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CONTRACT NO.
LAI Ilk,
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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?
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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:
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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