HomeMy WebLinkAboutContract 28036C!i'Y S�C���'��3� ,� {) ��4a
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INTERLOGAL AGREEMENT FOR PARTIC[PATION IN F'ORT WORTH'S
ENVIRONMENTAL COLLECTfON CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM �
THIS AGREEMENT Es enfered into by and between the City afi For� Warth, Texas, a hame-rule
municipal corporation situatecE in Tarrant and Denton Counti�s, Texas, hereinafter called "Fort
Wor�h," actin�g herei� by and through Libby Watson, its duly aut�o�ized Assistant C�ty �lanager,
and � �l F I�Q.► � �1��C a municipality situated in �.►5.�: , Texas; — � � �°�`�'�
her�inaft�r call�d "Participating City," acting herein �y and through �.�.I�1E�L+�rV�L its duly �h�
autharized �I�. . ����,�,��
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WITNESSETH �� � �
WHEREAS, Texas Gavernment Code, Chapter 791, autharizes the farmulation of interlocal `�'�
cooperation agreements between and amang local go�ernments; and
WHEREAS, Texas Gavernment Code, §791.011 pro�ides tnat a local government may contract
with another to perForm gav�rnmental functions and services, and §791.003{3}(H) defines waste
dispasai as a governmenta! function and service; and
WHEREAS, Texas Go�ernment Code, �79'I.025 provides that a local go�emment may agree
with another local government to purchase services; and
WHEREAS, Fort Worth and Part�cipating City desire ta enter inio an interlacal agreement
whereby Fort Worth wifl purchase the services of a waste disposaVrecycling firm or firms and
will administer a ho�seMQid hazardous waste collectian program; and
WHEREAS, Fart Warth and Pa�ticipating City mufuaEly desire t� 6e subject ta the provisions of
Texas Government Code, Chapter 791, also known as the Interlacal Cooperation Act.
NOW THEREFOR�, [t is agreed as follaws:
1.
DEFiNITIONS
A. Unless a provision in tnis Agreement �xplicitiy states otherwise, the fallowing terms and
p�rases, as used in tF�is A�reement, sha�l ha�e fif�e meanings hereinafifer designated.
Ac# of God means a� act occasEoned by the direct, immediate, and exc�usi�e operafian
oi thte farces of nature, uncontrofled or �ninfluenced by the power of humans and without
F�uman interv�ntion.
Bil! of �adinq lists the contents of the mobile collectian unit,
EnvironmentaE Coilectian Center (ECC� means the City of Fort Worth Department af
Environmental Management facility located at 64D0 Bridge Str�e.t, Fort Worth, Texas,
which is io be used by Fort Worth for the aggregaiion of household hazardaus wastes
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that have beer� braughf to #he facil�ty by partic�pating cities' hauseholds for subsequent
recyclir�g, disposal, and/or reuse.
Environmenfal dam�Qes means all claims, judgments, damages, lasses, pena�ties, fin�s,
liabilifies (incfu�ing strict iiability), encumbrances, li�ns, costs, and expenses of
investigation and defense of any claim, whether ar nat such claim Es uliimately defeated,
and of any goad faith settlemenf or judgment, o� whatever kind or naiure, contingent or
otherwise, matured or unmat�red, fores�e�bie or unforeseeable, includfRg without
limitation reasonable at�orney's fees and disbursements and consultant's fees, any of
which are incurred subsequen� #a the executian of this Agreement as a result of the
handling, callection, transportatior�, storage, disposal, treatment, recov�ry, andlor reuse
of waste pursuanf to #l�is Agreemen#, c�r the existenee of a violation c�f environmental
requirements pertaining to same, and includir�g without limitation:
(a} Damages fior personal injury and death, or injury to praperty or natural rasources;
(b) Fees incurred for the services of attarneys, consultants, contractors, expe�ts,
laboratories and af� otF�er casts incurred in connection w�th the in�estigation or
remediation of such r,vastes ar viola�ion of environmenfal req�irements including,
but not fimited #o, the preparation of any feasibi�ity studies or reparts ar the
performance of any cleanup, reme�iation, remaval, response, abatement,
confainm�nt, closure, restoration ar monitoring wark r�quired by any federal,
state or loca� gov�mmentai agency or political subdivision, ar otherwise
expended ir� connectinn wi�h the existenca of such wastes or violations af
environmental rcquiremenfs, and in�luding without iimitation any attorney's fees,
costs and expenses incurred in enforcing this Agre�menf ar callecting any sums
due hereunder; and
(c} Liability to any third persan or governmenta! agertcy to indemnify such person or
agency for costs �xpended in connection with the items referenced in
su�paragrapFt (b) herein.
Environmental r�quiremenfs means all applicable �resent and future statutes,
regu[ations, rules, ardinances, codes, liCenses, permits, arders, appravals, plans,
authorizations, concessions, franchises, and similar items, of al! go�ernmenta� agencies,
depar#ments, commissions, boards, bureaus, or instrumenfa]ities of the Unit�d States,
states, and poiitical s�bdivisions thereaf and afl appiicable judicial, adminisfrati�e, and
regulatory decrees, judgments, and orders relating fo the protection afi F��man health or
#he enWiranmenf, including withaut limitation:
(a) All requirements, including but not limited to those pertaining to reporting,
Eicensing, permitting, inv�stigatian, and remediatian nf emissions, discharges,
releases, or fhreafened releases of hazardous materials, pollutants,
contaminants, nr hazardous vr toxic substances, materiafs, ot wastes whetner
soli�, liquid, ar gaseous in nature, ir�to the air, surFace wai�r, groundwater, sform
water, or iand, or relating to the manufacture, pracessing, distributian, use,
treatmerti, storage, disposal, tra�spor�, ar handling af pollutants, contaminants, or
hazardous ar taxic substances, materials, or wasies, whether solid, liqUid, or
gaseous in nature; and
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(b} All requiremenfs pertaining to the protection of the �ealth and safety of
employees or tne public.
Farce maieure means decrees of or restraints by a go�ernm�ntal instrumentality, acts of
God, work stoppages due to labor disputes or strikes, failure of �ort Worth's
contractor(s) to perform pursuant to their agreements wi#h Fort Worth for the cond�act af
the coflection af household hazardous waste, fiires, expla5ions, epidemics, riots, war,
rebeflion, and sabotage.
Hflusehald hazardous was#e (HHW) means any so(id rrvasie generated i� a hous�hald by
a cansumer whicn, exce�t far the exclusian provided far in 40 CFR § 261.4(b}{1}, would
be classified as a hazardous waste [ancfer 40 CFR Part 26 �.
Manifest means th� ur�iform hazardous waste manifiest fa�m{s) furnished by the TNRCC
to accompany shipments of municipal hazardaus waste or Class 1 industrial solid waste
for waste transported to a site in Texas, or the comparable manifest of the receiving
sta#e if tF�e wasfe is transported aut of Texas.
Mobile colleciiot� event means a hausehold hazardous waste collection even� by
Par�icipating City uti�izing a mobile colfection uni#.
Fort Worii� Mobile colfection unit (MCIJI means a non-self-propelfed vehicle usad for the
periodic coflection af household hazardous waste by Participating City, aff-site of the
ECC, which is transp�rted to the ECC to dis�os� of the household hazardaus waste
colEected at the mabile col�ection �vent. The Fart Warth Mobife Callectian Unit is
designed fo hold the hazardous waste ofi approximately 50 to 75 households.
Participatin4 Cities, when used in the plural, means Fort Warth, Participating Ci�y, and all
other entities which ha�e entered into interlocal agreem�nts with Fart Worth f�r the ECC
househoid hazardous waste cQflection program.
Person mear�s an individuaf, corporation, organization, gavernment, ar go�ernmental
subdivision or agency, busir�ess trust, partnership, associstion, or any other Iegal entity.
Waste has the same meaning as °solid waste"' as that term i� d�fined in T�xas Health
and Safaty Code �361.003, and including hazardous substances.
B. Unless a provisinn in this Agreemen# expl�citly states otherwise, the following
a�bre�iations, as used in this Agre�ment, shall have the meanings hereinafter
designat�d.
CERCL.A - Com�ref�ensive En�ironmental Response, Campe�sation, and �iabilify Act.
CPR - cardia�ulmonary resuscitation.
DOT - lJnited States Department of Transporiation.
ECC - Environmental Colfection Center.
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EPA - Unit�d States Er�viranmental Pratection Agancy.
HAZCAT - hazardous categorization.
HAZWOPER - hazardaus wasfe operations and emergency response.
HM - hazardo�s materials.
HHW - household hazardous waste,
MCU - Mabile Collection Unit,
2.
I'URPOSE
The p�rpase of this interEocal agreemer�� (hereafter "Agreement") is the pra�isior� af services by
Fart Worth fo Participating City whereby, subject to the terms and conditions speci�'ied belaw,
�ort Warth wil! admirtister and supervise a regiona� household hazardous wasfie collecti�n
pragram, which will be available ta households witi�in Participating City.
3.
TERM
This Agreemen# shall be effecfive from th�e date the lasf parky has signed this agreement
through September 30, 20�3,
A�.
SERViCES OF FORT WORTH
Fort Wor�h agrees to perform fhe following serrrices for Participating City in connection with the
ECC household hazardaus waste collection program:
A. Fort Warth wifi administer a regional hausehold hazardous waste collection program.
This program wi11 include t�e operafion of the En�ironmental Collection Center, which
will accept for disposal and/ar recycfing F�ausehold hazardous waste from ho�sehoEds
located within Participating City. Fart Worth shall not accept compressed flammable gas
containers; radioactive materials; explosives ar pofentially shock sensitive materials;
bialogical, etio[ogic, and infectious ma#erials; wastes from businesses; and any oti�er
wastes that Fart WorEh has determined are unacceptable,
B. �ort Warth wilf employ or retain personnel to provide the services necessary to perform
Fori Worth's obfigations in fhis Agreement.
C. For� Worth will enter into a contract{s) with waste disposallrecycfing firm(s) for the
handling, co�lection, transpor�atiar�, starage, disp�sal, treatment, recovery, andlar reuse
of household hazardous waste, which is collected at the ECC,
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D. Fart Wor�F� will, if requested in writing by Participat9ng City, provide Participating City wiih
copies of waste manifests for shipments of waste from tF�e ECC.
E. Fort Worth will, ifi reques#ed in rtvriting by Participating City, pravide Participating City a
manthly report ofi the Par�fcipating Ciiy's househol�s who disposed of househald
hazardous waste at the Environmental Cofl�ction Center or a Mobile Collection Event.
F. F'ort Worth will issue a repart and a biif at the end of each quarter detailing ihe number of
Participating City's households that disposed af househflld hazardous waste at the
Environmental Collection Center or at a mobile collection event.
G. Fort Warth vvill act under ihis Agreement in accordance with all applicable state and
federa� laws.
H. Non-Fart Worth Mo�ile Collection L1nit
1. Fori Worth agrees ta accept household hazardous waste from Participating City's
MCU in accordance with Section 5, o� this agreement.
