HomeMy WebLinkAboutContract 27144CITY �ECR�i��Y z - _ ,,
..'.C��1TFiACi NO . �t .: _` . . � A
INTERLOCAL AGREEMENT FOR PARTICIPATION iN FORT WORTH'S
ENVIRO�lMENTAL COLLECTION CENTER
HOUSEHOi�D HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and beiween the City of Fort Warth, Texas, a I�ome-rule
municipal corporation situated ir� Tarrant and Den#on Caunti�s, Texas, hereinafter called "F'ort
Worth," acting herein by and through Libby Watsan,' its duly authorized Assistant Ciiy
Manager, and The C i ty of Watau�a a municipality situated in Tarrant county
T�xas, h��einafter called "Particfpating City," actir�g herein by and thraugh Hecto r F. Ga rc i a
its duly autharized Mayor ,
W�TNESSETH
WHEREAS, Texas Government Cade, Chapter 791, authorizes th� formulation of interlocal
caoperatio� agreements between and amang local gavernme�ts; and
WHEREAS, Texas Government Code, §791.01 � pravides that a lacal governmeni may contract
with anotY�er to pertorm gover'nmental functions anci services, and �791.003{3}(H) defines wast�
disposal as a governmental funciion and serrric�; and
WHEREAS, Texas Government Code, §799.025 provides fhat a local go�ernm�r�# may agree
with another local government to purchase servicas; and
WHEREAS, Fort Worth and Participating City desire to enter into an int�rEocal agreement
w�erehy Fort Worth will p�rcF�ase the services of a waste disposallrecycfing firm or �irms and
wiil administer a household hazardaus waste c411ection pragram; and
WHEREAS, Fort Warth and Participating City mutually desire to be subject to the provisians of
Texas Gov�rnment Code, Chapter 79�, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows;
1.
DEFINITIONS
A. Un�ess a provisian in this Agreement exp�icitly states otherwise, the following terms and
phrases, as used in thEs Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasianed by the direct, immediate, and exclusive operatEon
of tne farces of nature, uncontrolfed ar uninfluer�ced by the power of humans and without
human intarv�ntion.
• Sill of Ladinq lists ihe contents of the mobile cvlEection unit.
En�ironmental Collection Center (ECC) means the City af Fort Worth Department o#
En�ironmental Managemenf facility lacated at 6440 Brfdge Street, Fo�t Worth, Texas,
which is to be used by Fort Warth for the aggregation af hausehold hazardous wastes
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ihat nave been brought t� the iac�lity by participating cities' households for subsequent
recycl9ng, disposal, andlor reuse.
Environmental damaqes means all claims, judgments, damages, losses, penalties, fines,
liabii9ties (including strict �iability}, encumbrances, liens, costs, and expenses of
investigation and defense of ar�y ciaim, whether ar no# such claim is ultimately defeated, -
and af any gaod faith settlement or judgment, of on►hate�er kind ar nature, coniingent or
otherwise, matured or unmatured, foreseeahle or unforeseeabE�, including wi#hout
1�mitation reasor�abie attarney's fees and dis�ursements and cansultant's fees, any of
which are incurr�d subsequent to the 'executian of this Agreement as a result of the
handling, callectian, iranspartation, storage, disposal, treatme�t, recovery, andlor reuse
af waste pursuant to this Agr�ement, or the existence of a violation of environmental
requirements pertaining t� same, and incl�ding without limitafiifln:
(a} Damages fior personal injury and death, ar injury to property or naturai resources;
(b) Fees incurred for th� services af attorneys, consultants, contractars, exper�s,
laboratories and all other casts incurred i� connection with the investigation ar
remediation of such wastes or violation of enviror�mentaf r�quirements including,
bUt not IimEted � to, th� preparation of any f�asi�ility studies or reporis or the
performance ot any cleanup, remediation, removal, respanse, abatement,
containment, closure, restoration or monitoring work required by any federal,
state ar iacal gover�mental agency or political subdivision, ar otherwise
expended in connection with the existenee of such wastes or vialations of
�nvironmenfal requiremenis, and incfuding without iimitation any aitorney's fees,
co�ts and expenses incurred in enfnrcing this Agreement or colkect�ng any sums
due h�reunder; and
(c} Liability to any third person or gflvernmental agency ko indemnify such person or
agency fo�- costs expended in connectior� with the items referenced in
subparagraph (b) her�in.
Environmental re�uiremen#s means afI applicabEe present and future statutes,
regulations, rules, ordinances, cades, licenses, permits, orders, approva[s, plans,
au�harizations, concessions, franch9ses, and similar items, �f a1lgo�ernmental agencies,
departments, cammissions, boards, bureaus, or �nstrumentali�ies of the United States,
states, and political subdivisions th�reof and all applicable j�dicial, adminis�rative, and
regulatory decrees, judgments, and orders relating to the protectian of human F�ea[th or
the environment, including without limitation:
(a} All requirerrtents, including but nof limited to those pertaining to reporting,
lice�sing, permitting, investigation, and remediation of emissions, discharges,
releases, ar threatened releases of hazardous materia[s, pollutants,
contaminants, or hazardous or toxic substances, materials, ar wastes whether
so{id, liquid, or gaseous in nature, into the air, surface waier, groundwater, storm
water, or land, or relating to the manufacture, processing, distribution, use,
treatment, starage, disposal, transport, or handling of pollutants, cantaminants, ar
hazardaus or toxic substances, materials, or wasies, whether solid, liqui�, or
gaseous in nature; and
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(b) All requirements pertaining to the protection of the health and saf�ty of
employ�es or ihe public.
