HomeMy WebLinkAboutContract 28351��iY ���R���Y �
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INTERLOCAL AGREEMENT FOR PARTiC[PATI�N IN FORT WORTH'S
ENV[RQNMENTAL COLLECTION CENTER
HOUSENOLD HAZAR�O(JS WASTE PROGRAM
THIS AGREEMENT is entered intfl by and beiween the City ofi Fart Worth, Texas, a hom�-rule
municipal corporation situated in Tarrant and Denton Cour�ties, Texas, h�r�inafter called °Fort
Worth,`" a ting her in by and hrnugh Libby Watson, ifs duly autha�ized Assistant Cify Manager,
and �; oF ���r� a municipality situated in a u , Texas,
hereinaft called "Participating ity," acting h�rein by and through • r its duly
autharized
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, author�zes th� formulatifln of interlacal
cooperation agreem�nts between and among lacal gavernmen#s; and
WHEREAS, Texas Government Code, §799.Q1 � pra�ides that a lacal government may contract
with another to perform governmental functions and services, and §791.003(3}(H) d�fines waste
disposal as a go�ernmental function and service; and
WHEREAS, Texas Gavernment Code, §791.�25 provides that a local government may agree
with another [ocal government to purchas� services; a�td
WHEREAS, Fort Worth and Participating City desire to enter into an int�rlocal agreement
whereby Fort Worth wil! purchase the se�vices of a wasie disposailrecycling firm or firms and
w�ll administer a househald hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions af
Texas Government Code, Chapter 791, also knawn as the �nterlacal Cooperation Act.
NOW THEREFORE, it is agreed as fal[ows:
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DE�fNITI�NS
A. Unless a pravision in t�is Agreem�nt expficitly states otharvtiris�, the fo�lawing t�rms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act �f Gnd means an act flccasioned Y�y the dir�ct, immediate, and exclusive operation
of the forces of nature, uncontroll�d or uninfiuenced by the power of humans and without
human irttervent9on.
Bi11 of Ladin� lists the contents of the mobile collectian unit.
Er�vironmental Ca[lectian Cenfer (ECC) means fhe City af �ort Wnrth Department of
Environmental Management facility located at 6400 Bridge Street, �art Worth, Texas,
which is to be used by Fnrt Worth for th� aggrega#ion af househoid hazardous wastes
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that i�ave been brought to the facility by participating ciii�s' househalds fo�- subseqUent
recyc{ing, dispasal, andbr reuse.
Environmental damaqes means all claims, judgments, damages, lasses, penalti�s, �nes,
liabilitiss �including strict liability), encumbrances, liens, costs, and expenses af
investigation and defe�se of any claim, whether ar not such claim is ultimately defeated,
and of any gaod faith se�tl�ment or judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, fareseeable or unforeseeable, including withouf
limitafiion reasona�le attorney's �ees and disbursemen�s and consultant's fees, any af
whic� are incurred subsequent to the execution af this Agreem�nt as a resuli af tF�e
handfing, callection, transpartation, storage, dEsposal, tr�atment, recovery, andlor reuse
of waste pursuant io this Agreement, or the existence of a violation of enviranmental
requirements pertaining #o same, and including without Iimitation;
{a) Damages far persanal injury and death, or injury to property or natural resaurces;
{b) Fees incurred far the services of attorneys, consultants, cantractars, experts,
laborataries and all other costs incurred in connection with the in�estigation nr
remediation of such wastes or violation of environmental requirements including,
but nat limited ta, the preparation flf any feasibility studies or reports ar the
pertormance of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required hy any federal,
stafe or loca! governmental agency or }�olitica! subdivision, ar otherwise
expended in connection with the existenc� af such wastes or violations af
envirQnmental requirements, and incfuding without fimitation any attorr�ey's fees,
costs and expenses incurrec� 9n enforcing this Agreemenf or collecting any sums
due hereunder; and
(c) Liability to any third persan or governmentaf agency to indemnify such person or
agency far costs expended in cannectian with the items referenced in
subparagraph {b) herein.
EnvirQnmental requir�ments means all applica}�le present and future statufes,
regu[atians, rules, ordinances, cades, licenses, permifs, orders, approvals, plans,
aut�oriza#ions, concessiQns, franchises, an� similar items, of all governm�ntaf agencies,
departmen#s, commissians, boards, burea�ts, or instrumentalities of the United 5tates,
states, and political subdivisions thereof and aCf applicabie judicial, administrative, and
regulaiory decrees, judgmants, and orders relatfng to the pro#ectian af human healtf� or
the environmenfi, including without limitatiar�:
�a} All reauirements, including but not fimited to thos� p�r�air�ing to reporting,
licensing, permitting, in��stiga#�on, and remediation of emissions, discharges,
releases, or threatened re�eases nf hazardous materials, pollutants,
contaminants, or hazardous or toxic substances, materials, or wastes wF�ether
solid, liq�aid, or gaseous in nature, info tt�e air, surface wafer, grour�dwater, storm
water, or iand, or re�ating to the martufiacture, processing, distribution, use,
#reatment, storage, disposal, transport, or handling af poElutants, contaminants, or
hazardous or ioxic su�stances, maferials, or wastes, whether solid, liquid, or
gaseous in nature; and
(b) Ail requirements pertaini�g to tE�e protection af fhe health and safety of
em�loyees or the public.
Farce maieure means decrees of or restraints by a gqvernmental instrumenfality, acts of
God, wark st4ppages due to labar disputes or str9kes, failure of Fort Worth's
contractor{s) ta perform pursuant #fl t�eir a�reements with Fort Worth for the conduct ofi
tY�e coqection of house�ald hazardous waste, fires, explosians, �pidemics, riots, war,
rebellior�, and sabatage.
Household hazardous waste (HHW) means any solid waste generated in a hausehald by
a consumer vvhich, except for the exclusion provided for in 40 CFR § 261.4(b}(1), would
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means the �niform hazardous waste manifest fo�m(s} furnished by ihe TNRCC
to accompany shipments of municipal hazardous wasie or Class 1 industrial solid waste
for waste �rans�orted to a site 9n Texas, or the comparable manifest of the receiving
state if the waste is transported aut ot Texas.
Mobile collection e�ent means a household hazardous wast� colE�ction event by
Participating City �tilizing a mobile callection unit.
Fort Warth Mabile collectian unit (MCU� means a non-self-propelled vehicle used for the
periodic collection af househoid hazarcfous waste by Participating City, nff-site of the
ECC, which is transported to the ECG to dispose af the househo�c� hazardaus waste
caflected at the mobile collection evenf. The Fort WortE� Mobile Collection �nit is
designed to hold the hazardous waste of approximately 5U ta 75 hause�olds.
Parkicipatinq Cities, when used in the plural, m�ans For� Worth, Par�ici�ating City, and all
other entities wl�icF� have entered into i�terlocal agreemen�s with Fort Worth fnr the ECC
household hazardous wast� collection program.
Person means an individuai, corporation, organization, government, or ga�ernmental
subdivision or agency, business trust, partnership, assaciat€on, or any other legal entity.
V1laste has the same meanin� as "sa{id waste" as ihat term is defined in Texas Health
and Safety Code §361.�03, and including hazardous substances.
B, �nless a provision in this Agr�ement explicitly states otherwisE, the following
abbreviations, as used in this Agreement, shaA ha�e the meanings hereinafter
designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary res�ascitation.
DOT - Uniie� States Department of Transportation.
ECC - Envlro�mental Colfection Center.
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EPA - lJnited States Environmental Protection Agency,
HAZCAT - hazardo�s categorization.
HAZW�PER - hazardous waste operations an� emergency response.
HM - hazardous rnaterials.
HHW - household hazardo�s waste.
MCU - Mabile Collsction Unit.
2.
PURPOSE
The pUr�ose of this infierlocal agreement (hereafter "Agreement") is the provision of services by
Fort Worth to Participating City whereby, subject to ihe terms and cflndi�ians specified below,
�ort Worth will administer and supervise a regianal household hazardaus waste coHection
program, wi�ich will b� avaiiab{e to househa{ds within Partici�ating City.
3.
TERM
TMis Agreement shal{ be efFective from the date the last party has signed this agreement
through September 30, 20D3.
4.
SERVICES OF FQRT WORTH
Fort Worth agrees io per�orm the fol[owir�g services for Participating City in connection with the
ECC hous�hold hazardous waste collection p�ogram;
A. Fort Worth wilf adminisfier a regional household hazarc4aus waste collection program.
This program will incCude the operation of the Enviranmental Coliection Center, which
will accept for disposal andbr recycling housahold hazardous wasfe from hauseholds
located witl�in Par�icipating City. Fort Wo�ih shail not accept campressed flarnmable gas
confainers; radioacti�e materials; explosives or potentially shock sensiti�e materials;
biolagical, etiologic, and infeciious materials; wastes from businesses; and any o�her
wasfes that F�rt Wor�h has d�termined are unacceptabis.
B. Fort Worth will employ or retai� personnel to �rov�d� the services necessary to perform
Fort Worth's abligations in this Agreement.
C. Fo�f Worth will enter into a contract(sj with waste disposallrecycling firm(s) for the
handling, collectian, transportaiion, storage, dis�flsal, treatment, recovery, andlor ret�se
of household hazardous waste, which is collected at the ECC.
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D. For� Worth will, if requested in writing by Participatir�g City, provide Participating City with
copies of was�e manifests for shipmen#s of waste firom the ECC.
E. Fort Warth will, if requested in writing by Par�icipating City, pravide Partici�a#ir�g City a
monthly report of fhe Parficipating City's households who CI15pD5�CI of househald
hazardous waste at t1�e Environme�tal Co�lectior� Center or a Mabile Collection E�ent.
F, For� Worth wil! issu� a report anc� a biH at t1�e end af each quar�er detailing the number of
Par�icipating City's households that disposer� of househoEd haza�'dous was�e at th�
Environmental Coilection Canter ar at a mobile coll�ction ever�t.
G. �o�t Worth will act under this Agreeme�t in accordance with a!I applicable state and
federal laws.
H. Non-Fart INor�h Mobile Collection Unii
�. Fort Wor�h agrees to accept hausehol� hazardaus waste from Participating City's
MCIJ in accordance wiih Section 5, of this agreement.
2. Fort Worth agrees to restock the items it removes from Pa�icipating Gity's MCLJ,
however, �ort Warkh shall only restock 9tems lisfed in Exhibit "A", attached and
incorporated herein as if set farth.
Mobile Coll�ction Events --lJsinq Fort Warti�'s Unit
1. If Participating Gity would like to schedule a mobile collection event with
the F'ort Worth Mobile Callection Unit, Fort Worth will send Patticipating
City a]ist of available dates. Participating City will contact Fort Wflrfh as
soon as passible ta scheduEe the date, time and location agreeable to
both parties.
(a) Location
If Participating Ci�y chooses to hald the Mobile Cafl�ction E�ent on
private property, Participating City sha�l nbtain a signed waiver
from the owner of the property 1 week prior to the event. The
waiver shail be in the form of Exhibit B or simiiar farm approved by
Fori Wor�h. The signed waiver mus# be sent to F�rt Worth 1 week
befor� the Mobile Collection Event. If t�re signed waiver is no# sent
to Fort Worth 1 week before the Mobile Collection Event, Fort
Warth will not send the For� Worth Mobile Collecfiion Unit to the
evenf and Pa�ticipating Ci#y will, in no event, b� entifled #o any
damages af recovery of any costs, except as provided herein.
(b) Available Dafies
Participating City acicnowledges t�at Fort Worth contracts with
other municipa[ities and tt�at F'or� Worth will be accommodating
each Participating City's request on a first came frst served basis.
Therefare, Participating City acicnowledges that its chosen dafe to
schedule a mobile collection event may be reserved by another
City and Participating City will ha�e to choflse anotf�er date.
Participating City will, in na event, be entitled to any damages or
recovery of any costs, except as provided herein.
2. At fhe Mobile Coliectian Event, Participating City acicnowledges and agrees fE�at
Fort Warth shall accept househoEd hazardous waste from the t'irst 5Q househaids
that show proof of residency at the Mobile Colfection Event. After the first 50.
hauseha�ds, F'or� Worth will dete�mine in its sole discretion how much mare
waste it car�. accept and stare properly. lf more households arrive at the event
fihan Fort Worth can accept, Participating City wilf in no event be entitled to any
damage of recovery of any costs, except as provided herein.
3. Due fo the lack of storage space at the ECC, Part�cipating City acknowledges
and agrees that if it requests fhe Fort Worth Mobile Collection Unit at a mobile
collection event, a Participating City's Non-Fort Worth Mobile Callection Unit shall
nof also be at th� e�ent.
4. City, in its sole discrefion, will determins whether to send the Fart Worth Mabile
Coliection Unit to Participating City's Callectian Event during ad�erse weather or
the threat af adverse wea�her including but not limited to sleet, snow, rain, mist or
hail. In the evenf Fort Worth determines not to send the Fort Worth Mobile
Coliection Unit, Fari Wor�h shall notify persons fisted in Section 5, Paragraph A
ar�d shall ser�d a�'ort Warth employee to the Participating Ciiy's event to tell any
resider�ts that come to dispose of household hazardous waste; 1) �hat fF�e Fart
Worth Mok�ike Colfection Ur�it wil[ not be coming tQ the event, and, 2} that the
resident can go to the ECC to dispose of t�e waste and provide a map to the
ECC.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees �t� perform the folEowing duties in connection wiih the hnusehold
hazardous waste c�llection pragram:
A. Participating City will designate one of iis employees, and anafher as an alternate, ta act
as its household hazardous waste col[ection coo�dinator fio interact with Fort Worth.
Designated person is: 6���5� ��c.J�arn tefephone num�er.'�5+�� ��� �7 C� �
Pager number or 24-hour number where he ar she can be reached: �¢� ���.�a—
Alternate person is �r-�A+� �c�r-�n s telephone num�er�_�� 7� ��� ���7
Pager number ar 24-hour number where �e or she can be reached: c,�r P��s.s�
B. Partic9pating City will coordinaie and fund all program adver�isir�g targete� to its own
ci#izens, as it deems n�cessary. Such advertising shall include fhe type af wastes that
will be accepi�d at the ECC, the requirement ofi proof of resid�ncy and weather
cancellatinn infarmation.
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C. Participating City shall no��fy its residents of �he ECC hours a� aperation and da�es it is
closed as pravided in Section 9"The En�ironmental CollectiQn Center Hours of
Operatian."'
D. Participating City may chaose fio uti{ize a vauc�er sys#em for its res�dents in arc{er for
them ta bring HHW to the ECC. If Participating City ck�aos�s t� use such a system, it
sha11 notify Fort Worth of the decision, and shall provide For� Worth with a capy af the
official vouct�er. ln addition, if a citiz�n fram a Participati�g City that utilizes a �oucher
system comes to the ECC ar a mobiie cnllection event without a voucher, Participating
City acknowledg�s and agrees that �art War�h will r�ot accept fhe househofd hazardous
waste until Participating City authorizes the acceptanc� in writing.
E. Participat�ng City may submit a written request for a monthly report IistEng the number of
its city's households that have disposed of househoid hazarc�ous waste at the ECC or a
mobile collection event.
F. Part�cipating City shail provide traffic confrol and signage far th� mabile collection
events, and shaEl pro�ide personnel to assist Fort Worth with the survey and screening
of persans droppir�g off hnusehold hazardo€�s waste. The parties prior �o the event shaEl
agree upon the details of the traffic contral, signage, and persannel assistance.
G. Participafin� Citv's Mobile Collectian Units Collectina Hausehold Hazardous Waste
1. Participating City shall advise the ECC �rogram manager at least 72 hours in
advartce of iis mobile co{lectior� events. Participating City shall collect anly HHW
during a mobile co[lection event. Wastes from commercial, agrieultural, and
industriai saurces shall nat be accepte�. Participatir�g CEty shall not accept
campressed flammable gas cor�tainers; radioactive materia[s; expiosives or
potentially sF�ock sensitive materials; biofogical, efiologic, and infectiaus
materials; and any ather wasies tha# Fort Vllarth has dei�rmined are
unacceptable.
2. In accordance wifh the latest DOT requirernents, Participating City's MCU
operators will properly� categorize, package, mark, label, and load into the MCU,
al! wastes received at the mobile collection event. Recyclable proclucts �used oil,
used oil fiiters, latex paint, recyciable anti-freeze, lead-acid batteries, and
fluorescent lights) will be segregated into containers for recyclables.
3. After accepfing wastes, Participating City's MCU operafors shall thoroughly
check �ach container for proper labeling and identi�ication. lf a container is
praperly identified, the rrtaterial will be s�gregated according to hazard class and
prepar�d far packaging. If a container does nnt have adequata labeling to permit
identification, the MCIJ operators shall then attempt tfl identify th� material fram
its physicaf characterEstics using HAZCAT analysis ar�d from information pro�ided
by the household presenting the wast�_
4. The Participating City's MCU operato�-s shall pac�Ca�e alf �azardous materials in
accordance with United States Department of Transportafion (DOT)
requirements, Uniied S�ates Environmental Pratect[an Agency {EPA}
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requi�ements, and all ather applicable federal and state requirements. After a�l
the wastes ha�e �een praperly identifed and segregated, the MCU operatars wil{
reexamine the wastes for compatibility, iist them on the cfl�tainer content sheets,
and pack them into drums. �il-based paints and lat�x paints shall b� bulked
se�aratefy in 55-gallon drums, or if the paint is left in its container, ihe paink can
be packed in a fined cubic yard box, and pack�d and labeled according to federaf
and state regulations. Parkicipating City shal{ not transpart waste that is not HHW
to the ECC. Participating City agrees ta make its own arrangements to dis�ose of
any non-HHW waste collected at the event.
5. Prior to iransporting the HHW from the collection event site{s), Partic�pating City's
MCII operators shall complete a Bill of �ading, and shall keep the 6iil o# Lading
in the cab of the iruck hauling the MCU during trans�artation af the HHW to the
ECC. Participating City shall require that a minimum of one copy of the latest
North Am�rican Emergency Response Guidebook be ke�t within the cab of #he
truck.
B. During transpartatian, Participating City's MCU operators shall placard the MCU
for transportation af hazardflus waste in accarc#ance with federal and stafe law.
7. llpon the return of ihe MCU to the ECC, Participating Ciiy's MCU operators shatf
follow the insfiructions of Fort Worth regarding the placement af th� MCU for
unloading. Fort Worth shall taKe pnssessifln of the MCU from Parkicipatir�g City
after ihe MCU has been properEy park�d for unlaa�ing in accardance wit� Fark
Warth's instructions and aff required documents have been deli�ered to the ECC
program manager or his designee at fh� ECC. Fart Worth shall, withirt a
reasonabfe amnunt of time, �nload the HHW from the �on-Fort Wor�h MCU and
store the HHW at the ECC.
S. lf Fort Wo�h, in its sole discre#ion, det�rmines that Participating City's MCU
operatars improperly pa��caged any of fhe HHW defivered to the ECC, Fart Worth
shall repackage such waste, and f'artic�pating City shall reimburse Fart Worth as
set forth in Secfion 10., Paragraph B.
9. If a spill occurs at the ECC while the MCU is siill in Participating City's
passessian, Fort Wortn s�all take eantrol af the spill response and Parkicipating
City wi�l reimburse Fort Wo�h for its response casts as set fiorth in 5ection 1�.,
Paragraph C.
6.
USE OF WASTE DISPOSALIRECYCLING FIRMS F�R HOUSEHOLD HAZARDQUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposa�lr'ecycling firm(s) for the
handling, collection, transporkation, storag�, disposal, treatment, reco�ery, andlor reuse
of household hazardous waste, which is collected at the ECC.
B. Such firm(s) shall be required pursuant to fhe contract(s) to assume generator stakus for
#he waste collected, (exeluding used oil, lead-acid batteries and antifreeze) to choose a
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disposal site for the wasfe st�bJect to Fort Warth's approval, and to indemnify �ort Worth
and participating citi�s against any anci all envirortmen#al damages and tl�e violatian of
any and all environmental requiremenfs resulting from the handling, colfection,
transportation, starag�, disp�sai, treatment, recovery, andlo� recycfing of wast� collected
pursuant fo this agreement, when said enviro�mental damages or the �inlafian of said
environmental requirements was the result of any act or omission of contractor, its
officers, agents, employees, or subcontractors, or the joint act or omission af contractor,
its officers, agents, employees, ar sufoeontractars artd any oth�r person or entity.
C. TH� PA��I�S ��COCfdI�l� i�IAT A�TWOlJ�H �'H� �I�tM {S) !NlL� B� RE(�lU�RFD
iO ASSUriA� G�N��,�'�R S�AitJS, THiS ASSUMPilO{� Wl�� NO� ��,�ICV�
PARTIGIPAiINC� CITY OF LIA�IL�YY ��R ih1� WpoSY� UIV��R �'����.L LAW
A�V9 S'�'�i� LAW. Fart Worth wiil arrange for recycling ver�dars for used oil, batteries,
anti#reeze, and nther materials, as it deems apprapriate.
7.
REUSE OF CaLLECTED fVtATERIALS
A. From t�me-to-time Fort Warth will make available to resitEen�s and �usinesses af Fort
Worfh, as wefl as, Participating City and residents and businesses of Participating City
for their use, coflected household hazardous waste materials that are suitable for reuse,
such as paint, f�rtilizer, motor oil, and antifreeze, Fort Worth shail not charge for any
materiais that are �icked up for reuse.
B. Some maierials made available for reuse may have been consa{idated and filt�r�d by
Fort Worth prior to being made available. Used antifreeze will have been conso{idated in
a barrel, filterec�, and pH balanced, and new antifreeze may h�ve �een addEd to tf�e
�arrel.
C. 1n regards to materials accepfed by Partic[pating City, �ORT 1lVORib IIfiAK�S NO
RCPR�SEf�YA�[O�IS, W�4��ANiI�S OFi GUARAIViI�S T�IAi:
1. the container contents are what #he labe[ indicaies;
2. ihe container contents are fihose originally pfaced inio the container by the
manufacturer;
3. the praduct is of th� quafity intended for its use;
4. the cor�tenis ofi the container ha�� beer� stored prop�rly;
5. the instrUctions on the container label for use, storage, and first aid are currenf or
correct;
B. the container [s in ur�impaired conditior�;
7. fhe praduct is still ap�raved for use (i.e., ii has not E�een banned or recalled}; and
8, the prnduct can �e used without risk to persons, proper�y or the en�ironment.
�]
FURiHE�MOR�, ALL WpoFtRANil�S, �X�R�SS AA[� III��LI��, A��
S��Cl�1Cp,��Y DFNiE�.
D. Participating City shall contact th� ECC program manager to arrar�ge a pickup time to
obtain materials. Participating City agrees that it s�all nat return ta Fort Warth, �irectly flr .
indirectly, any materials it abtains from For� Worth under this paragraph.
E. IN ��CAR�� TO fVIAi�RIALS �ACC�PT�D �Y '�/�i�T'ICI�AiINC� CITY,
�A►Ri1�IPATINC CI�Y QO�S F�G��BY VVAIV� ALL CL.AIii�S, INC�.UDING
PRODUCiS �IA�iL,IiY CL�.liViS, Af�D R�LEAS�S, AiVD HO�DS bARIV�L�SS TbE
�IY'Y OF �OR'� WBR�'F�, AN� A�L O� IiS O��ICiI�L�, O��IC�RS, �M��BY��S,
AfsEf�TS, AI�� V�LUi�iI�F�S, I{� �OiE� ibFffi PU�LIC AfVD PRIVAT�
CA�ACITIES, I�€�OlVi A�Y A3V� Al�� �I,���I�I�i(, C�IMS, �UI�S, ��MAN95,
�XP�N5�5 O� �171CAilOiV, OR CAUS�S OF �CTION Wi�ICb [i�AY ARISF �Y
R�ASON D� IPlJU�Y f0 ��R�BhlS, �BSS ��' �RO��R�Y, �A�VI�►G� i0
P�OP�RiY, C)� �OSS OF US� OI� AfVY PRQPl�RTY , OCC�►510NED �Y THE
7f�ANSPORiAiIQ�l, S fO�CE, HAlV��1NC, US�, ,4N� D�SPOSp►� �Y
F'p,Ri[CIPAiINC C!T'Y O� AfVY flfIATFRIALS ACCI�PT�� BY PA�TICIPA�'INC CITY
UNDER 1 FD1S A►CR��M�NY f��0�l1 FQRY Fl110��H.
F', ln regards to materials accepfed by residents or businesses of Partic�pating Cities,
���i WC3RTH MAK�S NO R�Q�,SENTAiIOAIS, WA�RANT'l�S O� CUA�ARI'�l�S
THAT: �
1. the container contents are what the label indicates;
2. the container contents are tF�ose originally placed into the c�ntainer by the
manuiaeiurer;
3. fhe product is of t�e quafity intended �For its use;
4. the canients of the cantainer ha�e been stored properly;
5, the instructions on the confainer label for use, starags, and first aid are current or
correc#;
fi. the container is in unimpaired condition;
7. the praduct is still apprav�d for use (i.e., it has nnt been bar�ned or recalled); and
8. khe �roduct can be used witho�t risk to persons, praperty or the environment.
FUR�'H���IIO�E, A�� IaVAR�ARlTlE�, �XF ��SS l�N� I[VIPLIE�, ARE
SP�C[i�ICAl��Y ��WIED.
G. Partic�pating City shall atiempt ta inform its residents and businesses that if they go fo
the Enviror�mental Collection Center to pick up hausef�old hazardous waste for reuse, a
release af 1€ability must be signed to accept the household hazardous was�e for reuse.
10
8,
RIGHT TO REFUSE WASTE
Participating City agrees that �'ort Worth shall hav� the right to refuse ta accept wasie at the
ECC fr�m ParCicipating City's resid�nt and to e�ect such individ�al from the premis�s of the
�CC, if in the reasonable judgment of F�rt Wor�h:
A. The waste is not hausehold hazardous waste;
B. The waste fails to meet o#her estabiished crite�ia esfablished by this Agreement, ar that
have been established by Fort Worth subsequent to the �xecution of the Agreement;
C. The individual does not have su�fi�cient identification to esfablish that hslshe is ir� fact a
resident of Pa�ticipating City;
D. Participating City has implemented a voucher system for its residents to dispose of
wast�, and the indi�idua! does nat have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or proper�y at
the ECC.
9.
ENVlRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operatian
During the term af the agraement, the ECC's hours of operation are as fallows:
Thursday and Friday 11 :00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m.
B. �ays the En�iranmerttal Co[lection Center wifl be closed
During the term of tne agreement, the ECC will be closed on the following days:
Thanksgiving Holiday, November 28 -29, 2002
Christmas Holiday, December 25, 2002
January 1, 2D03 through .lanuary 08, 2003, fnr cleanup and repairs
M.L.K. Day January 20, 20Q3
Memarial Day, May 26, 2003
Independenc� Day, July 4, 2603
Labor Day, Septemb�r 1, 2003
C. Notifying Residents
Participating City agrees to notify its residen�s of the ECC's ho�rs af nperatian and dates it will
be closed. Participating City may advertise the 24-hour �nvironmental Collection Center
11
t�lephone number to give its resid�nts the Environmental Coll�ction Center's hours. The
number is: {817) 871-5257,
10.
COMPENSATION
As fair compensation for the services providec! by Fart Worth pursuant tfl this agreement:
A. Participating City agrees to pay Fart Worth the sum of $ 5�.40 per household per visi� ta
the �GC or per household far participation in a Mobile Collection Event ta dispose of
hous�hold hazardous waste.
s. If Fort Worth determines that Partici�ating City's MCU operators improperly packaged
any of tF�e HHW delivered to the ECC, For� Workh shall repackage such waste, and
Participating City shafl reimburse Fort Wor�h far it staff time at $20.04 an hour and the
cost of supplies.
C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participating City's
possession, Fort Workh sfi�all take controf of the spill respar�s� and Participating Ciiy will
reirriburse Fort Workh far its response cosfis af $60.00 per hour sfiaff fime and the cost of
s�pplies.
D. The amount due �o Fort Wort� for serviees prodided ur�der this Sectidn, Paragraphs A,
B, and C, shall be bilfed ta Participating City quarterly. Par�icipating City shall pay Fort
Worth within 30 days of receiving a bili frnm Fort Worth. [f Fort Worth does naf receive
�ayment within 30 days, Fa�t Worth s�a�l infiorm Participating City i� writing that if will not
accept any household hazardous waste from Participating City's residents and thai For�
Warth will not par�ic�pate in a mobile collection event or pravide a mobife coilection unit
until paid.
E. At the end of the ferm of this AgrEernen#, Fort Vllarth shall provide a final accaunting to
Participating City, which wifl include the total number of Participating City's hous�holds
which par�9cipatecf in the program, repackaging fees, if any, and the total cast af spill
response charg�d to Participating City, if any.
F. Pursuant fio tf�e requirements of Government Cade §791.01'� (a)(3), th� amount due to
Fort Worth under Subparagraph D, above shall be pa�d from revenues curre�tly
available to Participating City in the present fiscaE year.
'I 2
11.
ARTWORK, "CAPTAiN CRUD AND THE CRIJDDIES," AND PROMOTIONAL. MATERIALS
LICENSE AGREEMENT
Fort Wr�rth Es the owner of "+Captain Crud" and the Cruddies ("�laomer," "Dtfo," "�estie,
`"5crub," and "Van Coo") "Gonquer Your Crud,"' and "Crud Cruiser", and therefore all
aw�erst�ip rights �elong to Fart Worfih. Fort Vllar�h �ias registered th�se marks as service marks
with the Secretary of State.
A. Fort Worth hereby grants to Partic�pat9ng City a non-transferab{e, non-exclusive licensa
to use all the arkwark and promotiona! materials that may be pro�ided by Fvrt Worth to
be used solely in the cond�ct of the �usiness of Participating City's disposa! and
recycling of househoEd hazardous waste programs. If Participating Ciiy wishes to use ta
Licensed Art andlor Promotaonal Materials in other i�mited situations, Participat�ng City
must f{rst abtain express wriften consent fram Fart Worth.
B. Fort Wor�k� may provide licensed Artwork and Promotional Materials ta Participating City
pursua�t to the terms of this Agreement. Participating City acknowledges tha� by virkue
of this �icense, Partieipating City acquires oniy the right ta use the original and perrnitteci
duplicate copies of the Licensed Artwork and Promotional Materials and does not
acquire any rights of ownership in the L.icensed Artwork and Promational Materials,
which rights shall remain exclusi��{y witl� Fort Wnrth. 1# Participating City wants ta modify
or change the ar�wark andlor promo#ional materials in any manner, Participating City
hereby agrees to contact Fork Worth in writing to obtain written consent befnre madifying
or changing any artwark andlar promotional mat�rials.
C. lf Participating City desires an actor to par�ray "Captain Crud" for an event, Participating
City shalf use actors appro�ed by Fort Worth tn partray "Captain Crud" since "Captain
Crud" is awned by Fort Worth, Participating City shall be solely responsi�le for
campensating actor for the services provided to Participating Gity. Participating City wil{
cantact Fort Wortf� as soon as passible with the da�e and time of the e�er�t agreeable to
bokh parti�s to obtain approval for the c�osen actor and ta request and pickup the
"Captain Crud" costume far ifs events, �art Worth will provide the "Capta�n Crud"
costume. However, Participa#ing City ag�ees to be fiable to Fart Wo�h far a�y damage to
the costume or if Participating Ciiy fails to retum the entire costume to �'ort Warth or if
the castum� is not refurned in the same condition as �'ece�vec�,
12.
fMMUN1TY
It is expressly unders#aod and agreed that, in the execution of this Agreement, none of the
participating cities wai�es, nar shall be hereby deemed to waive, any imm€�nity or defense that
would ofherwise be availabfe to it against claims arising in the exercise of governmental powers
and funcfions, and that the services described in this Agresment are a governmental function.
13
13.
FORC� MAJEUR�
A delay ar failure Qf Fart Worth �a perForm services pursuant to this Agreement shall be excused
to the exfent thaf the delay or fai�ure to perform r�sulted from a�orce majeure event, and the
delay or failure was beyond the control of For� Warfh and not due to its fault or negligence.
Pari�cipating City shall nat have, and hereby waives, any claim whatever for any damages
resulting from deiays or failure to perform caused by a force majeure event.
14.
TERMINATION
The parties sha11 each �ave the right to terminate ihe Agreement for any reasnn, wiih or without
cause, upon thirty (3Q} days wrifiten notice to the other parky. Upon t�rminatiort, the parties shall
be refeased from all contracival obligations to the oth�r party excluding "USE DF WAST�
DlSPOSAL/RECYCLINC F1RIUfS F�R HOUSEHOLD HAZARDOUS WASTE" {Paragraph 6)
"REUSE QF COLL.ECTED MATERIALS" (Paragraph 7} and "ARTWORK, "CAPTAW CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENS� AGREEMENT'
(Paragraph 11).
'l 5.
NUTICE
Any notices requieed to �e given under this Agreement shail be delivered as follows:
(f fo �ort Warth:
Brian Boemer, CHMiV�, D�rector
Depar�menf of Enviranmental Management
City of Fort Worth
100Q Throckrnortan
Fa�E Worth, Texas 7fi 102
lf to Participating Citv.
�15Gi �VLGc1Sa r�
.�'l� v� �z 1�� �-�
� �� . ��� �
�iz��o � "�x �lol��
�
16.
�NTIRETY
Tnis Agreement contains all commitments and Agreements of the parties h�retfl, and no oth�r
oral or written cammitmer�ts shall ha�e ar�y force ar efF�ct if not cantair�ec� herein, �xcept that
this Agreement can be amended or mnditied by the parties if such amendment or madificafion is
in wri�ing and signed by Partici�ating Ci#y and F'ort W�rth.
14
17.
S�VERABILITY
In ihe event anyone or m�re of the provisions contair��d in this Agreement shall for any reason
be held to be invalid, illegal, ar un�nfarceable in any respect, such invalidity, illegality, or
unenforceability shall not affec# any other provision thereof and this Agresment shal! be
construed as if such invalidz iflegal, or unenforcea�i� provisions had never been co�tained
herein.
�8.
1/ENUE
Should any actian, real or asserted, at law or in equity, arise out of the terms and canditi�ns of
this Agreement, venue for said aciion shall be in Tarrant Caunfy, Texas.
19.
AUTHORiTY
This Agreement is made for Fort Worth and Par�icipating City as an lnterlocal Agreement,
pursuant to Texas �o�ernment Code, Chapter 791.
20.
AUTHOR1ZATlON
The undersigned officers andlar ag�nts of the partiss h�r�to are properly authorized afficiafs
and have the necessary authority ta execute this Agreement on behalf of the parti�s hereto, ar�d
each party hereby certifies to the other tnat a�y nec�ssary resalu�ians extendEng such authority
have be�n duly �assed and are now in full force and efFect.
15
EXECIJTED IN TRIPLiCATE
CITY OF FORT WORTH
sy: � r-,
/
L.ibby Watson
Assistant Gity Mana er
Date, �I y Sfld�
APPROVED AS T� FORM
AND LEGALITY:
��R.�o
Assistar�t Cifiy Attarney ��
Contract authorization
� � �-�-r � � �.
Date
�.i � lO �r �a..��w� �t,�
V
By:
., �
,
PrEnted name: ; ' ' �
Title: '
Dafe: ; � '
APPROVED A5 TO FORM
AND LEGALITY:
R,s�r�:-City Attorney
ATTEST:
. ~ _ � � S
1
�/�_-�,�.1�- _ � -
City Secretary
16
-�q���
Exhibit "A"
RFSTOCKIN� L��i �O� iH� ���11�� �O���CTIO� Ui�lT
irll[aferial � /�mounfi Restociced
[
55 galfan op�n top Amount fiakEr� off the
drurns (open top for trailer
loose packs)
55 gallon drums Arr�ount taken off the
(closed to�} (oil, trailer
antifreeze, bulk
flarr�mable materials
and one extra)
Fiber drums �55 or 3D
gallon} Aerosols, Amount taken off the
acids, bases and trailer
nxidi�ers)
Gaylord box liners
(plastic) Amount taken off the
trailer
55 galion drum finers
Amount taken off the
trailer
5 gallon buckets
{f Iterslhaz cf�emicals) Amount taken ai# the
trailer
Survey Forms
Amount taken off the
trailer
Lab�fsldrum placard
Amaunt taken aff the
�railer
Gaylord boxes
Amount taken off the
trailer
Absarbent pa�s
Amaunt taken off the
trailer
I Verm�culite
Amount taken off the
trailer
Oil dry
Amount taken off the
trailer
Promotional Materials
& Br4chures Ama�nt needed
�pecial iVeeds � Remarks
17
E/���[.�I} IF[SH
�� ti �a
WAIVER AND REl.EASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at
ha�e been aslted by #he City of to allow a mobile collectian
event on my property to collect household hazardaus waste on the , 2001,
ln consideration of , I hereby gi�� my permissian to the City of
to hold a hausehald hazardous waste collection event on my
praperty in which the City of has asked the City of Fort Worth-
to send its mobile collectian unit fia collect the hausehald hazardous waste that is braught to the
event.
Therefore, in cansideraiion of , l he�eby RELEASE,
D{SCHARGE, HOLD HARMLESS, fNDEMNIFY the Ci#y of Fori Worth or its officers, agents,
and employees and fhe City of anc! ifs �fficers, agents,
andlor employees far any and all clairrms, demands, liability, causes of actinn, actians or suits of
any character that I may i�ave againsi the City nf �art Worth or its officers, ag,ents, an�lor
emplayees and the City of or its affic�rs, agents, andlor
employees for any property loss or damage, for any and all persanal ir�jury including death or
any other damage of any kind ar characi�r which may arises qr that arises from allowing �he
City of ta ho{d a household hazardous waste collection event, in
which the Gfty of Fort Worih sends its mabile coilect9on unit an my prQperty.
l F�a�e read this Waiver and Release and fully understanci its terms and canditions. I haW� not
been influenced in any extent whatsoe�er by any representation ar staiements not contained in
this Agreement. I h�reby acknowledge that this Waiver and Release is given in consideration of
Signature Date
Witness
�S
�`ity af �'o�t T�T�o�th9 T'exas
yr�r �d ���r��j� ������i���i��
DATE REF�.RENCE NUMBEF2 LOG IVAME PAG�
912�4102 **�_� ���� � 52�OLLECT 1 of 2
sue�ECT INTERLOCAL AGREEMENTS WfTH VARIDUS MUNICIPAL.ITI�S FOR
PARTICIPATj�N AT THE ENVIRONMENTAL COLLECTION CENTER
REC�MMENDATI4N;
It is recomm�nd�d that the City Council authorize the Cifiy Manager ta execute in#erlocal agreements
with �arinus munici�alitisslenti#ies for participation at the En�ironmental Collection Center.
17�Y�1b�yC�7►�
The City's En�ironmental Callection Center is now in its sixth year of opera�ion col[ecting hausehald
hazardous waste from the c�tizens of Fort Worth ar�� surroun�ing communities on a year round basis.
1n arder for non-Fart Worth citizens to participate at the �n�ironmental Callec#ion Center, each
municipality is required to �nter into an i�terlocal agreement with the City of Fort Worth.
The rate per household for the period cvvered by fihes� agreements (October �, 2�02 through
September 30, 2003) is $50.00. The decrease in the rafe is due to receipt af a granfi from the North
Central Texas Council af Gavernments that will provide $15Q,000 for disposal costs during FY2002-
2403. It is anticipated that apPraximately $A�20,000 will be collected under these agreements. During
FY20Q1-2Q02 iwenty-six area c�mmunities sign�d par#icipation agreements with the City of Fort Wor�h.
For tMe upcoming year we expect all of those communities ta participate and ha�e had interest
expressed hy six others.
This agr�ement outlines the responsibilities of �ach party, establishes the rate for part�cipation, and
delinea#es the usage af service marked, public education material. The City of �'ort Worth is
responsible for o�erall aperatian of the En�iror�men#af Collection Center ir�ciuding cantracting with a
hazardous was#e disposal company for transportation and disposal of materials collected. The
fnllowing entities ha�� expressed an interest (*) or are expected to commit ta participatian for the period
October 1, 2Q02 through September 30, 2003:
Arlington
Benbrook
Cl�burne
EU�E55
Haltom City
Kennedale*
Narth Richland Hifls
Roanoke�'
Stephenville
1Jpper Trinity Regianal Water Dis#rict
White Settlement�
A�fe
Burlesan
CoUey�ille
Grand Prairie
Hurst
Mansfield
Rict�land Hills
5aginaw
Trophy Club*
Venus
V1li�low Parl�*
Bedford
Cedar Hill
Everman*
Grapevine
Keller
Newar{�
River Oaks
Sauti�lake
Un-incorporated Tarran� County
Watauga
C`ity of Fo�t Wo�th, T'eacas
i�a�►�' �d ��e��ci� ������1�afi��
DATE R�FERENCE NUMBER LOG NAM� PAGE
9/24/02 *���19��� 52COLLECT 2 of 2
�UB��cT INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
PARTICIPAT[ON AT THE ENVIRONMENTAL CDLLECT[ON CENTER
F15CAL INF�RMATIONICERTIF'ICATION:
The Finance Direc#or certifies that the Environmental Management Depa�tment will be respansible for
the collection of funds due und�r these agreements.
LW:n
Submitted for City M�nager`s
Office by:
I Fi11VD
I (to}
� R103
1�CCOUNT I C�NT'ER ' AMOUNT
CITY SECRETARY
Libby Watso❑ 6183
Originating Dap�rtmenf Head:
Brian Bnerner
�
SQ79 I (from)
Additianal Infvrmation Cantact:
48822Q Q521100
�
�
�
APPROVED 9/24/b2
Brian Boerner 8079
�ity o��'o�i Wo�t�i9 T'ex�c�
�y�� �r�� ������I �a�rtr�r��������rr
DATE REFERENCE NUMBER LOG NAME PAG� �
9I24102 **��,� 92�� ' ��COLLECT I � af 2
suB�Ecr INTERLOCAL AGR�EM�NTS WITH VARIQUS MUNICIPALITiES FOR
PARTICIPATl�fV AT THE ENVIRONMENTAL COLLECTIOfV CENTER
I RECOMMENDATION:
li �s recammended that the City Counci! authorize t#�e City Manager to exect�te interlacaf agreements
with various municipalities/enti#ies for participation at the Enviranmenta� Coll�ction Cen�er.
D15CU5510N:
T�te City's Environmental Collection Cer�ter is now in i#s sixth year of operatian collecting household
' hazardous waste from the citizens of Fort Worth and surra�andir�g communities on a year rour�d basis.
� fn order for non-Fort Worth ci#izens to {�articipate at the Environmental Coll�ction C�nter, each
municipali�y is rc�quired to enter into an interlocal agreement witi� the Ci#y o€ Fort Worth.
The rate per household for the periad covered by tf�ese agreements (October 1, 20U2 through
� September 30, 2003} is $50.00. The decrease in the rate is due #o receipt of a grant from the North
� Central Texas Cauncil af Governments that will �rovide $150,000 €or dispasal casts during FY2D02-
20Q3. It is anticipated that approximately $420,Q00 will be coqected under these agreements. During
FY2001-�002 twenty-six area communities signed partictipation agreements with the City of Fort Wa�th.
I For the upcomEng year we expect a�l of those communi#ies to particip�te and have had inierest
' expressed by six others.
This agreement outlines the responsi�ilities vf each party, establishes #he rate for participatian, and
delir�eates ihe usage of senrice mark�d, p�blic edt�cation material. The City af Fart Worth is
responsible for overail operation of the Environmer�tal Collectian Center including contracting with a
hazardous waste disposal company for transportatian and disposal of materials collected. The
follawing enfiiies har�e expressed an interest (*) or are ex�ected ta commit to part�cipation #or the p�rioc!
October 1, 20U� through Sept�mber 3Q, �Q03;
Arlingtvn
Benbrook
Cleburne
E�rless
Haltom City
Kennedale�
i�orth Richland Hiils
Roanoke*
Stephenville
Upp�r Trinity Regionai Water District
White Settl�ment�`
Azl�
Burleson
Colleyvilie
Grand Prairie
Hurst
Mansfield
Richland Hills
Saginaw
Trophy Club*
Venus
Wiilow Park*
Bedfiord
Cedar Hill
Everman"�
Grapevirte
Kefler
Newar�c
River Oaks
Southlake
Un-incorporated Tarrant County
Watauga