HomeMy WebLinkAboutContract 27142C.�TY �ECRE�i4#�Y �� - ' ,, �
GONiRACi ��. �- -.� , _
IiVTE�l�OCAL AGREEMENT FOR PARTICIPATIO�] IN FORT WORTH'S
ENV]RONMENTAL COLLECTION CENTER
H�USEHOLD HAZARDDUS WASTE PR�GRAM
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THIS AGREEMENT is entered into by and between the Ci#y af Fort Wortn, Texas, a hame-rule
municipal corporatian sit�ated in Tarrant and Dentan Counties, Texas, hereinafter called "Fort
Worth," acting herein by and throtagh Libby Watson, its duly authorized Assistant Ciiy
Manager, and (';� �� I���,��- a municipality situated in�cs� C�� ,
Texas, hereinafter ca1[ed "Parkicipat9ng C9ty," acting herein by and through 3�11 S�ie�-
its duly autharized �1x.�� � ,
WITiVESSETH
WHEREAS, Texas Governmenf Code, Ci�apter 791, authorizes the formulation of inter�acai
cooperation agreemenfis between and among loca� governments; ar�d
WHEREAS, Texas Government Code, §791.a91 provides that a local government may contract
with anather to perform governmenta! functians and services, and §791.003(3)(H) de�ines waste
dispasal as a governmental function and service; and
WHER�AS, Texas Government Code, §791.Q25 provides tha� a lacal government may agree
with another lacal governmant to purchase services; and
WHEREAS, Fort V'ilarth and Pariicipating City desire to �nter into an interlaca! agreement
whereby For� Worth will purchase the services af a waste disposallr�cycling firm ar firms and
will administer a hous�hold hazardaus waste collection pragram; and
WHEREAS, Fnrt Workh and Partici�ating Cify mutuafly desire to be subject t� the provisivns of
Texas Government Code, Chapter 791, �so knc�wn as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as #ollows:
1.
DEFINITIaNS
A. Unless a provisian in fhis Agreement axpiicitly sta�es otherwise, the following terms a�d
phrases, as used in this Agreement, shall have the mea�ings her�inafter designated.
Act o€ God means an act occasioned by ihe direct, immediat�, and exciusive ope�a#ian
of the forces af nature, uncontrolled ar uninfluenced by the power of humans and without
human intervention.
• Bill of Ladinq lists #he contents of the mobile collection unjt,
Environmental ColEection Center {ECC� means the City of Fort Wart� Departme�nt of
E�vironmental Management faciiity located at 6400 Bridge Street, For� Wa�th, 7exas,
which is to be used by Fort Warth far. the aggregation af hous�hold hazardous wastes
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that have been brought to the facility by participating cities' househalds for subsequ�nt
recycfing, disposal, andlar reusa.
Environrrtental damaaes means aA elaims, judgments, damages, losses, penalties, fines,
Ilabilities {includir�g strict liabifity}, encumbrances, li�ns, costs, and expensss of
9nvestigation and defense ofi any ciaim, wh�ther ar nof such claim is uitimately defeated,
ar�d of any good faith settlement or j�dgment, o� whate��r kind or nature, cantingeni ar
atherwise, matured or unmatured, foreseeable or unfaraseeable, including without
limitation reasonable attarney's fees and dis�ursements and consu{tant's fees, an� of
which are incurred subsequent to the execution o� this Agreement as a result of fihe
handl�ng, collection, transportation, storage, disposal, treatmeni, reco�ery, andlor reuse
of waste pursuant to f�9s Agre�ment, or the existenc� of a vialation of environmental
requirements pertaining to same, and including without limitation:
(a) Damages fc�r persona! injury and death, or injury to property ar na#ura{ resources;
{b) Fees incc�rred for the services af attarneys, consultants, contractors, experts,
laboratories and all other costs ir�eurred in connection with the investigatia� o�
remediation of such wastes or �iolation of er�vironmental requirernents including,
but nat limi#ed t�, the preparatjvn of any feasibility stu�9es or reports or the
parformance of any cleanup, remediation, r�moval, respanse, abatement,
containment, closu�e, restorati�r� or manitoring work r�quired by any fed�ral,
state or local govemmental agency ar pafitical subdivisior�, or atherwise
expended in connectian wiih the exisfence of such wastes or viola#�ans of
environmental r�guirements, and inefuding without iimitation any attorney's fees,
casts and expenses incurred in enforcing this Agreement ar eollecting arry sums
due hereunder; and
(c} Lia�ility to any third persan or govarnmental agency to indemnify such person or
agency for costs expend�d in cannection with th� items referenced in
subparagraph {b) herein. �
Environmen#ai reauirements means all a}�plicable pr�se�tt and future statutes,
regulatians, rules, ordinances, codes, lic�nses, permits, arders, appravals, plans,
a�thorizatians, concessions, franchises, and similar items, of allgv�ernmen#al agencies,
departments, cammissians, baards, b�reaus, or instrumentalities nf the United States,
sta#es, and political subdivisions thereaf and all applicable judicial, administrati��, and
regulatory decrees, judgments, and ard�rs refai9ng to fhe protection of human heafth or
the environment, including withaut {imitation:
(a) AI! requ�rements, including but not limiied to those pertaining to repor�ing,
licensing, permitting, investigation, and remediatian of emissions, discharges,
releases, or threatened releases of hazardous mate�ials, pollutants,
contaminants, or hazard�us or toxic substances, materials, or wastes wneth�r
sofid, liquid, or gaseous in nature, into the air, sufface water, groun�water, storm
water, or land, or relating io the manufacture, processing, distribu�ian, use,
treatment, starag�, disposal, transport, or handiing of pollutants, contaminanta, ar
I�azardous or toxic substances, materials, or wastes, whether soEid, li�uid, or
gaseous in nature, and
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(b) Aii requiremenfs pertaining to the protection of the health a�d safiety af
employees ar the public.
