HomeMy WebLinkAboutContract 28031�� - �� � � � � ; � ; ; � cr�Y s�c���r�►�v
CONYf�ACT' I��� ����
INT�RLOCA� AGR�EMENT FOR PARTICIPAT1dN IN FORT WORTH'S
ENVIRONMENTAL COLL�CTION C�NTER
HOUSEHOLD HAZAR�OUS WASTE PROGRAM
THlS AGREEMENT is entered inta by and befween fhe City af Fart Worth, Texas, a home-rule
municipa! eorporation situated in Tarrant and Dentan Counties, Texas, hereinafter called "�ort
War�h," acf`rng herein by and through Libby Watson, its du�y authorized Assistant City Manager,
and City of Eul.ess a municipality situated En Tarrant Count��xas,
hereinafter called "Participaiing City," acting herein by and through Joe C. Hennig its duly
authorized City Mana�er .
WITNESSETH
WHEREAS, Texas Governm�nt Code, Chapt�r 791, authflriz�s fhe formulafion of interlocai
cooperation agreements �etween and among local governments; and
WH�REAS, Texas Government Co�e, §791A'I'1 pro�ides tE�at a local government may contract
with anofher to perform governmentaf functions and services, and �791.003(3)(H} defines waste
disposal as a go�ernmental function and service, and
VIIHEREAS, Texas Go�ernment Code, §791.02� provides that a locaf government may agree
wifh another local government to purchase services; and
WHER�AS, Fort Worth and Partfcipatir�g City desire to enter into an interiocal agreement
whereby Fort Wor�h will purchase the services of a vuaste disposallrecycling firm or firms and
will administer a household hazardaus waste collectian program; and
WHEREAS, Fart Wo�h and Participafing City mutually desire ta be subject ta the prvvisions of
Texas Government Code, C�apter 791, also known as #he Interlocal Cooperation Act.
NDVII THEREFORE, it is agreed as follows:
1.
DEFiNITIONS
A. Unless a provision in #his Agreement explicitly state� otY�erwise, the following terms and
phrases, as used in t�is Agreement, shall have the meanings �ereinafter designated.
Act of Gad means an act occasianed by fh� direct, immediate, and exclusive operation
af the forces of nature, uncontrolled or uninfl�enced by the pawer of humans and withaut
humar� int�rv��tion.
Bill of Ladina lists the contents of th� mobile collection unit.
Enviranmenta� Collectian Center lECC3 means the City of �art Worth Department of
Envirartmenfal Management facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fart Worth for the aggregation of househvfd hazarctous wastes
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that have been brought ta the facility by participati�g cities' househalds for subsequent
recycfing, disposal, andlor reuse.
En�ironmental damaQes means afl claims, judgments, damages, �oss�s, penalties, fEnes,
I�abilities (incl�d'mg strict liability}, encumbrances, liens, costs, and expenses of
investigation an� def�nse af any cfaim, whether ar not such claim is ultimately defeated,
and af any good faith settlement ar judgment, of whatever kind or nat�re, canfingent or
otherwise, matur�d or unmatured, foreseeak�le or unfioreseeable, incfuding withaut
limitafion reasonable attorney's #ees and disbursements and cons�ltant's fees, any of
which are incurred subseq�ent io the executian of this Agreement as a result of the
handling, callecfion, transportation, storage, dispasal, treatment, reco�ery, andlor reu�e
of waste pursuant to ff�is Agreement, or tne existence of a violation of er�vironrr�ental
requirements pertaining to same, and including without limitation:
(a} Damages for personal injUry and death, or injury fo property ar natural resaurces;
(b} Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all ather costs inc�rred in connection with the irtvestigat9on or
remedia4ian of such wast�s or viafation of environmer�tal requirements including,
bu� not limited to, the preparation of any feasibility studies or repQrts flr the
performance of any cleanup, remediation, removal, response, abatement,
containment, closure, restaration or monitoring work required by any federal,
state ar local governmental agency flr political subdivision, or otherwise
expended in connecfion w�th the existence af such wastes or violations af
en�iranmental r�quirements, and i�cluding without limitation any attorney's f�es,
costs and expenses incurred in enforcing this Agreemer�t or collecting any sums
due hereunder; and
(c) L.iability to any fhird person or gnvernmental agency to indemnify such person or
agency for casts expended in cannection with the iiems referenced in
subparagraph (b) Y�er�in.
Environmental reQuirements mear�s a�l applicable present and future stafutes,
regufatior�s, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, nf ap governmental agencies,
departments, cammissions, baards, bureaus, or instrumentafities of the United 5tafies,
states, and political subdivisions thereof ar�d all applicable judicial, administratEve, and
regulatory decrees, judgments, and orders relating to the pratection af human heal#h or
the en�ironment, including withaut limifation:
(a) AI1 requirem�nts, inclUding buf nat limited to those pertaining to reporting,
lic�nsing, permiiting, investigation, and remediation c�f Emissions, discharg�s,
re�eases, or threatened releases af hazardous materials, pollutants,
contaminants, ar hazarda�s or toxic substances, materials, or wastes whether
solid, Eiqui�, or gaseous in nature, into the air, surface water, groundwater, starm
water, or land, or relating to fF�e manufacture, processing, distribution, use,
treatmer�t, storage, disposal, transpar#, ar handling of pollutants, contaminants, or
hazardaus or toxic substances, materials, or wastes, whether solid, liquid, ar
gaseous in nature; and
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(b) Ail requirements pertaining to the protec#ion of the healfh and safety of
employees or fhe pu�lic.
Force maieure means decrees nf or restraints by a governmental instrumentafity, acts af
Gad, work stoppages due io labor disputes ar strikes, failure of Fart Warth's
contractor(s} ta perform pursuant to their agreements with Fort Worth for the conduct of
the calfeciion of hnusehold hazardaus waste, fires, explasians, e�idemics, riots, war,
rebellion, and sabotage.
Household hazardous wast� lHHWI means any salid waste generate� ir� � ho�sehald by
a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(9 ), would
be classifi�d as a hazard�us waste under 40 CFR Part 261.
Mar�ifest means the uniform hazardous wasfe manifest form(s) furnished by the TNRCC
tfl accompany shipments of municipal hazardaus waste or Class 'I industrial solid waste
fo� waste transparted to a site in Texas, or the comparable manifest of the receiv9ng
state if the waste is transparted aut af Texas.
Mobile coll�ction evenf ineans a househald hazardous waste collectian event by
Participafing City u#ilizing a mobile colleckion unit.
Fort Worth Mobile collectior� unit {MCUI means a non-self-prap�lled vehicle used far the
periodic callection of hausehold hazardo�s waste by Participating City, off-site of the
ECC, which is transported ta the ECC to dispose of the household hazardous waste
collected at the mob9le collection event. The Fort Warth Mobile Coflection Unit is
des�gned �o hold #he hazardous waste of approximately 5Q to 75 hauseholds.
ParticiQatina Cities, when used in the plural, means For� Worth, Participating City, and all
other entities which ha�� entered into in#erlocal agre�ments with For# W�rth for the ECC
househald hazardous waste copection pragram.
Persan means an individual, corporatian, organization, government, or �overnmental
subdivision or agency, business trust, partnership, association, ar any other legal enti#y.
Waste has the same meaning as "sa[id waste" as fhat term is �efined in Texas Health
and �afety Code §361.D03, and incl�ding hazardous substances.
B. Unless a provision in this Agreement explicitly stat�s otherwise, the fallowing
abbreviatians, as used in this Agreement, st�all have the meanir�gs hereinafter
designaied.
CERCLA - Comprehensive Environmental Respo�se, Compensatian, and Liability Aci.
CPR - cardi�pulmonary resuscitation.
DOT - Unifed States Depa�ment of Transportation.
ECC - En�ironmental Collection Cent�r.
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EPA - United 5tates Environmental Profect3or� Agency.
HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and �mergency respanse.
HM - hazardous materiafs.
HHW - hausehold hazardaus waste.
MCU - Mobile Collection Unit.
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PURPosE
The purpase of this interlacal agreement (f�ereafter "Agreement") is the pro�ision af serrrices by
Fart Worth to Pa�ticipating City whereby, subject to the terms and conditions specified below,
Fort Worth will administer and supervise a regionaf household hazardous waste cafiection
program, which will be available to hauseholds wiihin Participating City.
3.
T�RM
This Agreement shaEl be effective from the date the last pa�ty has signed this agreement
through Sepiember 30, 20D3.
4.
SERVIG�S OF FORT WORTH
For� Warkh agrees to pertorm the follawing services for Partici�ating City in connection with fn�
ECC househald �azardaus waste collection program:
A. Fort Worth w�il adm�nister a regional household hazardaus waste coll�cfion pragram.
This pragram wifi include the operation of the Environmental Collec#ian Center, which
will accept for dispasai andlor recycling household hazardous waste from houseF�alds
located within Par�€cipating City. F'or� Worth shall not accept compressed flammable gas
contain�rs; radioacti�e materials; explosives or potentially shock sensitive materials;
biological, etiobgic, and infectious materials; wastes from businesses; and any other
wastes that Fort Wor�h has d�termined are unacceptable.
B. Fort VIlorth wi[i employ or retain personnel to provide the services necessary to perform
Fark Workh's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with waste disposaVrecyc[ing firm(s) for the
handling, collectian, #ransporiafion, storage, disposal, treatment, recovery, and/or reuse
of housef�old hazardaus waste, which is collected at the ECC.
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D. Fort Worth will, if requesfed in writing by Par��c�pating City, provide Participating City with
copi�s of waste manifests far shipments of wasie from the ECC.
E. Fort Worih wilf, if requested in writing by Participating City, provid� Participating City a
mont�ly report of the Par�icipating City's households who disposed of househflld
hazardous wasfe at the Environmental Collectior� Center or a Mobi[e Collection �vent.
F. For� Worth wifl issue a repo� and a bill at the end of each quarter detailing the number of
Participating City's households that disposed of household hazarctous waste at the
En�ironmental Collecfion Center ar af a mobile collection event.
G. Fort Worth will act under this Agreement in accordance with all app[icable state and
federal laws.
H. Non-Fart Worth Mabi[e Collectian Unit
1. F'ort Warth agrees to accept houseF�ald hazardous waste from i'articipat�ng City's
MCU in accardance with Section 5, of this agreement.
2. Fort Worih agrees to r�stock the items it remaves fram Participafing City's MCU,
hvwever, Fort WortF� shal! o�[y restock items listet� in Exhi�it "A", attached anc�
incarpo�ated herein as if set forth.
Mobile Collection E�ents —�s9na �'ort Wartn's Unit
1. If P�rticipating Ci�y would like ta schedule a mobile coll�ctian event with
the Fort Warth Mobile Collection llnit, Fort Worth will send Participating
City a list of available dates. Parficipating City will cantact Fort Worth as
soon as possible to schedule the date, time and lacation agreeable to
both �ar�ies.
{a} Locatian
lf Participating City chaoses fo hnfd the Mabile Col[ection Euent an
private property, Participating City shall a�tain a signed waiver
from the awner af the property 1 wee�C prior to the event. The
waiver shall be in the form of Exhibit B or similar form approved by
Fart Wort�. The signed waiver must be sent to Fort Worth � week
befare the Mobile Callection Event. 1f #he signed waiver is not sent
to For� Warth i week before fhe Mabile Co�lection �vent, Fort
Wflrth wiil nof send the Fort Worth Mobile Coll�ction [Jnit to the
eWent and Participat'rng City will, in no event, be entiiled to any
damages of recovery af any costs, excep# as pro�ided herein.
(b) Available �ates
Participating City acknowled�es that Fort Wort� contracts with
ather m�nicipalit�es and that Fort Worth will be accommodating
each Participating City's request on a first come first s�rved basis.
Therefore, Pariicipating City acknowledges that its chasen date to
schedule a mobile collect9on e�ent may be reserved by another
City and Participating City r�vill have to choos� another date.
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Participa#ing City will, in no event, be entitled to any damages or
rec�very of any costs, except as pravided herein.
2. At #he Mobile Collection Event, Participating City acknow[edges and agr�es that
�ort Worth shall accept househald hazardous wa5te from the first 50 households
that s�ow proof of residency at #ne Mabile Collection Ev�nt. After the first 50
hauseholds, Fort Warth will determine in its sole discretion how much more
waste it can accept and store properfy. If more hausehalds arrive at the e�ent
than F'ar# Warth can accept, Participating City wi[I in na event be entitiled #o any
damage of recovery of any casts, excepf as provided herein.
3. Due ta the lack of storage space at the �CC, Participating City acknowledges
and agrees that if it reques#s the Fort Worth Mobile Collectian Unit af a mabile
colfection event, a Participating Ci#y's Non-Fort Wor#n Mobi�e Cvllection Unit shall
not also be at the event.
4. City, in its sole discretion, will determine whether ta send the Fort Worth Mobile
Collection Unit to Par#icipaiing City's Collection Event during adverse w�ather or
the threat of ad�erse weather including but not fimited to slee#, snow, rain, mist or
hail, In the event �or� Worth determines not to send the Fort Worth Mobile
Collection Unit, For� Worth shall notify persons listed in Secfion 5, Paragraph A
and shall send a Fort Worth employee to fhe Participating City's event to telf any
residents that come to dispose of household hazardaus waste; �) that t�e Fart
Worth Mobile Collectian Unit will nat �e coming to the event, and, 2) that the
resident can ga to the ECC ta dispose of the waste and provide a map ta the
ECC.
5.
DUT�ES OF PARTICIPATWG CITY
Parficipating Ciky agrees to perform the follawing duties in conneckior� witn the hausehold
hazardous was�e callection program:
A. Pa�ticipating City will designate one afi its employees, and anather as an aliernate, to act
as its household hazardaus waste coliection coardinator to interact with Fart Worth.
Desigrtaked �ersan is; Bi 11 Ridgway telephone number: 817 - 6 85 -18 b 9
Pager number or 24-hour r�umber where he or sne can be reached: 81.7-227-0785
Alternate person is telephone number:
Pager number or 24-ho�r number wheee he or she can �e reached:
B. Participating City will coordinate and fiund a11 program advertising targeted to its own
citizens, as it deerns necessary. Such advertising shall include the type af wastes that
will be accepted at the �CC, fhe requir�ment af proaf of residency and weather
cancellation information.
C. Participating City shalf natify its residents of the ECC ha�rs of operation and dates it is
closed as pravided in Section 9"Tl�e Environmental Collection Cenier Hours of
Operation."
D. Parfiicipat9ng City may choose to utiliz� a voucher system far its residents in order for
them to bring HHW to the ECC. 1f Participating City c�ooses to use such a syst�m, it
shall notify For� Wor�h of the decisian, and shall provide For� Worth witF� a copy of the
officia� vauchar. ]n additian, if a citizer� from a Partici�ating Ci�y that utilizes a voucher
system comes to the �CC or a mabife collection eWent without a voucher, Parkicipating
, City acknowledges and agrees that Fort Vllorth w�ll not accept the hausehold hazardous
waste until ParticEpating City authorizes the acceptance in writing. '
E. Participating City may submit a wri#ten request for a monthEy report listing ihe number af
its city's hausehalds that have disposed af hauseF�old hazardous waste at the ECC ar a
mobile coliection event.
F. Participating City shall provid� traffic can#rol and signage for the mobile collection
e�ents, and shafl pro�ide personnel to assist Fort Wor�h with the survey and� scr�ening .
of persans drapping off household hazardous waste. T�e par�ies prior to the e�ent sha1l
agree upon the details of the traffic cantrol, signage, and personnel assistance.
G. Participatinq Citv's Mo6ile Collec#ion Units Collectinq Household Hazardous Waste
Participating City shall advise the ECC program manager at least 72 hours in
advance of its mobile collection e�ents. Participating City shall col�ect only HHW
during a mobile callection event. Wastes from commercial, agricu�tural, and
industrial saurces shall not �� accepted. Participating City shalf not acce�t
compressed flammable gas coniainers; radioactive materials; expEasives or
potentially st�ock sensitive materiafs; �iofogica[, etialagic, and infectious
materials; and any other wastes that Fa�t Worth has determined are
unaccepfabl�.
2. In accardance with the latest DOT requirements, Participating City's MCU
aperators will properly categorize, package, mark, label, and laad into the MCIJ,
aIl wastes received at the mobile callection event. Recyclable pradu�ts (used ail,
used ail filters, late� paint, recyclable anti-freeze, lead-acid batt�ries, and
ffuarescent lights} wi11 �e segregated into containers for recyclables.
3. After accepting wastes, Parkicipating City's MCU operators shall tharoughly
check eacf� container far proper labefing and id�ntificatian. if a cantainer is
proper�y identified, the material wili be segregate� according to hazard class and
prepared for packaging. If a cantainer does not have adequate labeling to permit
idenfif�catian, tt�e MCU operators shall ihen atfempt #o identify the maierial from
its physical characteristics using HAZCAT anafysis and #rom information prnvided
by the �ousehold presenting the waste.
4. The Participating City's MCU operators shall package a11 hazardous materials in
accardance with United States Department of Transportation {DOT)
re�uirements, United States EnvironmentaE Pratection Agency (EPA}
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requirements, and all other applicable federal and state requirements. After all
the wastes have bee� properly idenfified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on fhe container content st���ts,
and pack them into drums, Oi!-based paints and latex paints shall be bufked
separately in 55-gaflon drums, or if the paint is left in its confainer, the paint can
be packed in a[ined cubic yard box, and packed and labeled according to federal
and state regulati�ns. Participating City shal! not transport wasie that is not HHW
to the ECC. Part9cipaiing City agrees to make i#s own arrangements ta dispose of
any non-HH1N waste coNect�d ai the event.
5, Priar ta transporting the HHW from the coqection �vent site(s), Participating City's
MCU op�rators shafi complete a Bill af Lading, and shall keep the Bill of Lading
in the cab of the truck hauling the MCU during transportation of the HHW to the
ECC. Par#icipating City shall require that a mi�imum of one copy of the latest
North American �mergency Response Gui�ebaok be kept within the cab of the
truck.
6. D�ring trans�ortation, Pariicipating City's MCU operators sna�l placard the MCU
for transportation of hazardous waste in accardance with federal and state law.
7. Upon the return of the M�U to the ECC, Participating City's MCU operators shall
follow the instructions af Fort Worth regarding the placement ot the MCU for
unloading. For� Worfih shall take possession of tf�e MCU from Par�icipating City
af#�r the MCU has been properly parked for unloading in accardance with Fort
Worth's instructions and all required documents have been defi�ered to the ECC
program manager Qr his designee at the ECC. Fort Worth sha[I, within a
reasonable amount of time, unfaad the HHW frorr� the nfln-For� Wor�h MCU an�
store the HHW at the ECC.
8. If Fort Warth, in its sole discretian, determines thai Pariicipating City's MCU
operators improperly packaged any of #he HHW delivered to the ECC, Fort Worth
shall repa�kage such waste, and Participating City shall reimburse Fort Worth as
set forth in S�ction 10., Paragraph B.
9. If a spilf occurs at the ECC while the MCU is stilf in Participating City"s
possession, F'ort Worth shal! take contral af the spill response and ParticipatEng
City will reimburse Fort Worth for its response costs as set far�h in Sectio� 10.,
Paragraph C.
6.
USE OF' WAST� D15POSALIRECYCLING FIRMS FOR HDUSEHOLD HAZARDOUS WASTE
A. Fort Wnrth wif� enter into a contracf{s) with waste disposa�/recycling firm(s) for the
handling, collection, transportation, storage, disposaf, treatment, recovery, and/or reuse
of household hazardaus waste, which is collected at the ECC.
B. 5uch firm{s) shall be required pursuant to the cantract(s) to assume generator sta�us for
the waste collected, (excluding used ail, lead-acid batteries an� antifreeze) to choose a
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disposal site for the waste subject ta �ort Worth's ap�aroval, and to End�mnify �ort Worth
and participating cities against any anci al[ en�iranmentaf damages and the �iolation of
any and all en�ironmental requirements resulfing from the handling, collection,
transportation, storage, disposal, treatment, recavery, andloT recycling of waste coAected
purs�ant to this agr�ement, when said environmental damages or the �iolation of said
environmental requirements was the resulk af any act or amissian af coniractor, its
officers, agents, emp[oye�s, or subcontractors, or the joint act or omission of contractor,
its officers, agents, employees, or subcontraciors and any other pers�n ar entiiy.
C. iH� PAFti1FS ��CO�iUI�� iHA�' A�iHOUGb TH� F1�,N➢ {�) WI�� B� REC3UI���
TO A55lJ�ii� CE�'ER,�iOR SiATIJS, iH15 �►55U1911�TIOF� IdVILL NO�' R��I�V�
PARiICIPATINC C�'TY OF LI��[�IIY �'OR TF;� W�►S�� UN��R 1��DERAL L�,1++!
ARlD 5��4�� �AW. For# Worth wil! arrange for recyc[ing vendors far used oil, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
R�USE �F COLLECTE� •MATERIALS
A. �rom time-to-time Fort Worth will make a�aiiable to residents and businesses af Fort
Warth, as well as, Participating Ci#y and resider�ts and b�sinesses of Participating City
for their use, callected household hazardous waste materials fhat are suitable for reuse,
such as paint, fertifizer, motor oil', and antifreeze. Fort Worih shall not charge for any
maierials that are picked up for reuse.
B. Same materials made available for reuse may nave besn consolidated and �ftered by
For� Worth prior to being made available. Used antifreeze will ha�e beer� consolidat�d in
a barrel, filtered, ancf pH balanced, and new ant9freeze may have been added to fhe
barrel.
C. In regards ta materials accepted by Par�icipating City, �'ORi Ia11�RtH IV�AFC�S NO
R��R���iViATIORIS, WA�R�4�lTI�S OR CUAI�ANTI�S i�iAT:
1. the cantainer contents are what the label indicates;
2. the container cantents are thase ariginally placed info the cor�tainer by the
manufacturer;
3. the product is of the quality intended for its use;
A�. the con#ents of th� container have been stored praper[y;
5. the insfructions on the car�tainer label for use, starage, and first aid are current ar
correct;
6. the coniainer [s in unimpaired condition;
7. the producf is still appro�ed for use (i.e., it has not been banned ar recalled); and
8. the producf can be �tsed without risk to persons, property ar tne environm�nt.
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�IJR�Fi�RlViO��, �4LL WARRAiViI�S, �XPR€SS AN� IiV�PLI��, ,���
5P�CI�ICALLY ��NI��.
D. Participating City shaN canfac# the ECC program manager to arrange a pickup time ta
o�tain materials. Participaking City agrees tnat it shall r�ot return to Fort Worth, direcfly or
indirectly, any materials it obtains from Fort Worth under this paragraph.
E. IN RECARDS i0 ��►7�RIAl�S ACC��i�[� BY PARTfCIPAiING CIYI(,
�ARiIC1P�►TCNC CIiY DO�S HEREBY W�IV� A�� C�AIMS, INC�UUIRlG
PROpUCYS LIA�ILI�Y C�/�l�5, Af�D R�LEASES, AWD HOL[]S H�aRNi��55 I H�
GI�1( O� �'OR� WORTH, AND ALL OF 17S O��ICfI�S, OFFIC�RS, �IV�P�,OYEES,
RC�AI'TS, AND VOLUNT���S, fhd �OiH �'H�IR PUBLIC ARfD PRfV�►i�
CAP�,CIiIES, FRQ111� �NY AND A�� L1,4�Il,ITY, CLA1ii�S, SUIYS, Q�IV�AN�S,
�XP�NS�S OF �IiIGl�TI�Pl, OR C�.11S�S O� AC�14N Vi1�IICH �AY ARiS� BY
R��SBfV O� IWJURY TO P�RSOIdS, �OSS �l� PROP�R`�Y, ��+MA�� i�
PROPERTY, OR i�OSS O� US� O� ANY F'RO�ERTY , OCCASION�� �Y iW�
iRANSPO�ti'ATIOk�, STORAC�, HAiV9�ING, US�, Af�D �15POS�1L �Y
F'ART[CI�ATIIdG CITY OF ANY iwAiFRfALS ACC�P�'�� �Y PART7CIPAiIi�G C[iY
11N�ER �HIS ACR��Ni�Ni �ROM �O�tY WOR�'H.
F. In regards ta materials accepted by residenfs or businesses af Participating Cities,
F�RT WOf�YH IV�AK�S NO RE�R�S�NTAilONS, WA�RAF�iI�S OR CUARANil�S
�'Hp► f :
1. t[�e container cor�tents are what the Iab�l indicates;
2. the container contents are thos� ori�inaily �laced into the container by the
manufacturer;
3. the praduct is of t�e quafity intended for its use;
4. the cont�nts of the container have beer� stored prop�rfy;
5, the instr�c#ians an the cor�tainer labe! for use, storage, and first aid are current or
correct;
6. khe contai�er is in unimpaired condition;
7. the product is still approved for uss {i.e., it has nat been banned or racalled); and
8. the product can be used without risk to persons, peoperty ar the en�ironment.
�UR�H�RMOR�, A�� WI�RFtANTI�S, �X�R��S ►�ND IM��1�9, AR�
SP�CIFIC�LI�Y DE�![ED.
G, Participatir�g City shall attempt to inform its residents and businesses that if they go to
the Environmental Collec�ion Center to pick �p hous�hold hazardo�s wasfe for reuse, a
release of liability must be signed to accept the household hazardous waste for reuse.
`[�]
8.
RIGHT TO REFUSE WASTE
Parficipating City agrees that Fort Worth shall have the right to refuse to accept wasie at the
ECC fram Participating City's resident and ta eject such individual from it�e premises of the
ECC, if in fhe reas�nable judgment of Fart Worth:
A. The waste is nat F�ausehold hazardous waste;
B. Th� waste fails to meet other established criteria establish�d by this Agreemen#, ar that
haWe been esta�lished b� Fort Worth subsequent ta the e�ecutivn of the Agreemerrt;
C. The indi�idual does not nave sufficient identification ta estabiish that F�elshe is in fact a
resident of Participating City;
D. Participating City has implemanted a voucher systern for its residents ta dispase of
waste, and the individual �aes not have a valid voucher; or
E. The waste or the indivEdual presents a hazard to ihe ECC or to persons or praperty at
the ECC.
9.
ENVIRONMENTAL COL�ECTI�N CENTER HOURS AND DAYS
QF OPERATION
A. Hours af Op�ration
During the term af the agreement, the ECCs hours of operation are as follows:
Thursday and Friday 11 :00 a.m. -7:00 p.m.
Saturday 9:04 a.m. -3.00 p.m.
B. Days the Enviranmental Collection Center wilf be closed
During the term of the agreement, the ECC will be clased on the #ollowing days:
Thanksgiving Holiday, November 28 -29, 2002
Christmas Holiday, December 25, 2a02
.lanuary 1, 2003 through January �8, 2a03, for c�eanup and repairs
M�L�.K. Day �ianuary 2D, 2003
Memorial Day, May 26, 2003
Independence Day, J�ly 4, 2003
Labor �ay, September 1, 2003
C. Notifying Residents
Partici�ating City agrees to notify its residents af the ECC's hours of �peration and da�es it will
be cbsed. Parkicipating City may advertise the 24-hour Environmenta[ Collection Center
1 T � l'�t'�'����G�s� �L����a���
�' ���G�"��'��
.� � �
�� ��� . ��,
telephone nurnber to give its residents the Environmental Collection Center's hours. The
number is: (817) 871-5257.
� a.
COMPENSATION
As fair compensation for the services pravided by Fork War#h pursuant ta this agreement:
A. Participating City agrees ta pay �ort Worth the sum o� $ 50.00 per housenold per visit to
the ECC or per household for participation in a Mnbife Collection Event to �ispose of
hausehflld hazardous waste.
B, If Fort Worth determines that Participating City`s MCU operators improperly packaged
any of the HHW deli�ered to the ECC, Fort Wor�h shall repackage such waste, and
Participating City shall reimburse For� WortF� for it staff time at $2a.00 an hour and fhe
cast of supplies.
C. If a spi11 occurs at tF�e ECC whife the Non- Fort Worth MCU is still in Participating City's
possession, Fo�t Worih shall take cdntrol of the spill response a�d Participating City wilE
reimburse Fort Wor�h for its response costs of $60.00 per hour staff time and the cast of
supplies, � �
D. The amount due to Fort Warth fior services provided under ihis Section, Paragraphs A,
B, and C, s�all be billed #o Participating City quarterly. Par�icipating City shall pay Fort
Warth within 30 days of receiving a bill from Fort Warth. lf Fort Workh does not receive
payment within 30 days, �or� Workh s�all inform Parkicipating City in wriiing that if will not
accept any �ousehold hazardous wasie fram Participating City's residents and that Fart
Workh wili not par�icipate in a mobile collectian e�er�t ar pr��ide a mobile collection unit
until paid�
E. At the end af the term of this Agreemer�t, Fort Worth shafl provide a final accounting to
Participating City, which will include the total number af Pariicipating City's households
which participated in ff�e program, repadtaging fees, if any, and the total cost of spill
response cF�arged to Participating City, if any.
F, Pursuant to the requirements of Government C�de §79�.011 (a)(3}, the amou�t due ta
Fort Warth under Subparagraph D. abo�e s�all be paid from revenues currently
availabfe to Par�icipating City in tne present fiscal year.
12
11.
ARTWORK, "GAPTAIN CRUD AND TH� CRUDDlES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fart �lVorth is the owner of "Capfiain Crud" and the Cruddies ("�Ioomer," "Otto," "�esti�y
"'Scrub," and "Van Coa") "Conquer Your Crud,`" and "Crud Cru"rser", and therefore all
awnership rights belong to Fort Worth. Fort Wnrth has registered these marks as serv�ce marks
with the Secretary of State.
A. Fort Wor�h hereby grants to Par�icipating City a non-transferabfe, non-exclusive license
to use a[I the artwork and promotional materials that may be pro�ided by Fort Wor�h ta
L�e used saleEy in the conduct of the business of Participa#ing City's disposal and
recycling of household hazard�us waste pragrams. If Participating Gity wishes to use to
L.icensed Art andlar Pramotional Materials in ather limited situations, Parfici�ating City
must first obtain express written consent from Fort Worth.
B. For� Wartf� may pro�ide licensed Artwork and Promotional Materia[s to Participating City
pursuant to the terms af this Agreement. Participafing City acknowE�dges that by virtue
of this License, Participating Gity acquires only the right io use the ariginal and permitted
duplicate copies of the Licensed ArtworCc and Promotional Materials and does nat
ac�uire any rights of awnership in the Licensed Artwork and Promotional Materials,
which rights shall remain exclusiveEy with F'o�t Wartt�. If Participating City wants to modify
or change the artwork andfor pramotional materials in any manner, Parficipat�ng City
nereby agrees to eontact Fort Worth in writing tn abtain wriften consent befiare modifying
or changing any artwork andlar promo#ional materials�
C. If Participa#ing City desire� an actor ta portray "Captain Crud" for an event, Participating
Ciiy shall use acto�s appro�ed by Fort Worth ta portray "Captain Crud" since "Captain
Crud" is owned by Fart Vllorth. Participatin� City shall be solefy responsible for
comp�nsating actor for th� services provided to Participating City. Participating City will
contact Fort Worth as soan as possible with the date and time of the event agreeable to
both parties to abtain approual for tha chosen actor and to request and pickup the
"Captain Crud" costume for its events. Fo�t Worth will provide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort 11Vorth for any damage to
the cost�m� or if Participating City fails to return ihe entire costume ta Fnrt Workh or if
the costume is not r�t�rned in the same conditi�n as rec�i�ed.
12.
lMMUN1TY
It is expressly understood and agreed that, in tY�e execution of this Agr�ement, none of the
participating cities v+raives, nor shall be hereby deemed ta waive, any immunity or defense that
wauld atherwise be available #a it againsi claims arising in the exercise of governmental powers
and functions, and fhat the services described in this Agreement are a govsrnmenta[ function.
1�
�i��� f#
�3.
FORCE MAJEURE
A aelay ar failure of Fort Worth to perform services pursuant to this Agreement shall be excused
to the extent that the delay or �ailure to perform resulted from a�arce majeure event, and the
delay or failur� was beyond the contTaf af �ort Worth and not due to its fault or negligence.
Participating City shall r�ot have, and f�ereby waives, any claim whatever far any damages
resulting from delays or failure fio perform caused by a farce majeure event.
14.
TERM]NATION
TF�e parties shall each �av� the rigF�t #o terminate #�e Agreement for any reason, with ar without
cause, upon thirty (30) days written r�otice to the 4ther party. Upan termination, the �arties shall
be re�eased from all eontractual abligations to the ofF�er party excluding "USE OF WASTE
DfSPOSAL/RECYCLING F1RMS FOR HOUSEHOLD HAZARDOUS WASTE" {Paragraph 6)
"REUSE OF COE�LECTED MATERIALS" �Paragraph i} and "ARTVIIORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERfALS LICENSE AGREEMENT'
(Paragraph 11 }.
'f 5.
NOTICE
Any notic�s r�quir�d to be given under this Agreement shall be delivered as follows:
If to For# War�h:
Brian Baerner, CHMM, Director
DeparEment of Environmenfal Management
City of Fort Worth
1000 Thrackmorton
Fart Wflrth, Texas 76102
If to Partici�atina Citv:
Bill Ridgway
Ci.ty of �uless
201 N. Ector Drive
�uless, Texas 76039
96.
ENTIRETY
This Agreement contains a!1 commitments and Agreements of the parties heretoP and no other
araf or written commitments shall have any force ar effect if not contained hereirt, except that
this Agreement can be amended or modified by the parties if such amendmenf �r modification is
in writing and signed by Participafing City and F'ort Worth.
14
17.
S�VERABILITY
In the e�ent anyane or more of the provisions contained in this Agreement shall for any reasfln
be held to be invalid, illegal, or unenforceable in any respect, sucht in�alidity, illega[ity, or
unenforceability shall not affect any other provision thereaf and this Agreement st�all be
consirued as if such in�a[id, illegal, or �nenforceable pro�fsions had never been contained
herein.
�8.
V�NUE
5hould any action, reaf ar asserked, at law ar in equity, arise out af ihe terrr�s and conditions of
this Agreement, venue far sa�d action sha�l be in Tarrant Couniy, Texas.
19.
AUTH�RITY
This Agreement is made for �ort Worth and Participating City as an Interlocal Agreement,
p�rsuant to Texas Gr�vernment Code, Chapter 791.
20.
AUTHQR[ZATION
Tne underslgned officers andlor agents af the parties hereto are praperly authorized ofFicials
and hav� tf�e necessary authority to execute this Agreement on bet�alf of the parties hereto, and
each party h�re6y certifies ta tl�� other that any necessary resolutions exiending such aufhoriiy
have been dufy passed and are now in full force and effect.
,
�
, - ,
15 �:,,�
r
�r,,�
• ' , 1��.
EXECIJTED fN TRIPL.ICATE
CITY QF FORT WORTH
sy: ,
� 1
L'�Watson ' % _
Assistant City Mar�ager
Date: ,, ,
��.
APPROVED AS TD FORM
AND I.�GALITY:
����,.
Assistant City Attarney
ATT 5T:
..���"�
loria Pears
City Secreta
�� I����
Contract authorization
���L1�aa.
Date
} • '�
���`i ..
f,. r �
�t `'� . + �� i
. �, � i
(.� �� �Lc.��
J
By:
�
I ,
F'rintecf .a�me:
Title: . �� ^
Date: �
0
• L � 1�1��
a �
APPROVED AS TO FORM
AND LEGA TY:
,
� .
.� f�r . __ �_
City A#torney
ATTEST:
�
iiy Secr�tary
96
Exhibit "A"
����o����� �is� ��� ��� �o�«� c��������� u�r�
14�Yaferial Amovnt Resfocked 5pecial lVeeds Remarks
55 gallan open top Amount taken off the
drums (open top fior trailer
loose pac[cs)
55 gallon drums Amflunt taken off the
(clased tap) (oil, trailer
antifreeze, bt�1k
flammable mate�ials
and one extra) .
Fiber drums (55 or 30
gallnn} Aerosols, Amounf taker� off the
acids, �ases and � trailer
oxidizers)
Gaylord bax liners
(plasfic} Amaunf taken off the
' trail�r �
55 gallon drum liners . �
I� Amount #aken off the
trailer
5 gallon bucket�
(filterslhaz ch�micals) Amount taken off the
trailer
5urvey Forms
Amaunt taken off ihe
trailer �
Labelsldr�m placard
Amount taken ofF the
. trailer
Gaylord boxes
Amount taken off ihe
trailer
Absorbent pads
Am�unt taken off the
trailer
Vermiculite
Amount talcen off the
trailer
�il dry
Amaunt taken of� ihe
trailer
Promotiona� Materials
& Brachures Amount needed
97
�;�. �
Exhibit "B"
WAIVER AND RELEA�E O� LIABILITY F�R COLLECTION OF HO�SEHOLD
HAZARDOUS WASTE
1 being the owner flf property located at
have been asKed by the City of to alfow a mobiie collection
event on my property to collect household hazardous waste on the , 2009,
In consideratian af ,[ he�eby give my permissian ta the C9f�+ of
to hol� a househaf� hazardous waste collectinn event on my
property in which the City of has asked the City of Fort Warth
to send its mobil� collection unit to calleet the household hazardous waste that is brought to the
event.
Therefore, in consideratian of , f i�ereby RELEASE,
D15CHARGE, HOLD HARMLESS, IN�EMNIFY tF�e Ciry of Fort Worth or its afficers, agents,
and emplayees and fhe City of and its officers, agents,
andlor employees for any and al! claims, demands, liability, causes of action, actians or suits of
any character that I may have against the City af Fort Worth or its otficers, agents, andlor
employees and the City of _ or its officers, agents, and/or
employees for any properfiy ioss or damage, far any and all personal injury including death or
any ofher damage of any kind or charac#er which may arises or that arises from aflowing the
City of to hold a household hazardaus waste coliection event, in
which the City af Fort Worth sends its mabile coll�ction unit on my praperty.
I have read this Waiver and Release and fully understand ifs terms and conditions. I have not
been influenced in any �xtent whafsoever by any representation ar statements not contained in
this Agreement. I hereby acknowledge that this Waiver and Release is given in consideratian of
Signature Date
Witness
18
C'ity of Fort �o�th, Texas
��y�� ��� ��r���i� �t�����i�c�ti��
DATE REFEREi�ECE NUMBER LOG NAME PAGE
9/24/02 **�_� 9�5� �2COLLECT � 1 of 2
su���c�r INTERLOCAL AGREEMENTS W1TH VARI�US MUN[CIPALITIES FOR
PARTICIPATI�N AT THE ENVIRONMENTAL COLLECTION CENTER
RECOMMENDATION:
It is recommend�d that the C�ty Council authorize the City Manager #o execute inter{ocal agreements
with �arious municipalities/entities for participation at the Environm�ntal Collection Center.
DISCUSSION:
The City's En�ironmental Callection Center is now in �ts sixth year of operation collecting ho�s�hold
hazardoas waste from the citizens of Fort Worth and surrnund�ng communities an a year round basis.
In orc�er for non-Fark Worth citizens to participate at the Environmental Collection Center, each
municipality is required to enter into an interlacal agreement with the City of For� Worth.
The rate per hausehold far the period covered by these agreements (October 1, 2042 through
September 30, 2003) is $50.0�. The d�creas� in th� rate is due ta receiPt of a grant from �he Narth
Central Texas Cauncil of Governments that will provide $150,OD0 fior disposal costs during FY20a2-
20fl3. It is anticipated that approximately $420,000 wil! be coll�cted under these agreements. .During
FY20D� -2�02 twenty-six area communities signed participation agreements with ti�e City of Fort Worth.
For the upcoming year we expect aEl af those communiti�s to participate and have had interest
expressed by six others. `
This agreemenf outlines the responsibilities of each party, establishes the rate far participation, and
delineates the usage af seruice marked, public educatian materPal. -The Gity of Fort Worth is
responsible for averafl aperation af the Enviranmental Callectian Center including cantracting with a
hazardous waste disposal company for transportation and disposai of ma�erials callected. The
following entities ha�e expressed an int�rest (*} or are expected to commit to participation for the period
4ctober 1, 20Q2 through 5eptember 30, 2003:
Arlington
Be�brook
Cleburn�
Euless
Haltom City
Ker�nedale*
Narth Richland Hills
Roanoke"
Stephen�i�le
Upper Trinity R�gional Water District
White Settlement*
Azle
Burleson
Cofleyvilfe
Grand Prairie
Hurst
Mansfield
Richland Hills
Saginaw
Trophy Club*
Venus
Willow Park*
Bedford
Cedar Hill
Everman*
Grapevine �
Keller
Newark
River �aks
Sauthlake
Un-incarparated Tarrar�t Couniy
Wafauga
C'ity of �o�t �or�th, T'exas
i�l���r �r�d ��r��c�G� ��r��r��ic��i��
DATE REFER�NCE NUMBER LOG NAME F'AGE
9124/D2 **��� 92$� 52COLLECT 2 flf 2
SUBJECT iNTERLOCAL AGREEMENTS WITH VARIOUS MUNIGIPAL{TIES FOR
PARTICIPATION AT THE ENVIRONMENTAL C4LLECTION CENTER
FISCAL INFORMATIDN/CERTIFICATION:
The Finance Director certifies that the En�ironmenta! Management Department will b� responsible for
the callection af funds due uncier these agreements. �
LW:n
Submitied for City Manager's
Office by:
Libby Watson
Originating Department Head:
Brian 13oerner
Additional I�aformation Cr�nfact:
6183
FUND � ACCOUNT I CENTER I AMOUNT
(to)
R'�03 488220 0521100
8079 (from)
CITY SECRETARY
APPROVED 9/24/02
Brian Boerner $f179