2. Fort Worth agrees ta restack the items it removes �from Participating City's MCU,
hawever, �'ort Worth shall only restock 9t�ms listed in Exhibit "A", attacheci and
incorParated herein as if set forth.
1. Mobile Collection Events --�sinq Fart Worth's Unit
1. If Participating City wfluld like to schedule a mobile collection event with
fhe Fort Worth Mabile Callection Unit, Fort Worth will send Participat9ng
City a list of aWa[lable dates. Par�icipating Giiy will contact For� Worth as
soan as possible to schedu[e the date, time and �ocation agreeab[e #o
both parties.
(a} Location
If Participating City chooses to hold th� Mobife Coll�ction ��ent on
private properiy, Par�icipating City shal[ obtain a signed wai�er
from the owner of the pro�erky 1 week prior to the event. The
waiver shafl be in the form af Exhibit B or similar form approved by
Fflr� Warth. Tf�e signed waiver must be sent to Fort Worth � week
before the Mabi�e Colleciinn Event. If the signed waiver is not sent
to Fart Worth 1 week before the Mobile ColEection Event, Fort
Warth will nat send the Fort worth Mobiie coilection u�it to the
event and Participating City wili, in na event, be entitled to any
damages of reco�ery of any casts, except as provided herein.
(b) Availabfe Dates
Participating City acknowl�dges that Fort WortF� contracts with
other mur�icipafities and that Fart Warth will be accammadatir�g
each Participating CEty's request o� a first come first served basis.
Therefore, Participaiing City acknowledges that iis chosen date fio
schedule a mobile collection event may be reserved by another
City and Participating City wilf Y�ave to choflse another date.
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Par�icipating City will, in na event, be �ntitled ta any damages or
r�co�ery of any costs, exee�t as �rovid�d herein,
2. At fihe Mobile CaElection E�ent, Participating City acEcr�owledges an� agrees that
Fort Worth shall accept household hazardous waste from the #'irst �0 ho�seholds
that shovd proaf af residency at the Mabile Caliection E�ent. After the first �0
househofds, Fort Worth will determine in i#s sofe discretion how much more
waste it can accep# and store properly. If mare househo�ds arrive at the event
than Fart VIlor�h can accept, Participating City will in no e�ent be entitled to any
damage af recovery af any casts, except as pro�id�d herein.
3. Due to the lack of s#orage space at the ECC, Participating City acknowiedges
a�d agrees that if i# reques#s the Fort Worfh Mabile Coflection Unit at a mobile
colfection event, a Participating City's Non-Fart Worth Mobi�e Co�leciian Unit shal[
not alsa 5e at tt�e event.
4. City, in its sofe discretion, will determine whether to send the �ort Worth Mobile
Cal�eetion Unit to Participafing City's Collectian �vent during ad�erse weather or
#he threat of adverse weather including but not limited to sleet, snaw, rain, mist or
f�ail. In the event Fo� Worth de#ermines not ta send the For� Wor�h Mobile
Co�l�ction Unit, Fort Worti� shall notify perso�s listed in Section 5, Paragraph A
a�d shall send a Fart Worth employee to the Participating City's e�ent to tell any
residents that come to dispase of househa�d hazardous wast�; 1) that fhe Fart
Worth Mobile Ca�lection Unit will hot be c�ming to the event, and, 2) that the
resident can go to the ECC #o dispose of the waste and provide a map to fihe
ECC,
5.
DUTIES OF' PARTICIf'ATING CITY
Participatir�g City agrees to perform the folfowing duties in cannectian with the household
hazardaus waste callectian program: �
A. Participating City will designate one of ifs employees, and another as an aliernate, #o act
as its household hazardaus was#e collection coordinator fio interact with Fart Wor#h,
Designated person is: �,,��'���� �-�'O�YI�°1� telephone number: ���f�'��"�g��
Pager number or 24-hour n�mber where he or she can be reached: f�l"i �"��1�-=� I
Alternate person 9s �rA� S�-�i"�' telephone number: �'�1"�i1 �� ���
Pager numb�r ar 24-hour num�er where he or sY�e can be r�ach�d: ��! �-•-�(� I'�
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B. Participating City will coordinate and fund alf program advertising targeted to its own
citizens, as i# deems necessary. SueF� advertisfng shalf include the type of wastes that
will be accepted at the ECG, the requirement of proaf of residency ar�d weafiher
cancellation information.
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C. Participating City shall notify its residents of the ECC hours of operaiion and dates ii is
clas�d as provided in Sectio� 9"The Environmental Collection C�nter Hours of
Operation.'" �
❑. Participating City may choose to utilize a vaucher system far 9ts residents in orde�- for
tnem ta bring HHW to the �CC. [f Participating City chooses to use such a system, it
shall notify Fort Worth af the dec9sinn, and shall pravide Fort Worth with a copy of #h�
official voucher. In addition, if a citizen firom a Participa#ing City that uti[izes a voucher
system comes to the ECC or a mobiie collection e�ent without a �oucher, Participating
City acknowledges and agre�s that F'ort Worth will not accept the household haz.ard�us
waste until Participaiing City authorizes the acceptance in writing.
E. Participating City may submit a wriften request for a monthly report iisfing the number of
ifs city's F�ouseholds that hav� disposed of househald hazardoUs waste at the ECG or a
mobife collection event.
F. Participating City shall provide traffic control ar�d signage for the mob�le coll�ction
events, and shall pro�ide personnel to assist Fort Wflrth with the survey and� screen9ng
of persans dropping off househofd hazardaus waste. The parties prior ta the event shall
agre� upon t�e details of #he traffic control, signage, ar�d �ersonnel assistance.
