HomeMy WebLinkAboutContract 27131�
CITY ��C�EiPa�V
:���1TRACi i� . � �
INTERLOCAI. AGREEM�NT FOR PARTICIPATION IN FORT WORTH'S
. ENVIRONMENTAL COLLECTI�N CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered inta by and befween the City of For� Warth, �exas, a home-rule
municipal corporatian situated in Tarrant and Denton Counties, Texas, hereinafter call�d "Fort
Worth," acting herein by and through Libby Watson, iis duly authorized Assistant City Mar�ager,
and Upper Trinity Regianal Water District, a conservation and reclamation district created
pursuant #o Article XVI Section 5.9 of the Canstitution of State of Texas s�tua#ed in Dentan
Couniy, Texas, hereinafter cafled "Partici�ating Cify," acting herein by and through
Richard Lubke its duly authorizedpresident •
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, a�tharizes the farmulation of interlocal
caaperation agreemenfs between and among lacal gavernments; and
WHEREAS, Texas Government Cade, §799.011 pra�ides that a local government may co�tract
with another ta perFarm governmental funetians and services, and §791.003(3){H) defines waste
disposal as a goverr�mental function and service; and
WHEREAS, Texas Governrnent Cade, §791.025 provides t�at a lacal government may agree
with another lacal go�ernment to purc�ase services; and
WHEREAS, Fort Warth an� Participating City desire to enter inta an interlacal agreement
whereby Fart Worth will purchase the services of a waste disposallrecycling firm or firms and
will adminis#er a househald hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire tfl be subject #o the provisions af
Texas Governmeni Code, Chapier 791, a[so known a� ihe Interlocal Cooperation Act.
N�W THEREFORE, it is agreed as follows:
1.
DEF[NITIONS
A. Unless a pro�ision in th�s Agreement explicitly states fltherwise, the following terms and
phrases, as used in this Agr�ement, shal[ have the meanings hereina#ter designated.
Act of God means an act oceasioned by the direct, immediate, and exclusive aperation
of the forces of nature, uncantralled or uninfluenced by the power of humans and without
�uman intervention.
Bill of LadEnq lists the contenfs af the mobile collection unit.
Environmentai Collection Center (ECC,I means the City of Fort Warth Department of
Environmental Management facility located at 64Q0 Bridge Street -F� !.�.� � T�e;�s; -
which is to be used by Fart Worth for the aggregation of househo ��u� ���
� :�II u �— -_'�� .s0fe
� �a �r��� ���
that f�a�e been braught to the facility by participating cities' househoids for subsequent
recycling, disposal, andlor reuse.
En�ironmental damaaes means al1 claims, judgments, damages, fosses, penalties, fines,
liabilities (including strict liability}, �ncumbrances, liens, costs, and expenses of
in�estigatian and defense of any claim, whether or not such c[aim is utimately defeated,
and of any gaod faith settlement or judgmen#, of whatever kind or nature, contingent or
atherwise, matured or unmafit�red, for�seeable or unforeseeable, including without
I�mitatian reasonable attorney's fees and disbursements and consultant's fees, any of
which are 9ncurred subsequ�nt to fhe execution of this Agreement as a result of the
handling, collection, transportation9 sforage, disposaf, treafinent, recavery, andlor reuse
of wast� pursuant to this Agreemenk, or the existence of a �iolation of en�ironmental
requirements pertaining �o same, and including withaut limitation:
(a} Damages for personal injury and death, ar injury to property ar natura! resources;
{b) Fees ineurred for the ser�ices of attor�eys, consultants, contractors, ecperts,
labaratories and aIl other costs incurr�d in connectior� w9th the investigation or
remediatiort of such wastes or violation of en�ironmental requireme�ts incfuciing,
but not 19mited to, the preparaiion of any feasibility studies or reports or the
performance of any cleanup, remediation, remaval, response, abatement,
cantainment, closure, restaration ar monitoring work required by any federal,
stat� or local governmental agency or political subdivisian, or oth�rwise
expended in cannection with the existence of such wast�s or violatians of
environmental requirements, and including without Iimitation any attarney's fees,
casts and expenses incurred in enforcing this Agreement nr collecting any sums
due hereunder; and �
(c) Liability to any third person or governmental agency to indernnify such person ar
agency for costs expended in connectian with the items refere�ced in
subparagraph (b) herein.
Environmental requirements means all a�plicable �resent and future statutes,
regulations, rules, ardinances, codes, Iicenses, permits, orders, approvals, plans,
aufhorizations, concessians, franchises, and similar items, of all gavernmental agencies,
departments, commiss9ons, boards, bureaus, ar instrumentalities of the United 5tates,
states, and pfllitical subdi�isions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection af human health or
#he en�ironment, including wifhout limiiatiort:
(a) All requirements, including but not limited to thos� pertaining to reporting,
licensing, permitting, in�estigation, and remediatian of emissions, discharges,
releas�s, or threatened r�l�ases of hazardous materials, pollutan#s,
contaminants, ar hazardous or taxic substances, materials, or wastes whether
solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm
water, or land, or relatir�g to the manufacture, processing, distribu�ivn, use,
treatment, storage, disposaf, transpart, or handling of pollutants, cor�taminat�is, or
hazardous or faxic substances, materials, or wastes, whether solid, liquid, ar
gaseous in nature; and
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(b) All requirements pertaining to th� protection of the health and safety of
employees or the public.
