HomeMy WebLinkAboutContract 27163��YY 5����iA�Y
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INTERLOCAL AGREEMENT FOR PARTICIPATION 1N �'ORT WORTH"S
ENVlRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between tf�e City of ForE Worth, Texas, a homeWrule
municipal corporation situated ir� Tarrant and Denton Counties, T�xas, hereinafter called "Fort
Warth," acting herein by nd hraug .� i bby I►.7�0� its duly authorized Assistant City
Mar�ager, and ��.Ci�l�F�[�r.���d� a municipality situated in � rr7,c�- c!rr ,
Texas, F�ereinafter c lled "Participaiing City," acting herein by arid thraugh `�r�e� tu ��
its duly authorized ��r� ����'' .
WITNESSETH
WHER�AS, Texas Go��r�ment Code, Chapter 791, authorizes the formulation of inferlocal
caoperation agreem�nts between and among local gove�nments; and
WH�REAS, Texas Gov�rnment Cade, §751.011 provides that a local government may cantract
with another to perform go�ernmental functiflns and services, and §791.003{3)(H} defines was#e
disposa! as a gove�nmental function ar�d service; and
WHEREAS, Texas Gavernment Code, §797.025 provides that a local government may agree
with another iocal gavernment to purchase services, and
WH�REAS, Fort Worth and Parficipating Ci#y desire to e�ter i�to an interlocal agreement
whereby Fort Worth will p�rchase the services of a waste disposalfrecycling firm or �rms and
will adminisfer a haus�hold hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mut�al[y desire io be subject to the provisions of
Texas Gavernment Code, Chapter �91, a�so known as the {nter[aeal Cooperation Aci.
NOW THEREFORE, it is agreed as follows:
'E .
DE�1NITkONS
A. Ur�less a provision in this Agreement expliciily s#ates otherwise, the following terms and
phrases, as used in this Agfeement, shail have the mea�ings hereinafter designated.
Act of Gaci means an act occasianed by the direct, immediate, and exclusive operation
of the forces �f nature, uncontrolled or uninfEuenced �y the power af F�umans and witho�t
human ir�tervention.
Bi[I of Ladinq lists the contents af the mobile collection ��it.
Environmental Callectian Center (ECC� means the City of Fort Warth Department of
Environmental Management facility located at 6400 Bridge 5tr�ef, Fort Worth, Texas,
which is ta �e used by Fort Wa�th for the aggrega�ion of household hazardous wastes
� ���U�u� � � ���
��� ��:�.�{�s��a��
�� ���b. ��`�,
that hava been brought to the facility by participatfig cities' households for subsequent
recycling, disposai, andlor reuse.
En�ironmental damaqes means all claims, judgmenis, damages, I05SB5, penalties, fir�es,
liabilities (including strict liability), encumbrances, liens, costs, and exper�ses of
investigation and defer�se of any claim, whether nr not such claim is ultimately defeated, .
anc! of any good f�ith settlement or judgmer�t, of whatever kind or nature, cQntingent or
oiherwise, mat�red or unmatured, foreseeable ar unforeseeable, including without
limftation reasonable attorney's fees and disbursements and consu�ltant's fees, any of
which are �ncurred subseqUent to ti�e execution of this Agreement as a result of the
handling, colleciian, transpo�iation, starage, dispasaf, treatment, reco�ery, andloe reuse
of waste pursu�nt ta this Agreement, ar the existence af a �iolatian of environmental
requirements pertaining fo same, and including without limitation:
(a) Damages for personal injury and death, ar injury ta proper�y ar natural resources;
(�) Fees incurred for the services of attorneys, consultants, coniractors, experts,
laboratories and all other casts incurred in cnnnection with the investigation or
remediat�on of such wastes or viofation of environmental requirements including,
but noi limited to, the prepara#ion of any feasibifity studies or repo�ts or the
per�ormance of any cfeanup, remediation, remaval, response, abatement,
containment, clasur�, restoration or monitaring work required by any fed�ral,
state or loca{ gavernmental agency ar political subdivision, or atherwise
expended in eor�neet9o� with tf�e existence of such wastes or violations of
environmental requirements, and ir�cluding wifhaut limitat�on any a�tarney's fees,
casts and expenses incurred in enfc�rcing this Agreement or collecting any sums
due hereunder; and
(c) Liability to any third person or governmenta) agency to indemnify such person ar
agency for costs expended in connection wiih the items referenced in
subparagraph (b) herein.
En�ironmental re�uirements means all appllcable present and . future statutes,
regulations, rul�s, ordinances, cades, lice�ses, permits, orders, approvals, plans,
autf�arizations, cancessions, franchises, and simifar items, of allgor��rnmental agencies,
departments, cammissions, boards, bureaus, or instrumentafities of the Uniteci States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatary d�crees, judgments, a�d orders r�lating to tne protectian af human health or
the environment, including without Eimitatiar�:
{�) All requirements, including but not limited to those pert�ining ta reporting,
licensing, permitting, investigatiort, and remediatian of emissions, discharges,
releases, or fF�reatened re�eas�s of hazardous mat�r9als, �ollutants,
cantaminants, or hazardous ar taxic substances, materiais, or wastes whetl�er
solid, liquid, or gas�ous in nature, into the, air, surtac� water, groundwater, storm
water, or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transpork, or handfing of �allutants, cantaminants, or
hazardous ar toxic substances, materials, or wastes, whether solid, liquid, or
gaseous in nature; ar�d
E
(b) AI} requirements pertaining tc� the protect�an of tne health and safety of
em�loyees or the public.
Force maieure means decrees of or resiraints by a governmental instrumentality, acts ofi
God, work stoppages due to labar disputes or strikes, failure of FDC"k W01'�Il's -�
car�tractor{s) ta p�rform pursuant ta their agr�ements with Fort Worth far the conduct of
the collection of hausenald hazardous waste, fires, expkasians, epidemics, riots, war,
rebellian, and sabotage.
Househflld hazardous waste (HHW) means any solid waste generated in a hausehold by
a consumer which, except for fhe exciusian provided for ir� 40 CFR § 2�1,�(b)(1), wou�d
be classified as a hazardous waste under 40 GFR Part 261.
Manifest means the uniform hazardous waste manifest form{s) furnished by the TNRCC
to accompany shipments c�t municipal hazardous waste �r Class 1 industrial solid waste
#or waste transported to a site in Texas, or the comparable manifest of th� receiving
�#ate if the waste is transported out of Texas.
Mobile coilectian �vent means a ho�sehold hazardous waste coHection event by
Participating Gity uti{izing a mo�iia collection unif.
Fork Wor�h Mobile collection unit (MCU) means a non-self-propellad vehicle used for t�e
periodic collection of household hazardous waste by Participating City, off-sife af the
ECC, which is transported to fhe ECC fa dis�ase of the househalci hazardous waste
callected at the mobife coilection event. Tha �ort Worih Mobile CQllection Unit is
designed to hold the hazardous waste of approximately 50 ta 7� househalds.
Participatina Cities, when usec! in the pluraf, means Fart Warth, Participating City, and aA
other entities which have entered into interlo�al agreements with Fort Wnrth for the EGC
househo[d hazardous waste callection program.
Person means an individual, corparatian, arganization, g�vernment, ar governmental
subdivision or agency, business trust, partnership, association, o�- �ny other lega{ entity.
Waste has the same meaning as "solid waste" as that term is defir�ed in Texas Health
and Safety Code §381.003, and including hazardous substances.
B. llnless a provision in fhis Agreement explici#1y states otherwise, the following
abbre�iations, as used in th9s Agreement, shall have the meanings hereinafter
designated.
CERC�A - Comprehensive Environmental Respanse, Gampensation, and Liability Ack.
CPR - cardippuimortary r�suscifation.
DOT - United States Department of Transpat�ation.
ECC - Enviranmental Coliection Center.
K�
EPA - United Staies En�iranmenta[ Protectian Agency,
HAZCAT - hazardous eat�gorization.
HAZWOPER - hazardous waste operations and emergency response. -
HM - hazardous materials.
HHW - hausefi�old hazardous was#e.
MCU - Mobile CoNection Unit.
2.
PURPQS�
The pur�ose of this interlocal agreement (hereafter "Agreement") is the provisior� oi services by
�ort UVorth to Pariicipating Gity whereby, subject to the terms and conditions specified belaw,
Fort Worth will administe� and supervise a ��gional househol� hazardous waste coHection
program, which will be available to househvlds within Participating City.
3.
TERM
This Agreement shall be effective from the da�e the kast party has signed this agreement
through September 34, 20�2.
�.
SERVIGES OF FORT WORTH
Fort Worth agrees to perform the follawing services for Parkicipating City in connection wifh th�
ECC househald hazardous waste collection program:
A. Fart Workh will administer a regianal hausehold ha�ardo�as waste callection program.
This program will include the operation of the E�vironmenial Collection Center, which
wiH accept for disposal andlor recycling household hazardous wasie firom households
located within Participating City. Fort Worth shall not accept compressed flammable gas
contai�ers; radio�ctive materials; explosives or pot�ntiaiiy shock sensitive materials;
biological, etiologic, and infectious materials; wastes fram busin�sses; and any other
wastes that Fort Warth has determined ar� unacceptable.
B. Fart Worth will em�lay or r�tain �ersannel to provide the senrices necessary to perform
Fort Worth's obligat'tons in this Agreement.
C. Fart Warth will enter into a contract(s} w�th waste disposallrecycling firm(s} for the
handling, collect9on, tra�sportation, starage, dispasaf, treatmanfi, recov�ary, andlor reuse
af hausehaEd hazardous waste, which is collected at th� ECC.
�
D. Fort Warth will, if �equested in wr(ting by Participating C�ty, provide Participating City with
copEes af wasfe manifests for shipm�nts of waste from t{�e EGC,
E. Fort Worth will, if requested in writing by Participaiir�g City, provide Participating City a
monthly report of the Participating City's households who d�sposed of household
hazardous waste at the Enviranmentai Coilection Center or a Mobile Cflliecti�n Event. -�
F. F'art Warth will issue a repart and a�ill ai the end of each quarter d�tailing the numher of
Participating City's hous�holds that disposed of household hazardous waste at the
Environmental Collection Center or �t a mobile collection event.
