HomeMy WebLinkAboutContract 28028���� ��������� p
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[NTERL�CAL AGREEMENT FOR PARTIC�PATI�N IN FORT WORTH'S
�NVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEM�NT is entered into by and between the City of For# Wor�F�, Texas, a f�ome-rule
municipal carpora#ian situated in Tarrant and Denton Counties, Texas, hereinafter called "F'ort
Worth," acting herein by and through Libby Wafson, its duly authorized Assistant City Manager,
and the Citv of Keller a munici�ality situated in Tarrant countyTexas,
hereina�ier called "Participating City," acting herein by and throughLYle H. Dresherits duly
authorized C��y Manager .
WlTNESSETH
WHEREAS, Texas Go�ernmeni Code, Chapter 791, authori�es the form�lat9on ofi interlocai
coaperation agreements b�tween and among local governments; and
WHEREAS, Texas Government Cod�, §79�.011 provides that a Iocal go�ernment may cnntract
with another ta perform governmenfal functions ar�d services, and §791.403(3)(H) defines waste
disposal as a governme�tal function and service; and
WHEREAS, Texas Govemment Code, §791.025 pro�ides that a local g��ernment may agree
with another Iflca� government ta purchase services; and
WH�REAS, Fort Warth and Pa�icipating �City desire to enter inta an interlocaf agreement
whereby For� Worth will purci�ase the services ot a waste disposallrecycling firm or firms and
will administer a hausehold hazardous waste collectian program; a�d
WHEREAS, Fort Worth and Parkicipating City mutualfy desire to be subject ta the provisior�s of
Texas Government Code, Chapfer 791, alsa known as the lnterlocal Coaperation Act.
NOW THEREFORE, it is agreed as follows:
�.
DEF�NITIONS
A. Unless a provision in ihis Agre�ment explicitly states otherwise, t�e fallowing terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act accasinned by the direct, irnm�diate, and exciusive operation
of the forces of nature, uncontrolled or uninfluenced by the power of humans anc! �n+iihout
human interv�ntion.
Bili of Ladinq lists the contents af the mobile colfecfion unit.
Environmenta� Collection Center (ECC} means the Ciiy of Fork Wo�#h Department of
Environmenfaf Management facil9ty located at 64Q0 B�idge Street, Fort Worth, Texas,
which is to be used by Fort WortF� for the aggregation of household hazardous wastes
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thaf ha�e been brought to the facility by participating cities' hauseholds for subaequent
recycling, disposal, and/or reuse.
Environmental damaqes means all ciaims, judgm�n#s, damages, losses, penalties, fines,
liabilities {including strict liabi�ity), eneUmbrances, lier�s, costs, and expenses af
investigation and defense of any claim, whe#her or not stach claim is ultimately defeaied,
and of any good faitf� settlement or judgment, of whatever kind ar nat�re, contingent or �
otF�erwise, matured or unmatured, foreseeable ar unforeseeable, including without
limitation reasonable at�orney's fees and disbursements and consuftant's fees, any of
which are incurred subsequent to #he execution of this Agreement as a result of the
handling, cflifection, transportation, storage, dispasal, treatmeni, reeovery, andlor reuse
af waste pursuant ta this Agreement, or the existence af a viola�ion of enviranmenta!
r�quirements pertaining to same, and incl�ding wit�,out fimitation:
(a) Damages for personal injury and death, or injury to property or natural resaurc�s;
(b) Feea incurred for the services afi attarneys, consultants, contractors, experts,
laborafor�es and al! other cos�s incurred in cannection w9th the investigation or
remediation of such wastes or vioiation of environmentai requirements incl�ding,
but not limiied ta, the preparation of any feasibility studies or repor#s or the
performanc� of any cleanup, remedia#ion, rernoval, resp�nse, abatement,
containmen#, closure, restaratian ar monitoring work req�ir�d by any federal,
state or local governmental agency or pofitical subdivisian, or atherwise
expended 'm cannection with the �xistence of such wastes or vialations of
environmentai re�uErements, and including witF�out fimitation an� attorney's fees,
costs and exp�nses incurred in enforeing ihis Agreement or collecting any surns
due hereunder; and
(c) �iability to any third persor� ar governmental agency i� indemnify such person or
agency for costs expended in connecfion wiih fhe items referenc�d in
subparagra�h (b} ��rein.
Environmental reQuirem�nts mearts all applicai�le present and future statufies,
regula#ions, rul�s, ordinances, codes, licenses, permits, .orders, approvals, plans,
authorizatians, cancessians, franchises, and similar items, of all go�ernmental agencies,
de}�artmen�s, commissions, boards, bureaus, or instrurnentalities af the United States,
states, and pofitical s�bdivisions thereof and all applicab[e judicial, administrati�e, and
r�gulatary decrees, judgments, and orders relating ta the pratection af human health ar
the environment, including without limitation:
(a) All requirements, incfuding but not limited to those periaining to reporking,
ficensing, permi#ting, investigaiian, and reme�iatior� af orriissions, discharges,
rel�ases, or threafened releases of hazardous materials, pallutants,
contaminants, ar hazardaus or to�c substances, materials, or wastes wY�ether
solid, liquid, ar gaseous in nature, into tF�e air, surFace water, groundwater, storm
water, or land, or relating tQ the manufacture, processing, distribution, us�,
treatment, stc�rage, dispasal, transport, or handling af pollutan#s, contaminants, or
hazardaus or taxic substances, mafierials, ar wast�s, whether solid, liquid, or
gaseous in nature; and
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{b} All requirements pertaining to fF�e protection of the health and safety of
employees or the public.
