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Home My WebLink AboutContract 27607CITY SECRETqR1P co►vrRACT rvo . ��o� CONDITIONALLY-EXEMPT SMALL QUANTITY GENERAT�R WASTE DISPOSAL AGREEMENT T�is AGREEMEN7 is ma�e by and between the City of Fort Worth, a home-rule m�nicipal corporation situated in Tarrant and Denton County, Texas, ("City"}, acting by and thraugh Libby Watson, its dufy authorized Assisiant City Manager, and the follawing Conditionally-Exemp# 5mall Quantity Generator company "CESQG": Name o€ company; �? �-�w�S� � ��[� Mailing address vf company: G�1 T�[�� eGl�C�v� Rr� �e�;T�cll�f�• . Texas Typeaf business entity: IMFA-�c�� - __ wfC�r��-( �',��G�e.�r�G�iz (exampls; corporation, artnership, sole proprie�orship) Com�any's SIC code; �S`k� Name of person entering into this agreement: 7 /�. Title of p�rson entering into khis agreement: � l��o S�!� ��u��G� In consid�ration af the muival promises and �enefiks af this Contract, the City and t�e CESQG agree as follows: CERTIFICATION OF CESQG STATUS — CESQG hereby certifies that ii Es a conditionally-exempt small quantity generatar under th� laws of the United States and the State of Texas, and fF�at under normal o�erating conditions ifs busir�ess generates less than 220 paunds (26.5 gallons) of hazardous waste(s) and less than 2.2 pounds (0.265 gailons) of acute�y hazardous waste{s) in one calendar month. 2. TERM - The term of this AGRE�MENT shafl run from the fast party signs this AGREEMENT until December 39, 2002. 3. C17Y'S RIGHTS AND OBl,iGATfONS - A. CITY shalf accept and arrange for ths disposal the following waste(s)s frorrr C�SQG: antifreez�; cleaning solufions; carrosives; flammables; oil (motor oil, sper�t oil); oxidizers; latex and oi�-based paints; �esticides & herbicides; solvent� & thinners; fer�iliz�rs; motor grease and food grease; alkaline batteries, bt�tton batteries, lead acid batteries, lithium bafkeries NiC� batteries; aerosal cans; non-PCB bailasts; fluorescent b�lbs and oiI fifters. CITY wifl 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 pro�ide a written estimate of the weig�Uvolume of such waste(s} and khe costs CITY will charge CESQG to accept such waste(s} at the Environmental Collection Center (ECC) located at 6400 Bridge Street, Fart Worth, Texas, C�SQG acknowledges that written estimates shal! not be binding an fhe CITY. C. CiTY wili accept waste(s) from CESQG on an APPOINTMENT-ONLY BASIS at ti�e ECC. D. For wast� that CITY accepts from the CESQG at the ECC, CITY will provide for a was#e Conditionally-Exempf Small Quantity Ganerator Waste Disposal Agreement Page i I`��II! III�'` �f�..��ltillCl.'��, Ih}��l`:vll6�� 4 � � a � � '�.�� "�C�'.w `<��1�G�� ,;; �.-�.: 4� � ��; �,��i,,ii'i�r'�� u�� . .. -- . �.-*^..,-^,. . disposal/recyclir�g firm or firms to collect, trans�ort, stare, dispose of, treat, recover, and/or reuse hazar�4ous waste and o#her solid waste(s), E, CIT1' will, if requested i� w�iting �y CESQG, provide C�SQG wi#h COpi�S of waste manifests for shipments of CESQG'S waste(s) from khe ECC. CESQG understands that its waste(s} will be cansalidated at the ECC with t�e waste{s} of other co�ditionally-exempt small quantity generatars and househald hazardous waste(s). F. CiTY will act under this Agreement in accordance with all a�plicable state and federal laws. G. CITY reserves the right #o reject any and alf waste(s}. 4. C�SQG'S OBLIGA710NS AfVD RESPONSIB�LITIES - A, CESQG a�rees that it shall safely transport ta the �CC its waste(s) far dis�osal under this AGRE�M�NT following all s#ate and federal laws. CESQG understands that regulations un�er Title 49 of the United States Code of Federal Regulations apply for the iransport of hazardous materiafs in comm�rce. B. C�SQG agr�es that �t shalf bring only the type(s} of waste{s) that is acceptable pursuant to Section 3 A above, C. CESQG agrees that it shall bri�g wasie(s) to the ECC only after first getting a written cpst estimate frorr� GITY and schedulinc� an appointment, CESQG agrees tha# it shall bring wasi�(s) only at its schedulsd appointment dates and times. D. CESQG