HomeMy WebLinkAboutContract 27149��" � ��'� +- ��.
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Cf�1-Y S�C��`�R(�Y ,, ,`
1C7NTRACT NO. ��
WTERLOCAL AGREEMENT F'QR PARTlCIPATfON IN FORT WORTH'S
ENViRONMENTAL COLi�ECTiON CENTER
HOUSEHOLD HAZARDOUS WAS�'E PROGRAM
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THIS AGREEMENT is entered intn by a�d �etween the City of For# Warth, Texas, a home-rui�
municipal corparatia�i situated in Tarrar�f and aenton Counfies, Texas, hereinaiter ca[led "Fart
Worth," acting F��rein .by and fhraugh Lib6y Watsan, i�s duly author�zed Assistant City
Manager, and Ciiy of �edfard a municipafity situated in Tarrant Caunty
Texas, F�ereinaf�er called "partEcfpating City," actin� f�erein �y arrd thro�gh Chuck BarneiE '
Its duly auihorized city Manager ,
WITNESSETH
WHEREAS, Texas Govemrnent Code, Cl�apfier 799, autf�arizes the formu�atian af interlaca!
cooperation agreements between and among focal governments; and
WHEREAS, Texas Govemment Code, §791.011 provides that a locaf government may contrac�
with anath�r ta pertarm governmental f�nctions and services, and §79� .003(3)(H) defines waste
dis�osal as a governmental function and service; and
WHEREAS, Texas Gavernment Code, §79�.025 provid�s thaf a local gavernment may agree
witf� another local government to p�rcf�ase serv9ces; and
WHEREAS, Fort Wor#h and Participa#ing City desire to ent�r 9n#o an interlaca! agreement
v�hereby Fari Worth wifl purchase the services of a was#e disposallrecycling �rm or firms and
wifl administ�r a ha�sehold hazardous wasfs callec�ion program; and.
WHEREAS, For� Worth �nd Participating City mutually desire to be subject to the provisions of
Texas Governmen# Code, C�apter 791, also known as the �nferlocal Caaperation Act.
NOW THEREFORE, it is agreed as fo[lows:
1.
DEFIMTfONS
A. Unless a provision irt this Agreement explicitly states otherwise, ths fallowing terms and
phras�s, as used in this Agreement, sha!! have the meanings hereinafter designated.
Act of God means an act occasionad by the direct, immediate, and exclus�v� aperation
of the forces o� nature, uncontrolled or u�inffuenced by the pawer af humans and without
humar� intervention. �
. Bill of Ladin� lists the contents of ihe mobile collection unit,
Er�vironmental Collection Center (E�C) means fhe City of Fort Worth De�a�tment of
Enviro�m�ntal Management facifity located at fi400 Bridge Street, For� Worih, Texas,
which � is �o be used by �'r�rt Worth for the aggregatian of hausehol� r�d����v� �a�� �
�:uu V a7�����1�� �
-- l�, � �'�I�, ��,
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that have been brought ta the facility by par#icipating cities' households for su�sequent
recyclir�g, disposal, andlor reuse.
Environmental damaaes mearts afl cl�ims, judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of
in�estigation and defense o# any claim, whether or nafi such claim is ultimateEy defeat�d, -
and of any good faith seftlement or j�d�ment, o� whatever kind or nature, contingent ar
otherwise, matured ar unmatured, foreseeable or unforeseeable, including without
limitation reasanable attorney's feas and disbursements and cons�ltant's fees, any vf
which are incurred subsequen# to the executian of this Agreement as a result of the
handling, co![ection, transpo�ation, stara�e, disposal, treatment, recavery, andlar reuse
of waste pursuanf. to this Agreement, or the existence of a viofation of envirar�menfal
requirements pertaining to same, and ir�cluding withaut limitation:
(a) Damages for personal injury and death, or €njury to property or natural resources;
{b) Fe�s incurred far tF�� SQNIC2S of aftorr�eys, consuEtants, contractors, experts,
la�oratories and all ather costs incurred in connection with th� in�estigatian ar
remediation of such wastes or �iolatian of environmental req�irements inclu�ing,
but not Eimited �toT the preparation ofi any feasibility studies flr reports or tf�e
perfarmance of any cEeanup, remediation, remo�al, respo�se, aba#ement,
containme�t, c�osure, restaratian ar manitoring work required by any f�deral,
sta#e or focal gaver�mental agency ar political subdivision, or otherwise
expended in connection with the existenc� of such wast�� ar violations of
env9ranmental requirements, and including without limi�ation any attorney's fees,
costs and �xpenses incurred in enfarcing th�s Agreement or callecting any s�ms
due hereunder; and
(c} Liability ta any third person or governmentaf agency #o indemnify such persan or
agency for costs expended in connection with the items referenced in
s�bparagraph (b) �terein.
Environmentaf requirem�nts means all app[icable present and future statutes,
regulatians, �rules, ordir�ances, eodes, licenses, perm9ts, arders, ap�ravaEs, plans,
authorizations, caneessions, tranc�tises, and simi[ar items, of alEgo�ernmental agencies,
departments, commissions, boards, bureaus, ar instrumentallties of ihe Uniied States,
states, and poli#ica� subdivisions thereof and ali applicable judiciaE, administrati�e, and
regulatary decrees, j�dgments, and orders relating to the protectior� of �uman health or
#he environment, including without lirnifafiian:
(a) All requirements, including but nat Eimited to those pertaining to �reporti�g,
licensing, permitting, inves#9gation, and remedia�ion of em9ssions, disci�arges,
releases, or threatened reieases of hazardous materials, polEutants,
contaminants, or hazardous or toxic substances, materials, or wastes wheiher
solid, liquid, or gaseous in nature, inta the air, surFace water, groundwater, storm
water, or land, or relating to t�e manufacture, pracessEng, distribution, �se,
treatment, storage, dispasa[, transport, or handling nf pol[utants, cor�taminants, or
hazardous or toxic substances, materials, flr wastes, whether soiid, liquid, or
gaseous in nature; and
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(b) All requireme�ts pertaining ta the pratection of the hea�th a�d sa�ety of
employees or the public.
Force maieure means decrees of or resfraints by a goverr�mental instrurnentality, acts ofi
God, wo�k stoppages due to fabar disputes or sfirik�s, faifure of Fort Worth's •�
contrac�or(s) to �erform pursuant to their agre�ments with �ort Workh �ar �he cor�duct of
the co[lection of househo�d hazardo�s waste, fires, explasions, epidemics, riots, war,
rebellion, and sabota�e.
Househofd hazardous waste (HHW� means any solid waste generat�d in a ha�sehold by
a consumer which,� except for �he exc[usion provided for in 4D CFR § 261.4{b)(� ), would
be classified as a hazardous was#e under 40 GFR Part 2G1.
Manifest means th� uniform hazarda�s wast� manifest form(s} furnis�ed by tY�e TNRCC
to accompany s�ipments of municipal hazardaus waste or Class 1 industrial solid waste
for waste transparted to a siie in Texas, ar the comparable manifest af the r�ceiving
state if the waste is fransported vut o# Texas.
Mobile co�lection ev�iit means a l�ausehold hazardous waste coilection event by
Participating Ciiy utiiizing a mobile collect€an unit.
F'ort Worth Mobile collectian unit (MGU� means a nan-self-prapelled ve�icle used for tha
periodic collection of househald hazardous waste by Participating City, off site af the
ECC, which 9s trans�orted to the ECC to dispose of the household hazardaus waste
collect�d at t�e mabife collectian eveni. The Fort Worth Mobile Coliection Unit is
d�signed #o ho[d the hazardous waste af approxirnately 5Q to 75 houseF�olds.
Par�iciqatir�a Cities, when used ir� the piural, means Fart Worth, Par�icipati�g City, and ali
oth�r entities which have entered into �nterlocal agreemer�ts wi#h Fort Worth for the ECC
househald hazarda�s waste ca[I�ct+on program.
Persar� mear�s an individual, corparation, arganizafion, gc�vernment, ar gavernmen#al
subdivision or agency, b�siness trust, partnership, association, or any otf�er legaf entity.
Wast� has the same meaning as "solid waste" as that term is defined in Texas Heaath
and Safety Code §361.003, and including hazardous substances.
B. Un[ess a provision in this Agreement exPlicitly state� otherwis�, th� fol�owing
abbr�viatians, as used in this Agreement, shall have the meanings hereinafter
designated. .
CERCLA - Camprehensive Environmental Res�onse, Cflmpe�sat€on, and Liabi�i#y Act.
CPR - cardiopulmanary resuscitatifln.
DOT - United States Departm�nt af Transportat9an. �
ECC - Environmental Collectiar� Center.
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EPA - United 5tates En�ironmental Pratection Agency.
HAZCAT - hazardous categorizatia�.
HAZWOPER - hazardous waste operations and emergency response. -�
HM - hazardous materials.
HHW - househaEd hazardous wast�.
MCU - Mobile Collection l]r�it.
2.
PiJRPOSE
TF�e purpose af t�is interlocal agreement (her�after "Agreem�nt"} is the provisian of services by
�ort Worth to Participating City whereby, subject to th� terms a�d canditions speci��d beiow,
Fort Worth will administer and 5lJP£NISB a regional househald hazardous waste collection
program, which wiil be availa�l� ta househalds within Par�icipating City.
3.
TERM
This Agreement shaU be effective from the date the last party has sign�d t�is agre�ment
through September 30, 2002.
4.
SEf�VICES OF �ORT WORTH
For� Worth agrees to pertorm the following services for Participating City in connection with the
ECC hausehold hazardous waste colleetian pragram:
A. Fort Wo�ih will adminisfi�r a regional E�ousehold hazardous waste collection program.
This program wili inciude the aperation of the �nviror�mental Collection Center, which
will acce�t for disposal and/ar recyc[ing househoid haza�dous wast� from houseF�olds
loca#ed within Participating City. Fort Worth shall not accept campressed flammable gas
contain�rs; radiaactive materials; explosives ar patentially shock sensitive mater9als;
biolog�cal, etiologic, and infectious materials; wastes from businesses; and any otfi�er
wastes that Fart Worth has determined are unacceptable.
B. �ort Worth will employ or retain personnel to pr�vide #he se�-vices necessary to perform
Fort Worth's obligations in this Agre�ment.
C. �ort Worth will enter i�ta a contract(s) with waste disposallrecycEing firm(s) for the
handling, collec�ion, transportation, storage, CI15�Q&8i, treatment, recovery, andlor reuse
of househo[d hazardous waste, which is col{ected at the ECC.
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D. Fort Vllorth will, if requested in writing by Participating City, provid� Par�icipating City with
copies of wasie manifests far sh�pmants af waste #ram the ECG.
E. Fort Warth wifl, if req�est�d in wriiing by Partieipating City, �rovide Participating City a
manthly report of the Pariicipating City's househalds who dispased of household
hazardous waste at the Environme�tai Callectian Center or a Mabile Collect9or� Event. -�
F. For� Wor�h will issue a report a�d a bil� at ihe end af each quar#er detailing the number of
Participat�ng City"s households that disposed of household hazardous waste at the
Enviranmental Col[ectian Center or at a mobile coll�ctio� event.
G, Fort Warth will act under ihis Agreem�nt irr accardanc� with all applicable s#ate and
fe�ieral laws.
H. Non-Fort Wor#h Mobile Collection Unit
1. Fort Worth agr�es to accept hausehold hazardous waste from Participating City's
MCU in accordance with Section 5, of this agre�ement.
2. For# Warth agr�es to restock the items it remaves firom Participating City'sMCU,
however, Fort Worth shall only rest�ck items listed in �xhibif "A", attached and
incarporaied herein as if set fart�.
I. ' Mobi�e Collecti�n Eve�ts —Usina Fort Worth's Unit
1. If Participating City wa�ld like to scl�edule a mobile callaction �vent wit�
the �ort Worth Mobile Collection Unit, Fort Worth wifl send Pariicipating
C9ty a list of availabl� dates. Participating City wi11 contact Far� Worth as
soon as poss�bfe ta scl�edr�le the date, time and lo�atian agreeable to
both parties,
(a} Location
!f Partic�pating City chooses to �old the Mv�ile Collection E�ent on
private property, Part�ci�ating City shaN obtain a signed wa�ver
fram fhe owner of the property � week prior to the e�ent. The
waiver shaH b� in the form af Exhibit B or simifar form appro�ecS by
�ort Worth. The signed waiver musf be sent ta Fort Warth 1 week
befor� the Mobile Collection Event. If the signed waiver is not sent
to �ort Warth 1 week before tne Mabile Colfectian Ev�nf, Fort
Worth will not send the �ort WortE� Mobile Collec#ion Unit to the
event and Participating City w�ll, in nv �ven#, be entitled to any
damages af recovery of any casts, �xcept as provided her�in.
(b) Available Dates
Pa�ticipating City acknowledges that Fort Warth caRtracts wifh
other municipaliti�s and that Fort Warth wi1E be accommodating
each Pariicipating City's request on a�rst come first served 6asis.
Therefore, Par�icipating City ac�cnowledges fhat its chasen date to
sche��le a mobil� callection ever�t may be reserved by another
City and Participating City wifl have to chaose another date.
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Participating City willT [n n� svent, be entitled to any damages or
recovery ofi any casts, except as �rovided herein.
2. At the Mobi�e Collectia� Event, Par�icipating Ci�y acknaw�edges and agrees thai
Fort Warth shafl accept household hazardous wasf� from the first 50 househ�lds
that shflw proof af residency at the Mob��e CaElection �vent. After th� first 5� -�
ho�seholds, Fart Worth will determine in its sole discretion how much mare
was#e it can accept and store properly. If mor� hous�halds arriv� at the ev�nt
than �or� Worth can accept, Particfpatin� City wilf in no event be entifled to any
damage of recavery af any costs, except as provided herein.
3, Due �o the�lacEc of storage space at the ECC, Participafing City ac�Cnowl�dges
and agrees fhat if it requests the Fort Wor�h Mabil� Call�ction Unit at a mobile
collection event, a Par�icipating Ciiy's Non�Fort Warth Mobite CoElection Unit s�taf�
not also be at the event. �
4. City, in its sole discretion, wi[I determin� wheth�r to send the Fori Worth Mo�ile
Coilection Unit to Pa�ticipating City`s CoiEection Event during adverse weather or
the threat of adverse weather inci�ading but nat Iimited to sleet, snow, rain, mis� or
hai[. In the eve�t Fori War�h determines not to se�d the Fort Wor�h Mobi[e
Collection lTnit, �'ort Worth shall noiify persons listed in 5ection �, PaCagraph A
and sha11 send a Fori Worth emplayee to fhe Participating G�ty's event ta tell any
residants that come fa dispose of housei�old hazardous waste; �) that the Fort
Warth Mobile Collec#ion Unit wilf not be caming io th� �vertt, an�, 2) t'�at the
�resident can go to the ECC to dispase af the waste and provEde a map to fl�e
ECC.
5.
DIJTI�S OF PARTICiPAT1NG GTY
Participatin� City agrees to perForm the foilowing duties in connectEan with the household
hazardous waste callectEan prog��m: �
A. Participating City will des9gnate one of i#s employees, and another as an alternate, to a��
as its household hazardous waste collection coordinator to Enteract wffh Fort Wa�th.
Designated person is: F�evin �ralicks teEephane number: (s1�) 9�2a�so1,
Pager number ar 24-hour number wh�re he or she can be reache�: [8171 �'13-0�80.
Altarnate person is ��mes Huahes telephone num6er: {8'!1) 952 2302
Pager number or 24-hour nurriber where he or she can be reached: {��'�7? T13 0�8'� �
�, Participating Giiy will coardinate and fun� all program advert9sing tar�eted to its own
citizens, as it deerns necessary. Such ad�ertising sha11 include the ty�e af wastes that
w�l1 be accepted at the ECC, fihe requirement of proof of residency an� weather
canca11at9on i�forrrmation.
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C. ParticiPatin� City shall noti#y its residents of the ECC hours o� operation and dates it is
closed as pravided in Sectian 9"The Environmental Coflection Ce�ter Nours a�
Operation."
D. Participating City may choose ta utifize a voucher system for its residents in arder for
them to bring HHW ta fF�e ECC. If Participating City chaoses ta use such a system, it -�
shall natify Fort Worih of the decision, and sha!! pro�ide Fort Worth with a copy of the
official voucher. In addEtion, if a citizen from a Participating City ihat utilizes a �oucher
system comes to the ECC ar a mobile collection ev�nt wifhaut a voucher, Part9cipating
City acknowledges and agrees that Fort Wort#� will not ace�pt the hous�f�old hazardous
waste until Participating City authorizes the acceptance in writing.
