HomeMy WebLinkAboutContract 28030�lTY S€CR�'Pqf�y �'j �
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lNTERLOCAL AGREEMENT FOR PARTICII'AT{ON IN F�RT WORTH'S
�NVIRONMENTAL COLLECTiON CENTER
HOUSEHOI.D HAZARDOUS WASTE PROGRAM
THIS AGR�EMENT is entered into by anc� betwaen the City of Fort Workh, Texas, a hame-rufe
municipal carparatian situated in Tarranf and Denton Counties, Texas, herefnafter called "Fort
Worth," acting herein by and through Libby Watson, i#s duly a�thor�zed Assistanf City Manager,
and t1�� city of Grapevine a municipality situated in Tarrant County , Texas,
here'rnafter called "Participating City," acting herein by and thraugh �oger Nelson its d�ly
authoriz�d ��a„a �p,. .
WfTNESSETH
WHEREAS, Texas Gavernment Code, Chapter 79�, authorizes_ the formulation af in#erlocaf
cooperation agreemer�ts between and among local governments; and
WHEREAS, Texas Govemment Code, §79� .0� 1 provides t�af a local government may contract
with ar�ather ko perform governmental functions ar�d services, and §791.D03(3}(H) defines waste
disposaf as a governmantal function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a fncal governmeni may agree
with artother locai government ta purchase services; and
WHEREAS, Fo� Worth and Participating City desire fo enter into an inter�acal agreemar�t
whereby Fort Workh will purchase tt�e services af a waste dispasallrecycling firm ar firms and
will administer a hausehold hazardous wast� callection program; and
WHEREAS, �ort Wor�i� and Participating Cifiy mutually desire io be subject to the provisians of
Texas Go�ernmer�t Code, Ctiapter 791, also known as the Interloca! Cooperatian Act.
N�W THEREF�RE, it is agreed as follnws:
1.
DEFINITIONS
A. UnEess a provislor� in fE�is Agreement explicit�y sfates otherwise, the fa�lawing terms and
pf�rases, as used in this Agreement, shafl ha�e the meanings her�inafter designated.
Act of Gad means �an act occasioned by t�e direct, immediate, and exelusive operation
of the farces of nature, uncontro�led ar u�influenced by the power af humans and without
human intervention.
Bill af Ladina fists the contents of the mobile collection unit.
Environmental Collection Center fECC) means the City of For� Worth Department of
Environrnental Management facility located at 6400 Bridge Street, Fark Vllarth, Texas,
which is to be used by �ort Worth for the aggregation of household haxardous wastes
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that �ave been brought #o #he facility by participatir�g cities' ho�seholds for subsequent
recycling, dispasal, andlar reuse.
Environmenta[ damaaes means ail cfaims, judgments, damages, losses, penalties, fines,
liabili#ies (including strict laability), encumbrances, liens, cosfs, and expen�es of
investigation and defense of any claim, whether or not such claim is uftimately defeated,
ar�d of any good fiaitn settlement or judgment, of what�ver kind or natur�, contingent or
otherwise, matured ar unmatured, foreseeable or u�forese�abl�, including wiihaut
iimitatian reasonable attorney's fees and disbursements a�d consultant's fees, any of
which are incur�ed st��sequent to the executian of this Agreement as a result of tha
han�ling, col�ec�ion, transportati�n, storage, disposal, treatment, recovery, ar�dlor reuse
of waste pursuant to this Agreement, or the existence of a violation of er�vironmental
req�irements perEaining to sama, and incEuding withoui limitation:
(a) Damages for personal injury and death, ar injury ta property or natu�al resources;
(b) Fees incurred for the services of attorneys, consultants, cor�tractors, experfs,
laboratories and all other costs incurred `m connection wit� ihe invesiigation or
remediatian of such was#es or viofatian of environmentaf requiremer�ts includir�g,
but not l9mited ta, the preparation of any feasibifi�y studies or repQ�ts ar th�
perFormance of any cleanup, remediatian, rema�al, respanse, abatement,
containment, closure, restoratian or monitoring wark required by any federal,
state ar Eacal governmental agency or political subdivision, or oth�rwise
expended in connection with #i�e existence of such wastes or violatiar�s of
enviror�mental requirements, and including withaut limitatian ar�y attorney`s fees,
casts and expenses incurred in enfarcing t�is Agreement or collecting any sums
due hereunder; and
(c) Liabjlity to any third persvn or govemmental ager�cy ta ir�demnify such person or
agency for costs expended in cQnnection with the items feferenced in
subparagraph (b) hereEn.
Environmenta[ reguirements me�ns all a�plicable present and future statutes,
regu�ations, rules, ard9nances, cades, licenses, permits, ard�rs, appro�als, plansT
autharizations, coneessions, franchises, and simifar items, of a�i governmental agencies,
departments, commissions, baards, bureaus, or instrumentalities of the United States,
states, and politicai subdivisions thereof and ai� applicabfe judicial, admi�istrative, and
regulatory decrees, j�dgrr�ents, ar�d ord�rs refating to the proteciion of human health or
the en�ironment, including without limitation;
(a) All requirements, including but not limited to those pertaining to repo�ting,
licens�ng, permitting, inv�stigation, an� remediation nf emissians, discharg�s,
releases, or threatened releases of hazardous materials, pollutants,
cantaminants, or hazardous ar toxic substances, materia[s, ar wastes whetl�er
salid, IEquid, or gaseous in nature, into the air, surtace water, groundwa#er, storm
water, or lar�d, or relating to the manufacture, processing, distribt�tinn, use,
fr�atment, storage, disposal, transport, or handling af pollutants, contaminar�ts, or
hazardous or toxic substances, matertials, or wastes, whether so�id, liquid, or
gaseous in nature; and
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(b) All requ�rements pertaining to the protectian nf the health and safe#y of
emplayees or the public.
