HomeMy WebLinkAboutPAINTCARE INC - CONTRACT - AGREEMENT MISC - PAINTCARE INCPC Contract No. 001109
COLORADO ARCHITECTURAL PAINT STEWARDSHIP PROGRAM
1500 Rhode Island Ave, NW
Washington DC 20005
(855) 724-6809
Fax: (855) 385-2020
www.PaintCare.org
Colorado Architectural Paint Stewardship
Program Large Volume Site Waste Paint
Management Agreement
Between
PaintCare Inc.
and
City of Fort Collins, Colorado
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COLORADO ARCHITECTURAL PAINT STEWARDSHIP PROGRAM
LARGE VOLUME SITE WASTE PAINT MANAGEMENT AGREEMENT
This Agreement is made on this 31st day of May, 2016 (“Agreement”) by and between
the City of Fort Collins, also referenced as the City, located at 215 North Mason
Street, Fort Collins, CO 80522 ("Generator") and PaintCare Inc., a Delaware
corporation having its office at 1500 Rhode Island Ave., N.W., Washington, D.C.
20005. (“PaintCare”).
RECITALS
WHEREAS:
A. PaintCare is the representative organization of the Colorado
Architectural Paint Stewardship Program (the “Program”), as set forth by
Part 4 to Article 17 of title 25 of the Colorado Revised Statutes, that is
organized to develop and implement a stewardship program to reduce
the generation of post-consumer architectural paint, to promote the direct
reuse of post-consumer architectural paint, and to negotiate and execute
agreements to collect, transport, directly reuse, recycle, and dispose of
paint using environmentally sound management practices;
B. Generator routinely generate large volumes of leftover paint as part of its
normal business operations and desires PaintCare to arrange for that
paint to be picked up, transported, and processed/disposed of pursuant
to the Program; and
C. The parties wish to enter into this Agreement, which describes the terms
and conditions of their contractual relationship.
NOW, THEREFORE, for and in consideration of the terms of this Agreement and the
mutual promises and covenants contained herein, the parties hereto agree as follows:
1.0 DEFINITIONS:
1.1 “Agreement” means this executed document setting forth the obligations of
the parties, including all attachments.
1.2 “CESQG” means a business or organization that qualifies as a “Conditionally
Exempt Small Quantity Generator” under state and federal (40 CFR 261.5)
hazardous waste generator rules that, among other criteria, require that that the
business/organization (1) generates no more than 100 kilograms (about 25
gallons or 220 pounds) of hazardous waste per calendar month, (2) generates
no more than 1 kilogram of acute hazardous waste per calendar month, and (3)
accumulates no more than 1,000 kilograms of hazardous waste or 1 kilogram of
acute hazardous waste at any given time.
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1.3 “Collection Bins” are containers provided by or approved for use by
PaintCare or its contractors to hold Program Products.
1.4 “Haulers” mean independent contractors hired by PaintCare to transport
Program Products from the Large Volume Sites.
1.5 “Including” (whether or not capitalized) means “including but not limited to.”
1.6 “Large Volume Sites” are those sites owned and/or operated by Generator,
as specifically identified in Article 2.0 below, as may be amended from time-to-
time through the mutual written agreement of the parties.
1.7 “Law” means all existing and future federal, state, and local statutes, laws,
codes, ordinances, decrees, rules, regulations, requirements, and orders, of
any governmental authority, entity, or agency whether federal, state, municipal,
local, or other government body or subdivision, including those relating to
unemployment compensation, worker’s compensation, disability, taxes, worker
and public health and safety, the environment, and the Program.
1.8 “Non-Program Products” mean products not covered by the Program.
1.9 “Program Guidelines” mean the Colorado Architectural Paint Stewardship
Program Large Volume Site Guidelines incorporated herein as Attachment A,
as may be revised or updated by PaintCare from time-to-time by providing
advanced written notice to Generator.
1.10 “Program Products” mean the materials described in Section 3 of the
Program Guidelines.
1.11 “State” means the State of Colorado.
1.12 “Written” or “In Writing” (whether or not capitalized) means in a written
communication in hardcopy or electronic form, including email.
2.0 LARGE VOLUME SITE(S)
The following location(s) are the Large Volume Site(s) covered by this
Agreement:
Site Name Address Phone
City of Fort Collins
Facilities Warehouse
518 N. Loomis, Fort Collins, CO
80521
970-224-6014 Joe
Cruz, 970-416-
2320 Errin
Henggeler
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3.0 TERM AND TERMINATION
3.1 This Agreement will commence on the date of the later signature below and,
unless terminated under this Article, will remain in full force and effect for a
period of one (1) year.
3.2 This Agreement will automatically renew each year for additional one (1) year
terms, unless either party notifies the other in writing at least sixty (60) days in
advance of the renewal term commencement date that the Agreement will not
be renewed.
3.3 Upon any expiration or termination of this Agreement, Generator shall
assemble all Collection Bins supplied by PaintCare whether or not full, and
shall make them available for pick up by a Hauler at one of the Large Volume
Sites.
3.4 Either party may terminate this Agreement upon prior written notice if the other
party:
a. has breached any material provision of this Agreement, and has failed to
cure such breach within thirty (30) days of receiving written notification of
such breach; or
b. has violated applicable Law.
3.5 Any notice of termination must specify the date of termination and the reasons
for termination.
3.6 Either Party may terminate this Agreement at any time without cause upon sixty
(60) days’ written notice to the other party.
4.0 PAINTCARE OBLIGATIONS
4.1 PaintCare shall:
a. Provide Generator with the current Program Guidelines and updated
versions when available;
b. Arrange for Haulers to drop off empty Collection Bins at each Large
Volume Site;
c. Arrange for Haulers to pick up full Collection Bins from the Large Volume
Site within five (5) business days of Generator submitting a pickup
request to the Hauler (for Large Volume Sites located in urban areas) or
within ten (10) business days (for Large Volume Sites located in rural
areas); and
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d. Arrange for appropriate end-of-life processing and disposal pursuant to
the Program of all Program Products collected from the Large Volume
Sites.
4.2 If PaintCare or a Hauler causes any damage to Generator’s property, PaintCare
shall, at no expense to Generator, either (i) promptly replace the damaged
property or repair it to the condition existing before the damage, or (ii) require
the Hauler to replace the damaged property or repair it to the condition existing
before the damage.
5.0 PAINTCARE REPRESENTATIONS AND WARRANTIES
5.1 PaintCare covenants, represents and warrants to the Generator that:
a. PaintCare is a non-profit corporation validly existing under the laws of
Delaware;
b. PaintCare has the corporate power, capacity and authority to enter into
and complete this Agreement; and
c. The execution and delivery of this Agreement has been validly authorized
by all necessary corporate action by PaintCare.
d. This Agreement does not contradict with any other agreements of
PaintCare.
6.0 GENERATOR’S OBLIGATIONS
6.1 Generator shall:
a. Comply with the Program Guidelines, as well as any other
communications or instructions from PaintCare relating to Program
Products under this Agreement;
b. Ensure staff is trained so that the on-site accumulation of Program
Products is conducted in accordance with the Program Guidelines;
c. Take all reasonable measures to secure and maintain the integrity of the
Collection Bins, which will remain the property of PaintCare or its
contractors;
d. Assist the Hauler in loading and unloading of full and empty Collection
Bins and the completion of the required shipping documentation;
e. Ensure that only Program Products are placed in Collection Bins;
f. Place in Collection Bins only those leftover Program Products that relate
to Generator’s business operations (e.g., Generator shall not accept any
Program Products or materials from other parties for the purpose of
facilitating transportation, processing, and/or disposal of those third-party
materials under this Agreement); and
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g. Follow the emergency procedures in the Program Guidelines immediately
if any of the following occurs at a Large Volume Site: (i) a spill of Program
Products; or (ii) a health and safety incident related to the Program; and
immediately notify PaintCare of any such spills or incidents.
6.2 Generator shall ensure that oil-based Program Products are managed
according to applicable hazardous waste management requirements and Law.
Under the Program, PaintCare and its Haulers accept oil-based Program
Products only from Generators that (i) qualified as CESQGs when the oil-based
Program Product waste was generated, and (ii) qualify as CESQGs on the date
of pickup.
a. If a Large Volume Site does not qualify as a CESQG, Generator
shall not place any oil-based or solvent-based Program Products
generated at that Large Volume Site in the Collection Bins.
b. If a Large Volume Site qualifies as a CESQG, Generator may
place oil-based Program Products generated at that Large
Volume Site in Collection Bins, provided that (i) the Large Volume
Site qualified as a CESQG at the time it generated those
particular oil-based Program Products, and (ii) Generator signs
the LVS Certification Log (included in Appendix A to the Program
Guidelines) on the day of each pick-up of such Program Products
and before such Program Products are accepted by the Hauler.
c. If a Large Volume Site qualifies as a CESQG and places oil-
based Program Products in the Collection Bins, Generator shall to
the greatest extent practicable at the Large Volume Site place oil-
based Program Products in a separate Collection Bin from other
Program Products.
6.3 Generator (and not PaintCare) is responsible for making day-to-day and critical
decisions regarding its performance under this Agreement and its operation of
the Large Volume Sites, including the collection, identification, handling, and
sorting of Program and Non-Program Products at the Large Volume Sites.
6.4 Generator shall take reasonable precaution and care to protect all public and
private property during its performance under this Agreement and its operation
of the Large Volume Sites. If Generator’s personnel or equipment causes any
damage to PaintCare’s or one of its contractor’s property, Generator, at its sole
expense, shall to the extent permitted by law promptly replace the damaged
property or repair it to the condition existing before the damage.
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6.5 Generator shall provide PaintCare and its representatives with reasonable
access, as provided in Article 9 (“Audit and Inspection Rights of PaintCare”), to
the Large Volume Sites in order for PaintCare to fulfill its rights under Article 9
(“Audit and Inspection Rights of PaintCare”).