F'arce ma9eure means decrees of ar restraints by a governmental instrumentality, acts of
God, work stoppag�s due to labor disputes or strikes, failure of Fart Worth's
contractor(s} to p�rfarm pursuant to their agreements with Fort Wo�ih fo�- the conduct of
the collectian af F�ousehold hazardous waste, fires, explosiar�s, epi�emics, riots, war,
rebellion, and sabotage.
Household hazarda�s waste (HHWI means any sofid waste generat�d in a household �y
a cansumer which, except far the excfusion provided for in 40 CFR § 261.�{b}(1}, wou{d
be classifiied as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous wasfe manifest form(s) furnished by the TNRCC
to accompa�y shipments of municipal hazardaus waste or Class 1 indusirial solid waste
far waste transported to a site in Texas, or ihe cflmparabl� manifest of #he recei�ing ,
state if the was#e is transparted aut af Texas.
Mobile collection e�ent means a household hazardous waste collection event by
Participating City �tilizing a mobile collection unit.
Fort Worth Mobile callecfion unit (MCU) mea�s a non-self�propelled vehicle used fQr the
periodic coilection of household hazar�ous waste by Participating City, off-site af the
ECC, which is trans�orted to the �CC to dispose af t1�e household hazardous waste
coilected at the mobile collectian event. The Fork Worth Mobile Collectia� Unit is
designed to hold the hazardous waste of approximately 50 io 75 hauseho[d�.
Partici�atina Cities, when used in the plural, means Fort Warth, Participating City, and all
other enti�ies which have ent�r�d into inferloca! agreemants with �ort Worth for the ECC
hausehold hazardous waste collectian program.
Pers�n means an individual, corporatian, organization, government, or governm�ntal
subdi�ision or agency, business trust, partnership, association, or any ather lega! entity.
Waste has the same meaning as "sofid waste" as that term is defined in Texas Health
and Safety Cflde §361.043, and including hazardaus subskances.
B. Unless a�rovision in this Agreement explicitly states otherwise, th� following
abbreviations, as used in this Agreement, shall ha�e the mea�ings hereinafter
designated.
CERCLA - Camprehensiv� Environmental Resparrse, Compensatian, and Liability Act.
CPR - cardiopulmanary resuscitafiion.
DOT - United States Department of Transporiation.
ECC - En�ironmenial Collectian Center.
EPA - United �tates Environmental Protectian Agency.
HAZCAT - hazard�us categarization.
HAZWOPER - hazardous waste operations and emergency respanse.
HM - hazardous materials.
HHW - house�old hazardaus waste.
MCU - Mobile Gol[�ction Llnit.
2.
PURPOS�
The purpose af this 9nterlocal agreement (hereafter "Agreem�nt") is the pro�isian of services by
�ort Worth to Participating City whereby, subject to the terms and conditions s�ecified below,
Fort Warth wi[I administer and supervise a regional household hazardous waste colEection
pragram, which will be available ta households witnin Partici�ating City.
3.
TERM
This Agreement shall be effective from the date the last party has signed this ag�eement
through September 30, 2002.
4.
SERVIC�S OF' F'ORT WORTH
Fart Worth agrees to perForm the following services fnr Participating City in connection with the
ECC household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste callection program.
This program will include fhe operation of the Enviror�mental Collection Center, which
will accept for disposal andlor recycling household hazardous waste fram households
lacated within Par�icipating Ciiy. Fort Wnrth shall not accept compressed flammable gas
containers; radioactive materia[s; exp[osives or potential�y shack sensitive materials;
biological, etiolagic, and infectious materials; wastes frnm businesses; and any other
wastes that Fork Worth has determined are unacceptable.
B. Fart Worth will employ or retain �ersonnel ta provide the services neeessary to perForm
Fart Worth's obligations in this Agreement.
C. Fort Worth will enter inta a contract(s) with waste disposallrecycling firm{s) for the
handling, colleetion, transpartation, storage, disposal, treatment, reco�ery, andlor reuse
af �ausehold hazardous waste, which is collected at the ECC,
:�
D. Fort Warth will, if requested in writing by Participating City, provide Participating Ci#y with
copies of waste manifesfs for shipments of wastefrom tne ECG.
E. Fort Warth will, if requested in writing by Participating City, provide Participatin� City a
monthly report of the Participating City's hausehnlds who disposed of hausehold
hazardous waste at the Environmental Collec�Eon Center ar a Mabile Copection E�ent.
F. For� Worth wiil issu� a report and a bill at #he end of each quarter detailing the number of
Participating City's households that disposed of household hazardo�as waste at #he
Env�ranmental Collectian Center or at a mobile callection event.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Non-For� Worth Mobile Coi�ection Unit
�. Fort Wort� agrees to accept ha�sehold t�azardous waste from Participa#ing City's
MCU in accordance wi�h Sectian 5, of this agreement.
2. Fort Worth agrees ta restock the items it removes from Participating City's MCU,
howe�er, Fort Worth shall anly restock items listed in Exhibi# "A", attached and
inc�rporated herein as if set forth.