Farce maieure means decrees of or restraints by a go�ernmental instrumentaEity, acts of
God, work stoppages due to labor d�spufies or strikes, fail�re af Fari Warth's
contractor(s) to perform pursuant to their agreements with �art Worth for the cancfuct of
the callection ofi household hazardot�s waste, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Hausehold hazardous wasfe {HHW) means any solid waste generated in a house�old by
a consumer which, except for the exclusiQn provided fior in A�0 CFR § 269 .4(b)(1 }, r�vould
be classified as a hazardaus wasie under 40 CFR Part 261.
Manifest means the unifarm hazardous waste man�fesi farm{s) furnishec! by the TNRCC
to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste
for waste transported to a site in Texas, or the camparable manifest of the receiving
state if the waste is transported out of Texas.
Mobife collection event means a F�ousehofd hazardous waste colleciicar� eveni by
Par�icipafing City utilizfng a mobile collection unit.
Fort Wo�th Mobile collection unit lMCU? means a non-self-propelled vehicle used for tf�e
periodic collection of hausehold hazardous waste by Participating Cit�r, of��site ofi the
ECC, whicn is trans�orted to the ECC to dispose of the househald hazarda�s waste
collected at the mobile collection e�ent. The For� Vllorth Mobile Coilection Unit is
designed to hald the hazardous was�e of approximately 50 to 75 househo[ds.
Participatina Cities, when us�d in fhe plural, means Fort Warih, Participating City, and all
otf�er entifiies which have entered into interlocal agreements with Fort Warth for the ECC
hausehald hazardous waste callection program.
Person means an individuaf, corparatior►, organization, gavernment, or go�ernmental
sUbdirrisian or agency, business tr�st, par�nership, association, ar any other [egal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health
and 5afefy Code §361.003, and including hazardous substances.
B. Ur�less a provision in this Agreement explicitly states otherwise, the �ollowing
abbreviatians, as used in this Agreement, sF�alf have the meanings hereinafter
designated.
C�RCLA - Comprehensi�� Environmental Response, Compensation, and Liabiiity Act.
CPR - card�opulmonary resuscitation.
D�T - United States Department of Transportation.
ECC - Environmen#al Collection Cent�r.
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EPA - United 5tates Environmental Protection Agency.
HAZCAT - F�azardous categorization.
HAZWOPER - hazardous waste operatians and emergency respanse.
HM - ha�ardo�s materials.
HHW � househofd hazardous waste.
MCU - Mobile Ca[lectian Unit.
2.
PURPQSE�
The purpase of this inter[ocaf agreement (hereafter "Agreement") is the provision af services by
Fort Worth to Participat9ng Ciiy whereby, subject to the terms and conditions specified below,
Fort Worth rrvill administer and supervis� a reginnal household hazardous waste collection
program, which will be a�ailable #o households rrvithin Participating City.
�.
TERM
This Agreement sha11 be effective from the date the last par�y has signed this agreement
through September 30, 2003.
4.
S�RVICES OF FORT WORTH
�ort War�h agrees to perForm the following services for Par#icipating Gity in connection with the
ECC househnld ha�ardous waste collection pragram:
A. Fort Worth will administer a regional househo�d hazardaus waste collection program.
This pragram wil[ include the operatian of the En�iranmental Colfection Center, which
will accept for dispasal andlor recyciing household hazardous waste from households
located within Participating City. Fart Warth shalf not accept campressed flammable gas
containers; radioactive materia[s; explosi�es or pot�ntially shocfc sensitiWe materials;
biolagical, etiologic, and infectious materials; wastes from businesses; and any other
wastes that F'or# Worth has determined are unaccepfabie.
B. Fort Worth wiil employ or retain personnel to provEc�e the services necessary to perform
�ort Worth's obligations in this Agreement.
C. Fo'rt Workh wil[ enter into a cantract{s) with waste disposallrecycGng firm(s) for the
handling, collection, transportation, starage, dispasal, treatment, recovery, andlor reuse
ofi hous�hold hazardous waste, whici� is collected at the ECC.
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D. Fort Wor#h wip, if reques�ed in writi�g �y Participating City, provide Participating City wiih
copies of waste manifests for sf�i�ments of waste �rom the ECC.
E. Fort Worth will, if r�qu�sfed in wrifing by Pa�ici�ating City, provide Participating City a
monthly repo�E of the Participating City's households who disposed of househald
hazardous waste at the Environm�ntal Coflection Center or a Mabiie C�Ilection Eveni.
F. F'�rt Worth will issue a repor� and a bill at the end of each quarter detailing tF�e number of
Participat�ng Ciiy's households that disposed of household hazardous waste at the
Environmental Collection Center or at a mobile coilection event.
G. Fort V�lorth w[II acf under this Agreement in accordance witn all applicabl� state and
federal laws,
H. Nan-Fart Wortn Mobile Collection Unif
1. F'ort Wnrth agrees to accept household hazardou� waste trQm Par#icipating City's
MCl1 in accordance with 5ection 5, of ihis agr�ement.
Z. Fort Worth agrees to restock the items it removes from Participating City's MCU,
however, For� Worth shal! anly restock items listed in Exi�ibit "A", attac�ted and
incorporated herein as if set forth.
Mobile Ca[lectian E�ents —Usina F'ort Worth's Unit
1. If Participating City would like ta schedufe a mobile collection event with
the Fart Worth Moble Col�ection Unii, Fort Worth wiil send Participating
City a Eist af available dates. Participating Cify will cantact Fort Worth as
soon as pos5ible to schedule the date, time and location agreeable to
�ath parties. .
