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HomeMy WebLinkAboutR-2022-1-02RESOLUTION NO. 2022-1-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS AND THE CITY OF PLANO, TEXAS TO PARTICIPATE IN HOUSEHOLD HAZARDOUS WASTE RECYCLING AND REUSE PROGRAM; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER: AND PROVIDING I\JNa3DOW IW as 17:111 aI WHEREAS, the City Council of the City of Allen, Collin County, Texas has been presented a proposed Interlocal Cooperation Agreement by and between the City of Allen, Texas, and the City of Plano, Texas to participate in the Household Hazardous Waste Recycling and Reuse Program, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City Manager should be authorized to execute the Agreement on behalf of the City of Allen, Collin County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The Agreement attached hereto as Exhibit "A" having been reviewed by the City Council of the City of Allen, Collin County, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of Allen, Collin County, Texas. SECTION 2: This resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 17'a DAY OF JANUARY, 2002. APPROVED: Stephen Terrell, MAYOR ATTEST: JuJu y CMC/AAE, CITY SECRETARY Exhibit "A" to Resolution No. 2022-1-021R1 Page 1 of 12 INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, AND THE CITY OF ALLEN, TEXAS, FOR HOUSEHOLD HAZARDOUS WASTE RECYCLING AND REUSE PROGRAM THIS AGREEMENT is made and entered into by and between the CITY OF PLANO, a home -rule municipal corporation located in Collin and Denton Counties, Texas (hereinafter referred to as "PLANO"), and the CITY OF ALLEN, a home -rule municipal corporation located in Collin County, Texas (hereinafter referred to as "ALLEN"). WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act. WHEREAS, the collection, transportation, processing and disposal of solid waste and recyclable materials is a governmental function of which both PLANO and ALLEN are engaged for the benefit of their citizens; and WHEREAS, PLANO and ALLEN recognize the benefit of recycling as a means of reducing solid waste disposal and preserving and protecting the health, safety and welfare of their citizens; and WHEREAS, for several years PLANO has operated a household hazardous waste ("HHW") collection program in which certain recyclable or reusable HHW items are collected and recycled through the City's HHW Reuse Facility for the benefit of its citizens (see list attached hereto and incorporated herein as Exhibit A); and WHEREAS, PLANO maintains a HHW Reuse Facility at the City's Parkway Service Center, 4120 W. Plano Parkway. This facility is used for sorting and stocking HHW items collected for reuse. The facility is also used for recycling latex paint and offering it for reuse; and Exhibit "A" to Resolution No. 2022-1-02(R) Page 2 of 12 WHEREAS, ALLEN wants to start a HHW collection program within its corporate city limits and utilize Plano's HHW Reuse Facility to sort and stock its reusable HHW items on a contract basis; and WHEREAS, HHW recycling is a common governmental interest shared by both cities, and the joint use of PLANO'S HHW Reuse Facility and paint recycling operation will benefit the public health, safety and welfare of the citizens of PLANO and ALLEN; and WHEREAS, PLANO and ALLEN have current funds available to satisfy any fees or expenses incurred pursuant to this Agreement. NOW, THEREFORE, PLANO and ALLEN, for the mutual consideration hereinafter stated, agree as follows: I. EFFECTIVE DATE The effective date of this Agreement shall be February 1, 2002. TERM The initial term of this Agreement shall be for the period of one (1) year, beginning February 1, 2002, and ending January 31, 2003. Thereafter, upon mutual agreement of the parties hereto, this Agreement may be renewed annually for five (5) successive one (1) year terms commencing on January 1st of each year, unless terminated earlier by either PLANO or ALLEN as set forth below. I Exhibit "A" to Resolution No. 2022-1-02(R) Page 3 of 12 III. DUTIES OF PARTIES 1. PLANO will assist ALLEN with the start-up of ALLEN's HHW collection program by providing literature, policies and procedures and other operational guidelines from PLANO's HHW Collection Program, as well as, limited hands-on training. 2. PLANO will assist ALLEN with sorting and stocking the HHW materials collected by ALLEN and delivered to PLANO's Reuse Facility. ALLEN will deliver only those HHW materials to PLANO's Reuse Facility which are identified in the attached Exhibit A as acceptable materials. 3. PLANO reserves the right to reject any HHW materials, or other solid waste delivered by ALLEN to the Reuse Facility which in PLANO's sole judgment is unacceptable. ALLEN shall be solely responsible for the proper disposal of any HHW materials or other solid waste materials rejected by PLANO. 4. PLANO will make the Reuse Facility available to citizens of ALLEN upon a mutually agreed upon schedule. Use of the Reuse Facility by citizens of ALLEN is limited to pick up of sorted and stocked items in accordance with the policies of the Reuse Facility. Under no circumstances, will ALLEN citizens be allowed to drop off HHW materials or other solid waste materials at the PLANO Reuse Facility. 5. ALLEN agrees to provide properly trained workers in sufficient number to assist the Plano Reuse Facility staff with unloading, sorting, processing and stocking r HHW material delivered to the Reuse Facility by ALLEN. 6. PLANO and ALLEN agree that each City will maintain their own equipment used in conjunction with the HHW collection program. Exhibit "A" to Resolution No. 2022-1-02(R) Page 4 of 12 7. ALLEN shall pay a monthly fee, as set forth in Paragraph IV of this Agreement, for access and use of the Plano Reuse Facility. This monthly fee shall be due and owing on or before the date set forth in this Agreement. 8. Upon termination of this Agreement, ALLEN shall immediately cease delivery of HHW materials to the Reuse Facility and shall provide written notice of the termination of this Agreement to the citizens of Allen within thirty (30) days of the notice of termination. Upon termination of this Agreement, PLANO shall cease providing services to ALLEN pursuant to this Agreement. IV. PAYMENT TERMS/ FISCAL FUNDING 1. ALLEN agrees to pay PLANO a fee of $.08 per single-family residential household in ALLEN per month for the right to utilize PLANO's Reuse Facility in accordance with the terms of this Agreement. Such payment shall be due and payable to PLANO by the 201" day of each month following the effective date of this Agreement. ALLEN shall provide documentation of the current number of single-family residential homes located within the City of Allen with each monthly payment. 2. All fees and expenses incurred by either party as a result of its obligations hereunder shall be paid from current revenues legally available to each party respectively. ALLEN and PLANO recognize that the continuation of any contract after the close of any given fiscal year, which fiscal years end on September 30th of each year, shall be subject to approval by the City Council of ALLEN and PLANO respectively. In the event that the City Council of ALLEN or PLANO do not approve the appropriation of funds for this contract, the contract shall terminate at the end of the Exhibit "A" to Resolution No. 2022-1-02(R) Page 5 of 12 fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. V. TERMINATION This Agreement may be terminated at any time, with or without cause, by either party giving thirty (30) days advance written notice to the other party. In the event of such termination by either party, ALLEN shall pay all fees that may be due and owing up to and including the effective date of termination of this Agreement. VI. NOTICE Notice as required by this Agreement shall be in writing and delivered to the parties via facsimile or certified mail at the addresses listed below: PLANO Nancy Nevil Solid Waste Manager City of Plano P. O. Box 860358 Plano, Texas 75086-0358 Telephone (972)964-4104 Facsimile: (972) 964-4172 ALLEN Steve Massey Director of Community Services City of Allen One Allen Civic Plaza Allen, Texas 75013 (972)727-0166 (972)727-0165 With Copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith 1800 Lincoln Plaza Dallas, Texas 75201 214-965-9900 214-965-0010 Exhibit "A" to Resolution No. 2022-1-02(R) Page 6 of 12 Each party shall notify the other in writing within ten (10) days of any change in the information listed in this paragraph. VII. HOLD HARMLESS Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, and employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys' fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. In the event of joint or concurrent negligence of the parties to this Agreement, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any govemmental immunity available to either party individually under Texas law. PLANO shall be responsible for its sole negligence. ALLEN shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between PLANO and ALLEN and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Exhibit "A" to Resolution No. 2022-1-02(R) Page 7 of 12 IX. VENUE The laws of the State of Texas shall govern this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto. This Agreement is performable in Collin County, Texas. Exclusive venue shall be in Collin County, Texas. X. SEVERABILITY The provisions of this agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the validity of the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice of its intent to terminate. 0 AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. ALLEN has executed this Agreement pursuant to a duly authorized City Council Resolution No. 2022-1-02(R) dated January 17, 2002. PLANO has executed this Agreement pursuant to duly authorized City Council Resolution No. dated 1 2002. Exhibit "A" to Resolution No. 2022-1-02(R) ASSIGNMENT AND SUBLETTING Page 8 of 12 The parties hereby agree that the duties and obligations arising under this Agreement cannot be assigned or sublet without the prior written consent of both PLANO and ALLEN. INTERPRETATION OF AGREEMENT This is a mutually negotiated Agreement. Should any part of this Agreement be in dispute, the parties agree that this document shall not be construed more favorably for either party. XIV. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. EXECUTED in duplicate originals this -,2—/ day of 2002. Approved as to Form: CITY OF PLANO, TEXAS Diane Wetherbee, City Attorney Thomas H. Mush nbeck City Manager I E Exhibit "A" to Resolution No. 2022-1-02(R) Approy a to Fo l� CFL- By: Peter G. Smith, City ttorney CITY OF ALLEN, TEXAS Peter H. ar as City Ma er Page 9 of 12 I Exhibit "A" to Resolution No. 2022-1-02(R) ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN Page 10 of 12 This instrument was acknowledged before me on the Sil day of nt urn , 2002, by Peter H. Vargas, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. ronme S Schofield Nmery °unlit Stale of Texas SE1TEMBEn 18, 2004 STATE OF TEXAS COUNTY OF COLLIN Notary Publtc, Stak6 of Texas T is instrument was acknowledged before me on the 1�1 / day of 2002 by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLA TEXAS, a home -rule municipal corporation, on behalf of such corporation. ;x"•"" 6PRR.>oA NEWELL Notan o'.00' Notary Public, State of Texas Exhibit "A" to Resolution No 2022-1-02(R) Page 11 of 12 EXHIBIT A The City of Plano Household Hazardous Waste (HHW) Reuse Program HHW Materials Accepted Household Products Ammonia -based cleansers Drain cleaner Fire extinguishers Floor care products Fluorescent bulbs that don't fit in the automated pick-up trash bin Furniture polish Insect sprays Metal polish with solvent Oven cleaner Used syringes with special pick-ups arranged at front porch Window cleaners Products Found in the Garage Aerosol spray paint Antifreeze Automatic transmission fluid Brake fluid Car batteries and battery acid Car wax and metal polish with solvent Diesel fuel Gasoline Kerosene Lighter fluid Latex paint Motor oil Oil-based paint Oil filters Paint stripper Paint thinner Power steering fluid Primers Propane tanks Turpentine Varnish Wood preservatives L Note: All used automotive fluids must be in a heavy duty plastic bottle (such as from detergent or orange juice) secured by a screw -topped lid and clearly labeled with the contents. Exhibit "A" to Resolution No. 2022-1-02(R) Page 12 of 12 Garden Products Fertilizer Fungicide Herbicide Pesticide Pool Chemicals Alkaline additive Pool chlorine Muriatic acid Pool cleaners Shock treatment II. HHW Materials Not Accepted Expired medication — place in trash in sealed containers Ammunition Arsenic Chemicals not in original containers with the exception of used automotive fluids (see Item I note) Chemical containers larger than five gallons Explosives Medical waste Mercury Nuclear/radioactive waste Thermometers Unidentified chemicals A