HomeMy WebLinkAboutContract 27148CIYY 5������aRY , ' -'
r�NYRACT N� . ��"�_ }
INTERLOCAI. AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL C�L.LECTI�N CENTER
HOUSEHOLD HAZARDOIJS WASTE PROGRAM
THlS AGREEMENT is entered into 6y and between the City of Fark Wor�h, Texas, a home-rule
mun9cipal carporation situated in Tarrant and Dentan Counties, Texas, hereinafter called "Fort
Worth," acting herein by and through Libby Watson, its duly authorized Assistant City
Manager, and City of Euless a municipality situated in '��-���n� Caun�y
Texas, hereinafter called "Participating City," acting hereir� by and #hraugh .Toe C. He�ni�
its duiy autharized Ci�y Mana�er ,
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, autharizes the formulation of interlacal
coop�ration agreements between and among local gavernments; and
WHEREAS, Texas Go�ernment Code, §791.01 � provides that a �ocal govemment may contract
with anather to pertarm governmental functions ar�d senrices, and §791 A03(3}(H) defnes waste
disposal as a governmental function and service; and
WHEREAS, Texas Go�ernme�t Code, §791.a25 provides that a local go�ernment may agree
with another local governmenY to purehase services; a�d
WHEREAS, �nrt Worth and Participatin� City desir� to ent�r into an interlocal agreement
whereby Fort Worth wil� purchase the services af a wasie disposallrecycling firm or firms and
will a�minister a housef�old f�azardous wasie collection pragram; ar�d
WHEREAS, �ort Worth and Participaiing City mutually desire to be subject ta ihe provisions of
Texas Government Co�e, Chapter 791, also known as th� Interlocal Cooperation Act.
N�W THEREFORE, it is agreed as fallows:
1.
DEFINITIONS
A. Unless a prov9s9on in this Agreem�nt exPlicitly states otherwise, the follawir�g terms and
phrases, as used in this Agreement, shal{ have the meanings hereinafter designated.
Act of God means ar� act occasioned by the direct, immediate, and exclusive operation
of the fo�-ces of nature, uncontralled or uninfluenced by the power of humans and without
human intervention.
Bifl of Ladinq lists the contents of the mobile cflllection unit.
Er�vironmental Colleciion Cenier (ECC� m�ans the City o� Fart Wort� Department of
En�ironm�ntal Management facility focafed at 640Q Bridge Street, Fort Worth, Texas,
which is to be t�sed by �ort Worth for the aggregation of houseF�old hazardous w�ste� `
� _. , I
����+` ��[�����f��[
r� �n�����. ��'�. .
t�at hav� been brought to the facili�y by participating cities' households f�r subsequent
recycl�ng, disposaf, andlor reuse.
�n�ironmental damaaes means all claims, judgments, damages, lossss, penalties, fines,
liabilities �including strict IiabiEity}, encumbrances, liens, cos�s, and expenses of
investigation and defer�se of any claim, whether ar not such claim is ultimately defeated, -�
and of any good faith settlement or judgme�t, of w�ate�er kind or nature, cantingent or
atherwise, matured o� unmatured, tor�seeable ar unforesEeable, 9ncluding without
I'tmitation reasonable attorney's fees and disbursements and cans�[tant's fees, any of
wf�ich are incurred subsequent to the execution af this Agreement as a result of the
handling, coll�ction, transportation, storage, disposal, treatmenf, recovery, andlor r�use
af waste pursuant ta this A�reement, or the existence of a violation of environmental
req�irements pertaining to same, and including without limita#ion:
(a) Damages for personal injury and death, o� injury to prop�rty or natural resaurces;
(b} �ees incurre� for the services of atforneys, consultants, contractors, experts,
la�aratories and afl ath�r costs incurred in connection with thE investigation or
remediation of such wastes or violation of enviranmental requirements including,
b�t not limiied to, t�e preparation of any feasibility studies ar reports or tf�e
performance of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by any federal,
state ar lacal gavernmental agency ar political subdivision, or otherwise
expended in connection wlth the exist�nce of such wastes or vi�lations of
envirar�mental requirements, ar�d including without limiiation any attarney's fees,
casts and expenses incurred in anforcing this Agreement or collecting any sums
due h�reunder; and
(c) Liability to any third person or governmental agency to indemnify s�ch perso� or
ag�ncy for costs �xpe�ded in connectinn with tF�e items referenced in
subparagraph (b) herein.
Environmental reauirements means all applicable present and future statutes,
regulatians, rules, ordinances, codes, licer�s�s, permits, orders, approvals, plans,
authorizations, concessions, franchises, and simifar items, af allgavernmental agencies,
departments, commissions, boards, bureaus, or instrumentafities of the United States,
states, and pQlitical subdivisions thereof and alE applicable judicial, a�ministrative, and
r�gulatory decrees, Judgments, and orders refating to the protectian of human heaith or
the environment, including withaut limitation:
(a) All requirements, including but not limited to those periaining to �repor�ing,
licensing, permitting, invest9gation, and r�mediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants,
contaminants, or hazardous or toxic substances, maferials, or wastes whether
safid, liquid, or gaseous in nature, into tt�� air, surtace water, groundwater, starm
water, or land, or relating to the man�facture, pra�essing, distributia�, use,
treatm�nt, starage, disposai, transport, or handling of pollutants, contaminants, ar
hazardous or toxic substances, mat�rials, or wastes, whether solid, liquid, or
gaseaus ir� nature; and
P�
(b) All r�quirements pertaining ta the protection of the health and safety of
employees or the publi�.
