HomeMy WebLinkAboutContract 31081t`iiY �ECRE7'���'
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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 b and throf-�gh Charles Boswell, its duly authorized Assistant City
Manager, and City of �CiYI 1 e(4 , a municipality situated in Tarrant Coun y, Texas,
hereinafter called "Participat ng Ci ," ctin herein by and through �i12 � 5
its duly authorized � � �� o �S �1- � ���, ,
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 funcfions 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 Participating City 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; and
WHEREAS, Fort Worth and Participating City 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 Ladinq 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
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that have been brought to the facility by participating cities' households for subsequent
recycling, disposal, and/or reuse.
Environmental damaqes means all claims, judgments, damages, losses, penaifies, 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 subsequenf to the execution of this Agreement as a result of the
handling, collection, transportaiion, 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 enviror�mental 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 subdi�ision, 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 pofitical 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, surtace water, groundwater, storm
water, or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposai, transport, or handling of pollutants, contaminants, or
hazardous or toxic substances, materials, or wasfes, whether solid, liquid, or
gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of
empioyees 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 Worfh'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 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 collecfion event means a household hazardous waste collection event by
Participating City utiiizing a mobile coflecfion unit.
Fort Worth Mobile collection unit (MCU) means a non-self-propelled vehicle used for the
periodic collection of household hazardous waste by Participating City, 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.
Participatinq Cities, when used in the plural, means Fort Worth, Participating City, and alt
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 �esponse, Compensation, and Liabi(ity 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.
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by
Fort Worth to Participating City whereby, subject to the terms and conditions specified below,
Fort Worth will administer and supervise a region�l household hazardous waste collection
program, which will be available to households within Participafing City.
3.
TERM
This Agreement shall be effective from the date the last party has signed this agreement
through September 30, 2005.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City 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 Participating City. Fort Worth shall nof 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.
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.
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D. Fort Worth will, if requested in writing by Par�icipating City, provide Participating City with
copies of waste manifests for shipments of wasfe from the ECC.
E. Fort Worth wili, if requested in writing by Participating City, provide Participating City a
monthly report of the Participating City's households 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
Participating City's households 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 Participating City's
MCU in accordance with Section 5, of this Agreement.
2. Fort Worth agrees to restock the items it removes from Participating City's MCU,
however, Fort Worth shall only restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
Mobile Collection Evenfs —Usinq Fort Wo�th's Unit
If Participating City would fike to schedule a mobile collection event with
the Fort Worth Mobile Collection Unit, Fort Worth will send Participafing
City a list of avaifable dates. Participating City will contact Fort Worth as
soon as possible to schedule the date, time and location agreeable to
both parties.
(a) Location
If ParEicipating City chooses to hold the Mobile Collection Event on
private property, Participating City 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 B 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 Collecfion Unit to the event and Participating City will, in no
event, be entitled to any damages of recovery of any costs, except
as provided herein.
(b) Available Dates
Participating City acknowledges that Fort Worth contracts with
other municipalifies and that Fort Worth will be accommodating
each Participating City's request on a first come firsf served basis.
Therefore, Participating City acknowledges that its chosen date to
schedule a mobile collection event may be reserved by another
City and Participating City will have to then choose another date.
Participating City wiil, in no event, be enfitled to any damages or
recovery of any costs, except as provided herein.
2. At the Mobile Collection Event, Participating City 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 if can accept and store properly. (f more households arrive at the evenf
than Fort Worth can accept, Participating City will in no event be entitled ta any
damage of recovery of any costs, except as provided herein.
3. Due to the lack of storage space at the ECC, Participating City acknowledges
and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile
collection event, a Participating City'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 City's Collection Event during adverse weather or
the threat of adverse weather including but not limited to sieet, snow, rain, mist or
hail. In the event Fort Worth determines not to �end the Fort Worth Mobile
Co(fection Unit, Fort Worth shafl notify persons fisted in Secfion 5, Paragraph A
and shall send a Fort Worth employee ta the Participating City'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) that the
resident can go to the ECC to dispose of the waste and provide a map to the
ECC.
5.
DUTIES OF PARTICIPATING CITY
Par�icipating City agrees to perform the following duties in connection with the household
hazardous waste �ollection program:
A. Participating City 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: �'J�2 6{u �G,Vt�12i'� telephone number: 5�7. a7(o. �865
Pager number or 24-hour num er where he or she can be reached: 8f'i 3d 3• 3?39
Alternate person is __��pr- telephone number. �17 "oi7�. �i2�66
Pager number or 24-hour nu ber here he or she can be reached: 8.r`T o��4. q�9�
B. Participating City will coordinate and fund all program advertising targeted to its own
citizens, as it deems necessary. Such advertising shall include fihe type of wastes that
wiil be accepted at the ECC, the requirement of proof of residency and weather
cancellation information.
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C. Participating City shail
closed as provided i
Operation."
notify its residents of the ECC hours of operation and dates if is
� Sectron 9"The Environmental Coffection Center Hours of
D. ParEicipating City may choose to utilize a voucher system for its residents in order for
them to bring HHW to the ECC. If Participating City 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. (n addition, if a citizen from a Participating City that utilizes a voucher
system comes to the ECC or a mobile cof(ecfion event without a voucher, ParEicipating
City acknowledges and agrees that Fort Worth will not accept the household hazardous
waste until Participating City aufhorizes the acceptance in writing.
E. Participating City may submit a written request for a monthly report listing the number of
its city's households that have disposed of household hazardous waste at the ECC or a
mobile collection event.
F. Par�icipating City 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. Participatinq Citv's Mobite Collection Units Collectinq Household Hazardous Waste
Participating City shall advise the ECC program manager af least 72 hours in
advance of its mobile collection events. Participating City shall collect only HHW
during a mobile collection event. Wastes from comrnercial, agricultural, and
industrial sources shall not be accepted. Participating City shall not accept
compressed flammabfe gas containers; radioactive materia[s; 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, Par�icipaiing City's MCU
operators wi(I properly categorize, package, mark, labe(, and load into fhe NiCU,
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, Participating City's MCU operators shall thoroughly
check each container for proper labefing 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 fhen attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.
4. The Participating City's MCU opera(tors shall package al! hazardous materials in
accordance with United States Department of Transportation (DOT)
requiremenfs, United States Environmental Protection Agency (EPA)
requirements, and all other applicable federai and state requireme�ts. 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 buiked
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. Participating City shall not transport waste that is not HHW
to the ECC. Participating City 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), Participating City'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. Par�icipating City shall require that a minimum of one copy of the latesf
North American Emergency Response Guidebook be kept within the cab of the
truck.
6. During transportation, Participating City's MCU operators shall placard the MCU
far transportation of hazardous waste in accordance with federal and state law.
7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall
fot(ow the instructions of Fort Worth regarding the placement of the MCU for
unloading. Fort Worth shall take possession of the MCU from Participating City
after the MCU has been properly parked for unloading in accordance with Forf
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 Pariicipating City's MCU
operators improperly packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating City 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 Participating City's
possession, Fort Worth shall take control of the spill response and Participating
City will reimburse Fort Worth for its response costs as set forth in Section 10.,
Paragraph C.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposal/recyc(ing firm(s) for the
handfing, 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 confract(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 participaiing cities against any and all environmentai 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 TfiE FIRM (S) WILL BE REQUIREd
TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIE�lE
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAVV
AND STATE LAW. Fort Worth will arrange for recycling vendors for used oif, 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
Warth, as well as, Participating City and residents and businesses of Participating City
for their use, collected household hazardous waste maferials that are suifable 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 Worfh prior to being made available. Used anfifreeze 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 City, 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.
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FURTHERMORE, ALL WARRANTIES, EXPRESS AtdD If�iPLiED, ARE
SPECIFICALLY DENIED.
D. Participating City shall contact the ECC program manager to arrange a pickup time to
obtain materials. Participating City agrees that it sha11 not retum to Fort Worth, directly or
indirectly, any materials it obtains from Fort Worth under this paragraph.
E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATiNG CITY,
PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAtMS, 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 PRIi/ATE
CAPACITIES, FROM ANY AND /ALL LIABILITY, CLAIMS, SUITS, DEMANDS,
EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARfSE BY
REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAM�4GE TO
PROPERTY, OR LOSS OF USE OF ANY PROPERTY , OCCASIONED BY THE
TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY
PtkRTICIPATING CfTY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITI'
U(VDER THIS AGREEMENT FROM FORT WORTf-1.
F. In regards to materials accepted by residents or businesses of Participating Cities,
FORT WORTH MAKES NO REPRESENTATIOIdS, WARRANTIES OR GUARANTtES
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. Participating City 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 fiabifity must be signed to accept the household hazardous waste for reuse.
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8.
RIGHT TO REFUSE WASTE
Participating City agrees that Forf Worth shall have the right to refuse to accept waste at the
ECC from Participating City's resident and to eject such individual from the premises of the
ECC, if in the reasonable juclgment 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 identi�ication to establish that he/she is in fact a
resident of Participating City;
D. Participating City 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 ECC's 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 25-26 2004
Christmas Holiday, December 24-25, 2004
New Year's Eve, December 31, 2004
New Year's Day, January 1, 2005 .
M.L.K. Day January 17, 2005
Memorial Day, May 30, 2005
Independence Day, July 4, 2005
Labor Day, September 5, 2005
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will
be closed. Participating City may advertise the 24-hour Environmental Collection Genter
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telephone number to give its residents 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. Par�icipating City agrees to pay Fort Worth the sum of $ 40.00 per househoid 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 Participating City's MCU operators improperly packaged
any of the HHW delivered to the ECC, Fort Wor�h shall repackage such waste, and
Participating City shal� reimburse Fort Worth for it staff time at $20.00 an hour and the
cosf of supplies.
C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participating City's
possession, Fort Worth shall take control of the spill response and Participating City 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 Participating City quarterly. Participating City 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 Participating City in writing that it will not
accept any household hazardous waste from Participating City's residents 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 finai accounting to
Participating City, which will include the total number of Participating City's households
which participated in the prog�am, repackaging fees, if any, and the total cost of spill
response charged to Participating City, 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 Participating City in the present fiscal year.
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11.
ARTWORK, "CAPTAtN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie,
"Scrub," ancl "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 Participating City 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 Participating City's disposal and
recycling of household hazardous waste programs. If Participating City wishes to use to
Licensed Art and/or Promotional Materials in other limited situations, Participating City
must first obtain express written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City
pursuant to the terms of this Agreement. Participating City acknowledges thaf by virtue
of this License, Participating City 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 City wants to modify
or change the artwork and/or promotional materials in any manner, Participating City
hereby agrees to contact Fort Worth in writing to obtain written consent before modifying
or changing any artwork andlor promotional materials.
C. (f Participating City desires an actor to portray "Captain Crud" for an event, Participating
City sha(1 use actors approved by Fort Worth to portray "Captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating City shall be solely responsible for
compensating actor for the services provided to Participating City. Participating City 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 City agrees to be liable to Fort Worth for any damage to
the costume or if Par�icipating City fails to return the entire costume to Fort Worth or if
the costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the
participating cities waives, nor shall be hereby deemed to waive, any immunity or defense that
would otherwise be available to it against cfaims 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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13.
FORCE MAJEURE
A delay or failure of Fort Worth to pertorm services pursuant to this Agreement shall be excused
to the extent that the delay or failure to perform resuited 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 City 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 thir�y (30) days written notice to the other party. Upon termination, the parEies 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 PRONIOTIONAL 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 Participatinq Citv:
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 Participating City and Fort Worth.
14
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.
19.
AUTHORITY
This Agreement is made for Fort Worfh and Participating City 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.
15
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH
By:
, ,r+,: _ -
. ,
Charles Boswell
Assistant Cit Manager
Date: ..; r' �-'1
APPROVED AS TO FORM
AND LEGALITY:
1/���/'iI�GV���"�
Assistant City Attorney
ATTEST:
CITY OF
By:
Printed n�me: 5kc[ly Lctyiv�er5
Title: P t+�ct.l�trc o� awrl�cs a,uc� iZec.r�-rcn
Date: 12• b� 04
APPROVED AS TO FORM
AND LEGALITY:
; � �� • ��
'"' ���_�. � . ' � �,�
L," � �
Assistant ty Attorney
ATTEST:
e �/`, � � �
-���{_ _-�"- ! �� ��-'.f `�"':' ��
Ma�tI�Q Hendrix City Secretary
City Secretary
��, �.�.����,rr'���.
Contract authorization
�1 I,��� �� � C� ��
Date
16
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�:In 1 •., �. �.� yY�-�1. ,.�
�.I I L � ..�� � � 1 r�/ ��
`'IJCJ r� 1 i If ` 1� (� \i� �`
I
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLEC?iON UN17'
Material Amount Restocked Special Needs f2emarks
55 gallon open top Amount taken off the
drums (open top for trailer
toose packs)
55 gallon drums Amount taken off the
(closed top) (oil, trailer
antifreeze, bulk
flammab(e materials
and one extra
Fiber drums (55 or 30
gallon) Aerosols, Amount taken off the
acids, bases and trailer
oxidizers)
Gaylord box finers
(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
traifer
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 the City of to allow a
event on my property to collect household hazardous waste on the
I hereby give my permission to the City of to
hazardous waste collection event on my property in which
has asked the City of Fort Worth to send its
unit to collect the household hazardous waste that is brought to the event.
mobile coilection
, 20
hold a househoid
the City of
mobile collection
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort
Worth or its officers, agents, and employees and the City of
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 City of
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 al(owing the City of 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
fhis Agreement.
Signature Date
Witness
18
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 Environmentat 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
Azle
Bedford
Benbrook
Burleson
Cedar Hill
Cleburne
Colleyville
Crowley*
Edgecliff Village*
Euless
Everman*
Flower Mound*
Godley*
Grand Prairie
Grapevine
Haltom City
Haslet*
Hurst
Keller
Mansfield
Newark
North Richland Hills
Richland Hills
River Oaks
Roanoke*
Saginaw
Southlake
Johnson County* Stephenville
Trophy Club
Un-incorporated Tarrant County
Upper Trinity Regional Water District
Tarrant Regional Water District
Watauga
Westlake*
Westover Hills*
Willow Park*
White Settlement
Logname: 52INTERLOCALECC 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 0521100 $480.560.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
Brian Boerner (6647)
Brian Boerner (6647)
Logname: 52INTERLOCALECC Page 2 of 2