HomeMy WebLinkAboutContract 28035-1�!T'Y ��C���q��'�}4
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INTERLOCAL AGREEMENT FOR PARTIClPAT10N IN FORT WORTH'S
ENVIRONMENTAL COLLEGTfON CENTER
HOUSEHOLD HAZARD�l1S WASTE PROGRAM
THIS AGREEMENT is entered into by and betweer� #he City of Fort Worth, Texas, a home-rule
municipal corporation situat�d in Tarrant and Denton Caunties, Texas, hereinafter called "Fort
Worth " actin herein�Y and thraugh Libby Watson, its duly authnrized Assistant Ciiy Manager,
and-�`�� C.�v a� /-f�j� a municipality situated in`�►rr�►�x�°'j�r�u� C�,,, Texas,
hereinafter called "Par�icipa#ing City," acting herein by and through `�� rr� G�,� 1� or�, its duly
authorized ��'�'�r i�1t�a��r .
WITNESSETH
WHEREAS, Texas Government Code, Chapter i91, authorizes the #ormulation of interlocal
cooperation agreements between and among lacal governments; and
WHEREAS, T�xas Government Code, §791.011 provid�s that a local go�ernment may contraci
with anofher io perform governmental functions a�d services, and §791,003(3)(H} defines waste
disposal as a gflvernmental function and ser�ice; and
WHEREAS, Texas Government Code, §791.025 provides thafi a local go�emment may agree
with another local gaver�m�nt to purchase services; and
WHEREAS, For� Worth and Participating City desire fo enter into an inierlocal agreement
whereby Fort Worth will purchase the services of a was#e disposallrecycling firm or firms and
will acirriinister a ho�sehold hazardous wasfe col�ection program; and
WNEREAS, Fort Worth and Participating Ctty mutually desir� fo be subject ta the provisions of
Texas Government Code, Chapter 791, alsa known as the Interlocal Cooperation Act.
NOW THEREFQRE, it is agreed as foliows:
1.
DEFINITIONS
A. Unl�ss a pro�isian in this Agreement explicitly states ntherwise, the fa[lov�+ing terms and
phrases, as used in this Agreement, shall have the meanings h�rei�after designated.
Act of God means an act occasior�ed by the direct, immediate, and exc�usi�e operation
of the forces of nature, uncontrolled ar uninfluenced by the power of humans and without
human intervention.
B�If af Lacfinq lists the contenis of the m�bile colfeciion unit,
�nvironmental Collection Center (ECC) means the City of Fort Worth Depa�ment af
Environmental Management faciliiy located at 84�0 Bridge Streef, Fort Warth, Texas,
which is fo be used by Fart Worth for the aggregation of f�ouseho�d hazardflus wastes
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that have been brought to the facifity by participating cities' hous�holds far subseq�ent
recycling, disposaf, andlor reuse.
Environmentaf damaaes means all clairrts, judgments, damages, losses, penalties, fines,
lia6ilities (includi�g strict liabiiity), encumbrances, liens, costs, and �xpenses of
in�estigation and defense of any claim, whether or not s�ch claim is ultimately defeated,
and of ar�y goad faith settlement or judgment, of whate�er kind or nature, contingen# or
otherwise, matured or unmatured, foreseeable or unfareseeable, including withoufi
limitation reasonable atfomey's fees and disbursements and consultant's f�es, any af
which ar� incurred subsequent io the execution ot this Agreeme�t as a result of the
handling, colfection, transportation, storage, disposal, treatment, recavery, andJor reuse
of wasfe purs�ant to tY�is Agr�eme�t, or the existence of a �ia]ation of env�ranmental
requirements pertainir�g to same, and including without limitation:
(a) Damages far persanal injury and death, or injury to property or natural resources;
(b} Fees incurred for the services of atforneys, car�sultants, contractors, exper�s,
laboratories and all other costs incurred in connection with the in�estigation or
remediation af sucF� wastes or viola#ion of environmenta! re�uirements incfuding,
buf r�ot limited fo, the preparation of any feasibi�ity studies or repQrts or the
performance of any cl�anup, remediation, removaf, r�spanse, abatement,
containment, clasure, restoration or monitoring work requir�d by any federal,
state or local governmental agency ar polifical subdi�ision, or vtherwise
expended in connection with tne ex�stence of such wastes or violations of
environmenta� requirements, and including without limitation any attomey's fees,
costs and expenses ir�curr�d in enforcing fhis Agreement or callecting ar�y sums
due hereunder; and
(c} Lia�ility ta any third person or go��rnmental agency to ir�demnify s�ch persan or
agency far costs expended in cortnection w�th the iiems refErenced in
subparagrapf� (b} herein.
