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10-029 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 10-029 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE TOWN OF PROSPER, TEXAS AND THE CITY OF FRISCO, TEXAS, FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an Interlocal Cooperation Agreement by and between the Town of Prosper, Texas and the City of Frisco, Texas, for a Household Hazardous Waste Disposal and Reuse Program for the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage, RESOLVED THIS THE 13`h day of April, 2010. Ray Smith,IMayor Pro-Term ATTES' I1IId 0 F P , . ... 0 . ttliew D. Denton TRMC ... �, , own Secretary ;;',' ^ � INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE TOWN OF PROSPER, TEXAS AND THE CITY OF FRISCO,TEXAS, FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM THIS AGREEMENT is made and entered into by and between the CITY OF FRISCO, a home-rule municipal corporation located in Collin and Denton Counties,Texas ("Frisco"), and the TOWN OF PROSPER,a home-rule municipal corporation located in Collin and Denton Counties, Texas ("PROSPER"). 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; and WHEREAS,the collection,transportation, processing and disposal of solid waste and recyclable materials is a governmental function of which both FRISCO and PROSPER are engaged for the benefit of their citizens; and WHEREAS, FRISCO and PROSPER 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 FRISCO has operated an Household Hazardous Waste ("HHW") collection program ("HHW Collection Program") in which certain recyclable or reusable HHW items are collected and recycled through the City's HHW Collection Facility for the benefit of its citizens, as more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes; and WHEREAS, FRISCO maintains and operates a HHW Collection Facility at 6616 Walnut Street, Frisco,Texas ("HHW Collection Facility").The HHW Collection Facility is used for sorting and stocking HHW items collected for reuse and disposal; and WHEREAS, PROSPER wants to start utilizing Frisco's HHW Collection Facility for the proper disposal of possibly hazardous materials delivered by PROSPER residents; and ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PR +GRA . (PROSPER) PAGE 1 OF 15 #571275 WHEREAS, HHW recycling is a common governmental interest shared by both cities, and joint use of FRISCO'S HHW Reuse Facility will benefit the public heath, and safety and welfare of the citizens of FRISCO and PROSPER; and WHEREAS, FRISCO and PROSPER have current funds available to satisfy and fees or expenses incurred pursuant to this Agreement. NOW,THEREFORE, FRISCO and PROSPER, for the mutual consideration hereinafter stated agree as follows: I. EFFECTIVE DATE The effective date of this Agreement shall be April 1, 2010. II. TERM The initial term of this Agreement shall be for the period of one (1)year, beginning on April 1, 2010 and ending September 30, 2010.Thereafter, upon mutual agreement of the parties hereto,this Agreement may be renewed annually for five (5) successive one (1)year terms commencing on October 1 of each year, unless terminated earlier by either FRISCO or PROSPER as set forth below. III. DUTIES OF PARTIES 1. FRISCO will assist PROSPER with start-up of PROSPER's participation and use of FRISCO's HHW Collection Facility by providing literature, policies, procedures, and other operational guidelines from FRISCO's HHW Collection Program. 2. FRISCO will sort and stock the HHW materials delivered to FRISCO'S HHW Collection Facility from PROSPER residents only; no commercial accounts will be accepted. Any over abundance of a single item, as solely determined by FRISCO,will be considered as ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PRgGRAI I PROSPER PAGE 2 OF 15 #571275 commercial waste and will not be accepted. FRISCO will only accept HHW materials identified in the attached Exhibit A as acceptable material from PROSPER residents who also provide a completed Voucher(hereinafter defined)obtained from PROSPER's designated departmental office. 3. FRISCO reserves the right to reject, in its sole discretion, any and all HHW materials, or other solid waste, delivered by PROSPER residents. 4. FRISCO will make the HHW Collection Facility available to citizens of PROSPER during regular HHW materials'collection times identified in Exhibit B, attached hereto and incorporated herein for all purposes. Use of the HHW Collection Facility by residents of PROSPER is limited to pick up of sorted and stocked items in accordance with the policies of the HHW Collection Facility. 5. Under no circumstances will PROSPER residents be allowed to deliver HHW materials without the proper issued Voucher and identification and/or outside of designated drop off times, identified in Exhibit B. 6. Under no circumstances will FRISCO accept any method of payment from PROSPER residents for items not clearly authorized for delivery by the Voucher or for the additional delivery of fee-assessed items, as described in Exhibit C, attached hereto and incorporated herein for all purposes. 7. PROPSER agrees to issue Vouchers according to Paragraph V below. 8. PROSPER shall pay a monthly fee, as set forth in Paragraph IV below, for access and use of the HHW Collection Facility.This monthly fee will be due and payable within thirty(30)days of PROSPER's receipt of any invoice from FRISCO. 9. Upon termination of this Agreement, PROSPER shall immediately cease issuing Vouchers to PROSPER residents and shall provide written notice of the termination of this Agreement to ILA FOR HOUSEHOLD HAZARDOUS WASTE D_II POSAL AND REUSE PROGRAM(PROSPER) PAGE 3 OF 15 #571275 the citizens of PROSPER within thirty(30) days of the notice termination. Upon termination of this Agreement, FRISCO shall cease providing services to PROSPER pursuant to this Agreement. PROSPER will immediately return any remaining Vouchers to FRISCO. IV. PAYMENT TERMS/FISCAL FUNDING 1. PROSPER agrees to pay FRISCO a fee per redeemed voucher as identified in Exhibit C, attached hereto and incorporated herein for all purposes ("Vouchers")for the right to utilize the HHW Collection Facility. FRISCO will return copies of redeemed vouchers to PROSPER as proof of use along with the PROSPER invoice. 2. Additionally, Fee Associated Electronic Waste ("E-Waste") will be billed monthly according to the number of units/items collected. E-Waste will be billed separately from HHW Vouchers according to the number of computer monitors and televisions collected from PROSPER residents, in the amounts identified in Exhibit C and pursuant to the authorized E- Waste Voucher. 3. 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. FRISCO and PROSPER recognize that the continuation of any contract after the close of any given fiscal year, which fiscal years ends on September 30th of each year,shall be subject to approval by the City Council of FRISCO and Town Council of PROSPER, respectively. In the event that the City Council of FRISCO or Town Council of PROSPER do not approve the appropriation of funds for this Agreement,the Agreement shall terminate at the end of the fiscal year for which funds were appropriated, and the parties shall have no further obligation hereunder except the payment of outstanding invoices. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM PROSPER PAGE 4 OF 15 #571275 V. VOUCHERS 1. This Agreement entitles PROSPER to an unlimited amount of HHW and E-Waste Vouchers annually. Each Voucher will have a value ascribed to it as identified in Exhibit C.Vouchers requested by PROSPER are valid until the end of the subject fiscal year or thirty(30) days from issuance, whichever is longer. All Vouchers not redeemed at the HHW Collection Facility within the time period proscribed herein will be forfeited. 2. FRISCO will print and distribute vouchers to PROSPER to be dispersed to PROSPER residents. 3. Vouchers will have separate fields that must be clearly marked for HHW drop off and/or E-Waste drop off, as shown on Exhibit D., 4. Vouchers must be accurately completed by PROSPER representatives with a required PROSPER approving stamp, supplied by FRISCO. Failure to produce accurately completed Vouchers will result in non-collection of items delivered by PROSPER residents. 5. Vouchers issued for fee assessed items will be paid to PROPSER by PROSPER residents. No form of payment from any resident will be accepted at the HHW Collection Facility„ 6. Pricing of Vouchers will be reassessed by FRISCO at the beginning of each fiscal year. VI. 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, PROSPER shall pay all fees that may be due and owing up to and including the effective date of termination of this Agreement. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISP'O'SAL AND REUSE PROGRAM PROSPER PAGE 5 OF 15 #571275 VII. NOTICE Notice as required by this Agreement shall be in writing and delivered to the parties via facsimile or certified mail at the addressed listed below: PROSPER Frank Jaromin Director of Public Works P.O. Box 307 Prosper,TX 75078 Telephone: 972-346-2640 Fax: 972-346-9335 Email:frank iarominP giros joy FRISCO Pippa Couvillion Environmental Services Division Manager 6101 Frisco Square Blvd. Frisco,TX 75034 Telephone: 972-292-5910 Fax: 972-731-4946 Email: couvillion friscotexas ov With comer to: Rebecca Brewer Abernathy, Roeder, Boyd &Joplin P.C. 1700 Redbud Blvd.Suite 300 McKinney,TX 75069 Telephone: 214-544-4000 Fax: 214-544-4040 Email: rbrewer@abernathy-law.com Each party shall notify the other in writing within ten (10)days of any change in the information listed in this paragraph„ ILA FOR H OU§EH LD HAZARDOUS WASTE DISPg5AL ALVEI REEVE PROGRAM(PROPER) PAGE 6 OF 15 #571275 VIII. HOLD HARMLESS To the extent allowed by law, 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 said party's performance under this Agreement, or caused by its negligent acts or omissions(or those of its respective officers, agents, employees or any other third parties for whom it is legally responsible) in connection with performing 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 governmental immunity available to either party individually under Texas law. FRISCO shall be responsible for its sole negligence. PROSPER 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. IX. AGENCY FRISCO and PROSPER agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own act, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Agreement. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM PROSIER PAGE 7 OF 15 #571275 X. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between FRISCO and PROSPER 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. XI. 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. XII. 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 the Agreement by giving the other party thirty(30) days written notice of its intent to terminate. XIII. 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. FRISCO has executed this Agreement pursuant to a duly authorized City Council Resolution No./0-4psdated ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM PROSPER PAGE 8 OF 15 #571275 6 l t S 2010. PROSPER has executed this Agreement pursuant to a duly authorized Town Council Resolution No. dated , 2010. XIV. ASSIGNMENT OF AGREEMENT 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 FRISCO and PROSPER. XV. 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. XVL. GOVERNMENTAL IMMUNITY RESERVED It is expressly understood and agreed that, in the execution of this Agreement,the parties do not waive, nor shall they be deemed hereby to have waived any immunity or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligation, express or implied, other than those set forth herein. XVII. 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 the Agreement may be waived without the express written consent of both 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,. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM PROSIER PAGE 9 OF 15 #571275 Executed in duplicate originals thi day of(X, 2010. Approved as to Form: By; 6UJI WA Rebecca Brewer City Attorney, City of Frisco City of Frisco,Texas Town ofdProsper, s By: By: r George Purefoy Mike Land City Manager Town Manager ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM PROSPER PAGE 10 OF 15 #571275 EXHIBIT A The City of Frisco Household Hazardous Waste (HHW) Collection Program Accepted and Unaccepted Materials Will Update Automatically for Prosper Residents According to Revisions in the City of Frisco Policy I. HHW Materials Accepted Household Products Ammonia-based cleansers Insect Sprays Alkaline batteries Metal polish Bathroom cleaners Mercury Thermometers Drain Cleaners Rechargeable Batteries Fire Extinguishers Thermostat switches (must be an intact Floor Care products Oven Cleaners thermostat unit) Fluorescent bulbs Window cleaners Furniture Polish Garden Products Fertilizers Herbicides Fungicide Pesticides Pool Chemicals Alkaline additives Pool cleaners Pool chlorine Shock treatments Muriatic acid Garage Products Aerosol spray paint Motor Oil Antifreeze Oil based paint Automatic transmission fluid Oil filters Brake fluid Paint stripper Car batteries and battery acid Paint thinner Car wax and metal polish Power steering fluid Diesel fuel Primers Gasoline Propane tanks(BBQ&_Camping ONLY"i Kerosene Turpentine Latex paint Varnish Lighter fluid Wood preservative Electronic Waste Cables Printer Cartridges Cameras Receivers Cell Phones Scanners Keyboards Stereos Mice Speakers Printers VCR All chemicals must be in original labeled containers,automotive fluids in heavy duty plastic bottles clearly labeled,gas and other flammable liquids must be in purpose designed containers. ILA FOR HOUSEHOLD HAZARDOUS WASTE Dt1 POAL jSNQ REUSE PROGRAM(PROSPER) PAGE 11 OF 15 #571275 EXHIBIT A CONT. II. HHW Materials Not Accepted Ammunition Arsenic Banned substances DDT, Chlordane Biological active and medical waste (syringes) Chemical containers larger than five (5)gallons Explosives Oxygen or other compressed gas cylinders (otherthan BBQ and camping propane tanks) Prescription Medication Radioactive Material Televisions over 36 inches Tires ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL REUSE PROGRAM PROSPER PAGE 12 OF 15 #571275 EXHIBT B The City of Frisco Household Hazardous Waste Collection Facility Hours Household Hazardous Waste will only be accepted during the following hours: Winter 1 - February 2DI Wednesdays: 2 p.m. to 5 p.m. Saturdays: 8 a.m. to 1 p.m. Summer HoUrg (March 1 - Sepjgp3ber 0 Wednesdays: 2 p.m. to 6 p.m. Saturdays: 8 a.m. to 1 p.m. The HHW Collection Facility is subject to closure, as solely determined by the City of Frisco, for inclement weather, Holidays, and certain City of Frisco Events. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM PROSPER PAGE 13 OF 15 #571275 EXHIBIT C Vouchers Vouchers will be issued as requested and billed at$50.00 per redeemed voucher. A minimum of thirty (30)vouchers must be issued with each request. Fee Associated Electronic Waste Computer Monitors $10/each Televisions- less than 36" $15/each ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REU$E PROGRAMPROSPERPAGE 14 OF 15 11571275 EXHIBT D EXAMPLE VOUCHER '"��- �`-,�'- aawrw.rrwwwaarawwwrwwa The City of authorizes Electmnic'Waste Who resides at to lhspusal use The =nvirontuental Collection Center that resides at 6616 Walnut Recycliag fees we to be paid to tie Street louring normal hours of operation. ��� to esu of Colscime Cala Vda not accept"T forw of paywst at lim of drop off City Staff Signature Date Con"t"Aloadors S10 'Qt9 7" v Vic, IoN AL picas$15 City .. U Last of seeable� a�7�"and wfornafion ilab at wwW_'�nink?) �"Nm�vu ar imh 'X�� ui¢• Quesfmms?Contact Frisco Fiuvir• at Services at 972 292-5900 -...�._ � "� Total Each visit is lianted to an ac Live of 501bs per drop off of b nehnld cbendtals, Frisco reserves the right to reject any macceptable materids or any item due to incomplee or 1twdw rawt br tar x-nred by y issued wuchers_ bs�dty to w ACC on]&Iters: Awasol Cam Anffreew Batteries Cooidag OiL Computer equipment Plwrescat Bulb Gasoline HouseboW Cleaners Motoroff&Fate Paints, ,sohmms„Sams Pesticides,Vides,fer bens Pool chewkds Recycling Fees will apply to: Computer Monitors "Tele Adons less dm 36" unaccepe Hews: Amnamition Biological active waste(syringes,mechcal waste) Baplosives Radioacti'm'matn'ials Prescr#O=Medicatim Oxygen C Tires Hours of operation Winer(Oct—Feb)Wed 2PM-5PM,Sat SAM-1PM Sum —Sept)Wed 2PM-PM,Sat 8"-IPM Cerner is subject to close doing iaclemenet%wtW, Holidays,and certain.City of Frisco Evens. Sample not&aura to SiM ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM PROSIER PAGE 15 OF 15 #571275