HomeMy WebLinkAboutContract 28034/
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INTERLOCAL AGREEMENT F�R PaRTIC[PATION fN FORT WORTH'S
ENVfiRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered inio by and between the City af Fort Worth, Texas, a ham�-rule
municipal corporation situated in Tarrant and Denton Caunties, Texas, here9nafter called "l��rt
Worth," acting herein by and tnraugh �ibby Wafsan, its duly a�fhorized Assistant City Manager,
and ��. � h,� �, . fi. a municipality si#uated in � Y �� ,, t" , Texas,
�tereinafter called "ParEicipating Ciky," acting herein by and through _��, I,,k 1-�i#s duly
authorized i`] a �1 - � .
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WITNESS�TH
WHEREAS, Texas Gov�rnment Code, Chapt�r 791, authorizes #h� formulation ofi inferlocal
coaperation agreemenfs befween and amang Iocal gQvernments; and
WHEREAS, Texas Government Code, §791.Q1 � pravides that a Eocal government may contract
wit}� another #a perform gavernmental functions and servic�s, and §791.Q03(3)(H) def�nes tiruaste
dispasal as a gavernmenta! function and service; and
WHEREAS, Texas GoWernment Code, §791.02� pravides that a local government may agree
with another focal go�ernment to pu�ehase services; and
WHEREAS, �ort Worth and Participating City desire to enter inta an interlocaf agreemen#
wnereby Fcart Worth will purchase the services of a waste disPasallrecycling firm ar firms and
will adminis#er a househoid hazardous wasfe collection program; and
WH�REAS, Fort Worth and Parficipating City mutually desire ta be subject ia the provisions af
T�xas Government Cad�, Chapter 791, a[so known as the Interlacal �ooperation Act.
NOW THEREFORE, it is agreed as follows:
'1.
DE�'INITiONS
A. Unless a pravision in this Agreement explicit�y states atherwise, the �allowing terms and
phrases, as �tsed in this Agreement, shal! have tne meanings hereinafter designated.
Aet of God means ar� act occasioned by the direci, immediate, and exclusive operat9on
of the far�es of na#ure, uncantralled ar �ninfluenced t�y tt�e powe� of humans and without
human intervention.
Biif of Ladin4, lists the contents of the mobile collection unit.
Environmentai Collecf9on Center lECCI means the City �f F�rt Worth De�artm�nt of
En�ieonmental Managemer�t facility bcated at 8�400 Bridg� S#reet, Fort Worth, Texas,
which is ta be used by Fort 1Narth for the aggregation of f�ousehald i�azardous wastes
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that ha�e been braught to the facility by participating cities' househofds for subsequent
recycling, disposal, and/or re�se.
E�vironmental damaues means all claims, j�dgments, damages, I0558S, penaliies, fines,
liabilities (including stricf liability), enc�mbrances, liens, costs, and expenses of
invest�gation and defense of any claim, whether ar not such claim is ultimat�ly defeated,
and of any gaad faith settlement Ar judgment, af whate�er kind or nature, contingent or
otherwise, matured or unmatured, foreseeable ar unforeseeabie, including without
limifafion reasonable atior�ey's fees and disbursemen#s and cansultar�t's fees, any of
which are incurred su�sequent to the execution of this Agreement as a result of the
handling, collection, transportation, storage, disposal, trea#ment, recovery, andbr reuse
af waste pursuant fo this Agreement, or the exisience of a violatiflt� of environmental
requirements pertaining to sarne, and including without lirnitation:
(a) Damages for persanal injury and death, or injury ta property or natural resources;
(b) �ees incurred for the services af aftomeys, cc�nsultants, contractors, exper�s,
laboratories and all other costs incurred in connection witi� the investigation ar
remediation o� suci� wastes ar violation of environmental requirements including,
b�at not limited ta, the preparatior� of aRy feasibility st�di�s or rep�rts or the
petfiarmance of any cleanup, remediation, rerr-io�al, respanse, abatement,
containment, cfosure, restoration ar moni#oring work required 6y any federal,
state or lacaf governmentaf agency or political subdivision, or otherwise
expended ir� connection with the existence of such wastes or v�ialatians af
environmenta! requirements, and including without limita#ion any attor�ey's fe�s,
costs and �xpenses incurred in enforcing this Agreement or callecting any sums
due hereunder; and
{c} Liability to any third p�rson or governmental agency to indemnify such person or
agency far casts expended ih connection with the items refer�nced in
su�paragraph (b} herein. .
�nviranmental raquirements, means all ap�licable present and f�ture statutes,
regulations, rules, ordinances, codes, licens�s, permits, arders, approvafs, plans,
autharizations, cor�cessions, firanchises, and similar items, of a!1 governmental agencies,
departments, commissions, baards, bureaus, or ins#rumeniafities af the United States,
states, and pflCitical subdivisions tF�ereof and all applicabfe judicial, administrati�e, and
regulatary d�crees, jUdgments, and orders relating to the pro#ection of human healtY� or
the environment, including without limitation:
(a) All requirem�nts, including but n�t limited to those pertaining to repor#ing,
licensing, permitfiing, investigatian, and remediation Uf �17115510n5, discharges,
releases, or #hreafened refeases of hazardous materials, pollutants,
con#aminants, or hazardous or toxic substances, materials, or wastes whether
solid, liquid, or gaseaus in nature, into the air, surface water, groundwater, storm
water, or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, ar handling of pollutants, contaminar�ts, or
hazardous or toxic substances, materials, or wastes, w�ether solid, liquid, or
gaseous in nature; and
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(b} All requirements pertaining ta #he protection of #t�� heaiti� and safety of
employees or the public, .
Force maieure means decress o# or restraints by a governmentaf instrumentali#y, acts of
Gad, worl� stoppages due ta labor d9sputes or sfrikes, failure of Fort Worth's
contractor(s) to perForm pu�suant to th�ir agreements with Fort Worth fflr fhe canduct of
the coliection of nousehold hazardous waste, f�res, explosions, epidemics, r�ats, war,
rebellion, and sabotage.
H�usehald hazardous waste fHHW) means any �o1id waste generated in a household by
a consumer which, except for the exclusion provided for in 4Q CFR § 261.4(b){1 }, would
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means th� unifarm hazardaus waste manifest form(s) furnished by the TNRCC
ta accompany shipments of municipal hazardous waste or C1ass 1 industrial salid waste
for waste transported ta a site in Texas, ar the comparable manifest of t�e recei�ing
state if the waste is transported out of Texas.
Mobile co�lection event means a household hazardous waste collectian �vent by
Participating City utilizing a mobife collection unit.
�ort Worth Mo�ile collectian unit (NiCU� means a nan-self-propelled vehicle used for the
periadic collection nf household hazardaus waste by Participating City, off-sit� of the
�CC, r+v�ich is transported ta the ECC to dispose ofi the househald hazardous waste
collected at ti�e mobile collection event. The Fart Warth Mobile Ct�Ilection Unit is
designed to hc�1d the hazardous vvaste of approximately 50 to 75 householc�s.
Participatin� Cities, when used in the pfural, means Fo�# VVorth, Participating City, and a1i
ather entifies which have en#ere� into int�rlocal agreements with Fort Worth for the ECC
household hazardaus was#e collectian program.
Person means an individua[, carporatian, oTganization, governmenf, or gavernmental
subdi�ision ar agency, busir�ess trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is cie�ned in Texas Health
and Safety Code §36�.OQ3, and inelue{ing hazardous substances.
B. Uniess a prov�sion in this Agreement expficitly stat�s atherwise, the fallowing
abbreviations, as used in this Agreem�nt, shall have the meanings hereir�afte�
designa#ed.
CERCLA - Camprehensive Environmental Respons�, Compe�sation, and Liability Act.
CPR - cardiopulmonary resusciiation.
DOT - Uni#ed States Department af Transportatian.
ECC - En�ironmental Callectian Center.
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�PA - United States.Environmental Prot�ctian Agency.
HAZCAT - hazardaus categorization.
HAZWOPER - hazardous wasie aperations and emergency response.
HM - hazardous materials.
HHW - household hazardaus waste.
MCU - Mobile Collectian Unit.
2.
PURPOSE
The purpose of this infierlacal agreement (hereafter "Agreement"} is the provision af services by
Fort Worth to Participating City whereby, subject to the ferms and conditions specified below,
Fort Worth will admir�ister and supervise a regional household hazardous waste collection
program, which wiEl be available to ha�tseholds within Participating City.
3.
TERM
This Agreement shall be effective firom the dafe the last party has signed this agreement
through Se�tember 30, 2003.
4.
S�RVICES OF FQRT WORTH
Fart Worth agrees to perform the following servic�s for Partici�ating City in connectian with t�e
ECC household hazardous waste collection program:
A. Fart Warth wifl administer a regional househald hazaTdous waste collectian program.
This pragram will include ihe operatior� af the Environmental Collection Center, which
wifl accept for disposal andlar recyc�ing hausehold hazardous waste from households
loca#�d within Participating City. Fo�t Wor�f� shall not accept compressed flammable gas
containers; radiaactive materials; explosives or patentially shock sensitive materials;
biologieal, etiologic, and infectious materials; wastes from businesses; and any other
wastes that Fort Worfh has determined are unacceptable.
B. Fort Wor#h will employ or retain personnel #o provide the s�rvices necessary to perform
Fort Wart�'s abligatio�s in this Agreement.
C. Fort Worth will �nter into a contract(s) with waste disposaflrecycling firm(s) for the
handling, coflection, transporta#ian, s#arageT disposal, trea#m�nt, recovery, a�dlor reuse
of household hazardous waste, which is colfected at t�e ECC.
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D. �ort Worth will, if requested in writing by Participating City, provide Participating Ci#y with
copies af waste manifests fior shipments of waste from the ECC.
E. Fort Worth wilf, if requested in writing by Pa�ticipating City, prov7de Participating Ci#y a
monthly r�port of the Participating City's housef�olds who dis�ased of hnusehoEd
hazardaus waste at the EnviranmentaE Collection Center or a MabiEe Co[lection Event.
�. �ort Wortn will issue a report and a 6ill at the end af each quarter detailing the numb�r of
Participating City's househoEds that disposed of household hazardo�s waste at the
Environmental Callectian Center or at a mobile coflection event.
G. Fort Wor�M will act under this Agreement in accordar�ce with all applicable state and
federal Caws.
H. Non-Fort Worth Mo6ile Caliectian Unit
9. Fort Worth agrees to accept housenald hazardous waste from Participatir�g City's
MCU in accordance with Secfion 5, af this agreement.
2. Fort Warth agrees to restock the Etems it removes from Participating City's MCU,
however, Fort Worth shatl only restock items listed 9n Exhibit "A", attached and
incorporated h�rein as if set forth. �
Mobile Colfection Events —Usina Fort Worth's Unit
1. If Pariicipating City wou�d like to schedule a mobile collection event with
the Fort Worth Mobife Coilection Unit, Far� Worth will send Participating
City a list of a�ailable dates. Participating City wi[I contact �ort Worth as
soon as p�ssible to schedule the date, iime and lacation agreeable to
both parties.
{a} Location
If Participating City chaoses to hold fhe Mobile Collectian Euent on
private property, Participating City shall abtain a signed waiver
from the owne� of the property 1 week prior ta the e�en#. The
waiver shall be in the form of �xhibit B or similar form approved by
Fort Worth. The signed waiver must be sent to Fort Warth 1 week
before the Mobi�e Collection Event. If the signed waiver is nat sent
to Fort Worth '[ week before the Mobile Colfection E�e�t, Fort
W�rth will nat send tne Fort Worth Mabiie Collec#ian Unit to the
event and Participating City wi11, in no event, be entitled to any
damages af recavery of any casts, except as provided herein.
(h) Avai�able Dates
Participating City acknawledges that Fart Warth contracis with
other municipalities and that Fart Wo�th wi11 be accammadating
each Participsting City's request on a first come first served basis.
Therefc�re, Participating City acknawEedges tha# its chosen date to
sc�edule a mobile collection e�ent may be reserved by another
Cify and Participating City will have to chaose another date.
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Par�icipating City will, in no event, be entitled to any damages or
reco�ery af ar�y costs, except as pravided herein.
2. At the Mobile Collectinn �vent, Participating City acknowledges and �grees that
Fort Warth shall accept haus�hold hazardaus waste from the first 50 hauseholds
that show proof of residency at the Mobile Callection Event. After the first 50
hauseholds, Fort Warth will determine in its sole discr�tion haw much more
wasie it can accept and stor� praperly. if mo�e haus�h�olds arrive at the e�ent
than Fort Worth can accept, �'arkicipating City will in no event be entit[ed to any
damage of recavery of any costs, except as provided herein.
3. Due to the lack of storag� space at the ECC, Par�icipating City acknawledges
and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobife
collection event, a Participating City's Non-For# Worth Mobile Collectian Unit shall
nat also be at the event.
4. City, in its sole discreiion, will deiermine whether fo ser�d the �ort Worth Mobile
Cvllactian llnit to Participating City's Colfection Event during adverse weather or
the threat of adverse w�ather including but not limited to s[eet, snow, rafn, mist or
hail. In the event Fort Worth deterrr�ines not to send the Fart Worth Mobile
Col�ection Unit, For# Worth shall notify persons listed in Sectifln 5, Paragraph A
and shall send a Fart Worth employee #a the Participating City's event to tell any
residents ihat come to dispose of household hazardous waste; '�) tha# the Fort
Worth Mobile Calleciion Unit will not be coming to th� event, and, 2) that the�
resident can go to th� ECC to dispose af the waste and pro�ide a map to the
�CC.
5.
DUTI�S Q� PARTICIPATING CITY
Par#icipating City agrees ta perfarm the following duties in conn�ction with th� househald
hazardous waste callectian program:
A. Participating City will d�signate ane of its employees, and anotner as an alternate, #a act
as its household hazardous waste collection caordinafor to interact with Fort Wor�h.
Designated person is: G�r � 1� w I`� G�`'I� �, w__ teiephone number: �Pi 7- 2�1 Q� 3 c) ��
Pager numb�r or 24-hot�r numbkr where he or she can he r�ached:
Aiternate person is � N� M, ,�- �1 te�ephone numb�r: � h- 2`I �' - �+ U
Pa er number ar 24-hour n mber wh re he or she can be reached: �7-6��' 9-�a�
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B. Participating City will coordinat� and fund afi program adverfising target�d to its own
citizens, as it deems r�eeessary. Such advertising shail include the type af wastes that
will be accepted at the ECC, the requirement of proof of r�sidency and weather
canceliation information.
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C. Participating Ci#y shall notify its residents of the ECC hours of operatian and dates it is
closed as provided in Section 9"Tne Environmental Collection Center Hours of
Operatio�." ,
D. Participating City may choose to utilize a voucher system �For its residents in order for
them to bring HHW to fhe ECC. lf Par�icipating City chooses to use such a system, it
shall notify Fort Wo�fh af the decision, and shalf provide Fori Worth wiih a copy of the
official voucher. �n addition, if a citizen from a Participating City that utilizes a vouc�er
system comEs to the ECC or a mob9le collection event withflut a voucner, Participating
City ackr�owledges and agrees that Fart VVorth will not acc�pt tt�e househald hazardous
waste until Participating City au#horizes the acceptance in writing.
E. Partieipating City may submit a written request for a monthly repor� fisting the number af
its city`s househofds that have disposed af househald hazardous waste at the �CC or a
mobile collection event.
F. ParEicipating City shall provide traffc control and signage for the mobile colfection
events, and shall pravide personn�l to assist Fort Vllorth wiih the survey �nd� screening
of persons dropping off ho+�sehold hazardous waste. The parties prior #o the event sf�all
agree upan the detaifs of the traffic con#rol, signage, and personnel assistance.
G. Participatin� Citv's�Mobile Collection Units Callectina Household Hazardous Waste
Participafing City sha11 advise the ECC program manager at least 72 hours in
advance of its mohile col�ection events. Participating City shall collect only HHW
during a mobi�e callection event. Wastes from commercial, agricufturaf, and
industrial sources shall not be acce�ted. Participating City shall not accept
campressed flammable gas containers; radioactive materials; explosives or
potentially shock sensitive materiaEs; biological, etioln�ic, and in#�ctious
materials; and any other wastss tt�at Fort Worth has determined are
unacceptable.
2, ln accordance with the latest DOT requirements, Parficipating City's MGU
operators wil[ properly categorize, package, mark, label, and laad into the MCU,
a�� wastes reeei�ed at the mobile colfection event. Recycla�le products (used oil,
used ail fiEters, la#ex paint, recyclable anti-freeze, lead-acid bafteries, artd
fluorescent lights) will be segregaied into containers for recyclabfes.
3. After accepiing wastes, Participating City`s MCU operatars sha�l thorough�y
check each container for pr�per labeling and identificaiian. If a cantainer is
properiy identified, the material will be segregated accarding io hazard class and
prepared for packaging. If a container does not have adequate labeling to permit
identification, the MCU operators shall then attem�t to identify the material from
its physical chaTacteristics using HAZCAT analysis and from informaiion pravided
by the household presenting fhe waste.
�4. The Participating City's MCU operators shalf package all hazardous mat�riaCs in
accordance with United States Department of Transportation (DOT)
requirem�nts, United States Enviranmeniak Protection Agency {EPA)
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requirements, and a{( other appl9cabfe federal and state requirements. After ail
the wastes have been prop�rly identifed and segregated, the MCIJ operatars wi11
reexamine the wastes far campatibili#y, list them on fhe container content sheets,
ar�d pack them inta drums. Oil-bas�d �aints and latex paints shall be bulCced
separat�ly in 55-galbn drums, or if the paint is left in its container, the p�int can
be packed in a lined cubic yard box, and packed and labeled according to federal
and state reguiations. Participating City shall not transpart waste that is not HHW
to the ECC. Participafing City agrees to make i#s own arrangements to dispose af
any non-HHW waste collected at the event.
5. I'rior #a transporting th� HHW firom the collection ev�nt site(s}, Participating City's
MCU operators shall complete a�ifl of Lading, and shal[ keep the Bip of Lading
in the cab of the truck hauling th� MCU during transportation of the HHW to the
ECC. Participating City shaH require fY�a# a minimum of one copy af ti�e la#est
North American Emergency Response Guidebook be kept w�thin the cab of the
truck.
6. During transpartation, �articipating City's MCU operators shall placard the MCIJ
for transpor�ation af hazardous waste in accc�rdance with feder�l and stat� 1aw.
7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall
foIlaw the instructions af Fort Worth regarding the plac�met�t of the MCU for
unlaading. �ort Wort� shall taKe possessEon of the MCU from Participating Gity
after the MCU has b�en properly parked for unloading in accordanc� with Fort
WorfE�'s instruetions ar�d a[I required documents have been delivered to ths ECC
program manager or his desfgnee at the ECG. Fort Worth shall, uvithin a
reasanable amount of time, unload ihe HHW from f�e non-�ort Worth MCU and
sfore the HHW at the ECC.
8. If Fori Worth, in its sole discretian, determines that Participafing City's MCU
operators improperly packaged any of the HHW d�li�ered to the ECC, Fort Worth
shall repackage such waste, and Parficipating Gity shall reimburse Fort Worth as
setfortM in Section 1�., Paragraph B.
9. If a spiN occurs af the �CC while th� MCU Es still in Participating City's
�o5Se55►oC1, Fort Wor#h shall take control of the spill respanse and Par�icipating
City will reimburse Fort Wortfi� far its response costs as set farth in Sec#ion 10.,
Paragraph C.
6.
US� QF WAST� DISPOSALIRECYCI.IIVG FIRMS FOR HOUS�HOLD HAZAR[70US WASTE
A, Fork Worth will enter inia a contract(s} with waste disposallrecycling firm{s} for the
handling, collection, transportatian, storage, disposal, treat�nent, rec�very, andlor reuse
of household hazard�us waste, which is collected at t�e ECC.
B. 5uch firm(s) shall E�e required pursuant to the contract(s) to assume generator s#atus for
the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a
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disposal site fflr the waste subject to Fort Wort�'s approval, and to indemnify Fort Worth
and participat9ng ci#ies against any and af[ environmental damages and the violation of
any and all env3ronmental requirements resulting from the handling, eollection,
transpartafion, storage, disPosal, treatment, recovery, ar�dlor recycling of waste collected
pursuant tr� this agraement, when said environmentaf damages or the �iolafion of said
en�ironmentai requirements was tf�e result af any act or omission of cor�tractar, lt5
officers, agents, empfayees, ar subcontractars, or the joint act ar omissiQn ofi cantractor,
its officers, agenfs, employees, ar subcontractors and any other person or entity.
C. iH� �ARYI�S RECOGNI�� iHAi ALT'HOl1�H TH� �1RM �S} VqlILL �� R�QUIFt�I]
i� ASSUiUI� GENERAiOR STA`�US� iH�S ASSUf�Pi�01� Villl�� fVOi R��I�IIG
PA�t�'ICIPAiIP�G CITY O� LIAB1�1'TY FOR iH� WAS�� 11NDER FE��RP►� �A11�
AN� STAi� LAW. Fort Warth wiEl arrange fvr recycling vendors far used oil, batteriss,
antifreeze, and other materials, as it d�ems appropriat�,
7.
REUSE OF COLLECTED MATERIALS
A. F�om time-to-time Fort Warth will make available to residents an� businesses of Fort
Warth, as w�ll as, Participating City and residents and businesses of Participating City
for their use, collected t�ausehold hazardflus .waste materials that are suitable fo� r�use,
such as paint, fertifizer, motor oil, and antifreeze. �ort Worth shall nat charge far any
materials that are picked up for reuse.
B. Some materials made available for reuse may have been consaEidated and filiered by
�ort Worth prior to being made avaifable. Used antifreeze will have been cansolidated in
a barrel, filtered, and pH bafanced, and new antifreez� may have been added to the
barreE.
C. In regards to mater9als accepted by Participating City, FORY WO�iH MAKES I�O
REPR�SENiATI�NS, WARRAWTI�S OR GUARANTIES iHAT:
1, the container cantents are what the �abe� in�icates;
2, the container contents are those originally placed into the container by the
manufaciurer;
3, the product is of the qualiiy intended for its use;
4. t�e contents of the container Ytave been sfor�d praperly;
�. t�e instructians on the container labe� fnr use, storage, and first aid are current or
correct;
6. the container is in unimpaired condifion;
7, tt�e product is sfill approved for uss {i.e., it �as nQt been �anned or recalledj; and
8, the product can be us�d without risk ta persor�s, prop�rty or the environment.
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FIJRTHERM{?R�, Al.� WARRAi�71�S, �XPRESS AN� IMP�I��, AR�
SPECi�ICALLY ��NI��.
D. Partici�ating City shall contact the ECC program manager to arrange a pickup time ta
obtain materials. Participating City agrees that it shall nat return ta �ort Worth, directly or
indirectly, any materials it obtains from Fart War�h under #his paragTaph.
�, ild R�CARDS TO fl�ATERIALS ACCEPTE� �Y P/iRTIC1�AiINC CITY,
PARTICIPATINC CITY DO�S HEREBY WA1V� AL� C�AI�VlS, IMCLUDINC
PR09lJC�'S �.IABII�ITY CLAIMS, AN� REL�ASES, AND HOL�S HARfV���SS TH�
CiYY O�' FORT WORThi, AN� ALL O� I�S �FFICIALS, OFFIC�RS, EM�LOY��S,
AG�IV�S, AN� VO�tJiVTEERS, IN BOTH THEI� pUB�IC �4Rl� �R1VAT�
CAPACITIES, FROiV� AfVY AN� A�.L LIA�ILITY, CLAIMS, 5U[iS, �gIV�ANDS,
�XPEMS�S OF LITI�ATION, OR CAUSES O� ACT10N WHICH MAY ARI�� BY
REASON OF IMJURY TO PERSON�, LOSS O� PROP�RiY, �7AMAC� T�
PROPERTY, OR LOSS OF USE �� AIdY PROPERYY , OCC�►SI�N�� BY iH�
TRANSP�RTATtON, STORr4G�, HANDLING, 115�, AND I]ISPOSA� BY
PARTICIP�►T�NC CITY O� ANY iVIATERIALS ACC�PTED BY P�►RiICIPAYIRlG CIfY
UND�R iHIS AGR�EF�ENi FRONY FORY W�Rib.
F. In regards .to materiaEs accepted by residents ar businesses of Participating Cities,
FORT WORTH FV�AK�S NO R�PRES�IdTAi�ONS, INARRANTI�S �R GUARANiI�S
THAi:
�, the contair�er eflntents are what the label indicates;
2, the container contents are those ariginafly placed in#o ti�e container by the
manufacturer;
3. the produc# is of the quality intended for its use;
�. the contenis of the container have been stared properly;
5. the i�sfructions an the container label for use, storage, and first a9d are current or
correct;
6. the container is in �nimpaired candition;
7. the product is stiA approved for use {i.�., it has not been banned or recalled); and
8, the product can be used without risk to persons, prap�rty or the enviror�m�nf.
FURTHERMORE, AL� WARRANTI�S, EXPRESS AN� IMR�.I��, AR�
SPECiFIC�►LLY DENI�D.
G, Participating City shall attempt ta inform i#s residents and businesses tha# if they go to
the �r��ironmental Collec#ian Center to pick up household hazardous waste for reuse, a
release of �iabiiity must be signed to accept the household hazardous waste for reuse.
10
8.
RIGHT TO REFUSE WAST�
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the
ECC from Participa#ing City's resident and to eject such individual from the premises of the
ECC, if in the reasonable judgmeni af Fort Worth:
A. The waste is not hausehald hazardo�s waste;
B, Tne waste faiis to meet other established criteria established by this Agreem�nt, or that
have been established by �ort Worth su6sequeni to the execu#ion of the Agreement;
C. The individual does not have sufficient identification to establish that helshe is in fact a
resident af Parficipating City;
D. Participating City has imp�emented a �oucher system for its residents to dispose of
waste, and the individual does not have a valid vaucher; or
E. Th� wasfe ar fhe individual presen#s a hazard ta the ECC or to persons or property at
the ECC. �
9.
E�IVIRONMENTAl. COLLECTION CENTER HOURS AND DAYS ,
OF OPERATION
A. Hours of �p�ration
During the term of the agreement, the ECC's ho�rs of aperat9on are as follaws:
Thursday and Friday 11 :00 a.m. -7;4Q p.m.
Saturday 9:00 a.m. -3:00 p.m. �
B. Days the En�ironmenial Callecfion Center will be closed
During the term of #he agreement, the ECC will be closed on the fo[lawing days:
Thanksg�ving Holiday, November 28 -2S, 200�
Chrisfmas Holiday, December 25, 2L1D2
January 9, 2003 through .lanuary Q8, 2043, for cleanup and repairs
M.L.K. Day January 20, 2003
Memorial Day, May 26, 2a03
Independence Day, .1uly 4, 2Q03
Labor Day, 5epfember 1, 2003
C. Natifying Residents
Participating City agrEes to notify its residents of the ECC's hours of aperation and dates it will
be closed. Partici�ating City may adver#ise fhe 24-t�our Environmental Callectio� Cenfer
11 ,,��7*. , - - - � � -�.t
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telephone number to give its residents th� Environmenta[ Coflection C�nter's hours. TF�e
number is: (897} 87T-5257.
10.
COMP�NSATIOI�
As fair compensa#Ron for the services provided by Fort Wor#h pursuant to this agreement:
A. Participating City agrees to pay �ort Worth the sum of $ 50.00 per household per visi# to
the ECC or per housenald far' participaiion in a Mobil� Co[lection E�ent to dispvse of
house�old hazardous waste.
B. If Fori Worth determines fhat Participating City's MCU operator5 impro�erly packaged
any of the HHW delivered to the ECC, �'orf Worfh shall repackage such wasi�, and
� Participating City shall r�imburse Fort WoriF� for it staff time at $20.00 an hour and fh�
cosf of supplies. -
C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participating City's
possession, Fort Worth shall take ccrntrc�l oi' the spi�l respanse and Participating City will
reimburse �ort Worth for its response casts of $60.OQ per hour staff time and fhe cost of
supp�ies,
D. The amount due to Fork Worth for services provided under this Secti�n, Paragraphs A,
B, and C, shall b� billed #o Parficipating City quarterly. Participafing City shall pay Fort
Warth within 3Q days of receiving a bill from ForE Warth. If �'art Warth daes not �eceive
paymenfi within 30 days, Fort Worth shalf infarm Participating City i� writing that it wil! not
accept any household hazardous waste from Participating Ci#y's residents and that Fort
Worth will nat participate in a ma�ile callection event or prov�de a mobife collection unit
until paid. �
E. At the end of th� term of this Agreement, Fort Worth sha11 provide a final accaunting tt�
Participating City, which will includ� tha total number of Participating City's �ouseholds
which participat�d in the program, repackaging fees, if any, and the total cost af spill
response charged to Participating City, if any.
F. F'ursuant to the requirements of Go�ernment Code §791.011 (a)(3}, the amount due to
�ort Worth ur�der Subparagrapt� D. above shall be paid from revenues currer�tly
available to Participating City in the present fiscaf year.
92
11.
ARTWORK, "CAPTAIN CREJD AND 7H� CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGR�EMENT
Fflrt Worth is the owner o# "Captain Crud" ar�d the Cruddies ("Bloomer," "Otfa," "Pest�e,
"Scrub," and "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore all
av►vnersl�ip rights belong ta Fort Warth, Forf Worth has registered these marks as service marks
with the Secretary of Staie.
A. Fort Worth hereby grants io Participating City a non-tr�nsferable, non-exclusive license
to use afl tf�e ariwarlt and promotional materials that may be provided by Fort Worth to
be used sfllely in the conduct o# the business of Participating City's dispasal and
recycling of household hazardaus waste programs. lf Par�icipating C9ty wisE�es to use to
ticensed Art andlflr Promational Materials in other limited situations, Parkicipating City
must firsf obtain express written consent from Fort Worth.
B. Fart Worth may �rovide ficensed Artwork and Promotional Materials to Participating City
pursuant to the ferms of this Agreement. Partici�afing City acknowledges that by �irtue
of this License, Participating City acquires only the right ta use the ariginal and permitted
duplicate copies of the �icensed Artwork and Promotional Materials and does not
acquire any rights af awnership in the Licer�sed Artwark and Promatianal Materials,
w�ich rights shall remain exclusiWe[y with Fort Worth. If Parficipating Gity wants to modify
ar change fhe arfwork andlor promotional materia�s in any manner, Participating City
hereby agrees to contact I�art Warth in wrifing to obtain written co�sent befare modifying
or changing any artwork andlor promotiona] materials.
C. If Participating City desires an actar ta por�ray "Captain Crud'° for an event, Participating
City shall use actors appraved by Fort Worth to portray "Captain Crud" since "Captair�
Crud" is Qwned by Far� Worth. Participating City shall be solely responsible for
cflmpensating acior for the services provided #o Participating City. Participa#9ng City will
eontact Fork W�rth as soon as passible with the date and #ime of the eveni agreeabfe to
both parties fo obtain approva� for the chosen acior and t� request and pickup tF��
"Captain Crud" costume for its events. Fort Worth will provide the "Captain Cruci"
costume. However, Participating City agrees ta be fiable to I�art War�h for any damage to
the castume or if Participafing City fails ta return the entire costume to Fart Vtlorth or if
the costum� is not retumed in the same condition as received.
12.
1MMUNITY
It is expressly understood and agreed that, in the execution of tt�is Agreement, none of the
part9cipating cities waives, nor shal! be hereby deemed ta waive, any immunity or defense that
would otherwise be availabfe to it against claims arising in the exercise of governmental pawers
and functions, and that the services described in this Agreement are a governmental func#ican.
i � .. - -,,�
13 (
i
;
13.
FORC� MAJ�URE
A delay or failure af 1=ort Wartn to p�rfarm services pursuant to this Agreement shall b� excused
io the extent that the delay or failure to perfot`tn resulted firom a force majeure event, and the
delay or tailure was b�yond the control of Fort Worth and not due ta its fauft ar negligence.
Participating City shal] n�t have, and hereby waives, any claim whatever for any damages
resulting from delays or failure to pertorm caused by a force majeure event.
14.
TERM1NA710N
The parties shall each have th� right to terminate the Agreement for any reasonT wifh or without
cause, upon thirty (30) days written natice tfl #t�e other party. Upon termination, the parties shall
be eEfeased from all contractuaf obligations to the afher party excCuding "U5E OF WASTE
D15PflSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARD�l1S WASTE" (Paragraph 6j
"REUSE OF C�LLECTED lIRATERIALS" {Paragraph 7) and "ARTWOaK, "CAPTAIN CRUD
AND THE CRUDD�ES," AND PROMOT�ONAL MATERIALS LICENSE AGREEMENT'
(Paragraph 11).
�5.
NOTICE
Any r�otices required to be gi�en under this Agre�ment sF�afl be deliver�d as follows:
If to Fort Worth:
Brian Boerner, CHMM, Direcior
Department of Environmer�tal Management
City af Farf Worth
10�0 Throckmorton
Fort Worth, Texas 76102
If to Parkicipatinq Ciiv:
j �l �t� n� A N
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(� �� ��_sK. 7�x ���z�
� s.
ENTIRETY
This Agresment contains all commitments and Agreements of the parties hereta, and no other
oral or written commitments shall have any force or ef�ect if not contained herein, except that
this Agreement can be amended or modified �y the parties if such amendment or modification is
in vvriiing and sign�d by participating City and Fort Worth.
1G
17.
SEVERABILITY
!n t�e e�erit anyor�e or mor� �of the provisions can#ainEd in this Agreement shall for any reasan
be held to be invalid, illegal, or unenfarceable in any respect, such in�alidity, illegaEity, ar
unenforceability shall not affec# any oiher pro�ision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenfafceable �rovisions had never been contained
herein.
18.
VENUE
Shauld any actian, real or asseried, a# 1aw ar in equity, arise out of the terms and conditiar�s of
this Agreement,.venuefor said action snaf) be in Tarrant County, Texas.
�9.
AIJTHORITY
This Agreement is made for Fo�i Worth and Participating City as an Ir�terlocal Agreement,
pursuant to Texas Government Code, Chapter 791.
20.
AUTHORfZATION
The undersigned officers andlor agents of the parti�s hereto are prnperly authorized officials
and have the necessary autF�ority to execut� th�s Agreement on behalf of the parfies he�etQ, artd
each party hereby certifies to. ihe ath�r that any necessary resolutions extending such authority
ha�e been duly passed and are naw ir� full force and efFect.
�, . ' II. jai��_� � ,;,��;���
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EXECUTED IN TR�PLICATE
CITY OF FORT WORTH
g�� � . � �,
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ti�by Watser�
Assistant Cit� M�n�.�ger
Date: -. � . -
- ,
APPROVED AS TO FORM
AND'LEGA�ITY:
��� ������
Assistant Cify Attor�ey'J
ATT ST: �
� ' ,�'�
G''lbria Pear n
City Secre ry
. �
_-�1�� �
Cantract authorization
�
�-�1bz
Date
���� ���� ��C�a��'.
�.� ������ �
,, I� �� r�,��� ��;:�ry �
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� • �� �� ��.w1r r•�[�
By:
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Printed name: �a�1�. ,� "�. �.��
Title: Mayor
Dat�: �.S-��
APPROVED AS TO FOR
AN L�GALITY:
r
r4:a�i���-�f City Attamey
ATTEST:
C' Se r�tary
16
f r
Exhibit "A"
R�S��C�If�G LISi FOR ib� �B�IL� ������Yl�t� UI�IY
Amount Restuc�ced
Amount faken off the
trailer
Amaunt taken aff the
traifer
Amount taken off the
trailer
{plastic) Ar�ount taken off fhe
� � #railer 4 �
55 gaflan drum liners
Ama�nt taken off the
trailer
5 gallon buckets
(filterslhaz chemicals} Amaunt taken affi the
trailer
Survey Forms
Amount taken off the
trailer
Labelsldrum placard
Amaunt taken off the
. trailer
Gaylord hoxes
Amnunt taken off the
traiier
Absorb�nt pads
Amount taken off the
irailer
Vermiculite
Amount taken off the
trailer
Oil dry
Amount taken off the
trailer
Prflmotional Materials
& Brochures Amount needed
i�aterial
55 gallon open tap
drums (open top for
loase packs)
55 gallon drums
{closed tap} {oil,
antifreeze, buik
flammabl� materials
and one extra)
Fiber drums (55 or 30
gal[anj Aerosols,
acids, bases and
oxidizers}
Gaylard box �iners
17
Special Needs
� �— �
� ���..
F �r �
� .
Remarks
1 �V V aslJ
ar���a�
�
Exhibit '�B"
WANER AND RELEASE OF LIABILITY �DR COLLECTION OF HOUSEH�LD
HAZAR�OUS WASTE
I being the awner of property located at
have been asked by the City of to al�ow a mobiie collectior�
e�ent on my praperty fo calfect i�ousehold hazardot�s waste on the , 2001.
In consideration af , f herek�y give my permission to the City of
to hold a ha�sehold hazardous waste coll�ctior� event on my
property in which the City of _ has asked the City of Fort Wort�t
to send ifs mobile callection unit tfl collect the household hazardaus waste fhat is brought to the
evenf.
Therefore, in consideration of , I hereby R�LEASE,
DISCHARGE, HOLD HARML�SS, INDEMNIFY the City of Fort Warth or its officers, agents,
and em�loyees and #he Gity of and its officers, agents,
andlor employees for any and all claims, demands, liability, causes of action, actions or suiis of
any characfer that I may have against the City af Fart Worth or its officers, agents, andlar
employ�es and the City of or its officers, agents, andlar
employees for any property foss or damage, for any and all persanal injury including death or
any other damage of any kind or eharac#er which may arises or #hat arises from a�lowing the
Ci#y af to hold a household hazardous waste callectinn event, �n
which the City of Fort War�h sehds its mobile collection unif on my property.
I ha�e read this Waiver and Re�ease and fully undersfand its terms and candifions. I have not
been infiuenced in any ex#ent whatso�ver by any representatior� or staternents not coniained in
this Agreement. I hereby acknowledge that this Waiver and Refease is given in considera#ion of
Sig nature
Witness
date
18
City of �'ort Worth, T'exas
i����r ��� ��r��+�i� ��r�r�r��f���i��
DATE Ft�F'ERENC� NIJMBER LOG NAME PAG�
9/24/02 **��� g�5� 52COLLECT I 1 of 2
SUBJECT INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
PARTICIPATIDN AT THE ENVIRONMENTAL COLLECTION CENTER
RECOMMENDATION:
It is recommended that the Ci#y Council authorize the City Manager to execute interlocal agreements
with various municipalitieslentities for participation at ihe Environmental Collection Center.
DISCUSSION:
The Cfty's Enviranmental Callectian Cenfer is now in its sixth year of operation collecting household '
hazardo�s waste from the citizens of Fort Worth and surrounding communities an a year round basis.
Ir� arder for non-Fort Warth citizens to participate at the Environmental Collection Center, each
murticipality is required to enter�Ento a� inierlocal agreement with the City of Fart Worth.
Th� rate per household for the period cavered by these agreements (October 1, 2002 thrQugh
September 30, 2003) is $50.00. The decrease in the rate is due to receipt of a grant from the North
Central Texas Go�ncil of Go�ernments that will pravide $150,000 for disposal casts duri�g FY2Qa2-
2Q�S. It is anticipated that approximately $420,000 will be collected under these agreements. During
FY2001-2002 twenty-six area communities signed participation agreements with the City of Fort Worth.
For the upcoming year we expect all of those communities t� participate and have had interest
expressed by six others.
This agreement outlines the responsibilities pf each party, esta�lishes the rate fior participatian, and
delinea�es the usage af service marked, public ed�cation material. The City af Fort Warth is
responsible for overall operation of the En�ironmental Collection Center incfuding contracting with a
hazardous waste disposal company far transportation and dis�osal of mat�rials collected. . The
fQllowing entities have expressed an interest ("`) or ar� expected to cammifi to participatio� for the period
Octob�r 1, 2D02 thraugh September 30, 2D03:
Arlington
Benbraok
Cleburne
Euless
Ha�tom City
Kennedale*
North Ricf�land Hills
Raanoke*
Stephenville
Upper Trinity Regionai Water District
Wh9te Settlement*
Azle
Burleson
Colley�ille
Grand Prairie
Hurst
Mansfield
Richlar�d Hills
Saginaw
Trflphy Club*
Venus
Willow Park*
Bedford
Cedar Hill
Everman*
Grapevir�e
Keller
N ewark
River Oaks
5outhlake
Un-incorporated Tarrant County
Watauga
�ity of �'o�t i�6�orth, T'exas
a��sr c��� ����ci� ���r���ic�ti��
DATE REFEREf�CE NUMBER LOG NAME PAGE
912�/02 **��� g��� � 52COLLECT , 2 af 2
SUBJECT INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
PARTiCiPATlO�I AT THE ENV[RONMENTAL COLLECTi4N CENTER
FISCAL INFORMATION/CERTIFICATION:
The Financ�e Director certifies that the EnvironmentaE Management Departm�nt will lie responsible far
the coll�ction of funds due under these agreements.
LW:n
5ul�mittcd far City Manager's
Offce by:
Libby Watson
Originatin� Degartment Head:
Bdan Boerner
Additional Ink'ormation �a�ntact:
I FUND I ACCOUNT
I (ro)
I R1Q3 488220
6183 I
�
8079 � (from)
CENTER � AMOUNT I CITY SECRETARY
0521100 �
Brian Bperner
8079
APPR�VED 9I24102