6.6 Generator shall ensure that only Program Products are placed in Collection
Bins. If Generator contaminates a Collection Bin with any Non-Program
Products, PaintCare may, at its sole discretion, invoice the Generator for
reimbursement of any costs that PaintCare incurs in connection with the
management of those Non-Program Products. Generator shall pay such
invoices within thirty (30) days of receipt of said invoice.
6.7 Generator will operate the Large Volume Sites and perform its obligations in a
diligent, safe, health-protective, and environmentally-protective manner and in
accordance with all applicable Law. Generator (and not PaintCare) is
responsible for providing any personal protective equipment or safety training
that may be required by the Occupational Safety and Health Administration
(OSHA) or under applicable Law.
6.8 All obligations of the Generator are subject to annual appropriation by the City
Council of the City of Fort Collins.
7.0 GENERATOR REPRESENTATIONS AND WARRANTIES
7.1 Generator covenants, represents and warrants that:
a. Generator is an incorporated and/or an otherwise validly existing
business, institution or municipality in good standing and qualified to carry
on business in Colorado and has the corporate or other power, capacity
and authority to carry on its business and to enter into and complete this
Agreement;
b. Generator’s employees and agents are qualified and trained to fully
perform its obligations under this Agreement;
c. Generator possesses and will maintain throughout the term of the
Agreement all licenses, permits, and any other authorizations necessary
to fulfil its obligations under this Agreement;
d. Generator consents to PaintCare’s referencing in reports Generator’s
participation in the Program; and
e. This Agreement does not in any way conflict with any other agreements of
Generator.
8.0 TITLE AND RISK OF LOSS
8.1 Generator has title to and risk of loss and liability for any and all Program
Products and Non-Program Products at each Large Volume Site.
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Notwithstanding the foregoing, once a Hauler accepts for transportation any
Program Products at a Large Volume Site under this Agreement, title to and
risk of loss for those Program Products will transfer to that Hauler.
PaintCare at no time takes title to or assumes liability for Program Products
or Non-Program Products; however, PaintCare shall require in its contracts
with its Haulers that the Haulers accept such title and risk of loss
immediately upon accepting any Program Products for transportation from a
Large Volume Site.
8.2 PaintCare is not responsible for any damage to persons or property as a result
of the use, misuse, or failure of any equipment used by Generator, or by any of
Generator’s employees or contractors, including the Collection Bins, even if
such equipment is furnished, rented, or loaned to Generator by PaintCare.
9.0 AUDIT AND INSPECTION RIGHTS
9.1 PaintCare and its representatives may (a) monitor and verify that Generator
has complied with this Agreement and the applicable Law; and (b) consult with
Generator about such compliance; provided, however, that PaintCare has no
authority or ability to control, supervise or manage (i) the employees of
Generator; (ii) the activities undertaken by Generator in the performance of this
Agreement; and (iii) the means by which Generator meets all requirements
under this Agreement, including compliance with applicable Law.
9.2 PaintCare may visit and inspect, with full access, the Large Volume Sites
during the Large Volume Sites’ hours of operation.
9.3 The Generator will maintain and make available to PaintCare, during regular
business hours, accurate books and records relating to this Agreement. The
Generator will permit PaintCare to audit, examine, and make excerpts and
transcripts, for any books or records, and to make audits of materials, records
and other data related to all other matters covered by this Agreement. The
Generator shall maintain such data and records in an accessible location and
condition for a period of not less than three (3) years from the date produced
under this Agreement or until after final audit has been resolved, whichever is
later.
9.4 Generator shall maintain records detailing:
a. The quantity of paint given to Haulers, in the form of a bill of lading or any
other documentation that Generator or the Large Volume Site must
complete under applicable Law. The shipping document shall include:
i. The name, address, and telephone number of the originating Large
Volume Site, the Hauler, and the destination of the Program Products.
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ii. The quantity of Program Products being transported.
iii. The date on which the Hauler accepts the Program Products from the
Large Volume Site.
iv. The signatures of both the Hauler and a representative of the Large
Volume Site.
b. Records of any inspections required by Law;
c. The Employee Training records in Appendix B of the Program Guidelines.
d. Signed LVS Certification Logs (included in Appendix A to the Program
Guidelines) that Generator must complete as a condition for a Hauler to
accept oil-based Program Products from any Large Volume Site.
10.0 INSURANCE
10.1 Generator at its own expense shall carry throughout the term of this
Agreement appropriate commercial general liability insurance with limits for
each of not less than $1 million for each occurrence, as well as any other
insurance, such as, for example and without limitation, worker’s compensation,
and automobile insurance, to the extent and in the amounts required by
applicable Law.
10.2 To the extent Generator’s commercial general liability insurance includes a
blanket provision adding additional insured where required by contract, this
Agreement is deemed to require that PaintCare and its officers, agents, and
employees are named as additional insured on Generator’s commercial general
liability insurance. Generator does not need to comply with this paragraph if its
commercial general liability insurance does not include such a blanket
provision.
10.3 Liability of the Generator is at all times herein strictly limited and controlled by
the provisions of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-
101 et. seq. as now or hereafter amended. Nothing in this Agreement shall be
construed as a waiver of the protections of said Act.
11.0 INDEMNIFICATION
11.1 To the extent permitted by law, Generator and its successors and assigns,
agree to defend, indemnify, and hold harmless PaintCare and its sole member
(as identified in PaintCare’s Certificate of Incorporation), and their member
companies, officers, directors, stockholders, employees, successors, assigns,
attorneys, agents, and invitees (collectively, “Indemnified Parties”) from and
against all claims, suits, demands, obligations, losses, damages (including
punitive or exemplary damages), liabilities, expenses (including legal fees,
expenses of litigation, court costs, and reasonable costs of investigation), and
causes of action of every kind whatsoever, whether based in contract, tort,
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statute, common law, or strict liability, which are claimed in any way to result
from, arise out of, or be connected with Generator’s performance under this
Agreement or Generator’s operation of the Large Volume Sites. This
indemnification obligation does not apply to the extent any claims, suits,
demands, obligations, losses, damages, liabilities, expenses, or causes of
action are proven to result from the negligence, wilful misconduct, or breach of
this Agreement attributable to PaintCare. The foregoing indemnity includes
reasonable fees of attorneys, consultants and experts, any related costs, and
the costs of investigating any claims made against an Indemnified Party.
11.2 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER BASED ON BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN
IF ADVISED OF SUCH POTENTIAL DAMAGES; HOWEVER, NOTHING IN THIS PARAGRAPH
CONSTITUTES A LIMIT OF THE INDEMNIFICATION OBLIGATIONS IN THIS ARTICLE 11
(“INDEMNIFICATION”).
12.0 ASSIGNMENT
12.1 Generator must notify PaintCare prior to any assignment, novation, or transfer
(including transfer by operation by law) of this Agreement or the obligations and
rights hereunder. Any change of control of Generator constitutes an assignment
that requires prior written notification. A “change of control” includes, among
other items, any merger, consolidation, sale of all or substantially all of the assets
or sale of a substantial block of stock of Generator. Any attempted assignment,
novation, or other transfer made in violation of this Article is void and has no
effect.
12.2 PaintCare must notify the Generator prior to any assignment, novation, or
transfer (including transfer by operation by law) of this Agreement or the
obligations and rights hereunder. Any change of control of PaintCare constitutes
an assignment that requires prior written notification. A “change of control”
includes, among other items, any merger, consolidation, sale of all or
substantially all of the assets or sale of a substantial block of stock of PaintCare.
Any attempted assignment, novation, or other transfer made in violation of this
Article is void and has no effect.
13.0 FORCE MAJEURE
13.1 Any delay or failure of either party to perform its obligations hereunder shall be
suspended if, and to the extent, caused by an occurrence of Force Majeure. In
the event that either party intends to rely upon the occurrence of a force
majeure to suspend or to terminate its obligations, such party shall notify the
other party in writing immediately, or as soon as reasonably possible, setting
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forth the particulars of the circumstances. Written notices shall likewise be
given after the effect of such occurrence has ceased.
13.2 An occurrence of “Force Majeure” means (i) riots, wars, civil disturbances,
insurrections, acts of terrorism, epidemics, acts of nature (or a threat of any
such items) whose effects prevent safe passage of vehicles upon state or
federal highways for a continuing period of not less than fourteen (14) days,
or(ii)federal or state government orders, any of which is beyond the reasonable
anticipation of the applicable party and which prevents performance of this
Agreement, but only to the extent that due diligence is being exerted by the
applicable party to resume performance at the earliest possible time.
14.0 NOTICES
14.1 Except where otherwise expressly authorized, notice will be by email, facsimile,
first -class certified or registered mail, or by commercial delivery service issuing
a receipt for delivery and addressed as set forth below. Notice is effective upon
delivery, or if delivery is refused, when delivery is attempted.
To: PaintCare Inc.
Attn: PaintCare General Counsel
Fax: (855) 385-2020
Email: Legal@paintcare.org
Address: 1500 Rhode Island Avenue, NW
Washington, DC 20005
To: City of Fort Collins
Attn: Purchasing
Fax: 970-221-6707
Email: purchasing@fcgov.com
Address: PO Box 580
Fort Collins, CO 80522
Copy To: City of Fort Collins
City Attorney’s Office
PO Box 580
Fort Collins, CO 80522
15.0 DISPUTE RESOLUTION
15.1 Both parties shall, in good faith, attempt to negotiate resolutions to all disputes
arising out of this Agreement.
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15.2 Subject to the conditions and limitations of this Article, any controversy or claim
arising out of or relating to this Agreement shall be exclusively settled by
arbitration under the laws of the State of Colorado, in accordance with the rules
of the American Arbitration Association.
15.3 The parties agree to consolidation of any arbitration between them with any
other arbitration involving, arising from, or relating to this Agreement.
15.4 Each party hereto accepts the jurisdiction of the courts of the State of Colorado
for the purposes of commencing, conducting and enforcing an arbitration
proceeding pursuant to this Article. Each party will accept service of notice of
the other party's intent to proceed with arbitration, and of any other step in
connection therewith or enforcement thereof, if such notice is in writing and
sent by certified letter addressed to said party in compliance with Article 14,
and such notice will have the same effect as if the party had been personally
served within the State.
15.5 Any decision of an arbitrator engaged under this Article is final, binding and
enforceable upon both parties.
15.6 Absent any termination of the Agreement, both parties shall continue
performing their respective responsibilities under this Agreement during any
dispute.
15.7 Each party hereto shall bear the costs and expenses incurred by it in
connection with such arbitration processes. The cost of any independent
decision maker shall be shared equally between the parties.
16.0 MISCELLANEOUS
16.1 Confidentiality. The Generator shall not disclose any details in connection
with this Agreement to any person or entity without PaintCare’s prior written
authorization, except as may be otherwise provided hereunder or required by
law. Nothing in this Agreement shall be construed as a waiver of the
Generator’s obligations under the Colorado Opens Records Act (CORA),
codified at C.R.S. §§ 24-72-202 through 206. To the extent practicable,
Generator shall notify PaintCare of any disclosure of this Agreement or its
terms to a third party pursuant to CORA.
16.2 No Waiver. The failure at any time to enforce any provision of this Agreement
or failure to exercise any right herein granted does not constitute a waiver of
such provision or of such right thereafter to enforce any or all of the provisions
of this Agreement.
16.3 Selective Waiver. Either party may waive any default by the other party under
this Agreement by an instrument in writing to that effect, and any such waiver
will not extend to any subsequent or other default by the other party. No failure
or delay on the part of either party to exercise any right hereunder operates as
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a waiver thereof. Either party may elect to selectively and successively enforce
its rights hereunder, such rights being cumulative and not alternative.
16.4 Entire Contract / Order of Precedence. This Agreement and all attachments
hereto constitute the entire agreement between the parties with respect to the
matters herein, and integrates, merges, and supersedes all prior negotiations,
representations, or agreements relating thereto, whether written or oral, except
to the extent they are expressly incorporated herein. Except as expressly
provided for in this Agreement, each party disclaims any representations,
express or implied, relating to the content of this Agreement. The provisions of
this Agreement and the accompanying document shall be construed and
interpreted as consistent whenever possible. In the event of any conflict
between the terms of this Agreement and the Program Guidelines, the terms of
this Agreement take precedence.
16.5 Amendment or Modification. Unless otherwise provided herein, no
amendments, changes, alterations, variations, or modifications to this
Agreement will be effective unless in writing and signed by authorized
representatives of the parties hereto.
16.6 Governing Law. This Agreement is executed and intended to be performed in
the State of Colorado, and the laws of that State shall govern its interpretation
and effect. Any legal proceedings regarding this Agreement initially shall be
brought before a court of jurisdiction in Larimer County, Colorado prescribed by
law in the State of Colorado.
16.7 Severability. If any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof will remain in full force and effect and will
in no way be affected, impaired, or invalidated thereby.
16.8 Calendar Days. Any reference to the word “day” or “days” herein means
calendar day or calendars days, respectively, including weekends and Federal
Holidays unless otherwise expressly provided. To the extent a deadline falls on
a weekend or Federal Holiday, the next business day is the applicable
deadline.
16.9 Independent Contractor Status. This Agreement is not intended and may not
be construed to create the relationship between the parties of agent, servant,
employee, partnership, joint venture, or association.
16.10 No Third-Party Beneficiary. This Agreement is intended solely for the benefit
of the parties hereto, and no third party has any right or interest in any provision
of this Agreement or as a result of any action or inaction by any party in
connection therewith.
16.11 Authorization. Each party represents and warrants that it has full power and
authority to enter into this Agreement and to perform its obligations set forth
herein. The representative(s) signing this Agreement on behalf of each party
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represents that he/she has the authority to execute this Agreement on behalf of
the applicable party and to bind it to its contractual obligations hereunder.
16.12 Survivability. The obligations, rights, and remedies of the parties set forth in
the following Articles will survive any expiration or termination of this
Agreement: Article 8 (“Title and Risk of Loss”), Article 9 (“Audit and Inspection
Rights”), Article 11 (“Indemnification”), Article 15 (“Dispute Resolution”), and
Article 16 (“Miscellaneous”)
TO EVIDENCE THEIR AGREEMENT, the parties have each caused this Agreement
to be executed by its duly authorized representative on the day and year set forth
below.