Force maieure means decrees of or rest�aints by a governmental instrumentality, acts o�
God, work stoppages due io labor dispufes or strikes, failure of Fart Worth's ��
contractor(s) to perfarm pursuant to their agreements with Fo�t Wc�r�h far the canduct of
th� coliection afi hous�hold h�zardous waste, fires, explosions, epidemics, riats, war,
rebefiion, and sat�otage.
Househalr� hazardous waste (HHW) mear�s ar�y solid waste generated i� a household by
a consumer which, except for the exclusion provid�d for in 4Q CFR § 261.4(b}{1), would
be classified as a hazardaus waste under 40 CFR Part 26� .
Manifest means the uniform hazardous was�e manifest farm(s) furnished by the TNRCC
ta accompany shipments of municipal hazardous 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 transported out of Texas.
Mohile colfection event means a househofd hazardous waste coliection event by
Participating Ciiy utiEizing a mabi[e callect�an unit.
For� Worth Mobil� colleciian unit �MCU) means a non-self-prflpelled vehicle used #or the
periociic callectian of �ousehoid hazardous waste by Participating City, off�sit� of the
ECC, which is transpart�d to the ECG to dispase 4f the �ousehold hazardaus wasfe
collected at the mabile collection event. The Fort WortM Mobile CoAection Unit is
designed to hold th� hazard4us waste o# approximately 50 to 75 househalds.
Partic�pating Cities, when used in t�e plural, means Fort Worth, Patiicipating City, and all
ather entities which have entered into int�rlacai agreements wiif� �ort Warth fior the ECC
household hazardous waste collection program.
Persnn mear�s an individual, corparation, argan9zation, gavernment, ar gav�rnmental
subdiv�sion or agency, busin�ss trust, parinership, assaciation, or any othe�r lega! entity.
Waste has ihe same meaning as "so�id waste" as thai terrri is de��ed i� Texas Health
and Saf�ty Code §361.Q03, and including hazardous substances.
B. Unfess a provision in this Agreement explicitly states otherw9se, the fallowing
abbreviat9ons, as used ir� this Agreement, shall have the meanings hereinafter
designated.
CERCLA - Cam�renensive Environmenta! R�sponse, Campensation, and l.iability Acfi.
CPR - cardiopulmonary resuscitation.
DOT - United States De�artment af Transpartatiar�.
�CC � Environmenta! Collection Cenfier.
3
�PA - United States �nvironm�ntal Protection Agency.
HAZCAT - hazardaus categorizatian.
HAZWOPER - hazardous wasfe op�rations and emergency respo�se. .,
HM - hazardous materiais.
HHW - hausehold hazardous waste.
MGU - Mobile Collection Unit.
2.
PURPOSE
The purpose of this interfocal agreement (f�er�after "Agreement") is the pro�isian of services by
Fort Worth to Partici�ating City whereby, subject to t�e ierms and conditions specifiied �e1flw,
Fort WortF� will adm�nister and supervise a regional h�usehold hazarda�s waste collection
program, which wili be available ta househalds within Participatir�g City.
3.
TERM
This Agreement shall be effective f�om the date the last party has signed this agreemen�
through 5eptember 30, 2002.
�.
SERVICES OF FORT WORTH
�ark Worth agrees to pertorm ihe folfawing services for Participating City in cannectian with the
ECC household hazardous wast� colleciian pragram:
A. �'ar� Warth will admi�ister a regianal ha�sehoEd hazardous waste collection pragram.
This pragram will include the operatian of the Environmental Gollectia� Center, which
will accept �or disposai andlor recycling household hazardous was#e from households
located within Participating City. Fort Warth sha11 r�ot accept compressed flammable gas
containers; radioactive materials; explosiwes or �oteniially shock s�nsitive materials;
biolQgical, e#iologic, and infectious materials; wastes fram businesses; and any oth�r
wastes that Fort Worfh has determined are unaccepta6le.
B. Fort Warth wili employ or refain personnel to provi�e the services necessary to perft�rm
Fart Wortn's obligations in this Agreement,
C. Fort Worth will enter into a contract(s} with waste dEsposaVrecycling #irm(s) for the
handling, coflection, trar�spartatian, storage, disposal, treatment, recovery, andlor reuse
af hous�hr�ld hazardous waste, which is co{lected at the ECC.
4
D. Fort Wc�rth will, if requesfed in writing by Participating City, pravide Paeticipating City with
copies af waste manifests for shipments af waste from the ECC.
E. Fart Worth will, if requested in writing by Par�icipating City, pro�ide Participating City a
monthly report of the Participating Ciiy's househal�s who disposed of F�ouseho{d
hazardous waste at the En�ironmental Callectian Center or a Mobil� Cvllection Event. -�
�. Fart Vllorth wili iss�e a report and a bil! at the end of each quarter detailing the number of
Partic�pating City's househoids thaf dispased of househo}ci hazardous waste at the
Enviro�mental Callectior� Center ar at a mobile calleetion even#.
G. For� Warth wi}! act under this Agreement in accordance with a11 applicable state and
federal laws.
H. Non�Fort Worth Mobile Collectian Unit
1. �ort Worth agrees to acc�pt household hazardaus waste �rom Participating City's
MCU in accordance with Sectian 5, of this agreement.
2. Fort Wflrth agrees to resttick the items it remaves fram i'articipafiing City'sMCU,
however, Fork VVorih shalf anly restocic items listed in Exhibit "A", attachad and
incorporated herein as if set farth.