{a) Location
If Participaiing City chooses to hold the Mobile Col�ection E��nt an
private praperty, Participatin� City shaEl obtain a signed wai�er
from the owner of the property 1 week prior tn the event. The
waiver shall b� in the form of Ex�ibit B n'r similar farm appro�ed by
F'ort Worth. The signed waiver must be sent ta Fort Wor�h 1 week
before the Mobile Colfection Event. If the signed wai�er is not sent
ta Fart Wor�h 1 week before the Mabile Coll�ction Event, Fort
Worth will not sen� the Fort Worth Mobile Collection Unit ta the
event and Participating City wilf, in no event, be entitled to any
damages af reeo�ery af any costs, except as pra�ided herein.
{b) Available Dates
Pariicipating City acKnowledges that Fort Warth contracts with
other municipalities and thai Fort Worih will be accommod�tfr�g
each Par#icipating City's reques# on�a first come first served basis.
Therefare, Pa�ticipating City acknawledges that its chosen date to
schedule a mobile collection event rr�ay be reserved by another
City anci Participating City will ha�e tc� choose �n�th�r date.
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Participating City will, in no event, be entitled to any damages or
reca�ery of any c�st�, except as pro�ided herein.
2. At the Mobile Callectiort Event, Participating City acknowledges and agrees that
Fort Worth shal[ accept hausehold hazardous waste from the first 5� hauseholds
that show proo�f of residency at th� Mobile Co[lection E�ent. After the first 50
hauseholds, Fari Warth will determir�e in its sole discretion how mucF� more
waste it can accept and store properfy. �f mare househalds arrive at ti�e event
than Fort Worth can accept, Participating City wil! in no event be eniitfed to any
damage of recov�ry of any costs, except as pro�ided herein.
3. Due to the lack of storage space at the ECC, Participating City acknowledges
and agrees that if it requ�sts the Fort Warih Mobife Collection Unit at a mobile
collection e�ent, a Participating City's Non-Fnrt Worth Mobil� Collection Unit shall
nai alsa b� at the evenfi.
4. City, in its sole discretion, will determine whether to send tE�e Fort Warth Mobife
Collectian lJnit to Par�icipating City's Collection Event during ad�erse weather or
the threat of adverse weather incfuding but n�t limited to sleet, snow, rain, mist or
hail. !n fhe eveni Fort Worth determines not to send the Fort Warih Mabi�e
Colfecfion Unit, Fort Worth shall notify persons listed in Section 5, Paragraph A
and shall send a Fart Worth �mployee to t�e Participating City's e�ent ta tell any
residents that come to dispase af hous�hold hazardous wast�; 1} tF�at the Fork
Worth Mobile �Ca�lec#ion lJnit will not be coming fo the event, and, 2} that the
resider�t can go to the EGC to dispose of th� waste and pravide a map to the
ECC.
5.
DUTIES OF PART1Cf PATING CITY
Participa#ing City agrees to perform the faElawing duties in connectian with the household
F�azardous waste callection program:
A. Participaiing City will designate one of its empfayees, and anoti�er as an alternate, to act
as its househo[d hazardo�s waste collectian coardinatar to interact wi#h For� Worth.
Designated person is: xelly B. Kinq telephane �umber: 817-��431-3371
Pager number or 24-hour number where h� ar she can be reached: 817 � 4 31-1 S 15
Alternate person is Phyll.is J. Lee _ telephone number: 8�7-743-4002
Pager number ar 24-hour num6er where 1�e ar she can be reached: 817-896-3953
6. Participating City wi�l coordinate and fund all program advertising targ�ted to ifs own
citizens, as it deems necessary. Such advertising shall i�clud� the �ype of wastes thaf
will be accepted at the ECC, the requirement of proaf of residency and weather
cancellation information.
C. Participating City shafl notify its residents of tne ECC hours of o�eration and dates it is
cfosed as provided in Section 9"The Environmental Collection Center Hours of
Opera#ion."
D. Partici�ating City may choose to utilize a �oucher system for iis reside�ts in order for
them fo bring HHW to the ECC. If Participaiing City c�ooses to �tse such a systern, it
shall �otify Fort Worth of tE�e decision, and shal! pra�id� Fort Wor�h with a copy af the
official voucher. In addition, if a citizen from a Participating City that utiiizes a voucher
system comes to the ECC or a mobile collection event withaut a voucl��r, Partieipating
City acknowledges and ag�ees that Fart Worth wifl not accept the F�ousehold hazardous
waste until Participating City au�horizes the acceptance in writing.
E. Pariicipating City may submit a written request for a monfhly report lisiing the num�er of
its city's households that have disposed of household hazardo�s wasfe at the ECC or a
mobile colEection event.
�. Participating City shall provide traffic control a�d signage for the mobile colfection
events, and shall provide perso�nel to assist �or# Vlfor�h with the survey and� screening
of persor�s drapping off hausehold hszardous waste. The parties prior to fhe �vent shall
agree upon the details of the traffic contr�l, signage, and personn�f assistance.
G. Participatina Citv's Mobile Callection Units Collectir�a HausehoEd Hazardaus Waste
Participating Ciiy shall advise the ECC program manager at least 72 hours in
advar�ce of ifs mobile colleciion e�er�ts. Participating Gity shall collect on�y HHW
during a mobile collection event. Wastes from commercial, agric�ltural, ar�d
industrial sourees shall not be accepted. Participating City shall not accept
campressed flammable gas containers; radioactive mat�rials; explosives or
potentiafly shock sensifive materials; biological, et9ologic, ancf infectious
ma#erials; anci any other wastes that F'ort Wor�h has det�rmined are
unacceptable.
