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HomeMy WebLinkAboutContract 30850 1r 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 Tarrant Regional Water District, situated Tarrant County, Texas, hereinafter called "District", acting herein by and through Jim Oliver, its duly authorized General Manager. 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, § 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 District'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 IV 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 IV landfill. City's Representative means the Director of Environmental Management Department or his designee. C RP 10.1 5.04v2 Interlocal for bbw Designated Service Area means the area within which additional Brush and Bulky Waste collection services are to be provided by District. Director means the City's Director of the Department of Environmental Management and the Director's authorized representative. 2. Pu ose The purpose of this Interlocal Agreement ("Agreement") is for the District to provide collection services for Brush and Bulky Waste to the City on an as needed basis as maybe mutually agreed upon, utilizing the equipment and personnel identified in Attachment A. 3. Term The term of this Agreement is for a period of thirty (30) days commencing on the date the last party executes this Agreement. 4. City's Duties City agrees to perform the following services for District: A. Designate a City representative to provide timely information as to the Designated Service Area to District and render City decisions. B. Work with the District personnel to determine the appropriate collection schedules that best suits the operational needs of both the City and the District. C. At no cost to District, grant and coordinate District'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. District's Duties District 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 District, add additional Designated Service Areas after CRPI0.15.04v2 Interlocal for bbw Page 2 of 6 a Designated Service Area has been deemed by the Director to be successfully completed. 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. District 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. District 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 District pursuant to this Agreement, City shall pay District one dollar ($1.00) for such services set forth in Attachment A. Pursuant to the requirements of Government Code §791.011(d)(3), the amount due District 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. 8. Liabilities A. To the extent permitted by law, District shall be responsible for all work-related deaths, injuries or diseases of District 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 CRP l o.l 5.042 Interlocal for bbw — — Page 3 of caused by City employees or volunteers, relating to work provided pursuant to this Agreement. C. District shall be responsible for all property damages, repairs and replacement, personal injuries and death caused by the use of District 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-assi na�bilit_X 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. CRPI0.15.04v2 Interlocal for bbw Page 4 of 6 py L i 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 District 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 If to the District: 1►YY1 Q�►ver CRP10.15.04v2 Interlocal for bbw Page of 6 aaan n R ::BRIM, TE��, Signature page for Brush and Bulky Waste Collection with District EXECUTED in triplicate in Fort Worth, Tarrant County, Texas. CITYORT WORTH TARRANT REGIONAL WATER DISTRI T Lib atson Jim Oliver Assistant City Manager General Manager Date: � D� Date: /0/,>S OC.14 APPROVED AS TO FORM APPROVED AS TO FORM LEGALITY C'4'y�&N�� Assistant City Attorney A torney ATTEST: fv\ CRP200410.18v2 Marty Hendrix, City ecretary Contract AutAorizatAon Date CRP10.15.04v2 -- Interlocal for bbw ' N Page 6 of 6 ATTACHMENT A District Equipment and Personnel List Three (3) twelve (12) yard Tandom Dump Trucks with Five Operators One (1) sixteen (16) feet Flat Bed Truck with removable side panels with equipment personnel One (1) forty (40) Passenger Bus with Driver CRY _1.. O e w v;•i U Ul p City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/19/2004 DATE: Tuesday, October 19, 2004 LOG NAME: 12AGREEMENT REFERENCE NO.: C-20352 SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant Regional Water District 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 Regional Water District 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. The District 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 for a short period on an "as needed" basis. An interlocal agreement has been negotiated with the District to reflect this agreement. This will be done at a charge of one dollar to the City of Fort Worth. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this agreement will have no material effect on the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bk Marc Ott (6122) Originating Department Head: David L. Yett (7606) Additional Information Contact: Marcia E. Wise (7607) Legname: 12AGRRRMRNT Parr.- 1 of 1