HomeMy WebLinkAboutContract 27140�
CIiY ��C�EYARY , - � .
�ONiF�ACT R�O . - - /
1NTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEH�LD HAZARDOl1S WASTE PROGRAM
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THIS AGREEM�NT is entered into by and between the City of Fart Worth, Texas, a home-ru1�
municipal corporation siivated in Tarrant ar�d Denton Counties, Texas, h�reinafter calfed "�ort
Workh," acting herein by and through' Libby Watsan, its duly a�thorized Assistant Ci�y
Mana er, and �k-1�@���I ��' I�i,u�ieaK. `�x a munici aCit situated in � W ,
Texas, hereinafter called "Participating 'City," acting herein by and through �,� �[��� 1�e _
its duly authorized �VII���o�C_ .
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlacal
caoperat9on agreements between and among lacal governments; and
WH�REAS, Texas Government Code, §791.411 provides that a[acal gavernment may contraci
wifh another to perfarm governmental functions and services, ar�d §799.OD3(3)(H) defines wast�
dispasal as a governmental function and service; and
WHEREAS, Texas Government Cod�, §791.025 pro�ides that a[acai government may agree
with anather lacal goverr�ment #o purchase senrices; and
WHEREAS, Fort Worth and Participating City desire to enter into an interloca� agreement
whereby �art Worth will �urchase the services af a was#e dispasallr�cycling firm ar firms and
will administer a household hazardous waste cal�ection program; and
WHEREAS, Fa�t Warth and Participating City mutually desire to be subject io the provisians of
Texas Go�ernm�nt Code, Chapter 791, also known as the Interlocak Cooperation Aci.
N�W THERE�'ORE, it Es agreed as fo![ows:
1.
DEFINITIONS
A. Unless a provisian in this Agreeme�t explicitly states otF�erwise, the following terms and
phrases, as used in this Agreement, shal[ nave the meanings hereinafter designated.
Act of Gad means an act accasianed 6y the direct, immediate, and exclusive aperation
of ti�e forces of nature, uncontrolled or uninfluenced by the power of humans and without
hu�nan interven#ion.
Bill of Ladinq fists the contents of the mobile coilection unit.
En�ironmental Callection Center (ECC) means the City of �'ork Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fart Warth, Texas,
which is ta be used by Fort Worth for the aggregatian of household hazardous was#es
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that ha�e �een brought to the facili#y by participating cities' households for subsequent
recycfing, dispasal, andlar reuse.
Environmenta! dama4es mea�s ail claims, judgment$, darr�ages, losses, p�nalties, fines,
fiabilities (including strict liability}, encumbrances, liens, costs, and exper�ses af
invesiigation and defense of any claim, whether ar not such cla9m is ultimately d�f�ated, .,
and of an� goad faith settlemer�t or judgment, of whatevar kind ar nature, contingent or
otherwise, matured ar unmatured, fo�eseeable or unfc�reseeable, including witho�i
(imiiation reasonable attorney's f�es� and disbursements and eonsultant's fees, any of
which are incurred subsequent to tiie executior� of this Agreement as a result of ihe
handling, cof�ectior�, transportation, storage, disposal, treatment, �ecovery, andlor reuse
of waste pursuant ta this Agre�ment, or the existence of a �ia{atian of enviranmental
requirements pertaining to same, and including without fimitatian:
{a) Damages far personai injury and death, or injury ta property or natural resources;
(b} Fees incurred far the services af attorneys, consultants, coniractors, experts,
laboratories and all other costs ir�curred in connection with the investigation or
reme�iat�vn ot sUch wastes or v9alation of environmental requirements including,
�ut not limited' to, the preparatian of any f�asibility studies or reports or the
performance af any cleanup, reme�9ation, remo�al, response, abatement,
cantainment, clasure, restoration .or monitorir�g work required by any federal,
state ar local governmental ag�ncy ar golitical subdiv9sion, or otherwise
expanded in connection with the existence af such wastes or violations of
environmental req�irem�nts, and including without limitatian any ait�rn�y`s fees,
costs and expenses i�curred in en�orcing tF�is Agreement or collecfing any sums
due hereunder; a�d
(c) Liabili�y to any third person or governmental ager�cy to indemnify such person or
agency fr�r casts expend�d in connection with the items refere�ced in
subparagraph (b) herein.
Environmental re�uirements means a11 a�plfcable preser�t and futur� statutes,
regulations, rules, ordinances, codes, licenses, permits, �rders, approvals, pkans,
autharizations, concessions, franchises, and similar items, of ailgovernmental agencies,
d�partments, cammissians, baards, bureaus, ar instrume�tali�ies of the Ur�ited States,
states, and political subdivisions thereof and all applicable judicial, administrative, ancf
regulatary decrees, �udgmer�ts, and orders relating to the protection of human health or
t�e enviranment, including without limi�atian:
(a) All requirements, inclut#ing but not limi#ed to thas� pertaining to reporting,
�ice�sing, permitting, inwestigatian, and remediation of emissions, discharges,
releases, or threaten�d releases of hazardous ma#erials, pollutants,
contaminants, ar hazardous ar tc�xic �ubstances, materials, or wast�s whe#her
svlid, liquid, ar gaseous in nature, inta the air, surface water, groundwater, storm
water, or land, ar r�lating #o the manufacture, processing, dis�ribution, use,
treatment, storage, disposal, transpork, or handling oi pollutants, cantaminants, or
hazardous or toxic su6stances, materials, or wastes, wh�ther solid, liq�9d, or
gaseous in natur�; and
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(b} Ail requirements pertaining ta #he protection af the health and saf�ty af
empioyees or the public.