2, 1n accordance wi#h the latest DDT requirements, Pa�iicipating City's MCU
operatars will properly categorize, package, maric, label, and load into the MCU,
all wastes received at the mabile collection event. Recyclable products (used oil,
used oil filters, latex �aint, recyclabl� anti-freeze, lead-aci� batteries, and
fluarescent lights} will be segregated into confainers for recyclables.
3. After accepting wastes, Participating City's MGU operators shall #haroughly
check each container for proper labeling and identification. If a cantainer is
properly identi�ed, the material wilf be segregated according to hazard class and
pre�ared for packaging. If a container daes not have adequate �abeling to permii
identification, the MCU aperators shall then attem�t to iden�ify the materiaf from
its physical characteristics using HAZCAT analysis and from information pro�ided
by the househald presenting the waste.
4. The Par�icipating Cify's MCU operators shall package all �azardous materials in
accordance with llnit�d 5tates Department of Transpartatian (D�T)
requir�ments, United States Enrrironmental Proteciion Agency (EPA)
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requirements, and all ather applicabie federal and state reguirements. After all
tF�e wasfes have been �roperly identified and segregated, the MCU operators wifl
reexamine the wastes for campatibility, list them on the cantainer canteni s�eets,
and pack them into drums. Oil-based paints and latex paints shall be bulked
s�parately in 55-gallan drums, or if tne paint is 1eft in its container, the paint can
be packed in a lined cubic yar� bax, and packed and labeled according to federal
and state regufations. Participating City shall nat trar�sport waste that is nat HHW
to the ECC, Par�icipating City agrees to make its owri arrangements to dispose of
any r�on-HHW waste col[ecfied at the event.
5. Prior ta trartsporting the HHW from the collection e�ent site{s), Participating City`s
MCU operators shall camplet� a Bill of Lading, and shalf keep tne Bill af Lading
in the cab of the truck hauling the MCU during transportation of the HHW to the
ECC. Participating City shall r�quire �hat a minimum of one copy af the latest
North American Emergency Response Guidebook be kept within tY�e cab of t�e
truek�
6. During transportatian, Participating City's MCU operatQrs shall piacard tF�� MCU
for tra�sportation of hazardous waste in aecordance with fede�a[ and state law,
7. U�on the return of the MCU to fhe ECC, Participating City's MCU operators shall
follow the instruc#ions of Fort Worth regarding th� placement of the MCU for
unloading. For� Worih shall take poss�ssion of ihe MCU from Participating City
after th� MCU has been praperfy parked for unloading in accordance wiih Fort
Worth's instructions and a!I required docum�nts have been delivered to the ECC
program mar�ager or his designee at fhe ECC. Fort V+Jorth shall, within a
reasonable amount of time, unEoad the HHW from the non-Fart Wor�h MCIf and
store fhe HHW at the ECC.
8. If Fort Warth, in its sole discrefion, de#ermines that Participating City's MCU
aperators impro�erly �ackaged any of the HHW delivered #o #he ECC, Fort Worth
shall repackag� such waste, and Participating City shall reimburse �ort Worth as
s�t forth in Section 10., Paragraph �,
9. ff a spill occurs at the ECC while the MCU is stilf in Participating City's
possession, Fort Worth shall take c�ntrol of the spill response and Participatirtg
City wilE reimburs� Fart Worth for its response costs as set forth in Section 1 D.,
Paragrap� C.
8.
US� �F WASTE DISPOSALIR�CYCLING FIRMS FOR HOIJSEHOLD HAZARD�US WASTE
A. Fort Worth wil! enter inta a contract{s} wiih wast� disposallrecycling firm(s} for the
handling, collection, transportation, storage, dispasaf, treatmer�t, recavery, andlor reuse
of ho�isehold �azardous waste, which is collected at ff�e ECC,
B. Such firm(s) shali �e required pursuant to the cantract(s) to assume generator status far
the waste colfected, (excluding used oil, lead-acid bat#eries and ar�tifreeze) to choose a
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disposal site for the waste subject to Fort Worti�"s appro�al, and to indemnify Fort Warth
and participating cities agains# any and all environmental damages and the Wiolation of
ar�y and alf en�iror�men�al requirements resultir�g from the handling, collectior�,
trar�spor�ation, storage, disposal, treatment, recovery, andlor recyc[ing of waste callec#ed
pursuant to this agreement, when said en�ironmental damages or fhe violation af said
enviranmental reguirements was the result of any ac# ar omission af contractar, its
officers, ager�ts, employees, or subcontractors, ar the jaint act ar amission of contractnr,
its officers, agents, employees, or subcontractors and any other person or entity.
C. T'b�. PARTIES R��O�NI�� �HAi A�i°�10LJCb ibl� �[�M (S) I�iIILL �� ��QUi���
�'Q �iSSUM� C�W�Ri4T�R Si�,iUS, `�H[S ASSUM�iIOiV 1dVl�� NOi R��IE1l�
PARTI�IP�►TIMC CITY O� �IA�I�ITY �'�Ft iF�F l�I,��Si� U[��J�R ������� �AV9!
