HomeMy WebLinkAboutContract 27146CIrY ����Ei��Y , � �,
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If�TERLOCAL AGREEMEAlT FOR PARTICIPATION IN FORT WORTH'S
Ef�VIRONMENTAL COLL.ECTION CENTER
HOUSEHO�D HAZARDOUS WASTE PR�GRAAI�
THIS AGREEMENT is entered into by and between the City of For# Worth, Texas, a hame-
rule m�anicipal corporation si#uated in Tarrant and D�nton Counties, Texas, hereinafter cafled
"Fort War�h," acting herein by and through Libby Waisan, its duly authorized Assistant City
Manager, and th� Citv af Grand Prairie, a horrie ri.ile municipaiity situated in Dallas and
Tarrant Counties, Texas, hereinafter called "Participating City," acting herein by and through
Tam Hart its duiy authorized Citv Manaaer.
WfTNESSETH
WHEREAS, Texas Govemment Code, Chapter 791, authorizes the formulation of ir►terlacal
cooperation agreements between and among IocaE governments; and
WHEREAS, Texas Go�ernm�nt Cade, §791.011 prauides that a loca{ government may
cantract with another to perForm gor�ernmentai functions and servic�s, and §791.Da3(3)(H}
defines waste disposal as a g���mmental functio� and service; and
WFiEREAS, Texas Gavemment Code, §791.025 pravides #hat a local gavernment may
agree with another lacal govemment #o purchase s�rvices; and
WHEREAS, For� Wor�h and Pa�ticipating City desire to enter into �n interlac�l agreement
whereby �ort Worth will purchase #he services of a waste disposallr�cycEir�g firm or firms and
wilt administer a household hazardous waste coNectian program; and
WHEREAS, Fort Worth and Parki�ipa#ing City mutuafly �esire to be subject ta tF�� provisions
of Texas Go��rnmen# Code, Chapter 79'�, also F�nawn as the Interlocal Cooperation Act;
NOW THEREFORE, it is agreed as follows:
1.
DE�IIVITfOfdS
A. Unless a pra�ision
and phrases, �s
desig�ated.
in this Agreement explicitly states ot�erwise, the fallowing terrns
used in this Agreem�nt, sha11 ha�e the meanings hereinafter
Act of God means an act occasioned by the direct, immediate, and exclusive
aperation of the forces of nature, uncontrolled or uninfluenced by the power of
humans and without hurnan intervention.
Bill o# Ladinq lists t#�e con#�nts o� the mobiie collection unit.
Enviranmental Collection Center (ECCI means the City of Fnrt Wor#h Departmen# c�f
Environmental Management facility IQcated at 6�400 Bridge Street, Fort Worth, Texas,
which is ta be used by Fort Worih for the aggregation of household hazardaus wastes
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that have been brought to the faci[ity by participafing cities' households fior subsequent
recycling, disposal, andlor re�se.
Environmental damaqes means all claims, judgments, damages, loss�s, penalties, fines,
[iabilities �including strict liabifity), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, wl�ether or not such ciaim is u1#imately defeatecl,
anc4 of any good faith seitlem�nt or judgment, of what�ver kind or nature, contingent or
oth�rwise, matured or unmatured, foreseeable or unforeseeab[e, including without
Iimitatian reasanable attorney's fees and disbursements anci consufiant's fees, any o�
which are incurred subsequent to the execution of this Ag�eement as a result of the
handling, callection, transpor�ation, storage, disposal, treatment, recovery, andlor reuse
of was#e pursuant to this Agreement, or the sxistence o# a violatian ofi environmental
requirements pertaining to same, an� including without limitation:
(a) Damages far personal injury and death, ar injury to praperty or natural resourees;
(b) F'e�es incurred far the services of attorneys, consultants, contractars, experts,
laboratories a�d all ather costs �ncurred in connection with the investigation or
remediaiion flf such wastes or �iofation of environmental reguirements includ�ng,
but not limited ta, the preparation of any feasibility studies or reports ar the
�ertormance of any cleanup, rem�diation, removal, respanse, abatement,
containment, closure, resta�ration or monitoring wark required by any federal,
state or local governmental agency or political subdivis9on, or otherwise
expended in connection witn the existenc� of sueh wastes or violafions of
enviranm�ntal requir�ments, and including without limitafion any attorney's fees,
costs and expenses incurred 9n enfarcing thfs agreement or callecting any sums
due hereunder; and
{c� Liability to any third person ar governmental agency to indemnify such persan or
agency � far costs expended in cannection with the items referenced in
subparagraph (b) herein. .
�nviranmenfial reauirements means all a�pficable �resent and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, �lans,
authorizatians, concessians, franchises, and similar items, of allgovefnmental agencies,
departments, commiss9ons, boards, bureaus, or instrumenta[ities of the Unit�ci States,
states, and political subdivisions thereof and a11 applica�ke judicial, administrative, and
regulatary decrees, judgments, and orders refating to the pr�tection af human health or
the.environment, incfuding without limitation:
(a) All requiremen#s, �r�cluding but nat limited to ihose pertaining to reporting,
licensing, pErmitting, inwestigatian, and remediation af emissians, ciischarges,
releases, ar threatened releases af hazardous materials, polluta�ts,
contaminants, ar hazardous or foxic substances, rrtaferials, or wastes whether
sofid, liquicl, ar gaseaus in �ature, inta the air, surtace water, groundwa#er, storm
water, or land, ar relating to the manufacture, processing, distribution, use,
treatment, s#orage, disposa{, transport, or handling af poliutants, contaminants, or
hazardous or ioxic substances, materiafs, or wastes, whether soiid, fiquid, or
gaseous in nature; and
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(b) Afl requirements pertaining to the protectian of the health ar�d safety of
employees or th� public.
Force maieure means decrees of or restraints �y a governmental instrumentality, acts af
Gad, work stoppages due to labor disputes or strikes, fa�lure of Fort Worth's µ�
contractor(s} ta perfarm p�arsuant to their agre�ments with Fort Worth far the conduct o#
the colEectio� of household hazardous waste, fires, explosions, epidemics, riats, war,
rebell9on, and sabotage.
Household hazardo�s waste (HHWI means any salid waste generated in a househald by
a consumer which; except for the exclusion �ravided #ar in �a CFR § 2fi1.4(b){1), would
be cEassified as a hazardous �vaste under 4Q CFR Part 281.
Manifest means the uniform hazafdous waste manifest form(s) f�arnished by the TNRCC
to accompany shipments of municipal hazardaus waste or Class 1 industrial solid waste
for waste transported to a site in Texas, or the comparable manifest of the receiving
state if the waste is transpor#ed aut of Texas.
Mobile callection �vent means a household hazardous waste calleciion e�ent by
Participating City utiiizing a mabife co�lection unit.
Fort Warth Mabile collection unit (MCLI) means a non-self-propelled vehicle used for ihe
periodic coll�ction of hauseh�ld hazardo�s waste by Participating Ci#y, off-site of the
ECC, uvhich is transported io the ECC to dispas� of the househald hazardous waste
collected a# the mobile coElection event. The Fart Worth Mabile Collection Uni� is
designed to hold the hazardous waste of approximately 50 to 75 househalds.
Participatinq Cities, when used in the plural, means Fart Worth, Participat�ng City, and all
other entities wh9ch have entered inta interlocal agreements with Fori Worth for the ECC
household hazardous wast� colleciion pragram.
Person means an individual, corparatian, organization, go�ern�nent, or govemmental
subdivision or agency, business trust, partnership, assoc9ation, or any oth�r le�al entity.
Waste has the same mean9ng as "sali� waste" as �hai term is defined in Texas Health
and Saf�ty Code §361.003, and including hazardous substances.
B. Unless a pravision in this Agreement explicitly states otherwise, the following
abbreviations, as used in fihis Agreement, s�all have the meanings hereinafter
designated.
CERCLA - Comprehensive Enviranmental Response, Compensatior�, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - Unite� Stat�s Deparkment of Transporiation.
ECG - Environmentaf Co[lection Center.
EPA - United States Environmental Protection Agency.
HAZCAT - hazardous categorizatian.
HAZWOPER - hazardous wast� operatiQns and emergency response. -�
HM - hazardous matefials.
HHWV - household hazardous waste.
MCU - Mabile Collecti�n Unit,
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement'") is the provision of services by
Fort Worth to Parficipa#ing Ci#y wher�6y, subject to the terms and canditions specified belaw,
Fort Worth will administer and supervise a regianal hausehold hazardous waste collection
program, which will be availabl� #o households within Participating City.
3.
TERM
This Agreement shall be effectiv� from the date the last party has signed tnis agreement
tF�raugh Septembar 30, 2(}02.
4.
SERVICES OF FORT WORTH
Fo�t Worth agrees to perform the following services for Participating City in connection with #he
ECC hausehald hazardous waste collection program: �
A. Fort Worth will administer a regional household hazardous waste collection pragram.
This program wil! 9nclude the op�ration of ths Environmental Collection Center, which
will accept for disposal andlor recycling household hazardous waste #rom housefi�olds
iocated within Participating City. Fort Worth shaH not accept compressed flammable gas
containers; radiaactive materials; explosives or potentially shock sensitiv� materials;
bialagical, etiologic, and infectious materials; wastes from businesses; and any other
wastes that Fort Worih has determi�ed are unacceptable.
B. Fort VWarth wilk employ or retain personnel to provide the services necessary to perFc�rm
Fort Worth's obligaiions in this Agreement.
C. Fort Warth will enter into a contract(s) with waste disposallrecycling firm(s) for the
handling, collection, transportation, sfiarage, disposal, treatmeni, recavery, andlar reuse
ofi hausehald hazarcious waste, wl�ich is coll�cted at the ECC.
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D. Fort Warth will, if requested in writing by Participating City, provide Participating City with
copi�s of waste manifests for shipments of wast� from the ECC.
E. Fort Wort� wil1, if req�ested in writing by Participating City, pravide Pariicipating City a
monthiy report af the Participating City's I1QUS�il0IC�5 wh❑ dispased of hausehold
hazardous waste at the Environme�ial Callection Center ar a Mabiie Cvllection �rrent, --
F. F'ort Worth will issue a report and a bil] at the end of each quartar detailing fihe number o#
Participating City`s househalds that disposed of househald hazardous waste at the
Environmental Collection Center or �t a mobile coll�ction eve�t.
G, �art Worth will act under this Agreement in accordance with all applicable state and
tederal faws.
H. Nan-FQrt Worth Mabile Coflection Unit
1. �ort Worth agrees to accept household hazard�us waste from Participating Ci#y's
MCU in accordance with Section 5, af this agreement.
2. Fart Worth agrees to restock the items it removes from Par�icipating City'sMCU,
however, Fort 11Vorth shall only resiock items listed in Exhibit "A", attached and
rncarporated herein as if set forth.
I. � Mobile Collection Events —Usinq Fork Worth's Un9t
1. If Participating City would like to schedule a mobile calfection event with
the Fort Warth Mabile Collection Unit, F'ort Worth will send Participa�ing
City a list af available dates. Participating City will contact Fort Worth as
soon as �aossible to schedule the date, time and lacation agr�eable to
both �arties.
(a} Locatian
if Participating C�ty chaoses to holci the Mnbile Collection Event on
private pro�er�y, Participating City shall abtain a signed waiver
from the awner af the property 1 wee�C priar to the euent. The
waiv�r shal! be in the #orm of Exhib9t B or similar farm approued �y
Fort Worth. The signed waiver must be sent to Fort Warkh 1 week
before th� Mobile Callection Event. If the signed waiver is not sen#
to Fort Worth 1 week before the Mobile Collection Event, Fark
Worth will noi send the �c�rt WartF� Mobile Colfectian �nit ta the
event a�d Participating City wi11, 9n na e�ent, be entitled to any
damages ofi recovery of any costs, except as provided herein.
(b) Ava9fable Dates
Participating City acknowledges that Fa�t War�h contracts with
other municipalities and tha# 1=ort Worth will be accommaciating
each Participating City's request o� a frst c�me f�rst served basis.
Th�refore, Participating City acknow{er�ges that its chasen date ta
schedule a mobi�e collection event may �e reserved by another
C9ty and Participating City will have ta c�oose another date.
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Participating City will, in na event, be �ntitled to any damages or
reco�ery of any costs, except as provided her�in.
2. At the Mobile Collection Event, P�rticipating City acknowledges and agrees that
F'ort Warfh shaN accept househoEd hazardous waste from the first 50 hauseholds
that shaw proaf of residency at the Mobil� Callectian �veni. After the first 50 -
hauseh�lds, Fort Worth will determine in its saf� discretion how mueh mare
waske it can accept and store prop�rly. If more households arrive at the ever�t
than Forf Worth can accept, Participating •City wi11 in no event be entitled to any
damage of r�covsry of any costs, except as provided herein.
3. Due ta k�e lack of storage space at the ECC, Parkicipating City acknowledges
and agrees khat if it requests khe Fort Worth Mobile Collection Unit at a mobile
collection �vent, a Participating City's Non-�art Worth Mabile CoEiection Unit shall
not also be at fhe event.
4. City, in its sois discretion, wilf determine whether to send the Fori Wor�h Mot�ile
Collectian Unit to Participating City's Cvllec#ion Event during advers� weather ar
th� threat af adverse weafher including but not limited to sleet, snow, rairt, mist ar
hail. In the event Fart Worth determines n�t to send fhe Fort Workh Mobile
Callection Unit, �ort Worth shaU notify persons listed in Section 5, Paragraph A
and sfi�all send a Fort Worth empfoyee to the Participating City's event to ie11 any
r�sidents that com� to dispose of housef�old hazardous waste; 1} that the Fort
Worth Mobile Collection Unit will not be coming to the event, and, 2) that the
resident can go to the ECC to dispose of the waste and provide a map to the
ECC.
5.
DUTIES tiF PARTICIPATING CITY
Participating City agrees to perform the faliowing duties in connection with the hausehold
hazardaus waste collectian program:
A. Participating City will designate one af its employees, and another as an alternate, to act
as its household hazardous waste coUectian caordinator to interact with Fc�rt Worth.
Des9gnated person is: �ary ��.i]_ i' ] a�,r� telephone number: �g 7�� �� �_��
Pager number or 24-nour number where he o� she can be reached: r�,��?�3�
Alternate perso� is rhQ,-�,, e,,,a�r ,,, teleph�ne number: {����Z�7_g�77
Pager number or 24-hour number where he or she can be reached:�g7�) �� �_n4b7
B. Participating City wilf coordinate and �und al! program advertising fargeted to ifs own
citizens, as it deems necessary. Such advertising shali include the type of wastes that
wili be accepted at the ECC, the requirement af proof af resid�ncy and weather
cancellatian information.
C�
C. Participating City shall notify its residents of the ECC hours of opera�ian and dates it is
closed as provided in Sec�ion 9"The Envi�nnme�tal CofEection Center Hours of
Operation."
�. Part9cipating City may choos� to utilize a vaucher syst�m for its residents En order far
tnem #o bring HHW to the ECC. If Partici�ating City chooses to use such a system, it -'
shall notify Fort Worth of the decision, and shall pro�ide Fort W�rth with a capy af the
official voucher. In addition, if a citizen from a Participating C9ty that utilizes a �oucher
sysfiem comes to th� ECC or a mobile co�lectior� �vent without a �oucher, Participa#ing
Cify acknowiedg�s and agrees that F'ort Worth will not accept the househoid hazardous
waste until Participating City authorizes th� acceptance in writing.
�. Participating City may submit a written request far a manthly report listing the number of
its city's housef�olds that E�ave disposed of hausehald hazardaus waste at the ECC or a
mobile collection event.
�. Participating City shall provide traffic control and signage far the mobile collection
��ents, and sha11 pravide personnel to assist �ort Wo�th w9th the survey and screening
of persans dropping off househald hazardous waste. The parties prior to the event shail
agree upart the details of the traffic control, signage, and personnel assis#ance.
G. Participatinq C9tv's Mobife Collection Units Collectin� Household Hazardous Waste
1. Pa�icipating City shall acivise the ECC program manager at least 72 haurs in
advance a� its mobile callection events. Participating City shall collect only HHW
during a mobife collection event. Wasfes from commercial, agricultural, and
i�dustrial sources shall no# be accepted. Participating City shall not accept
compress�d flammabEe gas containers; radioactive materials; expEosives or
pat��tially sF�ock sensitive maierials; biological, etiologic, and infecfious
maferials; and any other wastes that �ork Worth has determined are
unacceptable.
2. �n accordance with the iatest DOT requirements, Participating City's MCU
o�erators will properiy categorize, package, mark, fabel, and load into the MCU,
all was#es received at the mobile callection event. Recyclable praducts (used oil,
used ail �Iters, latex paint, reeyclab�e anti-freeze, lead-acid batteri�s, and
fluorescent lignts) will be segregaied inta containers for recyclables.
3. After accepting wastes, Participating C9ty's MCU operators shali thoraughly
check each container #or proper labeling and identificatian. If a container is
- properly identifed, the materiai will be segregated according to hazard class and
prepared far packaging. If a container daes not have adequate labeling to permit
identification, ihe MCU operators shaH then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from informati�n pravided
by the household presenting the waste.
4. The Participating City's MCU operators shall package a�l hazardaus materials in
accordance with United States D�partment af Transpartation (DOT)
requirements, United States Environmental Pratection Agency (EPA}
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requirem�nts, and ail other appfieabl� federal and stat� requirements. After all
the wastes have been properly identified a�d segregated, the MCU operators will
reexam�ne the wastes for compatibility, list them on the cantainer content sheets,
and pack them into drums. ail-based paints and latex paints shall be buiked
separateEy ir� 55-ga{lan dr�m5, or if the painf is left in its con#ainer, the paint can
ba packed in a lir�ed cubic yard bax, and packed and labeled according to federal -�
and state regulations. Participating City shall not transpart wasfe that is not HHW
ta the ECC. Participating Cify agrees to make its own arrangemenis to dispose of
any non-HHW waste collected at the event.
5. Prior to firansporting the HHW from the collection event s9te(s}, Participating City's
MCU operators shall complete a Bill of Lading, and shall ke�p the Bill of Lading
in the cab of tf�e trucK hauling the MCU during transportation af the HHW to t�e
�GC. Parkicipat9ng City snall require that a minimum of one copy of the latest
Narth American Emergency Response Guidebook be kept within the cab of the
truck.
6. During transportatian, Partic�pating City's MCU operators sf�a�l placard fhe MCU
f�r #ranspartation af hazardaus waste in accardance with federal and state law.
T. Upon the return of the MCU ta ihe ECC, Participating City's N[CU operators shall
fallow the insiructions af Fort Worth regarding the placament of the MCU far
unloading. Fort VVc�rth si�ali take possessian of t�e MGU from Participating City
after the MCU has been properly parked for unloading in accordance w�th Fort
Worth's instructions and a!I required documents have bee� delivered ta th� ECC
program manager or his desigr�ee at the ECC. �ort Worth shall, within a
reasonable amount af iime, unload �he HHW from the non-Fort Worth MCU and
stare th� HHW a� the ECC.
8. if Fart Worth, in its sole discreti�n, det�rmines that Par�icipating City's MCU
aperatars imprape�ly packaged any of the HHW defivered to the EGC, Fort Worth
shall repackage such waste, and Participating City shall reimburse Fort Worth as
set forth En Sec#�on � 0., Paragraph B.
9. if a spil! vccurs at the EGC while the MCU is stil! in Participating Ci#y's
}�ossession, Fort 1North shall take control of the spill response and Participating
City will reimburse Fart Worth for 9ts response costs as s�t forth in Section 10.,
Paragraph C.
- 6.
USE OF WASTE D1SP�SALIRECYC�ING F1RMS FOR HOUSEMOLD HAZARD�LJS WASTE
A. Fort Worth will enter intfl a confract�s) with was�e dispasal/recycling firm�s) far the
handling, coliection, tra�sportation, storage, disposal, treatm�nt, recavery, andlar reuse
of household h�zardaus waste, which is coll�cted at the ECC.
B. Such firm(s) shall be requlred pursuant to th� cor�tract{s) to assume generator s#atus far
the was#e collected, (excluding used oil, lead-acid batteries and antifr�eze} to choase a
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disposal site for the waste subject ta �ort Workh's approval, and to indemnify Fort Worth
and participating cities against any an� all en�iranmental damages and the violation of
any and al1 environmentaf requirements resulting from the handling, collection,
transportation, storage, disposal, treatment, recovery, andlar recycling of waste callec#ed
pursuant to this agreement, when said er��ironmenta! damages or the viofation of said
enviranmental �equirements was the result ofi any act or omission of eontractor, 9ts -�
officers, agents, employees, flr subcantrac�ors, or tf�e joint act ar omission of contractor,
its officers, ager�ts, employees, or subcontractors and any other person ar en#ity.
C. 'TH� �A�7'l�S �.E�OCIVI�� ib�T ALiHOU(�N ibF �I�NY (S) '�VI�� �� Ft�(�lUIRI��
�'O ASSUME G�N�l�AiOR SiAYUS, iHIS �ASSUIV��iION INILL N07 R�LI�V�
�ARiICfPA�ING CITY OF LI��I�IY1( �OR iki� WASi� UND�� �����4� �,4V9d
A�ID S�A�� �►W, Fort Worth will arrange for recycling vendors for used oil, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-tim� Fort Worth will make available ta residents and businesses of Fark
Warth, as well as, Pa�iicipafiing City a�d residents and businesses af Participating City
for their use, ca�lected househoEd hazardous waste mat�rials that are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Warth shall nat charge for any
materials ti�at are picked up for reuse.
B. Some maieriafs made available for reuse may l�ave been consolidated and filtered by
Fort Worth prior to being made avai[able. Used antifreeze will have been conso�idat�d in
� a barrel, filtered, and pH balanced, and new antifireeze may have been add�d to ihe
harrel.
C. In regards to materials accepted by Par�icipat9ng City, F��i WORTb f4�fAK�� iV�
REPi��S�N�'ATIONS, WARFt,�.�4iI�S OR CLJp►RAR]Y[�S ibA%
1. tF�e container cflntents are what the fabel indieates;
2. the cantainer cont�nts are tf�ose origir�ally plac�d into the container by the
manufacturer;
3. the product 9s of the quality intended f�r its use;
4. tha contenfs of the container Mave been stored properly;
5. the instruciions on the container label far use, storage, and first aid are current or
correct;
6. the cantainer is in unimpaired condition;
7. th� product is still appraved for us� (i.e., it has nat been banned or recal�ed}; and
8. the product can be usad without risk to persorts, praperty or the sn�ironm�nt.
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l�U�iH�R�IIOF��, ALL 1N�ARR�fV�'l�S, FXP��55 p,iV� IflAP�I��, AR�
S��CIFICA,��Y D�NI��.
D. Participating City shall cantact the ECC program manager to arrange a pickup time to
obtain materials. Participating City agrees that it shall not return toFort Worth, directly ar ��
indirectly, any materials it obtains from Fort Worih under this paragraph.
E. 1P1 R�CARDS �O MAi�R�ALS �,CC��T�9 �Y P�oRiICI��►iIP1G CIiY,
��►RiIClPA71M(� C{YY DO�S F9���BY WAIV� AL,l� ���4lMS, IfVCLUDIRl�
�'RO�UC�'S L,IA�I�IiY CL�►IIV9S, AN� R��,FAS�S, AlV� bOLDS HARM��SS i��
GI`ilf O� ��Ri WOR�H, AefV� A�� �F I�S O�FICIALS, O��IC��S, �1V�P�OYEES,
A��iV7S, Af�� VQ�UAli��RS, lN �OiH iHE�f� �U��IC Af�D P�11sA�'�
C�►PACITi�S, �R014� APlY API� ALL. L.IA�[LIiY, CLi41iVlS, SUI�S, ���fl�►f�DS,
EXP�MS�S OF LITIGA�[ON, OR CAUS�S O� ACiIOf� V!lHICH {V�AY ARISE �Y
R�ASOP! OF IAIJURY TQ P��SOIVS, �OSS O� PROPERTY, �Aii��►G� TO
P�Of��R�Y, OR LOSS O� US� OF APlY �RO�FRiY , OCCA510iV�D �Y Y1-I�
��►iVSPORT�►71QN, STORAGE, F��4N��ING, US�, Af�D �IS�OSI�� �Y
PARi1C«AiING CITY OF ANY �iATFRIALS ACC�PiED �Y �f�RilGI�ATING CI�1(
UiV��F� i�11S AC���IVfI�Ni FRQii� �'OR� 1fVORTb.
�. 1n regards to materials acce�ted hy residents or businesses of Participaiing Cities,
I���i W�RTb 1VIAK�S fV0 R�PRES�I��/�iI�NS, 1�lA�R�NiIFS OFt CUARAfVT'I�S
�'HAi:
1. the container contents are what the label indicates;
2. the container conte�ts are those originally placed into the contain�r by the
manufacturer;
3. the product is of the qualiiy inter�ded for its use;
4. the contents of tne container have been stored properly;
�, ti�e instructians an the contain�r label for use, storage, and first aid are current or
correct;
6. the canta9ner Es in unirnpaired condition;
7. tne product is still approved for use (i.e., it f�as not been banned ar recalled); and
8. the product can t�e used without risk to persons, property ar the environment.
�URih1�F�Ih��RE, A�� IdNARRAPl�IGS, EX���SS At�D IIV���I��, �.R�
SP�C1FlC�LLY ��N1�9.
G. Participating Ciiy shall atiempt to inform its residents and businesses that if they go to
the Env9ronmental Coilectian Center ta picic up household hazardous waste for r�use, a
release af liability must be signed io acc�pt the househald hazardous waste for reuse.
10
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the
ECC from Participating City's rasident and tfl eject such individual from the premises of the
ECC, if in the reasona�le judgment af Fort Warih:
A. The waste is not household hazardous waste;
8. The waste faiis to meet other established criteria established by this Agreemenfi, or that
have been established by Fort Warth subsequenfi to the execution of the Agr��m�nt;
C. The individual does nat have sufficier�t identification to establish that helshe is in fiact a
resident af Participating City;
D. Partici�ating City has implemented a voucher system for its residenfs ta dis��se of
waste, and the individual does not have a valid vaucher; or
E. The waste or t�e individual Presents a hazard ta the ECC or ta persons or property af
the ECC.
9.
ENVIRONMENTAL COLLECTION C�NTER HOURS AND DAYS
OF OPERATION
A. Hours of Operafiian
During the term of the agreement, the ECC's haurs of operation are as follows:
Thursday and Friday 11 :DO a.m. -7:00 p.m.
5aturday 9:04 a.m. -3:00 p.m.
B. Days the Environmental Collecfian Center will be closed
During the term of the agreement, tf�e ECC will be closed on the following days:
Thanksgiving Holiday, November 22 -23, 20�01
Christmas Haliday, December 24- 25, 2001
Decer��er 30, 2001 through January 1 T, 2002, far cleanup and repairs
M.L.K. �ay January 21, 2002
Memorial Day, May 27, 20Q2
fndependence Day, Jufy 4, 2002
Labar Day, September 2, 2002
C. Notifying Residents
Participating City agrees to notify its residents af the ECC's haurs of operatifln and dates it will
be clos�d. Participating City may advertise the 24-hour Enviranmental Collection Center
9�
�
t�lepE�r�ne number to give its residents the Environmental Collection Center's hours. The
number is: (817} 8i1-5257.
10.
COMPENSATION
As €air campensatian far the services provided by Fart Warth pursuan# to tlis agre�ment:
A. Participating City agrees to pay Fort Worth the sum of $BO.OU per househald per �is'rt ta
the ECC or per Y�ousehold for participation in a Mobile Collec#ion Event to dispase af
household hazardous waste.
B. !f Fort Worth determines that Participating City's MCU operators improperly packaged
any of the HHW delivered to the ECC, Fort Worth shalf repackage such waste, and
Participating Ciiy shall reimburse Fort Worth far it s�aff time at $20.00 an nour and tl�e
cost af supplies.
C. l� a spill occurs at the ECC whiie th� Non- Fart Wt�rth MCU is still in Participating City's
possessian, Fort tNarth shall ta�Ce contr�! of the spili response and Participating City will
reimburse Fort Worth for its response costs of $6L}.Q4 per ha�r staff time and the cost oi
supplies.
D. The amount clue to Fari Worth for services �rovided under this Seckion, Paragraphs A,
B, and C, shall be billed to Participating City qu�rterly. Participating City sha�l pay Fort
Worth within 30 days of receiving a bil! from �ort Worth. If Fort Worth does not receive
paymer�t within 30 days, Fart Wor�h shail inform Par�icipating City in writing tha# it will not
accept any hausehoid hazardaus waste from Participating City's residents and that �ort
Wor#h will not participat� in a m�bile collection event or }�ravide a mabile collection unit
u�fi! paid.
�. At the er�d af the term af this Agreem�nt, �'ort Worth shali prov�de a final accaunting ta
Participaiing City, whicF� will include the total n�mber of Participating Gity's househalds
which parkicipated in the program, repackaging fe�s, if any, and the tota! cost of sPill
response �harged� to Participating City, if any.
F. Pursuant to the r�quirements of Go�ernment Code §79
Fort wortn under Subparagraph D, abave shall be
available to Participatir�g City in the present fiscal year.
1.011 (a)(3), the amount due ta
}�aid �rom revenues currently
12
11. �
ARTWORK, "CAPTAIN CRUD AND TH� CRUDD{ES," AN� PR�MOTLONAL MATERIALS
LIC�NSE AGREEMENT
Fort Worth is fhe owner of "Capfain Crud"' and the Cruddies ("�laom�r," "�fiiQ," "�estie,
"Scrub," and "Van Goo"} '"Canquer Yaur Crud," and "Crud Cruiser", and therefore aCl -�
ownership rights �elong to I�o�t Worfih. Fort Warth has reg9st�red these marks as service marks
with the Secretary of State.
A. Fort Wc�rth hereby grants to Participating C9ty a non-transferable, non-exclusive license
ta use al1 �he artwork and promof�onal materials that may be pra�ided by Fort Worth to
be used solely in the canduct of the business of Parkicipating C'tty's disposal ar�d
recyC�ing of hausehald hazardous waste pragrams. If Participating City wisl�es to use to
Licensed Art andlor Promatianal Ma#eriaEs in aiher limited situations, participating City
must first obtair� express written conser�t from Fark Worth.
B. Fort Worth may provide licensed Arfwvrk and Promotional Materials to Parficipa#ing City
pursuant to the terms of this Agreement. Participatin� City acknawledges tnat by virtue
of this License, Participating Ciiy acquires or�ly the right ta use the orig�nal and permitted
dupliea�e copies of the Licensed Artwork and Promotional Materials and does not
acquire any rights of ownership in the l.icensed Artwork and Promntional Mat�rials,
which rights shall remain exclusively wi#h Fort Wortn. If Participating City wa�ts to madify
or change the artwork ar�dlar promotional materials in any manner, Participating City
hereby agrees to contact Fort Worth in writing ta obtain written consent before modifying
ar changing any artwork andlor promotionaf materials. �
C. If Participating Cit� desires an actor to portray "Captain Crud" for an event, Participating
City shall use actors ap�roved by Fart Worth to partray "Captain Grud" since "Captain
Crud" is owned by Fort Wo�iF�. Participatir�g City shall be solely responsible far
compensating actor for the serv9ces provided to Participating City. Participating City wili
contact �or� Worth as saon as possible with the date and time c�f #he event agreeable to
bflth partiss to abtain approval far tfi�e cf�osen actor and ta request and pickup the
"Captain Crud" cvstume far ifs events. Fort Wortt� will provide the "Captain Crud"
castume. However, Participating City agrees to be liable to Fort V'Vorth for any damage to
#he cos�ume or if Participating City fails ta return the entire castume to Fort Worth or if
the cosium� is not returned in the same cflnditian as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the
participating cities waives, nor shall be hereby deemed to wai�e, any immunity ar defense thaf
would atherwise be available td it against claims arising ir� �he exercise of governmental powers
and functions, and that ihe services described in this Agreemen# are a governmental function.
13
13.
FORCE MA�JEURE
A delay or failure afi Fort Worth to pertarm services pursuant to this Agreement shall be excused
to the extent that the delay c�r failure to parform resuited from a force majeure event, and the
delay ar failure was beyon� the controE of Fort Worih and not due ta its fault or negl9gence. -�
Part�cipating City shall not have, and hereby waive�, any claim whatever for any damages
resulting from delays or faiiur� to perform caused by a force majeure event.
14.
TERMINATION
The parties shall each have the right to terminate the Agreemer�t for any reason, with or without
cause, upon thirky (30} days written no#ice ta the other party. Upon terminatian, the parties shall
be released from all contractual obl9gations to the ather party exciuding "US� OF WASTE
D15POSALIRECYCLING �'IRMS FOR HOUSEHOL� HAZARDOUS WASTE" {Paragraph 6)
"REUSE OF COLLECTED MATERIALS" (Paragraph 7} and "ARTVIIORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT'
(Paragraph 11).
15.
NOTIC�
Any natices required to be given under ihis Agreement sha11 be delivered as follows:
If to Fort Warth:
Brian Baerner, CHMM, Direcfar
Department of Envirvnmen#al Management
City of Fort Worth
100a Throckmor�on
Fort Worth, Texas 78102
{f t� Partici�atinc� City:
Gary Gilliland. Wa��Qt�a7 i+�y Man���
Environmental Services Departmanr_
Ci,ty of Grand Prairie
P.O. Bo� 534045
�rand Prairie, TX 75053-4045
1$.
ENT�RETY
This Agreement conta�ns a11 commitments and Agreements of the parties hereto, and no other
oral or written commitments shall have any forc� or effect if not contained herein, except that
this Agreement can be amended or madifed by the parties if such amendment or modificatian is
in writing and signed by Participating Ciiy and Fort Warth.
'{ 4
17.
SEVERABILITY
In the event anyane or more of the provisions ca�tained in th9s Agr��ment shall for any reason
be held to be invalid, illegal, or un�nfarceable in any «spect, such invalidity, illegalaty, or -
unenforeeability shalf not a'ffect ar�y other �ro�isian thereof and this Agreement shaEl be
construed as if such in�ali�, iilegal, or uner�forceable �ravisions had never been contained
herein.
18.
VENUE
Should any action, real or asserted, at law ar in equity, arise out af the terms and conditions of
th9s Agreemeni, venue �or said actian sl�all �e in Tarrant County, Texas.
19.
AUTHORITY
This Agreernent is made for Fort Worth and Participating City as an lnterlocal Agreement,
pursuant io Texas Government Cade, Chapter 791.
�a.
AUTHORIZATION
The und�rsigned officers andlor agents of the parties hereto are praperly authorized officials
and have the necessary authority to execute this Ag�eement on �ehalf af the parkies h�re�fl, and
each party hereby certifies t� the other that any necessary resolutions extending such authority
have been duly passed and are now in full farce and effect.
15
r
EXECUTED IN TRIPLICATE
CITY 0� FORT WORTH
�y. }� /f
� ,�
Lib�y Vllatsan .
Assistant City Mana er
Date: /d�I �� �
f:TTY nF rRANTI PRA7RTF.
By:
_— =y
Printed me; Tom Ha.rt
Tltle: Citv Mana�'er
Dafe:
A�EST: ,
, �
� ��.�1.�'� -
loria Pe on
City Secr tary
�� �����
Contract authorizaiian
��� ���/
Date
APPROVED AS T� F�RM
AND LEGAI.ITY:
- _ �. _ �
t -
:�
* City�. Att rney
ATTEST:
City Secretary
�6 ������Q� �����4�T�
� ��� ����� �'
� � �, �,.��M �_
�
APPROVED AS TO FORM
AND LEGALITY:
Ex�ibit "A"
R�S1���KIN� LISi �OR ih�� ���iL� CO�����I�N Uh��i
Ilfla�erial Amount Resfioc�ed � Special Pleeds
55 gallan o�aen top Amaunt #aken aff the
dr�ms (open top for trailer
loose packs)
55 gallon drums Amount taken off the
(closed top} (ail, trailer
antifreeze, bulk
flammable materials
and ane extra)
Fiber drums {55 or 30
gallon) Aerosofs, Amount taken off the
acids, bases ar�d trailer
oxidizers)
Gaylord box line�-s
(plastic) Amount taken off the
traifer
55 gallon drum liners
Amount taken flff the
trailer
5 galfon buckets
(�lterslhaz chemicals) Amount taken off the
trailer �
Survey Forms
Amount taken aff the
trailer
L.abe�sldrum placard
Amount taken ofF the
trailer
Gaylord b�xes
Amount falcen off the
traiier .
Absorben� pads
Amount taken off the
trailer
V�rmiculite
Amount taken off the
trailer
Oif dry
Amaunt taken off the
trailer
Promotiana! Materia�s
& Brochures Amount nesded
�emar�s �
�7
Exhibit "B"
WAIVER AND RELEASE OF LIABlL1TY FOR C4LLECTiON OF HOUSEHOL.D
HAZAR�OUS WASTE
I being the owner af proper#y located at
F�ave been asked by the City of to a[law a mobile collectian
e�e�t on my prap�rty ta collect househo{d hazardous waste on the , 2001.
In consideration af , I hereby give my permission to tne City of
to ho[d a household hazardous waste collectian event on my
property in which #h� Ci#y of has as4ced th$ CEty of �or� Worth
t� send its mobile collection unit to collect the househald hazardous waste that is brought to the
event.
Therefore, in consideration of ,, I hereby RELEASE,
DISCHARGE, HO�D HARMLESS, IND�MNIFY the City af Fart Worth or its officers, agents,
and emplayees and the City of and its officers, agents,
andlor employees far any and.all claims, demands, liabi[ity, causes of action, actions or suits af
any character that I may have against the City af �o� Worth ar its DfftC2�'S, agenis, and/ar
employees and the City of or its offi�ers, agenis, andlar
employees for any property loss or damage, for any an� all �ersonal injury including dea#h flr
any other damage of any kind or charact�r which may arises or that arises fram allawing the
City of to hold a househaid t�azardous waste callection event, in
which the City af Fart Warth sends its mobife collectian unit Qn my proper�y.
I have read this Waiver and Release and fully understand its terms and conditions. I have not
been influ�nced in any extent whatsoever by any representation or sfatements no# contained in
this Agreement. I hereby acknowl�dge that tf�is Waiver and Refease is given ln consideratian of
Signature
Witness
Dat�
m
18
C'i�y af �orf �o�th9 T'e�erxs
1����r �nd ������:�
�o�n�n����t���
�AT� REF�R�NC� NUMB�R LCSt� KlAME PAGE �
�Q�g/Q� **�w����7 52C�LLEGTION 9 of2
sua,t�cr ApPROVAL O� II�TERL�C L AGREEMENTS WITH VARfOUS �IIlfM1CIPALITlES FOR
THEIR PARTICIPATION AT THE ENVlRONMENTAL C�LI�ECTION CENTEf�
RECQMMENDATI�N: '
lt is recorrtimended that t�e City Council aut�orize the City Manager to execute Interlacal Agreements
with various municipalitieslentities for t�eir participaiian at the Envir�nmental Collection Cer�ter.
DISCUSSIO�I: -
The City's Environmental Calf�ction Center is now in its fifth year of operatian coll�cting household
hazardaus wasie from t�e citizens af Fort Vltarth and surraunding communities on a year-raund �asis.
In arder far non-Fort Worth citizens ta participate at the center, each municipaliiy is requir�d ta enter
into an Interlocal Agreem�nt wit� th� Ci�y af Fort Worth.
Last year, 23 area communities signed par�icipation agr�ements witY� the City. For t�e upcoming year,
we expect that r�um�er to rise ta 24 communities. The rate �er house�old far fhe period cover�d b�/
t�es� agreements (October 9, 20D4 , thro�gh Septembe� 30, 20D2} is $60. !t is anticipated thai
approximat�ly $30tJ,OpQ will be callected under these agraements.
This agreement outlines the responsibilities of each party, establishes #he rate for participation, and
delineates the use af service-marked pu�lic educ�tion materiaL Tt�� City is responsiiale far the overa�l
operatiar� of the center, includin� �ontra�ting with a haza�daus waste disposal cQm�aany for
trar�sporta#ian and dispasal of materials colf�cted.
The following entities have expressed an 'rnterest or have already committed ta partici�a#ion €ar the
period �ctaber 'I , 2Q01, through 5eptember 30, 2d02:
Arlington*
Benbroo�C
Ev�rman*
Grap�vine
Keller
Richlar�d Hills*
Stephenvilla
Unincarparated Tarrant Cout�ty
Azle
Burleson
Euless
Haltam City
N�wark
River Oa�Cs
Sottthlake
Venus
B�dford
Colleyvilie
Grand Prairie-
Hurst � ,
Norti� Rici�land Hills
Saginaw
Upper Trinity Regiona� Wa#er
Waiauga
*These municipafities are expecied to pariicipate, but ha�►� n�t yet r�turned ti�eir appro�r�d agreemerits.
DAT�
101910'I
Sl1BJ�Ci
C`aty of �'orRt T�ilo�h, �'exas
���� � ��.� � o�r�c � 1
C���n���t.�o�
R�FERENCE NIJMBER � LUG ?VbfVIE �� NAv� ��
**�d� �7�'� 52COL.L.ECTION_ � 2 of 2
APPROVAL OF INTERLOC L AGF��M�N 15 vtill�l H VAKIUUS MUNICIPALITIES FOR
THE�R PARTICIPATION AT THE ENVIRONMENTAL CO�LECTION CENTER
FISCAL INFORMATIONICERTIFICATION:
The Finance Direckor certifies that ihe Er�vironmental Management Departmer�t will be responsible for
the col[ection and de�os9t of funds due to the City u�nder these agreements.
LW:tt
Submitted for City Manager's
Oftice by:
tibby Watsfln 5183 �
Originatfng Department Head:
FiJIVA � ACCOUNT �
(to}
Rtio3 48822a
CENSER � AMOUNT
0521100
CITY S�CRETAR�I
Brian Boerner 8079 (from} � APPROVED 10109/0i
�`iiy of �ort T�o�th, T"exas
l���o� �n� C����� �l
�o��r�������n
�ATE R�FERENC� NUIIA6ER LULU NAM� PAGE ��
'i OI9101 *'�C�1 �777 �2COLLECTION 3 of 2
SUBJECT APPROVAL OF INTERL,OC L AGRE�MEN i 5 WjTH VARIUUS MU��CfPALITIES FOR
THEIR PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
Additional Information Cantact: � ^
�rian Boerner . 8079 l _ _ ---- - _ ..}. --