HomeMy WebLinkAboutContract 28027�!�'Y �EC��`�A�1f �}QR��7
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INTERI.�CAL AGREEMENT FQR PARTICIPATI�N IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOIJSEHOLD HAZARDOUS WASTE PROGRAM
THlS AGREEMENT is entered inta by and between the City of �ort Worth, Texas, a hom�-rule
municipal corpora#ion situated in Tarrant and Denton Caun#ies, Texas, hereinafter calfed "Fort
WoriF�,'" acting herein �y and through Libby Watson, its dufy authorized Assistant City Manager,
and c�tv of Mansfield a municipality situated in Mansfield , Texas,
hereinafter called "Pariicipating City," acting herein by and through She11y �,anners its duly
aUthol'IZed Ac�ing Parks & Recreation Director
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes tf�e formulation of interlocaf
cooperation ag�-eements between and among focal governments; and
WHEREAS, Texas Government Code, §791.011 pro�ides ihat a local government may contract
with another ta perform governmental functians and services, and §791.003(3)(H) defines waste
disposal as a governmental function ar�d service; and
WHEREAS, Texas Government Code, §791 A25 pro�ides that a local gavernment may agree
with another focal government to purchase services; and
WHEREAS, Fart Worth and Parficipating City desire ta enter info an int�rlocal agreement
whereby For� Wark� w�ll purchase the services of a waste disposallrecycfir�g firm or firms and
will administer a househa�d hazardous waste collection program; and
WH�REAS, Fort Worth and Parficipating Cily mutually desire to be subjecf to the provisions of
Texas Government Code, Chapter 79�, also known as ti�e Interlocal Cooperation Act.
NOW THER��DRE, it Es agreed as foliows:
1.
DE�INITIONS
A. Unless a provision in this Agreement explicitly siates otherw[se, the fallowir�g ferms and
phrasas, as u�ed in this Agreement, shalf have the meanings hereinafter designated,
Act of God means an acf occasianed by fF�� direct, immediate, and exclusive operafion
of the forces of nature, uncontrolled or uninfluenced by the power of humans and without
human inter'vention.
Bill of Ladinq [isfs the contents of the mobile colfectian unit.
Environmental Collection Center (ECCI means the City af Fort Worth Depar�ment of
Environmental Management fiacili#y lacated at 64Q0 Bridge Street, Fort Worth, Texas,
which is to be used by For# Wor�h for the aggregafion of household hazardous wastes
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that have been brought to the facilify by participating cikies' househalds for subs�quent
recycling, disposai, andlor reuse.
Environmental damaaes means all claEms, judgments, darnages, losses, penaltiss, fines,
liabi[ities (including strict �iability}, encum�rances, liens, costs, and expenses of
in�estigation and defer�se of any claim, whether or not such claim is ultimat�ly def�ated,
and of any goad fiaith s�ttlement or judgment, of whatever kind ar nature, contingant ar
otherwise, matured or unmatured, foreseeable ar unforeseeable, including without
Ilmitation reasonable attarney"s fees ar�d disbursements and consultant's fe�s, any of
which are incurred subsequent to the execution of this Agreement as a result of the
handling, collectiono transportation, starage, disposal, treatment, reca�ery, andlor reuse
of wasfie pursuant to this Agreement, or the existence of a violatian of enviranmental
requirernents pertaining to same, and including without limitation:
(a) Damages for personal injury and death, ar injury to property or natural resources;
(b) I�ees incurred for t1�e services of attorneys, cansultants, contractors, experts,
laboratories and all akher costs incurred in connection wi#h the in�restigatinn or
remediatian .of such wastes or �iolation of environmental requirements incfuding,
but not limifed ta, the preparation of any feasibility studies or reports or the
pertormance af any cleanup, remediation, removal, response, abatement,
containment, clos�re, restoration or monitoring work required by any federal,
state or local governmental agency or political subdivision, or otherwise
expended in connectian wEth the existence of such wastes or viola#ions of
environmental requirements, and including without limifiation any attnrney's fees,
casts and expenses incurred in enforcing this Agreement or collecting a�y sums
due hereunder; and
{c) Liabifity to any third person or governmental agency to indemnify such person ar
agency far costs expend�d in co�nection with the items refereneed in
subparagraph (b} herein.
En�ironmental reQ�irements means all ap�licaf�le presen� and future s#atutes,
regulatians, rules, ardinances, codes, licenses, permits, orders, approvals, pfans,
authorizations, concessions, franchises, and simiiar items, of all governmenta! age�cies,
de�artments, cflmmissions, boards, bureaus, a� instrumentalities of the United States,
states, and poli#ical subdivisions thereof and all applicable judicial, administrative, and
regulafory decre�s, judgments, and orders re�ating ta the protection af human heafth or
the environment, incl�ding wifhout limitation:
{a) All requirements, including but not limited to thase pertaining ta reporting,
licensing, permitting, ir�vestigaiion, ana rerr�ediafion af emissions, discharges,
releases, or threatened releases of hazardous materiais, pollutants,
contaminanfs, or hazardous or toxic substances, materials, ar wastes whether
sa[id, liquid, or gaseous in nature, 9nto the air, surFace water, groundwater, starm
water, or land, or relating ta the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of poll�tants, contam�nants, or
hazardous or toxlc substances, materials, or wastes, whefher safid, liquid, or
gaseous in nature; and
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(b) Ali requiremer�ts pertaining to the protectiort of the health and safe#y of
emp[oyees or the public.