G. Particioatinq Citv's Mobile Co�lection Units Collectina House�a[d Hazardous Waste
�. Participating City shal� advise the ECC pragram manager at least 72 hours in
advance of its mabile collection events. Participating City sf�a�l collect anly HHW
during a mobile co��ectio� event. Wastes from commercial, agricultural, and
industrial saurces shall not be accepted. Participating City sf�all not accept
compressed flammable gas containers; radioactiv� materials; explosives ar
poientially shocic sensitive materials; biologica[, etiologic, and infectio�s
materials; and any other wastes that Fort Warth has determined are
unacceptable.
2. In accardance with the latesi DOT requirements, Participatir�g City's MCU
operators will properly categorize, packag�, mark, Iabel, and load into the MCU,
al[ wastes received at the mabile callection event. Recyclabfe products {used oil,
used oil filters, latex paint, recyclable anti-fr�eze, lead-�cid l�atteries, and
fluorescent lights) will be segregated into containers for recycfa�les.
3. After accepting wastes, Participatir�g City's MCU operators sha[I thoroug�Ey
check each container far �roper labeling and identification. If a container is
p�-operly identified, the material will be segregated according ta hazard class and
prepared for packaging. If a cantainer dQes not have adequate fabeling to permit
�d�ntification, the MCU operators shall then attempt to identify the material #rom
its physical characteris�ics using HAZCAT analysis and from information prvvided
by the household presenting the waste. .
4. The Participating City's MCU operators sha[I package al1 hazardous materiais in
aecordance with Unifed States Department o�F Transportatian (DOT}
requiremenfis, United States Er���ronm�nial Protection Agency (EPA)
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requirements, and a�l other app�icable federal and state requirements. After a11
the wastes have been properly ide�tifiied and segregated, the MCU operators will
reexamine the wastes far compatibility, [ist them an the container conter�t sh��ts,
and pacic fhem into drums. Oif-based paints and latex paints shall be bulked
separateiy in 55-gallon drums, or if the paint is left in its container, fihe pair�t can
be packed in a lined cubic yard box, and packed al�d labeled according to federal
and sta#e regufations. Participating City s�all not transport waste that is not HHW
to fhe ECC, Parficipating City agrees to make its �wn arrangements to dispos� ofi
any non-HHW wasfe co[lected at the event.
5. Prior to transporting the HHW from the callection event si�e(s), Participatir�g City's
MCIJ operatars shall camplete a Bill af Lading, and shall keep the Bi�l af Lading
in the cab of tF�e #ruck hauling the MCU during transportation of the HHW to the
ECC. Participating City shall require ihat a minimum of one copy of the latest
North Americart Emerge�cy Response Guid�book be kept within the cab of the
truck.
6. During transportation, Participating City's MCU operators shall placard the MCU
for fransportation of hazardaus waste in accordance with fiederaf and state faw,
7. Upon the return of the MCU ta the ECC, Participating City's MCU operatars shall
follow the i�structians of Fort WortF� regarding the placement of the MCU fior
unlaading, Fart Worth sliall talce possession of the MCU from Participating City
afiter the MCU has been pro�erly parked for unfoading in accordance with Fart
Worth's insfruciions and alf required documents have been delivered to the ECC
�rogram manager ar his designee at the ECC. Fort Worth shall, uvithin a
reasonab�e amount af time, unload the HHW from the non-Fart W�r�h MCU and
store the HHW at the ECC.
8. If Fart Worth, in its sale discretion, determines that Participating City's MCU
aperatars improperly packaged any of #he HHW deli��red to #he ECC, Fort Worth
shall repackage such waste, and Partieipating City shall reimburse Farf Worth as
set for�f� in Seciion '[ 0., Paragraph B.
9. If a spill occurs at the ECC while the MCLJ is stifl in Pariicipating City`s
possession, Fort Worth shall take control of tne spi[I response and Participating
City will reimburse F'ort Wo�h for its response costs as set fo�th in Section 10.,
Paragraph C.
6.
USE OF WASTE DISPOSALlRECYC�WG FIRMS FOR H�US�H�L.D HAZARDQUS WASTE
A, Fort Worth will enter into a cnntract(s) with waste disposallrecycling firm(s) for the
ha�dling, collectian, transpartation, storag�, disposal, freatment, recovery, andlor reuse
of household hazardous waste, which is collec#ed at the ECC.
B. Such firm(s} shall be required .pursuant to �he contract(s) to assume generator statu� fiar
the waste collected, (excluding used ail, lead-acid batteries and antifr�ez�) to c�oose a
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dis�asal site for the waste subject to �'art Worth's approval, and to indemnifiy For� Worth
and �articipating cities against ar�y and all envEronmental damages and the vialation of
any and all environmental requir�ments resulting from the handlEng, collection,
transpor�ation, storage, disposal, treatment, recovery, ancflar recycling of waste col[ected
pursuant to this agreement, when said environmental damages or the violation of said
en�ironmentaf requirements was ihe resuit of any act or omission of contractor, its
officers, agenfs, employees, or subcontractors, or ihe joint act or omissian of contractor,
its officers, agents, employees, or subcontractors and any other person ar entity.
C. iHE p�►�T'I�� f��COCNl��� YH�li ALibOUCH Y�1� �I�ii� (S) W[L� �� R�QU[R��
i0 r4SSl�1Vl� C�AI]�R�iOR S�'AiUS, �F�IS ASSIJ�APiI�i� WfLL PlOi RELiEII�
P��YICIPAYING CI�1( O� �IA�ILITY FOR �'H� V4��45�� UiVQ�R ����R/�� �.AW
AAI� SiAi� ��W. Fort Worth wi[I arra�ge for recycling vendars far used oil, bafteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLEGTED MATERIALS
A. From time-ta-time For� Warth will make available to residents and businEsses of Fort
Warth, as well as, Participating City and residents and businesses of Par�icipating City
for fheir us�, colfected household hazard�us waste materials that are suitable for �-euse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Warth sha�l not charge for any
materiafs that ar� picked up for reuse.
B, Some materials made avaiEable for reuse may ha�e been consolidated and fiitered by
For� WorEF� prior to being made a�ailable. Used an#ifreeze will ha�e been consolidated in
a barrel, filtered, and pH balanced, and new antifreeze may hav� been added to the
barrel.
C. In regards to materials accepted by Parkicipating Ci#y, �0�� WBRiH IVi,�F��S NO
R�P��S�AI�'A�10lV�, Wi41�R�►NiI�S A� GUA�AN�I�S ibAT':
1. the container cont�nfs are what the label indicates;
2. the container contents are thase originally placed inta ihe container by the
manufacturer;
3. the product is of the quality intended far iis use;
�4. the contents of the container hav� been stored proper[y;
5. th� instructions on the container label for use, storage, and first aid are current or
correct;
fi. the container is in unimpaired condition;
7. the product is still appro�ed for use (i.e., it has not been banned ar recafled); and
8. the product can be used wifhnut risk ta persans, property or the enviranment.
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F'UFtT'bi�RfVIOR�, AL� �IIf�RRANiIES, EXPR�SS �Fd� fM�L[�q, AR�
SP�CII�IC,�LLY DENIED.
D. Participating City shall cantact the ECC program manager to arrange a pickup time to
obtain materials. Participating City agrees that it shafl nat return ta Fart Worth, directly or
indirec#ly, any materials it obtains firom Fort Warth undar this paragraph.
E. IW R�CARDS T'A MAiERIALS ACC�Pi�D ��' �ARilC1P�►iIN� CIfY,
��►�`T'IC1F���INC� CI�1( D��S F'��F7��Y 1dV�aIV� ALL CLA[�VPiS, �NCLl1DIWG
�F�09L1CTS �IABI�.ITY CLAli41iS, �ND V��L�AS�S, r4N� HO��S HARf4�L�5S iH�
CI`TY O� 4�ORT WORiFi, �!� AL� 4� riS 0��1CIA�S, OF�IC�RS, EIV➢PLOYEES,
�C�Pl�'S, AN� V4LUNi���S, �N ��i�l iHEIR PCIBLIC AN�} ��11�A��
CA,��CIiI�S, FROiiA ANY �IdD AL� �[�o�IL1�Y, C�AI�VIS, SUI'TS, d�IV�Af�DS,
EXPER�5E5 O� LI�iGa►iIQN, OR CAUS�S O� �CTIOP! WH1CFi M�1Y �.RI�� �Y
R��►50Rd OF 1fVJURY i� PERSONS, iOSS O� ��O��RiY, �AfV�AG� i0
PROPERiY, OR LOSS O� US� O� �4NY �I��PERiY , OCCAS101d�D �Y iH�
iR�i1lSPORTAiI�fV, STORAG�, FiAN�LING, US�, A[V9 �ISPOSp►� �Y
P��iT'ICIF�AYING CI�Y O� �►IVY �11�A�'�RIALS ACC�PiiED �Y P�1�YIC[P��'ING CI�Y
U[V�F � T'HIS �►CR��IVIFi�i �ROM F'O�t� lNOR�H.
�. In regards to materials accepted by residents or businesses of Participating Cities,
�OR� 1iV'ORiH iVllp►K�S f�� R�PR�SEi�i�►T1QN5, lNARRAN�[�S OR GUARANTI�S
i�Ai:
2,
3.
4.
5.
6.
7.
the cor�tainer contents are what the label indicates;
the container cor�tents are thase originally placed into the cor�#ainer by the
manufac�urer;
the product is af the quafity intended for its use;
the cantents of tne con�ainer have been stored properly;
t�e instructions on the contain�r label for use, storage, ar�d iirs# aid are currenf ar
correct;
the conta�ner is in unimpaired condition;
the product is stiil appra�ed for use (i.e., it has not been banned or recalled); and
8. the product can be used rrvithout risk to persons, property ar tne en�ironment.
�UR�H�RfV�OR�, �a�� WARR�►NTIES, €XPRE55 AN� IIV�P�I��, ��
SPECI�IGALLY C�L�NI�L�.
G. Participating City shall attempt #o inform its residents an� businesses t�tat if they go to
the Enviranmental Collectian Center to pick up house�old hazardo�s waste for reuse, a
releas� of liability must be signed ta accepf the ho�sehold hazardatas waste for reuse.
1Q
8.
RIGHT TO RE�'US� WASTE
Participa#ing City agrees that For# Worth shall have the right to refuse to accept waste at the
ECC fram Participating City's residenfi and to eject s�ach individual from the premises of the
ECC, if in the reasonable judgment of Fart Worth:
A. The waste is riot household hazardous waste;
B. The waste fails ta meet other established criteria estabfished by this Agreement, or that
have been establisl�e� by Fort Warth subsequenf to #he executiQn of the Agreemer�t;
C. The indi��civa� does not i�ave sufficient identification to establis� thaf helshe is in fac# a
resident of Participating City;
D. Participating Ciiy has implemented a voucher system for its residertts tc� disposs of
waste, and the individual does not have a valid vouc�er; or
E. The waste or the indiv�dual presents a hazard to the ECG or to persons or property at
the ECC.
9. �
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OP�RATiON
A. Hours of Operatian
Duri�g the term a# the agreement, the ECC's hours of operatia� are as follows:
Thursday and Friday 11 :00 a.m. -7:0� p.m.
Saturday �:00 a.m. -3:00 p.m.
B. Days fhe Environm�ntal Collection Center will be closed
During the term of the agreementP the ECC wiil be closed an the foliowing days:
Thanfcsgiving Hoiiday, November 28 -29, 2002
Christmas Holiday, Decemb�r 25, 2002
January �, 2003 through January a8, 2003, for cEeanup and repairs
M.R�K. �ay January 2D, 20Q3
Memoria[ Day, May 26, 2003
Independence Day, July 4, 2003
Labor Day, September �, 20�3
C. Notifying Residents
Participating City agrees to notify its residents af the ECC's hours of operation and dates it will
be closed. Participating City may advertise the 24-hour Environmental Collection Center
1 � ��; ii ���..:II� •'sf� �t����,�.�l�
� ���� �C��� ��
;��: ��r.�,�,�. ��:�, �
,��.
telephane number to gi�e its residents ihe Environmental Col�ectian Center's haurs. The
n�mber is: ($1'�} 871-�257.
� a.
COMPENSATION
As fair Gompensation far the services provided by F'or� Warth pursuant to this agreemenf:
A. Participating City agrees to pay Fort Worth the sum of $ SU.00 per hausehald p�r visit to
the ECC or per household for par�icipatian in a Mobile Coileciian E�ent to dispose of
F�ousehold hazardous waste.
B. If Fort Worth d�termir�es that Pariicipating City's MCU aperators improper�y packaged
any of the HHW delivered to the ECC, For� Wor�h s�all repackage such waste, and
F'articipating City shall reimb�rse Fort WortF� for it s#afF time ai $20.C10 an haur and tF��
cost of sUpplies.
C. Ef a spifl occurs at the ECC wE�ile the Non- �ort Worth MCU is stil! in Participating City's
possession, Fort Worth shafl take control of the spill response ar�d Participating City wiil
reimburse Fort Worth for its respanse casts of $BO.QO p�r hour sfaff time and the cost of
supplies. ,
D, The amount due to Fort Worth for services provided under this 5ection, Paragrapns A,
B, and C, shall be billed to Participating Cify quarterly. Participating City shalf pay Fort
Worth within 3a days of recei�ing a bilf from Fort Worth. If Fart Wnrth does not recei�e
payment within 30 days, Fort War�F� shall inform Participating City in wri�i�g that it will not
accept any household hazardous waste from Participating City's residenfs and that Fort
Worth will not participate in a mobile collectian e�ent or provide a mobile ca[lection unit
untii paid.
E. At the end af the term af this Agreement, Fort Wortf� sha11 provide a final accounting to
Participating City, which will include the total number of Participating City's ho�seholds
which participated in the program, repackagir�g fees, if any, an� the total cast of spilf
response charged to Participating City, if any.
�. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to
Fort Worth under Subparagraph D, above shafl be paid from re�enUes currently
available to Partic9pating Ciiy in th� present fiscal year.
12
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIE�,"' AND PROMOTEONAl. MATERIALS
LICENSE AGREEMENT
F�ri Wor�h is the owner of "Cap#ain Crud" and the Cruddies ('"�loamer," "Offio," "Pes�ie,
"Scrub," and "Van Coo") "�onqu�r Your Crud," ar�d "Grud Cruiser", and fherefore all
ownership rights belong to Fart War�h. Fort Warth i�as registered these marks as service marks
with the Seeretary of State.
A. Fort Warth hereby grants to Participating C�ty a r�an-transferable, non-exclusive license
to use all the artworfc and pramational mafierials that may be pravided �y Fort Wo�th to
be used solely in the conduct of the business of Participating City's disposal and
recyciing of hausehold hazardous waste pragrams. If Participating City wishes to use to
Licensed Art andlor Promotional M�teriafs in other limited situations, Participating City
must first obtain express written cansent from Fort Warth.
B. Fort Worth may provid� licensed Artwork a�d Promotional Materials to Participatirtg Ciiy
purs�ant to the terms of this Agreement. Par�icipating City acknowledges that by virtue
of this License, Participating City acquires only the righf to �se the original and permitted
duplicate copies of the License� Artwork and Promotional Mat�erials and does not
acquire any rights of ownership in the l.icens�d Artwark and Promotional Materials,
whic� rights shaU remain exclusively with Fort Worth. If Participating City wants to modify
ar change ihe artwork andlor promotional materiafs in any mar�ner, I'articipating City
hereby agrees to contact Fort Worth in writing to abtain w�itten consent before modifying
or changing any artworic andlor promotional materials.
C. If Participating City desires an actor to porkray "Captain Crud" for an event, Participafing
City sha�l use actors appraved by Fort Worth to portray "Captain Crud" since "Ca�tain
Crud" is owned by Fort Worth. F'ar�icipating Gity shall be soleEy respor�sible far
campensating actor for fhe serviees provided to Par�icipating City. Participating City will
contact �ort Wo�h as saon as passible with the date and time o� the event agreeable to
faoth parties t� abtain appro�al for the chosen actor and to req�test and pickup the
"Captain Crud" costume for its e�ents. Fort Worth will provide the "Captain Cru�"
costume. Hower�er, Participa#ing City agrees io be liable to Fort Worth for any damage ta
the costume or if Participating City fails to return the entire costume to Fort Worth or ifi
the costume is not returned in the same condition as recei�ed.
i2.
IMMUNITY
It is expressly understoad and agreed that, in the execution �f this Agreement, none of the
participaiing cities v+raives, nar shall be hereby deemed to waive, any immunity ar defense tF�at
would atherwise be available to it against claims arising in the exercise af gov�rnmsntal powers
a�d functions, and that fhe serv9ces described in this Agresment are a governmental function.
� 3 ' � ', rt���l� �°��'���}
� � �i��� S�l���,,,,r� ���
�.�.-
13.
FORCE MAJEURE
A deiay or fai�ure af Fort Worth to parf'orm services pursuant to this Agreement sha[i be excused
to the extent that the delay or failure to pertarm resulfied from a force majeure event, and the
delay or failure was beyond the controi of F'ort Wor�h and nat due to its fault ar negligence.
Participating City shal� not ha�e, and hereby wai�es, any cfaim whatever for any damages
resulting from delays or failure to perfarm caused by a force majeure �v�nt.
14.
TERM�NATlON
The parties shalf each have the right ta terminate the Agre�m�nt �or any reason, with ar withou#
cause, upon fhirty (30} days written notice ta the ather party. Upon termination, th� par#ies shall
be released from alI confractual obligations ta the ofher party excfuding "USE OF WASTE
DISP05Al.IRECYCLING �1RMS �OR HOUS�HOLD HAZARDOUS WASTE" (Paragraph fi}
"REUSE OF COLLEGTED MATERIALS" (Paragraph 7) and "ARTINORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENS� AGREEMENT'
(Paragrap� 11).
�5.
NOTICE
Any no�ices required to be gi�en under this Agreement shall be delir�ered as foilows:
If ta Fort Worth:
Brian Boerner, CHMM, Director
D�partment of Environmental Management
City of For� Worth
10a0 Throcicmorton
Far� Worth, Texas 76'f02
lf to Partic�pat9nq Citv:
�
' � 1i �
� � ,` �,.►
. �,
►• rr , �
16.
ENTIRETY
This Agr�ement contains all commifiner�ts and Agreements ofi the parties hereto, and na other
oral or writfen cammitments shall have any force or ef�ect if not confained herein, except that
this Agreement can be amended or modified by the parties if such amendment or modification is
in writing and signed by Participating City and Fvr� Wartn.
14
17.
SEVERABILITY
In th� event anyone ar more of the provisions cor�tained in this Agreement shall for any reasan
be held to be in�alid, illega�, or unenforceable in any respect, such in�alidity, illegality, ar
un�Rforceab�lity shall nat affeci any other provision tF�ereof and ihis Agreement shalE be
construed as if such invalid, iflegal, or unenfiorceable pro�isions had never beer� contained
herein.
18.
VENUE
Shoufd any action, r�al ar asseried, at law or in equity, arise out of the terms and conditions of
fhis Agreem�nt, �enue f�r said action shall be in Tarrant County, Texas.
19.
A�THORITY
This Agreemen� is made for Fort Worth and Participating City as an [nterlocal Agreement,
pursuant ta Texas Government Code, CF�apt�r 791.
2D.
AUTHORIZAT[ON
The undersigned officers andlor agants of the parties hereto are properly authorized officiafs
and ha�e the necessary au#�arity to execuie this Agreement on behalf of the parties heretn, and
eaeh pariy herehy certifies ta the other .that any necessary resalutions extending such authority
have beert dufy passed and are now in ful! force and effect.
�� ��ar.��+l �`_,It !�1l���� , i'��In���
1� �, . ,; , �,.j
� �� � � ; �r� �' ��
���� j �ii"'-7
�XECUT�D IN TRIPLlCATE
CITY OF FORT WORTH
.
By:
,
�� ;
�,��. -: �
�� .
��b�p-dvatso� '" J
Assistant Cit� M�na�c er
Date: -
APPR�VED AS TO FORM
AND L.EGALITY:
,�i/�/l�l � �
Assistant City Attarney
�-� -� �' N�e.�.����
�
�y:
- ���,�-
Printed nam�: �de ��YLG�I�fe
Title; Mayor
❑ate: 9 �- � C� �
A ST:
���
loria Pears
City Secretary
�_l �����
Cantract autharization
� �� , �-
���
Date
�� �'��G u ���Q� ��f.�.�
n���� �
�� 11�� ��sC�+y��l�''1HI�,�
R._ `
� _ 4`I � '" ��-. . ��.:1W4�..., ,.
APPROVED AS TO �ORM
AND LEGAL.ITY:
,,
, _. � �� ��-�` _
As�i�� �it City Attorney
ATTEST:
� .���i�1
i#y Secreta
1fi
Exhibit "A"
f��SiOCF�I�t� �I�i ��� �H� M��IL� COLL�CTIO[� UNIi
Ma�:�r'ral
55 gallon open top
drums (open top for
loase packs)
55 gallan drums
(closed top) (oil,
antifre�ze, bulk
flammabfe materials
and one extra)
Fiber drums (55 ar �0
gallan) Aerosols,
acids, bases and
oxidizers)
Gaylord bax liners
(plastic)
55 gallon drum liners
Amount taken off the
traifer
5 gallon buckeis
(filterslhaz chemicals) Amount faken off the
trailer
5urvey Forms
�.abelsldrum placard
Gaylord boxes
Absorbent pads
VermicuEite
4�f dry
Amoun# Restocl�ed
Amount ta�Cen off the
trailer
Amount taken off the
trailer
Amouni ta�C�n off the
trailer
Amount taken off the
trailer
Amount taken off tne
trailar
Amount taken off the
trail�r
Amount taken off the
trailer
Amaunt taken off the
trailer
Amount taken off the
traifer
Amount taken off fhe
trailer
Promationaf Materials
& Broch�res AmoUnt needed
Spec�al Pleeds Remar�s
,� � !�I��p'�� a �:�� �r�������
w � ti:''�.
,
�, , ; �`�f�`��''`,k�'�'�
��'ll�� .�,� ��5� �
Exhibit "B"
WAIVER AND RELEASE OF LIABILITY �OR COE.LECTION OF HOUS�HOLD
HAZARD�US WASTE
f being ihe owner of �rop�rty lacated at
have been asked by the City of to allaw a mobile co[le�tion
event on my property to collect household hazardc�us waste on the , 2001.
In consideraiion of , I hereby give my permission ta the Ciiy of
fa hold a househafd hazardous waste collection �vent an my
proper�y in which the Cify of _ has asked fhe City of �'art Worth
to send its mobile collectian unit to collect t�e household hazardous waste that is brought to the
event.
Therefore, in considera#ion of , I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, WD�MNIFY the City of �art Worth or its officers, agen�s,
and employees and the City of and its afficers, agenfs,
andlor employees for any and all claims, demanc�s, liability, causes of action, actions or suits of
any character that I may have against the Ci#y of Fort Worth or its officers, agertts, and/or
empiayees a�d the City of or its officers, agents, andlor
emp[oyees for any property loss or damage, for any and a�l personaE injury including death or
any other damage of any kind or character wi�ich may arises or that arises firam allowing the
City of to hald a househafd i�azardous waste ca�lection event, in
which the City of Fort Worth sends its mabile collection unit on my property,
1 have read this Waiver and Release and fully �nderstand its terms and conditions. I hav� not
been influenced in any extent wF�atsoever by any representation or statements not contained in
this Agreement. I hereby acEcnowledge thaf this Waiver and Re[eas� is given in consideratian of
Signature ❑ate
Wi�ness
18
C'ity of �ort �orth, T'e,�as
�lc���r a�d ��e��ci� ����r�����ti��.
�ATE REFER�NCE NUMBER L4G NAME PAGE
9/24/02 **ce� g2�$ I 52COLLEGT 1 of 2
SUBJECT 1NTERLQCAL AGREEMENTS - WITH VAR40US MUN1ClPAL1TIES FOR
PARTICIPATION AT THE ENVIRONMENTAL COLLECT�ON CENTER
RECOMMENDATION:
It is recamm�nded that ihe City CounciE authorize the City Manager to execuie inieriaca! agreements
with various municipalities/entities for participation at tf�a Environmental Collectio� Center.
DISCUSSION:
The City's Er�vironmental Collection Center is now in its sixth year of operation collecting household
hazardous wasie from the citizens of Fort�Wort1� and surrounding communities on a year round basis.
in order for non-Fort Warth citizens to participate at the Environmer�tal Co�lection Ce�ter, each
municipality is required ta enter-into an interlocal agreement with the City of Fort Worth. �
The rate per household for the period cavered by #hese agreements (Octaber 1, 2002 through
September 30, 2p03) is $50.00. TF�e decrease in the rate is due #o receipt of a grant from the North
Central Texas Council of Gavernments that will provide $150�000 for dispasal costs duri�g FY2002-
2003. �t is anticipated that approximately $420;(}00 w'tll be co�lect�d under these agreements. During
FY2a�1-2002 twenty-six ar�a communities signed participation agreeme�ts with the City of Fort Vllorth.
For the �pcoming year we expect all of those communities ta participate and have had interest
expressed by six others. �
TF�is agreement outlines the responsibilities of each party, establishes the rat� for Participafion, and
delineates tne usage of service marked, public education material. The City of Fort Worth is
responsible for overalf operation af the Environm�ntal Cal�ection Center inc�ucfing contracting with a
hazardous waste disposal company for trar�sportation and disposal of materials co�lec��d. TF�e
foilowing entities have expressed an interest ('") or are �xpected ta commit ta participation for ihe period
October 1, 20a2 through September 30, 2003:
Ar[ingtnn
Benbrook
Cleburne
Euless
Haltom C�ty
Ketineda�e*
Nortl� Ricl�land Hills
Raanoke*
Stephenville
Up��r Trinity Regional Water District
White Settlement*
Azle
Burleson
ColleyvilEe
Grand Prairie
Hurst
Mansfield
Richland Hills
Saginaw
Trophy Club*
Venus
Willow Park''
Beaford
Cedar Hill �
Ev�rman*
Grapevir�e
Keller
Newark
Riv�r Qaks
Southlake
Un�incorporated Tarrant County
Wata�ga
�ity �of �or� �oYth, T'exas
�y�� �t�d ��r�t�ci� ����r��i���i��
DAT� REFERENCE� NUMB�R f_OG NAME PAGE
s�24la2 �**�-19�5� I 52COLLECT I 2 of 2
sue�ECT INTERLOCAL AGREEMENTS WiTH VARIOUS MUNICIPALfTEES FQR
PARTiCiPATION AT THE ENVIRONMENTAL COLl.ECTI�N CENTER .
FISCAL INFORMATION/CERTIFICATION: -
The Finance Director c�rtifies ihat the En�ironmental Management D�part.men# will be responsible for
-� the collection af �unds due uncfer thes� agr�ements.
IA►���i
Suh�auitteri %r City Manager's
Office by:
Libby Watson
Origin�ting Department Head:
—� - FUND
� (to)
� R103
6183 I
0
ACCOUNT I CEN7'Eli I AMOUNT
488220 062i100
CITY SECRETARY
Brian Bnerner
Additional Informa#ion Contact�
Brian Boerner
�
8079 � {from)
�
8Q79 I
�
�
�.
1 APPROVED 9124/02
�
i