G. Fart Worth wili aci undar this Agreement in accordance with aA applicable state and
federal laws. �
H. Non-Fort Worth iulobile Colfection Unit
1. Fort Worth agrees ta �ccept hausehald hazardous waste from Par�icipat�ng City's
MCU in accardance with Section 5, of this agreement.
2. Fort Warth agrees to restack the items It removes fram Participating City'sMGU,
however, Fort Warth shall only restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
l. ' Mabile Collectian Events —Usinq Fort Warth's Unit
9. If Participating City would like to sehedule a mobile collection even# with
the Fort Worth Mabile Coffection Unit, Fort Worth wilf sand Partici�ating
City a list af a�ailable dates. Participating City will can�act Fark Worth as
saon as possibl� to seh�dule th� d�te, time and laca#ion agreeable to
bath parties.
(a) Location
lf Participating C9ty chooses to hold the Mobile Collectior� Event o�
private praperty, Par�icipating City sF�all obtain a signe� waiver
fram the owner of the property 1 week priar ta the event. The
waiver shafl be in the fo�m of Exhibit B ar similar form approved by
Fort Workh. The signed waiver must be sent to Fork Worth 1 week
befare the Mobile Calfectia� E�ent. If the signed waiver is not sent
to Fort War�h 1 weefc before the Mobile .Collection Event, Fort
��rth will not send the Fort Worth Mobile Collecfion Unit to the
event and Participating City will, in no e�ent, be entitled to any
dama�es of recovery of any costs, except as provided herein.
(b) Available Dates '
Participating City acknowledges that Fort Wor�h cflntracts with
oth�r municipalities and that Fr�rt Wo�kt� will be accommadating
each Participating City's request on a first come first served basis.
Therefore, Participating City acknowledges that its chosen date to
schedule a mobile coilection event may be reserved by another
City and Participating City will have to choase another date.
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Participatir�g City will, in no event, be entitEed to any damages or
reco�ery af any costs, exce�t as provided herein.
2. At the Mo6i�e Cailectian Event, Participating City acknowiedges and agrees that
Fart Warth sha�l accept hausehold hazardaus waste fram the first 54 households
that show praaf of residency at the Mobile Colfection �vent. After the first 50 -•
hauseholds, Fort Worth will determine in its sole discretion how much mQre
waste it can accept and store properly. If more houseF�ol�s arrive at the �vent
than Fort Warth can accept, Part�cipating City will in no euent be entitied to any
damage of recovery of any casfs, excepi as provided herein.
3. Due to the lack of starage space af the ECC, Patfic�pating City acknowledges
and a�rees that if it requests the Fart Workh Mobile Callection lJnit at a mobile
callection event, a Participat9ng Gity's Non-Fort Warth Mohile Callection Unit s�alf
not also be at the event.
4. City, in i�s sole discretion, will determine wf�ether to s�nd the Fart Worth Mobile
Coll�ction lJnit to Participating City"s Collection Event during adverse weather or
th� threat af adve�se weather including but not limited to sleet, snow, rain, mist or
hail. In fhe event Fort Worth det�rmines not to send tha Fort worth Mobi��
Calfection Unit, Fort Worth shall no�ify persons listed in Sectian 5, Paragraph A
and sF�all send a Fart Worth empjayee to the Participating City's event to tell any
residents that came to disp�se of ho�set�old hazard��s waste; 1) that the Fort
Warth Mobile Cc�llection Unit wil) not be coming to the event, and, 2} t}�at #he
r�sident can go to �F�e ECC to c{�spose af the was#e and provide a map to fhe
ECC.
5.
DUTIES �F PaRTIC1PATING CITY
Participating City agrees to perform tt�e fallawi�g duiies in connectior� with the ho�sehofd
hazardaus waste cal�eciian program:
A. Participating City will ciesignate one of lfs employe�s, and anQther as an alternafe, to act
as its household hazardous waste cflllecti�n coordinator to interact witF� Fort Wortn.
Designated person is: �w �vy � ti I��a v� telep�t�ne number: l.� �� �� �1 "' � tl�
Pager number or 24-hour number where he or she can be reached: '7 ��-1 e��
Alternate persan is �,� JVQtt�i'b� telephone number: 1? ����J�-'�'�
Pager number or 24-hour number wher� he or she can be reac�ed: ��
B. Participating City will coordinate and fund a!I program advertising targeted to its own
citizens, as it deerns necessary. Such advertising shail include the type of wastes #hat
wilf be accepted at the ECC, fhe requirement of proo# of residency and weather
cancellation information.
C�
C. Participating City shall notify its residents af the ECC hours of operaiion and dates it is
closed as pr�vided in Section 9"The Enviranmental Gvllecfion Center Hours of
Operatian."
D. Participating City may choose ta utifize a voucher system for its residents �n order for
them to bring HHW io the ECC. �f Participating Ciiy chooses to use such a system, it -�
shall notifiy Fort Worth of the dec€sion, and shal! prvvide Fort Vllorth with a copy of the
official voucher. !n addition, if a citizen fram a ParticipatEng City that utiliz�s a vouch�r
system comes ta the ECG or a mo'�ile calleciion event without a voucher, Participating
C9ty acknowledges and agrees that Fort Warth will nat accept the household hazardous
waste until Parkicipating City authorizes the acceptance in writing.
