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HomeMy WebLinkAboutContract 26564 COND!IIONALLY-EXEMPT SMALL QUANTITY GENERATOR WASTE DISPOSAL AGREEMENT CITY SECRETARY This AGREEMENT is made by and between the City of Fort Wo ? (t aThome rufe0m'ur� � corporation situated in Tarrant and Denton County, Texatcfm s, ("City") acting by and through Charles Boswell, its culy authorized Assistant City Manager, and the following Conditionally- Exempt Small Qui�intJy Generator company "CESQG": ^Jame of company: _ >g � 7C' �7lJX�iS ��Oy'�, L C Mailing address of company: —SGjpcj C. L ,1.wC.*S_&4Fort Worth Texas—74W/2 T.;pe of business entt, _ �,L� , (exa.,np!e: corporation, partnership, sole proprietorship) :ame- of person c'lte- !fit,_ this grt:Ctiient:— 76ht-1 Ve _ tJe of person enten,h: Into this agreement. In consideration of the mutual promises and benefits of this Contract, the City and the CESQG :gree 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 I 2.2 pounes (0.265 gallons) of acutely hazardous waste(s) in one calendar month. TERM - The term of this AGREEMENT shall run from the last party signs this AGREEMENT until September K, 2001. 3. CITY'S RIGHTS AND OBLIGATIONS - A. CITY shall a�:cept 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 cil-t;�:sed paints; pesticides & herbicides; solvents & thinners; fertilizers; motor grease and fc od grease; alkaline batteries, button batteries, lead acid batteries, lithium batteries '\,C,-, :)atteries; aerosol cans; non-PCB ballasts; fluorescent bulbs and oil filters. CITY will not accept any other waste(s). B. CITY will co 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 costsCITY 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 iot be binding on the CITY. C. CITY will a�cept waste(s) from CESQG on an APPOINTMENT-ONLY BASIS at the ECC. D. Fir waste :hU( CITY accepts from the CESQG at the ECC, CITY will. provide for a waste disposal, E�y -1 -.g firm or firms to collect, transport, store, dispose of, treat, recover, Conditionally-Exem,_t S'. 7 all Quantity Generator Page 1 ,%,aste Disposal Agr_er,t- ,t gi� uu�,� ;•���.:. 1�4 4�tlJ;�C"tp5'�,�It„nLS U(7W(�7I�AI�U i�;r I�I.N,�'lll7tl� �LSU11� m l 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 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 g e Waste Disposal Agreement �jifflutG� '��� INN N LPORY e, aigyyy _ Li uids • �` ?y�� �`�= Solids Antifreeze........ x, $0.55 per gallon 9 Fertilizers. " '; • . ............................:$9.14 per gallb.. Cleaning Solutions ......•. $3.10 per � ° -'•` . gallon Grease (motor, food ............... g �""�`"�• Corrosives...................$3.10 ) $4.10 per allon;.' � per gallon p ,Y�' '�,•-- esticides & Herbicides............$9.14 per gallon -„ Flam .......... $1.63 per gallon B .:; mables....... 9 atteries • :•j+'EYYSftY91TJ.XiN.^ Alkaline.............Oil (motor oil, spent oil) $0.05 per gallon on .....................$0.16 per pound,, .. =F.. Oxidizers.................... $3.46 per gallon Button....................................$0.16 per pound-. =:_..:', Paint (latex, oil-based) $1.36 per gallon Lead Acid................... ........... NO CHARGE` Lithium.............. Pesticides & Herbicides .$4.54 per gallon ........$1.80 per pound' „eeDi• r'c�..i1... _r. Solvents & Thinners......$1.63 per gallon NiCd...... ........:.....................$1,80 per pound :f.. Other Aerosol Cans...............$0.67 per pound Ballastsnon-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 they.- - .,. �F..,.• actual type and amount of waste(s) delivered to the ECC by CESQG and not upon thew~���.; written estimate provided to CESQG by CITY. In addition, a $25.00 return check fee 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- ry. shall be effective immediately. :. 8. ENVIRONMENTAL INDEMNIFICATION: CESQG DOES HEREBY RELEASE, Al� t Conditionally-Exempt Small Quantity Generator Uc) '1r lJ 0 Q r Pege Waste Disposal Agreement (Y117Ur 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. Tne ooligations o' the Contractor under this Section shall survive the expiration of this contract �+ the dischamc. �f all other obligations owed by the parties to each other. ENTIRETY - Tkis AGREEMENT and all delivery documents signed under this AGREEMENT Ponta n all com ritments and agreements of the parties hereto, and no other oral or written :Dmm tments shali have any force or effect if not contained herein. 1'J. SEVERABILITY - In the event any one or more of the provisions contained 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 pro,.,�s;ons had never been contained herein. VENUE - Shop. d any action, real or asserted, at law or in equity, arise out of the terms and conditions of th,s AGREEMENT, venue for said action shall be in Tarrant County,Texas. .;ITY and CESQG nave executed this AGREEMENT in triplicate originals on the dates indicated CITY r/> CESQG Charles Bosw-;II Print na Assistant Citi Manager (Circle o Owir, side Vice President © � Date: ";L TOL 0 ,;T ST: WITNESS: CL 4y �lor a Pearson, ;,3ecretary - ' P t name: 3atl& ,4PPROVED AS T:D FORM AN LE Y: BY: __ '_,'witract Authorization �ssi nt City tt nev rod "ate Condit onally-Exem;>t Small Quantity Generator Page 4 .".aste Disposal Agreament G'�CI City of Fort Worth, Texas "agar andaancilcom' Munication C 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 4tooljor and ounci! Communication ' DATE REFERENCE NUMBERLOG NAME PAGE 8122/00 **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 INFORMATIONICERTIFICATION: The Finance Director certifies that the Department of Environmental Management will be responsible for the collection of fees due. CB:I h. P _ -_._ _... •_- .-._.. ---s�.F+"'.ten-.-�.--r.-._ - ___...__ - • t Submitted for City Manager`s FUND ACCOUNT CENTER AMOUNT, CITY SECRETARY =--_. APPPOVED ;teazles Boswell 8511' �.._.CiT-Y- COUNCIL -- -- )rlginating Department Head: ------ __ — -- - , 22 2000 .._ Irian Boerner 8085 (from) additional Information Contact: City Secretary of the city of Fort'diforti:,Texas .- .-•- ---- rian Boerner 8085 -