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HomeMy WebLinkAboutContract 47786 CITY SECRET ► r �� CONTRACT NO. LAI Ilk, ��r FORTWORTH � Property Loan Agreement for Big BellyTm Trash Receptacles City of Fort Worth and the Tarrant Regional Water District The City of Fort Worth (hereinafter "City") agrees to loan five (5) Big Belly brand trash receptacles (hereinafter "Units") to the Tarrant Regional Water District, a Water Control and Improvement District, (hereinafter "TRWD") for the purpose of a solid waste management demonstration program. The City and TRWD enter into this agreement independently, in their respective capacities. Nothing herein shall be construed as creating a joint venture or joint enterprise between the City and TRWD. 1. Equipment: Five (5) Big Belly brand trash receptacles (the "Units"). 2. Deployment locations: The Units may be placed at any location in the City of Fort Worth along the Trinity River that, in the determination of the TRWD, will be an effective demonstration site. 3. Term: The term of this agreement shall be for one (1) year beginning of the date of execution of this agreement by the TRWD. This agreement may be extended by the mutual agreement of the parties in writing. 4. Termination: This agreement may be terminated by either party without cause, with thirty (30) days written notice. 5. Consideration: There shall be no fee for the use of the Units during the term of this agreement. Consideration for this agreement is the mutual exchange of promises for the public purpose of this solid waste management demonstration program. As further consideration, the City may elect to donate the Units to TRWD, upon mutual agreement of the parties. for public purposes at any time, in exchange for an agreed upon period of continuing operation of the Units for litter collection. 6. Solid waste disposal and operational costs: The TRWD will pay all costs of the collection and disposal of solid waste from the trash receptacles. In addition, TRWD will pay for all operational and maintenance costs for the trash receptacles, including the radio transmitter fees, however, this may_be-included" OFFICIAL RVCo" CITY OF FORT WORTH q.,y 1ECRETAlly The City of Fort Worth * 1000 Throckmorton Street�t Fort Worth,Texas 7 1 2 ate? co��� �,v with the units TRWD is not responsible for any fees, costs or expenses related to the Units other than as set forth in this agreement. 7. Reports: The TRWD will report the following data to the City on a quarterly basis during a test period of one year or as otherwise agreed by the parties: • Frequency of collection of each container. • Was web tracking used to determine collection timing? • Was the presence of litter reduced around the Big Belly Solar Compactors? 8. Possession: The parties will arrange for TRWD to take possession of the Units for this demonstration program at a mutually agreed time. The TRWD will return the Units within thirty (30) days of termination of the agreement, unless permanent ownership is transferred from the City to the TRWD pursuant to Section 5. 9. Repair of damage to Units: During the term of this agreement, TRWD will not be responsible for the repair of any damage to the Units by third parties. The TRWD will repair any damage to the Units caused by its employees, contractors, or agents. TRWD will determine the cause of damage to the Units. 10.Liability: The parties agree that each is responsible for the acts and omissions of its own employees, contractors, and agents. Neither party is the employee, contractor, or agent of the other party. The TRWD will be responsible for any claims, subject to all applicable laws, involving its employees, contractors, and agents and the Units in its possession. While the Units are in possession of the TRWD, they shall be under the exclusive control of the employees of the TRWD. Employees of the City of Fort Worth have no authority or duty to exercise any control over the trash cans while they are in possession of the TRWD. Neither the TRWD nor the City shall be liable to one another for property damage or personal injury claims by third parties which are not caused by the actions of either of the parties to this agreement. 11.No waiver: Neither party waives its governmental immunity by virtue of this agreement. 12.Severability: The fact that a particular provision of this agreement is held to be void or unenforceable in no way affects the validity of any other provisions and the agreement will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. Loan Agreement for Big BellyTm Trash Receptacles Page 2 of 4 13.Entire agreement: This agreement constitutes the entire agreement between the parties as to the subject matter contained herein and may not be changed, modified, discharged, or extended except by written instrument duly executed on behalf of the parties. 14.Notice: Notice under this agreement will be by certified mail to the following representatives of the parties: If to the City: Robert Smouse, Assistant Director Code Compliance Department Solid Waste Services Division 4100 Columbus Dr. Fort Worth, TX 76133 If to TRWD: Angel Portales Tarrant Regional Water District 800 E. Northside Drive Fort Worth, TX 76102 SIGNATURE PAGE Loan Agreement for Big BellyTm Trash Receptacles Page 3 of 4 CITY OF FORT WORTH TARRANT REGIONAL WATER DISTRICT By: By: Fernando Costa Angel Portales Assistant City Manager Floodway Manager Date: S//6//G Date: S APPROVED AS TO FORM APPROVED AND LEGALITY: 0�� NIP Assistant City Attorney Sylvia M. Hartless u2 IV,r�'k&g sle— General Counsel ATTEST- �� P0 ,':f:, aryJ. 1<6 f $ � City Secret ry AS OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Loan Agreement for Big BellyTm Trash Receptacles T Page 4 of 4