By:
__________________________ _______________________________
Authorized Signatory Authorized Signatory
PaintCare Inc. City of Fort Collins, Colorado
__________________________ ________________________________
Print Name Print Name
__________________________ ________________________________
Print Title Print Title
Date: ____________________ Date: ___________________________
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Jeff Wasikowski
6/8/2016
General Counsel Director of Purchasing & Risk Management
Gerry Paul
6/8/2016
ATTACHMENT A: COLORADO ARCHITECTURAL PAINT STEWARDSHIP
PROGRAM LARGE VOLUME SITE GUIDELINES
(attached separately)
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COLORADO ARCHITECTURAL PAINT RECOVERY PROGRAM
1500 Rhode Island Ave NW, Washington, DC 20005
(855) 724-6809, Fax: (855) 385-2020
www.paintcare.org
Large Volume Site (LVS) Guidelines
Last updated November 12, 2015
Contents
1. PaintCare Large Volume Sites 2
2. Paint Collection Bins 3
3. Program Products and Container Condition 4
4. Bin Pick-Ups and Scheduling 6
5. Inspections and Records 7
6. Training and Safety 8
7. Spill Response 9
Appendices
A. LVS Certification Log 10
B. Training Record for LVS Staff 11
C. Emergency Contact Information 12
Contact Information
Site Name: City of Fort Collins Facilities Warehouse
Site Address: 518 N. Loomis, Fort Collins, CO 80521
Mailing Address (if different): P.O. Box 580, Fort Collins, CO 80522
Site Contact 1. Name/Phone: Joe Cruz/970-224-6014
Site Contact 2. Name/Phone: Errin Henggeler/970-416-2320
PaintCare Contact Name:
PaintCare Contact Phone/Email:
Hauler Company and Contact Name:
Hauler Contact Phone/Email:
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Section 1. PaintCare Large Volume Sites
PaintCare Provides
Once a contract is established between PaintCare and the LVS, the program will provide the
following:
• Paint Collection Bins (cubic-yard in size)
• Labels for paint Collection Bins
• Recordkeeping forms/log
General Guidelines for an LVS
Each PaintCare LVS has unique logistical and operational considerations, meaning that each LVS must
make its own decisions and use its best judgment to operate in the safest manner possible in
accordance with applicable Law. To ensure the highest standards of safety for you and your staff, an
LVS must:
• Have adequate space, staffing and training to collect and store Program Products
• Place all Program Products immediately in Collection Bins approved for use by PaintCare and
provided by its contractors.
• Provide a secure space for empty and full Collection Bins
• Pack only Program Products into Collection Bins (see Section 3 for a description of Program
Products)
• If an LVS qualifies as a CESQG and places oil-based Program Products in the Collection Bins,
the LVS shall to the greatest extent practicable place oil-based Program Products in a
separate Collection Bin from other Program Products
• Schedule shipments of Program Products from each LVS
• Maintain all records relating to the Program
• Train staff to be familiar with the requirements and practices of this guide
Who Can be an LVS?
All businesses and other organization may use the LVS service for their latex Program Product.
To use the LVS service for oil-based Program Products, businesses/organizations must comply with
state and federal hazardous waste generator rules that, among other criteria, require that that the
business/organization (1) generates no more than 100 kilograms (about 25 gallons or 220 pounds) of
hazardous waste per calendar month, (2) generates no more than 1 kilogram of acutely
hazardouswaste per calendar month, and (3) does not accumulate more than 1,000 kg of hazardous
waste atany time. Painting contractors and commercial property owners typically meet these criteria.
Formore information about these criteria, please
see: http://www.epa.gov/epawaste/hazard/generation/cesqg.htm.
Each business/organization is responsible for determining its own generator status under the
applicable Law. Because generator status can vary from month to month, an LVS must sign the form
in Appendix A each time a pickup of Program Products takes place if that pickup includes oil-based
Program Products.
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Section 2. Paint Collection Bins
Collection Bins and Storage Area
Establish a dedicated area for paint Collection Bins and Program Products.
Collection Bins include secondary containment to contain liquids in the event a can leaks while in
storage; however, they should also be placed on an impermeable surface (e.g., concrete, asphalt,
sealed wood floor) whenever possible.
Store Collection Bins away from ignition sources.
Place Collection Bins away from storm drains and floor drains.
Protect Collection Bins from temperature extremes by storing them inside or under cover if possible.
Collection Bins must be structurally sound. If you see any evidence of damage that may cause a leak
or spill, notify PaintCare immediately.
Use good housekeeping standards; keep paint storage areas clean and orderly.
Comply with any local fire codes or other regulations that might pertain to your storage of Collection
Bins at your site. If you keep Collection Bins outdoors, you may need approval from your local fire
officials, hazardous materials oversight agency, or other regulatory agencies.
Packing and Maintaining Collection Bins
Mark the Collection Bin with the date the first Program Product is placed in it to help the Program
track how quickly your Collection Bins are filled.
Keep Collection Bins closed except when adding Program Products.
Pack 5-gallon buckets on the bottom layer of the Collection Bins for stability.
Pack all Program Products (cans, buckets) upright and as tight as possible in the Collection Bins to
protect contents from shifting and leaking in transit.
Do not overfill Collection Bins.
Maintain enough space around Collection Bins to inspect for leakage and emergency access.
Security
Each LVS should be secured and locked when it is closed or not attended.
Only LVS staff should have access to the Collection Bins and storage area.
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Section 3. Program Products and Container Condition
What Is Architectural Paint?
It is the responsibility of an LVS to only utilize the PaintCare Program for the management of
PaintCare Program Products.
Primary examples of architectural paint products accepted by the PaintCare Program (“Program
Products”) and paint or paint-related products not accepted by the PaintCare Program (“Non-
Program Products”) are described later in this section.
If an LVS generates Non-Program Products, they are responsible for managing them at their own
expense.
Generally, architectural paints include latex and oil-based house paint, stains, and clear coatings
(varnish, shellac, etc.). The Program excludes anything that is:
• in an aerosol spray can;
• intended and labeled “for industrial use only”;
• mostly used in the manufacture of equipment; and
• on the list of specifically excluded products for some other reason.
Architectural paint is classified as either latex (water-based) or oil-based (alkyd) and the classification
is important in order to decide how the product should be handled and recycled. Being able to tell
the difference between latex and oil-based products is also important in determining which types of
businesses/organizations can use the PaintCare Program.
Acceptable and Unacceptable Containers
Before packing Program Products in PaintCare Collection Bins, LVS staff must (1) check the product
label to verify that it contains a Program Product, and (2) check the condition of the container for
acceptance in the Program.
Acceptable Containers vs. Unacceptable Containers
Acceptable
• The Program Product must be in
its original container
• The container is labeled as containing
one of the designated Program
Products listed below
• The container must be in good
condition and not leaking
• The container must be 5 gallons
in size or smaller
Not Acceptable
• The container is not original (e.g.,
paint was transferred into a jar)
• The container does not have an
original label
• The container is leaking or has no lid
• The container is larger than 5 gallon
• The container is empty
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Program Products and Non-Program Products
Acceptable Products (Program Products)j
• Interior and exterior paints: latex,
acrylic, water-based, alkyd, oil-based,
enamel (including textured coatings)
• Deck coatings and floor paints (including
elastomeric)
• Primers, sealers, undercoaters
• Stains
• Shellacs, lacquers, varnishes, urethanes
(single component)
• Waterproofing concrete/masonry/wood
sealers and repellents (not tar or
bitumen-based)
• Metal coatings, rust preventatives
• Field and lawn paints
Unacceptable Products (Non-Program Products)
• Paint thinner, mineral spirits, solvents
• Aerosol paints (spray cans)
• Auto and marine paints
• Art and craft paints
• Caulking compounds, epoxies, glues,
adhesives
• Paint additives, colorants, tints, resins
• Wood preservatives (containing pesticides)
• Roof patch and repair
• Asphalt, tar and bitumen-based products
• 2-component coatings
• Deck cleaners
• Traffic and road marking paints
• Industrial Maintenance (IM) coatings
• Original Equipment Manufacturer (OEM)
(shop application) paints and finishes
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Section 4. Bin Pick-Ups and Scheduling
PaintCare contracts with transportation providers (“Haulers”) for the delivery of supplies, delivery of
empty Collection Bins, and pick-up of full Collection Bins.
Scheduling the Hauler to Pick Up Collection Bins
When you anticipate that your Collection Bins will be full within your sites pick-up timeframe
[generally five (5) business days in urban areas and ten (10) business days in rural areas], call your
Hauler to schedule a pickup, or use the online order system if made available by your Hauler. The
name and contact information of your Hauler is provided at the front of your training binder and
should also be filled in on the cover of these guidelines.
When establishing an appointment for pick-up, please indicate:
• That your facility is a PaintCare LVS
• Name of facility and address
• Your name
• Your phone number
• Number of full Collection Bins to be picked up and the number of empty Collection Bins
needed for replacement
Preparing Collection Bins for Removal
On the scheduled pickup day, Collection Bins should be readily accessible to the Hauler for quick and
efficient loading. The Hauler will bring shipping documents (Bill of Lading) and Collection Bin labels.
The Hauler is responsible for loading and off-loading Collection Bins, and will provide a copy of the
shipping documents to the LVS. Keep a copy of the shipping documents for your records.
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Section 5. Inspections and Records
Inspections and Record Keeping
LVS staff are responsible for regularly inspecting Collection Bins to ensure that such materials are in
proper working order, include any necessary labeling, etc. Please report any damaged Collection
Bins or other problems to PaintCare immediately so that PaintCare may arrange for prompt
replacement or repair.
The following records are to be maintained for a minimum of 3 years:
• Internal and external inspection records
• LVS Certification Log (Appendix A)
• Employee training records (Appendix B) – discussed in Section 6
• Bills of lading and/or other documentation required by applicable Law for outgoing
shipments of Program Products
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Section 6. Training and Safety
Training
For the safety of the Program and your staff, all employees handling Program Products must receive
training in product identification, acceptance, handling, packaging, inspection and emergency
response procedures before collecting Program Products or engaging in any PaintCare Program
activities.