Force maieure means decrees of or restraints by a governmental instrumentalEty, ac#s of
God, work skoppages due to labor disputes ar strikes, fai{ure of Fort Worth's -�
contrackor{s) to pertarm pursuant to their agreements witl� Fart Worth for the canduct of
ti�e collection of household hazardous waste, fires, explosions, epidemics, riots, war,
rebellifln, and sabotage.
Hausehold hazardous waste {HHWI means any solid waste generated in a household by
a cor�sumer which; except for the exclusion pro�ided for in 4a CFR § 269.4{b)(�}, would
be classified as a hazardous waste under 40 CFR Part 26�.
Manifesf ineans the uniform hazardous waste manifest form(s) fur�ished by the TNRCC
to accampany shipments af municEpal hazardous waste or Class 1 industrial solid waste
fof waste �ransported to a site in Texas, or the comparable manifest of the recei�ing
state if the waste is transported out of Texas.
Mabile collect9on event means a hausehold hazardous waste collection event �y
Participating City utilizing a mobile collection unit.
�ort Worth Mobile coll�ction un9t fMCUI means a non-self-propelled vehicle used for the
periodic collection nf ho�sehold hazardous waste by Participating City, aff-site of the
ECC, which is transported #o the ECC ta dispose of the housef�old hazardous waste
col�ected at the mobile callection event. The Fart Wor�h Mobile Callectian Unit is
designed to hold the hazardous waste af approximately 54 ta 75 hvusehalds.
Participatinq Cities, when us�d in the plural, means Fort Warth, Participating City, arid a11
other entities which have en#ered into interlocal agreements with Fort Worth for ihe FCC
hous�hold hazar.daus wasie collection program.
Person means an individual, corporation, organizafiian, government, ar ga�ernmental
subdi�ision vr agency, business trust, partnership, associatior�, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Healt�
and Safety Code §361.003, and incEuding hazardous substances.
B. Unless a pravision . i� this Agreemen# explicit�y states oiherwise, the following
abbre�iations, as used in this Agreemenf, sha11 have the meanings hereinafter
designated.
CERCLA - Gomprehensive Environmental Response, Compensatian, and Liability Act.
CPFi - cardinpulmonary resuscitation.
D�T - United States Department of Transporiat9on.
ECC - Environmental Collection Center,
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EPA � United States Environmental Protection Agency.
HAZCAT - hazardous categorization.
HAZIN�PER -�azardous wasie operations and emergency response. -�
HM - hazardaus materials.
HH1N - household hazardaus waste,
MCU - Mabile Collection lJnit.
2.
PUFtPOSE
The purpas� ofi th9s 9nterlocal agreem�nt {hereafter "Agreement") is the pr�v�sion of services by
�ort Worth to Partiaipating Cify wf�ereby, subject ta t�e terms and canditions specified below,
Fort Worth wili administer and supervise a regior�al househald hazardous waste collection
program, wfiic#�t will be available ta households within Participating Ci#y.
3.
TERM
This Agreemer�t shall be effective from ihe date the last party has signed th�s agreement
through Sept�mber 34, 2002.
4.
SERVICES OF FOFtT WORTH
Fort Worth agrees to perform if�e foilowing services fcar Participating City �n connection witF� the
ECC hous�holcf hazardous wast� co!lection p�ogram:
A. Fflrt Worth will administer a regional hausenold hazardous waste collectinn progr�m.
This program will include the o�eration af the Environmenial Colfection Center, which
will accept for disposal and/or recycling household hazardaus waste from households
located within Participating City. . Fort Worth shall not accep# compressed flammable gas
cantainers; radioactive materials; explosives or patentialfy shock sensitive materials;
biological, etiolagic, and ir�fecfiious mater9al�; wastes fram bus€nesses; and any ather
wastes tl�at Fort Worth has determined are unacceptable.
B. Fart Worth will emp�oy ar retain personnel to provide tF�e services necessary to p�rfvrm
�ork Worth's obligati�ns in this agreement.
C. Fort Warth w�ll enier inta a contract(s) with waste disposaVrecycling firm(s) for th�
handling, collection, transpa�ation, storage, Cf15pQ5�I, treaiment, recovery, andlor re�se
af household hazardaus wast�, which is colkected at the ECC.
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D. Fort Worth will, if requested in writing by Participating City, provide Par�Ecipating City with
copies of waste manifests for shipments of waste �rom the ECC,
E. Fart Warth wi1l, if requested in writing hy Participating City, pravide Par�icipating City a
monthly repart of the Participafing City's households who dispased af haus�F�old
hazardaus waste at the Environmental Colfeciion Center ar a Mobile Collectian Event. -�
�. Fort Worth will issue a�eport and a bill at th� end of each quarter detailing the num#�er of
Parkicipating City's households that disposed of household ha�ardous was�e at the
Enviro�mental CQllection Center or at a maf�ile collection e�ent.
G. Fark Worth will act under this Agreement in accardance with all applicable stat� and
federal laws.
H. Non-Fort Worth Mobile Callection Unit
1. Fort Warth agrees to accept household hazardous waste from Pa�ticipating City's
MCU in accordance with 5ection 5, of this agr�ement.
2. Forf Worth agrees fio restc�ck ihe ifems it removes from Participating City'sMCU,
hawever, Fort Worth shall anly restock items listed in Exhibit "A", attachecf and
incorporated �terein as if set forth.
Mobile Collection �vents —Usina F'ort Worth's Unit
9. I� Participating City wfluld kike to scF�edule a mobile cofEection evenk with
fhe Fort Worth Mob�le Coliection Unit, Fort Worth will send Participating
City a 19st of ar�ailable dates, Participating City will contact Fort Worth as
soon as possible to schedule the date, time and lacation agreeable to
both parties.
(aj Lvcation
If Participating City chooses to hold the Mobil� Coliect�an Eveni on
private property, Partici�ating City shall obtain a signed waiver
from the own�r of the property 1 week prior to the event. The
waiver shafl be in the form of Exhibit 8 or similar form approv�d by
Fort Worth. The s9gned waiver must be seni io Fort Worth 1 week
befor� t�e Mobife Co�lection Event. If the signed waiver is nat s�nt
to �ort Worth 1 wee� before the Mobile Collection Event, �'ort
Vllorth will not send the Fort Wortl� Mobile Colfection Unit to the
event and Participating City will, in nn event, be entitled to a�y
damages of recovery of any costs, except as provided herei�.
(b) Availabl� Dates
Participating City acknowled�es that Fart Wor�i� e�ntracts with
ather municipalities and that Fart Wartt� will be accammadating
each Participatir�g City"s request on a first came first served basis.
Therefare, Partieipating City acknowledges that its choser� daie ta
schedule a rnobile colle�tion event may be reserved by another
Cify and Participating City will hav� to choose anr�ther date.
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Participating City will, in no event, �e entitled to any damages or
recovery of any costs, except as provided herein.
2. At the Mobile Collecfion Event, Participating City acknowledges and agr�es that
Fart Worth shail accept hausehold hazardo�s waste �rom the frst 50 hauseholds
that shaw proafi of resEdency at the MabEle Collectian Ev�nt. After the first 50 ,�
households, Fort Worth will determine in its sale discretion how much more
waste it can accept ancf store properly. If more households arrive at the event
than Fort Worfh can accept, Participating City will in no event be en#itled to any
damage of recovery of any costs, except as provide� herein.
3. Due to the iack of starage space a# the ECC, Participating City acknowledges
and agr�es thaf if it requests the Fort Worth Mabile CollEction UnEt at a mobile
collecti�n event, a Participating City"s Non-Fart Warth Mc�bile Collection Unit shalE
not also be at khe event.
4. City, in its sole discretion, will deterrnine whether f� send the Fort Worth Mobile
Collection Unit to Participating City's Cn�lection Event during adverse w�ather or
fhe thr�at af advers� weather including but not limited to sleet, snow, rain, mist ar
hail. In the event �ort Worth determines nat to send the Fort Wo�th Mobil�
Collectian Unit, F'ort War�h shall notify persans listed in Sectian 5, Paragraph A
and shall send a Fart Warth ernployee to the Participating City's event fo te{I any
resid�nts that come to dispose of hous�hold hazardous waste; 1) that the Fc�rt
Warth Mobile Co1lec#ion Unit will not be caming to the event, anci, 2) th�f the
resident can go to the ECC ta dispose of �he was�e and pravida a map to the
ECC.
5,
DUT1E5 OF PARTICIPATING CITY
Participafing City agrees to perForm the follawing duties in connection with the househoid
hazardous waste colle�tion pragram:
A. Participating City will designate one of its �mplayees, ancf anather as ar� al#ernate, to act
as ifis i�ousehold �azarda�s waste collection coordinatar to interact with Fort Worth.
Des9gr�ated person is:�awr, E i senhauer te�ephone number: �g� 7Z�� �_�1�
Pager number or 24-haur number where he or she can be reached: _ t 817 �����-57�2�'
Alternate person is Ba r ba r a bs n n v #eleQhone nUmber: _� R 1-, �, 4- �
)_ _ . 413
Pager number or 24-hour number wh�re he or she can be reached: C 81 �� 2� �- n F� 2
B. Partici�ating City will coordinate and #und alf program adver�ising fargeted to its awr�
citizens, as it deems necessary. Such advertising shall include the ty�e of wasfes that
will be accepted ai the ECC, #he requiremenf of proaf af residency and weather
cancellation informa�ian.
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C. Participating City shalf notify its res9dents of the ECG hours of operation and dafes it is
cfosed as provided ir� Section 9"The En�ironmental Colle�tion Center Haurs af
Operation."
D. Participating City may choose to uti[ize a voucher system for iis residents 9n arder for
them to bring HHW to the ECC. if Participating City chooses to use such a system, it -�
shall notify Fort Worth of the decision, and shalf prov�de For� Wor�h with a co�y af th�
official voucher. In addition, if a citizen from a Participa#ing C�ty that utilizes a voucher
system comes ta the ECC or a mobile cflllection event wifhout a voucher, Par�icipating
City acknawiedges and agrees that Fort Worth will not accept the household hazardaus
waste untif Parkicipating City autharizes the acceptance in writing.
E. Participating City may submit a written request for a monihly report listing the number of
its city's households that have disposed of household hazardous waste at the ECC or a
mobile collection event.
F. F'artic9pating City shall provide traffic control and signage for the mobile cailectior�
events, and shall provide personne! ta assist Fort Worth with the survey and screening
of persons dropping off household hazardous waste. The parties prior to the event shall
agree upan the details of the traffic control, signag�, and personnel assistance.
G. Participatinq Citv's Mobile Callection Units Collectinq Househald Hazardous Waste
1. Partici�ating City shall advise the ECC pragram manager at least 72 haurs in
advance of its mobile collection events. Participating City shall collect oniy HHW
during a mobile callectior� e�ent. Wastes from commerciaf, agricultural, and
indus#rial sources shall nof be accepied. Participating City shall no# accept
campressed flammable gas containers; radioactiv� materials; explosives or
potentially shock sensitive materials; biological, etiologic, and infiectious
materials; and any other wastes that Fort Worth has determined are
unacceptable.
2. lr� accordance �nrith the latest DOT r�quirements, Parkic�pating City`s MCU
aperafiors will properly categorize, package, markq label, and load inta the MCU,
all wastes received at the mobila collectian event. Recyclable products (used oil,
used oil filters, latex paint, recyclable anti-fr�eze, fead-acid batteries, and
fluarescent lights} will be segregat�d inio containers far recyclables.
3. After accepting wastes, Participating City`s MCU operato�s shall thoroughly
ct��ck each containe� far praper labeling and identificatian. if a container is
- properly ident9fied, the material will be segregated according ta hazard class and
prepared for packaging. if a container does nat have adequate labeling to permit
identif'rcation, the MCU aperators shall tt�en atfempt to identi#y the material from
its physical characte�istics using HAZCAT analysis and from infarmation p�avided
by ff�e household presenting the waste.
4. The Participating City's MCU o�erators shall package ail hazardous materials in
accardance with United 5tates Department of Transportation {DOT)
r�quirements, Ur�ited States Enviranmental Proteciian Agency (EPA)
requirements, and all other applicable federal and state reqUirements. After all
tt�e wastes have been properly id�ntified and segregated, the MCU operators will
reexamine the wastes for compati6ility, list them on the cantainer cor�tent sheets,
and pack them into drums. ai1-based paints and latex paints shall be bulked
separately in 55-gallon drums, or if the paint is left in its container, the paint can
be packed in a lined cubic yard box, and paciced and labeled accarding to federal „
and state regulations. Par�icipating City shalf not transport waste that is not HHW
#a the ECC. Participating City agrees ta make its r�wn arrangements to dispose of
any nor�-HHW waste colEected at the eveni.
5. Prior to transparting the HHW from the collection event site(s}, Partici�ating City's
MCIJ operators shall camplete a Bill af Lading, and shall keep the Bill of Lading
in the cab of the truck haul�ng the MCU during transpartation af th� HHW to the
ECC. Par�icipating Ciiy shall requir� that a minimum of one capy of the latest
North American �mergency R�sponse Guidebook be kept withEn the cab af the
trucic.
6. During transpo�tation, Participating City's MCU aperaiars shall placard th� MCU
for transportation ofi hazardous waste in accardance with federal and state law.
7. Upon the return of the MCIJ to the ECC, Participating City's MCU aperators shafl
foliaw the instructians ofi For� Worth regarding tt�e piacement af the MCU for
unlaading. Fart Worth shall #ake possession of the MCU from Participating Cfty
after the MCU has been properiy parked for unloading in accordance with �ort
Worth's instructions and a[I req�ired dacum�nts have beer� deGvered �o the ECC
�rogram manager ar his designee at the ECC. For� Worth shall, within a
reasonable amaunt of time, unload the HHW from tF�e non-l�art Wflrth MGU and
store the HHW at the ECC.
8. If �ort Worth, in its sole discretion, determines that Participating City's MCU
operators improperly packaged any of the HHW del�vered to the ECC, Fort Worth
shalE repackage such waste, and Participating C9ty sl�all reimburse Fort Wort� as
set farth in Sectian 10., Para�raph B.
9. If a spill occurs at the ECC whife the MCU �s still in Part9cipating City's
possession, Fort Worth shall take control af the spill response and Participati�g
City will reim�urse Fort Wor�h for its response costs as set forth ir� Sec�ion 10.,
Paragraph C.
. 6.
USE OF WASTE DISPOSA�IRECYCLING FIRMS �'OR HOUSEHOLD HAZARDOIJS WASTE
A. Fort Wocth wilf enter into a contract(s) with waste disposallrecycling firm(s) for the
fi�andling, coflection, transportation, starage, disposal, treatment, recavery, andlor reuse
af household F�azardaus waste, which is collected at the ECC.
B. Such firm{s) shall be required pursuant to the contract(s) tv assume generatar status for
the waste callected, (excluding used oil, lead-acid batte�ies and antifreeze) to choase a
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disposal sit� tor the wasie subject to Fort Wort�'s appro�al, and to indemnify Fort Worth
and participating cities against any and a11 environmental damages and the violation af
any and all environmental requirements resuiting from the handling, collec#ion,
transportatian, starage, disposal, treatm�nt, recovery, and/or recycling of waste collected
pursuant to this agreement, when said en�iranmental damages or the �iolation of said
enviranmer�tal requirements was the resuli of any act or omission of contractor, its -�
officers, agents, employees, or subcontractars, or th� jain� act or omiss9on of canfiractor,
its offiicers, agents, employees, or subcantractors and any ather �erson or entity.
C. TH� P�►RiI�S RI�CQCNI�� i�1Ai A�ibAl1CH `�F{� FIRM {S) WILL �E ��@IIIR��
i� ASSIJII�� G�N��,iOR SiAiI�S, `i�Ff1S �►SSUfViPTIORI lN1Ll� NDi ���l�1l�
�r4RiIGlPA�'ING CITY O� LIAB[LI�Y �OR i�i� 1lV�5�� UN��R I����RAL LAlJ�
Af�D SiA�� LAW. Fo�i Worth will arrange for recycling vendors for usad oii, baiteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COI,LECTED MATERIALS
A. From time-to-time Fort Worth will make available to resid�nts and businesses of Fort
Worth, as well as, Participating City and residents and businesses of Participating City
#or their �se, callecte� househald hazardous waste materials that are suitable for reuse,
such as paint, fertilizer, motar oil, ar�d antifreeze. Fort Wor�h shafl not charge for any
materials that are picked up far reuse.
B. Some materials made ava�lable for reuse may have been cansolidated and filtered by
ForE Worth prior to bei�g made available. Used antifireeze will have been consalidated in
a barrel, filterad, and pH balanced, and new antifreeae may have been ad�ed to the
barrei.
C. In regards ta materials accepted by Participating City, FORi WO��H MAF��S 1�0
REPR�S�N�EliIOf�S, WAR�tAiViI�S OR GUARANTIES THA�
1. the container cont�nts are what the label indicates;
2. the container contents ar� �hase orig9naliy placed into the container by #he
manufacturer;
3. the praduct is of tF�e quality i�tended for its use;
4. the conte�ts of the cor�tainer have been stared properly;
5. the instructions on the contain�r label for use, storage, and first aid are current ar
correct;
6. the contair�er is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been �ann�d or recalled}; and
8. the producf can be used withou# risk to persons, property or the environment.
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�LIRfH�RMOF��, ALt 1dVAa[�4f�TI�S, I�X�R��� �►fV� IlU1PLIED, ���
S��Gf�IC��,�,Y DERlI��.
D. Participating City shall contac# the ECC program mar�ager ta arrange a pickup iim� ta
obtain materials. Participating City agrees ihat it shall not return toFort Worth, directly or •
indirectly, any materials it obtains from �o�t Worth und�r this paragraph.
E. IiV R�GAR�S i� IU��►i�RIALS �,CC��i�� �Y ��R�ICI��oTINC CIiY,
��lRTICIPATiN(� �17Y 90FS H����Y `lI�RIVE ALL C�►lI1�S, 1[VC�UD[1dC
PR�DUC�S Li�o�I�,ITY CL�I1VfS, p►iV� RL LE�►S�S, �►N� HD�.�S WARfwLESS iH�
CI�'Y OF �ORi WOR�Fi, AN9 �LL A1� l�S O�F[CiALS, O��'IC�R�, �fi���OY��S,
�4C�fVT'S, AND VO�UNT�ERS, IN BOYI� iFWEI�i �U��IC A�lD PRiV�Y�
CAPACIYI�S, �'ROhA Ah'Y AN� A�l. LIABlLfYY, CLAI[VIS, SUfYS, ��[V�AAl�iS,
EXP�NS�S O� LliECA�ION, OR CAUS�S O� ACiIDi� VIlH1CFi f4�AY ARiS� �Y
��AS�� OF INJIJRY i0 ��RSONS, L�SS O� PROp�RiY, �ANYAC� i�
P�O��R�Y, OR L05S O� LJS� �F Af�Y �RO��RiY , OCCASION�� �Y iH�
�R�NSP�RiAY[ON, SiORAfs�, H�iI�D�INC, US�, AfV9 DISPOSAl� BY
PA�tT[Cl�R�IiVG CITY OF ANY IV�AiER[ALS ACC�PT�D BY �r4RflCIPr4TIRlC CIY'Y
UN��R TbIS A�����I�Pli FROflfl �OR�'�Vd�Rib.
F. In regards to materials� accepted �y residents ar husinesses of Participating Ci�ies,
�0�� WORiH MAK�S NO RFPRES�NiAiIOfVS, WA��Af�YI�S OR GUr4�►NiI�S
�HAeT:
1. the container cflntents are what the label indicates;
2. the container cantents are those originaily placed into the container by ihe
manufacturer;
3. the producf is ofi the quality intended for its use;
4. t�e contents o# the eontainer have be�n stored properly;
5. the instructions on the cantai�er label for use, storage, and first aid are current ar
correct;
6. t�e container is in unimpaired candition;
7. the product is still approved for use (i.e., it has not been banned or recalled}; and
8. the product can be used without risk to persa�s, properky or the environment.
�URiH�RIU����, A�� WARR�+N�I�S, FX�'��5� AR�D IIV�Pl�I��, AR�
SP�Cl1�1C�,LLY ��Ni�D. �
G. Participating City shaf� attempt to inform it� residents and bus9ness�s that if they go to
the Environmenta! Collection Center to �ick up household hazardous waste for reuse, a
release of liability must 6e signed to aec�pt the nousehold hazardaus waste for reuse.
1Q
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at th�
ECC from Par�icipating City's resident artd to eject such indi�idual from the premises of the
ECC, if in the reasanable judgment of Fort Worth:
A. The wasfe is not household hazardous waste;
B. The wast� fails to meet other established criteria establishecl by this Agreement, or ihat
have been established by �ork Worth subsequent to the ex�cution of the Agreement;
C. The individual does nat have sufficient identification to establish that he/she is in fact a
resid�nt of Participating City;
D. Participating City has impl�mented a vnucher sysiem for its residents to dispose of
was#e, and the indi�idual daes not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or properiy at
the ECC.
9.
ENVIR�NMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Haurs of Operation
During the term of the agreement, fhe ECC's hours �f operation are as fiollaws:
Thursday and Friday 9 9:00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m.
B. Days the Environmental Coflection Center will be closed
During fhe term of the agreement, the ECC will be clos�d on the follow�ng days:
Thanksgi�ing Hoiiday, November 22 -23, 200�
Christmas Holiday, Decem�er 24- 25, 20Q1
December 30, 20�1 through January 11, 2402, far cleanup and repairs
M.L.K. Day January 21, 2002
Memorial �ay, May 27, 2402
Independence Day, July 4, 2002
l,abar Day, September 2, 20a2
C. Notifying Residents
Par�icipating City agrees to notify its residents af �he ECC's hours of aperation and dates it will
be closed. Participating City may adver�ise the 24-ho�r Environmental Collection Center
11
telephone number to give its residents the Environmental CofEection Center's hours. The
number is: (817) 871-5257.
1 Q.
COMPENSATION
As fair compensation for the seru�ices pro�ided by Fart Worth pursuan� to tfis agreement:
A. Participating City agrees io pay Fort Worth the sum of $80.00 per household pe� visit to
the ECC or per house�ald for participation in a Mobile Callection Event to dispose af
i�ousehoid hazardous waste.
B. 1f Fart Worth determ9n�s that Participating City's MCU operators im�raperly pac�Caged
any of the HHW delivered to the �CC, Fort Worth shall repacfcage such waste, and
Partici�ating City shall reimburse Fort Worth #or it staff time at $20.Q0 an haur and the
cost of supplies.
C. lf a spill oceurs af the EGC while the Non- Fort Warth MCU is still in Participating City's
possession, �ort Worth shall take controf of the spill response and Par�icipating City will
reimburse Fort Worth for its response cosis of $64.00 per hour staff time and the cost of
supplies.
D. The amount due ta For� Worth For services provided under th9s Seciian, Paragraphs A,
B, a�d C, shal! be billed to Participating City quarterly. Participating City shall pay Fort
Worth within 30 days of receiving a bill from Fort 111fo�th. If Fort Wo�th does not receive
payment within 3D days, �ork Warkh shall inform Participating City in writing that it will n�t
accept any househald hazardous waste from Pariicipating City's resEdents and that Fort
Worth wikl nat participate ir� a mobile callection event or provide a mo�ile collection unik
until paid.
E. At the end of the t�rm of this Agreement, Fort W�rth shall pro�ide a final accounting to
Participating City, which will include the total number af Participatir�g City's hauseholds
which participated En the program, repackaging fe�s, if any, an� the total cost of spili
response charged'to Participating Ciiy, if any,
F. Pursuant to the requirements of Gavernment Code §791.011 (a)(3), the amount d�e to
Fort Worth under Su�paragraph D. above shall be paid fram revenu�s currently
available ta Participating City in the present fiscal year.
�
12
1�. .
ARTWORK, "CAPTAIN CRUD AND THE CRUDDI�S," AND PRaMOTIONAL MATERfALS
LICENS� AGREEMENT
Fart Warth is the owner nf "Capiain Crud" and the Cruddies �"�loomer," "Otfio," "�est�e,
"5crub," and "Van Goa") "Canquer Yo�r Crud," and "Crud Cruiser", and therefore a!f -�
ownership rignts belong ta Fort Worth. Fort Worth nas registered these marks as seiviGe marks
with the Secretary of Sta#e.
A. Fart Worth hereby grants ta Partici�ating City a non-transferable, non-exclusive license
to use all the artwork and promotianal materials ti�a� may be provid�d by Fart Worth ta�
be used solely in the condUct of the busin�ss of Participating Ciry's disposal and
recycling of household hazardaus waste pragrams. I# Participating City wishes to use to
Licensed Art andlor Pramotional Materials 9n other limited situations, Partic�pating City
must first obtain express written co�sent from Fork Warth.
B. Fort Worth may provide licensed Artwork and Promatianal Materials to Participating City
pursuant to the terms of this Agreemer�t. Partici�ating Cify acknowledges that by virtue
c�f this License, Participatirig City acguires only the right ta use the ariginal and permitted
duplicate capies of the Licensed Artwark and Promotional Materials and does not
acquire any rights of ownership in the Licensed Ariwork and Promotiar�al Materials,
which rights shall rema'rn exclusively wifh Fort Worth. If Participat�ng City wants to madify
or change #he artwork and/or promotional materials in any manner, Par�icipa#ing C9ty
hereby agrees to contact Fort V11or�h in writing to obtain written consent before modifying
�r changing any artwork andla� promoiiona! materials. •
C. If Participating City desires an actor to p�r�ray "Captain Crud" for an event, Participating
City shall use actars appraved by F'ort Worth to portray "Captain Crud" since "Captain
Grud° is awn�d by Fort Worth. Participating City shall be solely resPvnsible far
campensating actar far the services provided to Participaiing City. Pa�ticjpating City will
contac# Fort Worth as saon as possible with fhe daie and time of the event agreeable #o
both parties to obtain approval far the cE�asen actor and ta request and pickup the
"Captain Crud" eostume for its events. Fort Wortf� will provi�e the "Ca�tain Grud'"
costume. However, Participating City agrees to be liabEe to Fort Worth for any damage to
the costume or if Participating City faifs to return tt�e entire castume to Fort Worth or if
the costume is nat returned in the same co�dition as received.
12.
IMMUNfIY
It is expressly understood and agreed that, ir� ihe executifln o�€ this Agre�ment, none af fhe
participaiing cities waives, nor shall be hereby deemed to waive, any immunity or defense that
would otherwise be available to it against claims arising in the exercis� of governmental pawers
and functions, a�d that ihe services described in this Agreement are a gavernmental functia�.
13
13.
