HomeMy WebLinkAboutContract 25916 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 and Denton Counties, Texas, hereinafter called "Fort
Worth," acting herein by and through Charles Boswell, its duly authorized Assistant City Manager,
and the City of Keller, Texas, a home-rule municipality corporation situated in Tarrant County,
Texas, hereinafter called "Participating City," acting herein by and through Lyle H. Dresher, its
duly authorized City Manager.
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 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, storm water, or land, or relating to the manufacture,
processing, distribution, use, treatment, storage, disposal, transport, or handling of
pollutants, contaminants, or hazardous or toxic substances, materials, or wastes,
whether solid, liquid, or gaseous in nature; and
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(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 (FI_W) 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 TNRCC
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. rr
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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.
3.
TERM
This Agreement shall be effective from 2000, through
September 30, 2000.
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.
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.
1. 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 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 1 week before the Mobile Collection Event. If the signed waiver is not
sent to Fort Worth 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 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. 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: telephone number:
Pager number or 24-hour number where he or she can be reached:
Alternate person is: telephone number:
Pager number or 24-hour number where he or she can be reached:
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."
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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 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,
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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 is 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 1 O., 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 DISPOSAURECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contracts) 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 contracts) 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, a- , ts,
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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
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 para
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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 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 1 1:00 a.m. - 7:00 p.m.
Saturday 9:00 a.m. - 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be closed on the following days:
New Year's Day, January 1, 2000
January 3, 2000 through January 9, 2000, for cleanup and repairs
M.L.K. Day, January 17, 2000
Memorial Day, May 29, 2000
Independence Day, July 4, 2000
Labor Day, September 4, 2000
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. ---p— rr P
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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.
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.
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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:
Phyllis Lee, Assistant to the City Manager
City of Keller
P.O. Box 770
Keller, Texas 76244-0770
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 any one 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.
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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 CITY OF KELLER
By: By:
Charles Boswell Lyle H. D esher
Assistant City Mana er City Manager
Date: v Date: N1,4y i&A Apod
APPRqYED AS TJFRM APPROVE— AST ORM
AND GALITY: AND L A
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ssista City Attorney L. tant L y Attorney
TEST: 42
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Gloria Pearson he p ens
City Secretary City Secretary
Contract Authorization
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Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount Special Needs Remarks
Restocked
55-gallon open top Amount taken off the
drums (open top) trailer
Loose packs
55-gallon drums
(closed top) Amount taken off the
Oil, antifreeze, bulk trailer
flammable materials
and one extra
Fiber drums (55 or
30-gallon) Amount taken off the
Aerosols, acids, bases trailer
and oxidizers
Gaylord box liners Amount taken off the
Plastics 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 Needed
& Brochures
GA
Ply
1 RESOLUTION NO. 1426
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER,
3 TEXAS, APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF
FORT WORTH TO PARTICIPATE IN FORT WORTH' S ENVIRONMENTAL
4 COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
5 FOR AND ON BEHALF OF THE CITY OF KELLER.
6 WHEREAS, Texas Government Code , Chapter 791,
7 authorizes the formulation of interlocal
cooperation agreement between and among local
8 governments; and
9 WHEREAS, Texas Government Code, §791 . 011 provides that
a local government may contract with another
10 to perform governmental functions and
services, and §791 . 003 (3 ) (H) defines waste
11 disposal as a governmental function and
service; and
12
WHEREAS, Texas Government Code, §792 . 025 provides that
13 a local government may agree with another
14 local government to purchase services; and
15 WHEREAS, the City of Keller and the City of Fort
Worth desire to enter into an interlocal
16 agreement whereby Fort Worth will purchase
the services of a waste disposal/recycling
17 firm or firms and will administer a household
hazardous waste collection program, which is
18 attached hereto as Exhibit "A"; and
19 WHEREAS, the City of Keller and the City of Fort Worth
mutually desire to be subject to the
20 provisions of Texas Government Code, Chapter
791, also known as the Interlocal Cooperation
21 Act .
22 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
23 CITY OF KELLER, TEXAS :
24 Section 1 : THAT, the above findings are hereby found to
be true and correct and are incorporated
25 herein in their entirety.
26
27
28
1 CCU
� 11I, y l
1 Section 2 : THAT, the City Council of the City of Keller,
Texas hereby authorizes the City Manager to
2 execute the Interlocal Agreement with the
City of Fort Worth for participation in Fort
3 Worth' s Environmental Collection Center
Household Hazardous Waste Program, in
4 accordance with the terms and conditions set
forth in said agreement which is attached
5 hereto as Exhibit "A" .
6
7 AND IT IS SO RESOLVED.
8 Passed by a vote of 5 to 0 on this the 16th day of May,
2000 .
9
10 CITY OF KELLER, TEXAS
11
12 BY:
13 avid C . Phillips, M or
14 ATTEST :
15
16 Sheila Stephen , Cit Secretary
17 jL. an
F rm and Legality:
18
19 o Lowry, ity Attorney
20
21
22
23
24
25
26
27 „
u�.rs U•s
28PIZ
o
City of Fort Worth, Texas
qV011jor And C.Ou""'I cowl"Unicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
1/4/00 **C-17809 I 52COLLECT 1 of 2
SUBJECT APPROVAL OF INTERLOCAL AGREEMENTS WITH VARIOUS LOCAL GOVERNMENTS
FOR THEIR PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute interlocal agreements
with various local governments to participate at the Fort Worth Environmental Collection Center.
DISCUSSION:
The City's Environmental Collection Center is now in it's third 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, a local government is required to enter
into an interlocal agreement with the City of Fort Worth. Last year, 19 area communities signed
participation agreements with the City. For the upcoming year, it is expected that the number will rise to
22. The rate per household for the period covered by these agreements (January 1, 2000 through
September 30, 2000) is $67.00.
The interlocal agreement 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 the overall operation of the center, including contracting with a hazardous
waste disposal company for the transportation and the disposal of materials collected. The following
local governments have already committed to participate at the City's Environmental Collection Center
for the period January 1, 2000 through September 30, 2000:
Azle Hurst
Bedford North Richland Hills
Benbrook Rhome
Burleson Richland Hills
Colleyville Saginaw
Euless Stephenville
Grand Prairie Unincorporated Tarrant County
Grapevine Venus
Haltom City Watauga
The following municipalities are also expected to participate, but have not yet returned their approved
agreements:
Arlington
Newark
River Oaks
Upper Trinity Regional Water District
City of Fort Worth, Texas
qV01yor and Councilcommunicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
1/4/00 **C-17809 1 52COLLEC7T 2 of 2
SUBJECT APPROVAL OF INTERLOCAL AGREEMENTS WITH VARIOUS LOCAL GOVERNMENTS
FOR THEIR PARTICIPATION AT THE ENVIRONMENTAL COLLECTION CENTER
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmental Management Department will be responsible for
the collection of funds due the City under these agreements.
CB:k
Submitted for City Manager's FUND I ACCOUNT7 .. CENTER 1 AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell _ 8511 APPROVED
Originating Department Head: CITY COUNCIL
Brian Boerner 8079 (from) .JAN 4 2000
Additional Information Contact:
CiSecretary of the
Brian Boerner 8079 city of Fort Worth, exas