HomeMy WebLinkAboutContract 28208r
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1NTERLOCAL AGREEMENT FOR PARTICIPATION 1N FORT WORTH'S
ENVIRONMENTAL COLL�CTION CENTER
HOUSEHOL.D HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule
municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fart
Worth," acting herein by and through Libby Watson, i�s duly autF�orized Assistant City Manager,
and Cleburne a municipality situated in Johnson Coun�v , TeX�s,
hereinafter cafled "Participating City," acting herein by and through chester xn��a its duly
authorized City Mana,�er .
WITN�SSETH
WHEREAS, Texas� G.o�ernmenf Code, Chapter 791, authorizes the tormulation of interlocal
cooperatian agreements between and among loeal governm�nt's; and
WHEREAS, Texas Government Code,�791.0� 1 provides that a local government may contract
with another to perform governmental functions and services, and�191.043{3}(H) d�fines waste
c�isposal as a governmenfial functian and s�rvice; and
WHEREAS, Texas Go�ernment Code, §791.025 provides that a local government may agree
with another local go��rnment to purchase services; and
WH�REAS, Fort Wortl� and Participating City desire t� enter inta an interlocal agreement
whereby Fnr� Worth will purchase the services of a waste disposaVrecycling firm or firms and
will administer a househald hazardous waste callectian program; and
WHEREAS, Fort Workh and Participatfng City mutually desire to be subject ta the pr�visions of
Texas Gover�ment Code, Chapter 791, alsa known as the Interlocal Cooperation Act.
N�W THEREF�RE, it is agreed as fallaws:
1.
DEFINITIONS
A. llnless a�rovision in this Agreement expiicitiy states otherwise, the fallowing terms and
phrases, as used in tY�is Agreement, shall have the meanings hereinafter designated.
Act of Gad mear�s an act occasioned by the direct, immediate, and exclusive operation
of fhe forces af nature, unc�ntralled ar uninfluenced �y fihe power af humans and without
human intervention.
Bi[I af L.adina lists #he contents of the mabile colleciion unit.
En�ironmental Collection Center (ECC} means the City of Fort Wc�rth Depariment of
En�ironmental Management facility Iocat�d at 6�400 Bridge Street, Fort Worth, T�xas,
which is to be used by Fort Worth fflr #he aggregation of housel�old hazardous wastes
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#hat have been braug�t ta the faciliiy by participating cities' households for subsequenf
recycling, disg�sal, andlar reuse.
Environmentaf damaqas means all claims, judgments, damages, losses, penalties, fines,
liabi[ities (�ncluding strict liability), encumbrances, liens, costs, and exp�nses af
in�estigation and defense of any claim, whether or not such claim is ultimately defeaied,
and of any good faith settlem�r�t or judgmeni, of whatever kind or nature, contingent or
otherwise, mat�red or unmatured, foreseeable ar unforeseeable, including without
limitation reasonable a#orney's f�es and disbursements and cansultant's fees, any of
which are incurred subsequenf to the execution of this Agreement as a result of t�e
handling, cnllecfion, transportation, storage, disposal, treafinent, reco�ery, andlor reuse
of waste pursuant to this Agreement, or the existence of a viola#ion of environmental
requirements pertaining to same, and including withoUt limitation:
{a) Damages for personal injury and death, or injury to properiy or natural reso�rces;
(b) Fees incurred for the services of attarneys, consultants, contractors, experts,
iaboratories and all othe� costs ir�curred in connection wi#h the in�estigation or
remediatEan o� such wastes or violation of environmental requirements including,
but not limited to, �he preparation of any feasibility studies ar reports or the
perFormance af any cleanup, remediation, removal, response, abatement,
con#air�ment, closure, restoration ar monitoring work required by any federal,
state or Iocaf governmental agency or palitical subdivisiQn, or atherwise
expended in connectian with the existence of such wastes or rriolatians of
environmental requirements, and including withaut [imitation any attorney's fees,
casts and expenses incurred in enforcing #his Agreement or collecting any sums
due hereunder; and
{c) Liability to any third person or governmental agency to indemnify such persan or
agency for costs expended in connection with the items referenced in
subparagrapF� (b) herein.
Enviranmental requirements means aq applicable present and future statutes,
regulations, ruEes, ordinar►ces, cades, licenses, permifs, orders, approvals, plans,
autharizations, concessions, franchises, ar�d similar items, of al1 governmental agencies,
departmenis, commissions, boards, bureaus, or instrumentalities of �he Uniied States,
states, and political subdi�risions thereof and all applicable judicial, administrative, and
regulafiory d�cr�es, judgments, and orders relating to the profiection of human heafth or
the environment, including withaut limitation;
(a} Af{ requiremenfs, including but not limited to #hose pertaining to reporting,
licensing, permitti�g, investigation, and remediation �f emissians, discharges,
r�l�ases, or threatened releases of hazardous materials, pollutants,
contaminants, or hazardaus or toxic substances, materials, or wastes whether
solid, liquid, ar gaseous in nature, into fhe air, surfac� water, graundwater, storm
water, ar land, ar reiating to the manufacture, pracessing, distributiar�, use,
treatment, starage, disposal, transport, ar handling �f pollutanfs, contaminants, or
hazardous or toxic substances, materials, or wastes, whet�er solid, ii�uid, or
gaseaus in nature, and
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{�) All requirements pertaining to the protection of the health and safety of
emplQyees ar the public.
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Force maieure means decrees of �r restraints by a governmenial instrumentality, acts of
God, wark stoppages due ta labor disputes or strikes, failure of Fort Worth's
contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of
the collect9on af houset�old hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Household hazardous waste (HHW} means any solid waste generated in a household by
a consumer which, except for the exclusion provided for in 40 CFR�2B1.4(b}(1), would
be classified as a hazardous waste under 40 CFR Par� 261.
Manifest means the uniform hazardous waste manifest form(s) furnished by the TNRCC
to accompany shipme�ts af municipai hazardaus waste ar Class 1 industrial solid was#e
for waste transported to a site in Texas, ar the comparable manifest of tf�e receiving
state if the waste is transported out af Texas.
Mobile collection event means a E��usehold hazardv�as vvaste ctil[eciion event by
f'articipating City utilizing a mobile calEection unit.
�'or# Worth Mobi�e collection unit (MCU1 means a nan-se[f-propalled vehicle used fior the
periodic collection of nousehold hazardous waste by Participating City, off-site of the
ECC, which is transpor�ed to the EGG ta dispose ofi the hous�hald hazardaus wasfie
collected at the mobile co�lection event. The For� Wor�h Mobile Collection Unit is
designed to hold t�e hazardous wasfa of approximately �0 to 75 hauseholds.
Participatina Cities, when used in the plural, means Fort Warth, Participating City, and alf
other entities which ha�e entered into in�erlacal agreements with Far� Worth far the ECC
houseY�old hazardous waste callection �rogram.
Person means an ir�dividual, carporation, organization, government, Qr governmental
subdi�ision or agency, business trust, partnership, association, or any other leg�l entity.
Waste has the same meaning as "salid waste" as thafi term is defined in Texas Health
and Safety Code�i61.003, and including hazardous substances.
Unless a pravision in this Agreement expficitly states otherwise, the fallowing
a�breviations, as used in this Agreement, shall ha�e the meanings hereinafter
designated.
CERCLA - Comprehensi�e En�ironmental Response, Compensation, and Liability Acf.
CPR - cardiapulmonary resuscitation.
DOT - United States De�arkment af Transporiation.
ECC - Environmenta[ Collecfion C�nter.
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EPA - United States Environmental Protection Agency.
HAZCAT - hazardaus categorization.
HAZWOPER - hazardous waste operafions and emergency response.
HM - hazardous materials.
HHW - househofd hazardaus waste.
MCU - Mobile Ca[lection Unit.
2.
PURPOSE
The purpose of this interloca� agreement (hereafter "Agreement") is the pro�ision of services by
Fort Wo�h to Parkicipating City whereby, subject to the terms and canditions specified below,
Fart Worth will administer and supervise a regional household hazardaus waste cailection
program, which will be available ta househalds within Partic�pating City.
3.
TERM
This Agr�ement shall be effective fram the da�e the last par�y has signed this agreement
tF�rough September 30, 2003.
4.
SERVICES �F FC}RT WORTH
Fort Worth agrees to perform the fallowing services for Parfiicipafing Cify in connection with the
ECC household hazardaus waste collection program:
A. Fort Worth will administer a regional ha�sehold hazardaus waste collection program.
This program will include ihe operation of the Environmental Collection Center, which
will accept far disposal andlar recyc[ing housei�old hazardous waste from hfluseholds
located within Participating City. Fort Worth shall not accept c�mpressed flammable gas
confiainers; radioactive materials; explosives or potentially shock sensiti�e materials;
bio[ogical, etiologic, and infectious materials; wastes from businesses; and any othar
wastes that Fort Wor�h has determined are unacceptable.
B. Fort Worth will employ or retain personnel to pro�ide tf�e servicas necessary �o perfarm
Fort Worth's obligations in this Agreement.
C. Fort Worth will enter infio a contract(s) with waste disposallrecycling firm(s) for the
hanciling, callection, transpartatian, storage, disposal, treatment, recovery, andlar reuse
of household hazardous waste, which is collected at the ECC. .
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D. Fort Worth wEll, if re�uested in wri#ing by Participating City, pra�ide Participating Cify with
copies of waste manifesfs f�r shipments of waste from the ECC.
E. Fort Worth will, if requested in wrifiing by Participatir►g City, �rovide Participating City a
monthly report of tre Participating City's househalds who dispQsed af household
hazardous waste a# the Enviranmental Collection Center or a Mobile Collectian E�ent.
F. Fort Warkh will issue a report �nd a bill at the end of each quarter d�tailing the nurnber of
Participating Ciiy's househalds that disposed of househ�ld hazardous waste at the
Environmental Collectian Center or at a mobile cpllection event.
G, Fart Worth will act under this Agreement in accordance with all applicable state and
f�d�ra! laws.
H. Non-Fort Worth Mobi[e Coliection Unit
1. Fort Worth agrees to accept household hazardous waste from Parkicipating City's
MCU in accordance with Section 5, of t�is agreement.
2. Fort Worth agrees to restock the items it remo�es �ram Participating City's MCU,
hawe��r, Fort Workh shall only restock items lis�ed in Exhibit "A", attached and
incorporated here�n as if set forth.
I. Mobile Collection Events �-Usinp Fort Warth's Unit
1. If Participating City would like to schedule a mobi�e collection e��nt with
the For� Worth Mobiie Collection L1nit, Fort Worth will send Par�ici�ating
City a list of a�ailable dates. Participat[ng Gity will contact Fort Worth as
soon as possible to schedule the date, time and location agreeable ta
bath parties,
(a) �acation
If Participating City chooses to hold the Mobile Col[ection Event on
private property, Participa�ing City shall obtain a signed wai�er
fram the owner of the property 1 week prior to the �vent. The
waiver shall 6e in the form of Exhibit B or similar form approved by
Fort Workh. The signad waiver must be senf to Fort Worth 1 week
before the Mabile Collection E�ent. If the signed waiver is not sent
to Fo� Worth 1 week before the Mobile Collection Event, Fort
Worth will nat send the Fort Worth Mobile Collection Unii to the
event and Par�icipating City will, in no event, be entitled to any
damages of recovery of any costs, exc�pt as provided herein.
(b) Available Dates
Participating City acknowledges that Fo�t Wor�h contracts with
other municipalities and that Fort Worth will be accommadating
each Participating City's request on a first come first served basis.
Therefore, Partic�pating City acknowledges tnat its chosen date to
schedule a mobile col��ction e�ent may be reserved by another
City and Participafmg City will have ta chaose ano�her date.
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Participating City wi[I, in no event, be entitled #o any damages ar
recovery of any costs, except as provided herein.
2. At the Mobile Collection Event, Participating City acknowledges and agrees that
Fart Worth shall accept household hazardous waste from the first 50 households
that show proaf of residency at the Mo�ile Collection Event. After the firsf 50
hauseholds, Fart Worth will de#ermine in its sole discretion how m�ch more
waste it can accepi and store properly. Ifi more households arrive at the event
than Fort Worth can accept, Participating City will in no event be entitled ta any
damage of recovery ofi any costs, excep� as pravided herein.
3. Due to the lack of storage space at th� ECC, Pa�ficipafing City acknowledges
and agrees that if it requests the Fort Wor�h Mobile Collection Unit at a mabile
callection e�ent, a Partici�ating City's Non�Forfi Worth Mobile Colleci[on Unit shall
not also be at the event.
4. City, in iis sol� discretion, will determine whether•to send the Fort Worth Mobile
Collection Unit to Participating City's Collection Event during adverse weather or
the threat of adverse weather including but not limified ta sleet, snow, rain, mist or
hail. In the ��ent For� Worth determines not fo send fhe Fart Worth Mobile
Coll�etion lJni�, �or� Worih shall nati#y p�rsons listed in Section 5, Paragraph A
and shall send a For� Vllarth employee to the Par�icipating Ci#y's ev�nt to tell any
residents ihat come ta dispase of household hazardous waste; 1) that the Fort
Worth Mobile Collecf�on Unit will not be coming to the event, and, 2) that the
resident can ga #a the ECC to dispose of the waste and pro�icie a map to the
ECC.
5.
DIJTIES OF PARTICIPATING CITY
Participating City agrees to perform the fol[owing duties in connection with the household
hazardous waste collection pragram:
A. Participating City will designate one of its employees, and ana#her as an alternate, to act
as its household hazardaus waste callection caordinatflr ta interact with Fort Wartl�.
D�signated person is: �'ulie winchell telephone number: 817-645-09bi
Pager number or 24-hour number where he ar she can be reached: �1�-567-7726
Alternate person is Teresa ftichardson telephone nurnber: s17-645-0958
Pager number or 24-haur number where he ar she can be reached: 817-667-I�31�
B. Parfiicipating City will coordinate and fund all program advertising targeted to its own
citizens, as it deems necessary. Such advertising sha11 include the type of was#es that
wiil be accepted at the ECC, the requirement of proof caf residency and weather
cancellation information.
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C. Participating City shall notify its residenfs of the ECC hours of aperation and dates it is
closed as provided in Sectian 9"The Enviranmental Collection Center Hours af
Operation."
D. Participating City may choose to utilize a voucher system fior its residents in order for
them to bring HHW to the ECC. If Participating City chooses ta use such a system, it
shall nafify Fort Worth of the decision, ar�d shall provide ForE Warkh with a copy of #h�
official voucher. In addition, if a citizen fram a Parfiicipating Cify that ufilizes a vaucher
system cames ta the ECC or a mabile ca[lecfion event without a vaucher, Participa#ing
City acknowledges and agr�es that Fort Worth will not accept the hous�hold hazardous
wasfe until Participa�ing City autharizes the acceptance in wr[ting.
E. Participating Gity may submit a written req�est #or a monthly repor� listing the number of
its city's households that ha�e disposed of household hazardous waste at the ECC or a
mobile collection event.
F. Partici}�aiing City shall pravide traffic control and signage for the mobile coilection
events, and shal[ provide persannel to assist Fort Worth with the survey and screening
of persons dropping off household hazardous waste. Th� parties prior to the event sha11
agree upon th� defails of the traffic can#rol, signage, a�d personnel assistance.
G. Participatina Citv's Mobile Coflectio� Uni#s Collectina Household Hazardous Waste
Participating City shall advise the ECC program manager at least 72 hours in
advance of its mobife coilection events. Partic9pating City shall collect anly HHW
during a mobile callection event. Wastes from commercial, agr�cultural, and
industrial saurces shall nat �e accepted. Participaiing City shall not accept
compressed flammable gas contain�rs; radioactive materials, explosives or
patentially shock sensitive materials; biological, e#iologic, at�d infectious
materials; and any other wastes that Fort W�rth has determined are
unacceptable.
2. In accordance with fhe latest DOT requirements, Par�icipating City's MCU
operators wifl properly cat�gorize, package, mark, labe{, and load into the MCU,
all wastes recei�ed at the mobile collectian event. R�cyclable products (used oil,
used oil filters, latex paint, r�cyclable anti-freeze, lead-acid batteries, and
fluorescent lights) will be segregated into containers for recyclables.
3. After accepting v�astes, Participating City's MCU aperators shall thoroughly
cheek each cantainer for proper labeling and identification. If a container is
properly identified, the materiai vvill be segregated according to hazard c�ass and
prepared fiar packaging. If a coniainer does not have adequat� labeling fo permit
identificatio�, the MCII operators shal! then attempt ta identify the material from
ifs physical characteristics using HAZCAT analys9s and from information pravided
by the hous�hold presenting fhe waste.
4. The Participating City's MCU aperatars shall package all hazardous materials in
accardance with United States Depar�ment of Transportation (DOT)
req�irement�, United Stat�s En�ironmental Protection Agency {EPA}
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requirements, and all ofE�er applicabie federal ar�d state requirements. After all
the wastes have been properly identified and segregated, the MCU aperators will
reexamine the wastes for compatibility, lisf them on the container content sheets,
and pack them into drums. Oil-based paints and latex paints shall be bulked
separately in 55-gallon drums, or if the paint is left in its container, the paint can
be packed in a li�ed cubic yard box, and packed and labeled accardir�g to federal
and state regulations. Participating City shall nat transport waste that is not HHW
to the ECC. Partic9pating City agrees ta mak� its own arrangemer►ts �o disp�se af
any non-HHW waste callected at the event.
5. Prior ta transporting the HHW from the collection e�ent site{s), Participating City's
MCU aperators shall complete a Bill af Lading, and shall keep the Bi11 of Lading
in the cab of the truck hauling the MCU during transportation af the HHW to tf�e
�CC. Participating City shall require that a minimum of one copy af the latest
N�rth Arr�erican Emergency Response Guidebaok be kept within the cab ot fF�e
truck.
6. During transportation, Participating City's MCU operators shal{ placard the MCU
for transpor�ation af hazardous waste in accordance with federa[ and state law.
7. Upon the return af the MCU to the ECC, Participating City's MCU op�ratars shall
f�llow the instructiQns o� Fort Worfh regarding the placement of the MCU far
unloading. Fort Wor#h shafl take possession o# the MCU from Participating City
after the MCU has been properly parked for unloading in accordance with Far�
Workh's instructions and all required documents have been defivered to the ECC
program manager or his designee at the ECC. Fart Worth shall, within a
r�asonabfe amount of time, unload the HHW from the non-Fo�t Wo�th MCU and
store the HHW at the EGC. �
S. If Fort Vllorth, in its so�e discretian, determines that Participating City's MCU
aperators improperly packaged any of the HHW delivered to the ECC, Fort Wor�h
shall repac[cage such waste, and Participating City sha�l reimburse Fart Worth as
set forkh in Sectian 1Q., Paragraph B.
9. If a spill occurs at the ECC while fhe MCU is still in Participatmg C�ty's
possession, Fort Worth shall take control o# the spill response and Participatir�g
City will reimbtarse Fort Worth for its response costs as set farth in S�ctEon �0.,
Paragraph C.
6.
U5E OF WASTE 1]ISP05AIJRECYCLING FIRMS �OR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter inta a contract(s) with waste disposaklrecycling firm{s) for the
. handling, col{ection, transpor�ation, starage, disposal, treatrnent, recavery, andlor reuse
of househald hazardous waste, which is collected at the ECC.
B. Such firm(s} shall be required pursuant to the cflntract{s} to assume generator status for
the waste collected, (exclUding used oil, lead-acid batteries and antifreeze} to choose a
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disposal site for the waste subject fa Fort Worth's approval, and to ir�demnify Fori Worth
and participating cities against any and all enviranmental damages and the violation of
any and all environmental requirements resulting from the handling, ca[lection,
transpartation, stnrage, disposal, treatment, reco�ery, andlor recycling afi waste co[lected
pursuant to fhis agreement, when said en�ironmental damages or the �iolation af said
environmental requir�ments was the result of any act flr omi�sion of contractor, its
officers, agents, emplayees, or subcontractors, or the joint act or omissian of contractor,
iis officers, agents, employees, or subcontractors and any other persan or entity.
C. `�Fi� �ARiI�S R�COCP�IZE T'I-p�7 AL�H�U�W ii�� FIRFi� (S} lfi111LL �G ��QUIR��
i0 ASSl1ME G�iV�R�iOR SiATUS, iHIS ASSU11��if8N V4II�� iVOT R�LI�1/�
F�A��ICI�AiING C1'TY �� LIA�ILI 1 Y��� ib� WI�STE UP�D�R ����RA� �AV9�
r4N� SiAi� LAI�l. Fort Worth will arrange for recycling �endors for used oi�, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE �F COLLECTED MAT�RIALS
A. From time-to-time Fort Worth will make availa�le to residents and businesses of Fart
Worth, as wefl as, Participating City and residents and businesses of Par�icipafing City
for their use, collected hauset�old hazardous waste materials thai are suitable for reuse,
su�h as paint, fertilizer, moior oil, and antifreeze. F'ort Worth sf�all not charge far arty
materials that are picked up for reuse.
B. Some materials made available far reuse may ha�e been consafidated and filtered by
F'ort Worth prior to being rnade available. Used antifreeze will have been consolidated ir�
a barrel, filtered, and pH balanced, and new ar�tifreeze may have been added to the
barrel.
C. In regards ta materials accepted by Participating City, I��RT lfi�O��H f�AFCES N�
�E4�f��S�iViAiI�NS,1aVAI��N�I�S OR �UAFtANiIFS iH��:
1. the contair�er cant�nts are what the label indicates;
2. the container contenfs are those originally placed into the cantainer t�y the
manufacturar;
3. tF�e product is of the quality intended fnr its use;
4. the contents of the container have been stared properly;
5. the instructions on the container label for use, storage, anc! first aid are current ar
correct;
6. the container is in unimpaired condition;
7. the protEuct is still approved for use (i.e., it has not been banned or recalled); and
8. the producfi can be used witho�t risk to persons, properly or the en�ironmen#.
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l�Ui�iFi��N➢OR�, A�� Id91ARFtANTI�S, I�XPR�SS �N� IM��I��, AR�
SP�CI�'ICAL�Y ��AlI��.
D. Participating City shall cantact the ECC program manager to arrange a pickup time �o
obtain materials. Participating City agrees that it shall not return to Fort Worth, directly ar
indirec#ly, any materials it obtains from Fort Worth under this paragraph.
E. IN RLGAR�S i0 MAi�,�I.�LS �GC��f�� �Y Pr4FtiICIP�,iIR�G CIiY,
P�RiI�[PAiIN� CIiY DO�S H�R�BY '!l4�AIV� r4�L CLAIMS, INCLUDIf�Cy
PRO�UCiS LIA�ILI�Y C�Al1Vi�, r4N9 Ft�L�ASES, �N� HOL,�S F�ARfi���5� ib�
CI�Y O� �rOR`� WOFtik�, �,�I'D ,ALL O� IiS �J�'�'IGIpo�S, O�FIG�RS, �NYPLOYEES,
�C�iV��, �eN� V�LU�'i��L�S, IR! �OiH ib�lR PU�LIC APl� ��IV�,i�
CAPp,CIiI�S, ��OfVI A�IY AiV� �l�� LIA�ILITY, CLpeIIV��, �UIYS, ��{Ui�►�l�S,
I�XPENS�S O� �IiIGAiIOfV, OR CAUS�S O� /�Ci18iV 1dVbICb MAY ARIS� �Y
R�ASON OF IRlJURY i0 ��R50NS, �OSS �f� PRQF ���'1(, �Af�A�� i0
�ROPI�RiY, O� LOSS 0� US� O� A�lY P�OP��TY , OCCASIOR��� �Y ib�
��AAlS�ORiATIOhl, SiBRAC�, F;/�N��1NG, US�, �ND C�I�POSAl� �Y
PARiICIP�iIP!(� CI�Y 8� l�NY MAT�RIALS ACG���'�� �Y �AaiIGIPi4iING CIiY
Ui���R �1-dl� ACF���[iAFhlT FROIU� �0�� V4lORiH. �
F. ln regards to materiafs accepted by residents ar businesses of Par�icipating Gifiies,
��Ri 111�ORib IU��FC�S R!O ���R�S�IViAilOR�S, �ARR�N�I�S O� (�UA�AWiI�S
ik�AT:
1. the cantainer cantents are what the label indica#es;
2. the c4ntainer contents ar� those ariginally placed inta the contair�er by the
manufacturer; �
3. the product is af the qual9ty intended for its use;
q�. the con�ents of the container have been stored properly;
5, the instructions an the container label far us�, storage, and first aid are current ar
correct;
G, the container is in unimpaired conditian;
7. the product is still approved for use (i.e., it has not k�een banned or recalled); and
8. the product can be us�d without risk to persons, praperty ar th� �n�ironment.
FURT'b�FtMORF, �,LL WARRAiV fl�S, �XPR�SS �[V� IIV���I��, AR�
SP�CIFICA��Y ��iVl�9.
G. Participatir�g City shall attempt to inform its residenfs and businesses that if they go to
the Environmental Collection Center to pick up household hazardaus wast� for reuse, a
r�l�ase of liability must be signed to accept the hausehold hazardous waste far reuse.
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s.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort �Worth shall ha�e the right to. refuse #o accept waste ai the
ECC fram Participating City's resident and to eject s�cF� individual firom the premises of the
ECC, if in #he reasonable judgment of Fort Warth:
A. The waste is nat househafd hazardous waste;
B. The waste fails to meet other established criteria established by fhis Agreement, or that
ha�e been established by Fort Wor#h subsequ�nt to the execution of the Agreement;
C. The individual daes not ha�e sufficienf identifica�ion to establish that helshe is in fact a
resident of Participat�ng City;
D, Participating City has im�lemented a voucher system for its residents to dispose of
waste, and the inciividua[ does not have a valid voucher; ar
E. The waste ar the individual presents a hazard to the ECC or ta persons or praperty at
#he ECC.
9.
ENVIR�NMENTAL COLLECTION CENTER H�URS AND DAYS
OF OPERATION
A. Hours of �peration
During the term of the agreement, the ECC's hours af aperatian are as follows:
Thursday and Friday � 1:Oa a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m. ,
B. Days the Environmental Collection C�nter will be clased
During the fierm of the agreement, the ECC will be closed on the fallowing days:
Thanksgivir�g Holiday, November 28 -29, 2002
Christmas Haliday, Dec�mber 25, 20Q2
January 1, 2003 through January 08, 2403, for cleanup and repairs
M.L.K. Day January 20, 2003
Memarial Day, May 26, 2003
Independence Day, July 4, 2003
Labor Day, Septemb�r 1, 2403
C. Noiifying Residents
Participating City agrees to natify its residents of the ECC's hours of operatior� and dates it will
be closecl. Par�icipating City may acivertise the 24-hour Environmental Collection Center
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telephone number to gi�e its residents the Environmental Collection Center's hou�-s. The
n�rnber is: ($�7) 871-5257.
10,
COMPENSATION
As fair compensation fior the s�rvices provided by �'ort Worth pursuant to t�is agre�me�t:
A. Par�icipa#ing City agrees to pay For� Worth the sum of $�O.Oa per household per �isit to
t�e ECC or per household for participation in a Mobile Co�lectian Event to dispose of
household hazardo�s waste.
B. If F'art Worth determines that Participating City's MCU operators improperly packaged
any of the HHW delivered to fhe ECC, For� Wart� shall repacicage such waste, and
Participating City shall reimburse Fort W�rth for it staff time at $20.00 an hour and the
cast of supplies.
C. • If a spill accurs at the ECC while the Non- F'ort Worth MCU is still in Participaiing City's
possession, Fort Worth si�all take control of the spill response and Participating City will
reimburse Fort Worth for its response cos#s of $64.00 per �our staff time and the cost of
supp[ies.
❑. The amount due ta Fart Worth for servic�s provided under this Section, Paragraphs A,
B, and C, sha[I be billed ta Participating City quarterly. Participaiing Ci�y shall pay �ort
Workh withir� 30 days of receiving a bill from Fort Worth. If Fort Workh does not recei�e
�ayment w[thin 3a days, �ort Worth shall inform Participating City in writing that it will not
accept any househol� hazardous waste from Participafing City's residents and fhat Fort
WortF� wi91 not participate En a mobil� collection event o�- provide a mobile callection unit
until paid.
E. At the end of the term of this Agre�ment, Fort Worth shall pro�ide a final accounting to
Participating City, which will include the total number of Pariicipating City's households
which participated in the program, repackaging fees, if any, ar�d the total cast of spill
respanse charged to Participating Ci�y, if any.
F. Pursuant to the requirements of Gavernmen� Code�791.011 {a)(3}, #he amaun# due to
Far� VVorth under Subparagraph �, above shall be paid from revenues current�y
a�ailable to Participating City in tne preseni fiscal year.
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91.
ARTWORK, "CAPTAfN CRU� AND THE CRUDDIES," AND PROMOTIONAL MATERfALS
LICENSE AGR�EMENT
Fort Worth is th� owner af "'Capiain Grud" and th� Crudd9es (""�loomer," "�tto," "Pe�fiie,
"Scrub," and '"llan �oo") "Canquer Your �rud," and "Grud Crt�iser", and therefore a!I
ownership rights belong #o Fort Worth. �ort Worth has regisf�red these marks as service marks
with the Secretary of 5tate.
A, �'ort Worfin hereby gran#s to Participating City a non-transferable, non-exclusive license
ta us� all the artwark and promotional materials that may be provided by Fort VVorth to
be used salely in the conduct of the business of Pariicipating City's disposal and
recycling of househafd hazardous waste programs. Ifi Participating City wishes to use to
Licensed Art andlor Promotionaf Materials in other fimit�d situatior�s, Participating City
must first obtain express written consent fram Fort Worth.
B. � Fort Worth may pravide licensec{ Artwork and Promotional Materials to Participating City
pursuant �o the terms of this Agreement, Pa�ticipating City acknowledges that by virtue
of this License, Participating City acquires only the right ta use the original and permitted
dupficate copies of the Licensed Arlwork and Promational Materia�s and daes not
acquire any rights of �wnership in fihe Licensed Artwork and Promotianal Materials,
which righfs shall remain exclusi�ely with Fort Worth. 1f Participating Cify wants �o modify
or change the ar�work andlar promotional materials in any manner, Participating City
hereby agrees to contact Fort Worth in writing ta abtain written ca�sent before modifying
or changing any artwark andlor pramotional materials.
C. If Participating C9ty desires an actor to partray "Captain Crud" for ar� event, Participating
City shall use actors a�pro�ed by Fort Worth to }�flr�ray "Captain Crud" since "Captain
Crud" is own�d by Fort Wor�h. Participating City shall be solely responsible �or
c�mpensating actor for the services prflvided to Participating City. Par�icipating City wi11
contact Fort Worth as sflon as possible with the date and time of the event agreeable to
both parties ta obtain approval for the chosen ac#or and to request and pickup the
"Captain Crud" castume for its events. Fort Worth will provid� the "Captain Crud"
costume. Howe�er, Participating City agrees ta be liable to Fort Worth for any damage to
the costume or if Participaiing City fails to return the entira costume to Fart Worth or if
the costume is nat return�d in fhe same condition as received.
12.
IMMUNITY
It is expressly understoad and agreed that, in the �xe�cution of this Agreement, none of the
participating cities waives, nor shall be h�reby deemed to waive, any immunity or defense that
would atherwise be a�aifable ta it againsi claims arising in the exercise of governmental powers
and functions, and that the services described in this Agreement are a governmental function.
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13.
FORCE MAJEURE
A delay or failure of Fort Worth to �erform services pursuant to this Agreement shall be excused
to the extent that the deiay or failure to �erfarm r�sulted fram a force majeure event, and th�
delay or failure was beyond the control of Fort Worth and not due to its fault or negligence.
Participating City shall not have, a�d hereby waiWes, any claim whatever fiar any damages
resulting from delays ar failure io perFarm ca�sed by a force majeure e�ent.
14.
TERMINATION
The parties shafl each have the right to terminafe the Agreemen� for any reason, with nr without
cause, upon thirty (30) days written notice to the oth�r party. Upon termination, the parties sf�aif
be released from all coniractual obligatians to the other party excluding "USE OF WASTE
D�SPOSALIRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MATERIALS" (Paragraph 7) ar�d "ARTW�RK, "CAPTA�N CRUD
AND THE CRUDDIES," ANO PROM�TIONAL MATERIALS LIGENSE AGREEMENT"
(Paragraph 1 � ).
15.
NOTICE
Any notices required to be gi�en under this Agreement shall be delivered as follows:
if to Fort Worth:
Brian Boerner, CHMM, Director
D�partment of Environmental Mar�agement
City of �ort Warth
'i004 Throckmorton
Fort Wor�h, Texas 76102
If to Participatinq Citv:
Julie Winchell, Env3ronmen�al Coorda
Citv af Cleburne
P 0 Bag G77
Cleburne, T% 7603CiL.
16.
ENTIRETY
This Agreement contains all cammitments and Agreements of the parties hereto, and no other
oral ar wri�ten commitments shall have any farc,� or effecf if not contained herein, except that
this Agreement can be amended or modifie� by the parties if such amendmen# or modification is
in writing and signed by Participating City and For� Warth.
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�7.
SEVERABILlTY
[n the event anyane ar more af the pro�is�ons contained in this Agreement shalf for any reasan
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, ar
unenforc�ability shall not affect any ofher provision thereaf and this Agreement shall be
construed as if such invalid, i[legal, or unenforceable provisions ha� never been contained
herein.
18.
VENUE
Should any actian, real or asserted, at law or in equity, arise out of the terms and conditions of
fhis Agreemenf, venue for said actian shall be in Tarrant County, Texas.
19.
AIJTHORITY
This Agreement is made fior Fort Warkh and Part�cipating City as an Interlaca� Agreement,
pursuant to Texas Gov�rnment Cade, Chapter 791.
�a.
AUTHORIZATIDN
The undersigned officers andlor agents of the parties hereto are praperly authorized officials
and have the necessary aufhority to execute this Agreemeni on behal� of fhe parties h�r�to, and
each parly hereby cerfifies to fhe other that any necessary resaEutians extending such authority
have been duly passed and are now in full force and effect.
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Exhibit "A"
R�� T�CKr�C9 �{�T ��� YH� �O�IL� CO����il�N l�R�li
�iVa�er�al � Amounf Res�ocked Special A6eeds 1�emarks I
55 gallon open tap� Amount taken off the
drums (apen top far trailer
Ioose packs)
55 gallon drums Amoun# taken off the
(closed top) {ail, trailer
antifreeze, bulk
flammable ma#erials
an� one extra)
Fiber drums {�5 or 30
gallo�) Aerosols, Amount taken off the
acids, bases and trailer
oxidizers)
Gaylord box liners
(plastic) Amount taken off the
trailer
55 gall�n drum liners
Arnount taken off the
trailer
5 gallon buckets
(fi[terslhaz chemicals) Amount taken off tFie
trailer
Survey Forms
Amount taken off the
trailer
E.abelsldrum placard
Amount taken off the
trailer
Gaylard box�s
Amount taken off the
trailer
Absorbent pads
Amount taken off the
trailer �
Vermicufite
Amount taken off the
trai[er
Oil dry I
Amount taken aff the
trailer
Prornotional Materials
& Brochures Amounf needed
17
Exhib9t "B"
WAiVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEH�LD
HAZARDOUS WASTE
I being the owner of praperiy located at
have �een asked by the City of _ to allow a mabile collection
even� on my properiy to collect househ�ld hazartfous waste on the , 2Q01.
In consideratian of , I hereby give my permissian to #he City of
to hald a household hazardous waste collection event an my
property in which th� City of has asked tF�e City of Fort Worth
ta send its mabiEe col{ection un9t to collect the hausehold hazardous was#e that is brought to the
event.
TY�erefore, in cansideration af , I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the CEty of Fork Worth or ifs afFicers, agenis,
and employees and the City of and its officers, agents,
andlor empiayees for any and all claims, d�mands, liability, causes af action, actians or suits of
any character #hat I may have against the City of Fort Vllorth or its officers, agents, andlor
employees and th� C9ty. of or its officers, agents, andlor
employ�es far any praperty loss ar damage, for any and ail personal injury including death or
any other damage of any kind ar character which may arises or that arises from aHowing the
Ciiy of to hold a househafd hazardous waste collection event, in
wF�ich fhe City of Fart Wor�h sends its mobile collectian unit on my property.
I have read fhis Waiver and Reiease and fully understand its ferms and conditions. I have nat
been influenced in any extent wha#soever by any represeniation or statements no# contained in
this Agreem�nt. I hereby acknowledge that this Waiver and Release is gi�en in cansideration of
Signature Date
Wifness
18
�'ity o��'or�i YT�o�t�i9 T'e.�as
���� ��d �,�u���l ��r���rn�������
DAT� R�F�RE�lCE NUMBER L�G NAME PAGE
9124102 ����� �2�� 52COLLECT 1 of 2
sua�ECT INTERLOGAL AGREEMENTS WITH VARIOUS I�UNIClPALITIES FUR
PARTiCIPATION AT THE ENVIRONMENTAL COLLECTIOfV CENTER
RECOMMENDATION:
It is recommended #hai the City Council authorize the City Manager to execute interlocal agreeme�nts
with various municipalitieslentities for partic�pation at the En�ironmental Collection Center.
DISCUSSION:
The City's En�ironmental Callectron Center is now in ifis sixth year of operatiort collecting hausehold
hazardous waste from the citizens vf Fvrt Worth and surrounding communities on a year round basis,
In order for non-Fort Worth citizens to participate at the Environmental Collectior� Ce�ter, each
municipality i� required to enter into an interlocal agreement with the City of Fprt Worth.
The rate per hausehold for the period covered by th�se agreements (October 1, 2Q02 t�rough
Septem#�er 30, 2003) is $50.00. The decrease ir� the rate is due to receipt of a grant from the North
Gentral Texas Council of Go�ernments that will provide $150,000 for disposal costs during FY2a02-
20d3. It is anticipa#ed that appraximately $420,000 wi11 be collected under these agreemen#s. During
FY2001-20o2 twenty,six area communities signed participation agreements with the City ofi Fort Worth.
For the upcoming year we expe�t al� of those communiti�s to participate and have had ir�terest
expressed by six athers.
This agreement outl'rnes the respansibilities of each party, establishes the ra#e for par�icipation, and
delinea#�s the usage of service marked, public education material. The City of Fori Worth is
responsible for overall operation af the En�ironmental Collection Center including contracting with a
hazardaus waste disposal cnmpany for tr�nsportation and disposal of materials collected. The
followi�g entities have expressed an inierest ('�) or are expected to commit to participation for the period
October 9, 200� throug� September 3D, 2003:
Arlington
Benbrook
Cleburne
Euless
Haltom Ci#y
Kennedale*
North Richland Hills
Roanoke*
Stephenville
LJpper Trinity Regional Water Districi
White Settfem�nt*
Azle
Burlesan
Cofleyville
Grand Prairie
Hucst
Mansfiel�
Richland Hills
Saginaw
Trophy Club*
Venus
Willaw Paric�
Bedford
Cedar Hill
E�erman�'
Grape�ine
Keller
Newar4�
Ri�er Oaks
Southlake
Un-�ncorporated Tarrant County
VVatauga
. -. C`igy o, f�'or�i Wort�9 T'e,��s
�1��� i��l� ����1c�� ���1�r1��1���1��
DA7E F2EFERE[VCE NUMBER LOG NAME PAGE
912410� **��� ���� I 52COLL�CT 2 of 2
S�B��cT INTERl.4CAL AGREEMENTS WITH WARIOUS MUfVICIPALITIES FOR
PARTICIPATION AT THE ENVtRONMENTAL COLLECTION CEMTER
FISCAL INFORMATk�NIC�.RTI�ICATl01V:
The Finance Director cerkifies that the Enviranmen#al Management Department wiNl be responsble for
the collect�an of fur�ds due under these agreements.
L.W;r�
Submitted for Ci[y M�nager's
Ofifice by:
Libby Watson 6183
Origioating Department Head:
�3rian Boerner
Additional Information Cantact:
Brian Baerner
Fvrm � Accoun�T �
(to)
� R103 488220
�
8079 I (fro�n}
�
$079 �
CiNT�R
052'i100
E n.n�ouNr
CITY SECRETARY
APPROVED 9124102