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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 by and through Libby Watson, its duly authorized Assistant City Manager, and Town of
Trophy Club, a municipality situated in Denton and Tarrant County, Texas, hereinafter called
"Participating City," acting herein by and through Nick Sanders, its duly authorized Mayor.
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 governmentai 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 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, 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 handiing, collection, transportation, storage,
disposal, treatment, recovery, and/or reuse of waste pursuant to this Agre_emQn��.��.�:�i�e��
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existence of a violation of environmental requirements pertaining to same, and including
without limitation:
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories
and all other costs incurred in connection with the investigation or remediation of such
wastes or violation of environmental requirements including, but not limited to, the
preparation of any feasibility studies or reports or the performance of any cleanup,
remediation, removal, response, abatement, containment, closure, restoration or
monitoring work required by any federal, state or local governmental agency or political
subdivision, or otherwise expended in connection with the existence of such wastes or
violations of environmental requirements, and including without limitation any attorney's
fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due
hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or agency
for costs expended in connection with the items referenced in subparagraph (b) herein.
Environmental requirements means all applicable present and future statutes, regulations,
rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations,
concessions, franchises, and similar items, of all governmental agencies, departments,
commissions, boards, bureaus, or instrumentalities of the United States, states, and political
subdivisions thereof and all applicable judicial, administrative, and regulatory decrees,
judgments, and orders relating to the protection of human health or the environment, including
without limitation:
(a) All requirements, including but not limited to those pertaining to reporting, licensing,
permitting, investigation, and remediation of emissions, discharges, releases, or
threatened releases of hazardous materials, pollutants, contaminants, or hazardous or
toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the
air, surface water, groundwater, stormwater, or land, or relating to the manufacture,
processing, distribution, use, treatment, storage, disposal, transport, or handling of
pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether
solid, liquid, or gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of employees or the
public.
Force maleure 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 TCEQ to
accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for
waste transported to a site in Texas, or the comparable manifest of the receiving state if the
waste is transported out of Texas.
Mobile collection event means a household hazardous waste collection event by Participating
City 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 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 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 - cardiopulmanary resuscitation.
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 Participating City whereby, subject to the terms and conditions specified below, Fort Worth
will administer and supervise a regional household hazardous waste collection program, which will be
available to households within Participating City as described herein.
3.
TERM
This Agreement shall be effective from the date the last party has signed this agreement through
September 30, 2007.
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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 not accept compressed flammable gas containers;
radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic,
and infectious materials; wastes from businesses; and any other wastes that Fort Worth has
determined are unacceptable.
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E.
Fort Worth will employ or retain personnel to provide the services necessary to perform Fort
Worth's obligations in this Agreement.
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.
Fort Worth will, if requested in writing by Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
Fort Worth will, 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 in an amount not to exceed
EIGHT THOUSAND DOLLARS AND NO/100 DOLLARS ($8,000.00).
L
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Fort Worth will act under this Agreement in accordance with all applicable state and federal
laws.
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.
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 Events —Using Fort Worth's Unit
If Participating City would like to schedule a mobile collection event with the Fort
Worth Mobile Collection Unit, Fort Worth will send Participating City a list of available
dates. Participating City will contact Fort Worth as soon as possible to schedule the
date, time and location agreeable to both parties.
(a) Location
If Participating 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
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signed waiver is not sent to Fort Worth one (1) week before the Mobile
Collection Event, Fort Worth will not send the Fort Worth Mobile Collection
Unit to the event and Participating 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
municipalities and that Fort Worth will be accommodating each Participating
City's request on a first-come, first-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 will, in no event, be entitled to any damages or
recovery of any costs, except as provided herein.
2. At the Mobile Collection Event, Participating 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 it can accept and
store properly. If more households arrive at the event than Fort Worth can accept,
Participating City will in no event be entitled to any damage of recovery of any costs,
except as provided herein.
3. Due to the lack of storage space at the ECC, Participating 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 sleet, snow, rain, mist or hail. In
the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit,
Fort Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort
Worth employee to the Participating City's event to tell any residents that come to
dispose of household hazardous waste; 1) that the Fort Worth Mobile Coilection 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.
Loan of the Special Mobile Collection Unit
Participating City may request the loan of Fort Worth's Special Mobile Collection Unit,
which is a specialiy designed and equipped thirty-six foot (36') gooseneck box-trailer
and one (1) ton pickup, free of charge, for use in a Househoid Hazardous Waste
Collection Event when available. Participating City may use the Special Mobile
Collection Unit to transport HHW to Fort Worth's ECC or another collection center
which may lawfully receive HHW. Participating City shall provide Fort Worth with a
written request, facsimile or e-mail at least thirty (30) days prior to the HHW collection
Event for which the request is made. Fort Worth shall have sole determination
whether the Special Mobile Collection Unit is available for use by Participating City
and shall notify Participating City as soon as is reasonably practicable of such
decision. Fort Worth shall not participate nor be responsible for any part of the
Participating City's HHW Collection Event unless and except by written mutual
agreement.
2. The Special Mobile Collection Unit shall be in good working condition and Fort Worth
shall disclose any known problems the Special Mobile Collection Unit may have in
performing the tasks necessary for the HHW Collection Event. Prior to issuance of
the Special Mobile Collection Unit, a pre-trip inspection for pote,ntial m.�i�ie.n_an:ce
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problems will be performed by Fort Worth. Also, both parties will complete a pre-
aesthetic assessment. Participating City shall be responsible for all certifications, and
insurance necessary for the proper operation of the Special Mobile Collection Unit.
3. Participating City agrees to maintain and return the Special Mobile Collection Unit in
as good condition as it was in when Participating City took possession for use.
Participating City shall return the Special Mobile Collection Unit to Fort Worth in a
timely manner and as mutually agreed upon.
4. Participating City shall be responsible for all work-related property damage, personal
injury or death caused by Participating City's employees or volunteers and arising out
of the use of the Special Mobile Collection Unit during the term of this Agreement.
5. It is expressly understood and agreed that, in the execution of this Agreement, neither
of the parties waives, nor shall be deemed hereby to waive, any immunity or defense
that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, 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 not signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household hazardous
waste collection 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: Beth Ann Gregory, telephone number: 682.831-4606. Pager number or
24-hour number where he or she can be reached: 817-538-2895.
Alternate person is: Roger Unger, telephone number: 682-831-4613.
Pager number or 24-hour number where he or she can be reached: 817-538-2903.
B. Participating City will coordinate and fund all program advertising targeted to its own citizens,
as it deems necessary. Such advertising shall include the type of wastes that wiil be accepted
at the ECC, the requirement of proof of residency and weather cancellation information.
C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed
as provided in Section 9"The Environmental Collection Center Hours of Operation."
D. Participating 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. In
addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC
or a mobile collection event without a voucher, Participating City acknowledges and agrees
that Fort Worth will not accept the household hazardous waste until Participating City
authorizes 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. Participating 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
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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. Participating City's Mobile Collection Units Collecting Household Hazardous Waste
Participating City shall advise the ECC program manager at least 72 hours in advance
of its mobile collection events. Participating City shall collect only HHW during a
mobile collection event. Wastes from commercial, agricultural, and industrial sources
shall not be accepted. Participating City 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, Participating City'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.
After accepting wastes, Participating City'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 Participating City's MCU operators shall package all hazardous materials in
accordance with United States Department of Transportation (DOT) requirements,
United States Environmental Protection Agency (EPA) 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. 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.
Participating City shall require that a minimum of one copy of the latest North
American Emergency Response Guidebook be kept within the cab of the truck.
During transportation, Participating City's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
Upon the return of the MCU to the ECC, Participating City'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 Participating City 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.
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8. If Fort Worth, in its sole discretion, determines that Participating 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.
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 DISPOSAURECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste, which is collected at the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the
waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal
site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and
participating cities against any and all environmental damages and the violation of any and all
environmental requirements resulting from the handling, collection, transportation, storage,
disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement,
when said environmental damages or the violation of said environmental requirements was
the result of any act or omission of contractor, its officers, agents, employees, or
subcontractors, or the joint act or omission of contractor, its officers, agents, empioyees, 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
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND
STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze,
and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time, Fort Worth will make available to residents and businesses of Fort Worth,
as well as, Participating City and residents and businesses of Participating City for their use,
collected household hazardous waste materials that are suitable for reuse, such as paint,
fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are
picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by Fort
Worth prior to being made available. Used antifreeze will have been consolidated in a barrel,
filtered, and pH balanced, and new antifreeze may have been added to the barrel.
C. In regards to materials accepted by Participating 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.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, 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 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 PARTICIPATING CITY, PARTICIPATING
CITY DOES HEFiEBY 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 PARTICIPATING CITY OF ANY
MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM
FORT WORTH.
F. In regards to materials accepted by residents or businesses of Participating Cities, 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. 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
liability must be signed to accept the household hazardous waste for reuse.
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8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from
Participating City's resident and to eject such individual from the premises of the ECC, if in the
reasonable judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that have
been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a
resident of Participating 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 from 11:00 a.m. to 7:00 p.m.
Saturday from 9:00 a.m. to 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 23-24, 2006
Christmas Holiday, December 25, 2006
New Year's Eve, January 1, 2007
M.L.K. Day January 15, 2007
Memorial Day, May 28, 2007
Independence Day, July 4, 2007
Labor Day, September 3, 2007
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 Center 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. Participating City agrees to pay Fort Worth the sum of $46.00 per household per visit to the
ECC or per household for participation in a Mobile Collection Event to dispose of household
hazardous waste.
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B. If Fort Worth determines that Participating 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 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 Wort
possession, Fort Worth shall take control of the spill
reimburse Fort Worth for its response costs of $60.00
supplies.
h MCU is still in Participating City's
response and Participating City will
per hour staff time and the cost of
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 in an amount not to exceed EIGHT
THOUSAND AND NO/100 DOLLARS ($8,000.00) ANNUALLY. 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 final accounting to
Participating City, which will include the total number of Participating City's households, which
participated in the program, 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.
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") "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 that 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 and/or promotional
materials.
C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City
shall 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 W�ri � s ,
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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 Participating 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 claims arising in the exercise of governmental powers and
functions, and that the services described in this Agreement are a governmental function.
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. 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 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
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 Participating City:
Brandon Emmons, Town Manager
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
Facsim i le: 817.491.9312
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.
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 shali
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 Worth 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.
EXECUTED IN TRIPLICATE
CITY OF FO T WORTH
By: �
Libby atson
Assistant City Manager
Date:
APPROVED AS TO FORM:
c � �
Assistant C Attorney
TOWN OF TROPHY CLUB
By:
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Nick Sanders
Mayor
Date: �—� /���
APPROVED AS TO FORM:
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ATT EST:
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Martha Hendrix
City Secretary
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Contract authorization
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`Lis Ramsey
Town Secretary
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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
loose acks)
55-gallon drums Amount taken off the
(closed top) (Oil, trailer
antifreeze, bulk
flammable materials
and one extra)
Fiber drums (55- or 30- Amount taken off the
gallon) Aerosols, acids, trailer
bases and oxidizers
Gaylord box liners Amount taken off the
(plastic) trailer
55-gallon drum liners Amount taken off the
trailer
5-gallon buckets Amount taken off the
filters/naz chemicais 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 & Amount taken off the
Brochures trailer
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 Town of Trophy Club to allow a mobile collection event on my property to
collect household hazardous waste on the , 200_.
In consideration of , I hereby give my permission to the Town of
Trophy Club to hold a household hazardous waste collection event on my property in which the Town
of Trophy Club 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 or its officers, agents, and
employees and the Town of Trophy Club 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 Town of Trophy Club or its
officers, agents, and/or employees for any property loss or damage, for any and all personal injury
including death or any other damage of any kind or character which may arises or that arises from
allowing the Town of Trophy Club 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. I hereby acknowledge that this Waiver and Release is given in consideration of
Signature Date
Witness Witness
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
H u rst
Newark
River Oaks
Sansom Park*
Stephenville
Waxahachie*
Logname: SSSPINKS RAMP
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
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:
Logname: SSSPINKS RAMP
Libby Watson (6183)
Brian Boerner (6647)
Brian Boerner (6647)
Page 2 of 2