HomeMy WebLinkAboutContract 28029%l��� �����T'A�#Y ��
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[NTERL�CAL AGREEMENT FOR PARTICIPATION IN FORT WQRTH'S
�NVIRONMENTAL, CC}LLECTiON CENTER
HOUSEHOLD HAZARDOUS VIIASTE I'ROGRAM
THIS AGREEMENT is entered into by and between ki�e City af Fort Worth, Texas, a hame-rule
municipal cc�rporaiion situafed in Tarrant and Denton Counties, Texas, hereinafter called "Fart
Worth," acting herein by and through Lib6y WatSon, its duly authorized Assistant City Manager,
an� �u i-s'i' a municipality situated in ��`i.rr�,�% Cp. , Texas,
hereinafter call�d "Participating City," acting herein by and througn A)j�n �,�c��.�aT its duly
authorized l:;�.� Nl�,��er .
WlTNESSETH
WHER�AS, Texas Government Code, Chapt�r 791, authorizes the formulation of interfacal
cooperatio� agreements betrrvsen and among laca� gavernments; and
WHEREAS, Texas Govemment Go�e, §791.011 prov�des that a lacal go��rnment may contract
with another to pertorm governmenta� functions and services, and �791.003(3)�H) defines waste
dis�osai as a governmental funcfion and senrice; and
WHEREAS, Texas Government Gode, §7'91.a25 provides that a locai government may agre�
with another local government to purchase servic�s; and
WHEREAS, �ort Warth and Participating City desire to enter into an interlocal agreement
whereby Fort Worth will purchase the services a'F a wasfe dispasal/recycling firm or firms and
wi�l adminisfar a ho�tsehold hazardous waste colEection program; and
WHEREAS, Fort Worth and Par�icipating City muf�ally desire to be subject ta tF�e provisians of
Texas Governme�t Code, Chapter 791, aisa known as the In#er[.ocal Cooperation Act.
NOW THEREFORE, ii is agreed as f�llaws:
1.
DEFINITIONS
A. UNess a provision in this Agreem�nt explicitly states otherwise, th� folfowing terms and
phrases, as used in this Agreement, sha1l ha�e the meani�gs hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive o�eration
of tt�e forces of nature, uncontrall�d or uninffuenced by the power of f�umans and without
human inter�ent�on.
Bill af Ladinq lis#s the contents af the mobi[e coll�ctio� unit.
Environmental Coilection Center iECC� means fihe City of Fort Worth Depar�meni �f
Environmental Management facility located at 64D4 Bridge Sfreet, �ort Worth, Texas,
which is to be used by Fort Worth fior the aggregatian a�€ h��Y��phnld hazardous v►rasfes
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that have been braught to fhe facility by participating cifies' households far subsequent
recycling, disposal, andlor reuse.
Environmental damaaes means a[I claims, judgments, damages, losses, penalties, f nes,
liabi[ities (including strict fiability), encumbrances, Eiens, costs, and expenses of
investigation and defense of any claim, whether or nat such claim is ultimate�y defeat�d,
and of any good faith settlement or judgment, of whate�er [cind or nature, contingent or
otherwise, matured or unmatured, foreseeable ar unfareseeable, including without
limitatian reasonable attorney's fees and disbursements and cansultant`s f��s, any of
which are incurred subsequent to the executiort of tF�is Agreement as a result af th�
ha�dling, collecfiion, transportation, sforage, disposal, fireatment, reco�ery, andlor reuse
of waste pursuant to this Agreement, or the existence af a violation of environmenfal
requ�remen#s pertaining to same, and including without limitatian:
{a} Damages for personal injury and d�at�, or injury to property or natural resources;
(b} �ees incurred for the services of attorneys, consuftants, contractors, exper#s,
laborataries and all other costs incurr�d in cannectian with the in�estigatian ar
remediation afi such wastes or vialatiort of enviranmenta{ requirements including,
but not limited ta, the preparation af any feasi�ility SfUt�l�S or repar�s or the
perfarmance af any cl�anup, remediation, removal, respc�nse, abatement,
containment, closure, restoratian or monitoring work re�uired by any federal,
state or local governmental agency or political subdivision, or otherwise
exper�ded in conn�ction with the existence af suc� wastes or violations af
environme�tal requirements, and including without limitafi.on any attorney's fees,
costs and expenses incurred in enforcing this Agr�ement or collecting any sums
due hereunder; and
(c} Liability ta any tnird person or governmental agency to indemnify such pers�n or
agency fior costs ex�ended in connection with the ifems referenced in
subQaragraph (b} her�in.
En�ironmental reQuirements means all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, car�cessions, franchises, and similar items, of alf governmen#al agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United Sfates,
states, and po[itical subdivisions thereof and all a��licab[e judicial, administrative, and
regulatory decrees, judgments, and orders relati�g to the pratection of human health or
the environment, including without limitation,
(a) All requirements, including but not limi#�d to those pertaining to repo�ting,
licensing, permitting, investigation, and remediation nf emissians, discharg�s,
releases, ar threatened releases of hazardous materials, pollutants,
contaminants, or hazardous or toxic subsfances, materiafs, or wastes whether
solid, [iquid, or gaseous in nature, into the air, surface water, groundwa#er, storm
water, or la�d, or relating to the manufacture, �rocessing, distribution, use,
treatment, starage, disposal, transport, or handling of pollutants, contaminants, or
hazardous or toxic substances, materials, or wastes, whether solid, liquid, or
gaseous in nature; and
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(b} Afl requirements pertaining to the proteetion ofi the healif� and safety of
employees ar the p�blic.
