HomeMy WebLinkAboutContract 28223�liY �E������ " s
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1NTERLOCA� AGREEMENT FOR PART[CIPATION iN F'ORT WORTH'S
ENVCRONMENTAI. COLLECTION CENTER
HOIJSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and befween the City of Fort Worth, T�xas, a F�am�-rule
municipal carporation situated in Tarrant and �en�on Counties, Texas, hereinafter called "Fo�t
Wvrth," aciing herein by and #hrough L�bby Watsan, its duly authorized Assistant City Manager,
and Ax�i�gton a municipalitysituated in Arlineton , Texas,
�ereinafter cafled "Participating Ciiy," acting herein by and through w. F. 5 t u d e r,.� r �ts duly
a�athorized ��p��� city 1�lanage� _
WiTNESSETH
WHEREAS, Texas Government Cocfe, Chapter 79�, authorizes the formulation ofi inierlocal
cooperation agreements.between and among local govemmenfs; and
WHEREAS, Texas G��ernment Code, §791.0� 1 provides that a local goWernment may c�ntract
witf� anoiF�er to pe�Form gnvernmental functions and servic�s, and §?91.003(3)(H) defines waste
djsposal as a g�vernmental ftanction and setvic�; and
WHEREAS, Texas G�vernment Code, §791.025 provides that a lacal government may agree
with another local government to purcnas� services; and
WHEREAS, Fort Worth artd Participating City desire to enter info an interlocaf agreement
whereby Fort Worth will purchase the services ofi a waste dis�asaVrecycling firm or firms and
wil� adminisier a household hazardous waste co�leciion program; and
WHEREAS, Fort Worth and Participating City mutually de�ire ta be scabjecf to the pro�isions of
Texas Government Code, Chapter 791, afso known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as fo�i�ws:
�.
DEFINITIONS
A. Unl�ss a pro�isi�n in this Agreement explicitfy states otherwis�, the following terms and
phrases, as used in this Agre�ment, shaEl have the meanings hereinaf�er designated.
Act of God means an act accasioned by the direcf, imme�iate, and exclusi�e operation
af the forces of nature, uncor�trofled or uninfluenced by the power of. humans and without
human intervention.
Bill of L.adinQ lists th�e contents of th� mabile colfection unit.
Environmenta� Callection Center (ECC) mear�s the City of Fort Worth D�partment of
Env9ronmental Management faciiity located at 6400 Bridge Street, �ort Worth, Texas,
whicf� is to be used by �ort Worth for ihe aggregation of househald hazardous wastes
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fhat ha�e be�n brought to the facility by par#icfpating cities' households for subsequent
recycling, disposal, andlor reuse.
Environmental damaaes means alf ciaims, judgments, damages, �osses, penalties, fines,
liabilities (incfuding strict liabi�ity), encumbra�ces, liens, costs, and expenses of
in�estigation and defense of any claim, whether ar not such claim is ultimately defea#ed,
and of any good faith sett�ement or ju�gment, of whatever kind or nature, continger�t ar
otherwise, matur�d or unma#ured, fareseeable or unforeseeable, including without
limitation reasonab�e attorney's fees and disb�rsements and eflnsuftant's fees, any of
which are ineurr�d subsequent ta the executian of this Agreement as a result of ihe
handling, calleciion, transportation, storage, disposal, trea#ment, reco�ery, andlor reuse
of waste pursuant ta fhis Agreemenf, or the existence af a �ioiatiar� af environmental
requirements per#air�ing to same, and including without limitatinn:
(a) Damages for personal injury and death, or injury to property ar natural resources;
{b) Fees incurr�d for the se�vices of attorneys, consultants, contractors, experts,
laboratories and all other cos#s irtcurred in conhectian with the inv�stigatior� or
remedia#ion of such wastes or violation of environmental requirements incfuding,
but rtot limited to, the preparation of any feasibiEity studies flr reparts or the
perFarmance of any cleanup, remediafion, removal, response, abatement,
containment, closure, r�storation or monitoring work required by any federal,
state or local governmental agency or political subdi�ision, ar atherwise
expended in connection with the existence of suc� wastes or violations of
en�ironmenial requirements, and including wit�out limitation any attorney's fees,
casts and expenses incurred in enfarcing ihis Agreement or colfecting any sums
due hereunderP and
(c) Liability ta any tF�ird person or governm�ntal agency to indemnify such person or
agency for costs expen�ed in connection with the items refer�nced in
subparagraph (b) �erein.
Environmental re�uir�ments means all applicable present and future statutes,
regulations, rulss, ordinances, codes, licenses, permits, orders, appro�als, plans,
aufhorizations, concessions, franchises, and similar items, of all governmental agencies,
d�partments, commissions, �aards, bureaus, ar ir�strumentalities of the United States,
sfates, and political subdivisi�ns thereof and all applicable judiciaf, administrati�e, and
rEgulatory d�crees, judgments, and orders relating to the protection of �uman heaith ar
the environment, incl�ading witha�t limitaiion:
(a) All requirements, including �ut not limited to those pertaining to reporting,
licensing, permitfing, investigativn, and remediation of emissions, discharg�s,
releases, or tf�reatened releas�s of hazardous materials, poAutants,
contaminants, or hazardous or foxic subsiances, materials, or wastes whether
sofid, liquid, or gaseous in nature, into the air, surtac� rrvater, groundwater, s#arm
water, or lana, or relat9ng ta the manufacture, processing, distnbufion, use,
treatment, storage, dispasal, transport, or handling afi pollutants, cantaminants, ar
hazardous or toxic substances, materials, or wastes, whether salicf, liquid, or
gaseous in nature; and
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(b) All requirements pertaining to the protectio� of th� t�ealth and safefy o�
employees Qr the public,
Force maieure means decrees of or restraints by a governmental instrumentality, acts of
God, work stoppages due to labor disputes or strikes, failure of Fork Wort�'s
contractor(s) to perform purs€aant to their agre�ments wiih Fort Worth for the cond�.�ct of
the collectian of house�ald hazardaus waste, fires, explosions, epidemics, riots, war,
rebe[lion, and sabotage.