Force ma'e� ure means decrees of or restraints by a governmenial instrumentality, acts of
God, work stoppages due to labor disputes or stri�ces, failure of Fort Warth`s
contractor(s} t� pertorm pursuant to their agreements with Fort WQrth for the conduct of
th� collectian of household hazardous wasta, fires, explosians, epidemics, riots, war,
rebellion, and sabotage.
Household hazarda�s waste {HHW� means any solid wasfe generated in a household by
a consumer wY�ich, except for fF�e exc[usion pro�ided for in 40 CFR § 261.4(b){1), wou[d
be classified as a hazardous waste under 40 CFR Part 26'{.
Manifest means the �niform hazardous waste manif�st form(s) furnished 6y the TNRCC
ta accompany shipments af municipal hazardaus waste or Class 9 industria! salid waste
for wast� transported t� a site in Texas, or the camparable manifsst of the recei�irtg
state if the waste is transported out af Texas.
Mobife col�ection event means a househald f�azardous waste collection e�ent by
Par�icipating City utilizing a mobi[e collec#ian unit.
Fort Worth Mobile cfll�ection unit (MCLII means a non-se�f-propelled venicle useci for the
periodic collection of househofd hazardous waste by Par�icipating City, off site af fh�
ECC, �rvhich is transported to the ECC to dispose af the househofd hazardous waste
coflected at fhe mobile colfection event. The Fort Wor�h Mobile Collection Ur�it is
designed to hold the hazardous waste of approximately 5Q to 75 ho�seholds.
Particioatina Cities, when us�d in the plural, means Fort Worth, Particfpating City, and all
other en#ities which have entered into interlocaf agreements with For� Worth far #he ECG
household hazardous utiraste collection pragram.
Person means an individual, corporation, organization, government, or go�ernmer�tal
su4�division ar agency, business trust, par�nership, association, or any other legal entity.
Waste has the same meaning as "soli� waste" as that term is defined in Texas Heafth
and Safety Code §3fi�.003, and including hazardous substances.
B, Unless a provision in this Agreement .ex�licitfy states oti�erwise, the fallowing
abbreviations, as used in this Agreement, shall have the meanir�gs hereinafter
designated.
CERCLA - Comprehensive Environmental Respanse, Campensation, and Liability Act.
CPR - cardiopulmonary resuscitakion.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
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EPA - United States En�ironmental Protection Agency,
HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency respanse.
HM - hazar�ous mafer�als,
HHW - household hazardous waste.
MCU - Mobile Collec#ion Unit.
2.
PURPOSE
Th� purpose of this inter�acal agreement (hereafter "Agreemer�t") is th� pravisian af services by
�ort Worth to f'articipating City whereby, subject to the terms and condifians sp�cified below,
Fort Worth will administer and superv�se a regional household hazardous waste collection
program, which will be available fo households within Participating City.
3.
TERM
Tf�is Agreement si�a�l be eff�ctiv� fTam the date the last party has signed this agreem�nt
thraugh Septe�m�er 30, 2003.
4.
SERVEC�S OF FORT WORTH
Fort Worth agrees to p�r�orm tF�e folfowing services for Par�icipating City in cannection wit� the
ECC house�nld hazardous waste collection program:
A. Fort Worth wifi administer a regional hausehold hazardous waste colleciion progra�n.
Ti�is program will include the aperation of the Enviranmental Coll�ctian Center, which
will accept for disposal andlor recycling housenold hazardous waste from househalds
located within Participating City. Fort Wo�th shafl not accept campressed flammable gas
containers; radioacti�e materials; explosives or potentially shock sensitive materials;
biological, etiologic, and infectious materials; wastes from businesses; and any other
was#es that Fort Worth has determined are unacceptable.
B. Fort Worth wi[I employ or retain parsonnel to pravide the services n�cessary to perform
Fort Warth's abligations in this Agreement.
C, Fort Workh will enter into a co�ntract(s} with wast� disposaVrecycling firm(s) for the
hand�ing, collectian, transportation, storage, disposal, treatment, reco�ery, and/or reuse
of household f�azardous waste, whieh is collected at #he ECC.
D. Fort Warth will, if requesfed in writing by Participating City, �rovide Participa#ing City with
capies of waste manifests for shipments of wasfe from the ECC.
E. �ork VIIQr�h will, if requested in writing by Participating City, provide Participating Ci#y a
manthly r�port of the Participating City'S hauseholds who disposed of household
hazardous waste at the Environmentai Colfection Center or a Mobile Ca1[ection Event.
F. Fort Worth will issue a repart and a bill at #he end of each quarter detailing the number af
Participating City's t�ausehalds that disposed of househald hazardo�s waste a# the
Environmen#al Collection Center or at a mobile collectian event.
G. Fort Workh will act under fhis Agreement in accordance w�th al� applicable state and
��dera[ laws.
H. Non-Fori Worih Mobile Colfection Unit
1. Fort Worth agrees to accept household hazardous waste from Participating City's
MCU in accardance with Section 5, oF this agreement.
2. Fort Wa�ih agrees to restock the items it removes fram Par�icipatir�g City's MCU,
howe�er, For# Worth shall only restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
Mobile Collection Events —Llsinc� Fort Worth"s Uni#
lf Parkicipating City woufd iike fo schedule a mabiie collection event with
th� Fart Worth Mabile Collection Unit, Fort Worth will send Participating
City a fist of available dates. F'arkicipatir�g City will contact Fort Workh as
soon as possibfe to schedule the date, time and loca#ian agreeable #o
both parties.
