beyond the control of Fort Worth and not due io i#s fault or �egligence.
Participating City st�all not have, and hereby waives, any claim whatever for any damages
resulting from delays or faifure to perForm caused by a farce majeure event.
'f 4.
TERMINATEON
7he parties s�all each have the right to terminate the Agreement for any reasort, with or without
cause, upon thirty (30) days written notice to the o#ner party. lJpon termination, the parties shall
be released fram alI canfractuai abligations to the other party exc[uding "USE O� WASTE
DISPOSAL/RECYC�ING FIRMS �OR HOUS�HOL,D HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MATERIAL5"' (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTf4NAL MATER[ALS LICENSE AGREEMENT'
(Paragraph 11 }.
15.
NOTICE
Any notices required to be gi�en under this Agreement shafl be deli�ered as follows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Department of Environmenial Managamen#
City of Fort Workh
1 �QO Thracfcmarton
For� Wor�h, Texas i61 a2
If to Participatina Citv:
�1 l l ll�,(L �I+ "!� l.�d�'�L� I�' EG�l�IQG`�Q��
.E'-l'� �u k la,�� � 1
��� i)� � `�r'✓! �'�P-�
u-(-!� [ c.�.l�P, �'�e. �[a � �1 � ��r �-
1B,
ENTiRETY
This Agreement contains all commitments and Agreements of the part9es hereto, and na ather
orai or written commitments shal! have any force or effect if nat contained herein, exc�pt fhat
this Agreemen# can be amended or madifi�d by tf�e parties if such amendment nr modification is
in writing and signed by Participating City and �'o�t Worth.
�4
17.
SEVERABIL.ITY
In th� �vent anyone ar more of the provis9ons contained in this Agreement sha11 for any reason
be held to be inva[id, illegal, or unenfnrceable in any respect, sucf� invalidity, i![egality, or
unenforceability shall nat affect any other provision thereof and this Agreement shal! be
construed as if such invalid, illegal, or unenfarceable provisior�s had never been contained
herein.
18.
VENUE
Shouid any action, real ar asserted, at law ar in equity, arise out of the terms and condifiaons of
this Agreement, �enue for said action shall be in Tarrant County, Texas.
19.
AUTHORlTY
This Agreement is made for Fort Worth and Participatir�g City as an Interlocal Agreement,
pursuant to �'exas Government Cade, Chapter 791. �. �
20.
AUTHORIZATl�N
The undersigned officers andlor agents of the parties hereto are praperly authorized officials
and have the necessary authorify to execute this Agreement on behalf of the parties h�reta, and .
each party hereby certifies to the other �hat any necessary resolutions extendir�g such authority
have been duly passed and are now in full force and effect.
15 - �,
�
�XECUTED !N TRIPLICATE
CITY OF F�RT WORTH,
By: �
�
�,
E.ibbyVllatsor� ���
Assistant City �J[ana�er
Date: �'
� ,
APPROV�D AS TO �ORM
AND L�GALITY:
� � �-��
Assistant City A#tomey �
ATT�$T:
Y� , r _ !) -
�-� /!_ �{�,
Gloria Pear n
Cit Secret ry�
Y _
� � � �t�7� J
Contract authorization
��1�� �
Date
��k� �' �,,�� la1�e
(
By:
�
Printed name: �c.l� �-f'a <,t.r
Title� Maynr
Date: I� ��!-0 ��
APPROVED AS TO FORM
AND LEGALITY:
�
Assistant City Attorney �
ATTEST:
� V �« � ' � `-`�'i
City Secretary
16
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I �
Exhibit "A"
R��Y�C�If�C �j�� �'OR TF�� ���I�� ��LL�CiI�N UNI�'
IU�aterial Amounfi I�es4ocked Sp�cial Pleeds � Remar�Zs
55 gallon open top Amount taken aff fhe
drums (�pen top for trailer
loose pacf�s)
55 gallon drums Amflunt faken off the
(closed top) (oil, trailer �
antifreeze, bulk
f�ammable materials
and one extra)
�iber drums (�5 ar 30
gallon) Aerosois, Amount taken off the
acids, bases and trail�r
oxidizers}
Gaylord box lir�ers
(plastic) Amaunt taken ofF fihe
trailer
55 gallvn drum liners
Amount taken off the
trailer
5 gallon buc�Ceis
(filterslhaz chemicals) Amount taken off the
trailer
Survey F'orms
Amount taken off the
traifer
Labelsldrum pfacard
Amount taken off the
�railer
Gaylflrd boxes
Amount taken off the
trailer
Absorbent pads
Amount faken off the
trailer
Vermiculite
Amount taken off the
traiier
Oil dry
Amo�nt taken off tt�e I ,
� trailer
' Pfomotional Materials
& Brochures Amount needed
17
Exhibi# "B"
WAIVER AND RELEASE OF LIABILITY F'OR C�LLECTION OF HOLJSEHOL❑
HAZARDOIJS WASTE
I being thE awner of praper�y located a�
ha�e been asked by the City ofi to allow a mobile colEe�tian
event an my praperty to collecf household hazardous wa�te on the , 2a01.