Mobile Coflection Events —Usina Fort Worth's Unit
If Participaiing City would like to schedule a mobile calle�tion event with
the For� Worth Mobile ColEection Ur�ifi, �ort Worth will send Participating
City a list of available dates. Participating City will contact Fori Worth as
soon as possible to schedule the date, time and location agreeabl� to
both par�ies.
(a) Location
lf Participating City chooses to hold the Mobile Collection Event on
pri�ate property, Parficipating City shall �btain a signed waiver
from the owner of ti�e properfy 1 week priar ta th� event. The
waiver shall be in the form af Exnibit B or similar form approved by
Fort Worth. The signed waiver must be sent ta For� Wor�h 1 week
before the Mobile Col�ection Event. If the signed waiver is not sent
to Fort Vllorth 1 weelc before the Mobile Collection Even#, Fort
Worth will not send the Fart Worth Mobile Collection Unit to the
e�ent and Participatir�g City will, in no event, be entitled to any
damages of recavery of any costs, except as provided herein.
(b) Available Dates
Participatmg City acknowledges that Fort Worth confracts with
other municipalities and that Fort Worth will be accommodating
each Partici�ating City's request an a first com� first served basis.
Therefore, Pariicipating City acknow[edges that its chosen date to
schedule a mobile collection event may be reserved by another
City and Participating City wi11 have t4 choose another date.
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Participafing C�ty will, in no �vent, be entitled to any damages or
r�covary of any costs, except as prnvided her�in.
2. At the Mobile Collection Event, Participating City acknowledges and agrees fhat
Fort Worth shall accept household �azardous waste from the fiirst 50 hausehalds
that show praof of residency at the Mabi[e Callection E�ent. After the first 50
ho�aseholds, Fort Worih wiH determine in �ts sole discretifln how much more
wast� i� car� accept and store properly. If more households arrive at tfi�e eve�tt
than �ort Wort�t can accept, Participating City will in no evenf be e�fitied to any
damage of recavery of any costs, except as pravided herein.
3. Due to the lack of storage space a# t�e ECC, Participating City acknawledges
and agrees that if it requests the Fort Wor�h Mobife Caflection lJnit at a mo�ile
collectian event, a Participating City's Non-For� Worth Mobile Coll�ction Unit shall
r�ot also be at the event.
4. City, in its sole discretion, will determine whether to send the Fort Worth Mobife
Collection Unit to Participatir�g City's ColEectio� Event dur[ng adv�rse weather or
the threat of adverse w�ather includir�g but not limited to sleet, snaw, rain, mist or
hail. Irt the event Fort Wor�h determines not to send the Fort Worth Mabile
Collection Unit, Fort Worth shall notify persons fisted in 5ectian 5, Paragraph A
ar�d shall send a F'ort Worth employee ta the Participating Ciiy's event to te11 any
res9dents that came ia dispase of household hazardo�s waste; 1) that th� Far�
Wor�h Mobile Collection Unit wili not be caming to th� e�ent, and, 2) t�at the
resident can go to the ECC to dispose af the wast� � and provide a map to the
ECC.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following dufies i� connection with the household
hazardous waste callection pr�gram:
A. Participating City will designate one of its �mployees, and another as an alt�rnat�, ta act
as its househald hazardous waste collection coordinator to interact with Fort Worth.
Designated person is:Michaei �. s�one tele�hane number: 97�-219-1228
Pager num�er or 24-hour numb�r ►rvhere he ar she can be reached: 972-6'79-8625
Alterna#e person is James Rocr�s te�ephone number: 972-489-3077
Pager num�er ar 24-hour number where he ar she can be reached: 972-489-3077
B. Partieipating City will coardinate and fund all program ad��rtising targeted to its own
citizens, as it deems necessary. Such adver�ising shall include the type of wastes that
will be accepted at the ECC, the requirement of proof at r�sidency and weather
cancellation �nformation.
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C. Participating City shall
clos�d as provided i
Ope�-ation."
not�fy its residents of the ECC hours of operafion and dates it is
i 5ection 9"The Enviranmenfal Collectian Center Hours of
D.. Participating City may choose to utilize a voucher sysiem for its residents 9n order for
them to bring HHW ta the ECG. If F'articipating City chooses to use such a system, it
shall notify Fort Warth oF the decision, and shall pravide Fort Worth with a copy of the
ofFicial voucher. In addition, if a citizen from a Par�icipating Cify that utilizes a voucher
system comes ta the ECC or a mobile collection event without a �oucher, Participat�ng
City acknowledges and agrees that Fort Worth will not accept fihe household hazardous
wast� until Participating City authorizes the acceptance in writing.
E. Participating Ciiy may submit a written request for a mon#hly r�port listing the number of
its city's households that have disposed of household 1�azardo�s waste at the ECC or a
mobile collection ev�nt.
F. Participating City shall provide traffic control and signage for the mobile collection
events, and shall pravide persannel to assist Fort Warth with the survey and scr�ening
of persons dropping off household hazardaus waste. The parfies prior to the e�ent shall
agree upan the details of the traffic confrol, signage, and personnel assistance.
G. Participafina Citv's Mobile Callection Units Callectina Hausehold Hazardous Was#e
1. Partici�ating City shall advise the ECC program manager at I�ast 72 hours in
ad�ance of its mobi[e collection events. Parficipating City shall collect only HHW
during a mobile collection e�ent. Wasfes from commercial, agricult�[ral, and
industrial sources shall not be accepted. Pariicipating City shall not accept
compressed flammable gas containers; radioactive materiaEs; explasi�es or
potentially shock sensitive materials; biologicaf, etio�agic, and infectiaus
materials, and any other wastes that Fort Worth has cietermined are
unacceptable.
2. In a�cordance with the latest DOT requirements, Part9cipating City"s MCU
operatars will properly categarize, package, mark, label, and load into the MCU,
all wastes recei�e� at the mabil� collection er�ent. Recyclable products (used oil,
used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and
fluorescent lights} will be segregated inta eantainers for recyclables.
3. After accepting wastes, Participating City's MCU operators shall thflroughly
check each cantainer for proper labeling and identification. If a container is
properly identified, the material will be segregated according to hazard class and
prepared far packaging. If a cor�tainer does not have adequatelabeling to permit
9dentification, the MCU operators shal{ then attempt to identify the material from
its �hysical characteristics using HAZCAT ana[ysis and from information pravided
by the hausehald presenting the waste.
4. The Par�icipating City's MCU operators shall package all hazardous materials in
accordance wi#h United Sfates Department of Transportation (DOT)
requirements, United 5tates �nvironmental Protection Agency (EPA�
requirements, and al� othar applicable federal an� state requirements. After all
the wastes ha�e been properly identifi�d and segregated, the MCU aperators will
reexamine the wastes for compatibility, list them on the container content sheets,
and pack fhem into drums. Oil-based paints an� lafex paints sha11 be bul�ed
separately in 55-gallon drums, or if the paint is left in ifs container, fhe paint can
be packed in a lined cubic yard box, and packed and fabeled according to federal
and state regulations. Participat�ng City shall not transport waste tha# is not HHW
to the ECC. Participating City agrees to make iis own arrangements fio dispose of
any non-HHW waste collected at the event.
5. Prior to �ransparting the HHW from the collectian event site(s), Participating City's
MCU operators shall complete a Bill of Lading, and sha[I keep the Bill of Lading
in the cab af the truck hauling the MCU during transportation of the HHW to the
ECC. Participating Ciiy shall require that a minimum of one copy of the latest
North American Emergency Respanse Guidebook b� kept within the cab of the
truck.
6. During transportation, Participating City's MCU o�erators shall placard the MCU
fiar transportation af hazardous waste in accordance witn federal and state faw.
7. Upon the return of the MCU ta the ECC, Participating City's MCIJ operatars sF�all
follow th� instructions of Fart Worth regarding the placement of the MCU for
unloading. F'art Worth shall take possession of the MCU from Participating City
after the MCU has been praperly parked for unloading in accordance with For�
Workh's instructions and all required documents have been delivered to the ECC
�ragram manager or his designee at the ECC. Fart Wor�h shall, within a
reasonable amaunt af tim�, unload the HHW from the non-Fart Worth MCU and
store th� HHW at the ECC.
8. If Fort Warth, in its sole discretion, de#ermir�es that Participating City's MCU
operators improperly packaged any of the HHW delivered to the ECC, Fort Worth
sF�all repackage such waste, and Participating City shall reimburse Fvrt Worth as
set forth in Section 10., Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participating City's
possession, Fort Worth shall take control of the spill response and Participating
City will reimburse Fart Worth for its response costs as set forth in Section 1d.,
Paragraph C.
6.
USE O� WASTE DISF'OSALIRECYCLING FIRMS FOR HOUSEH�LD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s} witY� waste disposallrecycling firm(s} far the
handling, collection, transportation, starage, disposal, treatment, recovery, andlor reuse
of household hazardaus waste, which is collected at tt�e ECC.
B. Such firm(s) shall �e required pursuant to the contracf(s} to assume generator status for
tMe w�ste collec#ed, (excluding used oil, lead-acid batferies and antitreeze) to chaose a
disposal site for the waste subject to Fort Worth's approval, anci to indemnify Fort Worth
and participating cities a�ainst any and all en�ironmental damages and the violation of
any and all environmental requirernents resufting from the handling, collection,
transportatian, storage, disposal, freatment, recovery, andlor r�cycling af waste collec#ed
pursuant to this agreement, when said enviranmentaf damages or the violation of said
en�ironmental requirements was the result of any act or omissian of contractor, its
officers, agents, employees, or subcontracfors, or the jaint act or omissi�n of contrac#ar,
its officers, agents, emplayees, ar s�bcontractors and any other person ar entity.
C. �H� �AR�1�S Ft�C�GNIZ� YHAi AL'iHOU(aH iki� �'[RflA (S) W1�L �E R�@Ul���
i8 �4�SlJI�IYF (�EWERATOR SipoiUS, iH[S ASSUiVI�'iIDA! 1+VILL NOi R��I�l��
PARiICIP��I�lG C17Y O� LIA�ILITY �OR iHl� WASi� UND�R ����Ft�'.L L��
AN� Sipe f��AIdV. Fort Warth wifl arrange for recycling �endars for used oil, batteri�s,
antifreeze, and ather maierials, as it deems appropriate.
7.