Force maieure means decrees of or restraints by a gavernmental instrumentality, acts of
God, worlc stoppages due to labor disputes or stri[�es, failure af Fart Worth's
contractar{s} to perform pursuant to their agreements wiih �ort Worfh for the conduct of
the caflection of i�ousehold hazardous waste, fires, explosions, epidemics, riats, war,
ret�e[lion, and sabafage.
Househo(d hazardous waste IHHW) means any solid waste generated 9r� a household by
a consumer which, e�tcept for tFre exclusion provided far in 40 C�R § 2fi1.4(b)(1), would
be c�assified as a hazardous waste under40 CFR Park 25�.
Man9fest means t�e uniform hazardaus waste manifest form(s) furnished by the TNRCC
to accompany shipments of municipa! hazardaus waste or Ckass 1 industrial solid wasie
for waste transported to a site in Texas, or the comparable manifest of the receiving
state if the waste is transported ou# of Texas.
Mobile col[ection event means a housei�old hazardous waste collectian e�ent by •
Participa#ir�g City utilizing a mabile col[ection unit.
Fort Wo�th Mabile collection unit IMCUI means a non-self-propelled vehicle used for the
periodic callection of household hazardous waste by Participating C[ty, off-site of the
ECC, which is transparfied ta the ECC to dispose af the household hazardous waste
collect�d at the mabife collection event. The Fart Worth Mobile Collection Unit 9s
designed ta hold the hazardous waste of approximateiy 50 ta 7� households.
Particiaa#ina Cities, when used in the plura[, means Fort Worth, Participating City, and a[I
ofher entifies wh9ch have entered into inferlocal agr�ements with Fort Wo�kh far the ECC
househoid hazardaus waste colfection program.
Person means an individual, corparation, organizat�or�, government, or go�ernmental
subdivisian or agency, business trust, partr�ership, association, ar any other legal eniiiy.
Waste has th� same meaning as "'solid waste" as that term is d�fined in Texas Health
and Safety Code §361.Q03, ar�d including hazardous substances.
B. Unless a provision in this Agreement ex�a�icitly siates atherwise, the following
abbreviations, as used ir� this Agreement, shall ha�e the meanings hereinafter
designated.
CERCLA - Camprehensive Environmental Response, Compensation, a�d Liability Act.
GPR - cardiapulmonary resusciiation.
DOT - United Stafes Depar�ment af Transpartafion.
ECC - Environmental Collection Cet�ter.
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EF'A - Unit�d States Env9ronmental Protection Agency.
HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response.
HM - hazardous materials.
HHW - household nazardous waste.
MCU - Mobile Collection Unit.
2.
�uR�os�
The purpos� of this interlacal agreemant (h�reafter "Agreement") is the provision of services by
Fort Worth to Participating City w�ereby, subject to the terms and canditions s�ecifi�d below,
Fart Worth wil[ adminis#er and supervise a regionai hausehold hazardous waste colfection
program, which will be available to househalds within Partici�ating City.
3.
TERM
This Agreement shail be effective fram the date the last party has sign�d this agreement
thraugh September 3Q, 2003.
4.
S�RV[CE5 OF FORT WORTH
Fort Worth agr�es to perfarm the follawing ser�ices for Participat�ng Cfty in connection with #he
�CC household hazardous waste col�ection program:
A. Fort Worth will administer a regional hausehold hazardous waste collection pragram.
This program wifl include the operation af the Environmen#al Collectian Center, which
will accept for disposal andlar recycling househo[d hazardous waste from households
located within Participating City. Fork WorEh shall not accept campressed flammabEe gas
cantainers; radioacti�e materials; exp[osi�es or potentially shock sensitive materials;
biological, etiologic, and inf�ctious materials; wastes from businesses; and any other
wastes that Fort Worth has determir�ed are unacceptab�e.
B. Fort Worth wilE employ or retain personnei to pro�ide the services necessary to perfarm
Fa� Worth's obligafions in this Agreement.
C. Fart Worth will enter inio a contract(s} witt� waste diSposaflrecycling frm(s) for the
handling, collectian, transportation, siorage, disposal, tre�tment, recavery9 andlor ret�se
of household hazardous waste, w�ich is callec#ed at the ECC.
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D_ Fort Workh will� if requ�sted in writing by Par�icipating Cifiy, provide Participating City with
copies of waste manifesis far shipments ofi waste from the ECC.
E. ForE Worth wi{I, if requested in wri#ing by Partic9pating City, pravide Participating City a
monthly report of the Participating Ciiy's households who disposed of hausehold
hazardous waste at the �n�ironme�tal Col[�ctian Genter or a Mobile Collection Event.
F. Fort Warth wil� issue a repart and a bill at the end of each quarfer cietailing the number af
Participating Ciiy's house�olds that dispased of household hazardvus waste at the
Environmental Collection Center ar at a mflbile collection event.
G. Fort Wort1� v++il[ act under #his Agreemer�t in accordance with aIC applicable staie and
federal faws.
H. Non-Fort INor#h Mobile Collection Unit
1. Fart Worth agrees to accept household F�azardaus waste fram Participating City's
MCU in accordance with Section 5, of this agreement. .
2. Fart Worth agrees to restack the items it removes from Partici�ating City's MCU,
hawever, Fort Worth shall on�y restock items list�d in Exhibit "A", attached and
incorparated herein as if set forfh.