AN� S�A�� L/�'W. Fart Worth wil! arrange for recycling vendors for used al, batteries,
antifreeze, and other materiafs, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A, From time-to-time Fvrt Warth wiff mak� available ta �esidents and businesses of For#
� Wor�h, as well as, Partici�ating City and residents and businesses af Pa�ticipating City
far their use, collected hausehold hazardous waste materia[s thaf are suitab[e for reuse,
such as pair�t, fertilizer, mvtor oil, and antifreeze. Fort Worth shalf nat charge for any
materia�s that are picked up for r�use.
B. 5ome maierials made available for reuse may have been eo�soGdated and filtered by
Fort Worth pTiar to being made avaiiable. Used antifreeze will have been cansolidated in
a�arrel, fiftered, and pH balanced, and new antifreeze may �ave been added to the
barreE.
C. Ir� regards to materials acc�pted by Participaiing City, FO�Y �lQ��H �VPAK�S iVO
R�PRI�SE1�iA710NS, W�oR�„e,Nil�S OR CUAI�.NYI�S �F;A�:
�. the container contents are what the label indicates;
2. the cantainer contents are those originally placed inta the con#ainer by the
manufacturer;
3. ti�e product is of the quality inter�ded f�r its use;
4. the confents of the cantainer have been stared properly;
5. the instructions an the eont�iner label far use, storage, and first aid are current or
carrect;
6. the container is in unimpaired condition;
7. the product is stifl appraved for use (i.e., it has not been banned or reca�lec!); and
8. the product can be us�d without risk to persnns, property or the environmeni.
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��R�}'i�RM���y M�L VYQ�R�����J�r �Xrll�.7s Fill�i� �lYli�1.��V� MR�
���Cl�IC���Y Dl�f�IED.
D. Participating City shall contact the �CC program manager to arrange a pickup time to
obtain mater�ais. Participating Cify agrees thaf it shal� not return to Fort Warth, directly or
indirectly, any materials it abtains from Fort Wor�h under this paragrapf�.
E. IN R�CA��S i0 �A�.iERIA�S ACC�PiFcD �Y �A�TIC1�1�1�[N� CIT'Y,
P�4RiICIP�►i1NG CI�'lf �C}�S� HI�RE�Y WAI1/� �4�� C�Al1V�S, IP�CL.U�IN{9
PROCIUC�S bl�►�f�l'TY CL�INiS, �►i�� R��I�A►S�S, AND }10LD5 HrARIV���SS ibE
CI7Y �� F�Ri WORYH, ANb AL� �F li5 O�`�ICIpe�S, O�FIC�RS, �IVY�LOY��S,
�►C�NTS, AND 1IO�UNY���S, IN �O�H �H�IR PUBLIC �►W�1 P�IVAi�
�APRCI�I�S, �'Ft�fVY AP1Y AN� r4LL �IABIL,ii�f, CL�AiMS, ��11�S, ��IV�APlDS,
�X��NSES �F L1TIC�1�I8N, OR CAUS�S �� �►CYION VNbICb M�Y ARIS� �Y
RE�►SOA! O� �[NJIJRY i0 F'ERSDNS, �OSS OF PROP���Y, DAfUTAC� i0
�RO��RTY, OR LOSS O� US� Oh AhlY PRO��RiY , OCCA,SI4Pl�D �Y TH�
T�ANSPOR��I[IOhI, SiORAG�, HAN��IWG, �S�, �1N� �ISF��SA� �Y
�AFtT'lC1�AiING Cf fY O� ANY iVIAiER1AL� ACC��i�D �Y PARiIC�P�►YIRlf� CI�Y
11ND��t �'F;IS A�R�I�iVI�Fdi �'��{'� �ORi WORib,
F. In r�gards to materia�s accepted by residents ar bus9n�sses of Participating Cities,
�OFti WO�YH iV��►K�S i�0 R��R�S�f��A�IOi�S, 1lVARR�+I�ilES QR GUARP►fVTI�S
f F;A�.
z.
3.
4.
�.
6.
7.
the container contents are w�at the label indicafes;
the eon#ainer contents are those originally placed into the cantainer by the
manufacturer;
the product is of the quality intended for its use;
the contents of #i�e container have been stored praperly;
the instructians on #he cantainer fa�el for use, storage, and first aid are current or
corr�ct;
the con#air�er is in unimpaired c4ndition;
the product is stilf approved for use {i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, Qroperty or the enviranment.
FURiHER1ifY0��, A�L WARR�NTIES, �](���SS A�lD INYPL[�D, �R�
S��CI�1C�.LLY �EMI�D.
G. Participating City shall aftempt t� inform its resid�nts and businesses that if #hey go to
the Environmental Collection Center to pick up hoUsehold hazardous waste for reuse, a
release of liabiiity must be signed to accept the hausehold hazardous waste for reuse.
10
8.
RIGHT TO RE�USE WASTE
Participatir�g City agre�s ff�at Fort Worth shall ha�e the rigY�t ta refuse fo accept wasie at the
ECC from Participating City's resident and to eject such ind�vidual from the premises af the
ECC, if in the reasonabls judgmen� of Fnrf Worth:
A.
B.
C.
D.
E.
Ths wasfe is not househoid hazardous waste;
The wasfe fiails to meet o#her established criteria established by ihis Agreement, or that
have been established by Fort Wo�th subsequent to the execution of the Agreement;
The individua� does not ha�e sufficient idehtification #a establish that he/she is in fact a
r�sident of Participat[ng City;
Participating City has implement�d a voueher systerr3. for its residents ta dispase o�
waste, and the individual does naf ha�e a valid voucher; or
The wast� or the individual pres�nts a hazard to the ECC or to persons o� property at
the ECC.