Force maieure means decrees af or restraints by a governmental instrumentality, acts af
God, work stoppages due to iabor disputes or strlkes, failure of Fart Wvrth's
contractor(s) to perForm pursuant to their agreements with For� Wor�h for the conduct of
the coflection of household hazardo�s waste, �irss, explosions, epidemics, riots, war,
rebeElian, and sabatage.
Household haza�dous waste (HHW} means any solid waste generated in a househflld by
a cor►sumer which; except for the exclusiar� provided fvr in 40 CFR § 261.4(b)(1), woul�
b� classi�ed as a hazardous waste under 40 CFR Part 261.
Manifesi means the unifarm hazardous waste manifest formts) furnished by the TNRCC
to accompany shipments of munici�al hazardous waste or Class 1 industrial salid waste
for wast� transpor�ed to a site in Texas, car the comparable manifest of the receiving
state if the wast� is tr�nsporked aut af Texas.
Mabile calleciior� event means a househo{d hazardous waste collection event by
Participating City utilizing a mobile callec#ion unit.
Fart Worth Ma�ile colfection unif (MCU) means a non-self p�opeNed vehicle used fo� the
period9c collectian of household hazardous wa�te by Participating City, off-site af the
EGC, whiGh is transported to the ECC to daspose of the househald t�azardous waste
collected at the mobile collecfian event. The Fort Worth Mohile Collectifln Unit is
designed to hold the hazardo�s waste of approximately 50 to 75 househalds.
Participatina Cifies, when used in the plur�l, means Fort Worth, Participating City, and al!
other �ntities whic� have ent�red inio interlocal agreements with For� Worth for the ECC
house�olc� hazarclous waste coliection program.
Person means an individual, carporation, arganization, governmen#, or governmental
subdivision or agency, business trust, partnership, association, ar any other legal entity.
Waste has the same mean9ng as '"soiid waste" as that term is defined in Texas Health
and Safety Cod� §361.003, and including hazardous substances.
B. �nless a provision in tnis Agreement explic�tly states. ofh�rwise, #he fo(lowing
abbreviations, as used in this Agreement, shall have the meanings hereinafter
designated.
CERCLA - Compreh�nsive Envlronmental R�spanse, Compensation, and Liability Act.
CPR � cardiopulmonary resuscitation.
DOi - United States �epartment of Transportation.
ECC - Environmental Colleetion Center.
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EPA - United States Env9ronmental Pratection Agency.
HAZCAT - hazardous categorizatian.
HAZWOPER - hazardous was#e operations and emergency response. -�
MM - hazardaus ma#erials.
HHW - household hazardous waste.
MC� - Mobile Co1l�ction Unit.
2.
f'URPOSE
The purppse of this interlacal agreement (hereafit�r "Agreement") is the provisian of services by
Fort Worth to Participating City whereby, subject to the terms and conditions spec9fied bel�w,
Fort Warth will administer and supervise a regional household hazardous waste collection
program, which wiH be available to householtls within Parkicipating City.
3.
TERM
This Agreement shall be effective from the date t�e lasi party has 5igned th9s agreemenf
through September 30, 2002.
4.
S�RVICES OF FORT W�RTH
Fori Worth agrees to perform the follawing services far Participating City in connection witn the
ECC household hazardous waste collection p�ogram:
A. Fart Worth will admin9ster a�egional hausenold hazardous waste collection program.
This program wilE i�ciude the operation of the Environmental Callection Center, which
wiA accept for disposal andlor recycling househald hazardous waste from househalds
lacated within Participating City. Fort Worth shall not accept compressed flammable gas
conta9ners; radioactive materials; explasives ar potentially shoelc sensifive materia�s;
bio�ogicai, etiologic, and infectious materials; wastes from businesses; and any other
wastes that Fort Worth F�as determ'tned are unaccepta�le.
B. Forf Wo�th will employ ar retain persannel ta pro�ide the services necessary to perform
�ort Worth's obligations in #his Agreement.
C. Fort Worth will enter in#o a contract{s) with waste �ispasal/recycling firm(s) for the
handling, collection, transportatian, starage, disposa�, treatment, recavery, andlar reuse
of househoid hazardous waste, which is coHected a� the ECC.
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D. ForE Worth will, if requested in writing by Participating City, pravide Participating City with
c�pies of waste manifests for shipments af waste from the �CC.
E. Fart Worth wifl, if requested in writing by Pariicipating City, provide Parkicipating City a
monthly r�port of the Participating C9ty's households who disposed of hous�hold
hazardous waste at the Enviranmental Cailscti�n Center or a Mabile C�llection Event.
F. For�'VVortn wil) issue � repo�t and a bill at the end of each quarter detailing the number a�
Pa�tic�pating Ciiy's households that disposed of hauseho�d hazardous waste at the
Environmenta! Coll�ction Ce�ter or at a mobile callection event.
G. Fart Worth will act under this Agreement in accordance with akl applicable state ar�d
federal laws.
H. No�-F'ort Worth Mobile Collee#ior� Unit
1. Fori 1North agrees ta accept hausehold �azardous wast� �rom Participating Cfty's
IVICIJ in accarciance witn Section 5, a�f this agreement.