Force maieure means decrees of ar restraints by a governmental instrumentality, acts of
Gad, work stappages due to labor disput�s ar strikes, failure of F�rt Worth's
cflntractor(s) t� perform pursuant to their agreements with Fort Worth for the car�duct of
the callection of hausehold hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sabntage.
Household hazardous vuas#� (HHW) means any solid waste generated in a household by
a consumer which, except for #he exclusion pravided for in 40 CFR § 261.4tb){1), wau1�
be classified as a hazardous wasfe ur�der 40 CFR Part 261.
Manifest means the unifflrm hazardous waste manifest form(s) furnished by th� TNRCC
to. accompany shi�ments of municipal hazardous waste or Glass 1 industrial so�id wast�
for waste transparted ta a site in Texas, or the comparable manifest of the receivir�g
state if the waste is transpflrfed out of Texas.
Mc�bile callection event means a hnusehold hazardous waste collection event by
Par#icipating City utilizing a mobile collectio� unit.
Fort Worth Mobile_collection unit {MCU} means a non-self-prflpelled vehicfe used for the
periodic collection of household hazardous waste by Participating City, off site of the
ECC, which is transported �o the ECC to dispose af the household hazardous waste
collected at the mobile coflection event. The Fort Worth Mobile Collecfion Unit is
designed to hald the hazarr�ous waste af ap�roximateiy 50 to 75 househofds.
Partici�atinq Cities, when used in #he plural, means �art 1lVorth, Participating City, and all
ath�;r enfities which have entered into interlocal agreements with Fart Wor�h for the ECC
household hazardaUs waste coHection program.
Person means an individual, corporation, organization, government, or gavernmental
subdivision ar agency, business trust, partnership, association, or any other legal entity.
Wasfie has the same meaning as "solid waste" as t�at term is de�ined in Texas Health
and Safety Code �361.043, and including hazardous s�bs#anees.
B. Unless a provisian in this Agr�ement explicitiy states vtherwise, the following
abbreviations, as us�d in this Agreement, shall have tF�� mear�ings hereinafter
designated.
CERCLA - GomprehensPve Environm�ntal Respanse, Compensation, and Liability Act.
CPR - cardiapulmor�ary resuscitation.
DOT - United S#ates Department of Transpor�ation,
ECC - Er�viranmental Collection Center.
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EPA - United States Environm�n�al Pratection Agency.
HAZCAT - hazardo�s categarizatian.
HAZWOPER - hazardous waste op�rations and emergency respanse. -�
HM , hazardous materials.
HHV11- household hazardous waste,
MCU - Mobile Collection Unit.
2.
PURPOSE
The purpose ot this int�rlacal agreement {hereafi�er "Agreemen#"} is the provision of servi�es by
Fart Wc�rth to Participaiir�g City whereby, subject to the terms and conditions specified below,
�ort Worth will administer and supervise a regional household hazardaus waste collection
program, which will be availabfe to ho�seholds within participating City.
3.
TERM
This Agreement shall be effecti�e fram the date the ias# party f�as signed this agreement
t�rough September 30, 2002.
4.
SERViCES OF F�RT WORTH
Forf Warth agrees to pertorm the following services fior Participating City in connection with the
ECC household hazardous waste cnllectjon pr�gram:
A. For# Wor�h w91f administer a regional household hazardous waste collection pragram.
This program will include the operat�on af the Environmenta! Callection Center, which
will accept for disposal andlar recycling i�ousehold hazardaus waste fram households
located within Participatir�g C9ty. Fort Worth shall no# accepi campressed flammable gas
cantainers; radioacti�e materiafs; explosiv�es or potentially shock sensitive materials;
biaE�gical, etiologic, and infectious materials; wastes from businesses; and any other
wast�s tl�at Fort Worth has determined are unacceptable.
B. �ort Worth w�11 employ ar retain personnel to provtde the services necessary to perform
Fort Warth's obligafions in this Agreement.
C. Fort Warth will enter into a cont�act{s) wit� waste d'+sposalCrecycling firm(s} far the
handling, eoll�ction, transportation, storage, disposal, treatment, recavery, andlor reuse
ofi hflusehold hazardous waste, which is collected at the ECC.
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D. Fart Worth will, if requested in writing by Participafing City, prar�de Participating City with
co�ies of waste manifests for shipments af waste From th� ECC.
E. Fart Worth will, ifi requestecf in writing 6y Participating City, provida Participating City a
monthly r�por� of the Participating City's households who disposed af household
hazardous waste at the Environmental Callectlon Center or a Mabile Coliection E�ent. -�
F. Fort Worth wil) issue a repork and a bill at the end of each quarter d�tailing the number of
Partici}�afing City's households that disposed af haus��old hazardous waste a� the
Environmental Collectian Center or at a mobilE collecfior� event.
G. Fort Worth will act under this Agre�ment in accardance with all applieable state and
federal laws.
H. Non-�ort Workh Mobile Collection Unit
1. Fort Warth agrees to accept household hazarelaus waste from Partici�afrng Ci#y's
MCU in accardance with Section 5, af this agreement.
2. �ort Worth agrees to restock t�e items it removes from Participating City'sMCU,
however, Fort Worth �ha1l only restock items listed in Exhibi� "A", attached and
incorporated herein as if set farth.
