HomeMy WebLinkAboutContract 29138�ITY ��CREiRRY
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INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHO�D HAZARDOUS WASTE PROGRAM
�
THIS AGRE�MENT is entered into �y and between the City of �'ort Worth, Texas, a home-rule
municipal corparation situated in Tarrant and Denton Counties, Texas, hereinafter called "�ort
Worth," acting herein by and through � Libby W��son, its duly authorized Assistant City
Manager, and city of Stephenville a municipalifiy situated in Ste�henviZle,
Texas, hereinafter called "Participating City," acting E�er�in by and through Jdr�n Moser
its d�iy authorized �j��r�r .
WITNESS�TH
WHEREAS, Texas G�ver�ment Cade, Chapter 79�, aUthorizes the formulation of interlacal
cooperation agreements between and among lncal go�ernments; and
WHEREAS, Texas G�vernment Code, §79�.011 provides tf�at a locaf government may cantract
with anoff�er to pertorm govemm�ntal func#ians and services, and �791.403{3)(H) defines waste
ci9sposal as a governmer�tal function and service; and
WHEREAS, Texas Government Code, §791.025 provides �f�at a local government may agree
with another local go�ernment ta purchase services; and
WHEREAS, Fort Worth and Participating City d�sire to enter inta an int�r[ocal agreement
whereby Fort Workh will purchase the services �f a waste disposallrecycfing firm or firms and
will administer a househoEd hazardous waste collection program; and
WHEREAS, F'ort Worih and Participating City mutually desire �a be subject to the pro�isions af
Texas Government Code, Chapter 791, also known as the Ir�terlacal Cooperation Act.
NOW THEREF�RE, it is agreed as fallaws:
�.
DEFINIT��NS
A. Unless a provision in this Agreement exPlicitly states otherwise, the following terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act of Gad means an act occasianed by the direct,� imme�iate, and exclusive operation
of fhe fofces af nature, uncontralled or uninfluenced by the power of humans and without
human interventio�.
Bil! of Ladinq lists the contents of the mobile collection unit.
En�ironmental Co�lection Cente� (ECC) means the City of Fort Warth Department of
Enviranmental Management #acil9ty locaied at fi�400 Bridge Street, Fort Worth, Texas,
which is ta be used by Fort Worth for the aggregation of household hazardaus wastes
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that have been brought ta the facility by participating cities' hauseE�alds for subseque�t
recycfing, disposal, and/or reuse.
Environrrtental damapes means all claims, judgm�r�ts, damag�s, losses, pena�ties, fines,
fiabiliti�s (including sfrict lia�ility), eneumbrances, liens, costs, and expens�s ofi
invesfigation and defen�e of any claim, wh�ther or n�t such claim is ultimately defeated, -�
and o� any gaod #aith settfernen# or judgment, of whatever kind or nature, contingent or
ofiherwise, matured or unmatured, forese�able or unforesesabfe, including without
�imitatian reasanable attorney's fees and disbursements and consultani's fees, ar�y af
which are ir�curred subsequenfi to the executron af #his A�reement as a resuit of the
handling, collection, transparkation, storage, �isposal, treatment, recovery, andlor reuse
ofi waste pursuani to this Agreement, or t�e existence of a violation of environmental
re�uirements pertaining to same, and including without limifation:
(a) Damages for persanal injury and dea#h, or ir�jury ta property or nafural resourc�s;
{b) Fees incurred for the ssrvices ofi attarneys, cansultants, cantractors, �xperts,
[abaratorres and al1 other casts incurred in connee#ion with the invesiigatio� or
remediation of such wastes or violation of environmental requiremen�s including,
but not limited ta, the preparation of any feasibility studies ar reports or the
performance ofi any c�eanu�, remediation, remaval, response, abatement,
cantainment, closure, restaration or moni�oring work required by ar�y federal,
state or Iocal governmental agency or pofitical subdivisEon, or otherw9se
exper�ded in co�nection with ihe exist�nce of such wastes or violations of
env�ronmental requirements, and incl�ding wiihaut limitation any attorney's fees,
costs and expenses incurred in enforcing this Agreement or collecting any sums
due her�under; and
(c) Liability to any third p�rson or governmental ageney to indemnify such person ar
agency for cos�s expended in connection with the items referenced in
subparagraph (b) herein.
En�Eronmental reauirements means all applicable preseni and fut�re statutes,
regulations, rules, ordinances, codes, ficenses, permits, orders, approvals, plans,
author'�zaiians, concessions, franchises, and similar items, of allgovernmental agencies,
departments, cvmmissians, boards, bureaus, or insfrumentalities of t1�e United 5tates,
states, and palit�cal subd�v9sions theraof and all applicable judicial, administrative, and
regulat�ry decrees, jUdgments, ar�d orders relating to the Qrotection of human heaiih or
the environment, incfuding withaut limitation:
(a) All requiremenfis, including but not limited to those pertaining to reporting,
licensing, permitting, investigatio�, and remediation af emissions, discharges,
releases, ar threatenec� releases af hazardous materials, pollutar�ts,
cantaminants, or hazardous or toxic substances, materials, or wastes whether
solid, liquid, or gaseous in nature, into the air, surtace water, groundwater, starm
water, or land, ar retating to the manu�acture, processing, distribution, use,
treatment, starage, disposal, transport, or handl9ng of poUutants, contaminants, 4r
nazardous or toxic substances, materials, or wastes, whether solid, tiquid, ar
gaseaus in nai�re; and
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(b) AI! r�quErements pertaining ia the protect9an o� the health and safety of
employees or the publie.
Force maieure mea�s decrees of or r�strafnts by a governmental instrumentality, acts of
Gad, wa�k stappages due to lahor disputes or strikes, failure of Fort Wor#h's -�
contractor(s) ta �erform pursuan# to their agreemants with Fort Worth for the conduci of
the coilection of househvld hazardaus waste, fres, expfosians, epidemics, rio#s, war,
reb�llio�, and sabotage.
Household hazardous waste iHHWI m�ans any solid waste generated in a household by
a consumer which; except for the exclusion �rovided for in 40 CFR § 261.4(b)(1), would
be classified as a hazardous wasfe under 4Q CFR Pa�t 261.
Manifest means the unifarm hazardous waste man9fest form(s) �urnished by the TNRCC
to accompany shipments of municipal hazardous waste or Class 1 industrial salid waste
for waste transported ta a site in Texas, or the comparable manifest of the receir�ing
state if the waste is transported out of Texas.
Mabile collectian e�ent means a household hazardous was#e coflecfian ev�nt by
Pa�ticipating City utilizing a mobile collection unit.
Fort Warth Mabile collection unit (MCUI means a non-se[#-prape�led vehicle used far the
periadic collection of household hazardous waste by Participating City, off-site of the
ECC, which is transparted to the ECC to dis�ose of the household hazardous waste
cailected at fhe mobile collection event. The Fort Worth Mabile Callection Unit is
designed to hold the hazardous waste of approximately 50 to 75 households,
Participatir�� Cities, when used in the plural, means Fort Worth, Participating City, and all
otner entities which have entered inta interloca! agreements with Fort Worth for the ECC
household hazardous waste callection program.
Person means an ir�dividual, corporaiion, o�ganization, governmer�t, or gQve�nmental
subdivision or agency, b�siness trust, partnership, associatian, or any other legal �ntity.
Waste has the same mea�ing as "solid waste" as that term is define� in Texas H�alth
and Safety C�de §361.003, and including hazardous substanees.
B, Unless a provision in this Agreement explicitly states otherwise, tf�e following
abbreviations, as USEd in this Agreement, sF�all have the meanings hereinafter
designated.
CERCLA - Cam�rehensi�e Environmental R�sponse, Compensation, and Liabi�ity Act.
CPR - cardiopulmonary resuscita�ion.
DOT - United States Department of Transportation.
ECC - Environmental Co1l�ctian Genter.
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EPA - Unitecf Sfates Enviranmenta� Protectian Agency.
HAZCAT - hazardous categorization.
HAZWOP�R - hazardou� waste aperations and emergency response. -�
HM - hazardous materials.
HHW - housel�ald hazardous waste,
MCU - Mobiie Callection Unit.
2.
PURPOSE
The purpose of this interlocal agre�ment (hereaftar "Agreement"} is t�e pravision of services by
Fart Worth to Participafing City whereby, subj�ct to if�e terms and conditions spe�if�ecf below,
Fort Wortt� will administer and supervise a regianal hausehold hazardous waste collection
program, which will be a�ailable to households within f'artici}�ating Ciiy.
3.
TERM
This Agreement shall be effective from th� date the last party has signed this agreement
ihraugh September 30T 2002.
4.
SERVICES OF FORT WORTH
Fart Worth agrees to perF�rm the fiollowing services for Partici�ating City in connection with the
�CC household fi�azardous waste collection �rQgram:
A. Fort Worth will administer a regional household hazardous waste cnllection program.
This program will include �he operation of the Environmental CoElection Center, which
will accept for disposal andlor recyciing household hazardous waste from househalds
located within Par�icipating City. Fork Wo�th shafl nat accept campressed flammable gas
can#ainers; radioactive materiaks; explosives or potentiaNy shack sensitive materials;
hiological, etioCogic, and infectious materials; wastes fram businesses; and any other
wastes that �ort Warth has de#ermined are unacc�ptabie.
B. Fort WartF� will employ or retain personne! to pravide the services necessary to pertorm
Fort Worth's obligations in this Agreement.
C. Fort Worth will enter into a contrac#{s� with waste disp�osallrecycling firm(s) for the
handling, coAectian, transportation, starage, dispasal, treatment, recov�ry, andlor reuse
of househo�d hazardous waste, which is coHected at the �CC.
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�. Fort Worth will, if req�ested in writir�g by Participating City, pravide Participating City with
copies of waste manifests for sh9pments of waste from ihe ECC.
E. Fort Worth wil�, if requested in writing by Participating City, provide Participating City a
monthly repork of the Partic�pating City's households who dispased of household
hazardaus waste at the Environmental Colleciion Center or a Mobif� Collecfion Event. -�
�. Fort Worth will issue�a repori and a biEl at the end of each quarter detailing the number of
Participating City's househol�s that dispas�d of househald hazardous waste at the
Environmental Colleciian Center or at a mobiie collection event.
G. Fart Wort� wiil act under t�is Agreement in accordance. with all applicable state and
federal laws.
H. Non-Fort Worth Mobile Callect�an Unit
1. Fort Worth agrees tt� accept household hazardous waste frnm Participating City's
MCU in accordance with Sectian 5, of tE�is agreement.
2. Fart Worth agrees fo restock the iterns it remov�s fram Parkicipating City'sMCU,
however, Fort Worth shall only restock items listed in Exhibit "A", attached and
incarporated Y�erein as if se# for�ti.
Mobile Collection Ev�nts —Usinq Fort Worth's Unit
If Participating City would I�k� to schedule a mobife collection event with
tt�e Fort Worth Mobile Collect9on llnit, Fort Worth will send Part9cipating
City a list flf available dates. Participating City will contact Fort Vllorth as
saon as passible to schedu[e the date, time and location agreeable to
6oth parties.
(a) Lt�caiian
If Par�icipating City choases to hold the Mnbile Col�ection Event on
pri�ate property, Participating City shall obtain a signed wa�v�r
from th� awner of the prop�rty 1 we�k prior to the event. The
waiver shall be in the form of Exhibit B or similar form approved by
Fort Worth. The signed waiver must 6e sent to �ort Worth 1 week
befare the Mobile Collection E�ent. If the signed waiver is not sent
ta Fvrt Worth 1 week before the Mobi{e Callection Event, Fart
Worth will not send the F'ort Worth Mobile Callection Unit to the
e�ent and Participating Cit� will, in no ev�nt, be entitled to any
damages of recovery of any costs, except as prov�ded herein.
(b} Available Dates
Participating City acknowledges that Fart Warth contracfs with
other munici�alities and that �ort Wo�h will be aecommodating
each Participating City's reques� on a firs# come first served basis.
There�ore, Participaifng City acknowledges thai its chasen date to
schedule a mflbile collection event may be reserved by another
City and Participating City will have to choose another date.
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Participating Cify will, in no event, be entitled ta any damages ar
recovery of any casts, except as provided herein.
2. At the Mobile Coliection Event, Participating CEty acknawledges and agrees that
Fort Warth shall acc�pt household' hazardous waste from the first 5D housef�olds
that show proof of resic4ency at the Mobile Collection Event. �ft�r the first 50 -�
househalds, Fort Worth wi11 determine 9n its s�je discr�tion how m�ch more
waste if can accep# and store properly. If more households arrive at the event
than Fart Worth can accept, Partic9pating City wilf in no event be entitled ta any
damage af recovery of any casts, except as provided herein.
3. D�e to the lack of stvrage space at the ECC, Participating City acknowledges
and agrees that if 9t requests the Fart Worth Mobi�e Collectian Unit at a mobile
collectian event, a Participating City's Nor�-Fort Worth Mabile Colfection Unit shalf
not also be at the event.
4. City, in its sole discretian, will determine wheiher tr� send the Fort Worth Mobile
Ca€lection L1nit to Participating City's Collection �vent during adverse weather or
the ihreat o� adverse weather includir�g but not limited to sleet, snow, rain, mist ar
hail. In the event Fort Worth determines not to send the Fort Worth Mobil�
Callection Unit, Fort Worth shaEl notify persons listed in Section 5, Parag�aph A
and shal! send a Fart W�rth employe� to the Participating City's event to tell any
resider�ts ihat come to dispose of ho�asehald i�azardaus waste; 1} that the Fart
Warth Mobile Co1lection llnit will not be coming to the ev�nt, and, 2) that the
resident can go to the ECC to dispose af the waste and provide a ma� to th�
ECC.
5.
DUTIES OF' PARTICIPATfNG C1TY
Participating City agrees ta pertorm th� faElowing duties in connection with the household
hazardaus waste collection pragram:
A. Part�cipating City will designate one of its employees, and another as an alternate, tfl act
as its hvusehold hazardous waste collectian caordinaior to i�teract with Fort Worth.
D�signated p�rson is: Dannv R. �ohnsontelep�t�ne number: 254-918-1223.
Pager number or 24-hour number where he or she can be reached: ��a_�� R_,�
Alfernate person is Jimmv Moonev telephone num�er: 2�4-��_�,i ?4�
Pager number or 2�-hour number where he or she can be reacf�ed: 254-918-127 �
B. Participating Ciiy wiN coordinate and fund a[I pragram advertising targeted to its own
cit�zens, as it deems necessary. Such advertising st�all include the type of wastes that
will be accepted at the ECC, the requirement of proof of residency and weather
cancellation infnrmatian.
C�
C. Participating City shall natify its
closed as provided in Sectian
Operation."
residents of the ECC hours of aperatian and dates it is
9"The Environmentai CofEection Cent�r Hours af
D. Participaiing City may choose to utilize a voucher system #or its reside�ts in order for
them to br9ng HHW to the �CC. If Participating City chooses ta use such a system, �t
sl�all notify �ort Wflrth af the decision, a�d s1�a11 pravide Fart Worth with a copy of the
officiai voucher. In ad�ition, if a cit'tzen from a Participating City t�at utilizes a vouc�er
system comes to the ECC or a mobile callectian event without a vaucher, Participating
City acknowledges and agrees that Fort Worth will nat accept the household hazardous
waste unti! Participating City autharizes the acceptance in writing.
E_ Participating C9ty may submit a wriften r�quest for a monthly report listin� the number of
its city`s households that have disposed af hausehold hazardaus waste at the ECC or a
mabile callection event.
F. Participating City shall provide traffic control and signage far the mabile collection
events, and shall �rovide personnel to assis# Fart 1Nor�h with tne survey and screen�ng
of persons dropping off hous�hofd nazardous waste. The pa�ties pr'tor to t�e event shafl
agree upon the details of th� traffic control, signage, and personnel assistance.
G. Participatina City's Mabile Collection llnits Co[lectinq Housei�old Hazardous Waste
�. Participating City shalf advise the ECC Qragram manager at least 72 hours in
advance of its mobile collection e�ents. Participating City shall collect nNy HHW
during a mobife collection event. Wastes from commercial, agricultural, and
industriai sources shall not be accepted. Participa#ing City shall r�ot accept
compressed flammab�e gas containers; radioactive materials; ex��asives or
potentially shock ser�sitive materials; biological, eiiologic, and infectious
materiafs; and any ather wastes that �'ort Worth has determined are
unacceptable.
2. ln accordance wi�h the latest DOT requirements, Par�icipating City's MCU
operatars will properly cat�gorize, package, mark, label, and load into the MCU,
all wastes received at t�e mobile collection event. Recyclable products (used oil,
used ail filters, latex paint, recyclable anti-freeze, lead-acid batteries, and
fluorescent lights) wi11 b� segregated into containers for recyclables.
3. After accepting wastes, Pa�ticipating Ci�y's MCU operators shall thoroughly
cl�eck eac� cor�tainer for proper labeling and identification. If a container is
- properly identified, th� material wil! be segregatEd according to hazard class and
prepared far packaging. If a container does not have adequate labeling to permit
identificatian, the MCU operators shall tF�en attempt to identify the material from
its �hysical characteristics using HAZCAT analysis and from ir�formation pro�ided
by ihe househald presenting th� waste.
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�4. Th� Participating City's MCU operators shall package all hazardous mater�als in
accordance with United States Department of Transpartation (DOT)
requirements, United States Environmental Protection Agency {EPA}
requiremer�ts, and all ather applicable federa[ and state req�iremenis. After all
the wastes hav� been pro�erly identified and segregated, the MCLI aperatars will
reexamine the wastes for compatibility, list them on the cantainer cantent sheets,
and pack them 9nto drums. Oil-based paints and Eatex paints sha![ be bulked
separateiy in 55-gallon drums, or if the pa�nt is left in iis container, the paint can
b� packed in a lined cubic yard box, and packed ar�d labeled according ta federal "'
and state regulaiions. Participating City shall nat trar�spart waste tF�at is not HHW
to the ECC. Partici�ating City agrees to make its awn arrangements to dispose of
any non-HHW waste collected at the eveni.
5, Prior to iransportEng the HHW from the collection event site{s), Participating C9ty's
MCU operators sha1l complete a Bill of Lading, and st�all keep the Bil! ofi L�ading
in the cab of the truck hauling the MCU during transportation of the HHW ta th�
ECC. Participating City shall require #hat a minimum ofi ane copy of the latest
Nnrth American Emergency Response Guidebook be kept within the cab of the
truck.
6. During transportation, Participating City's MCl! operators shall �lacard the MCU
for transpartakion of hazardaus waste in accordance wiih federal and state law.
7. Upon the return of the MCiJ #o the ECC, Par�icipating City's MCU operators shall
follow the instructions of �ort Worth regarding the placement of the MCU far
ur�loading. �ort Worti� shall take passessian flf the MCU firom Pa�icipating City
after the MCU Y�as been properly parked for unfoading in acc�rdance with Fort
Warth's instructions and ail required dac�ments have been delivered to the �CC
program manager or his designee at the ECC. Fort Worth shall, within a
reasonable amount of time, unload the HHW fram the non-Fort Warth MCU and
stnre the HHW at the ECC.
8. If Fort Worti�, in its sale discretion, determines that Participating City's MCU
operators improperly pacicaged any af the HHW deiivered ta the ECC, Fort Wor�F�
shall repackage such waste, and Participating Gity shall reimburse Fort Worth as
set forth in Section 10., Paragraph B.
9. If a sp911 accurs at the ECC wF�ile the MCU is still in Participating City's
passession, �o�t Worth shall take control of the s�i1f res�onse and Participating
City will reimburse Fort Worth far its response costs as set forth in Sectian 10.,
Paragraph C.
- B.
USE OF WASTE DISPOSAl.IRECYC�ING FIRMS F�R HOIJSEH�L� HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposallrecycling firm(s) for the
nandling, collectian, transporiatifln, storage, disposal, treatment, recovery, andlar reuse
of hausehold hazardaus waste, which is collected at the ECC.
B. Such firm(s) shal! be required pursuant to the ccntract(s) to assume generator status for
the waste collected, (excluding used ail, lead-acid batteries and antifreeze} to choose a
disposal site for the �nraste subject to Fort Worth's a�proval, and to ind�mnify �'ort Worth
and participating cities against any a�d al1 environmental damages and the violaiian of
any ar�d a�l enviranmental requirements resulting from the handling, col[ection,
transportation, starage, dispasal, treatmen�, recovery, andlar recycling of was#e collected
pursuant to this agreement, when said environmenta! damages or the violat�on of said
en�ironmental requirements was the result of any act or omission af contractor, its "
officers, ager�ts, empinyees, or subcontractors, or the jaint act or omissian of contractor,
its afficers, agents, er�playe�s, or subcontractors and any ather person or entity.
C. ii�E ����I�S ��COCh11ZE 7HA� A��'WOUCH iH� �IRIUi (S) 1dUl�� B� R�C�UIRED
TO �SSUfV�� C�P1�RA�'O� SiAiUS, iHIS AS�UfVIPTIOP! l�ILL NOi ��L[�V�
��RiECIPAiIP�C CI�'Y O� �li��IL1TY ��� if�� WA�T� 11N�i�R ����RR�„� ��►IA!
AN� SiAiE LAII�, Fort Warth will arrange for recyclEng �endflrs for used oil, batteries,
an�ifresze, and other materials, as it deems appropriate.
7.
REUSE �� COLtECTED MATERiALS
A. From time-#o-time Fort Worth wil! make available to residents and b�sinesses af Fort
Warth, as well as, Participating City and residents and businesses af Partici�ating City
for their use, collected househald hazardous waste materials khat are suitable for reuse,
such as Qaint, fertilizer, motor oil, and antifreeze. Fort Worth shal! not charge for any
materiaEs that are �icked �p far reuse.
B. Some materials made avai{able for reuse may have beer� cansolidated and filtered by
Fork Wo�th prior ta being made availabfe. Used antifreeze w�ll have been consofidated in
a barrel, filtered, and pH balanced, and new antifreez� may have been add�d to the
barrel.
C. In regards to mat�rials accepted by Pa�ticipating City, �ORi �hdORTF� MAK�S FIO
F��,PRFc5E1�Y�►fIONS, WARR/AN�i�S �R CUARAN�I€S Ti�lA%
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
ma�ufacturer;
3. the �ra�uct is of the quality intended for its use;
4. the contents of tF�e container 1�ave heen stored properly;
5. fhe instructions an the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired co�dition;
7. the product is stiil appraved for use (i.e., it has nof been banned ar recalled); and
8, the product can be used without risk to persans, property ar the enviro�ment.
E
�rURib�RIIAORE, �Ll� WpeRRANY«�, �X�R�55 A1VD IIV[��I��, ARF
S�'�CI��CALLY ��3V1��.
D. Participating City shall cantact the ECC program manager to arrange a pickup fime to
a�tain mat�rials. Participating City agrees that it shall not return taFart Worth, directly ar `�
indirectly, any materials it abtains fram Fort Worth under this paragraph.
E. IRl ������5 TO iwAY��[�4�� p,CCEf��'�� �Y PAFtT�CIPAiIf�� �C�f',
P�RYI�I�Ailf�� C{iY DO�S F��R1��Y WAlV� A�� CLAIi�iS, �1�C�ll�ING
P�O�UCT'S �lA►�ILI'iY CLRIfV�S, AhlD R���AS�S, AND HOL�S HARIVY��SS T�IE
CIiY �I� FORi W0�7'b, A►h!0 �LL OF 1T5 04��ICIA�S, OF�IC�RS, �{VIF�L�Y��S,
AG�NiS, �ND VO�IlA�iE��S, IA1 BOiH fH�ll� PU�LIC �N� �R�V�iF
CAP�►CI�I�S, FROf� ANY AND ALL LIABi1�17Y, CL�1li1�S, SUIiS, DEfV1�1N�S,
�X��NSES O1� LI�1CAitON, OR CAUSES O� ACiEOM 1lVbICF� [VIAY /�►Rr�� �Y
RE�►SON O� 1NJURY YO P�RSONS, L05S OF PROP��iY, ���flAGE Y�
�R@P�RTY, OR LOSS Ok� 115E O� ANY PROPER�Y , OCCASIOfV�� �Y ib�
TRAPlSPOR�AYION, SiORAC��, HANDLINC, LJS�, Atd� �1S�'OSAL �Y
PARiICIPAi[NC CI�Y OF AfdY �A��RIALS ACCEPi�� �Y PARiIC1PE4�liVC GITY
Uf�DF� Yki[S I�CR��M�NT' ��OII� �ORT WO��H.
F. In regards to materiais
�ORT WOR�'Fi M�►KES
THAT:
2.
3.
4.
5.
B.
accepted by res�dents or businesses of Pa�ticipating Cities,
iV� �,�P��S�N'ip►iIOMS, Vg1ARRANTl�S OR CU�,F��'�1�5
tf�e container contents are what the fabel indicates;
the contai�er contents ar� those originally piaced into the container by fiF�e
manufacturer;
the product is o� the quality intended for iis use;
the contents of the canfainer have been stored properly;
the instructions on the container label for use, storage, and ��st aid are current or
correct; -
the container is in unimpaired conciition;
7. the product �s stil! appraved far use (i.e., it has not been banned ar recalled}; and
8. th� product can be used without risk io persans, property or the enviranment.
F�URTb�RiwOR�, �4�L 1�!l�R�NTI�S, �X�R�SS A[V� IfiAPLIEI], AR�
Sp��I�ICA��,Y DI�NI��.
G. Participating City shall attempt to inform its residents and businesses that if th�y go ta
the Environmenta� Collection Center to pick up household hazardaus waste for reuse, a
reiease Qf liability must be signed to accept t�e hausehold hazardous waste for reuse.
10
8.
RIGHT TO REFUSE WASTE
Participating City agrees thafi Fort Worth shail have fhe right to refuse to accept waste at the
EGC from Participat�ng Cify"s resident and ta eject such individual fram the premises of the
EGC, if in the reasanable judgment vf Fort Worth-
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria. esfiablished by this A�reement, or that
have been established by Fort Warth subsequent to the executian of the Agreement;
C. The individual does not have sufficient identification to establisn that helsha is in fact a
resident ofi Pariicipating City;
D. Participating City has implemented a �oucher syst�m for its residents to dispose of
waste, and the indi�idual does not have a valid �oucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at
the ECC.
9.
ENVIRONMENTAL COLL�CTI4N CENTER HOURS AND DAYS
O� OPERATION
A. Hours of Operation
During tf�e term of the agreement, the ECC's hours of operation are as follows
Thursday and Fritlay 11 :00 a.m. -7:00 p.m.
Saturclay 9:00 a.m. -3:00 p.m.
B. Days the En�iranmental Collection Center will be closed
During the term of the agreemeni, the ECC will ba clased an the �'ollawing days:
Thanksgiving Holiday, November 22 -23, 2001
Chris#mas Holiday, December 24- 25, 200�
December 30, 2Q0'f thraugh January 11, 2002, for cleanUp and repairs
M.L.K. Day January 21, 2002
Memorial Day, May 27, 2a02
Indapendence Day, July A�, 2002
La�or Day, September 2, 2002
C. Natifying Residents
Par�icipa�ing City agrees t� notify iis residents of the ECC's hours of operation and dates it wil[
be closed. Participating City may advertise the 24-hour Environmental Collecfion Cent�r
11
telephone numb�r to give its residents the Environmental Callectian Center's hours. T}��
number is: {817) 8i1-5257.
10.
COMPENSATION
As fiair compensation far the services provided by Fort Worth pursuant to tfis agreement:
A. Participating City agrees to pay Fort Worth the sum of $64.00 per househald per visit to
the ECC or per household far participation 9n a Mobile Callectian Event to dispose af
household hazardous waste.
B. If For# Worth d�termines that Par�icipating City's MCU operators improperiy packaged
any of the HHW de{ivered to the �CC, Fort Worth sl�all repackage such wasfe, and
Part9c�pating City shalE feimburse Fort Workh for it staff time at $20.Q0 an hour and the
cos# of suppfies.
C. If a s�ill occurs at the ECC while tF�e Non- Fort Warth MCU is stil[ in Participating City's
pass�ssion, �or� Warth shall taKe contrnl of the spill respo�se and Participating City will
reimburse Fart Worth for its respanse casts of $60A0 per hour staff time and the cost af
supplies.
D. The amount due to Fart Worth for services provided �nder this Section, Paragraphs A,
B, and C, shafl be bil[ed ta Participating City quarterly. Pa�ticipating City shall pay F'ort
Worth within 3� days af rec�iving a bill fram Fort Worth. If Fart Worth does not receive
• payment within 30 days, For� Warkh shail inform Partici�afing City in writing that it will nat
accept a�y hous�hold hazardaus waste from Part�cfpating C�ty's residen#s and that Fart
Worth will not participat� in a mobile collection event or provide a mobile ct�llection unit
until paid.
E. At the end of the term of this Agreement, Fart Worth shall provide a final accounting to
Participa�ing City, which will include the total n�mber of Parkicipating City's Y�ouseholds
which participated in the pragram, repackaging fees, if any, and the total cost of spilf
respanse charged� to Participating City, if any.
F. Pufsuant to the requirements of Government Code §791.011 (a)(3), the amount due to
Far� Worth under Subparagraph D. above shall be paid fram reve�ues currentky
avaifable to Participating City in the present ftscal year.
m
12
11. '
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROM�TIONAL MATERIALS
LiCENSE AGREEMENT
Fort Warth is the owner of "Capfiain Cr�d" and th� Cr�ddies ("�foomer," "Ofifio," "�est�e,
"Scrub," and "Van Goo") "Canquer Your Crud,'" anci "Crud Cruiser", and therefare a11 -�
�wnershi� righ#s befong ta Fort Warth. Fort Wtirth has registered these marks as service marks
with the Secretary of State.
A. Fart Worth �tereby grants to Participating C9ty a non-transFerabls, non-exclusive ficense
to use all th� ariworl� and promotionaf materials that may be provided by Fart Worth to
be used so{ely in the conduct of the business of Participating City's disposal and
recycling of hausehold hazarda�s waste programs. If Participat�ng City wishes to use to
Licensed Art andlar Pramotional Mat�rials in other fimited situations, Participating City
must first obtain express written consent from Fart Worth.
B. Fart Warth may provide license� Artwark and Promotional Materials to Participating City
pursuant to the terms of this Agreement. Participating City acknowledges that by v9r�ue
af this L.icense, Participating City a�quires or�ly the rEght to use the �riginal and permitted
duplicate copies of the Licensed Artw�ork and Promationai 11/laterials and does nat
acquire any rights of ownership in #he Licensed Artwork and Pramotional Materials,
wh�ch ri�hts shall remain exclusively with Fart Worth. 1f Partieipating City wants to modify
or change the artwork andlor promational materials in any manner, Participati�g City
hereby agrees to contact For� Worth in writing to obtain written consent before modifying
or changing any artwork andlor promotional matenals. �-
C. If ParticEpating City desifes an ac�or to portray "Captain Crud" �or an event, Participating
City shall use actors approved by Fort Worth to portray "Captain Cr�d" since "Captain
Grud" is owned by Fart Worth. Participating City shalf be solely respansi�le for
campensating actor for the services pravided to participaiing City. Parkicipating City will
contact Fo�t Warth as soon as pnssible with the date and time af the e�en# agreeable to
both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" castume for its events. Fart Wort� will p�ovide the "Captain Crud"
costume. However, Par�icipating City agrees to be liable to Fa�t W�rfh for any damage to
the costume or if Participaiing City faiis to retum the entire costume to Fort Wotth or if
the costume is not returned in the same conditian as received.
12.
IMMUNITY
It is expressly understaod and agreed that, in the execution of this Agreement, none of the
participating cities waives� nor shail 6e hereby deemed to wai�e, any immunity or defense that
would otherwise be a�ailable to it against claims aris9ng in the exercise of governmental powers
and �unctions, and that the services described in this Agreement are a gavernmental function.
13
�3.
FORCE MAJEURE
A delay or failure af �ori Worth ta perform services pursuant to this Agreement shall be excused
to th� extent that the delay or failure ta perform resulted from a farce majeure event, and the
delay or failure was beyond the contral of Fort Warth and not due to its fault ar n�gligence. -�
Participating City shali not ha�e, and hereby waives, any ciaim whatever for any damages
resulting from deiays or fail�re to pertorm ca�sed by a force maje�re event.
14.
TERMINATION
The parties shall each have the right to terminate tY�e Agreement �or any reason, with or withaut
cause, ��on thirty (30) days written notice ta the other party. Upon terminatian, the parties shall
be released from all cantractual obligations to the ofF�er party excfuding "USE OF WASTE
D15POSALIRECYGLING �IRMS FOR HUUSEHOL� HAZAF�DOUS WASTE" (Paragraph 6)
"REIJSE OF COLLECTED MAT�RIALS" (Paragraph i} and "ARTWORK, "CAPTAIN CRIJD
AND THE CRUDDIES," AND PROMOTIONAI. MATERIALS L.�CENSE AGREEMENT'
(Paragraph 11).
15. ,
N�TICE
Any notices require� t� be given under this Agreement shall be delivered as foilows:
ff to Fort Worth;
Brian Boerner, CHMM, Director
Department of Environmental Management
City of Fart Worth
10D0 Throckmortan
Fort Worth, Texas 76102
If to Particiaatinq Citv.
Danny R. �7ohnson
l�i rartnr r�f Tit i 1����c
('i tv n�F_�ihan��; �1�
298 West W��hi n�t-_�n
S�ephenville, TX 76401
16.
ENTiRETY
Th9s Agreement co�tains al1 commitments and Agreements of the parties hereto, and no nther
oral ar written commitmen#s shall ha�e any force or effect if not contained herein, except that
this Agreement can be amended or madifed by the parties if such amendment or mndifiication is
in writing and signed �y Participating Ciiy and Fort Warth.
14
17.
SEVERABILITY
In the event anyone or more of the provjs9ons contained in this Agreement shall fof any reasan
b� held to be invalid, illegal, or unenforceable in any respect, such inva[idity, 911egalify, or -�
ur�enforceability shall not affect any other provision thereof and this Agreement shali be
constru�d as if such invalid, illegal, or unenforceable pro�isions had never been contained
herein.
�s.
VENUE
Should any action, real or asserted, at law or in equiky, arise out of the terms and conditions of
this Agreemen�, venue for said ac#ion shall be in Tarrant Co�nty, Texas.
19.
AUTHORITY
This Agrsement is made fiar Fort Workh and Participating City as an Interlocal Agre�ment,
pursuant to Texas Government C�de, Chapter 791.
20.
AIJTHORfZATION
The undersigned officers and/or agents of the parties hereto are pro�erly authorized officials
ar�d have the necessary authority to execute #his Agreement on b�t�alf of the parties hereto, an�
each party �ereby certifies to the other that any necessary resolutions axtending such authority
have been duly passed and are naw in full force and effect.
'{ 5
F�
EXECUTED IN TRIPLICATE
C{TY OF FaRT WORTH
By: ,�` y,
�- � � �
, �-
�.� .
Lil�y Wats
Assistant C' a�? g r
Date: � � �/ U �
A T: -i
. ,
� � .
_.�.. _ �.�.��
Gloria Pearsqri '
Ci#y S�cret�ry
��/���°�
Contract authorization
Date
/D �— �� Di
CITY OF STEPHENVILLE
�
Pri ed name: John Moser
Titf : ayor
Date: ��'� �+�d
APPROVED AS TO FORM
AND LEGALITY:
��
Assis�e� City. Attorney
_�
ATTEST:
� ,
.
City Se ary `
0
_ _� _ . R- _,
� � ' �� C �1� ��C��� '
��; ����Q���° �
�e �Gt�b .���..�
�_.�......�-
m
APPROVED A5 TO �'ORM
, �
Exhibit "A"
R.�STOCKIfV� i.olSi ��F� ib� lVYO�I�� ��LL�CiIOR� U�IiT
�afieria! Amoun4 Res�oc�ed � Special IVeeds Ftemarks
55 gallon open top Amaunt tak�n off the
drums (open top for trailer
loose packs)
55 gallon drums Amount taken off the
(closed top) (oil, trailer
antifreeze, bulk
flammable materiafs
and one exfra)
F'iber drums {55 or 30 �
gallan) A�rosols, Amaunt taken off the
ac�ds, bases and trailer
oxidizers) �
Gaylord bax lin�rs
(plastic) Amount faken off the
trailer
55 gallon drum liners
Amflunt taKen off the
t�ailer
5 gallon buckets
(filterslhaz chemicals) Amount taken off the
trai�er
Surv�y Forms
Amount taken off the
traifer
Labelsldrum placard
Amount taken �ff the
trailer
Gaylord boxes
Amount taken off tF�e
trailer
Absarbent pads
Amount taken off the
trailer
Vermiculite
Amount taken off the
irailer
Oil dry
Amount #aken off the
trailer
Promational Materials
& Brochures Amount needed ,
17
Exhi�it "g"
WAIVER AND RELEASE OF LIABILITY FOR C�LLECTION O� H�USEHOLD
HAZARDOUS WASTE
I�eing the owner o# property located at .
have been asked �y the City of to a[low a mobile collection
event vn my praperty to calfect hause�old hazardous waste on the , 2001.
In consideration of , I hereby give my permission to the City of
to hold a house�old hazardous waste collectjon event on my
praperty in which the City of l�as asited fhe City of For� Worth
to send its mobile call�ction unit to collect the household hazardous waste that is brought to the
event.
Therefore, in cansideratian of , l here�y RELEASE,
DISCHARGE, HOLD HARMLESS, IND�MNIFY th� City of Fort WortF� ar its ofFicers, agents,
and employees and the City of and its officers, agents,
andlar employees fior any and.all claims, dema�ds, liability, causes of action, actions or suits of
any character that I may have against the City of Fart Worth or its officers, agents, andlor
emplayees and the Ci#y of or 9ts officers, agents, andlor
employees for any praper�y loss or damage, far any and a1� personal i�jury �ncluding death or
any other darnage of any ltind or character whici� may arises or that arises from allowir�g the
City of to hold a househald hazardous wast� collection event, in
which the City of Fort �lllorih sends its mobile collection unit on my property.
I i�ave read this Waiver and Release and fulfy underskand its terms and cnnditions. l have not
been influenced in any ex#ent whatsoever by any representation or statements not contained in
this Agreement. ! hereby acknowledge that ihis Waiver and Release is girren in consideration of
Signature Date
Witness
18
�'iiy of �ort Y�v��%, �'�xt�s
����r ��� �������
�c� t�n�������
DATE R�FER�.NC� NC�MBER LOG NAM� PAG ����� � �
'1 Q19Ip1 �`*C�� �77� _�_ a2CQLLECTf ON 1, af 2
-s�tB��c7 APPR01lAL QF INTER�.aCAL AG{REEII�EI�I`TS�WITH'�IAf�iC}US MUNIGIPAUTIES FOR
THElR PARTICIPATI(7N AT THE �NVIR�NMENTAL COLLECTION CENTEF�
REC4MMENDA7I�N: �
ft is recommended that th� City CQuncil authorize th� City Mar�agsr #a execute lnte�local Agreements
with various municipaliti�slenii#ies for tF�eir par�ic3pation at the Environmental Callection Cenier.
pISCIJSS!(�N: V �
The Cify's Enviranmental Collec#ivn C�nt�r is now in its fifth y�ar of operation collecting hous�hold
hazardous wast� �rom the citixens of Fort Wottn ar�d surrounding comm�nities on a year-round basis.
Ir� orclsr for non-For� W�r�h citizens ta parEicipate �� the center, each municipality is required fo enter
into an Interlocal Agreement with the City o# Fort Worth.
Last year, 23 area communitie� signe� participation agreements with the City. Far the upcoming year,
we expect t�at number to rise ta 24 eommunities. The rate pe� household for the period cover�d by
tF�es� agreements (4ciober 1, 20Q1 t through September 30, 2Q02) is $6�. I� is anticipated that
appraximately $��Q,000 wil{ be collected under #hese agteements.
This agreement outlines the respons�bilities of eac� party, e�tablis�es t�e rate f�r participatian, and
delineates the use of service-marked public education maferial, The City is responsible for the averall
operation of the center, including contracting with a hazardous wast$ dispasal campany for
transpartatian an� disp�saf of ma#erials collected.
The followin� entities have expressed an interest or have already committed to par�icipation for the
period October �, 2001, through September 30, 2002;
Arlington*
Ben�rooic
Everman�
Grapevine
Keller
Richland Hills*
Step�►env�fle
Unincorpotated Tarranf C�unty
Azle
�uriesor�
Euless
Haltom City
Newar�C
R�ver Oaks
Southlake
Venus
Bedford
Calleyville
Grand Prairie-
Hurst �
Nort� Rict�land Hifls
Saginaw
[Jpper Trinity Regi�nal Water
Watauga
*TMese m�nicipalities are expacted to par�icipate, bui have not yet returned #heir approved agre�ments.
DATE
1019101
SUB.�ECT
�`ity o,�1�"o�t T�i�or�`�i, T'exas
�ia��� an� C�u����
����xr������o� �
RE��RENCE N11M8�R LOCU [VAME �� YF1G�
**�����l�' S2COi,LECTION 2 of 2
APPROVAL 4F INTERI:4C L. AGREEiV1�f� I 5 iIWITH VARi lJS MUNICIPALITfES FQR
THEIR PARTiCiPAiION AT THE ENVIRONMENTAL G�i.I.ECTIUN CENTER
�ISCAL INFORMATIONICERTIFIGAT(ON:
The Finance Direetor ceriifies tha# the En�ironmental Management Departmenf wil{ �e responsible ior
the coilection and depasit of funds due to the City under these agreements.
4.W:k
�
Submit#ed far City Manager's
Ofiice by:
Libby Watson 61$3
Qriginating Department Head:
� FZ3i�ID � ACCOUN'1' `
I (to}
� R103 488220
CENTER I AMOUNT
D52'� 100
CITY SECRETARY
Brian Boarner 8079 (from) � APPROVED 14/09/41
�'ity of �o�t Wo�ih, T'exas
�_ �� �- � �- ��1 � �� � � �- �I
�o�n���������
�A7E R���RENC� NUMBER � � LUU fVAMt PAGE
101910� **�_� ���'� 52COLLECTION 3 of 2
�SUBJEC7 APPROVAL OF �NTERLOC L AGRE�EI�ENTS WITH VARIOIJS ML7NICIPA�.ITIES �OR
THEIR PARTIC�PATIDN AT THE ENVIRONMENTAL COLLECTION CENTEF�
I_ �Additional Information Contact:
. I
Brian Boerner 8079 I - — .--- �