Training helps to ensure that employees conduct Program Products management activities in a safe
manner that protects workers and the environment.
Program Products collection activities need to follow general safety practices including proper lifting
techniques.
Ensure LVS employees are equipped for and understand hazards associated with Program Products.
Maintain training plans and records for each employee.
A form for recording staff training is included in Appendix B.
Safety
Store personal protective equipment (PPE) and spill response equipment in an accessible location
adjacent to the Collection Bins. Ensure that the materials are protected from the weather.
The LVS needs to be equipped with appropriate emergency response equipment including a fire
extinguisher, spill kit and PPE. Monthly inspections of equipment are recommended.
Emergency procedures and emergency contact numbers including police, fire department and
emergency services should be posted by phone near the LVS’s collection area.
If applicable, develop and maintain emergency action plan as required by OSHA.
If required by federal, state or local law, familiarize police, fire departments and emergency response
teams with the layout of your facility, properties of Program Product handled at your facility and
evacuation routes.
For your convenience, a form for recording emergency contacts is included in Appendix C.
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Section 7. Spill Response
Spills
The information in this section will assist with spills from damaged or leaking Program containers. It is
important that all LVS staff understand corrective actions to minimize exposure to people or the
environment.
Collection Bins should be kept in a clean, accessible area. Clean up any spill or release of Program
Product immediately and place spill residue in a sealed container
Reporting
Any spill or release of Program Product to the environment through a storm drain, waterway or soil
contamination must be immediately reported to the appropriate governmental authority, including
the Colorado Department of Public Health and Environment – see emergency contact list in
Appendix C for spill contact numbers. Contact PaintCare within 24 hours of making such a report.
Post emergency contact numbers including police, fire department, and emergency services.
Spill Response Procedures
If a spill is small enough to be managed by LVS staff, follow these steps:
• Isolate the area and restrict access to the spill
• Ensure personal safety, put on protective gear (glasses and gloves)
• Stop the movement of paint by placing the leaking container upright or in a position where
the least amount will spill, and place leaking container in plastic bags
• Contain the spill by placing absorbent pads or granular absorbent around and on the spill – if
outdoors, place barriers around storm drains to prevent a release to the environment
• Collect the contaminated absorbent material and place it in plastic bag(s), along with the
leaking container and contaminated PPE, seal the bag(s)
• Remove any clothing that may be contaminated, wash thoroughly to remove spilled
material from your hands or body
• Replace any used spill control supplies
• Document the date, location and amount and type of material spilled
• If required, report the spill to the appropriate governmental authority
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Appendix A. LVS Certification Log
PaintCare and its contractors may accept latex paint from anyone, but only households or Conditionally
Exempt Small Quantity Generators (CESQGs) may use this Program for oil-based Program Products. To
qualify as a CESQG, your business/organization must meet the applicable requirements of the federal
hazardous waste generator rules (40 CFR 261.5), including that your business/organization (1)
generates no more than 100 kilograms (about 25 gallons or 220 pounds) of hazardous waste per
calendar month, (2) generates no more than 1 kilogram of acute hazardous waste per calendar month,
and (3) accumulates no more than 1,000 kilograms of hazardous waste or 1 kilogram of acute
hazardous waste at any given time.
Because CESQG status can vary from month to month, an LVS must sign and date this log sheet each
time a pickup of Program Products takes place that includes oil-based Program Products.
By signing this document, I certify that my organization (i) currently qualifies as a CESQG, and (ii)
qualified as a CESQG at the time it generated all of the oil-based Program Products being provided. My
organization waives, releases, and holds harmless PaintCare Inc., its sole member, and their agents,
employees, member companies, officers, directors, successors, and assigns from any liability, claim,
injury, losses or damages arising from the provision of oil-based Program Products to PaintCare or its
contracted transportation vendors.
LVS:
Print Name of Person
Certifying CESQG Status Signature Date
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Appendix B. Training Record for LVS Staff
Training for LVS personnel is based on the PaintCare LVS Guidelines and other materials
provided to an LVS as part of its training requirement.
Date Trainee (Print Name) and Signature Trainer
Initials
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Appendix C. Emergency Contact Information
This form is to be completed prior to utilizing the PaintCare program and Collection Bins.
Basic Local Emergency Contacts
Facility Emergency Coordinator
(name/phone):
Alternate Emergency Coordinator
(name/phone):
Fire Department Phone Number 911
Police Phone Number 911
Hospital Phone Number
For Spills of Program Product:
Report any spill or release of Program Product which, if not recovered, may cause pollution of
waters of the state. Any such spill or release must be reported to the appropriate local and state
enforcement agencies immediately, and to PaintCare within 24 hours.
Local enforcement agency (name/phone):
State agency (name/phone): Colorado Department of Public Health and
Environment (877) 518-5608 (24-hour)
PaintCare: 1-855-PAINT09
Other (name/phone):
Other (name/phone):
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