Mobile Collection Events --Usinq Fort Wor#n's Unit
If Participating City would lilce to sched�le a mabi�e caHection event with
the �ort Warth Mobile Cailection Unit, Fort Worth will send Participating
City a list of a�aifable dates. Participating City wiH contact Far� Worth as
soon as possible to schedule #h� date, time and Iflcation agreeabfe ta
bflth parties.
(a) Lacation
If Part9cipating City choases to h�ld the Mab9ie Collection E�ent on
private praperty, Participaiing City shall obfiain a signed waiver
frvm the owner of the property 1 week prior to the event. The
w�iver s�all be in the form af Exhibit B or sirnilar fiorm appr�ved by
Fart Warth. The signed waiver must be sent to Fort Worth 1 week
befare the Mot�ile Collection Event. l� the signed wai�er is not sent
to Fa� Worth 1 week before the Mabile Colleciian Event, Fo�t
Worth wiA not send the Fart Worth Mobile Collection Unit to the
event and Partic9pating City will, in na ev�ni, be entitled ta any
damages af recovery of any casts, except as provided herein.
(b) Available Dates
Participating Gity acknowledges that Fort V1lorkh contracis with
other municipaliti�s and that Fort Worth will be accommodating
each Partic9pating City's request on a first come first served basis.
Therefore, Participating City acknowiedges that its chasen date to
schedule a mabile col�ection event may be reserved by another
City and Par�icipating City will ha�e to choase another date.
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Participating City will, in no event, be entitled to ar�y damages or
recovery af any casts, except as provided �erein.
2, At the Mobile Co{lecfian Event, Participating City acknawledges and agrees tF�at
Fort Worth shall acce�t househald hazardous was#e from the first �0 households
tha� sh�w proof of residency at the Mabile Collection Event. Afker the first 50 -�
hauseholds, Fork Wo�th wif! determine ir� its sale discretion how much more
waste it can accept and stare properly. fi more households arrive at t�e event
than Fort Warth can accept, Partici�ating City wifl in no event be �ntitled to any
damage of rec�v�ry of any costs, except as provided h�rein. ,
3, Due ta the lack of storage space at the ECC, Participating City acknaw{edges
and a�r�es that if �t requests the For� Worih Mo�ile Collec#ian Unit at a mobile
collection ev�nt, a Pa�tic�pating City"s Nfln-Fart Worth Mobile Colleciion Unit shall
not alsa b� at the eveni.
4. City, in its so�e discretion, will defermir�e whether tfl send the Fart Warth Mo�ile
Cnllecfian Unit to Participating City's Collectian Event during adverse w�ather or
tfite threat of ad�erse weather including but not lim�ted to sle�t, snor�, rain, mist or
haii. In tY�e event Fort Worth determines not �to send the Fort Worth Mabile
Collectian Unit, Fort Worth shal! noiify persans listed in Secfiion 5, Paragraph A
and shal! send a Fort Warth emplayee to the Par�icip�t�ng City's event to tell any
residents #hat come to �ispose of household hazardous waste; 1) that the Fart
Workh Mobile Collactic�n Unit will nof be caming to the event, and, 2) th�t the
resident can go ta the ECC to dispose of the waste and �rovide a map to t�e
ECC.
5.
DUTIES OF PARTIGIPATING CITY
Pariicipating Cify agrees to perform the following duties in connection with the household
hazardous wasfe collection program:
A. Partici�ating City will designate ane of its ernpfayees, and anothec as an alternat�, to act
as its l�ausehald hazardous waste coHection coordinatar to interact with Fort Wflrth,
Designated person is:��,� �i,��,�„n5 t�lephone number:tg��)-���-�ati�
Pager number or 24-hour number wnere !�e or she can be reached: (�i��'78� ��aiZ.
Alternate person is ('-,�cy1�� ��r4�;5 telephone rtumber: r'�+'�� 7��-��3'7
Pager number or 24-hour number where he or she can be reached: ,�g�-�Lg- ��� �.
B. Pa�icipating City will coordinat� and fund all program advertising tar.geted tcr its own
citizens, as it deems necessary. Such advertising shall ir�clude the type of wastes that
will be accepted at the ECC, ths requiremer�t af proof of residency and weather
cancelfatian in�ormation.
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C. Participating City shall noiify its residents of the ECC hours of operatian and dates if is
closed as provided in Section 9"The Environmental Gollection Center Hours of
�peration."
D. Par�icipating City may choase to utilize a voucher system for its residents in order for
them to bring HHW to the ECC. 1f Participating City chooses ta use suc�r a system, it -•
shall notify Farf Worth of tf�e decEsian, and shall pravide Fort VNorth with a copy of the
official uoucher. 1n additian, ifi a citizen from a Partic�pating Ci#y that utilizes a voucher
sysiem comes to the ECC or a mobile collec�ian event wifhout a vaucher, Participati�g
C9ty acknowledges and agre�s that Fori Vllarth will not accept the hausehald hazardous
waste until Participating City authorizes the acceptance in writing.
E. Par�icipating City may submit a writken request for a monthly report fisting the numb�r of
its city's households tF�at have dispased of household hazardous waste at the ECC or a
mo�ile callect9on event.
F. Participating City shall provide traffic control and signage far the mobile collectian
�vents, and shaCl provide persannel to assist Fort Worth with the survey and screening
of persons drapping off t�ouseF�a[d hazardous waste. T�e parties prior to the e�ent shall
agree upon fhe details af ihe traffic controi, signage, and personnel assistance.
G. Partici[�atina Citv's Mobile Collection Units Collectinq Househ�ld Hazardous Waste
Participating City shall advise the ECC pra+gram manager at least 72 hours in
advance af its mobile collection ev�nts. Participating City shall collect only HMW
during a mobile callection event. Wastes from cammercial, agricultural, and
industria{ sources shall not be acc�pted. Participating City shall not accept
compressed flammable gas containers; radioactive materials; explosives or
poteniialiy shock sensitive materiais; biofog�cal, etiologic, and infiectious
materials; and any ofher wastes that Farfi Worth has c�etermined are
unacceptabl�.
2. In accardance with tF�e latest DOT requirements, Partici}�ating Gity's MCU
operators will properly categorize, pacicage, mark, label, and I�ad into the MCU,
all wastes received at the mQbile coilection ev�nt. Recyclable products �used oil,
used oil fiEters, latex. paintr recyclable anti-fifeeze, lead-aci� batteries, and
fluarescenfi lights) wili be segregated into eantainers for recyclables.
3. After accepting wastes, Participating Gity's MCU operators shall thoroughly
check each container for proper labeling and identification. lf a contaitmer is
properly identified, the material will be segregated accarding to hazard class and
pre�ared for packag�ng. If a container does not have adequate labeling to permit
id�ntification, tF�e MCU aperators shall then attempt ta identify the maferial fram
its �hysicai characteristics using HAZCAT anafysis and from informativn provided
by the household presenting the waste,
�. The Participa#ing Gity's MCU operators shall package a!I hazardous materials in
acc�rdance with United States Department af Transportatian {DOT)
requirements, United States Environmental � Pratection Agency (EPA)
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requirements, and afl other applicable federal and state requirements. After all
the wastes have been praperly identifi�d and segregat�d, the MCU op�rators wEll
re�xamine the wasies far compati�ility, list them on the cantainer cantent sheets,
and pack them into drurns. Oil-based paints and latex paints shall be b�lked
separately in 55-gaAon drums, vr if the paint is left in its container, th� paint can
be packed i� a lined cubic yard box, and packed and labeled according to federal -�
and state regulations. Participating City shafl not tran�port waste thafi is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispose af
any non-HHW waste colkected at the ev��t.
5. Prior to transporting the HHW from the ca[lectian event s9te(s), Participating City"s
MCU aperaiors shall complete a BiH o� Lading, and shall kee� the Bill of Ladfng
in the cab of the truclt hauling the MCU c{uring transparta#ion of the HHW ta the
ECC, Participating City shall require that a rninimum of one co}�y of the latest
North Ame�ican Emergency Response Guidebaok be kept witt�i� the cab of the
truck.
6. During transportat�on, Participatir�g City's MGU operatars shall placard ihe MCU
for transportatior� of hazardous waste in accardance with federal and state law.
7. Upon the return of th� MCU to the �CC, Par�icipating City's MCU aperators shalf
follow the instructions af Fori W�r�h regarding the placement of the MCU for
unloading. Forf Wo�ih shali take possession of the MCU from Partici�afing City
after the MCU has been properly parked for unloading in a�cordance with Fori
Warth's insiructians and all required doc�tments have been delivered #o the ECC
program manager or his designee at the ECC. Fort Worth shall, within a
reasonable amount of time, �nlaad the HHW from tF�e non-Fort Worth MCII and
store the HHW at the ECC.
8, If Fort Warkh, in its sole discretian, determines that Participating City's MCU
aperators improperly pacicaged any of the HHW delivered to the ECC, �ort Wo�th
shal! repackage such waste, and Pariicipating City shall reimburse �o�t Vllarth as
set forth in Sec#9on 10., Paragraph B.
9. If a spill occurs at the ECC whiie th� MCU is still 9n Participating City's
pflssession, Fori Warth shall take con�ral of iF�� spill respanse ar�d Participating
City will reimburse For� Worth far its response casts as set forfh in Section 10.,
Paragraph C.
. 6.
USE OF WASTE DISPOSALIR�CYCLWG FlRMS FOR H�IJSEHDLD HAZARDDUS WASTE
A. Fort Worth wifl �nter inta a cantract(s) with waste disposallrecyc[ing firm{s) for the
handling, col{ection, transportation, storage, dispasal, treatment, reco�ery, andlor reuse
of household hazardous waste, which is collec�ed at the ECC.
B. Such firm(s) shaEl be required pursuan# to the cantract(s) to assume generator stafus for
the waste callected, (excluding used oil, Isad-acid batteries and antifreeze) to choose a
C�
dispasal site for the waste subject to For� Worth's appro�al, and #o indemnify Fort Worth
and participating citi�s against a�y and a11 environmental damages and th� vinlation of
a�y and all envEronmentaf requirements resulting from the handling, collection,
transportation, s�orage, disposa[, treatment, recavery, andlar recycling of waste coliected
pursuant ta this agreement, when said environmental damages or the violation af said
environmental requ9rements was the result of any act or omission af contractor, its -�
ofFcers, agents, emp�oyees, or subcontractors, or the joinf ac# or omission of contractnr,
its officers, agenis, employees, or subcantrac#ars and any other person or entity.
C. iH� P�f�T1�S R�COGNI�� iHAT ALiHOUGk� iW� �'IRIV� �S) 1NILL �� R�QUIF���
�O ASSI�IV�� (�GA1�RAiOR S�I�iU�, iblS ASSU[iflPTI�P! !�1lI�l� NOT RFLIEV�
�ARiICll�Afl1VC CIiY �� LIA�i�,liY FO� iH� IdVA�T� UN��R F�DEI�AL �A1dV
�►ND S��Ai� �►W. Fart Worth will arrange far recycling vendors for used oil, batteries,
antifreeze, and oiher materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIAl.S
A. From time-to-time Fort Worth will make available to residenis and businesses flf �ort
Worth, as well as, F'articipa�ing City and residents and b�sinesses of Participating City
#or th�ir use, collected ho�sehold hazardous wast� mater'ials �hat are su�tabEe fQr retase,
such as pafnt, fiertilizer, motar ail, and antifre�ze. �art Worth shall not charge for any
materials that are picked up for reuse.
