HomeMy WebLinkAboutContract 27136�;i�'Y S�C�EiR�Y -�: , r,'
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INTERLOCAI. AGREEMEIVT FOR PARTIC1PATiON IN FORT WORTH'S
ENVIRONMENTAL COL�.ECTION CENTER
HOIJSEHOLD HAZARD�US WASTE PROGRAM
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TH15 AGREEMENT is entered into by and between the City vf Far� Wo�#h, Texas, a hom�-r�le
municipal corparatEon situated in Tarrant and Dentan Counties, Texas, hereinafter called "Fort
Wort�," acting hereir� by� and through l.ibby Watson, iis duly au�F�orized Assistant City
Managsr, and ND •�i� Yand HiI1s a municipality situated [t1 �arranr County
Texas, hereinafter cailed "Participating City," acting herein by and t�rough �,�,-,-y, ('.isnnin�i
its duly authorized c�tv ManaQer .
WITNESSETH
WHEREAS, Texas Government Cade, Chapter 791, author9zes the farmulatinn of inter[ocal
cooperation agreements be#+nreen a�d amor�g lacal governments; and
WHEREAS, Texas Govemment Cflde, §791.011 pravides that a local gavernment may cantract
with another to perform governme��al funcfions and services, and §79�.403�3}{H) ciefines waste
disposa! as a go�ernmental f�nction and se�vice; and
WHEREAS, Texas Gavernment Code, §791.025 provides that a lacal government may agr��
with another local goverr�ment to purchase services; and
WHEREAS, Fort Worth and Pariicipating City desire to enter �nto an interlocal agreemenf
whereby �'art Warth will purchase the services of a waste disposallrecyclir�g firm or �rms and
will administ�r a household hazardous waste coltection program; and
WHEREAS, Fo� Work� and Participat�ng City mutually desire to be subject tQ ihe provisions of
Texas Government Code, Chapter 791, �iso knawn as the Interloca! Cooperation Act.
N�W THER�FORE, it is agreed as �o[lows:
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DEFENITIONS
A. lJnless a prov9sion in #Y�is Agreement explicitly states otherwise, the following terms and
phrases, as used in this Agreement, shalf have tne mea�ings hereinaft�r designated.
Act of God means an act occasianed by tF�e direct, immediate, and exclusive operation
af the farces of r�ature, uncontrolled ar uninfiuenced by the �ower of humans and without
human intervention.
B9ll of Ladinq lists the contents� of the mobile collectEon unit.
�nv9ronmenta) Collection Center (ECC� means the City of Fort Worth Deparkment of
Environmental Management facility focated at 640� Bridge Street, Fort Wor#h, Texas,
which is to be used by Fort Wark� fior the aggregatinn of household hazardous wastes
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that have been brought to the faciiity by participating cities' households %r subsequent
recycli�g, dis�osal, and/or reuse.
En�ironmen#al damaaes means all claims, judgments, damages, Ivsses, penalties, fines,
liabilities (including strict fiability), encurnbrances, lie�s, costs, and expenses of
invesiigati�n and defense af any claim, whether or not such claim is ultimately defeafed,
and of any gaod faith s�ttlement or judgment, of whaiever kinci or nature, contingent or
otherwise, matured ar unmat�red, far�seeable or unforeseeable, including without
limitation reasa�a�le attomey's fees and d�sbursements and consultant's fees, any of
which are incurred subsequent ta the execution of this Agreement as a result of ihe
hand[ing, collection, transportation, storage, disposaf, treatm�nt, recovery, andlor re�se
of waste �ursuant to this Agreement, �r the existence of a violation of en�ironmental
requirem�nts pertain�ng to same, and ine{uding without fimitakian:
(aj Damages for persona{ injury and death, or injury to pro�erty or natural resources;
(b} Fe�s incurred for the servic�s af attarneys, consultants, contractors, experts,
labaratories and all ather �osts incurred in connection with the inv�stigat�on or
remediation of suc1� wastes or violatian af environmentai regu9rements inclu�ing,
but not limited to, the preparation of any feasibilit�+ studi�s or reports or the
per�ormance of any cleanup, remediakion, removal, response, a�atement,
conta�nment, clasure, restaration ar monitaring worlc required by any federal,
state or local governmental agency ar pv�itical su�divisio�n, or otnerwise
expended in connection with the existence of such wastes or violatior�s ofi
environmental requirements, and includ9ng without lirr�itation any attorney's fees,
casts and expenses incurred in enforcing this Agreement or callecting any sums
due hereunder; and
(c) Liabil€ty ta any third person or gavernment�l agency to indemnify such person or
agenc�l for casts expended in cannection with the items referenced in
subparagraph {b) here�n.
Environmental reQuirements means afl a�aplicable �resent and fiuture statutes,
reguiatians, rules, ordinances, codes, licenses, permits, arders, approvals, plans,
authorizations, concessions, franchises, and sim�kar items, of a[lgovernm�ntal agencies,
depar�ments, cammissions, boards, bureaus, or instrumentalities ofi the �nited States,
states, and political subdivisions theretif and all applicable judicial, adm�nistrative, and
regulatary decreEs, judgm��ts, and orders relating to the protection af human health or
ih� environme�t, incEuding without fimitation:
(a} All requirements, including but not iimiied to those pertaining to reparting,
1Pc�nsing, permittir�g, investigativn, and remadiation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants,
contaminants, or hazarddus or taxic substances, materiaCs, or wastes whether
saEid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm
wat�r, or lan�, ar relating to the manufacture, p�ocessing, distribution, use,
t�eatment, storag�, disposal, transpart, or handiing of pollutants, contaminants, or
hazardous ar toxic substances, materia[s, or wastes, whether solid, fiquid, or
gaseous in nature; and
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{b) All requir�ments pertaining to the protection of the health and safety of
employees ar the public.
Farce maieure means decrees of ar restraints by a governmentai instrumentaiity, acts �f
Gad, work stoppages due to labor disputes or strikes, failure of For� Warth's -�
contractor(s) to perfo�m pursuant fo their agreements witn Fort Wart}� for tF�e conduct af
the collection of F�ousehald hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Hausehoad hazardous waste iHHW) means any solid waste generated ir� a household by
a consumer which, except for t�e exclUsion provided far in 40 CFR § 261.4(b}(1), would
be classified as a hazardaus waste under �40 C�R Part 26�.
Manifest means the uniform F�azardous waste manifest form(s) furnished by the TNRCC
to aecom�any shipments of municipal hazardo�s waste or Class 1 industrial solid wasfe
fiar waste transported to a s�te in Texas, or the camparable manifest of the receiving
state if the waste is transported aut of Texas.
Mobile coNectian event means a hous�hold hazardous waste collection event �y
Participating City utilizing a mobile collection vnit.
Fort Worth Mobife collection unit f MCU) means a nan-self-}�ro�elled vehicle used far the
periodic collectian of F�ousehald hazardous waste �y Participating City, off site of ihe
ECC, whic� is transported to the ECC to dispase af the hous�hold hazardous waste
collected at the mobile collection event. The Fort Worth Mobile Coll�ction U�it is
designed to hold the hazardnus waste �f approximately 50 to 7� households.
ParticiQatina Cities, when used in the plural, means Fo�t Warth, Participafir�g City, and all
ather enfi#ies which have entered into inferloca! agreements wifh Fort Worth far the ECC
household hazardous waste col�ectian program.
Person means an individual, corporafron, arganizaifon, govemment, or governrr3ental
subdivision ar agency, business trust, par�nership, assaciation, or any other I�ga! entiiy.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health
and Safety Code §361.003, and induding hazardous s�bstances.
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B. Unless a provisia� in this Agreem�nt expEicikly states otherwise, the �ollowing
abb�eviations, as used in this Agreement, sF�al! have the meanings hereina�ter
designated.
CERCLA , Comprehensive Environmental Response, Gompensatian, and Liability Act.
CPR - cardiopulmanary resuscitation.
DOT - United States �epartment of Transportatfon.
ECC - Environmental Collection Cenier.
EPA - United States Environmer�tal Protectian Ageney.
HAZCAT - hazardous categorization.
HAZW�PER - hazardous waste operations and eme�gency response. -�
HM - hazardaus materiais.
HHW - houseF�old hazar�ious wast�.
MCU - Mobile Colleetinn LJnit.
2.
PURPOSE
The purpase of this interlocal agreement (hereaffier "Agre�ment"} is the provisian of services by
Fort Worth to Par�ieipating City whereby, subject to the terms and conditions specified below,
Fort Warih wifl admin9sfer and supervise a regi�nai ho�sehold hazardous waste colleciian
program, which will be avai{able to househ�lds within Participating Gity.
3.
TERM
T�is Agreement shall be �ffective f�om the date the last �ar�y �as signed this agreement
thra�gf� Septe�nber 30, 2Q02.
4.
SERVICES OF FORT W�RTH
Fort War�h agrees to per�orm ttre follawing services for Par�icipating City in connection with the
ECC hausehold hazardaus waste cvllection program:
A. Fart Worth will administer a regiona! household hazardous waste colfection program.
This program wif! include the �pe�ation of the E�vironmental Ca11ec#ion Center, which
will accept for disposal andlar recycling hausef�old hazardous waste fram householc4s
lacated within Participat9ng C9ty, Fort Worih shall not accept compressed f�ammable gas
cantainers; radiaacti�e materials; explosives or potentially shock sansitive materials;
biological, etioiogic, and infectious materials; wastes from bu�inesses; a�d any afher
wastes that Fort Worth has determined are t�nacceptable.
B. �ort Worth will employ or retain personnei ta provide the services necessary to perForm
F�rt Worth's obligatiorts in this Agr�ement.
C. Fort Worth wi�1 enter inta a contract{s) wEth waste disposallrecycling firm(s) for the
handling, collect�on, transpartatian, stoc'age, disposal, treatment, recflvery, andlor reuse
of househ�ld hazardaus waste, which is collected at the ECC.
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D. �ort Warth will, i# r�quested in writing by Pa�ticipating City, provide Participating City with
copies of waste manif�sts for shipments o# waste from the ECC.
E. Fort Worih will, if requested in wriiing by Parkicipating Ciiy, provide Parficipating City a
monthfy re�ort af the Pariicipating City's households wY�o disposed of household
hazardous waste a# the Environment�l Collectian Center ar a Mabil� CollectEon Event. •�
F. F�rt Warth wi11 issue a repart and a�ill at the end of each quarter detaiiing the number of
Parkicipaking Cify's households that disposed of hausehold hazardous waste at ihe
Environmental Collectian Center or at a mobile coflection ev�nt.
G. For� Warth will ac� u�der this Agreement ir� accardance with all appficable state and
federal laws.
H. Nar�-Fort Worth Mobile Col�ectian Unit
1. F'ort Worth agrees ta accept hausehald hazardous waste from Par�icipating City's
MCU in accordance with Section 5, of this agreement.
Z. Fort Worth agrees to res#ock #he items it removes from Participatir�g City'sMCU,
however, Fort Worth s1�a11 only restack items listed in Exhibit "A", attacned and
incarparated herein as if set fartt�.
Mo�ile Collectian �vents —Usinq Fori Worth's Unit
1. lf Pa�icipating City would like to schedule a mol�ile callection e�ent with
the Fort Worth Mobile CoElection Unit, Fort Worth wili send Par�icipating
City a list of available dates. Participating City will contact For� Warth as
soor� as possible to schedule the date, time and location agreeable to
both parties.
(a) Location
Ifi Participat9ng City chaoses to hald the �obile Collection Event on
private property, Partici�ating City sha�l obtain a signed waiver
from tl�e owner of the property 1 we�k priar to the event. The
waiver sha[I �e i� the farm af Exhibit B or similar form appraved by
Fort Worth. TF�� signed waiver must be sent to Fort Worth 1 week
before the Mobile Collection Event. � If the signed waiver is nat ser�t
to Fort Worth 1 week before t�� Mobile Colfection Event, Fart
Workf� will not send the Fort Wor�h Mobile Coflection Unit io #he
event and Participating City will, in no event, be entitied t� any
damages of re�overy of any costs, except as provided herein.
(b) Available �ates
Participating Cit}� acknowiedges tha� I�ort Warth contracts with
ather municEpalities and that Fort Worth will be accommodating
each Participating City's request on a frst come first served basis.
Therefore, Parkici}�atir�g Gity acknowledges that its chosen date to
schedule a mobile collection event may be reserved by another
City and Participating City will have to choose anoiher date.
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Participating City wiN, in no event, �e entitled to any damages ar
recovery of any costs, except as pravided herein.
2. At the Mobife Collection Event, Participating City acitnowledges and agrees that
�ort Worth shafl accept househald hazardous waste fram the first 50 nousehalds
thai show �raof af residency at the Mobile Callection Event. Affie� the first 50 -�
h�uset�olds, Fart Wor#h will determine in its. safe discretion t�flw much mare
waste it can accepfi a�d store properly. lf ma�e Mouseholds a�ri�e at the event
than Fort Worih can accept, Participsting City will in na e�ent be entitled to any
damage of recavery af any cos#s, except as provided herein.
3. Due to the iack of storage space at the ECC, Partirapating Ciiy acknawledges
and agre�s ihat if it requests the Fort Worth Mobile Collectio� Unit at a mobile
callection event, a Participating Ciky's Nan-Fork Worth Mo���e Gollection Unit shall
not also be at the event.
4. City, 9n its sole discretion, wi11 �etermine whether to send the Fork Worth Mahile
Golleciian Unit to Partieipating City's Coll�ction E�ent �uring adverse weather or
the thr�af af adverse weather including but not limited to sleet, snow, rain, mist or
haii. In the event Fort Worth determines not ta send the Fnrt Wa�#h Mabile
Co1[ectian Unii, Fort Wor#h sY�all natify persons listed in Section 5, Par�graph A
and shall send a�o�f Worth employee to tt�e Participating City's event to teli any
residents that came to dispose of househald hazardous waste; 1 j that t�e Fart
Warth Mobile Collection Unit will not be caming ta the event, and, 2) that the
resident can ga to the ECC ta dispose of the waste a�d provide a map ta th�
ECC.
5.
�UTiES OF PARTICIPATING CITY
Participating Cify agrees to perform the fallawing duiies in connection with the household
hazardous waste collectian pragram:
A. Participatir�g City wilf designate ane af its emplaye�s, and another as an alternate, to act
as its i�ausehold hazardaus waste callec#ior� caorcfinator to interact witn Frart Worth.
Designated �erson is: ��bb3e York telephone number: s�.7 427-665i
Pager numb�r or 24-hour number where he or she can be reached: 817_425-7489
Aiternate persan is Pam Buxney telept�one number: 81� 42�-65�5
Pager number or 2�4-hour n�mber where }�e or she can be reached: 8�� 452-7640
B. Participating City will coordinate and fund a4 pragram advert9sing targeied ta its own
citizens, as it deems necessary. Such advertising shalf include the type of wastes that
wi{I be accept�d at the ECC, the requirement of proof af residency and weather
cancellation informati�n.
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C. Participating City shall notifj+ its residents of th� ECC hours of operation and dates it is
closed as pro�ided i� Section 9"TF�e Enviror�mental Gollectian Center Hours of
Operation."
D. Participating City may choose fio utilize a voucher system far its residen#s in order for
�them to bring HHW to the �CC. ff Participating City choases ta use suc#� a system, it -�
shafE notify Fo�t Worth of the decisiar�, and shap pravide Fort Worth with a co�y �t the
official voucher. �n additron, if a citizen from a Participating Gity that utilizes a vtiucher
system comes to the ECC or a mobile colleetion event without a voucher, Pa�ticipating
City acknawledges and agrees that Fort Wo�h will not accept the household hazardous
waste until Participating City authorizes the acr,eptance in writing.
E. Partici�ating City may submit a written req�est for a monthly report listing the number of
its city's h�useholds tna� have disposed of household hazardous waste at the ECC ar a
mabile col�ectian event.
F. Participating City shalf �rovide traffic control and signage for the mobile collection
ever�ts, and shall provide pe�sanne! to assist Fart Warth with the survey and scr�eni�g
af persans drapping off household f�azardous waste. The parties prior ta the event shall
agree upon the details of the traffic control, signa�e, and personnel assistance.
G. Partici�atinq CitY's Mobile Cal�ectior� lJnits Collectinc� Household Ha�ardous Waste
1. Participating City shall advise the ECG �rogram manager at least 72 hours in
advance ofi its mobile co�lection events. Participating City shalf collect aniy HHW
during a mabile collection event. Wast�s from comn-�ercial, agricuitural, and
industr�al sources shall not be accepted. Participating City shall r�ot accept
compressed flammable gas containers; radioactive materials; explosives ar
potentially shock sensitive ma#erials; biological, etiologic, and infectious
materials; and any other wastes that Fart Wor�h has determined are
unacceptable.
Z. ln accardance with the latest DOT requirements, Pa�ici�ating City's MCU
operatars wilf properly categorize, package, mark, �abel, and load into the MCIJ,
all wastes received at the mabile collection event. Recyclable products (used oil,
used oil fiifers, latex paint, recyciable ar�ti-freeze, �ead-acid batteries, a�nd
#luarescent li�hts} wil! be se�r�gated into cantainers fflr recyclables.
3. After accepting wastes, Participating Gity's MCU aperators shall thoraughly
check each container for proper iabeling and identificat�on. If a container is
praperly identi�ed, the materia! will be segregated a�cording to hazard class and
Qrepared for packaging. lf a cantain�r does not have adequate la}�eiing ta �aermit
identifcation, the MCU o�eraiors shall then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the house�old presenfing th� waste.
4. TF�e Par�icEpafin� City's MCU ope�ators shall package al1 hazardous materials in
accordance with llnite�i States Departm�nt of Transpar#ation (DOT)
re�uirements, United 5tates Environme�tal Protection Agency (EPA)
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requirements, and a11 other a�glicable federal and state requirements. A�ter all
the wastes ha�e been properiy identified and segregated, the MC� operators v+�ill
reexamine the wastes for compatibility, list them on fihe container content sheefs,
artd pack them into drums. Oil-based paints and latex paints shall be �ulked
separately in 55-gallon dr�ms, or if the paint is feft in its containe�, the paint can
be pack�d in a lined cubic yarc� box, and packed and labeled according ta federal -�
and state regulati�ns. Participating Gity shail not transpor� waste that is nat HHW
to the ECC, Participating City agrees to make Its own arrangements ta dis�ose of
any non-MHW waste collected at the eveni.
5. PEior ta transporting the HHW from tf�e colfectiQn event site(s), P�rticipating City's
MCU operators shall complete a Bill o# Lading, and sF�all keep #he Bifl af Lading
in the cab of the truck hauling the MCU during transpartation af the HHW to the
ECC. Pa�ticipaking City shall reqt�ire that a minimum of one copy af the fatest
North American Emergertcy Response Guidebook be kept within the ca6 of the
truck.
6. �uring transportation, Participating City's MCU op�rators sha�l placard the MCII
for transportation of hazardvus waste in aceordance with f�deral and sfate faw.
7. Upon the return af ihe MCII to the ECC, Participating City's MCU operatars sf�all
foilaw the instructions�ofi Fort Worth regarding the placement of the MGU for
unloading. Forf Worth sha�l take �ossession af the MCU from Participating City
after the MCU has been properly parked for unloading in accordance with Far�
V11orth's instructions and all required documer�is have been delivered to the ECC
program manager or his designe� at the ECC. Fort Worth shall, wiihin a
reasonable amour�t of time, unload the HHW from the non-Fort Wor�F� MCU and
stor� the HHW at the E�C.
8. If Fort Wa�fih, in its sole discretion, determines that Participating City's MCU
operatars improperly packaged any of the HHW defivered to the ECC, Fort Wort�
shall repackage such waste, and Participating City shall reimbu�se Fort Worth as
set fortn ir� 5ectivn i0., ParagrapF� B,
9, lf a spill occurs at the ECC while fhe MCU is still in Particfpating Ciry's
gossession, Fort Wortn sha11 take control of the spill res�onse anci Participating
City will reimb�rse Fo� Wor#1� for its response costs as set forth in Seciion �0.,
Paragrap� C.
6.
USE OF WASTE DISPOSAVRECYCLING FIRMS F'OR HO�SEHO�D HAZARD4US 11VASTE
A. Fort Worth wili �nter into a c��tract(s) w9th wasfe disposallrecyclir�g firm(s} far the
handling, colle�tion, transpartation, starage, disposal, treatme�t, recovery, andlor re�se
ofi househald hazardous waste, whieh is colleeted at the ECC.
B. S�ch firm(s} sha1� be requi�ed pursuant to the cmtract(s) to a�sume generator status far
the waste coliected, {excluding used oil, lead�acid bat�eries and antifreeze} to cf�oose a
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disposal site for the waste subject io Fort Warth's a�proval, and �o indemni�y Fart Warth
and par�icipating cities against any and all environmental damages and the �iolation af
any and aIl environmental requirements resulting from the handling, collection,
transpflrtation, storage, dispasal, treatment, recov�ry, andlor recycling of waste collected
p�rsuant to this agre�meni, when said envTronmental damages or the violation of said
envirnnmental requirements was the result of any act or omission of contractor, its -
o�cers, agents, emplayees, or subcontractors, or the joint act or omission o# contractor,
its officers, agents, employees, or subcontractors and any ather person or entify.
