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INTERLOCA� AGREEMENT FOR PARTICIPATION IN FORT WURTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOi.D HAZARDOUS WASTE PROGRAM
THtS AGREEMENT is entered into by and betwe�n th� City of Fort Worth, Texas, a home-r�le
municipal corporation situat�c� in Tarranf and Denton Counties, Texas, hereirtafter called "Fort
Worih " acting here n�y and ihrough Libi�y Waison, its duly autharized Assistant City Manager,
and�'�.�. C�`f'y �� I-i�z�� „a municipality situated ir�`��rr a�`"r���4�- Cn„ Texas,
hereinafter cafled Partici�ating City, actir�g herein by and through�e.��� G�,� 11 �r� its duly
authorized �:�-'y �'�lt�a�,� �r .
Wli'NESSETH
WHEREAS, Texas Government Code, Chapter 791, autharizes the formulation of interlocal
caoperation agreements between and amflng �acaf governments; and
WHEREAS, Texas Government Code, §791.011 provides that a loca[ government may contract
with anot�erto perform governmentaE funct(ons and services, and §79�.�03{3}(H) defines waste
disposal as a governmental fi�nction and senrice; and
WH�REAS, Texas Go�ernment Code, §791.025 provides that a�acal go�ernment may agree
with another lacal go�ernm�nt to purchase services; and
WH�REAS, �ort Worth and Participating City desire to enter inta an inter[oca[ agreement
whereby Fart Worth will p�rchase the services af a waste disposallrecycling firm or firms and
will administer a household hazardous waste collectian program; and
WHEREAS, Fort Worth and Participating City mutually des[re to be subject fio the pra�isions of
Texas Gavernment Cade, Chapfer 794, also known as the Interlocal C�operation Act.
NOW THEREFORE, it is agreed as tollows:
1.
D��INITIONS
A. Unfess a provision in this Agreement explicitly states otherwis�, the fflllowing terms and
phrases, as us�d in this Agreem�nt, si�all have tF�e meanings hereinafter designated.
Act of Gad mea�s an act occasioned by the direcf, immediate, and exclusi�e operation
of fhe forces of nature, uncontrolled or uninfluenced by the pawer of humans and without
human interventEon.
Bill of Ladir�4 lists the contents of the mobile colEection unit.
Environmental Collection Center �ECC) means the CEty of Fort Worth Depar�m�nt of
Environmental Manag�rrsent facility located at 6400 Bridge Street, Fo�t Wart�, Texas,
which is to be used by Fort Wor�h for the aggregation af househald hazardous wastes
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that have been brought to the faciiity by participating cities' households for subsequent
recycfing, disposal, andlar reuse.
Enviranmenta! damaqes means all claims, j�dgments, damagas, losses, p�nalties, tines,
Iiabi�ities (incfuding strict iiability}, encumbrances, �iens, costs, artd expenses of
ir�vestigation ana defense of any claim, whether or not such claim is uf#imately defeated,
and of any goad faith sett�emenf or judgment, of wha#ever kind or nature, conti�genf or
otherwise, matured ar unmat�red, �Fareseeable or unfareseeable, including without
limitation reasonable aitorney's fees and disb�rsements and consultant"s fees, any af
which are incurred subsequenf to the executron ofi this Agreement as a resulf of the
handiing, cvliection, transportation, storage, disposal, treatment, recovery, and/or reuse
of waste pursuant ta this Agreement, or the existence of a ��olation of environmental
requireme�ts pertaining to same, and including without limitation,
(a) Damages for personaf injury and death, or injury to praperty or natural resources;
(b} Fees inc�rred far the services of attorneys, cor�sul#ants, carttractors, experts,
labaratories and al� o�her costs incurred in connection with the investigation ar
remediafian of such wastes or violafion of e�virar�mental requirements including,
buf not limited ta, #he preparation of any feasibi�ity s#ud�es or reparts or the
per�ormance of any cleanup, remediation, removaC, respar�se, abaiem�nt,
containment, clos�tre, restoration ar monitoring wark requir�d by any federal,
state ar local gvvernmental agency or political subdivision, or oth�rwise
expended in connection w�th the existence of suc� wastes or violafians of
environmental requirements, and including without iimitation any attorney's fees,
costs and expenses incurred in enforcing this Agreement or collecting any sums
due hereunder; and
{c} Liabifiiy to any third person or governmental agency to indemnify s�ch persan or
agency f�r costs expended in connectian with fhe items referenced in
subparagraph (b} herein.
�nvironmental reauirements means all appficable preser�t ar�d future statutes,
regulations, rules, ordinances, codes, lic�nses, permits, orders, a�pravals, plans,
aUthorizations, concessians, frar�chises, and similar it�ms, of all governmental agencies,
departments, commissions, baards, bureaus, or instrumentaiities of the United Stat�s,
states, and political subdivisions thereof and all applicab�e judiciaf, administrative, and
regUlatory decrees, judgmenis, and orders relating ta the pratection of human heafth or
the enWironment, inciuding without limitation:
(a) All requirements, inc�uding b�t nat limited to those per�aining ta reparting,
Iic�nsing, permifting, investigatian, and remediatiort af emissions, discharges,
releases, or threatened releases af hazardous materials, pallutants,
contaminartts, or hazardous ar foxie substances, materials, or wastes wh�t}�er
solid, liquid, or gaseous in nature, into the air, surFace water, grvur�dwater, storm
water, c�r land, or relating to the manufacture, processing, distrihution, us�,
treatment, storage, disposal, trans�ort, or handling of �ollutartts, contaminants, or
hazardous or �oxic substances, materiafs, or was�es, whefher salid, liquid, or
gaseaus in nature; and
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(b) All requirements pertaining to the protection of the healfh and safety of
employees or the public.
Farce maieure means �lecrees of or restraints by a go�ernmental instrumentality, acts of
God, work stoppages due to labor disput�s or strikes, failure af Fort Worth's
contractor(s) fio perform pursuant to their agreements with Fort Wor#h for the conduct of
the call�ction o� �ousehold hazardaus wasie, fires, expiosions, epidemics, riots, war,
rebe[lian, and sabatage.
Hous�hafd hazardous waste (HHWi means any solid wasfe generated in a hausehold 6y
a cansumer which, exce�t far the exclusion provided for in 40 CFR � 261.4(b)(1), would
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means #i�e uniform hazardous waste manifest form(s) furnished by th� TNRCC
to accompany shipmer�ts af mur�icipal hazardous waste or Class 9 industrial solid waste
for waste transported to a site in Texas, ar t�e comparable manifest of the �ecei�ing
state if the waste is transparted out af Texas.
Mobile col{ection e�ent means a household hazardaus wast� colfection event by
Participating City utilizing a mabile colfection unit.
Fort War�F� Mobile callection unit lMCU} means a non-self-propelled vehicle used for the
periadic collectian of household hazardous waste by Participating Ciiy, off-site of the
ECC, vvhich is transpo�ed to 'fhe ECC to dispos� of the hausehold hazardous waste
collected at the mobile col�ection event. The F'art Worth Mobile Collection Unit is
designed to hold the hazardaus waste o�f approximately 50 to 75 househalds.
Participatinq Cities, when �sed in the plural, means Fort Worth, Participating City, and all
other entities whicF� ha�e er�tered into interlocal agreements with Fort Worth for the ECC
household hazardous waste collection �ragram.
Persan means an indi�idua[, corporation, organization, government, or governmenta�
subdivision o� agency, business tr�st, partnership, association, ar any other fegal entity.
Waste has the same meaning as "solid waste" as that ierm i� d�fined in Texas Health
and Safi�ty Code §361.403, and including hazardous substances.
B. Unless a pro�ision in this Agresment explieitly siates �fherwise, the follow�ng
abbreviations, as used in thjs Agresmeni, shall have the meanings �ereinafter
designated.
CERCL.A - Comprehsnsive Environmental Respanse, Compensatifln, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Depar�ment of Transporiation.
ECC - Environmental Collectian Cenier. -
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EPA W UnRted States Environmental Pratection Agency.
HAZCAT - hazardous categar�za#ion.
HAZWOPER - hazardous waste operaiions and emergency response.
HM - �azardous materials.
HHW - f�ausehold hazardous waste,
MCU - Mabile Colfection Unit.
2.
PURP�S�
The purpose of this interlocal agreement (her�after "Agreement") is the provision of services by
F'art Wort� ta Participatir�g City whereby, subject to the terms and conditions specified �elow,
Fort Warth will adrni�ister and SU�]EI'Vf5$ a regional household hazardous wast� coflection
program, which wil� be available to households within Par�icipating City.
3.
TERM
This Agreement shall be effecti�e from the date the last party has signed tE�is agreemenf
through September 30, 2003.
4.
SERVICES OF F'ORT WORTH
Fart Worth agrees ta pertorm the following services for Participatir�g City in conn�ctian witn tne
ECC F�ausehald �azardous waste co�lection program:
A. Fort Worth will administer a regiona� househald hazardous wasfe collection program.
This program wil! includ� the aperatian ot the �n�ironmental Coilection Center, whicn
wi�l accept far.disposal and/or recycling househo�d hazardous waste from ha�sahafds
located within Participa#ing City. Fort Worth shall not accept compressed flammable gas
cor�tainers; radiflactive maferials; explosives or potentially s�ock se�sitive materials,
bialogical, etioEogic, and infectious materials; wastes fram businesses; and any other
wastes that Fort Worth has det�rmined are unacceptable.
B. For# Worth wilf employ or retain personnel to provide the services necessary to perfarm
Fo�t Wortt�'s abligations in this Agreement.
C. Fort Warti� wilf enter into a contract(s) wiih waste disposallrecycling firm{s) for the
handl9ng, collection, transpor�ation, storage, disposal, treatment, reco�ery, and/or reuse
of hntasehofd f�azardous waste, which is coflecfed af #he ECC.
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D. Fork Warth will, if requested in writing by Par�ici�ating City, pro�ide Participating Gity with
copies of waste mar�ifests for s%ipments af waste firam the ECC.
E. Fort Worth wiil, if requested in writing by Participating Cifiy, pravide Participating City a
monihly report of the Participating City's ho�seholds who disposed of household
hazardous waste af the Environmental Co�lecfiion Center or a Mobiie Collection E�ent.
F. F'or� Worth will iss�e a repor� and a biil at fhe end af each quarter detailing the number of
Participating Ciiy's ha�seholds that disposed of househofd hazardous waste at the
Envirar�mental Co�l�ction Center ar at a ma�ile collection event.
G. Fort Vllorth will act under this Agreement in accardance with all applicabl� state and
federal laws.
H. Non-Fort Warth Mobile Collection Uni#
1. Fort Wor�h agrees to accept household hazard�us waste from Participating City's
MCU in accordance with Section 5, of this agreemen�.
2. Fort Worth agrees ta restock the ifems it removes from Participating Ciiy's MCU,
hawe�er, Fort Worth shall only restack items �isted in Exhibit "A", attacF�ed and
incorporated �erein as if set forth.
Mobiie Collection Events --llsinQ Fart Worth's Unit
1. {f Participaiing City would Eike to schedule a mabiie colfection e�ent wiih
the Fort Warih Mobi[e Co�fection Unit, Fort Wor�h will send Participating
City a Iist nf available dates. Participating City w911 contact Fart Warth as
soon as passib�e t� schedufe the dafe, time and location agreeable to
both parties.
(a) Lflcation
If Participating City ci�ooses to hold the Mabile Collection Event on
pri�ate property, Par�icipating City shall obtain a signed waiver
from the owner of the property � week pri�r to the event. The
waiver shall be in the form of Exhi�it B or similar form approved by
Fort Worth. The signed waiver must be sent to Fort Worti� 1 week
betore the Mobile Collection Event. ff the signed waiver is not sent
to Fort Wor�h � weeEc before #he Mobile Coifection Event, Fort
UVorth wilf not send the Fart Worth Mob9f� Coll�ction Unit fa the
event ar�d Participating City wilf, in no event, be entit�ed to any
damages of reca�ery af any cQsts, except as provided herain.
(b) Avai[able Dates
Participating City acknawEedges that Fort Worth contracts with
ather municipalities and that Fort Worth will be accommfldating
each Participating Ciiy's request an a first came first served basis.
Therefore, Participating City acknowledges that its chosen date to
schedule a mobile collection e�ent may be reser�ed by another
City and Par�icipating City will have to cf�o�se another date.
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Participating C�ty will, in no event, be �nfitled to any damages or
recovery of any casis, except as provided herein.
2. At fihe Mobile Collection Event, Par�icipating C�ty acEcnowiedges and agrees that
Fort Worth shafl accept household �azardous waste from the �first 50 househofds
that show proof �f residency at the Mabile Collection Event. After the �rst 50
households, F'art Worth wil[ determine in its sole discretion how much more
waste ii can accept and store properly, If mare households arri�e at the event
than Fort Worth can accep#, Par#icipating City wil! i� no event be entit�ed to any
damage of recovery of any costs, except as pra�ided herein.
3. Due to the lack of storage space at the ECC, Participating City acknowiedges
and agrees that if it requests the Fori Worth Mobife Collection Unit at a mobile
colfectian e�ent, a Participating City's Non-Fort Wo�#h Mabile Coflec#ion Unit sha11
not also be at the e�eni.
4, City, in its sole discretion, will determine whefher to send the Fo�t Worth Mobile
Collection Unit to Participating City's Collection Event during adWerse weather or
the threat of atfverse weather including but not limited io sleet, snow, rain, mist or
hail. In the event �ort Warth determines not to send the Fort War�h Mobile
Callection Unit, F�r# Worth shall notify persons listed ir� Section 5, Paragraph A
and shall send a Fort WortF� employee to the Participati�g City's event fo tell any
residents that come ta dEspose of household hazardous waste; 1) t�at fhe �'ark
Worih Mobile Colf�ction Unit will not be coming ta the e�eni, and, 2) tY�at the
residenf car� ga to the ECC to dispose of the waste and provide a map to the
�CG.
5.
�UTIES OF PARTICIPATING C�TY
Participating City agrees ta perform the following duties in cannection with the houseF�o�d
hazardous waste collection program:
A. Participating City will d�signat� one of its employees, and another as an alternate, #o act
as its hauseho�d hazardous waste collection coordi�atar to interact with F'or� Worth.
Designated persan is: �cs��jy ��w� e C telephone number: C&j �,� -�1-3` J�� 1
Pager number or 24-ho�r n�mber wher'e he ar sh� can be reached; (�'�'7 )�1 ��l y• � 1
Alternate person is �� t� 5��,�T telephone number: �1? ���W�`��.,�
Pager number or 24-hour number where he or she can be reached: €��7 �dY -'� �
B. Participating City will coardinate and fund all program ad�eriising targeted to its own
citizens, as it deems necessary. Sueh adveriising s�all inc�ude the type of wastes that
will be accepted at the ECC, the requirement ot praof ofi residency and weather
cancellation information.
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C. Participating City shall notify its residents af fhe ECC hours of operation and dates it is
closed as pravided in Section 9"The Environmental Collection Center Hours of
Operation,"
D. Par�icipating City may choose to utifize a vo�cher system for its resid�nts in order far
them to bring HHW to the ECC. If Partic9pating City chooses ta use sUch a system, it
shall natify �ort Wor�h of the decisian, and shal[ provide Fort Worth wifF� a copy of the
officfal voucher. In addition, if a citiz�n from a Participating City that utilizes a �oucher
system comes to the ECC ar a mobi[e collection event without a vaucher, Participating
City acknowfedges and agrees ihat Fort Wortt� will nof accept the housef�old hazardous
waste until Par#icipating City authorizes the acceptance in writing.
E. Participating Ci�y may submi� a written request for a monthly rep�rt lisfing the number of
its city's households that have dispased of nouseF�old hazardous waste at th� ECC or a
mobi[e cofEection event.
F. Participati�g City shall pra�ide traffic control and signage tor the mobile coflection
events, and shal� provide- personnel to assist Fort Worth with the survey and� screening
of persans dropping off household hazardous waste. The parties prior to the event shalf
agree upon th� details ofi the traffic controf, signage, and personr�el assistane�.
G, Particiqatir�a Citv's Mabile Collection Units Collectina Household Hazardous Wasie
Participating City shal! ad�ise the ECC program manager at least 72 hours in
advar�ce of its mobile collection events� Participating City shall collect only HHW
during a rnobile ca�lection event. Wastes from commercial, agricuitural, and
industrial saurces shall no# be accepted. Participating City shall not accept
campressed flammable gas containers; radioacti�e materials; BXpf051V85 or
patentially shock sensitive materials; biological, etiolog�c, and infectious
materials; and a�y other wastes tl�at Fort Worth has determined are
unacceptable.
2. In accordance with fhe latest DOT req�irements, Participating City's MCU
operators will {�roperly categorize, package, mark, label, and load inta the MCU,
al1 wastes rec�ived at the mabile cal�ectian event. Recyclable prad�cts (used oil,
used oil fil#ers, latex paint, recycEable anti�freeze, lead-acid bafteries, and
�luarescent lights) will be segregated info containers for recyclables.
3. After accep#ing wasies, Participating City's MCU operators shall tharoughfy
checic each co�tainer for praper labeling and identification. If a container is
properly identified, the material wiil be segregated according to hazard cEass and
prepared for packaging. If a container does not ha�e ad�q�ate �abeling to permit
iden#ification, #he MCLI operators shafl then attempt to identi�ty the mate�ial from
its physical characterEstics using HAZCAT ana�ysis and fram information provided
by ihe househofd presenting tf�e waste.
4. The Participating City's MCU operators shall pacicage all hazarcious materials in
accordance wi�h United States D�partment af Transpartatian {DOT)
requiremenfs, United States Environmental Protection Ag�ncy [EP�
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requirements, and all oth�r applicable federal and state raquirements. After a�l
the wastes have been properfy identified and segregaied, the MCU operators wifl
reexamine tne wastes far compati�ility, [ist them on the container cantent sF�eets,
and pacK them inta drums. Oi!-based paints and latex paints shall be bulked
separately in 55-gallon drums, ar if the paint is left in its container, th� paint can
be packed in a lined cubic yard box, and packed and labeled according to federal
and sfate regulations. Participating City shalf not transpart wasfe t'hai is nof HHW
to the ECC. Pariicipating City agrees to make its own arrangements to dispose of
any non-HHW waste collected at t�e e�enf.
5. Prior to transparting the HHW fram the callecfion ev�ent site(s), Participa�ing City's
MCIJ aperators shall complete a Bill of Lading, and shall ke�p ti�� Bill of Lading
in the cab of fhe truck �a�ling the MGU during transportatior� of the HHW to the
ECC. Participating City shall require that a minimum of one copy of the iat�st
North American Emergency Response Guidebook be kept within the cab of the
truck.
6. During transpor�afion, Participating City's MCU operators shall pfacard fF�e MCU
for transportatian of hazardous waste in accordance wEth federal and state law.
7. Upan the retum of the MCU to the ECC, Participating City's MCU operatars shall
fallow the instructions of Fori Worth regarding fhe placement of the MCU far
unloading. Fort Worth shall take possession of fhe MCU fram Participating Cify
after the MCU has been properiy parked for unfdading in accordance with Fort
Worth's instructions ar�d all required documents have been delivered ta the ECC
program manager or his dssi�nee at the ECC. Fort V4Jorth shall, within a
r�asonable amount of tim�, unload the HHW from the non-Fort Worth MCU and
store the HHW at the �CC.
8. ff For� Worth, in its so�e discrefion, determines that Par�icipating City's MCU
operatars improperly pac�Caged any of the HHW delivered fo the ECC, �'ort Worth
shalf repacfcage such waste, and Participating City shall reimb�rse Fort Warth as
set forth in Section 10., Paragraph B,
9. If a spill occurs at the EGC while the
possession, Fort Worth shall take cantrol
City will reimburse �or# Worih far its resp
Paragraph C.
MCU is stifl in Participating City's
af fhe splfl response and Participafing
onse costs as set farth in Section 1 f�.,
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IJSE OF WASTE D�SPOSALIRECYCLING FIRMS FOR HOUSEHOLD HAZARDOIJS WASTE
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�'art Warth wifl enter intn a contract(s) with waste dispasallrecycling firm(s} for the
handling, collecfion, transpartation, starage, disposal, treatment, r�co�ery, and/or reuse
of household hazardaus waste, which is collected at the �CC.
Such �rm(s) shall be required pursuant to the contract(s} ta assume ger�erator statu� for
the waste collected, (excluding used o�l, lead-acid batteries and antifreeze} to choose a
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disposal site for the waste sub�ect to Fort Worth's approval, and io indemnify Far� Worih
and participating cities agair�sf any and all enviranmentaf damages and the vialation of
any and al[ environmental requirem�nts r�sulting from #ne handfing, col[ectian,
transpo�ta�ion, storage, disposal, treatment, reco�ery, andlar recycling of waste collecte�[
pursuant to this agreement, when said en�ironmer�tal damages or the �i�olaiian af said
en�ironmenfal requiraments was the result of any act or amission of contractor, iis
offieers, agents, employees, or subcontractors, or the joint act ar omission of con�ractor,
its afFicers, agents, em�layees, or subcontractars and any ather person or entity.
C. Tb� PARTI�S ��COi9Nl�� i�1�►i �o�ibOUGb YH� �'I�IVI (S)'VVI�� B� 1��QU1Fi�D
�� ASSLJl411� C�,iVI�R�i�R SY��'US, fH[S ASSUN➢PiIOP! W1LL NOi R�L[�V�
P�,RT1C[P�4iIMC Cl�'Y �� I�I�►�I�ITY ]�OR iH� lNASi� UiVD�R �r����AL ��►W
�►N� S�l�i� �A1dV. For# Warth wiU arrange for recyc�ing vendars for used oil, ba#t�ries,
antifreeze, ar�d other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fort Worth wilf make available #a residents and businesses of Fort
Worth, as well as, Participafing City and residents and businesses of Participat9ng City
far their use, collected household hazar�aus waste maferials that are suitable far reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any
materials that are picked up far reuse.
B. Some materials made a�ai[able for reuse may have been consolidated and filtered �y
Fort Worth prior to being made a�ailable. Used antifreeze wifl have be�n consolidated in
a barrel, filtered, and pH balanced, and new antifreeze may have been added to the
barre[.
C. In regards to materials accepted by Partic9pat�ng City, �0�� WOF�ib hrIAF��� R10
R�PRE5EIVT�►iIa�IS, W�►RR�►iVT1�S �R (�UA�N�I�� T'[�AT:
1. the container cantants are what the fabel indicates;
2. the container contents are those originally placed into the � container by the
manufactur�r;
3. the product is af tne quality ir�tended for its use;
4. th� contents of the coniainer have been stored praperly;
5. t�e instructions on ii�e container fabel for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
7. the product is still aPproved for use (i.e., it t�as not been banned or r�called); and
8. tne product can be used wiihout risk to persons, property ar the en�ironment.
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�u��w��n�oR�, ��� w�����-r«s, �x���ss ��� i���r��, a��
SPECIFICALLY D�PlfED.
D. Participating City shail contacfi the ECC program manager ta a�range a pickup #ime to
obtain materials. Participa#ing City agrees that it shall nat return to �ort Worth, direct[y or
indirectly, any maferials it obtains from Fort Worih under this paragraph.
E. Ifd Fi�CAR�S i� MATFRfALS ACCEPiED �Y �Af�7'[C1��.7�lNG CIYY,
f��►RiICIPAYIfdG CI�1' �O�S H�R��Y 'V�l�►1V� A�� C�RfMS, INC�U�IAIG
��O�UCTS LI�►BI�IiY CL�.IhAS, AidD RELEASES, AMD HOL�S H�1f�MLESS T'H�
CITY OI� �O�T' 1�lOR�'H, AN� AL� O�' li5 O��IC(A�S, ��FIC�F��, ���'�OY��S,
A��IV�'S, �Fd� V��UNi��RS, IN �OiFf iFI�IFt PU�LIC AIVD PR1I�ATE
CA�ACITS�S, I�ROfI� �►FdY AIdD ALL L.IA�[L�IYY, C��o1fl19S, �U1�5, ���1i/�N�S,
�XF'EfdS�S OF LIY'IG�►�I�1�l, OR C�►US�S OF �oCTl�i►� WHICb I�I,AY ARIS� �Y
R�ASON @�' [NJURY i4 P�R50N5, LOSS O� PRO��RfY, �AiVi�G� �4
PT��PERTY, OR LOSS O� IJS� O� ANY �R���RYY , OCCASIOi��D �Y iHE
i��►NSPORYAiIOW, SiORAG�, FiANDLINC, US�, �►N� �[S�OSAL �Y
F+�►RTlCIPAYINf� C[`TY O� ANY IViAi�}ilA�S AeCC�Pi�� �Y P�►RTICIPAiEf�G CIiY
llN��� YH[S AGF��CfV��PlT FR�II� FB�i !l�O�7H.
F. In regards to materials accepted by resid�nts or businesses af Participating Cities,
�OR� WOR�H fll�AK�S N{] ��P�t�SENiAiI�NS, INA�RAPl71�5 �� (a�UA�AN�I�S
iFii�i:
1. the container contents are what the [abef indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the praduct is of the quality infended f�r its use;
4. the contents of the contain�r hav� been stored properly,
5. the instructions on the cantainer label for use, storage, and firsf aid are current or
correcf;
6, th� container is in unimpaired condition;
7, the product is si911 appro�ed for use (i.e., it has not been banned or recalled}; and
S. the prnd�ct can ba used withoUt risk to persons, property or the en�ironment.
�UR�'H�R�fV�R�, �►L� 'IdVARRARliI�S, ��CPR�SS AfVD IfV�PLIED, p►R�
SPECIrIC�►LLY D�NIE[}.
G, Participating City shalf attempt to inform its residents and businesses that if they go to
the Environmental Collection Cen#er to p�ck up househflld hazardous wasfe for reuse, a
r�lease of fiability must b� sign�d to accept the househo[d hazardous waste for reuse.
10
;
8.
R[GHT TO REFUSE WASTE
Parkicipating City agrees that Fort Wor�h shall have the right to refuse to accept waste at the
�CC from Participating City's residertt an� to e�ect such individual from ti�e prerriises of the
ECC, if in the reasonable judgment af Fort Worth: .
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that
have been established by F�rt Worth subsequent to the execution of the Agreemenfi;
C. The individual does not hav� sufficienf identification to estab[ish that h�lshe is in fact a
reside�t of Participating City;
D. Partici�atit�g City has implemented a voucher system for its r�sidents to dispose of
waste, and the indirridual does not have a valid voucher; �r
E. Th� waste or the individual presents a hazard to the ECC ar to persons or property at
the ECC.
9.
ENVIRONMENTAL COL�ECTiON CENTER H�URS AND DAYS
OF OPERATION
A, Hours of Operation
During the term af the agreement, the ECC's hours of operation are as follows:
Thurstiay and Friday 11 :00 a.m. -7:40 p.m.
Saturday 9:OD a.m. -3:Q0 p.m.
B. Days the En�ironmental Callection Center will be closed
During the term of ihe agreemen#, the ECC will be closed on the following days:
Thanksgivi�g Holiday, No�ember 28 -29, 20�2
Christmas Holiday, December 25, 2002
January �, 2003 through January OS, 2003, fior cleanup and repairs
M.L.K. Day .ianuary 20, 2003
Memaria[ �ay, May 2�, 2003
Independence Day, July 4, 2003
Labar Day, September �, 2003
C. Nfltifying R�sidents
Pa�ticipating City agrees fo notify its residents of tt�e ECC's hours of operation and dates it will
b� cfosed. Pariicipating City may advertise the 24-hour Environmental Collection Center
11 :�,•„�, '�I � .
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telephnne number ta gi�e its residents the En�iranmental Collectian Center's hours. The
n�mber is: (817� 87�-5257.
10.
COMPENSAT�ON
As fair com�ensation for fhe services �rovided by �ort Worth pursuant to this agreement:
A. Participa#ing City agrees io pay Fori Worth the sum of $ 5Q.00 per househald per �isit to
the ECC or per househald for participation in a Mo�ile CoElec#ion Event to dispose of
hous�hold hazardous waste.
B. If Fort 1North det�rmines that Participafir�g City's MCU operatars improperly packaged
any ofi the HHW delivered to the ECC, Fort Wor�h shall repackage such waste, and
Partic�pating City shall r��mb�rse For� Worth for it staff time af $20.00 an hour and the
cost of supplies.
C. If a spill occurs at the ECC while the N�n- For# Wortf� MCU is stiil in Participating City's
possession, Fort Warth shall take cantrol of the spill response and Participatirtg Citjr will
reimburse Fort Worth for its response costs of $BQ.00 per hour staff time and the cost af
sup�lies.
D. The amount due to Fart Warih for s�rvices provided under this Section, Paragraphs A,
B, and C, shaEl b� billed to Par�icipating City qua�terly. Participating City shal� pay Fort
Warth wifhin 30 days of receiving a bill from Fort Wvr�h. ff Fort Worth does nat receive
payment within 30 days, Fort Worth sf�all inform Participating Ci#y in writing that it will not
accept any hausehold hazardous waste from Participating Cify's residents and #hat Fort
Worth will not participate in a mobi�e collection e�ent or provide a mabi�e collection uni#
until paid.
E. Ai the end of the term af this Agreement, �ort Worth shall provide a�nal accounting to
Participating City, whicf� will inc3ude the total number of Partic9pating City's hausehalds
wt�ici� partici�ated 'm #he program, repackaging fees, if any, and the fotal cast of spill
respanse charged to Par�icipating City, if any.
�. Pursuant ta the require�nents of Go��rnment Code §791.011 (a}{3}, the amount due to
For� Worth under Subparagraph D, above shall be paid from �e�enues currer�tly
available to Par�icipating City in the present fiscal year,
72
11.
ARTWORK, "CAPTAIN CRLl� AND THE CRUDDf�S," AND PR�MOTIONAL MATERlALS
� LICENSE AGR�EMENT
Fort Worth is the awner of "Captain Crud" and the Cruddies ("�loomer," "Otfio," "Pes4ie,
""Scrub," and "llan Coo") `"Conqerer Your Crud," and ""Crud Cruiser", and tF�erefore al!
ow�ership righis belong ta Fort Worth. Fort Worth F�as registered these marks as service marks
wifih the Secretary of Staie.
A. Fort Worth hereby gran�s to Participating City a nan-transferable, non-exclusive license
to use all the artworK and promofional materials that may be provided lay Fort Worth to
be used sole�y in the conduct o'F the business of Participating City's disposal and
recycfing of household �azardous waste programs. !f Participating City wish�s ta use to
l.icensed Art andlor Promational Materials in other fimi�ed situations, Participating City
must firs# obtain express written consent from Fart Workh.
B. Fort Wo�ih may provide lic�nsed Artwork and Promotional Materials to Participafing City
pursuant ta the terms of this Agreement. Participaiing City ackr�owfedges that by virtue
af this License, Participat9ng City acquires nniy the righ# to �se t�e original and permiited
duplicate copies of the Licens�d Artwark and Pr�motional Materials and does not
acquire any rights of ownership in the Licensed Artworlc and Promotional Mater�als,
which rights sha�l remain exclusively with Fort Worth. ff Participating City wants io modify
ar change tf�e arfwork andlor promo#ional materials in any manner, Participating City
t��feby agrees to contact Fort 11Vort� in writing to o�tain written consent before modify�ing
or changing any artwark andlar promotianal materials.
C. If Participafir�g City desires an actor to por�ray "Captain Crud" for an event, Participating
City shall use aciors �ppraved by Fort Worth to partray "Captain Cr�d" since "Captain
Crud" is �wned by Fork Worth. Participating City shall be sofely respansible for
compensating actor for the services provided to Parficipating City. Parkicipating City will
contact F��t Worth as soon as possible with the date and time of the evenf agreeable to
both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" costume for its e�ents. �ort Worth wi11 provide the "Captain Crud"
costum�. Hawever, Participating City agrees to be liable to Fart Wor�i� for any damage ta
the cost�me ar if Participating City fails to return th� entire costume to Fort Worth or if
the costume is not returned in the same conditio� as received.
1�.
1MMUNITY
It is expressEq understood and agreed that, in the execution of this Agreement, r�one af the
participating cities waives, nar shall be hereby deemed to waive, any immu�ity or defens� fhat
would aiherwise be available to it against claims arising in the exercise ofi gov�rnmental powers
and functior�s, and that the services described in this A�reement are a ga�ernmental f�nction.
93 :�'�I'� .
' �i�'cI�
�3.
FORCE MAJE�IRE
A delay or failure of Fort Worth to perform services pursuanf to this Agreement shalf be excused
to the extent that #he delay or failure ta p�rform r�sulted from a force majeure event, and the
delay or failure was beyond #1�e control of �'ort Worth and not due to its fauft or negfigenc�.
Participafiing City shall not have, and h�reby wai�es, any claim whatever for any damages
resulting from delays or fail�re to perform caused by a force majeure e�ent.
14.
TERMINATfON
The par�ies shall each ha�e the right to terminate the Agreement for any reason, with or without
cause, upan thirty (30} days wriften no#ice to the other par#y. Upon ferminaiian, the parties shall
be released from all cantrac��al obligations to the other party excluding "USE OF WASTE
DISPOSALIRECYCLfNG FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" {Paragraph 6)
"REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAfN CRUD
AND THE CRUDDIES," AND PROMOTIONA� MATERIA�S LICENSE AGREEMENT'
(Paragraph 11),
15.
NOTICE
Arty notices required to be gi�en under t�is Agreement shail be deli�ered as follaws:
If fo Fori Worth:
Brian Boerner, CHMM, Director
Department of Enviranmental Managemen#
City of Fort Wor�h
1000 Throckmorton
Fart Wor#h, Texas 761 a2
If to Particinatina Citv:
Babb�� 1�0�� � � r
�i3S�� 1��It�,�
�1��Rrx ��,o���
'� 6.
ENTf RETY
This Agreement cantains all commitments and Agreements af the parties h�reto, and r�o other
�ral or writfe� commitments shall have any force or ef�ect if not contained herein, except that
this Agreement can �e amended or modified by the parties if such amendm�nt or madifiicat9on is
in writing and signed by Participating City and For� Worth.
i4
17.
SEVERABILITY
In the event anyone ar more of the provisions contained in this Agreement shall for any reason
be held to �e in�alid, i�legal, or unenforceabfe in any respect, such invalidity, il[egafity, or
unenforceability shall not af�ect any other provision thereof and this Agreement shali be
construad as i�F such invalid, illegal, or unenforceal�le provisians had never been contained
herein.
18.
VENUE
Should any action, real or asserted, at law or in �quiiy, arise out of the terms and conditions of
this Agreement, venue for said actian shall be in Tarrant Couniy, Texas.
19.
AUTHORITY
This Agreement is made for Fori Worth and Participating City as an Interlocal Agreement,
pursuant to Texas Government Cade, Chapter 791.
20.
AUTHORIZAT��N
T�e undersig�ed officers and/ar a�ents of the parties hereto are properly au#horized officials
and ha�e the necessary authority to execute this Agreement on behaif o# the partias hereto, and
each party �ere�y certifi�s io the ather that any necessary resolutions e��nding such authority
ha�e been duly passed and are now in full farce and effect.
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EXECl1TED IN TR[PLICATE
CITY OF FORT WORTH
��
By: �
, �
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Li `by Watsan
Assistanf City Manager
Date:
, ,
APPROVED A5 TO F'ORM
AND LEGALITY:
��/i�i �O � � �� (� `�
Assistant City Attomey U
A T:
��
loria earso
City S�cret�y
C,`�'v ��� ��, je � 1 X
BY:
��
F'r ed am�; ���r�e�����:,; � 1»r
Title: I��pr �� ;� r r���l��� �
Date: f,��� � 1 •� i��
APPROVED AS T� FORM
AND L.EGALITY:
�� G�{7�.
�.� City�ttam�y
� ATTEST:
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�.�- �-�� � ���'����-�
City Secretary
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Contracf authorizatian
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Date
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Exhibit "A"
�i���'OCKIN� Li�� ��� fH� ���IL� COLL���'ION []Nt�'
Maierial Amnun# Resfrocked
55 gai[on o�en top Amount taken off the
drums (open tap for trailer
loos� packs)
55 gallon drums Amourtt taken aff the
(closed top) (oil, trai[er
antifreeze, bulk
flammable materials
and ane extra)
F'iber arums (55 ar 30
gallon) Aerosois, Amount taken off the
acids, bases and traEler
axidizers}
Gaylord box liners
(plastic} Amount taken off fhe
trailer
55 galEon drum finers
Amount tal�en off the
traifer
5 gallan bucKets
(ffterslhaz chemicals} Amount taken �off the
trailer
Survey Forms
Amaunt taken off the
trailer
Labe[sldrum placard
Amount taken off the
. trailer
Gaylord boxes
Amount taken off the
trailer
Absorbent pads
Amount taken off the
frailer
Vermiculite
- Amount taken aff the
trailer
Oil dry
Amaunt taken off tha
trailer
Promotional Maf�rials
& Brachures Am�unt needed
Special Weeds �emarks
_ �-
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17 " ;"��r , ':1
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Exhibit "B"
WAIVER AND RELEASE �F LIABfLITY FOR C�LL�CTION OF HOUS�HOLD
HAZARQOUS WASTE
1 being the owner of property lacated at
ha�e been asked by the City of to allow a moE�ife colle�tion
event on my property to collect household hazardaus waste on the , 2401.
In consideration of ,[ hereby give my permissior� ta the City of
property in which the City of
ta send its mobile collectian
��ent.
fio hold a househald hazardous wasfe collectior� e��nf on my
has asked tf�e City of Fort Wor�h
unit #o collect the household hazard�us waste that is brought to t�e
Therefore, in consideration of , I hereby RELEAS�,
DISCHARGE, H�LD HARMLESS, INDEMNI�1' the City ofi Fark Wort� or its officers, agents,
and employses and the City of and its officers, agents,
andlor employees for any and al] claims, derr�ands, liabilify, causes of action, actions or suits of
any character that I may have against the City of Fort Worth or its officers, agents, and/or
employees and the City of or its officers, agents, andlor
employees far any property �oss or damage, �fnr any and a�l personal �njury including deafh or
any aiher damage of any kind ar character which may arises or that arises from allowing tf�e
City of _ to hofd a household hazardous waste callection er�ent, in
which the Ci�y af �art Warth sends its mabile collection unit or� my praperiy.
I have read this Vllaiver and Release and fully understand its terms and conditions. I�ave not
been influenced in any extenf whatsoever by any representation or sta#ements not contained in
this Agre�ment. I hereby acknowledge that this Waiver and Release is gi�en En consideration of
Signature
W ifness
Date
�E:�
�ity of 1�'ort T�orth9 T'exas
JV l�y�r a�d ����ci� ��r����icc�ti��
DA7E REF�RENCE NUMBER L.OG NAME PAG� .
9124102 **��,� �2�$ �: 52COLLECT I 1 af 2
SUBJECT WTERLQCAL AGREEMENTS WITH � VARIOUS MUNICIPALITIES FOR
PARTICIPATION AT THE ENVIRONMENTAL C�LLECTION CENTER
RECOMMENDATION:
It.is recommended that the City Council authorize the City Manager ta execute� interlocal agraements
with various municipalities/�ntities for �articipation at the En�iranmental Collection Center.
DISCUSSION:
The City's Environmental CoElection C�nter is now ir� its sixth year of operaiior� collecting household
hazardous waste from the citizens of Fort Worth and surrounding.cammunities on a year raund basis.
ln ard�r for nan-Fort Worth citizens to participate a# the Environmental Collection Center, each
municipality is required to enier into an interlocal agreement with the City of Fort Workh.
The rate per household for the period cavared by these agreements (Octo�er.1, 2002 thro�gh
September 30, 2003) is $50A�. The decrease in the rate is due to receipt of a grant from the North
C�ntral Texas Co�ncil of Go�ernments that will provide $i 50,OOD for disposa� costs during �Y2002-
2003. It is anticipa#ed that approximately $420,000 will be collected under these agreements. During
FY2001-2002 twenty-six area communities signed partic'rpation agreemer�ts with the C�ty of Fort Worth.
For the upcoming year we expect all of those communities to par�icipate and have had interest
expressed by.six others.
This agreement outlines the responsibilities of each party, establishes the rate for participation, and
defineates the usage of service marked, public educatian material. The City of Fart Worth is
responsibl� far a�erall operation af the Enviranmental Colfection Center including contracting with a
hazardous waste disposal company for transportation and disposal of materials callected, The
following entities �ave �xpressed an interest (�`) or are expected to commit to par#�cipation for the period
Octoiaer 1, 2002 through September 3a, 2003:
Arl�ngton
Benbroak
Cleburne
Euless
Haltam City
Kennedale'`
North Richland Hills
Roanoke*
Stephenville
Upper Trinity Regional Water District
White Seitlement�'
Azle
Burleson
Colleyrrille
Grand Prairie
Hurst
Mar�sfield
F3ichland Hills
Saginaw
Trophy Club�`
Venus
Willow Park"
Bedford
Cedar Hill
Everman*
Grapevine
Kell�r
Newar�C
River Oaks
Southlake
Un-incorporated Tarrant County
Watauga
�ity of �'ort �o�th, Texas
il�c�y�r ��� ��r��ci� ����r��ic�fi��
DAT� R�F�R�NCE NIJMB�R LOG fVAME f AGE
9124102 � **��1 g��� 52COLLECT 2 of 2
SUBJ�CT INTERLOC�IL AGREEMENTS WITH VARIOUS MUNICIPALITIES F�R
PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
F15CAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmental Management Department will be respfl�sible for
the collection ofi fiunds due under tf�ese agreements.
LW.n
5uhmitted fnr City Manages's
Office by:
5183
I ��� I ACCOUNT I
� �to)
I R103 488220
CENTER j AMOUi�'T
0521100
Libby Watson
4riginating Department Head:
Brian Boerner
Additional Information Contact:
Brian Baerner
�
8a79 I (irom)
�
8074 I
CITY SECRETARY
APPROVED 9/2�4/02