REUS� OF COLLECTED MATERIALS
A. Fram time-to-time Fart Wo�th will make a�ailable to residents and businesses of Fort
Worth, as well as, Participating City and residents and busir�esses of Participa#ing Cify
for their use, collected household hazardous waste materials that are suitable far re�se,
such as �aint, fertilizer, motor oi1, and antifreeze, Fart Worth shalf nat charge for any
materials that are picked up for reuse.
B. Some materials made available far reuse may have been consolidated and filtered �y
Fort Worth prior to being made avai�able. �sed antifreeze will have been consolidated in
a barrel, fiiltered, and pH balanced, and new antifreeze may na�e been added to the
barrel.
C. In regards to materials accepted by Participating Gity, FORi WORiH f��►Ft�S R�O
R��R�S�R�iAil(7N5, WARRANiiES OR CUARANTI�S THA I:
9, th� container conten#s ar� what the label indicates;
2. the cantainer conter�ts are those ariginally placed inta the container by the
manufacturer;
3. the producf is af the qua[ity int�nded for �s use,
4. the contents of the container have been stored properly;
5. the instructions on th� container label for use, starage, and first aid are current or
correct;
6. the cflntainer is in unimpaired condition;
7. the praduct is still appraved for use {i.e., it has nat b��n banned ar recalledy; and
8. the praduct can be used without risk to persons, property or the �nviranment.
�UR�'b�F�IUI�Ft�, AL� WA�RRr4NTIES, EXP��SS AN� IIIAPLIFD, ���
SP�CIFICALLY D�NIED.
D. Participating City shall contact the ECC program manager ta arrange a pickup time ta
obtain materials. Participating Ci#y agrees that ii shall not return ta Fort Worth, directly or
indirectly, any� materials it a�tains fram Fort Worth under tnis paragraph.
E. 1R� R��A��S T� MAiER1ALS ACC��i�� BY PARYICI��aili�� CIiY,
�A��ICI�AirN� C17Y DOES HERE�Y WAIV� ALL CL�41fVIS, IiV��U�INC
��B�UCTS �lA�ILITY CLAlMS, r4N� R�L�AS�S, AN� H0�9S bAR�LFSS TFi�
CIiY �� ���i WORTH, /�iVD ALL O� l�'S ���ICIALS, O1��IC�RS, �11���OY���,
�,C�N�'S, �oN9 VOLUNiFcERS, IN BOiH TH�IR Pl1BLIC AN� �i�1l�Ai�
�A�ACIi1�S, i�ROM ANY AND ALL �IA�ILITY, CL.,/�IMS, �UIiS, DFcAdIAP�DS�
�XP�R�SES �F LiTIGATION, OFt CAUSES �� AC�'10N W�IICb ii��Y ��lS� �Y
€��S�iV O� INJURY i"O PERSONS, �OSS OF PROP��`TY, ��f�A�� i�
�RO��RiY, OR �OSS OF� USE O� ANY PR4P�RiY , OCC/�SI�iV�� �Y ib�
�R�IVSPORiATIAN, STORAG�, HAf�DLIf�G, US�, AND �I�POS�L �Y
PARiiC«A�INC� C[TY O� ANY MATERIALS ACC���'E9 BY PARilC1�A�ll�f� CIiY
UPlD�R �FiIS �CREEM�Ni FROM FORi WORTH.
F. In regards to materials accepted by residents ar businesses �f Participating Cities,
�'�Ri l+1��i��Fi IVaAKES NO REPRESENTAYIONS, WARRANTlES OR CU,��N fl��
�HA�':
2.
3.
4.
5.
6.
the container contents are what the label indicates;
the contai�er contents ar� those ariginally placed into the container by the
manufacturer;
th� product is of the quality intended for its use;
the conients of the container have been stared properly;
the instructions on the container label for use, storage, and first aid are curren� or
cc�rrect;
the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not �een banned ar recalled); and
8. the product can be used without risk to persons, property or the environment.
�UR�H�FiMOR�, ALL WARRANTIES, �XPF2�SS AND INi�LI��, �R�
SP�CIV�IC�LLY �EN[E�.
G. Participating City shall attempt to inform its residents and �usinesses that if they go to
the Envirvnmental Collection Center to pick up household hazardous waste far re�ase, a
refease of liability musf be sighed to accept the household hazardous waste for reuse.
�o
8.
RIGHT TO REFUSE WASTE
Participating City agrees ti�at Fart Worth shall h��e ihe right to refuse to accept waste at the
ECC from Participating City's resident and #o eject such individual from the premises of the
ECG, if in the reasonable judgment of Fort Worth:
A. The wast� is nat hausehold hazardous waste;
B. The waste fai[s to meet other established crifer�a established by this Agreement, or that
har�e been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to esta�lish that helshe is in fact a
resident af Participating City;
D. Participating City has implemented a vouc�er system for its residents to dispose of
waste, and the individual does not have a vali� vaucher; or
E. The waste ar the individual presents a hazard to the ECC ar ta persons or property at
the ECC.
9.
ENVIRONMENTAL COLLECTION C�NTER HOURS AND DAYS
OF OPERATIQ�I
A. Hours of Operation
During the term of the agreeme�t, the ECC's haurs of operation are as follaws:
Thursday and Friday 1�.00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m.
8. Days the �nviranmental Collection Center wiCl be closed
During the term of tF�e agreement, the ECC will be closed on the following days:
Thanksgiving Haliday, No��mber 22 -23, 2001
Christmas Holiday, December 2�- 25, 200�
Decemt�er 30, 20Q1 through January 11, 2D02, for c[eanup and repairs
M.L.K. Day January 21, 2002
Memorial Day, May 27, 2002
Independence Day, .luly 4, 2002
Labor Day, September 2, 2002
C. Natifying Residents
Participating City agrees to notify its residents af the ECC's haurs of operation and dates it wili
be closed. Participating City may advertise the 24-haur Environmental Collection Center
1�
ielephone number to gi�e its residents the Environmental Collection Center's haurs. ihe
number is: (817} 871-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fart Worth pursuant to this agreement:
A. Participating City agrees ta pay Fort Worth tha sum of $60.00 per household p�r �isit to
the ECC or per household for participation in a Mobile Collection Event to dispase of
household hazardous waste.
B. if Fort Worth determines that Participating City's MCU operators improperly packaged
any of the HHW delivered to the �CC, Fort Worth shall repackage such waste, and
Participating City shal! reimburse Fort Worth for it staff time at $20.00 an hour and the
cost of supplies.
C. If a spill occurs a# the ECC while the Non- Fart Worth MCU is still in Participating City's
possession, Fort Worth shal[ take control of th� spill response and Participating City wi11
reimburse Fort Worth for its response casts of $60.00 per hour staff time and the cost of
supplies.
D. The amo�tnt due to �ort Worth for serv�ces provided under this Sectian, Paragraphs A,
B, and C, shall be billed to Participating City quarterly. Participating City shall pay Fort
Worth within 30 days of receiving a bill from �ort Warth. !f Fort Worth da�s not receive
payment within 3a days, Fort Warth shall i�form Participating City in writing that it will not
accept any household hazardous waste from Participating City's residenis and that Fort
Worih will not participate ir� a mobile collection event ar proWide a mobile collection unit
until paid.
�, At #he end af the term af this Agreement, Fort Worth shall pravide a fina[ accounting ta
Participating City, which will include the total number of Part[cipating City's households
which participated in the program, re�acicag[ng fees, if any, and the total cost of spill
response charged to Par�icipating City, if any.
F. Pursuant to ihe requirements af Go�ernment Code �791.011 (a)�3), the amaunt due to
Fort Worth under Su�paragraph D. above shall be paid from revenues cur�'ently
a�ailable to Participafing City in tne pres�nt fiscal year.
12
11.
ARTWORK, "CAPTAIN CRU� AND THE CRUDD[ES," AND PROMOTIONAL MATERIALS
I.ICENSE AGR�EMENT
Fart Worth [s the owner of "Captair� Crud" and the Cruddies ("Bloomer," "Otfo," "�es�ie,
"Scrub," and "Van Goo"} "Conquer Your Crud," and "'Crud Cruiser", and therefore all
own�rship rights belong to Fort Worth, Fort Workh has registered these marks as service marks
with the Secretary of 5tate.
A. Fart Worth hereby grants t4 Participating City a non-transferabCe, non-exclusive license
to use all the artVvork and promotional materials that may be provided by FortWarth to
be used solely in the conduct of the business of Participating City's disposal and
recycling of housahofd hazardaus waste programs. If Participating City wishes to use to
Licensed Art andlor Promotional Materia[s in atner limited situations, Participating City
must #irst abtain express written consent from Fart Worth.
B. Fori Warth may provi�e licensed Artwork and Pramotional Maferials to Participating City
pursuant ta the terms of this Agreement. Participating City acknowledges that by vir�ue
of this License, Participating City acqr�ires only the rigi�t to use the original and permitted
duplicate copies of the Licenseci Artwark and Promafional Materials and does not
acq�ir� any rights of own�rsY�ip in the Licensed Artwork and Promotinnal Materials,
wF�ich rignts shall remain �xclusively w�th Fort Warth. If Participating City wants to madify
or change the artwork andlor pramotiana� materials in any manner, Patticipating City
hereby agrees ta cantact Fart Worth in writing to obtain written consent beforemodifying
or changing any artwork andlor pr�motional materials.
C. If Participating City desires an acior to portray "Captain Crud" for an e�ent, Participat9ng
City sha11 use actors approved by Fart Wor�h to portray "Captain Crud" since "Captain
Crud" is owned by� Fort Worth. Participating Cify shall be sofely responsible tor
cflmpensating actor #or the services provided to Participating City. Participating City wi4
eontact Fort Wo�th as soon as passibfe with the date and time of the event agreeable ta
both parties to obtain appra�al for the chosen actor and ta request and pickup the
"Captain Crud" casturne for its events. Fart Worth will pro�ide the "Captain Crud"
costume. However, Participating City agrees to be liable ta Fork Wortn for arry damage ta
the costume or if Participating City fails to return the enfire cas�ume to Fort Worth or if
the castume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understaod and agreed that, in the execution of this Agreement, none of the
parkicipating cities waives, nor shall be hereby deemed to wai�e, any immunity or defense that
would otherwise be availab[e �o it against claims arising in the exercise of gov�rnmental powers
and functions, and that the services described in this Agr�emert are a go�ernmental function.
13
13.
FORCE MAJEURE
A delay or failure of Fort Worth ta perform services pursuant to this Agreement shall be excused
to the extent that the delay or failure ta perform resulted from a force majeure event, and the
delay or fiailure was beyond the control of Fart Worth and not �ue to its fauft or negligence.
Participating City shall no# have, and hereby waives, any claim what��er for any damages
resulting from delays or failure to perform caused by a force majeure event.
14.
TERM INATION
The parties shall each have the right to terminate the Agreement for any reasan, with or without
cause, upon thirty {30) days written no#ice to the other party. Upon terminatifln, the .parkies shall
be released from all contractual obligations ta the other garty excluding "USE D� WASTE
DISPOSALIRECYCLING FIRMS �OR H�USEHOLD HAZARDOIJS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUD�IES," AND PROMOTI4NA� MATERIALS LICENSE AGREEMENT'
(Paragraph 11).
95.
NOTICE
Any notices required to be given under t1�is Agreement shall be deli�ered as follows:
If to Fort Worth:
Brian Baerner, CHMM, Di�ector
Department of Environmental Mana�ement
City of Fort Worth
10�0 Throckmorton
Fort Worth, Texas 76102
If to Participatinq City:
F.xar�iit i ��c T1� rcr+�nr
Unner Trinity �Qnal water_�.is�rict
396 W_ Main S�r��j-� SLitca 'f 02
� _ Q _ [�,r.f`� G7Pr � n �i
Lewisville, TX 75D67
16.
ENTIRETY
This Agreement contains all commitmenis and Agreements of tf�e parties hereto, and na other
oral ar written cammitments shall have any force or effect if not contained herein, excep# that
this Agreement can be amended ar modified by the parties if sucF� amendment or modification is
in writing and signed by Participating City and Fort Workh.
14
�7.
SEVERABILITY
In the event anyane or more of the prov9sians contained in this Agreement shall far any reasor�
be held to be invalid, illegal, or unenforceab�e in any respect, such invalidity, illegality, ar
unenfarceability shall not affect any other provision thereof and this Agreement shall be
canstrued as if such invalid, illegal, or unenforceable prflvisians had never been cantained
herein.
98.
VENUE
5ho�ld any action, real or asserfied, at 1aw or in equity, arise out of the t�rms and conditions of
this Agreement, �enue for said action shall be in Tarrant Counfy, Texas.
19.
AClTH�RITY
This Agreement is made far Fort Worth and Participating City as an Interlacal Agreement,
pursuant to Texas Government Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers andbr agents of the parties h�reto are properly authorized officials
and hav� the necessary authorify to ex�cute this Agreement on �ehalf of the parti�s hereto, and
each party hereby cer��fies to the other that any necessary r�salutions extending such authority
have heen c�uly passed and are now in full force and eff�ct.
15
�
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH
f
By: � .
�� ���
� � ��� ._���
Libby Waisan ��
Assistant City Man ger
Date: f l���S � %
. �
APPROVED AS TO F�RM
AND LEGAL[TY:
sistan
A�TEST: - � .
,� r`
�.
loria Pear n
City Secret
Upper Trinity Reqianal Water District
. By. ��
� _. — _ f
Printed name� r�i��+� �1. ����
Title ����'�8��
Da#e: i�-� �. � eo i
APPROVED AS TO FORM
AND LEGALITY:
General Counsel 1
ATTEST:
,�..�- � � /.
Secretary, B� d of Directors
� j — ��� � '7
Contract authorization
o I � /D�
�
Date
�
16
�_
������ ������
' la u ���rs����
� ����� �.
�
a
Exhibit "A"
R�S7'OC�C[NG �[�� ��� �'H� �O�IL� �0�����101� �NI�
{Vlafierial Amount �esfock�d � Spec�al h�eeds �emarl�s
55 gallon open top Amaunt taken off the
drums (open tap for tra�ler
loase p�cks}
55 gallon drums Amount taken aff the
(closed tap} (oil, trai�er
antifreeze, bullc
flammable materials
and one extra}
F'iber drums (55 or 30
gallon} Aerosals, Amount taken afF the
acids, bases and traifer
caxidizers)
Gaylord box liners
(p[astic} Amount taken aff the
trailer
55 gallon drum liners
Amount taken aff the
trailer
5 gallon bucicets
{filterslhaz chemicals) Amaunt taken of� the
trailer
Survey Forms
Amount taken off the
trai[er
Labelsldrum placard
Amount taken off the
trailer
Gaylord box+es
Amount taken aff the
trailer
Absarbent pads
Amounf taken off the
trailer
Vermiculite
Amount falte� aff the
trailer
Oil dry
Arna[�nt taken off the
trailer
Promotional Ma�er�als
& Brochures Amaunt needed
17
Exhibit "B"
WAIVER AND RELE�SE QF LIABILITY FDR COLLECTION �F HOIJSEHOLD
HAZARDOUS WASTE
I being the owner of property located at
have been asked by the City of to allow a mobile cnllection
event on my praperty to collect household hazardous waste on the , 2001.
In cansideration of , I hereby gi�e my permissian tQ the City of
to hold a household hazardous waste collectian event on my
property in which the City af has asked the City of Fort Worth
to send 'its mabile collection unit to collect the household hazardous waste that is brought to the
event.
Therefore, in consideration of , I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNI�Y the City of Fort Worth or its officers, agents,
and employees and the City of and its flfficers, agents,
andlor employees far any and a[I claims, demar�ds, liability, causes of act�on, actionsor suiks of
any character that I may have against the City of Fori Worih or its afficers, agents, andlor
employees and the Ciiy Qf or its officers, agents, andlar
employees for any property loss ar damage, for any and all personal injury including death or
any ather damage nf any kind or character which may arises or thaf arises from allowing the
City of to hald a household hazardaus waste collection event, in
which the City of Fort Worth sends its mabile col�ction unit on my property.
I ha�e r�ad this Waiver and Release and fulfy understand its terms ar�d conditions. I have not
been influenced in any extent whatsoever by any representation or statements not contained in
this Agreement. 1 hereby acknowledge that this Waiver and Re�ease is given in consideration of
Signature Date
Witnass
�8
� �ty o f �'��+t �c�rt��, I`c,{xa�
����� �rr�� ���n�� ! �����n�������
�Gl�T� RC���tE�rCE NUfviLiEF� l_C�c� r�RMr �►�r�
101�I0'I *#�-� ��7� �2��L.L���TfOf� � of �
s��r�_a�c.7 �PPRDVAL OF Ih1T�Rl�{��A�l. A�F�ECI�+iEN7� V�lIT�� Vfi�f�I�U� �U�ll�GPA�171E� ���
TH�If� F'A��`�"�k�GPJ�1iI�N A7 �NE Ef�VIRONM��VTAL ��L���TI�h! CENTEF�
f���0iv�n�1E1V D�TIDr�;
It €� r��om�nel�id�d that tf3e ��t�r ���nc�l �ulhorGz� !h� �ily P��naget to �xecui� Ini�rloc�k �gr��m��ts
wi�l� v��la�� m�nl�ipaaik��sl�n�l�i�� Eor l�e�r p�rlicipa�for� ai ih� ��r�rironrn�nt�l ��Ile�#�ar� �e�#�r.
[]I��lJ��1�N:
The �ity"s �nv�ran�r�en�al �ok�eclacrrr ��nt�r is now in it� fift}� year of op�ration c��le�ting h�us��al�
����rda��� waste from the citi�ens ofi Fort Worth and surroui�cli€�� �oi�rrrtuni#��+s or� �. �ear-r�und basis,
Ir� �rder fior n�r�-Fo�k 1Nor�h ciii�ans lo parkicipate �� lhe car���r, eact� rr��ar���i�all#�+ f� requar�� lo �nl�t
into �� In#erlocal F��r���ent wil� k#�e �it�+ of Fori 1North.
L��i year, 23 �rea �omrnunitt�s �igne� p��i�ip�fiafl agr��monts w�#� Ehe �i#y, Far th� ��a�or�Rng ��ar,
w� �xp��t that ��,mb�r to rk�e to �� cornmunrtre�. Th� rate ��r ��o�sehold fc�r lhe period c�ver�� by
th�s� agr��ments (�ctab�r 1, �Q�� , ihrough Sr�p#�m��r �p, �O[3�} ps ���. I� is ���Ic�p�t�d i���t
approxirriate�y �30�.��0 will b� collected under tE�ese ��re�rr��nls.
This agr�arr�ent c��t�ir�e� th� r�sponsibil�ti�s �f ���i� party, es�abl3sh�s t�� ra#� fa� pa�tic�pati�n, ,�n�
tlelir���#e� Ih� u�� ai servic�-er�arEced ��ubl�c ed�c�tio� r�aE�rial. T�� �ity Rs r�s}�onsibl� fc�r th� r�v�rall
�p�ratian of th� ��nker. I��luc�ing ��ntracling wil�� a hazardou� wa�t� c�l�p��aE �n�p�ny �ar
#far�s�ort�t�or� �nd clispOsal o� maf�eials �o1l��ted.
Yha foll�wi�� �r�tJki�s hav� �xpresse�i an i�tc�r�sk or k�ave alrea�d�r �or�r�itted ta parfi��pak�or� t�r t�e
�eriod �ctio�er 1, �Of}1, �hrouc�h �eptemb�� �0, ���2:
l�rling��n*
B�nl�rao�c
�ve�man"
C',�'ap�vir�e
�C�1le�
R��hfs�rd E-I�il�`
�[ephenv�Ele
Ur�in�;orp�rak�d Tarra�# �ounty
A�I e
B�r1��on
�uless
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fV�wark
#��ver ��ks
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V�r��s
8 � dfard
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�e�€�d ��airie
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��gina�
Upp�r Tr�nity i���iarr�� W�t�r
W�E�u�a
*Tl��se mur���ip�llli�s �re �xp�ct�d to parti�ipate, bul t��v� n�t �rek �e�urn�� l�reir ap�roved agr�em�r�ts,
�rty r��F.�'a�t �o�t��, �'exc�s
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�I��AL I�FUF�fI�f�TEDiVl��RTI�I�ATI�f�:
�h� Financ� Dire�tor cerii�les l#�at th� �nvironrr�r��t�l M�r�a��rt�enk ��parl�ent will b� re�pana�ble for
#h� c�lle�#�on and d�posi�� �f fund� c��re t❑ the ��ty ur�d�r l�r�se agr�em�nts_
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