9.
ENV[RONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A.
�
C.
Hours af Operation
During the term of the agreement, the ECC's hours of ap�ration are as fa[laws:
Thursday and Friday � 9:00 a.m. -7:00 p.m.
Saturday 9:OQ a.m. -3:40 p.m.
Days the Envir�nmental Colleciion Center will be clasec�
During the term of the agreement, the ECC w�il[ be closed an the fallowing days:
Thanksgiving Ho�iday, November 28 -29, 2002
Christmas Holiday, December 25, 2002
.lanuary �, 2003 through January 08, 2003, for cleanup and repairs
M.L.K. Day January 20, 20D3
Memorial Day, May 2B, 2003
Independence Day, July 4, 2003
Labor Day, September 1, 2Q03
Notifying Residents
Participating City agrees to notify its residents of t�e �CC"s hours of operation and dates it will
be closed. Participating City may adver�ise the 24-hour Environmental Co[lection Center
11
�1fG��'�Ui��L �� '����
� -�,r. rof
I;.Ic�3 _ ��+ViI��'
�. I
_ i,y, �
_ . � • �� � '�U
telephone number io give its residents the �nvironmertta� Collectian Center's hfl�rs. The
n�mber is: (817} 871-5257.
90.
COMPENSAT[ON
As fair campensation far the services provided by Fort Worth purs�ant to this agreement:
A. Participafing City agrees ta pay Fart Worth the sum of $ 50.00 per household per visit tn
the ECC ar per hausehald for participatian in a Ntobile Col[ection �vent to dispose of
hausehold hazardous waste.
B. If Fort Wor�h determines that participafing City's MCU operators improperly packag�d
any of the HHW deUver�d to the ECC, Fort Worth shall repackage such wast�, and
Participating City snall reimburse F'ort Warth for it staff time at $20.00 an haur and the
cost of supplies,
C. If a spill occurs at the ECC while the Na�n- Fort Worth MCU is still in Par�icipating City's
Possessian, �ar� Worth shall take contral Qf the spi{l response and Participating Cifiy will
reimburse Far� Wor�f� for its response costs of $6a.00 per hour staff time and the cost of
supplies.
D. The amounf due to Fort 1North for services pravided un�er this Sec#ion, Paragraphs A,
B, and C, shall be 6illed t4 Participating Gity qu�rterly. Participafir�g City shall pay Fart
Warth within 30 days of receiving a bill from Fort Worth. If �ort War�h does not receive
payment within 30 days, Fori Worth sf�all infflrm Participating City in writing that it will not
accept any household hazardous waste from Participating City's residents and that For�
Warth will not par�icipate in a mobile collection event or pro�ide a mabile collection unit
until paid.
�. At the end of the term of this Agreement, Fort Vlfortt� shall pravide a final accounting ta
Participating City, which will include #he totaf number of Participating City's ho�tsehalds
which �articipated in the program, repackaging fees, if any, and the tatal casf af spill
r�spanse charged fo Participafing Cify, if any.
F, Pursuant to the requirements of Government Code §79�
F'ort War#h under Subparagraph D. above shall be
available to Participating Cify in the present fiiscal year.
.0� 1(a)(3), th� amount dUe fio
paid from revenues currently
12
11.
ARTW�RK, "CAPTAIN CRL1D A�JD TH� CRUDDIES," AND F'ROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Warth is the awner of "Captain Crud" ar�d the Cruddies ("�loomer," "Ot�o," "'Pesiie,
"Scrub," and "Van Goo") "Conquer Your Crud," and "Crud Gruiser", and therefore ali
ownership rights belong to Fort Worth. �art Worth has registered these marks as service marks
with the Secretary of State.
A. Fort Warth here6y grants to Pariicipating City a non-transferable, non-exclusive license
to use all the artwork and promfltional materials that may �e pro�ided by For# Worth to
be used solely in fhe canduct of the business of Participating Ciiy's disposa! and
recycling of househ�ld hazardous waste programs. If Partieipating City wishes to use to
Licensed Art andlor Pramotional Materials in other limiied situatians, Participating City
must first obtair� express written eonsent f�om Fork Worth.
B. Fart Worth may pravide licensed Artwork and Promotional MateriaEs to Participating City
pursuant to t�e terms vf tt�is Agresment. Participating Gity acEcnowledges t�at by virtue
af this Licer�se, Parficipating City ac�uires oNy the r�ght to use t�e origina� and permitted
d�plicate copies of the Licensed Artwork and Promotional Materials and daes not
acquire any rights of awnership in fhe Licens�d Artwork and Promatiortal Materials,
which rights shall remain exclusively witi� Fart Worth. �f Participating City wants to madify
or change the ariworK andlor promotional materials in any manne�-, Participating City
hereby agrees to contact Far� Warth in writing io obtain written consent bef�re modifying
or changing any artwork and/or promotiona� materials.
C. If Participating Ciiy desires an actar to po�ray "Captain Cr�d" far an e�ent, Participating
Cifiy shall use acfors approved by Fort Worth ta portray "Captain Cr[ad" since "Captain
Crud" is owned by Fort Warth. Par#icipating City shall be sol�ly responsibl� for
com�ensating actor for the services pro�ided to Patticipating City. Participating City will
contact Fort Worth as soon as possible with the date and time of the event agreeable io
both parties #o obtain a�proval for the chosen actor and to request and pickup the
"Gaptain Crud" castume far its events. Fort Warth will provide the "Captain Crud"
costume. However, Participating Ciiy agrees to be liable to Fort Worth far any damage to
the castume or if Pat�icipating City fails to return the entire costume to Fo�t Worth or if
the costume is noi returned in fhe same condition as received.
