HomeMy WebLinkAboutContract 27150� �,
C�N �AC� I�� Y ��_, � ..-
INTERL.00AL AGRE�M�NT FOR PARTlCIPATiON �N �ORT WOftTH'S
ENVIRONMENTAL COL�.ECTION CENTER
HOUSEHQLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered inta by and betw�en the City af F�rt Worth, Texas, a hame-rule
municipal corparation situated 'rn Tarrant and Denton Counties, Texas, hereinafter called "Fort
Warth," acting herein by and through Libby Watson, its duly authorized Assistant City
Ma�ager, and The c i ty of Col l eyv i 1 le a municipality situated in 7arrantCounty
Texas, hereinafte� �alled "Participating City," acting herein by and through flc�nna ,4r�
its duly authorized �,,. .
WITNESSETH
WHEREAS, T�xas Gov�rnment Cade, Chapter 79� , authorizes the formulatian of interiocaf
covperat�on agreements between a��l amang local governmer�ts; and
WHEREAS, T�xas Government Code, §79�.011 provides that a lacal gavernment may confract
with ana#her to pertorm governmental functions and services, and §799.Q03{3}{Hj d�fines waste
disposa� as a gavernmer�tal function and service; and
WHEREAS, Texas Go�ernment Code, §791.025 pravides that a local gavernment may agree
with another Iocal government to purchase services; and
WHEREAS, Fort Worth and Par�icipating C9ty des9re to enter into an intsrlocal agreement
whereby �ort Worih will purchase t�e sarvices of a waste disposallrecycling flrm or firms and
will adminisier a houseF�ald hazardous wast� coflectifln program; and
WHEREAS, Fort Worth and Participating City m�tual�y desire to be subject to ih� provisions af
Texas Gavernment Code, Chapker 7�1, also }�nown as the Intsr�ocal Cooperation Act.
NOW THEREFORE, it is agreed as foflows:
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DEF1NfTtpNS
A. unfess a provision in this Agreement explicitly stat�s otherwise, the follawing terms and
phrases, as used in this Agreement, shall have the m�anings hereinafter designat�d.
Act of God means an act occasianed by tne �irect, immediate, and exclusive opera#ion
of tf�e farces of nature, uncon#ralled or uninfiuenced by the paw�r of humans ar�d without
E�uman interventior�.
Bifl af Ladfiq lists the contenis of th� mobile cnllection unit.
�nvironmental Calfection Center (ECC1 means the City of Fort Worth Department of
Environmer�tal Ma�agement faci�iiy �ocated at B40(l Brid�e Street, Fort Worth, Texas,
which is to be used by Fart Worth for the aggregatian of houseE�old hazardaus wastes
' �C�f�� �B�G �1� = � � �
C��`� ����G�� � 'r
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#hat have b�en brought to the facility by participating c�ties' hauseholds for subsequent
recycling, disposal, andlQr reuse.
Envirat�mental damaqss means al1 claims, judgrr�ents, damages, fosses, penalties, fines,
liabilities (including strict Gability}, er�cumbrances, liens, costs, antE expenses af
Envestigation and defense of any claim, whether or not such claim Es ultimatefy defeated,
and af any good faith settfement ar judgment, of whatever kind nr nature, contingen# or
atherwise, matured or unmatured, foreseeable or unfareseeable, �ncluding witho�t
limitatian reasonable attarney's f�es and disbursements and cn�sultant's fees, any af
which are incurred s�bsequent to the execufian �f this Agreement as a result of the
handling, collection, transporkation, starage, disposal, #reatment, r�covery, andlor reuse
of waste pursuant to this Agreement, or the existence of a violation of environmental
requirements per�aining to same, and including withaut limitatian:
(a) Damages for personal injury an� death, ar injury to property ar natural resources;
{b) Fe�s incurred fior the services of attorneys, consultants, cor�tractors, experts,
labaratories and a[I ather casts incurrad in conn�ction with the investigation or
remediation of such wastes or violati�n of e�vironmental requiremsnts including,
but not limited ta, the preparatian of any feasibifity studies or rsports ar the
pertarmance ofi any cleanu�, rem�diatian, r�maval, response, abatement,
containment, closure, restoration or monitoring work required by any federal,
state or local governrnental agency or paliiical s�bdivisian, or otherwise
expended in connection with the �xistence af such wastes or violafions af
en�ironmental requirements, and including without limitatian any attorney's fees,
costs and expenses incurred in enforcing thEs Agreemen# or coli�cting any sums
due hereur�s�er; and
(c) Liability to any third person ar g�vernmer�tal agency to indemnify such person or
agency for cas�s exp�nded in connection with the items referenced in
subparagraph (b) hereir�.
Environmental reauirements means all applicable presen# and futt�re stafutes,
regu[atians, r�les, ordinances, codes, ficenses, permits, orders, approvals, plans,
authorizations, cancesslans, franchises, and similar items, of aHgavernmenta� agencies,
departments, cammissions, boards, bureaus, or instrumentafi�ies o� the C]nited States,
states, and political subdivisions thereof and all appficable judicial, a�ministrative, and
regulatory decrees, judgments, and �rders relating io ihe protectian of h�man health or
the ��v9ronment, including withoui limitation:
(a) All requirements, including but not limited to those pertaining ta reporting,
licensing, permitting, investigation, a�d remediation o# emissinns, disc�arges,
releases, or threatened releases af hazardous materials, pollutants,
cor�taminants, ar hazardous or toxic su�stancas, materials, ar wastes w�ether
solid, li�uid, or gaseous in nature, inta the air, surtace water, groundwater, storm
water, or fand, or re�ating to the manufacture, processing, distr�butio�, use,
treatment, storage, disposal, transpart, or handling of polfutants, cantaminants, ar
hazardo�s or toxic substances, mat�rials, or wastss, whether solid, liquid, or
gasea�s in nature; and
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(b) All requirements periaining ta the prataction of the health and safsty o�
employees or t[�e public.
Farce ma�eure means decrees of or restraints by a gavernmental instrumentality, acts of
God, work stoppages due to labor disputes Qr strikes, failure of Fart Worth's
cantractor(s) to perform pursuant to their agreements wit� Fort Warth far the canduct of
the callectian of household hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sabatag�.
Household hazardaus waste (HHW} means any solid waste generated in a ha�sefi�ald by
a consum�r which, except for the �xcl�sion provided for in 40 CFR § 261.4(b)(1), would
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means the �niform hazardous waste manifest form(s) furnished by the TNRCC
to accompany shipments of municipal hazardous waste ar Class 1 industrial solid waste
for waste transported to a site in Texas, or the comparable rnanifest of the receiving
state if ihe waste is transported out of Texas.
Mobile collection event means a househ�kd hazardous waste coqectian ever�t by
Participating City utilizing a mobile coll�ction t�nif.
Fori Wor�h Mabile collection unit (MCU] means a nan-self-prape[led vehicle used for the
periodic callection of household hazardous waste by Participating City, aff-site of the
ECC, which is transported to tfi�e ECC to �ispose of the t�ousehold hazardous waste
collected at ihe mobile collection event. The Fort Warth Mobile Collection Unit is
designed to hold the hazardous waste af a�proximateiy 50 to 75 households.
Participatin� Cities, whe�t used in the plural, means �o�t Worth, Pariicipating City, and all
oth�r er�tities which 1�ave enter�d into interiocal agreements with Fort Worth for the ECC
house�old hazardaus waste collection program.
Person means an individual, corparatian, organization, government, or governmental
subdivision nr agency, business trust, partnership, assaciation, ar any other lega! entity.
Waste has the same meaning as "solid waste" as that term is de�'[ned in Texas Health
a�d 5afety Co�e �361.003, and including �azardous substances.
B. Un[ess a provision in this Agreement explicitly states otherwise, the fallowing
abbreviatians, as used in this Agreement, shall have the meanings hereinafter
designated.
CERC�A - Comprei�ensive En�ironmenkal Response, Compensatian, and Liabiliiy Act.
CPR - cardiopulmonary resuscitai�on.
DOT - United 5tates ❑epartment of Transporkation.
ECC - Environmental Coll�ction Center.
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EPA - l�nited Stat�s Environmental Pro#ectior� �gency.
��CAT - ha�ardaus categorization.
HAZWOPER - hazardous w�ste aperations �nd emergency response.
HM - ha�a�dous materi�[s.
HHVV - hausehald �a�ardous vvaste,
NiCI] - Mabile Coflection Unit.
2.
PURPOSE
The purpose of this interlflcai agresmenf (hereafter °°Agr�ement") is the �ro�rision of set�ices by
Fort V1larth to Parkicipatin� City �hereby, sub�ect 4o the �erms and canditions sgecified b�low,
Fart 11Vorth uvill a�minister and supErvise a regianal hflusehold hazardo�s �ruaste co1lection
program, �vvhich wi11 be a�ailabie to hausehol�s within Participating City.
3.
TERM
This Agreement shall be effect�ve from the date t�e last party has signed fihis agreement
thro�gh September 3�, 2D42.
4.
SERVICES OF �ORi VVORTH
Fart lnlorth agrees to perform tfi�e fallor�rring services for F'articipat�ng Ci�y in connectiar� �vith t�e
ECC ho�sehold ha�ardaus vvaste eallection p�ogram:
A. Fort V►lorih vvill administer a regional hc�usehold hazardous �raste collectio� prograrn.
This program �vill inciude the aperation of 4he Environmental Collectian Center, �vhich
v�rilf �ccept for disposal andlor recycling �hausehold f�a�ardous en�aste from households
focated within Participating City. Fort �Vark� shall not accepf compressed �am�able gas
contai�ers; radioactive materiais; explosives or patentialfy shoek sensit9�e �naterials;
biological, etiologic, ar�d i�fectious rr��terials; rr�astes f�arn b�sinesses; and ar�y aiher
r�rastes fiF�at Fort �i/orih l�as deterrn�ned ar� ur�accep�able.
B. Fork VVorth v�+ill e�nploy or retain personr�el to pra�i�e the services ¢�ecessary tfl perForm
Fa�i V1larth's obligations in ti�is �greeEnent.
C. Fart �ilorth �+il[ enter into a caniract(s) rrvath uvaste disposallrecycling firm(s} �or th�
har�dling, col{ectio�, tr�nsparta�ior�, storage, disposal, treatmer�t, recavery, andlar ��use
af househc�ld hazardous �aste, �vhich is collected at the �CC.
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D. Fart Worth wili, if requested in writing by Participating City, provide Participating City witF�
copies of waste manifests far shipments of waste from the �CC.
E. Fort Worth will, if r�quested ir� writing by Par#icipating City, provide Partieipating City a
monthly report of ihe Participating City's hausehol�s wha disposed of hausel�old
hazardous waste at the Fnvironmenkal Callsction Center or a Mobile Collection Event. -�
F. Fort Warth will issue a repart a�d a bi11 at the end of each q�art�r detailing th� number af
Participating City's households that dispased af household hazardous waste at th�
Envira�mental Collection Center or at a mobile caflection event.
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G. Fort Worti� will act under this Agreement in accafdance witF� all applicable state and
federa! Eaws.
H. Non-�ort Worth Mobile Co1lection Unit
1. Fort Worth agrees to accept househoEd hazardous waste fram Participating City's
MCtJ in accordanc� with 5ection 5, a� this agreemer�t,
2. Fort Worth agrees to restocfc the items it remov�s from Parii�ipatang City'sMCIJ,
however, Fort Worth shall onky restoc�c items listed in Exfi�ibit "A", attached and
incorpora#ed herein as if set forth.
Mabile Collection Events —Usir�q Fart Worth's Unit
If Participating City would like to schedule a mobile collection event with
the Fort Worth Mabile Collection Unit, Fort Worth will send Participating
City a list of ava�lable dates. Pa�ficipating City will contact Fort Worth as
saon as possible to schedufe �he date, iime arrd locafion agreeable to
bc�th parties.
{a} Location
If I'arkicipating City cFiooses to hold the Mol�i#� Collection Event on
private property, Participating City shali obtain a signed waiver
from the owner af the property 1 week prior to the e�ent. The
waiver s�all be in the fiorm of Exhibit B or s9mtlar farm ap�roved by
Fork Warth. The signed waiver must be sent to �ort Wor�h 1 week
before the Mobik� Callectio� Eve�t. I# the signed waiver is nat sent
to Fort Warth 1 week before the Mobile Coll�ction E�ent, Fort
Wo�th wilf not send the Fort Wart� Mobile Callectior� Unit tc� the
event and Participating City will, in no �vent, be entitled to any
damages af recovery af any costs, except as provided herein.
(b) Available aates =
Participating City acknawEedges that Fort Worth contracts with
other municipalities �nd that Fort Worth wi11 b� accommoda#ir�g
each Participating City's request on a first come first served basis.
Therefore, Participating City acknowledges tt�at its chosen daie ta
scheduEe a mobile colleciian event may be reserved by another
City and Participating C�ty will have to choose another date.
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Participating City wilf, in no e�ent, be entitled to any damages or
recovery af any costs, except as provided �erein.
2. At the Mabile Callectior� Event, Participating City acknowledges and agrees that
Fort Worth s�afl accept household hazardous waste from th� first 50 households
that show praof of residency at the Mobile Gollection Event. After the first 5� -�
househalds, Fort Worth will determine in its sol� discretion how much more
waste it can accept an� store �roperly. tf more households arrive at the event
than �ort Worth can accept, Pari�cipating City wikl in no even# be entitled to any
damage af recovery of any costs, except as provided herein.
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3. Due to ihe lack of storage spac� at the EGC, Participating City acknowledges
and agrees that if it requests the Fark 1lVorth Mobile Collection Unit at a mobile
collecfior� event, a Parkicipafiing City's Non-Fort Wor�h Mobile Collection Unit shalf
nat aiso be at the event.
4. City, ir� its sole discr�tion, wi{I determin� wF�ether to sen� the Fort Warth Mabile
CoHection llnit ta Participating City's Gallection Event during adverse weather flr
ths #hreat ofi adverse weather including but not limited to sleet, snow, rain, mist or
hail. In the e�ent Fort Worth deiermines not to send the Fark Worth Mobil�
Gollection Ur��t, Fort Worth shall notify psrsans listed i� Sectian �, ParagrapF� A
and shaU send a Fork Worth employee to the Participating City's event ta t�ll any
residents that come ta dispose of household hazardous waste; 1) that the Fort
Warth Mobile Collection Unit will not be coming to the event, and, 2) that the
resident can go to the ECC to dispose af the wasie and provide a map to the
ECC.
5.
DUTIES aF PARTICIPaTING C1TY
Participating Ci#y agrees to perfarm the following duties in connection with tF�e househald
hazardaus waste colfection program:
A. Partici�ati�g City will designate one of its empfoyees, and another as an alternate, to act
as its househald hazardous waste collection coordinator to interact with Fart Worth.
Designated person is: Col l � h���,t�,A telephane number:817�572-75$9 x254
Pager number ar 2�4-l�our number where he or she can be reacF�ed:
Afternat� person is � i anne �tcwethy telepF�one number:�� 7-577-75�9 x2�4
Pager number or 2�4-hour number where he or she can be reache�l: � 17-232-831 g
. �17-z?_�-h88�
B. Participating City wili eoordinate and fund al{ program advertising iargeted to its awn
c�tizens, as it deems necessary. Such advertisir�g shall i�clude the type af wastes that
wili be accept�d at the ECC, the requirement af proof af residency and weather
eancellation information.
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C. Participating C9ty shali notify its residents of #he ECC hours of operation and dates it is
closed as provided in Section 9"T�e Enviranmental Collec#ian Genter Hours of
Operation."
D. Participating City may choose to utilize � voucher system �or its residents in order for
them to bring HHW to the ECC. If Participating City chooses to use such a system, it
sF�al! natify Fort Warth of the decision, and shall prnvide Fort Worth with a copy af the
afficial voucher. In addition, if a citizen from a Participating Ciiy that utilizes a �oucher
system comes to the ECC or a mobile coliection ev�nt without a vaucher, Participating
City acknowledges and agrees that Fort Warth will not accept the hausenold hazardous
waste until Pa�ticipating City autharizes the acceptance in writing.
E. Participating City may su�mit a written request for a monthiy report listing the number of
its city's households fhat have dis�ased of ho�sehold hazardous waste at the ECC or a
mobile collection event.
F. Participating City sh�all �rovide traffic control and signage for the mobile collection
events, and shall pravide personnel ta assist Fort Wor�h wEth the survey and screening
of persons dropping o1f h�usehold hazardous waste. The parties prior to tF�e event shall
agree upan khe details af the traffic control, signage, and perso�nel assistance.
G. Part9cipatinq C9tv's Mobile Co�leckian Units Collectina Hausef�old Hazardous Waste
Participating City shall advise th� ECC program managef at teast 72 hours in
advance of its mobile collectior� events. Participating Ci#y shall caflect o�ly HHW
during a mabile collectior� event. Wastes from cnmmercial, agricultural, and
ir�dusirial so�rces shall not be accepted. Participatir�g City shall not accept
compressed flammable gas containers; radioactive materials; explosives or
potentiaEly shock se�sitive materiaks; biological, etiologic, and infectious
materials; and any other wastes that Fort Worth has determined are
unacceptable.
2. In accordance with the fatest DOT requirements, Participating City's MCLJ
operators will properly catEgorize, package, mark, label, and Inad into the MCU,
all wastes received at the mobile coflectian event. Recyclable praducts (useci oil,
useci oil filters, latex paint, recyclable anti-freeze, iead-acid baiteries, and
fluorescent [ights) wilE be segregated inta containers for recyclables.
3. Aft�r accepting wastes, Participating City's MCU operators shall thoroughly
cl�eck each container for proper labeling and identificati�n. If a container is
properly identifiied, the maferial will be segregated accor�ing to hazard ckass and
prepare� far packaging. If a container does not have adequate labeling to permit
idEnti�cation, the MCU operators shall tnen a#fempt to identify th� material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presen�ing the wasta.
4. The Participating City's MCU operators shalf package aIl hazardous materials in
accordance with U�iied States Department af Transportation (DOi)
requiremenis, United 5tates Environm�nta! Protectifln Agency (EPA)
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requirements, and all other applica6le federa! and state requirements. After all
the wastes have been properly identified and segregated, the MCIJ opera#ars will
reexamine the wastes for compatibility, list them on the eontainer ca�tent sheets,
and pack them into drums. Oil-based paints and latex paints snall be bu�ked
se�arately in 55-galfar� drums, or if ihe paint is left in its con#ainer, the paint can
b� packed in a fined cubic yard bQx, and packed and lab�led according to federal
and s#ate regulations. Participating City shall not transport wasta that is no# HHW
to the ECC. Parkicipating City agrees to make its own arrangements to dispose af
any nan-HHW waste collect�d at the ever�t.
5. Pr€ar to trar�sporting the HHW from the coliection ev�nt site�s), Participating City's
MCU aperators shall complete a Bi�l of Lading, and shall keep �F�e Bill af Lading
in tl�e cab of the truck hauling the MCU during trar�sportatian of the HHW to the
ECC. Participating City shall require that a minimum of one copy of ihe latest
Norkn American Ernergency Response Guidebook �� kept within the cab o� the
truck.
6. During transportaiion, Parkicipating City's MCU operators shall placard the MCU
for #ransporiation of hazardaus waste in accordance wifh federai and state law.
7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall
fallow the instructions of Fort Worth regarding the placement of ihe MCU for
unfaading. Fort Wor�h shall take pnssessian of the MCU from Participating Cit�
after the MGU has been properfy parked for unfoading in aceordance with Fort
Worth's instructions and all req�ired dacuments have been delivered to th� ECC
program manager ar his �es9gnee at the ECC, �ort Wort� shaH, witt�in a
reasonable amount af time, unload the HHW from the non-Fort Worth MCU and
stare the HHW at the ECC.
8. If Fort Worth, in its sol� discreiion, determines that Participating City's MCU
operators improper�y packaged any of tC�e HHW deliuered to ihe ECC, Fort Worth
shaEl repaekage such waste, and Participating City shall reimburse �ort Wor�h as
set forth in Section 10., Paragraph B.
9. If a sp9ll occurs at the EGC while the MCU is still in Participating City's
passession, Fart Worth shal! take contro! of the spill respor�se and Participating
City wiil reimburse Fort Wa�th for its respanse costs as set forth in Section 10.,
Paragraph C.
. 6.
U5E �� WASTE DISPOSALIRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will errter into a contract(s) witi� waste disposallrecycling firrrE(s) far the
handling, callection, transportat3an, sto�age, disposaE, treatm�nt, recovery, andlor rause
of hausehold hazardous wast�, which 9s callected at the ECC.
B. Such firm{s) sha[I be required pursuant to the contract(s) to assume generator status for
the waste collected, (excluding �sed oil, lead-acid batteries and antifreeze) ta choase a
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dispasal site for the waste subjeci to Fort Worth's approval, and to indemnify �ort Worth
and participating cities againsi any and all environmental damag�s and the violat�on of
any and all en�ironmental requirements resulting from the handling, callectior�,
transportation, starage, disposal, treatment, recovery, and/or recycfing of waste collected
pursuant to this agreement, when said environmenial damages or the viafation of said
environmental requirements was the resuit of any act or amission af cantracto�, its
afficers, agents, �mpfoyees, �r subcontractors, or the joint act or �mission of contt�actar,
its afficers, agents, employees, ar subcontractors and any other perso�r or �ntity.
C. �H� PARYI�S R�COCNf�� THAi �4l�Y[��UGk TFi� �IRfVI (S) Wi�,L �� RE(�llJ1���
70 ASSU[VI� GI�fVERAYO� SiATU�, THIS �4SSUfVIPTION WILL fVO� R��I�V�
PA��'ICI��ITING CI�Y O� �IA►�ll�liY ��R Yb� WAST�E UN��R �'���RAI� LAl�!
AND �iATE LAW. Fort Worth w�fl arrange for recycling vendors for used oil, batteries,
antifreeze, and other materiaEs, as it deems apprapriate.
7.
REUSE �F COLLECTED IVIATERIALS
A. �rom time-to-time Fort Warth will make available to res�dents ancf busine�ses af Fort
Wor�h, as we[I as, Participating City and residents and businesses of Participating City
for their �se, callect�d household hazardous waste materials that are suitable far r�use,
such as paint, fertiiizer, motor oif, and antifreeze. Forf Worth si�a[I not charge for ar�y
materials tf�at are picked up for reuse.
B. Some materials made a�ailable far reuse may have been consa[idated and fiiltered by
Fart Worth prior to being made available. Used ar�tifr��ze wilf have been cansakidate� in
a barrel, filtered, and pH baEanced, and new antifreeze may have been added ta the
barrel,
C. In regards to materials accepted by Participating City, �ORT WORTH NiAK�S WO
�tEk�R�SGNTAi[ONS, lNARRf�Nii�S OR CllAI�ANTIES THAT:
1, the container contents are what the labe! ir�dicates;
2. ths container contents a�e t�ose originally plac$d ir�to ti�e container by the
manufacturer;
3. th� pfoduct is of the quality intended for its use;
4. the co�tents of the container ha�e been siored }�roperly;
5. the instructions on the container label for Use, sto�age, and frrst aid are current or
corr�ct;
5. the container is in unimpaired condition;
7. the product is still ap�roved far use {i.e., it has not been banned or recalled}; and
8. the praduct can be used without risk to persons, praperty or tfi�e environment.
FU�iH�R�AUR�, ��� 1dVi4R�Nil��, �X�RESS r4hiD IIVIPL[��, AFt�
SPLCCI�IC�AL.LY ��NI�D.
D. Parkicipating City shall contact the ECC pragram manager to arrange a p�ckup time to
obtain materfals. Participafing City agrees that it shall not return toFort Worth, direcily or
indirectly, any materials �t obtains from For� Worth under this paragraph.
E. IN REGA��S YO flfiAY��IA�� ACC��'T�D �Y �'p,TtTICk�'�.�ING C[TY,
PA�TICI�AifNC CITY DO�S b�R��Y VIdAIV� �►��, �LAINYS, IIVC�lJ�1RlG
PRO�LJCYS �A�[LITY Cl�AIMS, AfV� RI��.I�AS�S, A�lD H�L�S H�►�M�LSS iFi�
GIYY aF ���T' WORib, A�Wp AI�� O}� I`�S OF�ICIALS, Q��IC�R�, �MF�LOY��S,
AG�NiS, AN� VO�UAIT���S, IW �OiW iH�IR F�U��IC AN�l PRIIlAi�
C�►PACITI�S, �ROfVI AfdY AM16D AL� �1,4�IL[iY, CLAlI1�S, SUE'iS, DEMAN�S,
EXR�hS�S O� �IYIGAfEON, O�t CAUSES �F ACT[ON t�i1H1CH f�IIIAY AR1S� BY
R�S4A! O� II�JUFtY i0 ���iSONS, ��SS Oi� �ROF'�RTY, �AMAGI� 7'�
�ROP�Rl�'Y, �R LOSS O� EJS� O� ANY PR@��R'TY , OCCASIOf��D BY i�,1�
TRAhISPC3RiAY{ON, SiOR�G�, HAN�LIfVC, US�, AiVD D1SP05A� �Y
PARiIGIPAiIAI� CfiY O� �4f�Y �fAi��IA�.S ►�CC��i�� �Y PAR�1CIi�ATIMC CI�Y
UW��R ib15 A����Ni�Ni �'��fw �'ORT WO�YH.
F, In regards tv ma#erials accepted by residents or businesses of Participating Cities,
F�R`� WDRTb IVIAK�S iV0 REPR�S�NiAifONS, W�IRRAId'�I�S �fZ CUARANiI�S
l"Hpo�':
2.
3.
4.
5.
6.
7.
the container eontents are what the label indicates;
the container confents are those ariginally placed inta t�e container by the
manufacturer;
the product is of the quality int�r�ded far its use;
the cantents of the container have b�en stored �ro�erly;
the instructions on the coniainer label for use, storage, and first aid are curr�nt or
correct;
the container is in unimpaired condition;
the product is still approved for �se (i.e., it has not been ban�ed ar recalled}; and
8. th� product can be [ased without fisk to persons, property or the environment.
I�UR�F���IVI@R�, d�� 1MARFtAhl�I�S, I�XR��SS AIVD 1�Vl��1��, A��
SP�C1FfCAl.LY D�NI�D.
G. Participating Cii� shall attempt to inform its residents and businesses that if they go ta
the E�viranmental Collection Center to pick up household hazardous waste for reuse, a
release of liability must be signed ta accept the househotd hazardous waste for reuse.
�a
8.
RIGHT TO REFUSE WASTE
Participating Ciiy agrees that Fort Worth shall have the rfghi ta refuse fo accept waste at ihe
ECC from Participating Ciiy's resident and tfl eject such indi�idual from the premises flf the
ECC, if i� the reasanable judgment of Far� Worth:
A. The waste is not household hazardous waste;
B. The waste fails to maet other established criteria established by this Agreement, or that
�ave been established by Fort Worth subsequent ta tf�e executian of the Agreement;
C. The in�ividual does not have sufficient identificafion to establish fihat helshe is in fact a
resident of Par�icipafing City;
D. Participating City has implementec4 a voucher system for its residents io dispose of
waste, and the individua! does noi ha�e a valid voucher, or
E. The waste ar the individual presents a hazard to tY�e ECC ar to persons or property at
the ECC.
9.
ENVfRONMENTAL COLLECTfON CENTER HOURS AND DAYS
OF OPERATIDN
A. Haurs o� Operation
During the term of ti�e agreemeni, the ECC's hours of operation are as fallows:
Thursday and Friday 91 :00 a.m. -7:00 p.m. �
Saturday 9:04 a.m. -3:OD p.m.
B, Days the Environmental Collection Center will be closed
During the term af the agreement, the ECC will be closed on ff�e following days:
Thanksgiving Haliday, November 22 -23, 2001
Christrnas Holiday, December 24- 25, 200'f
December 30, 20a1 through January � 1, 2002, �ar cleanup and repairs
M.L.K. Day .]anuary 2'i, 2002
Memoria! Day, May 27, 2Q02
Independ�nce Day, July 4, 2002
La�or Day, September 2, 2002
C. Notifying ResicEents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will
be closed. f'ar�icipating City may advertise the 24-�our Enviranmental Callection Center
11
telephane number to give its residents the En�ironmental Co1lection Center's hours. Tne
number is: (817} 871-�257.
1a.
C�MPENSAT�ON
As fair compensaiian far�the s�rviees provided by Fori Worth purs�ant to tlis agreement:
A. Pariicipating City agrees to pay Fort Warth the sum of $60.00 per hous�hold per vis9t to
the ECC or p.�r t�ousehald for participation in a Mot�ile Co[lection Eveni to ciispase of
household hazardaus waste.
B. �f Fort Worth determines that Participating City's MCU operators improperly packaged
any of the HHW delivered to the ECC, For# Worth shall repackage such waste, and
Participating City shall reimburse Fort Wort� for it staff time at $2Q.00 an hour and the
cost of supplies.
C. If a spill occ�rs at the ECC while the Nan- Fort Worih MCU is s#ill in Partici�ating City's
possessian, �ort Warth shal[ take cantrol of the spill responsa and Participaiing City wil{
reimburse Fort Warth for its respnnse casts of $Sa.00 per ho�tr s#aff time ar�d the cost of
supplies.
D. The amaunt due ta For� Worth far services pravic�ed under fhis Section, Paragraphs A,
B, and G, sha11 be bille� ta Participating City quarterly. Participating City shall pay Fort
Worth with�n 30 days of r�ceiving a bifl from Fort Worth. !f Fort Worth daes nat receive
payment within 3Q days, Fart Warth shall inform Participating C9ty in wriiing that ii will nat
accept any household hazardous waste from Participating City's rasidents and that For�
Worth wili not participate in a mobile caflection e�ent ❑r pravide a mabile callection unit
until paid.
E. At tl�e end of the term of this Agreement, �ort Worth shall Pro�ide a#inal acca�nting ta
Participatir�g City, which wil{ include the total number of Participating C9ty's hauseholds
which participated in the pragram, r�packaging fees, if any, and the #otal cost o� spill
respar�se charged� ta Pariicipating City, if any.
F. Pursuar�t ta the requirements of Government Code §791.011 (a}�3), the amoun# due ta
�art Worth under Subparagrapt� D. above sliall �e paid from r�venues eurren#ly
a�a�kable to Participating City in the present fiscal year.
12
11. '
ARTWORK, "CAPTAIN CRU� AND THE CRUDDIES," AND PROM�TIONAL MATERIALS
l.10EN5E AGREEMENT
�ort Worth is the awner of "Cap4ain Crud" and fhe Cruddies {"�loomer," "8fto,'" "F�estie,
"Scrub," and "Van �oo"} "Conqu�r Your Crud," and "Cruc� Cruiser", and therefore all
ownership rights belong to Fart Warth. Fort Worth has �egistered these marks as service marlcs
with the Secretary af State.
A. Fort Worth hereby granfs to Participating City a non-transferable, non-exclusive license
to use al1 the ,�rLwork and promotional materials that may be pravided by Fort Warkh to
be used solely in the conduc# of the business of Participating City's disposa{ and
r�cycling of househald hazardous waste programs. If Participat�ng City wishes to use to
Licensed Art andlor Promotional Matarials in other limited situations, Participating City
must first o6tain express written cansent from Fort Worth.
B. Fort Wortl� may pravide licensed Artwork and Promotior�al Materials to Participating City
pursuant to the terms of this Agreement. Par�icipating City acknowledges t�at by virtue
of this l.icense, Participat9ng Ciiy acquires only t�e right to use the ariginal and permitted
duplicate copies ofi #he Licensed Artwork and Pramotional Materials and does not
acquire any rEghts o# ownership in the �.icensed Artwork and Promotionaf Materials,
whict� rignts shafl remain exclusively with Fort War�h. if Participating C�ty wants to modify
or cfi�ange the artwork andlar promoiionaf mater�als in any manner, Participating C9ty
hereby agr�es to cantact Fort Worth in writing ta obtain written consent befor� modifying
or changing any artwark andl�r promational materials. �
C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating
City shall use actors approved by Fort Warth to partray "Captain Crud" since "Captain
Crud" is owned 6y Fort Warth. Partici�ating City shall be solefy responsibfe for
cflrnpensating actor for the services pravided to Participaiing City. Part�cipating City will
contact Fart Worth as soon as passible with the date ar�d time of the event agresable to
both parties to abtain approval for the chasen actar and t4 r�quest and pickup the
"Captain Cr�td" castume for its events. Fort Worth will provide the "Captain Crud"
costume. However, Participating Gity agrees to be fiable to Fork Worth fnr any damage ta
the castume or if Participating City fails to ret�rn the entire castume to Fart Wflrth or if
th� costume is not returned in the same condition a� received.
12.
lMMUNITY
It is expressly understaod and agreed #hat, in the execution of this Agreement, none of the
participating cities wa9ves, nor shail be hereby deemed to waive, any immunity or defense that
rrvould atherwise be available io it against claims arising in the �xercise of gover�mental powers
and functions, and that the services described in this Agreement are a gavernmental function.
'i 3
13.
FORCE MAJEURE
A delay or failure of Far� W�rth to pertorm services pursuant to this Agr�ement shall be excused
to the exter�t thai the delay or failure to perFarm resulted from a force majeure e�ent, and the
delay or failure was beyond the cor�trol af Fort Warth and nat due to its fault or negiigence. -
Partici}�afing City shall not have, and hereby waives, any c{aim whatever for any damages
resulting from delays �r fail�re #a perform caused by a force majeure event.
'f 4.
� TERMINATION
The par#ies shall each have the right io terminafe the Agreement for any reason, with or withaut
cause, upan thirty (3a} days written notice to the ather party. Upan termination, the par#i�s shal[
be released from all contractual obligations to the ather party excludir�� "USE QF WASTE
DfSPOSALIRECYCLING �IRMS FOR HOUSEHOLD HAZARDOUS WASTE° (Paragrap� 6)
"REUSE O� CQL.LECTED MATERIALS" {Paragraph 7} and "ARTWORK, "CAPTAIN CRUD
AND THE CRU�QIES," AND PROMOTIONAL MATERIALS LfCENSE AGREEMENT'
(Paragraph 11 }.
15.
NOTICE
Any notices required ta be given under ti��s Agreement shafl be delivered as foilows�
if to Fort Warth:
Brian Boemer, CHNIM, Director
Departmen# af Environmental Management
Cifiy of Fort Worth
1400 Thro�kmorton
Fort Worth, Texas 7fi102
If to Participatin� City:
Colli�n Boothe
Financial Analyst
C+ty of Colleyville
P.O. Box 185
Colleyville, TX 76034
16.
ENTIRETY
This Agreement contains all cammitments and Agreements of fhe part9es hereto, and no other
oral or writter� commitments shalE have ar�y �oree or effect if not contained herein, except that
this Agreement can be amended or modified by the parties 9f such amendn-Eent or modification is
in writing and signed by Participating City and Fort Worth.
14
17.
SEVERABILITY
In the event anyone or more af th� pravisions contain�d in this Agreement shall for any reasan
be held fn be invalid, ilfegal, or unenfarc�able in any respect, such in�aiidiiy, illegality, or
unenforceability shall nat affect any other provision thereof and this Agreement sF�al1 be
construe� as i# such invalid, illegal, or unen#arceable pro�isions had never been cantained
herein.
,� 18.
VENUE
Shoufd any actic�n, real or asserted, at faw or irt equity, arise aut of the terms and conditions of
this Agreemer�t, venue for said action shal[ be in Tarrant County, Texas.
'I 9.
AUTH�RITY
This A�reement is made for Fart Worth and Participating City as an Interlocal Agreement,
pursuant to Texas Government Code, C�apter 791.
20.
AUTHORIZATION
The undersigne� of�icers and/or agenfs of the parties hereto are properly authorized officiafs
and have tF�e necessary autharity to execcate this Agreement on behalt of the par�fes hereto, and
each party hereby c�rtifies to the ather that any necessary resvlutions extending sue� authori#y
i�ave been duly passed and are now in fu[I force and effect.
15
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH
sy: ,I.
� �-,
��
,,,�� ���
Libby Wats1�
Assistant Ci� M�nager
Date: " f ' �
�t,-- � _
Citv of Gollevville
�
_ �y--�--�
Printed n me:
Title: Mayor
�ate; 9—�S`—d/
APPROVED AS TO FORM
AND LEGALITY:
sistant City torn
A ST: �
-�
� � � . -�
y �.
�I'aria Pearsq�'f` '
Ciiy 5ecretar�r
APPROVED AS TO FQRM
AND LEGALiTY:
AssistaryE City Attarney
ATT�ST:
� .��
�.�
Ci Secretary '
�`/���
Contract autharization
�o���oi
Date
16 � ����D��Q� �{�L�V��
�8�` ����(
� �,� , , �
Exhibit "A"
R�����I�iN(� LlS� �OR ib� AIYC��I�� ��LL�C�I�hI UiVli
flflaterial � Amount �estoc�ted � Special Needs �emarks �
55 gallan open top Amaun# taker� off the
drums (open top far trailer
laoss packs)
55 gallon drums Amount taken off the
(c�osed top) (oil, �' trailer
antifreeze, bulk
#lammable materials
and one extra}
Fiber drums {�5 or 30
gallon) Aer�sols, Amount taken off tf�e
acids, bases and trailer
oxidizers)
Gaylord box liners
(plasti�} Amaunt taken off the
trailer
55 gallon drum liners
Amount taken off the '
trailer
5 gaflon buckets
(filtersl�az c�emicals) Amount taken aff the
trailer
5urvey Forms
Amoun# taken off the _
trailer
Labelsldrum placard �
Amaunt taken off the
tra�ler
Gaylord boxes .
Amaunt taken off the �
irailer
Absorbent pads .
Amount taken off �he
trailer
Vermicufite
Amount taken off the -
trailsr .�
Oil c�ry .•
Amount taken off the -
trailer �
Promatianal Materials
& Brochures Amount needed
`tJ
Exi�ibit "B"
WAIVER AND RELEASE OF L.IABILIYY �'OR COLLECTIDN �F H�t15EHOLD
HAZAf�DOUS WASTE
I being the owner of property located at
Frave been asked tay the City of to allow a mahile coElectian
event fln my praperty to colleci househald hazardous waste an the . 2041.
in consideration of , 1 nereby give my permission to the City of
to fi�old a household hazardaus waste collectio� event on my
property in which the City af has as�ed the City of Fort Worth
t� ser�d its mobile cc�llection unit ta collect the household hazardvus waste that is brought to fhe
event.
Therefore, in consideraiion of , I hereby RELEASE,
DISCHARGE, HOLD �lARM1.�SS, INDEMNfFY the City of Fart Wc��th or its o�cers, agents,
and emptayees and the City af and its officers, agents,
andlor employees far any and all claims, demands, �iability, causes of action, actions ar suits of
any eharacier ti�at I may ha�e against fhe City of Fort Wor�h or its officers, agents, and/or
employees and the City of or its affi�ers, agents, andlor
emplayees fnr any property loss or damage, far any and all personal injury including d�ath or
any other damage of any kind or character which may arises or that arises from allowing the
City of to hold a household hazardous waste collection ever�t, in
which the City of Fort Worth sends its mobile coliection unit on my prop�rty.
I ha�� reaci this Waiv�r and Release and fully understand its terms and eonditions. I ha�e not
been influenced €n ar�y extent whatsaever by a�y representation or statements nat contained in
tfi�is Agraement. 1 hereby acknawledge that this Waive� and Release is given in consideration af
Signature Date
Witn�ss
'i 8
�`ity of 1�ori T�ilo�th, T'exas
I��y�r ��� �o�n���
C�������t�on
DATE REFERENCE NUMBER �OG NAME
� a�9ro� **C�1 �i��
52COLLECTION
PAGE
1 of 2
SUBJ�GT APPR�VAL OF INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
TH�IR PARTICIPAT�ON AT THE ENVIR�NMENTAL COLLECTION CENTER
RECOMMENDATION: �
It is recflmmended that the City Gauncil au#horize the City Manager ta execute lnterlocal Agreements
with various municipafitieslentities for their participation at the Enviranmental Callection Center.
DESCUSSION:
The City's Environmental Colleciion Center is now in its fifth y�ar of aperation callecting househald
hazardaus waste from the cifiizens of Fort Worth and surrounding communities an a year-raund basis.
ln order for nonTFart Warth citizens to participate at the center, each municipality is required to enter
inta an Int�rlocal Agreement with th� City of Fort Worth.
Last year, 23 area communi�ies signed participation agreements with the City. For the upcaming year,
we expect that number to rise to 24 communities. The rate per household for the period co�ered by
these agreements (October 1, 20Q1, through September 30, 2002) is $60, It is anticipated that
approximately $300,000 will be collected under these agr�ements.
This agreement autlines the responsibilities of each party, establishes the rate for participatian, and
delineates the use of service-marked public e�ucation material. The City is responsible for the avera[I
operation of the center, including contracting with a hazardous waste disposal company for
transpartation and disposal of ma#arials collected.
The following entities ha�e expressed an int�re�# ar ha�e already committed to participation for the
period October 1, 2QQ1, through 5eptember 30, 2002:
Arlington�`
Benbrook
Everman�`
Grapevine
Keller
Richland Hills*
Stephenville
Unin�orporated Tarrant Caun#y
Azle
Burlesan
Euless
Haltom City
Newark
River Oaks
Southlake
Venus
Bedford
Colleyville
Grand Prairie
Hurs#
Norkh Richland Hills
Saginaw
Upper Trinity Regional Water
Watauga
*These municipalities are expected to participate, but have no# yet returned their approved agreements.
C'iiy a�.�D�t �'O�tIZ, �'P.x[�S
��.��� ��� ��4�����
�O 1��]LC�'���1'�
17ATE REFER�NC� NUh11BER LOG NAME PAGE
1019101 **�.� �777 52COLLECTI�N 2 of 2
SUBJECT APPROVAL OF INTERLOCAL AGREEMENTS WITH VAR QUS MUNICIPALITIES FOR
THEIR PARTICIPATION AT THE ENO/IRONMENTAL COLLECTION CENTER
�ISCAL INFORMATE4NICERTIFfCATION:
The F'inance Direcfor c�rtifies fha� the Enwironm�ntai Management Department wifl be respansible for
the callection and deposit of funds due to the City under these agreements.
LW:k
Submitted for City Manager's
Oifice by:
LibUy Watson
ariginating Department Hesd:
Brian Boe►•ner
I�'ilND I ACCOUNT I CENTER I AMOUNT
� {to)
I Ri03 488220 a5211�0
G 183
�
8079 � (from)
CITY 3ECRETARY
I APPROVED I0/49lQ1
�`ity af'�'ort Wort�h9 T'exas
i���Tor a�� Co�n���
�o �����t���
�AT�
� a��ro�
SU B.lECT
REFERENCE NUMBER LDG NAME PAGE
**�o� �777 �2CO�LECTI�N 3 of 2
APPROVAL O� INTERLOC L AGREEMENTS WITH VARl�US MUNICIPAL[TIES FOR
THEiR PARTICIPATI�N AT THE ENVIRONMENTAL COLLECTfON CENTER
Add'riional Infarmation Canfact:
Brian Boerner 8079