HomeMy WebLinkAboutContract 46039 CONTRACT NO. , �..�.�.�
FORTWORTH
Property Loan Agreement for Big BellyTm Trash Receptacles
City of Fort Worth and the Fort Worth Transportation Authority
The City of Fort Worth (hereinafter "City") agrees to loan five (5) Big Belly brand trash
receptacles (hereinafter "Units") to the Fort Worth Transportation Authority (hereinafter
"The T") for the purpose of a solid waste management demonstration program. The
City and The T 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 The T.
1. Equipment: Five (5) Big Belly brand trash receptacles.
2. Deployment locations: The Units will be deployed in the City of Fort Worth
throughout the term of this agreement, with at least two (2) units on East
Lancaster Avenue between 1-35W and Oakland Blvd. The remaining units may
be placed at any location in the City of Fort Worth that, in the determination of
The T, 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 City. 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
r'', program. As further consideration, the City may elect to donate the units to The
T for public purposes if at the conclusion of the program, in the sole judgment of
the City, the demonstration program is deemed successful.
6. Solid waste disposal and operational costs: The T will pay all costs of the pickup
o and disposal of solid waste from the trash receptacles. In addi ' The Twill pay
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for all operational and maintenance costs for the trash receptacles, including the
radio transmitter fees.
7. The T will report the following data to the City on a quarterly basis:
• 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 The T to take possession of the units for
this demonstration program at a mutually agreed time. The T will return the units
within thirty (30) days of termination of the agreement, unless permanent
ownership is transferred from the City to The T pursuant to Section 5.
9. Repair of damage to units: During the term of this agreement, The T will not be
responsible for the repair of any damage to the Units by third parties. The T will
repair any damage to the Units caused by its employees, contractors, or agents.
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 T will be responsible for any claims,
subject to the Texas Tort Claims Act, involving its employees, contractors, and
agents and the Units in its possession. While the Units are in possession of The
T, they shall be under the exclusive control of the employees of the T.
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 T. Neither The T
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.Neither party waives its governmental immunity to any third party by virtue of this
agreement.
12.Severability: The fact that a particular provision of this agreement may be 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.
13.Entire agreement: This agreement constitutes the entire agreement between the
parties as to the subject matter contained herein and may not be changed,
Loan Agreement for Big BellyTm Trash Receptacles Page 2 of 3
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:
Kim Mote, Assistant Director
Code Compliance Department
Solid Waste Services Division
4100 Columbus Dr.
Fort Worth, TX 76133
If to The T:
Nancy K. Amos
Senior Vice President
Fort Worth Transportation Authority
1600 E Lancaster Avenue
Fort Worth, TX. 76102
CITY OF FORT WORTH FORT WORTH TRANSPORTATION
AUTHORITY
By: By:
Chadis,W. Daniels u Balla1EO
Assistant City Manager President &
Date: /D. IS, /¢-
APPROVED AS TO FORM
Acm ,
Assistant it Attorney Y
ATT GFFNCUIL RECORD
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