Force maieure means decrees af or restraints �y a gavernmentai instrumentality, acts of
God, work stoppages clue to labor disputes or strikes, failure of Fart Wor�h's
cantractor(s} to perFnrm pursuant to their agreements with Fort Vllarth for the canduct of
tF�e cafl�c�ion of hous�hald hazardous wasfe, fires, explosians, epidemics, riats, war,
rebel[ion, and sabotage.
Househald hazardous waste (HHW) means any solid wasf� generate� ir� a household by
a cor�s�mer which, except far th� �xclusion provided f�r in �40 CFR § 261.4(b)(� ), wau[d
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardaus wa�t� manifest form{s) furnisE�ed by the TNRCC
to accompany shipments of municipal hazardous waste ar Cfass 1 industriaE soEid waste
for waste trans�orted ta a site in Texas, ar the cam�arabl� manifest of the recei�ing
state if th� wast� is transported aut of Texas.
Mobile colfeci9or� event means a househoid hazardous waste co[lecfiar� evant by
Pariicipaiing City utilizing a mobile collection �nit.
For� Worth Mo6ile ealleetion unit (MCU) means a non-self-propelled �ehicfe used for the
periociic collectian of household hazardous waste by Parkicipating City, off-site flfi the
ECC, which is fransport�d to ##�e �C� to dispose of th� household hazardous waste
collected at the mr�bile collection e�ent. The Fort Vllarth Mobile Ca�lec#ion Unit is
desigr�ed to hold the hazardous waste of approximately 50 to 75 households.
Participatir►a Cities, when used in the plura�, means Fort Work�, Participating City, artd a�l
other entities which have entered into interlocal agreements with Fort VWorkh for the ECC
household hazardous waste cafEection pragram.
Person means an individ�a�, corporation, organizatian, �overnment, or governmental
subdivisfon or agency, business trust, partnersh�p, associatifln, or any other lega! entify.
Waste has the same meaning as "solid waste" as tf�at term is defir�ed in Texas Health
and Safeiy Cv�e §361.003, and including hazardc�us substances.
B. Unless a proWision in this Agreement explicit[y states atherwise, the folfawing
a�breviations, as used �in this Agreement, shall have the meanings here�nafter
designated.
CERCLA - Comprehensive Environmental Respanse, Compensatian, and Liability Act.
CPR - cardiopufmonary r�suscitatian.
�OT - United States Depa�tment of Transportatian.
ECC - Enviranmental Collection Center.
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EPA - United States Environmental Proiectian Agency.
HAZCAT - hazardous categorization. '
HAZINOPER - hazardous waste op�ratians and emergency response.
HM - hazardous materials.
HHW - household hazardaus waste.
MCU - Mabile Collection Unit.
2.
PURPOSE
The pu�posa of this interlocal agreemenf (F�ereai'ter "Agreemenf"} is the pro�ision of serv9ces by
Fort Worth to Partic9patin� City wherehy, subject to ff�e terms and cond9tions specified be[aw,
Fort Wo�th wifl adm9nister and supervise a regioRa[ household hazardo�s waste collection
program, which will b� available to ho�seholds within Participating Ci�y.
3.
T�RM
Ti�is Agr�ement shalf be effec�iue from the date the last party has sign�d this agreement
t�roug� 5eptember 30, 20�3. �
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the followin� servic�s for Participating City in conr�ectio� with the
ECC househald hazardous wast� collection program:
A. Fort Worth will administer a regional hous�hold hazarda�s waste collectian program.
This program will include fhe operafion of the �nvironmental Collectior� Center, which
will accept for disposa[ andlor recycling househald hazardaus waste from hause�o[ds
Iocated within Participating Gity. Fort Worth shall not accepf campressed flammable gas
containers; radioactive materials; explosives ar potenfially shocEc �sensitive materials;
hiologicaf, etiologic, and if7f@C�f0U5 materials; wastes from businesses; and any other
wastes that Fort Worth has determined ar� unacceptahle,
B. For� Worth will employ or refain personnei to provide the services necessary ta perform
For� Worth's abligations in this Agreement.
C. F'ort Worth will enter into a contract(s) with waste disposallrecycling firm(s) for the
handling, collection, fransportatian, storage, disposal, freatment, recovery, ar�dlo� reuse
of household hazardous waste, whic� is callected at the ECC.
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D. �ork Wo�th wilf, if requested in wri�ing by Participating City, provide Participat9ng City with
copies of waste manifests far shiprrt�nts of waste from the ECC.
E, �art Wor�h will, [f requested in writing by Participaiing C�ty, pravide Participating City a
monthly repor� of the Participating City's households who disposed of nousehold
hazardaus waste at the Environmental Coilection Center ar a Mobile Cafl�ction Event, �
F. Fort Worth will issue a re�ori and a bill at the end a# each quar�er detailing �he number af
Participating City's households #hat disposed af hausehofd hazardous waste at the
Environmental Gollection Center or at a mobile collection event.
G. F'ar� Worth will act under this Agreement in accordance with all applicable state s�d
federal laws.
H. Non-Fort Worth Mabile CaNection Unii
1. Fort Worth agrees to accept hausehold hazardous waste from Participating City's
MCU in accardance u+rith 5eciian 5, of this agr��ment.
2. Fort W�rth agrees to re�tock the items it removes fram Pa�ticipating City's MCU,
however, Fort Worth shall onfy restock items listed in Exhibit "A", attached and
inCorporated herein as if set forth. �
I. Mobile CoEl�ction E�ents —Usinq Fart Worth's Unit
If Participating Giky would like to scF�edule a mobile collecfion event with
the Fort Warth Mobile Collection Unit, Fort Worth wili send Participa#ing
City a iist of available dates. Participating City will contact Fo�t Worth as
500f1 �5 passible to schedule the date, time and loca#ion agreeable to
both parties.
�a) Locatian
If Participati�g City choos�s to hold the Mobile Coilection E�ent on
private property, Participating City shall obtain a signed waiver
fram the awner of the prop�rty 1 w�ek pr9or tc� the �v�r�t. The
waiver shall be in the foem o� Exhibit B or simifar form approved by
Fort Wo�th. The signed wai�er must be sent to For� Worth 1 week
before the Mobile Coliection �vent. If the signed waiver is not sent
to �art Wo�th 1 week before the Mobile CaElection Event, Fort
Worth will not ser�d the Fort Warth Mobile Cof�ectior� Unit ta the
event and Parkicipating City will, in �o eve�rt, be entitled io any
damages of reco�ery of any costs, except as provided h�reyn.
(b) Available Dates
Participating City acknowl�dges that For� Warth cantracis with
ather municipalities and that Fart Wor�h wil] be aceommodating
each Participating City`s reqvest on a first came �rst served basis.
Therefore, Participating City a�knowledges #hat its chosen date to
scf�edufe a mobile collactian event may be r�served by another
City and Par�icipating City wi[I have to choase anothe� date.
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Participating City wi11, in no event, be en#ifled to any damages or
recovery of any costs, exc�pt as pro�ided herein.
2. At the Mobile Caqection Evenf, Participating City acknowledges and agrees thaf
Fort Worth shali acc�p� household hazar�ous waste from the first 50 households
that show proof of res9dency at the Mobile Call�ction Event. After the firs� 50
hous�halds, �ort Warth will determine in its sole discreiian haw much more
waste it can accept and store properly. If more househalds arri�e at the ave�t
than Fort Wartt� can accept, Participating City will in no event be �entitled #a any
damage af recovery of any casts, except as provided herein.
3. Due to ihe lack of storage space af the ECC, Participating City acknowledges
and agr��s ihat if it requests the Fort Wor�h Mobile Collection Unit at a mobile
collection e�ent, a Pariicipating City`s Non-For� Warth Mobile Callection Unit shall
not also f�e at the event.
4. City, in its sole discretian, wifl determine w�ett�er ta send the �art Worih Mabile
Collection Uni# fo Parficipating City's Collectian Event during ad�erse weather or
the threat of adverse weather including but not limited fo slee#, snow, rain, mist or
hail. In #he event Fort Worth determines nat to send �he �ort Worth Mobile
Gollection Unit, Fort Worih shall notify persor�s listed in Section 5, Paragraph A
and shafi send a For� WortF� employee to the Participating Ci�y's ev�nt fo tell any
residents t�at come ta dispose of hausehold hazardous waste; 1) that ihe Fort
Warth Mobile Colfecfion Unit will r�ot b� caming to the e�ent, and, 2) that the
resident can go to the ECC to dispose of the wast€; and provide a map to the
ECC.
5,
DUT�ES �F PARTICIPATWG CITY
Participat9ng City agrees to perform the fallowing duties in connection with the hous�hold
hazardo�s waste co[fect�on program; _
A. Participatin� City wiH designate one of its employees, and anather as an alternate, to act
as its household hazardous waste collection coordinatar to interact with �art Wartn.
Designated p�rson is: Naehan Loftice #el�phone number: ($��) 410-3330
Pager number or 24-haur number where he or she can be reached: �517) �69-5737
Alternat� persnn is Matt Sin�l.eton tefephane number: �R� 7} 4in_a��Q
Pager number or24-h��r numberwher� he or she can be reaehed: �a�_�) a�c�W7��n
B. Participa#ing City wiU coordinate and fund all program advertising targeted to its own
citizens, as it deems necessary. 5uch adverkising shall include the type of wastes that
� will be accepted at the �CC, the requirement af proaf af resider�cy and weather
cancellation information.
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C. Participating City shall notify its residents of the ECC hours of operation and dates it is
closed as pravided in � Section 9"The Environmental Collection Center Hours of
Operatian." ,
D. Part�cipating City may chaose to utilize a vo�acher system for its residents i� order far
them to bring HHW to the ECG, kf Participating C�ty chooses to use such a system, it
shall natify For# Worih of the decision, and shal! provide Fort Worfih with a capy of the
official voucher. In addition, if a citizen from a Participating City that utiiizes a vaucher
system comes �a th� ECC or a mabile callecf'ton event witF�out a �ouchar, Participating
City acknowlec�ges and agrees that Fort Warth wil! not accept the ho�sehold �azardous
waste until Partici�ating City authorizes the acceptance in writing.
E. Participating Gity may submit a written reques# for a rnanthfy report iisting the number of
its city's hauseholds that have dispased of hausehold hazardou� waste at the ECC or a
mobile co�lectian event.
F. Participa#ing City sha11 pravide traffic eantrol and signage far fhe mobile ca[lection
events, and sha[I provide personnel to assist �ort Warth with the survey and screening
of persons dropping aff househald �azardous waste. The parti�s prior fn ihe event shall
agree upon the details af the traffic control, signage, and personnel assistance.
G. Participatinq Citv's Mabile CaUection Units Coll'ectinq Household Hazardous 11Vaste
1. PartEcipaiing City shall ad�ise the ECC pragram manager at� least 72 hours in
advance of its mobile collection events. Participating City shall collEct only HHW
during a mobile eallectian event. Wastes from cammercial, agriculfural, and
industriak saurc�s shafE not be accepted. Participafing City st�all not accept
compressed flammable gas cantainers; radioactive materials; explosives or
patenfiafly shock sensitive materiafs; biological, etiologic, and infectious
materials; and any otF�er wastes that Fort Worth �as de�ermined are
unacceptable.
2. In accordance with the latesi D�T reqUirements, Participating Gity's MCU
operators will praperly categarize, package, mark, iabel, and load into the MCl],
all wasies recei�ed at the mobile collectian s�ent. Recyclable products �used oiE,
us�� oil filfers, latex paint, recycla�ie anti-freeze, lead-acid �atter9es, and
fluaresc�n# Iights) wili be segregated inta containers for recyclables,
3. After accepting wastes, Parkicipating City's MCU nperators shall thoroughly
check each container for praPer labeljng and identifi�ation. 1f a container is
properly identified, #he material will be segregated accarding to hazard class and
prepared for packaging. If a canta9n�r does not have adequate IabelEng to permit
identifieation, the MCU operators shall �hen attempt �o identify the material fram
its physical characterisiics usir�g HAZCAT analysis and from information pro�ided
by the household presenting the waste.
4. The Participating City's MCU op�rators shall package all hazardous materiaEs in
accordance with lJn�t�d States Department of Trans�artatian (D�T)
requirements, Unite� S#ates Environmental Protection Agency (EPA)
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�-equirements, and all other applicable federal and stafe requiraments. After al[
#he wast�s ha�e been properly identified an� segregated, the MCU operators wilk
reexamine tha wastes far compatibifity, [ist them on #he conta�ner content sheets,
and pack them into drums. Oil-based paints and Eatex paints shall be bulked
separately ir� 55-galEan drurns, or if the �aint is left in its container, the paint can
be �racked in a lined cubic yard box, and packed and labeied according to federal
and state regulations. Par�icipating City shafl not #ransport waste that is nat HHW
fia the EGC. Participating City agre�s to make its own arrangements to �dispose of
any non-HHW waste collected at the e�ent.
�. Prior ta transporting the HHW from the collectian eve�t site(s), Par#icipating City's
MCU a�eraiors shall complete a Bill af Lading, and shall keep the Bill af Lading
irt the cab of fhe truc�C haufing tF�e MCU during transportatian of the HHW to tF�e
ECC. Pariicipating City shall requ9re that � minimum of ane copy of the latest
North American �mergency Response Guidebook be kept wifii�in the cab of the
tru clt.
6. During transporkation, Participating City's MCLI op�rators si�alf pfacard �the MCU
for transportation of hazardous waste in accordance with federal a�d state law.
7. Upnn ihe return of the MClJ to the ECC, Par#icipating City's MCU operafors shall
follow the instructions af �ort Worth regarding the placement af the MCU for
unloading. �ort Wor�h sf�all tak� possession ofi the MCU from Parkicipating Gity
after the MCU has been properly par�ced #ar unloading in accordance with Fort
Worih's instrUctiot�s and all required documents have been delive�ed to the ECC
program manager ar his designee at the ECC. FQIt WDIiI� sha11, within a
reasonable amour�t of tim�, unload the. HHW fram th� non-Fort Worth MCl! and
store t�e HHW at the L�CC.
8. 1f Fort Worth, in its sole discretion, determir�es that Participating City's MCU
operatars improperiy packaged any of t1�e HHW deli�er�d to the ECC, For# Warth
sf�aE! repackage sucn waste, and Parkicipating City shall reimburse Fort Worth as
set farth in Section 10., Paragraph B. •
9. If a spill occurs at the ECC while the MCU is still in Participating City's
possessian, F'ort Wartn shaEl taice controi of fihe spFll r�sponse and Parkicipating
City will reimburse Fart Worth far its respanse costs as set forth in 5ection 10.,
Paragraph C.
6.
USE OF WASTE DISPOSALIRECYCLING FIRMS FOR H�USEHOLD HAZARDOUS WAST�
A. Fort Worth will enter into a confract(s) with waste dispasallrecycling firm(s} for the
han�l�ng, colEecfion, transportation, storage, djsposal, treatment, reco�ery, andlor reuse
of househ�old h�azardaus was#e, which is collected at the ECC.
B. Such firm(s} shall be raquired pursuanf ta the contract(s) to assum� ger�erator status for
the waste� collected, (excluding used oil, lead-acid bafteries and antifreeze) to chaose a
disposa! si�e for the waste s��ject to Fart Worth's approval, and to indemnify Fo�t Worth
and participating cities against any and ai! environmental damages and if�e violation of
any and aH en�ironm�nta! re�uirements res�lting from the handling, callection,
transportatiar�, storage, disposal, treatment, reco�ery, andlor recycling of waste colfected
pursuant to ihis agreement, when said en�iranmental damages or the �iolation of said
enviranrn�ntal requirements was the result af any act ar omiss�on o� contractor, its
afficers, agertts, employees, flr subcontractors, or #he join� act or omission of cantractor,
its officers, agents, employees, a� subcontractors and any nther person or entity.
C. Tbl� P�►Ri'I�� �Z��OCIVIZ� iHAi �►!��'FiBUGH iWE FIRM (S) 111TILL �C R�@UCR��
�� /�.�.�Ulvl� ��Ir������ .S�Q�UrSr ��"�l.� �S.�Ulvl r����� . ���� Pi�� �����v�
PART1�l�A�INC �1TY OF UA�lLI�1( �'�R ibF 1MAS7� lltd��� ����Rl��, LAI�
Af�D S��i� �AW. Fort Worth wi11 arrange for recycling v�ndors for used oil, batteries,
antifr�eze, and other materials, as if deems. appropriate.
7.
REUSE OF C4LLECTED MATERIALS
A. From time-to-#ime Fort Worth wil! mak� availab�e to residents and businesses of Fort
Wor#h, as well as, Partici�ating City and residenfs and businesses of Participating City
#or their use, coAected household hazardous waste materials thaf are suitable for r�use,
such as paint, fertilizer, mator oii, and antifreeze. �ort Worth shall nof charge for any
materials that are picked up far reuse.
B. Some materia�s made available for reuse may have been c�nsafidated artd fiiterEd by
FQrt Worth prior to being made ava�Iable. Used antifre�ze will 1�a�e been conso[idated in
a barrel, filte�`ed, and pH �alanced, and new antifreeze may have beet� addecE ta the
barrel.
C. In regards to materiafs accepted by Participating City, F�?Ri I�VORib IUiAF�ES CV�
R�F�Rf�SE�4iAilONS, WARC�AP�iiES �� (�UI�R�iVil�S ibAi:
1. the co�tainer contents are what tf�e labef indicates,
2. the container contents are those originally placed into tk�e cantainer by the
manufacturer;
3. ti�e produci is of the quality intended for its use;
4. the contents of the container have been stored praperly;
5. �he instr�ctio�s nn the container label for use, starage, and firs# aid are c�rrent or
correct;
6. the container is in unimpaired condition;
7. the p�oduct is still a�proved for use (i.e., if has not �een banned or recalled); and
8. the praducfi can be used witha�t risk to persons, property or the en�iranment.
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FURTH���fiOR�, A�� 1�JARR�,[d�'I�S, �XPRESS Aid� IfVl��l��, �.R�
5PEC1�'iCR�.LY ��R11ED.
D. Part9cipat�ng City shall contact the ECC program manager to arrange a pic�Cup time to
obtair� materials. Partic9pating Ci#y agrees tha� it shall not refurn to Fart Worth, directly ar
indirecfi{y, any materials it obtains from Fort Wor�h under this paragraph.
E. iN R�CARDS 70 IVIAi��IA�,S ACC�Pi�� �Y �ARTICI�AYI�C C[TY,
PART[�IP�►ilf�C CIiY DD�S HER��Y 'IdllAlll� ALL �LAllIAS, Ii�C�U�II�C
�RO��CiS LI�.�ILITY G�,41�VS, Ai�D R�LEA5�5, ANn bOLDS b�.RRl�L�S� ��1�
CITY O� �OR�' 1fidORTb, �.NC3 �LL O� Ii5 OFrICI�l�S, O�`�'iC��S, �fNPL�Y��S,
�,C�EN7'S, p►i��1 VOl�UPlT��RS, It�! ��Tb �Fi�l� �U��iC peP�� P�[VRT�
CA�ACITIE,S, �RONY AP�Y ARlp ALL L�I�o�1�liY, CLAIIh�S, SU1Y�, ��Mp►Pl�S,
�XP�NS�S Of� L��I�A►ifOf�, �I� C�►USC�-S O� ACTlON lMF91CH ilflAY ARIS� �Y
R��15AiV O�' INJ[JRY i� P�RSONS, ��SS @� �RBP�F�TY, DAMAG� '�O
PROP���Y, OR LOSS O� U�� O�' Af�Y P�O��R�1( ,�CC�.SIOR��� �Y T'H�
iRAP,�SPOFt7r4`�ION, STORAGE, HpoF�6D[�,[AlG, US�, AN� D15P�SAL �Y
����1�[��T1NG C1T�( �� AF1Y �11AoiFRIALS �4C��Pi��] �Y P��TiCI�A f INC CIiY
UN��R TbIS ACa���fUY�PIi FR�{� r�� I l�1fO�ifr�,
F. In regards ta maferials acc�pte� by residents or businesses of Participating Cities,
FORi WORYH MA4C�S N� R����S�AI�p►i[DAIS, WA�RAN�f�S aR CUARE�M`�I��
Tb�,i: '
1,� the container cor�tents are what th� label indicates;
2. the contain�r contents are those originally placed inta the container by the
manufacturer;
3. the product is of the quality intended #or i�s use;
4. the contents o� the contair�er have been stored praperly;
5. the instruc�ians on the container labe[ far use, storage, and first aid are current or
carrect;
fi, the container is in unimpaired condition;
7. the praducf is s#ilI approved �or use (f.e., it has not been banned or recal[ed); and
8. the product can be used w�thout risk to"persons, p�aperty ar th� en�irvnment.
�URT'i��RNYQR�, A�� �11AaRRAI�ilE5, �XPR��S A�dD IMPLI��, AR�
SP�Cl�ICALLY ��i�l��,
G. Par�icipating City shail attem�t to inform its residen#s and b�sinesses that if they go #o
#he Environmenta{ Collectian Center to pick up household hazardous waste for reuse, a
release of Iiability must �e signed to accept the household hazardous waste far reuse.
10
8.
RIGHT TO R�FLlSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accepf waste at the
ECC from Par�icipating City's resident and to ejec� s�ch individ�al from the premises of the
ECC, if in the r�asonable judgment of F'ort Worth:
A. The waste is nat hausehold hazardous waste,
B. The waste fails fa meet other establishec{ crit�ria established by this Agreement, or that
have been established by Fort Worfh subsequent to fhe execution af the Agreement;
C. T�e individuaf dfles not have sufficient identificafion to establish that helshs �s in fact a
� resident of Pariicipating City; .
D. Partici�ating City has implemented a voucher �ystem for its residents to dispose o�
wasta, and fhe individua[ does not hav� a vafid vot�ct�er; or
E. TE�e waste or the individual presents a hazard to the ECC or #o persons or property at
fhe ECC. �
9. '
ENVIRON4VIENTAL COLLECTIDN CENTER HOURS AND DAYS
�F OPERATION
A. Hours of Qperation
During the term af the agreement, the �CCs hvu�s of operatian are as follows:
Thursday and Friday 1 i:04 a.m. -7:OQ p.m.
Saturday 9:fl4 a.m. -3:�0 p.m.
B. Days the Environmental Collection Cen�er wiN be closed
During the term af the agreement, the ECC wil! be clased on ihe foH�wing days:
Thanksgivir�g Holiday, Navem�er 28 -29, 2002
Christmas Holiday, [7ecember 25, 2002
Jancaary 1 T 2003 thraugh January 08, 2003, fQr cleanup and repairs
M.L.K. DayJanuary2Q, 2�03
Memorial Day, May 26, 2Q43
Independence Day, July A�, 2D03
Labor Day, September 1, 2003
C. Notifying Res€dents
Participating City ag�ees to notify its resi�ents of the ECCs haurs of operaiion and dates it wilf
be closed. Participat9ng City may advertise the 24-haur Environmentai Callectiar� Center
1T
.��,�
� �•5�;��7
.. iifflil�
��a,i�r
_ ' �������;.
telephane number to give its residents the Environmental Callection C�nter's hnUrs. The
number is; (8'f7) 871-5257.
10.
CQMPENSATION
As fair compensation for the s�rvices provided by For� War#h pursuant to this agreement:
A. Partici�at9ng City agrees to pay Fort Warth the sum of $ SQ.DQ per household per visit to
ti�e ECC ar per household for participation in a Mobil� Ca�lection �vent to dispos� of
household hazardaus waste.
B. if Fori Worth determines that Participating Gity's MCU operators im�rop�rly p�ckaged
any of the HHW deliver�d to the ECC, Fork Worth shal� repackage such waste, and
Participating City sha�l reimburse Fort Worth far it staff time ai $2�.00 an hour and tF�e
cost af suppfies.
C. If a spill occ�rs at the ECC while the Non- Fort Worth MC� is stjll in Participating Citiy"s
�O5S�5SIOCt� Fort Worth shal[ take con�rol of the spill respanse and Participating City wiil
reimburse Fort Wor#h for its response costs of $60.00 per hour staff time and tF�e cost af
sup�lies. .
D, The amount due fo Far� Worth for serv9ces pror�de� under this Section, Paragraphs A,
B, and C, shafl be bill�d to Par�ic�paiing City quarterly. Participating City shall pay Fort
Warkh wifhin 3D days of receiving a bil[ fram �ort Worth. If Fort Wor�h does nat recei�e
payment within 30 days, �ort Wortn shall inform Par�icipating Cify in writing that it wE11 no#
acc�pt any i�ousehold hazardous waste from Participating City's residenfs and that Fort
Wo�th will nat pa�ticipate in a mobile callection �venf or provide a mobile collection unit
until paid.
E. At the end af the term o� this Agresment, Fort Worth shal{ pro�ide a firial accauntir�g to
Parkicipafing City, whici� will include the tataf number of Participating Gity's households
which partic9pated in tF�e program, repackaging fees, i# any, and the total cast of spill
response charged ta Participating Ciiy, if any.
F� Purs�ant to the requirements o# Government Code §791.011 (a)(3), the amount due to
For� Workh under Subparagraph D, above shalf be paid from re�enues currently
available to Part9cipating City in the present fiscal year.
�2
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENS� AGREEMENT
Fort Worth is the owner af "Capfain Crud" and the Cruddies {"�loomer," "�tfio," "�es4ie,
"S�1'Ubr" �Ild ��Va11 �OO""� ��Conquer Your Crud,�� �n(� ��Crud Cruiser", and therefare ���
ownership rigf�ts belflng to Fort Worth. F'ort Worih has registered these marks as service marks
with the Secretary of State.
A. �ort Worth h�reby grants to Participating City a non-transferable, non-excl�sive iicense
to use a!I the artwork and promotional materials that may be provideci by For# Workh to
be used sa{ely in tF�e conduct of the business af Parkicipating C�ty's disposal and
recycHng of'housef�ald hazardous waste pragrams. If Participating City wis�es to use to
Licensed Art andlor Pramotianal Materials in ather limiteci s�tuations, Participating City
must first obtafn express writt�n cor�sent from Fort Wor�h.
B. Fort Warth may pravide licensad Artwork and Pramotional Materiais fo Participating City
� pursuant �o the terms of this Agreement. Participating Gity acl�navwledges thaf by �irtue
af t�is License, Partici�ating City acq�ires only the rig�t to use the ariginal and permitted
duplicate capies af the Licensed Artavork and Pramotiona! Materia[s and does not
acquire any ri�hts of ownership in the Licensed Artwark and Promotional Mater[als,
which rights shall rerr�ain exclusively with Fort Wflr�h. If Participating City wants ta mo�ify
or change the artwark andlar promotional mater�als in any manner, Participating City
hereby agrees to contacf �'ork W�rth in writing to obtain writien consent before modifyin�g
or changing ar�y artwork andlor promotional materials.
C. If Par�ici�ating City desires an actor to portray "Captain Cr�d"' for an event, Participating
City shalf use actors appro�ed by Fort Worth to portray "Captain Crud" since "Captain
Crud" is awned by �ort Worth. Participating City shall �� salely res�onsible for
compensating act�r �or the services �ravided to Participating City. Participating City will
contact Fort Worth as soon as passible with the date and time of fhe event agreeable to
both parties ta obtain appro�al for the chasen actar ar�d to request and p�ckup the
"Gaptain Crud" castum� for its e�ents. Fart Worth will provide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort Worth for any darnage to
the costume ar ifi Par�icipating City fails to return the entire costume to �ort� Workh ar if
the costume is nat returned in fhe same cor�dition as received.
12.
IMMLINlTY
lt is expressly unders#ood and agreed that, in fhe execufEon of this Agreement, nane of the
participaiing cities waives, nor shall be hereby deemed to waive, any immunity ar def�nse fhat
wauld atherwise be avaiiable to it against claims arising in the exercise ofi gov�rnmental powers
and functions, and that the services described in #his Agreement are a governm�ntal function.
13 � ��'��p'��Q�� i ` �� "
.. � ' �
"i F'�Iy1 - �
I l�'
13.
FORCE MAJEURE
A delay or failure of Fort Wortf� to perfarm services pursuant ta t�is Agre�ment shall be excused
to the extent that the delay or failure to per�orm resulted f�om a force majeure e�ent, and the
d�lay or fail�re was beyond the contro[ of Fort Worth and not due fo its faul� or negligence.
Participating City shalf r�at F�ave, and hereby waives, any claim whatever for ar�y damages
resulting from delays ar failure to pertorm caUsed by a force majeure event.
� �.
TERMINATION
The park�es shall each t�ave #he right to �ermi�ate the Agreement far any reasan, with or withaut
cause, �pon fhirty (3D) days writ�en notice ta the ather parky. Upon terminatian, the parties shal!
be released fram a11 contractua� obligations to the other par�y excluding °USE O� WASTE
DISPOSALIRECYCLING �1RMS FC?R HOUS�HOLD HAZARDOIJS WASTE" (Paragraph 6}
"REUSE OF COLL�CTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDI�S," AND PR�MOTIONAL MATERIALS LIC�NSE AGREEMENT'
(Paragraph 11).
'f �.
NOTICE
Any nofices required to be gi�en under this Agreement shall be de[ivered as follows:
Ef to F�rE W orth :
grian Baerner, CHMM, Director
De�ar#men# of �nvironmental Management
City of �art Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participatinq Citv:
Nathan Lof�ice
Citp of Grapevine
�.a. �a� 95104
Grapevine, Texas 76099
1 B.
ENTIRETY
This Agreement contains ail cnmmitments and Agreements of the par#ies h�reto, and no other
oral or written commitments shalf have any fnrce or effect if not contained herein, except tf�at
this Agreement can be amended or modified by the par�ies if such amendment or modificafion is
in writing and signed by Participatir�g City and Fort Worth.
14
'i7.
SEVERABILITY
In the e�ent anyone or mare of the provisions contained in this Agreement sf�all far any reason
be held ta be invalid, i�fegal, or unenforceable in any respec#, such invalidity, ili�gality, or
unenforceability shall not affect any other prov�sian thereof and this Agre�ment sl�all be
construed as if such in�alid, illegal, or unenforceable provisions had never been contained
herein.
1 S.
VENIJE
Shauld any action, real ar asseried, ai law ar in equity, arise out of the terms and conditions of
t�is Agreement, venue far said action shail be in Tarrant County, Texas.
19.
AEJTHORITY
This Agreement is mad� far F'ort Worth and Participating City as an Interiocal Agreement,
p�rsuant to Texas Governmer�f Code, Chapter 791.
20.
AUTHOR�ZATI�N
T-h� �nd�'�igned.a.fficers andLQr_ag�nfs_�f the..part�es._hereto are__properly authorized afficials
and ha�e the necessary authori#y to exec�te t�is Agreement on behaff of the parties nereta, and
each party hereby certifies to the other that any necessary reso{utions exfending such autharEfy
have been duly passed and are now in full farce and effect.
' ;�,� �� ; r��(�''��
15 ��' - .
f-
,, . . ,
. _ �.. �� �
EXECUTED IN TRIPLICATE
C1TY OF FORT WORTH
By. �
;�
� ��' �a�; s —
Libt�'y Watson
Assistant C[iy A�ay�ager
Date: _ ._ -�
, .
CITY OF GRAI�FVINF.
- � sy:
� _ ._ ___
rf �/+ .
Prinfed nam�: � � _
Titf�: . � -�--�
Date: ��2�-Z
APPROVED A5 TO FORM
AN❑ LEGALITY:
l JY " `,' ' � 1 ' ' �! �
Assistant �City Attorney �
AT ST:
G`loria Pearso
Cify Secretary
�; �����
Co�tract a�thorization
��� ��
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Date
�,r��A���d� .
Af'PROVED A5 TO FQRM�� �'������d��b
AND LEG TY� , � �� �; �
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ATTEST:
c'�'����.�c-c�.c�
City Secretary
,����ov�D �Y �a�����
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Exhibit "A"
��SiQ�FC1NC �I�i F�� �H� �O�IL� �OLL�CiIOi� UNI�
iV�af�rial � Amaunt Res�ocked
65 gallon open �op Amount taken off the
drums (op�n top far trailer �
loase packs)
55 gallon drums Amount taken off the
(closed top) (oil, traifer
antifreeze, bulk �
ffammable materials
anci one extra)
Fiber drums (55 ar 30
gallan} Aerasols, Amount taken off the
acids, bases and trailer
oxidiz�rs)
Gay[ard box [iners
(�lastic) Amount�taken off the
trailer
55 gallan d�um liners
Amount taken off the
trai[er
5 gaHon bucicefs
(filterslhaz chemicals) Amoun� taken off the
trailer
Survey Forms
Amount taken o#fi the
traifer
Labelsldrum placard
Amour�t taken off ihe
. trai�er
Gaylard boxes
Amaunt taken off the
trailer
Absorber�t pads
Amount takett ofF the
trailer
Verm�cul�te
Amo�n� taken off the
trailer
Oil dry
Amaunt taken off the
t�-ailer
Promotional Maferials _
& Brachur�s Amount needed
Special Meeds Remarks
�__— � ,
, ' '� �
� , ,�ll;VvuL� �� , , .
17 ,�; ,,� , .i ;ly+l,.�
��
� r�r
, � �a
Exhi�it "B"
WAIVER AND R�LEASE �F LEABILITY �OR C�LLECTION OF HOUSEHOLI7
HAZARDOUS WASTE
I being tf�e owner of �ro�erty Iflcated at ,
have been asked by fhe City of #v allaw a mabife cnlfection
e�enf on my property to collect househafd hazardous waste on the , 20�1.
In considera�ion of , I fi�ereby gi�e my permission to the City of
fo hold a household hazardaus wasfe collection e�enf an my
property in which the City of has asked the Ci�y of Fort Warth
to send its mobile collection un�t to calfect the household hazardo�s wasfe thaf is brought to the
e�ent.
Therefore, in cansideratian of , , I hereby RELEASE,
DISCHARGE, HO�D HARMLESS, 1NDEMNIFY the City of Fort Worth or its officers, agents,
and empioyees and the City of and its afficers, agents,
andlor employees for any and all claims, demands, liability, causes of action, actions or suits of
any character that I may have against the City of F�rt Wnrth or its afficers, agents, andlor
�mpEoye�s and the City of ar its afficers, agents, andlar
empEoyaes for any property lass or damage, far ar�y and all �ersonal injury includEng �eath or
any other damage of any k�nd or character which may arises or that arises from allowing tt�e
City of to hald a F�ousehold hazardaus waste collection e�ent, in
which the Cify of Fart Wor�h sends its mobile c�llectior� unit an my property.
I ha�e read this Waiver and Release and fu[ly undersfand its terms and conditions. I ha�e not
been influe�ced in any extent whatsoe�er by ar�y represe�tation or statemer�ts not canfiained in
this Agr�ement. I hereby acknowiedge that this Wai�er and Release is gi�en in consideration of
Signature �ate
Witness
18
City of �'ort �orth, T'exas
�lay�� ��d �r�r��ciG ��r����i���i��
DATE REFERENCE NU[vIBER LOG NAME PAGE
9/24/02 **��� 92�� 52COLLECT 1 of 2
SUBJECT INTERLQCA� AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
REC�MMENDATION:
It is recommended that the City Council authorize the Ci�y Manager to execute interlocal ag�eements
with variaus munic�palities/entities for participation at the En�irnnmental Col�ection Ge�ter.
DISCUSSION:
T�e City's Environmental Collectian Ce�ter is naw in its sixth year of aperation collecting ho�sehold
hazardous waste from the citizens af �'ort Worth and surrounding communities on a year round basis.
In order fvr non-Fort Worth citizens to par�icipate at the En�ironmental Goflection Center, each
municipality is required to enter into an inferlacai agreement with the City of For� Warth.
The rate per ��household for the period cavered by these agreements {October 1, 2002 through
Septembe� 30, 2003} is $�O.aO. The decrease in the rate �s due to receipt of a grant from the North
Central Texas Council ofi Governments that wiEl provide $150,000 for disposa! costs during FY2002-
2003. It is anticEpated that approximately $420,000 will be collected under these agreements. During
FY20(}1-2002 twenty-six area cammunities. signed participatian agreements witl� the City vf Fort Worih.
Far th� upcoming year we �xpect all of those comm��ities ta parkic�pate and haue had interest
expressed by six athers,
This agreement outlir�es the respansibilities of each party, establishes the rate fior participation, and
delineates the usage of service marked, public education material. The City o� Fort Warth is
res�onsibfe for overall operation of the Envirflnmental Colleetion Cenier including contractir�g with �a
hazardous waste disposal company for trar�sportation and disposal of maf�rials collected. Th�
follarrving entities have expressed a� interest {") or are expected to commit ta par�icipation for the periad
�ctober 1, 2002 through September 30, 2003:
Arlir�gton
Benbroofc
Cleburne
EU��55
Haltom City
Kennedale*
Narth Richland Hills
Roanoke'`
Stephenville
Upper Trinity Regional Water Disirict
White 5ettlement*
Azle
Burl�san
Colleyville
Grand Prairie
Hurst
Mansfield
Richland Hills
Saginaw
Trophy Cf�b*
Venus
Wllow Park*
Bed�ord
Cedar Hili
Everman*
Grape�ine
Keller
Newark
River �aks
Sauthlake
Un-incorporated Tarrant County
Watauga �
C'ity of �ort 'f�orth9 T'exas
i����� ��c� ��r��ciG� ���r����cc��i��
DATE Ft�F'�RENCE NUMBER LOG NAME PAGE
s124�a2 �*�n� g��� I 52COLLECT 2 of 2
SUBJECT INTERLOCAL AGREEMENTS WETH VARIOUS MUNICIPALiTIES FOR
PARTICIPATI�N AT THE ENVIRONMENTA� COLLECTION CENTER
,"
FISCAL INFORMATION/GERTIFICATION:
The Finance Directar certifies that the Environmental Management Department will be responsible for
ihe collection of funds due under these agreements.
�W:n
Submitted for City Manager's
4ffice by:
Lib6y Watson 6I$3
Originating Department Head:
Brian B�erner
Additional In%rmaiion Contact:
Brian Boerner
k'LiND I ACCOUNT I
(to)
R103 48822Q I
�
8074 (from)
8079
CENTER I AMOUNT CITY 5ECRETARY
05211�4
APPR�VED 9l24/Q2
�
1