HomeMy WebLinkAboutContract 31388 CITY SECRETARY
CONTRACT NO.
AGREEMENT BETWEEN
THE CITY OF NORTH RICHLAND HILLS AND THE CITY OF FORT WORTH
FOR THE LOAN OF A HOUSEHOLD HAZARDOUS WASTE TRUCK
AND MOBILE COLLECTION UNIT
The parties to this agreement are the City of North Richland Hills ("North Richland
Hills"), and the City of Fort Worth ("Fort Worth"), both municipal corporations located in
Tarrant County, Texas. This agreement is made and entered into by and between the parties for
the purpose of documenting the terms and conditions of Forth Worth's use of a North Richland
Hills truck and Mobile Collection Unit.
WHEREAS, North Richland Hills is the owner of a specially designed and equipped
thirty-six (36) foot gooseneck box-trailer known as a Mobile Collection Unit and of a 2001 Ford
F-450 truck known as Vehicle#164; and
WHEREAS, the North Central Texas Council of Governments (NCTCOG) has
requested that North Richland Hills lend the Mobile Collection Unit and Vehicle #164 to Fort
Worth for use by Fort Worth's Environmental Collection Center in carrying out an NCTCOG
regional project focusing on the western portion of the NCTCOG region; and
WHEREAS, the NCTCOG regional project will benefit the citizens of both cities by
enabling them to have household hazardous waste collected and disposed of; NOW,
THEREFORE,
NORTH RICHLAND HILLS AND FORT WORTH, FOR THE MUTUAL
CONSIDERATION HEREINAFTER STATED,AGREE AS FOLLOWS:
1. Purpose. North Richland Hills agrees to lend to Fort Worth free of charge one (1)
Mobile Collection Unit and the Ford F-450 truck known as Vehicle #164 (collectively
"Vehicles") owned by North Richland Hills for use by Fort Worth's Environmental Collection
Center in furtherance of NCTCOG's regional household hazardous waste collection project.
2. Initial term. This agreement shall take effect on the date it is fully executed and shall
terminate on August 31, 2005.
3. Early termination. Either party may terminate this agreement with fifteen (15) days'
written notice to the other party.
4. Condition of Vehicles. North Richland Hills shall deliver to Fort Worth the Vehicles in
good condition and shall disclose any actual or potential problems the Vehicles may have in
performing the tasks necessary for the NCTCOG regional household hazardous waste collection
proj ect.
VIA
02-24-05PO4 :47 RCVD J1y� U'
5. Return of Vehicles. On termination of this agreement, Fort Worth shall return the
Vehicles to North Richland Hills. Fort Worth agrees to clean and detail the exteriors of the
Vehicles before returning them to North Richland Hills.
6. Maintenance. Fort Worth agrees to maintain the Vehicles in as good condition-as the
Vehicles were in when Fort Worth took possession, casualty (not caused by Fort Worth or Fort
Worth employees, agents or volunteers) and usual wear excepted, for the duration of this
agreement. Before Fort Worth takes possession of the Vehicles, North Richland Hills shall
provide a list of scheduled required maintenance, if any, to be performed during the term of this
agreement. The parties acknowledge that this list shall constitute only the minimum
maintenance, and that Fort Worth shall be responsible for additional scheduled or unscheduled
maintenance as may be required to keep the Vehicles in as good condition as the Vehicles were
in when Fort Worth took possession .
7. Inspection and inventory. Before Fort Worth takes possession of the Vehicles, both
parties shall inspect them and document any existing damage. The parties shall also inventory
all equipment inside or attached to the Vehicles. Fort Worth agrees that it shall be responsible
for any damage done to the Vehicles and damage or loss of equipment from the time Fort.Worth
takes possession until the Vehicles are returned to North Richland Hills, casualty (not cause by
Fort Worth or Fort Worth employees, agents or volunteers) and usual wear excepted. Upon
return of the Vehicles to North Richland Hills,North Richland Hills will inspect them and report
any damage or loss to Fort Worth for payment pursuant to this agreement.
8. Decals. The parties agree that Fort Worth may place on the Vehicles temporary City of
Fort Worth signs or decals that may cover the North Richland Hills decals currently displayed.
9. Liabilities. To the extent permitted by law, City shall be responsible for all work-related
property damage, personal injury or death caused by City employees or volunteers and arising
out of the use of the Vehicles during the term of this agreement.
10. 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.
11. Entirety. This agreement constitutes the entire agreement by the parties hereunder, and
any prior or contemporaneous oral or written agreements shall be void.
12. 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
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agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never
been contained herein.
AGREED this Qday of , 2005.
CITY OF NORTH RICHLAND HILLS
4
Larry J. Ingham, CityM ' ager
ATTEST:
Patricia Hutson, City Secretary
APPRO TO FORM AND LEGALITY:
George A. Staples, Attorney
CITY 'FORT WORTH
By:
--7
Libby Watson, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY: ATTEST
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Assistant City Attorney Mq Yt� Heed nX SeCX
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Contract Authorizatioxi UITj �
Date