In consideratian af ,! hereby gi�e my permissian to the City of
to hold a household hazardaus waste collection event an my
property in which the City of has asked the City of Fort Wort�
t� send its mobile coElection unit to coUect the household hazardous wasfe that is brought to the
er�ent,
Therefore, in consideration of , I hereby R��EASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of �ort Worth or its ofFicers, agents,
and empioyees and the Cify of , and 9ts ofFicers, agerats,
and/or emplayees far any and al1 claims, demands, liability, causes of action, actions or suits of
any character that I may have against the City of Fort Worth or its afficers, agents, andlor
emplayees and t�e City of or its officers, agents, and/or
employees for any property loss or damage, for ar�y and all persanal injury including death or
any other damage of any kind ar character which may arises or that arises from afiowing the
City of _ to hold a household hazardous waste collectian e�ent, in
which the City of Fori Worth �ends its mobile ca[lection unit on my properfy.
1 hav� read this Wai��r and Release and f�lly understand its te�ms and conditions. f have not
been influenced in any ex�ent whatsoever by any repres�ntation or statements not contained in
this Agreement. I here�y acicnawledge fhat this Wai�er and Release is given in consideration of
Signature Date
Witness
18
City o, f.�'ori Worih9 Texas
���� �r�� �,��n��Q �������������
DATE REF�RENCE IVUMBER LOG NAM� PAGE
9124102 '**�-19��� 52COLLECT � of 2
SUBJECT INTERLOGAI. AGREEMENTS W1TH VARIOUS MUNICIPALfTIES FOR
PARTICIPATION AT THE ENVIRONMENTAL COLLECTf4N CENTER
RECOMMENDATION: .
It is recammended fhat fhe City Council aufh�rize tE�e Cif�r Manager to execute inter[ocal agreements
with variaus municipalitieslentities fior participation at the En��ronmental Collection Center.
DISCUSSION:
The Cify's Environmentaf Collection Center is now in its"sixth year of operation colleciing household
hazardous waste from the citizens af Fart Worth and surrvunding communities on a year round basis.
In order for non-Fort Worth ci#izens to participate at the Envi�onmental Callection Center, each
municEpality is required #o enter into an interlocal agreement wifih the City of Fart Worth.
The rate per household for the period coWered by these agreements (Qc#a�er 1, 20Q2 thraugh
5eptember 30, 2Q03} is $50.00. The decrease in the rate 9s due to receipt of a grant from the North
C�ntfal Texas Council of Go�ernments that will provide $'E 50,000 for disposal costs during FY2QQ2-
2Q03. It is ant9cipated that appraximately $420,044 will be collected under thes� agreements. During
FY2Q0�-2�a2 iwenty-six area communitie"s signed parkicipation agreements vu�ith the City nf Fort Worth.
For �he upcoming year we expect all of those communities to participate and have had interest
expressed �y six others�.
Tnis agreemeni outlines tY�e responsibilifies of �each party, estabEishes fhe rate for participation, and
delineates the usage of service marked, public educafion material. The City of Fort Worth .is
�esponsibfe for overall operation .of the Environm�ntal Callection Genter inc{uding contracting with a
hazardous waste disposa� company for transportation and disposal of materials collected. The
following entit�es have expressed an �nterest (*) or are expected to commit fo participation for the period
October �I, 2002 through 5eptember 30, 2003:
Arlington
Benbrook
Cleburn�
Euless
Haftom City
Kennedale*
Narth Richland HElls
Raanok�*
5tephen�ille �
Upper Trinity Regional Water District
White Seftlement*
Azle
Burlesan
Colleyville
Grand Prairie
Hurst
Mansfield
Richland H�IIs
Saginaw
Trophy Club*
Ver�us
Wi11ow Pa�k�`
Bed�ord
Cedar Hill
Everman�'
Grapevine
Keller
N�wark
Ri�er Oaks
Southlake
Un-incarporafed Tarrant Caunfy
Watauga
�/� - --- ..�._
,
C'ity of �`o�t T�TTorih, �'exas
���� ��� �,�����1 �a�������rt��r�
DA7E REFER�NCE NIJMBER LOG NAME PAGE
� 9124102 **�_� 9a�� 52COLLECT 2 of 2
�u�J�cr INTERL.00A� AGREEMENTS WITH VARIOUS MUNIC[PALITIES �OR
PART�CiPATION AT THE ENVIRONMENTAL. COLLECT�ON CENTEF�
FISCAL INF�RMAT[ONICERTIFICATION:
The Finance Di.rector certifiss that #ha Environmental Management Department wfll b� r�sponsible for
the collection of funds due under these agreements.
LW:n
Submitted far Ciiy Manager's
Of�ice by: �
Libby Vl�atson
OrigiQaEing Department Head:
Brian Soerner
� E`UND I ACCOUNT I CEI�ITER
� (to}
R9Q3 �88220 4521100
6183
8079 (from)
AMOUNT I Cl'I'Y SECRETARY -
Additional Informatfon Cantact:
$rian Boerner
8079
�
�
�
� APPROVED 9/24/�2