I. � Mobile Collection Ev�nts —Usinq Fort Worth's Unit
If Participating City would like to schedule a mobile coliection event with
the �ort W�rih Mabile CoNection Unit, Fort Warth will send Participating
City a lisi of avaifable dates. Pariicipating City will contact Fort Worth as
soan as possible to schedule ihe date, time and locaiian agreeable to
both parties.
(a) Location
If Participating City chooses to hold the Mobile CaAecfion E�ent an
private property, Partieipating City shall abtain a signed waiver
from the owner af ihe property 1 week priar #o the event. The
w�iver shall be in the form of Exhibit B or similar form ap�roved by
Fort Warth. The signed waiver mus# be sent to Fort Worth 1 week
before the Mobile Coilectian Event. If the signed waiver is not sent
#o Fort Worth 1 week before the Mobile Collection �vent, For�
Worth will not send #he Fort VIlorth Mobil� Collection Unit'to the
event and Pariicipating Ciiy wiil, in no �vent, be entiiled to any
damages of recovery of any costs, except as prov9ded he�ein.
(b} Availalale Dates
Participating City acknawiedges that Fort Worth cantracts with
other municipalities and that Fort Wo�tF� will be accommodating
each P�rticipating Cify�`s request ar� a first come first served �asis.
TF�erefore, Participating City acknowledges #hat its ehosen date �o
schedule a mobile coNection event may be reserved by another
City and Par#icipating City will have to choose anather date.
�
Par�icipating City wEll, in no ���nt, be e�titled to any damages or
recovery o� any costs, except as provided herein.
2. At the Mobile Collection Event, Participating City acknowiedges and agress that
Fori Warth shaH accept hous�hald hazardous waste from the first 50 hauseholds
that show proof af residency at the Mo�ile Collectior� Even#. After the �rst 50 -�
househalds, Fort Worth will determin� in its snle discretior� �ow much more
wasie i� can accept and store properly. 1f mare households arrive at the event
than Fort Warth can accept, Participating City wii! in no event ba entitled to any
damage of recovery af any costs, except as providec! herein.
3. Due to the �lack of storage space at t�e ECC, Parkicipating City acltnowledges
and agre�s tl�at if it requests th� Fort Worth Mobile Coalection Unit at a mobife
coflection event, a Participating City's Non-Fort Worth Mobile Collection Unit sha1V
not also be at the event.
4. City, i� its sole discretion, will determine whether to send the Fort Wo�kh Mobile
Co1{eciion Unit ta Participating City's Callection Even# during adverse weather or
the threat of adverse weather including but not limited to slest, snow, rain, mist ar
hail. In the event Fart Worth determines not to send the Fflrt Worth Mobile
CaUection Unit, Fort Worth shall notify persans fisted in Sectic�n 5, Paragraph A
and shall send a Fort Worth employee ta the Participating City's event to tell any
residents that come to dispose of hausehold hazardous waste; 1) that the �ort
Wo�th Mobile Collection llnit wili nnt be caming to the event, and, 2} that th�
resident can go tn the ECC io dispose of the waste and prav�de a map to the
ECC.
6.
DUTIES 4F PARTICiPATING ClTY
Participating City agrees to perForm the fo{lowing duties in conn�ction with the F�ousehold
hazardous waste collectior� program: •
A. Partic9pating City will designate one ot its emplayees, and another as an affiernate, to act
as its househald hazardaus waste collection coordinator to interact with Fart Warth.
Designated persan is: Ka thy Rez in tele�hane number: �7 -- b� 5-1. 41 �.
Pager number ar 24-haur n�mber where he or she can be reached:
Alternate pers�n is Bi 11 Ri d�wav telephone number: S 17 - 6 85 -1 � 62
Pager number or 24-hour number where he or she can be reached: 817 - 2� 7- 0 7 8 5
B. Participating City will coardinate and fu�d all program advertising targeted to its awn
citizens, as it deems necessary. Such advertising shall include the type af wastes #hat
will be accepted at the ECC, the requirement af proofi of residency and weather
cancellat9on information.
;d
C. Participating City shall notify its residents of the ECC hours a� aperation and dates it is
closed as provided in SectEon 9"The Enviranmental Collection Cenfer Hours of
Operation."
D. Participafiing Gity may c�oase to utilize a voucher system for ifs reside�ts in order for
them to bring HHVII to the ECC. If Pa�iicipating City chooses t� use such. a system, it -�
shall notifiy Fort Worth of the decision, and shall provide Fart Warth with a capy af the
official vaucher. In addition, if a citizen from a Participating City that utilizes a voucher
system eorr�es ta the ECC or a mobile callection event without a voucher, Participating
City acknowledges and agrees fhat Fort Warth will not acc�pt the househQld hazardous
waste until Participating City authorizes the acceptanc� in writing.
E. Participating City may submit a written request for a monthly report �isting the number of
Ets city's househalds that f�ave dispos�d af household hazard�us waste at the ECC �r a
mabile coliection event.
F. Participating City shall pravide traffic cantrol and signage for the mobile collection
events, and sha1C provide personnel ta assist �ort Worth with the survey and screer�ing
af persons dropping off hausehald hazardous waste. The parties pr�or ta the event shall
agr�e upon the d�tails of the traffic cantrol, signage, anc� personnel ass�stance.