(a) Location
If Participating City choases to hold the Mobfle Collection Event on
privafie properiy, Participating City sh�ll obtain a signed waiver
frQm the owner of the �raperty 1 week priflr in tY�e event. The
waiver shafl be in the form of Exh9bif B or similar farm approved by
Fort Worth. The signed waiver musk be sent to Fort Worth 1 week
befare the Mobile Coilection Event. If the signed waiver is not sent
ta For� Worth 1 week before fhe Mobile Colfection Event, Fort
Worth will not send the Fort Worth Mobife Co�lection Unit t� the
event and Participafing Cify will, in na event, be entitlad to any
damages of recavery af any costs, except as provided herein.
�b) Available Dates
Participating City acknowledges that �ort Worth cantracts with
other municipalities and that Fort Warth will be accommodating
each Pa�ticipating City's request on a�rsi come first served basis.
Therefore, Participating City acknowfedges that its chosen date tfl
schedule a mobife cnllectian event may be reserved by another
City and Participating Cfty wiH ha�e to choose another da#e.
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Participafing CEty will, in no event, be �ntitfed to any damages or
reco�ery of any costs, except as provided nerein,
2. At the Mobile Collection Ever�t, Pa�icipating City acknowledges and agrees fihat
Fort Worth shall accept househald hazardous wasfe from the first 50 households
that show proof of residency at the Mobile Collection E�ent. After the first 54
households, Fort Worth will determine in its sale discretion how much more
waste it can accept and store properly. If more househofds arri�e at the event
tF�an Fort Worth can accept, Participating City wili in no event be entitled to any
damage of r�ca�ery of any costs, except as provided herein.
3. Due ta the lack of storage space at the ECC, Participating Cifiy acknowledges
and agrees that if it requests the For� Warth Mobile Callectian Unit at a mobile
calfecfion event, a Participating City's Nan-Fo� WQrth Mobile Collection Unit shall
not also be at the event.
4. City, in its sole discrefion, will determine whether to send the Fort Worih Mobile
Collection Unit to Participafing City's Coll�cfion Even# during adverse weather or
the threat af adv�rse weather incfuding but not limited to sleet, snow, rain, mist ar
hail. In the event Fort Worth determines not to send the Fort Warth Mabi�e
Col�ecfron Unit, Fort WorEh shall notify persor�s iisted in S�ction 5, Paragraph A
and shall send a Fort Worth employes #o the Par�icipating City's event to tell any
residents that come to dispose of hflusehold hazardoc�s was#e; 1) that the Fort
Wortt� M�bEle Collection Un9f will not be coming to the ev�nt, and, 2} tF��at the
resident can go fio the ECC to dispnse ofi #he waste and pro�ide a map to the
�CC.
5.
DUTIES OF PARTICIPATENG C1TY
Participating City agrees to perfvrm the following duties in connection with the household
hazardous waste callection program:
A. Participating City wiEl designate on� of its emplayees, and another as an alternate, to act
as its househald hazardaus waste co�lection coordinatar ta inferact with Fort Warth.
Designated person is; Shellv Lanners telephone number: 817-473-1943
Pager number or 24-hour number where he ar she can be reached; 817-667-39I2
Alternate person is Cathy Anderson ielephone num�er: 817-473-9371, exr.. 2b5
Pager �umber ar 24-hour number where he or sYte can �e reached: g17-227�-4675
B. Participating City will cvardinate and fun� all pragram adrrer�ising targeted to its own
citizens, as it deems necessary. Such ad�ertising shall include the typ� of wastes that
will be accepted at the ECC, the requirement of proaf af residency and weather
canceliation infnrmation.
C. Participating C9ty shaEl natify its residents of the ECC hours of operatian and dates it is
closed as pravided in Section 9"Th� Environmental Co�fection Cenfer Hours of
Operation,"
D. Participating City may choose to utilize a �oucher system for its residents in order fior
them to bring HHVI! to the ECC. !f Partic�pating City cho�ses to use such a system, it
shall notify Fart Warth of the decision, and s�ail provide Fart Warth with a copy of ti�e
afficial voucher. In addition, if a citizen from a Participafing City that utilizes a �aucher
system comes to the ECC or a mabile collection event wit�out a voucher, Par�icipating
City acfcnowledges and agrees that For� Worth will nof accepf the househa�d hazardo�s
waste until Participatfng City autF�orizes the acceptance in writing.
E. Participatin� City may submit a written request for a monthly report �isting the number af
its city's househofds that have disposed of housenold hazardous waste at the ECC or a
mobile callection e�ent.
F. Participating City shall pravide frafflc control ar�d sigr�age for the mobile collection
e�enfs, and shall pravide persannel to assist Fort Worth with the survey and screer�ing
of persons dropping off househald hazardaus waste. The parties prior to th� e�enf shall
agree upon the details of the traffic control, signage, and personnel assistance,
G. Participatinq Citv's Mobile Collection Units C�Ilectina Household Hazardous Waste
Participating City shall advise the �CC �rogram manager at feast 72 h�urs in
advanc� af its mobile callection events. Pa�tic[pating City shall collect onfy HHW
during a mobile collection event. Wastes from commercial, agricultural, and
industrial sources shall not be accepted. Participafing City s�al� not accept
compressed flammable gas containers; radioacii�e materials; explosives or
potentially shock sensitive materials; biological, etiolagic, and infeetious
mat�rials; and any other wastes #hat Fart Worih has determined are
unacceptab�e.