2. For� Worth agrees to restock the items it removes from Participating City'sMCU,
how�ver, Fort V1lorth shall oniy restock items Gsted in Exhibit "A", attached and
incorporaked herein as if set forth.
f. ' Mobile Collection Events —Usina Fort Warth's Unit
1. If Participatin� City wo��d like to schedul� a mabil� collec#ion event with
the Fort Warth Mabile Collection Unit, Fort Worth wili s�nd Parkicipating
City a list of avaifabfe dates. Participating Ciiy will contact Fart Wa�th as
soon as passible ta schedule the date, time anc� locatia� agreeable to
bath parties.
(a} Location .
If Participating City choases to h�ld ths Mabiie Collectian Event on
pri�ate praperty, Participating Gi�y shall obtain a signed wai�er
fr�m the ow�er of the property 1 week prior to the event. The
waiver shalf be in #h� form of Exhibit B or similar form approved by
Fart Worth. The signed waiver must be sent to Fort Worth 1 week
before the Mob�le Coll�ctian �v�nt. If the signed waiver is nai sent
to �ort Worth 9 week before the Mobiie Coliectian Ever�t, Fort
Warkh wi{I not send the Fort Worif� Mabil� Collection Unit to the
eve�t and Participating City wi1l, in no event, be entitled to any
damagEs of recvWery a# any costs, except as pravicied herein.
{b} Available Dates
Participa#ing City acicnawledges that Fort VNorih contracts with
other mun�cipalities and that Fork Worth wil! be accommodating
each Participaiing Cifiy's request on a first come fii�st served basis.
Therefore, Participating City acknflwfedges that lts chosen date io
schedule a mobile coElection event may be reserved by ano�her
City and Participating City will have to choose another daie,
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Participating City will, in no e�ent, be entitled to any damages or
recovery of any costs, except as provided hereir�.
2. At the Mobil� CoNection Event, Participating City acknowledges and agrees that
Fort Warth shall accep# hous�haid hazardaus waste from the �irsi 50 housef�oids
that show proaf of res�d��cy at the Mobile Colfection Ev�nt. After the first 50 -�
households, Fort Wart� will determine in its sole discretEon haw much more
avaste it can accept and stare properly. lf more households arrive at th� event
than Fark Worth can accept, Participat�ng City wiEl in no event be entitled #o any
damage of recovsry of any costs, except as provided herein.
3. Due to the laek af storage space at the �CC, Partic9pating City acknowledges
�nd agrees that if it req�ests the Fork Worih Mobile Callection Unit at a mobiie
collection event, a Parkicipating City's Non-Fart Worth Mobile Collection Unit s�alf
not also b� at tt�e event.
�. City, in its sole discr�tio�, will de�ermin� whether to send the Fart Warth Mobile
Caliection Unit ta Partic9pating City's Collec�ian Event during adverse weather or
the thr�at af ad�erse weather including but nat lirnited to sleet, snow, rain, mist or
hail. In the event Fort Worth determin�s not to send the l�ort Worth Mobile
Collection Unit, Fort Worth shall notify persans liste� in Section 5, Paragraph A
and shall send a Fori War#h employee to tha Participating Ci�y's event fo tell any
resid�nts that come to dispose of hous�hold hazardous waste; �)#haf the Fort
Worth Mobile Collection llnit wilk npt be caming to the event, and, 2) t�at the
resident can go to the ECC to dispose of the waste and provide a map to the
ECC.
5.
DUTIES O�' PARTICiPATING CITY
Participating Ciiy agrees ta perfarm tF�e fo�lowing duties in connection with the household
hazardous waste collection program:
A. Participating Ci#y wiN desEgnate ane of its employees, and anather as an alternate, to act
as its hausehaid hazardous waste collection caardinat4r to interact with Fort Worth.
Designated perso� is; ��(1Qt` �'� �" QfY10� telephone number: 1� $�-��?�� I.
Pager number or 24-hour numberwhere he or she can be reach�d: ���'a��
Alternate person is ����i ��_�`�YY���' telephone number: ��if� �8�= lg��
Pager number or 24-hflur numb�r where he or she can be reach�d: �' �°�
B. Participating Ciiy wiN coordinaf� and fund all program ad�ertising targe#ed ta its own
citiz�ns, as it deems n�cessary. Such ad�ertising shali i�clude tt�e ty�e af wastes that
wi11 be accep#ed at the ECC, the requirement of proof of residency and weather
canceflailon information.
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C. Partici�ating City shall notify its residenks o# the ECC hnurs of operaiion and dates it is
closed as pravided in Section 9"The Environmental Co1�ec�ion Center Haurs of
Operation."
D. Participafing City may choose to utilize � vaucher system for its residents in order far
them to bring HHW to the ECC. If Participating City chaoses #o use such a system, it -�
sha11 natifjr Fort Worth of the decision, and s�al1 provide Fort Worth with a copy af the
offiicial voucher. ln addition, if a citiz�n from a Participating City that utifEzes a voucher
system comes to the ECC or a mo5ile callectian event without a va�cher, Participating
City acknowledges and agrees that Fort Warth will not accept the househald i�azardous
waste until Participating City authoriz�s the acceptance in writing.
E. Participating City may submit a writter� request for a ma�th[y repart listing the number of
its city's hausehoEds that have dispos�d of housef�ald hazardous waste at the ECC or a
mabile callectian event.
F. Participat�ng City shal� provide traffic cantrol and signage for the mabile collection
events, and shal{ �rovide personnel to assist Fort Warth with the survey and screening
of persons droppir�g off household hazardous waste. The parkies prior to the evenf shail
agree upan the details of the traffic control, signage, and personnel assistance.
