HomeMy WebLinkAboutContract 27145. � CITY ��C���A�RY - , -, —
� � - CON��ACT I� . = � �� •.
�NTERLOCAL AGREEh�ENT FOR PARTIC[�'AT[ON IN FORT WORTH'S
ENVIRONM�NTAL GOLLEGTION C�NTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGRE�MENT is entered into by and between th� City of Fort Worth, Texas, a hame-r�1e
municipal corporation situated in Tarrant and Denton Caunties, Texas, hereir�after called "'For�
Worth," acting herein by and thro�gh Li�by Wa#san, its duly auihorized Assistant City Manager,
and Tarrar�t County si#uated in Tarrant Ca�nty, Texas, hereinaffer calfed "Par�icipati�g City,"
acting herein by and through Tom Vandergriff ifs duly autharized County Judge as directed by
ihe CommissianeYs Court of Tarrant Caunty, Texas.
WITNESSETH
WHEREAS, Texas Go�ernment Code, Chapter 791, authorizes the formulafion of interEacai
coaperation agre�ments between and among local gavernments; and
WHEREAS, Texas Gavernment Code, §799.011 provides that a local government may eontract
with another to perfarm governmer�tal functions and services, and §791.0�3(3)(H} defines waste
disposal as a governmental function and �ervice; and
WHEREAS, Texas Gavernment Code, �791.d25 provides that a local government may agree
with anotner locai government to purchase servic�s; and
WHEREAS, F�rt Worth and Participat�ng City desire to enter into an interlocal agr�ement
whereby Fort Worth will purchase the services of a waste disposaflrecycling firm o� firms ar�d
will adrninister a househ�ld �azardous waste collectian program; and
WHEREAS, Fort Worth and Pariicipating City mut�ally desire ta be subject to the provisions of
Texas Governrnent Code, Chapter 799, alsa known as the Interiacal Cooperation Act.
NOW 7HEREFOR�, it is agreed as follows:
1.
DEFINITIONS
A. Unless a pravision in fhis Agreement explicit[;� states otherwise, the folfowing terms and
phrases, as used in this Agreement, snali have the meanings hereinafter designated.
Act of Gad means an act occasianed by tne direct, immediat�, and exclusive operaiion
of #he forces of nature, uncontrolled or uninfluenced �y the power of humans and withou�
human intervention.
Biil of Ladinq [ists the contents of the mob9le col[ecfiian ur�it.
Environmental Collection Center (ECCI m�ans the City of Fori Worth Departmeni ot
Environmental Management facility lacated at 6404 Bridge Street, Fort Wor�h, iexas,
which is ta be �sed by Fort Warth for the aggregation o� household hazardous wastes
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fhat have been brought to the faciliiy by par�ici�ating cities' households #or su�seq�enf
recycling, disposal, andlor r�use.
Environmental damaaes means all claims, judgments, damages, losses, per�alties, fines,
liabilities (inc[uding strict lia�ility), e�cumbrar�ces, fie�s, casts, and expenses of
investigatian and defense of any ciaim, whether or no� such cla�m is ultimately defeated,
and�of any good faith settlemenf or judgment, of whatever kind ar nat�re, contingent flr
otherwise, matured or unmatured, foreseeab[e or unf�r�seeable, including without
limitation r�asonable attorney's fees ar�d disbursements and consultant's fees, any of
whic� are incurred subsequ�ni to the execution of this Agreement as a resuft of the
handli�g, co1lection, transportation, storage, disposal, treatment, recovery, andlar reuse
of was#e pursuant ta this Agreement, or the exist�nce of a vifllafion af environmental
requirements pertaining to same, and incEuding withouf limitation:
�a) Damages 'For personal injury and death, or injury to property or na#ural resources;
(b) Fees incurred for the S81"VICES af aitarneys, COn5L1I�aI��S, contracfors, experts,
laboratories and all other costs incurred in canneetion with the investigation or
remediatiQn �f such wastes or viafation of environmenfal requiremen#s including,
�ut not limited to, the pr�paration of any feasibiliiy studies or reports or the
perFormance of any cleanup, remediation, removal, response, abatement,
containment, clasure, restoratian or mQnitoring work reguired by ar�y federal,
state or lacal governm�ntal ageRcy or political subdivision, or otherwise
expended in connection wifh the existence of such wastes or violations of
en�ironmental requirements, ar�d including without limitation any attorney's fees,
costs and expenses incurred in enforcing i�is Agreement or collecting any sums
due hereunder; and
{c) L.iability to any third person or go�ernmental agency #0 9ndemnify such person or
agency for costs expended in conn�cti�n with the items referenced in
su6paragraph {b) herein.
Environmenta! requireme�ts means a11 applicable pr�sent and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and sim�lar items, of a[I governmsntal agencies,
departments, comm�ssions, baards, bureaus, or instrumenfialities pf the United S#ates,
sta#es, and politicaf subciivisions thereof and all appl9cable judicial, administrative, and
regulatory decrees, judgments, and arders relating to the pratectiar� of human health or
the e�vironment, including withoui limitation:
{a) All �equirements, including but not limifed to thase p�rtain�ng to reparti�g,
licensing, permitting, investigation, and remediatian af emissions, discharges,
rel�ases, or threatened . releases of � hazardous materials, pallutants,
cantaminants, or hazardous ar taxic substances, materiaEs, or wastes whether
salid, liquid, or gaseous in nafure, into the air, sur�ace water, groundwater, storm
water, or land, or refating to the manufacture, processing, distri�ution, use,
treatment, storage, disposal, transport, ar han�ling of pollutants, contamit�ants, or
hazardo�s ar toxic substances, material�, or wastes, wE�ether solid, tiquid, ar
, gaseous in nature; and
F:
(bj All requiremenfs per��ining to the protectian of the F�ealth and saFety af
employees ar the public.
Force maieure means decrees of or restraints by a governmenta! instrumentality, acts of
God, work stoppages tiue to labor disputes ar strikes, failure af For# 1North's
contractor(s) to perFarm pursuant �fl their agreements wifh �ort Worth for the conduct af
the collection of househald hazardous waste, fires, explosians, epidemics, riots, war,
re�elEion, and sabotage.
Hausehold hazardous waste (HHWI means any salid was#e generated in a household by
a consumer which, except for the exclusion prnv�ded for in 40 C�R § 289 .4(b)(1), wauld
be classified as a hazard�us waste under �40 CF'R Part 2�1.
Manifest means the Unifiorm ha2ardous waste manifest form{s) furnished by the TNRCC
fo accompar�y shipmenfs af municipal h�zardo�s waste ar Class 1 indus#rial salid waste
for waste transported to a site in Texas, or the comparable manifest of the receiving
stata if the waste is transparted aut of Texas.
Mab�le coliection evenf ineans a h�usehold �azardous waste ca�lection event by
Parkicipating City utilizing a mobile collection unit.
Fort Worth Mobile collection unit fMClf) means a non-self-propelled vehicle used for t�e
periodic collectEon of househafd hazardous waste by Partic9pating City, off-site of the
ECC, whici� is transporied to the ECC t� dispose of tf�e househald hazardous was#e
collect�d at the mobile collectio� event. The Fort Worth Mobile Collectiar� llnit is
designed ta hold #he hazardous waste of appraximateiy 50fa 75 households.
Participat�nq CitEes, when us�d in ihe plural, m�ans �art Worth, Participating Ci#y, and atl
ath�r entities which t�ave entered info interlocal agreements with �ort Worth fvr tF�e ECC
household haz�rdous waste callectian program.
Persan means an individual, corporation, organizafion, government, or governmentai
subdivision or ag�ncy, business tr�ast, partnership, associa#ion, or any other lega! entity.
Waste has the same meaning as "salid waste" as that term is define� in Texas Healfih
and Safe#y Cade §361.0�3, and including hazardous substances.
B. �nless a provision in this Agreement explicitly states otherwise, the following
abbreviations, as used in this Agreement, shall have the meanings hereinaf#er
desigr�ated.
CERC�A -�omprehensive Environmenfiai Response, Compensation, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Department af Transportatian.
ECC - Environmentai Collection Center.
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EPA - lJnited Siates Er�vironmentaf Pratection Agency.
HAZCAT - hazar�ous categor3zatian.
HAZWOPER - hazardous waste operatians and emergency respanse.
HM - hazardous materials.
HHW - �ousenold hazarda�s waste,
MC� - Mabile Collection Unit.
2.
PURPOSE
The purpose af this interlocal agre�ment (hereafter "Agresment") 9s the provision of services by
�ort Wor�h to Participat9ng City whereby, suhject io the terms ar�d conditions specified below,
Fort Worth will administer and supervise a regiona! household hazardous waste co[lection
program, whieh will be available to households within Participating City.
3.
TERM
This Agreement shall be effectiWe from the date th� last party has signed this agreement
through Se�tember 30, 2�02.
4.
SERVlCES OF FORT WORTH
Fort Worth agrees ta pertorm the following services for Pa�ticipating City in connection with #he
ECC household hazardaus waste collection program:
A. Fort Worth will administer a regional household nazardous waste collection program.
This program wiil ir�clude t�e aperation of tf�e Enviranmental Collection Center, which
will accept for disposal andlor recycling hausehold hazardous waste from �auseholds
located within �artic9patEng City. Fort Wflrth shall not acce�t compr�ssed flammabfe gas
contain�rs; radioactive materials; explosives or patent�ally s�ock sensitive materials;
biological, etiologic, and infectious mat�rials; waskes from businesses; and any other
wastes that Fort Worth has deiermined are unacceptable.
B. Fort Worth wilf employ or retain personnel to pravide the s�rvices necessary to perform
Fart 1North's ab[igatior�s in this Agr�ement.
C. Fart Wor�h will enter into a contract(s) with waste disposallreeycling firm(s) for ti�e
handli�g, collection, transpor�ation, sfiorage, disposal, treatment, recovery, andlor reus�
of housenold �azardous waste, which is caqected at th� ECC.
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D. For� warth will, ifi requ�sied in writing by Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
E, Fort Worth wiil, if requested in writing by Par�ici}�ating City, pra�ide Participating City a
monthly report of the Participati�g City's househalds who disposed of househo�d
hazardaus waste at th� Environmental Collection Cent�r or a Mobile Collec#ian Eve�t.
�'. Fort Worth will issue a report and a bill at the �nd of each quarter detailing #he r�umber o#
Participating City's households that dis�osed of hausehold hazardous waste at the
Environmental Callection Cenier or at a mobile collection event.
G. Fori Worth will act ur�der th9s Agreement in accordanc� with all applicable state ar�d
federa! 1aws.
H. Non-�ort Warth Mobile Collection LJnit
'i. Fart Worth agrees to accept household hazardous waste from Participating City's
MCU in accor�ance witY� Section 5, of this agreement.
2. Fort Worth agrees ta restack the items it remov�s fram Participating City"s MCU,
however, Fort Wartt� shall only restock items list�d in Exhibit "A", atiached and
incorparated her�in as if set forfh.
Mobile Collection Events —Usinq Fort Worth's Unit
If Participating City would like to schedule a mobile collection e�ent wit�
the Fort Worth Mobile Collection Unit, Fort Worth will sand Par�icipating
City a list of availa�le dates. Participat9ng City will contact For� Worth as
soon as possi�le to schedule the date, time and lacation agreeable to
bofh parties.
(a) Location
I� Participating City chooses to hold the Mobile Co[lection Event or�
private prop�rty, Participating City shall obtain a signed waiver
from the owner of ihe proper#y 1 we�k prior to the event. The
waiver sha�l be in ihe form of Ex�ibit B or similar form approved by
Fort Worth. The signed waiver must be sent to Fori Worth 1 week
before the Mobile Calfection Event. If the signed waiver is not sent
to Fort Worth 1 week before the Mobife Collection Event, For�
Worth will not send the �ort Worth Mobile Co�lection Unit to the
� event and Par#icipating City will, in no ever�t, be entitled to a�y
damages of recovery of any casts, except as provi�ed herein.
(b) Availabie Dates
Participatir�g City acknawledges ti�at Fort Worth contracts wi#h
o#her mur�ic�palities and that Fort Wo�kh will be accommodating
each Participating City's rEquest on a fiirst come first served basis.
Therefore, Participafiing City acknowledges that its chosen date to
schedule a mobite collection event may be r�served by another
City and Participating City wifl have f� c�oose anoti�er da#e.
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Participating C�ty will, in no event, b� entitie� fio any damages o�r
recovery af ar�y casts, except as provi�ed herein,
2. At the Mobile Collectior� Ev�nt, Partieipating City acknawEe�ges and agr�es thai
Fort Worth shall accept nousEF�old hazardous wa$te fram fhe first 50 househalds
that show proof of residency at tne Mobile Collection Event. After t�e first 50
households, Fort Worth wil! determEne in its sole discretion how much more
wasfe it can accept and stora properly. ff more households arrive at t�e event
than �o� Warth can accept, Par#ici�ating City wil! in na event be entEtled ta any
damage of recovery of any cos#s, �xcept as provided h�r�in.
3. Due to t�e lack af starage space at the ECC, Participating City acknowledg�s
and agrees tha# if it requ�sts th� Fort Worth Mo�ile Collection Unif at a mabile
collectio� event, a Partici�ating City's Non-For� Worth Mo�ile Call�ctian Unit s�ail
nat alsa b� at the ever�t.
�4. City, in iis sole discretionT will det�rmine whether ta send the Fort WortF� Mabile
Callection Unif to Partici�ating City's Coll�ction Event during adverse weathe� ar
the ihr�at of adverse weafher including but not limifed ta sieet, snow, rain, mist ar
hail. In tne event Fart Worth determines not to send the Fort Wor�h Mobile
Callectian Unif, For� Worth shall notify �ersflns fisted in Section 5, Paragrapt� A
and shall send a Fort Warth �mployee ta the E'artieipatir�g Gity's �vent to teEl any
residents that come �o dispose of hous�f�olc! hazardaus waste; 1) #hat �h� F'ort
Worth Mobile Coflection llnit wil� not be caming ta the event, and, 2} that the
resident can go to the ECC ta dis�ose af the waste and provide a map to th�
ECC. - �
5.
DUTIES D�.PARTICIPATING CITY
Participating City a�rees ta perform the fiollowi�g duties in connec�ion with the household
�azardaus waste collecfion program:
A. Partici�ating City will designate o�e af its employ�es, and anoth�r as an alternate, to ac�
as its hauseha�d hazardous wast� caklection coordinatar to ir�eract with Fort Warth.
Des�gr�ated persori is: Rober� Berndt telephone number: �1� $$�"Z634
P�ger number or 24-hour number where he or she can be reached: 817 418-R�017 _
Alt�rnate person is � Renee Lamb te[ephan� r�umber: 817 88��13,73
Pager number or 24-ho�r number wher� he or she can be reacn�d: 817 99I--2194
B. � Participatir�g City will coordinate and fund a1� program advertising target�d to ifs own
citizens, as it deems necessary. Such advertising shall include the type of wastes that
will be accepted at the ECC, t�e requirement of proof of residency and weather
car�ceilation informat€�n.
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C. Participating City shali notify its �esidents af tt�e ECC haurs of operatian and dates it is
closed as pravided in Sectiort 9"'The Environmental Collection Center Haurs af
Operation."
D. Participating City may choose to utifize a vouch�r system far its r�sidents in order for
them fo bring HHV11 to �h� ECC. If Partici�at9ng Cify �h�oses to use such a sysiem, it
shall notify Fort Worth of the decision, and shai! pra�id� Fort Worth with a copy af the
official voucher. 1n addition, if a citizen from a l'ariicipating City that utilizes � v�ucher
system comes tQ the ECG or a mobile collectian event witho�t a Woucher, Participating
City acknowledges and agrees �hafi Fort Worth will not accept the househo[d hazardous
waste until Participating City autharizes the acceptance in writing.
E. Partici�ating City may submif a wriften r�quest fnr a monthfy repnr� iisting the n�m�er of
its city`s hauseholds that �ave disposed of i�ousehold hazardaus waste at the ECC or a
mabile collectian eveni.
F. Part�cipating Gity shail �rovide traffic confrol and sigr�age for ti�e mobilE collect�on
events, and st�all pr�vide personn�l fo assist Fort Wor�F� with the survey and screening
of persons dropping ofF household hazardous waste. T�e �arties prior to the svent shall
agree upon the details afi the traffic control, signage, and personnel assistance.
G. Particiqat9r�q Citv's Mobile Co1[ection Llnifs Collect�nq Household Hazardous Waste
1. Participatir�g City sha[I a�vise the ECC program manager at least 7� hours in
advance of its mo6ile ca[lection events. Participating City shall cal�ect only HHVII'
during a mobife coflection event. Wastes fram c4mmercial, agricultural, and
indus#rial s�urces shall not be acce�ted. Participafing Ci�y sf�all nat accept
compressed flammable gas containers; ra�ioactive materials; expiosives or
potentPally shoek sensitive materials; biaiogical, etia�ogic, and infectiaus
materials; ar�cf any other wastes that Fo�t Worth has defermined are
unaccepiable.
2. In accordance wifi� the latest Dc7T requirem�nts, Participating City's MCU
operatars will properiy categorize, packagQ, mark, fabel, and laad into the MCU,
all wastes received at tne mobife coflect9on event. Recyclable products {used oil,
used oil filters, lafiex paint, recyclable anti-freeze, fead-acid �att�ries, and
fluarescent lights) wi11 be segregated into cantainers for recyclables.
3. Afte� accepting wasfes, Participatir�g City's MCU operatc�rs shail tharaugnly
c�eck each confainer for proper labefing and identification. If a container is
properly identi'fied, th� material will be segregafed according ta hazard class and
prepared for packaging. !f a container does not have adequate labefing to permit
identificafian, th� MCU operatars shall then attempt ta id�ntify the materiaf firom
its �hysical characteristics using HAZCAT analysis a�d from information provided
by the household presenting the waste.
4, The Participafing City's MCU operators s�all package all hazardous materials in
accordance with United States Depar#m�nt af Transp�rtat�on {DOT)
requ+rements, United States Environm�nta� protection Agency (EPA}
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requirements, and all a#her applicable federal and staie re�uirements. A�ter af!
t�e wastes ha�e be�n properiy ider�tified and segregated, ti�e MCU operators will
re�xamine the wastes for compatibiEity, list them on the container content shee#s,
and pack them into drums. Oi!-based paints and iatex painfs shall be bulked
separately i� 55-gallon drums, or if the paint is left in its container, the pai�t can
�e packed in a fined cubic yard bax, and packed and labe�ed according to federal
and state reg�lations. Participating Ciijr shall not transport wasfe that is not HHW
to the ECC. Participating C�ty agrees to make iis own arrangements to dispose of
any non-HHW waste collected at the e�ent.
5. P�r�or to transporting the HHW from the coilection eve�t site(s), Participating Ciiy`s
MCU operators shali complete a Bill of L.ading, a�d shall keep the Bill af Lading
9n the cab of the truck hauling t�e MCU during transportatian flf the HHW ta the
ECC. Participating City sha11 re�uire �F�at a minimum of one copy of th� latest
North Amer�can Emergency Response Guidebook be kept within the cab of the
truck.
6. During transpartaiion, Participating City's MCU o�erators shall pfacard the MCU
for transpa�tation af hazardous waste in accordance with federal and state law.
7. Upan fhe return of tF�e MCU to the ECC, Par�icipa#ing City's MCU operators shall
follaw the instruc#ions of Fort Worth regarding the placement o� the MCU for
unloading. Fort Worth sF�alf take passessian of the MCU from Participating City
a�ter the MCU has been properly parked far unlaading in accardance with Fart
Warth's instructions anc� all required documents have been d�livered ta the ECC
program manager or his designee at the ECC. Fort Worth shall, within a
reasonable amount of time, unEoad th� NHW from the non-�ort Warth MCU and
store fhe HH1N at #he ECC.
8. If Fort Worth, in its sole discretion, det�rmines thaf Participating City's MCU
operators improperly packaged any af ihe HHW delivered to the ECC, F'art Worth
shall repackage such waste, and Pariicipating City st�all reimburse Fort Worth as
sei for�h in Sectian 10., Paragra�h B.
9. If a spi!! occurs at th� ECC while th� MCU is still in Participating City's
possess9on, Fort Worth shall take contral flf the spill response and Participating
City will reimburse Fort Worth for its response costs as set fortF� in Sectiort 10.,
Pa�agraph C.
6.
USE OF WASTE DISPOSA[JRECYCLING F'IRMS ��R HOUSEHOLD HAZARDOUS WASTE
A. Fort Warth will enter into a cantract(s) with waste disposallrecycling firm(s) for the
handfing, collection, transportatian, storage, disposal, treatmeni, recovery, andlor reuse
of household hazardous waste, which is coilected at #�e ECC.
B. Such firm(s} shali be r�quired pursuant to #he cantracf(s) to assume generator status for
the waste collected, ��xclu�ing us�d oi[, Eead-acid batieries and ar�tifreeze} to choose a
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disposaf sife for the waste subjeci to �ort Warth's approval, and to indemnify �ort Worth
and participating c�ties against any and aN en�iranmental damages and ti�e v�ola#ian of
any and a!I �nvironmental requirements resulfing from the handling, col�ection,
trans�ortation, starage, d9spasal, treatment, rec4r�ery, and/or recycling of waste collected
pursuant to #his agreement, when said environmental damag�s or the violation of said
environmental requirements was the result of any act ar omission af ca�tractor, its
�fftc�rs, agents, employees, or subcontractors, or the jaint act ar omission of confiractor,
its officers, agents, employees, ar su�acantractors and any other persan or entity. �
C. ib� Pp����� R�COGNfZ� THAT A�7FfOUGH i"HE ��RM �S� WI�l� �� Ft�QUIR��
i0 p►�SU�19� C�I��RATOR STATUS, THIS ASSUIVIPi[ON lNI�� NOT F��L��,1/E
PAI�`iIClI�ATI�lC C[TY C?F LIABILl7'Y I�OR YHE WASTE 11NDER �EC1�R�L L�W
A[VD SiAi� LA�V'. Fort Worth w�ll arrange for recycling �endors for used oi1, ba#teries,
antifreeze, artd other materials, as it deems appropriake.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fori 11Uorth will make available to residents an� businesses of Fort
Worth, as weU as, Participating City and residents and businesses of Parkicipating City
for their us�, collected household �azardaus wasie materials that are suitable for reuse,
such as paint, fertilizer, motor ail, and antifreeze. �ort Worth shall not charge fior any
materials that are picked up for reuse.
B. Some materials made availa�[e far reuse may have beer� consalidaied and fi[tered by
Fort Warkh priar to being made avai�able. Used antifreeze will have been cansolidated in
a barrel, filtered, and pH �alanced, and new anfifree�e may ha�e been added to the
barr�l.
C. In regards to materials accepted �y Par�icipating City, Fl7Ri WOR�H 1V1r4K�5 fV�
RE�����f�iA�'IONS, WARRANTIES OR CUARANTIES THAT:
1. th� cantainer contents are what the label indicates;
2, the container contents are those originally placed into the container by the
manufacturer;
3, the product is of the quaGty intended fior its use;
4, the cont�nts af fhe container have been stored praperly;
5. the ins�ructians on fh� container label for use, starage, and first �id are currenfi ar
correct;
6, the container is in unim�aired condi#ion;
7. fhe product is still approved far use (i.e., it has not been banned ar recalled); and
8, the praduct can be used without risic #o persons, property or the er�vironment.
�'URYb�RIV�O�E, ALL. WARR�►NTIES, EKPRESS Ai�D IMPl�1��, ���
SP�Cl��CA�LY DENIED. .
D. Participating City shal! cantact the �CC program manager to arran�e a pickup time to
obtain materials. Participating City agrees that it si�a11 not return to Fork Warth, directly ar
indirectly, any materiaEs it abtains from Fort Worth under this paragraph.
E. IN R�G�R�S TO MAT�RIALS ACCEPiED �Y PARTI�lPA1�1Rlf� CITY,
PARTIC1��4i1N[3 C1TY UDES HE��BY WAIVE A�l� C�AlIi�S, INCLLI�I[�(�
P�O�UCTS LIA�IL[TY CLA[MS, AN� R�LEASES, AND HOL�S Hi�R�VI�,ESS Tb�
Cl'iY OF f��Ri' WORTH, AAID AL.L 01� 1TS OF'FICfAI.S, OF�'�C�RS, F[VI�LOY�ES,
,4C��lTS, AN� VOLLlNTEERS, 1N BOTH THE1R PUBL,iC AP]� PRIV�►f�
C�►PACIii�S, FROM ANY AND A�� LIABILITY, CLAiiVIS, SUIiS, ��MAN�S,
EX��NS�S O� L[TIGATI�N� OR CAUS�S OF ACTfON lNHICF� N1AY RFt1S� �Y
R�ASOf� O� IIVJURY TO PERSOAlS, L05S OF PRO���TY, DAflNA�� `�O
PRO����l(, OR I�OSS OF ll5� O�' �NY PR�PER`�Y , �C�ASIOPl�� �Y �'H�
iR�iVS�ORiAiION, STORAGE, HAlVDI.IN�, US�, ANq QIS��S�� �Y
�AR�'ICIPAiINC C[i"Y �F ANY MAT��fI�,l�S AGCEPT�D �Y �p►RT1�fP�4TIPlG C17Y
UN�LR ibl5 �►GR��I�iENI� �R�II� FORi WOR�H.
F. In regards to materials accepted by residents ar �usinesses of Participating Cikies,
�ORi iNORi"H IIflAKES NO R�PRES�NiAT14NS, WARFtANT��S OR CUAF�4NTI�S
THAf:
9. the container contents ar� what the label i�tdicates;
2. the container conter�ts are those originally placed into the container 6y the
manufactur�r;
3. the product is of the quafity intended for its use;
4. the contents of the container have been stored properly;
5, the instruciions on #he container lab�1 for use, storage, and frst aid are current or
correct;
6. ti�e container is in unimpaired condition;
7. fihe product is still appraved for use (i.e., it has not been banned or recalled}; and
8, the product can be use� without risk to persons, property or the environmeR#.
�UR'Tb�R[VIOR�, ALL WARRAN�I�S, �XPR�SS �►ND IM��I��, AR�
�F'�C1�IC�.E.�Y D]�iV1�D.
G. Participating Ci�y shall att�mpt tQ inform its residents and businesses that if they go to
the Environmantal Collection Center tQ pick up househald hazardous waste for reuse, a
release of I€a6ility must be signed ta accept the nousehold hazardo�s waste for reuse.
10
�
$.
R1GHT TO REFUSE WASTE
Partic9pating City agrees that Fort Wortn shall have the right to refiuse to accept waste at the
ECC from Participating City's resident and io eject such individua! from the premises o� the
ECC, if in the reasonabl� judgment of For� Worth:
A. The waste is not household hazardous waste;
B. The waste fails t� me�# other established criteria established by this Agreement, or that
ha�e been esta�fished by Fart Worth su�sequent to the executian of the Agre�ment;
C. The individual daes no# have sufficient identification ta establish that helshe is in fact a
resident of Participatir�g Cify;
D. Participating City has implemented a vo�cher system for its residents to dispass of
waste, and the individual does not hav� a valid voucher; or
E. The waste or the individu�l pres�nfs a hazar� to the ECC flr ta persons ar property at
the ECC.
9.
ENVIRONMENTAL C�LL�CTION CENTER HOl1RS AND DAYS
OF OPERATION
A. Ho�rs of Operatian
During the term af the agreement, the ECC's hours of operat9on are as follows�
Thursday and �riday 11 :00 a.m. -7:00 p.m.
Saturday 9:00 a,m. -3:00 p.m.
B. Days the Environmental Collection Center wil! be closed
During the term af the agreement, the ECC will be closed on the following days:
Tha�ksgi�ing Hofiday, Navember 22 -23, 2001
Christmas Hofiday, Decem6er 24- 25, 2001
Decerr��er 30, 2001 through .�an�ary 11, 20�2, for c�eanup and repairs
M.L.K. �Day January 21, 2002
Memorial Day, May 27, 2002
lnde�endence Day, July 4, 2002
La�of Day, September 2, 2002
C. Notifying Residents
Participating City agrees to notify ifs residents of the ECCs haurs of operation and dates it will
be closed. Participat9ng City may adv�riise the 24-t�our Enviranmen#al Col[ection Cer�t�r
11
�
telephone number ta givs its residents the �nvironmental Collection Cen#er's haurs. The
number is: (817} 871-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fart Worth pursuant to #his agreement:
A. Participating City agrees to pay �art Worth th� sum of $fiO.OD per househ�ld �er visit tfl
the ECC ar per household for }�articipation in a Mobile Collection Event to dispose of
hous�Mold hazarciaus waste.
B. I� Fort Worth determines that Participati�g City's MCU operators impr�perEy packaged
any of the HHW delivered ta the ECC, F'art Worth shall repackage such waste, and
Participating City shall reimburse For� Worth far it staff fime at $2�.Q0 an haur and the
cost of stapplies.
C. If a spill occurs at fihe ECC while ti�e Non- Far� Wori}� MCU is still in Pa�ticipating City's
possession, For� Worth shall take control of the spi11 response and Participating City wifl
reimburse Fort Worth for its respons� costs af $60.00 �er hour staff time and fihe cost of
supplies.
D. The amount due to Fort Worti� for s�rvices provided under this Section, Paragraphs A,
B, a�d C, shall b� biEled io Participating City quarteriy. Par�icipating City shall pay Fart
Worth witnin 30 days of receiving a bill from �ort Worth. If Fort Worth does not receive
payment within 34 days, Fork Worth sF�a[I inform Partic3pat€ng City in writEng that it wi11 nat
acce�t any househald hazardous wasfe from Par�icipating City's residents and tt�at Fort
Wvrth will nat par�icipate in a mobile eolEectian event or pravide a mobile collection unit
until paid.
E. At the end of the term ofi tE�is Agreement, �art Worth shall provide a final accounting #o
Par�icipating City, which v+►ill include the total number af Pariicipating City's househfllds
which participated in the program, r�packaging fees, if any, and the total cost flf spill
response charged fo Participating City, if any.
F. Pursuant to the requiraments of Government Code §79�
Fort Worth under Subparagraph D. above shall be
available to Participating City in t�e present fiscal year.
.011 (a)(3}, �he amount due to
paid from revenues currently
12
1i.
ARTWORK, "CAPTAIN CRUD AN� THE CRUDDIES," AND PROMOTIONAL MATER�ALS
LIC�NSE AGREEMENT
F'ort V`Ja�th is the owner af "Capfain Crud" and the Cruddies ("��oomer,"' "etfio," "��sfiie,
"Scr�b," and '"Van Goo") "Co�quer Your Crud," and "Crud Cruiser", and therefore all
awnership righ#s belong to For� Worth. For� Wor�h has regist�red these marks as s�rvice marks
with th� Secretary of State.
A. For� Worth hereby grants to Par#9cipating City a nan-transferable, non-exclusive licens�
to use all the artwork and promotionai mat�rials that may be provided by Fort Worth #o
be used sofely in the conduct af the business �f Participat9ng City's disposaf and
recycling of household hazardous waste �rograms. If Par�icipa#ing City wishes to use to
Licensed Art andl�r Promotional Materials in ather limited situations, Participafiing City
must �rst obtain express written cnnsent from Fort Worih.
B. Fart Worth may provide licensed Artwork a�nd Promotional Materials ta Participating City
pursuant ta the terms af this Agreement. Participating City acknowledges that by virtue
o�' this l.icense, Participating City acquires only the right to use the original and permitted
d�plicat� copies of #�e Licensed Arfwo�k and Pramotional Materials and does not
acquire any rights of ownership in the L.icensed Artwork and Promotional Materials,
which rights sha1E remain exclusively with For� Warth. If Pa�ticipating City wan#s to modify
or change the artwork andlor promational materials in any mann�r, Participating Cfty
h�reby agrees to cantact Fort Worth in writing to obta€n written consent before modifying
or changing a�y artwork andlor pramotiona� materials.
C. If Participat�ng City �esires an actor fa portray "Captain Crud" fior an event, Participating
City shall use actars approved by Fort War#h to portray "Captain Crud" since "Captain
Crud" is owned by Fort Wor#�. Participating City shall be soleiy responsible far
com�er�sating actar for the services provided to Par�icipating City. Participating City will
eontact �ort Warth as soon as passible with the date and time of i�e e�ent agreeable to
both parties io obtain approval fiar ti�e chosen actar and to request and pickup the
"Capiain Crud" costume for its ��ents. �'ort Worth will pravide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort Wo�h for any damage to
the costume or if Partic�pa#ing City fails to return the entir� cos#�me to Fart Warth or if
t�e costume is nat returned in the sam� eondition as r�ceEved.
12.
IMMUNiTY
If is expressly understood and agreed tY�at, in the execution of this Agreement, none of the
participating cities waives, nar shali b� hereby deeme� ta waive, any immunity or defense that
would o#herw�se be available to it against claims arising in th� �xercise of governmental powers
and functions, and that ihe services described in th�s Agreement are a governmenta! fr�nction.
13
13.
FORCE MAJEURE
A d�lay or failure of Fort Worth to �erform services pursuar�f #o this Agreement shal[ be excused
to t�e ex#ent that th� delay �r failure to �erform resulted from a force majeure event, and the
dalay or fai[ur� was 6eyond fhe cantrol of Fort Worth and nat du� to its fault ar negligence.
Participating C�ty shall not have, and hereby waives, any cfaim whatever far any damages
r�sulting from delays or failure to perfarm caused by a farce majeure event.
1 �.
TERMINATION
Th� par�ies shal! each have the right to terminate the Agreement for anyreason, with or wi#hau#
cause, upan thirty (30} days wriften notice to the oiher party. Upon termination, the parties shall
be released fram ap cantractual ob[igations to tt�e oth�r party excluding "USE OF WASTE
DISPOSALIRECYCLING �'fRMS �OR H�lJSEHULD HAZAR�OUS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MAT�RIAI.S" {Paragraph 7) and "ARTWORK, "CAPTA�N CRUa
AND THE CRUDDIES," AND PROMOTIONAL MATER�ALS LlGENSE AGREEMENT'
�Paragraph 11 }.
'I 5.
NOTICE
Any �otices required #o be given under this Agreement sha[I be delivar�d as folEows:
Ef to F'ort Worth:
Brian Boerr�er, CHMM, Direetor .
Department af �nvironmental Management
City of F'ort Warth
1000 Thrackmor�on
�'ort Wvrth, Texas 76102
If ta Partici�atin� City:
Mr. G. K. Maenius
Office Administratnr
14q �. Weatherford - Room 404
Ft. �Eorth, �exas 76195
16.
ENTiRETY .
This Agreement contains all commitmer�ts and Agreements of the parties here#o, and no other
oral dr writfen commitments shall h�ave any force o� effect i� nof contained herein, exc�pt fihat
this Agreement can be amen�ed or modified by the pa�fi�s if such amendmenf or rrmodificatian is
in writing and signed by Participating City and �ort Worth.
14
17.
SEVERABILITY
In the event anyone ar more of the pro�isions cQntained in this Agr�em�nt shall far any reason
be held to be invali�, iflegal, ar unenfarceable in any respect, such invalidity, illegal�ty, or
unenfarceability shall nat affect any other pravisian th�reo� and this Agreement shall be
constr�ed as if such invalid, illegal, or unenforceable provisions had never been cantained
hereir�.
18.
VENIJE
Shouid any actian, real or asserted, at law or in equity, arise out of tha terms and conditions of
this Agreement, venu� for said acfion shall be in Tarrant Caunty, Texas.
19.
AUTHORITY
This Agreement is mad� for Fort Worth and Partic9pating City as an Interlocal Agreement,
pursuant to Texas Go�ernment Cnde, Chapter 791.
20.
AUTHOR2ATI�N
The undersigned officers andlor agents of the parties hereto are pro�erly authorized offic�als
and have the necessary authority ia execute this Agreement on behalf of th� parties h�r�to, and
each par�y hereby cer�ifies fa the ather that any necessary resolutions extending s�ch authority
have been duly passed and are now in full force and effect.
15
, ,.
EXECUTED IN TREPLICATE
CITY OF FDRT WORTH
By: � - _
-�� � � - -
, ,��,
Li�; ..�
by Vllats
Assistant Ci� M ager
Date: , � ,-�,' p i
APPRQVE� AS TO �ORM
AND �.EGALiTY:
.l.f .�...� � �
l" .��
����7 : � —'E •
►_�
E
laria
City S
���.��z`��
.�
Contract authorization
/� % o�
Dafe
PARTICIPATING CITY
:
. ., , ,
� � _
�- pRJ 5--- '�=� -
�fom Vandergriff . /
Caunty Judg� - , �
Date: _
APPROVED AS TO FORM
Districi Attorney�
_ _ �
ATTEST: ' ' � ' �
Certificatian of Funds Avai�,l�b�e
for tY�e Amount o£ ���Q'" l�
�
� // J✓�� ^�°�
, , _ ._,:�� � �..
' S. R E TIDWELL, CPA
CQUN'TY AUDITOR
. Approval Fo��or Dis�t�rc� �.ttorney �-- � - _ _ _
� . , f�ll�5�(�U�° � ���V�
. .�'�` •--�►' � .
Ap�yl4�ed at to Form'� � . �������� �
., . _ �r�. `� ��
�.,
*By 1aw, �the District Attomey's O£f ee may only advise or approve contracts orl�gdi -
documents on behalf of its clients. �t may no ad�rise or approve a contract or legal
docurnant on behalf o� ather parties. Our review o�this document was cond�cted solely
from the legal perspective of our client. Our appraval of this dacument was offered
snlely for the benefit of our client. Othex partias should not rely an �lus appraval, and
should seek re'view and appraval by th�i� own respective attorney(s},
.r � •' r
Exhi6it "A"
F���i�C�lf�� �ISY �OR iH� f�J10�1�� �OLl.,�CT'iOf� �iNli
�a�erial Amount Restocked Specia[ FVeeds R�marks �
55 gallon open top Amount tak�n off the
drums (open top for trailer
loose pacEts} __
55 �allon drums Amount talcen aff the
(closed top) (oii, tra9ler
an#if�eeze, bulk
flammable materials
and one extra) .
Fiber drums (55 or 30
gallon) Aerosols, Amouni taken off ihe
acids, bases and trailer
oxidizers)
Gaylard bax liners
(plastic) Amount taken off the
trailer
55 gallan drum liners
Amount taken off the
trailer
5 gailan buckets
(filt�rslhaz c�emicals} Amount taKen off the
trailer
Survey Farms
Amount taken off the
trailer
Labelsldrum placard
Amaunt iaken off t�e
traifer
Gaylard boxes
Amount taken nff the
trailer
Absorbent pads
Amount taken off the
trailer
Vermiculite �
Amaunt iaken off the
traifer
Oii dry .
Amount taken afif the
trailer
PTomotional Materials
& Brochures Amount needed
97
�xhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR C�LL�CT]ON OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at
have been asked by the City of to allow a mobiie collection
event on my property #o collect householci hazardo�s waste or� tf�e , 2pp�,
in cc�nsideration of , I hereby give my permissio� to the City of
to ho1� a household hazard�us waste callection event on my
praperty En which the City af _ has asked the City of Fort Worth
ta send its mabile collec#ion u�it to collecf the househald hazardous waste that is brought to ihe
e�ent.
Therefore, in cansideration ofi , I�ereby RELEASE;
DISCF�ARGE, N�LD HARMLESS, INDEMNI�Y the City of �ort Warth or its officers, agents,
and employe�s �nd the Giiy of and �ts afficers, agents,
andlor employees far any and a!I claims, d�mands, iiability, causes of action, actions or s�its Qf
any charaCter thai i may have against the City af Fort Warth or its officers, agents, andlar
employees and the City af or its offiicers, agents, andlar
employees fiar any prop�rty loss or damage, for arry and all personal inj�ry including death or
any other damage of any kind or character which may arises or that arises from aliawing #he
C9ty of to hold a household hazardous waste coflection event, in
which ihe City af For� War�h ser�ds its mobile collectian �nit an my property.
I have read this Waiver and Release and fulfy understand its terms and conditions. ! have not
6een inf�uenced in any extent whatsaever by any representation or statements not contained in
this Agreement. I hereby acknowledge that fhis Waiver and Release is given in considera#ion of
5ignature Date
Witness
18
�'i� of ' .�'vri �Va�ih, �'exr�s
� ' . ��; , � � �� � � i
+����n���.��c�r�
o�T� - - - - R�����ric� i��l(���r� - - - �.oc r�A�� �A�k � - - - . � - - -
1019I09 **�_1 �'�77 52Ca�LECTI�N '1 of 2
������� APPRnVAL 4F iNTEf�LOCAL AGREEM�N'iS WfTH 1�ARIC�US MUNICfPALiTiES FOR
THEIR PARTfCIPATION A�T THE ENVIRONMENTA� COLLECT(�N CENTER
RECOMNlEN[?ATi01�: �
It is recflmm�r��ed that t�e City Counci! autharize the City Manager fo execu�e Inter(�cai Agreemer�ts
witF� �arious municipalitiss/entities for their participation at the Enviranmerttal Coll�ctian C�nter.
D15CUSSION: � �
The Cit�t's Enviror�mental Calle�tian Cenier is no7►v in its fifth year of operation collecting hausehold
hazardous wasfe from the citizens of Fort V'Vorth and surro�nding communities on a year-round basis.
In order for non-Fort Wvrth citizens ta participate a� the cenier, each municipality is required to enter
znfo ar� Interiocal Agreemarrt with the City of �Qrt Worth.
�ast y�ar, 23 area commur�iti�s signed parfiicipation agreemet�ts witF� the Ciiy. Far the upcoming year,
we expect that number t� rise tQ 24 cammunities. The rate per ha�asehold tor the period covered by
these agreemar+ts {Qctab�r �, 20Q�, throu�h Septemb�r 30, 20Q2) is $6Q. It is anticipated that
appraximately $300,00� wili be collected under these agreements. �
This agreement autfines the responsiE�ilities af each party, esta�lisF�es the rate fQr participation, and
de(ineates the use of setvic�-marked public educatiort material. The City is responsib}e for the ov�ral!
operatian af the c�nter, including contracting witf� a hazardaus wast� dispa�af cQmpany for
transportatian and �disposal of materials collected.
The foflowing entities have expressed an int�re�t ar have already committed to participaiion far the
period October 1, 20�9, through Sep#ember 30, 2002:
Ariingtort*
B�nbrook
Everman*
Grapevine
Keller
Richland Hills'"
Stephet�ville
Unir�corparated Tarrant County
Azle
Burfesan
Euless
Haltam City
�Jewark
Rirrer Qa�s
Southlak�
Venus
Bedtorct
Co#le�rville
Grand Prairie� '
Hurs#
�lort� Ric�land Hills
Saginaw
Upper Trinity Regic�nal Water
Wa�tauga
*These m�nicipalitie� are expected to parEici�ate, but have nQt yet reEurned their approWed agreements.
�`ity of .�ort W'ori�i, Texas
���o� ��� �o�����
��������ta�o�
DA7E REF�RENCE NUMB�R �� �UG NAME PAGE
�p�g��� **�o��`��'� 52COLLECTION 3 of 2
SUBJECT APPROVAL OF iNTERLOC L AGR�EMENTS WITH VARIOUS MIJNIC:IPALITIES FOR
THEIR PARTICIPATiaN AT THE ENVIRONMENTAL COLLECTION G�NTER
— I -� --�-�
AdditionaI Infarmatioa Coutact: �
� �
Brian Boemer 8U79
- I - ••--- - ._. _ .. .....---•-•