HomeMy WebLinkAboutContract 27185�
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CIT'Y �LC�i�iA�Y ,
�ONT�fA Ci NC) .�'--�' �,, f I. i
INTERLOCAL AGR�EMENT FOR PARTICIPATIQN If� FORT WORTH'S
ENVIRONMENTAL C4LLEGTfON CENTER
HOUSEHO�D HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and beiween the City of Fort Worth, T�xas, � home-rule
municipaf corpor�tion situat�d 9n Tarrant and Denton C4unties, Texas, hereinafter ca�led "Fort
Wor�h," ac#ing h�rein by and through Libby Watsor i'; its duly �uthar�z.ed Assistant Ci#y
Manager, and ►� G i� D i�kS a municipality situated in j!�-f�2��+ ibur�t�, ,
Texas, hereinafter called "P�r�icipating City," acting herein by and through �uc.�c C.�dK r s���
its duly authorized CV1c�br .
WITNESSETH
WHEREAS, Texas Gavernment Code, Chapter 791, authorizes the formulation of interlocai
cooperation agreements betw�en ar�d among local governments; and
WHEREAS, Texas Gavernment Code, §79�.011 provides t�at a laeal government may cantract
with another to perform governmental functions and ssrvices, and �791.Oa3�3}(H) defines waste
disposal as a governmental functian and service; ar►d
WHEREAS, Texas Gavernment Code, §791.025 �rovides that a local gavernment may agree
wEth anofher local ga�emment to purchase services; and
WHEREAS, Fort Worth and Participatir�g City des9re to er�ter inta an interloca� agreement
wher�by I�art Worth will purchase the services of a waste disposallrecycling firm or firms and
will administer a household hazardous waste colfectian program; and
WHEREAS, Fort Worth and Partic9pa#ing City mutualfy desire to be subjec# tfl the provisions of
Texas Gv�ernment Code, Chapter 791, also knnwn as the Interlocsl Cooperation Act.
NOW THEREF4RE, it is agreed as foflows:
9.
DEFINITIONS
A. Unless a provisian in ihis Agre�ment explicitly states otherw�se, the follawing terms and
phrases, as used in this Agre�meni, shafl have the meanings hereinaft�r designated.
Act of God rr�eans an act occasianed by the direct, immediate, and exclusive operation
of tf�e forces of nature, uncantroEled or uninfluenced by the power of humans and without
human intervention.
• BiN of Ladinc� iists the contents of the mobile cofEection ur�it.
Enviranmen�al Collection Center {ECCI means the City ofi Fort Worth Department of
Environr�enta! Management facifity lflcated at 6400 �ridge Str�et, Fort Worth, Texas,
which is #o be used by Fort Worth far the aggregatian of housenald hazardous wastes
1 �J����UW� N����
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that have be�n brou�ht to the facility by participating cE#ies' households for sulasequent
recycling, dispasaf, andlor reuse.
Environmental dama�es means a11 elaims, judgments, damag�s, lasses, per�alties, fines,
I�a�il�ties {i�cluding stric# liariility), encumbrances, Eiens, costs, and expenses of
investigation and defense of any c�aim, whether ar not such elaim is ultimately def�ated,
and of any good �aith settlement or judgment, of whatever kind ar nature, continge�t or
atherwise, mat�r�d or unmatured, foreseeable or unforeseeabfe, inc�uding without
limitation reasonabfe atforney's fe�s and disbursements and ca�suatant's fees, any af
which are incurred subsequent ta the executian af this Agreement as a resul# of the
handling, callecfion, transportation, stara�e, disposal, treatment, recovery, andlor reuse
of waste pursuant to this Agreement, ar the existence afi a vialation af environmental
requirernents pertaining ta same, a�d including without limitation:
(a} Damages for personal injury and death, or inju►y to property or natural resources;
{b) Fees incurred for the services af attorneys, consuliants, cor�tractars, ex�erts,
laboratories and afl other casts incurred in connec#ion with the in�estigatian or
remediation of such wasies or violation of environmental requirements including,
but not iimited to, the preparatian af any feasibiiity stu�ies or reports or the
performance of any cleanup, rernediation, removal, respanse, abatement,
containment, closure, restoration or monitarin� work required by any federal,
sfate ar local gavernmental agency ar po[iticai subdivision, or otherwise
exper�d�d in cannection with the existence af sucf� was#es or vialations of
environmental reyuirements, and including withaut limitation any attarney's fees,
c�sts and expenses ir�curred in enforcing this Agreement ar caflecting any surris
due hereunder; and
(�) Liability t� any third person or governmental agency ta indemnify such person or
agency for costs ex�ended in cannectian wifh the items referenced in
subparagrapF� (b} herein.
�nviranmentaE reQuirements means all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, �ermits, orders, approvais, plans,
au#hariza�ions, concessions, franchises, and similar items, of ai! go�ernmentaf agencies,
departments, commissions, bQards, bureaus, or instrumentaGties of the United States,
states, and political subdivisians thereof and al! applicabf� judicial, administrative, and
regulatory decrees, judgments, and orders re[ati�g to the pratection of human health �r
the enviranment, including wifhout limitation:
(a) All requ�rements, includin� but not limited ta those pertaining to reporking,
licensing, permitting, investigatian, and remediation af emissions, discharges,
raleases, or threatened releases ofi hazardous materials, pollutants,
cantaminants, or hazardous or toxic subs�ances, materials, or wastes whether
safid, liquid, ar gaseQus in nature, Ento the air, surtace water, groundwater, storm
water, or land, or relating to the manufacture, processing, distribu#ion, use,
treatm�nt, starage, dispflsal, trans�or�, or handling of poliutants, contaminants, or
hazard4us or toxic substances, materials, or wastes, whether solid, liquid, or
gaseous in nature; and
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(b) AI{ requirements pertair�ing to the protection of the health and safety of
emplayees ar the public.
Force maieure means decrees af or restraints �y a governmental instrumentality, acts af
God, work stoppages due ta labor disputes or strikes, #ailure of Fort Warth's ��
contrac�ar(s) to pertorm purs�ant to their agreements with For� Wnrth for the conduct of
the collectian of hous�hald hazar�o�s waste, fires, expfosians, epi�emics, riots, war,
rebellion, and sabotage.
Household hazardaus waste (HHW} means any solid was#e g�nerated in a hauseE�old by
a consumer which, except for the exclusian provided for in 40 CFR § 261.�{b}(9 }, woufd
be classified as a hazardous waste under �4 CFR Part 261.
Mar�ifest means the uniform hazardous waste mar�ifest farm{s) furnished by the TNRCC
to accompany shipm�nts of munic9�a1 F�azardaus waste or Class 1 industrial solid waste
fvr waste transported to a site in Texas, or th� cam�arable manifest of the receiving
sta#e if the waste is transported out of Texas.
MoSile collection event means a household hazardous waste collecfi�n event by
Participating City utilizing a mobile collection unit.
F�rt Worth Mobile collectior� unit (MCU) means a non-seff-propelled vehicle used fior th�
periodic col�ect�an af household f�azar�ous was#e by F'articEpating City, off-site of the
ECC, which is transpor�ed to the ECC ta dispose of the �ousehold hazardous waste
colt�cted at the mobile collection event. The Fork Worth Mo�i�e Collec�ian Unit is
designed fo hold ihe hazardous wast� of approximately 50 ta 75 households.
Participatina Cities, ru�en used in the pl�ral, means Fort Worth, Participating City, and all
other en#ities which have entered into interlocaE agreem�nts with Fort Worth far the ECC
household hazardous waste collection program.
Person means an individual, corporation, organizat�on, government, or ga�ernmental
subdivision or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste"' as .that term is �efined in Texas Health
ar�d Safety Code §361.003, and including hazardous substances.
B. Unless a pravision in this Agreement explicit{y states otherwise, the foilawing
a��reviations, as used in th'is Agreement, shall ha�e #he meanings hereinafter
designateci.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - eardiopulm4nary resuscitati�n.
D�T - United States �epariment of Transpo�ation.
ECC - Enviranmental Collection Center.
EPA - llni#�d 5ta#es Environmental Protection Agency.
HAZCAT - hazardous categorization.
HAZW�PER - hazardous waste opera#ions and emergency response.
HM - hazardous materials.
HHW - househald hazardous waste.
MCU - Mobile Colfection Unit.
2.
F'URPOSE
The purpose of ihis in#erlaca! ag�eement (hereafter "Agreement") is the provisia� af services �y
Fort Wor�h to Participating City whereby, su6ject to the terms and cflnditions specified befow,
�ort War#h wiN administer. and supervise a regianal hausehald hazardous waste collection
program, which will be available to households withir� Participating City.
3.
TERM
7his Agreemenf shali ba effecti�e #rom the daie the last �ar�y has signed fhis agreement
fhro�gh September 30, 2002, .
4,
SERVICES aF �ORT WORTH
Fort Worth agrees to perform the fallowing services far Participating City in connection with #he
ECC nausehold hazardous waste collaction program:
A. F4rt Warth will administer a�egional househo�d hazardous waste callectjvn program.
This program wifl include the operatian of the Environmental Collection Center, uwh�ch
wiil accept fa� disposal andlor recycling household hazardous wasie from households
lacated witF��n Participating City. Fort Worth shall not accept compressed flammable gas
containers; radioactive materia{s, explosives or patentialiy shock sensitive materials;
bialogical, etiologic, and infectious materials; wastes from businesses; and any other
wastes that Fort Vi/artM has determined are unacceptable.
B. For� Worth will employ or retain persvnnel to provide the services necessary to perform
I�ort Worth's obfigatians in this Agreement.
C. �'ar� Warth will enter into a contract(s) with waste disposallrecycling firm(s) fior the
handling, callectian, transp�rtatian, storage, disposal, treatment, recovery, andlor reuse
of household hazardous waste, which is collected at the ECC. �
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D. �ort Worth w�ll, if requ�sted in writing by Participating City, provide Participating Ciiy with
copies af waste manifests for shipments of waste from the ECC.
E. Fort Warth wi1f, if request�d in writing by Participating Gity, provide Partic�pating Gity a
monthly report of the Participating City's househalds who disposed of household
hazardous waste at the Environmental Collection Cer�ter ar a Mobile Col�ection E�ent. -•
F. Fort Workl� wlll iss�e a report and a bill at #he end af each quarter detailing the number af
Partic9pating City's h�usehalds that disposed of household hazardous waste at the
Environmental Callection Center or at a mabile collac#ian event.
G. Fort Worth will act under this Agreement in accardance with all applicable stafe and
federal laws.
H. Non-Fort Wa�th Mobile Callection llnit
1, Fort Worth agrees to acc�pt househol� hazardaus waste from Particfpating City's
MCU in acc�rdance wi#h Sectian 5, a� this agreement.
2. Fart Worth agrees to restock the items it removes fram Participating City`sMCU,
hawever, Fort Worth s�all only restock items listed in �xhibit "A", attached and
incorpflrated herein as if set forth.
� Mohile Collection Events —Usina Fort Wo�th's Unit
If Participating City woul� like to schedu�e a mobile c�llection event with
the Fori Worth Mabile Collection Unit, Fatt Worth will send Participating
Cify a fist of available dat�s. Parficipating Gity will contaet �art Warth as
saon as passible ta schedule the date, time and focation agreeable #o
bath parties.
(a) Location
If Participating City cf�ooses to hold fhe Mobile Cailection Event on
private properiy, Par�icipating City shall obtain a signed waiver
from the ow�er of the property 1 week prior to the event. The
waiver shall be in the form of Exhibit B or similar form approved by
�ort Worth. The signed wai�er must be sent ta For� Wor�h 1 week
befare the Mo�ile Collection Event. !f the signed waiver is not sent
ta Fort Worth 1 week before tF�e Mobile Collection Event, �ort
Warth will not send the Fort Worth �Vi�bile ColEection Unit to the
e�ent and Partici�ating Ci#y will, in no event, be entitled to any
damages of recovery of any casts, exc�pf as provided herein.
(b} Available Dates
Participating City acknowledges that Fort Worth �o�iracts with
other municipaliti�s and that Fo�t Ullorth wi1E be accommo�ating
each Participating City's request an a first. come first served basis.
Therefor�, Participating City ac�Cnowledges that its chosen date to
schedule a mobile coliection event may be ressrved 6y anather
City and Participating City wifl have to choose another date.
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Participatir�g Ciiy will, in no event, be e�titled to any damages or
recovery of any casts, except as provided herein.
2. At the Mobile Coliection Event, Participat�ng City acknowledges and agrees that
Fart Worth shafl accept h��sehold hazardous waste from the first 50 househoids
that show praof of residency at the Mob�le Collection Event. After the first 50 -�
households, �ort Worih will determine in its sa�e discretian how much more
waste it can accept and store proper�y. If more househofds arrive at the event
than Fort Worth can acc�pt, Participat9ng City will in no event be entitled to any
damage of recavery of any costs, except as pravided herein, .
3. Due ta the lack of storage spaca at the ECC, pa�ficipating City acknowledges
and agrees that if it requests the Fort Warkh Mnbile CoUection Unit at a mobiie
collection event, a Participating City's Non-Fort Worth Mobiie Collection Uni� shafl
not also be at fhe event.
4. C�ty, in its sofe discretion, will determine avhether to send tF�e Fort Worth Mobile
Collection �nit to Participating City's Callection Evsnt during adverse weather or
the threat af adverse weafher including but not iimi#ed to sleet, snow, rain, mist or
fi�ail. In tne event fort Wor#h determir�es not ta send the Fort Worth Mo�ile
CollectiQn Unit, Fort Workh shall notify persons listed in Section 5, Paragrap� A
and shall send a Fort Worth empl�yee to the Participating City's event ta tell any
resider�ts that came to dispose of household hazardaus waste; 1) that the Fort
� Worth Mobile Collection Unit will noi be caming �to the event, and, 2} tha# the
res9dent can ga ta th� ECC ta dispose of the waste and provide a map to the
ECC.
5.
❑UTIES O� PARTICIPATiNG CITY
Participating City agrees #o perform the fallowi�g d�aties in connection with the househald
hazardous waste collectian program: .
A. Participating City will d�signate one of its employe�s, and another as an alternate, to act
as its househ�old hazardous waste collection coordina�or ta interact with �ort Worth.
Designated person is: (�Jd� h► e� �r �jhS telephone number: R 1� ��� ��-�--�.
Pager number or 2�-hour number where he or she can be reached: '
Alternate persan is � ' telephon� number: y ' -' +
Pager number or 24-hour num6er wh�re he ar she can be reached: � -
B. Participating' City wifl caardinate an� fund a1{ program advertising targeted to its own
citizens, as it deems �ecessary. Such advertising �hall include the type of wastes that
wiA be accepted at the ECC, the requiremenf of proof of residency an� weather
cancellatian information.
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C. Participa�ing C9ty shall notify its residents of the ECC hours of ap�rafion and dates it is
. c�as�d as provided in Section 9"The Environmental Callectian Center Haurs o�
Operativn."
D. Participating Ci#y may choose to utilize a vaucher system far its residents in order for
them to bring HHW to th� ECC. If Participating City chooses to use such a system, it -�
shafl nc�tify Fort Worth of the d�cisian, and shall provide Fort Warth with a copy of the
official voucher. In addition, if a citizen fram a Participating City that utilizes a voucher
system cames to the ECC or a mobile collectian event without a �oucher, Participating
City acknowledges ar�d agrees that For� Worth will nai acc��t the household hazardous
was#e until Participating City authorizes the acceptance in writing.
E. Participating City may submit a written requesfi for a manthly report listing �he number of
its cify's househalds fhat have dEsposeci of household hazardous waste at the ECC or a
mobile collectiar� e�ent.
F. Partici�ating City shall provide tra�c con#ro� and signage for the mobife collectiar�
e�ents, and shall provide persor�nel to assist Fort Worth with the survey and screening
of persons dropping off household hazardous waste. The parties prior io the event shall
a�ree upan the details of the traffic cantral, signage, and person�el assisiance.
G. Participat�n� City"s Mobile Coflection l.lnits Collectinq Household Haz�rdous Waste
Participating City shaVl advise the ECC pragram manager at least 72 hours in
advance of its mobile collection events. Participating City shall cnllect only HHW
during a mobile caClection event. Wast�s from commerciaf, agriculturaf, and
industrial sources shall naf be accepted. Participating City shall nat aceept
compressed flammable gas confainers; radioactive materials; explosives or
potentially shocfc sensitive materials; biological, etiologic, and infecfiious
materiais; and any other wastes ihat Fort 11Vorth nas determined are
unacceptable.
2. fn accordance with #he la#est DOT requirements, Partici�ating City's MCU
opera#ors will properly categorize, package, mark, label, and load i�tio the MCU,
all wastes received at the mobile coflection event. Recyclabfe praducts (used oil,
used oil fi{ters, latex paint, recyclable anti-freeze, lead-acid batteries, and
fluarescent lights) wili be segregated ir�ta car�tainers for recyclables.
3, After accept�ng wasies, Participating City's MCU operators sF�ali thoraugF�ly
check each container for praper 1ab�ling and identificatian. If a container is
properly identifiied, the material will be segregated according to hazard cCass and
prepared far packaging. If a container does not have adequate labeling to permit
identificafian, the MCU ope�ators shall then attempt ta idenfiify the material fram
its physical characteristics using HAZCAT analysis and from information pravided
by the hous�hold presentirtg th� waste.
4. The Participating City's MCIJ op�rators sF�all package all hazardous materials in
accordance with United States Department of Transportation (D4T}
requirements, United States Environmental Protection Agency (�PA)
r�
requirements, and a!I ather applicable federaf and state requirements. After all
#he wastes have b�e� properly ide�tified and segregated, the MCU operators wip
reexamine the wastes for compatibility, fist them on the container content sheets,
and pack them into drums. Oil-based paints and lat�x painis shall be bulked
separately in 55-gallon drums, or if ihe pair�t is left in its contair�er, the paint can
be pac[ced in a lined cub9c yard �ox, and packed and labele� accnrding ta federal -�
and state regulations. Participating City shall not transport waste that is nnf HHW
ta the ECC. Participating City agrees to make its own arrangements to dispose of
any non-HHW wasie eollected at #he ever�t.
5. F'rior to transporting the HHW from the callection event site(s), Participating City's
MCIJ ope�atars shall complete a Bill of Lading, and shall keep the Bil1 of Lading
i� the cab o# the truck ha�ling the MCU during transportation of the HHW to the
ECC. Participating City shall require that a minimum of one capy of the latest
North American Emergency Response Guidebook be kepfi within the cab of tne
truck.
6. During transportation, Park9cjpafing City's MCl! operators shall placard the MCU
�or transportation of hazardous waste in accordance with �ederal and state law.
7. Upon tf�e reiurn of the MCU to the ECC, Pa�ticipating Ci#y's MC� opera#ars sY�all
#oNow tf�e instructions ofi Fart Worth regarding the p[acement of the MCIJ iar
unloading. Fort Warkh shall take possession of ihe MCU fram Participating City
aft�r ihe MCU has been properiy parked for unloading in aecardance wit� Fort
Worth's ir�structians and all require� documents have b�er� delivered to the ECC
program manager or his designee at the ECG, Fort Worth shall, wit�in a
reasonable amaunt of time, unlaa� the HHW from the nan-Fort Worth MCU and
store the HHW at the ECC.
8. if Fort Worth, in its sole discreiion, determines that Partici�ating City's MCU
operators impraperly packa�ed any of the HHW delivered to the ECC, �ort wort�
shalf repackage such waste, and Participating City sha11 reimburse Fort Worth as
se# forkh in Section 'f 0., Paragraph B.
9. If a spil{ occurs at the ECC while �he MCU is s�ill in Participatir�g City's
possession, Fort Worth shall tak� contral of the spill response and Participating
City will reimburse Fort Worth for its response casts- as set forth in Section 'f 0.,
Paragraph C.
_ 6.
USE 4F' WASTE DISPOSALIRECYCLING FIRMS FOR HOUSEH�LD HAZARDOUS WASTE
A. Fort Worih wili enter ir�to a contract{s) with wast� disposallrecycling firm(s) for the
handling, callection, trans�ortation, storage, disposal, treatment, recovery, andlor reuse
of household hazardous waste, which is coH�cted at the ECC.
B. Such firm(s} sha�l be required pursuant to the ca'�tract(s) io assume generator status fnr
the waste coilected, {excluding used ail, lead-acid batteries and antifreeze) to chaose a
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disposal site for the wast� subject to Fort Worth's approvai, and ta indemnifiy For# Worth
and participaiing cities against any a�d all envirar�mental dama�es and the vioEatian of
any and a11 environmental re�uirements resulting fram the handling, collection,
transporiation, starage, disposalt treatment, r�covery, andlor recyciing of waste collected
pursuant #o this agre�ment, when said environmental damages or the violation of said
environmental requirements was the result af any act or omission of contractor, its -�
officers, agents, em}�loyees, or subcontractors, or the jaint act or omission of contractor,
its officers, agents, employees, or sUbcontractors and any ather }�ersvn or entity.
C. iH� �p►RTI�S �ECOCNf�� iHAY AL,iHOUGH iH� �iRllfl {S) Vi11LL �� R�C�IJIR��
Y@ ASSUNY� G�N�RAi��t STA�"US, iHIS AS�UMPiION l�iL� iV�T Rl�LI�dE
�p►Ri[CIP�iiNC CfiY O� �IA�I�,ITY F�OR i�f� WAST'E UN��� �'I�D�R.�L L�1fV
AWD ST'A[� �AW. Fort Worth wili arrange for recycling vendors for us�d oil, bat�eries,
antifreeze, and other materials, as it deem� appropriate.
7.
REUSE QF COLLECTED MATERIAI.S
A. From time-to�time �ort Wor�h wi11 mafce available to residents and businesses of Fort
Worth, as well as, Par�icipat9ng City and residents and businesses of Participating City
for their use, callec#ed househald hazardous wast� materials that are suitable for re�se,
such as paint, fer�ilizer, motor oil, and antifreeze. Fort Worth shalf not charge far any
materials that �re picked up for reuse.
B. 5ome materials made available for reuse may ha�e f�een co��olidated and filte�ed by
Fort Worth prior to being made ava9lable. Used antifreeze will ha�e been consnl9dated in
a barrel, filtered, and pH balanced, and �ew antifreeze may have been added to the
barreL
C, In regar�s to materials accepted by Participating City, ��RT WORiF� fViAK�S NO
EtEf�R�S�iVTATI�NS, WARRANYIES OR GUARAfVTIES iH�1�:
1. the container contents ar� what the iabel indicates;
2. th� container confents are those originally placed into the cantainer by the
manufacturer;
3. the �roduct is of the quality intende� for its �se;
4. th� contents af th� container have been stored properly;
5. the instructions an the container label for use, storage, and first aid are curreht or
cnrrect;
6. t�e container is in unimpaired condition;
7. the product is still appra�ed for use (i.e., it has noi bee� banned or recafled); and
8, the product can be used without risk to persons, property or the environment.
�'
FU�`iH�R1V�OFt�, ALL W�►RF�NiI�S, �X�R�SS Af�� IM��I��, �°,R�
SF �CI�IC�►�LY D�NI��.
D. Participating City shall cantact the ECC program manager to arrange a pickup time ta
obfain materials. Participating CEty agrees that it shall not return toFork Worth, directly or -�
indirectly, ar�y materials it obtains from Fort Workh under this paragraph.
E. IN R�G�►��S i0 l�Ai��IRl�S ►4CC�PY�� �#Y �ARiICIP,��'IMG �IiY,
�p►RTICIP��ING CITY D@�S F��R��Y WAIV� �►��, CLAIii�S, IfVC�U�INC
�RODUCiS �IA�ILIT�f GL/�I1V�S, APlD �i�L�AS�S, AfV� HOL�S HpoR11���,SS TI-I�
CI�Y �F �ORi W�RiH, APlD �►LL ��' IiS OFF��CiA�,S, a�F1C�RS, �MP�.OY��S,
AG�NiS, AN� VO�IJNT���S, IiV BOTH �H�IR �U�LIC AN� F'�tIVRT�
CAPACIT«S, FFtOM AP1Y AND ALL LIABILITY, CLAIMS, SUIiS, D�IIA�►N�S,
�X��NSES �F LIYfGAiID�I, OR CAUSES �F ACYIOR� VIlI�ICb N9AY �►�I��. �Y
R�.ASOW O� INJURY YO PERS��'S, LOSS OF �ROP��iY, �AIwACE �O
PRO��RiY, OR LOSS O�' 115� O� ANY PROP�R�II , OGCASION�� �Y iF��
i�AiV5P0��'��ION, SiO�►G�, HAI�DLIMC, US�, A�V� DISPOSA� �Y
PAf��ICI�AiItdG CI�Y OF ARlY iV��1��RCA�,S ACCEPT�D BY �ARiICI��►�ING CIiY
UN9�R iHIS �CR��MI�NT' �ROM FORT II�O��'H.
F. In regards ta materials acce�te� by residents or bus9nesses af Participating Cities,
�ORi 1dV�RTH MAK�S iV0 ���R�S�IViATIONS, WARRA1dYlES O� C9�lARAf�`[[�S
iHAi:
1. the container contents are what the lab�l indicates;
2, the cantainer contents are tfi�ose ariginally placed into the container by the
manufacturer;
3. the product is of ihe quality intended for its use;
4. the contents of the container have been stored properly;
5. the insir�ctions an the container label for use, storage, and first aid are current ar
correct;
6. th� container is in unimpaired condition;
7. the produet is still approved far �se (i.e., it has not been bann�d or recalled); and
8, th� product can be used without risk to persans, property or th� en�iro�ment.
�°URibE�MQR�, AL� WARFt�4�lT1�S, �XP€t�SS �4PlD IlVI��I��, �f��
SC��CI�ICA��Y 8�N1��.
G. Par�icipa�ing City shall attempi to inform its residents and �usinesses that if they go ta
the Environmental Callectian Center ta pick up househald hazardous waste for reuse, a
release of liability mus� be signed to accept the h�usehold hazardous waste for �reuse.
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8.
R1GHT T� REFUSE WASTE
Participating City agrees that Fort VWorkh shall have the right to refuse to accept waste at the
ECC fram Par�icipating City's resid�ni and to ej�ct such indi�idual from the premis�s of the
ECC, if in the reasonable judgment of Fart Warth:
A. The waste is not househofd hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or tha�
have been establis�ed by Fort Worth subsequent ta the execution of the Agreement;
C. The individual does not ha�e sufficient iderttification to establish that helshe is in fact a
resident af Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of
waste, and the individual does not have a valid voucher; or
E. TF�e waste or the ir�di�idual presents a hazard to the ECC or to persons ar proper�y at
fhe ECC.
9.
ENVIRONMENTAL C�LLECTION CENTER H�URS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the agreement, the ECC's hours of operatian are as follows
Thursday and Friday 19 :00 a.m. -7:00 p.m.
Saturday 9:04 a.m. -3:00 p.m.
B. Days fhe Enviranmentaf Collectian Center will be closed
During the term of the agreement, the ECC wiff be closed on the follar�ving days:
Thanksgiving Holiday, November 22 -23, 2Q01
Christmas Holiday, Dec�mber 2�- 25, 2001
December 30, 2001 through January 11, 2002, far cleanup and repairs
M.L.K. Day January 21, 2002
Memorial Day, May 27, 2002
Independence Day, Ju[y 4, 20Q2
Labor Day, Sept�mber 2T 20�2
C. Notifying Residents
Participating City agrees to notify iis residenfs of the ECC's haurs af operatian and dates it will
be closed. Participating City may adver�ise the 24-haur Environm�nta[ Collectian Center
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tel�phane number to give its residents the Environmental Collection Cer�ter's hours. The
number is: {817) 871-5257.
90.
COMPENSATl�N
As fair compensation far the services provided by �ort Worth purs�ant to tFis agreement:
A. Participat9ng City agrees to pay Fark Worth the sum of $6q.OD per househald pe�- visit to
the ECC or per household for pa�ticipation in a Mobile Collec#�on �veni to dispase of
housahald hazardous waste.
B. If F'ort Worth determines that Participating City's MCU operatars impraperly packaged
any of ��e HHW de{ivered ta the ECC, Forfi Worth sF�aH repackage such waste, and
Participa#ing City shall reimburse Fort Worth far it sta�f time at $20.00 an hour and the
cost of suppfies.
C. If a spfll accurs at th� ECC while the Non- Fort Wor�h MCU is still in Pariicipating City's
possession, Fort Worth shall take contr�l of the s�ill response and Participating City will
reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cosf of
supplies.
❑. The amaunt due to Fort Worth for servic�s ��ovided under this Section, Paragraphs A,
B, and C, shall b� billed ta Parkicipating City quar�erly. Participaiing City shall pay �ort
Wo�th within 30 days of recei�ing a bill from Fort Worih. If Fort Worth does not receive
payment within 30 days, Fork Warth shall inform Participatir�g City in writing that it will not
accept any hausehold hazardous waste from Participating City's residents and that Fort
Warth will not partici�ate in a mo�ile coll�ctio� e�ent or provide a mobile collection unit
�niil paid.
E. At the end af the term of th9s Agreement, Fort Worth sha[I provide a final accauntirig to
Participating City, which will include the tatal number of Participating City's hauseholds
which participated in #he program, repackaging fees, if any, and #he total cost af spilf
response charged'ta Participating City, if any.
�. Pursuant to the requirements of Government Code §791.011 (a}(3), the amount due to
Fort Worth under Subparagraph D. abave shall be paid from revenues c�rrently
available ta Participating City in the p�esent fiscal year.
�
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11. �
ARTWORK, "CAPTAIN CRL1D AND THE CRU�DIES," AND PROMOTIONAI. MATER[ALS
�ICENSE AGREEMENT
Fort Worth is the owner of "Capfiain Crud" and the Cruddi�s ("�loamer," "Ofto,"' "��stis,
"Scrub," and "Van Coa") "Conquer Your Crud," and "Crutl Cruiser", and therefiore afl
ownership rights belong to Fori Worth. Fort Worth has registered tnese marks as service marks
with the Secretary of 5tate.
A. Fort Wortn hereby grants to Par�icipating City a nan-transferable, nvn-exclusive licanse
to use all the ar�work and promational materials tE�at may be provided by Fort Wor�h fio
be used solely in the conduct of the business of Participating City's disposal and
recycling of household hazardous waste pragrams. If Participating City wishes to use to
Licensed Art andlor PramotionaE Materials in other iimited situations, Participating City
must first obtain express written consent fram Fort Wortn.
B. Far� Worth may provide licensed Arlwork and Pramotianal Materials to Par�icipat�ng City
p�rsuant to the terms �f this Agreement. Participating City acknowledges that by vir�ue
of t�is License, Participatin� City acquires oniy the right to �se the origina{ and permitted
du�licate capies of the Licensed Artwark and Promotional Materials and daes not
acquire any righis af ownersF�ip in the Licensed Artwork and Pramotional Materia{s,
which rights shall remain exclusively with Fort Worth. If Participating City wants to modify
or chan�e #he artwork andlor promatianai mat�ria[s ir� any manner, Participating City
hereby agr�es to contact Fort Worth in writing fa abtain written consent before modifying
or changing any artwork andlor promotional materials. •
C. l� Part9c�pating Gity desires a� actor to portray "Captain Crud" for an event, Participating
City shall use actars appro�ed by Fart Wor�h to portray "Captain Crud" since "Captain
Crud" is own�d by Fort Worth. Participating City shall be solely responsible for
compensating actor for the ser�9ces provided ta Par�icipating City. Pa�icipating City will
contacf Forf Wor�h as soor� as possible with tf�e date anci time of fhe event agreeable to
both parties to obtain approval far th� chosen actor and to req�est and pickup t�e
"Captain Crud" costume for its events. Fork Wo�fh will pro�ide the "Captain Crud"
costume. However, Participat9ng City agrees to be liable to �ort Worth for any damage ta
the costume or if Participating City fails to return the entire cost�me to Fork Wor�h or if
the costume is not ret�rned in the same condition as received.
92.
IMMUNITY
It �s expressly understood and agreed that, in #he execution of this Agreement, none of the
par�icipating c9ties wai�es, nor shall be hereby deemed to waive, any immunity or defense that
rr+rauld otherwise be available to it against claims arisir�g in the exercise of gavernmental powers
and functions, a�d that the services described in this Agreement are a go�ernmental function.
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13.
FORCE MAJEURE
A d��ay ar fail�re of �'ort Worth #a perform services pursuant to this Agreement shall be excused
to the extent that the delay or failure ta perfo�m resulted from a farce majeure event, and the
defay or failure was beyond the control af Fort Worth and not due ta its fault or negiigence. -�
Par�icipating City shall noi t�ave, and hereby waives, any cfaim whatever for any damages
resulting frorn delays or faifure to perfarm caused by a force majeure event.
14.
TERMINATION
The parties shalf �ach have the right to terminate the Agreement for any reason, with or without
cause, upon thirty {30) days writt�n notice ta the other party. Upon termination, the parties shalf
be rel�ased from all contractual obligations to the other party excluding "USE QF WASTE
DiSPOSALIREGYCLING FIRMS FOR HDUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTE❑ MATERIALS" (Paragraph 7} and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONA�. MATERIALS �10ENSE AGREEMENT'
(Paragraph 11).
'� 5.
NOTICE
Any n�tices required to be gi�en under this Agreement shall be delivered as fallows:
lt to Fort Worth:
Br'tan Baerner, CHMM, Directar
Department of Environmental Mar�agement
City of �ort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to ParticipatinA Citv:
��� u �_ .� � . _ ^ �t--�. , � � •„
��'� UF �;v�� p��.
��cr� ��iv�R C��+�c�z R
16.
ENTIRETY
This Agreement contains all comr.rmitments and Agreerr�ents of the parties h�ret�, and r�o other
orai or written commitments shall have any farce or effec# if not conta9ned nerein, except that
this Agreement can be am�nded or modi�e� by the �ar�ies ifi such amendment or modification is
in writing and signed by Participating City and Fort Worth.
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17.
SEVERABILITY
In the event any�ne or mare of the provisians contained in this Agreement shafl for any reason
be held to be in�alid, illegal, or unenfarceable in any respect, such invalidity, illegaliiy, or -�
unenforceability shall not affeet any ofher provisian thereof and this Agreement shal) � be
canstrued as if such invalid, illegal, or unenforceable prvvisions had never bee� contained
herein.
18.
VENUE
Si�ould any action, real or asserted, at law �r in equity, arise out of the terms and conditions of
this Agreement, venue for said aciion shall be i� Tarrant County, Texas.
19.
AUTHORITY
Th�s Agreement is made for Fort WortF� and Parkicipating City as an lnterlacal Agreement,
pursuant to Texas Government Code, Cha�ter 791.
20.
AUTH�RIZATION
The undersigned officers andlar agents of the parties hereto are properly autharized officEais
and hav� the necessary a�thority io execute this Agre�ment an behalf of the parties hereto, and
each party hereby certi�i�s t� the oiher that any necessary resolutions extending such authority
have been duly passed and are now in full force and effect.
15
EXECUTED IN TRIPLICATE
CITY OF FORT W�RTH
By:
LitS�y Watso
Assistar�t Ci y M� ager
Date: /a / r� 1
/
APPROVED AS TQ �ORM
AND LEGALITY: _
�'` � _ `
'' - +��"- . } �
As s�ta�n Cit�#�fney � : �
. � .
ATTEST:
_4
� •�_. _ ._
G`loria Pearson
City Secretary
ey:
�` ��� - -
Pri ame: � C"� � �Dd;lSan!
le: M or P.�4-, D� �uer Q?e�.Ks
ate: O � -�- ._ � �
APPROVED AS TO FORM
AN�GALaTY:
� ' �
_�� �► � �� � ,
r
sistant Ci ttarney
ATTEST:
. • ,
� ,�� ,
City� 5ecretary
�_` • � i ��� ,
Cantrac# aufh�rization
►
' � r �
f�- �
Date
�
�
� ���BC��ab �����
� 6 � ��� ��������
� .�; �����. ��. -
• 1
Exhibit "A"
R�SiOC1�lf�� �I�� �OR iH� I�i��l�� CO��E�Yl�N �NI�
Material Amount �estocked � Special f�eeds
55 gallon open tap Amount taken off tF�e
drums �opan top for trailer
loose packs}
55 gallon drums Amount taken off the
(clos�d top) (ail, #railer
antifreeze, bulk
flammable maieri�ls
and one extra}
Fiber drums (55 ar 30
gallon) Aerosols, Amoun� #aken ofF the
acids, bases and trail�r
oxidizers)
Gay�ard box finers
(plastic) Amount taken off the
trailer
55 gallar� drum finers
Amaunt iaken aff the
trailer
5 ga1{on buckets
{filterslhaz chemicals} Amount t�ken off the
trailer
Survey Forms
Amount taken off ff�e
traifer
Labelsldrum plac�rd
Amount taken off the
traiEer
Gaylord boxes
Amount taken off the
trailer
Absorbent pads
Amount taken off the
trail�r
Vermiculite
Amount taken off the
trail�r
Oil dry
Amaunt taken off the
ira�ler
Promotional Materials
& Brocl�ures Amount needed
Remar�s � �
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�
Exhibit "B"
WAEVER AND RELEASE OF LIABILlTY �OR COLLECTION OF HOUSEHOI.D
HAZARDOIJS WASTE
I being fihe owner of property located at
have been asked by the City of to a{low a mobile collection
event on my property ta collect hause�oid hazardous waste an the , 2001.
In cflnsideration af , I hereby give my permission to the Gity of
t� hold a household hazardous waste cof[ection event on my
property in whEch the City of has asked the City of Fort W�rth
to send its mobile collectian unit �o collect the household hazardous waste that is brought to the
event,
Therefore, in cansideration of , I hereby RELEASE,
DISCHARGE, H�LD HARMLESS, INDEMNIFY the City of Fart Wa�tF� or its officers, agents,
and employ�es and t�te City af and its ofFicers, agents,
andlor emplayees for any and a!1 cla9ms, demands, liability, causes of action, actions or suits of
any character that I may f�ave against the City of Fort Wor�h or its afficers, agents, andlor
employees and the City of or its officers, agents, andlor
employees for any praperky lass or damage, far any and all personal injury including death or
any other damag� of any kind or character which may arises ar that arises from alEowing th�
City of to hold a householci hazardous wast� co1[ection event, in
which t�e City of Fort Wor�h sends its mobile collection �nit on my pra�erky.
I ha�e read this Wai�ar and Release and fully understand its terms and canditions. I have not
bean influenced in any extent whatsoever by a�y representatian or statem�nts not contained in
this Agreement. I hereby acknowledge that this Waiver ar�� Release is given in consideration of
Signature Date
Witness
a
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