HomeMy WebLinkAboutContract 27147,1
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CITY S�C��iARY � � , �
�ONi�ACi f� . _ -_ . _! . � -
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
�NVIRONMENTAL CQLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
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THIS AGREEMENT is entered into by and beiween the City of Fnrt Worth, Texas, a hame-rule
municipal corporafion sitUat�d in Tarrant and Dentan Counties, Texas, hareinafter called "Fort
Worth," acting �ere'n by and thrt�ugh Libby Watson, its duly authorized Assistant City -�
Manager, and �r ,� ,�7 +�� �+� a municipality situated in _,�, f� � a � I/. ,
Texas, hereinafter calfed "Participating City," acting herein by and t�rough �e� },'x ��„ �
its duly. authflrized � ,� .
WITNESSETH
WHEREAS, Texas Government Code, Chapter 79�, authorizes the farm�lation of interloca!
coapera#ion agreements beiween and among local governments; and
WHEREAS, Texas Governmenk Cacle, §791.011 provides that a lacal government may cor�tract
with anoth�r to perform gov�rn�n�ntal functions and services, and §791.Q03(3}{H) defines waste
disposal as a governmenfal f�nction and service; and
WHEREAS, Texas Government Code, §791.025 pravides that a local government may agree
with anather local government to purchase services; and
WHEREAS, Fort Warth ar�d Participating City desire ta enter into an interiocal agreemenf
whereby Fort Wo�th will purchase the services of a waste disposallrecycling firm or firms and
will administer a hausehold hazardaus waste collection program; and
WHER�AS, �ort Warth and Participating City mUtually desire to b� subj�c# t� the pro�isions of
Texas Government Code, Chapter 791, also known as the Interlocal Cooperatian Act.
NOW THEREFORE, it is agreed as fo[lows:
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DEFINITIONS
A. Unless a provisian in this Agreement explicitiy states otherwtse, the fa[larrving terms and
phrases, as used in this Agreement, shall have t�e meanings hereinafter designated.
Act of God means an act occasioned by the di�ect, immediate, and exclusiv� aperation
af the forces of nature, uncontrolled or uninfluenced by the pawer of humar�s and withoui
human intervention.
• Bill of Ladin� lists the cantents of the mabile calfection u�it.
En�Eronmental Gollectlan Center (ECCI means the City af Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas,
which is ta �e used by Fort Worth for the aggregatian of hausehold hazardaus wasfes
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�� u u� ��`�; ��a��
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that have been brough� to the #acility by participating cities' households for subsequent
recycling, d�sposal, andlor reuse.
Environmentai damages means a[I ciaims, judgments, damages, losses, penalties, �ines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of
invesiigation and defense of any c[aim, whether or nat sucE� claim is uEt�mately defeated, •�
and of any good faith settlement or �udgm�nt, af whatever kind or nature, contingent or
otherwise, matured or unmatu�ed, fnreseeable ar unforeseeable, including without
limitation reasonabl� attarney's fees and disbursements and cansultar�t's fees, any of
which are incurred s�absequent to the execution of this Agr�ement as a res�alt of the
handlir�g, calle�tion, transportation, starage, dispasal, treatment, recovery, andlor reuse
of waste pursuant to this Agreement, or tt�e exisience of a vialation of environmental
requirements pe�tain�ng to same, and including without limitation:
�a) Damages �or personal injury and death, o� injury ta properfy or natural resaurces;
(b) Fees incurred for the services of attorneys, consultants, contractors, exp�rts,
laboratories and all other costs incurred in conneciion with tt�e investigation or
remediation of such wastes ar violatior� of er�vironmentaf requirements including,
bu� nat limited �to, th� preparation of any feasibility studies ar reports ar the
performance of any cleanup, remediation, removal, response, abatement,
conta9nment, closure, restoration or monitoring wark required by any federal,
state ar local go��rnmental agency or poCiticaf subdivision, or otherwise
expended in cor�nection with the existence af such wastes or viafations of
environmental requirements, and 9ncluding without limitation any attarney's fees,
casts and expenses incurred ir� enforcing this Agreement or collecting ar�y sums
due hereund�r; and
{c) Liabil9ty ta any �hird person ar governmental agency to indemnify sucf� person or
ager�cy for costs expended in cflnnection wiih the items referenced in
subparagraph (b} h�rein.
Environmental reauirements means al1 applicahfe present and future statutes,
regulatians, rules, ordinances, cades, licenses, permits, orders, ap�rova�s, plans,
autharizations, cancessions, franchises, and similar ifems, of afl governmental ag�ncies,
departments, commissions, bflards, bureaus, or i�strumentalities of the United States,
states, and palitica! subdivisions fhereaf and a[I applicabie judicial, administrati�e, and
reguiatary decrees, judgma�ts, and arders refating to �he pratection of human h�alth �r
the environmen#, including without limitaiion:
(a) AEI requirements, incl�tding but not �imited to those pertaining ta reporting,
licensir�g, permitting, investigation, and remediation of �missions, d�scharges,
rel�ases, or threatened releases of hazardous materials, pollutants,
contaminants, or hazardous ar toxic substances, materia[s, or wastes whether
solid, liquid, or gaseous in nature, in#o the air, surtace water, �raundwater, storm
water, or land, or refaiing to the manufacture, processing, distribution, use,
treatment, storage, disposaf, transport, or handfing of pollutants, contaminants, or
hazardous or tax9c substances, materials, or wastes, whether s�1id, liquid, or
gaseous in nature; anci
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(b} All requirements pertaining to the protectian of the health and safety of
empfoy�es ar the publ9c.
