HomeMy WebLinkAboutContract 27139C�iY �EC��Y���
G�Ni�A�`i NO. �.��
INTERLOCAL. AGREEMENT FOR PARTICIPATIQN iN FORT W�RTH'S
ENVIRONM�NTA� C�L.LECTfON CENTER
HOUSEHO�.D HAZARDOUS WASTE PR�GI�AM
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TH1S AGREEMENT is entered into by ar�d befween the City of Fork Worth, Texas, a home-rule
municipal corparation situated in Tarrant and Denton Counties, 7exas, hereinafter cafled "Fort
Worth,° acting here9n by and through Libby Watson, its duly authorize� Assistant Gity
Manager, and the c�.ty of Sa�inaTa a municipality situated In Tarrant c�n,�nr.�,,
Texas, hereinafter calied "Participating City," act�ng h�rein by and if�rough Frank�e Ltobbins
9ts duly autharized ���'Q� ,
WITNESSETH
WHEREAS, Taxas Government Code, Chapter 791, autharjzes the formulation af inferlocal
cooperation agreements between and arr�ong {oca! governrnents; and
WHEREAS, Texas Government Code, §79�.D11 provides that a local gavernment may cantract
with anather to perform governmental functians and services, and §791.003(3}{H} defines waste
disposal as a governmental f�cnction and service; and
WHEREAS, Texas Governmer�t Code, §791.02� provides that a lacal government may agree
with another loeal government to purchase services; and
WHEREAS, Fort Worth and Part�cipating CEty desire fo enter into an interlocal agreement
whereby For� Worth wi11 p�rchase t�e services of a waste disposallrecycling fiirm or firms and
wil{ administe�' a�tousehald hazardaus waste callectian program; anc�
WHEREAS, Fort Wc�r�h and Participating City mutually desire to be subject io ik�e provisions of
Texas Gavernment Code, Chapter 791, also known as the lnterlocal Cooperation Act.
NOW THEREFORE, it is agreed as fallows;
'f .
DEFINITIONS
A. Unless a provision in this Agreement explicitly states atherwise, the follawing terms and
phrases, as used in #his Agreement, shall F�ave the meanings f�e�einafter designated.
Act of God means an ac� occasioned by the direct, immediate, and exclusive nperation
of the farces of natur�, uncantrolled or uninflu�nced by the power af humans and wi��out
human ir�te�verrtion.
Bii! of Ladinc� lists the contents of the mabile collection unit.
Environmental Co�Iectian Center {ECC� means the City of Fort Warth Departmer�t of
Environmen#al Management facility Eacated at 6400 Bridge Street, Fort Warth, Texas,
which is to be used by Fart Worth for the aggregatian of household hazardous wastes
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that have been broug�t to the facifity by participafing ciiies' houseF�olds for subsequent
recycling, dispasal, and/or reuse.
Envirflnmental dama4es mear�s all claims, judgments, c{amages, lasses, Qenaities, fin�s,
1ia6ilities (�ncluding strict liability), encum6rances, liens, costs, and ex�enses ofi
investigation and defense af any claim, whether or nat such claim is u{timately �efeated, -�
and of any good faith settlement or judgment, af whatever kind ar nature, contingent or
ot�erwise, matured or unmatured, foreseeable or unf�reseeable, including without
limitation reasonable attarney's fees and disb�trseme�ts and consuitant's fees, any af
wh9ch are incurred subsequent to the execution af this Agreement as a result of fhe
handl9ng, co{lection, trans�ortat9�n, siora�e, disposal, treatment, recovery, andla� reuse
af waste pursuanf to this Agreement, or the existence af a vialat9on of environmental
requirements pertaining to sam�, and �ncluding wiihout limitation:
(a) Damages for personal injury and death, ar injury to prop�rty or naturaf resources;
{b) Fees incurred for the services flf attorneys, consultants, contractors, �xperts,
iaba�ataries and a11 other costs incurred i� connectian with the investiga�ion or
remediation ofi such wastes or violation of environmental requiremEnts includang,
but not limited to, the preparation of any feasibility s�udies o� repor�s or tF�e
performance of any cleanu�, remediatio�, removal, response, abatement,
�ontair�ment, clos�re, r�storation or monita�ing work requ9red �y any federal,
stafe or local gov�rnmenta! agency or political subdivision, or otherwise
expend�d in connection with ihe �xistenc� of such wastes or violations of
environmental requirements, and incl�tding withoui limitation any attorney's fees,
casts and expenses incurred �n en�orcing this Agreemeni or colfecting any sums
due hereunder; and
{c) Liability ko any third person or gavernmental agency io indemnify such pe�-san or
ag�ncy far costs expended in connection with the items referenced in
subparagrap� (b} herein.
Enviranmentaf re�uirements means a11 applicable present and future sfafuies,
regulat9ons, rules, ordinances, cades, licenses, permits, �rders, ap�rovals, plans,
authorizations, cancessions, fra�cF�ises, and simikar items, of altgo�ernmental agenci�s,
departrr�ents, cammissions, b�ards, bureaus, or instrumentalities of the United 5tates,
states, and political subdivisians thereaf and all appl�cable judicial, administrative, and
regulatory decrees, judgmenks, and tirders relating to the protection of human health or
the environmenf, Encluding withaut limitation:
(a} All requirements, includi�g but not Nmited to those pertaining fo reporti�g,
licensing, permitting, investigatior�, and remediatian of emissions, ciischarges,
releases, or threat�ned reieases of hazardous mat�rials, pai�u�ants,
cantaminants, ar hazardous af toxic substanc�s, materials, or wastes whether
salid, liquid, ar gas�ous in nature, inta ihe airT surtace water, groundwater, storm
water, o� 1and, or relating to the manufacture, Qrocessing, distribution, use,
treatmenk, storage, disposal, transpQ�t, or handling of �aUutants, cantaminants, vr
hazardous or toxic substances, mat�rials, or wastes, whe#her solid, I�quid, or
gaseous in nature; and
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{b) All re�uirements pertaining to ihe pratection of the health and safety of
employees or the public.
Force maleure means decrees of or restraints by a governmental instrumentaiity, acis of
Gfld, work stoppages due ta labor disputes ar strikes, fail�tre af Fart Worth's •�
contractor(s} to perform pursuant to the9r agreements with �art Worth for �ha conduct af
the collection of hausehofd hazarcfaus wast�, fires, explosions, epidemics, riots, war,
rebellion, and saboiage.
Household hazardous waste (HHWI means any sofid was#e generated in a househof� by
a consumer which, except for the exclusion provided for in 40 CFR § 28� .4{b)(1), would
be classified as a hazardous waste under 40 GFR Part 261.
Manifest means the uniform hazardous waste manifest form(s} furnished by the TNRCC
fa accompany shipments of municipal hazardous waste or Class 1 industrial solid waste
far wast� transparted to a site in Texas, or the comparabl� manifest of the receiving
state If t�e waste is transported ouk af Texas.
Mobile collection event means a hausehold hazardous waste coHection event by
Participating City utilizing a ma�ile collectio� unit.
�ort WortF� Mobile collection unik f MCU) mea�s a non-self-propeiled vehicle used far the
periodic collection a� �ausehold hazarcious waste by Participating C9ty, off-site o# thE
ECC, which is transported to th� ECC to dispase of the ho�sehold hazardous waste
collscted at t�e mobile collection ever�t. The Fort Worth Mobile Collectian Unit is
designed to hold the hazardous waste af approximately 50 to 75 houseY�olds.
Participatina Cikies, when used in the plural, means F�ri Worth, Partic9pati�g City, and all
oth�r entities which have entered inta interlocal agreements with Fart Worih for the ECC
household �azardous waste collec#ion program. �
Person means an ir�dividua[, corporatron, organization, govemment, or governmental
subdivision ar agency, business trust, partnershi�, associaiion, or ar�y ath�r legal entity.
Waste has the same meaning as "soiid waste" as that term is defined in Texas Health
and 5afety Code �361.Oa3, and including hazardo�s substances,
B. Unless a provision in t�lk5 Agr�ement explicitly states otherwise, the fallowing
abbre�iations, as used in this Agreement, shall have the meanings hereinafker
designated.
CERCLA - Comprehensive En�ironmental Response, Compensation, �and �iabil�ty Act.
CPR - cardiopulmanary resuscitation.
DOT - U�ited States Department of Transportation.
�CC - Enviranmenta! Collection Center.
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EPA � United Stafes Environmental Protection Age�cy.
HAZCAT - hazardo�s categorization.
HAZW�PER - hazardous waste operations and emergency respernse. .
HM - hazardous materials.
HHW - houset�old haza�dous waste.
MCU - Mobile Collectian Unit.
2.
PIJRPOS�
Tl�e purpose of this interloca) agreement (hereaft�r "Agreemer�t"} is the provision of services by
Fort Worth to Participating Gity whereby, subject to k�e terms and c�nditic�ns specifie�i below,
Fork Wort� will administer and s�pervis� a re�ianai househald hazardous waste collection
program, which wifl be available to ha�asehoids within Participating Ciiy.
3.
TERM
This Agreement shall be effective fram th� date tha last parky has signed this agreement
thraugh September �0, 2002.
4.
SERVICES OF FORT WORTH
Fort Warth agrees to perform the foflowing services for Pariicipating Cify in cannection with the
ECC household hazardous waste collectian program:
A. Fort Worth will administe� a regianal househoid hazardaus waste collectian program.
Th9s program will inckude the aperation of tF�e Environmental Collection Ce�ter, which
will accept for disposal andlor recycling houseYtold hazardaus waste from households
iocated witF�in Participating Ciiy. For� Worth shall not accept compressed flammable gas
containers; radioactive materials; explosives or pateniiaily shock sensitive materials;
bialogical, etiologic, and infecfious materials; wastes from bus9nesses; and any other
wastes tF�at �ort Worth i�as determined are unacceptable.
�. Fort Worth will employ or retai� personnel io pravide the services necessary to perfo�m
F'ort Worih's obligations in this Agreement.
C. Fort WortF� will ent�r into a contract(s) with waste disposallrecycling fiirm(s) for the
handlir�g, coflection, transportati�n, storage, disposal, tr�atment, recovery, ar�dlor reuse
af household hazardous waste, which is coilected at th� ECC,
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D. Fort Worth will, if requested in writing by Participating Ciky, pro�ide Par#icipat�ng City with
copies of waste manifests for shipments of wasfe from the ECC.
E. Fo�t Warth will, if request�d in writing by Participating C�ty, pra�ide Partic�paiing City a
monthly repori of the Participating City's households who disposed of hausehold
hazardous waste at the Environrr�ental Co{lection Center or a Mobife Coliect9nn Event. -�
F. Fort Worth will issue a report and a biEl at the end of ea�h quarter detailing the number ofi
Participating City's househalds that dis�osed of household hazardous wast� at the
Environmental Collection Center or at a mobile collec#ion evsnt.
G. Fart Warth will a.ct under this Ag�eement in accordance with a11 applicable state ar�d
federal 1aws.
H. Non-Fort Workh Mobile Collection Un�t
9. Fort Worth agrees fo accept household hazardo�s waste from Participating City's
MCU i� �ccordance witfi� Section 5, of this agreement.
2. Fart Worth agrees io restock the items it removes from Participating City'sMCl1,
however, �ort Worth shaEl only restock items listed in Ext�ihit "A", aitached and
incorporaied herein as if s�t forth,
Mobile Callection Events —Usinq Fort Worth's Unit
1. 1f Participating City would 1ilce to schedule a mobil� coNection event with
the Fort Wor�h Mo�ile Collection Unit, Fork Worth will send Participating
City a list of available dates. Participating City will contact Fort Worth as
soon as possible to schedule the date, time and lacation agreeable to
bath parties.
(a} Location
If Particjpating Gity ehooses to hold the Mobile Collectian Event on
private proper�y, Participating City shall obtain a signed waiver
from the awner of the property 1 week priar #o the event. The
waiver shali be in the form o� Exhibit B or similar form appraved by
Far� Worth. The sign�d waiver must be ser�t to Fort Wor#h 1 week
before fhe Mobiie Collection �vent. If th� signed waiver is nat sent
to Fort Worth 1 week b�fore the Mobile CaElection Event, �ort
Worth will not send the Fort Wortf� Mobife Collect�on Un9t to the
event and Participating City will, in r�a event, be eniitled to any
damages ofi reco�ery of any costs, except as pro�id�d herein.
(b) AuaiEable Dates
Pa�ficipating C9ty acknowledges ihat Fort Warth contracts with
other municipalities and that Fart Worth will �e accammodating
each Participaiing City's request on a first come first served basis.
There#ore, Participating City acknowledges that its chosen da#e to
schedule a mobile colfection event may be reserve� by another
C9ty and Parficipating City will have to chaos� anather date.
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Participating City wiil, in no event, be entitled to any damages or
recovery of any costs, except as provided herein.
2. At th� Mobile Collection Event, Participating City acEcnawledges and agrees that
Fori Worth shall accept f�ausehoid hazardous waste �rom the first 50 house�ofds
that shaw proof of residency ai the MobiCe Calleckion Everit. Af�er the firs# 50 -�
ho�senolds, Fart Worth will determine in its sole discretion how much more
was#e it can accept an� store prap�rly. If mare households arrive at the event
than Fort Worth can accept, Qarticipating Ci�y will in no event be antitled to any
damage of rec�very of any costs, except as provided herein.
3. Due to the lack of starage space at the �CC, Pa�ticipating City acknowledges
and agrees that if it requests the Fort Wor�h Mobile Callection Unit ai a mobile
colEection event, a Participati�g Ciiy's Non-�'ort Worth Mob�le Collection Unit shall
not also be at tne event.
4. City, in its sole discretion, will determine whether.fo send the Fort Worth Mabile
Collec#ion Llnit to Parkicipating City's Collection Event during adverse weatFrer o�-
the threat of adverse weather including but not limited ta sleet, snow, rain, mist or
hai1. In the event Fort Worth determines nat to send the F'ort Worth Mobile
Callection Unit, Fort Worth shall notify persons listed in 5ection 5, Paragraph A
and shall s�nd a Fart Worth employe� to the Participating City's event to tell any
residents thai came to dispose of household hazardous waste; 1) tl�at the Fc�rt
Worfh Mabile Collectian Unit will �ot be caming ta the event, and, 2) that the
resident can go to the ECC to dispase af the waste and provide a map to t�e
ECC.
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DUTIES O� PARTICIPATlNG CITY
Par�icipating City agrees ta per�orm tha following d+�ties in conr�ectifln with the hausehold
hazardous waste collection program:
A. Participating City will designate one af its employees, and another as an alternate, to act
as its household hazardous waste collection coardinator ta interack with Fort Warth.
�esignated persorl is: Bob Harvey telephone number: 817--23?.�..640
Pager numbe� or 2�-hflur number where he or she can be reached: 817-232-4b40
Aliernai� person is ��xP� �ohnsan telephone n�m6er: 817-232-4646
Pager nUmber or 24-hour number where he ar she can be �each�ed: �11-Z32-464d
B. Participating City will coordinate and fun� all pragram aduertising fargeted to its own
citizens, as it deems necessary. Such advefising shail include the type af wastes thai
will be accepted at the ECC, the requiremer�t of proaf of resider�cy and weather
cancellat�an informatian.
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C. Participating City sha11 nokify its residenis o# the ECC haurs of aperation and dates it is
closed as provided in 5ectjon 9"The Environmental Colfection Center Hours of
Oper�tion."
D. Participating City may c�oose ta utilize a vaucher system for its residents in arder far
them to bring HHW to khe ECC. lf Participating City chooses to use s�ch a system, it -�
sha11 notify Fort Wor�h of the decision, and shall pravide Fort Worth with a capy af the
official woucher. In additian, if a citizen fram a Participating City that util9z�s a vvucher
sysier� comes to the LCC or a mobil� collection event withoui � voucher, Particip2�ting
City acknowledges and agrees that �ort Worth will not accept the household hazarc4ous
waste until Partic9pating City authorizes the acceptanee in writing.
E, Participating City may submii a written request for a monthly repor� fisting the number of
its city's households that have disposed ofi househald hazardous waste at the ECC or a
moi�ile collection event.
F. Parkicipating City shall provide trafFic control anci signage for the mobile collection
events, and shafl provide personnel to assist Fort Worth with iFre sUrvey and screening
of persons dropping off household hazardaus waste. The parties priar #o the event shall
agree u�on the details af the traffic contral, signag�, and personnel assistance.
�. Participatina Citv's Mobile Cnlleckion Units Collectinq Hflusehold Hazardous Wast�
Participating City shall advise the ECC program manager at least 72 hours in
advance of its mobile callection events. Participating City shaN collect only HHW
during a mobile collection event. Wastes from camm�rcial, agricultural, a�ci
industrial sources sF�all nat �e accepted. Part9cipating City shall not accept
compressed flammable gas containers; radioactive materials; ex�losives or
pot�ntially shock sensitive materials; biological, etiologic, and infectiaus
materials; and any okher wastes that �ort Worth F�as determi�ed are
unacceptable.
2. In accordance wrth the latest DOT requirernents, Pa�ticipating City's MCU
aperators wi11 praperly categorize, package, mark, lab�l, and load into the MCU,
all wasies received at the mobile callection event. Recyclable products (used oil,
used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, an�
fluoresc�nt fights) wil! be segregate� inta containers #or recyclabies.
3, After accepting wastes, Participating City's MCU operators sha11 t�oroughly
check each container for proper labeling and identificatian. if a coniainer is
- properly identifed, tF�e material wiH be segregated according to hazard class and
�repared for �ackaging. if a container does nat have adequate labeling ta permit
�dentification, �he MCU aperators shall then attempt ta identify the material from
its physical cf�aracteristics using HAZCAT analysEs and from informatian provided
by fhe hous�f�old presenting th� waste.
4. ihe Partici�ating City`s MCU operators sF�a�l package all hazardaus materials in
accardance with United States Department af Trarrsportation (DOTj
reguirerrtents, United States Environmental Pratectian Agency (EPA)
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requirements, and all �tF�er ap�l9cable federal and state requirements. After all
the wastes have been properly identified and segregated, iF�e MCU operators will
reexamine ti�e wastes for campatibility, Hst them an the cor�tainer cont�nt sheets,
and pack them inio drums, Oi1-based paints and latex paints shal! be bulked
separateiy in 55-gallan drums, ar if the paint is left in its container, t�e paint can
be packed in a lined cubic yard box, an� packed and labeled accarding ta federal "
and stat� regulations. Participating City shall not transpori waste that is no# HHW
to the ECC. Pariicipating City agrees to make its own arrangements to dispase af
any non-HHW waste colEect�d at the eveni.
5. Prior to transporting the HHW from the collectian ��enk site(s), Participating City's
MCU operators shall complete a Bill of L.ading, and.shall keep the Bill of Lading
in the cab of the truck haufing the MCl1 during transportatinn of the HHW to the
ECC. Participating City shall require that a minimum af one copy of the laiest
Nort� American Emergency Response Guidebook 5e kept within the cab of the
truck.
6. During t�anspartation, Participating City's MCU operators shaal placard the MCU
for transpartation of hazardaus waste in accordance with �ederal and state Eaw.
7. Upor� the return of the MCU ta the EGC, Partic�pating C�ty's MCU operators shall
follow the instructians af �ort Warth regarding the placement oi the MCU for
unloading. Fatt Worth shalf ta4ce {�ossession flf ihe MCU fram Participating City
after the MCU Y�as �ean praperly park�d for unloadjng in accordance with Fort
Warth's inst�uctions and a1l required documents have been delivered ta the ECC
program manager or his design�e at the �CC. Fort worth shall, within a
reasonabfe amount of time, unload the HHW from the non-Fart Wo�th MCU and
sta�e the HHW at the ECC.
8. lf Fort Worth, in its sale d�scretion, determines that Participafing City's MGU
operators imQroperly packaged any of the HHW delivered to the ECC, Fort Worth
shal{ repac4cage such was#e, and Participating City shall reimb�rse Fort Worth as
s�t fort� in 5ection 10., Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in Participa�ing City's
possess�on, Fart Worth shall take control af the s�i11 response and Partici�ating
City will reimburse �'ort Worth for iis response casts as set farkh 9n Sectian 90.,
Paragraph C.
B.
USE DF WASTE DISPOSAVR�CYCLWG FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a cor�tract(s} with waske dispasallrecycling firm{s) for the
handi9ng, collection, t�anspor#ation, starage, dispasal, trea�ment, recovery, andlor reuse
af household hazardous waste, which is coAected at the ECC.
B. Such firm(s) shaEl be required pursuant ta the contract(s) to assume generator status for
the waste calfected, (excluding used ail, fead-acid batieries ar�d antifreeze) to cF�aose a
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disposal site far the waste subject to �c�rt Worth's approva[, and to indemnify Fart Worth
and participating cities against any and all environmenial damages and the violatian af
any and a1i environmental requ9rements resulting from the handling, coliection,
trans�ortation, starage, disposal, tr�atment, recovery, andlnr recycli�g of waste callected
pursuant to this agreement, when said environmental damages or the viofatia� of said
environmental requireme�ts was the result of a�y acf or amissfan of cantractor, its -�
afficers, agents, em�loyees, or subcontractars, ar the joint act or omission of contractor,
its officers, agents, empfoyses, or subcontractors and any otF�er person ar entity.
C. THE PARi�ES RECOGNIZ� YHAT ALTHOUGH THE FIR�fl (5) WIL� �E REQUIR��
YO A5Si1ME GENERATOR STATUS, iHIS ASSUMPTION 11UILL MOi F2E���VE
PARTICIPA�{NG CITY O� LIABILITY �OR �"HE LNAS�'� UND�R ��9�R�►L L�►W
AAID STA�� �AW. Fort Worth will arrange for recycling vendors far used ai1, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. F�om tirne-to-time Fork Worth will make a�ailable to residents and businesses af Fort
Wor�F�, as well as, Pa�ticipating City and residents and businesses of PartEcipatirrg City
for their us�, collected �ouseho{d hazardous waste materials tt�at are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth sha1V not charge for any
materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by
For� Workh prior ta being made available. Used antifreeze will hava been cansofidated in
a 6arrel, fltered, and pH balanced, and new antifreeze may have b�en added io the
barrel.
C. ln regards to materials accep#ed by Participating City, FORT W�RTFI MAKES P1D
REPRESEALTATIONS, WARRANTIES I�R GUARAfVTIES iHAT:
1. the contair�er cantents are what the label indicates;
2, the container contents are thos� originally placed ir�to the ca�tainer by the
manufacturer;
3, the praduct is oi the quality intended for its use;
4. the contents of ihe container have been stored praperly;
5. the instructions fln the cantainer label for use, skarage, and first aid are currenf or
correct;
6. the container is in unimpaired condition;
7, the produck is stil[ ap�roved for use {i.e., it has not been banned or recalled); and
8. the product can be used without risfc ta persons, property or the environment.
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FURI"HE�IViOR�, ALL WARRAN�IES, �XPR�SS Af�� IIVIP�I�D, k4��
SP�CIFtCALLY DENlED.
D, Pa�tici�aiing City shall contact the ECC program manager tv arrange a pickup time to
obtain materials. Participating City agrees that ii shali not return toFort Warth, directly or ��
indirectly, any materials it obtains irom Fort Worth under this paragraph.
E. 1[V R�GARDS YO MATFRIALS ACCEPT�D �Y �'ARi1CI�ATlRlG CITY,
PAR7ICIPATING CITY DOES H��t��Y W�IIV� ALL Cl�A1M5, lNCl�U�1PlG
PR�DUCTS L1ABILITY CL.�►IMS, i�ND REL�AS�S, AN� HCiI.[�S HARMLESS YFD�
CIYY 0�' �'ORT' WORTH, ANn ALL OF 1T5 O�FICfALS, �FI�IC�RS, EMPLOY��S,
ACENTS, AN�} VOLLIAIT��RS, IN BDTH TH�IFi PUBLIC AND ��illAiE
CAPACfTIES, FROM ANY AND AL.L LIABlLITY, CLAIfV�S, SUITS, DEiVi�►AI�S,
EXPENSES OF LITIGATION, OR CAliSES �� ACTlON WHICH MAY A�2{S� BY
REAS�N O� INJLlRY i0 PERSONS, LOSS ��' PROPERTY, DAiiflAGE i0
PROPERTY, OR LOSS OF U5E OF ANY PROPERTY , OCC�►510NED BY iHE
T�RISPORTATiON, STORAGE= HAAI��.ING, llS�, Aiv[D DISPOSAL BY
PARTICIPATING C1TY OF AMY fVYAT�RIALS ACCEPT�D BY PARTICIPATING CITI(
UN�ER THIS AGRE�II�EIdT FR011� FORY WORTH.
F. lr� regards to materials accept�d by residents or businesses o# Participating Cities,
�ORT WORTH MAK�S NO REPRESENTATIONS, WARRANTIES OR CU�1RANiI�S
THAT:
2.
3.
4.
5.
B.
the canta9ner contents ar� what the lab�l indicates;
the container contents are thase originally placed in#o the container by the
manufacturer;
the praduct is of #he quality intended for its use;
the contents of #he coniainer t�ave been store� properly;
the instructions on th� c�ntainer la�el far use, storage, and first aid ar� current or
corre�t;
the container is in unimpaired condition;
7. the product is still appraved for use (i.e., it has not been banned or recalled)y and
8. the product can be used without risk to persons, prapetty or the enviranment.
FURTHERii�ORE, A�L {�VARRA�`ftES, �XPR�SS Ig►N� 1l�iP�IED, ARE
SPECiFICALLY D�P11ED.
G. Participating City shall attempt to inform its residents and iausinesses that if they go ta
the �nvironmental Go1l�ctian Center to pick up hausehald hazardous waste for reuse, a
release ofi lia�ility must be sig�ed to accept ihe hflusehold hazardous waste far reuse.
10
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the
ECC from Participating City's resident and to eject such indi�idual firom the premises of the
ECC, if in the reasanable judgment of Fort Worth;
A. The waste is not household haaardflus waste;
B. The waste fails to meet other established criteria establisf�ed by this Agreemen�, or that
have been established by For# Wor�h subsec{uent to the execution of the Agreem�nt;
C. The indi�idual does not have suffic�ent identificatior� ta establish that helshe is ir� fact a
residen� af Participating City;
D, Parkicipating City has implemented a vo�cher system for its residents to disposa of
waste, and the ind9vidual does nflt have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC ar ta persons or property af
the ECC.
9.
ENVIRONMENTAL COLLECTiON CENTER HOURS AND DAYS
O� OP�RATION
A. Hours of Operation
During the term of th� agreement, the ECCs hours of operation are as follows:
Thursday and �riday 11 :00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:40 p.m.
B. Days the En�ironmental Collecti�n Center wi{I be closed
During the term of fhe agreement, the ECC will be closed an the follflwing t�ays:
Thanksgiving Holiday, November 22 -23, 2001
Christmas Holiday, December 24- 25, 2001 '
December 30, 2a01 througi� January 11, 2002, for cleanup and repairs
M.L.K. Day January 21, 2002
Memorial Day, May 27, 2002
lncEependence Day, July 4, 20�2
Labor Day, September 2, 2002
C. Nafifying Residents
participating City agrees ta notify its residents of the ECCs hours of operation and da#es it will
be closed. Participating C�ty may advertise the 24-hour En�iranmental Collection Center
'I 1
tefephone number to give its residents the Environmental Collection Center's hvurs. The
numb�r Es: (8�7) 871-5257.
1 D.
COMPENSATlON
As fair com}�ensation for the services provided by �art Worth pursuant to tFis agreement:
A. Participating City ag�ees to pay Fart Worth the sum of $60.00 per hausehold per visit ta
the EGC or per househald far parkicipation in a Mobile Collectian Eveni to dispose af
househald hazardaus waste.
B. If �ort Wor�h dekermines that F'artici�aiing City's MCU operators improperly packag�d
any of the HHW de{ivered ta the ECC, Fort Worth shall repackage such waste, and
Participating City shall reimburse Fort Watth for �t staff time at $20.a0 an hour and the
cost of suppfies. ,
C. If a spill �ecurs at the ECC whil� the Non- Fort Warth MCU is still in Participating City's
possessfon, Fort Worth shal{ take control of the spill response and Participati�ng C9ty wiU
r�imburse �ark Wort1� for its respanse costs of $60.00 per hour staff time and #he cost af
SUPP�IG5.
D. The amount c�ue to Fort Wor�h for services provided under this Section, Paragraphs A,
B, and C, shall be billed �o Participating City quar�erly. Partici�ating City shal� pay Fark
Worth within 3� days of receiving a bill frnm Fort Worth. !f Fori Worth does nat receive
paymet�t within 30 days, Fart Worth shafl inform Participating City in writing that it wilf not
accept any househa[d hazardous waste from Participating City's residents and t�at Fart
Worth will not participate in a mobile colfection event ar provide a mobile colfection unit
until paid.
E. At the end of the term of this Agreement, Fort Worth shall pravide a final accounfiing to
Partici�ating City, which will include the tatal number of Partici�atin� City's housef�alds
which participated in the program, repackaging fees, if any, and the tataf cost of spill
response charged' ta Participating City, i� any.
F. Pursuan# to the reqt�9rements af Government Code §791.011 (a)(3), fhe amount due to
Fart Worth under Subparagraph D. abave shall be paid fram revenues currently
available to Parkicipating City in the present fiscal year.
92
1'{. '
ARTWORK, "CAPTAIN CR�D AND THE CRUDDEES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the awner of "Capfain Crud" and the Cruddies ("Bloomer," "O#to," "F'est`re,
"5crub," and "Van Gao") "Conquer Your Crud," and "Crud Cruiser", and therefore all -�
ownership rights belong to �ari Worth. �ort Wortt� has registe�ed these marks as s�rvice marks
with the Secretary af State.
A. Fork Wor�h hereby grants to Pariicipating City a non-transferable, non-exclus�ve license
ta use a{! the arlwork and promotional materials that may be provi�ed by �ort Wc�rth to
be used solely in ihe canduc� of the busi�ess of Part�cipating City's disposal and
recyc�ing of househoid hazardous waste programs, If Participating City wishes to use to
Licensed Art a�dlor Pramfltional Materials in otF�er limited sttuations, Partjcipating City
must first obtain �xpress written consent from Fari Worth,
B. Fori 1North may �rovide licensed Artwork and Promotional Materials ta Pariicipating City
pursuant ta the terms of this Agreement. Participating City acknowledges that by virtue
of this Licer�se, Participating City acquires onfy the right to use fhe original and permitted
duplicate copies of the Licensed Ar�wark and Promotional Materials and does not
acquire any rights af awnership in the Licensed Artwork and Promotional Materials,
which rights shall remain exclusively with �ort Worth. Vf Participating City want$ ta modify
or change the artwork andlflr �ramotional materials in any manner, Participating City
hereby agre�s ta conkact Fort Worth i� wrifing ia abtain writfen consent before modifying
or changing ar�y artwork andlor promotional materials. �
C. If Par#icipat�ng City desires an actor to Qo�tray "Captain Crud" for an event, Participating
Ci#y shall use actors ap�roved by Fort WorkF� to portray "Captain Crud" since "Captain
Crud" is awned by Fort Wnrth. Partici�at9ng City shall be solely �esponsible for
compensafing actor for �he services provided to Participating City. Parkicipating City w�l!
contack FQrt Warth as soon as possible with th� date an� �im� of the event agreeable to
both partEes to obtain approval far the chosen actor and to request ar�d pickup tha
"Ca�tain Crud" c4stume for If5 @VEi1�5. FOfi W01`�h will provi�e the "Captain Crud"
costume. However, Pariicipating City agress to be liable to Fort Worth for any damage io
fihe cast�me or if Participating City fails to return tfi�e entire ctistume ta Fort Worth or if
the costume is nok returned in the same canditian as received.
12.
IMMl1N1TY
It is expressly unde�sfood and agreed that, in the execution af this Agreement, nane of the
partici�ating cities waives, nor sha{I b� hereby deemed to waive, any immunity or defense that
wauld otnerwise be available ta it against claims arising in t�e exercise af ga�ernmer�tal pawers
and functions, and that the services descrEbed in this Agreement are a governm�ntal functian.
13
13.
�ORCE MAJEURE
A delay ar failure of For� Wo�th io perform services pursuant ta this Agr��mer�t sF�all be excused
to the extenk that the de[ay or failure to perform resulted from a force majeure event, and th�
delay ar failure was beyond the control of Fort Worth and not due ta its fault Qr negE9gence. ��
Participating City shall not have, and h�r�by waives, any claim whatever �or any damages
resulting from delays or failur� to perform caused by a force majeur� event.
'I 4.
TERMINATl4N
The pa�kies shall each have the right to terminate the Agreement for any reason, with ar without
cause, upon thirry (30) days written not9ce to the other party. Upon term9nation, the parties sha11
be released from all contractUal obligations to the ather party excluding "USE OF WASTE
D15POSALIRECYCLING FIRMS FOR HOUSEHOLD HAZARDQUS WASTE'" (Paragraph 6)
"REUSE OF COLLECTED MATERIALS" (Pa�agraph 7) and "ARTWORK, "CAPTAIN CRUD
AND THE CRllDDIES," AND PROMOTjONAL MATERIALS LICENS� AGR�EMENT'
(Paragraph 'f 1).
15.
NOT[CE
Any notices required to be given under this Agreement shall be delivered as follaws:
lf to Fort Worih:
Brian Boerner, CHMM, Director
Departme�nt ofi Environmental Management
cify of �ort wortn
1040 Throckmorion
Fort Worth, Texas 76102
!f to Particir�atina Citv:
i�an S�anford, C�Cv Manager
City of Saginaw
P.O. Box 79070
Saginaw, TX 76179
16.
ENTIRETY
This Agreement contains all commiiments and Agreements o� the parties her�to, and no o�F�er
oral or written commitments shalf haue any #orce or effect if n�t contained herein, excePt that
this Agreement can bs amended or modi�ed by ihe parties if such amendment or modification is
in writing and signed by Participating City and Fort Worth.
14
�7.
SEVERABILITY
In the event anyane or more of the provisians contalned in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, ilfegality, or -�
unen�orceability shall not affect any o�her prov9sion thereof and this Agreement shall be
conskrued as if such invalid, iElegal, ar unenforceable provisions had never been cantained
h�r�in. �
18.
VENUE
Should any action, real t�r asserted, at law or in eauity, arise out of the terms and conditiorts of
this Agr�ement, venue for said action shall be in Tarrant Caunty, Texas.
19.
AUTHORITY
This Agreement is made for Fort Worth and Par�icipating City as an Interlocal Agreement,
pursuant #o Texas Government Cod�, Chapter 791.
2Q.
AUTHORIZATION
The undersigned officers andlor age�ts af the parties her�to are properly authorized officials
and have the necessary authority to execute this Agre�me�t on behalf of ih� par�ies hereto, and
each �arty hereby certifies to the other that any necessary resolutions extendin� such authority
have been dufy passed and are naw in f�11 force and effect.
15
�
EXECUT�D IN TRIPLICAT�
CITY OF FORT WORTH
BY� �,
,
r
�., ,
,�� _
', �,__ -
L y Wats
Assistant Cit M nager
Date: ��!'��
APPROVED AS TO FORM
AND LEGALITY:
ssi t o ey
__ - -�
AT� T: "�
�� l� � �
' �'-� h_
ioria P � rson
City S cretary
�� �� � 7 � .
Contract auihorizatian
/f � �--��
Da#e
City of Saginaw
By:
�� /�-��-+A �
Printed name: Frankie xobbins
Title: Mayor
Date: �-22-01
APPROVED AS TD FORM
+ ���� �.
�
� �
l�� City Attarney
ATT�ST:
�� . �
City Secretary �
� 6 �. �. - � 6 U,�+u {`� r�
��� ,' ��
,,, �,,�M �.��.
Exhibit "A"
R�S�OCI41�1� ���i ��R iH� N���1L� C�l����iI�N U�li
�IiaterRal � Am�ur�t Restocked Special Needs � Remar�ts �
55 gallon open top Amnunt taken ofF the
drums (op�n tap for trai[er
loose packs)
55 gallon drurns Amount taken aff the
(ciosed top) (oi1, trailer
antifreez�, bulk
flammable matefials
and ane extra)
Fiber drums (55 ar 30
gallon) Aerosols, Amount taken off the
acids, bases and trailer
oxidizers)
Gaylord box liners �
(plastic) Amount taken Qff the
trailer
55 gallon drum liners
Amaunt taken of� the
trailer
5 gallon buckets
(filterslhaz chemicals) Amount t�ke� off th�
trailer
Survey Forms
Amount taken off tne
trail�r
Labelsldrum placard
Amount taken off the
trailer
Gaylord box�s
Amount taken off the
trailer
Absorbent pads
Amount tafcen afF the
trailer
Vermiculite
Amount taken aff the
trailer
OEI dry
Amounk taken aff tt�e
. traifer
Promotianal Materials
& Brochur�s Amount needed
17
Exhi�it "B"
WAIVER AND RELEASE O�' LIABILITY FOR COLLECT�ON OF HOUSEHO�D
HAZARDOUS WAST�
I being the owner of property located at
have been asked by the City af to allow a mabile coll�ction
event on my property to collect household hazardo�s waste on tFt� , 2Q01.
In consideration of ,� here6y give rny permission to the City of
to hofd a household hazardous waste collection event on my
property in which the City of has asfced the City of �ort Worth
io send its mobile collectian unit to co[fact t�e household hazardous waste that is braught to the
even#.
TF�erefore, in consideration of , I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIF'Y the City af F'ort Worth or its officers, agents,
and employees and the City of and its officers, agents,
andlar empfoyees for any and all claims, demands, liability, caus�s of action, actians or suits of
any character that I may have agai�st the City of Fort Wart� or its officers, agents, andlar
emplayees and the City of or its off�ers, agents, andlor
employees for any property loss or damage, far any and all personal injury including deat� ar
any other �amage of any kind or character which may arises or ihat arises from al�owing th�
City of to hold a household t�azardaus waste colfection event, in
which the City of �art Workh sends its moriil� collectian unit on my property,
I have tead this Waiver and Releas� and fu11y understand its terms and conditions. I na�e not
been influenced in any extent whatsaever k�y any r�presenfation or statements not contained in
this Agr��ment. I hereby acknowledge thai this Waiver and Release is given in consideration of
Signature Date
Witness
18
�`i� of �`o�t �o��h, Z'eacas
���T�� a�� �������
�� �������.�n
DAl'E REFERENC� NUMB�R - - - LOG �lAf�l`E _ _ _ . . . _ _ - �A�� - - - - - - - -
'� DI9/0'( **�-� ��7� � - -. 52Cfli.LECTI�N .t . - - -'! of 2
SUBJECT �,pp�pVAL OF INTER�.�CAL AGREEMENTS WIl'�H VARiOIJS� MU�lICIf�ALITtES F�R
THEIR PARTICIPATi�JN AT THE ENVIR�NMEhITAL COLLECT(ON CENTER
RECOMME�1DATiON: �
It is recommended fhat #he City Council authorize ti�e Ci�y Manager to ex�cute {n�erlocal Agreements
with various municipalitieslentities far their participation at the Enviranmental Collection Cen�er.
D1SCU5SlON: v "
The City's Environmenta! Cflllectiort Center is now in its fifth year �f aperation coRlecting hau�ehold
hazardous waste from the citiz�ns oi Fort Worth and surrounding comm�nities on a year-round basis.
tn order for non-Fo�t Worth citizens fo pa�ticipate at the cent�r, each municipalify is req�ired tp enter
into an Interlocal Agreement wifh the City of Fart Worth.
L.ast year, 23 area cammunities signed participation agre�ments with the City. Far the upcomir�g yeart
we ex�ec� t�at number to ris� #� 2�4 commt�r�iti�s. The rate per i�ousehc�ld for the period covered by
ihese agr�err�ents (October 1, 2001, through S�pi�mber 30, 20D2) is $60. !t is anticipated that
approximately $300,000 will be collecte� under ti�ese agreements.
This agreement autlines the r�spons�bilities af each party, establishes the rate fior participati�n, and
delineates the use �f service-marked public educatian material. Tha City is responsible far th� �veraiE
operation of the cer�ter, ir�ctuding contracting with a hazardous waste disposal company for
transpartatiQn and disposal of materials coliected.
Th� fo!lawing en#ities have expressed an interest or �a�e already commiited to participation far the
p�riad Octaber 'I, 2Q01, through Se�tember 30, 2�Q2:
Arifngtan*
Benbrook
Everm�n�'
Grap�vine
Keller
Richlan� Hills*
Stepnenville
Unincorporated Tarrant Coun�y
Az1e
Burleson
Euless
Haltom City
Newark
River Oaks
So�thlake
Venus
Bedford
ColleyviHe
Grand P�airie�
Hurst � �
Nort� Richland Hilis
Saginaw
Upp�r Trinity Regional Water
Watauga
*Tf�ese mur�icipalities are exgected ta �articipate, but have nat y�t reiurned thei� appraved agreements.
�Yty o, f `.�`o�t �'orth, 2'exas
���o� �x�d C������
����a������o�
RATE R�FERENCE NUMBER LOG NAM� PAGE
10I9I09 �'*�d����'� a2COLLECTION � 2 of.2
sug��cT APPROVAL OF INTERLOC L AGR��I�N i 5 WfTH VAhtIUI�S M�7NlCIPALITIES F'OR
THEIR PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
FISCAL INFORMATIONICERTIFICATION.:
The Finance Direckor certifies thai the Environm.enial Management Depar�ment will be responsibie far
the coflection and de�osit of funds due to the City i�nder tfiese agreemen#s_
LW:lc
Submitted far City Manager's
Office by:
j FUNb � ACCOUNT I
` {to}
f R103 488220
CEIVTER I AMOUI�IT
CI'FY SECRETARY
Libby Watsoa
Origiaating Department Head:
Brian Soemer
6183
8079 � (from)
os2��oa
� APPROVED 10/49l61
DATE
'I �1910'i
SUBJ�CT
City of �ort �'o�h, �'exas
�I���� ��d Co��ci�
�� ����a����
REFERENC� NUMBER � LUV IVAIVIE �� PAGE �
*��_� �777 b2CQLLECTION 3 0� 2
�- �--- --...--- --- - -
APPROVAL OF INTERLOG l. AGR��MENTS inll I H VARiO S�MUNICIPALITIES FOR
THEIR PARTICIPATI4N AT THE ENVIRONMENTAL COLLECTION CENTER
--- �
Addittana! �nfarmatian Contact:
Brian Boemer
8079
'U.
- j
_