HomeMy WebLinkAboutContract 33449 tile. 03/07 '06 13:01 No.303 01/03
r' CITY. SECRETARY
yI)NTR G
ACT
AGREEMNT BETWEEN
T$E CTPY OF RTCHLAND HTT,Ls AND THE CMOF FORT WORTHFOR TSE LOAN OF A HOUSEHOLD HAZARDOUS WASTEMOWLE COLLECTION
The parties to.this agrement are the City of RICHLAND HILLS ("C
of Fort Worth. ("Fort Worth"), both municipal corporations beats&is T County,'. Tem.
This agreemerd is made and entered into by and between the; partiesi".far,tbla,Pmoso of
documenting the tw=and conditions of City's use of a Port Worth Mobilt Collodion Ua-
V49FAt ,elf, Fort Worth is the owner of a,spoWally deftwd,a iid equlood thirty 4x
(36) foot gooseneck box-trailer cod o`ne ton pickup kr*wn as a'"le Collecdon Unit acquired
through participation.with the North Central Texas Council 4f Qanuusrts(NG"I�C�O�,to,cy` .
out regional projects for the collection of Household Haxerdoas.WasM tM.-:
WHEREAS, NCTCOG has requested that Fort Worth lend the W01stoflectioni Vnit
("MCU I to City for use in carrying out events for the collection of Household Huardous
Waste; and
W'HERFAS, they.use of the MCU will beoefr the citrons of both parties by collecting
and disposh*of Household Hazardous Waste in a lawfW and sa&manner;
NOW, EFORE, FORT NORTH A" CITY, •P'l' > tin MUTUAL
CONSIDERATION SEIt 3NAFT ER STATED,AGREE AS]R'OLLOWN '
1. ft pose. 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 Cry's use In a Household
Hazardous Wastes collection event Woa mquest and wben awlible..City may.use the MCU to
transport Household Hazardous Waste to Fort Worth Envlrodmentatl Coliequon.. Centee or
another colIecdoiz center which may lawfWly receive Household Hatad bus Wage. City mall.
provide Fort Worth with a written request,facsimlle or e-nwl at leaf tlt*-(30)ftys•ptior to the
Household Hazardous Waste Collection Event for which the requag..is morns, )Rdrt Wort t shall
have sole detammination whether the MCU is available for use by City-and shall notify City as
soon as is reasonably practicable of such. decision. Fort Worth sWl not participate nor be
responsible for any part of the City's Household Hazardous Waste Collection Eveut unless and
except by written mutual agreement.
Z. Definitions.
EuYironmental Collection Center means the City of Fort Worth Dgnrnmeat 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 subsequemt recycling, disposal,
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and/or reuse.
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(bxl), would
be classified as a hazardous waste under 40 CFA Part 261.
Household Hazardous 3MAM Calieetion Event means a honWuAd bazardous waste
collection event by City utilizing a mobile collection unit.
4. Initial term. This agreement shall take effect on the date it'is Wy.executed and shall
terminate one(1)year firm the date it is signed ,
S. Early Tear dnatiun. Either party may terminate this agreement with fifteen (15) days'
written notice to the other party.
6. Condidor of MCU.The MCU shall be in good working conditi .and Fort Worth shall
disclose any actual or potential problems the MCU may beve in performing the tasks awassry
for the Household Hazardous Waste Collection Event Prior to issuance of the MCU, 'a pit-trip
inspection for potential maintenance problems will be prdormed by.tne City. Ajaa,,both parties
will complete a pro-aesthetic assessmem. City shall be responsible:for all caertific$tions, and
insurance necessary for the proper operation of the MCU.
7. Msintenanee and Retarn. City agrees to maims and reams the MCU in as good
condition as than MCU was in when City took possession fb r use._ City sh&return the MCU to
Fort Worth in a timely manner and as mutually agreed upon
8. Hold Hanpl ss.. CI'><'Y HEREBY AGREES TO RELXASM IllP1bEMNIFY,
IMMMUMV, DEFEND, AND HOLD HARMLESS FRT WOMIK M, 6MCMIItS,
AGENTS, SERVANTS, AND l8'M•MMANEES FROM ,AND AGADW ANY AND ALL
LIABU IW, CLA.TIK& SUl[715, DElb ANM OR CAUSES OF AGT.oN WHICH MAY
ARISE DUE TO ANY LOSS OR DAMAGE TO]PFrttSONAL PROPERTY,OR)P' MONAL
/NAT",ANDM MA►ThS OCCURRING A3 A RESULT OF THE USE OF THE MCU.
9. Liabilities. City shall be responsible for all work-rd&W pWeq dameg4, 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 panties waivm nor shall be deemed hereby to waive, any Immunity or
Menu that would otherwise be mailable to it against claims arising in the exercise of
governmental powers and #'unctions. 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 rlgWs in pe-des not signatories hereto.
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11. Entirety. This agreement oanstittAw the entire agreement by the parties harmder, aid
any prior or We.101.4 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 unenfozrtability slall not meet any other provision of this agreement, andtbis
agreement sinal!be construed as if ouch invalid,illegel, or unenforceable provisions had never
been contained herein.
AGREED Us 14 day of MARCH , 2006.
cm OF RICHLAND HILLS
By: &14r
=v coo 14 Duly Authorized MAYOR
AT ES %, .. ..
KIM SUTT City Smeary
AP O FO LEGALITY:
-KZ---
TIM G. SRALLA ,Attorney
CM OF FORT WOWH
By:
L' Watson sistant City manager
.A"OVER AS TO FORM AND LEGALITY:
SCh ista R Lopez,Anisadt Ciq AttMnoy
Marty Hpn' � r`'_,ce 'etary
3 of3
Contract Authorization a
Date
rar'c i L)1
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
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