C. TH� �A►Ri'I�S R�COGNIZ� iHA� A�i�IOUGb iWE �1RM (5) 1dVlLL �� R�QIJIR��
i0 �,SSUM� G�N�RATOR SiAiVS, i�i[S ASSUl�il4�ilON 1li11L� fV�i RELI�V�
�ARTICI�AiIf�G CIiY �� �[A�ILIiY �O� iHG WAST� UN��R �ED��� �4W
�►ND S�A�'� �/�W. Fort Wa�th wilf arrange for recycling vendors for used ail, batte�-ies,
antifreeze, anci other materials, as it deems appropriate. .
7.
REUSE OF C��LECTED MATERIALS
A. From time-to-time �'ort Worth will make available to residents and businesses af Fort
Worth, as well as, Pariicipating City and residents and businesses of Participating City
for their use, collected household hazardous waste materials that are suitab[e for reuse,
such as �aint, �'erkilizer, motor oil, and antifreeze. Fort Worih shall not charge for any
materials that are picked up far rEuse.
B, 5ome materials made availab[e for r�use may have been consfllidated and fltered by
Fork Worth prior to being made available. Used antifreeze will have been consolidated in
a barrel, �ltered, and pH bafanced, and r�ew anf�freeze may i�a�e been added to the
barrei.
C. ln regards to maferials accep#ed by Par�icipating City, FORT WOR�H 11�AKI�S i�0
REPRESEN�'ATIONS, WARRAN�IES OR G�ARAN�[�5 THAT:
1. the container contents are what the labe! indicates;
2, tF�� container contents are those ariginally pfaced into tt�e container by the
manufacturer;
3. tf�e produci is of the q�aliiy intended for i#s use;
4. the cantents flf the contai�er have been stored properly;
5� the insfructions an the confainer label for use, starage, and first aid are current or
correct;
6, the container is in unlmpaired condition;
7. the product is still approved for �se (i.e.. it has not been banned or recalled); and
8. the prod�ct can 6� used without risk to persons, property or the envi�anment.
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I�U�YH�RMOR�, A�� 1�VA1��ANiI�S, �XP��SS AP1I� 1MW�.I1�D, AR�
SP�C1FiCALLY ��NfCD.
D. Participating City shall contact the ECC program manager to arrange a pickup time to
obtain mata�ials. Parkicipating City agrees �hat it shall not return taFort Worth, �irectly or -�
indirectly, any materials it o�tains from �ort Workh �r�der this pafagraph.
E. IN R�CA��� i� NI�4T�RI�.LS ACC�Pi�D �Y PARTICiP�o�1NC C1TY,
P�►RYIC1P/�iINC Cl`�Y D01�S H�R��Y WAN� A��, CLAifVlS, IAICLU�IP1(9
P�OQUC7S �.IAB�l�IiY GLAliVlS, AiVD REL��►S�S, AND HO��S b�►RiiflL�SS ib�
C1TY OF �0�� WORTH, AP1D ,4LL O� IiS C}�F1CIAl,S, ���IC�RS, �N����YE�S,
ACE,NTS, AA[9 VOLI]NT�FFtS, IiV BOTH 7HE�R Pll�L[C I�AID PI�IVA��
CA�ACI;f1ES, �R�M ANY AND ALL L[A�1L17Y, CLAIMSy 5lJl�'S, �}�tiAANDS,
�XPENSES OF LITIGATION, OR CAUSES OF ACTiON WH1CH IViAY ARlSE �Y
RE�#SON OF IN.lIJRY TO P�RSONS, L05S OF PF�OP�RTY, C]�►MAGE TO
PF�QPERYY, OR L05S O� CJS� O� �►NY PROPERTY , OCCASI�R��D �Y �H�
TRANS�ORiAT10N, STOF�AG�, HANDLING, iJSE, AND i�IS�OSA�, �Y
pARiICIP�►�iNG C1TY O� ANY MA��R1�1L.S ACC�PI"�D gY PARi�CIPATlNG CiiY
UNC7�R iH[S AGR��MENi �ROM FORi WORiW.
F. In regards to materials accepted by residents or busin�sses of Participating Cities,
FQR� W�RTirM MAK�S NO R�PRFSFNTLI�IONS, WARRAiVTI�S OR CUAF�►MYI�S
�MAi":
1. the container contents are wnat the label indicates;
2. the cantainer contents are thos� originaliy placed into the cantainer by the
manufacturer;
3. the product is of the quality intended for its use;
4, the contents of th� container have been stored properly;
5. the 9nstructions on the container Eabel for use, storage, and first aid are current or
correct;
6. the cflr�tainer is in unimpaired condition;
7. the praduct is still approved for use {i.e., it f�as not been banrted or recalled}; and
8. the product can be used without r9sk to persans, property or the envirortment.
FUR�'�1€Rf'�0��, ALL WARRAN�l�S, EX�R�SS �+ND I�i111PLf�Q, ARE
SP�CI�ICA�LY D�f�l��.
G. Participating City sF�all attempt to 9nform its residents and businesses that if they go �a
tE�e Environmental Collection Center ta picfc u� househoid hazardous waste for r�use, a
release o� liability must be signed to accept the hausehald hazardous waste fflr reuse.
10
8.
RIGHT TO REFIJSE WASTE
Participating City agrees fihat Fort Worth shall have the right to refuse to accepi waste at the
ECC from Par�icipa#ing City's residant and fio eject such individual from the premises of the
ECC, if in the reasanable judgment of Fort Worit�:
A. The waste is not househald hazardaus waste;
B. The waste fails to meet other established criteeia established by this Agreement, or that
have been established by Fort Worth subsequent to the execution of the Agreement;
G. The individ�al does not have sufficient id�ntification to establish that hefshe is in fact a
resident of Participating City;
D. Participating City has implem�nted a voucher systiem for its residents to dispas� of
vUaste, and the individual does not have a valid vaucher; or
E. The waste or th� individual preser�ts a hazard to the ECC ar to persons vr property at
th� ECC.
9.
ENVIRONMENTAL COL�ECTION CENTER HOURS AND DAYS
OF OP�RATION
A. Hours af Operatian
During the term af the agreement, the ECC's hours of aperation are as follows:
Thursday and Friday 11 :00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m.
B. Days the �nvironm�ntal Collection Center will be closed
During the term of the agreemen#, the ECC will be closed on the fol{awing days:
Thanksgiving Holiday, Navember 22 -23, 2�01
Christmas Holiday, December 2�4- 25, 2001
Decemb�r 30, 2001 through January 11, 2002, for cleanup and repairs
M.L.K. Da� January 21, 2402
Memorial Day, May 27, 2002
Ind�pendence Day, July 4, 20Q2
Labor Day, 5eptember 2, 2002
C. Notifying Residents
Participating City agrees to noiify its res9dents of the ECC's hours ofi operation and dates it will
be closed. Participating City may advertise the 2�4-hour Environmental Co[lection Genter
11
tefephane number tfl g9ve its residents the En�EronmentaE Collection Center's haurs. The
number is: (817} 671-5257.
10.
C4MPENSATION
As fair compensation for the services pravided by Fort Warth pursuant to ths agreement:
A. Participating City agrees to pay Fort Warth the sum of $6�.OQ p�r household per visit to
the ECC ar per househo�d #or participakion in a Mobile CoHection Event to dispose of
household hazardous waste.
B. If Fort Worth determines #Y�at Participating City's MCU opera#ors improperly packaged
any of the HHW d�livered to ti�e ECC, Fort Worth shall repackage such waste, and
Participating City shall reimb�rse Fort Worth fiar it s#aff ti�ne at $20.OQ ar� hour and fhe
cvst af supp[ies.
C. lf a spill occurs at the ECC while the Non- Fort Wor�h MCU is still in Pariicipating City`s
possession, Fort Worth shall take control of ff�e spill respanse and Participating City will
reimburse Fort Wor�h for its respo�se casts of $60.00 per hour staff tim� and the cost of
supplies. �
D. The amaunt due ta Fort Worth for services prov�ded under ihis Secfion, Paragraphs A,
B, and C, shafl be bil4ed ta Participating City quarterly. Participating City shall pay Fort
Worth within 30 days of receiving a bill #ram FQrE Wor�h. if For� Warth does not recei�e
payment within 30 days, �'ort Worth shal{ inform Parkici�ating City �n writing thai i� will not
accept any household hazardous waste from Par�icipating City's residents and that Fort
War�h will not par�ici�ate i� a mobile callec�ion event or pravide a mobile collection unit
until paid. �
E. At the end of the ierm of this Agreement, Fort Worth sha�l provide a final accounting ta
Participating City, wYtich will incl�de ihe tatal number of Par�icipating City"s households
which pariicipate� in the program, repackaging fees, if any, and tne total cost ofi spill
response charged� to Participating Gity, if any.
F. P�rsuant to fhe requ9rements of Gavernment Co�e §791.011 (a}(3}, the amount due to
Fork Worth under Subparagraph D. above sha�! be paid from revenues currently
available to Participating City in the present fiscal year.
���
11. .
ARTW�RK, "CAPTAIN CRUD AND THE CRUDDEES," AND PROMOTIONAL MA7ERIALS
LICENSE AGREEMENT
�ort Worth is the owner of "Captain Crud" and th� C�uddies ("�Ioomer," "Qfta," "Pestie,
"Scrub," and "'Van Goo") "Conqt�er Your Crud," and "Crud Cruiser", and ther�fore all -
vwnershi� rights belong to �ort Work�. Fort Worth has reg9stered these marks as s�rvice marks
witf� the Secretary of State.
A. �ort Worih hereby grants to Partici�ating City a non�transferable, non-exclusive license
to use al! the arkwork and promotional materiaEs that may be provided by Fort Wor�h tv
be used sa[ely in the conduct of the business oi Participating City's disposal and
recycling of household hazardous waste programs. 1f Participating Cit}I wishes to use ia
Licensed A�t andlar Promational Materials in other Eimited situatians, Participating City
must frst obtain express written eonsent from Fort Warth.
B. Fort Worth may provide licensed Artwork and Promotional Materials ko Parkic9pating City
pursuant to the terms of this Agreemenf. Participating Cify acknowledges that by virt�te
of ihis License, Participating City acq�ir�s only the right tQ use the original and permitted
dt��licate copi�s c�f the Licensed Artwark and Promotior�al Materials and does nat
acquire any rights nf ownersMip in the l.icensed Artwork and Promotiar�al Materials,
which rig�ts shall remafn excl�sively with For� Worth. If Participating City wants to modify
or change the artwork andlor promntional materials in any manner, Parkicipating City
hereby a�rees to cantact Fort Worth in writing to obtain written consent before modifying
or changing any artwark andlar �romational materials. .
