HomeMy WebLinkAboutContract 29306 TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2003-35
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS, TEXAS AND THE TOWN OF TROPHY
CLUB, TEXAS, FOR THE PURPOSE OF PARTICIPATING IN THE CITY
OF FORT WORTH'S HOUSEHOLD HAZARDOUS WASTE PROGRAM;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 791 of the Texas Government Code authorizes municipalities to
contract with other governmental entities for the performance of governmental functions and
services; and
WHEREAS, the Town Council has determined that it is in the Town's best interest to
enter into an Interlocal Cooperation Agreement with the City of Fort Worth, Tarrant County,
Texas, for the purpose of participating in the City of Fort Worth's Household Hazardous Waste
Program.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Mayor of the Town of Trophy Club is hereby authorized to
execute an Interlocal Cooperation Agreement with the City of Fort Worth, Tarrant County, Texas
for the purpose of participating in the City of Fort Worth's Household Hazardous Waste
Program.
Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is
attached hereto as Exhibit A and incorporated herein.
Section 3. That this resolution shall become effective from and after its date of
passage in accordance with law; and it is so resolved.
Q:\TOWNSEC\AL.L RESOLUTIONS\RES 2003\RES 2003-35 HAZARDOUS WASTE DISPOSAL.DOC I -
PASSED AND APPROVED by the town co I"f the tow r phy club, Texas, on
this the 6th day of October 2003.
ayor
Town of Trophy Club, Texas
A T:
Town Secretary
Town of Trophy Club, Texas ryDop
[Seal]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
Q:\TOWNSEC\ALL RESOLUTIONS\RES 2003\RES 2003-35 HAZARDOUS WASTE DISPOSAL.DOC -2-
CITY SECRETARY
CONTRALTO. Q_ 9130
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 County, Texas, hereinafter called "Participating City," acting herein by and
through Mayor Scott 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 for subsequent recycling, disposal, and/or
reuse.
Environmental Damages means all claims, judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and
defense of any claim, whether or not such claim is ultimately defeated, and of any good faith
settlement or judgment, of whatever kind or nature, contingent o d r
unmatured, foreseeable or unforeseeable, including without limitation r
and disbursements and consultant's fees, any of which are incurred su
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.
Force maieure means decrees of or restraints by a governmental instrumentality, acts of God,
work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform
pursuant to their agreements with Fort Worth for the conduct of the collection of household
hazardous waste, fires, explosions, epidemics, riots,war, rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by a
consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be
classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) furnished by the 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.
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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.
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.
3.
TERM
This Agreement shall be effective from the date the last party has signed this agreement
through September 30, 2004.
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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.
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.
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 NICU,
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
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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 Collection Unit will not be
coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste
and provide a map to the ECC.
5.
DUTIES OF PARTICIPATING CITY
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: Randy Briggs; telephone number: 682.831-4685 Pager number or 24-hour
number where he or she can be reached: 817-538-2901
Alternate person is: Robert De Los Santos; telephone number: 682-831-4655
Pager number or 24-hour number where he or she can be reached: 817-538-2973
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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, 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 Citv'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
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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.
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.
B. 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.
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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 HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND
RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR
PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY
REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR
LOSS OF USE OF ANY PROPERTY, OCCASIONED BY THE TRANSPORTATION,
STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY
MATERIALS ACCEPTED BY PARTICIPATING CITYUNDER THIS AGREEMENT FROM FORT
WORTH.
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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;
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.
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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 27-28 2003
Christmas Holiday, December 25, 2003
New Year's Day, January 1, 2004
M.L.K. Day January 19,2004
Memorial Day, May 31,2004
Independence Day, July 5, 2004
Labor Day, September 6, 2004
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 $52.00 per household per visit to the ECC
or per household for participation in a Mobile Collection Event to dispose of household hazardous
waste.
B. If Fort Worth determines that 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 Fort Worth for its response costs of$60.00 per hour staff time and the cost of supplies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C,
shall be billed to Participating City quarterly 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.
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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 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.
11
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:
Donna Welsh, 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.
12
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 FORT WORTH ;ayor
N OF PHY CLUB
By:
^..�
Libby Watson Smith
Assistant Cit Manager
Date: r �- Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
CIA A A,
Assis nt City Attorney Town Attorney
ATTEST: ATTEST•
A.A'tt'L)Nle
Glori Pearson Diane Cockrell
City Secretary Town Secretary
C,' - / 9 !�7 K5
Contract authorization
L 11COID
To,
���ily
JAL
t 1, yp log lith.
13
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount restocked Special Needs Remarks
55-gallon open top Amount taken off the
drums (open top for trailer
loosepacks)
55-gallon drums Amount taken off the
(closed top) (Oil, trailer
antifreeze, bulk
flammable materials
and one extra
Fiber drums (55-or 30- 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/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 Amount trailer
needed
14
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
15
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/30/2003
DATE: Tuesday, September 30, 2003
REFERENCE NO.: **C-19783 LOG NAME: 52ECC
SUBJECT:
Approval of Interlocal Agreements with Various Municipalities for Participation at the Environmental
Collection Center
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute interlocal agreements with
various municipalities/entities for their participation at the Environmental Collection Center.
DISCUSSION:
The Environmental Collection Center is now in its sixth year of operation collecting household hazardous
waste from the citizens of Fort Worth and surrounding communities on a year-round basis. In order for non-
Fort Worth citizens to participate at the center, each municipality is required to enter into an interlocal
agreement with the City of Fort Worth.
The rate per household for the period covered by these agreements (October 1, 2003, through September
30, 2004) is $52.00. It is anticipated that approximately $468,000 will be collected during the term of these
agreements. During FY2002-2003, twenty-seven ( 27) area communities signed participation agreements
with the City of Fort Worth. For the upcoming year staff expects all of those to participate, and has had
interest expressed by Five others.
The agreement outlines the responsibilities of each party, establishes the rate for participation, and
delineates the usage of service marked public education material. The City of Fort Worth is responsible for
overall operation of the center, including contracting with a hazardous waste disposal company for
transportation and disposal of materials collected. The following entities have expressed an interest (*) or
are expected to commit to participation for the period October 1, 2003 through September 30, 2004:
Arlington Azle Bedford
Benbrook Burleson Cedar Hill
Cleburne Colleyviile Crowley*
Euless Godley* Grand Prairie
Grapevine Haltom City Haslet*
Hurst Keller Mansfield
Newark North Richland Hills Richland Hills
River Oaks Saginaw Southlake
Stephenville The Colony* Trophy Club
Un-incorporated Tarrant County Upper Trinity Regional Water District
Venus Watauga Westworth Village*
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmental Management Department will be responsible for
Logname: 52ECC Page 1 of 2
collection of the funds due under these agreements.
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 488220 0521100 $468,000.00
Submitted for City Manager's Office by- Libby Watson (6183)
Originating Department Head: Brian Boerner (8079)
Additional Information Contact: Brian Boerner (8079)
)gname: 52ECC Page 2 of 2