12.
IMMUNITY
It is expressly understaod and agreed that, in the execution of this Agre�m�r�t, none af the
participating citi�s waives, nar s�all b� f�ereby deemed to wai�e, any immuniiy or d�fense th�t
wnuld otherwise be available to it against claims arising in the exercise af gavernmentai powe�s
and itanctions, and that the services descri�ed in this Agreement are a ga�ernmental function.
13 �•�'!��II�Q{�'�f �'�'I� � '�'l�r�
?�f;�±,� . I,�
�1
,.,
. ' :�,J
13.
FORCE MAJEURE
A delay ar failure of Fart Worth to pertorm services pursuant to this Agreement sF�all be excuse�
ta fhe exient fhat ihe de[ay or failure to per�orm resulted from a force majeure event, and the
delay or faifure was beyond the control of Fort Warth and not due to its fault or negligence.
Participating City shall not have, and hereby waives, any claim whatever for any damages
resulting from d�lays or failure to perform caUsed by a tarce majeure event.
14,
TERMINATIDN
The parties shall each have the right to t�rminate the Agreement for any reason, with or without
cause, upon thirty (30) days writ��n Rotice to the other par�y, Upon termination, the parties shall
be released from ail cantractuaf obligations to ihe other party excluding "LlS� OF WASTE
DISPOSALIRECYCLlNG FIRMS FOR H4U5EHOLD HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MATERIALS" {Paragraph 7} and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL. MATERIALS LIC�NSE AGREEMENT'
(Pa�agraph � 1).
15.
N�TICE
Any notices required to be given under tC�is Agreement shall be delivered as follows:
If ta Fart Worth:
Brian Boerner, CHMM, Direc#or
Department of Enviranmentaf Management
City of Fnr� Worth
90Q0 Thrackmorton
Fort Wor�h, Texas 76102
If to Participatinp City:
xeii� B. King
Fire Chief
City of� Iieller
P. O. Box //U
Keller, '1'X IhL44�
1fi.
ENTIRETY
This Agreement contains all coralmiiments and Agreements af fhe parkies hereto, and no ather
oral or written cammitm�r�ts sh�ll have any force or efFect if not contained herein, except that
this Agreement cart be amended or modified by #he �arties if sucf� amendment or madification is
in writing and signed by Participating City and Fart Worth.
1�
17.
SEVERAB�LITY
In the event anyone or mare of the pro�isions contained in this Agreement shall far any reasfln
be held ta be invalid, illegal, or unenfiarceabl� in any respect, such invalidiiy, illegality, or
une�forceability shall not affect any other provision thereof and this Agreement shafl be
construed as if such in�alid, illegal, or unenforceable provisions had ne�er been contained
herein.
18.
VENUE
Shauld any action, real or asser�ed, at law or in equity, arise out o# the terms and conditions o�
fhis Agreement, venue �ar said action shalE be in Tarrant Coun#y, Texas.
19.
AIJTHORITY
This Agreement is made for Fort Worth and Participating City as an lnter[acal Agreement,
pursuant to Texas Government Cade, Chapter 791.
2a.
AUTHORIZATION
The undersigned officers andlor agents of ths parties hereto are properly author�zed officiafs
and have the necessary a�thority to execute this Agreement on behalf of the parties hereto, and
each �arty her,eby certifies to the ofher that any necessary resalutions extending such authority
have been duly passed and are naw in full force and effect.
' � . ����''��' �
15 - .'�
- � �t
EXECUTED IN TR1PLlCATE
CITY OF FORT WORTH
By. �`�
. _y
��f�
Lib`!ry Watson'�
Assistant City f�l[an�ger
Date: , , . , . -
CITY OF KELLER
By:
1_ �
_ �
APPROVED AS TO FORM
AND LEGAL[TY:
�� �.���P��(
Assistanf City Attorney U
A ST:
�lcf.�
loria Pea�r �n
City 5�cretary
�r-�����
Coniract authorizaiion
'�r� a�
y�
Dafie
I�ll � 11I�i� 7�
'�*1L4�N'4r;�4=a1� U4��c�i�1"�..
; �' ���'���`r���''I�� ��'
���o WF+' il�p �'VW�
-�� t �
Printed n �: L�le x, nresh r
Title: C�ty Manager
Date: September 17 , 2 0 02
APPROVED S j0 FOR�11
AND L.E L,I�"Y;,�
�
_� , �
IJ!/1�0
" =- " Ci#y A �fie
ATTEST:
ity Secratary
Sheila Stephens
`�
Exhibit "A"
R��YOCFZIN� LI�Y ��� �'bE IVIO�IL� COLL��T10N Ul�li
�iiaierial Amoun4 �estocked
�5 �allan apen top Amount tal�en ofF the
drums (opsn tap for trailar
loose �acks)
5� gaflon drums Amount taken afFthe
(clased top) {oil, traiEer
antifireeze, bulk
flammable materials
and one extra)
Fiber drums {�5 ar 30
gallon) Aerosols, Amount tak�n off the
acids, bases and tra�fer
oxidizers)
Gaylord box liners
{plastic) Amaunf taken afF the
trailer
55 gallon drum liners
Amount fiaken off the
irailer
5 gallon buckets
{filterslhaz chemica[s} Amour�t taken aff the
trailer
Survey Forms
Amaunt taken off the
traiier'
Labelsldrum pla�ard
Amount taken aff the
. trailer
Gaylord boxes
Amaunt taken off the
trailer
Absorbenf pads
Amount taken off the
trailer
Vermiculit�
Am�unt taken off the
traiier
o�iary
Amaunt taken off the
trailer
Promotional Materials
& Brochures Ama�nt ne�ded
47
Special Weeds Remark� I
�
�t. `������J�;�
� =��
1 �- .. '�
Exhibit "B"
WAIVER AN� RELEASE OF LIABILITY FOR COLLECTION OF HOUS�HOLD
HAZARDOUS WASTE
l�e9ng the owner af property lacated at
have been asked by the City of to aliow a mobile collectEar�
event on my property to collect household hazardous wastE on the , 2041,
In consideration of , I her�by give my permissian to ti�e City of
to hold a f�ousehald hazardous waste collection e�enf on my
prop�rty in whieh the City of has asked the Cify c�f �'ort Worth
to se�d its mobile collection unit to collect the ho�asehold hazardous waste that is brought to the
event.