FORCE MAJEURE
A delay or failur� of Fart V�lorth to perform services pursuant to this Agreement �hall be excused
to the exten# that the delay or failure to perForm resulted from a farce majeure event, and the
d�lay or faflure was beyond fhe control af Fort WoriF� and not due to its fault or negligence. -�
Participating Gity shall not have, and hereby waives, any claim whatever for any damages
resulting from delays or fail�re to pertorm caused by a farce majeure e�ent.
14.
TERMINATION
The parkie� shall each have tha right to terminate the Agreement for any r�asan, with or without
cause, upon thirty {30) days wri�ten notice ta the other party. Upan termEnation, the part[es shalf
be �eleased from afl contractual abligations ta the other party excluding "USE OF WASTE
DISPOSALIRECYCLING FIRMS FOR HOUSEHOLD HAZARD�US WASTE" (Paragraph 6)
"REUSE �F COLLECTED MATERIALS" {Paragraph 7) and "ARTWORK, "CAPTAIN CRIJD
AND THE CRUDDIES," AND PROMOTIONAL iWIATERIALS LICENSE AGREEMENT'
(Paragraph 11 }.
'I 5.
NOTlCE
Any notices required to be given under this Agreement shall be de[ivered as foflows:
I# fo Fart Worth:
Brian Boerner, CHMM, Director
Department o# Environmental Management
City of Fork Worth
10Q� Throc(cmarton
�ort vvortn, Texas 76'�02
If ta Participatinq City:
Dawn �isPnha�ipr�. Parsnnnal _ .P_TQ
Citv of Watauaa .
7101 Whitlev Roar! _
Watauga, TX 76148
96.
ENTIRETY
This Agreement contains a1f commitments and Agreements of the parkies hereto, and no other
oral ar written commitments shail have any force or effect lf not contained herein, except that
this Agreement can be am�nded or modified by the parties if s�ch amendment or modification is
in writing and signed by Participating City and Fort Worth.
94
17.
SEVERABILITY
In fhe event anyone or more af the provisians contained in this Agreement shall for any reason
be held to be in�alid, iliegal, or uner�forceable in any respect, such invalidity, illegaiity, ar -�
une�fiorceability shall not affect any other pro�ision, thereaf and this Agreement shall be
canstrued as if such invalid, illegal, or unenforceabie provisions ha� never been eontained
herein.
18.
VENl1E
S�auld any action, real ar assert�d, at law ar in equity, arise aut of the terms and canditions of
this Agreement, venue for said action shall be in Tarrant County, Texas.
19.
AUTHORITY
This Agreement is made for �flrt wortn and Participating City as an Interlocal Agreement,
pursuant to Texas Gavernment Code, Chapter 791.
20.
AUTHORIZATION
The undersigned o�cers andlor agents of the parties hereto are prop�rly authorized officials
and �ave the necessary authority to execute this Agre�ment an behalf of the parties hereto, and
each party hereby certifies to the other that any necessary �esolutiflns extending such authority
have been duly passed and are now in full farce and effect.
15
, ,
EXECUTED IN TRlPL1CATE
CITY �F FORT WORTH
City of Watauga
�
.,
By: � �
- � .�,� �= -- --
�_ �„ i -
LiESb'y wats�
Assistant City N�ana�r
Date: c .�. .� G'i
APPROVED AS TO FORM
AND LEGALITY:
A ' tan r
AT�'jEST: _ —�ti
/ �
r�
� _�
loria Pear n
City Secret�
,���- f�� `7 �I
Contract autF�arizatiar�
/ /9��
0
Date `
By:
�/�.� _--
. -���
Prmted nam�: Hect�r F. Garc i a �
Title: Mayor
Date: Au�ust 27 , 2�0 3
APPROVED AS TO F�RM
AN[� L.EGALITY:
-� , • . � - _
City Aitorney
ATTEST:
Ci SeC et
�6 ����C@�� ����
�I� ������� � �
,r1� �'�m�. �'' , N
Exhibit "A"
R�STOCI�IIV� I�1�� �OR i�1� iV10�1�� ��LL�CiIOf� UR�Ii
iV�a�Ferial � Amoun� �es�oc�ed Special �leeds Remarl�s
55 gallon apen tnp Amount tafcen off the
drums (apen top for trailer
loose packs)
55 gallon drums Amount taken vff the
(closed tap} (oil, trailer
antifreeze, bulk �
flammable materials
and one ex#ra)
Fiber drums (55 ar 3Q •
gafE�n) Aerosols, Amount taken off the
acids, bases and trailer
oxidizers)
Gaylord box liners
(plastic) Amaunt taken off the
trailer
55 gailon drum liners
Amount taken off fhe
frailer
5 gallan buckets
(filterslhaz chemicals) Amaunt taken aff the
trailer
Survey Forms
Arnount taken off iF�e
trailer
Labelsldrum placard
Amount taken off the
trailer
Gaylard boxes
Amount taken off the
tra�ler
Absorbent pads
AmoUnt taken aff th�
#railer
Vermiculite
Amount taken off the
trailer
Oil dry
Amount talc�n off the
trailer
Promotional Materials
& Brochures Am�unt needed
�
'f 7
ExhEb9t'B"
WAIVER AND RELEASE OF LIABILITY F'OR COI.LECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at ,
have been asfced by �e City of to allow a mabile collect9on
�vent on my property #o collect household hazardaus waste on the , 2401.
ln conside�atian of , f hereby give my permission ta the City af
to hold a housenold f�azardous waste collection event on my
�rop�rty in which the City of has as�Ced the C�ty af For� Warth
to send its mobile collecti�n unit to caAect the hausehold f�azardous waste that is brought fo the
event.
Therefore, in cansideration of , I hereby RELEASE,
DISCHARGE, HOLD HARML.ESS, 1NDEMNIFY the City of F.ort Worth or its officers, ag�nts,
and em�layees and the City of and its officers, agents,
andlor employees for any and,all claims, demands, liability, causes of ackio�, actions ar suits af
any character that I may have against t1�e City of Fort Worth or its officers, agents, andlor
employees and the City af or its officers, agents, andlor
employees for any praperty loss or damage, fQr any and a1I personal injury including death or
any ather damage of any kir�d or character which may arises or thai arises f�-om allowing the
City of to hald a F�ousehald hazardous waste collect9on event, in
which the City of Fort Worth sends its mflbile cflllectian unit on my property.
I ha�e read this Wai�er and Re[eas� and fully understand its terms and conditions. I ftave not
been influer�ced in any extent whatsaever by any representation or statements not contained in
this Agre�ment. l hereby acknowiedge that this Waiver and Release is given in consideration of
Signature
W9tn�ss
Date
18
�i�y vf �ort �`a�ih9 �''ext�s
� � ;� -,,� � � _, - �
�
������..���i�►n
pAT� FZEF�RENC� t�UNIBER LOG I�AMt PAG '
'I C�IJIa� **�d� �7�7 52COLLECTfON 1 t�f 2
SUBJ�CT qppROVAL OF INTERLOC � AGREEMENTS WlTH VARIQUS �II1��11CIPAtiTfES FOR
� THEIR PARTiCIPATIQN AT THE ENVIR{�NMENTAL COLLECTION GENTER
RECOMMEf4DATION: �
1t is recc�mm�nded thai the City Councii autharize tne City Manager ta ex�cute Inierlocal Agreem�nts
wit� various municipaliti�slentities for their participation at the Enviranmental Colleciion Cer�ter.
❑IS�USSION: � "
The Ci�y's Environmental Collection Center is r�fl�v ir� its fiftF� year of operati�n callecting hc��sehald
hazardous waste from the citizens �f Fort Warth and surraunding cvmm�nitEes on a y�ar-round basis.
In order far nan-Fort V►Jorih citizens ta participate at the cer�ter, each municipality is required ta e�ter
into an Interiocal Agreem�nt with fhe City ot Fart Worth.
Last y�ar, 23 area �ommunit�es signed p�rticipation agreements with #he Ciiy. For the upcoming year,
we expect fhat number tv rise io 24 communiti�s. The ra#e per household for the p�riad covered by
these agreements (October �, 2a01, throUgh September 3{l, 2002) is $60. It is anticipated that
�pproximately $3Dfl,000 wiH be callected under these agr�ements.
This agreement outlin�:s the responsibilities of each �aarty, establish�s the rate �or participatian, ar�d
delineat�s the use of servic�-marked public educatian material. The City �s respor�sible tar the o�erall
a��ratian of the center, inc(uding cantracting wi�h a hazardous vuaste dispvsal compar+y for
#ranspor�ation and disposal af materials cc�lle�ted.
The following entities have expressed an interest or have alreadp cflmmitted to participativt� for the
per�od Octaber 1, 2Q01, t�raugh Sept�m'�er 30, 2�02:
Arlington*
Benbraok
Everman*
Grapevir�e
Kefler
Rici�(and Hills*
Stepher�ville
Unincorporated Tarrat�t County
Azle
Burleson
�uless
Haltam City
Newark
River Oai�s
Sauthlak�
Venus
Bedtord
Coileyvilie
Grand Prairie�
Hurst �
Narth Richland Hil1s
Saginaw
Upper Trinity Regional Water
Watauga
*These municipalitE�s are expected tv panicipate, but have na# yet ret�arned ti�eir approved agr��ments.
G`ity of �'o�t �'orth, T'e,�as
I���o� a�d �������
QA`f E,
1 a�s�a�
su���cr
�� ���c���or�
REFERENCE NUMBER ----- �OG NA1V1� _. - F�A�E
�*�d� �'���' S2COLLECTION 2 of 2
APPROVAL OF INTERLOC L AGREEMEN I S WiTH VARIOl1S MUNICIPAUTIES FDR
THEIR PARTICIPATION AT THE ENVIRONMENTAL. COLLECTION CENTER
FISCAL INFORMATIONICERTIFICATION:
The Fir�ance Dir�ctor certifies that the Env�ronmentai Management Department will be responsible for
the coflection and deposit af funds due to the City under th�se agreements.
l.W:k
Submiited t'ar City Manager's
Oifice 6y:
Libby Watsan
Qrigiaating Department Head:
Brian �oerner
I FU1�IA I ACCOUi�[T I
(to)
R�a� 4sa22o
6183
1
8079 I (from) '
CENTER � AMOXiI�[T
as2��oo
CITY SECRETARY
APPROVED 10109/0i
I DATE
� � o�sro�
I su���cr
C'iiy of �'o�t T�o�`h, T'exas
i���or �r�� Cou����
C������a��.��
R�F�RENC� NUMB�R � �OG n�AiVl� PAGE
**����,�"�� 52COLLECTfON 3 of2
APPROVAL, OF iNTERLO� L AGR��MENTS WITH VARI US MUNICiPAI.iTIES FOR
THEIR PARTICIPATIaN AT TH� ENVIRONMENTAL COLLECTI�N CENTER
1 Additlonal Information Cnntact: I
Brian Boemer
so�� �
