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INTERLOCA� AGREEMENT F'OR PARTiCIPATI�N IN FORT W�RTH'S
ENVIRONMENTAl. COLLECTlON CENTER
HOUSEHOLD HAZARDOl1S WASTE PROGRAM
TH1S AGREEMENT is en#ered into by and betw�en the City of Fart Worth, Texas, a home-rule
municipal carp�ratio� situated in Tarrant and Der�ton Count9es, Texas, hereinaft�r called "Fort
Worth," actir�g her in b and r ugh Libby Watson, Ets duly authorize Assistant City
Manager, and a munic9�ality situated in /�,�.C�-�1�' ,
Texas, hereir�a r called "Particip ing City," acting herein by and thraugh �` s� 1�i� �_• (�1I ��
its duly autharized ��`i .
WITNE55ETH
WHEREAS, Texas Gov�rnment Code, Chapter 791, authorizes the formulation of interlocal
cooperation agreements between and among loca� gavernments; and
WHEREAS, Texas Govemment Code, §791.011 pro�ides that a local gavernment may contract
with another ta pertorm go�ernmental functior�s and services, and §791.003(3)(H) de�ines waste
disposal as a governmentai funcfion and service; and
VIIHEREAS, Texas Government Code, §79�.025 provides that a lacal go�ernment may agree
with another local government to purchase services; and
WHEREAS, Fort Worth and Participating City dEsire to enter inta an interlocal agreemeni
whereby �art Wor�h wili �urchase kMe services of a wast� disposallrecycling firm or f'rrms and
wifl administer a household hazardous waste collection pragram; and
WH�REAS, Fort Worth and Pariicipating City mutuaily desire to be subject to the provisio�s of
Texas Gov�rr�ment Co�e, Cha�ter 791, also kr�awn as the lnterlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEF1NITf�NS
A. Unless a provision in this Agreement explici�fy states otherwise, the following terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designat�d.
Act of God means an act occasioned b� the direct, immediat�, and exclusive ope�ation
af the forces of nature, uncontrolled or u�infl�enced by the power af humans and w9thout
human inter�entiort.
Bill of Ladin4 #ists the contents of the mobile callection unit.
Environmental Collect9on Center (ECC� means the City of F'ort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas,
whieh is to be used by Fart Worth for the aggregatiar� of household hazardaus wastes
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tha# F�ave been braught tfl #he faciliiy by participating cities' hauseholds for subsequent
recycling, disposal, andlar reuse.
Environmental damaaes means al1 claims, judgments, danriages, losses, penalties, fines,
liabitit9es (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether ar not such claim is ultimately defeated, _.
and af any good faith settlement or judgment, of whatever kind or nature, co�tingent ar
otherwise, matured or unmatured, for�seea�le or unfc�reseea�le, including without
limitation reasonable aitorney's fees and dEsbursements and consultant's fees, any a#
which are incurred subsequ�r�t to the execution af this Agreement as a result of the
handling, collection, transpartatiQn, starage, disposaf, treatment, recovery, andlc�r reuse
of wasfe pursuant to this Agr�ement, or fhe exister�ce of a vio�atian of enviranme�tai
requiremenis pertaining to same, and including withaut limitation:
(a} Damages far personaf injury and death, or injury to pr�perty or natural resourees;
{b) �ees incurred for fihe services of attorneys, consultants, contractors, experts,
labaratoriss and afl other costs incurred in connec�ivn with th� �nvestigation or
remediatEon of such wastes or vialation of enviranmental r�quirements including,
but not limited to, t�e preparation of any, feasibifity studie� or reports or the
pertormance vfi any cleanup, remediation, removal, respanse, abatement,
containment, closure, restoration ar manitoring work required by any federal,
state or local governmentaf agency a� palitica! subdivision, or oiherwise
expended in connection with the existence of suct� wastes ar violatians of
environmenial requirements, and including without limitation any atfor�ey's fees,
costs and expenses incurred in enfarcing this Agreemenf or coifectinc� any sums
due t�ereunder; and
{c) L.iability ta any third �ersort or governm�ntal agency t� �ndemr�ify such person or
agency for casts exp�nded in connection w�th the iterrts referenced in
subparagraph (b) herein.
Environmental reauirements means al1 applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, firanchises, and similar items, of allgo�ernmental agencies,
departme�ts, cammissions, boards, bureaus, or instrumentafities of the United S#ates,
states, and politieaf su�divisions thereof and alf ap�plicable judicial, administrative, and
regulatory decrees, judgm�nts, and orders re�ating to the prot�ction of human health or
t�e environment, incfuding without limitation:
(a) A!{ r�quirements, 9ncluding but not limifed to those pertaining tn �reporting,
iice�sing, permitting, invEstigation, and remediation of emissEans, discharges,
refeases, or threatened releases of hazardous materials, polCutants,
contaminants, or hazardous or toxic su�stances, materials, or wast�s whether
salid, liquid, or gaseaus in nature, into the alr, surFace water, groundwater, storm
water, or land, or relating to the rnanufiacfure, processing, distribution, use,
trea�ment, storage, disposal, trans�ort, or handling of pollutants, cantaminants, or
hazardous or toxic substances, materials, or wastes, whether solid, liqui�, or
gaseous in nature; and
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(b) A!l requirements perta9ning ta the protectinn of the health and safety of
employees or the public.
Foree maieure means decr�es of or restraints by a gavernmental instrumentality, acts of
God, work stoppages due to labor disputes or strikes, failure of Fort Worth's -�
contractor(s) to pertarm pursuant to their agreements with Fort Worth for the conducf of
th� collection af hauseha[d hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Household hazardaus waste {HHWI means any salid waste generate� in a household by
a cansumer whic�, except far the exclusian provided for in 40 CFR § 261.4(b)(1 }, would
be class9fied as a hazardaus waste under 40 C�R Part 261.
Manifest means the uniform hazardous waste manifest form(s) furnished by the TNRCC
to accompany shipments of municipal hazardaus waste ar Class '[ industrial solid waste
for waste transpar�ed to a site in Texas, ar ihe comparable ma�ifest of the receiving
state if the waste is transparted out of Texas.
Mabile collection event means a household hazardous waste co1[ection ��ent by
Participating City utilizing a mobile collectio� unit.
Fart Worth Mobile collectivn unit tMCU) means a nan-self-prope�led vehicle used for the
periodic collec#ion af household hazardous waste by Participafir�g City, ofF-site of the
ECC, which is transported to th� ECC ta dispos� of the houset�old hazardous waste
collected a# the mobile collection event. The Fort Wortf� Mobile Collection Unit is
designed to hold the hazardous waste of approximately 50 ta 7� hausel�olds.
Partic�natinq Cities, when used in the plural, means Fark Wortl�, Participating City, and ali
ather entities which have entered into interlocal agreements wiih Fart Worth for the ECC
household hazardous waste collection pro�ram.
Peeson means an individual, carporatEan, organization, government, or gavernmental
subdivision or agency, business trust, partnership, association, or any other I�gal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health
and Safety Code �3B�.Q�3, and including hazardous substances.
B. Un�ess a provision in thEs Agreement �xplicitly states otherwise, the folfowing
abbre�iations, as used in this Agre�me�t, shall have the meanings hereinafter
designafed.
CERCLA - Comprehensive �nvironmentaf Rasponse, Compensation, and Liability Act.
CPR - cardiopulmanary resuscitation.
DOT - United States Department af Transportation.
ECC � En�ironmental Col�ection Cer�ter.
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EPA - United States �nvironmental Pratection Ageney.
HAZCAT - hazardous ca#egorization.
HAZW�PER - hazardous waste operatians and emergency respanse. -�
HM - hazardous materia�s.
HHW - hausehald hazardous waste.
MCU - Mabile Collection Unit.
2.
PURPOSE
The purpnse af this ir�ierlocal agreement {hereafter'"Agreement") is the provisian o# ser�ic�s by
Fort Worth ta Participating Cjty whereby, subject ta the terms and conditions sp�cified beiow,
�ort Warth will administer and supervise a regional h�usehold hazardous wast� collectinn
program, which will be available to hauseht�lds within Pa�iicipating City.
3,
TERM
This Agreement shall be effeetiv� from the date th� lasi party has signed this agreement
#hrough Sepfiember 30, 20a2.
4.
SERVlCES OF F�RT W4�TH
Fa�i Wor�h agrees ta perform the �allowing services for I'artici�a�ing City in connection with fhe
ECC hous�hald hazardaus waste callectian pragram:
A. Fort Worth will adrninister a regianal haUseha{d hazardous waste coll�ction program.
This program will include the operation of the �nvironm�ntal Callection Center, which
will accept fior disposal andlor recycling household hazardous waste from F�auseholds
lacated within Participa�ing City. Fort Workh shall r�ot accept compressed flammable gas
cantainers; radiflactive materials; expfosives or potentialfy shock sensiti�� materials;
biological, etiolagic, and infeciiaus materials; wastes from businesses; and any ather
wastes that Fort Warth has determined are unacceptable,
B. Fort Worth will employ ar reiain persannel #o provide the services nec�ssary to perfarm
Fort Wort�'s o�higations in this Agr�emen#.
C. Fort Worth wi{I enter into a eflntract{s} with waste dispasallrecycling firm{s) for the
handlEng, coliecti�n, transportatian, storage, disposal, treatment, recowery, andlar reuse
of household hazardous wast�, which is coNected at t�e ECC.
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D. Fort Worth will, if requesfied in writing by Participating City, prnvide Partici�ating City with
capies af waste manifests for shipments of waste from the ECC.
E. Fort Warth will, if request�d in writing by Participating City, provide Participating City a
manth�y report of the Participating City's households wha disposed of houschold
hazardous waste at the Environmental Coflection Cenker ar a Mabile Callectian Ev�nt. -
F. �ort WQr�h will issue a report ar�d a bifl at the end af each quarte� detailing t�e number of
Participating City's F10US��l0IC�5 tF�at disposed of househald hazardous waste at the
Environmentaf Collection Center or at a mobile collection event.
G. �ort Worth will act under this Agreement in accordance with all appficable state and
federal {aws.
H. Non-Fort Worth Mobile Collaction Unit
1. Fort Warth agrees to accept househofd hazardous waste fram Participating City's
MCU in accordar�ce wi#h S�ction 5, of this agreement.
2. Fort Worth agrees to restock the items it removes from Participating City'sMCU,
howev�r, F'ort Worth shal! only restock items fisted in �xhibit "'A", attached and
incarparafied herein as if s�t forth.
Mobife Coilection Evenis —Usin� Fort Worth's Unit
!f Parkicipating City wauld like to schedule a mobile collection ev�ent with
the Fa�t Workh Mobile Collectian Unit, Fa�i Wor�h wiil �send Participating
City a list of available dates. Participating City will contact Fort Worth as
�oon as possible to schedu�e fhe �date, time and lacation agreeabfe to
bott� parties.
{a) �4catian
If.Participating City chooses to hald fihe Mol�ife Collection Even# on
private property, Par�icipating City shail obtain a signed waiver
from the own�r of the property � week prior to the eveni. The
waiver shall be in khe form of Exnibit B or simifar form approved by
Fort Worth. The signed waiver must be seni to Fort Worth 1 week
before the Mobile Collection Event. If th� signed waiver is nnt sent
ta Fort Worth 1 week before the Mo6ile Collec#ian Event, Fort
Worth will not s�nd the �'ort Worth Mobile Coflection Unit ta the
event and Participating City wili, in no event, be eniit�ed to any
damages of recovery af any casts, except as provided herein.
(bj Available Dates
Participating City acknowledg�s that Fort Worth contracts wiif�
other municipali#ies and that �ort Worth wiU be accommadating
each P�rticipa#ing City's request nn a firsf come first served basis.
Therefore, Participating City acknowledges that 9ts chosen da�e to
schedule a mobile collection e�ent may be reserved by another
Ci�y and Participating City will have to chaose another date.
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Participating City will, in no event, be entitled to any damages or
reco�ery of any cosis, except as pravided herein.
2. At the M�bile Collection Event, Participating City acknowledges ar�d agrees that
�ort Worth shall acCept household hazardaus u�vas�e from the first �0 households
that show proaf of residency at the MobiEe Collection Event, After ihe first 50 -�
households, �ori Worth wiil determine in its sale discretion how mueh more
waste it can acce�at and siore praperly. If r�ore households arrive at the ev�nt
�han �ort Worth can accepi, Participating City wi11 in no event be entitled #o any
ciamage af recovery of any costs, excepi as providsd herein.
3. Due to the lack of storage space at the EGC, Pariicipating City acknowledges
and agrees that i� it requests the Fort Worth Mobile Collection Unit at a mobil�
collectior� eveni, a Participating City's Non-�'ort Worth Mobife Callection Unit shall
not also be at the event.
�. City, in its sole discretion, will determine wh�fher to send the Fort Warth Mobile
Co{lectian Unit to Participating Cify's CaHection Even# during adverse weather or
the threat of adverse weather including but not limited to sleet, snow, rain, mist or
hail. In the event Fort Worth determines not to send the Fort Worth Mobile
Cnilection Unit, Fort Worth shall notify persons fisted in 5ection 5, Paragraph A
and shall send a Fort Worth employee ta the Partic9pating Cifiy's event to teH any
residents that come to dispose of household hazardaus was�e; 1) that fF�e Fort
Worth Mobile Collection Unit will not be coming to fhe event, and, 2) that the
resident can go to the ECC to dispose af the waste and �rovide a map to the
ECC.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the fa{lawing duties in conneciion with the household
hazardous waste collection program:
A. Participating City will designate flna of its employees, and anoth�r as an alternate, to act
as its househ�ld hazardous waste collection coordinator t� �nteract witl� Fort Worth.
Designated person is: �rt�v� ��rl�� telephone number:����� ���-�7?[07
Pager number or 2�-hour number where he or she can be r�ached: (�I�� �ft �-- ��5�-
Altemate person is ��lv✓a.%._ telephone number� ��`7� ��a -�� �nr,
Pager number or 24-haur number where he ar she can be r�ached: ���-��� 3� - I�,� �
B. Partici�ating City will caordinate and fund a{I program ad�ertising targeted to its own
citizens, as it deems necessary. Such ad�ertising shall inciude the type of wastes that
will be accepted at th� ECG, the requirement of prvaf of residency and w�ather
cance{lation infarmatiort.
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C. Participating City shall notiiy its residents of the ECC hours of operation and dates it is
closed as provided �n Sectiflr� 9"The Environmentaf Gollection Center Hours of
Opera�ian."
D. Pa�ticipating City rnay.chaase to utilize a vaucF�er system for iis residents in order for
#Mem to bring HHW ta the ECC. if Participating City chaoses to use such a sysfiem, it -•
shall notify Fart Worth of the decision, and shall pravide �'ort Warth with a copy of the
official vo�cF�er. In addition, if a citizen from a Participa�ing City that utilizes a voucher
system comes to the ECC ar a mobile callectior� event wiihout a voucher, Participating
City ackr�owledges and agrees thafi Fart Worth will not accept the househofd hazardous
waste until Participating City authorizes the acceptance in writing.
E. Partic9pating City may su�mit a wrEt#en r�quest far a monthly repart listing the number of
its city's hausehofds that have disposed of hous�hold hazardous waste at the ECC Qr a
mab�ie collection event.
F. Participating City shall provide traffic cor�tro{ and signage for the mobile collectian
events, and shali provide pers�nnel to assist Fart Worth with the survey and screening
of persons dropping aff hausehold hazardous waste. The par�ies prior to th� event shall
agree upan th� details of the traffic confrol, signage, and persannel assistar�c�.
G. Participatina Gitv's Mobile Collection Units Collectinq Household Hazardnus Waste
�, Participating City shali advise fihe ECC program manager at least 72 hours in
advance af its mabile coflection events. Participating City shall collect only HHW
d�rin.g a mobile collection event. Wastes from commereial, agriculturaf, and
industrial sources shall nat be accepted. Participating C9ty shaEl not accept
campressed flammable g�s cantainers; rad€aactive materials; explosives or
patentia�ly shock sensitive materials; biolagical, etialogic, and infectious
materials; and any ather wastes that Fort WorfF� has determined are
unacceptable,
2. ln accordance with the latest DOT reqUirements, Participating City's MCL!
aperators will properly categorize, package, mark, label, and load into the MCU,
all wastes received at the mobile callectron event. Recyclable products (used ail,
used oi1 filters, latex �aint, recyclable anti-freeze, lead-acid batteries, and
fluarescent lights) will be segregated inta containers for recyciabies.
3. After accepting wastes, Participating Gity's MCU operators shail tf�oroughly
ct�eck each contain�r for prop�� labeling and identification. If a container is
prop�r�y identified, the material wiH be segregated accQrding to hazard class and
�r�pared for packaging. 1f a cantainer does nat have adequate kabefing to permit
identification, the MCU nperators shal{ then attempt t� identify the material fram
its physicaf charactEristics using HAZCAT analysis and from informatior� provided
by ihe household presenting the waste.
4. The Participating City's MCU opera#ors sha11 pacltage all itazardous mateeials in
accc�rdance with Unite� States Department of Transportation (DOT)
re�uirements, United States Er�viro�mental Protection A�ency (EPA}
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requirements, and aii other applieable �ederal and state requirements. After all
the wastes have �een properly idenfified and segregated, the MCU operators wilf
reexamine the wastes for compatibility, fist them on the container ea�fent sheet�,
�nd pack them inta drums. Oi[-based paints and latex paints shafi be bul�cecf
separateiy in 55-gallon drums, or if the paint is keft in its container, the paint can
b� packec� in a liRed cubic yard box, and packed and laheled accarding to federal -•
and state regulations. Participating City shall not transport waste that is not HH1111
to fihe ECC. Participating City agrees to make its awn arrangem�nts ta dispose of
any non-HHW waste collecteti at fihe event.
5. Prior fo transparting the HHW fram the co�lectian event site(s), Participating Cifiy's
MCU op�rators shail complete a Bill of Lading, and sf�all keep the Bill of Lading
in the cab of the truck hauling th� MCU during transportation of the HHW to the
ECC. Partieipating City shall re.quire that a min9mum af one copy af the latest
Narth American �merg�ncy Response Guideboa4c be kept within the cab of the
truck.
6. During transportation, Participating City's MCU operators shall pkacard the MCU
for transportakion of hazardaus waste ln accordance wit1� federal and state faw.
7. Upon the return af tf�e MCU to tf�e ECC, Participating City's MCU operators shall
foHow the instructians of Fork Worth regarding the placement of the MCU for
unloading. Fort Worth shall take possession af the MCU from Participafing Ciky
after the MCU has been properly parked far uNoading in accordance with �ort
Worth's instructions and all requir�d documents ha�e been delivered to the ECC
program manager or �is d�signee at the ECC. Fort Worth shail, within a
r�asonabfe amount of tim�, unlaad the HHW from the non�Fark Warth MCII and
store the HHW at the ECC.
8. If �ort Warth, in its sale discrefian, determin�s that Participating City's MCU
operators improperly packaged any af the HHW delivered to the ECC, 1=ort W�arth
sha11 repacicage such waste, and Participating City shall reimburse I�or� Warth as
set forth in 5ection 10., Paragraph B.
9, I# a spi11 accurs at the � ECC whife the MCU is stilf in Participating City's
possession, Fort Wor�h shafl �ake control of the spill response and Participating
Ci#y will reimburse Fart Worth for its response costs as sei forth in Section 90.,
Paragraph C.
� 6.
USE OF WASTE DISPOSAURECYCLING FIRMS FOR H�USEHOLD HAZARDOUS WASTE
A. �o�t Worth will enter inta a cantract{s} wtth waste disposaflrecyciing firm{s) for the
handling, collection, transpprtation, s#orage, disposal, treatment, recovery, andlor reuse
af household hazardous waste, which is collected at the ECC.
B. 5uch firm(s) sha�l be required pursuant to the ccntract(s) to assume generator status for
the waste collect�d, (excluding used ail, lead-acid batterEes an� antifreeze) to choose a
�
disposal si#e far the waste subject to �ort Worih's approvaf, and ta indemnify �'ort Worth
and participati�g cities against any and all envirnnmer�tal damages and the violation of
any and al1 environmental requirements resulting fr4m the handling, collection,
transportation, storage, dispasaE, tr�a�ment, recovery, andlor recycling of waste collected
pursuant to this agreemer�t, when said enviranmental damages ar the violation of said
environmental requir�ments was ihe res�lt of any act ar amissiort of contractor, its -°
officers, agenfs, employees, or subcontractors, flr the �oint act or amissian of contractar,
its officers, agents, employees, or subcantractors and any other person of en�ity.
C. THk P�►R�I�S Ft�COGNI�� i�IAT AL7FfOUGF� ibE F'I�NY {5) WILL �� R�QU[Fi�D
TO ASSUiilll� C�N�R�iOR SiAYUS, iHIS AS5UN1��'ION l�111L� iV�i Rl�I�IEV�
�A�ti[CIPATIN� CIiY OF LIA�I�IiY �OR YH� W,4STI� UN��R 1��D1�RAL �Aldl�
i4N� STATE LAW. Fart Worth will arrange for recycfing vendors for used ail, batteries,
an#ifraeze, and other materials, as it deems apprapriate.
7.
REUSE QF COLLECTED MATERIALS
A. From tir�e-to-time Fort Worth wiEl make available to residents and businesses of Fart
Worth, as we�l as, Partici�a#ing Ciiy and residents and businesses of Participating City
far their use, collected house�told hazardous waste maierials that are suitai�le far reuse,
such as paint, fertilizer, motar oil, and antifreeze. Fart Worth shall not charg� for any
materials that a�'e picked up for reuse.
B. Some mat�rials made avai[able #or reuse may have been consalidated and filtered by
Fort Worth prior to being made available. Used antifreeze will have besn car�solidated in
a barrel, filtered, and pH balanced, and new antifreez� may have been added to �f�e
barrel.
C. In regards #o rnaterials accepted by Participaiing City, �ORi I�VOR�� [�AF�ES iV0
R�P�S�N�AYIONS, WARRANTI�S OR GUARANi[�S THA�
the container con�ents are what tF�e label indicates;
2. the cor�tainer contenis are those originaliy placed into the container by the
manufacturer;
3. ihe product 9s of the quality intended for its use;
4. the contents of khe confainer ha�� �een stored properly;
5. the instructiflns on the container label far use, starage, and first aid are current or
correct;
8, the conta9ner is in unimpaired candition;
7. the product is still appraved for use (i.e., it has not been banned or recalled); and
8. t�e product can be used without risk to persons, property or the environment.
�
FURTH��IV�O��, ALL WAFtRANiE�S, �XPE�FSS AN� II�PLI��, AR�
SPECi�'ICA��Y DEFlI��.
D. Participating City shall contaci the ECC program manager to arra�ge a pickup iime ta
abtain materials. Participating Gity agrees that it shall not return toFort Wortn, directly or -�
indirectly, ar�y materials it obtains from Fort Wartt� under this paragraph.
E. IP! R�C�►RDS 10 fVIAi�Rl�LS ACCFPY�� �Y p���ICIP�►iI�G C1�'1(,
�A�iIC1Pp►TING CiiY D��S F��Ft�BY W/�IV� ALL C��►lf�S� 1PlCL,U�INC
�R09UCY5 LIA�I�fTY CL�IMS, r4�ID R��,�AS�S, AAE� HO�DS Fi�►R�IIL��S TH�
CIiY O� �'�RT 1NO��H, p►NA p►LL O� li5 O��'CCIA�S, �F��C�RS, �fNPLOY���,
AC�IViS, �4PlD VO�UNTEERS, lIV BOT'H �Fi�iR PU��IC APlD �RIV�►i�
CA�'ACITI�S, FROM ANY AND AL�. LIAB1LtiY, CLA,lMS, SUi fSr b�NYAAIC7S,
�XPEhlS�S O� LITIGA�lON, OR CAUSES OF ACYIOfV WH1Ch1 tillAY A�tIS� BY
R�AS�R! OF [Al.�UFiY TO ��RS�NS, �OSS OF ��OF'�RTY, �AfV�AC�E i�
PFiOPER�Y, OR LOSS O� USE OF AiVY PROP�RTY , OCCASIOf�E� �3Y iW�
TR�IVS�'ORiAYION, STORAC�, �iANDLIN{�, US�, AND DfS�O�A�, �Y
PARiIC1PAiING C1T'Y �� A�lY IViAi�RIA►�,S ACC�PT�D �Y �ARi"[Cll'AiIWC CI'TY
L1P���R'i�115 AC���IIflLFli ��OfVI �ORi WORi�I.
F. In regards to materials acceptad by residents or businesses of Parkicipating Cities,
�ORY F�U'�RiH I�iAK�S NO ��PR�S�NTAYIONS, WA�RAA6il�S O� GU�l�4�Ti�S
TF;Ai:
2.
3.
4.
5.
6.
7.
t�e coniainer contents are what the label indicates;
tF�e contair�er contents are those originally placed intn the cantainer by the
manufacturer;
the product 9s ot the �uality intended for its use;
th� contents of the container have been stored prop�rly;
the instructions an the cantainer fabel for use, starage, and first aid are current ar
correct;
the container is in unimpaired candi#ion;
the product is stiA ap�roved for use (i.e., it has not been banned ar r�caEled); and
8. the product ean be used withaut risk to persons, praperty or the environment.
�URiH�Ri�iQ��, �,LL WA�t1�►NYI�S, �X�R�SS �►M� 1l4lIPLl��, �►R�
Sp�C[1�IC,A��Y DI�NI��.
G. Partici�ating City shall attempt to inform its residents and businesses thai if they go to
tha Environmental Collection Center to pick up hausehold hazardous waste for reuse, a
re{ease of liability must be signed to acc�pt the hous�F�o1d hazardous waste for reuse.
1Q
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fart Worth shaf� have the right to refuse to accept waste at the
ECC fram Participating City"s reside�t and ta eject such individual from fhe premises of the
ECC, if in th� reasonable judgment of Fort Wor�f�:
A. The waste is not household hazardous waste;
B. The was#e fails to meet other established criteria esfablished by this Ag�eement, ar that
ha�e been established by �art Worth subs�quent to the execution of the Agreemeni;
C. The individual does nof ha�e sufficient identification to establish that helshe is in fact a
resident of Participafing City;
D. Participating Cify has implemented a �oucher system for its residents ta dispnse of
waste, and the individual does not have a valid ��ueher; or
E. The waste or the individual presents a hazard to the ECC ar to persons or property ai
the ECC.
9.
ENVIRONMENTAL COLI.ECTfON CENTER HOURS AND DAYS
OF OP�RATION
A. Haurs ofi Operation
During the term of the agreement, the ECCs haurs o� opera�ion are as follows:
Thursday and Friday 11 :00 a.m. -7;00 p,m.
Saturday 9:00 a.m. -3:00 p.m.
B. Days the Environmental Callectian Center will be closed
�uring #he term af the agreemen�, �he ECC will be closed on the following days:
Thanksgi�ing Holiday, November 22 �23, 20a1
Christmas Holiday, December 2q�- 25, 2001
�ecember 30, 20�1 through January 1�, 2002, for cleanup and repairs
M.L.K. �ay January 21, 2002
Memorial Day, May 27, 2002
Independe�ce Day, Juiy 4, 2002
Labar Day, Septem�er 2, 2002
C. Natifying Residents
Participating City agrees to notify ifs residents of the ECC's haurs af operation and dates it will
be closed. Participating City may advertise the 24-hour Environmentaf Collection Center
11
telephone �umber ta give its residents the Environmental Coilection Cer�ter's hours. The
number is: (817) 871-5257.
'f 0.
COMPENSATION
As fair campensation for the services provided by �ort Warth pursuant to ths agreement:
A. Participating City agrees to pay For� Worth the sum vf $60.OD per hausehald psr visit to
the ECC ar per household f�r participation in a Mobile Collection Event to dispase of
hausehold hazardous wasf�.
B. If Fort Wartt� determines that Par�icipating City's MCU aperators improperly packaged
any of the HHW delivered to the ECC, Fori Wort1� sY�ali repackage such waste, ar�d
Participating City shall reimburse Fort Worth for �t staff time at $20.40 an hour and the
cosi of supplies.
C. If a spi11 occurs at the ECC while the Nan- �ort Worih MCIJ is still in Pariicipating City's
possession, Fort Worth sha11 take control of the spill response and Participating City will
re€mburse Fart Warkh far its response costs of $60.D0 per hour stafF time and the casi of
supplies.
D. The amount d�ae to Fart Worth for services provided under this Section, Paragraphs A,
B, and C, shall be billed to Participating City quarterly. Parfiicipating City shall pay Fort
Warth witF�in 30 days of receiving a�ill from Fart Worth, if Fort Worth daes not receive
paymEni within 30 days, Fort Worth shall irtform Participating City in writing that ii will not
accepi any household hazardous waste from Participating City's residents and that F'art
Worth will nat pariicipate in a mo�ile collection event or provide a mabile collection unit
ur�tii paid.
E. At the end flf the term of this Agreement, Fort Worth shall pravide a final accounting to
Participating City, which wi11 include the tota! nurnber of Participating City's households
which �articipated in the �rogram, repacEcagfng fees, �f any, and the total cost of spiH
respanse charged� to Par�icipating City, if any.
F. Pursuant to tF�e requirements af Government Cade §79
Fort Worth und�r Subparagraph D. above shall be
a�ailable to Participating City in the {�resent fiscal year.
1.0'f 1(a)(3}, th� amount due to
paid from revenues currently
�
12
19. '
ARTWORK, "CAPTAlN CRIJD AND THE CRUDD�ES," AND PROMOTIONAL MATERIAL.S
LICENSE AGREEMENT
Fort Worth is the owr�er of "Capiain Grud" and the Cruddies ("�loomer," "`Dtto," "Pes�ie,
"Scrub," and "Van Coo"} "Conquer Ynur Crud," and "Crud Cruiser"', and therefore all -•
ownership rights beEang to Fort Wo�th. Fart Worth has registered these mar�s as service marks
with ihe Secre#ary of State.
A. Fort Worth hereby grants to Participating C€ty a non-transferable, non-exclusive license
ta use aN th� artwork and prflmotionai materials that may be pro��ded by Fort Worth to
be used solely in the conduct of the business of Participaiing City's disposal and
recycling of household hazardous waste programs. If Participating City wish�s to use to
Licensed Art andlor Promotianal Materials in othe� limited sifuations, ParticipatEng City
must first obtain express written consent fram Fort Worth.
B. Fort Worth may pr�ovide licens�d Artwark and Promotional Materials to Participating City
pursuant ta the terms of this Agreement. Participating City acknowledges that by vir�ue
ofi this Lic,�nse, Partici�ating City acquire5 anly the right to use tF�e ariginal and p�rmitfed
ciuplicate capies of the Licensed Artwark and Promotional Materials and does not
acquire any rights af ownership ir� the Licensed Ar�work and Promotional Materiais,
which rights shall remain exclusively with Fort Worth. If Participating City wants to madify
or change the artwork andlar promoiional materia�s in any manner, Participating City
F�ereby agr�es to contact Fort Warth in wri�ing ta obtain written consent before modifying
or changing any artwork andlo� promotional mat�rials. �
C. If Participa�ing City desires an actor to partray "Captain Crud" for an event, Participating
City sha11 use actors appro�ed by F'ort Worth to portray "Captain Crud" since "Captain
Crud" is owr�ed by Fart Warth. Participating City sha�l be soEely responsible far
compensating actor for the services pravided to Par�icipating City. Participating City will
cantact Fort Worth as soon as possible with the date and time of the event agreeable to
both parties to abtain approval #or the chosen actor and to request and pickup the
"Captain Crud" costume 'for its e�ents. Fort Warth will prflvide th� "Captain Crud"
costume. However, Participating City agrees to be liabfe to Fart Worih �or any damage to
the costume or if Participating City fails to return the entire castume ta Fort Worth ar if
the costume is not retu�ned in the sam� condition as received.
12.
lMMUNITY
It is expr�ssly understaod and agreed that, in the execution of this Agreement, nane of #he
participating cities waives, r�ar shall be hereby deemed ta waive, any imrnunity or defense that
would otherwise be available to it against claims arising in ff�e exercise af go�ernmental powers
and #unctions, and thai th� services described in this Agreement ar� a ga�ernmenta� function.