En�ironmental reQuirements means all applicable �resent and future statutes,
regulat�ans, rules, ardinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchis�s, ar�d similar items, of all governmentai agenci�s,
departments, corrtmissioris, boards, bureaus, or instrumentalities of the United 5tates,
states, and political subdivisions ther�of and all appficabie judicial, administrat«e, and
regulatory decre�s, judgments, and orders relating ta the protectian of human health or
the envirvnm�nt, including without limitation:
(a) All requirements, including but not limited to thos� pertaining to reporting,
licens�ng, p�rmitting, investigatian, and remadiaiian of Emissions, discharges,
releases, or threatened releases of hazardaus materials� �allutants,
contaminants, or hazardous or toxic substances, materiafs, or wast�s whether
solid, liquid, or gaseaus in nature, intfl the air, surface water, groundwater, s#orm
water, t�r land, or relating to the manufacture, processing, disiribution, use,
treatm�nt, starage, dispasal, transpart, ar handling af pollutants, contaminants, or
hazardous or toxic subs#ances, ma�erials, or wasfes, whefiher salid, liquid, or
gaseous in nafure; and
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(b) All requirements pertaining to the pratection of the health and safety of
emplo�ees or the public. �
Force maieure means decrees of or restraints by a gavernmental instrumentality, acfs of
God, work stoppages due #o labor disputes or strikes, faiiUre of For# Worth's
contractor(s) to perfarm pursuant ta their agreements with Fort Worth for the conduct of
the colfeciion of househafd hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Househo{d hazardous was#e (HHWI means any solid waste generated ir� a hoUsehold by
a consumer which, ��cc�pt for the excEusion provided for in 40 CFR § 261.�(b)(1), woufd
be classifi�d as a hazardot�s waste under 44 CFR Part 281,
Manifesi means the uniform hazardous waste manifest farm(s) furnished by the TNRCC
io accompany shipments of munici�al hazardaus waste or Class 1 industrial so�id waste
for wasfe transported to a site in Texas, or the comparable rnanifest of the receivirtg
state if the waste is transported out of Texas.
Mobile co�lection e��nt means a household hazardous waste colEection event �y
Participa#ing Cify utilizing a mobile coEleciion unit.
Fort Worth Moble coflection unit (MCUI means a non-self-propelled v�hicle used far the
periodic collection of hausehold hazardous waste by Participating City, off-site of the
ECC, which is transparted to the �CC to disp�se of the househald hazardous waste
colfected at the mobil� collection event. The Fart 11Vortn Mobile Collection Unit is
designed to ha[d the hazardous waste of approximately 5a to 75 households.
ParticivatinQ Cities, when used in the plural, means Fart V►lorti�, Participating City, and all
other entiti�s which have entered inta interlocal agreements with Fort Warth fior the ECC
houseE�old hazardous waste coilectior� program.
Person means an individual, corparation, organization, government, or gavernmenial
subdirrisio� ar agency, business trust, partnership, association, ar any ather Eegal erttity.
Waste f�as the same meaning as "so�id waste" as that term is defined in Texas Health
and Safety Cade §361.403, and including hazardaus substances.
B. Unfess a provision in this Agreement explicitly states otherwise, the following
abbre�iations, as used in this Agreement, shall have the meanings hereinaf�er
d�signated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liabifity Act,
CPR - cardiopulmonary resuscitation.
O�T - llnited States Department af Trans�ar�ation.
ECC - En�ironmental Collection Center. -
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EPA - United States Enviro�mental Protection Agency.
HAZCAT - hazardo�s ca#egorization.
HAZWOPER - hazardous waste operations and emergency respons�.
HM - hazardous materials.
HHUV - household hazardous waste.
MCU - Mobile Collection Unit.
2.
PURPosE
TY�e �urpose of this interlocal agreement (hereafter "Agreement") is the provision flf servic�s by
Fort Worth to Participating City whereby, subject to the terms and conditions speci�ed below,
Fort Worth wifl administer and supervise a r�gional ha�sehold hazardous wast� coll�cfion
program, which will be a�ailabfe to housei�olds within Participating C9ty,
3.
TERM
This Agreement shall be effective from #he date the last pa�ty has signed tnis agreement
fhraugh September 30, 2003.
4,
S�RVICES QF FQRT WORTH
Fort Warth agrees ta perform the following services for Participating Ciiy in connection with the
ECG household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste ca�lection program.
This program wil! incfude the op�ration of the �nvironmental Colfection C�nter, which
wif� accept far disposal an�/or recycling hoUsehold hazardous wasfe from househoids
located within Participating City. For� Warth shall not accept compressed flammabfe gas
containers; radioactive materials; explasives ar potentialfy shock sensiti�e materials;
biolflgical, eiiafogic, and infectious materiafs; wastes from businesses; and any other
wastes that Fort Worth Y�as determined are unacceptable.
B. Fort Worth will employ or retair� personnel ta provide the senrices necessary to perform
Fort Worth's obligations in t�is Agreement.
C. Fort Wortn will enter into a contract(s) with waste disposallrecycling firm(s) for the
handGr�g, coliectian, transpor#ation, storage, disposai, treatment, recovery, andlor reuse
of hausehofd hazardous waste, which is collected at the ECC.
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D. Fort Worth will, if requested in wrifing by Participating City, provide Participating City with
copies of waste manifests for sY�ipments of waste from t�e ECC.
E. Fort Wor�h will, if requ�sted in wrifing by Participating City, pravid� Participating City a
monthly report of the Participating City's households who dispased ofi household
hazardaus waste af tY►e Environmental Collectian Center or a Mobil� Collection Event.
F. Fort Worth will issue a repo�t and a bilf at the end af each quarter detailing the number of
Participating City's households that dispased of ho�sehold hazardous wasfe at the
Environmental Collection Cer�ter or at a mabiie collection event.
G. Fort Wortf� will act under this Agreement in accardance with all applicabl� stata and
federal laws.
H. Nor�-For� Worth Mobile Collection Unit
1. Fort Vllorth agrees to accept household hazard�us was#e from Pariicipating City's
MCIJ in accordance witl� Section 5, af this agreement.
2. �ort Wort� agrees to restock the it�ms if removes from Participating City's MCU,
however, Fo�t Worth shall only resfock items listed in Exhibit "A", attached and
incarporated herein as if set forth.
Mobile Collection Events —Usinq Fort Worth`s Unit
1. If Pariicipating City would like to schedufe a mobile collectinn e�ent with
the Fort Warth Mobile Collection Unit, Fort Worth wi[I send Participating
City a list of a�ailabie dates. Partidpatin� City will contact Fort Worth as
soon as possible to schedule the date, time and locatian agraeable to
both pa�ies.
(a) Location
If Participating City chaoses ta hald the Mabile Coll�ction Evertt on
private property, Participating City sY�alE ob#ain a signed waiver
fram the awner of the pr�perty 1 week prior tca t�e e��nt. The
wai�er shall be in the form af �xhibit B or similar farm approved by
�art Wortn. The signed wai�er must be sent �o Fort Worth 1 week
before the Mobile Callection Event. If ihe signed waiver is not sent
to Fart Worth 1 week before the Mobile Collection Event, Fort
Worth will noi send the Fo�t Worth Mabile Collection Unit to the
event and Participating City will, in no e�ent, be entitled ta any
damages of recovery of any costs, except as pravid�d her�ir�.
(b) Available Dates
Participating City acknowledges #hat Fart Worth co�tracfs with
other municipalities and that Fnrt Warth will be accommodating
each Participating City's request on a first come first served basis.
Therefore, Par�icipating City acknawledges tha# its chosen date to
schedule a mobile collectior� event may be reserved by another
City and Participating City wi[I F�a�e to cf�oose another date.
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Partici�aiing City wilf, in no event, be entitled to any damag�s or
recovery of any costs, except as pro�ided herein.
2. At the Mobile Collection Evenf, Participating Ciiy acknowl�dges and agrees that
Fort Worth si�all accept ho�sehold hazardous waste fram the first 5D househoids
that show proof of residency at the Mobile Collection E�ent, Afi'ter the first 5Q
households, Fort Worth will determin� in its saie discreti�n how much more
wasfie it can accept and s#ore properly. If more househoids arri�e at the event
than Fort Wor�h can accept, Par�icipating City will in no e�ent be entitled to any
damage of recovery of any cosfs, except as pro�ided herein.
3. Due to the lac�C of starage space at the �CC, Participafing City acknowledg�s
and agrees that if it requ�sfs the Fort Worth Mobile Collectian Unit at a m�bile
colfecfiion event, a Participating City's Non-Fort W�rth Mabile Coflection Unit shall
not also be at the ev�nt.
4. City, in its sole discretion, wilf determine whether to send the �or� Vllorif� Mobile
Coilection Unit to Participating City's Callection Event during adverse weather or
tf�e threat of adverse weati�er inciuding but not fimited to sleet, snaw, rain, mist ar
hai�, ln the event Fort Worth determines not �o send tha Far� Warth Mobile
Caflection Unit, Fort Worth shal! notify persons listed in Section 5, Paragraph A
and shall send a Fork Worth employee ta the Participating Cify's e�ent to tell any
residents that come ta dispose of �ousehold hazardous waste; 1) that the Fart
Worth Mobile Coffection Unit will not be coming ta the event, and, 2) that tf�e
resident can go to the ECC ta dispose of the waste and pro�ide a map to tf�e
ECC.
5.
DUTIES OF PARTICIPATING G1TY
Participating City agrees to perform the following d�ties in c�nnectian with the hausehold
hazardous waste coflection program;
A. Participating City will designate one af its em�loyees, and another as an alternate, fo act
as its househflld hazardous waste coilec#ion coordinaior to interact with For# Worth.
Designated pers�n is: �c��I� 1��,.., � e r telephone number: C�'1 �7� -�1-3- 7�51
Pager number or 2�4-hour num�er where he or she can be reached; ��'3'�) �+���1--3�2 �
Alternate persan is �: � � �C.�ii telephone number: �i % � �1y -`��� �
Pag�r number or 24-hour number where he or she can be reached: �8t7 4yy- ;�� �
B. Participating Ci#y will coordinate and f�and ali program advertising fargeted to its own
citizens, as it deems necessary. Such advertising shall include ihe type of wastes tF�at
will b� accepted at the ECC, the requirement of proof of residency and weather
car�cellation infarmation.
C. Participating City shall notify its residents ofi the ECC hours of o�eration and dates if is
closed as prov9ded in Section 9'"The Enviranmenta� Collection Center Hours of
Operation."
D. F'articipating City may chaose to utilize a �oucher system for its residents in arder for
them to bring HHW to the ECC. If Participating City choases to use such a system, it
shall notify Fort Worth of the decisian, and shall pro�ide Fort Worth with a co�y of the
official vaueher. In addition, if a cifizen from a Participating City that utilizes a voucher
syst�m comes to f1�e ECC or a mobil� Collectian event withaut a �oucher, Participating
Ciiy acicnowledges and agre�s that Fort Wor�h will not accept the household hazardous
waste unfil Partic9pafing CEty autharizes the acceptance in writing.
E. Participating City may submit a written r�quest for a mont�ly report listing the number of
its city's hauseholds that ha�e dispased of household hazardous waste at the �CG or a
mobile caflection �vent.
F. Participating Gity shall provide traffic control and signage for the mabile cofleciion
events, and shall provide� personnel to assist Fort Worth with the survey and� screening
of �ersons dropping off household hazardous waste. The par�ies prior ta the event shall
agree upon the details af the traffic control, signage, ar�d personnel assistance.
