HomeMy WebLinkAboutContract 27141�
C17Y ��CR�YP��V - �
CQN��ACi f� . _ . . :;_ �f�
INTERLOCAL AGR�EMENT FOR PARTICIPATION IN �ORT WORTH'S
ENVIRONMENTAL COLLECTEON CENTER
HOUSEHOLD HAZARDOUS WASTE PR�GRAM
�
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule
municipal corporatior� s9tuated in Tarrant and Der�ton Counties, Texas, hereinafter called "Fort
Worth," aciing herein by and ±hra�agh Libby Watson, its duly authoriz�d , ssistant Ci#y
Manager, and (�:t�__ ( ��.c,a-. a municipal9ty situated in
Texas, hereinafter calle� " rticipaiing City," acting herein by and through �
its duly authorized �i��v
WITNESSETH
WHEREAS, Texas Government Code, Cha�ter 791, a�thorizes the formulation of interlocal
caoperation agreements bet�+veen and amang local governments; and
WHEREAS, Texas Government Code, §791.011 pravides that a lacal government may contract
witf� a�nther to �erform go�ernmental functions and services, and §791.003(3)(H) defines waste
disposal as a gavernmental functian and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local gavernment may agree
with anoth�r local governme�t to purchase services; and
WHEREAS, Fart Wor�h and Participating City desire ta ent�r into an interlocal agreement
wher�by Fort Worth will purchase tE�e services of a waste dispasallrecycling fi�m or firms and
wili admir�ister a household hazardous waste collection pragram; and
WHEREAS, For� Wor�Y� and Participating City mutually desire to be subjec� to the provisions o�
Texas Governmer�t Code, Chapter 791, �so known as the Interlocal Cooperation Act.
NOW TH�REFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a pro�ision in this Agreement explicitly states otherwise, the following terms and
phrases, as used in this Agreement, shall ha�e the mear�ings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operatiar�
of tt�e forces of na#ure, uncontrolled or uninfluenced by #he power of huma�s and without
human interventiar�.
Bill of Ladinq lists the contenis of t�e mobile collection unit.
Environmental Collection Center {ECC? means the City ofi F'ort Warth Department of
Environmer�taE Manageme�nt faciEity lacated at 640D Bridge Street, Fort Vllorth, Texas,
which is to be used by Fort Worth for the aggregation of household ha�ard��, ►n�#p�
� ,
ra7 ' �
� : ��1`( ��'������i
��'tl- �Y�xY�i ���
thai have beer� brought #o ih� facility by participating cities' househalds far st�bsequent
recycling, disposal, andlor reuse.
Environmental damages means all ciaims, judgments, damages, losses, penalties, fines,
liabilities (including strict liabilit�), encumbrances, liens, costs, and expenses of
investigat�on and defense of ar�y claim, whet�er or not such claim is ultimately defeated, -�
and of any good faith settlement or judgmen#, of whatever kind or nature, contingent or
a#�erwise, matured or unmatured, foreseeable or unfor�seea6le, including withnut
fimitati�n reasonable attarney"s fees and disbursements and consultant's fees, any of
which are incurred subsequer�� to the execution of this Agreement as a result of #he
handling, collection, transpartation, storage, disposal, treatment, recovery, andlor reuse
of waste pursuant ta this Agreement, or the exist�nce af a violation vf environm�nial
requ�rements pertaining to same, and including withaut limitation:
{a) Damages for personaf injury and death, or injury io property or natural resources;
(b) Fees incurred far the services of ai#orneys, cansultants, contractars, expe�ts,
iaboratories and all ather casts incurred in connection witt� �F�e investigation ar
remediation of such wastes o� viaiatian of environmental requirements inc�udir�g,
but not limited to, ti�e preparation of any feasibifity studies or reports or the
pertormar�ce of any c[eanup, remediation, remaval, response, a�atement,
containment, ciosure, restoration ar monitaring work requ9red �y any federak,
state ar local gavernmental agency or politica� suhdivision, or otherwise
expended in connection with the existence af such wastes or violaiions of
envira�mental requirements, and including without limitation any attorney's fees,
costs and expenses incurred in enforcing this Agfeement or ca�lecting any sums
due hereu�der; and
(c} Liability ta any third person or governmental agency to indemn9fy such person or
agency fQr costs expended in connection with the items refer�nce� in
subparagraph (b) herein.
Envi�onmental requirements means aIl applicabEe present and fiutu�e siatutes,
regulations, rules, ordinances, codes, licenses, permits, ardefs, approvais, plans,
authorizations, concessions, franchis�s, and sim�lar items, of all gavernmer�tal agencies,
departments, commiss9ons, boards, bureaus, or instr�mentalities of the United States,
states, and pafi�ical subdivisians thereof and all a�plicable judicial, administra#i��, and
regulatory decrees, jUdgments, and orders relating to the protection of human health or
tf�e en�ironment, incEuding without �imitation:
(a) All requirements, including but not limited to those perEaining to reportEng,
licensing, permitting, investigation, and remediation of emissians, discharges,
releases, or thr�atened releases of hazardaus materials, pollutants,
contaminan#s, or hazardous or iaxic substances, materials, or was�es whether
solid, iiq�id, or gaseous in nat�r�, into #he air, surFace water, graundwater, skarm
wat�e, or land, or relating to the man�factu�e, processing, distribution, use,
treatment, starage, �is�osal, transport, or handling o� pollutants, contaminants, ar
hazardous or toxic substances, materials, or wastes, wh�ther solid, liquid, or
gaseaus in nat�re; and
2
(b) All requirements pertaining to the protection ofi the health and safety of
employees or the public.
