HomeMy WebLinkAboutContract 30752 ( � D CITY SECRETARY
CONTRACT No.
INTERLOCAL AGREEMENT
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
"City," acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and
the County of Tarrant, Texas, hereinafter called "County", acting herein by and through Tom
Vandergriff, its duly authorized County Judge.
WITNESSETH :
WHEREAS, the City is responsible for the collection and disposal of solid waste, which
includes the collection of Brush and Bulky Waste,within it's corporate limits;
WHEREAS, the City is in need of assistance in the collection of Brush and Bulky Waste;
WHEREAS, Texas Government Code, Chapter 791 authorizes the formation of interlocal
cooperation agreements between governmental entities to perform governmental functions and
services; and
WHEREAS, the parties 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
Brush means shrub limbs, tree limbs, tree trimmings resulting from landscape maintenance and
cleaning operations and untreated lumber (essentially free of hardware and nails, provided untreated
lumber with hardware and nails can be collected without harm to County's employees), not
exceeding eight(8) feet in length. Brush shall also include leaves and yard waste.
Bulky Waste means furniture, treated wood, construction materials, mattresses and box springs,
carpet, swing sets, plastic swimming pools, small and large toys, bicycles, fish aquariums, toilets,
household appliances, electronic equipment, and other similar items, cardboard boxes containing
materials permitted to be disposed of at a Type N landfill, White Goods (CFC-Free), large
branches, tree trunks, root balls; provided, all such materials must be permitted to be disposed of in
a Type TV landfill.
City's Representative means the Director of Environmental Management or his designee.
Designated Service Area means the area within which additional Brush and Bulky Waste
collection services are to be provided by County.
W
Director means the City's Director of the Department of Environmental Management and the
Director's authorized representative.
2.
Purpose
The purpose of this Interlocal Agreement ("Agreement") is for the County to provide
collection services for Brush and Bulky Waste to the City on an as needed basis as may be mutually
agreed upon, utilizing the equipment and personnel identified in Attachment A.
3.
Term
The term of this Agreement is for a period of one (1) year commencing on the date the last
party executes this Agreement.
4.
City's Duties
City agrees to perform the following services for County:
A. Designate a City representative to provide timely information as to the
Designated Service Area to County and render City decisions.
B. Work with the County personnel to determine the appropriate collection
schedules that best suits the operational needs of both the City and the County.
C. At no cost to County, grant and coordinate County's access to City facilities to
perform the collection services as defined herein.
D. Pay all fees associated with the disposal, collection, processing and marketing of
the Brush and Bulky Waste collected at the Designated Service Areas.
5.
County's Duties
County agrees to perform the following services for City:
A. Perform collection services for Brush and Bulky Waste in the Designated Service
Areas at time(s) that are mutually agreeable to by both parties. The City may, with
the written approval of the County, add additional Designated Service Areas after
a Designated Service Area has been deemed by the Director to be successfully
completed.
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B. When possible, report to the Director the estimated quantity in tons and cubic
yards of Brush and Bulky Waste collected and disposed of by Designated Service
Area.
C. Coordinate collection schedules with the City's designated representative(s).
D. Deliver all Brush and Bulky Waste collected hereunder to the landfill site
designated by the City, which shall be either IESI Landfill site located at 4144
Dick Price Road, Kennedale, Texas or Southeast Landfill site located at 6900
Dick Price Road, Fort Worth, Texas. County shall not be responsible for any
disposal costs associated with such collection services.
E. Maintain all equipment provided for such collection services as listed in
Attachment A in a satisfactory, safe and efficient working condition so that no
injury to the workers or property will result from its use. County shall be
responsible for initiating, maintaining and supervising all safety precautions and
programs, for its employees in connection with the work and services performed
hereunder.
6.
Compensation
As fair and complete compensation for the services to be provided by County pursuant to
this Agreement, City shall pay County for such services in the unit prices set forth in Attachment
A. The total cost to City under this Agreement shall not exceed one hundred thousand
(S 100,000). Pursuant to the requirements of Government Code §791.011(d)(3), the amount due
County shall be paid from revenues available to City in fiscal year 2004 through 2005.
7.
Termination
This Agreement may be terminated upon ten (10) days written notice to the other party.
City shall pay for all services received prior to the receipt of the notice of termination.
8.
Liabilities
A. To the extent permitted by law, County shall be responsible for all work-related deaths,
injuries or diseases of County employees, and for property damage, personal injury or
death caused by such employees, relating to work provided pursuant to this Agreement.
B. To the extent permitted by law, City shall be responsible for all work-related deaths,
injuries or diseases of City employees, and for property damage, personal injury or death
caused by City employees or volunteers, relating to work provided pursuant to this
Agreement.
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C. County shall be responsible for all property damages, repairs and replacement, personal
injuries and death caused by the use of County equipment and vehicles pursuant to this
Agreement.
D. City shall be responsible for all property damages, repair and replacement, personal
injuries and death caused by the use of City equipment and vehicles caused by City
employees or volunteers pursuant to this Agreement.
9.
Immunity
It is expressly understood and agreed that, in the execution of this Agreement, neither of
the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers and
functions. By entering into this Agreement the parties do not intend to create any obligations,
expressed or implied, other than those set forth herein and this Agreement shall not create any
rights in parties not signatories hereto.
10.
No Third-Party Beneficiaries
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of this
Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts
or commitments.
11.
Non-assignability
Except as otherwise expressly provided herein, this Agreement is non-assignable, and
any unauthorized purported assignment or delegation of any duties hereunder, without the prior
written consent of the other party, shall be void and shall constitute a material breach of this
Agreement.
12.
Entirety
This Agreement and all attachments incorporated herein by reference constitute the entire
Agreement by the parties hereunder, and any prior or contemporaneous oral or written
agreements shall be void.
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13.
Severability
In case any one or more of the provisions contained in the 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 of this Agreement, and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
14.
Venue
This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and the venue for any litigation arising from this Agreement shall be in Tarrant County,
Texas.
15.
Authority
This Agreement is made for City and County as an Interlocal Agreement pursuant to
Chapter 791 of the Government Code of Texas.
16.
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 actions extending such
authority have been duly passed and are now in full force and effect.
17.
Notices
Any notices (unless otherwise specified herein), bills, invoices or reports required by this
Contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the
address noted below:
If to the City: Kim Mote, Assistant Director
Solid Waste Services Division
Department of Environmental Management
City of Fort Worth
4100 Columbus Trail
Fort Worth, Texas 76133
I
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If to the County: G. K. Maenius, County Administrator
100 E. Weatherford St.
Fort Worth, Texas 76196
EXECUTED in triplicate in Fort Worth, Tarrant County, Texas.
CITY OF FORT WORTH COUNTY OF TARRANT, TEXAS
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Page 6 of 6 _ - 7 _
ATTACHMENT A
Resources Committed Time Frame
Precinct 1
SW Tarrant County 1 Open Bed Brush Truck
T.C. Webster 2 12-yd Tandem Dumps 2 four-day
817.615.4050 3 Operators weeks
Precinct 2
SE Tarrant County
Tim Farris 3 15-yd Dumps 2 four-day
817.992.0757 1 3 Operators weeks
Precinct 3
NE Tarrant County
Richard Schiller 4 Tandem Dumps 2 week period
817.431.5313 4 Operators prior to 11/6
Precinct 4 11 Dump Trucks
NW Tarrant County 3 Front-end Loaders
William Russell 14 Operators
817.306.4000 Shop mechanics 1 week period
Each Precinct shall be compensated as follows:
$23.00 per hour per employee
$90 per day per piece of equipment
Fuel to be reimbursed at County cost
Time and one half shall be paid for County Employee who work over time for service
under this Agreement
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/19/2004
DATE: Tuesday, October 19, 2004
LOG NAME: 121NTERLOCAL REFERENCE NO.: C-20353
SUBJECT:
Authorize Execution of an Interlocal Agreement with Tarrant County for the Collection of Brush and
Bulky Waste
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an interlocal agreement with
Tarrant County for the collection of Brush and Bulky Waste.
DISCUSSION:
The collection of brush and bulky waste within the City of Fort Worth (CFW) is in the common interest of all
parties. CFW has entered an agreement with Waste Management (WM), which CFW and WM recently
amended. During the interim period, CFW will be using city vehicles and employees to work with WM in the
collection of brush and bulky waste until November 1, 2004. On that date, WM will be collecting brush and
bulky waste with new schedules and new collection rates. Tarrant County was approached by CFW and
was willing to provide a limited number of additional vehicles and labor to aid CFW's efforts to collect brush
and bulky waste until November 1, 2004 and thereafter on an "as needed" basis. An interlocal agreement
has been negotiated with the County, with the understanding that CFW would reimburse the County actual
costs for personnel and equipment as invoiced by the County. The invoice will identify the employee, rate
of pay and number of hours worked. The invoice will also identify by equipment class, the hourly cost, the
number of units provided and total hours utilized. The amount of this agreement is not to exceed one
hundred thousand dollars ($100,000).
After November 1, 2004 (after the new rates and terms for Waste Management go into effect) the interlocal
agreement will continue to be in effect through one year after its effective date. The parties understand that
after November 1, 2004 the request for help from the County will be limited to (1) on an "emergency basis"
or (2) above the 150 pay piles which WM is contractually given exclusive duty to collect.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Solid Waste Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE64 539120 0525002 $0.00
Submitted for City Manager's Office bk Marc Ott (6122)
Originating Department Head: David Yett (7623)
Additional Information Contact: Marcia E. Wise (7607)
Logname: 121NTERLOCAL Page 1 of 1