Household hazardous waste (HHWI means any solid waste generated ir� a house�old by
a consumer which, except for the exclusion pro��ded for in 40 CFR § 261.4(b){1 }, would
be classified as a hazardous waste und�r�0 CFR Part 26�.
Manifest means the uniform hazardaus waste ma�ifest form(s) furnished by the TNRCC
to accompany shipments af municipal hazarcfous waste ar Class 1 industrial salid waste
fo�- waste transparted to a site in Texas, or #he comparable manifest af the receiving
state if the waste is transported out of Texas.
Mobife colfeciion event means a househa[d hazardous waste collection event by
Par#icipating City utilizing a mobile collection unit.
�ort War�n Mobile collectio� unit (MCU) means a nan�self-propelled vehicl� used �or the
periodic coilection of hausehold hazardous waste by Participating City, off-site of the
ECC, wh�ch is transport�d to the ECC ta dispose of the househofd hazardous wasie
cfl�[ecfed at the mob�le collection ever�t. The Fo�t WortY� Mobile Collection Unit is
designed to hold the hazardous waste of approximatefy 50 ta 75 househoids.
Participatina Cities, when used in the �lural, means F'ort Worth, Participating City, and all
flfher entities wF�ich have ent�red into interlocai agreements with Fort Worth for the ECC
household hazardous wasie collection program.
Person means an individua�, corporation, organizatian, government, or governmental
subdi�isian or agency, business frust, pa�tnership, association, or any other legal entity.
Waste has the same meanir�g as "sc�lid waste" as that term is defined in Texas Health
and Safety Cade §361.Q03, and incEuding f�azardous subsiances.
B. Unless a provision in tf�is Agreement explicitly states otherwise, the follawing
abbre�iations, as used in this Agreement, shall have fhe meanings hereinafter
designafied.
CERCLA - Com�rehensive EnviTonmental Response, Compensation, and Lfabilifiy Act.
CPR � cardiopulmonary resuscitation.
�OT - Unitec� States Departm�nt of Transporiatioh.
ECC - En�iranmental Collection Center.
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EPA - Unit�d States �nvironmental Protection Agency.
HAZCAT - hazardous categorization.
HAZINOPER - hazardous waste operations and emergency res�onse.
HM - hazardous materials.
HHW - household hazardous waste.
MCU - Mobile Collection Unit.
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement"} is the provisian of services by
Fort Worth to Participating City whereby, subject ta fhe terms and canditions specifi�d below,
�ort Worth will administer and supervise a regional f�ousehold hazardous waste callection
program, wt�ich wilf be a�ailable to households within Pa�icipating City. ,
3.
TERM
This Agreement shall be effective from #h� date the last party has signed this a�reement
through 5eptember 34, 2003.
4.
SERVE CES QF FORT WORTH
F'nrt Warth agrees to perform the #ollowing services for Participating City in connection with the
ECC household hazardous wasfe collectior� program:
A. Fori Worth wifl adminisfer a regional hausehold hazardous waste collection pragram.
This program wiil include the op�ration of the Environmental Callection Center, which
will aceept foT disposal and/or recycling household hazardous waste from hauseF�alds
lacatecf within Participating City, Fort Worth shall not accepf compressed flammable gas
contain�rs; radiaactive materials; explosives or potentialiy shack sensitive materiais;
biolagical, etialogic, ar�� infectious materia�s; wastes from businesses; and any ot�er
wastes that Fort Warth has determined are unacceptable.
B. Fart Warth will emplay or retain personnel to pra�ide the services necessary to perform
�art Worth's obfigations in this Agreement.
C. Fort Worth will enter inta a contract{s) with waste disposallrecycling firm{s) for the
hand�ing, eollection, transportatian, storage, disposaf, treatment, recovery, andlar reuse
of hausehold hazardaus waste, which is col�ecf�d at the ECC.
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D. Fart Wo�th will, if requested in writing by Par�icipating City, pravide Participating City witn
copies af waste manifiests for shipm�nts of waste froTn the ECC.
E. �ort Worth will, if requested in writir�g by Participating City, pro�ide Rarticipating City a
monthly report of the Par�icipating City's househoids wha disposed of household
hazardo�as waste at the Environmental Caflecfion Center or a Mobi�e Collection Eveni.
F, Fort Worth will issue a repar# and a bil! at the end of �ach quarter detai�ing the number of
Participating City's f�ouseholds that disposed of household hazardous waste at the
Environmental Collection Center or at a mobife collectian e�ent_
G. Fort Worth will ac# under this Agreement in accardance with ali applicab�� state and
federal laws.
H. Non-Fort Worih Mobile Collectior� Unit
1. Fort Worth agrees to accept household hazardous wast� fram Participating City's
MCU in accordance with Section �, af this agreement.
2. F'ort Worth agrees ta restock the items i# remaves from Participating City's MGLI,
haweva�-, For� Worth shall only restock items fisted in Exhibit "A", attached and
incorporat�d herein as if sef farth.
Mobife Calfection E�ents —lJsina Fort Worth's Unit
1. If Participating City would like fa schedule a mobile coliection event with
fhe Fa�t Worth Mobile Colleciion Unit, For� Warth wilf send Participating
City a list af a�ailahfe dates. Par�icipating City will cantact Fo�t Worfh as
soon as possible to schedule the date, time and Eacation agreeabfe ta
both parfies.
(a) Location
If Participating City chooses to hold the Mobile Col�ection Event an
privafe property, Par�icipating City shalf abtain a signed waiver
from the owner of the property 1 weefc prior ta the e�ent. The
wai�er shaif be in the form of Exhibit B or similar form appro�ed by
Fort Wa�th. The signed waiver must be sent to Fort Worth 1 week
betore the Mobile Collection Evenfi. If the signed wa9�er is nat sent
to Fort Warth 1 we�k before the Mobile Collection Event, Fort
W�rth will not senc� the �ort Worth Mobiie Callection Unit to the
event and Participatin� City will, in no ev�nt, be enijtled ta any
damages of reco�ery of any costs, except as pro�ided herein.
(b) Available Dates
Participating Cify acknorn�ledges that Fort Wort� cantracts witF�
oti�er rnunicipalities and thaf For� Worth will be accammodating
each Participating City's request on a first come first served basis.
Therefore, Par�icipating City acknowl�dges iF�at its chos�n date to
schedule a mobile collection event may be reserved by another
City and Participating City wi�l have to chaase another date.
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F'articipafing City wi�l, in na e�ent, be en#itled to any damages ar
recavery of any costs, except as pro�ided Y�erein.
2. At the Mobile Co�lectian Ev�nt, Participaiing City ac�Cnowledges and agrees tf�at
Fort Wor#h shall accept household hazardous waste from the first 50 hauseholds
that show proof of resideney at the Mobile Callection E�ent. After #h� first 5D
households, Fort Worth wf�l determine in its sole discretion haw muc� mare
waste it can acc�pt and stare praperfy. If more hauseholds arrive at the event
than Fart Worih can accept, Participa#ing City will in no event be entitled to any
damage of recovery of any casts, except as pra�ided herein.
3. Due to the fack of starage space at the ECC, Participat�ng City acknowledges
and agrees thaf if it requests the �ort Wort� Mobile Collec#ion Unit at a mobile
colfection event, a Partici�ating Ci#y's Non-Fort Worth Mobile Collecfion Unit shall
�ot also be at the event.
4. City, in its sole discretion, wifl determine whether to send the Fart Worth Mobife
Collectifln Unit to Pa�ticipating City's Collection Event during adverse weather or
the threat of adverse weather including but nat Iimited to sleet, snow, rain, mist or
hail. In the event Fart Warth determines not to send the Fort Worth Mo�ile
Collection Unit, Fort Worth shall nofify persons listed in Section 5, Paragraph A
and shall send a F'or� Worth employee to the Parficipafing Ci#y's event to tell any
residents that come to dispos� of household hazardous waste; 'f } tF�at the F'ort
Worth M�bile Coilection Unit wilf nat be caming to ti�e event, and, 2} that ihe
residen# can go to the ECC to dispose of the waste and provide a map to the
ECC.
5.
DUTIES OF PARTiCIPATING ClTY
Participating City agrees to perform the following duties in connection with the household
hazardous wast� colleciion program:
A. Participa#ing City will designate one of its employees, and another as an alternate, to acf
as its household hazardous waste collection coordinator to interact with Fort Worth.
Designated person is: L o r r i e An d e r 1 e #ele�hone number: ( s 17 ) 4 5 9- 6 7 7 8
Pager number or 24-hour number where he or she can be reached: ( S 17 ) 7 0 S- 9 5 3 3
Alternate person is Rob er t s. �y r d telephone number: ($��} 4 5 9- 5 8 61
Pager number or 24-hour num�er where he or she can 6e reacf�ed: ( 817 ) 4 3 2-- D 4 3 8
B. Participating Ci#y will coordinate and fund alf program advertisin� targeted to its own
citizens, as it �deems necessary. Such ad�ertising shal[ include tf�e type of wastes that
will be accepted at the ECC, the requirement of proot af residency and weather
cancellation information.
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C. Participatirtg City shall notify its residents of the ECC hours of opera#ion and dates it is
clased as pro�ided in Section 9"The En�ironmental Collection Center Hours of
Operation."
D. Participating City may choosa #o utilize a �oucher system for its residents in order for
tnem to bring HHW to the ECC. If Participating City chaoses to use such a system, it
shall ntitify Fort Worth of the t�ecision, and shaN prnvide Fv�i Worth with a copy ofi t�e
afficial vaucher. In addition, if a cifizen from a Participating City that utilizes a voucher
system comes to the ECC or a mo�ife collection event without a voucher, Pa�tici�ating
Ci#y acicnowledges and agrees that Fart Worth wilf not accept the nousehold hazardo�s
wasfe untEl Participating City authorizes the acceptance in writing.
E. Participating City may submit a written request for a monthly report listing ti�e r�umber af
its city's households that have disposed of housahold hazardaus wast� at the ECC or a
mobile collection event.
F. Participafing City shafl pro�itfe traffic eontrol and signage for the mobile collection
events, and si�all �rovide persannel to assist Fort Worth with the survey and� screening
of persons dropping off household hazardous wasie. The parties prior ta th� event shall
agree upon the details of the traffic control, sigr�age, and personnel assistance.
