HomeMy WebLinkAboutContract 26376 CITY SECRETARY
CONTRACT NO. k i 7
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: &J65i 0124✓ Lorv1-n4C7-045
Mailing address of company: q/ ,5 A/. S/14„r!c W . Fort Worth, Texas
Type of business entity: Soc.c= G2o�Ri�rodS.yiP
(example: corporation, partnership, sole proprietorship)
Company's SIC code: _
Name of person entering into this agreement:_ 550-0try//fi / cok. �
Title of person entering into this agreement: OCAJ 61L
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 Pgel
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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 conditionally-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 ag ees 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:
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Waste Disposal Agreement Uu u ICD �,LE�vQD
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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. ENVIRONMENTAL INDEMNIFICATION: CESQG DOES HEREBY RELEASE,
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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.
ENTIRETY - Th s AGREEMENT and all del very documents signed under this AGREEMENT
cor,tain all cover 'itments and agreements of the parties hereto, and no other oral or written
zommitments snail 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 s -iall 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 forsaid action shall be in Tarrant County,Texas.
CITY and CESQG have executed this AGREEMENT in triplicate originals on the dates indicated
below:
CITY CESQG
BY: Q . -&A BY:
--
Charles Boswell Print name:
Assistant City Manager (Circle one) Owner, President, Vice President
Date: Date: .—�__��aV-- -- --
ATTEST: WITNESS:
-t-611on Pearson, City Secretary Print name:� ►ti r-�C __
APPROVED AS TO
FORM AND LEGALITY:
Contract Auth/�orization
BY: C�Gt� -- - ——--- �f`�7 �ed —
r,sslstant City c:r;iey Date
Condit onaily-Exein',t Small Quantity Generator U'fflCJXL E�ECOQRD Page
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City of Fort Worth, Texas
4vagor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/22/00 **G-12992 1 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
"611jor and Council Communication
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)
APPROVED
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
AUG 22 2000
Brian Boemer 8085 (from)
Additional Information Contact: City SecretUy of the
City of Fe.t e�orti,Tokas
Brian Boemer 8085