agrees that th� wasie(s) it brings to ti�e �CC shafl be re�resented and id�ntified to C17Y to the best af CESQG'S a�ility. CESGQ a�rees that it shall not bring t�nknown waste(s) to the �CC. �. The pl�ysical address{es) of CESQG'S facili#ies tF�at are covered under this AGR�EMENT are as follaws: ��t1 � t�� f� �,�� t��0 2; c� ��2�. -t—� 7t�/eG � F. C�SQG ACKNOWL�DGES THAT IT I5 FULLY AWARE OF THE RESPONSIBILITIES AND LIABILfTIES UNDER THE LAWS �� THE UNITED SiATES AND Ofi TH� STATE OF TEXAS FOR THE GEN�RATORS OF HAZARDOIiS WAST�(S), CFSQG AGREES THA7 NOTHING IN THIS AGREEM�NT SHA�L RELIEUE !T FROM SAID RESPO�ISIBILITi�S AND LIABILI7IES. 5. COMPENSATEDN - A. C�SQG agrees to pay CITY for accepting and disposing of waste(s) in accordar�ce with #he following fee schedul�: A!I Waste .............................$130.fl0 base fee per deliv�ry plus: Canditionally-�xernpt 5mall Quantity Generator Page 2 Waste Disposal Agreemet�t Lia�ids Antifreeze .. .. . ............ ...$0.55 per gallon Cleaning Solutions ........$1.82 per gallon Corrosives ...................$3.10 }�er gallon Flammables ................. $1.82 per gallan Oil (motor oil, s�ent oil) $1.82 �er gallon Oxidizers .......... . ......... $3.46 per gallon Paint (latex, oil-basecE) $�.82 per gallan Pesticides & H�rbicides .$4.54 per gallon Solvents & 7hinners,....,$1.82 per gallon th r Aerosol Cans ...............$0.67 per pound Baliasts (nan-PCB).,......$6.00 per bailast Fluorescent �ulbs.........$0.6Q per bulb Di! Fiiters .....................$0.40 per filter Solids Fertilizers ..............................$1.00 �er �allon Grease (motor, food) ....... . . . .....$6.�E2 per gallon Pesticides & Herbicides, , , , . .......$9.14 per gallon Batteries Alkaline ......... . ......... . ... .... ......$4.16 peT pound Buiton ........ .. . . . ....... . . ..... . . .......$0.16 per paund Lea� Acid ............................... NO CHARGE Lithium ...................................$1.80 per pound NiCd ...... ..............................$9.80 per pound B. CESQG acknowledc,�. es and agrees that Cify may adjust any fee listed in Section 6"A" during the term of this agreement by giving CESQG 60 days notice. C. PARTIAL QUAN7IT�ES - Any parfial gallon or any partial pou�d af waste shall ba charged as a full gallon or pound. D. CESQG ur�derstands that payment to CITY is required at the time af delivery of waste(s) to the ECC, and agrees that it shail make such payment af such time, by check only, payab(e to "City of Fort Worti� - DEM". Charges to CESQG shal! be based upon the act�al type and amount of waste{s} delivered to the ECC by CESQG and not upan the written estimate provid�d to CESQG by C�TY. In addi#ion, a$25.00 return check fee wili be charg�d for any check thaf is dishonored. E. GESQG understa�ds and agrees fhat CITY will require additianal payment if it is determined that waste(s) brought to the ECC by GESQG have b�en misidenfified and that fhe cost #o CITY to dis�ose of s�ch was#e(s) is mare than originally estimated. CITY shall bill CESQ� for these additional costs by written statement. CESQG agrees to pay CI`�Y no later than 30 days fallowing the date of the statement. 7. T�RMlNA7iON -- CITY reserves the righ# to terminate this AGREEME�lT at any time, without cause and far any reason w�atsoever, by providing writfen notice to CESQG. Such termination shall be effective immediately. 8. ENVIRONMENTAL iNDEMNI�ICATION.: Conditionally-Exempt Small Quanfity Generator Waste Disposal Agreement CESQG DOES HEREBY RELEASE, Page 3 INDEMNi�Y, DEFEND, REIMBURS�, AND H�LD HARMLESS THE CITY, I7S OFFIC�RS, AGENTS, EMPLOYEES AND V(�LUNTEERS, AGAINST ANY AND AL.L ENVIRONMENi'AL DAMAG�S AND THE V10L.AT[ON �F ANY AND AL�. �NVIRONMENTAL REQUIR�MENTS RESU�.TWG FROM TH� CESQG'S HANDLIN�, CC3�LECTION, TRANSPORTATION, TESTING, STORAGE, DiSPOSAL, TR�ATMEN7 C�F WAST�(5} GENERAGT�D RY CESQG. Ths obligations of tt�e Contr�ctor under this Section shall survive fhe expiration of this coniract and ihe discharge of all atF�er obliga#ions owed by the parties to each otl�er. 9, EN7fR�7Y - This AGR��MENT and all deli��ry documsnts sigrt�d under this AGREEMEN�C contain all commifinents and agreements of the parlies hereto, and r�o other oral or written commitm�nts shall have any force or effect if nr�t cor�tained herein. 1Q. SEV�RA61�lTY - In the event any one or more of the provisions contained in this AGRE�M�N� shall for any reason be held to be invalid, iflegal, or unenforceable �n a�y respect, such �nvalidity, illegality, or unenforceabiliky s��all not af�ect any ofher provision thereof and this AGRE�M�NT shall be construec! as if suc� invalid, iUegal, or unenforceable provisions had r�ever been contained herei�. 11. VENUE - Shoufd any action, real or asserted, at law or in eqt�ity, arise ou# of the terms ar�d conditions of thss AGREEMENT, venu� for saicf ackian shall be in Tarrant County, Texas, ClTY and ESQG have executed #his AGREEMENT in triplicate originals on the dafes in�icated ow: CI�'Y � �J~__ CESQG �/ D BY: v �� BY. (1_ �1.l.i I?r�L i Libby Watson Assistant City Manager D�te: �� u 7i A7,TEST: f-- . .\ ��; � �_ � �� . ✓�c��.,-%.� :;��_�� _ _. . Gloria Pear�on, City Secretary Print name: O � i� (Circle onej Owner re ident, Vice Pr�sident �C��i�g y4ldhv��ti Date: �/ x-Z�I�"� Wli'NESS: rint name;Y ��es' � � z� APPROVED AS TO FOR AND LEG sY: /l -- Assis an at� Conditionally-Exempt Small Quantiiy Genera#or WaSte Disposal Agt-eemer�t Page 4 City of Fort i�o�th, Texas ��ar And �aunc�l Cammun�cAt�an DAT� R�FERENCE NiJMB�R L.OG NAM� PAGE 121� 8101 G-13471 I 52ECC � of 2 SUgJECT APPROVAI. OF PROGRAM CHANGES FOR THE SMALL BUSINESS HAZARD�US WASTE PROGRAM AT THE ENVIRONMENTAL COLLECT{�N CENTER RECOMMENDATION: it is recommended that the City Council: 1. Authorize the approval of program changes for the Small Business Hazardaus Waste Program at the Environmental Collection Center; and 2. Authorize extension of the program to include all small businesses within Tarrant County; and 3. Authorize a rate increase to ca�er �rogram costs. DISCUSSI4N: On August 22, 2000 (M&C G-12992}, t�e City Council ap�roved the Smail Busi�ess Hazardous Waste pilot program at the Environmental Collection Center (ECC}. Over the past year, the �CC has disposed of approximately 17,000 �ounds af waste during the pilot pragram, �or an a�erage of 1,Q00 pounds per business s�rved. On October 1, 2000, in an effort to better serve small busir�esses and housir�g contrackors, th� ECC instiiuted a pilot program for businesses classified as Conditionally Exempf Small Quantity Generators (CESQGs). Pa�t of �he pifot program was to ailow only businesses from Fort Worth to utilize the services at #he ECC. Over the last year, the ECC has turned away over 20 small businesses from outside of Fort Worth (Arlington, White Settl�ment, Haltom City, etc.) wno wanted to dispose of hazar�ous wasfe praperly. Staff is recommending t�e CESQG program be expanded ta include businesses from all of Tarrant County. The Texas Natura! Resources Conser�atEon Commission also has endorsed the ex�ans9on of the CESQG program to include a!i of Tarrant County. The proposed rate schedule increases the flat f�e for handling the waste from $55.00 ta �130.00 as ecanomies of scale are not yet at optima! levels. Ra#e increases are the result of price increases for disposal services and to recoup overhead costs. Rates will a�ply to all small busin�sses served. City of Fort T�oN�h, Texas �Ayar And Caunc�[ �,ammunicAt�an DATE R�F�RENCE NUMB�R LOG NAME PAGE � 2i� a�a� G-13471 � 52Ecc 2 ot 2 SUBJECT APPROVAL OF PROGRAM CHANGES FOR THE SMALL. BUSINESS HAZARDOUS WASTE PROGRAM AT THE ENVIRONMENTAL COLLECTION CENTER FiSCAL IN�ORMATIONICERTIFICATION: The Finance Director certifies ti�at the Enviranmental Management Departmer�t will be responsible for the colleckion and deposit of fees due to the City fram this program. LW:k Submitted far City Manager's orr�� by: I FUND � ACCOUNT i � {ta) � R101 481306 CENTER � AM�UNT C[TY SECRETARY I,ibby Watson Origin�fi�ig Department Head: Brian Boerner Additional Information Contack: G183 � 80"19 (from) 052200242000 APPROVED 12/18/41 Brian Boerner &079