G. Participatinq City's Mobile Coll�c#ion Units Col�ectinq Household Hazardous Waste
1. Par�icipating City sha�I advise th� ECC prflgram manager at least 72 h�urs in
ad�ance of its mabile collection events. Participating Ciiy shall caflect only HHW
during a mobile collection event. Wastes from commercial, agricultural, and
industriai sources shall not be accepted. Participating City shall not accept
compressed flammable gas containers; radiaactive materials; explosi�res ar
potentially st�ocic sensitiva materials; biological, etiologic, and iniectious
materials; and any nther wastes tha# �'or� Wor�h has d�termined are
unacceptable.
2. ln accordance with the latest ❑OT reguiremen#s, Participating City's MCU
operators will properly categorize, package, mark, fal�el, and load inta the MCU,
all wastes received at the rrtobiie co�lection event. Recyclab[e products (usEd oil,
used oif filters, latex paint, recyclable anti-freeze, lead-acid bafteries, and
fluarescent lights} wi[I be segregated inta containers for recycfables.
3. After acceptir�g wastes, Pariicipating City's MCU operators shall tharoughly
check each container far proper labeling and identificatior�. If a container is
properly identifiied, the material wi�l be segregated according ta hazard cfass and
prepared for packaging. If a c�ntainer does not have adequate labeling to permif
identification, the MCU operators sha[I then a#tempt ta idenfify the rnaterial from
its physical characteristics using HAZCAT analysis and from informati�n pro�ided
by the household pres�nting the waste.
4. The Partici�ating City's MCU o}�erators shalf package all hazardous materials in
accordance with United States Depa�tment of Transportatian (DOT)
requirements, United Staies Environmental pr�t��ti�. =�g,s�:,�r. (EPA}
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requirements, and all other apPiicable federal and state requirements. After afl
the wastes have beer� properly iderttified and segregated, the MCU operators wil!
reexamine the wastes for c�mpatibility, list th�m on the confainer 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 cont�iner, the painf can
be packed in a lined cubic yard box, and packed and labeled according to federal
and state regulations. Par�icipating Cify shall not transpor� waste �hat is nat HHW
to the ECC. Participating City agre�s fo make ifs own arrangements to dispase of
any nan-HHW was#e collected at the event.
5. Prior ta transporting the HHW from the collecfiion event site(s), Participating City's
MCU aperators shall compleie a Bill of Lading, and shafl keep the Bill af Ladir�g
in tne cab of the truck hauling the MCU d�ring transportation af the HHW ta the
ECC. Participafing City shall require that a minimum of one capy of the latest
North Am�rican Em�rg�ncy R�s�ons� G�idebaok be kept within the cab af the
truck.
6. During transpartafion, Participaiing City's MCU operators shail placard the MCU
far transportation of hazardous wasfe in accordance wi#h federal and state law.
7. Upon the return of the MGU to the ECC, Participafing City's MCU operators sFtall
follnw the insfructions of F'ort Worth regarding the piacement af the MCU for
unloading. Fort Wo�th shall take possessian of the MC� from Participating City
after the MCU has been properly parked for unlaading in accQr�ance with Fort
Worth's instructions and all required documants have been delivered to the ECC
program manager or his designee at the ECC. �ort Wnrtn shafl, within a
reasonab[e amount of time, unload tY�e HHW from the non-Fort Worth MCU and
store the HHW at the ECC.
8. If Fort Wor�h, in its sole discretion, determines that Participating City's MCU
operators improperly packaged any af the HHW delivered ta the ECC, Fo�t Wor�h
shall repackage suc� waste, and Participating City shal[ reimburse Fort Worfh as
set farth in Section 10., Paragraph B.
9. If a spill occurs at the ECC wF�ile the MCU is siiil in Participating City's
possession, For� Worth shafl take control of the spill response and Par#icipating
City will reimburse Fort Worth for its response costs as set for#h in Section 10.P
Paragraph C.
6.
USE OF WASTE DISPOSAVRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth wiil enter into a contract(s) with waste disposallrecycling firm(s) for fhe
hand�ing, collection, transportation, sfarage, disposal, treatment, recavery, andlor reuse
af household f�azardous waste, which is col[ected at the ECC.
B. Such firm(s) s�all be requir�d pursuant to the contract(s) to assume generator stat�5 for
fihe waste callected, (excluding used oil, lead-acid batteries and antifreeze) fa choose a
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disposal site for the waste subject to Fart Worth's approval, and to indernnify Fort Warth
and participating cities against any and all environmental damages and the violatian of
any and a[I environmenfal requiremer�ts resulting from the handling, c�llection,
transportation, storage, disposal, treatment, recovery, andlor recycling ofi waste collected
pursuant to this agreement, when said environmeniaf damages or the violation of saEd
en�iranrnenfal requirements was the result of any act or omission of cvntractor, its
officers, agents, employees, or subcontrac#ars, or the joint act or omission of cor�tractor,
its officers, agents, emplflyees, or subcantractars and any otner person or entity.
C. ifrl� �'�oR�l�S ��COChiI�� TRAT ALTWOUCb TbF �IRi�i {S) 1NILl. �� R�QU1R��
YQ ASSUI4NE C�N�f�AYOR �i�o�US, iH15 ASSUF�� f IONi WI�� NO�' ��LI�V�
P�„RTICIPAi1NG CIiY OF LIA�ILITY FOR TFiE !l4��.SiE 11AlDER F�D�F�RL ��►Vi1
��ID ST°AT� LAllV. Fort Worth will arrange for recycling vendors for used oil, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF CQLLECTED MATERIA�.S
A. Frorn time-to-time Fort Wortf� will make avaiiabfe to residents and businesses of �ort
Worth, as wel[ as, Participating City and residents and busirtesses of Participating City
for their use, caflected household hazardovs wasf� materials #hat are suitable for reus�,
such as paint, fertilizer, motor oil, and antifreeze. �ort Worth shall not ci�arge for a�y
maferials that are picked up for reuse. _
B. Some materials macle available far reuse may have been consolidated and fiftered by
Fort Worth prior to being mad� availabfe. Used antifreeze will have been conso�idatecf in
a barrel, filtered, and pH balanced, and new antifreeze may have been added to the
barref.
G. In regards to materials accepted by Par#icipating City, �O�i WORTW IV�A�S F�O
REPR�SI�f�iAT�OR�S, ViIARRAWTlES OR �11�,�tAN�'��S �HA�:
1. the cnntainer contents are w�at ti�e label indicates;
2. tF�e container contents are those originalEy placed into the cantainer by the
manufacturer;
3. the praduct is of the quality it�tended for its use;
4. the conte�fs of the container ha�e been stored properly;
5. the instructians on the container label for �s�, storage, and first aid are current ar
carrect;
fi. the container is in unimpaired condition;
7. the product is stilf approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, praperky or the environment.
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FURTHERIII�OR�, A�� WARRAiVilES, �XPR�SS AN� IMP�I��, A��
SPECIFICA�.�Y ��P11�A.
D. Par�icipatirtg Cify shall confact the ECC program mar�ager ta arrange a pickup time to
obtain materials. Participating City agrees that ifi shall not return to Fork Worth, directly or
indirectly, any maierials it obtains from Fort VIlarth under this paragraph.
E. IN REC�11RpS �� �,4TFRIALS �.CC��Y�� �Y P�►RiIC1P6�T1MC CI�Y',
PAR�[CI�AT'SIVC CITY �O�S H����Y l�MAIVE ALL C�[IViS, f NCLL1DIf�C
PRODUCTS �Ir4�1�1 f Y C�A1fViS, AhID Et�L�AS�S, �►N� HOLDS H,�►RiVYL�SS �'H�
C��Y �� �ORi W�R7H, Afd� r4ti� 0� [TS O��ICIALS, O�'�IC�RS, �iViF'�.OYI�€S,
R��RV�S, AND l/O�UN���RS, IR! �OiH �Fi�[R �U��IC A�lD PRIV�►�'�
C�►PACIiI�S, FROM �P�Y AND A�� �[�4�1�lT'Y, CLAIMS, SUIiS, ���fl�►f�DS,
�X��NS�S ��' LIiIG�.`TIQiV, OR C�►US�S O�' AC�ION WHICb IV�AY AR[SE �Y
R�AS�P! O� INJURY i� PERSOPlS, �OSS ��' PROPE�TY, �AMp►�� i0
PF�OF��R�If, OR LOSS OF LJS� O� /�IVY PROR�R�If ,�CCRSIO�dED �Y iH�
TRANSPO�`1'A�'ION, SiORAG�, HAN��riVC, USI�, AN� QISPO�AL E3Y
��►R�fCI�AiIf�C CITY O� ANY �IIAT'l�RI�+LS ACC�� f�� �Y ��RiICI�AiIfVG CI fY
UND�R iHIS �G�t��[V'I�IVi FRONY �O�i WORiH.
F. In regards to materials accepted by residents or businesses of Participating Cities,
�ORT W�RiH i�lAK�S h!O R��R�S�NYAiIONS, W�►RRAf�iIFS OR GUA�hiil�S
TH�►T':
2.
3.
4.
5.
6.
7.
the container contents are what the labei indicates;
the con�ainer contents are those originalfy placed into the container by the
manufacturer;
the product is af the quality intended for its use;
the contents of the container have been stored prop�rly;
the instructions on the container �abel far use, storage, and first aid are current ar
correct;
the cantainer is in unimpaired condit�on;
the product is siil[ approved for use (i.e., it F�as not been banned ar r�called); and
8. the praduct can be used with�ut risk to persons, property or the environmenf.
r IJRTF�i ERi11�OR�, Alo� WARRAf�lil�5, �X�R�SS r�IdD lMr�'1,.1��, ARE
S��CI�'1C�►�,LY �EN[�D.
G. Participating City shall attempt to inform ifis resid�nts and businesses that if they go to
the En�ironmental CoIlectian Center to pick up household hazardous wasfe for reuse, a
release of liability must be s9gned to accept the ho�asehald hazardous waste for reuse.
�a
8.
RIGHT TO REFl15E WASTE
Participating City agrees thati �ort Worth shall ha�e the right to refuse to accept waste at the
ECC from Par�icipating City's resident and to eject such individual fram the premises of the
ECC, if in ihe reasonabfe juc[gment of Fart Warth:
A. The waste is nat househo�d hazardaus waste;
B. The waste fails to meet oti�er established criteria establis�ed by this Agreement, or that
ha�e been established by �ort Wor�h subsequ�nt to the execut�an of t�e Agreement;
C. Ti�e indiv�dual does not have sufficient identification to establish that helshe is in fact a
resident of Participating City;
D. Partic9pating City has irr�plemented a vauch�r system for its resicEents to dispose o�'
waste, and the individuai does not have a va[id vnucF�er; or
E. The waste or the ir�diWidual presents a hazard to the �CC ar to persons or prop�rty at
the ECC. .
9.
ENVIRONM�NTAL GOLLECTION CENTER H�LJRS aND �AYS
OF' OPERATION
A. Hours of Operation
During the term of the agreement, the ECC's hours of operation are as foUows.
Thursday and �riday 11 ;OQ a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m. �
B. Days tf�e Er�vironmental Col[ect9on Center will be closed
During the term of the agreement, the ECG will be closed an the fallawing days:
Thanksgiving Holiday, No�ember 28 -29, 2002 �
Ghristmas Holic�ay, December 25, 2002
January 1, 20�3 through January O8, 2003, for eleanup and repairs
M.�.K. Day.fanuary 20, 2003 �
M�morial Day, May 26, 20Q3
Indepen�ence Day, July �4, 2003
Labor �ay, September � , 2003
C. Natifying Resicfents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will
be closed. Participating City may advertise the 24�hour Environmental Collectian Center
41
tefephane number ta g��e its residents fhe Environmental Collec#ian Cenier's hours. The
number is: {817} 87�-5257.
10.
C�MPENSATION
As fair compensation for the services pravided by F'ort Vllorth pursuant to t�is agreement:
A. Participating City agr�es ta pay �ort Worth t�e sum of $ 50.00 per household per visit to
the ECC or per household for participatiort in a Mobile Collectian Event to dispose of
househo[d hazardous waste.
B. If Fart Worth determines that Participating City's MCU aperators improperly packaged
any of the HHW deli�ered ta the ECC, Fort Warth shall repackage such waste, and
Pariici�afing City shaf! reimburs� Fort Wortn for it staff time at $20.�D an h��r and the
cost of supplies.
C. ff a spill occurs at #he ECC while the Non- Fort Worfh MCU is stil! in Participating City's
possession, For# Worth shall take control of #he spill respanse and Participaiing City will
reimburse Fart Worth for its response costs of $60.00 per hour staff time and the cast of
supplies.
D. The amaunt due to Fart Wor�h for services provided under this Secfion, Paragraphs A,
B, and C, shall be billed to Partic�pating City quarterly. Participatir�g City shall pay Fort
Worih within 30 days af receiving a bili from Fo�t Worth. If Fort Worth does nat r�ceive
payment within 3fl days, Fort Worth shall inform Partieipating City in writing that �t will not
accept any househ�ld hazardous waste from Participating City's r�sidents and that �ort
Worth will nat participate in a mabile collection e�ent or provide a mobife collection unit
unti! paid.
�, At the �nd of the term of ihis Agreem�nt, Fort Worth shall pravEde a final accounting to
Participating City, which wi[1 include the total rtumber of Participating City's householcfs
which participated �n the program, repackaging fees, ifi any, and the total cost of spill
response charged ta Participating City, if any.
�. Pursuant to the requirements of Government Code �79�.01'f (a)(3), the amount due to
Fort Worth under Subparagraph D, abo�� shail be paid from revenues currently
available to F'articipating City in the present fiscal year.
12
11.
ARTWORK, "CAPTAIN CRLJD AND THE CRUDDf�S," AN❑ PROMOTfONAL MATERIALS
LIC�NSE AGREEMENT
Fort VIlorth is the owner of "Capfain Crud" and the Cruddies ("�[oomer," "Otfio," "Pestie,
"Scrub," and "Van +�oo") "�onquer Your Crud," and "Crud Cruiser", and therefore all
own�rship rights belong to Fart Workh. �o�t Worth has registered these marks as serrrice mar�s
with the Secretary of State.
A. Fort Worth hereby grants to Pariicipating C�ty a non-transferable, non-exclusive license
to use all the artwork and promotionaE materials that may be provided by F'ort Warth to
be used solefy in the conduct of the bus[ness of Participating City's disposal and
recycling of l�ousehafd hazardous waste �ro�rams. If Participating Cify wishes to use to
Licettsed Art andlor Promotional Materials in other limited situations, Participating City
must firsfi obtain express written consent from Fort Worth.
B, l�o�t Worth may provide licensed Artwork and Prorr�otional Materials fo Participating City
pursuant to fhe terms of this Agreement. Participating Cify acknowledges that by virtue
of this License, Pa�icipating City acq�ires only tne right to use t�e ariginaE and permitted
duplicate copies of the L�c��sed Artwark and Promatianal MatArials and does not
acguire any rights of ownership in the Licensed Artworl� and Promational Materials,
which rights shall remain exclusively with For# Warth. If Participafing City wants to modify
or change the artwark andlar promotional materials in any manner, Participating City
hereby agrees ta contact Fort Worth in writing ta abtain wriiten consent before modifying
or changing any artwark andlor �romotionaf materials.
C. ff Participating Cify desires ar� acfor ta portray "Captain Crud" �or an event, Partici�ating
City shall use actors approved by Fort Worth tn portray "Captain Crud" sinc� "Captain
CrudR is owned by Fort W�r#h. Participatir�g City shall be solely responsible fior
compensating actor tor the services provided to Participating City. f'articipating City will
contact Fort Wor�h as soon as possible with the date and time of the event agr��able to
�ath parties to obtain approvaE for the chosen actor and to request and pickup the
"Captain Cr�d" cosfume far its events. Fort WortF� will provide the "Captain Crud"
costume. However, Participafing City agrees to be liable ta Fort Worth for any damage to
the castume or ifi Partici�ating City fails fo return the entire costume to �ort Worth ar if
the costume is not returned in the same condition as recei�ed.
'f 2.
IMMUNITY
It is ex�aressly understood and agreed that, in the execution of this Agreement, none of the
participating cities waives, t�or shall be hereby deemed to waive, any immunity ar defense #hat
would atherwise be available to i# against claims arising in the exercise of gavarnmental pawers
and functions, and that the services described in this Agreemen# are a governm�n#al funefion.
�"� � . .
13 ,
�„ ,
'f 3.
F4RCE MAJEURE
A delay or tailure of Fort Worth to perform services pvrsuant fo fhis Agreement shall be excused
ta the extent that the delay or failure ta perForm resulted fram a force majeure even#, and the
delay or failure was beyond the control of Fort Wor�h and not due to its fauft or negfigence.
Participating City shall not haue, and hereby waives, any cfaim what�ver for any damages
resuEting from delays or �ailure to perform caused by a fc�rc� majeure event.
14.
TERMINAT[ON
The parties shall each ha�e the right to terminate the Agreement for any reasan, with or without
cause, upon thirty {3Q) days written notice to the ather party. Upon termination, the parties shall
be released from aI� contractual obl[gations to the other party excluding "USE OF INASTE
D15POSALIRECYCL[NG FIRMS FOR HOUSEHOLD HAZARDOUS WAST�" (ParagrapM 6}
"REUSE �F COLLECTED MAT�RIALS" (Paragraph 7} and "ARTWORK, "CAPTAf N CRUD
AND THE CRUD�I�S," AND PROMOTIONAL MATERIALS LICENS� AGREEMENT'
(Paragraph 11).
15.
NOTICE
Any notices required to 6e gi�en under this Agreem�nt shall be delivered as follows:
I� to Far# Worih:
Brian Baerner, CHMM, Director
❑eparkment of Environmental Mar�agement
City af Fort Worth
�040 Throckmortan
Fort Worth, Texas 7fi'f 02
If to Pariicipatina Ciiv,
Lorrie And.erle
RPr�rc_1 ina r'.nnw-rlinat-nr
P.a. BoX`"9aa.�1
Arl i n�f'nn . TX 7h{]OG-32 � 1
16.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other
oraf or written cammitments shall ha�� any force ar effect if nat contained herein, excepf that
this Agr�ement can be amended or modifiied by the parties Ef such amendment ar modification is
in writir�g and signed by Participating City and Fart Wnr�h.
14
1 ?.
SEVERABf LITY
In the event anyone or mare of the p�-ovisians contained in ihis Agreement shali for any reason
be held to be invalid, illegal, or unenforceable in any respec#, such invalidity, illegafity, ar
unenforceabifity shalE not affect any other provision ti�ereof and this Agreement shall be
construed as if sucn ir�valid, illegal, or unenforceabla provisions �ad never been contained
herein.
1 S.
VENUE
5hould any action, real or asserted, at law or in equify, arise out of the terms and conditions of
this ,4greement, rrenue for said actian shail be in Tarrant County, Texas.
'E 9.
AUTHORITY
This Agreem�nt is made for F'art Worth and Participating City as an �nterfocal Agreem�nt,
pursuant ta Texas Govemment Code, Chapter 791.
20.
A�THORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials
and have the necessary authority to execute this Agreement �n behalf of the �arties hareto, and
each party hereby certifres ta tF�e oth�r thafi any necessary resoiutians e�ending such authority
ha�e been duly passed and are naw in full force and effect.
15
EXECUTED IN TRIPLICATE
CITY 0� F�RT WORTH
By: t . � � _
� �1�_� , .
r
��by Watson
Assisfant Ci�y Manager
Date: . � . .� ",�� �
APPROVED AS TO FORM
AND LEGALITY:
� �.� �
Assistant �ty Attorney� �
A�EST: '
�,
4� 4. �
b � • i
�Ioria �Pear�on` �
City Secr�fary
l� „_
Cor�tract authorization
� � I .. _
� ��,.
Date
'�� 1 ` �
�L.Yu a �� .,
���o ���'_V�� - _
G i�'� �°� �� � i��°i� r�
By:
Prinfed nam�: � �'. �t�de�. �I�x.._
Tit[e:. _ ' pu�Y Cltv M��
Date: ,
APPR�VED AS TO FORM
AND LEGALlTY:
. /T� `-�-�
ssistant City Attorney
ATTEST:
,y�„_-,,.�. _. r . �. : n_ __
City Secre��r� � �
��
�
Exhibit "A"
R�STOC�II�C �ISi �OR Ti�� �II��1L� C�LLF CTION UNIi
iViaferial Amounfi Ftestoc�ed Special Pleeds �emarks �
55 gai�on open tap Amount taken off the
drums (open top for trailer
Eoose packs)
55 gallon drums Amaunt taken off the
(closed fap) {oil, trailer
antifreeze, bulk; . , ,-
flammable 'materials
and one�extra)
Fiber drums (55 ar 30
gallon} Aerosols, Amounf taken �ff th�
acids, bases and trailer
axid�zers}
Gayiord box liners
(plastic) Amount taken off the
trailer
55 gaElon drum liners
Arnount taken aff the
traler
5 gallon buckets
{filterslhaz chemicals} Amount taken off the
#raiEer
Survey Forms �
Amaunt ta[cen off the
traifer
L.abelsldrum placard
Amount taken offi ihe
trailer
Gaylard box�s
Amount taken aff the
trailer
Absorbent pads
Amount taken off tY�e
trailer
VermicUlite
Amoun# taken off #he
trailer
Oil dry
Amour�t taken off the
trailer
Promotior�a! Materials
& Brochures Amount n��ded
17
Exhibit "B"
WAIVER AND RELEASE OF' LIABILITY FOR COLLECTfON OF HOUSEHOLD
HAZARD�IJS WASTE
I being the owner of property located at
ha�e bsen asked by the City of to allow a mabile coll��tian
event on my property fo colleci household hazardo�s was#e on th� , 2001.
In cor�sideration of , I hereby give my permission io the C9ty of
ta hold a f�ouseF�o�d hazardous waste •collection e�enf on my
proper�y in which the Cify of has asked the City of Fort Worth
ia send its mobile collection �anit to coll�ct the household hazardous waste t1�at is brought to the
event.
Therefore, in cansideration of , I hereby RELEASE,
DISCHARGE, HOL� HARMLESS, [NDEMNIFY the City ot Fort Worth or its afficers, agents,
and employees and the City of and its officers, age�ts,
andlor em}�lay�es for any and all claims, demands, liability, caus�s of actior�, actions or suits of
any eharacter that ! may �tave against the City of Fort Worth ar its officers, agents, andlor
employees and the City of or its . officers, agents, andlor
employees for any property loss or damage, for any and aI1 p�rsonal injury including death or
any other damage of any kind or character whieh may arises or that arises fram allowir�g the
Ci#y of to hold a househald hazardous waste collectian e�ent, in
which the City o� Fort Wor�E� sends ifs mobile collection unit on my praperty.
I have read this Waiver and Release and fully understand its terms and conditions. I have not
been infiuenced in any extent whatsoev�r by any representatian or statements not contain�d in
this Agreement. I hereby acknowledge that this Wai�Er and Release is given in consideration of
Signature Date
Witness
18
�`i� of'�'ort Wor°�h9 T'exa,�
���r �rr�� ��u�tc�( �,a�,�c�����t���
DATE REF'EF2ENC� NUMB�R LOG NAM� PAGE
91�4IO2 ���0192�g 52COLLECT 1 of 2
suB�ECT INTER�OCAL AGREEME[VT5 WITH VARIOUS MUNICIPAL.ITIES �4R
PARTICIPATION AT THE ENVIRONMENTAL COLLECTI4N CENTER
RECOMMENDATI�N:
li i� recommended tt�at th� Ci#y Cauncil authorize the City Manager to execute interlocal agreements
with uarious municipalitieslentities for participation at the En�ironmental Collectio� Center.
❑ISCUSSION:
The City's Environmental Collectios� Center is now ir� its sixth year af operation collecting household
haaarda�as waste from the citizens of Fort Wo�th and surrounding cammuni#ies on a year round basis.
!n order for non-Fort Worth citizens to participate at the Ertvironmental Collecfion Center, each
municipality is required to enter into an interlocal agreement with the Ci#y of Fort Worth.
The rate per household for the periad co�ered by these agr�ements (October 1, 2Qa2 through
September 30, 20a3) is $5QA0. The decrease in the rate is due to receipt of a grant from the Narth
Central Texas Gouncil of Governments that wiil provide $15D,00� for disposal costs during FY20q2-
�003. lt is ar�ticipated that approximately $420,000 wiil be collected under these agreements_ During
FY2Q0"�-2��2 twenty-six area cammunities srgned participation agreements with the City of Fort Warth.
For the upcoming year we expect all af those communities to participate and h�ve had interest
expressed by six others.
Tf�is agree�ent outlines the responsibilities of each party, establishes fhe rate for participat'ron, and
delineat�s the usage of service marl�ed, public education material. The City of Fort Worth is
responsible for over�ll operation of the En�ironmental Collection Center including con#racting with a
hazardous waste disposal company for transparta#ion and disposal of materials colfectec�. The
following entities �a►►e expressed an interest (�`) or are expected ta cammit to participatian for the period
Oc#ober 1, 2aQ2 through September 30, �003:
Arlington
Benbrook
Cleburne
E�less
Haltam City
Kenneda�e�`
North Richla�d Hills
Roano�e*
Stephenr►ille
Upper Trinity Regional Water District
W�ite Settlemenf�'
Azle
Burlesan
Colleyville
Grand Prairie
Hurst
Mansfield
Richland Hills
5aginaw
Trophy Club�
Vent�s
Willaw Par�#
Bedford
Cedar Hill
Everman�`
Grapevine
�e�ler
Newafk
River Oa�s
Southiake
Un-incorporated Tarrant County
Watauga
�'ity of �o�i �o�t�i, T'eacas
���r �,�� ��u�r��l ���m�rr�c�t��n
DATE REFER�NCE NUMBER L.OG NAME PAGE
9124/02 **��19��� 52CO�LECT 2 of 2
SUBJ�CT INTERLOCAL, AGREEMENTS WITH VARIOUS MUNiCIPALITIES FOR
PARTfCIPATION AT THE ENVIRONMENTAL. C�L�ECTION CENTER
FISCA� INFORMATIOf�ICERTIFICATION: �
The Finance Director certifies t#�at the Environmental Management Departme�t will be responsible for ;
the collectiort of funds due under these agreements.
�.W:n
Sabmitted for City Manager's I FUND I ACCOUNT � �EN'�ER I AMOUNT CTTY SECRETARY
Offce hy: I (ta)
� R1d3 488220 D521100
Libby Wakson 61$3
Origenating Department Head:
�
Brian Bo�rncr 8079 �(from) � APPROVBD 9/24/42
Additiona{ Information Contact: � I
� �
Briau Baerner SQ79 � �