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[NTERLOCAL AGREEMENT F�R PARTiCIPATION 1N �'C7RT VIIORTH'S
ENVIRONMENTAL COLLECT�ON CENTER
HOfJS�H�LD HAZAR�OUS WASTE PROGRAM
TH1S AGREEMENT is entered into by and between the City �f Fort Warth, Texas, a home-rule
munici}�a( corporation situafied in Tarrant and Denton Counties, Texas, nereinafter calfed "Fort
Worth," acting herei� by and through Libby Watsan, its d�ly authoriz�d Assistant City Manager,
and the Citv of Sa�inaw a municipality situat�d in Tarrant , Texas,
hereina#ter called "Participating City," act�ng herein by and througt� Frankie Robbins its tluly
autharized Mavar •
WITNESSETH
WHEREAS, Texas Goverr�ment Code, Chapter 791, authoriz�s the form�fation of interfacal
cnoperatior� agreemer�ts befween and among focal gov�rnments; and
WHEREAS, Texas Gavernmen� Code, §791.011 pravides that a Eocal governme�i may contract
with another to perform governmental functians and services, and §791,�Q3(3)(H) defines waste
disposa! as a governrnenta] function and service; and
WHEREAS, Texas Government Code, §791.Q25 provides that a local government may agree
with anoiher lacal govarnment to purchase services; and
INHEREAS, Fort Worth and Pariicipating Gity desire to enter into an interiocal agreemerit
whereby Fort Worih wiil purchase the services of a waste dis�osallrecycling firm or frms and
will administer a househald hazardo�s waste collectian program; and
WHEREAS, For� Worth and Participaiing City mufually desir� to be subject to tf�� provisians of
Texas Government Cade, Chap�sr 79�, also known as the Interlocal Cooperation Act.
NOW TWERE�OR�, it is agreed as follows:
1.
DEFINITfaNS
A. Unless a provision in this Agreement explicitly states othervtiriss, the following terms and
ph�ases, as used in this Agreement, sF�a�l f�ave the meanings hereinaft�r designated.
Act of God means an act occasioned by #he direct, immediate, and exclusive operation
of the forces of nature, unconirolled or uninfluenced by the power of F�umans and without
human intarvention.
BEII ofi Ladinq lists the contents of tF�e mabile collection unit.
En�ironmenta� Collection Center IECC) means the City of Fart Wor�h Department af
Enviranmental Management facility located at 64a0 Bridge Street, Fork Worth, Texas,
which is to be used by Fori Worth for the aggregation of household t�.a���c�ous wastes
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#hat ha�e been brought to the facility by participating cifies' households for subseqUent
recycking, dispasal, andlor reuse.
Environmental damaaes means a11 claims, judgments, damages, Iosses, penal#ies, fines,
liabilities (including strict lia6iliiy), encumbrances, liens, costs, ar�d expenses of
investigation and defense of any claim, wheti�er or not such claim is ult[mately defeated,
and of any good fa�th settlement or judgment, of whate�er kind or nature, contingent or
otherwise, matu�ed or unmatured, foreseeable or unforeseeabfe, incfuding without
limitatian reasonable at�orney"s fees a�d dis�urs�ments and consultant's fees, any of
vwhich are incurred subsequent to the exec�tion of this Agreement as a result af the
handling, callection, transportat9on, storage, dispasal, treatment, recovery, andlar reuse
of waste pursuant to this Agreement, or the exist�r�ce of a �iola#ion of en�ironmental
requirements pertaining to same, and including without limitation:
(a) �amages for personal injury and death, ar injury ta property or natural resaurces;
(b) �ees incu�red for the services of aftorneys, consultants, cantractors, experfs,
laborataries and al� other costs incurred in connection with ti�e investi�ation or
remediation of such wastes or violatian af environmental requir.ements including,
but not limited to, the prepara#ion af any feasibility st�dies or r�ports or th�
performance of any cleanup, reme�iation, removal, response, abatement,
containmenf, closure, restoration or monitoring work required by any federal,
state or iacal gavernmental agency or political subdivision, or otherwise
expended in connection with the existence of such wast�s or �iolations of
enviranmental requirements, and including withaut limitation any attorney's fees,
costs and expenses incurred in enforcing this Agreement or coll�eting any sums
due here�nder; and
(c) Liability to any third persnn or governmental agency to indemnify such person or
agency for costs expen�ed in connectian with the items referer�ced in
su�paragraph (b) herein.
Environmental reauirements means all app[icable pres�nt and future statutes,
regulations, rules, ardinances, codes, licenses, permiis, orders, approvals, �lans,
authorizations, concessions, francFtises, and similar items, of al! gavernmental agencies,
departments, comrr3issions, boards, bureaus, or inst�umentalities of the United States,
stai�s, and �olitical subdivisio�ns thereof an� a!I applicab�e judicial, adminis#rati�e, and
regula#ory d�crees, judgments, and nrders relating to the protection of human health or
the environment, [ncluding without Iimitation:
(a) All requirements, including but not limited ta those pertaining to reporfing,
licensir�g, permitting, investigation, and remediation of Emissions, discharges,
releases, ar t�reatened releases of hazardous materials, pollutar�ts,
cnntaminants, or hazardous ar toxic substances, materials, or wastes wh�ther
sa[id, li�uid, or gaseaus in nature, into the air, surfac� water, groundwater, storm
water, or land, ar relating to the manufacture, processing, dis#ribution, use,
treatment, storage, dispasal, tran5par�, or handling of poliutants, contaminan#s, or
hazardous ar taxic substances, mate�ials, or wastes, whether solid, Eiquid, or
gaseous in nature; and
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{b} All requirements p�r#aining ta the protection of the heaith and safety of
employees vr the public.
Farce maieure means decrees a# or restraints by a gov�mmenta[ instrumentality, acts of
God, wark stoppages due to labor disputes or strikes, failure of Fort Worth's
contractor{s) to perform �ursuant to their agreements witn Fart Warth far the conduct af
the coflect9on ofi ho�senald hazardous waste, fires, expi�sions, epidemics, riots, war,
rebellion, and sabotage.
Household hazardc►us waste (HHW) m�ar�s any solid waste generate� in � household by
a consumer which, exce�t for the excEusion provided for in 40 CFR § 261.4(b}(1), would
be classifi�d as a hazardous wasie under �40 GFR Part 261,
Manifest means the un�f4�m hazardous waste manifest form(s) furnished by the TNRCC
to accompany si�ipments ofi municipal hazardaus waste ar Class 1 industrial salid waste
for waste transported to a site in Texas, ar the. comparable manifest �f the rece9ving
state if the waste is trans�orted aut of Texas.
Mobile collection event means a hausehald hazardous waste co[lection event �y
Participating City utilizing a mobiE� collection unit.
�o�t Worfh Mobile collection unit (MCU) means a non-seff �rop�lEed vehicl� used far the
periodic coflecfinn of househalci hazardous waste by Participating City, af�-sit� of ihe
ECC, whict� is transported to tF�e �CC to dispose o# the househflld hazardaus waste
collected at the mabile collection event. The Fort Warth Mobile Collectian Unit is
designed to hold the hazardous waste of approximately 50 to 75 households.
Partici�atina Cities, wf�en used in the plural, means Fort Worth, Participating City, and all
ot�er entities which have entered into interlocal agreemer�ts wifh Fort Warth for fhe �CC
hausehold hazardaus waste coilectior� program.
Person m�ans an individ�aal, carparation, arganization, government, or govemmental
su�division ar agency, business trust, partners�ip, assac9ation, or any ofher legal entity.
Waste has the same meaning as "sol�d waste" as tt�at term is defined i� Texas Health
and Safeiy Code §361.003, a�d including hazardous substances.
B. Unl�ss a provision in ihis Agreement explicitly states otherwise, the followin�
abbreviations, as used in this Agr�ement, shall hav� the meanin�s h�reinaffer
designated.
CERCLA - Compreh�nsive Environmental Response, Comp�nsation, and Liabil'tty Act.
CPR - cardiop�lmonary resusci#ation.
DOT - �nited States Department of Transportatior�.
ECC - En�iranmental Calfection Center.
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EPA - Uni�ed S#ates Environmental Protection Agency.
HAZCAT - hazardous categarization.
HAZWOPER - F�azardo�s waste aperations and emergency response.
HM - hazardous materials.
HHW - household hazardous waste.
MGU - Mobile Ca�lectian Unit.
2.
PURP�SE
The purpose of tF�is interlocal agreement (hereafter "Agreement"} is the provisior� of services hy
Fort Worth ta Participating City whereby, subject to the terms and conditions specified below,
Fort Worth will administer and supervise a regional househald hazardous waste coflect9on
program, which will be availa�le to households wit�in Participa#ing City.
3.
TERM
This Agreement shall 6e effeciive from the date #he iast parfy has signed this agreemer�t
thraugh September 30, 2Q03.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City in cannec#ion with the
ECC househal� hazardaus waste collection pragram:
A. F'ort Warth will administer a regional hausehald hezardous waste collection program.
This program will include the operation af the �nvironmental Coilection Center, which
will acc�pt for disposal andlor r�cycling hausehold hazardous waste from hausehalds
lacated within Pariicipa#ing City. Fort Warih shall nak accept compressed flammable gas
containers; radioactive mat�rials; exp�osives or potential[y snock sensitive materials;
biological, atiologic, and infectious materia�s; wastes from busir�esses; and ar�y other
wastes that Fort Worth has determined are �naceeptable.
B. �ort Worth w�ll employ ar retain personnel io provide the services necessary to perform
Fort Worth's abligations in this Agreem�ni.
C. Fort WorEh will enter into a cantract(s) with waste disposallrecycfing firm(s) for the
handling, coll�ction, transportation, storage, disposa�, treatment, recovery, andlor reuse
of househald hazardous waste, which is collected at the ECC.
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D. Fort Worth will, if requested in writing by Participating City, provide Par#icipating City with
copies of waste manifests fo� sl�ipments of waste from the ECC.
E, Far� Worth will, if requested in writing by Participating City, provide Participating City a
monthly repor# of the Participating Ciiy's households who disposed of housahold
hazardous waste at the En�ironmen#al Colfection C�nter or a Mabile Coilection Event.
F. Fort Warth will issue a repart ar�d a bill at the end of each quar�er detailing the number of
Participating City's households that disposed of househald hazardous waste at tF�e
Environmer�tal Collection Center ar at a mobile collectifln event.
G. Fort Wnrth will act under this Agreem�nt in accardance with all applicabl� state and
federal laws.
H. Non-Fori Worth Mobile Collection Unit
1. For# Worth agress ta accept household F�azardous waste from Participating Ciiy's
MCU in accordance with Sectfan 5, of this agreement.
2. . Fort W�rth agrees ta restocis the items it removes from Par�icipating City's MCII,
however, Fort Worth shall only restock items listed in Exhibif "A", attached and
incorporaied herein as if s�i forth.
Mabile Colfectian Events —Usina Fort Worth's Unit
1. If Participating City would like to scheciule a mobile colleCtion event with
tt�e �ort Worth Mabile CoUection Unit, �ort Warth will send Participating
City a list af available dates. Participating Gity will cantact Fort Worth as
soon as possible to schedule the date, tim� and Iocatior� agreeable to
bath par�ies.
{a) Location
If Par�icipating City chooses ta i�flld the Mabile Collection Event on
pri�ate pro�erty, Participating Cif�r shall obtain a s9gned v�aiver
from the owner of t�e property 'E week prior #a tF�e event. The
waiver shall be in the form of Exhibit B or similar farm appraved by
Fort Worth. The signed wai�er must be ser�t to F�rt Worth 1 week
before the Mobile Collection Event. lf the signed waiver is not sent
to Fort Worth � week before the Mobile Cailection Event, Fart
Vllarth will nat send ihe �ort Workh Mobile Collectian Ur�it ta tFte
event and Participating City will, in na event, be �n#itled to any
damages of recovery of any costs, except as pr�vided herein.
{b} Available Dates
Participating City acknowledg�s that Fort Worfh contracts witF�
other municipali#ies and that Fort Worth will be accommodating
each Participating Ciiy's request on a first come firsi served basis.
Therefiore, Pariicipating City acicnowledges thai its chosen date to
schedule a mabile eollection event may be reser�ed by another
City and Participating City will have to ci�oose anothe� date.
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Par�icipafi�g City will, in r�o event, be e�titled io any damages or
recdvary of any costs, except as provided herein.
2. At the Mnbile Collec#ion E��r�t, Participating Cify acknowledges and agrees that
Fort War#h shal! accept househnld hazardous waste fram the �irst 50 hauseF�olds
that show proaf of residency at the Mobile Col[ection Event. After the first 50
households, Fori WoriF� wi[I deiermine in its sale discretion how much more
waste it can accept and s#ora properly, lf more households ar�i�e at the event
#han �ort Wo�th can acce�t, Participating City wili in no event be entitled to any
damage of recovery of arty costs, except as provided herein.
3, Due to tf�e lack of storage space at the ECC, Participating City ackn�wledges
and agrees #hat if it req�aes#s the F'ort Worth Mobile Coll�ction Unit at a mobile
collection e�ent, a Participating City's Non-�ort Worth Mobile Collection lJnit shall
not also be at the �vent.
4. City, in its sole discretion, will determine whcther to send th� Fort Worth Mobile
Colfection Unit to I'articipating City's Collectian E��nt during adverse weather or
th� tF�reat of adverse weather including but not limited to sl��t, snow, rain, mist or
haiL In the event Fort Warth determines nat to send the Fort Worth Mobile
Collectian Unit, Fo�t Worfh shal[ notify persans listed in Secfian 5, Paragraph A
and shaf� send a�ort Warth employee to the Participating City's event to tell any
residents that carr�e fo dispvse of household hazardous waste; �) that the Fort
Worth Mo�ile Collection �ntt will not 6e coming ta the ev�nt, and, 2) that tF�e
resident can go to the ECC to dispose of the waste and provide a map to the
ECC.
5.
DIJTI�S OF PARTICIPATING C1TY
Partici�atir�g City agrees ta perform the folfowing dut9es fn connection wifn the hflusehold
hazardous waste coilection program:
A. Participating City will designate one of its employees, and another as an alternat�, to act
as its h�usehold hazardous waste coll�ction caardinatar to interact with �ort Worth.
Designated person is; Bob Harvey telephone number; �i7--232-464�
Pager number or 24-hour numb�r where he or she can be reached: 817-232-Q311
Alternate person is Dolph ,Iohnson telephone n�mber: �17--232-4640
F'ager �umber or 24-haur number where he or she can be reached; $��-z32-o311
B. Participa#ing City will coordinate and fUnd alE program ad�eriising ta�geted to its own
citizens, as it deems necessary. Such ad�ertising shall include the type of wastes that
will be acce�ted at the ECC, th� requirement of proaf of residency and weaiher
cancellation information.
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C. Partici�ating C9ty shall notify its residents af the ECC hours of operation and dates it is
closed as provided in Sectior� 9"The Environmenta! Collection Center Hours of
O�eration."
D. Part9cipafing City may choose to �tilize a �oucher system far its residents in vrder for
them to bri�g HHW to t�e ECC. If Participating City cho�s�s to use such a system, it
shall nfltify F'ort Worth of the decision, and shal[ provide Fort Worth with a cflpy of the
afficial vaucher. In addition, if a citizen from a Participating City that utilizes a vaucher
systern cames to tF�e ECC or a mobile collect9an event witt�aut a vo�cher, Park9�ipating
City acknowledges and agraes that Fort Warth will nat acc�pt the household hazardaus
waste until Participating City authorizes the acceptance in writing.
E. Participating City may submif a written request for a monthly report listing the numb�r of
iis city's h�useholds that ha�e dis�osed of ho�sehold hazardflus waste at th� ECC or a
mobile collection �vent.
F'. Participating City shall provide tTaffic control and sig�age far the mobile co[lection
�vents, and shall provide personnel to assist �ort Wor�h witf� the survey and screening
of per.sons dropping aff household hazardous waste. The parties prior.to the event shall
agree upon the details of the traffic contraf, signage, and persannel assistance.
G. ParticiQatina Citv's Mabile Collection Uniks Collectina Househo[d Hazardous Waste,
Parkicipating City sha1C advise the ECC program manager at least 72 hours in
advance of its mobile collaciion ever�ts. Participating City shall coilect aniy HHW
during a mobile coilectian event. Wastes from commercial, agricultural, an�
indus#rial sources shail not be accepted. Pariicipati�g City shail not accept
compressed f{ammable gas containers; radioacti�e materials; explosives or
potentially shock sensitive mat�riaEs; biological, etiologic, and infectious
materia�s; and any okher wastes that �ort Worth has determined are
unacceptable.
2. In accordance with the latest DOT requir�ment�, Partieipating City's MCU
operators will praperly categarize, package, mark, label, and load into the MCU,
all wastes received at the mobile callectian event. RecyclaE�le products (used ail,
used oi1 filters, fatex pa9nt, recyclable ar�ti-freeze, Isad-acid batteries, and
fluorescent lights} will be segregated into cantainers for recycla6les.
3. After accepting wastes, Participating City's MCU operators shall thoroughly
check each contain�r fnr praper labeling and identification. If a container is
prope�iy identified, the material will be segregated according to hazard class an�
�repared for packaging. lf a container do�s noi t�ave adequate labefing ta permit
identification, the MCU operators shafl then attempt to identify the material f�om
its physicaf characteristics using HAZCAT ana�ysis and firom information pro�ided
by the housei�old presenting fF�e waste.
4. The Participating City's MCU operators shall pacicage all Mazardous materials in
accardance wifh United Sta#es Department of Transportafion (DOT)
requirements, Unifed States Environmental Protection Agency (EPA)
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requirements, and all other a�plicable federal and state requirements. After aIl
the wasfies have beer� properly identified and segregated, the MCU operators will
reexamine the wastes for campatibility, list them on tne cantainer conteni sheets,
ar�d pack ti�em into drums. Oi�-based paints and latex pain#s s�a1f be b�lk�d
separately in 55-gallon drums, ar if the pairtt is left in its container, the paint can
be packed in a lin�d cubic yard box, and paciced and labeled according to federa!
and state regu�ations. Par�icipating City snall not transpart waste that is nof HHW
to f�e ECC. Partici�ating City agre�s to make its ow� arrangements to dispose of
any r�on-HHW waste co�iected at the event.
5. Prior to transporking the HHW fr�m the collection event site(s), Par#icipating City's
MCU operators shalf compiete a BiII of Lading, and shalE kee� the Bill of Lading
in the cab of the truc�C hauling the MCU during transporia#ion at the HHW to the
ECC. F'articipating City shall require that a minimum of ane copy of the latest
Nor�h American Emergency Responsa Guidebook be kept within ihe cab of the
tru ck.
6. Durir�g trans�ortatian, Participating City's MCU operators shall placard th� MCU
far transpartation af hazardous waste in accordance with federal.and sta#e law.
7. Upan the return of the MCU to the ECC, Participating City's MCU flperatars shall
fallow the instructions o�F Fort Worth regarding the placement of the MCU for
unlaading. Fort Worth shall take passession af the MCU from Participating City
after #he MCU has �een properly �arked for unloading in accordance with �ort
Worth's instructians and al1 required documents have been delivered ta the ECC
program manager or his designee at the ECC. Fort V�JortY� sY�al[, wifhin a
reasona�l� amount of time, unlnad the HHW from the non-Fort Warth MCU and
store the HHW at the ECC.
8. If Fort Worth, in its sole discre#ion, determines that Partic�pating City's MCU
operators improperly packaged any of the HHW delivered ta tne ECC, �art Warth
shalE repackage such waste, and Participating City shall reimburse Far� Warth as
set forth in Section 10., �aragraph B.
9. If a spiil occurs at the ECC while the MCU is stiil in Participaiir�g City's
possession, Fort Worth shalf tak� control of the spill response and E'articipating
City will reimburse Fort Worth for its response costs as set fortl� in Section �0.,
Paragra�h C.
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11SE OF WASTE DISPOSALlR�CYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fart Wartn will �nter in#o a contract(s} with waste disposa�lrecyding f�rm(s} for the
handling, co[lection, transpartation, storag�, disposal, treatment, recovery, and/or reuse
of ho�seho�d hazardo�s waste, which is coflected at the ECG.
B. Such firm(s} shall be required purs�ant ta the cantract(s) ta assume generator statu5 for
th� waste collected, (excluding used oil, lead-acid batteries and aniifreeze) to chaose a
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disposal site for the waste subject to Fort Worih's appro�al, and to indemnify For�.Worth
and participating cities against any and a11 environmental damagas and the vialation of
at�y and al[ environmental requirements resulting frQm the handling, coflection,
transportation, storage, disposa[, treatment, recovery, andlor tecycli�g of waste collected
pursuar�t ta this ag�eement, when said �nviro�mental damages or the vialatian of said
environmenfal req�irements was the result of any act or omission �of contractor, i#s
officers, agents, emplayees, or subcontractors, or the jaint act or omission of contractor,
its officers, agents, emplayees, ar subcontractors a�d any other person or entity.
C. Yk� �ARiI�S R�COGNIZ� YHAi ALi�1�UC�H T'HE �IR1VQ (S) 1�lL� �� R�QIJIR��3
i0 �,SSLIi�� GEN�RA�O� SiATUS, iH1S �►�SUIV9�'TION 1aVILL NOT ��LIEV�
�A�YICI�A�INC C17Y OF �IA�1�IiY i�OR THE WA57�� UN��R ����RAL �AW
1�P1D S'i�►T'� ��W. Fort Worth will arrange far recycling vendors for used oi[, batteries,
antifireeze, and oth�r mater9als, as it deems apprapriate.
7.
REUSE OF C�LLECTED MATERIALS
A. From time-ta-time F'ort WortF� will make availab�e t� residents and b�sinesses of Fort
Warkh, as wela as, Parficipating City and residents and husinesses o# Participating C�ty
for their use, collected ho�seho[d hazardous waste ma�erials that are su�table far reuse,
such as paint, fertilizer, motor oil, and antifreeze. For� WortF� shaEl not charge for any
materials that are picf�ed up for reuse.
B. Some materials rr�ade avaifable for reuse may have been consalida'ted and filter�d by
Fort Wor#h prior to being made availabfe. Used antifreeze will have been consolidated in
a barTel, filtered, and pH balanced, and n�w antifreeze may ha�e been added to the
barreE.
C. In regards ta maierials acce�ted by Participating City, ��Ri ViIOR�H A1iA,Crt�S R!�
R�PR�S�NiATIONS, WARRANi[�S OR CUA�4fVTi�S iH��: �
1. the container contents are whaf the labeE indicates;
2. the container conten#s are thase originally placed in#o the cor�iainer by th�
manufactur�r;
3. khe pro�uct is of the quality iniended for its use;
4. the contents af tF�e container have been s#ored properly;
5. the instructions on the container la�el for use, starage, and first aid are current or
correct;
6. the container is ir� unimpaired eondition;
7. . the product is still approved for use �i.e., it has not been banned or recalled}; and
8. the product can be used without risk to �ersons, praperty ar the en�ironment.
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FURiM�RMQR�, E�LL WARF�APITIES, EXPR€5S AfVD IMPLIED, AR�
S��CI�'1CAL�L.Y D�NI��I.
D. Participating Ci#y shall contact tF�e ECC pragram manager to arrange a pickup time to
obiain mat�rials. Participating City agrees that it shall nat return ta Fo�t Wortn, directfy or
indirectly, any materiafs it obtains from �'ort WarEh under this paragraph.
E. IN REGARDS i0 NiATERIA�S ACCEPi�D BY PAF�TICIPATING CIYY,
L��►RiIClF'�.iING CfYY �O€S H�R��Y 'IdV,41V� A1�L CLE�IMS, [NCLl1DIfVG
PRODUC`TS L1�4�1�liY CLAIFV[S, AN� R�LFASES, AI�d� H0�9S bARI4qLESS Y}�i�
�I�Y OF �'�F�i W�RTH, /�N❑ ALL OF I�S O��IC1/��5, OFFIC���, �NY���Y��S,
�►G�NiS, �►iVD VOLUMT��RS, IN �OiH TH�IR �u�Lrc AAIb PRIIl�►Y�
CAPACITIES, FROM APlY AN� �1��. LIA�ILIYY, C�AI{VIS, SUIiS, �]�iVVAN�S,
�XP�NS�S O�' �.ITIGATION, OR CAUS�S O� ACT[ON WHECFi Ih�AY AF7lS� �Y
R�ASON OF INJIJ�Y i0 P�f�SOPIS, L�SS OF �R��'�RTY, DAIINAC� i0
PFtOPERTY, OR LOSS O� U5� �F ANY �ROP�RiY , OCCASION�� BY THE
�'RAiVSPORTATiON, SiORAGE, FiAN�}l,1NG, US�, A�ID D15P�SAL �Y
PARTiCIPAiIN� C1TY D� A{VY 14lII�►TERIALS ACC�PYED BY P�IRTICIPAYIhiC CITY
UfVDER TFi1S AGR��F1lP�Ni FR4M FORi W�RiI�,
F. In regards to materials accepted by residents or businesses of Participatin� Cities,
F�RT WORTH IwAK�S NO R�PR�SENiAYlONS, WARR�4NiI�5 O� �UAF7AMiI�S
TH�►Y;
1. the cantainer cantents are what the label indicates;
2. the container contents are those originaily placed into t�e container by ihe
manufacturer;
3. the product is of the quality i�tended far its use;
4. the cor�tents af the container have been stored properly;
5. the instructions an the contain�r Iabel for Use, storage, and first aid are current or
carrect;
6. the container is in unimpaired condition;
7. the �raduct is still approved for use {i,e., �t has not been banned or recalled); and
8. the product can be used without risk fa persons, property or the environment.
�URTH�RIVIOR�, ALL 11VAandRlTI�S, �XPRE55 AN� 1f4�PLI�D, �R�
SPECI�IC�,�.�Y ��NI�D.
G. Participating City shall attempt to inform its residents and businesses that if they go to
the Environmental Collection Center ta pick up household hazardous waste for re�se, a
release of liability must be signed to accep# the househald hazardous waste for reuse.
�o
8.
RIGHT TO REFtJSE WASTE
Participating City agrees #hat Fort Worth shall have the right to refuse to accept waste at the
ECC from Participa�ing Ci#y's resident and ta eject such individual from the prami�es of the
EGC, if in the reasonable judgment af Fort Worth:
A. The waste is not f�ousehold hazardous wast�;
6. T�e waste fails #o meet other established criteria esta�lished by this Agreement, or that
have been establEshed by Fart Wor#h subsequent to the execution of the Agreement;
C. Th� individual does not have sufficient identi�caiian #o establish that helshe is in fact a
resident of Partici�at9ng City;
D. Participating Ci#y has implemented a �oucher system for its residents to dis�ose of
waste, and ihe individ�al daes not have a valid vaucher; or .
E. The waste or #he individual presents a hazard tQ the ECC or to persons or pr�perty at
the ECC.
9.
�NVIRONMENTAL COLL�CTlON CENTER HOURS AND DAYS
�� OPERATION
A. Hours of �peration
D�ring the te�m af the agreement, the ECC's hours of operatian are as follaws:
Thursday and �riday 11 :00 a.m. -7:�0 p.m.
Saturday 9:Q0 a.m. -3:00 p.m.
B. Days the Environmental Collecfion Centar will be closed
During t�e term of t�e agreement, the ECC will 6e closed an the following days:
Thanksgiving Holiday, No�ember 28 -29, 2002
Christrnas Holiday, December 25, 20Q2
.lanuary �, 2003 through January O8, 20a3, for cleanup and repairs
M.L.K. Day January 20, 2Q03
Memarial Day, May 26, 2a�3
Independence Day, Ju1y 4, 2003
Labor Day, Sepiember 1, 2003
C. Not�fying Resid�nts
Participating City agrees fio notify its rasiden#s ai the ECCs hours of aperatian and dates it will
be cfased. Participating City may advertise the 24-hour En�ironmental Collection Center
1 � ,.'�i '
,. �
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.,..,...«..d
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telephone number ta gi�e ifs residents the Envirnnmenfia[ Collectio� Center's haurs. TF�e
number is: (817) 87�-5257. �
10.
COMPENSATION
As fair compensation for the services pro�ided by Fort Wortn pursuant to this agreement:
A. Participating City agrees to pay Fort WortF� tf�e sum of $�0.00 per F�ouse�ald per visit to
the ECC or per housel�old for participation in a Mabile Collectifln E�ent to dispose of
household hazardous waste.
B. lf �ort Wo�th determines that Par�icipating City's MCU operatars impraperly packaged
any of fhe HHW delivered to the ECC, Fort Worth shal[ rapackage such waste, and
Partici�ating City shaff reimburse Fart Worth for it staff time at $2q.aQ an hour and the
cost of supplies.
C, Ef a spill acc�rs at the ECC while the Non- Fa�t Wor�h MGU is still ir� Participating City's
passession, F'ort Warth shafl take cantral of tf�e spi�l response and Participating City will
reimburse �ort Worth for its response costs of $BO.DO per hour staff time and tne cost of
supplies.
D. The amount due fo Fort Warth for services provided under this Secfion, Paragraphs A,
B, and C, shall be biiled to Participating City qt�arterly. Participating City shall pay Fort
Worth within 30 days of receiving a bill from Fart WorEh. lf Fort Worth does not receive
payment within 30 days, Fort Wartn shalf inform Participating City in writing that if will not
accept any househald hazardous waste fr�m Participa#ing City's residents and that Fort
Worth will no� participat� in a mobile collectian event ar provide a mobile collecfion unii
unfil paid.
E. Ai the end of the term af tf�is Agreement, Fort Worth shail provide a final accounting to
Participating City, whicF� will include the total number of F'articipating City's hauseholds
which participated in the program, repackaging fees, if any, and the #ota� cost of s�ill
r�sponse cl�argetE to Par#icipaiing City, if any.
F, Pursuan# to the requirements of Gavernment Co�e §791.011 (a)(3), the amount due to
Fort Worth under Subparagraph D. abave shall be pa9d from rev�nues currently
available #o Participating City 9n the preser�t fiscal year.
12
13.
ARTWORK, "CAPTAIN CRIJD AND TH� CRUDDIES," AND PROMOTIONAL MATERIALS
I.ICENSE AGREEMENT
Fort Wor�h is the ow�er of "Captairi Grud" and the Crudcfi�s ("��oomer," "Otto," "Pestie,
"'Scrub,"' and "Van �ao") "Conquerr Yaur Crud," and "Crud Cruis�r", anci therefore al[
ownership rights belong to Fort Worth. Fort Warth has registered tF�ese marks as servic� marks
with t�e Secretary of Sfate.
A. Fort Wflrth hereby grants to Participating Ci#y a non-transferable, non-exclusive license
to use all the artwor�C and promotionai materials ti�at may be pro�ided by Fort Worth to
be used soleEy in the conduct of the business of Partici�afing Cify's disposa� and
recycling of household hazardous waste pragrams. If Participating City wishes to use ta
Licensed Art andlor I'romotional Materials in other limited situa�ions, Participating City
must first �btain express written consent from �ort Warti�.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City
pursuant to the terms of this Agreement. Pariicipating City acknowledges that by vir��e
of this.�.icense, Participating City acq�ires only ths right to use the original and permitt�d
duplicate capies of the Licensed Artwork and Pramotianai MatariaEs and does not
acquire any rights of ownership in i�te Licensed Artwork and Pramotional Mat�rials,
which rights shall remain exclus[vely with �ort Worth. a# Participating City wants to modify
or chang� the arlwork andlar promotianal rr�aterials in any manner, Participating City
F�ereby agrees to contact Fort Worth in writing ta obtain written consent before modifying
or cha�ging any artwork andlar promotional mat�rials.
C. kf Parkicipating City desires an actor to portray "Captain Crud" for an event, Partici�aiing
City shaEl use actors approved by Fort War�F� to por�ray "'Captain Crud" since "Captain
Crud" is owned by �'ort Wort�. Participating City shall be sofely respans�ble for
campensating actor far the services provided to Participating City. Participating City wi11
contact Fo�t Wo�th as soon as possible witY� the dat� and time of the eve�t agreeable t�
bath parties to obtain approval far the chosen actor and to request and pickup t�e
"Gaptain Cr�d" castume for its events. Fort Worth will �rovide the "Captain Crud"
costu�me. However, Participating City agrees to be iia�l� to Fort Worth far any damage to
the costume or if Participating City fails to returr� the entire castume to Fart Wor�h or if
the costume is not returned in the same condition as received.
12.
IMMUNITY
It is express[y understaod and agreed that, in the ex�cutian of this Agreement, none af the
participating cities waiv�s, nor sha11 be hereby deemed to waive, any immunity or defense that
would vtherwise be available to it against claims arising in the exereise of governmental pawers
and functions, and tE�at the services described in this Agreement are a governmental function.
13
�.. , �
13.
FORCE MAJEURE
A delay or failur� of For� Worth to per�orm services pursuant to this Agreernent shal� be excused
ta tna exter�t that the delay or faiiure ta perFarm res�lted from a force maje�tre event, and th�
delay or faifure was �eyond the contra[ of �nrt Worti� and not due to its fauft or negligence.
Participatin� City shall not have, and hereby wai�es, any claim w�ate�er for any damages
resulting from delays or failure to perform caused by a force maj�ure event.
14.
TERM[NATION
The parties s�alf each have the rigF�t ta terminate the Agreement far any reason, with or withaut
cause, upan thirty (30) days written notice #o the other party. Upan terminatio�, th� parties shall
be rel�ased from all contractual obligations to the ot�er party excluding "US� �F VVASTE
DISf'OSALIRECYCE.fNG FlRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
"REUSE O� COLLECTE� -MATERfALS" (Paragraph 7) and "ARTWORK, "CAPTAEN CRUD
AND THE CRIJDDlES," AND PROMOTIONAL MATERIA�S L.IC�NS� AGREEMENT'
(Paragraph 19 ). �
15,
N�TICE
Any natices required to be given under this Agreement shall be delivered as follows:
If to Fort War#h:
Brian Boerner, CHMM, Dir�ctor
Department of Environmental Management
City af Fort Worth .
� 000 Throckrnartan
Fart Wor�h, Texas 76102
]f to Participatina Citv:
Ao�.ph Johnson, Asst. Ca.ty Manager
City of Saginaw, Texas
P.Q. Box 79070
Saginaw, '�exas 76i79
i$.
�NTIRETY
This Agreement contains all commitments and Agreements af the par�ies hereto, and no other
araf or written commifinents st�all have any force ar effect if �ot contained herein, except that
this Agreernent can be amended or modified �y the parties if such amendment or mndification is
in writing and sign�d by Participa�ing City and For� Worth.
14
17.
SEVERABILITY
In ihe event ar�yane or more of the provisions contained 'tn this Agreement snall for any reason
be held to 6e invalid, illegaf, or unenforc�able in any respect, such in�alidity, i�kegality, ar
unenforcea�ility shall nat affect any ather provision thereof and this Agreement shal! be
construed as if such in�alid, iIlegal, or unenforceable provisions had ne�er been contained
herein.
� S.
VENUE
Shauld any actian, rea! or asserted, at law or in equity, arise o�t of the terms and conditions of
this Agreement, venue for said actian shafl be in Tarrant County, Texas.
19.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interloca! Agreement,
pursuant to Texas Gav��nment Code, Chapter 791.
20.
AUTH4RIZATION
The undersigned officers andlor agents of the parties h�reto are praperly aufhoriz�d o�cials
and f�ave the necessary autharity to execute this Agreement on behalf of the parties hereio, and
each pariy h�reby certifies to the other that any necessary resolutions exter�ding such autharity
have been d�ly passed and are now ir� 'full force and effect.
'E 5
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EXECUTE� W TRIPLICAT�
CfTY OF FORT WOR7H
.,
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Li�Watsa�
Assistant City M�na�er
Date: , .
Af�PROVED AS TO FORM
AND LEGAL.ITY;
City of Sag3naw, Texas
By:
�� ��
Printed name: Frankie Robbins
Title: Mayor
Date:
�� s� � . ���
Ass9stant City Attarney U
A�EST:
� � .
��� p`' -�.- - �
. "�-•fA� A�_
�loria Pea�an
City Secr�tary
� � 1����
Gantract aut�orization
������
Date
APPROVED AS TD FORM
LE LIT - . �
��'
��
����cCity Attarney
ATTEST:
�L��\.�iC-'fi'� ���i� j/ �// -
City Secretary 2'
16
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�xhibit "A"
k��i��F�li�� LIST �'�R i�i� ���IL� C�LL��TI�i� UR�Ii
� Niaferial Amounf Resiocked I Speciaf Needs Remarl�s
5� gallon op�n �flp Amount taken off the
drums (open top far trailer
laase packs)
55 gallort drums Amount taken off the
(clase� top) �ail, trailer
, antifreeze, buik
flammable mat�rials
and ane extra)
Fi�er cirums (55 or 30
galfnn} Aerosols, Amour�t taken off �he _
acids, �ases and frailer
oxidizers}
Gaylord box liners � "
(plastic)� Amount taken off the
traifer
55 gaflon drum liners
Amount taken off the
#raifer
5 gaflan buck�ts �
(flterslhaz chemicals) Amount taken off the
trailer
S�rvey Forms
Amount taCcen off the �
trailer �
Labe[sldrum �lacard
Amount taker� off the
. trailer
Gaylord boxes �
Amount taken �ff fhe
trai[er
Absarbent pads
Amount tak�n off the
trailer
Vermic�lite
Amount taken off the
trailer
Oil dry
Amaunt taken off the
trailer
Prorno#ional Maierials
& Hroc�ures Amount neecfed I I
17
ExY�ibit "B"
WA1V�R AND RELEAS� OF I.IABILlTY FOR COl.LECTI�N OF HOUSEHOLD
H;4ZARDOUS WASTE
I being the owner of proper#y located af
hav� b�en asked by the City of to allow a mobile colle�tion
eveni on my pra�erty #o collect househald hazardaus waste on the , 2001.
In consideration flf , 1 hereby give my �ermissian to the City of
to hold a household hazardous waste colfection event on my
property in which #�e City af , has asked th� City of Fort Worth
ta send its mobi[e collection u�it ta collect th� household hazardous waste that is brought ta the
event.
Tf�srafore, in consideration of ,, I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, IND�MNIFY the City of Fort Wor�{� or �ts officers, agents,
ar�d em�loyees and the City of __ , ar�d its officers, agents,
andlor employees for any ar�d all claims, demands, liability, caus�s of actian, �ctions ar suits of
any cE�aracter that I may ha�e against the City af Fori Worth ar its officers, ag�nts, andlor
employees and the City of _ ar its afficers, agents, and/or
employe�s far any property loss o� dama�e, t'ar any and all persanal injury inc[uding deakh or
any other damage of any kind or charact�r which may arises or tF�at arises firom allowing the
City of to hold a household hazarda�s waste collection event, i�
which th� City of Fort Warth sends its mobile collection unif on my property.
I t�ave read this Waiver and Refease and fully �nderstand its te�ms and conditions. [ have not
been influenced in any extent whatsoever by any re�res�ntation ar statements not contained in
this Agr�ement. 1 hereby acicnawfedge that this Waiver and Releas� is given in consideration of
Signature
Witness
Date
'18
City of Fo�t Wo�th, Texc�s
N�ayor and �ounci[ Commun�cation
DAT� REFEF2ENCE NUMBER LOG NAM�
91241�2 �`*C-'192�� I
52COLLECT
PAGE
1 of 2
FOR
su����T INTERLOCA� AGREEMENTS WITH VARIOUS M�NICIPALITIES
PARTICIPATION AT THE ENVIRONMENTAL COLLECTIQN CENTER �
REGOMMENDAT�ON: �
It is recommended #hat the City Council autharize the City Manager to execute Enterlocal agreements
with.�arious m�r�icipalities/entities for participation at the En�ironmental Collectic�n Cer�ter.
DISCUSSION:
The City's En�iro�mental Co�lec�ion Center is now in i#s sixth year of operation collecting house�oid
hazardous waste-from tY�e citizer�s af Fo�i Worth and surraunding communities on a year raund basis.
In o�der� for nan-�'ari Worth citizens to participate at the Environmental Coll�ctian Center, each
munici�ality is required ta enter inta an interl�cal agreement with tk�e City of �art Worth.
The rate per household for the periad co�ered by ti�ese agreernents (Octoher 1, 2�02 throug�
September 30, 2003) is $�Q.Oa. The d�c�ease in the rate iS. ciue to receipt of a grant fram the North
Centfal Texas Gaur�cil of Go�ernments that wip provide $150,0�0 far disposal costs during FY2��2-
2003. It is anticipated thaf -a�Qroxir�ately $42�,OOQ wil{ be collected under these agreem�nis. Durir�g
FY200'1-2002 tw�nty-six area communities signed par�icipation agreemen#s with the City af Fort Warth.
For the upcoming year we expect all of thase communities. to participate and ha�e had interest
e�cpressed by six others_ .
Tt�is agreement outiin�s the respons'rbilities of each party, establishes the rate for partiEipation, and
delineates t�� usage of service marke�, publi� education material. The City of Fart Worth is
respflnsible far overail operation of. the Envifonmental Collection Center i�cluding cantra�ting with a
hazardous waste d�spasal company for transportation and �disposa� of ma#erials coNected. fhe
fQllflwing entities have expressed an interest (*) ar are expected to commit to par�icipation �far the periad
�ctob�r 1, 2002 througF� 5eptember 3Q, 2403:
Arlington
Beribrook
Cleburne �
Euless -
Haltam City
Kennedale#
Narth Richland Hills
Roanoke*
S�ephenville
Upper Trinity Regi�nal Water District
Whit� Setilement* �
Azie
Buriesan
Calleyville
Grand Prairie
Hurst
Mans�ield
Richlanti Hills
Saginaw
Trophy Glub*
Venus
Wil�ow Park*
Bedfard
Cedar Hili
Everman*
Grap�vin�
KeE'ler
Newark �
Ri�er Oaks
5outhlake .
Un-incorparated Tarrant County
Watauga
City o, f'Fort T�Yo�th, Texas
�fi�yor ��d Cou�cil Comm���ca�ion
QATE li�t-t�ti��t [v�iUlY�l� LUl3 I�AM� PAG�
9124102 **��� 97�$ 52COLL.ECT ' 2 of 2
suB��cT fNTERLOCAL AGREEM NT5 1N1TH VARIOUS MUN�C1PALlTIES FOR
_ , PARTICIPATiON AT THE .ENVIRONMENTAL COLLECTION CENTER
FISCAL 1NFORMATIONICERTIFiCATiON: '
The Finance Directar cer�ifies that th+e Environmental Management Department wiif be responsible for
the coqectior�. of funds due under these agre�ments.
L1111:n .
0
Submitted for City Munagcr's
Office by:
Libby Watson
QriginAtiug Department Head:
Srian Hoerner
Additional Inforinatiou Contact:
Brian Boeraer
6183
FiJND I ACCOUNT � CENT�R I� AMOUi�iT �
(to)
R103 488220 052'l100 � �
�
8�79 � (frotn}
.�
�
SQ79 `
CTTY 5EC�TARY I
APPROYED 9124/02
�
0