HomeMy WebLinkAboutContract 34153+ � ' __ : (' �� A ��I ��
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INTERLOCAL AGREEMENT FOR PARTICIPATIQN IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THI5 AGREEMENT is entered info by and between tMe City of Fort Worth, 7'exas, a home-rule
�municipai�corporation situated. in Tarrant and Denton Counfies, Texas, hereinafter called "Fort
Wortfi," acting her�in by and through Libby Ut/afson, its duly.authqrized Assistant City Manager,
and Tarrat�t County, situafed 'm Tarrant County, Texas, for services in Unincorporated Tarrant
County hereinafter calfed "County" �cting herein liy and thr,ough Tom Vandergriff its duly
authorized County Judge as directed,by fhe Commissioners Couct of Tarrant County, Texas.
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of inierlocal
cooperation agreements between and among local gov.ernments; and
WHEREAS, Texas Governmenf Code, §791.011 provid�s that a local government may contract
wifh another to perform governmental functions and_ services, and §791.003(3)(H) defines waste
disposal as a governmental function and service; and
WHEREAS, Texas G'overnment Code, §791,025 provideS that a Ivcal government may agree
with another local government to purchase services; and .
WHEREAS, Fort 1North and County desire to enter into an interlacal agreement whereby Fort
Worth will purchase the services of a waste disposal/recyc{ing 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 �ooperation Act.
NOW THEREFORt, it is agreed as follows:
1
� DEFINIT(ONS .
A. Unless a provision in this Agreement explicitly states otherwise, the fpllowing terms and
phrases, as used in this P�qreement, shall have the me�nings he�eirtafter designated.
Act of God means an act occasioned by� the direct, immediate, and excluSive operation
of the fiorce� of nature, uncontrolled or uninfluenced by fh�e power of humans and without
human int�rvention. ' � '
Bi1F of Ladin4 lists the contents of the mobile .collectiQn unit.
Coun mPans 7arrant County, Texas. ,
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility locaied at 6400 Bridge Street, Fort Worth, Texas,
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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 damades 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 pr
otherwise, matured or unmatured, fores�eable or unforeseeable, including without
timitation reasonable attorney's fees and disburserrients and consultant's fees, any of
which are incurred subsequent to the execufion of this Agreement, as a result of the
handling, collection, �transporfation, storage, tlisposal, treatment, �ecovery, anc!/or reuse
of waste pursuant to this Agreement, +�r 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 se�vices of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigatiorl , or
�emediation of such wastes or viofation of environmental requirements irtcluding,
but not limited to, the preparation of any feasibilify stutlies or repo�ts or the
performance of a�y cleanup, �emediation, removal, response, abatement,
containment, closure, restoration vr monitoring work required by any federal,
� state or focal governmental agency or political _ subdivision, or othenrvise
expended in connection with the existence of sucti wastes or violations of
environmental requirements, and including without limitation any attorney's fees,
, costs. and expenses incurred in enforcing fhis Agreement or collecting any sums
due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person ar
agency for costs expended in connection with the items referenced in
subparagraph (b) herein.
Environmental reauirements means all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions; franchises, and simila� items, of all governmental agencies,
departments, commissions, boards, bureaus, or instr�mentalities 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 withbut limitation:
(a) All requir�ments, including but not limited t� 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 ai�, 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, whethe� solid, �liquid, or
gaseous in nature; and �
(b) All requirements pertaining to the protection of the health and safe#y 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 str'ikes, failure of Fort Worth's
contractor(s) to. perform pursuant to their agreements with �'ort Worth for the, conduct of
the collection of househdld haiardous waste; fires, explosions, epidem'ics, 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 classi�ed as a hazardous waste under 40 GFR 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 incfustrial 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 hqusehold 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 transporfed to the ECC to dispose of the
household hazardous waste collected at the mobile collection event., The Fort Worfh
Mobile Coflection Unit is designed to hold the hazardous waste of approximately 50 to
75 households.
Participatin4 Cities, when used in the plural, means �art Worth, Unincorporated Tarrant
County, and all other entities which have entered into interlocal agreements with Fort
Worth, for the ECC househald hazardous waste collection program..
Person means an individu�l, corporation, organization,� government, or governmental
su.bdivision or,agency, business trust, partnership, associationT.or any other legal entity.
Waste, has. the sanie meaning as."solid waste" .as tha,t term. is define�l in `Texas Health
and Safety�Code §361,003; and including hazardous substances. ;
B. Unless a proVision in . this Agreement explicitly states otherwise, ; the following
abb�eviations, as.. used in this Agreement, shall have the meanings hereinafter
designated. ' -
CERCLA - Comprehensive �nvironmental�Response, Compensation, and Liability Act.
c;PR - cardiopulmonary resuscitafion.
3
DOT - United States Department of Transpoitation.
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 Unif. �
..�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 specifed below, Fort Worth
will administer and supervise a regional household hazardous waste collection program, which
will be available to househalds within Unincorporated Tarrant County. '
3 .
� TERM ' '
This Agreement shall be �effective from the _dafe'the last party has signed this Agreement
through September 30, 2007, �
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 househola hazardous waste collection program.
This program will include the operation of the Environmental Collection Center, which
wilt accept for disposal and/or recycling household fiazardous waste from'households
located within Unincorporated Tarrant County. Fort Worth shall not accept compressed
flammable gas containers; radioactive materials; explosives or potentially shock
sensitive ma�erials; '6iological, etiologic, and infectious materials; wastes from
businesses; and any o4her vvastes 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 obligaiions in this Agreement. " �
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C. Fort Worth. will enter, into a contract(s) with waste .disposailrecycling firm(s) for the
handiing, collection, #ransportation, s�orage, disposal; treatment, recovery, and/or reuse
of household hazardous waste, which is collected at the ECC.
D. Fort Wo�th will, if,requested in writing by County, provide County with copies of waste
manifes#s for shipments of waste.from the ECC. �� ,
E. Fort V1/orth will, if requested in, .yvriting by County, provide County a monthly report of the
households in Unincorpo�ated Tarrant County, who disposed of household hazardous
waste at the Environmental Collection Center or�a Mobile Collection. Event.
F. Fort Worth wil� issue �a report and a bill at the�end of each quarter detailing the numb�r of
households in Unincorporated Tarrant County that disposed of household hazardous
waste at the Environmental Collection Center or at a mobile collection eve�t.
G. Fort Worth will act under.this A:greement in- accordance_with all applicable state and
federallaws. �
H. Non-Fort Worth Mobile Collectio� Unit
�� �. Fort Worth agrees to�acGept househo(d hazardous.waste from Couniy's MCU in
accordance with Section 5., of this Agre�ment. �.
2. Fort V1/orth agrees to restock the items it removes from Gounty's MCU, however,
Forf Worth shall only restock items�, listed in Exhibit "A", attached and
incorporafed herein as if set fortM.
I, . Mobile Collection Events —Usinci Fo�t VVorth's Unit �.
If County would like to schedule a mabile collection event with the Fort Worth
Mobile Collection Unit, Fort Worth will send County a list of availaale dates.
County will contact Fort Worth as soon as possible to schedule the'date, time
and location agreeable to both parties. .
(a) L'ocation � ;
If County chooses to Hold the Mobile Collection Event on private property,
County shall obtain a signed waiver from the pwner of the property 1
_ � week prior to the event. The waiyer shall be in tne form ofi Exhibit B or
� sirriilar'form approved by Fort Worth: The signed waiver must be sent to
Fort V1/o'rth 1 W�ek� before the Mobile Collection �vent. If the. signed
waiver �is not sent to Fort Worth 9 week before tlie ' Mobile Collection
�vent, Fo�t Worth will nof send tfie Fort Worth Mobile Collection Unit to
the e�rent and �ounty will, in .no event, be entitled to any damages of
recovery' of any �costs, except as provided herein. '
(b) ' Available Dafes ' �
County ackno�rrle�ges fhat'�Fort Worth confracts with ather muricipalities
and that Fort Worth will . be accommodating each Participating City's
requesf .on a first come first served . basis. .Therefore, Cour,y
acknowledges #hat 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. Counfy will; in no event, be entitled �a any damages or recovery ofi
any costs, except as provided herein.
` 2. At the Mobile Collection Event, County acknowledges and agrees that Fort Worth
shall accept household hazardous waste firom the first 50 housefiolds fhat show
proof of residency in Unincorporated Tarrant Caunty 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 �ort Worth can accept, County will in no
event be e�titled to any damage of recovery o# any costs, except as provided
herein. .
3. Due to the IacK 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 Mobil� Collection Unit shall not also be at the
event. � �
4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile
Collecfion Unit to County's Collection Event during adverse weatfier or the threat
of adverse weather including �uf not limit�d to sleet, snow, rain, mist or hail. In
the event Fort Worth dete�mines not to s�end the Fort Worth Mobile Colfection
Unif, Fort VVorth sliall 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 Tartant 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 �CC to dispose of the �waste and
provide a map to the ECC.
Loan of the Special Mobile Collection Unif
1. County may request the loarr of Fort Worth's Special Mobile Callection Unit,
which is a specially designed and equipped thirty-six (36) foot gooseneck box-
trailer and one (1) ton pickup, free of charge for use in�a Household Hazardous
, Waste collection _ event when available. County may use the Special Mobile
Coll��tion Unit to transport Household Hazardous Waste to Fort Worth's
, Environmental Coflection Center or another collection center which may lawfully
receive Household Hazardous Wasfe. County shall �provide Fort Wprth with a
� written request, facsimile or e-mail at least�thirty (30) days prior to the Household
Hazardous Waste Collection Event for which the request is made. Fort Worth
shall `� have sole determination . whether the Specia� Mobile Collection Unit is
' available for use by County and. shall notiiy. County as soon as is reasonably
practicable of such decision. Fort Worth shali not participate nor be responsible
for any part of the Counfy's Household Hazardous Waste Collection Event unless
and except by writt�n mutual agreement.
2. The Special Mobile Collecti��� Unit shall be in good working condition and Fort
Worth shal� disclose �ny kn�wn problems the S�ecial Mobile Collection Unit may
have in performing the tasks necessary for the Household Hazardous Waste
Coliection Event. Prior to issuance of the Special Mobile Collection Unit, a pre-
trip, inspection for potential maintenance problems vi�ill be preformed by Fort
VVorth. Also, both parties wili compiete a pre-aes�thetic assessment. �ounty shall
be responsible for all certific,ations, and insurance necessary for the proper
operation of the Specia! Mabile Collection Unit. �.
3. County agrees to maintain artd retu�n the Special Mobile Collection Unit in�� as
good condition as it was in when County took`possession for use. County shall
return the.Special Mobile Collection Unit to Fort Worth in a timely manner and as
mutually ag�eed upo�. ; �
4. County shall be responsibte for all work-relatetl property damage, personal injury
or death caused by County's employees or volunteers and arising out of the use
of the Special Mdbile Collectioil Unit during the term of this Agreement.
. . ..�
5. It is expressly untlerstood andFagreed that, in �the execution of this A�[eement,
neither of the parties waives, nor sFiall be deemed hereby to waive, any immunity
or defense that would otherwise be available to it against claims arisin� in the
exercise of governmental powers and functions. By entering into this /�yreement
the parties do not intend to create any obligations, expressed or implied, other
than those set forth herein and this Agreement .shall not create any rights in
parties hot signatories hereto. .
, 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 wifh Fort V1/ortfi. '
Designated person is: Robert Berndt
Pager number or 24-hour number where he or she can be reached: 817=319-8473
Atternafe pe�son is Renee Lamb
Pager numbei or 24-hour numbe� where he or.she can be reached: 817-991-2194
B. County will coordinate and funtl all program advertising .tar.geted to its residents in
Unincorporated Ta1'r�nt County, as�it deems necessary. Such advertising shall include
the type of wastes that wilt be accep#ed at the ECC, the .requirement of proofi of
residency and weather cancel(ation inform�i#ior�.
C. County shall n,otify its residents in Uni❑corporated Tarrant County of the ECC hours of
operation and dates it is closed as provide� in 8ection 9°The Ertvironmental Cotlection
Center Hours of Operation." .
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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
suct� 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 vvriting.
E, County may submit a written request for a monthly report listing the number of the
households in Unincorp�rated 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. ?he parties prior to the event shall agree upon
ttfe details of the traffic control, signage, and personnel assistance.
G, Countv's Mobile Collection Units Col!ectinq Household Hazardous Waste
1. County shall adirise'the ECC program manager at least 72 hours in advance of
its mobile` colfeetion events, County shall collect only HHW during a mobile
collection event. Wastes from aommercial, 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, �nd infeotious 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 fluo� �scent
lights) will be segregated into containers for recyclables.
3. After accepting wastes, County's MCU operators shall thoroughly check each
contairter for proper labeling and identification. If a container is properly
identified, the material will be segregated according to hazard class and prepared
fc�r packaging. If a container does not have adequate labeling to permit
identification, the MCU ope�ators shall then attempt to identify the material from
its physical characieristics using HAZCAT analysis and from information provided
by the household presenting the waste.
4. T`he County's MCU operators shall package all hazardous materials in
accordance with United St�tes Department of Transportation (DOT)
requirements, United States Environmental Protection Agency (EPA)
� requirements, and all other applicable federal and sta#e requirements. After all
the wa'stes have been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the containe!- c�ntent sheets,
and pack them into drums. Oil-based paints and latex paint: ��all 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 ifs own arrangements.to dispose of any non-HHV1/
:; wast� collected at fhe evenf. . , :
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 Cading in the
cab of the truck haufing the MCU during transportatian of the HHW to the ECC.
County shall require that a. minimum �f one copy of the latest North American
Emergenay Response Guidebook be kept within the cab of the truck.
6. During transportatian, , County's MCU� operators shall placard the MCU for
#ransportation of hazardous waste in accordance with federal and state law.
� 7. Upon the return �of the MCU to the ECC, County's MCU ope�ators sha11 follow the
instructions of �ort Worth regarding the placement of the MCU for unloading.
Fort Worth shall take possession of the MCU from County. after the MCU has
been prope�ly parked'for unloading in accordance with Foit VK/ortFi's instructions
and all requiFed documents h�ve been delivered to the EC� program manager or
his des'ignee at the ECC. Fort Woith sha(I, within a reasonabfe amount of time,.
unload the HHW from the non-Fort Worth MCU and store the HHW at the ECC.
8. If For�� Wor�fi, �Iin.� .its . sole discretian, defermines tf�at County'$ MCU operators
improperly` packaged any of the��HHW delivered to the� �CC,� fort Worth shall
repackage such ,waste, and County shal! reimburse Fort Worth as set forth in
Sectibn 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 W�STE DISPOSAL/REGYCLING FIRMS FOR HOUSEHOLD HAZARDOU� WASTE
A. Fort Worth will enter iRto a contract(s) with waste dispo3�l/recycling firm(s) for the
handling, collectior, transportation, storage, disposal, treatment, recove,ry, and/or reuse
of household hazardous waste, which is collecfed at the ECC. "�
B. Such firm(s) shall be required pursuant to the contraCt(s) fo assurrie generator sfatus for
the waste co(iected, (excluding used oil, (ead-acid batteries and antifreeze) to choose a
� disposal site for the waste subject ta Fort b�orth's approval; and to indemnify Fort Worth
and County agai�st any and all environmental damages,and the vio.l�tion of any and all
environmentaf requirerrzants resulting from ttie han�lling, . co(Cec�ion;_- transportation,
storage, disposal, treatment, recovery, and/or recycling �of waste co�lected piarsuant to
. �his Agreement, when. said environmental damages or the.. violation of said
environmental requirements was t!�� result of any act or�omission of contrac#or, its
off��ers, agents; employees, or subcontracfors, or.the joint act or omission. 'of ����ractor,
its officers, agents, employees, or subconf�actors and any other person or'entity.
�
C: THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED
TO ASSUME'' GENERATOR STATUS, THIS ASSUMPTION WILC NOT RELIEVE
COUNTY OF LIABILITY FOR THE WASTE UNDER FEDERAL L/�W 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 MA�ERIALS
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
�tliat are picked up for reuse.� ��.
B. Some materials made available for reuse may h,ave been conso(idated and filtered by
Fort V1/orth prior to being made available, Used antifreeie vuill fiave been consolidated in
'`_ a barrel; filtered, and pH balanced, and new antifreeze may have beeh added to the
" barrel. . � �
C. In regards to materials accepted by County, FORT .WORTH MAKES NO
REPRESENTATIO,NS, 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
� manufacfu�er; . '
3. the product is of the quality intended fo� its use; �
4. the contents of the container have been stored properly;
5. the instructions on tlie container fabel for use, storage, and first aid are current or
, correct; ., .
, � ,
6. ttie container is in unimpaired conditio�; .
7. the product is stil( approved for use (i.e., it has not been banned or recalled); and
� 8. tfie producf can be used withaut risk to persons, property or the environment.
' FURTHERM�RE, bLL VlIARRAN7IES, EXPRESS AND, IMPLIED, ARE
SPECIFICALLY.DENIED. � � � �
D. � County. shall contact.the ECC program manager to arrange a pickup. time to obtain
`materials. County agrees that i# �hall: not return to Fort Wor�h, directly or indirectly, any
materials it obtains frQm Fort W�rth under this paragrapfi.
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E. fN REGARDS TO MATERIALS ACCEPTED BY COUNTY, COUNTY DOES HEREBY
WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIA6ILITY CLAIMS, AND
RELEASES, AiYD HOLDS HARMLESS THE CITY OF FORT W�RTH, AND ALL OF
ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BpTH
THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY;
CLAIMS, SUITS, QEMANDS, EXPENSES OF tITIGATION, OR CAUSES OF ACTI�N
WHICH MAY ARISE BY REASON_ OF 1NJURY TO PERSONS, LOSS OF PRQPERTY,
DAMAGE TO PROPERTY, OR LOSS OF USE QF ANY PROPERTY , OCCASIONED
BY THE TRANSPORTATtON, STORAGE, HANDLING, USE, AND DISPOSAL BY
COUNTY; OF ANY MATERIALS .ACCEPTED BY COUNTY UNDER THIS
AGREEMENT FROM FORT WOR'TH.
F. In regards to materials accepted by residents or businesses of Unincorporated Tarrant
Counfy, `FOP.T WORTH MAKES NO �2EPRESENI�ATIQNS, 1NARRANTIES OR
GUARANTIES THAT: "
1. the container contents are what fhe 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 contain�r label for use, storage, and first aid are current o�
correct; `
6. the container is in unimpaired condition; .
7. the product is still appro,ved fpr use (i.e., it has.no#_been banned or recalled); and
8. the product can be used without risk to persons,.,property or the environment.
FIJRTHERMORE, ALL WARRANTIES, �XPRESS � AND , IMPLIED, ARE
SPECIFICALLY DENIED. �
G. County shall attempt to inform its residents and businesses of Unincorporated Tarr�nt
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
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County agrees that Fort Wo�th shall have the righf_to refuse ta accept waste at the ECC from
County's residertts of Unincorporafed Tarrant County and to eject such individual from the
premises of the ECC, if in the reason�bte judgment of Fort Worth:.
A. The waste is not household hazardous waste; ,
B. The waste fails to meet other established :criteria esta6lished .by this Agreement, or that
have been established by Fort 1Norfh subsequent.to the execution of the Agreement;
C. The individual does not have sufficient identification to. establish that helshe 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 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, fhe ECC will be closed on the following days:
Thanksgiving Holiday, November 23-24, 2006
Christmas Holiday,�'December 25, 2006 �
New Year's Day,.lanuary 1, 2007 ,
M.L.K. Day JanU�ry 15, 2007 .
Memorial Day, May 28, 2007 '
Independence Day, July 4, 2007
Labor Day, September 3, 2007 '� `
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
12
As fair comp.e�sation for the services .provided by Fort Worth pursuant to this Agreement:
A. County agrees to pay Fort Worth .the sum of $ 46.00. per household per visit ta the. �CC
or per k�ousehold for pa�ticipation in a Mobile Colle�ction Event to dispose of househofd
hazardaus waste. '
B. If Fort Worth determines that Gnu�ty's MCU operators improp�eriy packageci .ariy of the
HHW defiverect to the �CC, :Fort Worth shall repackage such waste, and Gounty sha(I
reimburse Fart Worth for it staff tirtie at $20,00 an hour and the cost of suppli�S.. .
C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still.in County's
' possession; Fort Worth shall take cohtrol of the spill response and-County`will. reirnl�urse
�ort Worth for its response cosfs of $60.00 pei� hour staff time and the cost of supplies.
D. The amount due to Fort.Worth� far.services provided uncter this Seciion;` Paragraphs A,
B, and C, shall be 6illed to County quarterly. County shall pay Fort Wo�th..within. 30 days
of.receiving a, bill from Fort 1NortN: If Fort 1North does not receive payment. within 30
days, �Fort Worth `shall.� info�m County in writing tftat it wili 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 coflection unit until
paid.
E. At fhe end of the term of this Agreemertt, Fort Worth shall provide a final accounting to
Coun.ty, which will incfude the total number of households in Unincorporated Tarrant
County'which participated in the program, repackaging fees, if any,, and:the tofal cost of
spill response cliarged.to County, if any. � _ :
F. `'�Pursuant to the requiremen�s of Government Code §791.011 (a)(3), the amount due fo
Fort Worth under Subparagraph D. above shall be paid from revenues currently
available to County in the present fiscal year.
11.
AKTINORK, "CAPTAIN CRUD AND THE CRUGGIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT ` � - �
,. _
Fort UVorth is the owner o� "Captain Crud" and the Cruddies ("Bloorr�er," "btto," "Pestie,
"Scrub," and "Van� Goo") and fhe �Recycling` Buddies {"Scrappy", "Juggles", and "�ana
Nana"), "Conquer Your Crud," and "Crud Cruiser", and iherefo�e all ownership rights belong
to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary �f
State.
A. Fort Worth hereby grants to Caunty a non-transferable, non-exclusive licertse to use all
the arlwork and.promotional materials that may be provided by Fort Worth to be used
solely in the conduct of ��ie business of County's dispbsal`and. recyclirg of househo[d
hazar�nus w�ste prQgrams in Unincorporated Tarrant Counfy. If County �ishes to use to
I�icensed Art and/or Promot9�nal Materials in other.limited situations,'C.o�!�tx must �rst
obtain exp.cess written cortsertt.from Fort �1�rth.
13
B. Fort Worth may provide licensed Artwork and Prorriotional 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 dyplicate capies 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
proinotional materials in. any, manner, County hereby agrees to contact Fort Worth in
" writing fo obtain written cons�nt 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 Forf Worth_to port[ay "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 chos.en actor
and to request and .pickup the "Captain C'rud° costume for its events: Foit Worth will
provide the "Capfain Crud" costume. However, Co'unty agrees to. be liable to Fort Wo�th
for any damage to the costume or if County`fails to. �eturn th� entire costume to Fort
Worth or if the costume.is not retu�ned in the same condition as received.
12,
. , .IMMUNITY.
County hereby expressly waives any and all protections it �may be affo,rded as a political
subdivision of the State of Texas under the doctrine of governmental or sovereiga immunity.
The County does this as consideration for the City's offer to enter into the subjecf contract with
the County. The County realizes and states that ifi 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 purs�ua�t fo this Agreement shall be excused
to the extent that the delay or f�iiure 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 r.ot have, and heceb.y waives, any, claim whatever `for any damages resulting from
delays or faiiure to perform caus�d by a force majeure event. . �
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with o� without
cause, upon thirty (30) days.written notice to the otlier,party. 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 MATFRIALS° (Paragraph �7) and "ARTWORK, "GAPTAIN CRUD
AND THE CRUDDI�S," APdC PROMOTIONAL MATERIALS LICENS` AGREEMENT'
{Paragraph 11).
14
15. . .
NOTICE
Any notices required to be given under this Agreemen# shall be del'ivered as follows:
If to Fort Worth:
Brian� Boerner, CF1MM, Director � � � '
Department of Environmental Management � �
City of Fort Worth � -
1Q00 Throckmorton
Fort Worth, Texas 76102
If to Countv:
G.R. Maenius
Tarrant County
100 E. Weatherford St. - Room 404
Fort Worth, TX 76196
16. .
� ENTIRETY � � ' �
This Agreement cantains all commitments and Agreements of the parties hereto, and no other
oral or written corrtmitments shall have any force or effect if not contained herein, except.that
this Agreement can be amended or modi�ed 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, o� unenfo�ceabls in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof ard this AgreemEnt shall be
construed as if such invalid, illegal, or u�enforceable provisions had never been con±ained
herein. • � �
18.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and coi��;:ions of
this Agreement, venue fo� said action shall be in Tarrant County, Texas.
19.
P,;;THORITY
15
���'�'�;1�',� �:��� i��;
�� U �r :i'�'<,'';'� iLr;':'�``�1
R �^ sf''U 4 `
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�Uo ..�;,��J'1:Cn� tl��✓�:a f
This Agreement is made for Fo�t Worth and County as an Interlocal Agreement, pursuant to
Texas Government Code, Chapter 791.
20.
AUTH�RIZATION
The undersigned officers and/or agents of the parties hereto are properiy authorized officials
and have the necessary authority to execute this Agreement on behalf,of the parties hereto, and
each party hereby ce�tifies to the other that any necessary resolutions extending such authority
have been duly passed and are now in full force and effect. ` "
EXECUTED IN TRlPLICATE
C1TY OF FORT WORTH
By: "
(.-rr ,. l
% �
LibB�� atson �
Assistant Cit Mana er„ ,
Date: �G' � / � G}-
APPROVED AS TO FORM
AND LEGALITY:
�"wv� R .
Assistan ity Attorney
ATTEST: ��
�� v Y ` �
Marty Nendrix
City ecretary
- � G =
Contract authorization
� ��
Date
TARRANT COUNTY
By�---f�-�`-�I�'��--!-�"-�' � / -� ---
� �
Tom Vandergriff�;' f
County�udge
( � � �� �
, ,
� ,�. :. ,
Date:----- r �'
,
-�---�� -----------------
APPROVED A FORM'`
/
------- - ----------------�
Assistant ' trict 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
contract or legal document on behalf
of other parties. Our review of this
document was conducted solely from
the legal perspective of our client. Our
approval of this document was offered
solely for the benefit of our client. Other
parties should not rely on this approval
and should seel< review and approval by
their own respective attorney(s).
% �
' � �
� �•
��_ - -_. _
� - ;
`'�-� a B -_--�.�x-°--�f - ��---------------
Auditor's Office
16
C�C�rU�FU'i�s �#'3Zza'��
�����'1�� �a����
��� ��������
�'. �:�� ���, ���.
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE CQLLECTION UNIT
Arlaterial Amount Restocked Special Needs Remarks
55 gallon open top Amount taken off.the -� �
drums (open top�for trailer � �
loose acks � ` -
55 gallon drums �P�mounf iaken off the � �
(closed top) (oil, trailer
antifreeze, buik � : • � �
flammable materials
and one extra
Fibertlrums (55 or 30' ' -
gallon) Aerosols, Amount taken off fihe
acids, bases and #railer • � � � �
oxid izers
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
trai(er
Absorbent pads
Amount taken off the
trailer
Vermiculite
Am�unt taken off the
trailer
Oil dry
Amount taken off the
trailer
Promotional Materials
� 3� Brochures Amount needed
17
y �! ��� ,! r�� � pa „,� � �n^i�
1:i 1V ��.i: �i�l7l�JJ�L�1
�' p. a F, �� f
����� � ��?� �=I ��
�,,:.:„.�,
�' �:,�;�,�� �,�';U �i��
� r �% r� � c�,
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 collecf
household hazardous waste on the , 20 . I hereby give my permission to
Tarrarit 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 �f , 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 af any charaeterthat I may have against the
City of Fort Worth, its officers, agents, and/o� employees and Tarrant County, its officers,.
agents, and/or employees for any properiy loss or damage, for any and all personal injury
including death or any other damage of any kind or character whickt may arises or that arises
from allowing Tarrant County to hold a household hazardous waste collection event, in which:
the City of Fort Wo�th sends its mobile collection anit 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 nof confained in
this Agreement. . _ .
Signature
Witness
Date
18
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/26/2006
DATE: Tuesday, September 26, 2006
LOG NAME: 52ECCFY07CITIES REFERENCE NO.: **C-21729
SUBJECT:
Approval of Interlocal Agreements with Various Municipalities and Other Governmental Entities for
Participation in the Environmental Collection Center Household Hazardous Waste Program
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute interlocal agreements with
various municipalities and other governmental entities for their participation in the Environmental Collection
Center Household Hazardous Waste Program
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 entity 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, 2006 through September
30, 2007) is $46.00 per household. It is anticipated that approximately $588,724 will be collected under
these agreements. During FY 2005-2006, 31 area entities signed participation agreements with the City of
Fort Worth. For the upcoming year we expect all of those to participate and have already had interest
expressed by other entities.
This agreement outlines the responsibilities of each party, establishes the rate for participation, details
procedures for loan of mobile collection unit, and delineates the usage of service marked public education
materials. 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 are expected to execute an agreement to participate for the
period October 1, 2006 through September 30, 2007:
Arlington
Benbrook
Cleburne
Edgecliff Village
Grapevine
Hurst
Newark
River Oaks
Sansom Park*
Stephenville
Waxahachie*
Azle
Burleson
Colleyville
Euless
Haltom City
Keller
North Richland Hills
Roanoke
Sherman*
Trophy Club
Westworth Village
Bedford
Cedar Hill
Coppell*
Grand Prairie
Hood County
Mansfield
Richland Hills
Saginaw
Southlake
Watauga
Logname: SSSPINKS RAMP Page 1 of 2
Tarrant Regional Water District
Texoma Council of Governments*
Un-incorporated Tarrant County
Upper Trinity Regional Water District
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmental Management Department will be responsible for
collection of the funds due under these agreements.
TO Fund/AccountlCenters FROM Fund/Account/Centers
R103 488220 0521100 $588,724.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
Brian Boerner (6647)
Brian Boerner (6647)
Logname: SSSPINKS RAMP Page 2 of 2