B. Som� materiafs made available for reuse may have been consalidated and filtered by
Fort Worth pri�r to being made availahle. Used antifreeze will have been consalidated ir�
a barrel, filtared, and pH balanced, and new antifreeze may have been adde� to the
barrel.
C. �n regar�s to materiafs accepted by Participating City, �ORT WOR�H MAKES NO
R�PR�S�NTATIOMS, VrlARRAN�IES OR �U�4R�Ni11�5 THA�
1, the container contents are wF�at the la�el indicates;
2, the container contents are those origina�ly placed into the container by the
manufacturer;
3. the �roduct is of the quality intended for its use;
4. the contents of the containe� have been stored properly;
5. the instructions on the container label far use, starage, and first aid are curr�nt or
carrect;
6, the container is in unimpaired condi#ian;
7, the product is still approved for use (i.e., it has not besn �anned or recalled); and
8, the product can be used withaut rislc to persons, property or the environm�nt.
E
�'UF�Tb��1V�OR�, �4LL !�;►�RR�fVTIES, �X�R�SS �1�� III�PLIE�, �oR�
SP�CI�ICR��Y �1�f�lE�.
D. Participating Gity shall contact the ECC program manager to arrange a�ickup fime to
obtain materials. Participating City agrees that it sl�all nat return to�ort Worth, directly ar -�
ir�directiy, ar�y materials it abiains from �art Worth under this paragraph.
E. IP! ��G�►a�S 7'O NCAi�RI�.L� �►CC�Pi�� �Y PAR�ICI��4YING CIiY,
PA��1�1�r4TifVC Ct�l( �OI�S H�R�BY �.�1l�11V� AI�L CL�IM�, IP�GLU�1N�
�RO�UCiS LIA�{�IYY CL�►IIViS, AN� RI�L�AS�S, ARlf� HO��S b�,�IViL�S� i{�F
CITY O� �ORi WOR'1 H, AN� A�.L O� ii5 ��FIClA�S, O��IC��S, �iV[P�,OY��S,
ACI�N`�S, �►N� VOLUfVi��RS, 1N BOiH �I��IR P11�L1C AND PRI1Ia►��
C/A�ACITIES, ��OM ANY AAlD l�LL L1A�ILITY, C1�1MS, SUlYS, D��flr4t�DS,
�XP�iVSES OF �IT1GA�'IOAI, OR CAUSES OF AC�IOA! Vi1HICH iViAY ARIS� �Y
REASON �F INJ�RY TO PERSOAlS, L05S Di� PRO��F�TY, D�►N�I�C� TO
�ROP�RiY, OR LOSS O� US� OF AhdY PROP�R�Y , OCCASEOlV�� �Y I H�
iRANS�ORTATI�N, SiORA��, HA�'DLItdG, IJS�, AAi� DISP05A�. �Y
�ElRiIClP�YING CIiY O� ANY iU�AiERlA�S ACC�P��D �Y PAR�ICIPATItd� CfiY
Uf�D�� �F�IS �►CR���II�fVi FRQii� �ORT WO�l�H.
F. In regards to materiais accepted by residents or businesses af Participating Cities,
�ORi WORiH fillAK�S IVO R�P1��S�NiAi101VS, IdVARR�►N�I�S �R �U�l�Plil�S
THA�':
�. th� container cantents are what the label indicates;
2. the cantainer contents are those origina[ly placed into the container by the
rnanufacturer;
3. the product is of the quality intended far its use;
4. the cor�tents of the can#ainer have been store� properly;
5. the instructiflns on the cantair�er iabel for use, storage, and first aid are current or
correci;
6, the cantainer is i� unimpaired condition;
7, the p�oduct is still approved for use (i.e., it has not been banned or recalled); and
8. the praduct can be used without risk to perso�s, pro�erty or th� en�ironment.
FrU� f H�R�OR�, �4�L W�►RFtAPliI�S, �XP���S AP�� IIIflPLIED, AR�
S��C[FIC�►LLY 1���11EC].
G. Participating C9ty shall attempt to inform its reside�ts and bus9nesses that if they go to
the Environmental Collection Center ko pick up household hazardous waste far reuse, a
release of liability must be signed to accepi the household hazarciaus waste for reuse.
10
8.
RIGHT TD REFUSE WASTE
Participating City agrees that Fart Worth shall have the right to refuse ta accept waste at the
ECC from Participating City's resident and to eject such individual from the premises of the
ECC, if in the reasonab[e judgment ofi Fort Wor�h:
A. The waste is not househald hazardaus waste,
B. The waste fails to meet other established criteria estiablished by this Agreement, or that
have been established by Fort Workh subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that helshe is in fact a
resident of Participating Ciiy;
D. Participating City has implemented a voucher system for its residents to dispose af
waste, and the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at
the ECC.
9.
ENVIRONMENTAL COLLECTIQN CENTER HOURS AND DAYS
OF OPERAT[ON
A. Hours of Operatian
During the term af �he a�reement, the ECC's hours o'f operation are as follows:
Thursday and Friday 11 :00 a.m. -7:0� p.m.
Saturday 9:00 a.m. -3:Q0 p.m.
