HomeMy WebLinkAboutContract 27135C1TY ��GR�iR�V _ �
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INTERLOCA�. AGREEMENT FOR PARTIClPRTiON !N FORT WORTH'S
ENVIRONMENTAE. COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into �y an� between the Ci�y of F�rt Warth, Texas, a home-rule
mu�icipal corparaiion siivat�d in Tarrar�t and Denton Counties, Texas, hereinafter cal[ed "Fort
Wor�h," acting F�erein by and thraugh� Libby Watson, its duly �uthorized Assistant City
Managert and The Citv �f Ke11er a m�nicipality situated in �arrant Count,v,
T�xas, h�reinaiter called "Par�icipating City," acting herein by and thraugF� Ly1e H. Dresher
its duly a�tharized _ City Mana�er .
WiTN�SSETH
WMER�AS, Texas Government Code, CF�apter 799, authorizes the formulatian of interlocal
cooperation agreements beiween and amang local gavemments; and
WHEREAS, Texas Governmant Code, �791.011 provides that a local go�ernrnen� may contract
with another to perform governm�ntal �unctions and services, and §79� .D03(3}(H} defnes waste
disposa� as a governmen�al function and service; and
WHEREAS, Texas Government Cade, �79�.025 pra�ides #ha� a Iocal go�ernment rnay agree
with another loca! gavernment to purchase services; and '
WHEREAS, Fo�t Vllarth ar�d Participating City desire to enter into an interlocal agreement
whe�eby Far� Warth wiil purchasE the services of a waste djsposaflrecycli�ng firm vr firms and
wilf admir�ister a household l�azardous waste coffection program; and
WHEREAS, Fort Worth and Participating City mutua[ly des�re to be subject to the provisions of
Texas Government Cade, Chapter 791, also knvwn as the Interlocal Cooperation Act.
NOW THEREF�RE, it is agreed as follows;
1.
DEFINITIONS
A. Un�ess a pravisian in this Agreement explicitly states otherwise, the fo�lowing.terms and
phrases, as used in this Agre�ment, shail have the meanir�gs hereinafter designated.
Act o� God means an act occasianed by ti�e direci, (mmediat�, and exd�sEve aperation
of the forces of nature, uncontrolled or uninfluer�ced by the power of humans and without
human interveniion.
• Bill of Ladinq lists the contents �f ti�e mobile collectian unit.
En�iran�nen�al Colfec�ion Center (ECCI means th�e City af Fort Worth Department of
Environmentaf Management facility located at 6�Q0 Bridge Stree#, Fart Worth, Texas,
which is ta 6e �sed by Fort Worth for the agg�ega�ion of household hazardous wastes
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that nave been brought to the fiacility by participating cities' households for subsequent
recycling, disposal, andlor reuse.
Environmental damaaes means a11 claims, judgments, damages, losses, penalties, fines,
liabi�ities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such c�aim is ultimately defeated, -�
and of any good faith sett[ement or judgm�nt, of whatever kind or natu�e, contingent or
otherwise, matured or unmatured, fareseeable ar unfareseeable, �ncluding without
limitation reasonable aftarney's fees and disbursements and consultant's fees, any of
which are incurred subsequent to the execution Qf tF�is Agreement as a result flf the
handling, collecfiian, trar�sportatio�, storage, dispflsal, treatment, recovery, andlor reuse
of waste pursuant to tnis Agreement, or the existence of a violation of er��iranmenta!
requ9rements pertaining to same, and including withouf limitation:
(a) Damag�s for personal injury and death, or injury tn praperty or natural resources;
{b} F�ES incurred far �h8 SBEViCES of attorneys, consultants, contractors, experts,
laboratories and all o#her costs incurred in connection with the investigation or
remediaiion of such wastes or vialation of environmental requirements including,
but not limited � to, the preparation of any feasibil9ty stud9es ar repor�s or the
performance of any clea�up, remediation, remflval, response, abatement,
containment, closure, resioration ar manitaring work required by ar�y federal,
state or local governmental agency or palitical subdivisian, or atherwise
expended in connaction with the existence af such wastes ar violatians af
enviranmental requirements, and including without limitation any attorney's fe�s,
�osts and expenses incurred in enforcing this Agreeme�t or callecting any s�ms
due hereunder; and
(c} Liability t� any third person or governmental agency to indemnify such person or
ager►cy for costs expended in cannec�ion with the i#ems referenced in
subparagraph (b} herein.
Environmental reauireme�ts means ail applica�le presant and future statutes,
r�gulations, rules, ortfinances, codes, ticer�ses, permi�s, orc4ers, approvals, p�ans,
authorizatians, concessions, franchises, a�� similar items, of alfgav�rnmental agencies,
departments, commissions, baards, bureaus, or instrumentalities of the United 5tates,
s�ates, and political subdivisions thereof and ail applicable �udicial, adminis#rative, and
regulatory d�crees, judgments, and ord�rs relating to the pratection of human health or
#he environmenf, including withaut �imitatian:
(a) A!I requirements, including but not limited to ti�ose partaining to reporting,
licensing, permitting, investigafion, and remediation of emissions, discharges,
refeases, or threatened releases of hazardous materials, pollutants,
contaminants, or hazardous or toxic substances, materials, or wastes whether
salid, liquid, or gaseous in nature, into the air, surtace water, groundwater, siorm
water, or land, aE relating to the manufacture, processing, distribution, use,
treatment, storage, dispasal, transport, or handling af pallutanfs, contaminants, or
hazardous or toxic substances, materials, or wastes, whether solid; liqui�, or
gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of
employees ar the public.
Force maieure means decrees of ar �-estraints by a governmental instrumer�tality, acts af
Gad, work stoppag�s due to labor dispuies or strikes, faflure of Fart Worth's •�
contracfior(s) to pertorm pursuant to iheir agreements witl� Fort Worth for the cond�ct of
the callectian of household hazardous waste, fires, ex�losions, epidemics, rio�s, war,
rebellion, and sabotage.
HQusehold hazardous waste (HHWI means any s�li� waste generated in a i�ouset�old by
a cansumer which; except fiar the exc[usion provided for in 4D CFR § 261.4(b)(1), would
be classifi�d as a hazardous waste under �0 CFR Part 261.
Manifest means the uniform hazardous waste manifest form{s} furnished by the TNRCC
to accompany st�ipments of municipal hazardous waste or Class 'I i�dustrial solid waste
#or waste fransported to a site in Texas, or the comparable manifest of the receiving
state if the waste is trans�arted out of Texas.
Mobile collection event means a housenold hazardous wasie callection event by
Participating City utilizing a mobile collec�ion unit.
Fort Worth Mabile callectio� unit (MCU) means a non-seff-propelled vahicie used for the
periodic callsctian of hausehold Y�azardous waste by Participating City, aff-s9te of the
ECC, which is transparted to �he ECC to dis�ose af the household hazardous waste
collected at the mabife callection event. The Fort Worth Mobile Collection llnit is
designed ta hold the hazardous waste of appraximately 50 to 75 households.
Participatinq Cities, when used in the plural, means Fort Warth, Participating City, and all
ather entities which have en#ered into interlocal agreements with Fort Worth far the ECC
househofd hazardaus wast� callectian program.
Person means an individual, corporation, arganization, government, or governmental
su�di�isio� or agency, business trust, partnership, assaciation, or any other legal entity.
Waste has the same meaning as "salid waste" as that term is defined in Texas Health
and Safety Code §361.003, and inc[uding hazardous substances.
8. Unless a�rovision in ihis Agre�ment expliciily states otherwise, the following
abbreviations, as used in this Agreement, shall E�ave the meanings hereinaiter
designated.
CERCLA - Comprehensive Envirflnmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Departm�nt of Transportation.
ECC - En�ironmental Collection Center.
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EPA - Llnited States Environmental Protectian Agency.
HAZCAT - f�azardous eategorizatian.
HAZWOPER - hazardaus wasie operatians and emergency respnnse, -�
HM - hazardous materials.
HHW - househald hazardous waste.
MCU - Mobile Cflllection Unit.
2.
PURPOSE
The purpose of this interlocal agreement �hereafter "Agreement") is th� pro�ision of services by
Fort Worth to Participating City whereby, subjec# to the #erms and conditians specified belvw,
Fort Worth wifl administer and supervise a regional househald hazardQus waste coUection
pragram, whicn will be avaifable to househalds within Participating City.
3.
TERM
This Agreement sf�all be effective from the date the last party nas sigr�ed this ag�eemeni
through September 30, 2D02.
�.
SERVIC�S O� FORT WORTH
Fort Worth agrees to pertorm the fflllawing servicas far F'articipating City in connection with the
ECC household hazardous waste collection program:
A. Fart Worth wip administer a regianal household hazardous waste callection program.
This prog�am will include the opera�ian of the �nvironmental Collection Genter, which
will accept for disposai andlor recycling household hazardous waste from households
lacated within Participating City. �ort Worth shall not accept compress�d flammable gas
containers; radioactive materials; explosi�es or potentialfy shack sensiti�e materials;
biological, etio�ogic, and infectious materials; wastes from businesses; and any ather
wastes that Fort Wor�h has determined are unacceptable.
B. Fort Warth will employ or retain personnel ta pravide the servi�es necessary to perForm
Fort Worth's obligations in this Agr�ement,
C. Fart Worth will enter into a contract{s} wit� waste disposal/recycling firm(s} for ihe
handling, callection, transportation, storage, disposal, treatment, recovery, andlor re�se
af hausehold hazard�us waste, which is caAscted at the EGC.
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D. Fort Worth will, if requested in wri#ing by Par�icipating City, prc�vide Participatirtg City with
copies of waste manifests for shipmenfs of waste from the ECC.
E, F'ort Workh will, if requested in writing by Participating City, provide Partici�ating City a
monthly report af the PartEcipating City's hous�holds wha disposed of household
hazardous waste at the Environmental Cafiectian Center ar a Mobile Collectian Event. -�
F. Fort Worth will issue a report and a bill at the end of each q�arker d�tailing the numb�r of
Participating City's households #hat disposed af househald hazardous waste at the
Environmental Callectiart Center or at a mobile collection event.
G. Fort Worth wiil act under this Agreement in accordance with ail appficable state and
federal laws.
H. Non-Fort Worth Mabils Collection llnit
1. �'orf Worth agrees to accept hous�hald hazardous wasfe from Participating City's
MCU in accordance with Section �, of this agreemant.
2. �'ort Worth agrees to restock the items it remaves from Participating City'sMCU,
however, Fort Worih shali ar�ly restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
I. � Mobile Collection Events --Usinq FQrt Worth's Unit
1. If Partic9pating City would like to schedule a mob9ie callection event with
the Fort Worth Mobile Callection Unit, Fort Worth will send Participating
City a list of available dates. Participafing City will eontact Fort Worth as
sofln as possible to schedufe the da#e, time and facation agreeable to
both parkies.
(a) Location
If Participating City choases to #�ofd the Mabile Collectian Event on
private praperty, Participating City shall obtain a signed waiver
from the awr�er of the property 1 week prior to the event. The
waiver shall be in the form of Exhibit B or similar farm approved by
Fori Warth. The signed waiver must be sent to �art Warth 1 week
before the Mobile Collection Event. If the signed waiver is not sent
to Fort Worth 1 week before the Mobile Collection Even�, �ori
Wor�h will not send the Fort Worth Mobile Collectian Unit to the
event and Participating City will, in no even�, be entitled to any
damages of recavery of any costs, exc+��t as provided herein.
(b) Awailable C7ates
P�rticipating City acknowledges that F'art Worth contracts with
other municipalities and that Fort Workh will be accommadating
each Partici�ating City's request on a first come first served basis.
TheEefore, Participating City acknowEedges that its chasen date to
schedule a mobile collection event may be reserved by another
Gity and Participat€ng City will have to choose another date.
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Participating C9ty will, in no e�ent, be �r�titke� to any damag�s or
reco�ery of any casts, except as prov9ded her�in.
2. At the Mohile Coalection E�ent, Participating City acknowledges and agrees that
Fort Worth shall accept ho�s�hold hazardaus waste from the first 50 hauset�olds
that show proaf af residency at the Mobile Coliection Event. After the first 5� -�
households, �ort Worth will determine in i#s sole discretian how much more
waste it can accept and siare properly. !f more households arrive at the event
tha� Fort Wortf� can accept, Participafi9ng City wi11 in no av��t be entitla� to any
damage of reca�ery of any costs, except as �rovided nerein.
3. Du� to the �lack of storage space at the ECC, Par�icipating City acknowledges
and agrees that if it requests th� Forf Worth Mobile Collection Unit at a mobile
callection ��ent, a Park9cipating City's Non-Fort Wor�h Mabire Colf�ction Unit shall
not alsa be at the event. '
4. Gity, in its sole discretian, will determine whether tfl send the Fori Worth Mabile
CoU�ction Unit to Participating City's Collectian Ev�nt during adverse weather or
the th�eat of adverse weather including but not iimited to �leet., sr�ow, rain, mist or
hail. In the event �'art Worth determines nat io send the Fort Worth Mobiie
Coliection Unit, Fort Wort�t shall notify persons listed in Sectio� 5, Paragrapt� A
and shall send a Fart Worth em}�iayee to the Par�icipafing City's event to tefl any
resider�ts ihat came to dispose of household hazardous waste; 1) that the Fort
Wor�h Mobile Colleciior� Unit wil{ not be coming to #he event, and, 2} that t�e
resi�ent car� go to t1�e ECC to dispose of tF�e wasie �ar�d pro�id� a map to the
ECCe
5.
DUTIES OF PARTICIPATING C�TY
Pariicipating Ciiy agrees to perform the f�lfowing duties in connectian with t�e housel�old
hazardous waste cfllkectian program:
A. Pariici�ating City will designate one nf its employees, and another as an alternate, �a act
as its household hazardaus waste callectian caardinaior tfl interact with Fort Wortf�.
Designated person is: K� i ly S. King tefephone number: g 17 4 31. � 3 3 71. .
Pager n�mber or 24-1�our number where he ar she can b� r�achecf: _$17 431-151.5
Alternate �ersfln is Phyllis Lee . #elepnone number: 8�.7 431�1517
Pager number or 24-hour number where he ar she can be reach�d: � 1. 7 4 31-1515
B. Participating City wip cnordinate and fund all pragram adveriising targeied to its own
citizens, as it de�ms necessary. 5uch advertising shall �nclude ihe type of wastes #ha#
wi�l be accepted at the ECC, the requirement of proaf of residency and weather
ea�cellation infarmation.
C. Partieipating City sE�aEl notify its
closed as provide� in 5ection
Operation."
residents of the ECC hours of op�ration and dates i# is
9"The Environmental Ca[lection Center Hours of
D. Participating City may choase �o utilize a voucher system for its residents in arder for
t�em to br�ng HHW to the ECC. if Participating City chooses to use such a system, 9t
shall notify Fort Warth af th� decision, and shatl provide Fort Worth with a copy ofi the
officiel �oucher. In addition, if a citizen '�rom a Participating City #hat utilizes a voucher
system comes to the ECC or a mobife collection e�ent without a voucher, Participating
City acknowlsdges and agr�es that Fo�t Worth will not accep� the househald hazardous
wast� unti� Participating City authoriz�s ihe accep#ance in wri#ing.
E. Participating Cify may submit a written request for a mont�ly report listing the number of
its city's households that have dispased of household hazardous waste ai the ECC or a
mobile collection event.
F. Participating Ci�y shal! �ravide traffic control and signage for #he mo6ile collection
events, and shall provide persannel to assist Fort Worth with the survey and screening
af persons dropping off nousehold hazardo�s waste. The parties prior #o the event shall
agree upon th� details af the traffic control, signage, and personnel assistance.
G. Par�icipatina Citv's Mobile Collection Units Collectina Household Hazardous Wasfe
1. Participating City shaEl advise the ECC program manager at least 72 hours in
advance of its mobile collection events. Participating City shall callect only HHW
during a mobi�e colleciion event. Wastes from cammercial, agricultural, a�d
industrial sources shall no# be accepted. Participating City shall not accept
compressed flammable gas cantainers; radioactive materials; expl�sives or
potentiafly shock sensitiv� materjals; bialogical, etioEog9c, and infectious
materials; and any other wastes that Fort Worth �as determir�ed are
unaccepfable.
2. 1n accardar�ce with the latest DOT requirements, Par�icipating C�ty's MCU
operators will properly categorize, package, mark, label, and loa� into the MCU,
all wastes feceived at the mobile colEection event. Recyclable products {used oil,
used o91 filters, late�c pa9nt, recyclable anti-freeze, lead-aci� batteries, and
fluorescent lights} will be segregated into containers for recyclables.
3. After accepting wastes, Participating City's MCU operafflrs shall thoroughiy
cheek each cantainer far proper Eabeling and identification. If a container is
� p�operly identified, the material will be segregated accordi�g to hazard class and
prepared for packaging. If a container does nat have adequate iabeling ta permit
identification, the MCU operatars shall then attempt to �dentify the material from
its physical characteristics using HAZCAT ana[ysis and fram information pravided
by th� household presenting tne waste.
�4. The Participa#ing C9ty's MCU operators shal! package all hazardous materials in
accordance with United States Department of Transportation (DOT}
requirements, United States Enviranmental Protection Agency (EPA)
�
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requirements, and all other applica�le federal and state requirements. After a11
the wastes have been praperly identified and segregateti, the MCU operators wi11
reexamine the wastes for compatibility, list them on the container c�ntent sheets,
and pack them 9nto drums. Oil-based paints and latex paints shall be bul4�ed
separately in 55-�allon drums, or if the paint is left in its container, the pa�r�t can
be pacCced in a lined cubic yard box, and packed and labeled according to %deral "
and state regufations. Participating City shall not transpork waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispose of
any non-HHVII waste cflllected at t1�e event.
5. Prior to transporting the HHW fram the callection e�ent site(s), Participating City's
MCLI o�erators shall complete a Bill of Lading, and shall ke�p the Bill of Lading
in the cab of the truck hauling the MCU during transportatian of the HHW to the
ECC. Participaiing City shall require that a minimum afi one capy o'F the latest
No�th American Emergency Response Gui�ebook be kept within the cab of the
truck.
C. During tr�nsportation, Participating City's MCU aperators shall placard the MCII
for transportation of hazardous waste in accordanc� wiiF� federal and state law.
7. Upon the return of the MCU to the ECC, Participating City's MCl! aperaiors shall
foflow the instrucfions of Fori Worth regarding the pEacement of #he MCU for
unloa�ing. �'ort Worth shal{ take possession of the MCIJ from Participating Gity
after the MCU has been properly parked for unloading in accordance with Fart
Worth's instrucfions and a11 required dncuments have been delivered ta the ECC
pragram manager ar his designee at the ECC. F'art Worth shall, within a
reasonable amount of time, unload the HHW from the non-For� Worth MCU and
5tore the HHW at the ECC.
8. If Fort Warth, in its sole discretion, determines that Pa�ticipating City's MCU
opera#ors impraperly packaged any of the HHW delivered to the ECC, Fort Worih
shall repackage such waste, and Partici�ating City shall reimburse Fort Worth as
set forfih in Sectian 10., Paragraph B.
9. If a spi11 occurs af the ECC whiie the MCU is sti11 in Participating City's
�ass�ssion, F'ort Worth shall take control of the spifl response and Par�ici�ating
C�ty will reimburse Fort Worth for its respanse casts as s�t forth in Section 10.,
Paragraph C.
- 6.
IiSE DF WASTE DISPOSALIR�CYCLING FIRMS F�R HOIJSEH�LD HAZARDOUS WASTE
A. �ort Warth wiil enter into a contract(s} with waste disposallrecycl9�g firm(s} for the
handling, collection, transpartatian, storage, dispasal, treaiment, recovery, andlor reuse
of household hazardaus wasie, which is collecteci at the ECC.
B. Such firm�s) shall be required pursuant to the contract(s} to assume generator status far
fhe waste callected, (exclud9ng used oil, lead-acid batteries and antifre�ze) to choose a
disposal site for the waste subject to Fort Worth's approval, and to indemn9fy Fo�t Worth
and partici�ating cities against any and all en�ironmen#al damages and the violation of
any and a�l environmental requirements resulting from the handling, coll�ction,
transportation, starage, disposal, treatment, reco�ery, andlor recycling of waste collected
pursuant to this agr�ement, when said e�vironmental damages ar the viola#ion of said
environmer�tal requirements was the result af any act ar amission af contractor, i�s -�
officers, agents, �mpl�yees, or subcontractors, or tf�e joint act or amission of contractor,
its officers, agents, empfoyees, or subcontracfiors and any other person or entity.
C. iH� PA�71�S ��COCNI�� T}iA�' �1���i0UC�l iH� �IRII� (5) WI�� �� R�QVIR�D
T� �SSUNY� C�N�RATO� SiAiUS, Tb1S �1S5UMIPiIOf� !�1lILL NO�' R��I�V�
PA�iICI�AiiNC Cl��f O� �IA�I�IiY I�O� iH� W�►SiE UM��R ����[��, LE�F,fi�
AN� SiAi� LAV�. Fort Worth will arrange far recycling vendors for used oil, batteri�s,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. Fram time-#o-time Fart Worth wiil make available to residents and businesses af Fort
Warth, as well as, Participatin� City and �esidents and busin�sses of Par�icipating City
for their use, collected household hazardous wasie materials that are suitat�le for reuse,
such as paint, fert�lizer, motor ail, and antifreez�. �ort Worth shall nat charge for any
materials that are �icked up for reuse.
B, Some materials made avaiiabie for reuse may have been eonsolidated and filtered by
Fart Worth prior to being made available. Us�d ant�freeze wiH have been consalidaied in
a barrel, filtered, ar�d pH balanced, and new antifreeze may ha�e been added to the
barrel.
C. In r�gards to materials accepted by Participating City, �ORi WORTH M�FC�S i�0
R��R�SENiAYlO[�S, WARRANiI�S O�t ('sllARANiI�S TKA%
9. the contair�er contents are what tha labef indicates;
2. the container contents are th�se originally placed into the container by the
manufacturer;
3. the product is of the guality inte�ded for its us�;
4. the contents af tF�e co�tainer have been stored properly;
5, the instructions on th� cantainer label for use, storage, and �rst aid are current or
correct;
6. the container is in unimpaired candi#ion;
7. the �raduct is still.approved fior use (i.e., it has not been banned ar recalled); and
8, t�e product can be used witnout rEsk to persons, property ar the environment.
�
�U��'H�RIVI�R�, �,l�� 1dVARR�►Fd�'��S, �XPRESS �1fVD [fi�PLl��, �,R�
S��CI�iCALLY ��hl1�9.
�. Participating City sha�l contact the ECC program manager ta arrange a pic�Cup time to
obtain materials. Participating City agrees that it shall nat return toFort Worth, directly ar. '�
indirectiy, any materials it obtains from Fort Worth under this para�raph.
E. {N RFG�.R�S TO MA��REA�S �CC��i�� �Y �A�ilCl�p►iINC CI�Y,
�AFtiICI���I1VG CIiY �O�S bFR��Y WAlV� ALL C�/�fIV�S, IR1�LU�1N�
PFtO�UCiS �IA�ILIYY C�.i4111115, AlV� R���AS]�S, /�N� �iO�DS �ARML�SS ib�
CIiY AF FO�Y W�RTb, ANI� AL� OI� ITS ���IClA�S, Ol��'IC��t�, �1V�PL�Y��S,
AC�NTS, l�►M� VOLUI�T'�ER�, ll� �O`�H i�1�IR PU��[C AND I'�11�Ai�
CAPACI�I�S, FROIVI ANY APlD AL� LIA�1L�iY, C�II�IIS, SUI�S, ��fl1YANDS,
�X��NS�S OF LI�IGATION, OR CAUSES OF ACiIOAI Ial�H1CH IV�AY A�1S� �Y
R�ASOP! O� INJl1RY YO PERSONS, �OSS O� �RO��RTY, �Ai�IAG� TO
PEtO��R'TY, �R L.OSS O!� 11S� O� AFlY ��O���diY , OCCiASIOiVED �Y T'F;�
i�PlSPO��'AiIOAl, S70R�C�, H�►Id��IP1G, US�, �►iVD Di5�O5A� �Y
PAR�ICIP�TIf�G CI�Y O� r4NY [VI���FtIALS �CC�Pi�D �Y �ARiIC�P�TINC CIiY
UiV��R THIS �►CR���ViERl�' �ROiVi �ORi WORib.
F. In regards #o materials
�ORi WORiH tVIAK�S
'iHdi:
2.
3.
4.
5.
6.
7.
�cceptsd by residents or businesses of Participaiing Cities,
WO ���R�S�f�TAiIONS, WA��Ahlil�S O� CUA�iVTIES
the container contents are what the label indEcates;
the container conients are those originalfy placed into the container by the
manufacturer;
the praduct is of the quality intended fior its use;
the contents of the cantain�r F�ave been stored properly;
the instruc#ions on tF�e container Iabel for use, storage, and first aid are current or
correct;
the container is in unimpaired condition;
the product is still approved for use {i.e., it has not been banned or recalled); and
8. � the Qraduct can be used without risk to persons, property ar the environmeni.
�'URTbFRMO��, ,4LL 1dVAf�RAoPli��S, �XPf��S� Ai�D IIV���I�D, ���
SP�Ci�1G/���Y Dl�h'1��.
G. Farticipating City shall attempt to infarm its residents and bus9�esses that if they go to
th� Envlranmental Collection C�nter to picic up household hazardous waste for reuse, a
� reiease of iiability must be signed ta accep# the hnusehQld hazardoUs waste for reuse.
10
8.
RIGHT TO REF�SE WASTE
Participat�ng City agrees that Fart Worth shall have the right to refuse to accept waste at the
ECC �rom Participating City's resident and to eject such individual from the premises of the
ECC, if in the reasonable judgment of Fart Worth:
A. The waste is not household hazardous waste;
B. The waste fails ta meet ather establisf�ed criteria establist�ed by this Agreemenf, or that
have been established by Fort Worth subsequent ta fihe execu#ion of the Agreement;
C. The indi�idual doEs not have sufficient identification to establish that helshe is in fact a
residenf of Participating City;
D. Pa�kicipating City has implemented a voucher system for its residents to dispose af
waste, and the individual dQes not f�ave a valid voucher; or
E. The waste ar the in�ividua[ presents a hazard to the ECC ar ta persons or property at
the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours af �peration
During the ferm of the agreement, the ECC's F�aurs af operation are as fallows:
Thursday and Friday � 1:00 a.m. -7:00 p.m. �
Saturday 9:00 a.m. -3:00 p.m.
B. Days the �nviranmental Collection Center will be cl�sed
During the term of the agreement, the ECC will be clos�d on the following days:
Thanksgiving Holiday, November 22 -23, 2009
Christmas Holiday, December 24- 25, 2001
December 30, 2001 fihrough January 11, 2D02, for cleanup and repairs
M.L.K. Day January 21, 2002
Memorial Day, May 27, 2002
Independence �ay, Ju�y 4, 2002
Labar Day, Sepfember 2, 20D2
G. Notifying Residents
I'articipatir�g City agrees to notify ifs residents of #he �CC's hours of operation and dates it will
be ciosed. Partic9pating City may advertise the 2q�-hour En�ironmental Collection Center
11
telephone number to give its residenis the Environmentai Coll�ction Center's hours. The
�umber is: {8�7} 87'I-5257.
10,
COMPENSATiON
As fair compensatian for the services pr�vidad by Fort Wa�ih pursuant to tF�s agreement:
A. Participating Ciiy agrees to pay Fort Worth the sum of $fi4.00 per hausehold per visit to
the ECC or per househo�d for participatian in a Mabiie Coilection Event to dispose of
hausehofd hazardous waste.
s. If Fort Worth determines that Parficipating City's MCU operatars improperiy packaged
ar�y of the HHW deliver�d to the ECC, Fort 11Vorth shall repackage such waste, anc!
Parficipaiing City shall reimburs� Fort Worth far it staff time at $20.00 an hour and the
cost of su�plies.
C. If a spiil occurs at #he ECC while the Non- Fo�t Worth MCIJ is still in Pa�ticipating City's
passession, Fort Warth sha11 take control of the spill response and Participating City wil{
reimburse Fort Worth far its respanse costs afi $60.40 par hour staff time and the cast of
supplies.
D. The amount due to For� Worth far s�r�ices pravided under this Section, Paragraphs A,
B, and C, shall be biHed to Participating City quarterly. Participating City shall pay Fort
Worth within 30 days of recei�ing a bill fram Fort Wo�fh. If Fort Worth does not receive
payment wifhin 30 days, Fart Warih shall inform Partici�ating Ci#y in wr�ting that it will not
accept any housef�o[d hazardaus waste from Participating City's resid�nis and that Fort
Worti� wiil nflt participate in a mobile col�ection even# or provid� a mobile caklectinn uni#
until paid.
E. At the en� of the term of this Agreement, Fort Wo�th shall provide a final accounting to
Participating City, which will include the total number ofi Participating City's households
which participated in the program, repackaging fees, if any, and the total cosf of spi11
respor�se charged� to Participating City, if any,
F. Pursuant to the requirements of Government Cade §791.01'I (a)(3), the amaunt due ta
Fort Warth under SubparagraQl� D. above. shall be paid f�am revenues currently
available to Participating City 9n the preser�t fiscal year.
12
91. •
ARTWORK, "CAPTAIN CRUD AND TH� CRUD�IES," AND PR�MOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worih is the own�r of "Captain Cruci" and the Cruddies ("�loamer," "Oi�o," "�estie,
"Scrub�" and "l/an (�oo") "Conquer Your Grud," and "Cr�d Cruiser", and therefare all ,�
ownership rights belong ta Fort Warth. Fort Worth has registered these marks as service marks
with the Secretary of State.
A. Fort Worth hereby grants ta Partic9pating City a non-transf�rable, nan-exclusive licensa
to use afl the ar[work and promotiranal materials that may be pro�ided by �ort Worth to
be used solely in the cor�duc# af ti�e business af Participating City's disposal and
recycl9ng of household hazardous waste programs. Ifi Participating City wishes to use ta
Licensed Art andlor Pramotional Materials in other fimited situations, Partieipating City
must first obtain express written car�sent from �'ort Worth,
B. Fart Vllarth may pravide licensed Artwark and F'romational Ma�erials to Participating City
purs�an# to the terms of tF�is Agreement. Participating City acfcnowCedges that by virtue
of this �ic�nse, Participating City acquires only the right to use the originaf and permitted
duplicate co,pies vf fhe Licensed Artwork and Promotional Materials and does �ot
acAuire any rights of ownersF�ip in the Licensed Artwor4c and Promotional Materials,
which rights shall remain exclusively with �ort Worth. If Pa�tieipating City wants to madify
or change the artwork andlor promotional materials in any manner, Par�icipating City
hereby agre�s to contaet Fort Warth in writing to obtain written c�nsent before modifying
or changing any artwork andlor prom�tianal materials. •
C. .If Participating City desires an ac#or to pvrtray "Ca�tain Crud" for an eve�t, Participaiing
City sha11 use acfors approved by Fort Worth to partray "Captain Crud" since "Ca�tain
Crud" is owned by Fort Warth. Participating City shall be salely respansible far
compensating aetor for th� s�rvic�s provided ta Pa�t�cipating City. Participating City will
contact Fort Worth as soon as possible with the date anci time of the event agreeable to
�oth parties �o obtain approval for the chosen actor and to request and picicup the
"Captain Crud" costume for its events. Fori Wvrth wi}I �rovid� the "Captain Crud"
costume. Hawever, Participating City agrees to be liable ta Fort Worth for any damag� to
the costume or if Participating City fai[s #o return the entire costume to Fort Warth or if
the castume is not retumed in the sam� condition as received.
12.
IMMl1NiTY
It is expressly understood and agreed that, in the executian of ihis Agreement, non� of the
participating cities waives, nor shai{ be hereby deemed ta waive, any immunity or de��nse that
wauld' othen�vise be availabie to it against claims arising in the exercise of go�ernmental powers
and function�, and that the services deser�bed in this Agreement are a governmental function.
13
�3.
FORCE MAJEURE
A d�lay nr failure of Fort Workh to perform services pursuant #o this Agreement shaEl be excused
to the extent that the delay or failure to perForm res�lted from a force maj�ure event, ar�d the
delay or failure was beyand tE�e control of Fort Worth and not due ta its fau{t or negfigence. ��
Participating City shall r�ot have, and hereby waives, any claim whatever fior any damages
resulting from delays or failure to per�orm caused by a force majeure e��nt.
14.
TERMINATION
The parties shall each have the right ta t�rminate the Agreement for any reason, with ar withaut
cause, �pon thiriy �30) days written notice to the other party. Upon termination, the parties shall
be released from afl cor�iractual obligations to the otF�er party excluding "USE OF WASTE
DISPOSALIRECYCLING FIRMS FOR HOUSEHOL� HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MATERIALS" {Paragraph 7} and "ARTWORK, "CAPTAIN CRIJD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT'
(Paragraph 11 }.
15.
NOTICE
Any notices required ta be given under this Agre�ment shall be delivered as fo1laws:
If to Fo�k Worth:
Brian Boerner, CHMM, Direcior
Department af Envirflnmental Management
City o# Fart Worth
1000 Throckmarton
Fort Worth, Texas 761 �2
if ta Particiqatina City:
16.
ENTI RETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other
ara! or written commitments shall have any force or effect if nat cantained herein, except that
this Agreemer�t ca� be amended or modified by the pa�ties if such amendme�t or mo�ification is
in writing and signed by Participating City and �ort Worth.
14
�7.
SEVERABIUTY
In the e�ent anyone or more of the provisio�ns contained in this Agr�ement shall for any reason
be held to be Envalid, iliegal, or unenfarceable in any rEspect, such invalidity, illegality, or -�
unenfarceability shall not affect any othar provision thereof and this Agreement shall be
consfrued as if such invalid, illegal, or unenforceable pravisions had never been contained
herein.
18.
VENUE
5hould any aciion, real or asserted, at !aw or in equity, arise aut of the terms ar�d canditions of
this Agreement, venue for said action sl�all be in Tarrant County�, Texas.
19.
AUTHORITY
This Agreement is made for Fort Wor�h and Par�icipating City as an Interlvcal Ag�-eem�nt,
�ursuant to T�xas Government Code, Chapter 791.
20.
AUTH�RIZATION
The �ndersigned afficers andlor agents of the parties hereta are }�roperly authorEzed officials
and ha�e the necessary authority to execute this Agreement on behalf of the parfiies hereta, and
each party hereby certifies to the other that any necessary resolutians extending such authority
have beeri duly passed and are naw in fu1� force and effect.
15
,� �_
EXECUTED IN TRIPLICATE
CI`�'Y OF FQRT 1N�RTH
�,
By:
� l r f �_
--- �, %� �_
L by Wa n
Assistant Ci anager �
Daie: f
APPRQVED AS TO FORM
AND LEGALITY:
A�sis�ant City At#or
A T: �'�
r
,
� � �'� � -
�aria P rson
City S�cre�ary
�J� ! !1 / ��
Cantract authorization
/d -R �~� �l
Date
CITY OF RELLER
By: -
Printed r�ame: Lvl-e �. Dr.es��.
Title: . Citv M�i���z
�ate; �Aug�ust 21, 2001
APpROVED ,�S TO
AND L.EGAl�Y:�.
..,�
City,
ATTEST:
�'y S� fia of e e, T�xas
Shei].a S�Cephen�
� 6 �(��G�BQI �� . i
-0� �� ��'�'��+1�� M
° 4r�'�''Y�IE�"�'".. ,
f r.
Exhi�it "A"
���iOCKIi�(� �1�i 1��� fH� M��IL� CO����`�I�N �iVli
iV�aterial Amouni Restocked � Special Aleeds RemarF�s
55 galfan apen top Amflunt taken off the
drums {open top for trailer
laose packs} .
55 gailon drums Amount taken off the
{closed top) (oi{, trailer
antifre�ze, bulk
flammable materials
and one extra}
Fiber drums (55 ar 30
galfon) Aerasois, Amount taken off the
acids, bases and trailer
oxidizers)
Gaylord box liners
(plastic) Amount taken off the
. trail�r
55 gallo� drum liners
Amount taken aff the
trailer
5 ga{lon bucke#s
(fifterslhaz cF�emicals) Amoun# taCcen off the
trailer
Survey Forms
Amount taken off the
trailer
Labelsldrum placard
Amount taken o�F the
trailer
Gaykard boxes
Amount taken off the
trailer
Absorbent pads
Amount taken aff the
trailer
Vermiculite
Amount taken off the
trailer
Oi� dry
Amount taken off the
trailer
Promot9ar►al Materials
& Brochures Amount needed
17
Exhibit "B"
WAIVER AND RELEASE OF tIAB1LITY FOR COLLECTION O� HOUSEHO�D
HAZARDOUS WASTE
I being the awner of praperty located at
have b�en asked by the C�ty af ta allow a mobile collection
event an my praperty to collect household hazardous was#e on the , 2001.
in consideration of , 1 h�reby give my permission fo the City of
to hald a household hazardous waste collection event an my
properky in which the City af F�as asked the City af Fort Worth
to send its mabile collectian unit to collect the household hazardous waste tF�a� is brought to the
event,
Therefare, in consideration of , I hereby RE�EASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth ar its offic�rs, agents,
and employees and the City of and its o�fficers, agents,
andlor employees far any and.all claims, demands, liability, causes af action, actians or suits of
any eharacter t�at I may have against the City of Fort Wor�h or i#s officers, agents, andlor
employees and the City of or its off'�ers, agents, andlor
employees for any property foss or damage, for any and all personal i�jury including death or
any oiher damage af any kind ar character which may arises or fhat arises from allowing the
City of to hold a househo{d hazardous waste co�lection event, in
which the City of Fort Worth sends its mobile collection unit on my property.
I have read this Waiver and Release and fully understand iis terms and conditions. I have not
been influenced in any extent whatsoever by any representation or staternents not cantai�ed in
this Agreement. I hereby acknowledge that this Waiver and Release is giver� in consideration of
Signature Date
Witness
m
18
�`iiy o,�"�a�i b�v�ih, Texa�s
� �
, � _ � - ;,�� �r. � � � � �
���1`�.��Y �t �� `�� ��
DATE R�FEFiENC� NUMBER �.CfG IGAM� ' . _ _ _ _ _ �I�'�CGE - - - - � - - - -
� piglp� - **�a� g7`�� 52C4LLECTl�N � - - - - - -1 of 2
��g���T APPROVAL OF INTER�OC 1. AGR��M�Ni� �JVITH V�+RIOV511J�UNICfPALITiES F�R
THEIR PARTICIPATIO�J AT THE E�IViRONMENTA� COLLE�CTION CENTER
l�ECOMMENDATION: �
lt is recommended, t�at the City Counci! authoriz� the City Manager ta execUte lnterl�cal Agreements
with various municipalities/entities far their participation at tha Environmental Callection C�nter,
DISGU�SION: r � -
Tf�e City's Enviror�mental Collec#ion Center is now in its fiffh year c�f operatian cat(ecting i�nusehold
haxardous waste from the citizens a� Fo�t Worth and surrounding communities on a year-rour�d basis.
tr� order for nan-Fart Vllorkh citizens to participate at the center, each m�r�icipality is required to en�er
into an lnterloca{ Agre�ment with the City af Fort Warth.
�as# year, 23 area cammunities sign�d participat�on agreemenis wit� fhe City. Far the upcoming year,
we expect that number to rise to 24 comm�nities. The r�te per �ausehold far the perind covered by
fh�se agr�ements {October '1, 20�1, through Septemlaer 30, �OQ2) is $60. It is � an��cipated that
ap�aroximat�ly $3�0,000 will be collected under these agreements.
This agreement aut!'tnes the responsibilities of eac� party, establish�s the rate for participation, and
d�lineates the use of servic�-marked public education material. The City is respansible for ihe overall
operatian af #he eenter, includ�ng c�ntracting with a hazardo�s waste dis�osal company for
transportation and disposal ofi mater�als coliected.
The fallowing entit�es hav� expressed an inte�est or have already committ�d t� participatian far the
p�riod Octaber 'I, 2D01, through September 30, 2002:
Arlingtan*
Benbrook
Everman'�
Grap�vine
Keller
Richland Hills*
Stephenville
Unincarporafed Tarrant Gaunty
Azle
Burleson
Eufess
Haltom City
Newar�
F2�ver Oaks
5outhlake
Venus
Bedford
Colleyvills
Grand Prairie- '
Hurst j
North Richland Hills
Sag�naw
Upper Trinity Regiona! Water
Watauga
*These municipalities are exp�cted #o par�icipate, but have not yet returned their approved agreements.
� DATE
1019101
l SUBJEC7
C'ity o, f'Fo�t �'o�ih9 Texas
�i���� ari� �������
C� ����at�o�
REFERENCE NUMBER - --- � LUU IV1�hA� � ����. . — • F''Avk
**�d� ���'� 52COLLECTION_ `_ _ -2 of 2
APPROVAL OF lNTERLOC L AGREEMtN l 5 1NITN VAhtIUUS MUNICIPAUTIES FQR
THEIR PARTICIPATION AT THE ENVIR�NMENTAL. COL�L.ECTION CENTER
FISCAI. I N FURMATIONICERTIFICATION:
The Finance Director certifles tha# the En�ironmental Mar�agement Depar�ment will be responsible far
the collection and cieposit of funds d�e to the City under these agreements.
L.W:k
�
Submitted for City Manager's
Of�ce by:
Libby Watson
Qrig[nating Depattmenf Head:
Brian Boemer
I FUND I ACCOUNT I
� (to)
R103 �488220
G183
�
8079 � (from)
CENTER I AMOUNS I CITY SECR�TARY
0521100 �
! APPROVED 10/09lO1
,
DATE
'i Qis/o�
suB,�Ec�
C'ity o, f�'o�i Y�'o��i, T'exas
����r �.n� Cou����
Co ����a���n
REFERENC� N4JMBER LUC� NAME PAGE —
�*�,�� �777 � �2COLLECTI4N 3 0� 2
APPROVAL OF INTERLOGNL AGI�EEMENTS W1TH VHKfUU� MUNl�` PALITIES FOR
THEIR PARTIC1PATiON AT THE ENViRONMENTAL COLLECTION CENTER
Additional Infarinatian Contact:
Brian �oerner . 8079 I
' �-
}
