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INTERLOCAL AGREEM�NT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
H�USEHOLD HAZARDOUS WASTE PROGRAM
TH15 AGREEMENT is entered into by and be#ween the City of Fort Worih, Texas, a home-rule
rnunicipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "�o�
Warth," acting herein by and through €�ibby Watson, its duly authorized Assistanf City Manag�r,
and the ci�y of Cedar �t�11 a municipality situated in Da1.�as county , Texas,
hereinafter called "Participating City,".aciing hereir� by and through Rob Franke its d�ly
authorized Mayor
WITNESSETH
WHEREAS, Texas GoWernm�nt Code, Chapter 791, authorizes th� farmulation of interlocal
cooperation agreemenfs between and among local governments; and
WHEREAS, Texas Government Cade, §791.091 provides that a iocal g�vernment may contract
with another to pErfotm governmen#al functians and services, and §79�.003(3}{H} defnes waste
disposal as a governmental funciE�n and service; and
WHEREAS, T�xas Gavernment Code, §791.02� provides that a local government may agr�e
witF� anotf�er local gavernment to purci�ase services; and
WHEREAS, For� Worth and Participating City desire to enter inio an interlocal agreement
whereby Fart Wo�th w�l� purchase the services of a waste �isposaVrecycfing firm or firms and
will adrninister a household hazardaus waste collectian program; and
WHEREAS, Fort Worth a�d Par#icipating City mu#ually desire to be su�jecfi ta tF�e provisions af
Texas Govemment Code, Chapter 791, also known as the [nter[ocal Caoperation Act.
NOW THEREFORE, it is agreed as follows:
1.
D�FINITI�NS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and
phrases, as used in this Agreement, s�all f�ave the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation
of tt�e forces of naiure, uncontrolled or uninfluenced by the �ower nf humans and without
human interventian.
Bill of Ladinq lists the contents of the mobile col[ection unit.
Environmental Collection Center {ECC) means the City ofi Fort Worth Department of
Environmental Management faci[ity focaied at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by F'ort Worth for the aggregatian of �ousehold hazardous was�es
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that have been brought to the facility by par�icipating cities' households far subsequent
recycfing, disposal, andlor reuse.
Env�ronmental damaqes means all claims, judgmenis, damages, iossas, penalt�es, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not s��h claim is t�ltimately defeated,
and of any goad faith settlement or �udgme�nt, of whatever kind or natur�, contingent or
otherwise, matured or unmafured, foreseeabfe or unfflrese�able, including without
Iimitation reasonable attorney's f�es and dis6ursemenis and consulfiant's fees, any of
which are incurred subsequent to the execution of this Agreement as a res�lt af the
handling, colfection, transportation, s#orage, disposa], treatmerri, reco�ery, and/or reuse
ot waste p�rsuaRt to this Agreement, or the existence of a violatian of environmental
requirements per�aining to same, and including without fimitation:
(a) ❑amages for personal injury and death, or in�ury to property or natural resaurces;
(b} Fees incurr�d for the services of attorneys, consultants, contractors, ex�erts,
laboratories and all other costs incurr�d in connect�on with the investigatiar� or
remediatian of such wasfes or violation of environmental requirements including,
b�t not limited to, the preparatian of any feasibility studies or reports or the
perFarmance of any cleanup, remediation, remo�al, response, abatement,
containment, closur�, restoration or monitoring work required by any federal,
state or local govemmenta! agency or politEcal subdi�ision, or ofherwise
. expended in conneciion with the existence of such wastes or violations of
enviranme�tai requireme�ts, and i�clud9ng withau# Iimitation any attorney's fees,
c�sts and expenses incurred in enforcing this Agre�ment or collecting any s�ms
due hereunder; and
(c} Liability ta any third person or go�ernmental agency fo indemnify such �ersan or
agency for casts �xpe�d�d in connec#ion with fhe items �eferenced in
subparagraph (b) F�erein.
�nviranmental requirements means afl applicabie present and future statu#�s,
regulatians, ruies, ordinances, codes, liceras�s, permits, orders, approvals, pfans,
aUt�orizations, concessions, franchises, and similar items, of afl gav�rnmental agencies,
departmenfs, corr�missions, boards, bureaus, or instr�mentalities of the Uhi#ed 5tates,
states, and political subdivisions thereof and al] applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating ta the pratection of hurnan healtn or
the enviranment, including without limita#ion:
(a} Ail req�irements, including but not limiied to thase pertaining ta reporiing,
licensing, �ermitfing, investigation, and remediation ot �missions, discharges,
releases, ar threatened r�lEases af hazardous materiafs, pollutants,
cor�taminants, or hazardous or toxic subs#ances, materia[s, or wastes wheth�r
solid, �iquid, or gas�ous in nature, into the air, s�rFace wa#er, �raundwater, storm
wa#er, ar Iand, or relat�ng to tne manufact�tre, pr�cessing, �istrib�tian, use,
treatment, storage, dispasal, transport, or handEing of pollutants, contaminants, ar
hazardous or toxic substances, materials, or wastes, whether solid, liquid, or
gaseous in nature; and
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(b} AI1 requirements pertaining to the protection of the health and safety of
empioyees ar the public.
Force maieure means decrees of or restraints by a governmentaF instrumentality, acts of
Gnd, work stoppages due to labor disputes ar strikes, failure af �or� Worth's
cantractor(s} to perForm pursuant to their agreements with Fart Worth for the canduct of
fhe co�lection of househdld hazardous waste, fires, explosions, epidemics, riais, war,
rebeliion, and sabotage.
Hous�hold F�azardous wasie (HHW) means any �olid waste generated i� a household by
a cans�mer w�ich, except far the excfusian pro�ided for in �40 CFR § 261.4(b)�� ), would
be classified as a hazardous waste under 40 CFR Par# 261.
Manif�sf ineans the uniform hazardous wastE ma�ifest form(s) furnished by tF�e TNRCC
ta accompar�y shipmer�ts af municipai hazardous waste ar Cfass 9 industrial soiid waste
far waste trans�orted to a site in Texas, ar the comparabfe manifest of the receiving
state if th� waste is tra�sported out of Texas.
Mobile collecfion svent means a household hazardous waste callection e�eni by
Participating City utilizing a mobile collection ur�it.
Fort Worth Mobile collection unit (MCU) means a nan-self-propelled vehicEe used for the
periodic colfection of ha�seY�old hazardous wasfe by Participating City, off-site of the
ECC, which is transparted to the ECC to dispose of the housel�old hazardous vvaste
collected at tl�e mabile coflec#ian e�ent. The Fort Wo�t� Mobile Collecti�n Unit is
designed to hald th� hazardous waste af approximately 50 to 7� households.
Participatina Cities, when used in the plural, means Fort Worth, Participating Gity, and all
other entities which have.entered into interlocal agreements with �art Warth for the ECC
household hazardous wasfe collection program.
Person means an individual, corporation, organizaiio�, govemment, ar governmental
subdivision or agency, busine�s trUst, pa�inershi.p, associat9on, or any other legal entity.
Waste has the sarne meaning as "solid waste'" as that term is de�r�ed in Texas Heafth
and Safe#y Code §361.q03, an� including hazardous substances.
B. Un[ess a provisian in this A�reemer�t explicitiy states otherwise, the foilow9ng
abbreviatians, as used in this Agreement, s�all have tl�e meanings hereinafter
desigt�ated.
CERCLA - Comprehensive Environmental Response, Compensaiian, and Lia�iiity Act.
CPR - cardiopulmonary resuscitation.
DOT - United Sfates Department af Transpo�tatior�.
ECC - Environmenial Co!lectian Center.
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EPA - United Stat�s Environmental Protection Agency.
HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response.
HM - hazardous materials,
HHW - hausehold hazardous waste.
MCU - Mabile Collection Unit.
2.
PURPOSE
The purpase af tnis interlocal agreement (hereafter "Agreement") is the provisian ai senrices by
�ort Warth t� Par�icipating City whereby, subject to the terms and condi#ions specified below,
Fort Worth wi[1 admir�ister and supervise a.regional househafd i�azardous waste collectian
pragram, which will be available fo nauseholds wifhin Participating City. ,
3.
TERM
This Agreement shall be effective from the dat� the lasi party has signed this agreement
through 5eptember 30, 20�3.
4.
SERVIC�S OF �ORT WORTH
Fort Wor�h agrees to perForm the follawing services for Par#icipating City in connec�ion with the
�CC nausehold hazardous was#e collectian program:
A. Fort Worth wiil adminisier a regional hausehold hazardous wasfie callect�on program.
This program will incEude the operation ofi the Environmental CaNeetion Center, which
will acc�pt for disposal andlar recyclie�g household hazardo�s wasie fram hous�f�ofds
located within Par�icipating City. Fort Wor�h shall not accept compressed flammable gas
cantainers; radioac#ive materials; explosives or potentially shock sensitive materials;
bialogical, etiologic, and inf�etious materials; wast�s from businesses; and any other
wastes that Fort WortY� has de#ermined are unacceptable.
B. Fort Wor#i� will �mplay or retain personne[ to provide the services necessary #o perform
�ort Worti�'s obligations in this Agreemer�t.
G Fort Worth will enter into a coniract{s} wifh waste disposal/recycling firm(sj for tE�e
handling, co�lectian, trans�artation, s#arage, disposal, freatmertf, recovery, andlar reuse
of �aus�t�oEd �azardous waste, w�ich is col[ected at the ECC.
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D. Fort Worih will, if requested in writing by Participating Gity, provide Participating Ciiy with
capies of waste manifests for shipments of waste from fF�e ECC.
E. Fort Wo�th will, if re�uested in writing by Participating City, provide Participating City a
monthly repart af the Participating City's hausehalds who dispflsed of househald
hazardo�s waste at the Enviranmenta! Ca[lection Center or a Mob�le Collection Event.
F. Fari Wo�th will issue a reporf and a bill at the end af each quarter detailing the numb�r of
Participating City's houseF�olds t�at disposed of househoid hazardous waste at the
En�ironmental Collection Center or at a mobile coElectian e�ent.
G. fort Worth will act under tt�is Agreement in accor�ance with all applicabl� state and
federal Eaws.
H. Non-Fort Worth Mobile Collectron lJ�i�
1. Fort Worth agrees ta accept ha�sehold hazardoUs waste trorn Participating City's
MCU in accordance with Sectian 5, af #his agreement.
2. �art Wor�h agrees to restock t}�e items it removes firom Pariici�ating City's MCU,
however, Fort Worth shall only res#ock items listed in Exhibit "A", attacY�ed and
incarporated herein as if set f�rih.
I. Mobife Caflection Events --Usinq Fart Worth's lJnit
!f Participating City wou�cf fi�ce to schedule a mabile' collection event with
the F'ort Worth Mabiie Collection LJnit, Fort War�h will send Participating
City a list of avaiiable dates. Participati�g City will contact Fart Wort� as
soon as possible to schedufe the dat�, time and locat[on agreeable to
both parties.
(a) Locaiion
If Par�icipating City chooses to hold the Mobile Collection Event on
pri�ate property, Participating City shall obtam a signed waiver
from the owner of tne properiy 9 week priar in the event. The
waiver shall be in the forrn of Exhibit B or similar farm appra�e� by
Fort Wor�h. T�e signed wai�er must be sent #a �art Worth 1 week
before the Mobile Coilec�ion Event. I# the sigt�ed waivEr is not sent
to �ort Warth � week befiore the Mobile Collection Event, Fori
Wartt� will nat sen� the Fort Worth Mobile Collection Unit ta the
event ar�d Participating City wiEl, in no evEnt, be enfitled to any
damages of recavery af a�y cosfs, except as provided herein.
(b) Available Dates
Participatin� City acknowfedges that Fort Worih contracts with
ather municipaliiies and that Fart Worth wiil be accommodating
each Participating City's request on a first come first served basis.
Therefore, Par�icipat9ng City acknawledges that its chose� date to
schedufe a mobile collectian event may be reserved by anather
City and ParEicipating City will have to choosa another �ate.
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Participatin� City will, in no event, be entitled ta any damages ar
reca�ery of any cosfs, except as prflvided Y�erein.
2, At tF�e Mobile Callection Even#, Participating City acknowledge5 and agrees that
For� Worth shalf accept househafd hazardaus waste from the first 50 hoUseholds
that show proof of resi�ency at the Mobile Collection Event. Affer �i�e first 50
households, Fori W�rth will determine in its sole discretion how much morE
waste it can accept and store prop�rly. If mare households arrive at the event
than Fort Worth can acc�pt, Par�icipating City wiil in no event be entitled #o arry
damage of recovery af any costs, except as provided herein.
3. Due io the lack af sforage space at the ECC, Participating Cify acknowledges
and agrees that if it req�ests tF�e �'ort Wo�th Mabile Colfectian lJnit at a mobile
collection e�enf, a ParEicipating City's Non-Fort Worth Mabile Collection Unit shafl
nat alsa be at the event.
4. City, 9n its sole discretian, wifl det�rmine whether to send the For� Worth Mobile
Collection Unit #o Participaiing City's Coll�etEon E�ent during adverse weather or
t�e threat of adverse wea�her inc[�ding but not limited to slest, snow, rain, mist or
f�ai3. ln the event Fort Wort� determines no� to send �f�e �ort Worth Mobii�
Collection Unit, Fart Worth shalf natify persons lisied in Sectian 5, Paragraph A
and shali send a Fart Wor�h emplaye� to fhe Parkicipating City's e�ent to teI! any
residents #hat come to dispose af �ousehold hazardous wasfe; 1}#haf the Fart
Wor#h Mabil� Coflec#ian Unit wifl not be coming to the a��nt, and, 2} that the
resident can go to the �CC ta dispasa of the waste and provide a map to the
�CC.
5.
DUT1�5 OF PART�CIPATING C1TY
Pariicipaiing City agrees to perform the fo�lowing duf�es in connection with the household
hazardous waste coilectiQn program:
A. Participating City wifl designate one of its employees, and anather as a� alternate, ta act
as its household hazardous wast� collection caordinator ta interact with �ort Worth.
Designated persan is: Missv Preston felephone number: ��2-2q�.-5i�n X1032
Pager number ar 24-F�aur number where 1�e ar she can be reacl�ed: 972-229-4434
Alternate person is pat Sa�eman tefephone number: 9i2-291-5100 x1010
Pager number or 24-haur number wE�er� he or she can be reaeh�d: 214-9I2-3b79
B. Partici�ating City will coardinate and fund al� program ad�ertising targeied to its awn
citizens, as it deems necessary. 5uch advertising shall incfude the type of wastes that
will be accepted at the ECC, the rsquirement of proof of residency and weather
cancellation information.
C. f'articipating City shall r�otify its residenis of the ECC hours of operatian and dates it is
closed as provi�e� in Section 9"The Environmental Caflection Center Hours af
Operation." .
D. Participatin� City may choose to utilize a voucher system f�r its res9dents in arder for
them ta bring HHW to the ECC, If Participating City cf�oases to use such a syst�m, it
shall notify Fort Worth af tha decision, and shall prav3de For� War�h with a capy of the
official voucher. In addition, if a citizen from a Participating Ci�y thaf utilizes a vaucher
system comes to the ECC or a mobile collec#ion event without a vaucher, Participating
City acknow{edges and agrees that Fort Worth will not accept the hausehald hazardo�ts
waste ur�til Pa�icipating City authoriz�s th� acc�ptance in writing.
E. ParticEpating Cify may submit a wriften request fior a monthly repor� listing ihe num��r of
its city's househalds #hat ha�e disposed of household hazardous waste at the ECG or a
mobile collection event.
F. Particip�ting City shall provide traffic cantral and signage far the mobile collectian
events, and shall provide personn�l to assist Fort Wort� wifh the survey and screening
of persans dropping off household f�azarda�s waste. The parties prior to the event shall
agree upon the details o� the traffic control, signage, and personnel assistance.
G. Participatinq Citv's Mobile Collectian Units Collectina Househo[d Hazardous Waste
�. Participating City shall ad�ise the ECC program manager at least 72 hours in
advance of its mobile collectian ever�ts. Participating City shal[ collect onfy HHW
during a mobiie collection event. Wastes fram commercial, agricul#ural, and
industriaE sources shalf nat be accepted. Participating City shall not acc�pt
compressed flamma�le gas containers; radiaactive materials; explosives or
potentia�ly shack sensEtive mater'tals; biological, etiologic, and infectjous
materiafs; and arty other wastes that Fo� Wor#h has determined are
unacceptable.
2. In accordance with the latest DOT requir�m�nts, Participating City's MCU
operatars wil[ prop�rly categorize, �ackage, mark, label, and load into #i�e MCU,
all wastes received at the mobile calEection event. Recyclable products (used oii,
Used oil filters, latex paint, recyclabie anfi-freeze, lead-�cid batteries, and
fluaresce�t IigF�ts) will be s�gregated inio co�tainers far recyclables.
3. After accepting wastes, Par�icipa#ing Gity's MCU operators shall thoroughiy
check each container far proper Eabeling and identification. lf a container is
properly identified, the material will be s�gregate� accordir�g #o hazard class and
prepared far packaging. If a container do�s not have adequate labeling to permit
id�ntification, the MCU o�eratars shail then attempt to identify the mate�iaE from
its physical characteristics using HAZCAT analysis and from information provided
by the hausehald pres�nting th� waste.
4. The Partic9pating City's MCU operatars sl�al� package aEl hazardaus maferials in
accordance with United 5tates Department of Transportation (DOT)
requirements, United States Environmental Protectior� Agency (EPA)
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requirements, and al[ other applicable federal and state req�irem�nts. After all
the was#es hav� been praperly i�entified and segregat�d, the MCU operators will
r�sxamine th� wastes for compatibility, fist them an the cantainer content sheets,
and pack them infa dTums. Oi�-based paints and laiex paints shall be b�lked
separafely in 55-gallon drums, or if the paint i� left in its container, ihe paint can
be packed in a fined cubic yard box, and packed and laheled accarding to federai
and state regu[atians. Par�icipating City shall not transpor� waste that is not HHW
to tn� ECC. Participating City agrees to make its own arrangerr�ents to dispose o#'
any non-HHW was#e collected at the even#.
5. Prior to transporting the HHW from i�e coll�ction event site{sj, Participating City's
MCU aperators shaE] complete a Bill of Lading, and shall keep the BiI� o'� Lading
�n the cab of the truck hauiir�g the MCU during transportation of the HHW to #he
ECC. Participa#ing Cify shalf require that a minimum of ane capy of the latest
North American Emergency Response Guidebonic be kept withir� �he cab of the
truck.
5. During transpor#ation, I'articipating City's MCU aperators shall placard the MCU
for transportation af hazardous waste in accordance with federal ar�d state 1aw.
7. L1pan th� return af the MCU to the ECC, ParticipafEng City's MCU operators shall
follow the instructions of For# Wor�h regardir�g the placemen# of the MCU for
unloadir�g. Fort Worth shall take passessian of the MCU from Participating City
� after the MCU has been properly parked for unioading in accordance with Fort
Worth's instructions and all required dacumen#s have been delivered to the ECC
program manager or his designee at the ECC. Fort Worth shall, vvithin a
reasonable amount of time, unload the HHW from the non-Fort Worth MCU and
stare the HHW at th� ECC.
8. If �or� Worth, in its sale discretion, determines that Par�ic9pating City's MCU
operatars improperly packaged any of the HHW delivered to the ECC, �ort Worth
sha[f repacKage such waste, and Participating Cify shall reimburse Fort Warth as
set farEh in Section 1 �., Paragrapf� B.
9. If a spi�l acc�ars at tl�e ECC while the MCU is still in Participatir�g City's
possession, �ort Worth sha11 take contra[ of the spilf response and Participating
City wiil reimburse Fart Worth far its respanse c�sts as set forth in Section �0.,
Paragraph C,
B.
�SE �F WASTE DISI'OSAUR�CYCLiNG F[RMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth wil] enfer into a cantraci(s) with wasie disposaVrecyc[ing frm(s) for the
hand[ing, callection, trans�ortation, storage, dEsposal, treatmeni, recovery, and/or reuse
of hauseF�old hazarda�s waste, which is collecte� at the �CC.
B. Such firm�s) s�afl be required p�rsuant to the cantrac#(s) to assume ge�erator statu� for
the waste coflecfed, (�xcluding used oii, l�ad-acid batteries and antifreeze} to cnoose a
dispasal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth
and participating cities against any and all enviro�mental damages and the violation of
any and al� environmenta� requirements resulting from the handfing, collection,
#�ar�sportation, storage, disposal, treatment, recovery, andlor recycling. of vtiraste collected
pursuant to this agr�ement, when said environmental damages or the �iolafion of said
er�vironmental requirements was t�e resuii af any act or omissian of contracfor, its
officers, agents, empioyees, or subcantractors, or the joint act or ornission of contractor,
its ofFicers, agenfs, employees, or subco�tractors and any ather person nr entity.
C, iH� PARil�S RECOGNIZE iHAT ALT'HOUGH YH� �I1�M {S) WfLL �� ��QUIRED
`f0 ASSUflJI� G�N�R�►iOR ST'A,TUS, 71�lS ASSUf�PTIOf� WILL NOT R��IE!!�
PARi1C[PATINC CI'fY OF LIA8ILETY �O� YH� W�15TE 11ND�Ft ��D�RAL LAlM
Af�D SiAY� LAW. For� Worth wiil arrange for recycling vendors for used oil, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
REIJSE t?F COLLECTE� MATERIAl�S
A. �rom iime-to-fime �art Worth wif! make availab�e to residents and businesse� of Fart
Worth, as well as, Participating City and residents a�d busines�es of Participating City
for #heir use, col�ected housef�old hazardous waste materials that are suitable for reuse,
such as paint, fertilizer, mator oii, and anfifireeze. Fork Worth shail nat charge far any
materials that are picked up for re�se.
B. Some materials made available for reuse may have been cansofidated and fltered by
�ort Wo�#h prior io b�ing made available. Used antifreeze will have been consolidated �n
a ba�rel, filt�red, and pH balanced, and new antifreeze may have been added to the
harrel.
C. In regards to materials accepted by Participating City, F�RT' Vi1��tiH MAKES fd0
R��R�S�AI'�AYIONS, WARRANiIL�S OR GUARAidT1ES i�iAY:
�. the container con#ents are wf�at the label indicates;
2. the container cant��ts are those originafly placed .into the container by the
r�anufacturer;
3, the prod�ct is of the qua�ity ir�tended for iis �se;
4. the confer�ts of the container have been stored properly;
5. the instruciions on the container label for use, storage, and first aid are current or
correct;
the container is in unim�aired condition;
7. the product is still appraved for use (i.e., it has nof been bannEd or recalled); and
8. the product can be used without risk to pers�ns, property or th� er�vironment.
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FURiHERMOR�, ALL WARRp►NTIES, �XP�2E5S A►ND IMPLI€D, AR�
SPECI�IC�►LLY D�NI�D.
D. ParEicipating Ci�y shall con#act the ECC program manager to arrange a pickup time to
obtain materials. Participating City agr�Es that it shall nat return to Fort Wart�, direcfly or
indirectly, any materials it obtai�s from Fort Wo�th under this paragraph.
E. 11� R�GAR�}S TO ih�AT�R]ALS ACCEPTED �Y PARTICiPATING CITY,
PARTiCIP�►TiMG GI�1' �O�S H�REBY WAIV€ AL� CLAIMS, INCLLJDING
PRODUCYS LIAB�I�ITY CLAl�flS, AND R�L�A5E5, AND HDLDS H/�RM��SS THE
CI`I"Y �F FORT VlIORTH, �►ND ,��L OF IT5 OF�fCIA�S, �FF�CERS, EiVi�LOYEES,
AGEN�'S, AND VOLUPii���S, IN BOYH TH�1R PIJBL�C AND PRIVAi�
CAPACITIES, FRONi ANY ,e►N9 A�L �IABILITY, CL�41MS, SUITS, DEIVIAND�,
EXPEAIS�S �F LITIG/��ION, OFt GAUS�S OF ACTI�hI WNiCH MAY AR1S� �Y
REASDiV OF INJURY TO P�RSONS, �OSS OF F�ROPERYY, �Ati111AG� TO
PROPER`fY, �R LOSS O� US� O� ANY PROP�RiY , �CCASiONED BY 'fH�
TRANSPQRTATION, ST�RAG�, HAND�ING, iJSE, AND DISP05A�. �Y
PA�t71CIPATING CITY O�' A�JY MA7`ERZALS ACC���'��l BY PART'1CI�ATIPIG CI [Y
. lli��?�R THIS �►GR��MENT FROIVI FOf�Y WORTFi.
F. ln regards to materials accepfied by r�sidents ar businesses of Participating Cities,
�ORT WORTH tVIAKL�S NO R�PF��SE�liATIONS, 1NARRANTi�S O� GUARAI��I�S
iH�i:
2.
3.
4.
�.
6.
7.
the contain�r con#ents are what the label indicates;
the containar cont�n#s are those �riginally placed 'mio the contain�r by the
manufacturer;
the �raduct is of the quality intended for its use;
the cantents of the container have been stnred properly;
#he insfr�actions an ti�e container label for use, 5torage, and first aid are current or
correc�,
tE�e canta�ner is in unimpaired candition;
the producf is stil! approved tor use (i.e., it has not been banned ar recalled); and
8, the product can be used without risk to persons, pToperty or the enviranment.
�'URTH�RIUfOR�, ALL WA�RANiI�S, EXPRESS AND IMP�,I�D, AR�
S�ECIFICA�LY �1�NI�D.
G. Participating City shall attempt to inform its residents and businesses thaf it they go ta
tF�e Environmental Collection Center to pick up household hazardous waste for reuse, a
release af liabi�ity must be signed to accept the housEhold hazardous waste for reuse.
�a
8.
RIGHT TO RE�U�E WAST�
Par�icipating City agrees that Fort Wor#h shal! F�ave the right ta refuse to accept waste at fhe
ECC from Par�icipating City's resident a�d ta eject. such individual fram fhe premises af the �
ECC, ifi in th� reasana�le judgment of Fort Worth: ��
A.
B.
C.
D.
E.
The waste is nof househ�old hazardous was#e; �
The waste fails to meet other established criteria established by this Agreement, or that
have been established by Fort War�f� subse�uent to the execution af th� Agreement;
The individual do�s not i�ave suf�icient identification to esfabEish that helshe is in fact a
resident o# Participafing City; -
Par�icipafir�g City has implemented a voucher system for its residen#s to c�ispose of
waste, and the individual does r�ot have a va�i� voucher; or
The waste or the indivfdua! presents a hazard ta the ECC ar �a p�rsons or property at
the �CC.
9.
�NViRONMENTAL C�LLECTION CENTER H�URS AND DAYS
OF OPERATION
�
L�
C.
Ho�rs of Operation
During the term of #he agre�ment, the ECC's haurs of aperation are as foEl�ws:
Thursday and Friday � 1:QO a.m. -7:00 p.m.
5aturday 9:00 a,m. -3:Q0 p.m.
Days the Environmental Collectio� C�r�ter will be closed
During the term of the agreement, the ECC will be closed on ihe folbwing days:
Thanksgiving Holiday, November 28 -29, 2Q02
Christmas Haliday, D�cember 25, 2042
January 1, 2003 through January �8, 2D43, for cleanup and repairs
M.L.K. �ay January 2a, 2�03
Memo�iai Day, May 26, 2003
lndependenc� Day, July 4, 2D03
L.abor Day, Sepfember 1, 2Q03
Notifiying Resid�nts
Participating City agre�s to notify its residents of the ECC's hours of operation and dates it wifl
be closed. Participati�ng City may adve�tise the 24-hour Environmental Callection Center
11
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t�lephane number to gi�e its residents the Environmental Collection C�nter's hours. The
number is: {817) 871-�2�7.
10.
COMPENSATIDN
As fair compensation for the serv�ces provided by Fort Worth pursuanf to this agreement:
A. Participating City agrees to pay Fori Wor�� the sum af $ 50.00 per household per visit to
the ECC ar per household for participation in a Mobile Collection Event to dis�osE of
household haza�-dous wast�.
B. If �art Worth determines that Participating City's MCU aperators improperfy packaged
any af the HHW deli�ered ta the ECC, Fort Worth s�all repackage such waste, and
Parfiicipa#ing City shall reimburse For� Wflrth for it s#aff time at $20.00 an hour and #he
cost of supplies�
C. If a spill occurs at the ECC while the Non- For� VVorth MCU is still in Pa�ticipating City's
possessian, For� Wor�h sha�l take control of the spill response and Participating City wif�
. r�imburse Fort Wort� for it� response casts af $60.00 per ho�tr staff time and the cost of
supplies.
D. The amaunt due to Fflr� Worth for services provided under fhis Section, Paragraphs A,
B, and C, s�all be bi�led to Participating City quarterly. Participating City shafi pay Fort
Wor�h within 30 days af r�ceiving a bill frorn Fori Wo�th. If Fart Worth does not receive
payment within 30 days, Fort Worth sha�l inform Participating Ci�y in wrifing that it will no#
accept any household hazardous wast� fram Par�icipating City's residents and that F'ort
Worth will not participate in a mobile collection e��n# or provide a mobile collectian unit
until paid.
E. A# the end of the term of this Agreement, Fort Worth shall provide a final acca�nting to
Par#icipating City, which will includ� ff�e tatal number of Participa#ing City`s households
which participat�d in the pragram, repackaging fees, if any, and the tatal c�at of spill
respanse charged ta Participating Ci#y, if any.
F. Pursuant fio the requirements of Government Code §79�.0� 1{a)(3), the amaunt du� to
Fort Worth under Subparagraph D. above shall be paid from revenues currently
available to Participating City in the present fiscal year.
'� 2
11.
AR'i11VORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIA�S
LICENSE AGREEMENT
Fort Worth is t�e owner of "Capta�r� Crud" and the Cruddies ("�[aamer," "�#to,"" "Pestie,
"Scrub," and "'Van Goo") "'Conquer Your Crud," and "Crud Cruiser", and therefQre all
�'vunprs}�ip rights belong �o Fort Wo�t�. Fort War�h has registered these marks as service marks
w�fih tt�e Secretary ��f State. �
�1. F'ort Workh hereby grants to Participating City a non-�rans�erable, i�on-exdusive licens�
t� use a{! the arfiwork and promotional materials that may be provid�d by Fort Wor�h to
'�e �as�d solefy in the canduct of the �usiness of Participating City's disposal and
rQcycling of househand hazardo�s wast� prograrrzs. If Participating Ciiy wisi�es to use to
Licensed Ark andlor Promotional Materials in other limited situations, Par�icipating City
must first obfain express written consent fram Fort Worth.
B. Fort Warth may provid� licensed Artwark and Pramotionaf Mat�rEals ta Pariicipating City
�ursuant to the terms of fhis Agreement. Parficipating City acknawledges tF�at by virtue
of this License, Participating Cify acquires onfy the right to use the original and permitted
duplicate copies af #he Licensed Artwo�k and Promotional MateriaEs an� does nat
acguire a�y rights of ownershi� in the Licensed Artwork and Pramotional Material�,
which rights shall remain exclusiv�ly with �ort Worth. lf Participating City war�ts to modify
or change the artwark andlor promotional materials in any manner, Participating City
hereby agrees fo cantact Fort Worth in wri#ing to ab#ain written consent befiore modifying
�r changing any artworic andlar promotional materials.
C. If Participating City desires an actor to portray "Captain Crud" for an event, Parficipating
City shaH �se actors approved by Fort Wort� to portray "Captain Cf�d" sinc� "Captain
Crud" is owned by Fort Worih. Partcipating City shall be soiely responsibfe for
compensating actar for t�e services pro�ided to f'articipating City. Par#icipating City will
cantact Fort Worth as soon as possible with the daie and time of ti�� event agreeable to
boiF� parEies to obtain approval for th� chosen actor and to request and pic�Cup the
"Captain Crud'" costume for its events. Fort Worth will provide the "Captain Crud"
costume. However, Participating Cify agrees to be liable ta Fort Worth far any damage ta
the castume or if Participating City fails to return the e�tire cas#ume to Fort Wflr�h or if
the costume is not returnEd in the same condifion as received.
� z.
�MMu►vir�r
It is expressly understaod and agreed that, in th� executian of this Agreement, none of the
�articipating cFties wa�ves, nor shalE be hereby deemed to vraive, any immur�iiy or cfefer�se that
woufd otherwise be available to it against claims arising in the exercise of governmental powers
and functions, and tl�at the senrices described in this Agreement are a governmental function.
13 � --
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13.
FORC� MAJEURE
A�elay ar faElure of Fort Wnrth to perform services pursuant to tt�is Agreement shall �e exc�sed
to the extent that the delay or failure to perform resulied from a force majeure e�ent, and the
delay or fai{ure was beyond the contro� of Fort Wort� and no# due to� ifs faUlt or negligence.
Participafing City snall nat ha�e, and hereby waives, any claim whatever for any damages
resulting from delays or failure to pe�form ca�tsed by a force majeuT� �v�nt.
14.
TERM I NATION
The �arkies shall each F�ave the right ta terminate the Agreemen# for any reason, with or witF�out
ca�sa, upon thirty (30} days written notice to the ather par�y. LJpon terminafion, the parties shall
be released from all contractual obligations to the other party excluding "USE 4F WASTE
DISPOSALIRECYCLWG FIRMS FOR HOIJSEHOLD HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MATERIALS° (Paragra�h 7) and "ARTWORK, "CAPTAIN CRUD
AND THE � GRUDDIES," AND PROMOTlONAL MATERIALS L4CENSE AGREEMENT'
(Paragraph '� 1).
15.
NOTI C�
Any notices req�ired id be given under this Agreement shall be deli�er�d as folfaws:
If ta For# Wari�:
Brien Boerner, CHMM, Direc#or
Department of Er��iranmerttal Management
Ci#y of �ort Worth
1000 Throckmor�on
Fort Wor�h, Texas 78102
ff to Participatinq City:
Miss� Preston
Managemen.t An.aJ.yst
City of Ge�ar Hill
P.O. Box 96
Cedar Hil1 TX 75106
16.
ENTIR�TY
This Agreemer�t co�tains al! commitments and Agreements of the parties hereto, and no other
o�al or written commitments shall 1�ave any force or eifect if not contair�ed herein, except thaf
fhis Agreemen# can be amended or modified by the par#ies ifi such arrFendrr�ent or modifica�ion is
in writing and signed by Participating City and Fort Worth.
14
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17.
SEVERABfLITY
In th� event anyone or more of the provisians contained in this Agreement shall for any reasan
be held to be invalid, i�legal, ar �t�en�orceable En any respect, such invalidity, illegality, or
unenforceabi�ity shall nat affect any otner provision thereof and t�is Agreern�nf shall be ,�
construed as if such invalEd, illegaf, or unenforceab�e provisions had never been cor�tained
herein. �
18. , .
VENLl� ,
Should any actian, real or asserted, at Vaw or in equity, arise out af the terms and conditions af
this Agreeme�f, venue for said action s�all be in Tarran� County, Texas.
�9.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an �nierlocal Agreement,
pursuant to Texas Government Code, Chaptar 791.
zo,
AUTHORIZATION
Th� undersigned officers and/or agents of the parties hereto are praperly authorized officiafs
and have the neces�ary authori#y ta execute this Agreement an behalf ofi the parties hereto, and
each party nereby certifies to the otF�er that any necessary resolutians ext�nding such authority
have been duly passed ar�d are now in full force and effect.
0
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EXECUTED IN TRIPLICATE
CITY OF FQRT WORTH
By; � i �,.'
_ . ��.. •
Libby'f/Vatson
Assistant Cit� Manager
Date: � . . � � ' �
APPROVED AS TO F�RM
AND L�GALITY:
�l�U�� � ���
Assistant City Aito ne
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Contract au�harizatian
�'1��1��.
Date
f ':�W �l�.,.� ... ��JI��� �
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By: :
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Printed r�ame: rank.e
Titie: Mayar
Date;
APPROVED AS TO FORM
AND LEGALITY:
� _ , ��
Assi ant ity �
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ATTEST:
C J! �� 2'�r.t/ �—l��
City Secre#ary
,s
Exh i b it "A"
��Si�CKli�f� LI�T FOR �b� I���IL� ��LL�CiIOi� Ui�li
IV�a��rial Amo�nt �estocked
5� gallon open top Amount taken off the
drums (open top for trailer
faose �acks)
55 ga�fon drums Amaunt taken off the
(closed top} (oil, trailer
antifreeze, bulk
flammable materials
and one extra)
Fiber drums (55 or 30
gallon) Aerosols, Amount taken off the
acids, bases and trailer
oxidiz�rs)
Gaylord bax liners
(plastic) Amaunf taken off the
trailer
55 gallan drum liners
Amount taken off the
trailer
� gallon buckets
(filtersli�az chemicals) Amount taken off the
trailer
Survey Forrns
Amount taken off the
trailer
Labelsldrum piacard
Amount taken off the
traiier
Gaylord boxes
Amount'taken off f�e
traiEer
Absorbent pads
Amount taken off the
trailer
Vermiculite
Amount taken off the
trailer
Dil dry
Amo�nt taken off the
trailer
Promotional Materials
& Brochures Amaunt needed
'[ 7
�pecial Needs
�
Remarks
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Exhib[t nD��
WAIVER AND RELEASE OF LIABILlTY FOR COL.LECT[ON OF HOUSEHOLD
HAZARDOUS WASTE
I being the own�r of prnper�y ]ocated at
have been asked by the City af , fo aliow a mobile col[ection
event on my property to callect household hazardous waste on the , 2�0� •
In considerafion of ,[ hereby gi�e my permissian to the Ciiy of
to hold a househofd hazardous waste collection evPr�t on rr�y
prope�y in which the City �f has asked fhe City of Fort Worth
to send its mobile coll�ction unit to collect the household haz�rdous was#E fhaf is brought ta fhe
event.
Therefore, in consideration af , I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City af Fart Warth or ifs officers, agents,
and emplayees and the City ofi and its o�cers, agents,
andlar employees #ar any and al� claims, d�mands, fiability, causes of action, acfions or suits of
any cF�aracter that I may have a�ainst the City of Fori Worth ar its officers, agents, an�/or
empioyees and f�e City of or its officers, ager�ts, and/or
employees for any property loss ar damage, for arty and all persanal injury inclu�ing death ar
any other damage of arty icind ar character whicf� may arises or that arises fram allowing the
City of ta hold a household hazardous wast� colfection event, in
wE�ich the City o� Fori Warth sends its mobile collecfiion unit on my property.
[ have read this Wai�er and Release and f�lfy understand its terms and canditians. I have not
been influenced in any extent whatsoever by any re�resentation or staternents not contained in
this Agr�ernent. l hereby acknowledge fhat this Waiver and Release �s given in consideratio� of
Signature Date
Witness
18
�'ity of .�o�t �'orth, Texas
����� ��d ��r��ci� ����r���c��i��
DATE •� REFERENCE NUMBER LOG NAME PAGE
9/24102 **�e� g��$ 52COLLECT 1 of 2
SUBJECT INTERLOCAI. AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
PARTICIPATION AT THE ENVIRONMENTAL C�LLEGTION CENTER
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute interlocaf agreements
with various municipalities/�ntities for participation at the Environmental Coliection Center.
DISCUSSION:
The City's Environmental Collection Center is now in its sixfih year of aperation collecting hausehold
hazar�ous waste from the citizens of Fort Warth and surrounding comm�nities on a year round basis.
In order . for non-Fort Worth citizens to participate at the En�ironmental Callectian Center, each
municipali�y is requir�d to enier into an inierlocal agreement with the City of Fort Worth.
The rate p�r hor�sehald for the period covered by t�ese agreements (Octaber �, 20�2 through
September 30, 2003) is $�D.00. The decrease in the rate is due to receipt of a grant firam the Narth
Central Texas Council of Governments that will provide $154,000 for disposal costs during FY2002-
2003. It is anticipated tha# approximat�ly $420,000 wifl be callected under these agreements. During
FY2001-20a2 twenty-six area communities signed par�icipation agreements with ihe City of Fart Worth.
For the upcoming year we expect all of th�se communities to participate anc[ have had interest
expressed by six athers. �
This agreement outlines the responsibilities of each party, establishes the rate for participatian, and
delineates the usag� of service .marked, pu�lic education material. The City of Fort Worth is
responsible far a�erall operat�on afi the Environmentaf Collection Center ihcfuding contracting with a
hazardous waste disposaf company for transportation � and disposal of materials coliected. The
following entitie5 have expressed an interest ("} or are ex�ected ta cammit to participation far the period
October 1, 2002 through September 30, 2003:
Arlington
Benbrook
Gleburne
Euless .
Haltom City
Kennedale*
Narth Richland Hills
Roanoke*
5tephen�ille
Upper Trinity Regional Water District
White Settlement*
Azle
Burleson
Colleyville
Grand Prairie
Hurst
Mansfield
Rich[and Hills
Saginaw
Traphy Club*
Venus
Willow Par�C*
Bedford
Cedar Hil]
Everman*
G rapevine
Keller
Newark
Ri�er Oaks
So�thlake
Un-incorporated Tarrant Cflunty
Watauga
C`ity of �'o�t Worth� T'exas
JJW�a��� ��d ��r�r��iG� ��r����ic�rti��
DATE � REFERENCE NUMBER LOG NAME PAGE
9/24/02 **�d� 9��� 52CDLLECT 2 of 2
SUBJ�CT INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPALITIES �OR
PARTICIPATI�N AT THE ENVIRONMENTAL COLLECTION CENTER
FISCAL 1NFORMATI�NICERTIFICATION:
The Finance Director certifies that the Environmental Management Department will be responsible for
the colleciion of funds due under these agreem�nts.
LW.n
Submitted for City Manager's
Of�ice by:
6183
�UND � ACCOUNT
(to}
Rio� ass�2o
CENTER I AMOUNT
o�211aa
Libby Watson
Originati�ng Departcnent Head:
Brian 13oerner
Additional Enformation ConEac#:
8479 � (frorn)
CITY SECRETARY
� APPROVED 9/24/02
Brian Boerner $079 