13
13.
F�RCE MAJ�URE
A deCay or failure ofi �or# Worth to pertorm services pursuant to this Agreement shall be excused
to the extent that the delay or failure to pertarm resulted from a force maje�re event, and the
delay or failure was beyond the cor�tro[ of �ort Wor�h and not due to its fault or negligence. -�
Participatin� City shall not haveT and he�eby wai�es, any cEaim whatever for any damages
resulting from defays or failure to pertarm caused by a force majeure event.
1�.
TERMINATION
The pa�ties shall each have the right ta ierminate the Agreement i�r any reason, with or withaut
cause, upon thirty (30) days written notice to the o#h�r party. Upan terminatian, the parties s�all
be r�leased from all contractual obligations to th� other party excluding "L1SE OF WASTE
DISPOSALlR�CYCLING FIRMS FOR HOUSEHOLD HAZARDOIJS WASTE" {Paragraph 6}
"REUSE �F COLLECTED MATERIALS° (Paragraph 7} and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDlES," AND PROMOTIONAL MATERiALS LICENSE AGREEMENT'
(Paragraph 11 }.
15.
NOTICE
Any notices required ta be given under this Agreement shall be delivered as foilaws:
�� t0 �Oft VI��Ck�l:
Brian Baerner, CHMM, Directar
Department of Environmental Management
City af �or# Wor�h
1 DQO Throckmorton
Fort Worih, Texas 76102
lf to Partic�patir�a City:
��r'a v� Uurn s, �o r�/.� i� k�r
��-�. r���, � ���r�..�
� o - �� � 1 ����
►-�.� � �, (',.i � ���x
� / � `7lor��
16.
ENTIRETV'
This Agreement eantains all commitments ar�d Agreements of the parties hereto, and no other
aral or written cammitments shall i�ave any force or effect if not contain�d herein, except that
this Agreement can be amended or madifi�d by the parties if such amendment or modification is
in writing and signed by Participating City ar�d �ort Workh.
14
17.
SEVERABILITY
In tha ev�nt ar�yane or more o� the provisions contained in this Agreement shall far any reason
be held to be invalid, illega�, or unenforceab�e in any respect, such invalidity, illegality, ar -�
unenforceability shall nai affect any other �rovisior� thereof and this Agreement shalf be
construed as if such in�alid, illegal, or unenfarceable provisians had never been can#ained
herein.
'f 8.
VENUE
Should any action, real or asserted, at law or in equity, arise out af the terms and canditions of
this Agreem�nt, venue for said action shaEl be in Tarran# County, Texas.
19.
AUTHOR{TY
This Agreement i5 made for �ort Wo�th and Participating City as an Interlocal Agreement,
pursuant to Texas Gavernment Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers andlor agents af the parties hereta are praperly autharized officials
and have the necessary authority to execufe this Agreement on behalf of tF�e parties hereto, and
each party hereby cerkifies to the other that any necessary resalutions extendin� such autharity
nave been duly passed and are now in full force and effeci.
15
1. f
EXECUTED 1N TRIPLICATE
CITY OF FORT WORTH
gy. ,,"�
i� �•' )
� � a �
�
L'% y Wat n
Assistant Ci M�na,ger
Date: �fi� � t
r �
APPROVED AS TO FORM
AND LEGA�ITY:
St lit B
ATjY�ST: �--�
� %
.� �
N ;n,-
loria Pe n
City Secr tary
�� �����
Contract auihorization
���g���
Date
�
� � _ , . ��_ .i r� I
Printed name: W �-.��</� (_�i�l�rl 5�����
Title: Mayor � /f �i
Date: � �„ �.� ��- �.� � � �
/kPPROVED AS TO FORM
AND LEGALITI�:
4 . 1
�• { � � r
�City Attorney
ATTEST:
�
it ecretary G '
_ - �F
16 �'I�ULVIa� I�'L�� `l���L�J
r�0�, - - - - -���'� I
��� � � � � E�� I
�
�xhibit "A"
��ST�CF�Ii�� [�I�� ��� iH� IVYOBI�� C�LL�CiION Uf��l`
Iwa��rial � Amoun� Restock�d Special Needs � Remarl�s
55 galEon agen top Amount taken off the
drums (open top for trail�r
loose packs) .
55 gallon drums Amount taken off the
(closed top) (oil, trai�er
antifreeze, bulk
flammable materials
a�d one extra)
Fi�er drums (55 or 3Q
gallor�) Aerosofs, Amaunt taken off the
acids, bases and trail�r
oxidizers) .
Gaylord box liners
(plastic) Amount taken aff the
trailer
55 gallon drum liners
Amount taken off the
frailer
5 ga[lon buckets
(�Iterslhaz chemicals} Amo�nt taken off t�e
trailer
Survey Forms
Ama�nt taken off the
trailer
Labefsldrum placard
Amflunt taken off the
trailer
Gaylord baxes
Amaunt taken off fhe
trai[er
Absarbent pads
Amount taken off the
trailer
Vermiculite
Amount taken aff fhe
trailer
Oil dry
Amount taken aff the
trailer
Pramotianal Materials ,
& Brochures Amount needEd _
17
Exhibit "B"
WAIVER AND RELEASE O� LIABILITY �OR COLLECTION �F HOIJSEHOLD
HAZARDOUS WASTE
l being the owner of property located at
have been asked by the City of to allow a mobile collection
event on my property to colEect household hazardous wast� o� the , 2001.
In consideration of , I Y�ereby gi�e my perm�ssian ta the City of
to hold a household hazardous waste copectior� event on my
proper�y in which the City of has asked the City of Fort Worth
to send its mobile collection unit ta collect the household hazardous waste that is brought to #t�e
event.
Thsrefore, in cansideratian o� , l hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents,
and em�loyees and the City of and its officers, agents,
andlar amployees fior any and all claims, demands, liability, eauses of action, acfions or suits af
any character that I may have against the City of Fart Worth or its vfficers, agents, andlor
employees and ihe City of or its affGers, agents, andlor
employees for any property lass ar �amage, for arty and all personal injury including deat� or
any other damage of any kind or character which may arises ar that arises fram allawing the
City of to hold a hous�hold hazardous waste collection event, in
which the City of Fort Worth sends its mal�ile collection unit o� my property.
I have read ihis WaiWer and Release and fully understand its terms and canditians_ l have nat
been influenced in any extent whatsoe�er by any re�r�sentation or statements not contained in
this Agre�ment. I here�y acknowledge that this Waiver and Release is given in consideration of
Signature
Witness
Date
18
�
�'i%� o, f .�o�t �oYth, T'exa�s
,
�� � .s, �! � �
� ��11`��1, I�1 �.. � � "� 1 � �
C1ATE - - - - REFER�NCE NIIMB�.I� -. - - "RUG NAML PA •�" - - �- � - - -
10J9/0'! *'��-9 �%%�' �2COl.tECTIC7N 1 �of 2
SUBJECT APPROVA�. Ofi [NTERLOC L AGREEMENI'� WlTH VARfO'l1S 111�UNICIPAL(TIES FOR
iNElR PARTICIPATION AT THE ENVIRONMEhlTAI. CO�.LE�TI�N CENTER
REC�MMENDATION; �
It is recommet�ded that the City Council a�thorize the City Marrager ta exec�te Interlocal Agreements
with varia�s municipalities/entiti�s for fheir par#icipa�ion at ihe Environm�ntal Collec�ion Genter.
DISCUSSIC)N: �
The City's En�ironmenial Collectian Center is n�w in its fifth year ofi vp�ration coliecting �ousehold
hazardous waste from the citizens of Foti Worti� and surro�anding comm�tniti�s on a year-raund basis.
in order for non-Fori Worth citizens to participate at the center, each municipaliiy is requir�d to e�ter
inta ar� Interlocal Agreement with the City of Fart Warth.
Last year, �3 area cnmmuni#ies signed pariicipation agr�ements with the City. Far the upcoming year,
we expect that number to rise ta 24 communiti�s. The rate per �ousehold for the period covered by
ti�ese agreeme�ts {Octob�r 1, zaa�, througf� September 3Q, 20D2) is $�D. it is anticipat�d that
apprvximately $3a0,000 will be call�cted under these agreements.
This agreement autlines the r�sponsiqilities af each p�rty, establishes the rate far participatiort, an�
delineates the use of seruice-marked public ed�cation materia(, The City is respor��ible for the averall
operation of ti�e center, inciuding contraeting with a hazardous was#e dispasal company for
trans�ortation and disposat af materials callected.
7he fallowing entit�es have expressed an interest or have alreac�y committed to participation for the
periad �ctober 1, 2001, through September 30, 20Q2:
Arlington*
Ber�brook
Everman"`
Grapevine
Keller
Ricf�land Hills*
S#ephenville
UnEncor�orated Tarrant County
Azie
B�urlesan
Euless
Haltom City
Newark
River Oaks
Southlake
Venus
Bedford
Colley�ille
Grand Prairie�
Hurst �
North Richiand Hiils
Saginaw
Uppe�r Trinity Regional Water
Watauga
*These municipalities are expected ta participate, but have not yet returned their approved a�re�ments.
DAiE
� o�s�a �
5U6JECT
C'ity o, f l�ort �orth, Texas
����� a�� C��r�c��L
�������ata���
REF�RENCE IVUMBER .. LOG NAME --• i'AV�..
** 52COLL.ECTION_ � 2 of 2
C9� �77�
APPROVAL OF INTERLOC L AGREEMEN�S Wl�i H�VAh�IUU� MUNICIPALiTIES F�R
THEIR PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
F'15CAL INFORMATI4NICERTIFICATION:
The Finance Director certifies that the Environmenta{ Management Department wi�l be respansible for
the colfection and deposit of funds due to the City under tF�ese agreements.
LW:}�
Submftted for City Maaager's
Ofiice by:
I.ibby Watsan
Originating Aepart:ne�nt Head:
Brian Boerner
6583
8079
I k'i11�iD I ACC�UNT I
� (to)
R103 �48822D
I (from) �
CENTER � AMOUNT CI'�' SECRETA.RY
Q5211a0
APPROV�I] 10/09/01
DA7E
� o�s�a�
5U&1�CT
�'�iy o, f .�'ort �'o�`h, T'exas
l��y�r ��� Co��c��
�o�u����t���
F2EFEREI�CE NUMBER � Ll]G IVAME PAG� �
**��� �'�'�7 52COLLECTION 3 af 2
APPR�VAL OF INTERLOC i. AGRE�MENTS WI I H VARIO 5 MUNlCIPA�ITjES FOR�
THEIR PARTIClPAT14N AT THE ENVIRONMENTAL COLtECTION CENTER
--- - - I- — --
Addationa! Information Cantact:
BriBn Boerxaer
8079