HomeMy WebLinkAboutContract 28026� ; � �;, �; �; �E�'Y ���R�T�i��' �
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INTERLOCAL AGR�EMENT FOR PARTICIPATION IN �ORT WORTH'S
�NVIRONMENTAL COLLECTION CENTER
HOUSEH�LD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City ofi Fort Worth, Texas, a home-rule
municipal corparation situa#ed iri Tarrant and Dentan Caunfies, Texas, hereinafter called "Fort
Worth," acting herein �y and ihrough L.ibby Watsan, ifs duly authorized Assistant City Manager,
8fld Citv o�Tn _ R-i ch1 a H-i 1 1� a municipality situated in T�rrant Coun�y, T8Xa5,
hereir�after call�d "P�f'flCl�}�ffCl� CI�y," acting F�etein by and throug�t tiarry Cunningham �ts duly
authorized cf�v r�ana�e� .
WITNESSETH
WHEREAS, Texas Government Code, Cfiapter 791, autharizes the formulation af interlocal
cooperatian agreemen#s between and among local govemments; and
VIIHEREAS, Texas Government Code, §79�,a11 provides that a loca� gflvernment may contract
with anather to perform governmental functions and services, and §791.003(3)(Hj defines waste
�isposal as a governmental fi�nctifln and service; and
WHEREAS, Texas Gavemment Code, §791.025 provides that a[ocal government may agree
with another local government to purchase serrrices; and
WHEREAS, ��rt WflrtF� and Pariicipating City desire to enter into an interiacal agreement
whereby Fort Warth wili piarchase #he services of a vwaste disposallrecyc[i�g firrn or �irms and
will administer a household hazard.ous was#e collection pr�gram; and
WHEREAS, Fork Worth and Participating Giiy mutually desire to be subject to the pravisions of
Texas Government Code, Chapter 791, also icnown as the interlocaf Cooperafion Act.
NOW THERE��RE, it is agreed as follows:
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DEFIN�TIONS
A. Unless a provi�ion in this Agreement explicitly stafes otherwise, the faflowing terms and
phrases, as used in this Agreement, shall have the meanings her�inafEer designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation
af ihe forces af nature, uncontrolled or uninfluenced by the �ow�r of humans and without
f�uman intervention.
Bil� of Ladinq lists #he contents of the mobile cQllection unit.
Enviranmenial Collection Center fECC) means the City af Fort Worth Depar�ment of
Envirflnmental Manageme�# facili#y locafed at 8400 Bridge Street, Fart Worth, Texas,
which is fo be used by Fort Worth for the aggregation of househald hazarcfous wastes
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thaf hav� been braughf to the facility by participating cities' househaCds fQr subsequent
recycling, d�sposal, and/or re�se,
Environmental damaaes means a!I claims, judgments, damages, IQSS£5, penalties, fines,
iiabilities {inciuding s#riet liabiii#y}, enc�mbrances, liens, costs, and exp�nses of
�n��stigatian and defense af any c[aim, whefher or not such claim is ultimatefy defeated,
and of any good faith set#]ement or judgment, of whatever kind or nature, cantingent or
atherwise, matured or unmatured, foreseeable ar unforeseeab)e, including wifhaut
iimitation reasonab�e attnrney's fees and dis�ursem�nts and cansultant�5 f�BS, any of
which are incurred subsequent to the �xecutian of this Agreement as a resuif of the
handling, collecti�n, transportation, starage, disposal, treafinent, reco�ery, and/or reuse
of waste purs�tant ta this Agreement, or ihe ex�stence of a violatian of environmental
req�irements pertaining to same, and including without limitation:
(a) Dam�ges for p�rsanal injury and death, or injury to prape�y ar natural resources;
(b} Fees incurr�d for the services ofi aftorneys, consul#ants, co�tractors, experts,
laborataries and aCl other costs ineurred in connection with the investiga#ian or
remediation of such wastes or vioiatior� af environmental requirements includir�g,
bu# not limited to, the preparation of any feasibili#y stuai�s or rep�rts or #he
per�armance of any cleanup, remediat9on, removal, respons�, abatemer�t,
containmen#, closure, restoration or monitorrr�g w�rk required by any federaf,
state or local governmenta! agency ar pa(itical subdivision, ar ntherwise
. expended in connection with the existence of suc� wasfes ar violatians of
env�ronmentaf requirements, and including without limita�ion any attomey's fees,
costs and expenses incurred in enfarcing fhis Agreemen� or collecting any sums
due �ereUnder; and
(c) Liabili#y #o any third �erson o� gavernmen�a! agency ta indemnify such persan vr
agency for costs expended in connection with th� iiems referenced in
subparagraph {b) herein,
En�ironmental rea�irem�nts means all applicable pres�nt and future statutes,
reguiations, rul�s, ordinances, codes, licenses, permits, orders, apprflvals, pfans,
authorizations, cor�cessions, franchises, and similar items, of ail gov�rnmental agencies,
departments, cammissians, boards, �ureaus, or ins#rumentafities of t�e United States,
states, and politica! subdiWisians thereof and aI! applicable �udiciaf, administrative, and
regulatory decrees, j�dgments, and orders ra�ating to the protection of human health or
the environment, incl�ding witl�out limitafion:
(a} All requirements, including but nat limited to thase pertaining to reparting,
licensing, permitti�g, investigafion, and remediation of �missions, discharg�s,
releases, or threatened refeases of hazardous maierials, pollutants,
contaminants, or hazardous or toxic stabstances, ma#eriais, or wastes whether
so�id, liqtaid, or gas�o�s in nature, into fhe air, surface wa#er, graundwater, storm
water, or land, or relating ta the manufacture, processing, distrilauiion, use,
treaiment, storage, dispasaf, transport, or handling af pol[utani�, contaminants, or
hazardaus or toxic substances, materials, ar wastes, whether solid, liquid, or
gaseous in nature; and
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(b) Afl requirements pertaining to the protection of the h�alth and safety of
employees ar the public.
Force maieure means decrees ofi or restraints by a governmental instrumentaiity, acts af
Gaci, wor�c stappages cfue to labor disputes ar strikes, failure of Fort Worth's
cantractar(s} to perform pursuant to their agreements wifh Fart Worth for the canduct of
the coElection of hausehold hazardous waste, fiires, explasions, epidemics, riats, war,
rebellion, and sabotage.
Ho�sehold hazardous waste (HHW� means any safid waste generated in a household hy
� cnnsumer which, except tor the exclusion provided for in 40 CFR § 261.4(b}(1), would
be classified as a hazardous waste under40 CFR Part 26�.
Manifest means the �n�form hazardous waste manifest form{s) f�rnished by ihe TNRCC
to accompany shipments of municipal hazardous waste or Class 1 industrial safid waste
for waste trans�or�ed to a site in Texas, or the compafable manifest of the receiv�ng
state it the waste is transported out of Texas.
Mobile c�llectian event means a ho�sehald hazardous waste collection event by
Participating City utilizing a mobile col[ectian �nit.
Fort Vllarth Mobile collection unit (MClJ1 means a non-self-prapelled vehicfe �sed fior the
periodic co[lection o�f hause�o�d hazardous waste by Parkicipating Cify, oif-site of the
ECC, which is transported to the ECC #o dispose of the hauseho�d hazardous waste
collected at the mobile calEection event. The Fort Warth Mobile Callectian Unit is
designed �o hold ihe hazardous waste of app�'oximately 50 to 7� ho�seholds.
Participat9na Cities, when �sed in the plural, means Fort Worth, ParticipatEn� City, and all
oth�r entities which have entered into in�erfoca( agreements witn F'o�t Worth for the �CC
�ousef�oRd hazardous wasfe collectian program.
Persor� means an individuai, corporatfon, a�ganizaiion, government, or governmental
subdivision ar ager�cy, business trust, par�nership, association, or any other legaf entity,
Waste has the same meaning as "solid waste" as that term is defined i� Texas Healih
and Safety Code §361.003, and including hazardous substances.
B. Unless a provision in tF�is Agreement ex�Iicitfy states otherwise, the follaw'rr�g
abbreviatio�rs, as used in this Agreement, shall ha�e the meanings hereinafter
designated.
CERCL�4 - Comprehensive Enviranmental Response, Compensatian, and Liability Act.
CPR - cardio�aulmonary resuscitation.
DOT - United Sta#es Departm�nt of Transportaiion.
ECC - �nvironmental Callec�ian Center.
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EPA - United 5tat�s Environmental Proteciian Agency.
HAZCAT - hazardous categorizafion.
HAZW�PER - ha�ardous wast� operatio�s and emergency response.
HM - hazardo�s materials.
HHW - ho�sehoEd i�azardous waste,
MCU - Mobile Coflection Unit.
2.
PURPOSE '
The purpose af this interlacal agreemehf (hereafter "Agreement"} is the pro�ision ofi services by
Fort Warth ta Participating City whereby, subject to the terms and cor�diiians specified below,
Fort Worth wifl adminisfer and svpervis� a regional ho�sehoid hazardaus waste coElectinn
pragram, which will be a�ailable to hauseholds withir� Participating City.
3.
TERM
This Agr�emer�t shall be effec#9ve 'fram the date the �ast party has signed th�s agreement
thrvugh September 30, 2003.
�4.
SERVICES OF FORT WORTH
Forfi Wort� agrees to perform the fallowing services for Participating Ciiy in connectiort with the
ECC hausehold hazardous was#e collection program:
A. For� Worth wifi administer a regional household hazardous wasie coilection program.
This �rogram will incfude the operation of the En�ironmentaE Collectian Center, which
wil� accept for disposal andlor recyci9ng househoid hazardous waste from hauseholds
lacated within Participating Ci#y. Fort Wo�th s�afl not accept campressed �lammabl� gas
containers; radioacti�e mat�rials; explosives or potentially shock sensitive materials;
biological, etiologic, and infectious ma�erials; wastes fram businesses; and any other
wastes tF�at Fort Worth has determined are unacceptable.
B. Fart Worth wiEl empioy o� retain personne! ta pro�ide the servic�s nec�ssary to per#orm
For# Worth's abligations in this Agreement.
c. Fort wort� will enter into a contraci(s} wit� waste disposal/recycling firm{s) for the
handlir�g, col[ectian, transportation, storage, disposal, treatment, recovery, andlor reuse
of household hazardous waste, which is colfected at the ECC.
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D. Fort Warth will, if requested in writing �y Participating Cify, pro�ide Participating City with
capies of waste manifests for shipments �f waste from the ECC.
E. Fort Worih will, if reques#ed in w�iting by Participating City, provide Participating City a
manthly report of the ParEicipating City's F�ouseholds who dispo�ed of hauseho{d
hazardo�s was#e at #he Env�ronmental Collection Center ar a Mobile Colleetion Event.
F. Fort Worth wifi issue a repart and a bill a# the eh� of each quarter detailing fhe nurnber of
Partici�ating City's households t�at disposed of household hazardous waste at the
Env�ronmental Collection Center or at a mabife co�lection event.
G. Fart Warth will act under this Agre�ment in accordance with al� applica�le sia#� and
f�d�ra) �aws.
H. Non-�ar� Worth Mobiie ColEectian Unit
9. Fart W�rth agre�s t� accept househafd nazardaus waste from Participating City's
MCU in accordance with Sectior� 5, af this agreem�nt.
2. F'ort Warth agrees to resiock fhe items it remaves from Participating City's MCU,
however, Fart Worth sf�all only restock items listed in Exhibif "A", attached and
incorporated herein as if sef farth.
Mobife Collection Events --Usina Fort Worth's Ur�it
1. If Participating City would like to scheduEe a mobile collection event with
fhe Ffl�t Worth Mobile Coliection Unit, Fort Warth wil! send PariicipatPng
City a list af available dates. Par#icipating City wilf cantaci Fort Warth as
soon as passibie to scheduEe the date, time anc� locatior� agreeable to
bo#h parties.
{a) Location
�f Partici�ating City chooses to hold the Moi�ile Coliection E�ent on
private property, Participating City shall obtain a signed wai�er
from the owner of #he prop�rly 1 week priar ta �he event. The
waiver shall be in the form of Exhibit B or simi�ar farm approved �y
Fort WartF�. The signed waiver musi be sent to Fart Worth 1 week
before the Mabile Collectian Event. ff the signed waiver is not sent
to Fart Warth � week befare tf�e Ma6ife Col�ection Event, Fort
Worth wilf not se€�d tha Fort Worth Mobife Colfection L�nit to the
evan# and Participafi�g City will, in no event, be entitled to any
damages of recovery of any costs, except as pravided herein.
{b) A�ailable Dat�s
Partic9pating City ac[cnowledges tha# Fort Warth contracts with
other municipalities and that Fort Worth will be accommadating
each Participating Ci#y's request on a firsf come first served basis.
Therefore, Participating City acknowledges that its chosen date t�
schedule a mobile coliectior� ever�t may be resetved by anotf�er
City and Participating City wi�i �ave to chao�e anofher cfate.
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Pariicipafing City will, ir� no e�ent, be entitled to any damages or
recovery af any casts, except as pravided nerein.
2. At the Mobile Collection E�ent, Partici�ating Ci#y acknowledges and agrees tha�
Fort Wor�h shall accept household hazardous wasfe from the first 50 househaEds
that show proof of residency at the Mobil� Co�lection E�ent. After the #irst 5D
households, Fort Worth will determine in its sole discretinn how much more
waste it can accept and stare pra�e�ly. If more households arrive at #he event
than �ort Worth can accept, Parficipating City will in no e�ent be entitled #o any
damage of r�covery of any costs, exce�t as pro�ided �erein.
3. D�e to the lacfc of siarage space at the ECC, Participa#�ng Cify acknawledges
and agrees that if i# req�ests fhe For� Worth Mobile Coliection LJnit at a mobil�
colfecti�n event, a Participating City's Nan-Fo�t Worth Mobile Callection Unit shafl
not also be at ih� e�ent.
4. City, ir► i#s sale discretion, wiil determine whether fo s�r�d th� Fart Warth Mohiie
Colfection Unif to Par�icipating Ciiy's Colleciion �vent during a�verse weath�r ar
the threat af ad�erse weather including but not limited to sleei, snow, rain, mist or
hai�. In th� e�ent Fort Worth datermines nat fo send t�e Fort Worth Mobile
Co�l�ction LJnit, Fort Worth shall notify persons listed in Section 5, Paragrap� A
and shall send a Fort W�rth employee #o tF�e Participating Ci#y's event to tell any
residents tF�at came ta dispose of hausehold f�azardous wast�; 1} that the Fort
Worth MobiEe Collect9on Unit will not be coming to the e�ent, and, 2} t}�at the
resident can go to t�e ECC to dispose of the waste and provide a map ta the
ECC.
5.
Dl1T1E5 OF PARTICIPATING CITY
Participating City agrees to perforrn the following duties in connection with the housef�old
hazardous waste collectian pragram:
A. Participating City will designate one of ifs employees, and �nother as an alter�afie, #o act
as its hauseF�afd hazardous wast� collection coardinator to interact wit� Fort Worti�.
Designated person is: bebb�e Yark telephone number: s1� 427.��5�
Pager number or 24-hour number where he ar she can be reached: B� ��2�,,..���9
Alternate person is Pa�m Burney #elephone number, 817 427.66SS
Pager numb�r or 24-haur n�tm�er where he or she can be r�acF�ed: 817 452 . 7640
B. Pariicipating Cify wifl coordinate and fund all pragTam advertising #argeted to its awn
citizens, as �t deems necessary. Such advertising shall include #he type of wastes that
wilf #�e accepted af the ECC, the requirement af proof of residency and wea�f�er
cancellation informatian.
C. Participating City st�alf notify its residents of �t�e ECC haurs of operation and dates it is
clflsed as provided in Seetion 9"The Environmenfal Coliec#ion Center Hours o�
Operation."
D. Participating City may choose ta utilize a vo�cF�er system for its residents in order for
them to bring F�HW to the ECC. If Par#icipatirrg City cnc�oses to use such a sys�em, it
shall notify �ort Wor�h af the decision, and shall pravide Fort Wortl� with a copy of the
afficial voucher. In additian, if a citizen from a Par�icipati�g City tf�at utilizes a voucher
system comes to tha ECC or a mobile collection e�enf witho�t a voucher, Participating
City acknawledges and agrees that Fort Warth will not accept the houseF�old �azardous
wasfe unfi[ Participating City authorizes the acceptance in writing.
E. ParticipatRng Cify may submit a written request far a month�y report listing the number of
ifs city's househafds that F�ave dispflsed of housef�old hazardous waste at the ECG or a
mobile colleciinn event.
F. Participafing Cify shall pro�ide traffic canfral and signage for the mobiie collectian
events, and shalf pravide persanr�el ta assist Fart Wor�h with the survey and� screening
af persons dropping o�f hausehold hazardaus waste. The parties prior to the �vent sY�a[I
agree upon the de#ails of the traffic cantrol, signage, and personnel assistance.
G. Participatinn Citv's Mabile Collection Uniis Cailecfina Hausehold Hazardous Waste
Participating City shal� advise the ECC program manager at least 72 hours in
advance of its mabile co[lection events. Participating City shall calleci only HHW
during a mobile coU�ctian event. Wastes fram commercial, agricultural, and
industriai saurces shall nnt be acce�ted. Participating City shalf �ot acce�t
compressed flammable gas containers; radiaactive materials; explosi�es or
potentially shock sensitive materials; biological, etiologic, and in�€ectious
ma#erials; and any other wastes that Fort Worth has determined are
unacceptable.
2, In accordance with the latest DOT requirements, Participating City's MCU
operators will properly categorize, package, mark, label, and load inta the MCU,
all wastes received at tF�e mabile callectian event. Recydable products (used oil,
used 41 filters, latex paint, recyciable artti-freeze, lead-acid bafteri�s, and
fluarescent lights} wil� be segregated into cantainers for recyclabl�s.
3. After accepfing was�es, Par�icipating City's MCU operators shall tharaughly
checic each cantainer far proper labefing and identification. If a contain�r is
proper�y identified, the material wilf be segregated according to hazard cEass and
prepared fior packaging. Ifi a container �oes nat ha�e adequate labeling to permit
identification, the MCU operators shall then attempt ta identify fF�e materiaf from
its physical characterisiics using HAZCAT ar�alysis and from intormatian pro�9ded
by t�e household presenting the waste.
4. The Participating City's MCU op�rators shalf package a[I hazardous materials in
accortlance with United 5tates Department of Transportation �DQT)
raquirem�nis, United States En�iranmental Protecfion Agency (EPA)
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requirements, and all other applicab�e federal and sfate requirer�enfs. Affer alf
the wastes F�ave been properly identi�ed and segregated, the MCU aperators will
re�xamine the wastes for compatibility, list t�em on t�e container content sheets,
and pacK them into drums. Oil-based paints a�d lafex pain#s shal! be bulked
seParately in 55-gailon drums, ar if th� paint is lef� in its container, the paint cart
be �acked in a lined cubic yard bax, and paeked and labeled according to federal
and state regulations. Pariicipaiing City shall not transport waste tha# is not HHW
to the ECC. Participating City agrees ta make its own arrangements to dispose of
any non-HHW waste cof�ected at the even#.
5, Prior to transporting the HHW fram the co�lection event site(s), Participating City's
MCU operators shall cornpiete a Bill c�f Lading, and shall keep ihe Bilf of Lading
in the cab af the truck hauling the MCU during transpartatian af the HHW to thE
ECC. Participating City shall require that a minimum of one capy af ti�e latesi
Nor�� American Emergency Response G�idebook be kapf within the cab of th�
truck,
6. �uring fransportation, Parkicipating City's MCU operators shall placard the MCU
for transpor�afion of hazardous waste in accordance with federal and state law.
7. LJpon the return of the MCL] to the ECC, Participating City's MCU operators shafl
follow t�e instructions af For# Worth regardir�g the placement of th� MCU far
�nlaading. Fort Wor�h shall fake possessior� a� the MCU frorrt Participating City
after tl�e MCU has beer� properly parked for unlaading in accordance with Fort
WortF�'s instructions and ail required documents have beer� delivered fo t�e ECC
program manag�r or his designee at the ECC. Fort Worth shall, w�thin a
reasonabFe amount of time, u�load the HHW fram the non-F'ort Worth MCU and
siore the HHW afi the ECC.
8. If �art Worth, in its sol� discretion, determ�nes that Par�icipating Cify's MCU
operafors improperly packaged any of tha HHW r�eli�ered ta #he ECC, Fort WortF�
shall repacicage such waste, and Participating Cify sf�afi reimburse Fort Vllorth as
set for#h in Section 10,, Paragraph B.
9. lf a spill occurs at fhe ECC whife the MCU is still in Participating Cify's
possessior�, Fork Worth shaEl take contral of the spiil rEsponse and Participating
City wilE reimb�rse Far� Worth for its respanse costs as set forth in Section 1 D.,
Paragraph C.
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USE OF WAST� DISPOSAURECYCLING FIRMS F�R HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter inio a contract(s} with was#e disposaflrecycling firm(s} for the
hand�ing, coll�ction, trans�artat�on, siarage, disposal, treatment, reca�ery, and/ar reuse
of h�usehold hazardous waste, which is collected at the ECC.
g. S�ach firm(s) shalf be required pursuant ta tF�e contraet(s) to assume generatar stafus far
fFte waste coilec#ed, (excluding used oil, ]ead-acid batferies and antifre�ze) to choose a
disposal site for the waste subject to Far� Worth's approval, and to indemnify Fort Warth
and participating cities against any and all environmenta� damages and the violation �f
any and all environmental requirements resuf#ing fram the handling, coElectian,
transportation, storage, dispasaf, treatment, recov�ry, ar�dlar recycfing of waste collected
pursuant to this agreement, when said er�vironmental damag�s or tF�e viofatian of said
environmental requirements was the resuf# of any act or amission flf car�trac#or, its
officers, agen#s, employees, ar subcontractors, �r fhe joint act or omission of contr�ctar,
iis officers, agents, empfoyees, ar subco�tractars and any ather �erson or er�tity.
C. �H� �AR���S f��GO(sNiZ� iH,�►T ALibOI�Cb 'Tb� Fl[�All (�) 11�1�L �� �EC.�UIR��
i� ASSUM� G��V�R�iB� �iAoil��, �HIS A�SUMPiiOR� 1�1�� NOi R��I�1/�
F����'I�IR��'INC� CIiY OF LIL��ILIiY FOF2 ib� LMA��G lJiV��� �ED�RAL �,41i�
AM� S�Ai� �/�W. Fort Worth will arrange for recycling vendors for used oil, hatteries,
antifreezeT an� other materials, as it deems appropriate.
7.
REUSE OF GOL.�ECTED MAT�RIALS
A. From time-to-time For� Warth wili ma�e available to resid�nts and busanesses of Fort
Worth, as well as, Par�icipa#ing City and residents arsd businesses of Par�icipatir�g City
for their use, coliected houseF�old hazardous waste materials that are suitabEe for r�use,
such as paint, fertilizer, motor oil, and a�tifreeze. Fort Warth shal� r�ot charge for any
materiafs that are piciced up for reuse.
B. Same materials matie avail�ble for re�se may have been cansolidaied and filtered by
Fart Warth priar fio being made availabie. lJsed antifireeze will have bee� cansolidated in
a barrel, fiEtered, and pH balanced, and new antifreeze may have been added to ihe
barrel.
C. lt� regards to mater�als acc�pfied by Participating City, ��Ri W�RTb fw�K�S i�0
Ft�PI����W%4T[ONS, lii�ARR/�N�'1�5 �� (9UA�►N�'1�5 iFiAi:
1.
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6.
7.
8.
the container contents are what ti�e �abel indica�es;
the container contents are �hose Qriginally placed inta the container by the
manufacturer;
the �roduct is of the quality intended for its use;
the contents of the container have been stored �rop�rly;
the insiruct9ons on the container label for use, stora�e, and firsi aid are current ar
correct;
the container is in unimpafred co�dition;
t�e praduct is still appro�ed for use {i.e., it has not been banned or recalled}; and
the praduct can be used withou# risk to persons, praper�y or fhe environment.
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S��CI�ICA��Y �CNILF'D.
D. Participating City shall contact th� ECC program ma�ager ta arrange a pickup time to
ob�ain materiais. Participating City agrees that it shall not retum to Fort Worth, directly or
indirectly, ar�y materiafs it obtains from For� Worth under this paragraph.
E, IN R�C,��DS TO fV�p►���I.°LS �CC�����] BY PAf��1CI�Ai1N� C1iY,
PARiIC1�A�IN� CiTY ��L� Fi�RE�Y VIdA1V� Ao�L CLA[11R�, 11VCLUDlf�C�
��Q�UCTS �IA�I�I�'Y CLAIl111S, �►N� ����ASES, AidD H0��5 M�►RM��SS ��i�
CIiY ��' �'D�,i lii110RT�', AfV� ALL O� 1TS O��IGIALS, O�V�IC�F��, �M�LOY��S,
�►G�N f S, AidD V��L1Pli���5, IN �Oib TF��IR �U�L1C �►N� f��IVAT�
CAPACIiI�S, �ROiV� �,NY .�,P�C1 R�� �1�B�LfiY, C�.AItVIS, SUIiS, D�IV��►N�,,
CX��P�SES A� �Iil�/��I�N, �R C�►IJS�S �� l��i101d �i1bl�b n11AY ARIS� �Y
R�A50f� ��' INJURY T'O ����ONS, L�SS OF �R��E�TY, DAIVfAC� `TO
�'ROP�R7Y, 8� l.OS� �� U�� 8� ANY ��QP�RiY , O�CASI�N�D �Y �'H�
i�WS�O�TAiIOPl, �iOR�1��, bAAlDI�ING, U��, Af�p �IS�a��L BY
PARTI�IP,�►i1Nf� CIYI( 0� AR�Y 1V�Ai�RIALS ACC�F�i�9 �Y ����ICI�dT�NG CI fY
IJAI��R Tb1S AGi���[Ui�Ni �'�OI�I F�ORT'I�VO��'H.
F, ln regards to materia[s accepied by residents or businesses of Participating Cities,
F�ORi 1dVgR�H iV��►K�S N� R�PR���iV�'A�'IOfdS, lNAR�4Nfl�`S O� �UA�2RiVil�S
�FDi�►i;
1. the container con#ents are what the labe! indicates;
2. the co�tainer contents are thdse originally �faced into the confainer by the
manufacturer;
3. the produci is of the quality intended for its use;
4. the conients af the container have b�en stored properEy;
5. the instructians on the container label for use, storage, and fiirsf aid are curr�nf or
carrect;
6. the container is in unimpaired condiiion;
7. the product is stilf approved for use (i.e., it has nat beert banned or recalled); and
8. the product can be used without risk to persons, praperty or the environment.
�'LJ�iHERnAOR�, AL�. lNARRANiI�S, �X4���55 rqN� IM�+L[�D, �►R�
SPECI�ICA��Y DENI�D.
G. Participating City shall atfemp� to infarrr� its residents and businesses that if they go to
the Enviranmental Collection Center fo pick up �ousehold hazardous waste for reus�, a
release of liability must be signed ta accept the household hazardous waste for reuse.
10
8.
RIGHT TO REFUSE WAST�
Parficipafing City agre�s that Fort Warth shall have the rigf�t fo refuse to accept r�vaste at the
�CC fram Participating City's resident and to eject such individual from the premises af �he
ECC, if in the reasonable �udgment af F'ort Worth:
A. The waste is nat t�ousehold hazardous waste;
B. The waste faiEs to meei other established criteria established by this Agreement, or that
have been establishe� by Fark Worth subsequent to the execution of the Agreement;
C. iF�e individua� does r�at have suffici�nt identification to esta�lish that helshe is in fact a
resident of Parttcipating City;
D. Par�icipating City has implemented a vaucher system for its residents to dispose of
waste, and the individual �oes not have a valid vc�ucher; or
E, The waste ar the indi�idual presents a hazard to the ECC ar ta persons or proper�y af
the ECC.
9.
ENVIRONMENTAL, C�L.LECTION CENTER H�URS AND DAYS
�F OPERATlON
A. Hours of Operation
During the #�rm of th� agr�ement, the ECC's hours of operation are as follows:
Thursday and Friday 11 :DO a.m. -7:Od �.m.
Saturday 9:00 a.m. -3:Q0 �.m.
B. Days the Environme�taf Collectior� Center will be closed
During th� term af the agr��ment, the ECC wil! be closed on the fallawing days:
Thanksgi�ing Hofiday, No�ember 28 -29, 2p02
Christmas Holiday, ❑ecember 25, 2002
January 1, 20Q3 through January 08, 2003, far cleanup and repairs
M.L.K. Day January 20, 20a3
Memorial Day, May 2fi, 2003
Independence Day, J�ly 4, 20D3
Labor Day, Sep#ember 1, 2003
C. Notifying Residents
Participaiing City agrees ta notify ifs residents of the ECC's haurs of oparation and dates it will
be cfosed. Participating City may advertise the 24-haur �nvironmental Colleciion Center
91
I' [_ "���' �i��
..j�-y-+'' '�� }�
�` ��I �
telephone number to give its residenfs the Environmentaf Gollection Center's haurs. The
n�m�er is; (817} 87�-5257.
10.
COMPENSATI�N
As fair compensation for the services pro�ided by Fort Wr�rth pursuar�t to this agreement:
A. Partici�ating City agrees to pay Fort Worth the sum of $ 5D.00 per househoid per visit fo
th� ECC or per househald for participation in a Mobile Collecfian Event to dispose of
hausehoid haz�rdaus waste,
B. If Fort Worth determines that Participat�ng City's MCU operators improperly pacEcaged
any of �he HHW deliver�d #o the ECC, For� Warth shall repackage such waste, and
Participating City shall reimburse Fort Worth for it staff iime at $2Q,Q0 an hour and the
cost of supplies.
C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participa#ing City's
possession, For� Wo�th shall #ake control af the spill response and Participating City wifl
reim�urse Fort Worth for ifs response costs of $6D.00 per F�o�r staff time and the cost of
s��plies.
D. The amoun# due #o Fort Worth for serv9ces provided under this Section, Paragraphs A,
B, and C, shall b� bi�led to Participating City quarterly. Participating Ci#y shall pay Fort
Wor�h within 30 days of receiving a biEl from Fort Worth. ff F4rt Worth does not receive
payment within 3p days, Fort Worth shall in�arm Participating City in writing that ifi wif! not
accept any househoid hazardous waste from Participafir�g City's residen#s and thaf Fort
Worth will Rot partici�at� i� a ma�ile cnllection e�ent or pravide a mo�ile collection unit
unii! paid.
E. Af tf�e end of the ferm af fhis Agreement, �'ort Wor�f� shall provide a final accaunting fa
Participating City, which wil[ include the total number of Participating City's households
whic� participated in the program, repackaging fee�, i# any, and the tatai cost of spi�i
respanse charged to Participafiing Ci#y, if any.
F. Pursuant to the requirements of Govemmenfi Code §791.01 �(a)�3), the amoun# due to
Fart Warth under Subparagraph D. abave shall be paid fram revenues currently
avaifable io Participating City in tne present tiscal year.
12
91.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDfES," AND PROMOTIONAL MAT�RIALS
LlCENSE AGREEMENT
Fort Worth is tF�e awner af "Capi�in Crud" and the Cruddies {"f�loomer," "Qtto," "F�estie,
"�cruh," and "V�n Goo") "Cnnquer Your Crud," and "Cruc! Cruiser", a�d therefore afl
own�rship rights �elong to Fort Wartf�, Fort Worth has r�gistered these marks as service marks
with the 5ecretary of 5tate.
A, Fort Warth hereby grants ta Participating City a non-transfera�le, non-excfusi�e license
to use all the artwork and �romational mater9als that may be provi�ed by Fo�t Workh t�
�e used soleiy in the conduct of the business of Participating City`s disposal anc�
� recycling af ho�sehQld �azardQus waste programs. If Par�icipating Ciiy w9shes to use to
Licensed Art a�dlor Promotianal Materials in other limited situations, Participating City
must first vbtain express written cQnsent from Fort Wvrth.
B. Fort Worth rnay pravide licensed Artwork and Promotional Materials to Participating City
pursuant to #he terms of this Agreement, Participating City acknowledges that by virtue
of th'rs License, Participating City acquires only fihe right to use the original and permitted
dupficate copies af the Licensed Artwar}c and Pramotional Mai�rials a�d does not
acquire any rigf�ts o# ownership ir� the Licensed Artwork and Promotionai Materials,
wh�ch rights shall remain exclusi�ely with Fart Worth. If Participating City wants #o madify
ar ehange the ariwark andlor promotional materials in any manner, Participating City
hereby agre�s to car�tact Fort War�h in writing to abtain written consenf befare modifying
or char�gir�g any artwork andlar promotinnal mate�ials.
C. If Participating City desires an actor fo portray "Captain Crud" for an event, Participating
Ci#y shall use actors appraved by �'ort Worth fo portray "Captain Crud" sir�ce "Captain
Crud" is owned �y F�rt Warth. Participating Ciiy shall be soiely responsibl� for
compensating actor far the services provided io Participating City. Participating City wilf
contact Fort Wart� as soan as passible with the date anc! time of the event agreeabEe to
both parties to �btain appra�al #or the chasen actor and to requesi an� pickup the
"Captain Crud" costume for its e�ents. Fort Wort� wilf provide the "Captain Crud"
costume. However, Participa#�ng CEty agre�s to be liable to Fort Worth for ar�y damage to
fihe costurne or it Participating Ciiy fails to return #he entire costtame ta Fort Worth or if
the costume is not returned in t�e same con��tion as received.