G. Participatina Citv's Mobile Collect�on Units Coll�ctinq Household Hazardous Waste
3. Participating City shalf acivise the ECC program manager at I�ast 72 hours in
advance of its mobile colfection ev�nts. Participating City shall collect on�y HHW
during a mobile collect9on event. Wastes from commercial, agricultural, and
industrial saurces shall not be accepted. Par�icipa#ing Ci#y shall not acc�pt
compressed flammab{e gas containers; radioactive ma�erials; explosives or
po#enfially shock sensitive materials; biological, etiologic, and infectiaus
materials; anci any other wastes that Fori Wor�h has determined are
unacceptable,
2. tn accordance with the tatest DOT requirements, Participating City's MCIJ
aperators will properly categorize, package, mark, label, and laad into the MCU,
al! wasfies received at the mobile c�llection event. Recyclabie products (used oil,
u�ed oil fl#ers, latex paint, recyclable ant'r-freeze, lead-acid batteries, and
fluarescenf lights) will be segr�gated inio containers for recyclabl�s.
3, After accepting wastes, Participat9ng City's MCLi operators s�al[ thoraugt�ly
ct�eck eacF� contai�er for proper labeling and identification. If a container is
- prvperly identified, the material will be segregated accarding to hazard class ar�d
prepared for packag9ng. If a container does not have adequaie labeling to permEt
identification, the MCU aperatars sha�l then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information prc�vided
by fF�e househald presenting the waste.
4. i'he Participating City's MCU operators shall �ackage al1 hazardaus materials ln
accordanc� with United 5tates Department of Transpartatian {DOT)
requiremer�tsT United States Environrnenfal Prot�ction Agency (EPA}
7
requirements, and aH other applicable federal and state requirements. Aft�r all
the wastes have been properly identified and segregated, t1�e MCU operators wilf
reexamine the wastes for campatibility, list them on the coniainer cor�te�t sheets,
and �ack 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 conta9ner, tne paint can
be packed in a fined cubic yard box, ar�d packed and labeled accarding ta federal -�
and state regulations. Partieipating City shall not transp�rt waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispase of
any nan-HHW waste col�ected at the event.
�. Prior #o transporting the HHW from ihe collection evenk s9te(s), Participating City's
MCU o�erators shall c�mplete a Bill af Ladin�, and shall keep the Bill of Lading
in the cab flf the truck hauling the MCU during transQartati�n of the HHW to the
ECC. Partici�ating City shafl require #hat a minimum of one copy af the lat�st
Narth American Emergency Response Guide�onk be kept within the cab of the
truck.
6. Dur9ng transportafion, Participating City's MCU operators shall placard the MCU
for transportation of f�azardous waste in accordance with faderaE and state law.
7. Upon the return af the MCU to the ECC, Particrpating City's MCU aperators sha11
follow the instructions af Fort Worth regarding the pfacement of the MCU for
unlaading. Fort Worth shall take pflssession of the MCU from Participating City
after the MCU has been p�operly park�d for unloading in accordance with Fort
Worth's instructions and all re�uired documents have been delivered ta the ECC'
program manager o� his designee at the ECC. Fo�# Worth shall, within a
reasonable amount of time, �nload the HHW from the non-Fort Warth MCU and
stare the HHW at the ECC.
8. If Fart Worth, ir� its sole discretion, determines fhat Participating City's MCU
operators impraperly pacicaged any of the HHW delivered to the ECC, Fort Worth
shafl repackage such waste, and Participating City shall reimburse Fort Worth as
set for�h in Section 10., Paragraph B.
9. If a spill occurs at �he ECC whiEe the MCU is sfill in Participating City's
passession, FQrt Worth shall �ake control of the spi11 response and Participating
City will reimburse Fort Worth for its response costs as sei farkh in Sect�on 10.,
Paragraph C.
. 6.
USE OF WASTE DISPOSAVRECYCLING FIRMS FOR HOIJSEHOLD HAZARDOUS WASTE
A. �art Worth will enter into a contract(s) with waste dispasallrecycling firm(s) for the
handling, collectian, transportatian, starage, disposal, treatment, recavery, andlor reuse
of household hazardous waste, which is coilecied at the ECC.
B. Such firm(s) shall be required pursuant to #he ca�tract(s) ta assume generator status for
the waste �ollected, (�xcluding used oil, lead-acid batteries and antifreeze) to c�oose a
0
disposal site for the waste subject to Fort Worth's approval, and to ind�mnify Fort Wortfi�
ar�d participating cities against any and all environmental damages and the violation of
any and all environmenial requirements resulting from the handling, colfection,
transportation, storage, dispasal, treatment, r�cavery, andfor recycling af waste collected
pursuant to this agreement, when said environmenta) damages or the �iolation of said
enviranmental requirements was the result of any act Qr �mission of contractor, its -�
officers, agents, employe�s, or subcontractors, or th� �oint act or omission ofi coniractor,
its afficers, agents, empfoyees, ar subcantractars and any ather person ar �ntity.
C, iH� PARYI�S R�CO�R!!�� iHAi ALi'�10U(�H �'M� �1�11�9 {S) WI�,L B� I��QUIR�D +
il� A�SUM� C�Rl�R�►'fOR S fA f US, T}i1S �4SSuii�Pil@A! 11l�!lILL AEQi F2�LI�V�
€�ARYICI��eTIN� CIiY �F L1�4�l�ITY I��R iH� vV'AS�'� UND�R F��€�L �/�11dU
Ai�� SiAT1� LAW. Fort Worth will arrange for recycEir�g vendars for used ail, 6atteries,
antifreeze, and other materials, as it deems appropriaie.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fart Wor�h will make available to res�der�ts and businesses of Fort
Worth, as well as, Participating City and residents and businesses of Partic�pating City
for their use, coliected househald hazardous waste maierials fhat ar� suitable fior reuse,
such as paint, fert�lizer, motor a+l, and antifreeze. Fort Worth shall not charg� for a�y
materials that ars picked up for reuse.
B. Some materials made available for reuse may have been consolidat�d and filtered by
Fort Worth prior to being made avai{able. llsed ar�tifreeze will have been consofidated in
a bar�el, filtered, and pH balanced, and new antifreeze may have been added to the
barrel.
C. In regards to materials accepted by Participaiing Gity, �ORT WO�iH ii�AK�S NO
RE�RESEN�A►i[QPlS, WARRAN�'!�5 OR Gl]A�NYl�S i�i�'�:
1. the confainer contents ar� wF�at ihe iabel indicates;
2, the cantainer contents are those arEginally placed into the container by the
manufacturer;
3, �he product is a� the quality inten�ed for its use;
4. the contents of the container l�ave been stored properly;
5. the instructians on the container Eabel fior use, starag�, and first aid are current or
correct;
6. the container is in unimpaired conditian;
7. the pro�uct is still appraued for use (i.e., it has not been banned or recalled); and
8. the product can b� used with�ut risk to persons, property or the �nvironmenf.
�
�URi��RNi�RE, AL� WARRi4A[iI�S, �XPR�SS Af�p fiwPL1E13, i4��
SP�CI�ICA�,LY �3�NI�D.
D. Partici�ating City shall cantact the ECC pragram manager to arrange a pickup time to
obtain materials. Participating City agrees fhat it shall not returr� toFart Worth, directly or -�
indirect{y, any maierials it o6tains from Fort Wartt� under this paragraph.
E. IP� ��(��,F:DS TO NY�i�RIAL� ACCI��'i�� �Y �,4RTICI�Ai'INC� CI�'Y,
P�,f�fIG1P�►7'IPIG C[iY QQ�S H�R��Y WAfV� ��� �LAlIV�S, Ii�CLU�I[V�
P�O�[JCYS �,I�►�1Li TY CL�1�Vi5, AND ����A51�S, �4�1� bDL�S �1ARNILESS T'�il�
ClTY �� FOF2i l+VORib, Ahl� �,L,L O�' IiS O�'�1CIAL5, O��'IC�RS, E����Y��S,
AGENiS, l4NC� V�LUIV f�ERS, 1N ��1�H iFriEl� �U�LIC AIV9 P�Npo�'�
CA�AGITI�S, �ROIVI AAIY AfVD ALL LIA�ILIiY, CLAlNiS, 5U1i5, ���Af��S,
�KPEf�S�S DF LITICaiION, �R CAUS�S O� ACi101V lIVHIC}i IV�AY ARIS� �Y
R�/�SON Gl� INJURY i'� P�RSOf�S, �OSS O� PRO��R�'Y, D�►[VIAG� i0
�ROPEF�YY, �R LOSS �F' US� O� ANY PROPERTY , OCCASi0iV�9 �Y �F6�
iR�►FdS�'ORiA�IOR�� Si�f�►G�, b�►Pl[]LINC, US�, AN� 91SPAS/�� �Y
��►RiICIPAilNC CIiY Ok� �1NY MAT��U��S ACC�PiED �Y PARTICIPAiIN(� CIYY
Ui���� T�IIS AGR�I�M�Ni FROtVI �ORi WOR�'b.
F. In regards to materials accepted �y resider�ts ar businesses of Participating Cities,
FORi W�Ri�I II�AK�S fV0 ���R�S�NiAYIDAlS, 1�11AR�4R�ilLS OR GU�R�►Nif�S
T�i�4�:
2.
3.
�.
5.
6.
7.
the contai�er contents are what the label indicates;
the container conients are those orig�nally placed ir�ta the container �y the
manufacturer;
the product is af the quality i�tended far its use;
th� contents of the car�tainer have been s#ared pr�perly;
the instructiar�s vn the container label for use, storage, a�d firsi aid are current ar
correct;
the contair�er is in unimpaired condition;
the product is stiif a�proved for use (i.e., it has n�t been banned or recalled); and
8. the product can be used without risk to persons, pra�erty ar the en�ironm�nt.
�URfH�R[NOR�y �L� LNA��iANT1�S, EX�R�SS I�fVb 1i�9�'�i�D, I�Ft�
S��CII�IC�►��Y �ENf��.
G. Participating City shall attempt to inform i�s resider�ts and bus9n�sses that if they go to
the En�ironmental Collection Center tfl pick up ho�sehold hazardous waste for reuse, a
release of liability must be signed to accept the household hazardous waste far reuse.
10
8.
RIGHT TO REFUS� WASTE
Participating City agrees that Fart Worth shall have the right to refiuse to accept waste at the
ECC fram Participating City"s resident and to eject such indi�idual from the premises of the
�CC, if ir� the reasonable judgment of Fort Worth:
A. The waste is not household hazardaus waste;
B. Th� wasfe fails to meet other established criteria esiabfished by this Agreement, or that
have been established by Fort Worth subseq�ent to the execution of the Agreement;
C. The individual does not have sufficient identification ta establish that helshe is in fact a
resident of Participating City;
D. Parkicipating City has implemented a vouch�r system for its resid�nts to dispose of
waste, and the individual does not have a �alid voucher; ar
E. The waste or the indi�idual presents a hazard fo the �CC or to persons ar property at
the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER H�LlRS AND DAYS
OF OPERATION
A. Haurs of Operation
During the t�rm of the agreement, the ECC's hours of opera�ion are as follaws:
Thursday and Friday 1�:QO a.m. -7:�0 p.m.
Saturday 9:00 a.m. -3:00 p.m.
B. Days fhe Environmental Collection Center will be clased
During the term of the agreement, the �CC will be closed on the follawing days:
Thanksgiving Holiday, November 22 -23, 2001
Christmas Hofiday, ❑ecember 24- 25, 2001
December 30, 2Q01 through January 11, 2002, far cleanup and repairs
M.L.K. Day January 21, 2002
Memorial Day, May 27, 2002
Independence Day, July 4, 2002
Labor Day, September 2, 2002
C. Notifying Residents
parficipafing Gity agrees to natify its residents of the EGC"s hours of operation ansi dates if will
b� closed. Participating City may advertise the 24-hour Environmental Collection Center
11
tefe�hone number to give its residents the Enviranmentai Collectian Center's hours. The
number is: (817) 871-5257.
10.
COMPENSATlON
As fair comp�nsation for the services provided by Fort Worth pursuant to tHs agre�ment:
A. Participating City agrees to pay Fort Worth the s�m of $64.00 per household per �isit fo
the ECC or per hausehold for participatian in a Mobile Cof[ectian Event to dispose ofi
f�ausehold hazardous waste.
B. If Far� Worth determines that Participating City's MCU aperators improperly pacicaged
any of the HHW delivered to the ECC, Fort Worih shall repackage such waste, and
Partic�pating City shall reimburse Fort Worth for it s#aff t9me at $20.00 an hour and the
cosi of supplies.
C. 1f a spifl accurs at the ECC while the Nan- �ort Worth MCU is stifl in Participating City's
possession, Fort Workh sha[I take cc�r�ttol of the spill respanse and Participating City will
reimburse Fort 1North far its response costs af $60.00 per hour staff time and the cast of
supplfes.
D. The amouni due ta �or� Wo�th for services pra�ided under this Section, Paragraphs A,
B, and C, shali be billed �o Partic�pating City quarterly. Pa�tic�paiing City shalE pay F'art
Worth within 30 days af recei�ing a 6ill from For� Workh. Ifi Fart Worth do�s not receive
payment witnin 30 days, Fort Worth shafl inform F'articipati�g City in writ9ng that it will nof
acce�t any household hazardaus vtiraste from Parkicipating City's residents anci that Fart
Worth will not participate in a mobile collection e�ent ar provide a mobile collection unit
until pa�d.
E. At the end of the term of this Agreement, Forf Worth shal! provide a f9nal accoun#ing to
Participating City, which will include the total number of Participating City's househoEds
w�ich participaied in the program, repackaging fees, if any, and the total cosi of spill
resp�nse charged'to Participating City, if a�y.
F. Pursuant to the re��irements of Governmeni Code §791.011 (a}(3}, the amaunt due fo
Fort Wor�F� under 5ubparagraph D. abflve shaH be paid from revenues cUrrently
availa4le to Participating City in the present fiscal year.
�
FF%
11. •
ARTWORK, "CAPTAfN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGR�EMENT
Fort Wor�h is tf�e owner of "�a�fain �rud" and ihe Cruddies ("�Ioamer," "Ot��o," "Pesiie,
"�crub," and "Van (�oo"} "Canquer Your Crud,"' and "Grud Cruiser", and ther�fore aH -�
ownership rights befong to Fort Worih. Fo�t tNarth �as registered these marfcs as service marks
with the Secretary of State.
A. Fort Worth h�reby grants io Participating City a non-transferable, non-exclusive license
to use ali the ariwork and pramational materials tha# may be provided by �ort Worth to
be used saiely in the canduct af the busin�ss af Participating City's disposal and
recycling af hausehold hazardous waste programs. If Participating City wishes to use to
Licensed Art andlnr Promoiianaf Materials in other limited situativns, participating City
must first obtain express written conser�t from Fart Worth.
B. �ort Worth may provide licensed Artwnrk and Promotinnal Materials to Par�icipat"tng City
pursuant ta the terms o� this Agreement. Participating City acknowledges that by virtue
of �hi� License, participating Cj#y acquir�s oniy the right to use the original and permitted
dup{icate copies of the Licensed Artwork and Pramotional Mater�als and daes not
acquire any rEghts of awnership in the Licensed Artwork and Promotional Maieria}s,
which rights sf�all remain exclusively with Fort Warkh. If Participating City wants to madify
or change the artwork andlor promotional materials 'rn any manner, Par�icipating Ci#y
hereby agrees to contac# Fort Worih in writing to obtain writt�� consent before madifying
or changing any arkwork andlor promotional materials. �
C. If Participating City desires an actor to �flrtray "Captain Crud" for an ev�nt, Participai�ng
City sha11 use actors approved by Forf Wortfi� to partray "Captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating City shali be solely responsible for
campensating actor for the se�vices provided to Participating City. Pa�fiicipatir�g City will
contact Fort Worfih as soan as poSsible with the da#e and time of fhe event agreeable ta
bath parties to abtain appro�al fflr the chosen actor and to request and pickup the
"Captain Cr�d" costume for its events. Fo�t Warth wi{I �rovide the "Captain Crud"
cc�stume. However, Participating City �grees to be liabl� to �ork Worth for any cfamage to
the costume or if Pariicipating City #ails to return the entire castume to 1=ort Worth or if
the castume is not returned in ih� same candition as received.
12.
IMMUNITY
It is expressly understaad and agreed that, �n the ex�:cutian of this Ag�eement, nane of the
participating cities waives, nor shall �e hereby deemed �a waive, any immunity or defense that
would otherwise �e available to it against claims arising 9n the exerciss of governmenta( powers
anri functions, and that the services described in this Agreement are a go�ernmentaf function.
13
13.
F�RCE MAJEURE
A delay or failure ofi Fort Wa�th to perform s�rvices �ursuant to this Agreement shall be excused
to the extent that the delay ar failure to perform resulted from a forc� majeure event, and the
delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. -•
Participating City shafl not have, and hereby waives, any claim whatever far any damages
resulting from delays or failure fa perform caused by a farce majeur� event.
14.
TERMINATION
The par�ies shalf each hav�e fihe right to terminate the Agreement far any reasan, with or without
cause, upon tF�irty (3�) days written natice to the other party. Upan #ermination, the par�ies sha11
be released from a{I contractual obligatians to the ather party excluding "'US� OF WASTE
D15POSALIRECYCLiNG FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" {Paragraph 6)
"REUSE OF' C�L.LECTED MATERIALS" {Paragraph 7) and "ARTtiNORK, "CAPTAIN CRU�
AND THE CRUDDIES," AND F'ROMOTIDNAL MATERIALS LICENSE AGREEM�NT'
{Paragraph 11 �.
15.
N�TICE
Any notices required to be given und�r this Agreemen� shall be delivered as follows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76'[02
I� to Participatinc� Cify:
B i 1 I l�j_ c��Y
City of Eul.ess
20�. N, Ectar Drive
Euless, TX 76439
�6.
ENTIRETY
This Agreement con#ains all commitments and Agreements of the parties hereto, and no ather
oral or written commifinents shall have any force ar effect i� not cantained herein, except that
this Agreement can be amended or modifie� �y the �arties if such amendment or modificatian is
in writing and signed by Participating City and Fort Worth.
14
17.
SEVERABiLITY
In #he evenfi anyane ar more of the pravisions contained in this Agreement shall for any reason
be heid to be invalid, iiiegai, or unenforceable in any respect, such invalidity, illegality, or -�
unenf�rceability sl�all not afifect any ather provision th�reof and this Agraeme�nt shall be
construed as if such invalid, illEgal, nr unenforceable provisions had never been contained
herein.
18.
VENUE
5hauld any actian, real or asserted, a� law or in equity, arise aui of the terms and conditior�s of
this Agreement, ver�ue fQr said actian shall be in Tarrant Caunty, T�xas.
19.
AUTH�RITY
This Agreement is made for Fort Worth and Participaiing Cify as an interlocal Agreement,
pursuant to Texas Government Code, Ghapter 79�.
zo.
AUTHOR1ZATlON
The undersigned officers andlor agents of #he parties hereta are praperly authorized afficials
and have the r�ecessary authority to e��cute this Agreemen� on beha�f of the parties hereto, and
each party hereby certifies io the other that any necessary resalutians extending such authority
have been �uly passed and are now in full farce and effect.
'f 5
EXECUT�D IN TRIPLICATE
ClTY OF FORT WORTH
By: % ;
.�' t `j
: _ ,�
Lib�y Watso
Assistant Ciiy M ager
❑ate: ��/�� . b !
� r
City of Euless
By:
_ _ — ��
Printed n e: M��y Lib Saleh
Title: Mayar
Date: ��//�/
APPROVED A5 TO FOi�M
AND 1�EGALITY:
� �� �
si ant i orney
ATTEST: ,� - -
�
�� �
loria Pear �
City Secret ry
� �/��7 �
Contraci authorization
/� %� � / � �
Date
APPROVED A5 TO �ORM
AND LEGALITY:
n��;�±� City. Attorne
ATTEST:
,, �
. ' ' -�, �
- ' � �"��,
i y ecretary
C
16 �����Q� �i,� �UUSI":
���� ���"��?�G��
� �����'�I�. ���.
Exhibit "A"
��Si��KIIV� LIST �OR iH� IVI��1�� �OLL��TI�[� �IN1i
N9aterial Amount Resfiacked Special Needs I �emari�s '�
55 gallon open fop Amounf taken off the
drums {open top far #railer
loose packs)
55 gallon drums Amount taker� aff the
(closed top) (ail, trailer
ant�freeze, bulk
flammable materials
and on� extra)
Fiber drums (55 ar 30
gailon) Aerosols, Amount taken aff the
acids, bases and trailer
oxidizers}
Gaylord box lir�ers
(plastiG) Amaunt taken off the
trailer
55 gallan cirum liners
Amount taken off the
trailer .
5 gallan buckets
(filterslhaz chemicals) Amouni t�ken off the
trailer
Survey Forms
Amount taken off the
trailer
Labelsldrum placard
Amaunt taken off the
trailer
Gaylord boxes
Amount taken off the
trail�r
A�bsorbe�t pads
Amount taken off #he
trailer
Vermiculite
Amount taken aff the
trailer
Qi! dry -
Amount taken off the
frailer
Pramotional Materials
& Brochures I Amount needed
17
Exhibit "B"'
WAIVER AND RELEASE OF LIABILITY FOR COLLECT(ON OF FiOl1SEHOLD
HAZARDOUS WASTE
I beir�g t�e owner of property lacated at
�ave beert asked by the City af to allow a mobile collection
even# on my property to col�ect householc! hazardous waste on the , 2�01 �
ln cansideration of , I hereby giv� my permission ta the C9ty af
to hold a fn�usehold hazardaus waste collection event on my
property in which the City of has asked the City af Fort Wor�F�
to send its mobile collectian unit ta collect th� hausehold hazardous waste that is brought ta the
event.
Th�refore, in consideration of . , I hereby RELEASE,
DISCHARGE, HOLD HARML.ESS, INDEMNIF'Y th� City of Fort Worth or its officers, agents,
and employees ar�d the City of and 9ts officers, aga�ts,
andlor emplayees for any and..all claims, ctemands, liability, causes of action, actians or suits of
any charactar that I may have against the City of Fort Warth or its officers, ag�nts, and/or
employees and th� Ciiy of or its off'�ers, agents, ancl/or
employees for any property lass or damage, fior any and all personal injury ineluding death o�-
any other damage of any kind or character which ma� arises or t�at arises from allowing ,the
City of t� hold a F�ousehold hazardous wasie collectian e�ent, in
which the City of Fort Wflr�h sends its mobile collection unit on my prop�rty,
I have read this Waiver and Rel�ase an� fully understand its terms and canditions. I have not
been infiluenced in any extent wha�so�ver by any representation or statements not contained in
this Agreeme�t. I hereby ac}�nowiedge k�at this Waiver and Rele�se is given in consideration of
5ignature Date
Witness
�
18
Ciiy o, f�"o�t Wor�h9 T'ex�s
I �� � �:' - ;� � � � ��;� I � � '� - �'
DATE
� afsio �
SUBJECT
C���a���at���
R�FER�NC� NiJMBER LOG NAME PAGE
**�_� g7�� , �2C�L.LECTION � 1 of 2
APPROVAL OF INTERLOCAL AGREEMENTS WiTH VARIOUS MUNICIPALlTIES FOR
THEIR PART�CiPATION AT TH� ENVIRONMENTAL COLLECTION CENTER
REC�MMENDATION:
It is recommer�ded that �he C�ty Cauncil authorize the City Manager to execuie Interlocal Agreemer►ts
with variaus municipalitieslentities for their participation at the Environm�ntal Coliectian Center.
DISCUSSION:
The City's En�iranmen#al Coliectian Center is now in its fifth year af operation collecting household
hazardaus waste from the citizens of Fort Worth and surrounding communiti�s on a year-round basis.
In order for non-Fart Worth citizens ta participate at the cen�er, each municipality is required to ent�r
into an Interlocal Agreement with the City af Fort Worfih.
l.ast year, 23 area communities s�gned participatiar� agreements with the City. For the upcaming year,
we expect t�tafi number ta rise to 24 commut�ities. The rate per �ausehold far the perioci co�ered by
�hese agreements (October 1, 2a01, through September 30, 2002) is $60. I# is anticipated thaf
approximately $300,OOQ wil! be collected under these agre�ments.
This agreement outlines #he responsi�ilities of each par�y, establishes tf�e rate for participation, and
delineates the use of service-marked public education material. The City is responsible for the o�erall
operaiior� of the center, inc�uding contracting with a hazardous waste dispasal company for
transpor#atian and dispasal of mat�rials collecied.
The following entities have expressed an interest or ha�e already committed ta participation for tf�e
period October 1, 2001, th�ough 5eptember 30, 2002:
Arlington*
Benbroak
Everman"�
Grapevine
Kelier
Richland Hilis*
Stephenville
Unincorporate� Tarrant County
Azle
Burleson
Euless
Haltom Cifi�y
Newarlc
River Oaks
Southlake
Venus
Bedfard
Colfeyvilie
Grand Prairie
Hurst
North Richland Hills
Sagir�aw
Upper Trinity Regional Water
Watauga
*These municipalities are expected to participate, but have not yet returned their appro�ed agreements.
DATE
1019101
SUBJECT
City of �ort T�orth, �'exas
i�l�y�� ��� �o���i� �
�o �n����a�or�
REFERENCE NUMBER LOG NAM� PAGE
**�.� �777 52COLLECTION 2 of 2
APPROVAL OF INTERLOC L AGREEMENTS WITH VAR OU5 MUNlC1PALITIES FOR
THEIR PARTICIPATION AT THE ENVIRO�fMENTAL COLLECTION CENTER
F'ISCAL INFORMATIONICERTIFICATiON:
The Finance Djrectar certifes #hat the Environmental Managsment Department will be responsible for
the coliection and deposii a� funds due to the City �under ihese agreements.
LW:k
�
5ubmitted €ar City Manager's
Oftice by:
Libby Watson
Origlnating Department Hesd:
Brian Boemer
FUND ' ACCOUI�[T �
� (to)
� R'f03 48822Q I
6183 `
I `
8079 I {from) !
CENTER � AM�LINT
o5z��aa —
CITY SECRETAAY
�
� APPROVED 101�9/01
�'ity of'Fa�i Worth, T'eacas
� -�
�� � ��� ���� - ���� ����� � �� '�
�����i��ti�r�
DATE REFERENCE NUMSER LUV NAME � �� �t;�
10I910'l **c-� �77j 52G4�LECTl�N � 3 �f 2
suB��cr APPROVAL OF INTERLOG L AGREEMENT5INITH VARIOUS MUNICiPAtITIES FOR
THEIR PARTIGIPATION AT THE ENVIRaNMENTAI� C4LLECTION GENTER
I .
- - — � -----
Additional Infarmation Coatact: `
j
Srian $oerner 8479 I i �