G. Partici�atinq Citv's Mobile Collectian Units Collectina Household Hazardflus Waste,
1. Participating City si�all advise the ECC program manager at least 72 hours in
advance of its mobile col[ectian events.. Participating City shafl collect only HHW
during a mabi�e collection event. Wastes from commercial, agricultural, and
indus#rial svurces shall not be accepted. Participating City sha11 not accept
compressed flammable gas containers; radiaactive materials; explosives or
potentia[ly shock sensitive materials; biological, etio�ogic, and infectious
materia�s; and any other wastes that Fort Workh has determined are
unacceptable.
2. 1n accordance with the Eatest DOT requirements, Participating City"s MCU
ope�-ators will prop�rly categorize, package, mark, label, and load into the MCU,
ali wastes received at the mobile coflection event. Recyclabl� products {used oil,
used ail filters, �atex pai�t, recyclable anti-fre�ze, lead-acid batteries, and
fluorescen# ligl�ts) will be segregated into containers for recyciabfes.
3. After acceptir�g wastes, Participating City's MCU operatars shalf thoroughly
eheck each container fiar proper la�e�ing and identification. If a container is
praperfy identifi�d, the material will be segregated according ta hazard class and
prepared for packaging. If a container does not have adequate labeling to permit
ide�tification, the MCU operatars shalf iE�en atfempt to idenfify the materiaf from
its physical charact�risfics using HAZCAT an�lysis and fram information pro�ided
by the �ausehold presenting the waste.
4. The Participating City's MCLJ operatars shal[ package all hazardous materials in
accordance with United Sta#es Deparkment of Transportation (DOT}
requiremants, United Stafes Environmenta! Protection Agency (EPA�
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req�airements, and alI other applicabfe federal and state requirerr�ents. After aI1
the wastes ha�e been praperly ideniified and segregated, the MCU operators will
reexamine the wastes far compatibility, list them on the container cantent sheets,
and pack them inta drums. Oil-�ased paints and latex paints shall be bu]ked
separately in 55-gallan drums, or if the paint is left ir� its container, the paint can
be packed in a lined cubic yard box, and packed and lab�led accorcfing #o federal
and stafie regulations. Par�icipating City shall not transport waste that is not HHW
to th� ECC. Pariic9pating City agrees to make its awn arrangements to dispose of
any non-HHW waste collecfed at the event.
5. Prior to transporting the HHW fram the ca(iection event site(s}, Participating City's
MCU operators shall complete a Bilf of Lading, and shall keep the Bill of Lading
in the cab of the truck hauling the MCU during transportatian af the HHW to the
ECC. Participating City shall require that a minimum af one copy af the �ates�
North American Emergency Respanse Guidebook be k�p# within the cab of the
truck.
6. D�ring trans�ortation, Participating City's MCU operators shall placard the MCU
for transportatian of hazardous waste in accordance with federal and state law.
7. Upon th� returr� of the MCU to the ECC, Participating City's MCU operators sha�l
fOIIDW fEIE instructions of Fort Worth regard'mg the placement of the MCU far
Un3oading. Fort V1lartF� shall iake possession of the MGU from Par�icipafing City
after the MCU has been praperly parked for unloading in accordance with Fort
Worth's instructians and all required documents have been delivered #o the ECC
program manager ar his designee at the ECG. Fort Worth shall, witF�in a
reasonable amount of time, unfoad ihe HHW from the non-Fort Warth MCLI and
store the HHW at the �CC.
8. If Fort Worth, in its soie discretion, determines that Participating City's MCU
aperators Empraperly �ac�caged any of the HHW delivered to the ECC, Fart Worth
shall repackage such waste, and Participating City shall reimburse Fork Worth as
set farth in Section 1 �., Paragra�h B.
9. If a spill occurs ai the ECC while the MCU is still in Participating City's
possession, Fort Worth shall take contro� of the spill res�onse and Partici�ating
City will reimburse Fort W�rtF� for its response costs as set forth in Section 10.,
Paragraph C.
6,
USE OF WASTE DISPQSALIRECYCL[NG F1RMS FOR HOIJSEH4�D HAZARDQIJS WASTE
A. Fort Warth will enter into a contract(s} with waste dispasallrecycling firm{s} far #h�
handling, col[ection, transpartation, storage, dispasal, treatment, recovery, andlor reuse
of household hazardous waste, which is collected at the ECC.
B. Such firm{s) shall be required pursuant to #he cvntract(s} to assume generator statu� for
the waste colfected, {excluding �sed oil, lead-acid batteries and antifreeze) fo choose a
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disposal site for the waste subject to Fflrt Wo�th's approval, and to indemnify �ort Worth
and participating cities against any and all environmenta� damages and tF�e viofation of
any and all environmental requirements resulting fram the handEing, collectian,
transportatio�, storage, disposal, tr�atment, recavery, andlor recycling af wast� collectad
pursuant to this agreement, when said environmental damages or the violation af said
enviror�men#aI requirements was the result of any act or omission of cor�tracfor, its
officers, agenfs, employees, ar subcontractors, or the joint act or omission of contractor,
its o�ficers, agents, employ�es, ar subcontractors and any other person or entity.
C. �Fi� �Af�i'1�5 RFcCOCNIZ� i}iA� A�iWOUC�I THE �IRii� {S) !iil1�� �� R��UIR��
i0 ASSUiVYE C�N�RI�►iOR ST�Tl15, �'FilS A�SUi�R�TIOf� W1L�� 1�Oi �ELI�II�
�A��'iCIPAoiIWG C1iY O�' LIl��I�I�Y' FOR THE W�SYG UiVD�R ����Rp►� �AW
AAlD STAiE LAI�VI. Fart Worth will arrange for recycling vendars for used oil, batt�ries,
antifreeze, and other materials, as it deems a�propriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time F'ort Worth will make available to residents and businesses of For�
Worth, as well as, Participating City and residents and busin�sses of Participating City
for their use, col[ect�d househald f�azardous waste materia�s that are suitable for reuse,
such as paint, fertilizer, motor oil, and antifraeze. Fort Worth shal� not c�arge far any
materials that are picked up for reuse.
B. Some materials mat�e available for reuse may have been consolidated ar�d filterec! by
Fort Worth priar to being made a�aiiab�e. Us�d antifreeze wifl have been consaEidated in
a barrel, filtered, and pH balanced, and new antifreeze may ha�e been added to the
barrel.
C. In regards fo materials accept�d by Par#icipating City, �'QR� 11V8RiW fii�►►a,F{�S fd�
R��R�S�NTATIOPlS, W�4RRRNiI�S O�. GUA�AWil�S �bAi:
1. the cantainer canfents are wF�at the label indicates;
2. th� container contents are those originally placed into the �container by the
manufacturer;
3. the praduct is af fhe quality intended for iis use;
4. the cont�nts flf the container have been stored praperly;
5. the instructions on the cc�ntainer label far use, storage, and firs# aid are current or
correct;
6. the container is in unimpaired condition;
7. the praduct is still a�proved far use (i.e., it has no# been banned or recalled}; and
8. the praduct can be used without risk ta persans, prope�ty or tF�e en�ironment.
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�URi�1�R�OR�, �� 1dVA�R/�N�I�S, I�X�'C��,SS AN� I�fl��I�D, AR�
SpL GI�ICAL�.Y �EN1�D,
D. Pa�#icipafing City shall contact the ECC program manager to arrange a pickup time to
obtain materials. Participating City agrees tt�at it shall not refurn to Fort Worth, dir�ctly or
indirectly, any materiafs it obtains from Fort Workh under this paragraph.
E. 1N R�CAR95 70 fV�AT�RIAI�S ACC��T�D �Y PARi[�IP�#iIfVC CIiY,
PARiIC[PA71iVC CITY ���S Fi����Y 1�VAlll� AL,L CLAIMS, 1NCZUi�IId(9
�RODUCiS �i�►BI�I'PY C�AIIVIS, ARlD R�L�ASES, �,R�D bOLD5 bARiVI�.�SS TH�
CIiY O� �ORT VidORiFi, �+�l�] �►LL O� f`�S O��ICIALS, O��IC�RS, �fVYP�.OY��S,
,a►C�N�'S, AN� VOLUN���RS, IN �DiH iH�CR �U��IC AN� �RIVAi�
CA��CIiI�S, �rRO(Ifl �►I�Y dWD ALL LIA�I�ITY, CL��MS, SUIiS, DEi1fl�IVDS,
EXP�h�SES O� LITI(aA�IOP�I, DR C/�US�S O� AC�IOtti! 1MFiICI-� Ni�aY �R�S� �Y
R�ASOiV O�' INJURY i� P�R50NS, L��SS O� PROP�RiY, DAMAG� i0
PRO��RTI(, OR LOSS OF USE O�' ANY �RO��R�Y , OCCASION�� �Y �'H�
iR�►NS�O�i,4il��l, SiOR.AC�, MANDLlNG, USE, �ND DISPOS�L �lf
PARiICIPAifWG ClTY O� ANY fl��►i�RIA�.S �4CC����� �Y ��►F�iIC[L�Ai1NG CITY
UN��R i�1S ,�CR��fV��Ni FROM FOFti lNORiH,
F. fn regards �o materfa�s accepted by residents or businesses of Participating Citiss,
�OR� WOR�H ilA�4F�C�5 NO R��R�S�Ni�Ti01�S, 1�IIARRAAlTIFS �R CUARAf�il�5
TH�T:
� 1. the cnntainer contents are what tF�e label indi�cates;
2. the container contents are those originally placed into the container by the
manufacturer;
3, the product is of the qualify intended far its use;
4. the contents of the container have been stared properly;
5. the instructions on the container label for us�, storage, anc! first aid are current or
correct;
6, th� container is in unimpaired condition;
7. #he product is still approved for use (i.e., it nas not been banned or recalled); and
8. the praduct can be used wifhout risk to persons, property or the en�ironment.
�U��'h1�RiV�OR�, �L 1dVARRP►�fil�S, �X�Ft�SS Ai�lD I�iIIPLI�D, �RE
SPECI4�ICALLY DEI�IED.
G. Participating City shall attempt to inform its residents and businesses that if they ga to
th�e Environmental Collec#ion Center ta pick up household hazardous wasfie for reuse, a
release of liability must be signed to accept the househald hazardous wasi� far r��se.
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8.
R[GHT TO REFUSE WASTE
Participafing City agrees that Fort Warth shall ha�e the rigf�t to refuse #a accept wasie at tF�e
ECC from Participating City's resideni and to eject such individual fram the premises of the
ECC, Ef in the reasanable judgrrz�nt of Fort Worth: .
