Item 5BCity of Southlake, Texas
MEMORANDUM
November 12, 2003
TO: Billy Campbell, City Manager
FROM: Rick Black, Director of Public Safety (Ext. 2421)
SUBJECT: Authorize the Mayor to enter into an Interlocal Agreement between the City of
Fort Worth and the City of Southlake for participation in Fort Worth's
Environmental Collection Center and Household Waste Program.
Action Requested: Enter into an Interlocal agreement with the City of Fort Worth for the
collection and disposal of household hazardous waste.
Background
Information: Providing residents of the City of Southlake a method to properly dispose of
household hazardous waste is necessary for the protection of our community
and environment. In 2002, 107 households participated in our drop off event
by bringing hazardous waste to the collection center. The proposed Fort Worth
Agreement extends the DPS program that citizens have become accustomed to.
Residents that need to discard approved waste will have the option of traveling
to the Environmental Collection Center in Fort Worth or dropping off the
waste at one of our drop off events. The cost of the service this year will be
$52 per participating household.
Financial
Considerations: Household hazardous waste collection and disposal is budgeted for in Fire
Services and approved in the current fiscal year. Fort Worth's agreement as
proposed will be within our budget.
Financial Impact: The financial impact is $52 each time a citizen takes advantage of the program.
This amount is a $2.00 increase over the previous agreement. The increase
was required because of funding assistance provided during the 2002/03 fiscal
year from a Council of Governments grant was not awarded for the 2003/04
fiscal year. The adopted 2003/04 budget includes $20,000 for this service.
Citizen Input/
Board Review: Citizen input received during collection events has been positive regarding this
program. Not subject to Board review.
Legal Review: The agreement has been reviewed by City Attorney Debra Drayovitch.
Alternatives: The Council may approve or deny the request. Any modifications would
require approval of the City of Fort Worth.
November 12, 2003
Page 2
Supporting
Documents: Interlocal Agreement with City of Fort Worth
Staff
Recommendation: Place the Interlocal Agreement for participation in the City of Fort Worth
Environmental Collection Center Household Hazardous Waste Program on the
November 18, 2003 City Council meeting agenda for approval.
RB /rf
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 City of Southlake , a municipality situated in Tarrant County, Texas, hereinafter called
"Participating City," acting herein by and through n„dX Wambsuanss 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 Ladinq lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for the aggregation of household hazardous wastes
that have been brought to the facility by participating cities' households for subsequent
recycling, disposal, and /or reuse.
Environmental 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 (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 classed 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.
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.
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.
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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.
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.
Fort Worth agrees to restock the items it removes from Participating City's MCU,
however, Fort Worth shall only restock items listed in Exhibit "A ", attached and
incorporated herein as if set forth.
Mobile Collection Events —Using Fort Worth's Unit
If Participating City would like to schedule a mobile collection event with
the Fort Worth Mobile Collection Unit, Fort Worth will send Participating
City a list of available dates. Participating City will contact Fort Worth as
soon as possible to schedule the date, time and location agreeable to
both parties.
(a) Location
If Participating City chooses to hold the Mobile Collection Event on
private property, Participating City shall obtain a signed waiver
from the owner of the property one (1) week prior to the event.
The waiver shall be in the form of Exhibit B or similar form
approved by Fort Worth. The signed waiver must be sent to Fort
Worth one (1) week before the Mobile Collection Event. If the
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
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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: Jeff V telephone number: 817-481-2810
Pager number or 24 -hour number where he or she can be reached: 817- 407 -3204
Altemate person is Mike Starr telephone number: 817 -481 -2783
Pager number or 24 -hour number where he or she can be reached: 817 - 829 -0556
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.
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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 City's Mobile Collection Units Collecting Household Hazardou 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.
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)
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requirements, and all other applicable federal and state requirements. After all
the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the container content sheets,
and pack them into drums. Oil -based paints and latex paints shall be bulked
separately in 55- gallon drums, or if the paint.is left in its container, the paint can
be packed in a lined cubic yard box, and packed and labeled according to federal
and state regulations. Participating City shall not transport waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispose of
any non -HHW waste collected at the event.
5. Prior to transporting the HHW from the collection event site(s), Participating City's
MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading
in the cab of the truck hauling the MCU during transportation of the HHW to the
ECC. Participating City shall require that a minimum of one copy of the latest
North American Emergency Response Guidebook be kept within the cab of the
truck.
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
shalt 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 DISPOSAURECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposal /recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and /or reuse
of household hazardous waste, which is collected at the ECC.
B. Such firm(s) shall be required pursuant'to the contract(s) to assume generator status for
the waste collected, (excluding used oil, lead -acid batteries and antifreeze) to choose a
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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
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;
the product is still approved for use (i.e., it has not been banned or recalled); and
the product can be used without risk to persons, property or the environment.
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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 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 11 :00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement, 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
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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. 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.
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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.
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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 Boemer, CHMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating City:
Rick Black, Director
Department of Public Safety
667 N. Carroll Ave.
Southlake, Texas 76092_
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.
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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.
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.
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EXECUTED IN TRIPLICATE
CITY OF FORT WORTH
By:
Libby Watson
Assistant City Manager
Date:
APPROVED AS TO FORM
AND LEGALITY:
Assistant City Attorney
ATTEST:
Gloria Pearson
City Secretary
Contract authorization
Date
CITY OF SOUTHLAKE
By:
Printed name: Andy Wambsaanss
Title: Mayor
Date:
APPROVED AS TO FORM
AND LEGALITY:
Assistant City Attorney
ATTEST:
City Secretary
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Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material
Amount Restocked
Special Needs
Remarks
55 gallon open top
Amount taken off the
drums (open top for
trailer
loose packs
55 gallon drums
Amount taken off the
(closed top) (oil,
trailer
antifreeze, bulk
flammable materials
and one extra
Fiber drums (55 or 30
gallon) Aerosols,
Amount taken off the
acids, bases and
trailer
oxidizers
Gaylord box liners
(plastic)
Amount taken off the
trailer
55 gallon drum liners
Amount taken off the
trailer
5 gallon buckets
(filters/haz chemicals)
Amount taken off the
trailer
Survey Forms
Amount taken off the
trailer
Labels /drum placard
Amount taken off the
trailer
Gaylord boxes
Amount taken off the
trailer
Absorbent pads
Amount taken off the
trailer
Vermiculite
Amount taken off the
trailer
Oil dry
Amount taken off the
trailer
Promotional Materials
& Brochures
Amount needed
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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 City of 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 City of
to hold a household hazardous waste collection event on my
property in which the City of 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 City of 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 City of 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
City of 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
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