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Home My WebLink AboutContract 33446 CITY SECRETARY CONTRACT NO. AGREEMENT BETWEEN THE CITY OF HURST AND THE CITY OF FORT WORTH FOR THE LOAN OF A HOUSEHOLD HAZARDOUS WASTE MOBILE COLLECTION UNIT The parties to this agreement are the City of Hurst ("City"), 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 City's use of a Fort Worth Mobile Collection Unit. WHEREAS, Fort Worth is the owner of a specially designed and equipped thirty-six (36) foot gooseneck box-trailer and one ton pickup known as a Mobile Collection Unit acquired through participation with the North Central Texas Council of Governments (NCTCOG) to carry out regional projects for the collection of Household Hazardous Waste; and WHEREAS, NCTCOG has requested that Fort Worth lend the Mobile Collection Unit ("MCU") to City for use in carrying out events for the collection of Household Hazardous Waste; and WHEREAS, the use of the MCU will benefit the citizens of both parties by collecting and disposing of Household Hazardous Waste in a lawful and safe manner; NOW, THEREFORE, FORT WORTH AND CITY, FOR THE MUTUAL CONSIDERATION HEREINAFTER STATED,AGREE AS FOLLOWS: 1. Purpose. During the term of this agreement, Fort Worth agrees to lend to City free of charge one (1) Mobile Collection Unit owned by Fort Worth for the City's use in a Household Hazardous Waste collection event upon request and when available. City may use the MCU to transport Household Hazardous Waste to Fort Worth Environmental Collection Center or another collection center which may lawfully receive Household Hazardous Waste. City shall provide Fort Worth with a written request, facsimile or e-mail at least thirty(30) days prior to the Household Hazardous Waste Collection Event for which the request is made. Fort Worth shall have sole determination whether the MCU is available for use by City and shall notify City as soon as is reasonably practicable of such decision. Fort Worth shall not participate nor be responsible for any part of the City's Household Hazardous Waste Collection Event unless and except by written mutual agreement. 2. Definitions. 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 cities' households for subsequent recycling, disposal, and/or reuse. 1 of 3 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. Household Hazardous Waste Collection Event means a household hazardous waste collection event by City utilizing a mobile collection unit. 4. Initial term. This agreement shall take effect on the date it is fully executed and shall terminate one (1)year from the date it is signed. 5. Early Termination. Either party may terminate this agreement with fifteen (15) days' written notice to the other party. 6. Condition of MCU. The MCU shall be in good working condition and Fort Worth shall disclose any actual or potential problems the MCU may have in performing the tasks necessary for the Household Hazardous Waste Collection Event Prior to issuance of the MCU, a pre-trip inspection for potential maintenance problems will be preformed by the City. Also, both parties will complete a pre-aesthetic assessment. City shall be responsible for all certifications, and insurance necessary for the proper operation of the MCU. 7. Maintenance and Return. City agrees to maintain and return the MCU in as good condition as the MCU was in when City took possession for use. City shall return the MCU to Fort Worth in a timely manner and as mutually agreed upon. 8. Hold Harmless. CITY HEREBY AGREES TO RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS FORT WORTH, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY,OR PERSONAL INJURY,AND/OR DEATH OCCURRING AS A RESULT OF THE USE OF THE MCU. 9. Liabilities. 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 MCU 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. �' i = ' 2of3 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 agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. AGREED this day of 2006. CITY OF HURST By: City Manager—Allan Wee ATTEST: l City §jcretary—Rita Frick APPROVED AS TO FORM AND LEGALITY: lX� Attorney—John Boyle CITY O FORT WOR By: Libby Watson, Assistant City Manager APPROVED AS TO FORM AND LEGALITY: 1 AA�* � A-4a-l-V Christa R. opez, Assistant Cit Attorney �S Marty Hendrix, y Secretary (2- funtract 1�utnnhorizatio�t � Gate Pagel of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/4/2006 DATE: Tuesday, April 04, 2006 LOG NAME: 52MCULOANAGRMT REFERENCE NO.: **C-21387 SUBJECT: Approval of Agreements with Various Participating Cities for the Loan of a Household Hazardous Waste Mobile Collection Unit RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute agreements with various municipalities for the loan of a Mobile Collection Unit (MCU) and truck. DISCUSSION: City Council approved the transfer of a Mobile Collection Unit (MCU) and a 2001 Ford F-450 truck from the City of North Richland Hills on October 4, 2005, (M&C G-14945). This equipment was originally purchased with grant funds through the North Central Texas Council of Governments by North Richland Hills for the specific purpose of conducting household hazardous waste collection events. During the time North Richland Hills was in control of the MCU and truck, several other participating cities borrowed the equipment to conduct household hazardous waste collection events in their communities utilizing their own staff. Under the terms of our participating cities agreement for the Environmental Collection Center, City staff is obligated to conduct only one mobile collection event per year for each city. Borrowing this equipment allows our participating cities the flexibility of providing additional events for their communities. In addition, the unit will be used more and the City of Fort Worth will not need to hire additional personnel to staff it. City of Fort Worth staff will not participate in, nor be responsible for, any part of household hazardous waste collection events conducted as a result of these MCU loan agreements. Wastes collected will be brought in the borrowed MCU to the Environmental Collection Center for consolidation and proper disposal under the terms and conditions of our standard participating cities agreement. At this time, the cities of Grapevine, Grand Prairie, Hurst and Richland Hills are expected to execute MCU loan agreements. In future years, the provisions of this agreement will be incorporated into our standard participating cities agreements. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that approval of the above recommendations will have no material effect on City funds. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/25/2006 Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b Libby Watson (6183) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Kim Mote (5153) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/25/2006