2. In accardance with the latest DOT requirements, Pariicipating City's MCU
operators will properly categd�ize, package, mark, labef, and laad into the MCII,
all wastes recei�ed at the mabile collection e�ent, Recyclabl� products (used oil,
used oi! filters, latex paint, recyclable anti-freeze, lead�acid batteri�s, and
fluorescent lights) will be segregated into containers for recyclables.
3. After accept[ng wastes, Participating City's MCU operators shal[ thoroughly
check �ach cantainer far proper labeling and identification, If a container is
properly i�entified, the material wi[I be segregated according to hazard class and
pre�ared for packaging. If a container does nat ha�e adequate labeling to permit
identificatian, the MCU opsrators shal! then attempt to identify the mat�rial from
its physical cf�aracteristics �sing HAZCAT analysis and from informa#ion �ravided
by fhe household presenting the wasie.
4. The Par�icipating City's MCU operators shalf }�ackag� al1 hazardous materials in
accordance with EJnited 5fates Department af Transpartation (DOT)
requirements, United States Environmental Protection Agency (EPA)
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requ9rements, and alf other applicable federal and state requirements. After all
the wastes have been properly identified a�d segregated, the MCU operators wilf
reexamine the wastes for campatibifity, list them ar� the container cont�nt sheets,
and pack them intc� drums. Oii-based paints and fatex painis shall �e bulked
separately in 55-gallon drums, or if the paint is Isft in its container, the paint car�
be packed in a lined cubic ya�d bax, and packed and labeled accordir�g to federaf
and state regulatians. Participating City shall not transport waste that is not HHW
ta the ECC� Participating City agrees to maice its own arrangements to dispose of
any non-HHW waste cofl�cted at the event.
5. Prior to transparting the HHW from the callection event site(s), PartEcipating City's
MCU op�rators sha�l complete a Bill of Lading, and shall keep tF�e Bifl of i.ading
in the cab of the truck F�auling the MCU during transporiation of the HHW fo the
EGC. Participating City shall require tf�at a minimum of one copy of tF�e latest
North Arr�erican Emergency Respanse Guidebook be kept within tihe cab of the
truck,
6. Duri�g transporiation, Participatir�g City's MCU operators shah placard the MCU
fior transportation of f�azardous waste in accordance with federal and state law.
7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall
follow the instructions af Fort Warth regarding the piacement ot the MCU for
unfoading. Fort Worth shall take passession of the MCU fram Pa�ficipating City
affer the MCU has been properly parked far unloading in accnrdance with Fo�t
Worih's instructions and all required documents ha�e been delivered to the ECC
program manager or his designee at the ECC. Fort Wor�h shall, within a
reasonable amount of tirne, unload the HHW t'rom t�e non-Fork Worth MCU and
store the HHW at the �CC.
8. Ef Fort Worth, in its sole discretion, determines that Par#icipating City's MCU
aperators impToperfy packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating City shall reimburse Fart Worth as
set forth in Seciion 9 0., Paragraph B.
9. If a spill occurs at the ECC whi�e the MCU is still in Participating City's
possession, �ort Worth shafl take control of the spill r�sponse and Participating
City wi[I reimburse Fort Worth for Ets response costs as set forkh in Section 10,,
Paragraph C.
6.
U5E OF WASTE DISPOSALIR�CYCL[NG FIRMS FOR H4U5EHOLD HAZARDOUS WASTE
A. Fort Worth wil! enter into a contract(s} with waste disposallrecycling firm(s) for the
handling, collection, tra�sportation, storage, dEsposal, #reatment, recovery, andlor reuse
af house�old hazardaus waste, wh�ch is coElec#ed at the ECC.
B. Such firm(s) shall be required pursuant to th� contract(s) to assume gen�rator st���s for
ff�e waste collected, {excluding used ail, lead-acid batteries and antifreeze} to choose a
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disposal site far the waste subjeci to Fart Worth's approval, and to indemnify Fart Wor�F�
and participating cities against any and all environmental damages and the violatian af
any and all en�iror�menial requirements resulting from the handling, collection,
t�ans}�artatiort, siorage, disposal, treatment, reco�ery, andlor recyc[ing of v�raste co[lected
pursuant to this agreement, wh�n said environmental damages or the violatifln of said
environmentai requirements was khe result of any act or om�ssian of contracior, its
afFicers, agents, employees, or subcontractors, or the joint act or omiss9on of contractar,
its officers, agents, emplvyees, or subcontractors and any other person ar entity.
C. ibE PAI�TI�S R�CBGAdI�� T�IAi ALYFiOU(qH iH� �I�IM (5) 111liLL �E Ft�QUIR�D
i0 ASSIJNfE C���RAiOR STAiUS, iHIS ASSUflI➢��ION WI�� fVOi FZFLlFVE
P/�R�ICIPAiINC CITY O� LIA�I�[iY �OR ib� WA57�, Ufd��� ����R/8� �A'4�d
r4N� Si�i� LAW. Fort Worth wi�l arrange far recycling vendors for used oil, batteries,
antifreeze, and other materials, as it deems approprlafe.
7.
REUSE OF COI.L�CTED MATERIALS
A. From time-io-time Fart Warth will make available fo residents and businesses of Fori
Worth, as wel[ as, Participating Ciky and residents and businesses flf Participating City
for their use, callected househo�d hazardous waste materials that are suitable far reuse,
such as paint, fertilizer, mator oil, and antifreeze. Fart Warth shall not charge for any
materials that ar� picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by
�art Wort� prior to being made available. Us�d antifreeze wEll have bae� c�nsolidated in
a barrel, filtered, and pH balanced, and new antifreeze may have besn added ffl fhe
ba rrel.
C. In regards to materials acce�ted by Par�icipating City, �eRi VI����'Fi IU��K�S AEO
R�#�R�S�NiAiIOfVS, LMARRA,I�T'I�S OR CU�4R/�Ni��S TbAi:
1. #he container contents are w�at the 1abe1 indicates;
2. tt�e container cant�nts are those orig�nally placed into the container 3�y the
manufact�r�r;
3. the praduct is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instruc#ions on the container label for use, storage, and first aid are current ar
correct;
6. the container is in unimpaired condition;
7. the product is still approved far use (i.e., it has not been banned or recaEled}; and
8. the product can be used without risk to persons, prnperty or the enviranment.
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�'URTbERMOR�, A�� EI4�ARRANT[�S, �XPR�SS AN� ffV���l��, AR�
SPECl�fCA�,�Y ��Nf�D.
D. Participating City shall contact the �CC program manager to arrange a pickup time to
obtain materials. Partieipating City agrees that it shall nof return to Fart Worth, directly or
indirectly, any materials it obtains fram Fort Wor�h under this paragraph.
E. IN R���oR�S TO NiAf��tIA�S AGC��iE� �Y PP►RiIC[�pTINC CITY,
��4R'FfCIPATIPIC C[ fY DOES HE�Z�BY WAIV�, ALI, CLi41iV1S, 1NC�,UDIR�G
�R09UCiS L[AB1LI�1( C�AINV�, AidD REL�AS�S, AhlD HOLDS H/�#R�11��55 iH�
CiiY O� �OR� '�!1'ORTH, AfdD AL� O� IT5 OF�IC[ALS, O�FIC�RS, FIVIPLOY��S,
l�G�iViS, AM� VOLUMiEERS, IN BOiW iH�l� �UB�IC AND P�111�►i�
C�►PACIiIES, FRONY AP�Y AND ALL �IA�I�IiY, CL�#IIV�S, SUliS, ���iIAiSDS,
�X��NS�S O� LI�IC�eilOf�, OF� C1�US�S O� �CTION V1d'HiCH IVI,4Y AR.15� �Y
R�AS�N O� IiVJURY TO P�R�ONS, �OSS O� �ROP�RTY, DAIV��C� T�
PROp�R�Y, Oa LOSS O�' IJS� OF Ai�Y PROP�R7Y , OCCASION�� �Y iHE
TRANSPOR'�A�'�ON, SiOR�►��, Hp►fV�]LING, US�, AN� D1SP05AL BY
�RR�ICIPATI�G CITY O� ANY iV�AT�RI��S A�C�F'i�D E3Y �A�[1C1�ATIf�G CI"f�
U{VD�R iFiIS AoGRC�M�Wi FFiOiV� �OF�71�lORTH.
�. In regards to maferials accepted by residents or businesses of Participafing Cities,
�DF�i V1fORTH iVlAK�S �f0 R�PR�S�NiAilONS, W��RAN�1�5 OR CUARAN�i�S
iHAT':
2.
3.
4.
5.
6.
7.
the container cantent� are what the Iabel indicates;
the container contents are those orfgi�ally placed inta the container by the
manufacturer;
fhe product is of the quality intended for its use;
the contents of the container have been stored praperiy;
the instructions on the container fabel far use, storage, and first aid are current or
carrect;
tha container is in unimpaired candition;
the product is siill approved for use (i.e., it has not been banned ar recafled}; and
8. the prodUct can be used without risk to persons, property ar the environment,
�UR`�F��RiIflOR�, ALL W�►RRp►NT11�5, �X�R�SS �.N� [M�Lf��, �RE
SPECl�[CAL�Y ��iVIED.
G. Participating City shall aftempt to inform its resid�nts and bus9nesses that if ff�ey go ta
the En�ironmental Col�ection Cenfer to pick up F�ousehold hazardous waste �or re�se, a
r�lease of liability must be signed to accept the hnusehold hazardvus waste for reuse.
10
8.
RIGHT TO REFUSE WASTE
Participaiin� City agrees that For� Warth shali have the right to refuse to accept waste at ihe
ECC from Participaiing Ciiy's resident and to eject such individual from the premises of the
ECC, if in t�e reasonab�e judgment of Fc�rt Warth:
A. The waste is not household hazardous was#e;
B. The waste fails to meet other established criteria established by this Agreement, or that
have been established by Fort Worth subsequ��t to the execution of the Agreement;
C. The individual does nat have s�fficien# identification to establish that helshe is in fact a
resident of Participating City;
D. Pariicipating City has implemented a voucher system for its resi�ents to dispose of
was#e, and the inclividual do�s not have a valid voucher; ar
E. The waste or the indi�iduaf presents a hazard to the ECC or to persons or property at
the ECC.
9.
ENVIRONMENTAL CO�LECTION CENT�R HOURS AND DAYS
�F �PERATION
A. Hours of Operation
During the term of the agreement, 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. Days the Environmental Co[lec#Eon Center wifl be closed
During th� term of the agreemenf, tne ECC will be closed an the following days:
Thanksgi�ing Holiday, Navem�er 28 -29, 2002
Christmas Holiday, December 25, 2002
January 1, 2�03 through January 08, 2D03, #or cleanup and repairs
M.L.K. Day.lanuary 20, 2403
Memorial Day, May 26, 2003
Independence Day, July 4, 2003
Labor Day, September '� , 2�03
C. Notifying Residents
Participating City agrees to natify its residents of the ECCs hours c�f operation and dates it wifl
be clased. Participating Ciiy may advertise the 2�-hour En�ironmental Collection Center
11 L� �r.:}�
, -:,,:� ,�a,.
� f
� � �x �' (I
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tel�phon� number ta give its residents the En�ironmental Collec#ian Center's hours. The
number'ts: (8�7) 871-5257.
10.
COMPENSATION
As fair compensatian �or the services provided by Fort Wo�th pursuant to this agreement:
A. Participating City agrees to pay Fori Workh the sum nf $�a.UO per household per visit to
th� ECC or per household for participation in a Mobile Col[eciiort E�ent to dispose of
hausehold hazardo�s waste.
B. If Fort Wo�th deterrnines that Participating City's MCU operatflrs impraperly packaged
any of the HHW delivered to the ECC, Fort Worth shall repackage such was#e, and
Participating City si�all reimburse Fort Worfih for it staff time at $20.00 an haur and the
cos# of suppli�s.
C. If a spili occurs at the �CC while the Non- Fort Worth MCU is still in Participa#ing City's
possession, Forf Worth shail take control of tF�e spill respons� and Par�icipating City will
reimburse �orE WoriF� far its response costs of $64.40 per hour staff time and the c�st of
supplies.
D. The amount due to Fort Wor�h for services pra�ided under this Section, Paragraphs A,
B, and C, shall be billed to Par�icipating City quarterly. Participa#ing City shall pay F'ort
WortF� within 30 days of recei�ing a bill from Fort Worth. If F'ort War�h does not recei�e
payment within 30 days, Fart WortF� shall inform Partici�ating City in writing that it will not
accept any hausehold hazardous waste from Participating City's residents and that Fort
Wort� will r�ofi parficipate in a mobile col[ection event or pro�ide a mobile collectian unit
until paid.
E. At the end af tf�e term of this Agreement, For� Warth shall pro�ide a final accaunting ta
Part[eipating City, which will include the total number of Par�icipating City's households
which participated in the program, repackaging fees, if any, and the total cost of spill
response charged to Participating City, if any.
F. P�rsuant to the requirements of Governmet�t Code §791.011 (a)(3), the amount due to
�ort Worth under Subparagraph D. abave shall be paid from re�enues currently
avaiRable ta Pariicipating City in the present fiscal year.
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11.
ARTWQRK, "CAPTA�N CRIJD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LlCENSE AGRE�MENT
Fort Wor#h is t}�e owner of "Capiain Crud" and the Cruddies �"C loomer," "Otfio," "Pestie,
"Scrub,"' and "Van Gon") "Conquer Your Crud," and "Crud Cruiser", and therefore a[I
ownership rights belang ta Fort Worth. �ort Worth has registered th�se marks as service marks
with tF�e Secretary of 5tate.
A. Fort Wort� hereby grants to Participating City a non-fransferable, non-exclusive license
ta use all the artwork and promotional materials that may be provided by �art Wo�tF� to
b� used solely in the conduct af the business of Par�icipating Ciiy's disposal and
recycling Qf househofd hazardous waste programs. I� Participa#ing City wishes to use to
Licensed Art andlor Promationaf Materials in ather limited situations, Participa#ing City
must first obtain express written consent from Fort Worth.
B. Fort Worth may provide licensed Artwark a�d Promotional Mat�ria[s to Participating Gity
pursuant to the terms of #his Agreement. Participating City acknawledges that by virtue
af this L.icense, Participating City acq�ires only ihe right ta use the ariginal and permitted
duplicate copies of the �icense� Artwork and Pramotional Ma#erials and daes not
acquire any rights of awnership in the Licensed Artwork and Promotional Materials,
whicF� rights shall remain exelusiv�ly with Fort Vllor�h. Ifi Participating Cify wants to modify
or change the artwork andlor promotional materials in any manner, Participating City
hereby agrees to contact For� Worth in writing to obtain written consent before modifying
or changing any artwark andlor promotional materials.
C. If Participating City desires an actor to portray "Captain Crud" for an e�ent, Participating
City shall use actors approved by Fart Wor�h to poriray "Captain Crud" since "Captain
Crud" is awned by Fort Worth. Participating City shall be salely responsible for
compensating actor for the servic�s pro�idecf ta Participating City, Participating C[fy will
cantact Fart Worth as soon as possible with the date and time of the event agreeab[e to
both par�ies ta obtain approval for the chose� actor and to request and pickup the
"Captain Crud" costume for its e�ents. Fort Worth wifl provide the "Captain Crud""
costume. Howe�er, Participating City agrees t� b� fiable to Fort Workh for any damaga to
the costume or if Participating City fails to return �he entire costume to Fort Warth ar if
fhe costume is not returned in tF�e same condition as received.
� z.
IMMUNITY
It is expressly understoad and agreed that, in the executifln of this Agreement, none af the
partic9pating cities waives, nor shall be hereby deemed to waive, any immuniiy or defense that
would otherwise be avai[able to it againsf cfaims arising in the exercise of governmental powers
and functions, and that the services described in this Agreement are a governmental function.
13 -
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13.
�ORCE MAJEURE
A delay ar failure of For� Worth to perForm services pursuant to this Agreement shall be excused
fo tf�e extenf that the delay ar failure to pertorm resulted fram a force majeure ever�t, and the
defay or fai[ure was beyond the control of For� Wo�th and not due to its fault or negligence.
Partici�ating City shall not ha�e, and hereby waives, any claim whatever far any damages
resulting from delays or failure ta perform caused by a iorce majeure ever�t.
1 �4.
TERMINATION
The parties shall each ha�e the right to terminate the Agreemeni for any reason, with or wit�out
cause, upfln thirty (30} days written notice to the other party. Upon termination, the parkies shall
be released from all contractual obligations ta the other party excluding "USE OF WASTE
D15POSALIRECYCLING FIRMS �OR HOUSEHOLD HAZARD�US WASTE" {Paragraph 6)
"REUSE QF COLLECTED MAT�RIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDlES," AND PROMOTIONAL MATERIALS I�[CENSE AGREEMENT'
{Paragraph 1'[).
15.
NOT[CE
Any notices �equir�d to be given under this Agreement shall be delivered as fopows:
If fo F'ort W o�th �
Brian Boer�er, CHMM, Director
Department of En�ironmental Management
City of Fort worth
1000 Throckmorton
Forf Worth, Texas 76102
If to Par�iciqatina Citv;
She1.�.y Lanners
Ac�in� Parks & Recreation� Directar
City of Mansfield
130.5 Easr Broad Street
Mansfield, Texas 76063
16.
�NTI RETY
This Agreement contair�s all cammitments and Agreements of the parties hereto, ar�d no other
nral or written commitments shall have any force ar effect if not cantained herein, except that
this Agreemenf can �e amended ar modified by t�e par�ies if suc� am�ndment or modification is
in writing and signed by Participating Cify and �'ort Workh.
14
17.
SEVERABILITY
In the event anyone or more of ti�� provisians contained in this Agreement shafl far any reason
be held ta be invalid, iflegal, or unenforceable in any respeci, such in�alidity, illega[ity, or
unenforceability shall not affeci any ot�er provision thereof and tf�is Agreement shall be
construed as if such in�alid, i[legal, or unenforceable provisians had never been cantained
herein.
18.
VENUE
Should any action, real or asserted, at law or in ec�uity, arise out af the terms and conditions af
tf�is Agreement, venue far said action shall be in Tarrant Cauniy, Texas..
19.
AUTHQRITY
This Agr��ment is made #or Fort Warth and Par�icipating City as an Interlocal Agreement,
pursuant to Texas Governrnent Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers andlor agents of t�e parties herefio are properly authorized officiaEs
and have the necessary authority to execute this Agreement on behalf ofi the parties hereta, and
each party hereby certifies to the ather that any necessary resolution�, extending such authority
have been du�y passed and are now in full fflrce and effect.
15 � ,,,'4� � -��
. _ _.. �, � ���
� 'i� 1�
EXECUTED IN TRIPLfCATE
CITY OF FORT WORTH
By: �
� .
� '� �� �r _.;� .
� Watsar�
Assistant City M�nac�er
� ,
Date: � -
.� . ,
APPROVED AS TO F4RM
AN� LEGALITY:
C�.�o;��r
Assistant City Attorney� U
A T:
�l.�C �
loria Pear n
City Secr ary
� � ��� �
Contract authorization
���-���o�
Qat�
��`����a��� ����. �
� �_ �r��.��� "
'� ' "`i�l� M� �
C3ty af Mansfield
�
�� �-�'�'
Printed na She11y Lanners
Tltle: Actiin� Parks & Recreation Director
�afe: August 27, 20Q2
APPROVED AS TO �ORM
AND L�GALITY:
.
,
- - • .;- c--�.
_ ._ City Attorney �
ATTEST:
t "
JI.J�J�.�.. �,,,1
City Secretary
16
i
r
Exhibif "A"
��Si�C�ING Ll�i ��R iH� N�8�1�� COLL���'ION l�fVl�
fh�aterial /�mouni Ftestnckec� �
55 gallan open tap Amaunt taken off the
drums (open top for trailer
loose packs)
55 gallan drums Amount �aken off the i
(closed top) (oif, #railer
antifreeze, bulk
I flammable materials
and one extra)
Fib�r drums {�5 or 30
gallan} Aerosols, Amo�nt taEcen off the
acids, bas�s and trailer
oxidizers)
Gaylord box lin�rs � �
(plastic} Amount taEcen off the
trailer
55 gallon drum liners
Amount taken ofF t��
trailer
5 gallon buckets
(filterslhaz chemicals) Amounf taken aff tF�e
trailer
� 5urvey Forms �
Amount #aken off th�
trailer
Labelsldrum placard �
Amount taket� off the
. traifer
Gaylord boxes
Ama�nt ta�Cen ofFthe
� trailer
I A�sorbent pads �
Amo�nt taken off the
traifer
Vermiculite '
Amount taken off the
trailer
Oil dry
Amount iaken off the
trailer
Promotio�af Maferia�s
& Brochures Amount needed
17
Sp�cial Aleeds Remarks
� ,,�� � � ,
��
_I��I . .
s. c;
i ,� . i, ,
,. r -
�xh�bit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTI�N DF H�USEHOLD
HAZARDOUS WASTE
I being the c�wner of prop�rty lncated af
have been asked by the City af to allow a mobile collection
event on my property to callecf household hazardaus waste on the , 2001,
ln consideratian of , I hereby gEve my permission to the Ciiy of
_ to hold a househofd ha�ardous waste collectian evant an my
prop�rty in which the City of has asl�ed the City of Fort Worth
ta s�nd its mobile collectian unit to coflect the hausehold hazardous waste that is braught to the
e�ent.
Therefare, �n cansideration of , i hereby RELEASE,
D[SCHARGE, HOL[3 WARMLESS, INT]EMNiFY the City of 1=or� Worth Qr ifs of�icers, agents,
and employees and the Gity of an� its officers, ag�nts,
andlar employees for any and all claims, demands, liability, causes of actian, actions ar sUits of
any character thaf I may have against the City af �'ort Worth or its officers, agents, andbr
employees and the City of or its off�cers, agents, and/or
employees for any praperty loss ar damage, for any and all personal in�ury including death or
any oth�r damage of any kin� or character which may aris�s or that arises frorn aflowing tl�e
City of to hold a househa[d f�azardous waste coflection e�ent, in
which the City of Fort Worth sends its mobile collection unit on my prop�rty.
I have read this Waiver and Release ar�d fully understand its terms and conditians. 1 have not
been influenced in ar�y extent whatsaever by any representat[on or statements nat confained in
this Agreement, I hereby acknowledge that this Waiver and Release is given in consideration of
Signature
Witness
❑ate
18
,x, _
� �� �
�xty of �or�t Wo�th, .�'e�as
� 1Vl��r�r ���t ��r���f� ������ic�fi��e
DAT� REFEREI�fC� NUMBER LOG NAME PAGE i
9/24/02 . **C�192�� � 52COLLECT � of 2
SUBJ�CT INTERLO�CAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
PARTICIPATION AT THE ENVIR{�NMENTAL COLLECTION CENTER
REC�MMENDATION:
lt is recommended that the City. Cauncil authorize the City Manager ta execute interlocal agreements
� rrvith various murticipalitieslentities far participation at the Environmental Collaction Center.
❑ISCUSSION:
� The City's Environmental Colleetian Center is now in its sixth year of operation collecting household
hazardous waste from the citizens of Fort V'�orkh and surrvunding communities on a year round basis,
' In order. for non-Fort Workh citizens to participate at th� Environmental Collection Center, each
municipality is requ�red to enter into an interlocal agreement with the City of Fort Worth.
� The rate per household fvr t�e p�riod correred by the�e agreements (October 1, 2402 through
5eptem�er 30, 20a3) is $50.40. Th� decrease in the rat� is cfue to receipt of a grant from the Narth
' Centra! Texas Council of Governments that will pro�ide $� 50,000 far dispasa! costs during FY2002-
20a3. !t is anticipated ihat approximately $420,000 will be coll�cted under these. agreements. During
' FY2a01-20Q2 twenty-six area communities sigr�ed participation agreements with th� Gity of Fort Worth,.
, For the upcoming year we expect all of those communities to �articipate and ha�e had interest
e�ressec� by six others.
This agreeme�t outlin�s the responsibilities of each party, establishes the rat� for participatian, and
� delineates the usage of service marked, public education materiaL . The City of Fart Vl/orth is
responsi�le for overall o�eratian of tf�e Environmental Collection Cenfer including contracting with a
� hazardous v+�asfe disposal company for transportation and dispasal c�f materials coll�cted. Th�
� following entities have expressed an inter�st (*) or are e�pected to commit to participation for the period
October 1, 2002 through September 30, 2003:
Ar(ington
i Benbraok
� Cleburne .
Euless
i Haltam City
Kennedale*
� North Richland Hills
Roanoke*
� Steph�nviNe
� Upper Trinity Regionaf Water District
White Settlement*
Azie
Burf�son
Colley�ilfe
Grar�d Prairie
Hurst
Mansfield
Richland Hills
Saginaw
Trophy Club*
Venus
WiUow Parl��'
Bedford �
Cedar H�II
Everman�
Grapevine
K�ller
New�ark
River Oaks
Southlake
Un-incorporated Tarrant County
Watauga
�ity of �'ort �orth9 Texas .
J�l�y�r ��� ���r�cf� ������ic��i�� � _ _
DATE REFER�NCE NUivIBER LOG NAME PAGE
9/241D2 **�-�y ���� � 52COLLECT � 2 of 2
suB.�ECT INTERLOCAL AGREEMENTS WITH VARIOUS MUNIGIPALITIES FOR
PARTiCIPATI�N AT THE ENVIRONMENTAL C�L.LECTI4N CENTER
FISCAL INFORMATIONICERT[FICATION:
The Finance Director cerkifies that the Ertvironmental Management Departm�nt wi{I be responsible for
the callection of funds due under these agreem�nts.
LW:n
� Submitted for City Manager's
OPfice by:
Libby Watson
Originating Department Head:
Brian Baemer
F'UND I A�COUNT I CENTER � AM�UN'I`
�to� .
R103 488220 0521100
b183
8D79 (fram)
CITY SECRETARY �,
Additionaj Infarmation Contact:
Brian Boerner
Sp79
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1
I APPROVED 9124l02
�
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