HomeMy WebLinkAboutContract 32541 CITY SECRETAR'YP
CONTRACT NO.
INTERLOCAL 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 Tarrant County, situated in Tarrant County, Texas, for services in Unincorporated Tarrant
County hereinafter called "County" acting herein by and through Tom Vandergriff its duly
authorized County Judge as directed by the Commissioners Court of Tarrant County, Texas,
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal
cooperation agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract
with another to perform governmental functions and services, and §791.003(3)(H) defines waste
disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree
with another local government to purchase services; and
WHEREAS, Fort Worth and County desire to enter into an interlocal agreement whereby Fort
Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a
household hazardous waste collection program within Unincorporated Tarrant County; and
WHEREAS, Fort Worth and County mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
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.
County means Tarrant County, Texas.
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 cities' 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 unmatured, 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 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 tlie' 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
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CITY 61��`71R?Y
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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 maieure 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 of household hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by
a consumer which, except for the exclusion provided for in 40 CFR § 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 TNRCC
to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste
for waste transported to a site in Texas;'dt'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 County
utilizing a mobile collection unit.
Fort Worth Mobile collection unit (MCU) means a non-self-propelled vehicle used for the
periodic collection of household hazardous waste from Unincorporated Tarrant County
by County, 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 Cities, when used in the plural, means Fort Worth, Unincorporated Tarrant
County, and all other entities which have entered into interlocal 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.
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DOT- United States Department of.Transportation.
ECC - Environmental Collection Center.
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.
2.
PURPOSE
The purpose of this interlocal agreement (hereafter"Agreement") is the provision of services by
Fort Worth to County 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 Unincorporated Tarrant County.
3.
TERM
This Agreement shall be effective from the date the last party has signed this Agreement
through September 30, 2006.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Unincorporated Tarrant County in
connection with the ECC household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program.
This program will include the operation of the Environmental Collection Center, which
will accept for disposal and/or recycling household hazardous waste from households
located within Unincorporated Tarrant County. 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.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform
Fort Worth's obligations in this Agreement.
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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 County, provide County with copies of waste
manifests for shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by County, provide County a monthly report of the
households in Unincorporated Tarrant County who disposed of household hazardous
waste at the Environmental Collection Center or a Mobile Collection Event.
F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of
households in Unincorporated Tarrant County that disposed of household hazardous
waste at the Environmental Collection Center or at a mobile collection event.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Non-Fort Worth Mobile Collection Unit
1. Fort Worth agrees to accept household hazardous waste from County's MCU in
accordance with Section 5, of this Agreement.
2. Fort Worth agrees to restock the items it removes from County's MCU, however,
Fort Worth shall only restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
I. Mobile Collection Events—Using Fort Worth's Unit
1. If County would like to schedule a mobile collection event with the Fort Worth
Mobile Collection Unit, Fort Worth' Will send County a list of available dates.
County will contact Fort Worth as soon as possible to schedule the date, time
and location agreeable to both parties.
(a) Location
If County chooses to hold the Mobile Collection Event on private property,
County shall obtain a signed waiver from the owner of the property 1
week prior to the event. The waiver shall be in the form of Exhibit B or
similar form approved by Fort Worth. The signed waiver must be sent to
Fort Worth 1 week before the Mobile Collection Event. If the signed
waiver is not sent to Fort Worth 1 week before the Mobile Collection
Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to
the event and County will, in no event, be entitled to any damages of
recovery of any costs, except as provided herein.
(b) Available Dates
County acknowledges that Fort Worth contracts with other municipalities
and that Fort Worth will be' accommodating each Participating City's
request on a first come first served basis. Therefore, County
acknowledges that its'chosen date to schedule a mobile collection event
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may be reserved by another City and County will have to choose another
date. County will, in no event, be entitled to any damages or recovery of
any costs, except as provided herein.
2. At the Mobile Collection Event, County acknowledges and agrees that Fort Worth
shall accept household hazardous waste from the first 50 households that show
proof of residency in Unincorporated Tarrant County 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, County 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, County acknowledges and agrees
that if it requests the Fort Worth Mobile Collection Unit at a mobile collection
event, a County 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 County'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 County's event to tell any residents of
Unincorporated Tarrant County 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) that the resident can go to the ECC to dispose of the waste and
provide a map to the ECC.
5.
DUTIES OF COUNTY
County agrees to perform the following duties in connection with the household hazardous
waste collection program in Unincorporated Tarrant County:
A. County will designate one of its employees, and another as an alternate, to act as its
household hazardous waste collection coordinator for Unincorporated Tarrant County to
interact with Fort Worth.
Designated person is: Robert Berndt
Pager number or 24-hour number where he or she can be reached: 817-319-8473
Alternate person is Renee Lamb
Pager number or 24-hour number where'he'or she can be reached: 817-991-2194
B. County will coordinate and fund all program advertising targeted to its residents in
Unincorporated Tarrant County, 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.
C. County shall notify its residents in Unincorporated Tarrant County of the ECC hours of
operation and dates it is closed as provided in Section 9 "The Environmental Collection
Center Hours of Operation."
D. County may choose to utilize a voucher system for its residents in Unincorporated
Tarrant County in order for them to bring ,HHW to the ECC. If County chooses to use
such a system, it shall notify Fort Worth of the decision, and shall provide Fort Worth
with a copy of the official voucher. In addition, if a citizen from Unincorporated Tarrant
County that utilizes a voucher system comes to the ECC or a mobile collection event
without a voucher, County acknowledges and agrees that Fort Worth will not accept the
household hazardous waste until County authorizes the acceptance in writing.
E. County may submit a written request for a monthly report listing the number of the
households in Unincorporated Tarrant County that have disposed of household
hazardous waste at the ECC or a mobile collection event.
F. County 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.
G. County's Mobile Collection Units Collectin4 Household Hazardous Waste
1. County shall advise the ECC program manager at least 72 hours in advance of
its mobile collection events. County shall collect only HHW during a mobile
collection event. Wastes from commercial, agricultural, and industrial sources
shall not be accepted. County shall not accept compressed flammable gas
containers; radioactive materials; explosives or potentially shock sensitive
materials; biological, etiologic, and infectious materials; and any other wastes
that Fort Worth has determined are unacceptable.
2. In accordance with the latest DOT requirements, County's MCU operators will
properly categorize, package, mark, label, and load into the MCU, all wastes
received at the mobile collection event. Recyclable products (used oil, used oil
filters, latex paint, recyclable anti-freeze, lead-acid batteries, and fluorescent
lights)will be segregated into containers for recyclables.
3. After accepting wastes, County's MCU operators shall thoroughly check each
container for proper labeling and identification. If a container is properly
identified, the material will be segregated according to hazard class and prepared
for packaging. If a container does not have adequate labeling to permit
identification, the MCU operators 'shall then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.
4. The County's MCU operators shall package all hazardous materials in
accordance with United States Department of Transportation (DOT)
requirements, United States Environmental Protection Agency (EPA)
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requirements, and all other applicable federal and state requirements. After all
the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the container content sheets,
and pack them into drums. Oil-based paints and latex paints shall be bulked
separately in 55-gallon drums, or if the paint is left in its container, the paint can
be packed in a lined cubic yard box,-and packed and labeled according to federal
and state regulations. County shall not transport waste that is not HHW to the
ECC. County agrees to make its own arrangements to dispose of any non-HHW
waste collected at the event.
5. Prior to transporting the HHW from the collection event site(s), County's MCU
operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the
cab of the truck hauling the MCU during transportation of the HHW to the ECC.
County shall require that a minimum of one copy of the latest North American
Emergency Response Guidebook be kept within the cab of the truck.
6. During transportation, County's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
7. Upon the return of the MCU to the ftt, County's MCU operators shall follow the
instructions of Fort Worth regarding 'the placement of the MCU for unloading.
Fort Worth shall take possession'of the MCU from County after the MCU has
been properly parked for unloading in accordance with Fort Worth's instructions
and all required documents have been delivered to the ECC program manager or
his designee at the ECC. Fort Worth shall, within a reasonable amount of time,
unload the HHW from the non-Fort Worth MCU and store the HHW at the ECC.
8. If Fort Worth, in its sole discretion, determines that County's MCU operators
improperly packaged any of the HHW delivered to the ECC, Fort Worth shall
repackage such waste, and County shall reimburse Fort Worth as set forth in
Section 10., Paragraph B.
9. If a spill occurs at the ECC while the MCU is still in County's possession, Fort
Worth shall take control of the spill response and County will reimburse Fort
Worth for its response costs as set forth in Section 10., Paragraph C.
6.
USE OF WASTE DISPOSAURECYCLING FIRMS FbR 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 County against any and all environmental damages and the violation of any and all
environmental requirements resulting from the handling, collection, transportation,
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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 NOT RELIEVE
COUNTY 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, residents and businesses of Unincorporated Tarrant County 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 County, 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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D. County shall contact the ECC program manager to arrange a pickup time to obtain
materials. County agrees that it shall not return to Fort Worth, directly or indirectly, any
materials it obtains from Fort Worth under this paragraph.
E. IN REGARDS TO MATERIALS ACCEPTED BY COUNTY, COUNTY DOES HEREBY
WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY 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
COUNTY OF ANY MATERIALS ACCEPTED BY COUNTY UNDER THIS
AGREEMENT FROM FORT WORTH.
F. In regards to materials accepted by residents or businesses of Unincorporated Tarrant
County, 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.
G. County shall attempt to inform its residents and businesses of Unincorporated Tarrant
County 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
County agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from
County's residents of Unincorporated Tarrant County 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 Unincorporated Tarrant County;
D. County 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.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECUs hours of operation are as follows:
Thursday and Friday 11,:00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the Agreement, the ECC will be closed on the following days:
Thanksgiving Holiday, November 24 -25, 2005
Christmas Holiday, December 26, 2005
New Year's Eve, December 30-31, 2005
M.L.K. Day January 16, 2006
Memorial Day, May 29, 2006
Independence Day, July 4, 2006
Labor Day, September 4, 2006
C. Notifying Residents
County agrees to notify its residents in Unincorporated Tarrant County of the ECC's hours of
operation and dates it will be closed. County- may advertise the 24-hour Environmental
Collection Center telephone number to give its residents in Unincorporated Tarrant County the
Environmental Collection Center's hours. The number is: (817) 871-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. County agrees to pay Fort Worth the sum of$ 40.00 per household per visit to the ECC
or per household for participation in a Mobile Collection Event to dispose of household
hazardous waste.
B. If Fort Worth determines that County's MCU operators improperly packaged any of the
HHW delivered to the ECC, Fort Worth shall repackage such waste, and County shall
reimburse Fort Worth for it staff time at$20.00 an hour and the cost of supplies.
C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in County's
possession, Fort Worth shall take control of the spill response and County will reimburse
Fort Worth for its response costs of$60.00 per hour staff time and the cost of supplies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A,
B, and C, shall be billed to County quarterly. County shall pay Fort Worth within 30 days
of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30
days, Fort Worth shall inform County in writing that it will not accept any household
hazardous waste from residents of Unincorporated Tarrant County and that Fort Worth
will not participate in a mobile collection event or provide a mobile collection unit until
paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
County, which will include the total number of households in Unincorporated Tarrant
County which participated in the program, repackaging fees, if any, and the total cost of
spill response charged to County, if any.
F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to
Fort Worth under Subparagraph D. above shall be paid from revenues currently
available to County in the present fiscal year.
11.
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.
A. Fort Worth hereby grants to County a non-transferable, non-exclusive license to use all
the artwork and promotional materials that may be provided by Fort Worth to be used
solely in the conduct of the business of County's disposal and recycling of household
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hazardous waste programs in Unincorporated Tarrant County. If County wishes to use to
Licensed Art and/or Promotional Materials ,in other limited situations, County must first
obtain express written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to County pursuant
to the terms of this Agreement. County acknowledges that by virtue of this License,
County 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 County wants to modify or change the artwork and/or
promotional materials in any manner, County hereby agrees to contact Fort Worth in
writing to obtain written consent before modifying or changing any artwork and/or
promotional materials.
C. If County desires an actor to portray "Captain Crud" for an event, County shall use
actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned
by Fort Worth. County shall be solely responsible for compensating actor for the services
provided to County. County 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, County agrees to be liable to Fort Worth
for any damage to the costume or if County fails to return the entire costume to Fort
Worth or if the costume is not returned inth'e same condition as received.
12.
IMMUNITY
County hereby expressly waives any and all protections it may be afforded as a political
subdivision of the State of Texas under the doctrine of governmental or sovereign immunity.
The County does this as consideration for the City's offer to enter into the subject contract with
the County. The County realizes and states that it intends for this waiver to be a waiver of
immunity from suit and liability.
13.
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.
County 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.
14.
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. Upon termination, the parties shall
be released from all contractual obligations to the other party excluding "USE OF WASTE
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DISPOSAURECYCLING 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).
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to County:
G.R.Maenius
Tarrant County
County Administrator
100 E. Weatherford st.- Room 404
Fort Worth, T% 76196
16.
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 can be amended or modified by the parties if such amendment or modification is
in writing and signed by County and Fort Worth.
17.
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.
18.
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.
14
o .
19.
AUTHORITY
This Agreement is made for Fort Worth and County as an Interlocal Agreement, pursuant to
Texas Government Code, Chapter 791.
20.
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.
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH TAR"AN'T C OUN 1 T
13y: By:-�L -- - - - -- -----
Tom Vandergriff,
County)udge
Li y Watso Date:-----� � --
Assistant City Manager
Date: 2,f" GY)
APPROVED AS O FORM=
APPROVED AS TO FORM
AND LEGALITY:
Assistant strict Attorney
AssistanVcity Attorney *By law, the District Attorney's office
may only advise or approve contracts
or legal documents on behalf of its
clients. It may not advise or approve a
ATTEST: contract or legal document on behalf
of other parties. Our review of this
fN-\ document was conducted solely from
the legal perspective of our client. Our
Marty Hendrix approval of this document was offered
City Secretary solely for the benefit of our client. Other
parties should not rely on this approval
/�I 01-P
and should seek review and approval by
011 their own respective attorney(s).
Contract authorization
d
�at
Date �toffice
15
Certification of],-u n�$
for the Amount o $ �
16
b .
Exhibit"A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount Restocked Special Needs Remarks
55 gallon open top Amount taken off the
drums (open top for trailer
loosepacks)
55 gallon drums Amount taken off the
(closed top) (oil, trailer
antifreeze, bulk
flammable materials
and one extra
Fiber drums (55 or 30
gallon)Aerosols, Amount taken off the
acids, bases and trailer
oxidizers
Gaylord box liners
(plastic) Amount taken off the
trailer
55 gallon drum liners
Amount taken off the
trailer
5 gallon buckets
(filters/haz chemicals) Amount taken off the
trailer _
Survey Forms
Amount taken off the
trailer
Labels/drum placard
Amount taken off the
trailer
Gaylord boxes
Amount taken off the
trailer
Absorbent pads
Amount taken off the
trailer
Vermiculite
Amount taken off the
trailer
Oil dry
Amount taken off the
trailer
Promotional Materials
& Brochures Amount needed
17
Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at
have been asked by Tarrant County to allow a mobile collection event on my property to collect
household hazardous waste on the , 20_. 1 hereby give my permission to
Tarrant County and the City of Fort Worth to hold a household hazardous waste collection event
on my property in which Tarrant County 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, in consideration of , I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth, its officers, agents, and
employees and Tarrant County 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, its officers, agents, and/or employees and Tarrant County, 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 Tarrant County 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
18
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/11/2005
DATE: Tuesday, October 11, 2005
LOG NAME: 52PARTCITIES REFERENCE NO.: **C-21079
SUBJECT:
Authorize Execution of Interlocal Agreements with Various Municipalities for the Collection of
Household Hazardous Waste
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute interlocal agreements with
various municipalities/entities for their participation with the Environmental Collection Center for the
collection of Household Hazardous Waste.
DISCUSSION:
The City's Environmental Collection Center is now in it's eighth 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
annual interlocal agreement with the City of Fort Worth.
The rate per household for the period covered by these agreements (October 1, 2005, through September
30, 2006) is $40.00. It is anticipated that approximately $563,040.00 will be collected under these
agreements. During FY 2004-05, 29 area communities signed participation agreements with the City of
Fort Worth. For the upcoming year we expect all 29 communities to participate; other cities have also
expressed interest in participating.
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 have expressed an interest (*) or
may commit to participation for the period October 1, 2005 through September 30, 2006:
Arlington Azle Bedford
Benbrook Bridgeport* Burleson
Cedar Hill Cleburne Colleyville
Crowley* Edgecliff Village Euless
Grand Prairie Grapevine Haltom City
Hurst Johnson County* Keller
Mansfield Newark North Richland Hills
Richland Hills River Oaks Saginaw
Southlake Stephenville Trophy Club
Un-incorporated Tarrant County Upper Trinity Regional Water District
Tarrant Regional Water District Watauga
Westworth Village
Logname: 52PARTCITIES Page I of 2
FISCAL INFORMATIONICERTIFICATION:
'The Finance Director certifies that the Environmental Management Department will collect the funds due
under these agreements.
TO Funid/Account/Centers FROM Fund/Account/Centers
R103 494100 0521100 $0.00
Submitted for City Manager's Office b Libby Watson (6183)
Originating Department Head: Brian Boerner(6647)
Additional Information Contact: Brian Boerner(6647)
Logname: 52PARTCITIES Page 2 of 2