G. Participa#ing Citv's Mobile Collection llnits ColEectina Hausehold Hazardaus Was#e
1. Participating City shafl advise the ECC program manager at least 72 hours in
advan�e of its mabile collection ���nts. Participafing C�ty shall colleci anly HHW
during a mobile collection event. Wastes from commercial, agriculfiural, and
industrial sources shall nat be accepted. Par�icipating C9ty shall nat accept
campressed flammable gas containers; radioactive materials; explosives or
potentially shock sensitive materials; bialogical, etialagic, and infectio�as
mafierials; and any other wastes iE�at Fori Worth has det�rmined are
unacceptable.
2. In accordance with the latest DOT requirements, Participating City's MCU
operators will properly categorize, pacicage, mark, label, and load into the MC�,
all wastes recei�ed at the mobile co[leciion event. Recyclable products (used oil,
used oil fijt�rs, {atex paint, recyclable anti-freeze, lead-acid batteries, and
fluorescent lights) will be segregated into cantainers for recyclables.
3. After accepting wastes, Participating City"s MCU operators shall tharo�aghly
check each container for proper labeling an� identification. If a container is
properly identified, the material will be segregated according to hazard class and
�repared for �ackaging. if a container daes not have adeq�ate labe�ing to permit
ider�tification, the MCU operators shall then attempt to identifiy the material fram
its physical characteristics using HAZCAT anaiysis and from ir�formatian pravided
by the househald presenting the waste.
4. The Particlpating Ciiy's MCU operators shall package all hazardaus materials in
accordance with United States Department of Transportatian {DOT)
requirements, United States Environmental Prate�tion Agency (EPA}
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requirements, and all other appliaable federal and state requirements. Aft�r a�l
the wastes have been properly i�entified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the conta�ner cantent sheets,
and pack them inta drums. Oil-�ased �aints and latex paints shafi be bulked
separately in 55-gallon drums, or if the paint is lef� in its container, the paint can
be packed in a lined cubic yard box, and packed and labeled according to federal -�
and sta#e regulations. Participating City shall noi franspor� waste tF�at is not HHW
to the ECC. Pa�icipating City agreas to rn�ke its own arrangements ta dispase of
any non-HHW waste coli�cfed at the event.
5. Prior to tra�s}aorting the HHW from the callection event site(s}, Participating City's
MCU operators shall complete a Bill �f Lading, and shall keep the Bil{ of Lading
in the cab of the truck hauiing the MCU during transportation af the HHW to the
ECC. Parkicipafing City shall re�uire that a minim�m of one capy of the latest
North American Emargency Response Guidebook be kept within the cab of the
tr�ck.
B. During transportation, Participating C9ty's MCU operators shall pfacard the MCU
for trans�ortation of hazardous wast� in accardanc� with federal and state law.
7. Upon the return af the MCU ta the ECC, Participating City's MCU operators shall
foliaw the instructions af �ort Warth regarding the placement of the MCU for
unloading. Fart 1North shal! tafce passession flf the MCU from Participating City
after #he MCU has been properly parked for unloading in aecordance with �ort
Worth's instructions and all req�ired documents have been delivered to �he ECC
program manager ar his designee at the EGC. Fark Wor#h shall, within a
reasonable amount of kime, unload the HHW fram the nan-Fort Worth MCU and
store th� HHW at the ECG.
8. If Fart Worth, in its sole discrstion, determines that Participating City's MCU
operators im�raperly packaged any of the HHW delivered ta the ECC, Fort Worth
shall repackage such waste, and Parkicipating City shall reimburse Fort Wor�h as
set forth ir� Section 10., Paragraph B.
9. If a spi11 occurs at the ECC whiie the MCU is still in PartEcipating City's
pOSS85510T1, Fart Worth shall fake control of the s�ill response and Participating
City wil[ r�im6urse Fart Warth #or its response costs as set farth in 5ectian 10.,
Paragraph C.
6.
USE OF V�IASTE DfSP05ALIRECYCL.ING �IRMS FOR HOUSEHOtD HAZARD�LIS WASTE
A. Fart Worth will enter into a cantract(s} with waste disposallr�cycling firm(s} far the
handling, collection, transportation, storage, disposal, treatment, recovery, andlar reuse
of househofd hazarda�ts waste, which is collected at the ECC.
B. 5uct� firm{s) shall b� required pursuant to the contract(s) to assume generator status far
the waste collected, (excluding used oil, Eead-acid batteries and antifreeze} to choose a
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disposal site for the waste sub�ect to Fort War#�'s appraval, a�d �o indemni#y Fort Worth
and �articipating cities against any ar�d a11 environmental damagss and the violation af
any and al1 enviranmental requiremer�ts resulting from the handlir�g, collection,
transportation, storage, disposal, treatment, recovery, andlor recycling of waste colfected
pursuant to this agreement, when said enviranmen#al damages or tt�e violatian o� said
environmental requirem�nts was the result of any act ar omission of contractor, its -�
officers, agents, employees* ar subcontract�rs, or the joint act or omission of contractor,
its off9cers, agents, empfoyees, or subcontractars and any other person or entity.
C. THE �'AR�I�S R�COGR�iZE 7HAi A�i'bOUGH TH� �IRM (S) WILL �E f��QUIR��
�'O ASSUflIi� G�N��A�'OR SiATIJS, TfilS ASSUIUIPTIOP� FNILL IVDi R��1�1l�
�,�oRTIC{PATINC CI�Y O� �IA�1LIiY �OR iH� WAST� UNQ�R ��D�R,�L L�li�
AfVD SiAiE LAW. Fort Warkh will arrange fflr recycling vendars for used oil, batteries,
antifre�ze, and other materials, as it deems apprapriate.
7.
REUSE OF COI.LECTED MATERIAL.S
A. From time-to-time Fort Wort� will make availabEe to residents and businesses of Fort
Worth, as weil as, Par�icipaiEng City and residents and businesses af Participating City
for their us�, collected hause�old hazardous waste materials that are suitable for reuse,
suc� as paint, fertilizer, mator oil, and antifreeze. Fort Worth shall not charge for any
materials that are picked up for reuse.
B. Some mat�riafs made available for reuse may have been consolidated and filtered by
Fort Worth prior to being made avaiiable. Used antifreeze wi11 ha�e been consalidated in
a barrel, filtered, and pH baianced, and new antifr�eze may have been added to th�
barrel.
C. In regards #o materials accepted by Participating City, FOFtT WOR�H f�AKFS td�
R�PRES�N�p►YlONS, WAR�►fVTIES OR C�AR�4AlTl�S `fH,4�:
1. the container cantents are what the iabel indicates;
2. the container contents are t�ose originaHy placed into the container by the
manufacturer;
3. tha product is of the q�ality intended for its use;
4. the contents of the cantainer ha�e been stored properiy;
5. the instructions on the cantainer labef for �se, starage, and first aid are current or
correct;
B. the container 9s in unimpaired condiiion;
7, the product is stilf appraved far use (i.e., it has not been banned or recalled}; and
8, tfi�e product can be us�d without risk to persons, praperty or the environment.
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�URi�1�R11AOR�, A�� 1dN�RRANiI�S, GX�R�,SS AN� If4flPl.1E�, AR�
S��.C[h ICALLY ��hl1�D.
D. Participating Ci#y shall contact the ECC program manager to arrange a pickup time ta
obtain materiais. Participating City agrees that it �hall not return toFark Worth, directly ar -�
indirectly, any materials it abtains from Fort Wa�th under this paragrapl�.
E. IN RFGp��?S TO iwAY��IA�S ACC�PY�� BY PARiICIPAiINC C1TY,
��►RTICIPA f[NC CI'TY DO�S F��Ft��Y WAIV� A�L CLAIii�S, IiVCLUDINC
PRO�UCi� �IA�ILiTY CLAICVI5, AN� Ft�t�p►S�S, A1dD HO��S b,4R�LE55 iF;�
CI�I( OFr �ORi WDR`i'Fi, AhlD ALL O�' 1'TS O}��ICfA�S, O��[C��S, �M��OYF�S,
�►��iViS, I�N� V4�UhiiE�RS, IN ��TH �H�1R PU�LiC p►iV� �RiV�iG
C/�PACIiI�S, �ROIV� ANY AN� ALL LlA�3i�ITY, CLA[NiS, Sl1fiS, D�MAiVDS,
EX�ENS�S OF �I�ICAT'ION, O� CAl1S�S O� AC I IOiV VIlH1CH flliAY ARlSE �Y
REr4,SON O� IIV.fURY YO P�RS�R�S, l�OSS OF PROP��YY, DAiwA�� i�
PRO��RiY, OR L,05S OF U5� O� ANY PRO��Ril( , OCCASION�� �Y i�i�
i1�iVSPOf��',4i10�l, 5T'��AC�, FiANDLIW(�, USE,, Ahl� l�ISPOSA� �Y
PARfICIPATIi�G Cl�'Y O� Af�Y MA���iA�,S ACC���'�D �Y PA��IC�P�►iIRlG GIYI(
UN��R ikilS ACR��M�NY �R014fl FURi WO��H.
�. In regards to materials
�OR�' WORiH M/�K�S
iI�AT:
2.
3.
4.
5.
6.
7.
accepted by residents or businesses ofi Participating Cities,
R�O R�PR�S�NiAYION�, WARRANiI�S OR GUAR�iViI�S
the conta9ner cantents are what #he label indicate5;
the container cantents are those ariginally placed into the container by the
mant�facturer;
the product is af the quafity intended for its use;
the cantents of the container have been stored properly;
ti�e instructions on the container label for use, storage, and first aid are current ar
correct;
the container is in unimpaired condition;
the product is still approved for use (i.e., it �as nat been banned or recalled); and
8, the product can be used without risk to persons, properiy or tY�e en�ironment.
I�URTHE�iViOR�, �LL WARRAI��1�5, �XP��SS AhlD {IV9��1��, �.R�
5��C1�'IG�►��,Y DENI��.
G. Participating City shall attempt to inform its res9dents and busin�sses that if they go to
the Enviranrnenta[ Collection Center to pick up house�old hazardous waste for reuse, a
release of fiability must 6e signed to acc�pt the househokd hazardous waste for reuse.
10
S.
RIGHT TO REFUSE WASTE
Parficipating City agrees that F'ort Worth shall have kY�e right io refuse to accept waste at the
ECC from Pa�ticipating City's resident and to eject such indi�idual from the premises of the
ECC, if in the reasonabl� judgmenf of Fort Wort�:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that
have been established by �'ort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identificafion to establish that helshe is in facfi a
resident of Participating City;
D. Participating City has im�lemented a vo�acher system for its residents to dispose of
waste, and the individual does not have a valid voucher; or
E. The waste or the individual presenfs a hazard to ti�e ECC ar to persons or property at
the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
O� OPERATiON
A. Haurs of Operation
During the term af the agreement, the ECC's hours of operatian are as fo[lows:
Thursday and Friday 11 ;00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m.
B. Days th� En�ironmental Collecfian Center will be closed
During the term af the agreement, the ECC will be closed an the following days:
Thanksgiving Holiday, November 22 -23, 2001
Christmas Holiday, December 24- 25, 2Q01
December 34, 2001 through January 11, 2002, for cleanup and repairs
M. L. K. Day January 21, 2002
Memorial Day, May 27, 2002
Independence Day, July 4, 2002
Labor �ay, September 2, 2002
C. Notifying Residents
Pariicipating City agrees to notify its residents of the ECC's hours of flperation and dafies it will
be close�. Participating City may advertise ti� 24-�our Envirvnmental Cvlfection Center
11
telephone number to give its residents the Enviranmental Co[lection Center's hours. T�te
number is: (817) 87�-5257.
� a.
COMPENSATI4N
As #air compensation for the services provided �y Fart Warth pursuan# to ths agreement:
A. Participating City agrees to pay Fort Worth the sum af $60.00 per househofd per visit to
the ECC or per hous�hold for �ar�icipation in a Mobile Coflection Event to dispase of
househald hazardous waste.
B. If Fort Worth determines that Participating City's MCU oparators improper[y packaged
any flf the HHW delivered to the ECC, Fort Worth shall r�package such waste, anci
Pa�ticipating City shall reimburse F'ort Worth fior it staff time at $20.00 an hour and the
cost of su�pfies.
C. lf a spill accurs at the ECC while the Nan- Fart Wortf� MCl] is still in Participating City's
possessian, Fort Worth sha1E take c�ntrol af the spill response and Participating City will
reimburse Fort Workh �ar iis respanse costs of $60.00 �er hou� staff time and the cost of
sup�lies.
D. The amount due to �ort Warth for services prav�d�d under this Section, Paragraphs A,
B, and C, shall be bi11�d to Participating City quarterly. Par�icipating City shall pay Fort
Worth within 30 days of receiving a bifl fram �or� Warth. l� Fart Worth does not receive
paym�nt within 30 day5, For� Worth shall inform Participating City in writing that it will not
accept any household hazardous waste from Participating City's res9dents and that Fort
Worth will not part9cipate in a rnobile collectian event ar provide a mflbil� callection unit
unti[ paid.
E. At the end of the term ofi this Agreement, Fo�t Worth shall provide a final accounting �o
Participating City, which will include the total number of Participating City's hauseholds
which participated in the program, repackaging fees, if any, and the total cost of spill
response charged�ta Participating City, if any.
F. Pursuant to th� requiremenis af Government Code §791.09 �(a)(3), the amount due to
Fort Worth under Subparagrapn D. abav� shall be paid from revenues curr�n#1y
available fo Participating City in the present fiscal year.
�
12
11. •
ARTWORK, "CAPTAIN CRIJD AND THE CRUDDIES," AND PROMOTIONAL MAT�RlALS
LICENSE AGREEMENT
Fort Worth is the awner of "Cap4ain Crud" and the Cruddies {"�loomer," "�t�a," ""�estie,
'"Scrub," and "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and there#ore al!
ownershi� rights belong to For� Worth. Fort Worth has registered these marks as service marks
with the Secreiary of State.
A. Fort Worth hereby grants to Participating City a nan-transferable, non-excfus9ve license
to use ail the arkwork and prflmotianal materials that may �e provided by For� Warth ta
be used solely in the conduct of the business of Partici�ating Cify's disposal and
recyc[ing of household hazardous wast� programs. If Participating City wishes to use to
Licensed Art andlor promoiionaE Materials in other limited situations, Participat9ng City
must f rst a�tain express written cansent from Fort Worth.
B. For� Warth may provide licensed Artwarfc and Promotional Materials to Participafing City
pursuant to the terms af this Agreement. Participating City acknawledges that by virtue
of this L.9cense, Participating City acquires only the right to use the ariginal and permitted
duplicate cop9es of the Licensed Artwork and Promational Materials and does not
acquire any rights of ownership in tF�e Licensed Artwork and Pramotianal Materials,
which rights shall remain exclusively with �ort Warth. if Participating City wants to madify
or change the artwark andlor promational materials in any manner, Participating City
here�y agre�s to cantact Fort Wor�h in writing ta abtain written cansent before modifying
or cha�ging any arlwork andlor promotional materials. �
C. if Participating City desires an actor to portray "Captair� Crud" for an event, Par�icipating
City sF�a[I use actors approved by Fort Worth to portray "Captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating City shall be saleiy responsible far
compensating actor for the services provicled ta Participating City. Participating City will
contact Fort Warth as soon as possible with the date and time of the even# agreeable to
both par�ies to obtain appraval for t�e chosen actor and to reques� and pickup the
"Captain Crud" costume for its events. For� Worth will provide the "Captain Crud"
costume. However, Partici�ating City agrees to b� iiabfe to Fort Worth for any damage fo
the costume or if Participating City faifs to return the entire costume to Fort Worth or if
the costume is not returned in the same candition as recei�ed.
12.
IMMUNITY
It is expressly understaod and agreed tt�at, in the execution of ti�is Agreement, nane of �he
participating cities waives, nor shall be hereby deemed ta waive, any immunity or defense thai
wauld otherwise be availab�e to it against claims arising in the exerc€se of gavernmental powers
and f�nctions, and that the services described in this Agreement are a governmental functi�n.
13
13.
FORCE MAJEURE
A delay or failure o# �ort Warth to perform services pursuant ta tnis A�reement shall be excused
fo the extent that the delay or failure to perforrn res�lted from a force majeure e�ent, and the
defay or failure was b�yond the cantrol af Fort Worth and not due t4 its fauit or negligence. ��
Partici�atir�g City shall not have, and hereby waives, any claim whate�er for a�y damages
resulting fram delays or failure to perform caused by a force majeure event.
14.
TERMWAT{�N
The parties shall each have fha rig�t to terminate the Agreement for any reason, with or without
cause, upon thirty (30) days written notice to the other party. L]pon termination, the pa�iies sha{I
be released fram all contractua� obligations to the other party excluding "U5E OF WASTE
DISPOSAL.IRECYCLING FIRMS FOR HOUS�HOLD HAZARDOUS WASTE" {Paragraph 6)
"REUSE O� COLLECT�D MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AN� THE CRUDDIES," AND PR�MOTkONAL MATERIALS L[CENSE AGREEMENT
{Paragraph � 1 }. .
15.
NOTICE
Any notices required to be give�t under this Agreement s�all be deliv�red as follows:
If to Fort Warth:
Brian Boerner, CHMM, Director
Deparkment af En�ironmental Managemenf
City of For� Worth
1000 Throckmorton
Fort Worfih, Texas 76102
If to Participatint� Citv:
1."�. fl'1 ��n��e
�/g ���z .
4! � y
P_,Ltl � '� ��
1fi.
ENTIRETY
This Agreement contains all cammitments and Agreements of the pariies hereto, and na other
oral or written commitm�nts shaif have any force ar effect if not contained herein, except that
this Agreement can be amerrded or modified by the parties if such amendmen# flr modification is
in writi�g and signed by Participating Ciky and �ort Worth.
14
17.
SEVERABILITY
In the event anyane ar more of the provisions contained in this Agreement shall fior any reason
be held ta be invafd, illegal, or unenforceable in any respect, such invaiidity, ilfegality, or -
ur�enforceability shall not affect any other pr�vision thereof and this Agreement shall be
consirued as if such invalid, illegaf, or unenforceabfe provisions had never been contained
herein.
18.
VENUE
Should any actian, real or asserted, at law or in equity, arise out of the terms and conditions of
this Agreement, v�nu� far said actian shall !�e in Tarrant County, Texas.
19.
AUTH�RITY
This Agreement �s made for Fo� Worth and Participaiing City as an Interkocal Agreement,
pursuant to Texas Governm�r�t Code, Chapter 79'i.
2a.
AUTHOR1ZATiON
The un�ersigned officers andlar agents of the parties hereto are properly autharized afficials
and have the necessary authority to execuie this Agreement on behalf of the parties hereto, and
each �arty hereby ee�tifies io the other that any necessary resolutions extending such authority
have beert duly passed and are now in fu11 fflrce and effect.
'I5
EXECUTED 1N TRIPL.ICATE
CITY OF FORT WORTH
By: .
� ,�C�� _ �
L�by Wat n
Assistant City M ager
Date: /��f:��l�
A T: - "
�
/�
��
�G'laria P ars n
City S retary
By:
� �,���r,�-.�---
Printed name: d�,�, IYI�,�o�l�
Tiile: Mayor
Date: �:�,?�-!�I
APPROVED AS TO F�RM
ANI� I FGALITY�
�'� f.� ►�«
_�
A� ;c��n; C9ty Attorney
ATTEST:
-.�.� .t, ����.�-1...�
9ty Secr�t�ry �
:� /� `���
Cor�tract autho�-izat�on
/� .� ��-c�r
Date
� s �. ���B�SQ� ���U��
:p� ��'���Vl���
, ��. ��?'� ��.
�
APPROVED AS TO ��RM
❑nlfl 1 �C,fll 1TV•
Exhib9t "A"
F��S'[°�C€�CIRlG �I�Y ��� �H� MO�ll.o� C������I�N �INl�
� fVla�erial Amoun� �esgocked � Special iVeeds �emarks ��
55 gallon open tap Amount taken aff tt�e
drums (flpen top for trailer
loose pac�Cs}
55 gallon drums Amount taken off the
(closed top} (oil, trailer
antifreeze, bulk
flammable materials
and one exira} .
�iber drums (55 or 3a �
gall�n) A�rosals, Amount taken off the
acids, bases and trailer
oxidizers)
Gaylord box lin�rs
{plastic) Amaunt taken aff the
traifer
55 gallon drum li�ers
Amount taken off the
trai�er
5 gallon buckets
(fiiterslhaz chemicals) Amc�unt t�kan off th�
trailer
Survey Farms
Amount taken aff th�
irailer
Lab�lsldrum placard
Amaunt taken aff the
trailer
Gaylord boxes
Amount taken aff the
traifer
Absorbent pads
Amour�t taken off the
trailer
Vermiculite
Amount talcen off the
tra9ler
Oil dry
Amount taken off the
trailer
lPromatianal Materials
I & Brochures Amount needed
17
'� ,_
E�chibit "B"
WAIV�R AND RELEASE OF LIABILITY �OR. COL.LEGT[ON OF H�USEHOLD
HAZARDOUS WASTE
I b�ing the owner of �rap�rty located at
f�ave been asfced by the Cfty af to allow a mobil� collection
event on my property io coElect household hazardous waste on the , 200� .
{n cansideratian of , f hereby give my permission to the City ofi
to ha[d a household hazardaus waste collection event on my
property in which the City of has asiced the City flf For� Worth
to send its mabile collection unit ta collect tE�e household hazardous waste t�at is braught ta the
�vent.
Therefore, in consideratian of , I her�by RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City af Fort Worth or its officers, agents,
and employees and th� City af and its o�cers, agents,
andlor employees for any and all claims, deman�s, liability, causes af actian, actions or suits of
any character that I may nave against the City of Fart Warth or its officers, agents, andlar
employees and the City of ar its officers, agents, and/or
employees for ar�y property bss or damage, fnr any and all personal injury including death or
any other damage of any lcind or charac�er which may arises ar that arises from allowing the
City af to hold a househald hazardous waste collection event, in
which the C9ty of �art Worth sends its mobile colleciian unit on my prap�rty.
1 ha�e read this Waiver and Release and fully ur�derstand its terms and conditions. I ha�e not
been infEue�ced in any exier�t whatsoever by any representatian or statements no# cantained in
this Agreement, 1 hereby acknowledge that this Waiver and Release is g�ven in consideration of
5ignature Date
Witness
`[:
�'iiy o,�`.�'o�� �vrih, �'eacas
I �, �+ �' i i'� �y �� � i
������ ������
dAiE R�FEFtENC� NllMgER I�OG NAM� PAG�
� 0�9/01 **�-'� �'�7`� �2COLLECTION 1 of 2
SUSJECT APPROVAL OF I�JTERLaG� l. AGREEMENTS WITH 1�ARI�US I�tl�..INICIRA�.ITIES FOR
THEIR PARTICIRATIflN AT THE EI�VIR�I�MENTpL COLLECTION CENTER
RECOMMENDATION: �
ft is recvmmended thaf ti�e City Council a�thorize the City Manager to execute interiocal Agr�ements
with variaus municipalitieslentities far their participation at the Enviror�mental Coliection Center.
DISCUSSION: ~ ��
The Ciiy's Environmental Collectiori Center is now in its fifth year of operation collecting i�ousehoi�
hazardaus waste fram the citizens af Fart Warth and surrour�dir�g c�mmunitfes on a year-raund basis.
Ir� order for n�r�-Fort Worih citizens #a participate at the center, each municipality is required to ent�r
inta an lnter�ocal Agreement with the City of Fort WarEh.
Last year, 23 area communities signed participation agreemenis with the City. For the upcoming year,
we expect that number to rise ta 24 �ommuniti�s. T�e rate per ho�sehold far the periQd covered by
these agreements (Octaber 1, 20a1, ti�rough September 30, 2fl02} is $G0. It is anticipated that
approximately $3��,OU� wi11 be coll�cted under ihese agreem�r+ts.
This agreement outlines the respans�bilities of each party, establishes th� rate tar participation, artd
delineates the use of service�marked public educa#±on material. The Gi#y is responsible far the c�vera}I
aperation oi th� center, including contracting with a hazardous waste dis�osal company for
transportation and disposal of materials collected.
The faliawing entif�es have expressed an intet-est ar have already commiited to participation for the
periad Oc#ober 9, 20f�1, through Se}�tember 30, 2Q02:
Ariingian�'
Benbroak
Everman*
Grapevine
K�II�r
Richland Hi�ls*
Stephenville
Unincorporated Tarrant County
Azle
Burteson
EUi�55
Haltom Ciiy
I�ewark
River Oa�s
Southfake
Ven�ts
Bedford
Colieyville
Grar�d Prairie� �
Hurst �
North Ric�land Hil1s
Saginaw
lJpper Trinity Regional W�ter
Watauga
*Th�se municipalities are �xpected t� participa�e, bU# F�ave no# yet re�urnecl th�ir approved agreements.
�ity of'Fort i�orth9 Te�as
�l��o� a�d ����c� �
�o �n���t�on
DA�E RE�r�Fi�NCE Nl]MBER I.UG NA1VI� � NAvE
�p�g�fl� **�0��77� 52COLLECTION 2 af 2
sua�ECT APPROVAL OF iNTER��C L AGRE�M�N f 511V1 I H vAK UU5 MUNICIPAI.iTiES �OR
THEIR PARTICIPAT�ON AT THE ENViRONMENTA�. C4L.l.ECTION CENTER
F15CAL INFORMAT44NICERTIFICATION:
The Finance �irector certifies that fhe Environmental Management Deparfime�t wiN be responsible �or I
the colEection and deposi# of funds due to the City ui�der thesa agre�ments.
LW:k
Subm'stted t'or C'sty Manager's
Of�ce by:
Libby Watson 6183
OriginatEng Department Hesd:
Brian Baemer 8079
� FLfND ` ACCOUNT
I (to)
� R� as �8azzo
I-
�
� (from)
CEI�TER I AMOUNT
os2��oo �
CITY SECI��'ARY
1
!
� APPROVED 10/09/01
DATE
1 D19101
su���cr
�ity o� f'1�'a�t T�o�i�i, T'exas
����� a�� �oua����
������ ���� ��
R�FER�NCE NUMBER LOG NAME � �� � �� �� � �� PAGE �
**�_� $'T77 �2CO�.LECTiON 3 of 2
APPROVAL OF INTERLOC l. AGREEMENTS W{TH VAKI(.?U� IIII�M�.�IPALiTIES FOR
THEIR PARTICfPATION AT THE ENVIRONMENTAL COLLECTiON CENTER
I Addifional Informatinn Contact: '
Brian Boerner
�
8079 I —
�-