C. lf Par#ieipating City desires ar� actor to portray "Captain Crud" for an event, Participating
City shall u�e actors approved by �ort Worth to portray "Captain Crud" since "Captain
Crud" is awned by Fo�t Worth. Participat�ng City shall be solely responsible for
comp�nsating acior for the services providet� ta Participating City. Participating City will
contact Fart Worth as soan as possible witf� the date and time of the event agreeable to
both part9es to obtai�r approval far the chasen actar and ta request and p�cicup the
"Captain Crud" castume for its events. Fort Warkh will pravide the "Ca}�ta�n Crud"
costume. Hawever, Participating City agrees ta be IiabEe to Fort 1North for any damage to
the cos�ume or if Participating City fails to return t�e entire costume ta Fort Worth or if
the e�stume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understaod and agreed that, in the executian of th9s Agr�ement, non� of the
participating ci#9es waives, nor shaU be hereby deemed to waive, any immunity or defense that
would nfherwise ne avaifable to it against claims arising in the exercise of gavernmental powe�s
and f�nciions, and that the services described i� t�is Agreement are a governmenta! functian.
13
�
13.
FORCE MAJEURE
A delay �r failure af Fort Worth ta perform services pursuant ka this Agreement shail be excused
to the extent thak the delay or fiailure t� perform resulted from a force majeure event, and tF�e
delay ar failure was beyond the control af Fort Worth and not due ta its fault or negligence. '�
Participating Ci#y shail not have, and hereby waives, any claim whatever for any damages
resulting from delays or failure to pertarm caused by a rtorce majeure event.
14.
TERMINATION
The parties shall each have the right to terminate the Agreement'For any reason, with or wit�aut
ca�s�, upon thirty {30) days written not9ce to the other party. U�o� termination, the parties sl�all
be released from all contractual obligations to the other party exci�ding "USE OF WASTE
DISPOSAVRECYCLING FIRMS �'OR HOUSEHOLD HAZARDQ�S WAST�" (Paragraph 6)
"REUSE QF CO�LEGTED MATERlALS" (paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTI4NAL ft�]ATERIALS LICENSE AGREEMENT'
(Pa�agraph 19 ).
15.
NOTICE
Any notices required to b� given under this Agreement shafl be delivered as follows:
If ta Fort Worth:
Brian Boerner, CHMM, Directar
Deparimeni of Enviranmental Ma�ag�rnent
City of �ort Worth
10a0 Throckmorton
Fort Wnrth, Texas 78102
If ta Participstina City;
pam Burney, Environmental Services Director
City of Norrh Richland Hills
I'LUU C Dick Fisher Dr. S.
�JortC► K1cril.and Hills, TX 761$U
� �.
ENTIRETY
This Agreement contains a[I cammitments and Agreements of the parties her�to, and no other
ora! or written commitments shall have any force or Effect if not contained herein, except that
this Agreement can be amended or modifisd by the parties if suct� amendment �r mo�ificatian is
ir� writin� and signed by Partici�ating City and Fort Worth.
14
'{ 7.
SEVERABILITY
in the event anya�e ar more of the provisions contained in this Agre�ment shall for any reason
be held to be invalid, illegal, or uner�farceable in any respect, such invafidity, iliegality, or -
unenfarceability shall not affect any vther pravisior� thereof and this Agreement shall be
canstrued as if sucF� invalid, illegal, or unenforceable provisions had never been cvntained
herein.
18.
VENU�
5hauld any action, real ar asserted, at law ar in equity, ari�e out of the terms and conditions af
ihis Agreement, v�nue for said action shall be in Tarrant County, Texas.
19.
AUTHORITY
This Agreement is made for �ort Warth and Participafiing City as an Inter[ocal Agreement,
pursuant to Texas Government Code, Chapter 791.
20.
AUTHORIZ,4TION
The� undersigned officers ar�dlor agenis of the parties her�to are properly authorized officials
and have the necessary authori�y to execute this Agreement on behalf of tF�e �arkies hereta, and
each party hereby cer�ifies ta ihe ather that any necessary resolutiar�s extending such autnority
have been duly �assed and are naw in ful� fnrce and effect.
15
�
�XECUTED IN TRiPLfCATE
CITY OF FORT W�RTH
r', .
By; ,'��. �� -�
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r .
4.►�// / � '�� �r€
/(�/ / i ��lr
- • WS1
Libby Watsar4�
Assisiant Ci � M nager
D�te: �'a�'; � r
!
APPROVED AS TO FORM
AND LEGALITY:
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a
,�,x`r�sT: . �',
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,,` � 1 , � ,a�.dl�
loria e�on
Gify Sec�iary
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Contract auti�orization
a /9%�
�
Date
By: •
�
Prin�ed n e. _ �rr�� �� (rGrnnrn�rtiGrye
City Mana er � `
Date: �' ��' �l
APPROVED AS TO FORM
AND LEGA�: / � -
�~
�
r , _ �
ify At�ney
ATTEST:
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L�'%��� ``�
City Secrefary ; � ��,�
16
��.��t� F,�.
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= �¢ ��
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_��—�—�—_�--
Exhib+t "A"
C�f��TO�K[hIG LISi FOR TW� ���{L� �OLL�CilO[� �IVI�
lVla4�rial � Amnunt Resiocked Special Pleeds � Remar�ts
55 gallon open tap Amount ta[cen off the
drums (open top far trailer
loose packs) .
55 gallon drums Amo�nt tafCen aff the
(c[osed top} (oi1, trailer
antifreeze, b�lk
fla�nmabf� materials
and ane extra)
Fibar drums (55 or 3D
gallon) Aerosols, Amount taken off the
acids, bases and trailer
oxidizers}
Gaylord box liners
(plastic} Amaunt taken off the
trailer
55 gallan drum li�ers
Amou�t taken off the
trailer
5 gallon buckets
{flterslhaz chemicals) Amflunt taken.off t�e
trailer
Survey Forms
Amount taken off the
irail�r
l�abeisldrum placard
Amount taken off the
trailer
Gaylord bnxes
Amaunt taken off the
trai[er
A�sorbent pads
Amou�t iaken off the
trailer
Vermicu�ite
Amount tak�n off tF�e
trailer
Oil dry
Amount taken off the
trailer
Promotianal Materials
& Brochures Amount ne�ded _
'i 7
Exhibit "B"
WAIVER AND RELEASE OF L.IABILITY F�R COLLECTI�N OF HOIJSEHOLD
HAZARDOUS WASTE
I b�ir�g tF�e owner of praperty focated at ,
have been asked by the City of to allow a mobile collec#ion
event on my properky to collect hflusehold hazardous waste on the , 2�fl� .
ln cansidera#ion of , I hereby give my permis�ion to the City of
property in w�ich the City of
to send its mobile callectio�
event.
to hald a household hazardous waste collectian event on my
has asked the City of Fort Wort.h
unit to collect the househald hazardous waste that is broughf ta the
Th�r�fore, in consideration af , I hereby RE�EASE,
DISCHARGE, HO�D HARMLESS, INDEMNIFY the City of Fort Worth ar its o�ficers, agents,
and employees and the City of and its afficers, agents,
andlor emp[oyees fior any and all c[aims, demands, liability, causes of action, actians or suits af
any character that I may have against the City af Fort Workh ar its officers, agents, andlor
employses and the City of or its offic�rs, agents, andlor
employees far any pro�erty loss or damage, for any and a11 personal injury including deafh or
any oti�er damage of any kind or character rrvhich may arises or that arises from allawing the
City of to hold a household hazardous waste co[leciian event, in
which the City of Fort Worth sends its mo�ile collsction unit on my property.
l have read this Waiver and Release and fulfy understand its terms and condi�ions. l have nof
been influenced in any extent whatsaever by any repres�nta#ion or statements n4t contained in
this Agreement. f hereby acknowledge that t�is Waiver and Release is given in cansideration of
Signature Date
Witness
18
�`i�y o, f .�o�i l�o�th9 T'e.xr�s
;
�' � � � , �� _ � � - �.
���`���������
DAT� Ft�F�R�NC� NUMBER - - ��'�.OG NAM� � NA'�E�� �_
1019/01 **�_� g�7'� �2CQ�.LECTlC�N 'I of 2
-sus��cr - APPROVAL OF INTER�OCAL AGREE I�� I�T� W1TH VAR fJ L JS MU� liC1PAUTtES FDR
THElR PARTI�1PATfC}N AT THE EhiViROfVMENTA�. CO�.LECTtON CENTER
RECOh!li1JIE�IDATlQN: �
It is recomm�nded #hai the Cify Council authorize the City Manager ta execute [nteriocal Agreemer�is
with uariaus municipalities/entities far their partic�patio� at the Environm�r�tal Gollection C�nter.
piSCUSSIQN: �
The City's Environmer�tal Colleciion C�nter is now in i#s fifth year of Qperation callecting househaid
hazardaus waste irom the citizens of Fort Worth and surraunding communities on a year-round basis.
It� o�cier for nan-Fort Worth citizens ta par�icipate at t�e center, eac� mur�icipali#y �s required to en#er
inta an Ir�#erloca! Agreemant wifh the Gity of Fort Warth.
La�t year, 23 area communities signed participatian agreements with the City. For the upcoming year,
we expec# tl�at number to rise to 24 cammunit�es. The rate per housei�old for ti�e period co�ered by
ti�ese agreements (October �, 2007, thraugf� September 3Q, 2002) is $60. It is an�icipated that
appraximately $�QQ,OQO wili be co1lected under these agr�ements.
Th4s agre�mant autlines #he responsibilities of each party, establishes the ra#e for participatior�, and
delineat�s the use of s�rvice-mark�d pUblic education material. The City is responsibfe for the overaH
operaiion o� the center, ir�cluding cantracting with a hazardous waste disposal company for
transpartation and disposal of materials callected.
The following entities have expressed an interest or hav� already committe� to participation for the
period Oc#fl�er 1, 20(]1, through 5e�tember 3Q, 2002:
Arlington*
Benbroak
Evermatt*
Grapevin�
Kelle�r
Ric�land Hills*
Steph�nvifle
Unincorporated Tarrant County
���
Bur[eson
Euiess
Haltam City
Newark
River Oaks
Sauth{ake
Venus
Bedford
Calleyville
Gran� Prairie� '
Hurst
North Richland Hil�s
Saginaw
Upper Trinity I�egiana{ Water
V1/atauga
*These municipalities are ex�ec#ed to �ark+cipats, but have not yet returned tl�eir approved agreements.
DAiE
1019101
suB��cT
C'ity o, f.�o� T�ort�i, T'e.�as
��y�r a�� �������
�o �ni����o�
R�FEFiENCE NUMBER � LUV NAME PAGE
�*��� g'�'�'� 52C4L.LECTI ON 3 nf 2
APPROVAL OF INTERLOC � E1GRttM�N # 5 V111TH VARIOUS MUNICIPALITIES FOR
THEfR PARTiClPATION AT THE ENVIRONMENTAL CQL.I.ECTION CENTER
AddiNonai Informa#ion Contact:
Brian Baemer
8079 