A. The waste �s not householcf hazardoUs waste;
B. The waste fails to meet othe� established criteria established by this Agreement, or �hat
have been established by Fort 11Vorth subsequent to tF�e executian af the Agreement;
C. Th�e individual does nat have sufficient 9dentification to establish that he/she is in fact a
resident of Pa�ticipating City;
D. Participating City has implem�nted a voucher system for its residents fa dispase of
waste, and the i�di�idual does nat have a vaGd vnucher; Qr
E. The waste or the individual presents a hazard ta th� ECC or to persons or property a#
th� ECC.
9.
ENVIRONMENTAL COLLECTI�N CENTER HOURS AN❑ DAYS
OF OPERATiON
A. Hours afi O}��ration
During the term of the agreement, the ECC's hours af o}aera#ian are as follaws:
Thursday anc# Friday 11 :00 a.m. -7:00 p.m.
Saiurday 9:00 a.m. -3:00 p.m.
B. Days the Environmental Collectian Center will be closed
During the term of the agreement, the ECC will be closed on #he following days:
Thanksgiving Hdliday, No�ember 28 -29, 2002
Christmas Hofiday, December 25, 2002
.lanuary 1, 20D3 through January 48, 2Q03, for cleanup ancf repairs
M.L.K. Day January 20, 2QQ3
Memorial Day, May 26, 2003
Independence Day, July 4, 2�03
Labor Day, 5eptember 1, 2003
C. Notifying Residenfs
Participating City agrees ta notify its residents of #he ECC's hours of operaiior� and dates it will
be closed. Participating City may advertise the 24-hour Environmerttal Callection Center
11 .. �f�
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telephone number to gi�e its residents ihe Environmental Callecfion Center's hatars. The
number is: (897) 871-5257.
10.
COMPENSATION
As fair compensatio� for #he servic�s provided by Fort Warth pursuant to this agreement:
A. Participating City agrees to pay Fort Worth the sum of $�0.00 per household per visi# #a
the ECC or per househo�d for participatian in a Mobile Callection E�ent to dispose af
household hazardous waste.
B, If ForE Worth determines that Par�icipating City's MCU operatars improperly packaged
any o� the HHW de�ivered to the ECC, Fort Worth shall repackage such waste, and
Par�icipa#ing City shal� reimburse Fart Warth for it staf� time a# $20.00 an hour and the
cost of sup�lies.
C. lf a spill occurs af the ECC whiie the Non- Fort Worth MCU is still in Participating City"s
possessior�, �ort Worth shall take control af the spill response and F'articipating City will
reimburse Fart Wor�h for i�s response costs af $60.00 per hour sfaff time and the cost of
supplies.
D. The amo�ni d�e to F'ort Wo�th for services provided ur�der #his Sec#ion, Paragraphs A,
B, and C, shal! be billed ta Participating Ciiy quarterly, Participating City shall pay Fort
Worth within 30 days of receiving a bill from Fort Wqrtn. 1f ForE Worth does not receive
payment witnin 30 days, Fort Worth sha�l inform Participating City in writing that it will r�at
accept any household hazardous wasfe from Pariicipating City's residents and that �ort
Worth will not par�icipate in a mobile colEection ever�t ar pravide a mobil� collection u�it
until paid.
E. At the �nd of the term of ti�is Agreement, Fark Warth shall provide a fi�al accounting to
Participating City, which wi[1 include #he total number of Par�icipating City's households
which participated in fhe program, repackaging fees, if any, and the total cast of spill
response charged to i'articipating City, if any.
F. Pursuant to #he requirements o# Government Coda §79�.01 �(a)(3), tF�e amaunt due ta
Fort Wo�kh under Subparagraph D. above shall be paid fram re�enues currently
available to Participating City in the present fiscal year.
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ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES,"' AND PROMOTIONAL MATERIALS
� LICENSE AGREEMENT
�ort War�h is the awner af "Capiain Crud"' and the Cruddies ("�loomer," "�tfio," "Pesfiie,
"Scrula," and "Van Goo'") "Conquer Your Crud," and '"Crud Cruiser", and therefare al[
own�rship rights belong to Fort Worth. For� Worth has registered these marks �s service marks
with the Secretary of State.
A. Fort Warth hereby grants to Participating City a nan-transferable, non-excfusive license
to use all the artwark and promatianaf materials that may be provided by Fort Worth to
be used solely in the conduct of the business of Participating City's disposa! and
recycling of househoid hazardaus waste programs. If Participating City wishes to use to
Licensed Art and/or Pramotional Materials ir� other limit�d situations, Participating City
must frst obtain express written conseni from Fort Worth.
B. F'ort Worth may prov9de ficensed ArtworEc and Promot�anal Materials ta Participaiing City
pursuant to the terms of this Agreem�r�t. Participating City acknowle�ges that by virtue
of this Licet�se, Participating City acquires only ihe right to use tf�e ariginal and permitted
duplicafe copies of the Lic�nsed Ar�work and Promational Materials and does not
acqu9re any rights of ownership in the Licensed Artworfc and Pramotional Materials,
which rights shall remain exclusively with Fort Wor�h. If Partieipating City wants to modify
ar change the artwork ar�dlo� promotional materials in aRy manner, Participa#ing Ci#y
hereby agrees to contact F'ort Worth in writing ta abtain written consen# #aefare modifying
or changing any artwork andlor pramo#iana[ maferials.
C. If Pariicipating City desires an actar to par�ray "Captain Crud" for an event, Participating
City shafl use actors approved by Fort Worth to por�ray "Captain Crud" since "Captain
Crud" is owned by Fort WortF�. f'articipatir�g City s�a[I be solely responsible for
campensatEng actar far the services pro�ided to Par�icipating City. Partic9pating Ciiy will
cQntact Fort Wor�h as soon as possible wifh the date and time of the e�ent agreeab[e to
both parties to abtain aApraval far the chosen actor ar�d to request and pickup the
"Captain Crud" costume for its events. Fort Worth will provide the "Capta9n Crud"
casturne. Hawever, Participating City a�rees to be IiabEe ta �ort Worth for any damage to
the costume or if Participati�g City fails to raturn the entire costume to Fart Warth ar if
the co�t�me is not returned in the same condition as receiWed.
12.
IMMUNITY
It is expressly understood and agreed tha�, in the execution of ii�is Agreement, none of the
participating cities wai�es, nor sY�all be hereby deemed to waive, any immunity or defense that
would oiherwise be available to it against claims arising in the exercise of go�ernmenta[ powers
an� functions, and that the services descr�bed in fhis Agreemant are a go�ernmental funciio�.
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�3.
F�RCE MAJEURE
A deiay or failure of F'ort Worth 4o perform services pursuant to this Agreement shall be excused
ta the extent that ti�e delay ar failure to pertarm resu(ted from a force majeure ever�t, and the
delay or failure was beyond the contra[ of Fort WarEh and no# due fo its faulf or negligence.
Par�icipating City shall not have, and hereby waives, any claim whatever far any clamages
resulting from delays ar failure to �erform caused by a force majeure e�er�t.
14.
TERMfNATION
The parties shall each have the right to term�nate the Agreement for any reason, witf� ar without
caus�, upon thiri�r (30} days writter� notice to the other party. Upon termination, the parties shall
be released from all contractual obEigatio�s to the ather party excluding "USE DF WASTE
D�SPOSALIRECYCLfNG FIRMS FOR HOUSEHOI.D HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTE� MATERIALS" (Paragraph 7} and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT'
(Paragraph 11).
15.
NOTICE
Any notices r�quired to be given under this Agreement shalf be delivered as folfows:
If ta Fort Worth:
Brian Boerner, CHMM, Dir�ctor
Department of Enviranmental Management
City of Fort Worth
1 Q�0 Throckmarton
Fori Worth, Texas 7�102
If to Participatina Citv:
��[���1 ���� �t'
C� 1� 5`tr �If��
�i��g��TX ��,0��`
16.
ENTIRETY
This Agreement cantains all commitments and Agreements of the parties heretoa ar�d rt� other
ora! or written commiiments shall ha�e any force or efFec# if not con�ained herein, except #hat
this Agreement can be amended ar modified by the parties if such amendment ar modificat9on is
in writing and signed by Participating City and Fort Worth.
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17.
SEVERABI LlTY
In the event anyone or more of the provisions contained in this Agreemenf shall for ar�y reasan
be hefd to be invalid, illegai, or unenfarceable in any respect, such invalidity, illegality, or
unenforceabi[ity shall nat affect any other provision thereof and this Agreement shal! be
cQnstrued as if such invalid, illegal, or unenforceable pravisions had never been contained
herein. �
18.
VENUE
Sho�ld any action, real or asserted, at law or ir� equity, arise out of the terms and canditions of
this Agreement, venue �or said action shall be in Tarrant County, Texas.
19.
AUTHORITY
This Agreement is made f�r Fort Worth and Participating City as a� Interlocal Agreement,
pursuant to Texas Gov�rnment Code, Chapter 791.
20.
AUTHORIZATfON
The undersigned officers andlor agents of the parties hereto are properly au#harized officials
and have the necessary authority to execute this Agreemenf on behalf of the parties hereta, and
each party hereby certifies to the other that any necessary resolutions extending such a�thflrity
have been duly passed and are now in full force and effect.
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EXEC�TED fN TRIPLfCATE
C1TY OF FORT WORTH
By: ,, �
_ �� .�
L9��y Watson
Assisfant City Manager
Dafe: ' �, �� �
APPROVED AS TD FORM
AND �EGALITY:
C�-�` c�-� A�. le 1��
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Pr ed ame: ��rr�y ���;,: � ��r �+
Title: Il�;�r �� � �1�.1 s�� a��
Date: [J�- �i..(�
��tii S�o � � e�� i� `�
Assistant City Attarney U
A T:
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loria earsa
City Secret�y
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Contract authorization
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Date
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APPROVED A5 TO FORM
AND L�GALITY:
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ATTEST:
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City S�cretary
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EX�'lli�lt ��Ar•
���iOCK1N� LIS�' �'O� �H� IV�O�IL� COLL�CiION UNIi
Material � �►moun� �esfocked
55 gallan open tap Amount taken off the
drums (apen tap far trail�r
loose packs)
55 gallon drums Amaunt taken a�f the
(closed top} {oil, traiier
anfifreeze, bulk
flammable materials
artd on� extra}
Fiber drums (55 or 30
gallon) Aerasois,
acids, bases ar�d
oxidizers)
Gaylord box liners
Amount taken off the
irailer
(plastic} Amount taken off the
trailer
55 gaqon drum liners
Amount #aker� off the
traiier
5 galEon buckets
(filferslhaz chemicals} Amount taken off the
trailer
Survey Forms
Amount taken off the
trail�r
Labelsldr�m placard
Amoun# taken off the
. trai[er
Gaylord boxes
Amouni taken aff the
trailer
Absorbent pads
Amount taken off the
trailer
Vermic�lite
• Amount taken off the
trailer
Oil dry
Amount taken aff the
frailer
Promotional Materials
& Broch�res Amount ne�d�d
Speeial Needs � Remarks
���G��� iC ��..it �j � . 1
�% ,:A��L'�I� I!�f�'-�I':'ll��(�t��
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i ' � '.�S "LY�
: � �i�" , I: ��� �
Exhibif "B"
WANER AND R��.�ASE OF LIABILITY FOR GOLLECTiON OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner af property locafed at ,
ha�e been asked by the City of to allow a mobile colle�tion
event on my proper�y to ca[lecf househofd hazardous wasie on the , 2001.
In consideration of , 1 hereby give my permission to the City of
to hold a household hazardous waste callection �vent an my
prap�rty in whicl� the City of has asked the City of Fart Worth
to send its mobile coliection unit to co[fecf the housenaEd hazardous waste that is brough� to the
�v�nf.
Therefore, in consid�ration of , I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worih or its afficers, agents,
and employees and the City of and its office�s, agents,
ar�dlor employees for any and alf claims, demands, fiability, causes of action, actions or suits of
any character that I may have against the Cify of Fort Wortn ar its officers, agents, andlor
employees and the City of or i#s officers, ag�nts, andlor
employees far any property loss or damage, fflr any and all persona[ injury including death or
any oth�r damage of any kind or c�aracter which may arises or that arises fram al[owing the
City of #o ho3d a household hazardous waste collection event, in
which ihe City of Fort 1Nart� sends its mobile ca[feefion ur�it on my property.
I hav� read this Waiver and Release and fully understand iis terms and conditions. 1 ha�e nnt
been influenced in any extent whatsoe��r by any representation or statements not contained in
this Agr��menf. I hereby acknowfedge that this Wai�er and Release is givet� in consideration of
Signature
Witness
Date
18
City of �o�t V�orth, �'exas
i��y�r ��d ��r��ciL� ���r���ic�����
�ATE REFERENC� NUMBEFt LOG NAM� PAG�
9124/02 **��, j 92�� ��. 52COLLECT 1 of 2
SUBJECT INTERLOCAL AGREEMENTS WITH � VARIOUS MUNICIPALITIES FOR
PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
RECOMMENDATION:
li.is recommended that the City Council authorize the City Manager io execute interlocal agreements
with various municipalitiesler�tities for participation at the Environmental Collection Center.
D�SCUSSION:
The City's Environmental Collection Center is now in its sixirh y�ar of vperatior� collecting household
hazardous waste from t1�e ciiizens of Fort Worth and surrounding. communities on a year round basis.
lr� order for non-Fort Worth citizens to participate at tl�e Environmental Collectian .Center, each
municipality is rer�uired to enter into an interlocal agreement with �he City of Fort Warth. �
The rate per househald for the p�riod cavered by these agreements (October 1, 2002 fhrougF�
September 30, 2003} is $50.00. The decrease in the rate is due to receipt o� a grant from the North
Central Texas Council of Governments that will provide $150,000 far dispasal costs during FY20Q2-
2003. It is anticipat�� tha# approximately $420,000 will be collected under these a�reements. During
FY20a1-2�02 twenty-six area communities s�gned participation agreements with the City of Fort Worth.
For the upcoming year we expect all of thase commu�ities to participate and have had interest
expressed by.six athers.
This agreement outlir�es the responsibilities of each party, establishes the ra#e for participation, and
delineates ihe usage of senrice marked, public education material. The City af Fort Warth is
res�onsibfe for averali operation of the En�ironmental Collection Center including co�tracting with a
hazarcfaus waste dispasal company for transportatian and disposal of materials collected. The
foliowing er�tities �tave ex�ressed an interest �*) or are expected to commit to participation for the period
October 1, 2002 through 5eptember 30, 2003:
Arlington
Benbroo[t
Cleburne
Euless
Haltom City
Kennedale�'
North R�chland Hills
Raanoke'`
Stephenville
Upper Trinity Regional Water District
Wf�it� Settlement*
Azle
Burlsson
Colleyville
�rand Prairi�
Hurst
Mansfield
RichEand Hills
Saginaw
Trophy Club"
Venus
Willnw Park*
Bedford
Cedar Hill
E�erman�`
Grapevine
Keller
N �wark
River Oaks
Southlake
Un-incarporated Tarrant Cour�ty
Watauga
C'ity of �'ort �orth, T'exas
il��y�� ���t ����ci� ������ic��i��
DATE REFERENCE NIJMB�R L.OG NAM� PAG�
9124/02 �'*�-1925� 52COLLECT 2 of 2
SUBJECT INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
PARTICIPATI�N AT THE ENVIR�NMENTAL COLLECTI�N CENTER
�15CAL INF4RMATION/CERTIFICATIQN:
The �inance Director cartifies that the Enuironmental Management Dapartment will be respansible far
the collection of funds due under these agreements.
LW:n
Submitted for Cify Manager's
OPf"ice by:
Libby Watson
Originating Departmenf Head:
$rian Soemer
Addifional Informatian Contact:
�'UND I ACCOUNT I CENTER I AMOLJNT
(ta)
Rifl3 488220 0521iQ0
6183
8074 (frnm)
CITY SECRETARY
APPROVED 9124/�2
Brian Boemer $079