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HomeMy WebLinkAboutCity Council Resolutions (R-97-1312)-12/31/1997 II I RESOLUTION R-97 -1312 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT AUTHORIZING PARTICIPATION IN FORT WORTH'S PERMANENT HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY AND INDEMNIFICATION FOR CITIES' PARTICIPATION AT THE FACILITY WHEREAS, the City of Colleyville desires to provide an opportunity for its citizens to utilize the City of Fort Worth's permanent household hazardous waste collection facility; and WHEREAS, cities in the Tarrant County area have been invited to participate and would be required to approve an inter-local agreement which includes a mutual indemnification, and also establishes each participating city's maximum annual share for use of the permanent household hazardous waste collection facility; and WHEREAS, the City of Fort Worth requires a resolution further describing the environmental indemnification for participating cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. THAT the City of Colleyville, Texas does agree to release, indemnify, defend, reimburse, and hold harmless the participating cities, their officers, agents, employees and volunteers, as set forth in the attached Interlocal Agreement For Participation In Fort Worth's Environmental Collection Center Household Hazardous Waste Program. During each year while there is any liability by reason of said contract, including the calendar years 1997 and 1998, the City Council of said City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and costs of tax collection, which will be sufficient to raise and produce the money required to pay any sums which may be or become due during any such year, in no instance to be less than two percent (2%) of such obligation, together with all interest thereon, because of the obligation assumed. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any liability exists by reason of the obligation ~ I I --_..~- Resolution R-97-1312 Page 2 of 2 undertaken by the contract, and said ad valorem tax shall be assessed and collected each year until all of the obligations herein incurred shall have been discharged and all liability hereunder discharged. AND IT IS SO RESOLVED. Passed by a vote of day of BY CITY COUNCIL. ATTEST: ayes, nays, and abstentions, on this ,1997. THIS RESOLUTION WAS NEVER HEARD / Jean Harris, CMC City Secretary CITY OF COLLEYVILLE / Richard Newton Mayor STATE OF TEXAS 9 9 9 9 9 KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF TARRANT 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 County, Texas, hereinafter called "Fort Worth," acting herein by and through Charles Boswell, its duly authorized Assistant City Manager, and the City of Co lIe yv i 11 ~ Texas, a home-rule municipality situated in Tar ran t County, Texas, hereinafter called "Participating City," acting herein by and through Bob Striplingits duly authorized Ci tv Manaqer WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among municipalities; and WHEREAS, Texas Government Code, 9791.011 provides that a local government may contract with another to perform governmental functions and services, and 9791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, 9791.025 provides that a local government may agree with another local govemment 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. Page 1 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 man and without human intervention. Environmental Collection Center means the City of Fort Worth Department of Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. Environmental damaQes means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this agreement as a result of the 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 govemmental 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 govemmental 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: Page 2 (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 (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 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. Participatinq cities, when used in the plural, means Fort Worth, Participating City, and all other cities 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 9361.003, 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. Page 3 EPA - United States Environmental Protection Agency. HAZCA T - hazardous categorization. HAZWOPER - hazardous waste operations and emergency response. HM - hazardous materials. HHW - household hazardous waste. 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 November 1, 1997, through September 3D, 1998, and may be extended for two one-year terms by agreement of all parties. 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 personnel, perform administrative activities, and provide administrative services necessary to perform this agreement. C. Fort Worth will enter into a contract(s) with a 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. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding Page 4 used oil, lead-acid batteries and anti-freeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities. The parties recognize that although the firm(s) will be required to assume generator status, this assumption will not relieve participating cities of liability for the waste under federal law and state law. Fort Worth will arrange for recycling vendors for used oil, batteries and anti- freeze. D. Fort Worth will, if requested by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. E. Fort Worth will meet with all participating cities in May of 1998 to provide an accounting of actual costs of the ECC household hazardous waste program, in order to begin negotiations for agreements for fiscal year 1998-1999. F. Fort Worth will act under this agreement in accordance with all applicable state and federal laws. 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. 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 and the requirement of proof of residency. C. Participating City will advise its citizens when it has reached the maximum number of households allocated under this agreement for participation in the program, and inform them that they can no longer use the service. 6. 'RIGHT OF REFUSAL OF WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from a resident of Participating City 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; or Page 5 D. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 7. COMPENSATION A. Participating City agrees to pay Fort Worth the sum of $75.00 per household for 236 households, for a total not to exceed amount of $ 1 7 , 700 . 0 q as compensation for its participation in the program. This is an amount that fairly compensates Fort Worth for its services under this agreement. The total not to exceed amount shall be paid to Fort Worth in four equal installments from funds currently available to Participating City. The quarterly installments shall be due no later than ten (10) days following receipt by Participating City of an invoice from Fort Worth. Fort Worth will bill Participating City on November 15, 1997, January 15, 1998, April 15, 1998, and July 15, 1998. B. The invoices will include the number of Participating City's households that contributed HHW to the program during the quarter, the total amount to-date charged against Participating City's account, and the amount remaining in Participating City's account. C. Fort Worth will notify Participating City when at least 75% of the not to exceed amount of this agreement has been spent, and will cut off Participating City's residents from using the ECC when Participating City's allocated funds have been exhausted. D. At the end of the term of the 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, the total cost of spill response charged to Participating City, and the amount of any balance remaining in the account. If a balance remains in the account, Participating City will have the option of receiving a refund or rolling the funds over into the next year's account. Fort Worth shall pay no interest to Participating City on the funds in its account. 8. INDEMNIFICATION A. Environmental Indemnification 1. TO THE EXTENT OF ITS ALLOCATED LIABILITY AS SET FORTH IN PARAGRAPH (A)(5) BELOW, PARTICIPATING CITY DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE PARTICIPATING CITIES, THEIR OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF WASTE WHICH WAS COLLECTED PURSUANT TO THIS AGREEMENT. 2. TO THE EXTENT OF ITS ALLOCATED LIABILITY AS SET FORTH IN PARAGRAPH (A)(5) BELOW, PARTICIPATING CITY DOES HEREBY RELEASE, Page 6 INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE PARTICIPATING CITIES, THEIR OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL VIOLATIONS BY ANY PERSON OF ANY ENVIRONMENTAL REQUIREMENTS PERTAINING TO THE HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE OF WASTE COLLECTED PURSUANT TO THIS AGREEMENT. 3. TO THE EXTENT OF ITS ALLOCATED LIABILITY AS SET FORTH IN PARAGRAPH (A)(6) BELOW, FORT WORTH DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE PARTICIPATING CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF WASTE WHICH WAS COLLECTED PURSUANT TO THIS AGREEMENT. 4. TO THE EXTENT OF ITS ALLOCATED LIABILITY AS SET FORTH IN PARAGRAPH (A)(6) BELOW, FORT WORTH DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS PARTICIPATING CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL VIOLATIONS BY ANY PERSON OF ANY ENVIRONMENTAL REQUIREMENTS PERTAINING TO THE HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE OF WASTE COLLECTED PURSUANT TO THIS AGREEMENT. 5. FORT WORTH AND PARTICIPATING CITY RECOGNIZE THAT UNDER CERCLA A "CRADLE-TO-GRAVE" RESPONSIBILITY EXISTS FOR WASTE COLLECTED UNDER THE ECC HHW PROGRAM. FORT WORTH AND PARTICIPATING CITY RECOGNIZE THAT IT WILL NOT BE POSSIBLE TO IDENTIFY ONE CITY'S WASTE FROM ANOTHER'S ONCE THE WASTE HAS BEEN AGGREGATED. FORT WORTH AND PARTICIPATING CITY FURTHER RECOGNIZE THAT IT IS NECESSARY TO CREATE AN EQUITABLE ALLOCATION OF LIABILITY AMONG THE PARTICIPATING CITIES FOR THE WASTE COLLECTED PURSUANT TO THE ECC HHW PROGRAM. THEREFORE, FORT WORTH AND PARTICIPATING CITY AGREE THAT THE ALLOCATED LIABILITY OF PARTICIPATING CITY UNDER THIS PARAGRAPH (A) SHALL BE CALCULATED AS FOLLOWS: THE ACTUAL NUMBER OF PARTICIPATING CITY'S HOUSEHOLDS CONTRIBUTING WASTE TO THE PROGRAM DIVIDED BY THE ACTUAL NUMBER OF TOTAL HOUSEHOLDS CONTRIBUTING WASTE TO THE PROGRAM = X PERCENT. X PERCENT = THE PERCENTAGE OF THE TOTAL VOLUME OF WASTE COLLECTED THROUGH THE PROGRAM FOR WHICH PARTICIPATING CITY SHALL BE LIABLE. Page 7 6. FORT WORTH AND PARTICIPATING CITY AGREE THAT THE ALLOCATED LIABILITY OF FORT WORTH UNDER THIS PARAGRAPH (A) SHALL BE CALCULATED AS FOLLOWS: THE ACTUAL NUMBER OF FORT WORTH'S HOUSEHOLDS CONTRIBUTING WASTE TO THE PROGRAM DIVIDED BY THE ACTUAL NUMBER OF TOTAL HOUSEHOLDS CONTRIBUTING WASTE TO THE PROGRAM = X PERCENT. X PERCENT = THE PERCENTAGE OF THE TOTAL VOLUME OF WASTE COLLECTED THROUGH THE PROGRAM FOR WHICH FORT WORTH SHALL BE LIABLE. B. Fort Worth agrees that it will require each of the participating cities to enter into like indemnification agreements before participating in the ECC HHW program. Fort Worth and Participating City agree that this is a fair and equitable allocation of responsibility among the participating cities. C. The obligations of the parties under this Section shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the indemnified parties), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. D. The obligations of the participating cities under this Section shall survive the expiration of this agreement and the discharge of all other obligations owed by the parties to each other hereunder. E. The parties agree that their City Council resolutions (or whatever mechanism is used) that approve this agreement will contain substantially the following language: The City of Colleyvi lledoes hereby agree to release, indemnify, defend, reimburse, and hold harmless the participating cities, their officers, agents, employees and volunteers, as set forth in the attached Interlocal Agreement For Participation In Fort Worth's Environmental Collection Center Household Hazardous Waste Program. During each year while there is any liability by reason of said agreement, including the calendar years 1997 and 1998, the City Council of said City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and costs of tax collection, which will be sufficient to raise and produce the money required to pay any sums which may be or become due during any such year, in no instance to be less than two percent (2%) of such obligation, together with all interest thereon, because of the obligation assumed. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any liability exists by reason of the obligation undertaken by the agreement, and said ad valorem tax Page 8 shall be assessed and collected each year until all of the obligations herein incurred shall have been discharged and all liability hereunder discharged. F. Participating City shall submit to Fort Worth a certified copy of the resolution containing the above language attached hereto as Appendix A. Participating City shall not be allowed to participate in the program until the resolution is submitted. 9. 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. 10. 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. 11. 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. 12. NOTICE Any notices required to be given under this agreement shall be delivered as follows: If to Fort Worth: Dr. Edward Sierra, Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 If to Particioatina City: C. Roh~rt. Strip'in~. riry M~nager City of Colleyville P.O. Box 185 Colleyville, Texas 76034 Page 9 13. 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. 14. 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. 15. 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. 16. AUTHORITY This agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 17. 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 in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH PARTICIPATING CITY By: Charles Boswell Assistant City Manager Date: By: Name: ~ Rooort Stripling Title: C i t Y Manager Date: Page 10 APPROVED AS TO FORM AND LEGALITY: Marcia Wise Assistant City Attomey ATTEST: Alice Church City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney ATTEST: JF!rln Hrlrri~ City Secretary Page 11