B. Days the En�ironmental Collection Center wiil b� ctosed
During the term of the agreement, the ECC will be closed an the fallowing days:
Thanksgiving Haliday, November 22 -23, 2001
Christmas Holiday, December 24- 25, 2001
December 30, 2�01 through January 1�, 2002, fnr cleanup and repairs
M.L.K. Day January 21, 2002
Memorial �ay, May 27, 20Q2
fndependence Day, July 4, 2Q02
Labor Day, Septem�er 2, 2002
C. Not[fiying Residents
Participating Gity agrees ta notify its residents of the ECC's hours of oparation and dafes it wil[
be clased. Participaiing Ci#y may advertise tlie 2�-haur Enviranmental Collection Center
1 'i
teEepY�one num�er to give its residents the Environmental Callection Center"s hours. The
number is: (817} 87�-5257.
10.
COMPENSATION
As fair compensation fiar the services provided by F'ort Warkh pursuant to tFis agreemeni:
A. Par�icipating City agrees to pay �ort Worth the sum of $fi0.d0 per hausehold per visit to
the ECC or per household for parkicipation in a Mobile Collection �vent to dispose of
household hazardous waste.
B. If F'ort Worth determines thai Participating City's MCU ope.rators improperly packaged
any of the HHW delivered to the ECC, �ork Worth shal! repackage such waste, and
Participating Gity sha11 reimburse Fort Worth for it staff time at $24.00 an hour and the
cost af supplies.
C. If a spilf occurs at th� ECC while the Non- Fort Wor�h MCU is sti11 in Participating City's
possession, Fort Wor�Fi shall take control of the spili response and Parkicipating. City wi11
reimburs� Fort Worth far its r�sponse costs af $60.00 per hour staff fime and tf�e cost of
suppli�s.
D. Ti�e amount due to For� Worth for services provi�ed under this Sectian, Paragraphs A,
B, and C, shall be billed to Part�cipating Ci�y quarterly. Participating City shall pay Fart
Worth within 30 days of r�ceiving a bi1V from Fort Worth. If Fort Wor�h does not receiv�
payment within 30 days, Fort Wor�h shall inform Participating City in writing that it will not
accept any househald hazardaus waste from Participating Ciiy's residents and that Fart
Worth will not pariicipate in a mobiie coll�ction event or pro�ide a mobiEe collection unit
u�til paid.
E. At th� end of the term of ti�is Agreement, Fort Warth sha11 provide a final accounting to
Participating City, which will ir�clud� tf�e total number of Participating City's households
which partEcipated in the program, repackaging fiees, if any, and the to#al cast af spill
r�sponse charged'ta Participat�ng Ciiy, if any.
�. Pursuant to the requirements of Govemment Code §791.019 (a)(3}, tl�e amounfi due to
Fort Warth under Subparagra�h D. above snall be paid from rev�nu�s currently
available to Participating City in t1�e present fiscal year.
12
�1. '
ARTW4RK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIaNA� MATERIALS
LICENSE AGR�EMENT
Fort Worth is fihe owner af "Capfiain Cr�d" ar�d the Cruddies ("�loomer," "Otto," "Pesiie,
"Scrub,�� anC� '��fai1 �00��� ��Conquer Your Crud,�� af1C� '�Crud Cruiser", and thsrefore a��
ownership rights belong to Fort Worth. Fo� Worth has registered these marks as serv9ce marks
with the Secretary of State.
A. Fort Wortn her�by granis tv Participati�g City a non-transferable, non-exclus�ve license
ta use ail the artwork anc� promotional materials that may be pravideci by Fori Worth to
be used salely in the conduct of the busir�ess of Participating City's disposal and
recycling of househokd hazardous waste pragrams. If Participating City wishes to use ta
Licensed Art andlar Promotional Materials in other limited situations, Participating Ciiy
must first obtain express written cans�nt from Fort WariF�.
B. Fort Worth may pravi�e licensed Arkwork and Promotianal Materiafs to Participating City
pursuant to �he terms of tf�is Agreement. Partici�ating City acknow�edges that �y vir�ue
of this License, Participa#ing City acquires only the right tti use the original and permitted
duplieate copies af t�ie Licensed Ariwork and Promot9onal Materials and does not
acquire any rights of ownership in the l.ic�nsed Artwark and Promotional Materials,
which rights sha[I remain exclusi�ely with Fort Wor�h. if Participating City wants to madify
or change the artwork andlar prom�tional materials in any manr�er, Participating City
hereby agrees to contact For� Worih in writing to obtain written consent before modifying
or changing any artwork andlor promotianal materials. . •
C. If Par�icipating City d�sires an actor to portray "Captain Crud" for an event, Participating
City shail use actors approWed by F'ort Worth ta portray "Captain Crud" since "Capiain
Grucf" is awned by Fort Worth. Partici�ating City shafl be solely respo�tsib{e for
campensating actor for the services provided ta Participating City. Participating City wi�l
contact Fort Worth as soon as possible with the date and time of the event agreeable to
both parties to obtain approval for the chosen acto� and to request and pickup the
"Captain Crud" costume far its events. Fart Worth wil! �rovide the "Captain Crud"
costume. However, Participating City agrees ta be liable to Fort Wor�h for any damage to
t�e castume or if Participating Ci#y fails to return the entire costuma to Fort Warti� ar if
the costume is nflt returned 'm the sam� conditian as received.
12.
IMML]NITY
It is expressly understflad and agreed that, in the executiQn of this Agreement, none of the
participating cities waives, nor shall �e hereby deerr�ed to waive, any immunity or detense that
would otherwise be availabl� to it against claims arising in the exercise of governmental powers
and fu�ctions, and that th� services described in this Agreement are a govemmen#al function.
�E�3
13.
�ORCE MAJEUR�
A delay ar failure of Fort Warth to perF�rm services pursuant to this Agreement shall be excused
to the ext�nt that the delay or failur� to perfarm resulted frorn a farce majeure event, and the
delay or failure was beyo�d the control of Fort Warth and noi due ta its faul# or neg[igence. ��
Ra�ticipating Ci#y shall not have, and h�re�y waives, any claim whate�er for any damag�s
resuiting from deiays ar failure ta perfarm cawsed by a farce majeure event.
�4.
TERMINATION
The part�es shall each have the rig�t to terminate the Agreement for any reason, with or without
cause, upon thirty (30) days wriiten notice to the ofher party. Upan termination, the partiss shall
be released from all contractual obligations to the oiher party excluding "U5E OF WASTE
D15P�SALIRECYCLING FIRMS FDR HOIJSEH�L.D HAZARDOUS WASTE" (Paragraph 6)
"REt1SE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAlN CRUD
AND THE CRUDDIES," AND PRONIOTIONAL MAT�RIALS LICENSE AGREEMENT'
(Paragra�h � 1).
15.
NOT�CE
Any notices required ta be gEven under th�s Agreement shall be delivered as follows:
{f tp Fo�t Worth:
Brian Boerner, CHMM, Director
Department of Environmental Managemeni
City of For� Warth
1000 Thrflckmt�r�on
For� Worth, Texas 769 Q2
If ta Partici�atina Citv:
-Ko,n �+u�C'-v1S , �n�irov5��'� S(�.Cir�iS�"
�t�-� c� }-�u�"�
r��01 �l'�C.i .� c.� L-+v�� (�[y.
h1uC�s�Y. 'T. �'7b�`�`I
16.
ENTIR�TY
This Agre�ment cantains all commitmenfs and Agreements of the parties hereto, and na other
oral or written commitments sl�all have any farce or effect if not contained herein, except that
this Agreem�nt can be amended or modified by the par�ies if such amendment ar modifiicatio� is
in writing and signed by Participating City and Fort Worth.
9�
'[ 7.
SEVERABILITY
In the event anyane or more of the pro�isions contained in this Agreement shaH for any reason
b� held ta be invalid, illegal, or unenfarceabie in any respect, such invalidity, illegality, or �
unenforceability shall nat affect any other provis9on thereof and this Agreement shali be
canstrued as if such invalid, iiiegal, or Unenforceable provisians had never been contained
herein.
18.
VENUE
Shauld any actian, real flr asserted, at law or in eq�ity, ar€se aut of the terms and conditions of
this Agreement, �enue for said actian shall be in Tarrant Caur�ty, Texas.
19.
AUTHDRITY
This Agreement is mad� for Fort Worth and Participating City as an Interlocal Agreement;
pursuan# ta Texas Government Code, Chapter 79'i .
20.
AUTHORlZATION �
The undersigned officers andlar agents of the Parties hereto are properly authorized officials
and have the necessary authority to execut� this Agreement an behalf o'� tf�e parties hereta, and
each party hereby certifies to the ather that any necessary resolutions extending such authority
have been duly passed and ar� now in full force and effect.
95
r �
EXECUTED IN TRIPLECATE
CITY OF FORT WORTH
By: y' i
�t o �^I �
- �% �C.'�'" � _
L'rbby Wat�6n
Assistant Cit M ager
Date: �
APPROVED AS TO FORM
AND L�GA�lTY:
�- �����
Contract authorization
��/�/��
Date
C.;�� b� ��ur-��, -r�c�a5
By:
"-` �1�_.
Printed name: F�+ r..�
Title: Mayar ,
Date: g'� �� � d !
.
soU. �E �
APPROVED AS TO F�RM
AN D LEGAI.ITY:
-, , 1 �
l `� � � � �
� City Attorney ,Z` �' �
� ��
�TTEST:
,
_P.� _..��i1i12�1�
City S retary �
16
�
��u���� ���u�
��� ����{���� �
f�o ��G!�, �3: �
. . . .,..�. . . . �
;
r
'.: ! ��(Ll"�,�..`-
loria Pear n
City Secre ry
� ,
Exhibit "A"
�i�ST�C�CIN� Ll�i �'O� Tb� f���IL� C�L��CTI�I� �I�li
Mafie�ial � Amaun4 �Estoc�tec� � Special Needs �emarks
55 ga�fon open top Amount taken off tt�e
drums {open top for trailer'
ioase packs)
55 gallan drums Amount taken off the
(closed top) (091, trailer
antifreeze, bulk
flammable materials
and one extra) ,
Fiber drums (55 or 30
galion) A�rosols, Amount taken off the
acids, bases and trailer .
oxidizers)
Gaylord box liners
{}aiastic} Amount taken off th�
trailer
55 gal�on drum fin�rs
AmouRt taken ofF the
trailer
� gallan buckets
(filterslhaz c[�emicals) Amaun# i�ken off the
traifer
Survey Forms
Amount taken off the
trailer
LabelsldTum placard
Amaunt taken off the
trailer
Gaylord baxes
Amount taken off tne
trailer .
Absorbent pads
Amount taken aff the
trailer
Vermiculite
Amount taken off the
trailer
Oil dry
Amoun# taken off the
trailer
Pramotional Ma�erials
& Bracl�ures Amount needed
�
17
Exhibit "B"
WAIVER AND REL.EASE OF LIABILITY ��R CDLLECT�ON O� HOUSEHO�.D
HAZARDOUS WASTE
! being t�e owner of property located at
have �een asked by the City of to aflow a mobife collection
event an my prop�r�y ta collect household hazardous waste on the , 20D1.
In cvnsideration af , 1 hereby give my permission to the City of
ta ha[d a household F�azarda�as waste collecfion event on my
praperty in which the City of has asked the City of Fort War��
ta send its mobi�e cailection unit to coilect ti�e household hazardous waste that is brought to the
eveni.
There�ore, in consideration of , l hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of For� Worth or its officers, agents,
and employees and the City of and its officers, agents,
andlor employe�s for any and all claims, demands, fiability, causes ofi acfiion, actions ar suits of
any character that I may na�� against the City of Fort Wortf� or iis officers, agents, andlor
employees and the City of or its off�ers, ag�n#s, andlor
employees for any property loss or damage, �or any and all personal injury including death or
any ather damage of a�y l�ind ar character which may arises or #hat arises from allawing the
City of to hold a household hazardous wast� colleciiart event, in
which the City of Fort Worth sends iks mobile collectian unit on my property.
I have read this Waiver and Release and fully understand its terms and conditions. i ha�e not
�een in�Iuenced in any extent whatsaever by any representation ar statements nat contained in
this Agreement. I hereby acknowledge that this Wakver and F�elease is gi�en in cansideration of
Signature Data
Witness
18
�`i�y o, f .�o�� T�vx�ih9 T�xacs
s �- ���� �•_�
�: �1�1�1''1 � � �'�� ��1
QATE REF�RENCE NUM�ER - - - LZ3G �AM� F'A�E .. . . - - - -
10/91Q� **��� �7�7 52COLLECTIC�N �f of 2
sus��CT APPR�VAL OF I�TERl.OG L AGf�EEM�NTS 1NITH VARI �S MCJI�ICIPAI.ITIES FOR
THEIR PARTICIPATION AT THE ENVIRONME�JTA�. C�L.LECT�DN CENTER
RECOMME�dDATION: '
It is recommended that the City Council authorize t�e City Nlan�ger ta execute fnt�rl�cal Agreemer�ts
with various municipalitieslenfities for th�ir participaiion at th� Environmental CoHection Certter.
DISCUSSlQN: y "
The City's Er�vironmentai Coilection Center is now in iis fifth year of c�peration collecting household
hazardous waste fram ihe citizens of Fort Vllort� ar�d surrounding communities on a year-round k�asis.
ln arder for non-Fort Worth citizer►s tfl participate at the cer�ter, each municEpality is required to enter
into an lnierlocal Agreemen� with #�re City of Fflrt Warth.
Last year, 23 ar�a comm�nities sign�d participativn agreements with the City. For th� upcvming year,
we expect tl�at numher to rise ta 24 communities. The rate per houseF�old far the periad cow�recf by
thes� agreem�nts (Qctober 1, 2001, t�rough September 30, 2002j is $60. It is ar�ticipated that
appro�cimatety $300,00� will be cvllected under these agre�ments.
7his ag�eemer�# outfines the resp�nsibilities �f each par#y, estaialishes the rate for participation, and
d�lfn�ates t1�e use of service-marked public education material, The City ts responsible ior the overaN
operation af the c�n#er, including eontracting with a hazardous waste dis�asa( campany for
transporta�ion and d�spasal of materials collected.
The following entiti�s have express�d an interes# or f�ave already c�mrr�itted to participation fvr th�
period October 1, 20t79, thro�gh S�ptember 30, 20U2;
Arlington*
Ber��raok
Everman�`
Grap�vin�
Kel1�r
Richland Hil1s*
Steph�nville
Unincorparated Tarrant County
Azle
Burl�son
Euless
Haltom City
Newark
River Oa�Cs
Sautnlake
Venus
�ed�ord
Caileyvilie
Grand Prairie- �
Hurst
North Richland Hilis
Saginaw
Up��r Trinity Regiona{ Waier
Watauga
*These m�rticipalities are expected io par�icipate, b�t have nat yet retumeri their approved agreements.
DAT�
1 Q1910'f
sug,��cY
C'rty o, f .�`o� �orih, �"exas
�� or �z�� Co���s��
�
�o�������s��n
R�FERENCE NUMBER LOC� NAIV�E � �F�AC3E
�*��� g��'� 52COLLECTION 2 of 2�
APPROVAL OF INTERLOC L AGREEMENTS 1NITi-1 VAR OUS MUNICIPALITIES FOR I
THE�R PARTICIPATION AT THE ENVIR4NMENTAL COLLECTION CENTER
FISCAL tNFORMATIONICERTi�ICATION,:
The Fina�ce Directvr certifies that the Environm,ental Management Depar�ment wilf be responsible for
the collection and depos�t af funds c�ue to the City under these agreements.
LW:k
0
Svbmltte� i'ar City Manager's
Office by:
Libby Watson 6183
Originating Department Head:
FUND � ACCOUI�[T '
(to)
R903 I 48822D
CENTER � AMOUNT
0521140
CiTY 5ECRETARY
Brian Boerner 8079 f(fram} ' � APPROVED 1U/09I0S
j DA7E
� � o�9ia �
j sua��cT
�
C'ity of �o�t Worih, T'e.xas
���oas �r�� �������
Co ���������
R�F'�RENCE NUMBER LUv f�AIU�'� PAG�
**�.� ��"�� 52COLLECTI4N 3 of 2
APPROVAL OF INTERLOC L AGRE�MENTS WITH VAKIUU� MUNICIPALITIES �'OR
THEIR PART�ClPATI�N AT THE ENVIRONMENTAL COLLECTION CENTER
Additia�nal In1'ormation Contact:
Brian Baerner
8079
�
