HomeMy WebLinkAboutContract 31379 ',1TY SECRETARYr/
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AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule
municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fort
Worth," acting herein by and through Libby Watson, its duly authorized Assistant City Manager,
and the County of Somervell, a political subdivision of the State of Texas, situated in Somervell
County, Texas, hereinafter called "Participating Governmental Entity," acting herein by and
through Walter Maynard, its duly authorized County Judge.
NOW WITNESSETH:
1.
DEFIMTIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation of
the forces of nature, uncontrolled or uninfluenced by the power of humans and without
human intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for the aggregation of household hazardous wastes that
have been brought to the facility by participating governmental entities' households for
subsequent recycling, disposal, and/or reuse.
Environmental damages means all claims, judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or un-matured, foreseeable or unforeseeable, including without
limitation reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred subsequent to the execution of this Agreement as a result of the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of
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02-21 -05AO8 : 03 RCVD
waste pursuant to this Agreement, or the existence of a violation of environmental
requirements pertaining to same, and including without limitation:
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remediation of such wastes or violation of environmental requirements including,
but not limited to, the preparation of any feasibility studies or reports or the
performance of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by any federal,
state or local governmental agency or political subdivision, or otherwise expended
in connection with the existence of such wastes or violations of environmental
requirements, and including without limitation any attorney's fees, costs and
expenses incurred in enforcing this Agreement or collecting any sums due
hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in
subparagraph(b)herein.
Environmental requirements means all applicable present and future statutes, regulations,
rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations,
concessions, franchises, and similar items, of all governmental agencies, departments,
commissions, boards, bureaus, or instrumentalities of the United States, states, and
political subdivisions thereof and all applicable judicial, administrative, and regulatory
decrees, judgments, and` orders relating to the protection of human health or the
environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants, contaminants,
or hazardous or toxic substances, materials, or wastes whether solid, liquid, or
gaseous in nature, into the air, surface water, groundwater, storm water, or land,
or relating to the manufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic
substances, materials, or wastes,whether solid, liquid, or gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of
employees or the public.
Force majeure means decrees of or restraints by a governmental instrumentality, acts of
God,work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s)
to perform pursuant to their agreements with Fort Worth for the conduct of the collection
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Somervell County/City of Fort Worth Page 2 of 15
of household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and
sabotage.
Household hazardous waste C HiW)means any solid waste generated in a household by a
consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) furnished by the TCEQ to
accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for
waste transported to a site in Texas, or the comparable manifest of the receiving state if
the waste is transported out of Texas.
Mobile collection event means a household. hazardous waste collection event by
Participating Governmental Entity utilizing a mobile collection unit.
NCTCOG means the North Central Texas Council of Governments.
Fort Worth Mobile collection unit (MCU) means a non-self-propelled vehicle used for
the periodic collection of household hazardous waste by Participating Governmental
Entity, off-site of the ECC, which is transported to the ECC to dispose of the household
hazardous waste collected at the mobile collection event. The Fort Worth Mobile
Collection Unit is designed to hold the hazardous waste of approximately 50 to 75
households.
Participating Governmental Entities, when used in the plural, means the City of Fort
Worth, Participating Governmental Entity, and all other entities which have entered into
agreements with Fort Worth for the ECC household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
subdivision or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health and
Safety Code §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following
abbreviations, as used in this Agreement, shall have the meanings hereinafter designated.
CERCLA- Comprehensive Environmental Response, Compensation, and Liability Act.
CPR- cardiopulmonary resuscitation.
DOT -United States Department of Transportation.
ECC -Environmental Collection Center.
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EPA-United States Environmental Protection Agency.
HAZCAT-hazardous categorization.
HAZWOPER-hazardous waste operations and emergency response.
HM-hazardous materials.
HHW-household hazardous waste.
MCU-Mobile Collection Unit.
Western Rural/Underserved Household Hazardous Waste Collection Pilot Project—
North Central Texas Council of Government's program under which the mobile
collection evens authorized by this contract will be held.
2.
PURPOSE
The purpose of this Agreement (hereafter "Agreement") is the provision of services by Fort
Worth to Participating Governmental Entity whereby, subject to the terms and conditions
specified below, Fort Worth will administer and supervise a regional household hazardous waste
collection program, which will be available to households within Participating Governmental
Entity and funded through and by NTCOG.
3.
TERM
This Agreement shall be effective from the date the last party has signed this Agreement through
June 30, 2005.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating Governmental Entity in
connection with the ECC household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program.
Fort Worth shall not accept compressed flammable gas containers; radioactive materials;
explosives or potentially shock sensitive materials; biological, etiologic, and infectious
materials; wastes from businesses; and any other wastes that Fort Worth has determined
are unacceptable.
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B. Fort Worth will employ or retain personnel to provide the services necessary to perform
Fort Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of
household hazardous waste, which is collected at the ECC.
D. Fort Worth will, if requested in writing by Participating Governmental Entity, provide
Participating Governmental Entity with copies of waste manifests for shipments of waste
from the ECC.
E. Fort Worth will issue a report and a bill NCTCOG at the end of each quarter detailing the
number of Participating Governmental Entity's households that disposed of household
hazardous waste at the Environmental Collection Center or at a mobile collection event.
F. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
G. Mobile Collection Events—Using Fort Worth's Unit
1. If Participating Governmental Entity/County would like to schedule a
mobile collection event with the Fort Worth Mobile Collection Unit, Fort
Worth will send Participating Governmental Entity a list of available
dates. Participating Governmental Entity will contact Fort Worth as soon
as possible to schedule the date, time and location agreeable to both
parties.
(a) Location
If Participating Governmental Entity chooses to hold the Mobile
Collection Event on private property, Participating Governmental
Entity shall obtain a signed waiver from the owner of the property
one (1)week prior to the event. The waiver shall be in the form of
Exhibit A or similar form approved by Fort Worth. The signed
waiver must be sent to Fort Worth one (1) week before the Mobile
Collection Event. If the signed waiver is not sent to Fort Worth one
(1) week before the Mobile Collection Event, Fort Worth will not
send the Fort Worth Mobile Collection Unit to the event and
Participating Governmental Entity will, in no event, be entitled to
any damages of recovery of any costs, except as provided herein.
(b) Available Dates
Participating Governmental Entity acknowledges that Fort Worth
contracts with other municipalities and counties and that Fort
Worth will be accommodating each NTCOG/Participating
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Governmental Entity's request on a first come first served basis.
Therefore, Participating Governmental Entity acknowledges that .
its chosen date to schedule a mobile collection event may be
reserved by another City and Participating Governmental Entity
will have to then choose another date. Participating Governmental
Entity will, in no event, be entitled to any damages or recovery of
any costs, except as provided herein.
2. At the Mobile Collection Event, Participating Governmental Entity acknowledges
and agrees that Fort Worth shall accept household hazardous waste from the first
50 households that show proof of residency at the Mobile Collection Event. After
the first 50 households, Fort Worth will determine in its sole discretion how much
more waste it can accept and store properly. If more households arrive at the
event than Fort Worth can accept, Participating Governmental Entity will in no
event be entitled to any damage of recovery of any costs, except as provided
herein.
3. Due to the lack of storage space at the ECC, Participating Governmental Entity
acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit
at a mobile collection event, a Participating Governmental Entity's Non-Fort
Worth Mobile Collection Unit shall not also be at the event.
4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile
Collection Unit to Participating Governmental Entity's Collection Event during
adverse weather or the threat of adverse weather including but not limited to sleet,
snow, rain, mist or hail. In the event Fort Worth determines not to send the Fort
Worth Mobile Collection Unit,Fort Worth shall notify persons listed in Section 5,
Paragraph A and shall send a Fort Worth employee to the Participating
Governmental Entity's event to tell any residents that come to dispose of
household hazardous waste: 1) that the Fort Worth Mobile Collection Unit will
not be coming to the event, and 2) whether that the resident can go to the ECC to
dispose of the waste.
5.
DUTIES OF PARTICIPATING GOVERNMENTAL ENTITY
Participating Governmental Entity agrees to perform the following duties in connection with the
household hazardous waste collection program:
A. Participating Governmental Entity will designate one of its employees, and another as an
alternate, to act as its household hazardous waste collection coordinator to interact with
Fort Worth.
Designated person is: Bruce Turner telephone number: A5-It-31)-7- s!Pager number or 24-hour number where he or she can be reached: 8 0 59S-Io 2-
Environmental
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'NCITY
Alternate person is Jody Butler telephone number: A S"4 -S 9 2 3
Pager number or 24-hour number where he or she can be reached: g spy- 3,it -at,3!Z
B. Participating Governmental Entity will coordinate and fund all program advertising
targeted to its own citizens, as it deems necessary. Such advertising shall include the type
of wastes that will be accepted at the ECC, the requirement of proof of residency and
weather cancellation information. The funds for such administration of the program shall
be coordinated with the North Central Texas Council of Governments.
C. Participating Governmental Entity shall utilize a voucher system through NTCOG for its
residents in order for them to bring HHW to the ECC. Participating Governmental Entity
shall provide Fort Worth with a copy of the official voucher given through NTCOG. In
addition, if a citizen from a Participating Governmental Entity comes to the ECC or a
mobile collection event without a valid voucher, Participating Governmental Entity
acknowledges and agrees that Fort Worth will not accept the household hazardous waste
until NTCOG authorizes the acceptance in writing.
D. Participating Governmental Entity shall provide traffic control and signage for the mobile
collection events, and shall provide personnel to assist Fort Worth with the survey and
screening of persons dropping off household hazardous waste. The parties prior to the
event shall agree upon the details of the traffic control, signage, and personnel assistance.
6.
USE OF WASTE DISPOSALiRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS
WASTE
A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of
household hazardous waste, which is collected at the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for
the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a
disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth
and participating governmental entities against any and all environmental damages and
the violation of any and all environmental requirements resulting from the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or recycling of
waste collected pursuant to this agreement, when said environmental damages or the
violation of said environmental requirements was the result of any act or omission of
contractor, its officers, agents, employees, or subcontractors, or the joint act or omission
of contractor, its officers, agents, employees, or subcontractors and any other person or
entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE
REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL
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NOT RELIEVE PARTICIPATING GOVERNMENTAL ENTITY OF LIABILITY
FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will
arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it
deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A., From time-to-time Fort Worth will make available to residents and businesses of Fort
Worth, as well as, Participating Governmental Entity and residents and businesses of
Participating Governmental Entity for their use, collected household hazardous waste
materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze.
Fort Worth shall not charge for any materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by Fort
Worth prior to being made available. Used antifreeze will have been consolidated in a
barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel.
C. In regards to materials accepted by Participating Governmental Entity, FORT WORTH
MAKES NO REPRESENTATIONS,WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
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 persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
D. Participating Governmental Entity shall contact the ECC program manager to arrange a
pickup time to obtain materials. Participating Governmental Entity agrees that it shall not
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r:.
return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth
under this paragraph.
E. IN REGARDS TO ' MATERIALS ACCEPTED BY PARTICIPATING
GOVERNMENTAL ENTITY, PARTICIPATING GOVERNMENTAL ENTITY,
SUBJECT TO THE PROVISIONS OF THE TEXAS TORT CLAIMS ACT, DOES
HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABIIJTY
CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT
WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS,
AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES,
FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES
OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON
OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY,
OR LOSS OF USE OF ANY PROPERTY , OCCASIONED BY THE
TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY
PARTICIPATING GOVERNMENTAL ENTITY OF ANY MATERIALS
ACCEPTED BY PARTICIPATING GOVERNMENTAL ENTITY UNDER THIS
AGREEMENT FROM FORT WORTH.
F. In regards to materials accepted by residents or businesses of Participating governmental
entities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR
GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
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 persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
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i u j it i C
G. Participating Governmental Entity shall attempt to inform its residents and businesses
that if they go to the Environmental Collection Center to pick up household hazardous
waste for reuse, a release of liability must be signed to accept the household hazardous
waste for reuse.
8.
RIGHT TO REFUSE WASTE
Participating Governmental Entity agrees that Fort Worth shall have the right to refuse to accept
waste at the ECC from Participating Governmental Entity's resident and to eject such individual
from the premises of the ECC, if in the reasonable judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that
have been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a
resident of Participating Governmental Entity;
D. Participating Governmental Entity has implemented a voucher system for its residents to
dispose of waste, and the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at the
ECC.
9.
COMPENSATION
Payment for all services provided by the City of Fort Worth will be paid by the North Texas
Council of Governments under a separate agreement for the Western Rural/Underserved
Household Hazardous Waste Collection Pilot Project.
10.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL
MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of"Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie,
"Scrub," and "Van Goo") and the recycling buddies ("Scrappy," "Juggles," and "Cana
Nana") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights
belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary
of State.
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A. Fort Worth hereby grants to Participating Governmental Entity a non-transferable, non-
exclusive license to use all the artwork and promotional materials that may be provided
by FortWorth to be used solely in the conduct of the business of Participating
Governmental Entity's disposal and recycling of household hazardous waste programs. If
Participating Governmental Entity wishes to use Licensed Art and/or Promotional
Materials in other limited situations, Participating Governmental Entity must first obtain
express written consent from Fort Worth.
B., Fort Worth may provide licensed Artwork and Promotional Materials to Participating
Governmental Entity pursuant to the terms of this Agreement. Participating
Governmental Entity acknowledges that by virtue of this License, Participating
Governmental Entity acquires only the right to use the original and permitted duplicate
copies of the Licensed Artwork and Promotional Materials and does not acquire any
rights of ownership in the Licensed Artwork and Promotional Materials, which rights
shall remain exclusively with Fort Worth. If Participating Governmental Entity wants to
modify or change the artwork and/or promotional materials in any manner, Participating
Governmental Entity hereby agrees to contact Fort Worth in writing to obtain written
consent before modifying or changing any artwork and/or promotional materials.
C. If Participating Governmental Entity desires an actor to portray "Captain Crud" for an
event, Participating Governmental Entity shall use actors approved by Fort Worth to
portray "Captain Crud" since "Captain Crud" is owned by Fort Worth. Participating
Governmental Entity shall be solely responsible for compensating actor for the services
provided to Participating Governmental Entity. Participating Governmental Entity will
contact Fort Worth as soon as possible with the date and time of the event agreeable to
both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" costume;for its events. Fort Worth will provide the "Captain Crud"
costume. However, Participating Governmental Entity agrees to be liable to Fort Worth
for any damage to the costume or if Participating Governmental Entity fails to return the
entire costume to Fort Worth or if the costume is not returned in the same condition as
received.
DvIMUNffY
11.
It is expressly understood and agreed that, in the execution of this Agreement, none of the
participating governmental entities waives, nor shall be hereby deemed to waive, any immunity
or defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions, and that the services described in this Agreement are a
governmental function.
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12.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused
to the extent that the delay or failure to perform resulted from a force majeure event, and the
delay or failure was beyond the control of Fort Worth and not due to its fault or negligence.
Participating Governmental Entity shall not have, and hereby waives, any claim whatever for any
damages resulting from delays or failure to perform caused by a force majeure event.
13.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without
cause,.upon thirty (30) days written notice to the other party with a copy to NTCOG. Upon
termination, the parties shall be released from all contractual obligations to the other party
excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD
HAZARDOUS WASTE" (Paragraph 6) "REUSE OF COLLECTED MATERIALS" (Paragraph
7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL
MATERIALS LICENSE AGREEMENT' (Paragraph 11).
14.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Brian Boerner, CBMK Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating Governmental Entity;
Walter Maynard, County Judge
P.O. Box 851
206 Elm Street
Glen Rose, Texas 76043
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.7
15.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other
oral or written commitments shall have any force or effect if not contained herein, except that
this Agreement may be amended or modified by the parties if such amendment or modification is
in writing and signed by Participating Governmental Entity and Fort Worth.
16.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
17
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of
this Agreement, venue for said action shall be in Tarrant County, Texas.
18.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials and
have the necessary authority to execute this Agreement on behalf of the parties hereto, and each
party hereby certifies to the other that any necessary resolutions extending such authority have
been duly passed and are now in full force and effect.
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SIGNATURE PAGE FOR WHHWIIVTCOG
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH COUNTY OF SOMERVELL
B.y: By:
Li y Watso Printed name: Walter May and
Assistant City Managed Title: County Ju ge
Dater l' 0�, Date: 02 / ?.OoS'.
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY: AND EGALITY:
Ll
.�
Assistant CitY Attorney County Attorney
ATTEST: ATTE T:
C2�
4
Marty Hendrix QS County/District Cler
Acting City Secretary
Contract authorization
Date
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Exhibit "A"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I, being the owner of property located at
have been asked by the County of Somervell to allow a mobile collection event on my property
to collect household hazardous waste on the day of ' 2005. I hereby
give my permission to the County of Somervell to hold a household hazardous waste collection
event on my property in which the County of Somervell has asked the City of Fort Worth to send
its mobile collection unit to collect the household hazardous waste that is brought to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARN KESS, INDEMNIFY the City of
Fort Worth or its officers, agents, and employees and the County of Somervell and its officers,
agents, and/or employees for any and all claims, demands, liability, causes of action, actions or
suits of any character that I may have against the City of Fort Worth or its officers, agents, and/or
employees and the County of Somervell or its officers, agents, and/or employees for any
property loss or damage, for any and all personal injury including death or any other damage of
any kind or character which may arises or that arises from allowing the County of Somervell to
hold a household hazardous waste collection event, in which the City of Fort Worth sends its
mobile collection unit on my property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not
been influenced in any extent whatsoever by any representation or statements not contained in
this Agreement.
Signature Date
Witness
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/28/2004
DATE: Tuesday, September 28, 2004
LOG NAME: 521NTERLOCALECC REFERENCE NO.: **C-20304
SUBJECT:
Approval of Interlocal Agreements with Various Municipalities for Participation at the Environmental
Collection Center
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute interlocal agreements with
various municipalities/entities for their participation at the Environmental Collection Center.
DISCUSSION:
The City's Environmental Collection Center is now in it's seventh year of operation collecting household
hazardous waste from the citizens of Fort Worth and surrounding communities on a year-round basis. In
order for NON-Fort Worth citizens to participate at the center, each municipality is required to enter into an
interlocal agreement with the City of Fort Worth.
The rate per household for the period covered by these agreements (October 1, 2004 through September
30, 2005) is $40.00. The decrease in the rate is due to receipt of a grant from the North Central Texas
Council of Governments that will provide $165,000 for disposal costs during FY 2004-05. It is anticipated
that approximately $480,560 will be collected under these agreements. During FY 2003-04, twenty-eight
(28) area communities signed participation agreements with the City of Fort Worth. For the upcoming year,
the City expects all of those to participate and have already had interest expressed by other cities.
This agreement outlines the responsibilities of each party, establishes the rate for participation, and
delineates the usage of service marked public education material. The City of Fort Worth is responsible for
overall operation of the center including. contracting with a hazardous waste disposal company for
transportation and disposal of materials collected. The following entities currently participate or have
expressed an interest in participating ( indicated by an asterisk *) for the period October 1, 2004 through
September 30, 2005:
Arlington Euless Keller Trophy Club
Azle Everman* Mansfield Un-incorporated Tarrant County
Bedford Flower Mound* Newark Upper Trinity Regional Water District
Benbrook Godley* North Richland Hills Tarrant Regional Water District
Burleson Grand Prairie Richland Hills Watauga
Cedar Hill Grapevine River Oaks Westlake*
Cleburne Haltom City Roanoke* Westover Hills*
Colleyville Haslet* Saginaw Willow Park*
Crowley* Hurst Southlake White Settlement
Edgecliff Village* Johnson County* Stephenville
Lognarne: 521NTERLOCALECC Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmental Management Department will collect the funds due
under these agreements.
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 488220 0821100 $480,560.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Brian Boerner(6647)
Logname: 521NTERLOCALECC Page 2 of 2