HomeMy WebLinkAboutContract 33447 ECC 817$715277
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CITY SECRETARY
CONTRACT NO
AGREEMENT BETWEEN
THE CITY OF GEM PRATRTF 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 Gr_and p ra —_J"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 shail 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 Cent gr 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,
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and/or reuse.
I-Iouehold Hazardogs 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.
Hou hold 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 parry.
6. Condition of MCU. The MCU shall be in good working condition and Tort Worth shall
disclose any actual or potential problems the MCU may have in performing the tasks necessary
for the Household Ha7mrdous 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 operationof 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.
S. Hold Harmless. CTI`Y HEREBY AGREES TO RELEASE, INDEMNIFY,
REMURSE, DEFEND, AND HOLD HARMLESS FORT WORTH, TTS 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 M.CU
during the term of this agreement.
1.0. 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.
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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 0/1—^//day of *Zcv4 209d l
CITX OF GRAND PRAIRIE
By:
Its Duly Authorized
ATTEST:
City Secr
APPROVED AS TO FORM AND LEGALITY:
Attorney
CITY FORT WORTH
By:
]Libby Wats , Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Christa R. Lopez, Assistant City A. rney
T:
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Marty Hendrix, Cit ecretary
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Contract Authorization
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Date
rage i os z
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
ra�c �. cl �
TO Fund/AccountlCenters FROM Fund/Account/Centers
Submitted for City Manager's Office bT. 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