HomeMy WebLinkAboutContract 27183�
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CITY ��CR�Y��Y , -
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1NTERLOCAL AGREEM�NT FOR PARTICIPATION IN �ORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARD�US 1NASTE PROGRAM
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THIS AGREEMENT is entered into by ar�d between the City af Fort Worth, Texas, a home-rule
municipaC corporatian situated in Tarrant and Dentor� Counties, Texas, hereinafter called "Fort
Worth," acting herein by and through Charles Baswell, its duly authorized Assistant City
Manager, and Arlington a municipality situated In Tarrant County �
Texas, hereinaft�r called "Participating Ciiy," acting herein by and through �-�'• 5tu�ez, ar.
its duly authorized Degu�y City �tana,ger .
WITNESSETH �
WHEREAS, Texas Government Code, Chapter 791, authorizes the formu[atifl� of intarlacal
cooperatian agreements between and among local governments; and
WHEREAS, Texas Government Code, �794.011 provides that a local government may contract
with an�ther to perfarm gov�rnmentai functions and services, and §791.003(3}(H) def�nes waste
disposal as a go�ernmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree
r�itF� another local government to purchase services; and
WHEREAS, Fort Warth and Pa�kicipating City desire to ent�r into an interlocal agreem�nt
w��reby Fort Wor�h will purchase the services .af a waste dispasallrecyciing #irm or f'rrms and
wil! administer a household �azardous waste coflection pragram; and
1NHEREAS, Fort Wort� a�d Participating City mutually desire to be subject to the provisians of
Texas Gavernment Code, Chapker 791, also knnwn as the Interbcal Cooperation Act.
NOW THEREFORE, it is agreed as follaws:
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DEF1NiTIONS
A. Unless a pravision in this Agreement e�cplicEtly states otherwise, the followir�g terms and
phrases, as used in this A�resment, shall have tl�e meanings hereinafter designated.
Act of God means an act occasian�d by the direct, imm�diate, and exclusive operation
of the forces vf nature, unco�trolled or uninfluenced by the power ofi humans and wit�out
human intenrention.
. 6ill of Ladinq lists the contents af the mobile collection unit.
Env9ronmentaf Callectian Center {�CC] means the City of F'art Warth Department of
En�ironmental Managerr�ent facility located at 6400 Bridge Street, Fort Worth, Texas,
which is ta be used by Fort W�rth far the aggregation of household h��rdo�������. —
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that have been brought to the facility by participating c9ties' nauseholds far subseguent
recycEing, disposal, andlar reuse.
Environmental damaaes means all claims, �udgmer�ts, damages, losses, penalti�s, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any ciaim, whether or not such claim as ultimately defeated, -�
and af any gaad faith settlement ar judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, inc[�ding without
limitation reasonable attorney's fees and c�isbursements and cflnsultant's fees, any of
which are incurred subsequ�nt ta the execution af this Agreemenk as a r�sult �f the
}�andling, collection, transportation, storage, dispasal, treatment, recovery, andlor reuse
of waste pursuant ta this Agreement, or the existence of a v�olation of environmental
requirements pertaining to same, and including without limitation:
{a) Damages �or personal injury and death, or injury to property or natural resaurces;
(b) �ees incurred �or the services of attorneys, consultants, c�ntractors, �xperts,
laboratori�s and a11 other costs incurred in connection with ih� investigation ar
rem�diation of such wastes ar violation of enviror�mental requirements incfuding,
but not l�mited � to, ti�e preparatian of any feasibility studies or reports or the
performance of any cleanup, remediatio�, remflval, respvnse, a�atement,
containmer�t, closure, r�storat4on or mor�itoring work required by any federal,
state or Iocal governmental ag�ncy or poiitical subciivision, ar otherwise
expend�d in connection with the existence of such wastes or viofations of
�nvironmental requErements, and including withoui limitation any attorney's #ees,
costs and expenses ir�curred in enf�rcing this Agreement or callecting any sums
due hereunder; ar�d
(c} Liability to any third person or governmen#al agency ta indemnify such person or
agency for costs expended in connection w€th th� i�ems referenced in
subparagraph (b} herein.
Enyiranmentai reauirements means all applieable preseni and futur� statutes,
regulations, rules, ardinances, cvdes, lic�ns�s, permits, arders, approvals, plans,
authorizations, concessions, franchises, and s9milar ifems, af alf governmental agencies,
depariments, cQmmissions, boards, bureaus, or instrumentalities of the United States,.
states, and politicai subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection af human health or
the environment, ir�cluding witho�t limitaiion:
(a) All requirements, including but not limited to those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
r�leases, or thr�atened releases of hazardaus materials, pallutants,
contaminants, ar hazardous ar toxic substances, materials, or wastes whether
solid, liquid, or gaseous in nature, into th� air, �urtace waier, gro�ndwater, siorm
water, or �and, ar refating to the manufacture, processing, distribut�on, use,
treatment, storage, disposal, trans�ort, ar handlP�g of p�llutants, cantaminants, ar
haza�-ciaus or toxic substances, materials, or wastes, whether solid, liquid, or
gaseous in nature; and
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(b) All requtrements �ertaining to th� protection af the health and safe#y� of
emplayees or the pub[ic.
Force maieure means decrees of or restraints by a governmental instrumentali�y, ac#s af
God, wflrk stoppages due ta labor disputes or sirikes, failure of Fort Wor#h's -�
cantractor�s) to perForm pursuant ta their agreements with Far� Worif� for the conduct of
the coflection af houset�aEd hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, anci sabatage.
Hausehold hazardaus waste (HHW� mea�s any solid waste generated in a household by
a consumer which, exce�t for the exclusian provided for in �40 CFR § 261.4(b}{1), would
be classified as a hazardous wasie und�r �40 CFR Part 261.
Manifest means the uniform �azardous waste manifest #orm(s} furnished by the TNRCC
to accampany shipments of municipal hazardous was#e ar C1ass 1�r�dustrial solid waste
for waste transported to a site in Texas, or th� comparable ma�ifest of the receiving
state if the waste is transported out of Texas.
Mobile collectian e�ent means a hous�hold hazardo�s waste collectio� event by
Par�icipating City utilizing a mobile collection unit.
Fort Worth Mobile collection unit (MCU) means a non-self-propelled vehicle use� for the
periodic collection of household hazardous �waste by Partici�ating City, off-site of the
ECC, which is trar�s�or�ed to the ECC to dispase of the househo�d hazardous waste
collected at the mobile cQllection event. The �ort Worth Mobile CoHection Unit is
des9gned to hold the hazardous waste of apprnximately 50 to 75 househalds.
Participatina Cities, when used in �he plural, mea�s Fort Wor�h, Participating City, and ail
other entities which have entered into �nterlocal agreements witi� For� Worth for fhe ECC
household hazardous waste collection program.
Person means an individual, corparatian, arganization, government, or governme�tal
subdivision or agency, business trust, partnership, associatior�, or any other Cega[ entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health
and 5afety Code §36� .003, and including hazardous substances.
B. Unless a provision in fhis Agreement expl9citly states otherwise, the following
abbrevia�ions, as used ln this Agreement, shall have the meanings hereinafter
designated.
CERCLA - Comprehensive En�ironmental Response, Compensat9on, and Liability Act.
CPR - cardiopulmonary resuscitatian.
DOT - United States Departme�t of Transpartation.
ECC - Envifanmental Collection Center.
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EPA - Unifed States Environmenial Protectian Agency.
HAZCAT - hazardous categorizativn.
HAZWOPER - hazardous waste aperations and emergency response. -•
HM - hazarda�s materials.
HHW - househofd hazardaus waste.
MCU - M�bile Collection Unit.
2.
P�RPOSE
The purpose af this interlacaf agreement (hereafter "Agreement") is the provisian of services by
For� Worth to Participating City where�y, subject ta the terms and conditions specified belaw,
F'art Warth wiN adminis#�r and supervise a regional hausehald hazardous waste collection
program, which will be availabfe to hausaholds within !'articipating City.
3.
TERM
This Agreement shall be elfective from ihe date th� last party has signed tf�is agree�nent
thraugh September 30, 2002.
4.
SERViCES �F �ORT WORTH
Fort Wo�fh agrees to pertorm the fallowing services far Pa�icipa#�ng City in co�nection with the
ECC hausehold hazardous waste collection program: �
A. Fort Worth will administer a regional fi�a�seho4d hazardous waste� coilection pragram,
This program will include the operation of the Enviranmental Callectio� Center, which
will accept ior �isposal an�lor recycling housel�old hazardaus waste from househalds
located within Participating City. Fort Worth shalt nat accept compressed flammable gas
containers; radioactive materials; explosiv�s or potentiafly sl�ock sensitive mate�ials;
biological, etio�ogic, and infectiaus materials; wastes from businesses; and any a#her
wastes that �ort Worti� has determined are unacceptable.
B. Fart Worth will employ or retain personnel to pro�ide the services necessary to pertorm
Fort Worth's obligaiions in this agreemen#.
C. Fart Warth wi{I enter into a cantract(s} with waste disposallrecycling firm(s) for the
handling, callection, trans�ortation, storage, dispasal, treatment, reeovery, an�lor r�use
af household hazardous waste, vuhich is colleeted af the ECC.
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D. Fort Wvrth wifl, if r�quested in writing by Participating City, pravide Participating City wiih
capies af waste manifests for shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by Part9cipating City, pravide Participating Gity a
monthly repart a�f the Participating City's hauseholds who dispased af househald
hazardous wast� at the Environmental Collection Center or a�Jlobile Co![ectian Ever�t. •�
F. Fort Wort� will issue a report and a bill at ihe en� of each quarter detailing the number of
Participating City's hguseholds that dispased of household hazardous waste at the
Environmental Coflection Center or at a mobile caflectian event.
G. Fort Warth will act u�der this Agr�ement in accordance with all applicable staie and
federal laws.
H. Non�Fart Worth MobEle Collection Unit
1. Fort WortF� agrees to accep# household hazardous wasfe fram Participating Cify's
MCU in accordance with SeGtion 5, af fhis agreemeni.
2. Fort Wor�h agrees to restock the iiems it removes #rorr� Participating Gity'sMCU,
however, Fort Vl/orth shall only restock items listed in Exhibit "A", a�#ached and
incorporated herein as if set farth.
Mobile Ca�lection Events --Usina For� Worth's Unit
If Participating City wauld like to schedule a rnobile collection event with
the Fort Worth Mabife Collection �nit, Fort Worth will send Participating
City a list of available dates. Participating City will cantact Fort Worth as
soan as possible #o schedule the date, time� ar�d locatian agreeable to
both parfies. .
(a) Location
lf Participating City chooses to hold the Mobile Collectio� Event on
private property, Participating City shall obtain a signed waiver
from the awner af the praperty 1 week priar to the event. The
waiver shall be in the f�rm of Exhibit B or similar farm apQroved by
Fort Warth. The signed waiver must ba sent to Fort Worth 1 week
before the Mabile Collection Event, {f the sig�n�d waiver is not sent
to �ort Warth 1 week before the Mobile Coflection Event, �ort
Worth will not send th� �ort Worth Mobile Collection Unit ta the
event and Par�icipating City wi1�, in no event, be enti#fed t� any
damages af reca�ery af any costs, except as provided herein.
(b) Available Daies
Parkicipating City acknawledges that Fa�t Worth cantracts with
other munieipalities and that F'ort Wortt� will be accommodating
each Par�icipating Ci�y's request on a first came firsi served basis.
Therefo�e, Partici}�ating City acknowledges that its chQs�� date to
schedule a mobile c�llectlon event may be reserved by another
City and Participating City will have ta choase another date.
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Participating City wilf, in na even#, be entitfed to any damages or
recovery of any costs, exce�t as pro�Eded F�erein.
2. At thE Mobile Collection Event, Participating City acknowledges ar�d agrees that
Fort Worth shall acce�t household hazardous waste from the first 50 househalds
that show p�oaf af resider�cy a# the Mobile Callectian Event. Affer the first 50 -�
househa�}ds, �a�i Worth will determine in its sale discretion how much more
waste it can accept and store properly. It more households arrive at the ever�t
than �art Warth can accept, Participating City wil! in no event be entitled to any
damage o� recovery of any costs, except as pravided herein.
3. Due ta the lack of storage space at t�e ECC, Participating City ac[cnowledges
and agrees that if it requests the Fort Wvr�h Mab91e CoNection Unit at a mobile
callect9on event, a Participating City's Nan-Fort Warth Mabile Collecti�n Unit shall
�ot also be at the �vent.
4. City, in its sole discretion, will determir�e whether to send tf�e Fort Worth Mobife
Collection Unit to Participating City's Collection Event during adverse weather ar
the threat of adverse weath�r including but �at limited to sleet, snow, rain, mist or
hail. In the event Fort Worth determin�s not to send #h� Fc�rt Warth Illllo�ile
Collecti�n Unit, Fort Worth shall noti�y persons listed in Sectian 5, Paragraph A
and shail send a Fort Worth employee to the Par#icipating City's e�er�t to tell any
residents that come to �ispose of hous�hold hazardous waste; 1) that the For#
Warkh Mobile Collection Unit wi11 nat be cflming to the eve�t, and, 2) that the
resident can go to the ECC to dispose af �F�e waste an� provide a map to the
ECC.
5.
DUTIES OF PAR7'ICIPATWG CITY
Participating City agrees io �erform the fallowing duties in connection with the househa[d
hazardous waste collecti�n pr�gram: � �
A. Participating City wifl designate one af its employees, and another as an alternate, to aci
as its hausehold t�azardous waste cofiection coordinator to in#eract with Fort Worth.
Desigr�ated persan is: Lo�ie And�rYe telephone number: �17-459-577�
Pager number or 24-l�our r�umber where he or she can be �eached: �17-�G34-8T77
Afternate person is Robert Bvrd telephane nurrmber: �17-459-58b5
Pager number or 24-hour number vuhere he or she can be reached: 817-432--043s
B. Parkicipating City will caardinate and fund afl program adver�ising targeted to its own
citizens, as if deems necessary. Such adve�tising shali include the type of wastes that
will be accepted at the ECC, the requ9rement of proof of residency and weat�er
cancellation infiormation.
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C. Participating City shall natifiy its residents of the ECC hours of operation and da#es i# is
closed as provided in Section 9"The Enviranmental Collection Center Hours o�
Operation."
D. Participat�ng City may c�oose to utilize a voucher system for its residents in order for
them to bring HHW to the ECC. If Par�icipatir�g City chooses to use such a sys#em, i# -•
shaEl notify Fort Warth af the decision, ar�d shalf pravide Fart Worth with a copy of the
official voucher. In addition, if a citizen from a Participating City that utilizes a voucher
sysfem comes to the ECC or a mabile collec�ion event without a vaucher, Participating
City ack�owledges and agrees that Fort Warth will nat accept the household hazardous
` waste unti! Participating City autharizes th� acceptance in writing.
E. Participating City may submit a written request for a monthly report �isting the number af
ifs c�iy's hauseholds that have disposed af household hazardous waste at the ECC ar a
mobiEe co�lection event.
F. Participating City shall provide traffic contral and signage for the mobile callection
events, and shall provide persannel to assist Fort Worth with the survey and screening
af persons dropping aff household hazardous waste. The �arties prior to the event shall
agree upon the d�tails of the traffic control, signage, and personr�el assistance.
G. Participating Citv's Mobile C�Ilection Units CollectinA Household Hazardous Waste
1. Participating City shalf advise the ECC prog�am manager ai least 72 hours in
advance of its mobife collection events. Par�icipating Ciry shall collect anly HHW
during a mob�le coll�ction event. Wastes fram commercial, agric�ltural, and
industrial sources sha11 not be aecepted. Participating City shail not acce�#
compressed flammable gas cantainers; radioactive materials; explosives or
potentially shock sensitive materials; biolagica[, et9ologic, and infectious
materials; and any other wastes that Fort Worth has defermined are
unacce�table.
2. in accordance w'tth the latest DOT requirements, Participating City's MCU
operators wil! properly categorize, package, mark, label, and load into the MCU,
ail wast�s received at the mob9fe callection even#. Recyclable praducts (used oil,
used oil filters, iatex paint, recyclable anti-freeze, lead-acid batteries, and
fluoresceni lights) wlll be segregated into co�tainers for recyciabies.
3. After accepting wastes, Participating City's MCU operators sha1l thoroughly
check each container for proper labeling and identificaiior�. If a container is
- properly identifed, the material will be segregated according to hazard class and
prepared for packaging, lf a cantainer does not have ad�quafe labeling to permii
identification, tt�e MCU operat�rs si�all then attempt to identify the material f�om
its physical characteris#ics using HAZCAT analysis and from infarmatian provided
by the household presenting the waste.
4. The Participa#ing City's MCU operators shall package all hazardous materiais in
accordance with United States Department of Transportation (DOT}
requirements, lln9ted States �nvironmental Protection Agency (EPA)
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requirements, and all other appCicable federal and state requirements. After all
the wast�s have 6een praperiy identified and segregated, th� MCU operators will
reexamine t1�e wastes for compatibifity, list them on the container cantent sheets,
and pack them int� drums. Oil-based paints and fatex �aints shall be bulked
separately in 55-gallon drums, ar if the paint is I�ft in its container, the paint can
6e pac�Ced in a lined cubic yard box, ar�d packed and iabeled according tfl f�d�ral -�
and s#at� r�gula#ions. Participating City sha[! not transport waste that is nat HHW
to the ECC. Participating City agrees to make its own arrangements to dispose of
any nar�-HHW waste callected at the event.
5, Priar ta transparking the HHW from the collection event s9te(s}, Participating City's
MCU operat�rs sha1l complete a Biil af Lading, and shall keep the Bill of Ladi�g
in the cab of the truck hauling the MCU during iransportation of the HHW to the
ECC. Pa�kicipating City shall require that a minimum af o�e copy of the latest
North Am�rican Emergency Respanse Gu9debook be kept within the cab af the
truck.
6. During transportation, Participating City's MCU operators shall placard �he MCU
for transportation of hazardous waste in accordance with federal and state law.
7. Upon the refum af the MCU to the ECC, Partic9pating City's MCU aperators st�a11
'follow the instructions of Fart Worth regarding the placement of the MCU for
unloading. Fort Worth shali take possessian of fihe MCU from Participating City
after t�e MCU Ftas 6een properly parlced far unloading in accardance with �ort
Wort�'s instructions and all required dacuments have been defivered to fhe ECC
program manager or h9s desig�ee at the ECC. Fort Worth shall, within a
reasar�able amount of time, unload the HHW from the non-For� War�h MCU and
store tha HHW,at the ECC.
S. If �ort Warth, in its sole discretion, determines that Participa#ing City's MCU
operators improperly packaged any of the HHW delivered to fhe ECC, Fart Warth
sha11 repackage such waste, and Par�icipating City sha11 reimburse Fort Worth as
set forti� in Sectian 10., Paragraph B.
9. if a spill occurs at th� ECC while the MCU 9s stiil in Participating City's
possession, Fart Worth sha[I iake cantrol of the �p9ll response and Part�cipaiing
City wil� r�imburse F'ort Worth far its respanse costs as set �o�t� in Section 1 a.,
Paragraph C. �
- B.
USE OF WASTE DlSPOSALIRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter info a coniract(s} with wast� disposallrecycling firm(s} for the
handling, coAectian, transportatian, storage, disposal, treafiment, recovery, andlor reuse
of hausehold hazardaus wasie, which is collected at the ECC.
B. Such firm(s} shall be req�ired pursuant ta the ccntract(s) to assume generatar status for
the waste collected, (excl�ding used oil, fead-acid batteries an� antjfreeze) ta choose a
r� + ,
disposa! site for th� waste sub�ect to Fort Wor�h's ap�roval, and to indemnify Fort Worth
and par�icipating cities against ar�y and all environmentaf damages and the vioEation of
any and al! environmental requirements resulting from th� handling, coliection,
transportation, storage, �isposal, treatment,recovery, andlor recycfing of waste colEected
pursuant to this agreement, when said environmental damages or the violation of said
�n�ironmental requiremen�s was the result af any act or omissian of contractar, its -�
officers, agents; emplayees, or subcantractors, ar tha joint act or omission of contractor,
its officers, agents, emplayees, ar subcontractors and any other person or entity.
C. THE PAR�'I�S R�COCI�IZE 7HA� A��WO�1Gb iHE �I�M (S} WI�� �� R�QUIRI�D
�'O ASS�I{V�� ��IV�RA�OR SiAiUS, iblS �55UIViPilO�! 11ii11lLL 1�0i �.�L1�lI�
�AftTIC1P�iINC Cl�l( O� �.I�B1LliY FO� �W� IaVASTI� UNf7�� �'���RA� �o1A!
AN� SiA'�� LA�!!. Fort Warth will afrange for recycling vendors far used oil, batteries,
anfifreeze, and otF�er materials, as it deems appropriate.
7.
REUSE OF COI.I.ECTED MATERIALS
A. From time-to-time Fort Worth will make available to residents and businesses of Fort
Worth, as well as, Parkicipating City and residents and businesses of Participating Ci#y
for th�ir use, collected household hazardaus waste materials that are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any
materials that are pic�ed up for reuse.
B. Some materials made available for reuse may have been consofidated and fi�tered by
Fort Wortl� prior to being made available. Used antifreeze wilf have �een co�salidated in
a barrel, filtered, and pH baianeed, and new aniifre�z� may nave been added to the
harrel.
C. In regards to materials accepted by F'articipating City, �ORT WO��H i�iAK�S P!O
R�PR�S�fVTAiIO�IS, WARR�►fViIES OR CUA�4f�ilES iHA�':
1. the container contents are what the Isbel indicates;
2, the cantainer cnnt�nts are those originaf{y placed into the container by the
manufacturer;
3. the product is of the quafity intended for its use;
4. the contents of the container have been stored pr'operly;
5. the instr�ctior�s on the container label for use, storage, and iirst aid are current or
correct;
6.� #he container is in unimpaired conc4ition;
7. the product is sti[I approved far use �i,e., it has no# been banned or recalled); and
8, the product can be used withaut risk to persons, properfy or the en�ironment.
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��1Ftib�FiIV�OR�, ALL WAR�ANiII�S, �XP[��SS Ai�� Il4lIPLII�D, poF��
�PFCIFICALI�Y ��NI��.
D. Partici�ating City shall cantact the ECC ptogram manager to arrange a picku� time to
abtain materials. Participating City agrees that it shall not return toFort Warth, directly or "'
intlirectly, any mat�rials it abtains from Fort Worth under this paragraph.
E. IFl ����f��5 i0 BAAT�I�I�O�� ACC��i�� �Y ��,Ri1CIPATING CI�Y,
���iIG[�A�'Ii�C CiiY �O�S I��R�BY WAlV� A�� CL�f A�S, INC��I�1NG
�RO�LlCi� l..1�►�[LI�Y CLAIMS, AAID R�LFAS�S, Ai�D �10��5 HARiVIL�SS TW�
�IiY OF I�ORi W�RT'H, p►iV� 1��� O� l�S O��ICIALS, O�F�C�RS, �IUI��OYL��,
���f�YS, APlD VO�UNT��FtS, IN �OYH iH��R �U�LIC AND PRIVAT'�
C�o�►4CI�'I�S, �RONi AI�Y AI�� ALL LIA�ILIiY, CLA�MS, SIJi'CS, ��IVI�►M�}S,
EXPk�NS�S �� �I'TIGATION, OR CAUS�S O� ACTEOf� WHICH IV➢AY ARIS� �Y
R�A50N OF 1fdJU�tY TO PERSOfdS, LOSS OF PF��F'��iY, �AIV�AC� i0
PR�P�RiY, OR �OSS O� US� O� /�NY �RO��RYY , OCCASIO�lI�D �Y i�1�
i�NS�O��A�IOW, SiORdGF, bAN�]I.INC, US�, AiV� �15�OS�L �Y
P,ARiICIPATIf�G CITY O�' ANY NY�►i�RIR�S /�CC��T�� �Y PARi[CIPAiIFlC� CI'CY
11fV��� �'HIS AC�tEEi�JI�Wi �'RO�fl �ORi 1lVORib.
F. 1n regards to materials accepted by residents or businesses o�€ Partieipating Cities,
�O�T' WORiE� MAK�S Fl� R�PFt�S�f�iATIONS, 1lI�ARRAfViE�� �R CU�.�AN�'I�S
iHAi:
1. tf�e container contents are what the label indicates;
2. the container contents are those originally placed into the co�tainer by the
manufacturer;
3. the prnduct is of the quality intended for its use;
4. the cantents of the co�tair�er have been stored properly;
�. the instructions on th� container label for use, starage, and first aid are curre�t ar
correct;
6. the container is in unimpaired eondition;
7. the �roducf is stifl appraved for use (i.e., it has nof been banned or recalled); anci
8. the product can be used withouf risk to persons, praperty or the envitonment.
�rUF��H�RMOR�, ALL WA�F�Ah�I�S, �X4���5S ,�{Vp IN➢PLI�D, A►Rl�
SPi�CI��CA�,�,Y D�NI��.
G. Participating City shall attempt to inform its residenfs and businesses that if #hey go to
the En�ironm�ntal Caflection Center to pick up househald hazardous waste for reuse, a
release of liability must be signed to accept the househald hazardous waste for reuse.
10
8.
RlGHT T� REFIJSE WAST�
Pa�ticipating City agrees that Fort Worth shall have the right 1 D refuse to aceept waste at the "'
ECC from Participating Gity's resident a�d to eject such individuaf #rom the premises of ti�e
ECC, if in the reasonable judgment of �art Worih:
A. The waste is not househol� hazardous waste;
B. The waste fails to meet oi�er established crEteria established by this Agreement, or that
have been established by Fort Worth subsequent to the executian of the Agreement;
C. The individual does not have sufficient identificatian ta establish that helshe is in fact a
resident of Participafiing City;
D. Participating City has imp�ementec� a voucher system for its residents to dispose of
waste, artd tF�e individual does not have a valid voucher; tir
�. The waste ar the in�ividual pres�nts a hazard to fhe ECC or ta persans or property at
the ECC.
9.
ENVIRONM�NTAL C�LLECTION CENTER HOURS AND QAYS
OF OPERATION
A. Hours of Operation
During the term of tne agreement, the ECC's hours of o�eration are as follows:
Thursday and Friday 11 :00 a.m. -7:00 p.m,
Saturday 9:OQ a.m. -3:OQ p.m.
B. Days the Enviranmental Callection Center wiil be closed
During ihe term ofi the agreement, tF�e ECC wil[ be closed on fhe folfawing.days:
Thanksgiving Haliday, No�ember 22 -23, 2Q01
Christmas Haliday, December 24- 25, 2001
December 30, 200� through January 11, 2002, for cleanup and repairs
M.L.K. Day January 2�, 2002
- Memorial Day, May 27, 2002
Independence Day, Ju[y 4, 2002
Labor Day, September 2, 2002
C. Natifying Residents
Participating City agrees to �otifiy its residents of #he ECC's haurs of aperation and dates it will
be closed. Participating City may adver�ise the 24-hour EnvironmentaE Callectian Center
11
telephone number to give its residents the Environmental Callection Center's nours. The
number is: {897) 87'1-5257.
90.
COMPENSATION
As fair compensa#9an for the services pro�ided by Fort Worth pursuant to ths agreement:
A. Participating City a�rees io pay Fort Warth ihe sum of $60.00 per hausehold per visit to
the ECC or per household for participation in a Mobile Collec#ion Event to dispose of
househol� hazardaus waste.
B. If F'ort Worth determines that Participating City's MCU operators impraperly packaged
any o� the HHW deNvered to the ECC, For# Worth sha[I repackage such waste, and
Partic�pating City sh�all reimburse Fort Worth for it staff time at $2a.p0 an hour and the
cost af supplies.
C. If a spill occurs at the ECC wnile ih� Non- �ort Worth MCU is still in Participating City's
possessian, Fort 1North shall ta[ce control af t�e spiEl response and Pa�ticipating City will .
reimburse Fort Worth for �ts response costs of $80.00 per hour staff time and the cost of
suppl9es.
D. The amount due to Fort Wor�h far services provided under this 5ection, Paragraphs A,
B, and C, shall be billed ta Participating City quarterfy, Participating City shall pay Fart
Warih within 30 days of recei�ing a bill from Fort Warth. If �ort Wa�h does not r�ceive
payme�t within 30 days, Fort Warth shall in#orm Participating City in writin� that it will not
accept any household hazardnus waste from Participating City's residents and that Fort
Wo�th will not participate in a mabiie callection evsnt or pravide a mobile collection unit
until paid.
E. At the �nd o# the term of this Agreement, Fort Worth shall provid� a finaE accounting ta
Participating City, which will include the total number of Par�icipating City's hausehalds
which partici�aied in the program, repackaging fees, if any, and the total cost of spill
response charged� to ParticipatEng City, if any.
F. Pursuant to the requirements of Government Cade §791 A11 (a}(3}, the amount due to
Fort Worth under Subparagraph D. abave shall be paid fram revenues currently
available to Participating City in the present fisc�l year.
92
19. '
ARTWORK, "CAPTAIN CRUD AND THE CRIJDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
�art Worth is the or�ner of "Capta�n Crud" and the Cruddies ("�loomer," "Otto," "Pesfiie,
"Scrub," and "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefiore all "
ownership r9g�ts belong to Fart Vllort�. Fort Warth has registered these marks as service marks
with the Secretary of Stat�.
A. Fori Wo�th� hereby grants to Partici}aating City a nan-transferable, non-exclusive {icense
to use all the artwork and promotional materials that may be provided by Fort Worth to
be used solely ir� t�e conduci of the business of Participating Gity's disposai and
recycling of household hazardous waste programs. If Participating City wishes to use to
Licensed Art andlor Promotional Materials in other limited situations, Participating City
must first obtain express written consent fram Fort Wor�h.
B. Fort Worth may �rovide licensed Artwark and PromotionaE Materials ta Par�icipating City
pursuant to the terms of this Agreement. Participating City acknowfedges that by virtue
af this License, Participating Ciky acquires only the right to use #he original and permittad
duplicate copies of the Licensed ArtworK and Pramotional Materials and does not
acquire any rights of ownership in the Licensed Arkwark and Promotional Materials,
w�ich rights shall remain exclusively with Fort Warth. lf Participating City wanis to modify
or change th� ar-Ew�rk andlor promotionaf materials in any manner, Par�icipating City
hereby agrees ia cantact Fort Worth in writing to obtain written consent before ma�ifying
ar changir�g any artwork andlor promaiional materials. �
C. If Participating Ci#y desires an actor to portray ""Captain Crud" for an event, Participating
City shal! use actors approved by F�rt Worth to portray "Captain Crud" since '"Ca�tain
Crud° is owned by Fort Worth. Participating City shalf be solely respo�si�l� for
compensating actar for the services pravided ta Par�icipa#ing City. Participating City will
contact Fc�rt Worth as soon as possible with the date and time af ff�e event agreeable to
both Qarties ta ob�ain approval for the CFID5BC1 actor and to request and pickup the
"Captain Crud" costume for its events. Fort Wor�F� wili provide ihe "Captain Crud"
costume. However, Participating City agrees to be liable io Fort Wor�h fior any damage to
the costume ar if Participating City fails to return tE�e enfire costume to �ort Worth ar if
ti�e cost�me is not returned in the same co�di#ion as rec�ived.
12.
lMMUNITY
it is expressly understood and agreed thai, in t�e execution of this Agreement, none of #he
participating cities waives, nor shalf be hereby deemed to waive, any immunity or defe�se that
would otherwise be avaifable ta it against claims arising in the exercise ofi governmenkal pawers
and functions, and #hat the services d�scribed in this Agreement are a governrnental function.
�K�
13.
�ORCE MAJEURE
A defay or iailure of Fort Worth to pertorm services pursuant tv this Agr�ement shall be excused
to the extent that the delay or failure to perform resulted from a farce majeure event, and the
delay or failure was beyond the cantrol of Fort Worth and not due to its fault or neg[igence. "'
Participating City shall not �ave, and hereby waives, any claim whatever for any damages
resulting f�om delays or faifure to perForm caused by a force majeure e�ent.
14.
TERMINATION
The parti�s shall each hav� the right to terminate the Agreement for any reason, with or without
cause, upon thirfy (30) days written notice ta the other pariy. Upon ferminat9on, the parties shall
be released fram alf contractual abligations to the other party excluding "USE OF WASTE
DlSP05ALIRECYCLING FIRMS FOR HOUSEH�LD HAZARDOUS WASTE" (Paragrapn 6}
"REUSE OF COL�.ECTE❑ MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAW CRUD
AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LiCENSE AGREEMENT'
(Paragrap� 19 �.
15.
NOTICE
Any notices required ta be given under this Agreement shall be delivered as foElows:
If to Fort Warth:
Brian Boerner, CHMM, Director
De�artment of Environmental Managemeni
Ci�y afi Fort Worth
1000 Throckmo�ton
Fort Worth, Texas 7fi1�2
1f to Participatinq Citv:
Larrie Anderle
Recycli.ng Cvordinator
Ci.ty of Arl3ngton
P O Box 231
A�lington T% 76004-Q231
1fi.
ENTIRETY
T�is Agreement contains all c�mmitme�ts and Agreements of the pa�ties hereta, and no other
ara! or written cammitments sha11 ha�e any farce or effect if r�ot confiaine� herein, except that
this Agreement can be amended or modifed by the parties if such amen�ment or modification is
In writing and signed by Participating City and Fort Wflrth.
i4
17. -
SEVERABILITY
in tt�� event anyone or more of ti�e provisians contained in this Agreement shall for any reason
�e held ta be in�alid, illegal, or unenforceahle in any respect, such invalidity, illegality, ar
unenforeeability shall not affect any other provision thereof and this Agreement sf�alf be
canstrued as if suc� invalid, iliegal, ar unenforceable pravisions had never �een cantained
herein.
18.
VENUE
Should any action, real or asserted, at law or in equity, arise a�t c�f t�e terms and canditians of
#his Agreement, ven�e for said ac#ion shall b� 9n Tarrant Couniy, Texas.
19.
AUTHORITY
Tt�is Agre�ment is made for Fort Worth and Participating Ciiy as an lnterEocal Agr�ement,
pursuanf to Texas Go�ernment Code, Chapier 781.
2Q.
AUTHORIZATION
The undersigned officers andlor agents of the parties hereto are properly authorized off'rcials
and have the nec.�ssary autF�orify to execute this Agre�ment on behalf of the parties hereto, and
each parky her�by certi�es to the ather that any necessary resolutions extending such authority
have been duly passed and ar� naw in full force and effect.
15
� i l
EXECUTED IN TRIPLICATE
CiTlf OF FORT WORTH
By:
l.ib y Watso
Assistant ����� n�ger
Date: d I
. � .
APPROVED AS TO FORM
AND LEGA�ITY: ��
stant City
ATTEST:
�
Glaria Pearson
C�ty Secretary
By:
Printed name: ��11. . studer, Jr,
Title: Mayor Deput �`ity l�anager
Date: ! �
APPROVED AS TO FORM
AND LEGAL[TY:
�
����.��.��
Assistant City At#orney
ATTEST:
. �
� - �- '�� -�A�'
City Secr
i�'� .� �a � s y
Contra'ct authorization
r• -' i
. .
Date
0
16 ^- -
��1�f�9�8a� Q�L�U� `�
'f'{���(�]��}�fq {I��if j��J�f��
yYtl 0 �LJWWl719���
°� �'�,�. y� ��
Exhibit "A"
R�ST�CFtI�� i�ISi ��R iF�� �O�l�� ��LL�CiION UR�Ii
fV�a�erial ��mount Resiocked � 5pecial Needs � Remarks
55 gallon open tap Amour�t taken off the
drums {open top for traifef
loose packs}
55 gallon drums Amount taken off the
(closed tap} (oil, trailer
antifreeze, bulk
flammable materials
and ane �xtra)
Fiber d�ums (55 or 30 �
gallon) Aerosols, Amount taken off the
acids, bases and tra9ler
oxidizers)
Gaylord box liners
(plastic) Amount taker� off the
trailer
55 ga1lon drum liners
Amount talc�n off the
tra�ler
5 gallan buckets
(filterslhaz chemicals) Amount taken off ihe
trailer
Survey Farms
Amo�nt taken aff the
traifar
Labelsldrum placard
Amount �alten ofF the
trailer
Gaylard boxes
Amo�nt taken off the
trailer
Absorbe�t pads
Amaunt taken off the
trailer
Vermieulite
Amount take� off the
trailer
Oil dry
Amount tak�n otf the
trailer
Promational MateriaE�
& Brochures Amount needed
17
[�i�L1�l=3ii
WAIVER AND RELEASE �� LIABILITY FOR C�LLECTIDN OF HOUSEHOLD
HAZARDDUS WASTE
I being the owner of property lacated at
ha�e been asked by the City of , to aflow a mobile collection
event on my property ta coflect household hazardous waste on the , 2�01.
In consideratian af _ I hereby give my permission to the City of
property in which the Cify of
to send its mo�ile collection
e�ent.
to hold a houseMold hazardous waste callec�ion ev�nt on my
� �as asked the City of �Qrt W�rth
�nit to collect the househol� hazardous waste that is braught to the
Therefare, in consideration of , I hereby RELEASE,
DESCHARGE, HOL.D HARMLESS, 1NDEMNIFY tF�e City of Fort Worth or its officers, ager�ts,
and �mpfoyees and the C9ty af , and its officers, agents,
andlor employees for any and all claims, demands, liability, causes of action, actio�s or suits o�
any character that I may have against the City of Fort Warth ar its offic�rs, agents, andlor
employees and the City of or its offi�ers, agents, andlor
employees fiar any property loss or damage, for any and a!I personal injury including death ar
any oth�r damage af any kind or characier which may arises or that arises �rom allowing the
City of to hold a household hazardous waste collection event, in
which the City of �ort Wor�h sends its mobile coUec#ion unifi an my praperty.
I have read this Waiver and Release and fu11y understand its terms and conditions. [ ha�e nat
bean influenced in any extent whatsoever by any representation or statemer�ts not contained in
this Agreement. l hereby acknawledge that this Vllaiver and Release is given i� considera#ian of
Signature Date
Wifness
`E]
C`iiy ojrFo�i b�o�th, T'eacas
����° �11� ��[�11��` ������1������/
DATE REFERENCE NLJMB�R LOG NAME PAGE
10191Q1 *��o� �'��� l 52COLLECTlON , 1 of 2
SUBJECT APPROVAL OF INTERLOCAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
THEIR PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
RECOMMENDATlON:
It is recommended that the City Council autharize the City Manager to execute Interlocal Agreemen�s
with �arious municipalitieslentities for their participation at the Environmental Collection Center.
DISCUSSiON:
The City's Envirc�nmental Ca{lection Center is now in its fifth year of operatian collecting household
hazardous waste from the citizens af �ork Worth and surrounding communities on a year-round basis.
lr� arder for non-Fort Worth citizens to participate at the center, each municipality is required to ant�r
into an Interloca{ Agreement with th� City of Fort Wor�h.
Last year, 23 area communities signed participation agreements with the City. For the upcoming year,
we expect that number to rise ta 24 communities. The rate per household for the period covered by
these agreements (Octaber 1, 200�, through September 30, 20a2} is $60. It is anticipaied that
approximately $300,OOq will be coilect�d under these agreements.
This agr�ement outlines the respansibilities of each �arky, establishes the rate for participafion, and
delineates the �se af service-marked public education material. The City is responsible for the overall
operation of the cen#er, inclu�ing contracting with a hazardous waste dispasal company far
transpartation and dispasal of materials collected.
The following entities have expressed an inferest or have already committed to par�ieipatian for the
perio� October 1, 20D9, thraugh September 30, 20Q2:
Arlington*
Benbrook
Everman"`
Grape�ine
Kell�r
Richland Hills'�
5tephen�ille
Unincorporated Tarrant County
Azle
Burlesan
Euless
Haltpm City
Newark
River Oaks
Sauthlalce
Venus
Bedford
Colleyville
Grand Prairie
Hurst
North Richland Hilis
Saginaw
Upper Trini#y Regional Water
Watauga
*These municipalities are expected to participate, but have not yet returned the�r appro�ed agreements.
�`ity of �ort Wo�th9 2'exas
���r ��d ������1 ���������t;a�
DATE REF�RENCE NUMBER L.OG NAME PAGE
1019101 '�*�e� �777 52C�LLECTION 2 of 2
sue�ECT APPR�VAL �F INTERLOC L AGREEMENTS WiTH VAR101JS MUNICIPALITIES FOR
THEIR PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
�
FISCAL IN��RMATIONICERTIFICATION:
The Finance Director certifies that the En�ironmental Management Department will be responsible for
the collection and deposit of f�nds due to the City under these agreements.
l.W:k
Submitted for City Manager's
bf1"ice by:
6183
I k`[J1Vb I ACCOUNT
I {to)
I R103 488220
c��vT�� � AMouNT
0521'f00
Libby Watson
Originating Department Fleaci:
Brian Boerner
AdditioAal Information Contact:
$079 (fram}
Brian Boemer $079
GTTY SECRETARY
APPROVED 10/091Q1