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HomeMy WebLinkAboutContract 26403 r CITY SECRETARY CONTRACT NO. CONDITIONALLY-EXEMPT SMALL QUANTITY GENERATOR WASTE DISPOSAL AGREEMENT This AGREEMENT is made by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant and Denton County, Texas, ("City"), acting by and through Charles Boswell, its duly authorized Assistant City Manager, and the following Conditionally- Exempt Small Quantity Generator company "CESQG": Name of company: y -L � f\,N �0-j( , , Mailing address of company: 111 Z U Vj Fort Worth,_Texas Type of business entity: (ex mple: corporati n, partnership, sole proprietorship) Company's SIC code: Name of person entering into this agreement: Title of person entering into this agreement: - In consideration of the mutual promises and benefits of this Contract, the City and the CESQG agree as follows: 1. CERTIFICATION OF CESQG STATUS — CESQG hereby certifies that it is a conditionally-exempt small quantity generator under the laws of the United States and the State of Texas, and that under normal operating conditions its business generates less than 220 pounds (26.5 gallons) of hazardous waste(s) and less than 2.2 pounds (0.265 gallons) of acutely hazardous waste(s) in one calendar month. 2. TERM - The term of this AGREEMENT shall run from the last party signs this AGREEMENT until September 30, 2001. 3. CITY'S RIGHTS AND OBLIGATIONS - A. CITY shall accept and arrange for the disposal the following waste(s)s from CESQG: antifreeze; cleaning solutions; corrosives; flammables; oil (motor oil, spent oil); oxidizers; latex and oil-based paints; pesticides & herbicides; solvents & thinners; fertilizers; motor grease and food grease; alkaline batteries, button batteries, lead acid batteries, lithium batteries NiCd batteries; aerosol cans; non-PCB ballasts; fluorescent bulbs and oil filters. CITY will not accept any other waste(s). B. CITY will go to CESQG'S place of business to review CESQG's stored waste(s) and to provide a written estimate of the weight/volume of such waste(s) and the costs CITY will charge CESQG to accept such waste(s) at the Environmental Collection Center (ECC) located at 6400 Bridge Street, Fort Worth, Texas. CESQG acknowledges that written estimates shall not be binding on the CITY. C. CITY will accept waste(s) from CESQG on an APPOINTMENT-ONLY BASIS at the ECC. D. For waste that CITY accepts from the CESQG at the ECC, CITY will provide for a waste disposal/recycling firm or firms to collect, transport, store, dispose of, treat, recover, Conditionally-Exempt Small Quantity Generator Page 1 Waste Disposal Agreement ;!J� Q11ccul i)ECVbS® and/or reuse hazardous waste and other solid waste(s). E. CITY will, if requested in writing by CESQG, provide CESQG with copies of waste manifests for shipments of CESQG'S waste(s) from the ECC. CESQG understands that its waste(s) will be consolidated at the ECC with the waste(s) of other amditionally-exempt small quantity generators and household hazardous waste(s). F. CITY will act under this Agreement in accordance with all applicable state and federal laws. G. CITY reserves the right to reject any and all waste(s). 4. CESQG'S OBLIGATIONS AND RESPONSIBILITIES - A. CESQG agrees that it shall safely transport to the ECC its waste(s) for disposal under this AGREEMENT following all state and federal laws. CESQG understands that regulations under Title 49 of the United States Code of Federal Regulations apply for the transport of hazardous materials in commerce. B. CESQG agrees that it shall bring only the type(s) of waste(s) that is acceptable pursuant to Section 3 A above. C. CESQG agrees that it shall bring waste(s) to the ECC only after first getting a written cost estimate from CITY and scheduling an appointment. CESQG agrees that it shall bring waste(s) only at its scheduled appointment dates and times. D. CESQG agrees that the waste(s) it brings to the ECC shall be 'represented and identified to CITY to the best of CESQG'S ability. CESGQ agrees that it shall not bring unknown waste(s) to the ECC. E. The physical address(es) of CESQG'S facilities that are covered under this AGREEMENT are as follows: F. CESQG ACKNOWLEDGES THAT IT IS FULLY AWARE OF THE RESPONSIBILITIES AND LIABILITIES UNDER THE LAWS OF THE UNITED STATES AND OF THE STATE OF TEXAS FOR THE GENERATORS OF HAZARDOUS WASTE(S). CESQG AGREES THAT NOTHING IN THIS AGREEMENT SHALL RELIEVE IT FROM SAID RESPONSIBILITIES AND LIABILITIES. 5. COMPENSATION - A. CESQG agrees to pay CITY for accepting and disposing of waste(s) in accordance with the following fee schedule: All Waste.............................$55.00 base fee per delivery plus: Conditionally-Exempt Small Quantity Generator Page 2 Waste Disposal Agreement '')')VF ?1P�,� PECVR® N"C'_'� ' y RWOO .,M I TEX. Liquids Solids Antifreeze....................$0.55 per gallon Fertilizers..............................$9.14 per gallon Cleaning Solutions ........$3.10 per gallon Grease (motor, food)...............$4.10 per gallon Corrosives...................$3.10 per gallon Pesticides & Herbicides............$9.14 per gallon Flammables................. $1.63 per gallon Batteries Oil (motor oil, spent oil) $0.05 per gallon Alkaline..................................$0.16 per pound Oxidizers.................... $3.46 per gallon Button....................................$0.16 per pound Paint (latex, oil-based) $1.36 per gallon Lead Acid............................... NO CHARGE Pesticides & Herbicides .$4.54 per gallon Lithium...................................$1.80 per pound Solvents & Thinners;......$1.63 per gallon NiCd...... ..............................$1.80 per pound Other Aerosol Cans...............$0.67 per pound Ballasts (non-PCB)........$6.00 per ballast Fluorescent Bulbs.........$0.60 per bulb Oil Filters.....................$0.40 per filter B. CESQG acknowledges and agrees that City may adjust any fee listed in Section 6 "A" during the term of this agreement by giving CESQG 60 days notice. C. PARTIAL QUANTITIES - Any partial gallon or any partial pound of waste shall be charged as a full gallon or pound. D. CESQG understands that payment to CITY is required at the time of delivery of waste(s) to the ECC, and agrees that it shall make such payment at such time, by check only, payable to "City of Fort Worth - DEM". Charges to CESQG shall be based upon the actual type and amount of waste(s) delivered to the ECC by CESQG and not upon the written estimate provided to CESQG by CITY. In addition, a $25.00 return check fee will be charged for any check that is dishonored. E. CESQG understands and agrees that CITY will require additional payment if it is determined that waste(s) brought to the ECC by CESQG have been misidentified and that the cost to CITY to dispose of such waste(s) is more than originally estimated. CITY shall bill CESQG for these additional costs by written statement. CESQG agrees to pay CITY no later than 30 days following the date of the statement. 7. TERMINATION — CITY reserves the right to terminate this AGREEMENT at any time, without cause and for any reason whatsoever, by providing written notice to CESQG. Such termination shall be effective immediately. 8. ENvIRO":MENTAL INDEMNIFICATION: CESQG DOES HEREBY RELEASE, Conditionally-Exempt Small Quantity Generator Page 3 Waste Disposal Agreement :sir lr u(' FICA D J L% I�TbfI lY U Uu U'J\:1U1y � e B INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE CESQG'S HANDLING, COLLECTION, TRANSPORTATION, TESTING, STORAGE, DISPOSAL, TREATMENT OF WASTE(S) GENERAGTED BY CESQG. The obligations of the Contractor under this Section shall survive the expiration of this contract and the discharge of all other obligations owed by the parties to each other. 9. ENTIRETY - This AGREEMENT and all delivery documents signed under this AGREEMENT contain all commitments and agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 10. SEVERABILITY - In the event any one or more of the provisions curtained in,this 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 thereof and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 11. VENUE - Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this AGREEMENT, venue for said action shall be in Tarrant County,Texas. CITY and CESQG have executed this AGREEMENT in triplicate originals on the dates indicated below: CITY � �� -� j� CESQG i BY: C..aI �� i BY: Charles Boswell Print name: Vve\ Assistant City Manager (Circle one) Owner, President, Vice President Date: Date: AT ST: WITNESS: Gloria Pea son, City Secretary -D� Print ame: G APPROVED AS TO FORM AND LEGALITY' jT qa A BY: Contract Authorization Assistant ttorney p Date Conditionally-Exempt Small Quantity Generator Page 4 Waste Disposal Agreement ���D��Qd City of Fort Worth, Texas 4voluor and council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/22/00 **G-12992 52COLLECTION 1 of 2 SUBJECT APPROVAL OF FEE SCHEDULE FOR FORT WORTH SMALL BUSINESS HAZARDOUS WASTE PILOT PROGRAM AT THE ENVIRONMENTAL COLLECTION CENTER RECOMMENDATION: It is recommended that the City Council authorize the attached fee schedule to be used for the Small Business Hazardous Waste Pilot Program for Fort Worth Small Business Owners at the Environmental Collection Center beginning October 1, 2000. DISCUSSION: In an effort to better serve Fort Worth small business owners, the Environmental Collection Center (ECC) is proposing a hazardous waste pilot program for businesses classified as Conditionally Exempt Small Quantity Generators (CESQGs) beginning October 1, 2000. The Texas Natural Resource Conservation Commission (TNRCC) defines CESQGs as entities that generate less than 220 pounds (26.5 gallons) of hazardous waste per month and/or less than 2.2 pounds (.265 gallons) of a designated acutely hazardous waste. CESQGs cannot accumulate more than 2,200 pounds of waste on their property on an annual basis. Over the last year, the ECC has seen an increase in the number of contractors attempting to dispose of their commercial waste as household hazardous waste. CESQGs traditionally have minimal disposal outlets for the waste they generate. When businesses are able to find disposal outlets, the cost for the disposal is frequently so expensive many contractors look for more economical ways of disposing of these wastes including illegal dumping. Implementation of this program will help to slow illegal dumping as well as provide a service to area businesses. A modest informational advertisement program will initiate the CESQG waste disposal during its first year as a pilot program. Instead of a formal advertising campaign, the ECC will alert Fort Worth small business associations to our services. The ECC staff will also make presentations and distribute pamphlets to businesses interested in the proper disposal of their hazardous waste. The CESQG program will be by appointment only. Patrons of this program will be scheduled to drop off waste on Tuesday, Wednesday, or Friday. Businesses will be made aware of the strict appointment policy. The appointment policy will allow the ECC to monitor (1) waste amounts and businesses that fall outside of the strict CESQG guidelines; (2) types of waste brought to the ECC (i.e., no radioactive material or ammunition is accepted); and (3) scheduling of temporary staff on collection days. All small business owners will be required to sign a release indemnifying the City from liability for the waste. The City Council's Government Relations Committee was briefed on this pilot program at their meeting on August 8, 2000. City of Fort Worth, Texas "Ayer And CouncilCommunication DATE REFERENCE NUMBER LOG NAME PAGE 8/22/00 **G-12992 52COLLECTION 2 of 2 SUBJECT APPROVAL OF FEE SCHEDULE FOR FORT WORTH SMALL BUSINESS HAZARDOUS WASTE PILOT PROGRAM AT THE ENVIRONMENTAL COLLECTION CENTER FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Department of Environmental Management Will be responsible for the collection of fees due. CB:I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) CITY Charles Boswell 8511 CITY C©11VNCI Originating Department Head: r L Brian Boerner 8085 (from) AUG 22 2000 ems" Additional Information Contact: City Secretary of the City of Fort Worth,Texas Brian Boerner 8085