Farce maieure means decrees of or restraints by a gavernmental instrumentality, acts of
God, work stappages due to labor disputes or strikes, #ailure of Fort Worth's -�
contractor{s) to perform pursuant ta their agreements with Farf Worih far the coriduct of
the collection of household nazardous waste, fires, explosions, epidemics, riots, war,
rebelNon, and sabatage.
Househo{d hazardous waste (HHWI means any solid wasfe generated ir� a household by
a consumer which, except far the exclusio� provided for in 40 CFR § 281.4{b)(1), would
be classified as a hazardou5 waste under �40 CFR Part 261.
Manifest means the unifarm hazardous waste mar�ifest form{s} furnished by the TNRCC
to accampany shipments of municipal hazardous waste or Cfass 1 ir�dustrial soiid waste
for was#e transported to a site in Texas, c�r the camparable manifest of the recei�ing
state if the waste is transported out of Texas.
Mobile collection event means a ho�sehold hazardous waste ca{lection event by
ParticEpating City utilizing a mobile ca{lection un9t.
Fork Worth Mobile callection unit {MCUI means a nan-self-propefled vehicie used for the
periodic coflection af household hazardaus waste by Pa�ticipating City, off-s9te of the
ECC, which is transported to the ECC to dispose of the househald hazardous waste
colfected at the mabile collection evsnt. The For� Worth Mobile Ca�lectian lJnit is
designed �o hoid the hazardaus waste of approximately 50 to 75 households.
Participa#in� Cities, w�er� used in the plural, means Fort Worth, Participating City, and all
other er�t�ties w�ich ha�e entered into interlocal agreements with Fort Wo�th f�r the ECC
household hazardous waste coliection program.
Person means an individual, corporatian, organization, government, or governmental
subdi�isior� or agency, business trust, �artnership, associatian, ar any other I��al enti�y.
Waste nas the same meaning as "salid waste" as that term is defined in Texas Health
and Safety Code §361.003, and including hazardous substances.
B. Unless a pravisio� in ti�is Agreement explic9tly states fltherwise, the foilowing
abbreviations, as used in this Agresment, s�all ha�e the meanings hereinafter
designated.
CERCLA - Comprehensiv� Environmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary res�sc9ta#ian.
DOT - United 5tates Departrnent of Transpartatian.
ECC - Environmental Collection Center.
EPA - United States Environmental Protection Agency.
HAZCAT - hazardous categarization.
HAZWOPER - hazardous waste operations and emergency response. -•
HM - hazardous maferials.
HHW - household hazardaus waste.
MCU - Mabile Collectiop lJnit.
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the pravisian of serrrices by
For� Worth ta Participaiing City whereby, subjec� ta the terms and cond9tions speci�ed below,
Fort Worth will aclminister and superv�se a regional household hazardous waste collection
program, which wi11 be avaifable to households within Parkicipaiing City.
3.
TERM
This Agre�ment shalf �e effective from the date the last party has signed this agreement
t�rough September 30, 2002.
4.
SERVICES OF FORT WORTH
Fo�t Worth agrees to perform the fallawing services for Par�icipating City in connection with th�
ECC househald hazardous waste coilection program:
A. Fart Worth wilf administer a regional household hazardous wasie collection program.
This program will include the operatio� of the Environmental Cailecfiion Cente�, which
will accept for disposal andlor recyciing hausehofd hazardc�us waste from househalds
located within Participatirig City. Far� War�h shaH not accept campressed flammable gas
co�tainers; radioactive materiaEs; @XpI05iVE5 or potentially shock sensitive materials;
biological, etiologic, and infeetious materiais; wastes from businesses; and any other
wastes tY�at Fort Worth has determined are unacceptable.
B. Fort Wa�fh will em�loy ar fetain personnei to �rovide the services necessary ta perf�rm
Fort Worth's o�ligations in this Agreement.
C. Fort Worth wiif enter into a contract(s) wifh waste disposal/recycling firm(s) far the
handling, coHectian, trans�ortation, storage, disposal, treatment, recovery, andlor reuse
af hous�hold �azardous waste, which is colleeted at the ECC.
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D, �'ort Worth wil1, if requested in writing by Participating City, pravide Participating City with
copies of waste manifests far shipments af waste from the ECC.
E. Fart Worth wi11, if requested in writing by Participati�g City, pra�ide Participating City a
mo�thly r�port of the Participating City's h�useholds who disposed vf hausehafcf
hazardous waste at the En�rironmental Ca}{ectic►n Center ar a Mobile Collectian Event. -�
F. Fori Worth will issue a report and a bill at the end of each quarker detailing the number af
Participating City's households that dispos�d of household hazard�us waste at #he
Environmenta! Co1lection Center or at a mabile c�llectior� event.
G. Fark Workh wiil act under this Agr�ement i� accordance with all applicable state and
federal laws.
H. Nan-�ort Worth Mobile Callection Uhit
1. Fort Worth agr�es to accept household hazardous waste from Pariicipating Ciiy's
IIIICU in accordance wifh Sectian 5, af this agreement.
2. �or� Vllorth agrees t� restock the items Et removes firam Partici�ating City'sMCU,
hawever, Fort Warth shalk oniy restock items listed i� Exhibit "A", attacheci and
incorporated herein as if set farth.
I. ' Mobi{e Coliection Events —Usinp Fort Worth's Unit
If Participating Ci�y would like ta scF�edu1� a mobile collectian event with
the Fart Warth Mobife Collection Un�t, Fart Worth wili send Participating
City a fist of a�ailabie dates. Participating City wifl contact Fort Worth as
soon as possible to sch�dule the date, time ar�d locafion agreeable to
both parties.
(a} Location
If Participating Ci#y chooses ta hofd ihe Mobile Collection Event on
private praperty, Participating City shall obtain a signed waiver
from the owrner of the property 1 week prior tr� the event. The
waiver shall be ln the fiorm of Exhibi� B ar similar form appro�ed by
Fort Worth. The signed waiver must be sent ia Fort Wort� 1 week
b�fore the Mobife Colleciion Event. If t1�e signed waiver is riot sent
to Fort Worth 1 week befiore the Mobile Collect�on Event, �art
Worth will nat send the Fort Worth Mo�ile Coflection Unit to the
event and Participating C�ty wil{, in no event, be entitled to any
damages of recovery of any costs, except as provided herein.
{�} Availabfe Dates
Partjcipating Cify acknawied�es that Fort Worth contracts with
atl�er municipalities and that Fort Worth will be accommodating
each Participati�g Ci#y's request on a first come first served basis.
Therefare, Participating Gity acicnowledges that its chosen daie to
schedule a mobile �oilection event may be res�rved by anather
City and Participating City wiil have to choose another date.
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Participat9ng City wifl, in no event, be entitled to any �amages or
recavery ��' any costs, except as provided i��rein.
2. At the Mabile Collectian Event, Participating City acknowfedges and agrees tha�
Fort V�larth shail accep# household hazardaus waste from the first 50 househalds
that show proaf of residency at the Mobile Ca�lectior� Event. After the #irst 50 -•
househol�s, Far� Worth wili determin� in its sole discretion horry much more
waste it car� accept and store praperly. lf mare househalds arr�ve at the even�
than Fart Worth can accept, Participating C9ty w9ll in no event be entitled to any
damage of recovery ofi any costs, excep# as provided herein.
3, Due to the lac�C ofi starage space at the ECC, Participating City acknowfedges
and agrees that if it requests the �'ort Worth Mab�le Collection Unit at a mobile
caliectian event, a Participating City's Nor�-Fort Warth Mobile Collection llnit shall
not also be at th� event.
4. City, in its sole discrefion, wi11 det�rmine wheiher to send the Fork Worth Mabile
Collection Unit to Participating City's Callectian Event during adverse weather or
the #hreat af adyerse weather including but nat limiteci to sleet, snow, rain, m�st or
hail. In the event Fort Warth determines not to send tf�e F'ort Worth Mobile
Cof{ectian Unit, For# Worth sha11 notify persor�s listed in Section 5, Paragraph A
and shall send a Fort Wc�rth employee to the Participatir�g City's event to teil any
residents t1�at come ia dispose of hvusehold hazardous waste; 1) thai the Fort
Worth M��ile Collection Unit will not be caming to the event, and, 2) that the
resident can ga to the ECC to dispose of tF�e waste and provide a map to the
ECC.
5.
DUTIES OF PARTfCIPATING CfTY
Participating City agrees to pertorm the fa�lowing duties in canneciian with the househofc#
hazardous waste collection program:
A. Pa�ticipating City will designate one af its emQloyees, and anoiher as an alfiemate, ta act
as its hausehold hazardous waste coflection covrdinator to interact wiih Fart Worth.
Designated persnn is: �'f� � �. telephone number: d l7—��' �_ y� � c�
Pager number or 24-hour numb r where he ar shs can be reach�d: �
Alternate �ersan is tel�phone number:�� �i2"%c�
Pager number or 24-hour umber w ere he or she can be reach�ci: ��
B. Part9cipating City will coardinate and fund a!l program ac�vertising targeted to its own
citizens, as it �eems necessary. Such advertising shall include the type of wastes ihat
will be acce�ted at th� ECC, the requirement of proof af residency and weather
cancella#iori infarmation.
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C. Participatir�g City sha[I notiiy its residents af the ECC hours of operation and dates it is
closed as pro�ided in Secfion 9"The En�ironmental Cofiection Center Hours af
Operatian."
D. Participating City may choose to utiiize a vo�cher system for its resi�ents in order for
them to bring HHW to the ECC. If Participating City chooses to use such a system, it -�
shall not�fy Fort Worth of the decision, and shall prav9de �ort Worth with a copy of the
official vaucher. ln addition, if a citizen fram a Pariicipating City ihat �tilizes a voucher
system comes to the ECC or a mobile c�llection ev�nt without a�aucher, Participating
C9ty acicnowledges and agrees t�at �o�t Worth wilf nat accept the household hazardous
waste until Participati�g City authorizes the acceptance �n writ�ng.
E. Participating City may submit a written requesk for a monthly repart fisting the number of
its city's househalds that have dispased af household hazardous waste at the ECC or a
mabile collectian event.
�. Participating City shali pro�ide traffic c�ntrol and signage far the mohile collection
events, and shall pravide persar�nel to assist F'ort Worth with the survey and screening
of persans drapping off household hazardous waste. The parties priar to the event shall
agree upon the details of th� traffic control, sig�age, and personnel assistance.
G. Participatinq Citv's Mobile Collection lJnits Collectinc� Household Hazardaus Waste
9. Participating City shall advise kf�e ECC program manager at least 72 hours in
ad�ance of its mobile collection events. Participating City shall collect only HHW
during a mobile colfection ever�t. Wastes from cammercial, agricultural, ar�d
industrial sources shaEl r�ot be accepted. Participating C9ty shall nat accept
compressed flammable gas contair�ers; radiaactive materials; explosives or
potentially shack sensitive materials; bifllogical, atioingic, and infectious
materiais; and any other wastes that �ort Worth has determined are
unaccepta�le.
2. In accordance with the ia#est DOT requirements, Participating City's MCU
operatars will properly cat�gorize, package, mark, label, and load into the MCU,
all wastes received at #he mobile collection event. Recyclable products {used oil,
used oif filters, latex paint, recyclabfe anti-freeze, lead-acid batteries, and
fluorescent lights} will be segregated i�to containers for recyclables.
3. After accepting wastes, Participating City's MCU operatars shall thoraughjy
check each container �or proper labeling and identification. lf a�onfa�ner is
properly identified, the material will be segregated according to �azard class and
prepared for packaging. 1f a confainer daes not F�ave adequate labeling to permit
identifcation, the MCU ope�ators shall then attempt ta identify the material from
its physical cl�aracteristics using HAZCAT analysis and from information provided
by the household prese�ting the waste.
4. The Participating City's MCU opera#ors shall package al! hazardous ma#erials in
aceordar�ce with Uniied States Departmant of Trans�ortation (DOT)
requ9rements, United States Environmental F'rotection Agency (EPA)
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requirements, and all other applicable fed�ra� and state requirements. After ali
fhe wastes have been properly iden�ified and segregated, the MCIJ operators wilE
reexamine the wastes for campatibility, list them on the cantainer content sheets,
and pack them into drums. Oil-based paints and latex paints shall be bulked
separately in 55-gallon drums, or if the paint is left in its cantain�r, tF�e paint can
be packed in a Eined cubic yard bax, and packed and labeled according to federal -�
and state regulations. Participating City shall not transport waste that is not HHW
to the ECC. Pa�ticipating City agrees to make its own arrangements to d�spose of
any non-HHW waste colEected at the �vent.
5, Priar to transpor�ing the HHW from ihe collectior� event site(s}, Partici�ating City's
MCU operators shall cam�lete a 8ill of l.ading, and shall ke�p the Biil of Lading
in the cab of the truck hauling t�e MCU during transpartation of the HHW to the
ECC. Participat9ng C�ty shall require that a minimum of one copy of the latast
North American Emergency Response Guidebook be ke�t within the cab of the
truck.
6. During transportation, Participating City`s MCU operators sha[I placard th� MCl1
for transpartation of hazardous was#e in accordance with federal and state law.
7. Upon the return of the MCIJ to ihe ECC, Participating City's MCU operators shall
follow the instructions of For� Worth� regarding the pfacement of the MCU for
unloading. Fort Vllarth shalf take possession o� the MCU from Participating City
aft�r the MCIJ has 6een pro�erly parked for unloading in accordance with �ort
Worth's instructions and a1l required dacumen#s have been delivered to the ECC�
program manager �r his design�e at the ECC. Fort Warth shall, within a
reasonable amount of time, unlaad the HH11V ftom the non-Fort Worth MGU and
store tt�e HHW at the ECC.
8. i� Fort Worth, in its sole disc�efion, determir�es that Participating City's MCU
operaiors improperiy pacicaged any of the HHW delivered ta the ECC, Fort 1lVor�h
shall repackage such waste, and Participatir�g City shalf reimburse Fart Worth as
setforth in Section 1�., Paragraph B.
9. If a s�ill occurs at the ECC while the MCU is still in Participating C�ty's
p0582SS1011, Fart Warth shaH take control of fhe spill response and Participating
City wilE reimburse For� Worth for its response costs as set forth in Section 1 Q.,
Paragraph C.
. 6.
USE OF 1NASTE DISPOSAVRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Wo�th will er�ter into a cantract(s) with wasie disposallrecycling firm(s) far the
handling, callection, transpor�ation, starage, dispnsa�, treatment, reco�ery, andlor reuse
of household hazardous waste, which is collected at tE�e ECC.
B. Such #irm(s} shall be requir�d pursuant to the crntract(s} to assume generator status for
the waste collected, (excluding used oii, lead-acid batteries and anti'�reeze) to choose a
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disp�saf site for the waste subject to Fort Worth's appraval, and to indemnify Fort Worth
ar�d participating cities against any and aIl environm�ntal damages and the violation af
any and ail enviranmental requirements resulting from th� handling, coll�ction,
transpartation, storage, dispasaf, treatment, recovery, andlor recycling af wasie collected
pursuant to this agreement, when said environmsntal damages ar the vialation of said
environmental requirements was fhe resul# of any act or omEssion of cantractor, its -�
officers, agents, employees, or subcanfractors, or the joinf act or omission of contractar,
its officers, agents, empEayees, or subcontractors and ar�y other person or entity.
C. iFiE �ARi�ES ��C4�WIZE 7FiAi A�iI�OCI(�H !W� FIRM (Sf �ill�� �F RI�QUI���
�O �4SSUM� G�fV�R�YO� SiATU5, '�Fi1S ASSUMP�I�N 11�1l�L N��' ���I�V�
PARiICI�/�iINC C17Y O�' �[A�ILIYY �OR ibE !lV/�SY� UNDER ����[�oL L�l�!
AND S�a►i� �AW. Fort Wflrth will arrange for recycling vendors for used oil, batteries,
antifreeze, and othe� materials, as it deems apprapriate.
7.
REUSE O� COLLECTED MATER1AtS
A. From time-to-time Fort Warth will make availa�le to residents and businesses af Fort
Worth, as welt as, Participaiing Ci#y and res�dents an� businesses of Participating City
for their use, c�llected hausehold hazardous waste mat�rials that are suitable for reuse,
such as paint, fertif€zer, motor oil, and antifreeze. Fort Worth shali not charge for any
materiafs that are picked up for reuse.
B. Some materials made avaifable for reuse may have been consolidated and filter�d by
Fort Worth pr9or ta being made availa6le. Used antifreeze will have been consalidated in
a barrel, filtered, and pH balanced, and new an�ifreeze may have been added to the
barrel. �
C. In regards to materials accepted by Parkicipating City, �OR`f 111d01�YH I�AK�S NO
R�PR�SE[dTAI IOfVS, WARRAIVTIES OR CUARAN�I�S ibAi:
1. the cor►tainer cont�nis are what the label indicates;
2. the container con�ents are those originally placed into the cor�tainer by tF�e
manufacturer;
3. the product is of the quali�y intend�d for its use;
4. the contents of the container i�ave been stored properly;
5, ti�e instructions an the container 1abe1 for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has nat been banned or recalled); and
8. the product ean be used without risk to persans, property ar the en��ronment.
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�U�i°bF�NYOR�, ALl� WA��ANil�S, �XPR�SS �,RlI] iIVIPLI��, r4��
�P�C1�1CA��.Y D�N1��3.
0. Participating City shall contact the ECC prograrn manager to arrange a pickup time to
obtain materials. Participating City agrees that it shall not return toFart Vlfarth, directly or --
indirectly, any materials it ot�tains firam 1=ort Worth under this paragraph.
E. Ihl �EG�4R�5 i� {V11A��Ft1AL5 El�C�Pi�� �Y f�ARi[Ci��ilhlC Cli�(,
�'�4RfICIPr4ilf�� CITY �O�S HER��Y VilA1V€ A�� CLAllU1S, IN�LU�IN�
PF���UCiS L,I�,�IL,ITY C�I[V15, AN� REL�ASFS, AAID HOLbS b�►RiU�L�SS i�E
C�TY Q� �'ORT WO�ib, �id� A�,L OF li'S O��ICIALS, OF�IC�R�, ��lI��,OY��S,
�oG�NiS, AND VOI�UN`���.RS, IN �OiF9 ik�l� �LJI�LIC /�ND P�tIVAi'�
C�1�ACIifES, �'ROM ARIY AN� �4LL LIA�[�IT1(, CLAIf�iS, SlJliS, ��iViA�li1S,
�X€'�WS�S OF LI�IGATION, OR CAUS�S OF ACTION W�l1CH II�AY ARIS� �Y
R�l�►SON OF lW.lURY Y� P��iSONS, L.OSS �� WRO��RiY, DAflfYAG� i0
PROP�RiY, �R, L05S aF U5� Ok� ANY PROPERTY ,[)CCA�IOiV�A �Y �'H�
TR�MS��RTAiIDP[, Si'Of�AC�, HAfV�LlN�, US�, AMD �iSPQS�L �Y
�AaTiCfPA`ilAlG Ct`�Y �� AAiY f'�AT�RIA,I�S �►CCGPi�� �Y PARftCIPAiIhiC CIiY
UND�� �'i�IS ACR��fl11�1Vi FROfi�9 �ORi 1�lORib.
�. In regards to materiaks accepted by residents or businesses of Participating Cities,
l��Ri lNORTb MAK�S �!� R�PR�5�NiA`TIONS, lNA�R�4P#`�l�S �R CU��PlTI�S
iHA�:
1. ihe cantainer contents are what the fabel indicates;
2. the conta9ner contents are thase a�iginally placed inta the container by ths
manufacturer;
3, the product is of ihe quality intended for its use;
�. th� cnntents of the eontainer have been stored �raperly;
5., the instructions on the container labe! for use, starage, and fi�st aid are current or
carr�ct;
6. the container is in unimpaired condition;
7. the prflduct is st�l! approved for use (i.e., it has r�at been banned or recalled); and
8. the product can be used without risk to persans, praperty ar fhe enviranment.
1�C1��F��R�IIDR�, Al�� 4!1l�R�►W71�S, EX���S� ANiD I�fi�'�1�D, �sFt�
SP��l�i�r4��Y D�MI�D.
G. Participating City shali attempt to inform its residents and businesses that if they go to
the Enviranmentai Co�lection Center to pick uQ household haza�doc�s waste for reuse, a
release of IiabElity mus# be signed to accept tt�e household hazardous waste fflr reuse.
1U
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Wor�� shall have the right fo refuse ta accept waste at the
ECC fram Participating City`s resident and to eject such individual from the premises of the
ECC, if in the reasonahle jucfgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meei other established criteria estabfished by this Agreemenf, or that
have been es#ablished by Fori Warth subsequent to the execution of the Agreement,
C. The individual does not have sufficient identification to establish that helshe is in fact a
resident of Participating City;
D. Participating City has implement�d a voucher sysiem for its resiclents to dispose of
was�e, and the individual daes not have a valid voucher; or
E. The was#e or the indi�iduai presents a hazard to the ECC or to persons or pro�erty at
the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term af the agreement, the ECC`s nours of operation a�e as follows:
Thursday and Friday 'I �:00 a.m. -7:00 p.m.
Saturday 9:fl0 a.m. -3:00 p.m.
B. Days the Er��iranmental Collectior� Center wi{I be clased
During the term of the agreement, the ECC wifl be closed on the �ollowing days:
Thanksgiving Holiday, November 22 �23, 2001
Christmas Holiday, December 24- 25, 2001
December 3Q, 20D1 through January 11, 2402, for cleanup and repairs
M.L.K. Day January 21, 2002
Memorial Day, May 27, 2002
Independence Day, July 4, 2002
Labar Day, September 2, 2002
C. Notifiying Residents
Participating City agrees to notify its residents of the ECCs hours of operation and dates it wilf
be closed, Participating City may ad�erkise the 24-hour E��ironmental Co[lection Center
11
telephane number to giv� its residen#s the E�viro�mental Collection Genter's hflurs. The
number is: (817) 871-5257.
10.
COMPENSATION
As fair compensation for the serv�ces provided �y Fort Worth pursuant ta t�is agreement:
A. Participating City agrees to pay Fort Warth the sum af $60.00 per hausehald per visit ta
tha ECC or per hausehold for participation in a Mohile Collection Event to dispose of
household hazardous waste.
B. If Fort Wor�f� determines that Particlpating City's MCU operatars impraperly packaged
any of the HHW deEivered to tf�e ECC, Fort Worth shall repackage such waste, and
Participating City shail reimburse Fort Warth for it staff time at $20.04 an haur and the
cost of supplies.
C. If a spEll occurs at the ECC whife the Non- Fort Worki� MCU is still in Participat�ng City's
possession, Fort Warth shall take cor�tral of the spil! respanse and Participating City will
reimburse �art Warth for its response costs afi $60A0 per haur staff time and �he cost af
supplies.
D. The amount due to Fcart Worth for services provided under this Section, Paragraphs A,
B, and C, shal! be billed ta PartEcipaiing City quarterly. Participating City shall pay Fart
Worth within 30 days of receiving a bill from Fort W�rth. lf Fart Worth does nat receive
payment within 30 days, Fort Worth shafl inform Participating City in writing that it will not
accept a�y household hazardous waste fram Participating City's r�sidents and that �ort
Worth will not participate in a mabile collectiot� event or provide a mobile collectio� unit
until paid.
E. At the end of the term of this Agreement, Fort Worth shall prnvide a final accounting to
Pa�ticipating City, which will inc{ude fF�e total number of Participating City's households
which participated in the program, repacfcaging fees, if any, and the total cost af spi11
response charged� �o Participating City, if any.
F. Pursuant to the requirements of Government Code §791.0'{ 1(a){3), the amaunt due ta
Fart Warth under Subparagraph D. abo�e shall be paid from r�venues currently
available to Parkicipating City in th� present fiscal year.
12
11, •
ARTW�RK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONA�. MATERIALS
L.ICENSE AGREEMENT
Fart Warth is khe awner vf "Capta�n Crud" and the Cruddies �"�laomer�" "Ofifo," "Pestie,
"�cruh,'" and "Van Gao") "Conquer Your �rud," and "Crud �ruiser", and therefore aEl -�
owners�6p rights befong to �o�t Wvrth. Fort Worth has registered these marks as service marks
with the Secr�tary af State.
A. Fort Worth her�by grants to Participating City a n�n-transferable, non�excl�sive lic�rrse
to use all the arlwark and promotional materials that may be provicfed by Fort W�rth to
be used solely in the conduct of the business c�f Parkicipating City's disposal and
recycling of hausehold hazardous waste programs. if Participating City wishes to u�se to
Licensed �Ar� andlor Pramotional Mate�ials in other limited sEtuations, Parkicipating City
must first obtain express ►,vritten canse�t fram Fort Worth.
B. Fort Worth may provide licensed Artwork and Prornational Materials to Participating City
�ursuant to the terms af this Agreement. Part9cipating City acknawledges that by virtue
of this License, Participaiing City acquires or�ly the right to use the ariginal and permitted
duplicate copies af the Licensed Artwork and Promotio�af Materials and does not
acquire any rights of awnershi� in th� Licensed Artwork and promotianal Ma#erials,
whieh rigF�ts shalf remain exclusively with Fort Wor�h. 1f Participating City wants to modify
or change th� artworl� andlor promotiona) mat�rials in any manner, Parkicipating City
hereby agrees to �or�tact Fort Wor�h in writing to obtain written consent before modifying
�r changing any arlwork andlor promatEonal maierials. -
C. If Par�icipating City desires an actar to portray "Captain Crud" for an event, Participating
City shal{ use actors appro�ed by �ort Worth to partray "Captain Grud" since "Captai�
Crud" is owned by Forfi Wortfi�. Participating City shaH be solely r�sponsible far
cnmpensating actor for the services pro�ided to Participating City, Participafing City will
cantact F'ort 1�Vorth as soon as possible with th� date and time of the event agreeable fo
both parties io obtain approval far the chosen actor and to reques# and pickup the
"Captai� Crud" castume far its events. For� Worth w�ll provid� the "Capfain Crud"
cvstume. 1�awev�r, Participating City agrees ta be liable to Fort Wor�h fior any damage t�
the costurne ar if Participating City fails to return the en#ire costume to Fork Worth or i�
the costume is not returned in the same condi#ion as received.
12.
IMMUNfTY
It is expressly unde�stood and agreed that, in the execution of this Agreement, none of the
participating cities waives, nor shall be hereby deemed to waive, any immunity o� defense that
wou#d otherwise be availabfe ta it against claims arising in tha exercise of govemmental powers
and functians, and that the services described in this Agreernent are a govemmentai function.
13
�3.
FORCE MAJEURE
A deEay or failure of �ort Worth to perForrn se�-vices pursuant to this Agreement shall be excused
to the extent that the delay ar failure to perform resulted from a farce majeure event, and the
delay or failure was beyond ihe contrfl� of Fort Worth and not due to its fault or negligence. ��
Par�icipating City shall nofi have, and hereby waives, any claim whatever far any damages
resulting from delays or failure to pertorm caused by a force ma�eur� Event.
14.
TERM�NATI�N
Tha parties shall each have the right ta ferminate the Agreement for any reason, with or withaut
cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall
be released fram all contractual obligations to the other pa�y excluding "USE �F WASTE
DISPOSAVRECYCLING FIRMS �OR HOUSEH�LD HAZAR�OUS WASTE" (Paragraph 6}
"RE�SE OF COLLECTED MATERIALS" {Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONA� MATERIALS LICENSE AGREEMENT'
{Para�raph 11 }.
15.
NOTICE
Any notices r�quired to be gi�en under this Agreement shall be delivered as follows:
If t� �ort Worth:
Brian Boerner, CHMM, Director
Department af Environmental Management
City of Fart Wort�
1000 Throckmortan
Fort Worth, Texas 761 Q2
If to Particiqating Citv:
�W / q
n��,�- 1 1 � � �--1�� I_ �� �" �-' (J~1
. 'y !/ W l N s C�'��, _
✓�� r ,� �J ✓ �1��_�t , �l�i�
�6.
ENTIRETY
Th9s Agreement contains ail commitmer�ts and Agresments af the parties hereto, and na other
oral or writien commitments shall have any force or effect if not contained �erein, except that
this Agreement can be amended or mad€fied by tne parties ifi such amendment or modification is
in writing and signed by ParticiQating City and Fort Worth.
14
1T.
SEVERABILITY
In ihe event anyone or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenfarceable in any respect, such invalidity, illegafity, or -•
unenforceability shall not affect any other provision thereof and th9s Agreement shall be
construed as if such invalid, illegal, or unenforceable provisians had never been cantained
herein.
18.
VENUE
S�o�ld any action, real or asserted, at law ar in equity, arise out of the terms and conditions af
this Agreement, ve�ue for said action shall be in Tarrant County, Texas.
19.
AUTHORITY
This Agreement is made for �ort Worth and Participat�ng City as an Interlocal Agreemen�,
pursuant ta Texas Go�emment Code, Cl�apter 791.
20.
AUTHORIZATION
TF�e undersigned officers andlor agenfs af the parties hereta are properly author9zed officia{s
and have the necessary autharity to execute t�is Agreement on behalf af the parfiies h�reto, and
each party hereby ce�tifies to the ather that any necessary resolutions extending such authority
have been duly passed and are now in fuil force and effect.
15
EKECUTED lN TRIPLICATE
CITY OF FORT WORTH
By: y� .
��' _ r � ,�� � ----- —.
, % �. �_ .
l.ibb! Wa�
Y
Assistanfi C' y M�rnager
Date: � /y"7 ���
t
APPROVED AS TO �QRM
AND LEGAi.1TY:
SSISt�11� �ft �
AT�ST: _
.` � •
� � ,
� � ��
loria Pearsq�
City Secretaly
�j' ~ l � / a� /
Con#ract authorization
`��` �` ��
Date
C ,'�', a�` � eY,,lar�v�
By:
, �� ,
Printed name: F-e1-;�. `�'. �,.,�,.,�.�.ar
Tifle: Mayor
Date: �}-La���
APPROVED AS TO FORM
AN . LEGALITY: �
' 1i `
,' �
�City. Attorney
ATTEST:
� �
Cit Se retary
�6 �� ���f�q�9�1� ���u��
� C�ti�' �������
�
1 � ������, �� _
Exhibit "A"
���iO�F�lN� �l�i ��R °�f�� IIdIQ�1�� CO�L���iI�N �Nl�
fV�ai�erial � Amaunf �esfacked I S,pecial iVeeds � �emarks �
55 gallon open tap Amount taken off the
drums (open top for trailer
loose packs]
55 gallon drums Amount taken aff the
(clased top} (oil, trailer
antifreeze, bulk
fiammable materials
and one extra)
Fiber drums (55 or 30
gallon) Aerosols, Amoun# taken aff the
�cids, bases and trailer
oxidizers)
Gaylard box liners
(plastic} Amount iaken off the
trai�er
55 gallon drum liners
Amounf taken off the
trailer
5 galfon buckets
{filters/[�az chemicals� Amount t�(cen off tF�e
trailer
Survey Forms
Amaur�t taken off the
trailer
Labels/drurn placard
Amount taken off the
trailer
Gayford boxes
Amount take� off the �
trailer
Absorbent pads �
Amaunt take� aff the
tra�ler
Vermiculite
Amflunt taken off the
trailer
Di1 dry
Amount taken off the
trailer
Promotionaf Materials � {
& B�ochures Amount needed �
17
Exhibit "B"
WAIV�R AND RELEASE OF LIABIL,ITY FOR CC}LLECTION OF HOUSEH�LD
HAZARDOUS WASTE
I being the owner of property located af
ha�e been asked 6y the Gity of to allow a mobife collsction
event on my praperty to co{lect hausehold Y�azardous wast� an the , 240'i,
In considerati�n of ,[ hereby give my permission to the City af
to hald a household hazardous waste coHection event on my
property in which the City of has askeci the City af Fort Worth
to send its mobile coVlection unit to collect the household hazardous waste that is brought to tF�e
event,
Therafore, 9n consi�eration af , 1 hereby RELEASE,
DISCHARGE, HOLD HARMLESS, 1NDEMNIFY the City of Fort Warth ar its officers, ager�is,
and employees and the City of and its officers, a�ents,
andlor employees far any and a1l c�aims, demands, liability, causes of action, actions or suits of
any charac#er that I may have agafnst the City of Fo�t WartF� or its afficers, agents, andfar
employees and ihe City of or its off'�cers, agents, andlor
emplayees for any property loss ar damage, for any and all persona� in�ury including death or
any ath�r damage of any kind ar character which may arises ar that arises from allowing the
City of ta hald a�ousenold F�azardous waste c�llection eWent, in
which the City of Fort Worth sends its mabile collection unit on my property,
I have read this Waiv�r and R�lease and fully understand its terms and conditians. f have not
been infl�enced in any extent whatsoever by any representation ar statements not cantained in
tnis Agreement. I hereby acknawledge tha� this Vllaiver and Rel�ase is giv�n in cons9d�ration of
5ignature Da#e
Witness
a
18
�ity v,�'�'o�t �orth, Z'e�ca,�
����� ��� �������
�� �xn� ��t� ��
QATE R�FERENCEIVUMB�ft LOG NAM� PAGE
10191Q1 **�-� �7'�� + _ 52COLLECTION � 1 a� 2
suB�ECT � APPROVAI� OF INTERL�CAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FaR
THElR PARTiCfPAT14N AT THE ENViRdNMENTAL COLL�CTION CENTER
RECOMMENDATfON: �
It Es recommended tha� ti�e City Coun�il aut�orize the City Manager to execute Interlocal Agr�ements
wE#h �arious municipalitieslentities for tl�eir participation a# the Enuiranmenta� Colleciian Center. �
Dl5CUS51�N:
The Cit�"s Environmental Collec#ion Center is naw in its fiftl� year at aperation collecting hous�hold �
hazardous waste �rom ti�e citizens of Fort Worth anc� surrounding communities or� a year-round hasis. I
In ord�r fvr non-Fo�t Worth citizens to participate at fhe center, each municipa�iiy is required to e�ter
in#a an lnterlocal Agreem�nt w�th the Gity of Fort Worth. �
Last year, 23 area communities signed �articipation agreemet�ts w�th the City. For t�e upcoming year, �
we expe�ci that humber to rise to 2�4 communities. The rate per household far the p�riod ca�ered t�y �
these agreemants (actober 1, 20D1, #hrough �Se��ember 30, 2D02) is $60. I# is anticipated that
appraximat�fy $3�O,DDa will be collected un�er these agreements. �
This agr�ement outlines the respfln�ibilities of eac� party, estahlishes the rate far particFpation, and I
delineates the use of service-marked public edu�ation materiaL The City is responsible far ti�e overall
operatiart af the cen#er, including contracting with a hazardous waste disposal company far �
transportatian and disposal of ma#erials collect��. I
The following entities ha�e expressed an ir�tere�t ar ha�e already cvmmitted to participation far the
period �ciober 'I , 2(}01, thraugh Sep#ember 30, 200�:
Ar�ington"`
Benbroo�
Everman*
Grapevine
Kelier
Richland Hills*
Stephenvilt�
Unincarporated Tarrant County
Azle
Burleson
Euless
Haltom City
Newark
River Oaks
Sou#hlake
Venus
Bedfard
Ca!(eyvill�
Grand, Prairie
Hurst
North Richland Hills
Sagir�aw
Upper Trinity Regional Water
Watauga
*These municipafties ar� expected to participate, but have nat yet returned their approved agreements. I
dATE
1019101
SUBJ�CT
C`iiy o�Fort Wo�ih, T'exas
�l���r ��d ���r��i�
���,�n� ��ti��
R�FER�NCE N�MBER � LOG {VANIE � � PAG� '
** ��cot�.ECTioN � 2 of z
�-� �%�'�
APPROVAL O� INTERLOC E. AGREEMENTS WITH VARIOUS MUN�CIPALITIES FOR
THEIR PARTICiPATION AT THE ENVIRONMENTAL COLLECTION CENTER
FISCAL INFORMATIONICERTIFiCAT1�N.:
The Finance Di�-ector certifies that the Environmental Management Department will be responsible for
the callection and deposit of funds due to the City-under these agreements,
LW:k
Submitted for City Manager's
Office by:
L9bby Waksan
Originating Departrnent Head:
G183
I Fi3ND ` ACCOTINT �
�(to)
R103 48$220
Brian Boerner $079 (from}
CENT�A ' AMOUI�[T
0521100
CITY SECR�TARY
APPROVED 10/09/01
DA7�
1 Q/9/01
SUBJECT
C'ity o,�'�'o�t �o�h9 T7exas
���ior �x�� �o���� �
Co�a����a����
REFERENCE Nl7NiBER LOG NAM� � �� �� � I'AGE
**�„� ���� 52CO�LECTION 3 of 2 I
APPROVAL �F INTERL�C L AGREEIVIENTS VIlITH VAR OUS MUNICIPALITIES �OR �
THEIR PARTICiPATION AT THE ENVIRONMENTAL C4LLECTI�N CENTER
Additional Information Contact:
Brian Baemer
8479 I
�
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