HomeMy WebLinkAboutContract 35991 CITY SECRETARY
CONTRACT NO.
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-
rule municipal corporation situated in Tarrant, Denton and Wise 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 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 Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for the aggregation of household hazardous wastes
that have been brought to the facility by participating cities' households-4ef----,-P-----4
subsequent recycling, disposal, and/or reuse.
y?7Jj 4r.
Environmental Damages means all claims, judgments, damages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately
defeated, and of any good faith settlement or judgment, of whatever kind or nature,
contingent or otherwise, matured or unmatured, foreseeable or unforeseeable,
including without limitation reasonable attorney's fees and disbursements and
consultant's fees, any of which are incurred subsequent to the execution of this
Agreement as a result of the handling, collection, transportation, storage, disposal,
treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the
existence of a violation of environmental requirements pertaining to same, and
including without limitation:
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remediation of such wastes or violation of environmental requirements including,
but not limited to, the preparation of any feasibility studies or reports or the
performance of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by any federal, state
or local governmental agency or political subdivision, or otherwise expended in
connection with 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.
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Force majeure means decrees of or restraints by a governmental instrumentality, acts
of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's
contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct
of the collection 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.
Participating 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 - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
EPA - United States Environmental Protection Agency.
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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, 2008.
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.
B. Fort Worth will employ or retain personnel to provide the services necessary to
perform Fort Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or
reuse of household hazardous waste, which is collected at the ECC.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City
with copies of waste manifests for shipments of waste from the ECC.
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E. 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).
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.
I. Mobile Collection Events—Using Fort Worth's Unit
1. 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 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.
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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. Participating 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 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.
J. Loan of the Special Mobile Collection Unit
1. Participating City may request the loan of Fort Worth's Special Mobile
Collection Unit, which is a specially designed and equipped thirty-six foot (36')
gooseneck box-trailer and one (1) ton pickup, free of charge, for use in a
Household 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
potential maintenance 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 Colelction Unit.
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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 clams
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: Stephen Seidel, telephone number: 682.831-4606.
Pager number or 24-hour number where he or she can be reached: 817-538-1067.
Alternate person is: Brandon Emmons, telephone number: 682-831-4607.
Pager number or 24-hour number where he or she can be reached: 817-538-1708.
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
will 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,
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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 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
1. 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.
3. 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.
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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.
6. During transportation, Participating City's MCU operators shall placard the
MCU for transportation of hazardous waste in accordance with federal and
state law.
7. Upon the return of the MCU to the 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.
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.
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/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, employees, or subcontractors
and any other person or entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE REQUIRED TO
ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
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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, tort 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 HEREBY WAIVE ALL CLAIMS, INCLUDING
PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE
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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.
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;
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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 22-23, 2007
Christmas Holiday, December 25, 2007
New Year's Eve, January 1, 2008
M.L.K. Day January 21, 2008
Memorial Day, May 26, 2008
Independence Day, July 4, 2008
Labor Day, September 1, 2008
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$47.00 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 Worth MCU is still in Participating City's
possession, Fort Worth shall take control of the spill response and Participating City
will reimburse Foft 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 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
Srcac+ , J Uc c I c.S G/n d ��n1 a-
Fort Worth is the owner of Captain Crud and the ruddies ("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
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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 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 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 DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE"
(Paragraph 6) "REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK,
"CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE
AGREEMENT (Paragraph 11).
Page 14
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
Facsimile: 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 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.
Page 15
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 FORT WORTH TOWN OF TROPHY CLUB
By: By:
I-My Wats Nick Sanders
Assistant City Manager Mayor
Date: f0, (S 6 --?, Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
A r k 1��&
Assistant City Attorney Town Attorney
ATTEST: - ATTEST:
Mart Hendr isa Ramsey
City ecretary Town Secretary
CA-ff `P a-ern
Contract authorization
CA& �tg.Quo
Date
UK
Page 16 �Sv�
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 packs)
55-gallon drums Amount taken off the
(closed top) (Oil, trailer
antifreeze, bulk
flammable materials
and one extra)
Fiber drums (55- or Amount taken off the
30-gallon)Aerosols, trailer
acids, 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/haz chemicals) 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
Page 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 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
Page 18
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/25/2007
DATE: Tuesday, September 25, 2007
LOG NAME: 52ECCFY08CITIES REFERENCE NO.: **G-15879
SUBJECT:
Authorize Entry into Interlocal Agreements with Various Municipalities and Other Governmental
Entities for Participation in the Environmental Collection Center Household Hazardous Waste
Prog ram
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 its ninth 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, 2007 through September
30, 2008) is $47.00 per household. It is anticipated that approximately $588,724 will be collected under
these agreements. During FY 2006-2007, 35 area entities signed participation agreements with the City of
Fort Worth. For the upcoming year, it is expected that all of these entities will participate and others have
already expressed interest.
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, 2007 through September 30, 2008:
Arlington Azle Bedford
Benbrook Burleson Cedar Hill
Cleburne Colleyville Crowley
Edgecliff Village Euless Grand Prairie
Grapevine Haltom City Hood County
Hurst Keller Kennedale
Mansfield Newark North Richland Hills
Parker County` Richland Hills River Oaks
Logname: 52ECCFY08CITIES Page 1 of 2
Roanoke Saginaw Sherman
Southlake Stephenville Tarrant Regional Water District
Town of Trophy Club Watauga Waxahachie
Weatherford* Westworth Village Unincorporated Tarrant County
Upper Trinity Regional Water District
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmental Management Department will be responsible for
collection and deposit of the funds due under these agreements.
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 488220 0521100 $588,724.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Brian Boerner(6647)
Additional Information Contact: Kim Mote (5153)
Logname: 52ECCFY08CITIES - Page 2 of 2