Farc� maieure means decrees of or restraints by a govemmental instrumentality, acts of
Gad, work s#appages due to labar disputes or strikes, fa9lure af Fart Worth's -�
contractor{sj to perform pursuant to tt�eir agreements with Fort Worth far tha conduci of
the collection af househo�d hazardous waste, fires, explosians, epidemies, riois, war,
rebellion, and sabatage.
Househald hazardous waste (HHW� means any solid waste generated in a household by
a consumer which, except for t�e excl�sEon provided for in 40 CFR § 261.4(b}(1}, would
be classified as a hazardaus waste under 40 CFR Pa�t 261.
Manifest means the uniform nazardous waste manifest form(s) furnished by the TNRCC
to accompany shipments of municipal hazardous waste or Class 1 �ndus#rial solid waste
for waste transported ta a s9te in Texas, ar the camparable manifest of ihe receiving
state if the waste is iransported aut of Texas.
Mobile collection event means a household hazardous waste collection event by
Participating C�ty utilizing a mobile collectiar� un9t.
Fort Worth Mobile collection unit iMCU} means a non-self-propeNed vehicle used for the
periodic collectian of household hazardaus waste by Participating City, off-site of the
ECC, which is trar�sparked to the ECC to dispose of the household hazardous waste
collected at the mobife collectian event. The Fori Worth Mob91e Col[ection Unit is
designed to hald the hazardous waste of approximately 54 to 75 households.
Participatinq Cities, when us�d in the plural, means Fort Worth, Participating City, and all
other entities which have entered into interlacal agreements with Fort Worth for the ECC
household hazardous waste collection program.
Person means an individual, carparatian, organization, governmeht, or governmental
subdi�isi�n or agency, business trust, partnership, assaciatian, or any other legal enti#y.
Waste has the same mean�ng as "�oiid waste" as #hat term is de�ned in Texas Health
an� Safety Code §361.003, and ir�cluding hazardaus substances.
B. Unless a provision in tY�is Agresm�nt explicitly states otherwise, the following
ab�reviations, as used in this Agreemen#, shaH have the meanings hereinafter
designated.
CERCLA - Cflmprehensive E�vironmental Respanse, Compensation, and Liability Act.
CPR - cardiopulmor�ary resuscitatian.
D�T - United States Department af Transportation.
ECC - Environmental Collection Center.
3
EPA - l]nited States Environm�ntal Profiection Agency.
HAZCAT - hazardous categarizatian.
HAZWQPER - haz�rdous waste operatians and emergency response, --
HM - hazarda�s materials.
HHW - nausehold hazardous waste.
MCU - Mobile Collection Unit.
2.
PURPOSE
Th� purpose af this interlocal agreement (hereafter "Agreement"} is the �rovision af services by
Fort Warth fio Participatir�g City whereby, subject to tF�e terms and cor�ditians speci�ed belaw,
Fort Warth wiil admin'rster and supervise a regional household hazardous waste collection
program, which will be available to hfluseholds within Participating City.
3,
TERM
This Agreement shall be effective from the dafe the last par�y has sigr�ed this agre�ment
through September 30, 2002.
4.
SERVICES OF �ORT WORTH
�ar# Worth agrees ta perf'orm the following services for Par�icipating City in connection with tf�e
ECC houset�ald hazardaus waste collection program:
A. �ort Worth will administer a regi�nal hausehold hazardaus was#e collection pragram.
This pr�gram will include ihe �peration of the Enviranmenfal Collection Center, which
will accept for �isposal andlar recyclir�g household hazardvus waste from hauseholds
located wi#hin Participating Ciiy. Fort Worth shall no# acc�pt compressed flammable gas
contain�rs; radioactive materials; explasives or potentially shock sensitive materials;
biological, eiiolog�c, and infectiaus maferials; wastes from businesses; and any other
wastes that Fort IlVarth has determined are unacceptable.
B. Fort Worth will employ ar retain personnel to provide the services necessary to perform
Fort Wor�h's obligatians in this Agr�ement.
C. �ort Worth will enter into a contract(s} with waste disposallrecycling firm(s) for the
handlir�g, cQllection, transportation, storage, disposal, treatment, recovery, andlar reuse
of household hazardous waste, which is coAected at the ECC.
4
D. F'ort Worth will, if requested in writir�g by Participating City, pro�ide Participating City wiih
copies of waste manifests far shipments afi was#e from #he ECC.
E. For� Wartf� wiil, i# requested in writing by Participating Ci�y, prov�cie Participating City a
manthly repart of the Participating City's households wF�a disposed of hausehold
hazardous waste at the Environmental Gollectian Center or a Mobile Collectian Ev�nt. -�
F. Fort Warth will issue a repor� and a bill at the end �f each quarter �etaifing the number afi
Participaiing City's ha��ehalds that disposed of hausehald hazardous waste at the
�nviranmental Collection Center or ak a mobile coflection event.
G. Fort Worth will act under this Agreement in accordance with al1 applicable state an�
fed�ral laws.
H. Non-Fort Worth MobiCe Collecfion Unit
9. Fort Worth agrees to accept househald hazardous wast� fram Participating City's
MCU in accordance w�th S�ctian 5, af this agreement.
2. Fort Worth agrees to restock the items it removes from Participating City'sMCU,
how�ver, Fort Vllorth shall only restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
Mobile Callection Events —Usi�q Fort Wo�ih's Unit
1. If ParticEpating Gi�y would fike to schedule a mobiie callection event wiih
the �'ort Worth Mobile Coliection Unit, Fori Wortri wi{I send Participa�ing
Gity a list of available �ates. Participating City wi�! cantact �ort Warth as
soon as possi6le tfl schedule f3�e dat�, iime and location agreeable to
botih parties,
(a) Loca#iart
If Participating City chooses to hold the Mobile Calfection E�ent on
private property, Parkicipating City shall obtain a signed waiver
from the awner Qf the property 1 week priar to the e�ent. The
waiver shall be in the form of Exhibit B ar similar form approved by
Fort Wor�h. The s9gned waiver must be sent to Fort Warth '! week
before tf�e Mabile Collection Event. If the signed waiver is not sent
ta Fart Vllorth 1 week befiore the Mobile Callection Event, Fort
Worth will not send the F'art Wo�t� Mobile Coflection Unit to the
event and Participating City will, in no e�ent, be e�titled to any
damages of recavery of any costs, except as provided herein.
(b) Availabie Dat�s
Participatin� City acicnowledges that Fort Worth co�tracts with
otF�er munic�palities and that Fort Warth wiil be accommodating
each Participatir�g City's request on a frst �come first served basis.
Therefore, Pariicipating City acknowledges that its chosen date io
schedule a mobile co[lectian event may be reserved by another
City and Participat�ng City will have to choose ano#her daie.
5
Participating City will, in no e�ent, be entitled to any damages or
recovery of any costs, except as pravided herein.
2. At the Mobile Collection �ver�t, Participating City acknow�edges and agrees that
Fort Worth shall accept household t�aza�dous waste from the first �0 ho�sehalds
that show proaf af residency at the Mobile Collection Event. After the frst �0 -�
households, Fort Worth will determine in its sale discretion Mow much mare
waste it can accept and stare properly. If mor� househaids arrive at the eve�t
than Fart WQrth can accept, Parkicipating Ciiy will in no event be entitled fo any
damage of recovery of ar�y costs, except as pravided herein. �
3. �ue ta the lack af storage space at the ECC, Participating City ac�cnowledges
and agrees that if it requesks the Fort Worth Mobile Collection Unit at a mobile
collection event, a Partici�ating City's Non-Fort Worth Mobile Collection Unit shall
nat afso be at the ever�t.
�4. City, in its sole discretion, wi11 d�termine whether to send the F'ort Warth Mobife
Collection Unit ta Participating City's Cofl�ction Event during adverse weather or
the threat of adverse weather incl�ding but nat limited to sleet, snow, rair�, mist or
hail. In the event Fart Worth det�rmines not to send #l�e Fort Worth Mo69[e
Callection Unit, Fort Worth shall notify persons listed in Section 5, Paragraph A
and shall sen� a Fort Worth employee to the Par�icipating City's eve�# to #el1 any
residents khat come to dispose of household hazardous waste; 1) that the Fort
Wort� Mobile Collection Unii will not be coming ia tF�e event, and, 2) that the
resident can go io the ECC to dispose of the waste and pravide a ma� to the
ECC.
5.
DUTIES aF PARTIClPAT(NG CITY
Participating City agrees to perf�rm the follow9ng duties in connection wit� t�e household
[�azardous waste collection progra�n:
A. Participating City will designate ane of its employees, and ar�other as an alternate, to act
as its hous�hold hazaFdous waste collectifln coardinatar to interact with Fort Worth.
Designated person is: telephane number:
Pager number or 2�4-haur number where t�e or she can be reached:
Alternate person is telephane number: �
Pager number or 2�-hour number where he or she can be reached:
g. Par#icipaiing City will coordinafe and fund all pragram adv�rtisir�g targeted to its awn
cEtizens, as it deems necessary. Such advertising sha11 ir�clude tt�e type of wastes that
wi{I be accepted at ihe ECC, the requirement afi proof of residency ar�d weather
canceHation informatian.
[:�
C. Partic�pating City shall notify its residents of the ECC hours of operation and daies it is
closed as provided in Sectian 9"The Environmenta� Collection Center Hours oi
Operation."
D, Participating City may ehoose to utilize a va�cher system for lts residents in order far
them to bring HHW to khe ECC. If Participating City chooses to use such a system, it µ�
shall natify Fart Worih of the d��ision, and shall �rovide Fort WortF� with a c�py af the
official voucher. In addition, if a citizen from a Participating City that utilizes a voucher
system comes to the ECC or a mabile collectian eveni without a voucher, Participating
City ac[cnowledges and agrees that �ort Worth wi1[ not accept the household hazardo�as
waste ur�til Participating City authorizes the acceptance in writing.
E. Participating C9ty may submit a written request for a monthly report listing the number of
its city's households that have disposed of hausehold hazardaus wast� at the ECC or a
mobile collection event.
F. Participating City st�all pro�id� traffic control and signag� for t�e mabile collection
events, and shal! provide pBrs�nnel to assist Fart Wo�th with tne survey and screening
of persons droppi�g off household hazardous waste. The part9es prior to the event shall
agre� upon the details of the trafFic control, signage, and personnel assistance.
G. Participatina City's Mabile Co[lectian U�its Callectind Housenol� Hazardo�as Was#e
1. Partieipating City shall advise ti�e �CC program manager at least 72 hours in
advance af its mobile coUection e�ents. Participating Ci#y shall collect anly HHW
during a mobile callectian event. Wastes from cammercial, agricultural, and
�ndustrial source5 shall not be accepted. Participating City shall not accept
compressed flammable gas containers; radiaactive materials; explasiWes or
potentially shock sens9tive materials; biological, etiaEagic, and infectious
materials; and any other wastes that Fort Worth �as determin�d are
unacceptable.
2. In accordance with th� latest DOT re�uirements, f'ariicipating City's MCU
operatars will properly cate�oriz�, package, mark, label, and load �nto the MCU,
ali wastes rec�i�ed at the mobile collection event. Recyclable products (used ail,
used oil ��ters, latex paint, recyclable an#i-freeze, lead-acid batteries, and
fluorescent lights) will be segregated into containers f�r recyclables.
3. After accepting .wastes, Parkicipating City's MCU aperaiars sha�l thnroughly
cheek each container for proPer labeling and identification. If a con#ainer is
- properEy identified, the materiaf will be segregated accflrding to hazard class and
prepared for packaging. If a con#ainer does not have adeguate labeling fo permif
identification, the MCU aperatars shali then attempt to identify #he material frflm
its physical characteristics using HAZCAT analysis a�d #rom information provided
by the hausehaid pres�nting the waste.
4. The Par�icipating City's MCU aperatars shall package all hazardaus materials in
accordance with United States �epar�ment of Transpartation (DOT)
requirem�nts, United States En�irar�menial Protection Agency (EPA)
7
requirements, and all o#�er ap�licabl� federa! and sta#e requiremenis. After all
the wastes nave been praperly identified and segregated, the MCU aperators w9fl
reexamine the wastes far compati�ility, list them on the container content sheets,
and pack them into drums, Oil-based paints and latex paints shall be bulked
s�parately ln 55-gallor� drums, or if the paint is left in its container, the pair�t can
be packed in a lined cubic yard bax, and paciced and labeled according to federai "
an� state regulatians. Participating City sha{I not transport waste that is not HHW
ta the EGC. Participating City agrees to make its own arrangements to dispnse of
any non-HHl�ll waste colfected at t�e evenk.
5. Prior to transporting the HHW from the callectiort event site(s), Partic�pating City's
MCU op�ratars shall complete a Bilf of Lading, and shall keep ihe Bill o# Lading
in the cab of the truck hauling the MCU during transpartation of the HHW to t�e
ECC. Pa�icipatirtg City shall r�c�uire that a minim�m of one copy af the latest
North American Emergency Respanse Guidebaok be kept within the cab of the
iruck.
6. During transportatian, Participating Ciiy's MCU operators shall placard the MCU
for transpartation of f�azardous waste �n accordance with federal and state law.
7. lJpo� the return ofi the MCU to the �CC, Participating Ciiy's MCU operators shall
follow the instructions of Fort Wor�h regarding. the placement of the MCU fior
+�nloading. Fart Warth st�a11 take possessian of the MCU frflm Participating Ci�y
after th� MCU has heen proper�y parked for unloading in accordance with Fflrt
Wortf�'s insfructions and all re�uired doeuments have been delivered to the ECC
pragram manager or his designe� ai the ECC. Fort Warth shall, within a
reasonable amount af time, unload the HHW from the non-Fark Warth MCU and
stare the HHW at the ECC.
8. If Fort Worth, in its 50iB discretion, determines that Participating Clty's MCU
operators improperly packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating City shaf[ reimburse Fort Worth as
s�t forth in Section 10., Paragraph B.
9. If a spill accurs at the ECC while the MCU 9s sti[! in Participat`rng City's
possession, Fort Worth shall take contral of t�e spill respanse an� Participating
City wi1{ r�imburse Fort Worth for its response costs as set forth in Section 1�.,
Paragraph C.
- B.
USE OF WASTE DlSPOSALIRECYCLING FIRMS FOR H�USEHOLD HAZARDOUS WASTE
A. Fort Warth wi�l er�ter into a contract(s} with waste disposallrecycling firm(s) fior #he
handling, collection, transportat�on, storage, dispasal, treatment, recovsry, andfor reuse
of household hazardous waste, which is collected at the ECC.
B. Such firm(s) shall be required pursuant to the cantract{s) ta assume generator status for
the waste collected, {excluding used ail, 1�a8-acid batteries and antifreeze) to choose a
�
disposal site �ar the waste subject ta �art Worth's approval, and ta indemnify Fort Worth
and participating cities against any and al{ en�iranmental damages and the violation of
any and all environmental requirements resulting from the handling, collection,
fransportation, storag�, disposal, treatment, recovery, andlar r�eycling of waste col[ected
pursuant ta this agre�ment, when said environme�tal damages ar the violation of said
envfronmenfa! requirem�nts was the result of any act or omission of contractor, its ��
offic�rs, agents, emplayees, or subcontractors, or #he jaint act ar amission of contractor,
its ofFic�rs, agen#s, employees, or subcontractors and any other person or entity.
C. �k� PARi I�S ��COCP]lZ� �'H�oi /��iHOUGFi YH� �IRIV� (S} WELL �� R�QUIR��
TO ASSUIVI� C�A��RA�OR Si�iUS, YH1S ASSUMPiIOP! WIl�� N4i R��II�V�
Pe��ilCl�'p,T1PlG GIiY O� �IA�iLITY �OR T'i�� F�AS�� L�iV��R F�D�RAL L�1dV
AN� STA►T� LA1N. Fort W�r�h will arrange for recycling vendors for used oil, batteries,
antifreez�, and other materials, as it deems appropriate,
7.
REUSE OF' COLLECTED MATERIALS
A. From time-tatime Fort Worth will make available ta residents and businesses of Fort
Warth, as well as, Parkicipating Cify and residents and businesses of Part9cipating City
for their use, �alleeted household hazardous waste materials ihat are suitable far reuse,
such as paint, fertilEzer, motor oil, and antifreeze. F'ork Wor#h shall not charge for any
materials fhat are picked up for reuse.
B. Some materiaEs made a�aifable for reuse may have been consolidated and fi�t�red by
Fort Worth prior to being made available. Used antifreeze will have been consolidated in
a barrel, fiftered, and pH baEanced, and new antifreeze may F�ave b�en added ta the
barrel.
C. In regards to materials accepted by Participa#ing City, FORi WO�iHI IV�A�t�S F!O
���R�S�R�TAiIOIVS, WARf�ANiI�S OR Cl1�RAiViIFS TFf�4%
7. the container contents are what the Eabel indicates;
2. the contain�r conten#s are those original{y placed inta th� container by the
man�facturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on tf�e container 1abe1 for use, storage, and first aid are current or
correct;
B. the container is in unimpaired condition;
7. the product is stil! approv�d for use (i.e., it has not been banned or recalfed); and
8. the product can be used without risk to persons, property or the environment.
�U��H�FtIi��FtE, AL'� WARR�.1ViI�S, �X�F��SS �.Rl� IM��I��, AR�
���C1FlC�LLY ��MI�B.
D. Participating City shall cnn#act the ECC program manager to arrange a pickup time to
o�tain materials. Participating City agrees that it shall not return toFort Worth, directly or ��
indirsctly, any materials it obtains from Fark Worth under this paragrapfi.
E. !iV R�G�►��S i� MA`T��IA�S ACCFPY�� �Y P�4RilCIPA7IN� CI�Y',
�,4RiIC1��iIiVG ClTY 130�5 �1�R��Y W�IV� A�� CLAIMS, IiVC�U�Ih6C
PRO�UCiS �IA�ILIT� CL.r4lNi5, A�'D f��L��►S�S, .��lD Fi�L�S HR��V��SS ibE
CfiY �� �ORi !lII�R�'H, AWD ALL, O� fiS OFFICIALS, OF�IC�RS, E[�iF�LOY���,
AC�NTS, APl� VO�.Uf�iE�RS, �N ��TH YFf�[R PU�LIC �N� ��IVATI�
CA��1CIif�S, �ROIVI AMY AND ALL E.IA�ILIiY, CLAIMS, SU1iS, DFi�VIAN�S,
�,X��NS�S �F LIYI�Cl�iION, O� CALIS�S 0� AC�IOIV VVkiICb IVIAY �RIS� BY
I�E�ISOR! O� IAIJURY YO P�RSONS, L0�5 O�r PROP���lf, �7po�flAGE ��
P�O��l�iY, O� L�SS �F US� O�' AlVY PRDP��tiY , OCCASIOPIEf� �Y 'ib�
Y�[�5�0��'A�'IOW, SiO�G�, bANDL1iVC, USE, �.N� �1S�'OSAL BY
pAR�ICIPAiifdC CIYY O� APlY IVI�iERIA�S ACC�pi�� BY F'ARiIClPA�IiVC CIT'1(
UiV�CR T};�S ACR��[Vi�RlT ��OM �'�FtT IiVOR�H.
F. ln regards to mat�rials accepted by residents or businesses of Participafing Cifiies,
�ORT 1di11�RiH 1Vi�►K�S �10 R�PR���NTATIONS, WARRAf�il�5 OR CLJAoRAI�TI�S
ibl.�i:
1. the container contents are w�at the labe{ indicafes,
2, the container contents are those o�iginally placed into the container by the
manufacturer;
3. the product is of the qua{ity intended #or its use;
4. the contents of the contafner ha�e been stored properly;
5. the insiructions on the container label for us�, storage, and first aid are current vr
carrect;
6. the container is in unimpaired condition;
7. the p�oduct is still appraved for use (i.e., it has not b�en banned ar recaEled}; and
8. the �roduct can be used without risk ta persons, proper�y or the environment.
�URibFR[VIO��, A�L W�'.RRA�IT1�5, �X�Ft�SS f�N� I[�IIIPLI�D, poR�
SPECII�ICl���Y ��i�lEf�.
G. Participating City shall attempt to infarm its res9�ents and businesses that 9f they go to
th� Enviranmental Collect9on Center to pick up houset�old hazardous waste for reuse, a
release of {iability must be signed to accept the househald hazardous waste for reuse.
10
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall ha�e the righf to refuse to aece�t waste afi fihe
ECC fram Participating City's resident and to eject such indi�idual from the premises of the
ECC, if in the reasonable judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, ar that
have been established by Fort Worth subsequent to the executian of the Agreement;
C. The individual does not have sufficient identification ta establish that helshe is in �act a
resident of Parkicipating City;
D. Participating City has implemented a voucher system for its residents to dispose of
wast�, and the individual does nat have a valid vaucher; or
E. The waste or the individual presents a hazard to the ECC or to persans or prop�r�y at
�he ECC.
9.
ENVIRONM�NTAL COLLECTION CENTER H�URS AND DAYS
OF OPERATION
A. Haurs of Operatifln
During #he term of the agr�ement, the ECC's hours of operaiion are as follo►rvs:
Thursday and Friday 11 :00 a.m. -7:Oa p.m.
Saturday 9:�0 a.m. -3:00 p.m.
B. Days fhe En�ironmental Collection C�nt�rwiil be closed
During the ierm of the agreement, the ECG will be cfosed on the fallowing days:
Thanksgiving Holiday, November 22 -23, 2001
Christmas Hofiday, December 24- 25, 20�1
December 30, 2401 through January 11, 2002, for cleanup and repairs
M.L.K. Day Jahuary 21, 2002
Memoria! Day, May 27, 2002
Indep�ndence Day, Ju�y 4, 20D2
La�or Day, Sepiember 2, 2002
C. No#�fying Residents
Participating City agrees ta notify its residen#s of the ECCs hours of operation and dates ii will
be closed. Par�icipating City may ad�ertise the 24-hour Enviranmental Caflection Center
11
telephone number to give its residents the Enviranmental Collection Center's hnurs. The
number is: {8�7) 871-5257.
90.
COMPENSATION
As fair compensation far the services provided by Fort Workh pursuant to t�is agreement:
A. Participating City agrees to pay Fort Wa�th th� sum of $fi0.08 per ho�sehoEd per visit ta
the ECC ar per household for par�icipation in a Mobile Colfection Even� to dispose of
nousehald hazardous waste.
B. If Fort Worth determines that Parkicipafing City's MCU operators improperly packaged
any of the HHW delivered to the ECC, �art Worth shall repackage such waste, and
Partici�ating City shafl reimburse Fort Warth for it staff time at $20.a0 an ho�r and the
cost of supplies.
C. 1f a spill accurs at the ECC wh�le the Non- Fort Workh MCU is sti�! in Par�tcipating. City's
possession, Fort Worth sF�all take control of the spill response and Participating Ci#y will
reimburse F'ort Wor#h for its response casts of $60.00 per hour stafF time and the cnst of
supplies.
D. Th� amount due ta ForE Worth for services provided under this Section, Paragraphs A,
B, and C, shall be billed �o Participating City quarterly. Participating City shall pay Fort
Worth within 30 days of receiving a bill from Fort Worth. If Fari Warth daes not recei�e
payment within 30 days, Fort Worth shal� inform Participating City in writing that it will not
accept a�y household hazardous waste from ParticEpating City's r�sidents and tF�at Fort
Worth will not participate �n a mobile eollection event or provide a mobile colfection unit
untii paid.
E. At the end of ihe t�rm of this Agreement, Fort Wa�th shall provide a fina! accounting #o
Participating City, which wil[ include the total number of Partici�ating City"s houseF�alds
v+thich participated in ihe program, repackaging fees, if any, and the #otal cost of spih
response charged'to Participating City, if any.
F. Pursuant ta the requirements of Government Code §791.011 (a)(3), ti�� amount due to
Fort Worth under 5ubparagraph D. aba�e shall �e paid from revenues currently
availabfe ta Participaiing City in the present fiscal yEar.
12
11. '
ARTWORK, "CAPTAIN CRUD AND THE CRU�D�ES," AND PROMOTfONAL MATERIALS
LSC�NSE AGREEM�NT
For� Worth is the own�r of "Capfiain Crud" and the Cruddies ("��oomer�," "Otfio," '"�estie,
"Scrub," and "�lan Goa"} "Conquer Your Crud," and "Crud Cruiser", and #herefflre all -�
ownership rights belong to ForE Workh. �ort Wortt� has r�gistered these marks as servic� marks
with tf�e 5ecretary of 5tafe.
A. Fart Worth here�y grants to Participating City a nan-transferable, non-excfusive license
to use a1� the artwork and }�romotional maferials that may be provided by F'ort Worih to
�e used saleiy in the conduct of the business of Participating City's disposal an�
recycling af household nazardous waste pragrams. 1f Pariicipating City wishes #o usa to
Licensed Art andlor Promotianaf Mat�rial5 in other limited situations, Par�icipating City
must first abtain express written consent fram Fort Worth,
B. Fort Warth may provide Iicensed Artwork and Pr4motional Materials ta Participafiing City
pursuant to the terms of this Agreement. Participating Ciiy acknawledges that by virtue
of this Lieense, Par�icipating City acquires only the right to use the original and permitted
duplicate copies of the Licens�d Artwork and Pramoti�nal Materials and does not
� acquire any rights of ownersl�ip in the Licer�sed Arlwork and Promotior�al Materials,
which rights shall remain exclusiveiy with �ort Worth. lf Participafing City wants to modify
or c�ange the arEwork andlor promotionai materials in any manner, Participating City
Y�ereby agre�s ta contact For� Wor�h in writing ta obtain written consent befare modifying
or changing any artwork andlor promotional maierials. •
C. ff Participaiing City desires an actor to portray °Capfairt Crud" for an event, Participating
City shall usa actors approved by F'or� Worth to portray "Captain Crud" since "Captain
Crud" is own�d by Fort Worth. Participaiing City shall be solely responsible for
campensating actor for the services provided to Part�cipating City. Participating City will
cantac# Fort Worth as saon as possible with the date and time of ihe event agreeal�le to
both parties to obtain approval for the chosen actor and to requesf anti pickup the
"Captain Crud" costume far its events. Fart Worth wilf pravide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort Worth for any damage to
the costume or if Participating City fails to return the entire costume to Fort Worth or if
the costume is not reiurned in the same conditifln as received.
12.
IMMUNITY
It 9s expressly understo�d and agreed that, in the execution of this Agreement, none of the
participating cities waives, nar shail be �erehy deemed to wai�eT any immur�ity or defense that
would otherwise �e available ta it against claims arising in the exercis� of governmental powers
and functions, and that the services described in this Agreement ars a governmental function.
13
'k 3.
�4RCE MAJEIJRE
A delay or failure af �ort Workh ta perform services pursuant to this Agreeme�t shall be excused
tQ the extent that the delay ar failufe t� �erform resu€Ited from a force majeure event, and the
delay or failure was beyond the con#rol af Fort Warth and not due to its fault or negligence. -�
Partici�ating City shall not hawe, and hereby waives, any c�aim whatever for any damages
resulfing from delays ar fail�re ta pertorm caused by a farce majeure event.
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without
cause, upon thiriy t30) days written notice to tF�e oiher party. UPan termination, the parties s�all
be released from a1f contractual obligations ta the other party excluciir�g °lJSE OF WASTE
DISP05ALIRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MATERIA�S" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRIJDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT'
(Paragraph 11 }.
15.
NOT[C�
Any notices re��ired to be g�ven under this Agreement shall be delivered as fo�lows:
If to Fort Wor��:
Brian Boerner, CHMM, Directflr
Departmeni ofi �nvironmental Mana�ement
City of Fart Warth
� 000 Thrackmorton
F'art Worti�, Texas 761 �2
if to ParticipatinQ City:
�G��'°' �- - ��La'e'i r l >>
.u.�� ' �
---�----�� � �� � � e.��� �I /� 08` �
� t �e�r.�.u.�_� � _.
�s.
ENTI RETY
This Agreement conta9ns all comrnitments and Agreements af the parties hereio, and na other
oral ar written commitments shafl have any farce or effect if not cantain�d herein, except that
this Agreement can be amended or modified by the �arties if such amendment or modification is
in writing and signed �y Participating City and Fort Warth.
14
17.
SEVERABILITY
In the e�ent anyone or more of the pro�isions cantained in this Agreemen# shall for any reason
be held to be in�alid, illegal, or unenfarceable in any respect, such invalidity, illegality, or -�
unenforceabiliiy sha11 not affect any nther provisior� tttereof and khis Agreement sha11 be
canstrued as if such invalid, illegal, or unenforceab[e pra�isions had �ever been contained
herein.
18.
VENUE
Should any action, real or asser�ed, at 1aw or in equiiy, arise out af ihe terms and conditions of
this Agreement, venue for said actian shall be in Tarrant Caunty, Texas.
19.
AUTHORITY
This Agreement is made for F'art Warth and Participating City as an Interlocal Agreement,
pursuant �o Texas Government Code, Chapter 791.
20.
AUTHDRIZATION
The undersigned officers andlor agents of th� parties hereta are properly authorized officials
and have the necessary authority ta exec�te this Agreem�ni on behalf of the parties hereto, and
each party hereby certifies to the other that an�+ nec�ssary resofutions extending such autharity
have been duly passed and are now in full �orce and effect.
15
a
EXECUTE� IN TRIPI.ICATE
CITY O� �ORT WORTH
By: l��'
�-
�� = ��
�i�dy Wat
�(ss�stant Cit M a�er
Daie: ��� � �
�
APPROVE� AS TO FORM
AND LEGP�L�T� � }
A ST:
�.., ,
Gloria
City SI
!� =�y��
r
/,� �- /� `� ��7 �
Contract authorizafian
r� "� � .r' �'/
�ate
� ���
��
By:
��'�.� c� . �...C�.�
F�rint�d r�ame: �"�-,� es �� !=1 ��"°i"
Title; Mayor /.�I�-
Date: a'/�i��
APPROVED AS TO FORM
AND LEGALITY: � �
Assistant City Attorney
ATTEST:
,
' ..� .�.
Ci y�Se�retary �
m
,�� _.
�s �i������� Q�CG�
�4i� �������
�F ���"4� �.
�_�._ _.._. -
Exhibit "A"
�EST�CKIR�� Ll�i ��Fi ib� 1V�0�1�� COLL�CTI�� �1NIi
Material � Amount Restocf�ed Special Weeds Remarks ��
55 gallon op�n top Amount taken off the
drums {open top for trailer
lo�se packs}
55 gallan drums Amount ta�ten off the
(closeci top) (oil, traile'r
antifreeze, bulk
'�ammable materials
and ane exfra)
Fiber drums (55 or 30
gallon) Aerosols, Amount taken off the
acids, bases and #railer
oxidizers)
Gaylard box liners
{plastic) Amount take� off the
tra9ler
55 gallon drum liners �
Amount taken off the
trailer
5 gallon buckets
{filterslhaz chemicals) Amo�nt t�lcen aff the
traiier
Survey Farms
Amount taken off the
trailer
Labelsldrum placard
Amount faken off the
trailer
Gaylord baxes
Amaunt taken off the
trailer
Absorbent pads
Amount taken off fhe
trailer
Vermiculite
Amount taken off the .
trailer
Oil dry
Amaunt taken off the
trailer
Promoiional Materiats '
& Brochures Ama�nt needed �
97
Exhibit "B"
WAIVER AND RELEAS� �F L,IAB�LlN FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner o� property located at .
have been asked by the City of to allow a rnobile coHection
e�ent an my praperty to coll�ct househofd hazardo�s waste on the , 200�.
1n consideration ofi , l hereby give.my permission ta the City af
#o F�ald a househofd hazardaus waste collection event on my
prap�rty in which the City of has asked the City of �ort Worth
to send its mobile callection unit to coifect the househofd hazardous waste that is braught to the
event.
Therefore, in consideration of , I hereby RELEASE,
DISCHARGE, HaLD HARMLESS, 1NDEMNIF'Y the City of Fc�r� Worth or its officers, agents,
and employe�s anci the C�ty af an� its o�cers, agen#s,
andlar smployees far any and,afl claims, demands, liability, causes af action, actians or suits of
any character that I may have against tl�e City of Fort Worth or its afficers, a�ents, andlar
employees and tt�e �City of ar its affi�ers, agents, andlor
employees for any property [oss ar damage, for any and 'all p�rsonal injury incEuding �eath or
any other damage gf any kind or character which may arises ar that arises from allowing the
City of to hold a household hazardous waste collectifln event, in
whicY� the City of Fort Worth sends its mobile colleciifln unit on my property.
l hav� read ihis Waiver and Release and f�lly understand its terms and canditions. I have not
been influenced in any extent whatsoever by any representation or siatements not cantained in
this Agre�ment. I hereby acknowEedge that this Waiver and Reiease is given ir� cansideration of
5ignature Daie
Witness
EE7
�`rty of `.F'o�i �v��h, �''e.��cs
� � r � � � '� ' �
�� ���������
DA7E- - R�FEREt�GE NUMBER - - � � LOC� NAM'�� PAGE . . - - - - -
�! 0/�i07 **�-� �777 52Ct]LLECTf�N � of 2
������T APPROVAL 4F 1NT�RLO� L A�R�(iIIENTS WITH VARIfll1S 1�tIUNIC1PAt��TiE� F4R
THElR PARTlCIPATION.AT THE ENVtFt4NMENTA�, COLLECTION CENTER
RECOMMENDATICJN: �
I# is tecommended that the City Council authvrize ih� City Manager io execute (nterfocal Agre�ments
with various m�r�icipalitieslentities for their par�icipatiort at the Environmentat Ca1)ectian Gent�r.
DISCUSSIC?N: " ��
The City's Ertvironm�ntal Coll�ctian Center is now in its fifth year Qf aperation collecting househald
hazardous waste from the ciiixens of FQrt Warth and surrounding communitl�s on a year-raurtd ba�is.
in c�rder for non-Fort Worth citizens tv participate at ih� center, each municipality is requir�d to enter
inta an Inter(acal Agreement witl� the City af Fart Worth.
Last ye�xr, 23 area cQmmunit�es signed participatian agreements with the City. For the u�comir�g year,
we expect t�at num�er t� rise to 24 communities. The rate per. ho�sehold for the period covered by
these agreements {Octo��r '1, 20t�1, thraugh September 30, 2002) is $64. !t is anticip�ted that
approximately $300,000 will b� cvli�cted �nder th�se agreements.
This agre�ment outtines the responsibilities af aaeh party, estabiishes t�e rate far pariicipatian, an�
delineai�s the use of service-marked pubtic educatian mat�rial. Tf�� City is responsible for the or�erall
operatian of th� center, including cantracting with a hazardaus was�e disposal com�any for
transpartafion and �isposai of materials cflllected.
The €o!(owing entiti�s haue expressed an interes� or hav� a�r�ady committed to participativn far the
period Octaber 1, 2009, thraugh September 30, 2QQ2:
Arlington*
Benbrook
Evermat��`
Grapevine
Kelier
Richiand Hi!(s*
S#eph�nville
Ur�incorporated Tarrant Gounty
Azie
Burleson
Etrless
Halfom City
N�wark
River �aks
SQuthlake
Venus
Bedfc�rd
Golleyvifl�
�rand Prairie�
Hurst
North F�ici�[and Hil�s
Saginaw
Upper 7rinity R�giona! Water
V1latauga
_�
�
�—
fhese municipalities are expected ta par�icipate, but have rtot yet r�#urned their approved agr�ements.
�'ity of �or� T�o��i9 T'exas
� � -� �,L l �� I •_ ���� � ��L
����ns��at���i
I DATE R�F�RE�iCE NUMBER � LUC3 �IA�IiIE �2COLLECTION pAG� 3 p� �
� 019101 **�-1 �777
� SUBJECT APPROVAL OF INTER�.00 L AGREEMENTS WITH VARi0U5�MUNIGIPA�ITIES FOR
THEIR PARTICIf'ATION AT THE ENVIR�NMENTAL. COLLECTION CENTER
I-_--- - -.-.
Additlansl Informatian Contact:
Brian Boemer $079