Mabile Coflection Events —Usina Fort Vl/orth's Unit
�. If Participating City woufd like to schedule a ma�ile collection ev�nt with
the Fort Wor#t� Mobile Collection Unit, �ort Worth will send Participating
City a list af available dates. Participating City will contact Fort Warth as
saon as passible tra schedu[e the date, time and location agr�eable to
both parties.
(a) Lvcaiion
If Participating City choases to ho�d the Mobife Collection Event an
privaie propertyr, � Participating City shall obtain a signed waiver
from ihe own�r of the property 1 week prior tc� the er�eni. The
waiver shall be in ihe form of Exhibit B or similar �vrm approved by
Fort Worth. The signed waiver m�st be sent to F'ort Wor�h 1 week
6efore the Mobile Collection E�ent. 1f ihe signed waiver is not sent
�a Fort Wor#h 1 week before the Mobile Callection Event, Fort
Wflrth will not send the Fort Worth Mobile Colfection Unit to the
event and Par�icipating City will, i� no eveni, be entitied to any
damages af recovery of any costs, except as pra�ided herein.
(b} Available Dates
Participa#ing City acknowledges that Fort Wartf� confracts with
att�er municipalities and that �ort Warth will be accommodating
each Participating Ciiy's request on a first come first served basis.
Therefore, Participating City acknawiedges that ifs chas�n dat� to
schedule a mobile cvl��ci�an event may be reserved by another
City and Partici�ating City will have tv choose another date.
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Parkicipating City will, ir� no event, be entitled to any damages ar
recovery of any costs, except as pravided herein.
2. Ati the Mobile Gollectian E�ent, Participating Gity acknowledges and agrees tl�at
For� Worth shall accept household hazardous waste from the first 50 h�us�ha[ds
ti�at show proof of residency at the Mobile CaElection E�ent. After the first 50
housei�olds, Fort Worth will determine in its sole discretion how much mare
w�sfe it can accep� and store properly. If more hauseholds arrive at the event�
than Fort Worth can acc�pt, Parficipating City will in no event be entitl�d fo any
dam�ge of reca��ry of any cos#s, exc�pt as provided h�r�in,
3. Due ia the l�ek of storage spaee ai the ECC, Participating City acknowledges
and agrees that if it requests the Fort Warth Mobile Collectian Unit at a mobile
c�llection event, a Participating City's Non-Fort Worth Mabile Collectior� Uni� sha11
not also be at the event.
4. City, in its sale discretion, will d�termine whether to send tt�e Fart Worth Mobile
Collection llnit to Participating City's Co�lectinn Event during adverse weather ar
the thr�at of ad�erse weather including bu# nat limited tn sleet, snaw, rain, mist or
hail. In tF�e event Fort Worth determines not to send ihe Fort Warth Mobile
Collectian Unit, Fort Wori� shall notify persons listed in Section 5, Paragraph A
and shall send a Fart Worth employee to the Participating City's event fo tell any
residents tha# came ta dispase o# househ��d F�azardous waste; 9) thaf the Fort
Wor�h Mobil� Collection Unit will nvt be coming to the event, and, 2} �hat the
resident can go to t�e ECC to dispose of the waste and provide a map to the
ECC.
6.
DUTIES OF PARTICIPATING CfTY
Participating City agrees to perfarm #he folfawing duties in connectian with the ho�sehold
hazardaus waste collection pragram:
A. Participating City will designafe one of its employees, and another as an alfernate, to act
as its househald hazardous waste coll�ction coordinator ta interact with Fort Worth.
Designated person is: ��„� O�e�n� telephone number: �S+? �"�8�-'T��►�J
Pager number or 24-hour number where he or she can be reached: �'ti �-����
Altemate person is L��c- �/�,,,., �fl�r�h� 5 telephone number: (��1i �S� ��} �3�7
Pager number or 24-hour�umber where he or she can be reached: �_� �� •�7�, ��
B, Participating City will coordinate and fund all program advertising targeted to its awn
citizens, as it deems necessary. Such adv�rtising shall include the fype of wastes that
will be accepfed at the ECC, the requiremen# of proof of residency and weatner
eancellation informafion.
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C. Participating City shall notify its residents �f the ECC hours af oper�iion and dates i� is
closed as prov9ded in Section 9"The Environmental Collection Center Hours of
C?peratio�.'" �
D. Participafing City may choose ta ufilize a voucher system far its resic�ents in order for
fhem to bring HHW to the ECC. lf Partic�pating City chooses to use such a system, it
shall notify �ort Worth of the decisian, and shall pravide Fort Worth witi� a copy of the
official voucher. In addition, if a citizen from a Part�cipating Gity that utilizes a �ouci�er
system comes io .fhe ECC or a mobile collection event withouf a vaucher, Participating
Ciiy acknawledges and agrees that Fart Warth wilf not accept the household hazardous
waste until Participating City authorizes the accepfance in writing.
E. Par�icipafing City may s�bmit a writtet� request for a monthly repnrt listi�g the numfaer af
its city's households that have disposed flf hausehald hazardous waste at the ECC or a
mobife collectian event.
F. Participating City shall pravid� traffic contral and signage fo� the mobiie collection
events, and shall provide p�rsonnel to assist Fort Worfh with the survey and screening
of persans drapping off hausehold hazardous waste. The Parties priar to the event shall
agree upon the details a# the trafFic contral, signage, and person�el assistance.