Therefore, in consideration of , I hereby RELEASE,
�ISCHARGE, HOLD HaRMLESS, 1NDEMNIFY the City of Fort Worth or yts officers, agenfs,
and employees and the City o�F and its of�cers, agents,
andlor empfoy�es for any and all claims, demands, liabili�y, causes of action, actians or suits of
any character that I may ha�e against the Cify of Fort Wortn or its nfficers, agents, and/ar
emplayees and the City of or its officers, agents, andlar
employees for any pro�erty loss or damage, for any and all personal inj�ry including death or
any oth�r damag� of any kind or character which may arises or ff�at arises from allowing the
City of ta hold a household hazardc�us waste collec�ion evenfi, in
which the City of Fort Worth sends its mobile collection unit on my property,
1 have read this Waiver and Release and fully understand i#s te�-ms and canditiorts. I have not
b�en influenc�d in any �xtent whaisoever by any representation or staternenfs nofi canfained in
this Agr�ement. I hereby acknawledge tt�at t�is Waiver and Release is given in consideration of
Signature Date
W itr�ess
18
C`ity of �'ort Worth9 Texas
1Vla���r ���[ ����+ciG� ����t��i��ti��
DATE' REFERENCE NUMBEF2 LOG NAM� � FAGE
9124/02 **�� j 9��� + 52COLLECT 1 of 2
sug��cr INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
PARTICfPATION AT THE ENVIRONMENTAL COLL.ECTI�N CENTER
RECOMMENDATION:
It is recammended that the City Council authorize th� City Manager to execute interlocal agreements
witn various munic�palities/entities for partici�ation at the Enviranmer�tal Callection Center.
DISCUSSION;
The City's Environmental Collection +Center is now 'rn iis sixth year of o�eration coilecting housahold �
hazardous wast� fram the citizens af Fort Wo�th and surrounding communities on a year ro�ncf basis.
'[n order for non-Fort Warth citiz�ns to participate at the Environmer�taf Collection Ce�ter, each
municipality is required to enter into an interlocal agreement with #F�e City of Fort Wor�h.
The rate per househald for the period covered by these agreements (October 1, 2002 through
September 30, �0�3) is $5Q.00. The decrease in the rate is due to receipt ofi a grant from the North
Central Texas Council of Governments that will provide $150,OOQ fior disposal costs during FY2Q02-
2003. It is anticipated that approximately $420,Oa0 will be collected �ander these agreements. During
FY2D01-2002 twenty-six area communities signed participation agree�nents wi#h the City of Fort Worth.
For the upcoming year we expect a!1 of those communities to partici�ate and have had interest
expressed by six others.
This a�reement outlines the responsibilities of each party, establishes the rate for participati�n, and
defineates the usage of service marked, public �ducation material. The City of Fort Warth is
respansible for overall aperation of the Environmental Collection Center inciuding eontracting with a
hazardous waste disposal company for transportation and c{isposal of materials callected. The
follawing entities have expressed an interest (�j or are expected to commit to participation for the period
4ctober 1, 2aQ2 through Sepfiember 30, 20fl3:
Arlingtfln
Benbrook
Cleburne
Euless
Haltom City
Kennedale*
North Richland Hills
Roanoke*
Stephen�ille
Upper Triniiy Regional Water District
White Settlernent*
Azle
Burleson
Colleyville
Grand Prairie
H u rst
Mansfield
Richland Hills
5aginaw
Trophy Club*
Venus
Willow Park*
Bedford
Cedar Hill
Everman*
Grapevine
Keller
Newark
River Oaks
5outhiake
Un-incorporated Tarrant County
Watauga
�'ity of �or�t �o�th9 T'exas
J�ay�r ��d ����ci� ����r��i��ti��a
�ATE REFERENCE NUMB�R LOG NAME PAGE
9/24l02 **�01 �2�g I 52COLLECT 2 of 2
SUBJECT INTERLOCA� AGREEMENTS WITH VARIOUS MUNICIPALITIES F�R
PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
FlSCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Envirqnm�ntal Management Deparimen# will be responsible for
the collec#ion of funds due under these agreements. �
LW:n
I, Snbmitted fnr City Manager's
I OffiCe by:
Libby Watson
Origirtating De�ariment Head:
Brian Boerner
Additional IrtFormation Contact:
Brian �oerner
� FUND � ACCOUNT
� (to)
I R�OS 488220
6183
�
8079 I (firam)
8079 I '
CENTER I AMOUNT �ITY SECRETARY
Q5211QQ �
� APPROVED 9/24/02
�
�
�
