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1NTERLOCAI. AGREEMENT FOR PARTIClPAT[�N IN F�RT WORTH'S
ENV�RONMENTAI. COLLECTION CENTER
HOUSENOLD HAZARDOUS WASTE PROGRAM �
THIS AGREEMENT is entered inta by and between the City af For� Worth, Texas, a home-rufe
municipal cor�aration si�uated in Tarrant and Denton Counties, Texas, hereinafter calEed "Fo�t
Wori " actin h r�i by and through Libby Watson, its du�y authorized Assistant City Manager,
and ���,L1 Vi ��� a municipality situafed i� ���} �.a exas,
hereinafter c ed "Parti�ipatir�g�City," acting herein by and through its duly
authorized ��h� , .
WITNESSETH
WHEREAS, Texas Government Cade, Chapter 79�, authorizes the formulation af inferlocal
cooperation agreemer�ts between and among local gavernm�nts; and
WHEREAS, Texas Government Code, §799.071 provides that a local go�emment may contract
with ar�other to perForm gov�rnmental functions and services, and §791.Da3(3)(H) de#ines waste
disposal as a gavernmental functian ancf service; a�d
WHEREAS, Texas Government Code, §791.025 pra�ides that a local government may agree
with another local government ta purchase services, and
WHEREAS, Fort Warth and Participating City desire to enter intn an interlocal agreement
w�ereby For� Worth will purchase the services af a wast� disposallrecyciing firm or firms and
will admir�ister a householcf hazardous waste collection program; and
WHEREAS, �ort Worth and Participating City mutually d�sire to be s�bject ta the provisions ofi
Texas Gavernmenf C�de, Chapfer 791, alsa known as the Interlocal Gooperation Act.
NOW THERE�ORE, it �s agreed as faflaws:
1.
DE�'INITIONS
A. Unless a pravision in #his Agreement explicitly staies otherwise, the fallowing terms and
phrases, as used in this Agreemeni, shafl ha�e tf�e meanings herein�fter designated.
Act of God mear�s an act occasianed �y the direct, immetiiate, and exclusi�e operation
of the forces of nature, uncontrolled or uninflu�nc�d by the power af humans and without
human interven#ion. .
Bifl of �adinq [ists the contents of the mobife collection unif.
Environmerttal Cflllection Center IECCI means the City of Fart Wor�h Depar�ment of
Environmental Management �acility located at 6400 Bri�ge Sfreet, Fort Worth, Texas,
which is to be used by F'art Wort� #ar the aggregation of haus�hafd hazardo�s wastes
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that �ave been brought to the facility by par�ici�ating cities' households for subsequent
recycling, dispasal, andlor reuse.
Environmental damaaes means all claims, judgments, damages, losses, penafties, fines,
liabiiities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such ciaim is ultimately defeated,
and of any good faith settlement or judgment, af whatever kind or nature, conting�nt or
otherwise, matured or unmatured, fareseeab�e or unforeseeable, including without
limitation reasar�abl� aftorney's fees and disbursements and cansultant's fees, any of
wi�ich are incurred subsequent to the execution of this Agreement as a result of the
handling, collec#ion, transportation, storage, disposal, treatment, recovery, andlor reuse
af waste pursuant to this Agreement, or the existence of a violation of enviranmenta�
requirements pertaining to same, and including without limitation:
{a) Damages far personal injury and death, or inj�ry to proper�y or natural resources,
{b) Fees �ncurred for the services of attarneys, consulfants, confractors, experts,
la6aratories and all other costs incurred in connection with the investigafion ar
remediation of such wastes ar violation of environmental requirements including,
but not limited to, the preparation of any feasibility studi�s or r�ports ar tF�e
perFormance of any cleanup, remediatian, removal, respanse, abatement,
cantainment, clasure, restaration ar monitoring work required by any federal,
state or loca! governmental agency or poiifical subdivision, ar otherwise
expended 'tn connection with the existence of such wastes or vialations of
en�iranmental requirements, and including with�ut limitatican any attomey's fees,
costs and expenses incurred in enforcing this Agreement or coflecting any sums
due hereunder; and
(c) [.iability to any third persan or governmental agency ta indemnify such person or
agency for casts expended in connection with the items referenced in
subparagraph (b) herein.
Er�vironmenta! reauiremants means all applicabfe present and future statutes,
reg�lations, rules, ardinances, eodes, licenses, permits, orders, approvals, plans,
authorizatians, concessions, franchises, and similar items, of all governmental agencies,
departments, commissions, boards, �ureaus, or instrumentalities of the United States,
sfates, and political subdi�isions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating ta the prot�ction of human health ar
the enviranment, including withoui limitation:
(a) AII requirements, including but not limited to those pertaining to repo�ing,
licensing, p�rmitfing, investigation, and remediation c�f Emissions, discharg�s,
releases, or threatenad reEeases of hazardous materials, pollufants,
contaminants, or hazardous or toxic substances, materials, ar wastes whether
solid, Iiqui�, or gaseous in nature, into the air, surface water, groundwafer, storm
wat�r, or land, or relating to the man�facture, processing, distributian, use,
treatment, storage, disposal, transport, or handling of pol[utanis, contaminants, or
hazardous or toxic substances, materia�s, or wastes, whether solEd, liquid, or
gaseous in nature; and
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(b) All req�irements pertaining to the pratection of the health and safety of
employees or the public.
Force maie�tre means decrees af or restraints by a governmental instrum�ntality, acts of
God, work stoppages due to fabor dispufies or strilces, fail�re nf Fort Worth's
contractor(s) to perform pursuant to their agreements with ��rt Wor�h for the cand�act of
the collection af househa[d hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sa�otage.
Hausehold hazardous waste (HHW� means any salid waste generated in a household by
a consumer which, except fior ti�� excfusion pravided for in 40 CFR § 261.4{b)(1), would
be elassified as a hazardaus waste under 40 CFR Park 261.
Manifest means the uniform hazardous waste manifesi form(s) furnished by the TNRCC
to accampany shipments of municipa! hazardous waste ar Class 1 industrial solid waste
for waste transported fo a site in Texas, or the comparable man�fest ofi the receiving
state if the waste is transpc�rted ouf af Texas.
Mabiie collection event means a household E�azardous waste collection e�ent by
Participating City utilizing a mobile callection uni#.
Fort Worth MobiEe callection unit (MCUI means a non-s�lf-propelled vehicle used #or the
periodic co[lection of houseF�old hazardoUs waste by Participating Ciiy, off-site af the
ECC, which is transported to the ECC to dispose af tt�� housef�ald hazardous waste
collected at the mobile collection event. The �ort Worth Mobile Collection Unit is
designed fa hold the hazardous waste of approximately 5D to 75 housef�olds.
Particinatina Cities, when used in the plurai, means Fort Wort�, Partici�ating City, and all
other entities whici� have entered into ir�terlocal agreernents wiih Fart Wortt� for tf�e ECC
t�ousehaid hazardous wast� collection program.
Persan means an individual, corporatiQn, organization, gov�rnment, or governmental
subdivision or agency, business trust, partnership, association, or any ather legal entity.
Wasta has the same meaning as "solid waste" as ihat term is defined in Texas Health
and Safety Code §361.DD3, and including hazardous substances.
B. Unless a provisian fn this Agreement explicitly states otherwise, the follawing
abbreviatians, as �sed in this Agr�ement, shail ha�e the meanings �ereinafter
designated.
CERCL.A - Comprehensive Environmentaf Response, Compensation, and Liability Act.
CPR - cardiopulmanary resuscitation.
DOT - United States �epartment of Transportation.
ECC - Environmental Collection Cen#�r.
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EPA - Unifed States Environmental Protection Agency.
HAZCAT - hazardous categorization.
HAZWOP�R - Y�azaTdous waste ��erations and emergency response.
HM - �azardous materials,
HHW - househofd hazardous waste.
MCU - Mobiie Ca[iection Unit.
2.
PURf'OSE
The purpose of this interlocal agr��ment (hereafier "Agreernent") is fh� provisiort af serv�ces by
Fart Worth io Participating City whereby, subject to the ierms and canditians specified below,
Fart Wo�th wiEi adminis#er and supervise a regianal household hazardous waste collection
program, which will b� available #a households within Participating City.
3.
TERM
This Agreern�nt shalf be effectfve from the date the last party has signed this agreement
thraugh September 30, 2003,
4.
S�RV[CES O� F'ORT WORTH
Fort Worth agrees to perform the following services for Participating City in connection witn #�e
ECC housenold hazardays waste collec#ion program:
A. Fort Warth wifi administer a regionai house�ald hazardous waste collecti�n program.
This pragram will include the operation of the Environmental Colfection Center, which
will accept for disposal andlor recycling hausehold hazardous waste from households
located within Participating City. Fort Worth shall not accept compr�ssed flammable gas
coRtainers; radioactive materials; explosives or potentially shock sensitive materials;
biolagical, etiologic, and infectious materials; wastes from businesses; and any ather
wastes that Fort Wortl� has determined are unacceptable.
B. For� Wor�h wilf emplay or retain persar�nel to pro�ide the services necessary tn perform
Fart Worth's obligations in this Agreement.
C. For� Worth will enter into a contract(s) with waste disposallrecyciing firm(s} for #he
handling, colfection, transportatian, storage, dispasal, treatment, reco�ery, andlor reuse
of household hazardous waste, which is collected at the ECC.
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D. Fort Worth will, if requested in writing by Participating City, pro�ide Participating City with
cnpies of waste manifests fior shipments of waste frorn the ECC.
E, Fart Worth will, if requested in writing by Participating City, pravide Parfic3pating City a
monthly repart of the Participating City's househo[ds who d�sposed of household
hazardous waste at ihe Environmentai Collection Center or a Mobile Collection Event.
F. Fort Workh wil[ �ssue a repor� and a bill af the end of each quarter detailing the number af
Participa#ing City's households that disposed ofi household hazardous waste at the
EnvironmentaE Collection Center or at a mobile collection event.
G. Far� Worth will act under this Agre�ment in accordance witf� all app[ica�le s�ate and
federal laws.
H. Non-Fort Worth Mobile CollectEon Uni#
1. Fort Warth agrees fo accept household hazardous waste from Participating City's
MCU in accordance with Section 5, of this agreement.
2. Fort Worth agrees to restock the items it remaves from Participating City's MCU,
however, Fort Wor�h sF�all onEy restocic items listed in Exhibit "A"', attached and
incorpflrated herein as if set forth.
I. Mobile Collection �vents —Usir�q Fort Wortn's Unit
ff Participating Ciky wauld like to schedule a mobil� collection event with
#i�e For� Warth Mobile Colleciion Unit, FarE Warth will send Participating
City a list of available dates. Participating City will contact Fort Warth as
soon as possible to sch�dufe the date, time and locatio� agreeable to
both parties.
(a) Lacatian
If Participating City chooses to hold the Mo6ife Collectior� Event on
privaie property, Participatir�g City shall obtain a signed waiver
from ihe owner of the praperty 9 weeEc prior tc� the event. The
waiver shall be in the form af Exhibit B ar similar form approv�d by
For� Worth. The sig�ed wai�er mus� be sent to �ort Worth 1 week
befare tne Moaile Callectior� Event. If the signed waiver is not sent
to For� Wnrth 1 week �efore the Mobile Collectian � Event, Fort
Worth will nat send the Fort WortY� Mobile Col�ection Unit to the
event and Parkicipating City vWil�, in na event, be entitled to any
damages af recovery af any eosts, except as provided herein.
(b} A�ailable Dates
Participating City acknowledges that Fort Worth contracts with
other municipalities and that Fart Worth will be accommodating
each Participating City's request on a first come first s�rved basis.
Therefore, Participating City acknawledges that its chosen date ta
schedule a mobile collection event may be reserved by anather
City and Participating City will ha�e to choose another date.
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Participafing City will, in no e�ent, b� entitled to any damages or
recovery of any costs, except as pro�ided herein.
2. At the Mobile Ca�lection Event, Participating City acknowledges and agrees that
Fort Warth shall accept household hazardo�s wasfie from the first 50 households
that show proof of residency at the Mobile Collection E�ent. After the first 60
households, �ort Wor�h will determine in its sole d�scratior� f�aw much more
waste it can acce�t and store �roperly, ]f more househofds arrive at the event
than Fort Warth can accept, Participating Gity wi[l in no event be entitled to any
dama�e of recovery of any costs, except as provided h�r�in.
3. Due to the lack of s#araga space at the ECC, Pa�icipating Cify acknowledges
and agrees tt�at if it requests fhe For� WortY� Mobile Ca[lection Unit at a mobile
collecfion e�ent, a Participating City's Non-�ori Worth Mobile Collectio� llni# shal�
not also be at the ev�nt.
�4. City, in its sole discretion, wi�l determine whether fo send the Fort Worth Mabil�
Collection EJnit to Participating City's Collection Event during adverse weather or
the threat of adverse weather including but not limited to sleef, snow, rain, mist or
hail. In the event Fort Wo�th determines not to send the �ort Worth Mobile
Collection Unit, �'ar� Worth shalf natify persons listed in Secfion 5, Paragraph A
and shall send a�ort Wart� emplayee ta the Participating City's event ta telf any
residents that come to dispose af household hazardous +n►aste; 1} that t�e Fart
Worth Mobile Cofleciion Unit will not be coming tio the event, and, 2) that the
resident can go tn the ECC ta dispose of the waste and pravide a map to the
ECC.
5.
DUTfES OF PARTICIPATING CITY
Participafing City agrees ta perform the fo�lowing duties in cannectian with the houseF�nld
hazardaus waste collection program:
A. Participating City wilf designate one of iis emplaye�s, and another as an alternafie, ta act
as its household hazardous waste colf�ction coordinator to inferact with Fort Warth.
Designated ��rson i���j'I�� UI�1�,It�C�t� telephone number: � 7, y�7�, i; ��
�ag�r number �r 24-hour numberwhere he or she can be reached: �
Alternate persan is ��1�1-P telephor�e number: ,��, .l`7�� 7, ��7�
Pager number or 24-haur number where he or he can be reached: ?�) 7. ���'. i c�ta
B. Part9cipating City will caordinate and fund all program advertising targeted to iis nwn
citizens, as it deems necessary, Such ad�ertising shall include the type of wastes that
will be accepted at the ECC, the requiremen# of proof of res�dency and weather
cancellation information.
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C. Pa�ticipating City shall notify its residents of the ECC hours of operation and dates if is
closed as pr�vided in Section 9"The Environmental Collection C�nter Hours of
Operat[on."
D. Participating Ciky may choose to utilize a �oucher system for its residents in order for
them to bring HHW to the ECC. It Participating City chooses ta use suci� a system, it
shafl notify Fart Warth of the decision, and shall prov�ide Fort Worth with a copy of the
official voucher. In ad�itian, if a citizen from a Participating City ii�at utilizes a voucher
system comes ta the ECC or a mobil� collection event wi#hout a voucher, Par�icipating
City acknowledges and agrees that Fort Worth w�ll not accept the household hazardous
waste unfil Participating City autharizes the acceptance in writing.
E. Participating City may submit a written request for a monthly report listing the'num#�er af
its city's househaEds that have disposed af househald hazardous waste at the ECG ��r a
mohile callection event.
F. Participating City shall provide traffic contro! and signage for the mobile collection
events, and shall provide personnel ta assist For� Worth wiih the survey and� screening
of persons dropping ofF household hazardous waste. The parties prior to the eveni shall
agrea upon the defails of the tra�fic control, signag�, and personnel assistance.
G. Participatina Citv's Mobife Collection Units Collectina Hous�hold Hazardous Was#e
1. Participating City shall a�vise the ECC program manager at least 72 ha�rs �n
advance of its mobile collection e�ents. Par�icipating City sF�all callect onfy HHW
durir�g a mobile collection event. Wastes from commercial, agricultural, and
industrial saurces shall not b� accepted. f'articipating City snall not accept
compressed flammable gas containers; radioacti�e materials; explflsives or
potentially shack sensitive materials, biolagical, etiologic, and infectiaus
materials; and any otYter wastes that �art WarEh has determined are
unaccepta�le.
2. In accordance with the latest DOT requirements, Par�icipating City's MCU
operatars will properly categarize, package, mark, labei, and load into the MCU,
all wastes received at the mobile collection event. Recyclabi� products {used oil,
used oif filters, latex paint, recyclab�� anki-freeze, lead-acid batteries�, and
fluorescent lights} will be segregated into containers for recyclables.
3. After accep#ing wastes, Participating City's MCU op�rators shall thorough[y
check each container far proper labeling and identification. If a container is
proper�y identified, the material will be segregated according to hazard cfass and
prepared far packaging. If a container does not f�ave adequate labeling to permit
identification, the MCU opera#ars shall then attempt to identify the materiaf from
its �hysical characteristics using HAZCAT analysis and from information provided
by t�e househofd presenting the waste. �
4. The Participati�g City's MCU operators shali package all hazardous materials in
accordance with United States Deparkment of Transportation (DOT)
requirem�nts, Uniied States Environmental Protection Agency (EPA}
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requirements, and all ather appficable fedaral and staie req�irements. After all
the wastes F�a�e been properly identified and segregated, the MCU operatars will
reexamine the wastes for compatibility, list tnem on the cantainer cantent s��ets,
and pack them into drums. Oil-based pair�ts and latex paints shall b� bulked
separaie�y in 55-gallan drums, or if the paint is lefit in its cantainer, the paint can
be packed in a lined cubic yard box, and pacKed and labeled according to federal
and state regulations, Parfiicipat9ng CEty shall not transpart waste that is not HHW
ta the ECC. Participating City agrees to make its own arrangem�nts to dispose of
any non-HHW waste call�cted at the event.
5. Prior to transparting the HHW �'rom ihe collectian e�er�t site(s}, Participating City's
MCIJ operators shal� comple#e a Bi11 of Lading, and shafi keep the Bill of Lading
in the cab of the tr�ck haufing the MCU during #ransportatior� of the HHW to #he
ECC. Participating City shall require that a minimum of one capy of the latest
Narth American Emerg�ncy Response Gurdebaok be kept within the cab of the
truck.
5. D�ring transportatian, Participating City's MCU operators shall placard the MCU
for transportafion of hazardous waste in accvrdance with federal and state ]aw.
7. Upon tF�e return of the MCU to t�e ECC, Participating City's MCU operators shall
fallow tf�e instructions of Fart Wo�th regarding the piacement of the MCU tor
unloading. Far� Worth shal� take passession of the MCU from Participating City
after the MCIJ F�as been properly parked for unlaading in accordance with Fort
Worth's instructions and ali required documents have been deli�ered ta the �CC
program manager or his desig�ee at the ECC. Fort Worth shall, within a
reasanable amount of ti�ne, unfoad the HHW from the non-Fort Warth MCU and
stare the HHW at the ECC.
S. If Fart Warth, in its sole discretion, d�termines that Participating City's MCU
operators improperly packaged any of the HHW deliuered to the ECC, Fort Worth
shall repackage such waste, and Participating City shafl reimburse Fort Worth as
set forth in Section 10., Paragraph B.
9. If a spill occurs at the ECC whi(e fhe MCU is still in Participating City's
pnssession, F'ort Worth shall take control of the spilf respnnse and Participating
City will reimburse Fort Worth for its response costs as set farth in Sectipn 10.,
F'aragraph C.
6.
US� OF WASTE DISPOSALIRECYCLING �IRMS FOR HOUS�HOLD HAZARDOUS WAST�
A. Fort Worth will enter into a contract�s) with waste dispasallrecycling firm�s) for the
handiing, co�lection, transportation, storage, dispasal, treatment, reeovery, andlor reuse
af f�ausehold hazardous waste, which is collected at the EGC.
B. Such firm(s) shalE be required pursuant to the cflntract(s) to assume generator status fdr
the waste collected, (excluding used oil, lead-acid batkeries and antifreeze) to choose a
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dispasal site tor the waske subject to Fort Wor�h's approval, and to indemnify Fort Warth
and particlpating cities against any and all enviranmental damages and the vialation of
any and a�l environmental requirements resulting from the handling, coflection,
transportation, storage, disposal, treatment, recavery, anr�lor recycling of waste collected
pursuant to this agreement, when said environmenfal damages ar the vio{ation ofi said
enviranmental requirements was t�e resufi of any act or omission of cantractor, its
officers, agen�s, employees, or su�contractors, or the �oint act or omission af contractor,
its officers, agents, employees, or subcontractors and any otner p�rson or entity.
C. �'bE P�Ril�S R�COGNIZE YHAi A�iW�UGH TH� �IRIVC (S) WILL �E R��UIR��
i0 A�SU�Ii� C�N��TOR S7A�US, �H15 ASSUM�i[ON WILL� iVOT RELI�V�
PAFtYICIPA�INC CITY O� L��l�liY �OR �'Fi� W►�ST� Uf���� ����RA� l��41�1
APlD STAi� LAW. Fork Worth will arrange fiar recycling vendors for used oil, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
R�USE OF COLLECTED MATERIALS
A. Fram time-to-time Fort Warih will make a�aila�le to residents and busin�sses of Fvr�
Worth, as well as, Participating City and residents and business�s of Participating City
fQr their use, callected hausehold hazardous waste materials that ar� suitable f�r reuse,
sucf� as �aini, fertilizer, motor oil, and antifreeze. Fort Worth shalf not c�arge for any
materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filt�red by
Fort Worth prior to being made available. Used antifreeze will have been consolidated in
a barrel, filtered, and pH bafanced, and new antifreeze may have been added ta the
�arrel.
C. In regards to materials accept�d by Par�icipating Cify, �ORT WORiH ii�AK�S NO
R��f����NiATEOW5, WARRAiViI�S OR C�UARANi1�S iH�.i:
1, the container contents are what the label indicates;
2. the container corttents are those originally placed into the container by th�
manufacturer;
3, the product is of th� quality i�tended for its use;
4. the contents of the container ha�e been stored properly;
5. the instructions on the container labe! for use, starage, and first aid are current or
correct;
6. the container is in unimpaired condition;
7, the pr�duct is still appfoved for use (i.e., it has not been banned or recall�d); and
8. the product can be used without risk to persons, property or the environment.
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�'U�YH�Rf�OR�, A�� 1dVARR�4,h�TI�S, ��C�R�SS A►N� IIVIP�I�D, AR�
S��CI�IC�►��Y ��hfl�D.
D. Pariicipating City shal[ eontact tf�e ECC program manager to arrang� a picku� time to
obiain materfals. Participati�g City agre�s that it shall nat retur� to �ort Warth, directly or
indirec#ly, ar�y materials it n6tains from Fort Worth undsr this paragraph.
E. It� REGr4RD5 T'O MA��RIA�.S ACC�Pi�D BY �ARTIGI�AiINC C1'I"Y,
�A��ICI�AiING CIiY DOES HER��Y 'Ii1dl��V� A�L CLA[M5, INGLUDIiVC
PRO�lUCiS LIA�ILITY CLAIIVIS, AN� R��,��4,SES, AIV� HOL�S HARfVfb�SS i�l�
CIiY �� �ORi 1dVORiH, P►P�9 ALL OF IY5 O��ICIA�S, O��lC�RS, F1V�PLOY��S,
A(3�Fd�5, AN� V�LUfdi�l�RS, Ild �O�H �'H�[R PU�I�IC APlD PRIVA��
CA�ACITIES, FROIVI ANY API� ALL, LIA�ILITY, CLr41MS, 5U1��, ���'�Pl�S,
�XP�NS�S OF LIYIGAiI�N, OR Cp►US�S O�' AC�'18N W�11Cb 1Vi�4Y ARIS� �Y
REASOR! �k� I[dJU�Y �O P�12SONS, I�OSS O� �FtD��R"TY, DAi1�AeG� T�
PR�pG�iY, �R �BSS O� [JSE O� ANY 4�RU�E�tiY , OCCA�ION�D BY �H�
iRANSPORYt4fIOP�, S�'ORA,GI�, HAF��LING, US�, AND DISPOSAL �Y
F��►RiIC[F'AT1N� C1TY O� ANY MAT�RIA�S ACC�PT'E�] �Y �AR[IGIF�A�CN� CIiY
UND�R YHIS ACR��IV��f�T F'ROiVi k�O�t�' lNOR�'H.
F, In regards to materiais accepted by residents ar businesses af Partfci�ating Cities,
I�ORi 1lVORYH iViAK�S N� R�PR�S�Ni/� f EONS, I�VARR�►idilE5 OR GUARANYI�S
7 HAT:
1. the cantair�er contents are what t�e label indicates;
2. the container contents are those originalfy p�aced into the container by the
manufacturer;
3. the product is of ihe quafity intended for its use;
4. th� cantenfs of tf�e cantainer have been stared properly;
5. the instructio�s on the container Iabel for use, storage, and first aid are cur�ent or
correcF;
6. the container is in unimpaired candition;
7, the product is still approved for use (i.e., it has nof been �anned ar recalled}; and
S, fhe product can be used withou# risk to persons, property or the environment.
�llRTFfERfV�ORE, AL� WA�R�ARlT1ES, EXP��SS �►N� I�iiF'�I�l�, AR�
SPECIFICALLY DEPI���.
G. Participating City shall a#tempt ta infarm its residents and businesses that if th�y go to
the En�ironmental Coflectian Center to pi�k u� Mousehold hazardous waste for reuse, a
release of liability must be signed to acce�4 th� houseF�ald hazardous waste for reuse.
�a
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort 11V�rti� shal! ha�e the right to refuse to accept waste at the
ECC from Parficipating City's resident and to eject such individual from tY�e premises of tf�e
ECC, if in the reasanable judgment af �ork Wo�ih:
A. The waste is not hausehold hazardous waste;
B. Ths waste fails ta meet other established criteria establist�ed by t�is Agreement, or thaf
have been established by Fort Worth subsequent to the execution of the Agreement;
C. The indi�idual does not have s�fficient identification to establish that helshe is in fact a
� resident of Participating City,
D. Participating City has implernented a �oucher system for its residents ta dispose o�
waste, and #he indi�idual daes not have a valid voucher; or
E. The waste or the individuaf presents a hazard to the ECC or to persons or property at
the ECC.
9.
ENVIRONMENTAL COLLECTlON CENTER H�URS AND DAYS
, �F OPERATION
A. Hours ofi Operation
During the ferm of the agreernent, the ECC's hours of opera#ion are as faflows:
Thursday and Friday 1 T:00 a.m. -7:00 �.m.
Saturday 9:00 a.m. -3:Od �.m,
B. Days the Environmental Collec#ion Center wil! be closed
During the term of the agreement, the �CC will be clasec� on the fo�lowing clays:
Thanksgiving Holiday, November 28 -29, 2002
Chrisimas Holiday, December 25, 2002
January 1, 2003 thraugh January O8, 2003, for cleanup and repairs
M.L.K. �ay January 20, 2a03
Memorial Day, May 2�, 2003
Independence Day, July 4, 2�03
Labor Day, September 1, 2003
C. Natifying Residents
Participating City agrees to notify its residents of th� ECC's hours of operation and dates it wip
be cEosed, Participating City may adver�ise the 24-hour Environmental Callectian Center
1 fi � � �`4 � ''' ° � v ,�'�r��
I �14����''��:� V��� �,. ,
� �f'^-.� rra�^Y. � �f, r�; �,�
,..
S�s�
telephone number to give its residents the Environmental CoElection Center's f�aurs. The
number is: (817) 871-5257.
10.
COMPENSATION
As fair compensation� for the services provided by Fort Worth pursuant to this agreement:
A. Participating City agrees to pay Fort Worth the s�tm of $ 54.00 per household per visit to
the ECC or per household for part�cipation in a Mobile Collection Event to dispose of
household f�azardous waste.
B. If Fori Worth determines that Participating City's MCU operators improperly packaged
any of the HHVII delivered to the EGG, Fort Worth shall repackage such waste, and
Participating City shall reimburse Fort Worth for it staff iime at $20.�0 an hour and the
cost of supplies.
G. If a spill accurs ai #i�e ECC while the Nan- Fort Warth MCU is still in Participating City's
poss�ssion, Fort Worth shall take contra[ of the spill respo�se and Participating City will
reimburse Fort Worth for its response costs of $60.00 per hour �taff time and the cost of
supplies.
D. The amourtt due to �ort Worth for services provided under this Section, Paragraphs A,
B, and C, shall b� billed to Participating City quarterly. Participating City sha[I pay Fort
Worth within 30 days of receiving a bill from �ort Worth. If Fort Wo�th does not receive
payment within 30 days, Fort Worth shall inform Participating City in writing that i# will not
acc�pt any house�old nazardous waste fram Participat3ng CRty's residents and that Fo�t
Warth will nat participate in a mobile collectian ever�t ar �rovide a mobiie collection unit
unt[1 paid.
�. At the end af t�e term of this Agreement, Fort Wor�h shalf pravide a final accounting to
Par�icipating City, which will inciude fhe tatal number of Participating City's households
which participated in the pragram, repackaging fees, if any, and the total cost af spi11
response charged to Participating City, if any.
F. Pursuant to the requirements of Ga�ernment Cade �791
Fori Worth under Subparagraph D. above shall b�
available to Participating City in the present fiscal year.
.011 {a)(3), the ama��t due ta
paid from re�enues currer�t[y
12
11.
ARTWORK, "CAPTAfN CRUD AND THE CRUD�IES," AND PROMOTIONAI. MATERIALS
LICENSE AGREEM�NT
Fort Worth is fhe owner of "Cap4ai� Crud" and the Cruddies ("�loomer," "OYto," "Pes�ie,
"Scrub," and "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore all
ownership rights belong to Fort Warth. Fort Worth has registered these marks as service mar�Cs
with the Secretary of Siafie.
A. Fort Worth hereby grants to Par�icipating City a non-transferable, non-exclusive license
to use all the artwark and promntional ma#erfals that may be pro�ided by FQrt Worth to
be us�d solely in the cflnduct of the business of Participating City's disposal and
recycling of hausehold hazardous wasfe programs. lf Participating City wishes to use to
Licensed Art andlor Pramotional Materials in other limited situations, Participatin� City
must first otatain express written consent #rom Fart Worth.
B. Fort Warth may provide licensed Artwork and Promotianal Materia[s to Participating City
pursuant to the terms flf this Agreement. Participating City acknowledges that by virtue
of this License, Participatmg Ciiy acquires only the righ# to use the original and permiited
duplicate copies af the �icensed ArtwarK and PromotionaE Materials and daes not
acquire any rights of ownership in the Licensed Artwor[c and Promatianaf Materials,
which rights si�all remain exclusi�ely witF� Fort Worth. If Participating City wants to modify
�r cf�ar�ge the artwork andlor promotional materials in any manner, Participating City
hereby agrees to contact Fort Worth in writing to obtain writt�n consent before modifying
or changing ar�y artwork andlor pramotianal materials.
C. If Participaiing City desires an actor to portray "'Captain Crud" for an event, Participating
Ciiy shalf us� actors approved by Fark Warth to portray "Captain Crud" since "Captain
Crud" is owned by Fart Worth. Participating City shall �e salely responsible for
compensating actar for th� services provided io Parkicipating City. Participating City wi11
contact Fort Worth as soon as possii�[e with the date and time of the event agreeable #o
both parties to obtain appro�al for the chQsen actar and to reques# a�d pick�p the
"Captain Crud" costume for its events. Fort Worth will provide the '"Capfain Crud"
costume. Howe�er, Participa#ing City agrees to be 19ab[e ta Fort Wartn fior any damage to
the cos#ume or if Participating City fails t� return the entire costume to �ort Worth or if
the costume is not return�d in the same condition as rec�ived.
12.
IMMUNITY
It is ex�ressly understood and agreed that, in the ex�cution of this Agreement, none of the
participating cities waives, nor sha[I be hereby deemed io waive, any immunity or defense ihat
woufd atherwise be a�aifable to it against cla�ms arisir�g in the exercise of governmental powers
an� functions, and that the services descri6ed in this Agreement are a governmer�ial function.
13
` : , � .�s�
� ���
� �. � �.
'i 3.
F'ORC� MAJEURE
A delay or failure of For� Worth to perForm services pursuant to this Agreement shall be excused
to ihe extent that the delay or failure to perForm resulted fram a forca majeure event, and the
defay or failure was beyond the control o� Fart Wor�h and not due to its fault or negligenee.
Participating City s�all not have, and hereby waives, any claim whatever for any damages
resulting fram deEays or failure to perfarm caused by a foree majeure event.
14.
TERM�NATI�N
The parties shaEl each have the right to terminate the Agreement for any reason, with or witi�out
cause, upon thiriy (30} days written notice ta tl�e other party. Upan termination, the parties sha[I
be released from all contractual obligations to the other party excluding "l1SE OF WASTE
DISP�SA�.IRECYCLING FfRMS F'OR HOUSEHOL� HAZARD�US WASTE" {paragra�h 6)
"REUSE OF COLLECTED MAT�RIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROM�TIONAL MATERIALS LICENSE AGREEMENT'
(Paragrapt� �1).
15.
NOTIC�
Any notices req�ired ta be gi�en under this Agreement shall be delivered as follaws:
If ta Fark Wor�F�:
Brian Boerner, CHMM, Direcfor
De�artment af En�ironmer�tal Ma�agement
City of Fart Worth
1000 Throckmor�on
Fort VVarth, Tex�s 76'f 02
If to Participatina Ci�v,
' � ��-c_ 1 1�1 ,�a �. r�
, .�
� ��
�I I.� A�v, Il�e . TJ( "] r n� �-I
16.
ENT[RETY
This Agreement contains all commitmenis and Agreements of the �arties hereto, and no other
oral or written cammitments shall have any force or effect if not cantained herein, except that
this Agreement can be amended ar madified by the parties if such amendment or modification is
in writing and signed by Participa#ing City and F'or# Worth.
14
17.
SEVERABILITY
In the event anyane or more of th� provisians contained in this Agreement shall for any reason
be held to be invalid, i1��ga[, or unenforceable in any respeci, such invalidity, illegality, ar
unenfiorceab�lity shall not affect any other provision thereof and this Agreement shall �e
construed as if such in�alid, illegal, or unenforceable pravisions had never been co�tained
herein. .
18.
vENUE
Shauld any act�on, real or asserted, at !aw ar in e�uity, arise out of the terms and canditians of
this Agreement, venus for said action s�all be in Tarrant County, Texas.
99.
AUTHORITY
Tf�is Agreement is made for Fort Warth and Partic9pati�g City as an lnterloca[ Agreemen#,
pu�suant to Texas Government Code, Chapter 791.
20,
AUTHOR�ZATION
The undersigned afficers andlar agents of th� �arties hereto are properiy authorized officials
ancf have the necessary autharity to sxecute this Agreement on behalf of the parties hereto, and
each party hereby cer�ifies ta the other that any necessary resafutions extending such authority
ha�e been duly passed a�d are now in fu�l faree and effect.
'�5 �� ,� ,.h�,��
Ilr I��i�PJ
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EXEGUTED IN TRIPf.[CATE
CITY OF FORT WORTH
� � �� � U a ���'
�
.�
GITY Cd1�fV�l�, APPR�V��
:
� � �r� ,�,� _
Lib�. .�_�
r Wafson tr
Assistant City M�nager
Dat�: � —
� ,
APPROVED AS TO FORM
AND L�GALITY:
��R,�'o��
Assistant City Attorney ' U
A �ST:
.�� ' ..�,�--
loria Pea on
City 5ecr ary
J-���-��
Contract authorization
� ��-`-� LU�
�
Date
��,
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h� �
i.
_ —,
c.��=��i ' �
'�'�� ��<< '
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�y� s�P � zaa�
Printe narne:
Title: Mayo�'
Dat /�itJ ��' dD�" -
APPROVED AS TO FORM
A GALITY:
City Atkorney
A7TEST:
. ��--���
C' Secretary �
�
�xhibit "A"
R�SiOC�CIiVC �ISi ��� �H� lI���IL� COL��CiI�IV �INIi
[Viateriaf � Amoun4 �estoc€ced Special Weeds Remarks
55 gallon open top Amount taken aff the
drums {open top for trailer
iaase packs}
55 gallon drums Amount iaken off fihe
(cfos�d top} {oil, traifer
antifreeze, bulk
flamrnable ma�erials
and one extra)
Fiber drums (55 or 30
gallon} Aerasols, Amaunt �aken off the
acids, bases and trailer
oxidizers)
Gaylord box liners _
(plastic) . Amounfi taken off the
trailer '
55 gallon drum lir�ers
Amount taken aff the
trailer
5 gallan buckets �
(filf�rs/haz chemicals) Amount taken off the
trailer
Survey Forms
Amount taken ofF f[�e
fraifer �
LabeEsldrum placard
Amount iaken off th�
trailer
Gaylord boxes
Amount taken aff the
trailer •
Absarb�nt pads
Amount taken off the
trailer
Vermiculite
Amouht taken off t�e
trailer
Oil dry ,
Amount taken off the ,
trailer �
Prorr�otional Maferials
& Brochures Amvunt needed
'[ 7 i�. � I�����
�;�u � . �'• -
� � ' ��,
�` � , .
� u .
Exhibit "B"
WA�VER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WAST�
I baing the owner af property located at
t�ave been asked by the City of _ to allow a mobile collection
e�ent on my praperty to collect household hazardous waste on the , 2001.
[n consid�ration of , I her�by gi�e my permissian to the City of
to hold a household hazardaus wast� collection e�ent on my
property in which the City af has asked the City of For� Warth
ta sen� its mobile colEection ��it to callect t�e houseF�oid hazardaus waste that is brought to the
ever�i.
Therefore, in consideration of , 1 hereby RELEASE,
DISCHARGE, HOLD HARMLESS, 1NDEMNIFY t�e Gity of Fort W�rth or its afficers, agents,
and employees and the City of and its officers, agents,
andlor employees far any and all claims, demands, iiabilify, causes nf action, actions or suits of
any characfer that I may have against fhe City of �ort Workh or its officers, agents, andlar
employees and tha City of or its officers, agen#s, and/or
employees far any property loss or damage, for any and all persanal injury including deaih or
any other damage of any kind or character which may arises or that arises frnm allowing the
City of to hold a household hazardous waste collection e�ent, in
which ihe City of �'art Worth sends its mobile cof�ection unif on my property.
I have read thRs Wai�er and Release and fulfy understand its terms and conditions. I ha�e nat
been influenced in any e�ent whatsoever by ar�y represen#a�ion ar staterr�ents not contained in
this Agr�ement. � hereby acknowledge tl�at this Wai�er and Release is gi�en in consideration of
5ig nature Date
Witness
18
C'ity of �ort Wo�th9 .T'exas
J�lay�r ar�� ��r��ci� ���r���ic��i��
DATE REFER�NCE NUMBER LOG I�IAME PAGE
9124102 � **��� 92�� 52C4i�LECT 1 of 2
SUBJECT INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
RECOMMENDATION:
It is recommend�d that the City Council authorize the City Manager to execute interlacal agreements
wi�h variaus municipalities/entities fpr �articipation at the Environmental Collection Center.•
DISCUSSION:
The City's En�ironmental Collection Center is now in its sixth year of o�eration collecting household
hazardous waste fram the citizens-of Fort Worth and surroundEng communities on a year round basis.
In order for non-Fork Worth citizens to participate at the En�iror�mentaf Collectian Center, eac�
municipality is required to enter into an interlocal agreement with the City of Fort Worih. �
The. rate per household for the period cavered by these agreements (�c�ober 1�, 2002 through
September 30, 2003) is $50.00. The decrease in the rate is due to receipt of a grant from the North
Central Texas Co�ncif ofi Governments that will provide $150,000 fior disposaf costs during FY2002-
2Q03. It is anticipated that approximately $420,000 will be collected under these agreements. During
FY2001-2002 twenty-six area communities signed parkicipation agreements with the City of Fort Worth.
F'or the. upcoming year we expect all of those communiti�s �a participate and have had interest
expressed by six others. . .
This agreemeni outlines the responsibilities of each pariy, establishes the rat� for participation, and
delineafes the usage of service marked, public education material. The City of Fort Worth is
respansible for averall operation of the Environm�ntal Collection Genter incfuding contracting with a
hazardaus waste disposal company for transportation and disposal of materials collected. The
foElowing entities have expressed an interest (*j or are expected to cammit tv participation for the periad
October 1, 2002 through Se�tember 30, 2003:
Arlington
Benbroolc
Cleburne
Euiess
Haltom City
Kennedale*
Nor#h Richland Hills
Roanok�*
Stephenville
Upper Trinity Regiona� Water �istrict
White Settlement"`
Azle
Burleson
Colleyville
Grand Prairie
Hurst
Mansfield
Richland Hiils
Saginaw
Trophy Club"`
Venus
Willow Park*
Bedford �
Cedar Hill
Everman*
Grapevine
Keller
Newark
River Oaks
Sou#hlake
Un-incorparated Tarrant County
Watauga
�ity of �'ort� �orth, T'exas �
���r ���i ��r���iG� ������icc�f i��i
DATE REFERENCE NUMBER LOG NAME PAGE
9124102 �*�-� ���� I 52COLLECT 2 of 2
SUBJECT INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPAL�TIES FOR
PARTICIPAT.I�N AT THE ENVIRONMENTAL C�LLECTION CENTER
FISCAL INFORMATIDNICERTI�ICATION:
The Finance Direc�or certifies that the Environmental Management Deparfinent wi{I be responsible for
the collection of funds due under these agreements.
LW:n
Submitted for City Manager's
Dffice by:
Libby WaEson
Originating Department He�d:
Brian Baerner
Additional Infarmation Contact:
Brian Boerner
F'DNU T ACCOUNT I CENI`�R � AMOLINT CITY SECRETAI�Y
(to)
R103 �88220 0521100
6183
8�79 (from)
APPROVED 9124/Q2
8079