E. Par�icipating Cifiy may submit a written request far a monthly r�port listing the �umber af
its ctty's households that have disposed of fi�ousehold hazardous waste at the �CC ar a
mobile callection event.
�. Participating Ciiy shall pro�ide traffic contral and s9gnag� for the mabile callectian
events, and shall provide personnel tv assist Fort Worth with the survey and screening
of persons droppi�g off hous�hold hazardous waste. The parties prior to th� event shall
agree upan the details of th� traffic control, signage, and personnel as�istance.
G. Participatinq Citv's iUlobile Collection Un+ts Callec#inq Household Hazardous Waste
Participating City shaCl advise the ECC program manager at least 72 hours in
advance of its mobi�e collection events. Participating City shall collect only HHW
during a mabile collection event. Wastes from cammercial, ag�icultural, and
industrial sources sY�all nat be accepted. Participating City shall not accept
campressed flammable gas containers; radiaactive mat�rials; explosives or
potential{y shock s�nsitive materials; biological, etiolagic, and irtfectious
maieriafs; and any ather wastes that Fart Wart� has determined are
unacceptable,
2. l� accardance with the latest DOT requirements, Participat�ng City's MCU
operators wil! properly categorize, package, mark, lab�f, and laad i�fo the MCU,
aH wastes receiv�� at the mabile col{eckian ever�t. Recyclable products �used oif,
used oil filters, latex paint, recyclable ar�ti-freeze, lead-acid batteries, and
#luoresc�nt light�) will be segregated ir�ta cantainers for recyclables.
3. After acce�ting wastes, Partieipating City's MCU operators sf�all thoraughly
check each contair�er for praper labeling and identi�cation. If a container is
� praperly identifi�d, the mat�ria! will b� segregated according tfl hazard class and
prepared f�r packaging. If a container does not have adequate labe{ing to permit
idantification, the MCU operatars s�all #her� attem�t ta identify tfie material from
its physical characteristics usfng HAZGAT analysis and #rom infdr.mation provided
by the household �resenting the waste.
4. The Pariicipating City's MCU operators shafl package a11 hazardous materiaEs 9n
accordance with Ur�ited States Departm�nt of Transportation (DOT}
requ9rements, United States Env9ronmental Prote�tion Agency (EPA}
requirements, and all other appiicable federal and state reqUirements. Aft�r all
the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes far compati�ility, list them on the container content sheets,
and pack them into drums. Oil-based paints and latex paints shali be bu�ked
separately in 55-galfon drums, or if the paint is left in its conta9ner, the paint can
be packed in a lined cubic yard box, and packed ar�d labeled according to federal -�
and state regulations. Participating City shall nat transport waste tF�at is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispos� of
any non-HHW waste collected at the event.
5. Prior to transporting the HHW from the calfect9on event site{s), Participating City's
MCIJ operators shall camplet� a Biil ofi Lading, and shall k�ep the Bill of Lading
in the cab of the truck ha�ling the MGU d�ring transportation of the HHW to the
ECC. Partici�ating City shall require tt�at a minimum of one copy of #t�e latest
North American Emergency Response Guidebook be ke�t within the cab of the
truck.
6. During transportation, Parkicipat�ng City's MCU operators shall placard the MCl1
for transpor�ation of hazardous waste 9r� accordance with federal and state law.
7. Upon the returr� of the MCU tfl the ECC, Participating City's MCU operatars shall
follow #he instructians of Fort INorth r�gardir�g the placement of th� MCU for
unl�ading. �ort Warth shall take passession af the MCU from Participating City
after the MCU has been properly pa�ked fiar unloading in accordance with Fort
Worth's instructians and all required documents have been delivered to the ECC
program manager or his design�e at the ECC. �ort Worth shall, within a
reasanabie amount of time, unload the HHW from the non-Fort Worth MCU and
store the HHW at the ECC.
8, lf Fort Wotth, in its sole discretior�, d�term�nes that Participating City's MCU
operatars im�roperly packaged a�y of the HHW delive�ed to the ECC, Fart Worth
sha11 repackage suc� r�aste, and Participating City shaA reimburse Fort Wor�h as
set for�h in Section 10., Paragraph B.
9. If a spill occurs at the ECC wh�le the MCU is still in Participating City's
�assession, Fort INorth shall take control of the spill response and ParticipatEng
City wifl reimburse Fort Worth for its response costs as set forth in Secfion 1�.,
Paragraph C. � '
. . 6.
USE OF WASTE DlSPOSALJRECYCI.ING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a con�ract(s) with waste disposallrecycling firm(s) for the
handlir�g, cahection, transportation, storage, dispasal, treatrnent, recovery, andfor re�se
of househald 1�azardous waste, which is collected at the ECC.
B. Such firm{s) shall be required �ursua�t to the ccntract(s} to assume generator status for
the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to chaose a
c4is�asal si�e for ihe waste subj�ct to Fart 1NorEh's a�pro�al, and to indemnify Fart Warth
and par#icipating cities against any and all enviro�mental damages and the �iolation of
any and all environmental requirements resulting frc�m the handling, coilec#�on,
transpor�atiQn, storage, dispasal, treatment, recovery, andlar recyc�ing af waste collect�d
pursuant ta this agreement, when saic� �nviranmenta! darrEages or the violatian of said
environmental re�uirements was the rasult of any act or omission of contractar, its -
officers, agents, employees, or subcantractors, or the joir�t ac� or omission of contractor,
1�5 OffEC�1'S, agents, empfoyees, ar subeontractars and any other person or entity.
C. iH� ��4R�l�S �ECO{9N[l�� T�Ai ALi}iOUG�i TFi� �IRIUI (S) WILL �� R�QLJIR�D
�O poSSUIIIhZI� C�iV�RAT�R S�A�US, i�115 ASSIlf�IlPil��' 1diIIIL� NOT RELI�1l�
�ARi�CIP�YIfVG CITY O� LIA�I�ITY �OR iH� WAS7� UND�R FFD�f�� �A1dV
AN� STA�'� tiAW. For� Worth will arrange far recycling vendars for used oil, �atteries,
antifreeze, and ather materials, as it deems apprapria�e.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fort Worth wili make auaifable to residents and busir�esses of Fort
Worth, as we[I as, Participating City and r�sidents and businesses of Participa�ing City
#or their use, collected household hazardous waste materials that are suitable far reuse,
such as paint, fertilizer, motor oi�, and antifre�ze. Fart Wor�h shall not charge for any
materials that are picked up �or reuse.
B. Some materials made available for reuse may have been consolidated and filtered by
Fort Worth priar to being made available. Used antifreeze will ha�e be�n consolidated in
a barrel, fiftered, and pH balanced, and new aniifreeze may hav� been added io the
barrel.
C. !n regards �o materials accepted by Participating City, FORT WORib f�AK�S N4
FtEPR�S�iVTAilONS, WARR�N�I�S OR C1JA�►NTIl�S iH�1%
1. the con#ain�r contents are what the label ind9cates;
2. the container contents are those originally placed into the container by the
manufact�rer;
3, the praduct is of the quality intended for its use;
4. the cc�ntents of the coniainer have been stored properly;
5. the instructions on tf�e container Eabe1 far use, storage, and first aid are current or
carrect;
6. the container is in uriimpaired condit�on;
7. tl�e product 9s stil! approved for use (i.e., it has not be�n banned or recalled); and
8. tF�e product can be used without risk to persons, property or �he enviranment.
0
FUR�'H�R{VIBR�, ALL 1dVAFtRAf�7'I�S, �XPRI�SS �iV� IIIIiP�I�D, ���
S���IFICA��,Y D�P![��.
D. Participating City s�all contact the ECC pragram manager ta arrange a pickuP time to
obtain materials. Partici�ating City agrees thaf it sY�all not return toFart Worth, directiy or -�
indirectly, any materials it obtains from Fort Worth under tnis paragraph.
E. IIV R�GAR�S i0 flflAei�f�EALS paCCEI����l �Y P�.R7ICIP��INC CIiY,
��eRTI�IPA��N� CIiY DO�S H�R��Y WAIV� AL,L CL�,�IIl�S, liVCLUDIN(s
PRODUC�S �IEl�[�.ITY CLAIIV�S, AND I����aS�S, AN� HO�.�S bAR�VILESS �'W�
CI�1( �F 1�ORi WOR�h1, �►!VD �4l.L, O� IiS O��ICI►��S, �FFiC�f�S, �����Y�FS,
l9►��f�T5, �►W� VO�Uf�iE�F�S, IW �OiH �[��lR PIJ�LiC APl�3 PRl1l���
CAPACIiI�S, �ROIVI ANY AN� ALL �,IAB1�,lTY, CLALMS, SUIiS, ��IVI�►N�S,
�XP�NS�S aF L171f�AilON, O�t CAUSES O� ACiION WH1CH Illi�►Y ARISI� �Y
��ASOf� OF 1NJURY TO P�RSONS, l�OSS O� PRO��R7Y, DAiV��G� iO
PRO��I�YY, DR LOSS O� IJSE OF ANY P�OP�RiY , OCCASI�N�� �Y Tl-!E
iR�ifVSPORYE1ilON, SiOR�►C�, HAPJ�L[A[C�, ilSE, AN� DiSPOS�L �Y
�AR�ICI�Ai[�'G CIYY O�' R{�Y fVIAY�RIA�S ACC�PiED �Y PARiICI�/�TIf�G CIiY
UiV��R iHIS �f�R��fl�ENT �'ROM FORi WORTFf.
F. 1n regards to materials
�ORi WORTH [ViAK�S
iHAi:
2.
3.
4.
5.
6.
7'.
accepted by residents or businesses of Participating Cities,
NO R��R�S�NTATIONS, WARI�ANiI�S OR GU�►�►Nil�S
the container contents are what the label indicates;
the container contents are ihose originaliy placed into the cantainer by the
manufacturer;
the product is of the quality intended far its use;
the contents of the co�tain�r have been stored praperly;
the instr�ctions an the containar label fflr use, starage, and first aid are current or
correct;
the container is in unimpaired condition;
the praduct is still appraved for use (9.e., it has not bee� banned or recalled}; and
8, the praduct can �e used without risk to per�ons, pro�erty or the environment.
�URTF�E�IV�OR�, ALL 1lI�ARR�.WYI��, FX����S A�D Iii���l�D, AR�
S��CI�ICA��Y DElV1��.
G. Par#icipat9ng City shall attempt to inform its resid�nts and businesses t�at if they �o to
the Env9ranmental Collect9on Center to pick up household hazardous waste for reuse, a
release of liability must be signed to accept the hausehald hazardous waste for reuse.
10
8.
RlGHT TO REFUSE WASTE
Participating Gity agrees that �ort Worth shall have tf�e right 10 refuse to accep� waste at the -�
ECC from Participating City's resident and to eject such individual from the premis�s of the
ECC, if in the reasonabl� judgment of Fort Workh:
A. The waste is not household hazardous waste;
B. The waste fails to meet otF�er established criieria established by this Agreement, ar that
have been established by Fart Worth subsequent to the executlon of the Agreement;
C. The individual does not have sufficient identificaiion fo establish that helsha is in fact a
resid�nt of Participating C9ty;
D. Participating City has impEemented a vaucher system for i�s residents to dispose af
waste, and �he individuaf does not have a �alid vaucher; or
E. The waste ar the individual presents a hazard ta the ECC or #o p�rsons or }�roperty at
the ECC.
9.
ENVIRONMENTAL COLLECTiON CENTER HOURS AND I7AYS
O�' OP�RATfON
A. Hours of Operation
Duri�g the term of the agreement, the ECC's hours of operation are as follows:
TMursday and �riday 11 :00 a.m. -7;00 p.m.
Saturday 9:00 a.m. -3:00 �.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be c{osed on the following days:
T}�anksgiving HolidayT November 22 -23, 2001
Christmas Holiday, December 2�- 25, 20D1
December 30, 2001 through .fanuary 11, 20�2, far cleanup and repairs
M.L.K. Day January 2�f, 2042
� Memorial Day, May 27, 2D02
Independence Day, Ju1y 4, 2�02
Labor Day, September 2, 2D02
C. Natifying Residents
Partieipaiing City agrees to natify its resid�nts af the ECC's hours of operation and dates it will
be closed. Pa�tic9pating Ci#y may �dvertise the 24-hour Enviror�mental Callection Center
11
telephane number to give its res9dents the Environmental Collection Cenier's hours. The
number is: (817) 871-5257.
� a.
COMPENSATION
As fair comper�sation for the services provided by Fort Worth pursuant to fFis agreement:
A. Par�icipating City agrees to �ay Fort Worth the sum of $60.D0 per hausehold per visit to
the ECC or per hflusehold for participat9on in a Mobile Collection Event to dispose of
hausehoid hazardous waste.
B. If Fort Worth determines that Partic9pating City's MCU operators improperly packagad
any ofi the HHW delivered to the �CC, Fort Wo�h shall repackage such waste, and
Pariicipating City shall reimburse �arf Workh for it staff time at $20.00 an hour and the
cost of suppfies.
C. If a spill occurs at the ECC while the Non- Fort Worth MCU is stiil in Participating City's
possession, Fort Worth shall take cantrol ofi the spill response a�d Participating City will
reimburse Fort Worth fnr its response costs of $64.Q0 per hour staff tim� and the cost of
supplies.
D. The amount due to �ort WortF� for services pravided under tnis Section, Paragraphs A,
B, and C, shall be biH�d to Parkicipating City q�arterly. Participating City shail pay Fort
Worth within 30 days af recei�ing a bill fram Fork Worth. If Fort Warth does not receive
paymeni within 30 days, Fart Worth shall infarm Participating City in wrEtir�g that it will not
accept any household hazardous waste from Participating City's residents and that Fort
Warth will not participate in a mobile collection event ar provide a mobile cflllectifln unit
until paid.
�. At the end ofi the term of this Agreement, For� Wort� shall pra�ide a final accounting to
Participating City, which will include th� total number of Participating City's households
which participated in the pragram, repackaging fees, if any, and tF�e totaf cast of s�ill
response charged� ta Participating City, if any.
F. Pursuant to t�e requirements of Government Code §791 A11 (a)(3}, the amount due to
Fort Worti� under Subparagrapn D. above shall be paid from rever�ues currently
available to Participating City i� the present fiscal year.
�
�Fa
1�. �
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTI�NAL MATERjALS
L.ICENSE AGREEMENT
Fort Warth is the owner of "Capfiain Crud" and the Cruddies {"�foomer," "�tfa,'" "�esiie,
"Scrub," and "Van Coo"') "Conquer Your Crud," and ""Crud Cruiser", and therefore all -�
ownership rights belong to Fart Worth. �ort Wor#h has registered these marks as service marks
with the Secretary of 5tate.
A. Fori Worth hereby gfants to Participatin� City a non-transferable, non-exclusive licensa
to use all the artwork and p�omotional materials that may be provided by Fort Worth to
be used solely in the cond�act of the business of Participating City's disposal and
r�cycEing a# household ha�ardous waste programs. if Participating City wishes to use fo
Licensed Art a�dlor Promationa! Materials in other limited sifuatior�s, Participating City
must flrst obtain ex�ress written cansent from Fort Wor�h.
B. Fort Worth may �rovide licensed Artwork and Promotional Materials ta Participating City
pursuant to tl�e terms of this Agreement. Participating City acknowledges that by �irtue
of �his License, Pariicipating City acquires only the right to use the original and permitted
dup�icate copies of the Licensed Artwark and Promotional Materials and does not
acquire ar�y rights o# ownership in the l.icensed Artwork and Promotional Materials,
which rights shall remain excl�asive�y with Fort Worth. I� Participating City wants to madify
ar change the artwork andlor promotional materials in any manner, Participating City
hereby agrees ta contact For� Warth in wri�ing to obtain written consent before madifying
or changing any artwork andlor promotional materials. -•
C. If Participating City desires an actor to portray "Captain Cru�" for an event, Partic9pating
City shall use actors appraved by Fort Worth to po�iray "Captain Crud" since "Ca�tain
Crud" is owned by Fort Worth. Participating City shali be solefy responsible fiar
compensa�ing actor for the services pravided to Participating City. Participating City will
contact �ort Worth as soon as pflssible with t�e dafe and time of the ev�nt agreeable to
both parkies to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" costume for its events. Fart Worth will provide the "Captain Cru�"
costume. However, Participating Gity agrees to be liable to Fort Warth for any damage to
the c�stume ar if Participating City fails ta return the entire costume to Fort Worth ar if
the costum� is not return�d in the same condition as received.
12.
IMMIJNITY
It is expressly understaod and agreed that, in the execution of thEs Agreement, none of th�
participa#ing cities waives, nor shalf be hereby deemed �o wai�e, any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental powers
and functions, and that th� services described in this Agreement are a g�vernmental fiunc#ion.
13
'[ 3.
FORCE MAJEURE
A delay ar failure af Fart Warth to �ertorm services pursuant to this Agreement shall be exeused
to the extent that the delay or #ailure to perForm resulted from a force majeur� event, and the
delay or failure was beyond the control af Fort Wo�h and nat due to its fauit or negligence. "
Participating City shaEl not have, and hereby waives, any claim whatever for any damages
res�fting from delays or failure ta pe�Form caused by a farce majeure event.
'i 4.
TERMINATI�N
The par�ies shalf each have th� right to terrninate the Agr�ement for any reasor�, with or without
cause, upon thirky (30) days written natice to the �ther party. lJpon termination, the parties shal!
be re[eased from ail cantractual abligations to the other party excluding "USE OF WASTE
DISPOSALIRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
"REIJSE O� COL�ECTED MATERlAL5" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRUDDIES," AND PROMOT{ONAL MATERIALS L.ICENSE AGREEMENT'
(Paragraph � 'i �.
15.
NOTICE
Any notices required ta be given under this Agreement snalE be delivered as foilows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Departmen# of En�ironmental Managem�nt
City af Fort Wori�
1000 Thrackmortan
Fort Warth, Texas 76102
If to Participatinq Gitv:
kv�e S W•�u i � r�- �Gl.
� '� � � � �
� C � �t 1%✓
� 7 �.�cx��� 5�
1fi.
ENTIRETY
This Agreement conta9ns all commitments and Agreements of the parties hereto, and no oiher
oral or written commitments shafl have any farce or effect if not contained herein, except that
this Agr��ment can be amended or modified �y the parties if such amendmer�t ar modificatian is
in writing and signed by Participating City and Fart Worth.
'14
17.
SEVERABILITY
In the event anyon� or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, iilegality, or -�
unenforceability shall not affect any other pro�isior� thereof and thEs Agreement sf�all be
construed as if such in�alid, ill�gal, or unenforceable provisions had never been contained
hereEn.
18.
V�NUE
Should any actian, real or asserted, at law or in equity, arise out of the terms and conditEons of
this Agreement, v�r�ue for said action shall 6e in Tarrant County, Texas.
19.
AUTHORITY
This Agreement is made for Fort Wor�h and Participating City as an Inter�ocal Agreement,
pursuant to Texas Government Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers andlor agents of the pariies hereia are properly autharized officials
an� ha�e the necessary autF�ority to execute this Agreement on behalf af tF�e parties hereto, an�
eacF� party hereby ce�i{fies to the other that any necessary resolutians extending such authority
have been duly passed and a�e now in full force and effect.
15
EXECIJTED IN TR1PLICATE
CITY OF' FORT WORTH
By. r
� �
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Libb�� � . . �M �
atsan
Assista�t City f1�a}�a��r �
Date: -
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Printed har�ie: �~ `�
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� Title: Mayar
I Date: �t[W�o I
APPR�VED AS TO �ORM
AND LEGAL�ITY:
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tant � ttorn �
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ATTEST:
�Gloria earson
City Secretary
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Contract authorization
.�Y ` . _
Date
APPROVED AS TO F'aRM
AND ��GAI.ITY:
Assistant City Attorney
ATTEST:
�,�,� .
� y Se tary
1�9��1���� US���
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16
Exhibit "B"
WAIVER ANI] REL.EASE OF LIABILITY �OR C�LLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the awner of property lacated at
have been asked by the City af to allaw a mobile collection
event on my property to callect nousehold hazardous waste on the , 2oa1.
In consideratian of , I hereby give my permission to the Ci#y of
to ha[d a household hazardous waste co1[ectian event on my
property in which the City of has asked the City of Fort Worth
to send its ma�ile collection unit to collect the household hazardous waste that is brought to the
event.
Therefore, in consideration of , I hereby RE�.EASE,
D15CHARGE, HOL.D HARMLESS, INDEMNIFY the Gity of Fart Worth or ifs officers, ager�ts,
and employees and the Ciiy of and its officers, agents,
andlor employees for any and all claims, demands, liability, causes of action, actions or suits af
any character that ! may have aga9nst the City of Fort Worth or its officers, agents, andlor
employees and the City of or its officers, agents, a�dlor
employees far any pr�perty foss or damage, for any and all personal injury ir�cluding death o�
any other damage afi any kind or character wnich may arises or that arises fram allowing the
City of to hflld a househald hazardous waste colEectian event, in
which t�e City of Fort Worth sends its mobile callecti�n unit an my properky.
1 have read this Waiver and Release and fuily understand ifs terms and conditior�s. 1 ha�e not
been infiluenced in any extent whatsoever by any representa#ian or statements nat contained in
fhis Agreement. I hereby acknowledge ti�at this Waiver and Release is gi�en in consideration of
Signature
Witness
Date
18
C'iiy of �or�i Y�orth, T'e�as
- _� , -
�, ;�, � - � � � - - , -
�o��r�i��tio�
DATE RE��RENGE NUMBER I LOG NAME PAGE
1 Q19101 **��1 g7'77' 52COLLECTION 1 of 2
su���c� APPROVAL. OF INTERLOCAL AGREEMENTS WITH VAR[�US MUN[CIPALITIES FOR
THEIR PARTICIPATION AT THE ENViRONMENTAL COLLECTION CENTER
RECOMMENDATION:
�t is recommended that the City Council authorize the City Manager t� execute Interlocal Agreements
with �ariaus municipalitieslentities for their par�icipa�ion at the En�iranmental Callection Center.
D15CUSSION:
The City's En�ironmental Ca[lectian Center is now in its fifth year of operation collec#ing household
hazardous waste from the citizens of For� Worth and surrounding cammunities on a year-round basis.
In order for non-Fort Wor�h cifiizens to participate at the center, each municipality is required ta en#er
inta an lnterlacal Agreement wifih the City of F'or� Worth.
Last year, 23 area communities signed participation agreements with the City. Far the upcoming year,
we expect that number to rise to 24 cammun�ties. The rate per �ousehold for the period cavered hy
these agreements (October 1, 2001, through September 30, 2002) is $6Q. �t is anticipated that
approximately $300,000 will b� callec#ed under these agreements.
This agreement outlines the r�sponsibilities of each party, estabfishes the rate for participation, and
delineates the use af service-marked public education mafierial, The City is responsib�e for the overall
operation of the cenfier, incl�ading cantracting with a hazardaus waste disposal company for
transPortation and disposal of materials collected.
The fiollowir�g entities have expressed an in#erest or ha�e already committed ta participation for the
period October 1, �aD1, through September 30, 2002:
Arlington�`
BenbraoEt
Everman*
Grapevine
Keller
Richland Hips�`
Stephen�ille
llnincorporated Tarrant Caunty
Azle
Burleson
Euless
Haltom City
Newark
Riuer �aks
5ou#hlake
Venus
Bedford
Colleyville
Grand Prairie
H u rst
North Richland Hills
Saginaw
Upper Trinity Regional Water
Watauga
*These municipalities are expected to participate, but have not yet returne� their approved agreements.
DA7E
� oisia �
sus�ECT
C`it� of �o�t 8�'o�th9 �exas
l���or �r�� Co���� �
����������or�
REF�R�NCE NUMBER �.OG NAME PAGE
**�o� �777 52COLLECTION I 2 of 2
APPROVAL �F lNTERLOC L AGREEMENTS WITH VARIOUS MUNICIPALITiES FOR
THEIR PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
F'ISCAL IIVFORMATIONICERTIFfCATION:
The Finance Director cer�ifies tha� the Envirortme�tal Management Department will be responsibfe for
the collectio� and deposit of funds due to the City u�der these agreements.
L.W:k
Submifted for City Manager's
Office by:
Lihby Watson
Qriginating Department I3ead:
G183
�untn � Accou�vT �
(to)
R103 488220
Brian Boerner 8079 � (from)
CENT'�R
o����oo
AMOUIVT I CITY SECRETAAY
APPROVED l o/p9/p 1
City of Fo�t l�o�il�9 Texas
� I ��;� r � 1, i i w� r'� I_ i i � - I
������������
DATE
1019101
SUBJECT
RE��f2�NCE NUMB�R LOG NAME
*'���� �777
APPROVAL OF INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPAL�TIES FOR
THEIR PART{CIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
�*�•TK�j������i1�j
PAGE
3 of 2
�
I Additional Iaformation Contact:
Brian Baerner 8079