G. Particiqatina Citv's Mob�ie Collectian Units Collectina Household Hazardous Waste
1. Participating City shalE advise the ECC program manager at least 72 haurs in
advance af its mflbile colleciian evenfs. Pariicipa#ing City shall collect only HHW
during a mobi[e callection event. Wastes from commercial, agricultural, and
industrial sources shall not be accepted. Participating City shall noi accept
compressed flammable gas containers; radioacfive materials; explosives or
potentially shock sensitive materials; biological, �tiofogic, and infectious
materials; and any other wastes that Fort Worth has determined are
ur�acceptable.
2. In accardance with the latest DOT requirements, Participating City's MCU
operators will properly categorize, package, mark, label, and load into the M�U,
all wasfes received at the mobile coilection event. Reeyclabie praducis (used oil,
used oil filters, latex paint, recyclable anti-freeze, �ead-�cid batt�ries, and
fluorescent lights) will be segregated inta containers for recyclables.
3. After accepii�g wasfes, Participafing City's MCU operators shali thoroughly
check each container for proper labeling and identification. If a container is
properly identified, the mater�al will be segregated according to hazard class and
prepared for packaging. if a container does nat ha�e adequate Iabeling to permit
identificafion, the MCU operators shall ti�en attempt f� identify the material from
its �hysical characteristirs using HAZCAT analysis and fram i�formation provided
by the household presenting the waste.
4. The Participating City's MGU operators shall pacicage ail hazarcious materials in
accordance with lJnited 5tates De�artment of Transpartatian �DOT)
requir�ments, United States Enviranmental Protecfion Agency (EPA)
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requirements, and a!! other applicable federal and state requir�ments. After all
the wastes have been praperly ider�ti�ed and segregated, the MCU operators will
reexamine the wast�s for compatibility, fist them on the container confient sheets,
and pack them into drums. Oil-based paints and latex paints shali be bulked
separately in 55-gallon drums, ar if the paint is left in its container, the paini can
be packed in a fined cubic yard bo�, and packed and labeled according to federa�
and state regulatians. Par�icipafiing Cify sha�l not trar�sport waste thaf is not HHW
to fhe ECC. Partici�ating City agr�es to make its own arrangements to dispose of
any �an-HHW waste col�ected at the event.
5. Prior to transporting the HHW from th� colfection e�ent site(s}, Par�icipating City's
MCU operatars s�rall complete a Bill of Ladir�g, and shalF keep if�e Bilf of Lading
in the cab of tt�e truck hauling the MCU during fransportation of the HHW to the
ECC. Participating Ciiy shall rec{uire that a minimum afi one copy af the fatest
North American Emergency Response Gu9debook be kept within ihe cab of the
truc�C.
6. During transportation, Parficipating City's MCU op�rators shalf placard the MCU
for transportafion of hazarda�s 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 of Forf Worth regarding the placement of ti�e MCU for
unloading. Fort Worth sha�l iaice passession of the MCU fram Par�icipating Gity
after the MCU has been properly parked for unloading in accordance with For�
Wo�th's insiructians and all required doc�m�nts ha�e been delivered to the ECC
program manager or his designee at the ECC. �ar� Warth sF�afl, within a
reasonabfe amount afi time, unload the HHW from the non-Fort Worth MCU and
store the HHW at the ECC.
8. ff Fort Warth, in its sole discretion, dete�mines that Participating City's MCU
operators improperly packaged any of the HHW delivered io the ECC, Fort Worth
shall repackage such waste, and Participating City shall reimburse Fort Worth as
set forth in Section � 0., Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participating City's
possession, Fort Worth shall #ake contral of the spill response and Participating
City wilf reimburse Fort Wartf� for its response costs as set forth in Sectian 10.,
Paragraph C.
6.
US� OF WASTE DISP05ALIRECYCLING �IRMS F�R HOUSEHOLD HAZARDOUS WASTE
A. Fart Wo�f� wi[I en#er in#o a contrac#(s) with wast� disposa�lrecycling firm�s} for the
handiing, colleciian, transpartafion, storage, disposal, irea#ment, rec�very, andlor reuse
of household hazardous waste, which is call�cted at the ECC.
B. Such firm(s) shall be required pursuant ta the contract{s} to assume �enerator statu5 for
the was#e collected, {excluding used oEi, lead-acid batteries and antifreeze) to choose a
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dispasal site for the waste subject t� For� Worth's appro�al, and to indemnify Fort Worth
and par�icipat9ng cities against any and all en�iranmental damages and the �ialation of
any and all environmental requirements resu[ting from the handling, collection,
transportatian, storage, disposal, treatment, recovery, andlor recycling of waste collected
pursuant ta this agreement, when said environmenfal damages or the viola�ion af said
en�ironmenfal requirements was �h� result of any aci or omission af contractor, ifs
ofFicers, agents, em�ioyees, ar subcontractars, or the joint act or vmissfon af cantracfor,
its officers, agents, emplayees, or subcontractors and any other persc�n or entity.
C. �'H� PAR�'I�S R�COCNI�� �Fi��' A�ibOUGW TbE F'i�IV� �S) lNtL� �� REQUIR��
'f� �SSUM� C�Al�FtAiOf� SiAiUS, i�11S �SSUMPTION 1dl�i�.�. PlOi R��,II�V�
�A�TICIP�iI[V�G C1T'Y' �� LI��1�IiY I�OR ii�� 1l�I'ASi� UND�� ����RA� �AW
AfVD S�'�,i� LAII�, Fort Wo�th wilE arrange for r�cycling vendors for used oil, �atteries,
an#ifreeze, and otFter materials, as it deems ap�ropriate.
7.
R�USE OF COLLECTED MATERIALS
A. �ram time-to-fime �orf Vllorth wifl make available to residents and businesses af Fort
Warth, as well as, Participating Ci#y and residents and businesses of Participating City
far their use, callected household hazardaus waste materials that are suitable far reuse,
such as �ain#, fertilizer, motor vil, and antifreez�. Fort Worth shall nat charge fc�r any
materials that are picked up for reuse.
B. Some materials made availabfe far reuse may F�ave been consaiidafed and flt�red by
Fart Wor�h prior to being made a�ailable. Used anii-�reeze will ha�e been consoEidated in
a barrel, filtered, and �H balanced, and new anti�reeze may have been added to the
barrel.
C. In r�gards ta materials accepted by Participating Ci#y, �4RT L�i110�iW iV➢AK�S No
1��PR�SEW�A�lOfdS, !+!lAl�l�AfdYI�S OR GUAF�WT'I�S ib�T:
1. the confainer contents are what the label indicates;
2. the container contents are those originally placed inta the caniainer by the
manufacturer;
3. the product i� of tne quality int�nded for its use;
4. the contenis o# the container ha�e been stared properiy;
5. the instruciions on the car�tainer IabeE for use, storage, and first aid are current or
carrect;
6. the container is in ur�impaired condition;
7. the praduct is still appro�ed far use {i.e., it has not been banned ar reealled}; and
8. the product can be used withnut risk to persans, property or the environment.
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�URib�RfVIOR�, ALL WAR�Nil�S, EX���SS �eN� I�AP�I�D, ARE
SP�CI�I��.LLY ��N[��.
D. Participating City shall contact the ECC �rogram ma�age'r to arrange a pickup time io
obtain materials. Participating City agrees that it shall nat refurn to Fort Worth, directfy or
indirecily, any materiafs if obtains from Fart Worth under this paragraph.
E. 1N R��A�D� T'O �fiAi�Rl�►�.S ACCE�Y�� BY P�►FtiICIPATIhIG CITY,
PARTfCI�A�INC CI�"Y �OES H����Y W�►11l� ALL CLAIih�S, IiVCE�U�ING
�R��UCTS �I�►�ILITY CLAlMS, APl�? R�LEAS�S, AN� HC}�.�S bARf1�LESS TFi�
CIiY UF ���ti 11VO�ib, �►id� ALL O�' I�S ��'�iCI�LS, OrFIC��tS, EiVi��0Y��5,
�►GEi�7'S, �►I�� VO�Ui�i�ERS, IN B4Tb TF4��R �U�LIC AN� �RIVAiF
C,��ACIiI�S, FROIIA p►P1Y 1�N@ AL� LIABI�I�Y, C��►I�S, SUIiS, �E�IIII�N��,
FXP�W��� O� Ll�[CA►T'ION, O� C�►US�S Oh ACiIOR! �A1FpICH Fi��►Y ARI�� �Y
���SON O� INJIJRY YO ��RSONS, L.OSS O� ��OP�R'TY, DAMAGE �'O
PROF�FRTY, OR I�OSS O� US� Ol� �NY �RO��RiY , OC�ASiON�� �Y ib�
�RAPiS�ORiAaTIOiV, S�'O��►G�, bANDLIi�G, L1S�, �if�� DISPOSdL �Y
PARiIC[P��'IN� CCiY �� AP�Y ii�iAf�R1�1�S ACCFcPiI�D �Y PAR�iCI��►iINf3 CIiY
UN��� iHIS ACR�EMEPl� �R�IVi �'�RT lf�O�TH.
F. In regards ta materials accep#ed by residents or businesses of Participating Cities,
�'O�T !�lOR�'H �flAKI�S NO ���R�S�N�°�oi[�NS, !�l���AN�1�5 OR CIJARANiI�S
iHAT':
1. the container conter�ts are what the labe! in�icates;
2. the container contents are those �riginally piaced inta the container by the
manufacturer;
3. #he product is of the quality intended for its use;
4. the contents of the cantainer ha�e been stored proper[y;
5. tne insiructions on tE�e container labe� for use, starage, and first aid are current or
correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has no# been banned or recalled}; and
8. the product can be used withaut risk to persons, properky or the environment.
�URiFi��fV��R�, A�,� WAR��NYI�S, �XpRFSS A�Iq I[VI��I��, A�E
SP�Cf�ICALLY D�N[��.
G. Participating City sY�all attempt to inform its residents and businesses that if th�y go ta
the Environmental Callection Center to pick t�p household hazardous waste for reuse, a
release of liabilii7r must be signed to accept the househol� ha�ardous waste far reuse.
10
8.
R1GHT TO REFUSE WASTE
Parkicipati�g Gity agrees that Fort Worth shall ha�e the right to refuse to accept waste at the
�CC from Participafiing City's resident and io eject such indi�idual from the premises of the
ECC, if in the reasanable judgment of Fori Worth:
A. The waste is nat housei�old hazardous waste;
B. The waste �ails to meet other established criteria established by this Agreement, ar that
have been estabfist�ed by Fart Warth subsequent to ihe ex�cution of the Agre�ment;
C. The individual does not have sufficient identification to estabfish that helshe is in fact a
resident of Par�icipating City;
D. Participating City has impfemented a voucher system for its residents ta dispose af
waste, and the indivicival do�s �ot have a valid vaucher; ar
E. The waste �r the individual preser�ts a hazard ta the ECC or to persons or property a#
the ECC.
9.
ENVIR�NMENTAI. COLLECT[�N CENTER HOURS AND DAYS
OF OPERATI�N
A. Hours of Operat�on
During the term af ihe agreement, the ECC's t�ours of aperatian are as follows:
Thursday and Friday 19 :00 a.m. �7:OD p.m.
5aturday 9:b0 a.m. -3:Q0 p.m.
B. Days the Env�ronmental Colfection Center will be closed
During the term of the agreement, the ECC wili be closed on the following days:
Thanksgi�ing Holidsy, No�ember 28 -29, 2002
Christmas Holiday, December 25, 24�2
January 1, 2003 through January 08, 20D3, for cleanu� and r�pairs
M.L.K. �ay January 20, 2�03
Memorial Day, May 2fi, 2003
Independence Day, July�4, 2D03
Labflr Day, 5eptember 1, 20Q3
C. Natifying Residents
Participating City agrees to notify iis residents of the ECC's hours of operation and dates it will
be closed. Participating City may advertise the 24-ho�r Environmen#a[ Callsction Center
� 1 . I.. - � ----,1
,I i;.�;,' .;',
,� � � L i���
.. -��
� ,,
t�lephone number #a gi�e its residents the EnvEranmer�tal Collection Center's hours. Th�
number is: (817} 871-5257.
90.
COMPENSATION
As fair comp�nsation for the services pravided by Fort Worth pursuant to ihis agreement:
A, Participating City agrees to pay �ort Workh the sum of $�0.00 per household per visit fo
the ECC or per ho�se�old for partieipation in a Mobile CollectEon �vent to dispose of
househalc� �azardous waste.
B. [f �ort Worth determines that Participating Ciiy's MCU operators improperly packaged
any of the HHW deliverad t� the ECC, Fort Worth shail repacKage such waste, and
Participa#ing City shall reimhurse �art Worth for it sta#f tirr�e at $20.Q0 an hour and the
cost of supplies.
C. If a spill occurs at th� ECC while the Non- Fort War�h MCU is sti11 in Participating City's
possession, Fort Worth shall take con#rol of the spill response and Partieipating C[ty will
reimburse Fort Wort� for iis response costs af $60.00 per hour staff time and the cost of
supplies.
D. The amount due to For� Worth for services pra�ided under this Section, Paragraphs A,
B, and C, shall be billed to Participatirtg City quarterly. Participa#ing City shall pay Fart
Worth wiihin 30 days of receiving a bill from Forf Worth, ]f Fort Warth does not receive
payment within 30 days, For� Worth shall inform Participating City ir� writing that it will not
accept any househa�d hazardous waste from Participating City's residents and that Fort
Worih wi[I nof participate in a mobile collection event or pravide a rriobile collectian unit
until paid.
E. At thE end af the term of this Agreement, Fort Worth shall pro�ide a final acco�nting ta
Participatir�g City, which will includ� t�e tatal number of Participating City's t�ouseholds
which par�icipated in the program, repackaging fees, if any, and the total cost of spip
r�sportse c�arged ta Participating City, if any.
F. Pursuant to the requirements of Go�ernment Code §79�.01� (a)(3), the ama�nt d�e to
Fort Worth under Subparagraph D, above shall be paid from revenues curfenfly
a�ailable ta Par�icipating City in the prEsent fiscal year.
12
�1.
ARTWORK, ""CAPTAIN CRUD AND THE CRUDDIES," AN� PROMOTIONAL MATERIALS
L10EN5E AGREEMENT
Fort Worth is ti�e owner of "Capfiain �rud"' and the Cruddies ("�foomer,'" "Ottio," '"Pesfie,
"Scrub," ancf "Van Cao") "Conquer Your Crud," and "Crud Cruiser", and therefore all
ownership rights belong to Fort Wot�h. Fort Worth has registered th�ese marks as service marks
with the 5ecretary of State.
A. Fori Worth her�by grants ta Participating City a non-transferable, non-exclusi�e license
to use all the artwork and promofional materials that may be provided by Fart Warth to
be used solely in the conduct of the business of Participafiing City's disposal and
recycling of househald hazardous waste programs. If Participating City wishes to use to
Licensed Ar� andlor Promotional Materials in oth�r limited situations; Participating City
must first obtain express written consent from F�rt Workh,
B. F'ort Wortt� may pr�vide licensed Artwarl� and Promotional Materials to Participating City
pursuant to the ierms ofi fhis Agreement. Participating Ciiy acknowledg�s #hat by �ir�ue
af this License, Participating City acquires on{y the rigt�t to use the ariginal and permitted
duplicate copies of the Licensed Ariwork and Promotior�al Materials and daes nat
acquire any rights �f ownership in t�e L9censed A�rtworlc and Promotiona! Materials,
which rights shall remain exclusiveiy with Fart Worth. If Participating Giiy wants to modify
ar change t1�e artwark andlor promotianal materials in any manner, Participating City
hereby agrees to contact Fort Worth in writing to obtain written cansent before modifying
or changing any artwark andlor promotional materials.
C. If Participating City desires an actor ta portray "Captain Crud" for an e�ent, Participating
City shall use actors appro�e� by For� Worth to partray "Captain Crud" since "'Captain
Crud" is awned by Fort Worth. Participating Ciiy shall be soleEy responsible for
compensating actor for the services pro�ided fo Participating City. Participating City will
cantact Fart 1North as soon as possible with the date and time of the e��nt agreeabie to
both parties to obtain approval far the chosen actor and to requ�st and pickup the
"Capfain Crud" costume for iis events. Fart Worth will p�o�ide the "Captain Crt�d"
costume. However, Participating City agrees io be liabie to F'ort Wor�h for any damage to
the costume or if Participating City fails to return the entire costume to Far� Worth or if
t�e costume is not returned in the same conc{ition as received.
12.
IMMUNITY
It is expressly understo�d and agreed fhat, in the execution of this Agreement, none afi the
participating cities waives, nor sF�all be hereby deemed to waive, any immunity or �efense fhat
wvuld aiherwise be available to it against claims arising in the ex�rcise of governmental powers
and funcfions, and that the services described in this Agreemeni are a go�ernmenfal f�tncfion.
93
,. ,
,��;�3�
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r
� ,;��1G`�
�E�e ��I��
13.
FORCE MAJELIRE
A delay ar failure af Fort Worth to �erform services pursuant to #his Agreement shalf be excused
to the extent that the defay or faiiure to perform resulted from a force majaur� e�en#, and the
delay or failure was beyond the control of Fort Wort�i and not due to its fault or negligence.
Participating City shall nat ha��, and hereby waives, any claim whate�er for any damages
resuliing fram delays or failure fo perform caused �y a force majeure e�ent.
14.
TERMINATION
The parties shalf each ha�e the right to terminate the Agreement for any reason, with ar without
cause, upan thir�y (30) days wriften notice to #he other party. Upon terminatian, the parties shall
be r�l�ased from all contractual obligations ta the other party excluding "USE OF WASTE
DISPOSALIRECYCLING FIRMS FOR HOUS�HOLD HAZARDOUS WASTE" (Paragraph G}
"R�USE OF COLLECTED MATERIALS" (Paragraph 7} and "ARTW4RK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERfALS L�CENSE AGREEMENT'
(Paragraph 11).
�5.
NOTICE
Any noiices required fo be given under this Agreement shall be deli�ered as follaws:
If to Fort Warth:
Brian Boerner, CHMM, Director
Department of Environmental Managem�nt
City af Fart Wor�h
10�0 Throckmarton
Fo�t Worth, Texas 76'f �2
If to Participatina Citv:
�� rt l`��s.t{� S. Y YM, J i!"01+ r'v+e�T+1 �7 � e c; �.•� i 5�
o��A� 1� N.c:EnG"� 1,.�KL
I-�uest, "ix. 7G,OS�J
1fi.
ENTiRETY
This Agreement contains all cammitments and Agreements af the parties hereto, and no other
oral or written commitments shall have any force or efFect i� not contained herein, exc�pi that
this Agreement can be amended or m�dified by the parties if such amendment or modificatian is
in wr[ting and signed by Participafing City and Fart Worth.
14
17.
SEVERABILITY
In the e�ent anyone or more of the �rovisions coniained in this Agreement sha[I for any reason
be held ta be in�alid, iflegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisian thereof and tnis Agreement shall b�
consfrued as if such invalid, illegal, ar unenforceable pra�isions had never been contained
herein.
18.
VENUE'
Should any action, reaf or asserted, afi law or in equity, ar�se out of the terms and condifions of
this Agreement, �enue for said actian shall be in Tarrant County, Texas.
'� 9.
AUTHORITY
This Agreement is made �€or Fort Worth and Participating City as an lnterlocal Agreement,
pursuant to Texas Government Cod�, Chapter 791.
24.
AUTHORIZATION
The undersigned officers andlor agents of the pa�ies heret� are properly authflrized afficials
and ha�e the necessary autharity to exeeute this Agreement on behalf of the par�ies hereto, and
each party hereby certifies to the other that any necessary reso�utions exter�ding such authority
hav� been duly passed and are now in fu1[ force and effect.
� � � � '� ������
. . -�.�,���
.; ,
EXECUTED IN TRiPLICAT�
C1TY OF' F4RT WORTH
BY� � � �
� � J •�
L�bsl Watson�� �
Assis#ant City Manager
Date: . . , �
C�� �F �-������; �T�
By:
, �
— /� : C .� i%�,-!�7 �'
Printed nam�; c , �c� �..�/F�c�2
Title: city ��r
Date: ;�� ��'� � �- .
APPROVED AS TO F�RM
AND LEGALITY:
�� �.��fp
Assistant City Attorn�y�
A ST;
,�.�� � �_�
ria P� on
City Secr tary
�� � ���
�
Confract authorization
�
_ � � �b�-2
Date `
_ ���;,��'�f � ��� � �
, � . ��'1� �
, ,
�
�: �� ., ��.
APPR�VED AS TO F�RM
AND LEGALiTY:
��� �
����: ��,
� � :ity Attarne�
ATTEST:
City Seerretary
�
r
Exhibit "A'"
R�ST'8CKlNC� �I�Y ��� ibL �0�1�� ��LL��Ti�N UNI`T
Ma�erial Amount Res�oc�ed
55 gallon o�en to}� Amount taken off the
drums {open top for trailer
foos� packs)
55 gallon drums Amauni taker� off th�
(clased to�) (oil, trailer
antifreeze, bulk
flammab�e rnaterials
and one extra}
Fiber drums (55 or 30
gallon) A�rosois, Amount taken ofF the
acids, bases and trailer
oxidizers} _
Gaylord bax liners
(�lastic) Amount taken off the
trailer
55 gallan drum liners
Amount taken off th�
trailer
5 gallon buckets
(filt�rslhaz cnemicals) Amaunt taken off the
trailer
Survey Forms
Amoun� ta[cen off #he
trailer
Labelsldrurn placard
Amount taken aff t�e
. trailer
Gaylard boxes
Amount taken off the
trai[er
Absorbent pads
Amount taken off the
trailer
Vermiculite
Amount taken off the
trailer
Qil dry
Amaunt takert aff t�� ,
trailer '
Promot�onal Materials �
& Brochures Amaunt needed
17
5pecial f�eeds � Remarks
� '�i
�;. , e
_l���; � '��s •r
,,,,.� �.r
I�"'!� � :',�
Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLL�CTION OF HOUSEHOLD
HAZARDOUS WAST�
I�eing #he owner of property lacated at
ha�e b�en asked by the City of to allow a mobi[e coile�tian
e��nt on my property to ca[fec# househn�d hazardous waste on the , 2001,
In consideration �f ,[��reby gi�e my permissivn to the City of
_ to ho�d a hauseha[d hazard��s waste collectian event on my
praperty in which the City af has asked the City of Fork Wor#h
#a set�d its mobile coliection unit to coflecf the hausehold E�azardous waste #hat i� brougl�t fo the
event.
Therefore, in cansideration of , 1 hereby RE�.EASE,
DISCHARGE, HOLD HARMLESS, INDEMNI�Y the City of Fort Worth ar ifs officers, agents,
and employees and the Ci#y of _ and its office�s, agents,
andlar employees for any and all claims, demands, li�biliiy, causes of action, ac#ions or suits of
any charaeter fhat I may have against the City of Fort Worth or its officers, ag�nts, and/or
employees and the City of or its offic�rs, agents, andlar
employess for a�y property loss or damage, for any and all personal injury ir�cluding death ar
any other damage of any kind or character which may arises or that arises from aI]owing the
City of to hold a hausehold hazardaus waste collectian event, in
which the C�ty of Fart Warth sends its mobile collectian u�it on my properly.
I hav� rea� #his Waiver and Re�ease and fully undersfand its #erms and canditions. I have not
been influenced in any extent whatsoev�r by any representafion or statem�r�ts not contained in
this Agre�ment. I hereby acknowfedge that this Wai�er ar�d Release is given in consideratinn af
Signature Date
Witness
78
City of �`ort V�orth9 Texas
J��y�� ���[ G�r��ci� ���a'��ic�fi��
DATE REFERENC� NUMB�R LOG NAME PAGE
9124/02 �*�_� 92�g 52COLLECT 1 of 2
SUBJECT WTERL�CAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
PARTICIPATION AT THE ENVIR�NMENTAL COLl�ECTION CENTER
REC�MMENDATION:
It is recommended that the City Council authorize the City Manager to execute interiocal agreements
with �arious municipalities/entities for participation at tl�e Environmentaa Collection Center.
DISCUSSION:
The City's En�iranmental Collection Center is now in its sixth year of. operation collecting household
hazardaus waste from the citizens of Fort Worth and surrounding communities on a yea� round basis.
In order for non-Fart Worth citizens ta parficipate at the Environmental Collection Center, eacn
municipality is r�quired to enter infa an interiocal agreement with t�e City of For� Worth.
The rate per household for the periad co�ered by these agreements (October 1, 2002 through
September 30, 2003) is $50.Oa. The decrease in the rate is due to receipt af a grant fram the Nortn
Central Texas Council of Governments that wil[ pro�ide $15�,000 for disposal costs during FY2002-
2003. !# is anticipated that approximateiy $420,000 will be collected under these agreements. During
FY20D1-2002 tweniy-six area communities signed �articipation agreements with the City of Fort Worth.
F'or the upcoming year we expect � ali ot those communities ta participate and have had interest
expressed by six others.
This agreemer�t autlines the responsibilities of each party, esia6lishes fhe rate for participation, and
delineates the usage af service marked, public education material. The City af Fort Worth is
responsible for o�erall aperation of the Environmenial Collectian Center including contracting witt� a
hazardous wast� disposal company for transportation and disposal of materiaEs collected. The
following entities have expressed an interest ("`) or are expected to commit to participatipn for the period
October 1, 2002 through September �0, 20Q3:
Arlington
Benbrook
Cle�urr�e
Euless
Haltom City
Kennedale*
North Richland Hills
Raanoke*
Stephenville
Upper Trinity Regio�al Water District
White 5ettlemeni*
Azle
Burleson
Coileyvilfe
Grand Prairie
Hurst
Mar�sfield
Richland Hills
Saginaw
Traphy Club�`
Venus
Wi[low Park*
Bedfiord
Cedar Hill
Everman"
Grape�ine
Keller �
Newark
Ri�er Oaks
Southlake
Un-incorporated Tarrant Co�nty
Watauga
C'ity of .F'ort �orth, T `exas
ay�r ��d ����ci� ����r������i�r�
DATE REF�R�NCE I�lUMBER LOG NAM� PAGE
9/24102 **��� g��� 52COLLEGT 2 of 2
SUBJEC�f' INTERL�CAL AGREEMENTS WITH VARiOUS MUNICIPALITIES FOR
PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
FISCAL. INFORMATIONICERTIFICATION:
The Finar�ce Dir�ctor certifies that the Environmental Management Department will be responsible for
the collection o� fun,ds due under these agreements. �
LW:n
5�bmitted far Gtty Mar�ager's
Of�ce by:
Libby Watson
Originating Departtnent Head:
Brian Boerner
Additional Information Contact:
Brian Bnerner
6183
I �'UND I ACCOUNT
(to)
R143 46822Q
CENTER I AMOUNT I
0521100 �
�
1
CITY SECRETARY
8079 �. (from)
SD79
APPROVED 9124102