12.
IMMUNITY
ft is expr�ssly understood and agreed t�at, in the execution af this Agreement, nane of t�e
participafing cities waives, nar shal[ be hereby deemed to waive; a�y immunity or defense thai
woU[d otherwis� b� available to if against claims arising ir� tf�e exercise ofi ga�err�menial powers
and functions, and that the services described in i�is Agreeme�t are a governmen#al funct�orr.
13 - ---� � _.
�'� ,3 �r.-� U4�:� f�i�'v�v��a�'�
!`�;rir. ,. -r M'.� ;� �
_ ', �
�. ����
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13,
FORCE MA,iE�RE
A delay or faiiure of Fort Worth to pertorm servic�s pursuant fo this Agreerr�ent shall be excused
to the extent that the delay ar fiaifure to pertorm resufted from a force majeure evenf, and ihe
deEay or failure was beyond the confrol of Fort Worih and not due #o its fault ar negligence.
Par#icipating City shall not have, and hereby waives, any claim whatever for any damages
resultir�g from defays ar failure to pertorm caused by a force majeure event.
14,
TERMINATiON
The part�es sha�l each have the righ# #o terminate the Agreement for any reasan, with or without
cause, upon thirfy {30) days written no#ice to tY�e other party. Upon termination, #he pariies s�ail
be released from a�! contractual abligations to the ofher party excl�ding "USE OF WASTE
L ISPOSALIRECYC�ING FlRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
'REUSE QF G4L�ECTED MAT�F�IALS" (Paragraph 7) and "ARTWQRK, "CAPTAIN CRUD
AND THE CRUD�I�S," AND PROMOTIONAL MATERIALS LICENS� AGREEMENT'
�Paragraph '! 1).
95.
NOT�C�
Any notices required to 6e given under this Agreement shall be d�Ii�er�d as follaws:
It to For� Worth:
Brian Baerner, CHMM, Director
Depar#m��t ofi Enviranmentaf Management
City of For� Worth
1400 Throckmarton
Fort Worth, Texas 76102
If to Participatinq Ciiv:
Pam $�gn� F.ntri rc�nmPnta'! Gart�ti rPc pirector
Citv �f North RichY.anrl �'i11�
720D-C Dick �isher Dr. South
North RichXand Hi11s, Texas 76I80
16.
ENTf RETY
This Agreement contains a!I commitments and Agreerrjents af the parties hereto, and no other
o�al or written commitments shall have any foree or effect if not cantained herein, excepf that
fF�is Agreement can be amended or madified by fhe parties if such amer�dment or modi�icatian is
iR writing and signed by Par�icipating C�ty and Fort WortF�.
14
17.
SEVERABILfTY
In the event anyane or more of the pro�isians canfained in this Agreement shall for any reason
be he�d to be invaiid, il�egal; or unenforc�able in any respect, s�ach invalidity, illega�ity, ar
Unen�arceability shall not affect any other provision thereaf and #�is Agreemeni shafl be
canstrued as if such invalid, illega�, or unenforceab�e prov�sians had never been contained
herein.
18.
V�NUE
Should any action, rea! ar asserted, a# law or in equity, arise o�t of #h� �erms and conditions of
this Agreement, venu� fflr said actian shall be in Tarrant Co�nty, Texas,
19.
AUTHORITY
This Agreerrjen# is made for For� Worth and Participafing Cify as a� Interlocaf Agreerr3ent,
pursuant to Texas Government Code, Chapter 79�.
2a.
AUTHORIZA,TION
Th� undersigned officers and/or agents af the parties hereto are prc�perfy authorized offi�ia�s
and have the necessary authority to exeeute this Agreement on behalf a# the �arties hereto, and
each �arty hereby certifies fo the ather that ar�y necessary resolu#ions extending such auiharity
have been dUly passed and are now fn fuif force ar�d effect.
15 ��,,;t� f;���[ ;11 i I -- '�t
��i'i . '
ti �.� .
EXECUTED f N TRIPL�CATE
CITY QF FaRT WORTH
By:
—� r -
Li�by Watson
Assistant Cit��lar�ger
Date: � � , -�
. ,
APPROVED AS TO F�RM
AND I.EGALITY:
V� " +i ' � � . � 1�
Assistant City Attorney �
CITY OF NORTH RTCHLAND HILI,S
w
• . �. . . -
pt'll1ted �I"�aT1�tG: Larry ',7. CJun�ingham
T'ltle: � City I�en.a�er
Date; August 26, 2002
A EST:
�c� � � � ,P��
loria Pears �
Ciiy 5ecre# ry
� � ��� �
Contrac authorizafion
� �Lt 1
� { �
f �
Date �
�����6�a� ��� ��, � � �,:s� �
��'�'�[����'d� �
�e 11fi,�"��p�15�+_ _.
APPROVED AS TO FORM
AND �E�C�L�Y�
. r r,� � -
. r` ' � _ ' � :�
�� �ity Atfo ey '� _
ATTEST:
����
City Secretary
16
.,
r�����,nis
�
ti
Exhibit "A"
����'OCKliVC� L[ST FOR T�1� l�AOBI�� C�����il�i� I�fVIT
Amounfi Restocked !