E. Participating City may submit a written request fia� a monthly report listing the number of
its city's house�olds �F�at have disposed of housef�ald hazardous waste at the ECG or a
mob�le collection event,
F. Participating City shall provide traffic control and signage for tF�e mabile colfectjnn
even�s, and shalf provide �ersonnel to assist �ort Wa�th with the survey and screening
o� persons drapping afF household hazard�us waste. The parties priar fo the ever�t sha11
agree upon the deta9[s of the traffic control, signage, and personnel assistance,
G. Part€cipatin� Citv's Mobile Co�lection llnits Co1[ectinq Household Hazardous Waste
'�. Participaiing City s�alE ad�ise tt�e ECC program manager at least 72 hours in
advance af its mo6ile callection events. Participating City shall collect only HHW
during a mobile collection event. V4'asfes from cammercial, agricultural, and
industrial sources sha11 not be accepted. I'ar�icipating City sMall �ot acce�t
compressed flammable gas cantainers; radiaactive materials; explosives or
potentially shock sensitive materials; biological, etiologic, and infectious
materia[s; and any other wastes fhat Fort Worth has determined are
�naeceptabie.
2. �� accordance with the latest �OT requirements, Participating City's MCU
operators will properly categorize, pac�Cage, mark, label, and laad into the MCU,
all wastes r�ceived at the mabile collection event. Recyclabl� prflducts (usec4 ail,
used oil filtersr laiex paint, recyclable anti-freeze, lead-acid batteries, and
fluarescent Eigt�ts) wifl be segregated inio cantainers for recyclables.
3. After accepting wastes, Participating City's MCU operators shall #horoughly
check each container for peoper (abeling and identificat€on. If a cor�tainer is
• properly identified, the ma#erial will be segregaied according to hazard class and
prepared for packaging. If a cantainer does not have adequate labeling to permit
identificatio�, the MCU ope�ators shalf then aktempt to identify the material from
its physical character�stics using HAZCAT ana�ysis and from infarmation pro�ided
by fhe ho�sehold presenting the waste.
4. The Participating City's MCU opera�ors shall packa�e all hazardaus mat�riats in
accvrdanc� with United Stafes Department af T�anspartation (DOT)
req�irements, United States �nvironmental Protection Agency (EPA)
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requiremer�ts, and a�l other applicable federai and state requiremenis. After all
the wastes have been praperly id�ntified and segregated, the MCU operators will
reexamine the wastes for compatibi[ity, fisi them on the container ca�tent sheets,
and pack fh�m into drums. Oil�based paints and latex paints shall be b�lked
separately in �5-gallon �r�ms, or if fhe painf is left in ifs container, the paint can
be pack�d in a fined cubic yard box, and packed and labeled aceording.to federal -�
and state regulations. Participating City shall not transport waste that is not HHW
to the ECC. Participatin� Ci�y agrees t� maCce its own arranger�ents to dispose of
any non-HHW waste cflflected at the event.
5. Priar to transpori9ng the HHW from the collection e�ent site{s), Pariicipaiing C9ty's
MCU operators shall complete a Bill of l.ading, and shall keep the Bi11 of Lading
ir� the cab of �f�e truck hauling the MCU during transportation o# the HHW fio th�
ECC. Participa#ing City shall re�uire that a minimum of one capy of the latest
North American Emergency Response Guidebaok be kept wiihin �he cab af the
truck.
G_ Durin�g trans�or�at9fln, Participating Cify"s MCU operatars shall placard the MCU
far transportati�n of hazardous waste in accordance with federal and state law.
7, llpon the return of t�e MCIJ to ti�� ECC, Participating City's MCU operators shalE
follow the instructions of Fart Worth regarding #h� pfacement of the MCU for
unloading. Fort Worth sha11 take passession af the MCU from Participating City
after the MCU has been proper�y parlced fflr ur�laading [n accordance with Fork
Wnrth's instructions and all required doc�ments have been defivered to the ECC'
pragram manager or his designee at the ECC. �ort VllortF� sF�all, within a
reasonable amount of time, unload the HHW from the nan-Fart Worth MCU and
store the HHW at th� ECC.
8, If Fort Worth, in its sale discre#ion, determines thai Par�icipating City's MCU
operators improperly packaged any� of the HHIIV del9vered to the ECC, Fo�t Worth
shall repackage such waste, and Par�icipating Giiy s�a11 reimburse Fort Worfh as
set farkh in Section � 0., Para�raph B.
9. ]f a spill occurs at the ECC while the MCU is still in Partici�ating Cify's
pass�ssion, �ort Wortn sha[I take car�trol of the spill response and Participating
City will reimburse Fort Worth for its response casts as set forth in Sect�on �0.,
Paragraph C.
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USE OF WASTE DISPOSALIRECYGLING FIRMS FOR HOUSEH�LD HAZARDOUS WASTE
A. �ort Worth will enter into a contract(s) with waste disposallrecyc{ing firrn(s} for the
hand�ing, colleeiion, transpa�atian, storag�, d�sposal, trea#ment, recovery, an�lor reuse
of household hazardous waste, which is collecied at the ECC.
B. Such �irm(s), shall be required pursuant ta tf�� coniract{s) to assum� generator status for
the waste callected, (excluding used oil, lead-acid batteries and anfifreeze) to choase a
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disposal site far the was#e subject to Fort Worth's approval, and to indemnifiy Fort Worth
and participating citi�s against any a�d a[1 environmental �amages and tf�e vialation of
any and all environmental req�irements resu{ting from the F�andling, coqsctian,
franspor�atian, storage, disposal, treatmer�t, recovery, andlnr recycling of waste callected
pursuant to this agreement, when said enviranmer�tal damages or the violation of said
environmental requiremenis was the result af any act or omission of contractor, its -�
officers, agents, employees, ar subcontractors, or the joint act or omission of contractor,
its officers, agents, employees, �r subc�ntractors and any ather persor� or entity.
C. i�l� �p►RTl�S RECOGNI�� i�IAT ALTkIOUGb ib� F1R1Vf (S) WILL �� R�Q4J[RED
i� A►SSUIV�� G�N�RATOR STAiUS, iH�S ASSIJIIA�'YIOAI 1,VIL� RlOY ��LIE1l�
P�►RTlC1P�►iI�IG CIYY O� LIA��LlYY ��� f HC Wi4S�� UiVQ�R ��C��RA� ��4W
AR�D SiATE LAW. Fort Wort� will arrange for recycling vendors for used oil, �afteries,
antifr��ze, and other materials, as it deems appropriate.
7.
R�USE OF COLLECTED MATERIAL.S
A. From time-to-time Fort Worth will make available to residents and businesses af Fort
Worth, as we1l as, F'articipa#ing City and residents and businesses of Partic9pati�g City
for th�ir use, collect�d hous�hold hazardous waste materials that are sultable far reuse,
such as paint, f�riilizer, motor oil, and antifreeze. Fort Worth shalE not charge fiar any
materiafs that are picked up far reuse.
B. Some materials made avaifable fflr reuse may have been consolidated and filter�d by
Fort Wortt� pr�ar to being made a�ailable� lJsed antifreeze will have been consalidated in
a barrel, filtered, and pH balanced, and new antifreeze may have been added to the
i�arrel.
C. In regards to materiafs accepted by Participating City, F@�i 1�IORib i�A►F�ES f��
R�PRES�[VT/��I�NS, WARRANiI�S Dl� GUAf2ANil�S iHAT:
1, tf�e container contents are what the label indicates;
2, the container contenfs are those originally pfaced into the container by tt�e
manufacturer;
3. #i�e product is of the quafity intende� for its use;
4. the contents of the container have been stored properly;
5. the instructians on the container fabel far use, stflrage, and ffrst aid are current ar
correct;
6. the container is in unimpaired candition;
7. the pro�uct is still approvad fiar use (i.e., it has not �een barined or recal[ed); and
8. the praduct can be used wifha�t risk to persons, property or the environment.
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�IJRiH��MOR�, A�,L WARRAIViI�S, �XP��S� AM� IMPLI�I], A��
SP�CI�IC/��l�Y ��PIIF�.
�. Participating City shall contact the ECC pragram manager to arrange a pickup fime to
obta9n materials. Participafir�g City agrees fihat it shall nat return #oFort Worth, direc#!y ar -�
indirectly, any materials it obtains from Fort Worth under tY�is pa�agrapn.
E. W��{��+��5 i0 MA'i�RIA�S �,CC€�'i�� �Y . PARiICI��i1N� CIiY,
�'�►RTICI#�i4,[lNG CITY D0�5 H�REBY WAIV� /��� C�Alll�S, I[dCLIJ�It�G
PROpUC�S �IA�IL.ITY GLAlMS, A�ND Ft�L�AS�S, AN9 HOLDS HA�111fL�SS TH�
CIY'Y O�' V�ORT WO�iH, �►N� ALL O�' I�S �F�ICIALS, O��IC�RS, �iNP�.OY��S,
AC�NiS, AN� V��UNiE�RS, lN BOib iHEI� �U��IC A�ID PR1VA�'�
CAPACIYI�S, �ROM ANY AfVD ALL I�IA�ILIiY, C�AIMS, SUITS, �GMANDS,
�XPENS�S OF [.fi[GAYION, OR CAUS�S O� ACTION WH�CH I�IAY ARkS@ �Y
REASON OF INJURY i0 PER50N5, LOS5 OF ��OP��iY, DAMA(�� YO
PROPE�TY, OR LOSS OF LJS� O� AR�Y PRO��RiY , OCCASION�� �Y ibE
i�1VSPORiAil01�, SiORAGE, HAN��IIVG, US�, AN� �ISPOSAL �3Y
�ARiICiPAiING GIiY O� /�NY [UTATERlALS ACC��i"�D �Y P�4R�IC1�A71P1G CITY
lJM��R iHIS AGRE�flA�Ali �ROiVI FOF2Y WORiH.
�, ln regards tn materials accepted by reside��s or b�sinesses of Parfiei�ating Citi�s,
1�O�Y WORib MAK�S NO Ft�PR�SENYA�lDNS, WARRANiI�S OR CllA�►N�I�S
�'[-lA�': �
1, the container cflntents are wnat the iat�el 9ndicate:;
2.
3.
4.
5.
6.
7.
the container cante�ts are those ariginalfy p�ace� into the container hy �f�e
manufaciurer;
the product is of the qualifiy inter�d�d far its use;
th� contents of the container have been stared properly;
the insfiructions on ihe container label far use, siorage, and first aid are current or
carrect;
the container ls in un9mpaired condition;
the praduct is stiEl approved for use (l.e., it has not beer� �anned or recalied); and
8. the product can be used withoUt risk to persons, property or t1�e en�iro�ment.
V�llRiH��NSOF��, �LL WARRA�TlES, �XPR�S� �4N� IIViPLI��, AFtF
S��CC�IC�►�LY D�Ni��.
G. Participating City shal� attempt to infarm its residents and
tf�� Environmental Collection Center to piclt up hat�sehold
release of liability must be signed ta acc�pt the househald
b�sinesses that if they go tv
hazardous waste for reuse, a
hazardous waste for reuse.
10
8.
RIGHT i� RE�USE WASTE
Participakir�g City agrees that Fort Worth sha[I have the righi to ref�se ta accept wasfe at the -�
ECC fram PartEcipating City's residenfi and ta e�ect such individual from the premEses of the
ECC, if in the reasanable judgment of �or� Worth:
A. The waste is naY house�old hazardous waste;
B. The waste fails to me.et other esfa�lisY��d criferia establisf�ed by t}�is Agreement, or #hat
hav� been esta�[ished by F'ort Worth subse�uent to the �xec�fion of the Agreemer�t;
C. The individua� does not have su�cient identification ta esfablish that helshe is in fact a
resident of Participating City; �
D. Participating City has imp[emented a voucher system for its residents tv dispose of
waste, and tF�e in�ividual does nat have a valid voueher; or
E. The waste ar the individual presen#s a hazard ta the ECC or to persans or �roperty at
the ECC,
9.
ENVIRONMENTAL COLLECTI�N CENTER HOURS AND DAYS
�F �PERATION
A. Hours of Operation
During the term of the agreement, fhe ECC's hours af aperation are as fallows:
Thursday and Friday 11 :00 a.m. -7:Q0 p.m. -
Saturda� 9:00 a.m. -3:00 p.m.
B, Days the ��vironmental Callection Center wil� be ciosed
During the term of the agreement, th�e ECC will be ciosed on #he following days:
Thanksgiving Holi�ay, November 22 -23, 24�1
Christmas Holiday, December 2q�� 2�, 2001
D�cember 30, 2401 thraugh January 11, 2002, for cleanup an� repairs
M.L.K. Day January 21, 20Q2
- M�mari�l Day, May 27, 20D2
Independence Day, July 4T 2002
Labor Day, September 2, 2002
C. Not�fying Rssidents
Parkicipating City agrees to not9fy its r�sid��ts of the ECC's haurs c�f operatian a�� dates it will
be cEo�ed. Partici.pating City may adverfis� tne 24-hour L�nviranmenta! Caflec#ion Center
1 'I
telephone num�et to give its residents the En�ironmental Collectian Center's hnurs. The
nurnb�r is; (817} 871-5257.
10.
C�MPENSATI�N
As fair compensafion for the services provided by Fart Worth pursuant to t�is agreemer�t:
A. Par�icipating City agrees to pay Fort Wo�th the sum of $60.OD per household per visit to
the ECC or �er household for �articipation in a Mobile Call�efion Event to dispase of
household hazardous waste.
B. !f Fart Worth determines that Parkicipating Cify's MCU operators improperiy packaged
any of t�e HHW delivered to the �CC, �ori Worth s�al! repackage such waste, and
PartEcipating City sY�af{ reimburse Fort Warth for it staff time at $20,a0 an hour and the
cast of s�pplies.
C. If a spiEl occurs at th� ECC while t�e Non- Fa�t Worth MCU is stilf in Participat�ng Cityr's
pDS5LS5�Q�l, Fort Worth shall take contr�f of the spi[I respanse an� Part�cipating Ciiy wikl
r�imburse �ort Wartn for its response costs a# $60.a0 p�r hour staff iime and #he cost of
supp[ies.
D. The amaunt due to F�r� Worth for services provided under this Section, ParagrapY�s A,
B, and C, shall be billed to Participating Gity quarterly. Participating Ci�y shall pay Fort
Worth within 30 days ofi recei�ir�g a bill from Fort Warth. If Fflrt Worth does not rec�ive
payment wifihin 3Q days, Fart Worth shall inform Participating City in writing that i# wip not
accept any household hazardous waste from f'ar�icipating City's residents .and #hat Fort
Warth will not participate in a mobife collectior� ev�nt or provide a mobile callec�ion unit
until paid. �
E. At the end o'f the term of this Agreement, Fori Worth shall provide a f�na1 accounting to
Participating City, whEch wi{I include the total number af Part9cipating Gity's households
which partici�ated in tF�� program, repackaging fe�s, if any, and the tatal cost of spill
response charged' to Participating City, if any.
F. Pursuant to ths requirements of Government Code §791.091 (a}(3), the amount d�e to
Fort Worth under Subparagraph D. above shalf be paid from revenue� currentfy
avaifable to Participating City in the present �scal year.
�
12
11. �
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROM�TIaNAL MATERIA�S
�.[CENSE AGREEMENT
Fort Worth is the owner af "Capfain Crud" and the Cruddies ("�[oom�r," "O�to," "Pesfie,
r'Scr�b,`" and "Van Coo"1 "Conquer Your Crud," and "G�ud Cruiser", and therefare al! -�
own�rship rights befong to �ort Warth. �'ort Worth has regist�red these marks as service marks
with the 5ecretary of State.
A. F�rt Worth hereby grants to Parkicipating City a non-fransferable, non-exclusi�e iicense
to use all the arkwark and promot9onaf materiafs that may be pravided by Fort Worth to
be used saleiy in the con�uct af the business of Participating City's disposal and
recycling of household hazardo�s wasfie pragrams. If Participating City wishes to use to
Licensed Art andlor Promational Materia[s in other limited situafions, Participating City
must first abtain express written consent fram Fort Worth.
B. Fort Worth may provide licens�d Artwark and Pramotional Materials to Pa�ticipating City
pursuant to the #erms of this Agreement Participating City acfcnawledg�s #ha� by virtue
of this �.icense, Participating City acquires only the right to use the origina! and permitted
duplicate copies of #F�e Licensed Artwork and Promotional Materials and c�a�s nat
acquire any rights of owne�ship in the Lice�sed Artwark and Promotional Materials,
which rignts shall remain exclusively with FQrt Worth. 1fi Participating City wants ta maci9fy
or change the artwork and/ar promotianal materials in any manner, Participating City
hereby agrees to contact Fort Worth in writing to obtair� written consent b�fore modifying
or changing any artwork an�lor �romoiianal materials. •
C. if Participating City desires an actor to portray "Captain Crud" for an event, Participating
City s�a�l use actors approved by Fort Worth to portray "Captain Crud" since "Captai�
Crud" is aw�ed by Fort Worth. Part9cipating CEty shatl be solely respansible fior
compensating actar far the services provided to Participating City. P�rticjpating City will
canfact Fort Wort� as soon as possible with the date and time of the even# agreea�le to
both parties to obtain approva! far the chosen actor and to request and pickup the
"Captain Crud" castume for its events. Fort Warth will provide the "Captain Cru�"
cost�me. Hawever, Participating City agrees to be liable to Fart Warth for any damage to
the costurr�e or if Participat9ng City fails ta return the entire cosiume to Fart Worth or if
the costume is nat re�urned 9n the same candition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the exec�tian of this Agreemen#, none of the
participating cities waives, nor shall be h�reby deemed to waive, any immun9ty Qr defense tF�at
w�uid otherwise be avaitabfe to it against claims arising in the exercise of governmental powers
and functinns, and tha# the services described in this Agreem�nt are a gover�mental function.
13
93.
F�RCE MAJEURE
A delay or failure of Fort Worth to perform servlces p�rsuant to ihis Agreement shall �e �xcused
to the extent fha� t�e delay ar failure to pertarm resulted from a force majeure evenf, and �he
d�lay or failure was �eyond the control of Fort Worth and nat due to i#s fault or negligence. •�
Participa�ing Cify sh�ll not have, and hereby waives, any claim whatever for any damages
res�lting from defays or failure to perform caused by a force majeure event.
94.
TERMINATION
The par�ies shall each have the right ta term9nate the Agreement for any reason, with or withaut
aaus�, upon thirty {30) days written notice fo tha other �arty, lJpon termination, the parties shall
be released fTom all contraciUal obligations ta the other party excluding "USE O� WASTE
DISPOSAURECYCLING FIRMS F�R HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF C�L�ECT�D MATERIA�S° (ParagrapY� 7) and "ARTW�RK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LiCENSE AGR�EMENT'
(Paragraph 11). .
15. ,
NOTfCE
Any notices required to be give� un�er this Agreement shal! �e delivered as follows:
!f to �ark Worth:
Bria� Boerner, CHMM, Directar
Depar#ment of Environmental Management
Gity of F'art Warth
1000 Thrackmorton
Fort Worth, Texas 761 a2
If to Particioatina Cjtv:
Kevin �rafic�Cs, �arks & Communit� Services �irector
C itv nf �edfo rd
2000 Fnrest Ridae prir►e
Bedford. 'fX i6021
1 B.
ENTIRETY
This Agreement co�►tains alE commitments and Agreements o# the parties hereto, and no other
orai or written commitments shall have any force or effect if not co�tained herein, exc�pt tnat
tf�is Agreement can be amended ar madified by the parties if such amendment ar mvdificatian is
in writing and signed by Participa#ing City and F�rt Wor�h.
�4
17.
SEVERABiLITY
In the event anyn�e or more af the provisions contained in tt�is Agreement sha{I for any reasan
be held #a be in�alid, illegal, or unenforcea�le in any respect, suc� invaiidity, Ellegality, or �
unenforceability shal! not affeci any other provisian tt�ereaf and this Agreemen# shall be
construed as if such invalid, illegal, ar u�enforceable provisions had never beer� contained
f�erein.
'I 8.
VENUE
Shauld any action, r�a� or asserted, at law or in equ9ty, arise out of the terms and condit9ons of
this Agre�ment, venue for said action shall be in Tarrant County, Texas.
19.
AUTHORITY
This Agreement is made for Fo�t Worth and Participating City as an Interlocal AgreEment,
pursuant io Texas Gavernment Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers andlor agents of if�e parties hereta are properly authorized ofFicials
and have tt�e necessary autha�ity to exec�ate this Ag�eement on behalfi of the parties hereta, and
each party hereby certifles to the ather that any ��cessary resolutions extending such authority
have �een duly pass�d and are now in fuH farce and effecfi.
�5
EXECIJTED !N TRIPLICATE
C1TY OF' �ORT WORTH
By. /Th
, y ,��-
� �" �
L by Wats
Assista�t Cit� Ma ager
Date: /�/t ,.�01
� i
APPROVED AS TO �'ORM
AND LEGALITY:
By: , y � ��
e _� .
� << �
_
Print�1 r�me: "� �� � �
Tifle: Nf-ayor
Date: �� \ �,��F7'���
APPROV�D� S TO F'
AND LEC,�(CIT,1�: , ''
_ `� ►
r � �
�
� Glty, P�t'fg�i�
ATTEST:
k h�,_ _ � 9. 2�
City S cretary �
� � �� �
Cantract authorization
r�/�/��
Daie
�
���Q��Q� �����° �
�p�� s����r���
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, , ,,
,�y� �,. ��
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.
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�loria Pea�sor�
City Secretary
Exhibit "A"
R�SiOCFtIf�G �I�`� ��R ib� l�OBlL� �O�L�CiION UNIi
�iaferial � Amaun� �estoc�Ced � Specfal Needs � Remar�s ��
55 gallon flpen top Amount taken off the
drums (open top for trailer �
loose packs)
55 gallan drums Amount taken off the
(clased top} (oil, trailer
an#ifreeze, bulk
flammabfe materials
and one extra)
Fif�er dr�tms (55 or 30
gallon) Aerosols, Amount talcen aff the
acids, bases and trailer
oxidiz�rs)
GayEard box [iners -
(plastic) Amaunt taken oif the
trailer
55 gailan drum liners
� Amount taken off the
trailer
5 gapfln buckets
{filferslhaz �hemicals) Amo�nt taker� off the
trailer
Survey Forms
Amoun# taken �ff the
traifer
Labelsldrum placard
Amount taken aff the
trailer
Gaylord boxes
Amaunt taken off the
traifer
Absor�ent pads
Amount taken aff the
trailer
Vermiculite
Arnount �aken off the �
trailer
Oil dry
Amount ta�Cen off the
trailer
Promotional Materials
& Brochur�s Amount needed
'f 7
ExF�ibit "B"
WAIVER AND REI.EASE OF' LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I�ein� the owner of �roperty located at .
ha�e �een asked by the City a� to allow a mobile collecfion
event on my praperty to collect ho�seF�old hazardous waste on the , 2001,
In consideration of , I hereby give my permission to the City of
to hold a househald F�azardous wasfe cofleciion �vent on my
property in which the City of has asked �he City of Fort Woeth
to send its mabile coll�ction unit to collect tF�e hausehold nazardous waste that is brought ta the
event.
Tharefore, in cansideration of , I hereby RELEAS�,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City o# For� Worth or its afficers, agents,
and emplayees an� #he City of and its officers, agents,
andlor employees for any and.a[I claims, demar�ds, fiability, causes of action, actions or suits of
any character that I may ha�e against the City of F'ort Worth or its officers, agents, andlor
employees and th� City of or its off'�cers, agents, andlor
employees for any property lass or damage, �or any and all personai injury including death or
any ather damage of any kind ar character which may arises ar that arises fr�m allawing th�
City of to hald a househald hazardous waste caflection E�eni, ir�
which the City of Fort Worth sends its mobi�e coilection unit on my praperty.
I have read this Waiver and Release and fully understand its terms and conditions. I have not
been influenced in any extent whatsoever by any representatian ar statements not contained in
this Agreement. I hereby acknawledge tf�at #his Waiver and Release is given in consideration of
5ignature Date
Witness
18
City of ` �ort Wo���, �"exas
- � ;-
� - �� �� �� � - � _�
����n���t�o�
DAT� REFERENCE NUMBER LOG NAME PAGE
�0191Q1 �`*�-�877� 52COL�ECTION .l .__.._ 1 of 2
suB�ECT APPROVAL OF INTERLOC L AGREEMENTS WITH VARIbUS MUNICIPALITIES FOR
THEIR PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
REC�MMENDATION:
It is recommended tY�a# tFte Ci#y Counci! authorize the City Manager to execute Interlocal Agreements
with varEous municiPalitieslentities for their participatian at the Environmental Collect�an Center.
DlSCUSSION:
The City's En�ironmenta! Collection Center is now in its ffth year af aperation callecting house�ald
hazardous waste from the citizens of Fort Worth and surrounding cammunities an a year-round basis.
In order for non-�ort Worth citizens to participat� at the center, each municipafity is required to enter
inia an Interlocai Agre�ment with the City of Fort Worth.
Last year, 23 area communities s�gned participation agreements with th� City. F'or #he u�pcoming year,
we expect that num�er ta rise to 24 c�mmunities. The rate par household for the period cavered by
thesa agreements {October 1, 2�Q1, thraugh September 30, 2Q02) is $�0. It is anticipated that
approximat�ly $3DO,OQO wiil be collected under these agreements.
This agreement outlines the respansibiEit�es af each party, establishes the rate for participation, and
del�neates the use of service-marked �Ub1ic educatior► material. The City is respansible for the overalf
operation of the center, inciuding con�racting with a hazardous was�e disposal company far
transportation an� disposal of materials callected.
The following entities have expressed a� intere$t or ha�e already commi#ted to participation for the
periad October 1, 2001, thraugh 5eptem�er 30, 20D2:
Arlington*
Benbraok
Everman*
Grapevine
Ke�ler
Richland Hills""
Stephen�ille
lJnincorparated Tarrant County
Azie
Burlesort
Euless
Haltom Ci#y
Newark
River Oaks
Southla�Ce
Venus
Bedford
Colleyville
Grand Prairie
Hurst
North Richland Hills
Saginaw
Upper Trinity Regional Water
Watauga
*These municipalities are expected to pariicipate, but have not yet returrsed their apprnved agreements.
�'ity of �ort �orth, T'exas
M���r ��� C������
DAj�
� o��fo �
SiJSJECT
�or������t�or�
R�FEREI�CE NUMBER LOG I�AME NA(3�
**�_�{ ��77 52COLLECTION 1 2 of 2
APPROVAL OF 1NTERLOC L AGREEMENTS WITH VARI�US MUNICIPALITIES F�R
THEIR PARTICIPATION AT THE ENVIRONMENTAI. COLLECTION CENTER
FISCAL INFORMATIONICERTIFICATlON:
The Finance Director certifies that the Environmental Management Department will 6e �esponsi�le far
the collectEon and deposit of funds due to ihe City under these agreements.
�.W:k
Submitted far City Manager's
Oft�ce by:
Lihby Watson
Originating Department Head:
G183
Bria� Soemee &fl79
1 FiiND
( (co}
R103
�
� {from)
' ACCOUNT
488220
CENTER I A.MOUN�' CI'TY SECRETARY
052'{ i 00
�
�
� APPROVED 1fl109101
DATE
1019101
SUBJ�CT
C'ity of'Fort T�orth, �'eacas
�i���� �r�� �o����l
Co�a�n���.��ox�
REFER�NC� NUMBER LOG NAIVIE � �� F'AC�� �
**��� $�'�`� 52COLLECTION , 3 of 2 '
APPR�VAL OF 1NTERLOC L AGREEMENTS WITH VARIOUS MUNICIPALITlES F'OR �
THEIR PARTlCIPATION AT THE ENVIRONMENTAL CQLLECTION CENTER
Additional Inforraatian Contact:
Brian Boerner
8079 I
�
�
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