Amounfi taken off the
trailer �
Amount iaken off the
trailer
Amount taken of� the
trailer
{plastic) Amaunt taken aff the
trailer
55 gallan drum finers
Amount taken off the
trailer
5 gallon buckets
(filterslhaz chemicals} Amount taken off the
traifer
Survey Forms
Amou�t taEcen off fhe
irailer �
Labelsldrum placard
Amount taken off tF�e
trailer
Gaylord boxes
I Amounf taken off the
trailer
Absorbent pads
Amount ta�Cen off the
trailer
Vermiculite
Amount tak�n off the
trailer
Oil dry
Amount taken off the
trai�er
Promotiona] Materials
& Brochures Amount needed
�fiafie�ial
55 ga[lon oper� top
cirums {open top for
loose pacKs)
55 gaflon drums
(c[ased tap) (ail,
antifreeze, b�lk
flammable maferials
and on� extra}
Fiber d�ums �55 or 30
�allon} Aerosols,
acids, bases and
oxidizers)
Gaylord box liners
5pecia[ Needs �emarGcs
17 , ����'h� � ���y�,�� �� - . . �, r
�����'G��� � ��-
�. T�o GY�� t'Ilr'� �' � II � l
Exhibit "B'"
WAIVER AND RELEASE D� LIABILITY FOR COLLECTI�N OF HOUSEHOLD
HAZARDOUS WASTE
l being the awner o� property lacated at
have �een asked by the City of to allow a mobile collection
e�ent an my property to caflect househnld hazardous was#e on the , 2001.
in consideration af , I f�ereby give my permission to the City af
to hald a household hazardous waste collection ev�nt on my
property in which the City of has asked the City of For� Worth
to send its mobile call�ctian unit to collect the hausehold hazardous was�e that is brought to the
event.
Therefore, in consideration of , � herehy RELEASE,
DISCHARGE, HOL� HARMLESS, INDEMNIFY the C�ty of Fort WorEh or its o�Fieers, agents,
and employees and the C�ty of and its officers, agents,
andlor employees for any and all claims, demands, liability, causes of action, actions or suits of
any character that I rnay have against tf�e City of Fort Worth or its afficers, agents, andlar
employees and the City of or its flfficers, agents, andlor
employees fnr any prop�rty [oss or damage, for any and all personal injury including death or
any other damage of any kind or character which may arises or that aris�s from allowing the
City of fo hald a household hazarda�s waste collectian event, in
which the City of Fort Worth sends its mobile callection unit ort my praperty.
I ha�e read t�tis Waiver and Release and fully understand its terms and conditions. I ha�e not
been inf�uenced in any exfent whatsaever �y any repres�ntatior� or statements not contained in
fhis Agreement. I hereby acknowledge that this Wai�er and Release is given in considera#ion at
Signature
Witness
Dat�
18
C'ity of Fo�t Worth, T'exas
��y�r ��d ��t����G� ��r�t���icafi��
�ATE REF�RENCE NUMBER LOG NAME F'AGE
9/24/02 **��� 9��� 52C�LLECT � 1 of 2
SUBJECT INTERLOCAL AGREEII�ENTS WITH VARIOUS MUNICIPALIT[ES FOR
PARTICIPATiON AT THE ENVlRONMENTAL COLLECTION CENTER
RECOMMENDATION:
It is recommenc�ed that the City Gouncil authorize the City Manager to �xecufe interlocal agreemenfs
with �arious municipalities/entities for participation at the Environmental Collectian Center.
DISCUSSI�N:
The City's Enviror�mental Collectian Center is now in its sixth year of operatian collecting household
hazardous waste from the citizens o# For� Worth and surrounding communities or� a year round basis.
In arder for non-F'ort Worth citizens to pariicipate at the Environmental Collection Center, each
municipality is required to enter into an interlocal agreement wEth the City of Fart Worth. �
The rate per household for the period covered by thes� a�reements (Octaber 1, 2002 through
September 30, 2003) is $�O.Qp. The decrease in the rate is due to receipt of a grant from the North
Central Texas Council of Governments that wifl provide $150,000 for disposal casis during FY2002-
2Q03. !t is anticipated that approximately $420;00� will be collected under these agreements. During
FY200� -2002 twen#y-six area cammunities signed participation agreements with the City af Fort INorth.
For the upcom'tng year we expect all of thase communities io pa�ticipate and ha�e had interest
�xpressed by six others.
This agreement outlin�s the resp�nsibifities of each party, establishes the rate for participation, and
delineates the usage of serv'ice marked, pubNc educatian matarial. The City af Fort Worth is
res�onsib[e far aWerall operation of the Environmenta! Collection Center including contracting with a
hazarc�ous wasfie disposal company for transpo�tation anci dispasal of materials callected. The
following entities have expressed an interest (*) or are expected io comm�t to participation for the period
4ctober 1, 20Q2 through September 30, 2003:
Arlir�gt�n
Benbrook
Cleburne
Euless
Haltom City
Kennedale*
North Richland Hills
Raanoke*
Stephenville
Upper Trihity Regional Water District
White Settiement�'
Azle
Burleson
Colleyville
Grand Prairie
Hurst
Mansfieid
Richland Hills
Saginaw
Trop#�y Club'`
Venus
Willow Park*
Bedford
Cedar Hiil
Everman�`
Grapevine
Keller
Newark
River Oaks
Southla�ce
Un-incorporated Tarrant County
Watauga
C'ity of .�''ort �orth9 T'exas
J�a��r c��d ����cf� ����e��i��fi��
DATE REFERENCE NUMBER LOG NAME PAGE
9/24/02 **��1 g��� ` �2COLLECT I 2 of 2
SL�BJECT INTERLOCAL AGREEMENTS WITH VARI4lJS MUNICIPALITIES FOR
PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
FISCAL INFORMATI�N/CERTIFICATION:
The Finance Director certifies ihat the Environmental Management Depart.ment will be responsible #or
� the collectian oi #unds due under these agreements.
LW:n
Sub�nitted f'or City Manager's
Offiee by:
Libby Watson
Originating Qepartment Head:
$Ttan Bperner
Additional Information Cantact:
Br�an Boerner
FUND I ACCOUNT I CENTER I AMOUNT
(to)
R1Q3 488220 052114Q
6183
8079 � (1'rom)
8�79
CITY S�CRETARY
APPLZOVED 9/24/02