Loading...
HomeMy WebLinkAboutContract 50563 STATE OF TEXAS § CITY SECRETARY jZ § CONTRACT NO. V COUNTIES OF TARRANT, § DENTON, PARKER AND WISE § CONTRACT FOR THE PROCESSING OF RECYCLABLE MATERIALS AND RESOURCE RECOVERY SERVICES THIS CONTRACT is made and entered into by and between the City of Fort Worth, a home-rule municipal co �ora�ti�o�n �in Tarrant, Denton, Parker and Wise Counties, Texas, acting herein by and throughA � � °Yl , its duly authorized Assistant City Manager, hereinafter called "City", and-Allied Waste Services of Fort Worth, LLC a Texas corporation doing business in Texas as North Texas Recycling Complex or Republic Services of Fort Worth, hereinafter called "Contractor." THIS CONTRACT shall be for Processing services for collected Recyclables (the "Recycling Services") as indicated in Contractor's Proposal and the RFP. KNOW BY ALL THESE PRESENT: 1. DEFINITIONS Acceptable Material, also called Program Recyclable Materials shall mean recyclable material, including but not limited to: newspaper, corrugated cardboard, pizza boxes, kraft paper, boxboard, chipboard (e.g. tissue and cereal boxes, paper towel and toilet paper cores and similar items), aseptic cartons and containers, home-office paper (e.g. computer paper, calendars, school papers and shredded paper contained in paper bags), magazines and shopping catalogs, envelopes, paperboard, paper grocery bags, other cartons (e.g. soda and drink), old phone directories, softbound paperback books, shopping and lunch bags, discarded mail, carbonless forms paper, paper towel cores and toilet paper cores, aluminum food and beverage containers, aluminum foil and baking tins, ferrous metal containers (e.g. steel or tin food cans, pots and pans, empty aerosol cans and paint cans), glass (e.g. bottles and jars), and rigid plastic (resins No.l thru No.7) containers (e.g. bottles, cups, jars, food trays, tubs and bowls) and eating utensils, separated single-use plastic bags and packaging films (e.g. retail shopping bags or packaging wraps) collected from City residences and businesses or from any of the City's Convenience Centers. It is not necessary to remove paper labels from containers. Acceptable Material should be reasonably free of food residue. Acceptable Material does not include Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Fina&2031718 1 Ai 12 .off 0FFICIAL RECORD CO) a%, o 1 Qy N CITY siCRM!'1'ARY FT.1II OJTrN,TX b � Unacceptable Material excepting an allowance for no more than thirty percent (30%) residue by weight. Applicable Law shall mean any statute, law, constitution, charter, ordinance, resolution, judgment, order, decree, rule, regulation, directive, interpretation, standard or similarly binding authority, which in any case, shall be enacted, adopted, promulgated, issued or enforced that relates to or affects the City, the Contractor, or the performance by a party of its obligations hereunder. City shall mean the City of Fort Worth, Texas. City Collector shall mean the Person, firm, corporation or association or the agents or employees thereof to whom the City shall have granted a franchise or a permit, or designated as duly authorized to perform the Collection Services, receive, carry, haul or transport Recyclables within the City, and may include the City. Collection Services shall mean removal of Recyclables for transport elsewhere, or cause such to be done. Collection Contract(s) shall mean the contract(s) the City has with other Persons for the collection of Solid Waste and Recyclables for designated service units, residences and businesses within the City and/or from the City Convenience Centers. Commission shall mean the Texas Commission of Environmental Quality (TCEQ). Contamination shall mean material or substance other than Program Recyclable Materials. Contract shall mean this Contract, all attachments and exhibits and all other ancillary documents required under the RFP. Contractor shall mean Allied Waste Services of Fort Worth, LLC dba Republic Services of Fort Worth. Contract Year shall mean April 1, 2018 through March 31, 2023. Convenience Center shall mean a facility which includes a vehicle receiving area and various bulk containers for deposit of selected waste and recyclable materials so as to provide City residents with one-stop, drop-off service for deposit of municipal Solid Waste and Recyclable Materials. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Final v2031718 2 Cost Adjustment Method shall mean the adjustment of unit prices as shown on EXHIBIT C under this Contract with the City by the Contractor for each year of the Contract as shown on EXHIBIT A. The price may be adjusted upward or downward to reflect changes in the cost of operations by a cost adjustment calculation using indices applicable to certain services. Day shall mean calendar day, unless otherwise specified. Delivery Facility shall mean the Contractor's facility located at 6200 Elliott Reeder Road, Fort Worth, Texas, whose activities include acceptance of Loads of Recyclable Materials from City Collection Vendor. Delivery Facility must have a (i) minimum clearance for doors of twenty-six (26) feet high, minimum space to accommodate three (3) City Collection Vendor collection vehicles tipping simultaneously, and (ii) minimum clearance within tipping area of thirty (30) feet high. Director shall mean the Director of Code Compliance and/or the designated City representative. Disposal shall mean the deposit of any material at a disposal site authorized by the State to manage such waste and shall meet all local, State, and federal requirements. Disposal Allowance shall mean the City's grant to Contractor the right to dispose of the estimated Residue and Contamination tons delivered by or on behalf of the City to the Processing Facility and accepted by Contractor for the prior month at no cost to Contractor at the Southeast Landfill. Disposal and Transportation Fee shall mean the fee intended to recover costs of Disposal beyond those compensated by the Disposal Allowance such as hauling. Excluded Waste shall mean any waste, the acceptance and handling of which by Contractor would cause a violation of any permit, condition, legal or regulatory requirement including but not limited to Hazardous Waste or Medical Waste, toxic substances, wastes or pollutants; contaminants; pollutants; infectious wastes; or radioactive wastes, each as defined by applicable federal, state or local laws, regulations or permits. Garbage shall mean Solid Waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, handling, and sale of produce and other food products. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 3 Governmental Entity shall mean, as appropriate, any one or several of any court of competent jurisdiction, the United States of America, the State of Texas and/or any appropriate jurisdiction over activities relating to the services provided for under the terms of this Contract; or any agency, authority, regulatory body or subdivision of any of the above as may have jurisdiction over or power and authority to regulate the City, the Contractor, or the collection of Solid Waste. Government Approvals shall mean all licenses, permits and approvals required from any Governmental Entity for performance of the Contractor's obligations under this Contract. Guarantor shall mean Republic Services, Inc. Guaranty shall mean the Guaranty Agreement, dated as of A], 2018 from the Guarantor to the City. Hazardous Waste shall mean any Solid Waste identified or listed as a Hazardous Waste by the administrator of the United States Environmental Protection Agency (EPA) pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 USC, §6901 et seq, as amended. Incoming Ton shall mean the net Ton as reported by the scale house. No adjustments shall be made to Incoming Tons for shrinkage of materials or loss materials. Letter of Credit shall mean an irrevocable direct pay letter of credit issued by a United States bank whose long-term debt is rated "A" or better by either rating service and which maintains a banking office in the State of Texas. The Letter of Credit shall be in the stated amount equal to one (1) year's estimated payments to the City, shall be for a term of one (1) year, shall be continuously renewed, extended or replaced so that it remains in effect until 180 Days after the termination of this Contract, and shall be issued substantially in the form set forth in the RFP subject to reasonable modifications required by the issuing bank at the time of issuance. Such modifications shall be subject to the City's approval, which approval shall not be unreasonably withheld, and the City shall have the right to request the Contractor to find a replacement issuing bank if the City does not approve of such modifications. Load shall mean all materials from a vehicle hauled to and unloaded at the Delivery Facility. Marketing shall mean identification and development of end markets for Recovered Materials and the selling of Recovered Materials to end markets. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 4 Material Obligation shall mean those services or duties for which this Contract calls upon by a party to perform including but not limited to the timely payment of any assessed liquidated damage, unless specifically noted otherwise within the terms of this Contract, and for which, by the terms of this Contract may constitute grounds for penalties or termination if the party fails to perform such services or duties. Medical Waste shall mean waste generated by health-care-related facilities and/or associated with healthcare activities, not including Garbage or Rubbish generated from offices, kitchens, or other non-healthcare activities. The term includes special waste from healthcare related facilities or associated healthcare activities which is comprised of animal waste, bulk blood and blood products, microbiological waste, pathological waste, and sharps as those terms are defined in 25 TAC §1.132 (Definition, Treatment, and Disposition of Special Waste from Health-Care Related Facilities) or any successor. The term does not include Medical Waste produced on farmland and ranchland as defined in Agriculture Code, §252.001(6) (Definitions--Farmland or ranchland) or any successor, nor does the term include artificial, nonhuman materials removed from a patient and/or requested by a patient, including but not limited to orthopedic devices and implants. MWBE shall mean a certified minority or women's business enterprise pursuant to City most recent ordinance in effect. Performance Bond shall mean a corporate surety bond that guarantees compensation to the City in the event that the City must assume the obligations or duties of the Contractor in order to continue the services defined in the Contract. Person shall mean any individual, partnership, co-partnership, firm, company, corporation, association,joint stock company, trust, estate, Governmental Entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Governmental Bodies. Processing shall mean the separation and preparation of Single-stream Recyclables, delivered to the Contractor by the City or the City Collector(s), into marketable commodities. Processing Facility shall mean the Contractor's facility located at 6200 Elliott Reeder Road, Fort Worth, Texas, whose activities include, but are not limited to, the separation and preparation of Recyclables and their residuals to produce a marketable commodity or product(s) for beneficial use. Processing Fee shall mean the amount paid by the City to the Contractor for the Acceptable Material accepted at the Delivery Facility and processed at the Processing Facility. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 5 Recovered Materials shall mean Recyclable Materials which have been processed to market specifications. Recyclables shall mean empty, clean, dry material that has been recovered or diverted from the non-hazardous Solid Waste stream for purposes of reuse, Recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products, which may otherwise be produced using raw or virgin materials. Recyclables are not Solid Waste. Recycling shall mean a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete, are collected, separated or processed and returned to use in the form of raw materials in the production of new products. Except for mixed Municipal Solid Waste composting, that is, composting of the typical mixed Solid Waste stream generated by residential, commercial, and/or institutional sources, Recycling includes the composting process if the compost material is put to beneficial use. Recyclable Revenue Share shall mean the portion of revenues from the sale of Recyclable Materials less Processing Fees that is payable to the City. Recycling Services shall mean those services for which the City and the Contractor have negotiated and agreed upon according to the terms of this Contract. Refuse shall mean nonputrescible Solid Waste (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible Refuse includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials; noncombustible Refuse includes glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that will not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). Residue shall mean Program Recyclable Material that is processed by the Processing Facility equipment that is not recovered as recyclable materials. RFP shall mean the Request for Proposals No.18-0149 and all ancillary documents of the RFP or Contractor's Response to the Proposal. Rubbish shall mean the same as Refuse. Single-stream Recyclables shall mean all Acceptable Material as defined herein. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 6 Small Hauler shall mean any Person other than the City that does not own or operate a Processing Facility within twenty (20) road miles from the intersection of I-30 and I-35W. Solid Waste shall mean any Garbage, Rubbish, Refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term does not include: (A) solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under the Water Code, Chapter 26; (B) soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements. Ton shall mean a short ton of 2000 pounds. Unacceptable Loads shall mean any material that does not meet the requirements of the Texas Administrative Code, 30 TAC §328; a Load of Recyclable Material contains more than thirty percent (30%) by weight of Contamination and/or non-recyclable material. Contaminants include but are not limited to food waste, dirt, disposable paper items such as tissues and diapers, paint, pesticides, herbicides and other liquids. The City and Contractor may also mutually agree in writing other material that shall be deemed unacceptable after the time agreed upon. Unaccepted Load Disposal Fee shall mean the per ton fee intended to recover costs of Disposal of Unaccepted Loads. Unaccepted Load Management Fee shall mean the per ton fee intended to recover costs for loading, hauling, and other costs for Unaccepted Loads not recovered by the Unaccepted Load Disposal Fee. Unanticipated Events shall mean severe weather events such as hurricanes, tornadoes, floods, ice storms or hail, and other disasters such as fires but not including reasonably anticipated weather conditions for the geographic area of the City. Uncontrollable Circumstances includes Unanticipated Events, and shall mean any act, event or condition (excluding those which result from the willful or negligent action or inaction of a Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 7 party) occurring during the term that has, or may reasonably be expected to have, a material and adverse effect on a right or an obligation of either or both parties to this Contract, if such act, event or condition is beyond the reasonable control of the party relying thereon as justification for not performing under this Contract. Uncontrollable Circumstances shall include but is not limited to the following an act of God, landslide, lightning, earthquake, fire, explosion, flood, nuclear radiation, acts of a public enemy or terrorist, war, blockade, insurrection, riot or civil disturbance or any similar occurrence, or a condemnation or other taking by or on behalf of any public, quasi-public or private entity, but not including reasonably anticipated weather conditions for the geographic area of the City; Uncontrollable Circumstances shall not include: (1) insolvency or inability to pay any amount; (2) inability to obtain any Letter of Credit, surety bond, payment or Performance Bond or any other security required by this Contract; (3) a public or private labor dispute relating to the collection, transportation, Processing or disposal of Solid Waste and or Recyclables, including a dispute related to Contractor's labor force. Violation shall mean any determination by a Governmental Entity that the Contractor is in violation of or not in compliance with any portion of its Permit(s) or Applicable Laws. 2. SCOPE OF CONTRACTOR'S SERVICES Contractor hereby covenants and agrees to diligently and faithfully perform the public service of: A. Acceptance at Delivery Facility and Processing at Processing Facility of Recyclables collected from residences and businesses by the City Collector, and the City's Convenience Centers by the City Collector under the terms of the Collection Contract(s) with the City, and from such other establishments as designated by the Director; B. Provide all labor, tools, equipment, materials, insurance, Performance Bonds, supervision and all other items necessary for the performance of such work and services. All such work shall be made in accordance with the terms herein; Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 8 C. Develop a public education video specific to the City program and approved by the Director; D. Participate in up to four (4) public education events/presentations per request of Contract Administrator per Contract Year; E. Provide Processing Facility tours per request of Director; F. Make educational payments to the City in accordance with Section 4, actively support the City's public educational outreach and communication efforts, and assist with coordinated MRF recycling tours, to help increase recyclable volumes and decrease contamination rates; G. Attend all meetings which shall include but not be limited to monthly meetings during the first six (6) months after the commencement of this Contract and then once quarterly. Contractor may request additional meetings as is reasonably necessary by providing notice to the Director in a timely manner; H. Work with City and City Collector(s)to resolve customer service issues; L Make timely reports and payments to the City; J. Provide other necessary services associated with this Contract; and K. Respond to and resolve complaints in a timely fashion. 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. Designate a City representative to provide timely direction to the Contractor and render City decisions; B. Timely review and respond, if necessary, to reports submitted by Contractor; C. Inform Contractor of complaints made by City Collector(s) in a timely manner; Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 9 D. Provide educational programs and material as determined by the Director to the City's citizens to educate citizens on the proper way to set out Recyclables for collection under the terms of this Contract and the City's ordinances and to otherwise promote recycling; Provide a quarterly report of the City's educational programs in which Contractor's educational contribution is being applied; E. Work with Contractor and City Collector(s)to resolve customer service issues; and F. Assess liquidated damages as determined by the Director. 4. PAYMENT For and in consideration of the Recycling Services performed in accordance with this Contract, payment shall be made as follows: Within fifteen Days of the end of each month during which Recycling Services are provided by the Contractor, Contractor shall submit to the Director a monthly report which shall include the items described in Section 15, together with a check representing any payment owed by the Contractor to City. The composition of incoming tons by Acceptable Material commodity, Residue and Contamination shall be established by the Waste Audit Procedure detailed in EXHIBIT B, and shall be the basis of the commodity percentages for which the City shall be paid for deliveries of Acceptable Material in the previous month in accordance with the terms set forth below. A. Processing Fees Contractor may charge City a Processing Fee as set forth in EXHIBIT C, as adjusted pursuant this Contract, for such materials delivered by the City Collector to the Delivery Facility and accepted by Contractor based on the incoming net weight of the Load as reported by the scale at the Delivery Facility. B. Recyclable Revenue Share Contractor shall pay City a Recyclable Revenue Share for materials delivered by the City Collector to the Delivery Facility and accepted at the Delivery Facility based on the following: (i) Composition of composition of Incoming Ton pursuant to the Waste Audit Procedure detailed in EXHIBIT B; and Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 10 (ii) Recyclable Revenue Share Basis and Index in EXHIBIT C. Contractor agrees that after the Recyclable Revenue Share calculation is made, if the rebate is in the negative to the City, the City shall be entitled to a floor Processing Fee of negative $25.00 per ton, while potentially needing to pay the Contractor for all outstanding cost up to the established floor Processing Fee. The floor pricing will be accounted for before the Recyclable Revenue Share calculation and determining the City's monthly revenue/invoice amount. The calculation for payment shall align with Exhibit C. B. Contractor shall also pay to the City an educational payment as indicated in Section 4 of this Contract which shall be equal to two dollars ($2.00) per Ton of Acceptable Material delivered by City Collector(s) to the Processing Facility, adjusted each Contract Year by the Cost Adjustment Method as described in Section 5. The educational payment shall be paid to the City monthly. Contractor shall receive quarterly reports from the City describing how the educational payment is being used in the City's educational programs for Recycling. The City agrees to spend the educational payment only on educational programs promoting Recycling. 5. UNIT PRICE ADJUSTMENT Contractor hereby agrees to accept the unit price adjusted in the manner as reflected in the Adjustment Schedule included in this Contract as EXHIBIT A, as full compensation for services rendered. Contractor will submit documentation of the payment adjustment criteria to the City along with its annual request for rate adjustment. 6. TERM The term of the Contract shall be for a period of five (5) years, commencing April 1, 2018 (the "Commencement Date") and ending March 31, 2023. City shall have the right to extend this Contract for up to two (2) consecutive five (5) year renewal terms, provided City and Contractor agree in writing at least sixty (60) Days prior to the end of the initial or renewal term. All renewals terms shall have the same terms, conditions and fees as set forth herein, unless agreed to otherwise in writing by both parties in an amendment to this Contract. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 II 7. INSPECTION OF LOADS AND UNACCEPTABLE LOADS A. Contractor shall have the right to inspect each Load brought by the City Collector to the Delivery Facility. B. Unacceptable Loads 1. Prior to departure of the vehicle leaving the Load at the Delivery Facility, Contractor may designate a Load delivered by the City's Collector as an Unacceptable Load if the Load contains more than thirty percent (30%) of non-Program Recyclable Materials by weight. Contractor shall not accept Excluded Waste. 2. Procedure for Unaccepted Loads a. Notice. If Contractor determines it has received an Unacceptable Load from the City's Collector, Contractor shall prior to departure of the vehicle from the Delivery Facility provide written notice and photographs of the Unacceptable Load to (i) the driver and (ii) the Contract administrator. Contractor shall state with clarity the reason the Load was designated as an Unacceptable Load. If Contractor fails to provide notice in accordance with this section, the City shall not be responsible for the cost of disposing of such Unacceptable Load. b. If Contractor receives an Unacceptable Load from the City's Collector, Contractor shall maintain the Load separately from other material to afford Director the right to inspect the Load. The City shall have twenty-four (24) hours upon receipt of the notice by the Contract Administrator from Contractor in accordance with Section 7.B.2.a above, to inspect the Load. The City may waive the right to inspect the Load. Failure to inspect the Load within twenty-four (24) hour of receipt of notice shall be deemed a waiver of the right to inspect the Load. c. The City may dispute that the Load is an Unacceptable Load. Contractor may elect to either sort the contents of the Load by Program Recyclable Materials and other materials and weigh each individually or accept the Load. If Contractor sorts the contents of the Load by Program Recyclable Materials and non-Program Recyclable Materials and weighs each individually, Contractor shall dispose of the non-Recyclable Material (i) at the Southeast Landfill at no cost to the City or (ii) with written authorization, at another Disposal site authorized to receive such waste and charge the City a Unaccepted Load Disposal Fee. If Contractor sorts the Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 12 contents of the Load by Program Recyclable Materials and non-Program Recyclable Materials and weighs each individually and the Load contains more than thirty percent (30%) of non-Program Recyclable Materials by weight, the Contractor may charge the Unaccepted Load Disposal Fee and Unaccepted Load Management Fee. The Unaccepted Load Disposal Fee and Unacceptable Load Management Fee are as set forth in EXHIBIT C, and shall be adjusted pursuant this Contract, based on the incoming net weight of the Load as reported by the scale at the Delivery Facility. 8. FACILITY LOCATIONS, ALTERNATIVE FACILITY A. Contractor shall maintain the Delivery Facility throughout the term of the Contract. In addition, Contractor shall maintain the Processing Facility for Processing and Marketing of Program Recyclable Material throughout the term of the Contract. If Contractor is unable to maintain the Delivery Facility for delivery of Program Recyclable Materials and/or Processing Facility for Processing of Program Recyclable Material at the locations designated herein, Contractor shall be solely responsible for the following: (i) Providing an alternative Facility for accepting such Program Recyclable Materials within twenty (20) road miles from the intersection of I-30 and I-35W; (ii) Providing an alternative Facility for Processing such Program Recyclable Materials; (iii) Providing advance written notification subject to the Director's approval of alternative Facility for accepting and Processing such Program Recyclable Materials; and (iv) Any and all increases in costs, including, but not limited to, transportation costs, Processing costs, capital costs, and operational costs incurred by City or the City Collector associated with accepting, transporting and Processing such Program Recyclable Materials at the alternative Facility. B. Failure of Contractor to maintain the Delivery Facility for delivery of Program Recyclable Materials and/or Processing Facility for Processing of Program Recyclable Material at the locations designated herein shall be a breach of this Contract and may result in termination by City of this Contract with Contractor. C. Contractor shall have and maintain during the term hereof, adequate capacity for accepting, transporting, and Processing material delivered by the City Collector for the term of this Contract. Failure of Contractor to meet the requirements set forth in this Contractfor the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 13 section of the Contract is a breach of this Contract and may result in termination by City of this Contract with Contractor. D. Contractor shall operate the Delivery Facility to minimize traffic impact at the Delivery Facility and on surrounding roadways and to facilitate vehicle access during operations. Contractor shall operate the Delivery Facility to maintain a daily average vehicle turnaround time for City Collector's vehicles of less than fifteen (15) minutes. Vehicle turnaround time will be calculated from the arrival of a City Collector's vehicle at the Delivery Facility scale to departure of such vehicle from the tipping floor of the Delivery Facility. Vehicle turnaround time includes queuing time at the scale house. E. Contractor shall store Recyclable Materials, both incoming and Processed, to prevent degradation of Recyclable Materials,prevent negative impact to maneuvering of vehicles in Facility, and promote the safety of persons at the Facility. Contractor shall store all incoming, pre-processed materials within the tipping area, and therefore within the Facility building. Contractor shall store processed materials, included bales, under cover. Contractor shall maintain adequate open (i.e., free of pre-Processed Recyclable Material) tipping floor space at all times for vehicles to unload in a safe and timely manner.. 9. WEIGHTS AND MEASURES METHOD Contractor shall weigh all Recyclables received at the Processing Facility from the City or City Collector(s) and shall maintain certified scales of sufficient size and quality and computerized recordkeeping systems to accurately weigh incoming and outgoing Recyclable Materials. Contractor shall weigh the gross weight, tare weight, and net weight of each vehicle entering and exiting the Delivery Facility.-The scales shall be in operation at all times during the time Contractor receives Recyclables from the City or City Collector(s), except to the extent due to an Uncontrollable Circumstance, but in no event shall any scale be inoperative for a period exceeding two (2) consecutive Days. Contractor will keep current and provide the City a backup plan for weighing vehicles when their scales are inoperative. Contractor will provide software for operation of the scales. Contractor shall have the scales checked, calibrated and certified not less than every six (6) months during the term of this Contract by a reputable company approved by the City and the Contractor. Contractor shall have the scales checked, calibrated and certified within thirty (30) calendar days of two (2) of the Waste Audits detailed in EXHIBIT B. The Contractor shall provide the City with advance notice of the date and time that the scales will be tested, and allow the City to have a representative present. The Contractor will arrange for the testing company to mail a copy of the test results directly to the City. When the scales are not operating due to any circumstance, the weight of Acceptable Material brought into the Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 14 Processing Facility by Contractor shall be estimated using the actual average truckload from receipt of Recyclables from the past three (3) months for the purposes of this Contract. If testing of the Delivery Facility scales indicates that a scale is reporting weights less than the actual weight by an amount greater than one percent(1.0%),then Contractor and City agree that the scale records for the preceding ninety (90)calendar days shall be adjusted by the percentage the scale is inaccurate and payments to City shall be increased by the percentage the scale is inaccurate for such ninety(90) calendar days. 10. LABORFORCE A. The Contractor agrees that all persons employed in the performance of services under the Contract shall be paid standard wages, notwithstanding the foregoing, the Contractor agrees to: 1. Comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code; 2. Maintain records that show(i) the name and occupation of each worker employed by the Contractor for the Recycling Services; and (ii)the actual per diem wages paid to each worker, throughout the term of this Contract and any renewal term(s). These records shall be open at all reasonable hours for inspection by the City; 3. Post the prevailing wage rates in a conspicuous place at the Processing Facility. B. Contractor must provide thirty (30) days' notice of a change in key personnel (e.g., Division President, Operations Manager and Facility Manager) to the Director and introduce such new personnel to the Director. Contractor shall employ only such superintendents, foremen, and workers who are careful, competent and fully qualified to perform the duties or tasks assigned to them and shall take appropriate action against any employees or subcontractors of Contractor who shall behave themselves in such manner as to be actionable or who neglect or refuse to comply with or carry out the directions of Contractor or to follow the Contractor's rules, regulations, safety procedures and policies. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 15 Il. HOLIDAYS The following Days shall be observed as holidays: New Year's Day, Thanksgiving Day, and Christmas Day. These holidays may be changed upon the determination of the Director. The Delivery Facility shall be made available to receive Acceptable Material from the City Collector(s) every scheduled Day, including bad weather Days, unless the Director informs Contractor(s) of a suspension of service. 12. MWBE REQUIREMENTS In keeping with the MWBE ordinance, Contractor agrees to the following: A. A good faith effort that fifteen percent (15%) of the total dollar value of this Contract shall be paid as compensation to certified MWBE firms according to the City's ordinance(s). B. Contractor will, during the term of this Contract, provide City with monthly reports detailing its compliance with the requirements for MWBE participation. City shall have a right of access to any and all books, records and documents, which relate to MWBE subcontracts in order to audit and verify the information contained in the monthly reports. Contractor shall include in all MWBE subcontracts a similar provision allowing City access to subcontractor's books, records and documents for these purposes. 13. PERSONNEL STANDARDS A. Contractor shall furnish such qualified mechanical, supervisory, clerical and other personnel as may be necessary to provide the services required in a safe, economical and efficient manner. All workers shall have sufficient skill, training, ability and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. B. Contractor shall train its employees to identify Excluded Waste. C. Contractor shall not, nor shall it permit its employees to, demand or solicit, directly or indirectly, any additional compensation or gratuity from members of the public or from Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 16 City Collector(s) for services provided under the Contract. D. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in customer courtesy, shall prohibit the use of loud or profane language. If any employee is found not to be courteous or not to be performing services in the manner required by the Contract, Contractor shall take all appropriate corrective measures. If City has notified Contractor of a complaint related to discourteous or improper behavior, Contractor will consider reassigning the employee to duties not covered by this Contract. E. Contractor shall designate qualified employees as supervisors of field operations. Supervisors will be in the field inspecting Contractor's work and will be available by radio or phone during the Contractor's hours of operation to handle calls and complaints from the City, or to follow up on problems and inspect Contractor's operations. 14. PROCESSING AND EQUIPMENT REQUIREMENTS A. Contractor shall process a minimum of ninety-five percent(95.0%)by weight of Program Recyclable Materials into Recovered Materials utilizing Processing subsystems at the Processing Facility capable of fulfilling this requirement. In addition, Contractor shall utilize Processing subsystems at the Processing Facility capable of complying with product specifications of secondary materials buyers including, but not limited to, product form,size, weight, density, and degree of Contamination. B. Contractor shall furnish and maintain all equipment necessary to carry out the duties of this Contract and in accordance with all Applicable Law, and as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. C. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be maintained in satisfactory, safe and efficient working condition in accordance with the manufacturer's specifications and/or recommendations. Equipment used by Contractor or Contractor's subcontractor shall be such that no injury to the workers or property should result from its proper use. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, in connection with the work and services performed hereunder. Contractor shall provide reasonable Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 17 protection to prevent property loss or damage and/or personal injury to persons, including but not limited to employees performing such work and all other persons who may be affected thereby. D. In addition to the above requested information, Contractor shall furnish the City a written inventory of all equipment used in providing service, and shall update the inventory annually within thirty (30) Days of the Day any equipment is added to or removed from the inventory or with the next monthly report, whichever is later. E. Contractor shall maintain all of its properties, facilities and equipment used in providing services under the Contract in a safe, neat, clean and operable condition at all times. City may inspect the properties, facilities and equipment at any time to determine compliance with sanitation requirements. F. Contractor shall inspect each piece of equipment on a routine basis to ensure that all equipment is operating properly. Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Contractor shall keep accurate records of all maintenance, recorded according to date and hours and shall make such records available to the City upon request to the extent necessary to ensure compliance of manufacturer's recommended scheduled service. G. Contractor shall repair, or arrange for the repair of, all of its equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a proper, safe and operable condition. Contractor shall maintain accurate records of repair, which shall include the date and hours, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. 15. REPORTING REQUIREMENTS Contractor shall maintain and submit to the City accurate reports, which detail activity related to the above-mentioned services in an electronic format approved by the City. These reports shall include data for all materials handled from its services to the City. 1. Monthly reports shall include: (a) Date, truck number, ticket number, gross weight, tare weight, and net weight for all incoming loads and outgoing loads; Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 18 (b) Date, truck number, ticket number, gross weight, tare weight, and net weight for all rejected loads; (c) Daily and monthly total tons by type of material received for Processing; (d) Revenues received for materials sold; (e) Net revenue due the City as described in sub-paragraph described above; (f) Processing payments due to Contractor; (g) Educational and promotional activities; (h) Receipt and resolution of complaints and inquiries; (i) Outstanding claims; 0)MWBE information and status; (k) Equipment added to or removed from Contractor's Processing Facility (1) Monthly payments due to Contractor or City; (m) Total amount spent as compensation to MWBE firms as requested in herein; and (n) Such other information as required in sub-paragraphs 4 and 5 below or as the City may reasonably require to verify compliance with the Contract or to meet City's reporting requirements and/or the planning needs. 2. Annual reports shall report all the above data, following the same format as the monthly report. 3. Records shall be kept on a daily, weekly, cumulative monthly, and cumulative annual basis, and shall be available to the City upon request. 4. Contractor shall file reports with the City in a timely manner, but on no less than a monthly basis, specifying all complaints, accidents or incidents while performing any duties pursuant to the terms of this Contract, outages or downtime with respect to the Processing Facility, and inspections by any regulatory agencies during the month of the report. 5. Reports shall detail the nature and reasons for these occurrences as well as all results, findings and actions taken to resolve such incidents. Contractor shall also notify the Director immediately of any fines or penalties levied and any actions that could have an adverse impact on the Contractor or the service to the City, or both. Failure to report such data shall subject the Contractor to damages described in Section 19 of this Contract. 16. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 19 LOCAL OFFICE AND CONTRACT ADMINISTRATION Contractor is required to maintain during the term of this Contract a fully operational business office within the Fort Worth metropolitan area. Contractor shall charge, assign or delegate to this office full authority to transact all business required in the performance of this Contract. Contractor shall designate a qualified managing agent within the City of Fort Worth or its immediately surrounding areas and shall identify same in writing to the City. All notices may be served from the City or Director upon the designated managing agent. Service upon Contractor's managing agent shall always constitute service upon the Contractor. A. Contractor's local office and Processing Facility shall be open during collection hours for City Collector(s) to deliver the City's Recyclables. At a minimum, the Contractor's Processing Facility shall be open during the hours of 7:00 a.m. through 7:00 p.m. Monday through Friday and 7:00 am through 3:00 p.m. on Saturdays, or until completion of contracted collection tasks, whichever is latest. B. Contractor's local office shall have a responsible person in charge, and shall be equipped with sufficient communications technology and sufficient competent personnel to receive all communications. Contractor's communication personnel shall deal with all communications in a courteous and polite manner, and record all complaints. All complaints received on a Day preceding a holiday must be resolved prior to 9:00 a.m. on the next working Day. C. Contractor shall provide a contact person to the City, available twenty-four (24) hours, seven Days a week on an emergency basis, who is able to adequately address any and all issues which may arise under the terms of this Contract. D. Contractor will provide adequate communications technology at its Processing Facility and have it staffed with competent personnel during normal operating hours. Contact information will be clearly displayed on all recycling containers and other informational material. 17. COMPLAINTS AND NON-PERFORMANCE A. All Collector complaints shall initially be directed to the City. The Director shall notify Contractor of each complaint reported to the City. It shall be the duty of Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify the Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 20 Director of its disposition within twenty-four (24) hours after receipt of the complaint by Contractor. Failure to remedy the cause of the complaint may be considered a breach of the Contract and subject to liquidated damages. B. The City shall supply on a daily basis to the Contractor with an electronic work order outlining all complaints. The work order will indicate the identification number, the date and hour of inquiry or complaint receipt, customer's name, address and phone number, the nature of the complaint or inquiry, and the City's contact by whom complaint or inquiry was received. When a complaint is received on the Day preceding a holiday or a weekend, it shall be promptly serviced as described above on the next working Day. C. Upon resolution of the complaint, the Contractor will close the work order and re-submit to the City. The closed work order will include: 1. Date, time and action taken to resolve complaint; and 2. Name of the person responsible to answer the complaint. 18. DISPOSAL OF PROGRAM RECYCLABLE MATERIALS PROHIBITED Contractor shall not dispose of any Program Recyclable Materials except when approved in writing by the Contract Administrator or as otherwise allowed in section 7. Disposal of any Program Recyclable Materials, except when approved in writing by the Contract Administrator, is a breach of this Contract and may result in termination by City of this Contract with Contractor. 19. OWNERSHIP OF PROGRAM RECYCLABLE MATERIALS AND RISK OF LOSS Title to and risk of loss to Program Recyclable Materials shall pass to Contractor once Contractor takes possession of the materials at the Delivery Facility. After the risk of loss of Program Recyclable Materials delivered to Contractor on behalf of City passes to Contractor, if any such Program Recyclable Materials are lost, damaged, or scavenged, Contractor shall be liable to City for that sum of funds that would have been paid to City in accordance with the provisions of this Contract if such materials had not been lost, damaged, or scavenged. Title to and liability for Excluded Waste shall at no time pass to Contractor but shall remain with the generator. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 21 20. ADDITION AND DELETION OF RECYCLABLE MATERIALS; SMALL HAULERS Contractor may request materials be added or deleted to Recyclable Materials subject to the approval of Director, which shall not be unreasonably withheld. City reserves the right to add other Program Recyclable Materials to the program or delete Recyclable Materials from the program if the Parties agree it is economically and technically feasible. Contractor agrees to accept at its Processing Facility, Recyclable Materials collected by Small Haulers from multi-family complexes and businesses within the City, if Contractor has capacity at the Delivery Facility to accept the material. Contractor may limit the amount delivered to its Facility to 500 tons per any given month per Small Hauler. Pricing for the processing will be based on volume and type of material that the hauler brings to the Delivery Facility as determined by the Contractor. The City shall not be responsible for, or liable for any act or omission by a Small Hauler. The City shall not directly or indirectly be considered a party or agent to a Small Hauler. 21. CONTINGENCY PLAN Within ninety (90) Days prior to the commencement of the services under the terms of this Contract, Contractor shall submit to the Director for approval a contingency plan showing the program and procedures Contractor will implement in the event of an emergency, downtime, outage, equipment failure or breakdown, labor dispute, or other situation or condition that would impair Contractor's ability to perform or provide the required services under this Contract. 22. LIQUIDATED DAMAGES For the purpose of computing damages for Contractor's failure to remedy an action or inaction listed below, it is agreed that the City may bill Contractor, the following amounts as liquidated damages: 1. Causing any Acceptable Material delivered to the Contractor by the City or the City Collector(s) to be delivered to any facility as Solid Waste without the express written consent of the City in accordance with the procedures in this Contract: $2,000 for the first occurrence and $5,000 per occurrence thereafter; Contract for the Processing of Recycling Materials between the City of Fort Worth andAllied Waste Services-Finalv2031718 22 2. Failure to submit accurate reports including monthly, quarterly, annual, employment reports and others as specified in the Contract and invoices in the specified format: Non-payment of invoices until submission of an accurate and appropriately formatted invoice and complete reporting information and $250.00 per occurrence; 3. Failure to accept materials at the Delivery Facility beginning at 7:00 AM, Central Time on April 1, 2018: $250 per hour, up to $2,500 per day; 4. Failure to accept materials at the Delivery Facility during required hours of operation at any time during Contract term: $250 per hour, up to $2,500 per day; 5. Failure to process materials at the Processing Facility during at any time during Contract term: $250 per hour, up to $2,500 per day; 6. Failure to deliver reports as required: $100 per day; 7. Failure to maintain records in accordance with recordkeeping procedures: $100 per day; 8. Failure to achieve vehicle turnaround time in accordance with Contract; $500 per day plus $100 per vehicle in excess of truck turnaround time on such day; 9. Failure to maintain scale house in accordance with Contract: $500 per day; and 10. Disposal of Program Recyclable Material or Recovered Materials: $2,500 per occurrence. Contractor's failure to remedy complaints as described above may be considered a failure to perform a Material Obligation. 23. EVENTS OF DEFAULT BY CONTRACTOR A. The following shall constitute events of default on the part of the Contractor: 1. Failure by the Contractor to perform any Material Obligation under the terms of this Contract, and continuance of such failure after (i) written notice thereof has been provided by the Director specifying such failure and requesting that such condition be Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 23 remedied, and (ii) Contractor's failure to cure the default or immediately initiate and diligently pursue reasonable action and cure such non-performance within fifteen (15) Days after receiving notice from the Director. On the fifteenth Day, City may begin termination of this Contract pursuant to Section 26 of this Contract; or 2. The Contractor being insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver trustee, or liquidator for a substantial part of its property; or a bankruptcy, winding up, reorganization, insolvency, arrangement, or similar proceeding instituted by the Contractor, under the laws of any jurisdiction or against the Contractor, if the Contractor does not take the appropriate action to dismiss said proceedings; which proceedings has not been dismissed within ninety (90) Days of the institution of such proceeding; or any action or answer by the Contractor approving, consenting to, or acquiescing in, any such proceeding; or the event of any distress, execution, or attachment upon the property of the Contractor which shall substantially interfere with its performance hereunder; or B. City shall, as soon as practical, notify Contractor of any failure on the Contractor's part to comply with the terms of this Contract. After receipt of notice from the City, Contractor shall acknowledge receipt of such notice and shall promptly provide the City with notice of what corrective action has or shall be taken by the Contractor, within fifteen (15) Days from receipt of the notice from City. Failure to provide acknowledgement of receipt of notice, or notice of planned corrective action shall constitute an event of default notwithstanding anything to the contrary herein. 24. EVENTS OF DEFAULT BY CITY A. The following shall constitute events of default on the part of the City except to the extent excused by the occurrence of an Uncontrollable Circumstance or Contractor's Fault: 1. Failure by City to perform any Material Obligation under the terms of this Contract, and the continuance of such failure for a period of sixty (60) Days after written notice thereof has been provided by the Contractor specifying such failure and requesting that such condition be remedied if City does not either cure the default or initiate and diligently pursue reasonable actions to cure such non-performance; or 2. City being insolvent or bankrupt or ceasing to pay its debts as they mature or making Contract for the Processing of Recycling Materials between the City of Fort Worth andAllied Waste Services-Finalv2031718 24 an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property; or a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding instituted by City under the laws of any jurisdiction or against City, if City does not take appropriate action to dismiss said proceedings, which proceeding has not been dismissed within ninety (90) Days of the institution of such proceeding; or any action or answer by City, approving of, consenting to, or acquiescing in, any such proceeding; or the levy of any distress, execution or attachment upon the property of City, which shall substantially interfere with its performance hereunder. B. Contractor shall, as soon as practical, notify City of any failure on the City's part to comply with the terms of this Contract. After receipt of notice from the Contractor, City shall acknowledge receipt of such notice and shall promptly provide the Contractor with notice of what corrective actions has been or shall be taken by the City, within a reasonable time, in light of the circumstances. Failure to provide within fifteen (15) Days acknowledgement of receipt of notice, or notice of planned corrective action shall constitute an event of default. 25. UNCONTROLLABLE CIRCUMSTANCES A. Uncontrollable Circumstance affecting Contractor's Obligations. Contractor shall be excused for the failure to perform its obligations under the terms of this Contract if such failure results from the occurrence of an Uncontrollable Circumstance. Contractor shall seek diligently and in good faith to perform its obligations, notwithstanding the occurrence of an Uncontrollable Circumstance, to mitigate the adverse effects of an Uncontrollable Circumstance, and to overcome an Uncontrollable Circumstance as soon as practicable. B. Notice of an Uncontrollable Circumstance. Contractor shall provide verbal notice of an Uncontrollable Circumstance to the Director within twenty-four (24) hours of the Contractor's knowledge of such Uncontrollable Circumstance and Contractor shall follow up with written notification within three (3) Days of the Contractor's knowledge of such Uncontrollable Circumstance. Such notice shall, at a minimum, set forth the following (to the extent then known or available, or if not, as soon as practicable thereafter, a separate notice shall provide such information not provided in the first notice): Contract for the Processing of Recycling Materials between the City of Fort Worth andAllied Waste Services-Finalv2031718 25 I. a description of the Uncontrollable Circumstance that has occurred; 2. the effect, if any, or such Uncontrollable Circumstance on Contractor's performance or other obligations under this Contract; and 3. the time when the Uncontrollable Circumstance will be abated. C. Reinstatement of Ability to Perform. After the resolution of an Uncontrollable Circumstance and the restoration of the Recycling Services, the Contractor shall provide written notice of a reinstatement of services. The City shall reinstate (or shall cause reinstatement of) unless this Contract shall have been previously terminated as provided herein. D. Uncontrollable Circumstance. Neither Contractor nor the City shall be liable for the failure to perform their duties nor for any resultant damage, loss, etc., if such failure is caused by Uncontrollable Circumstances. If such Uncontrollable Circumstances persists for more than thirty (30) Days, or if after its [their] cessation, the Contractor is unable to render full or substantial performance for a period of thirty (30) Days, the City may terminate this Contract by giving Contractor ten(10) Days advance written notice. 26. TERMINATION Upon the occurrence of an event of default, and after the expiration of the period of time provided to cure such default, with no cure being accomplished, all work and services of this Contract may be suspended on written order of the Director or the City Manager, or the Contract may be declared terminated by the City Council for any event of default by Contractor provided: (i)the City has provided Contractor written notice of such action or inaction constituting grounds for such suspension or termination as provided in Section 20 of this Contract; and (ii) Contractor fails to cure such alleged action or inaction within thirty (30) Days of Contractor's receipt of such notice. If such default is of a nature that it cannot be cured within such thirty (30) Day period, the City will not take action to suspend or terminate this Contract provided Contractor commences the curing of such action or inaction within the thirty (30) Day period and diligently pursues the curing thereafter, as determined by the Director. A copy of the suspension order or action of the City Council shall be served on Contractor's surety. When work is suspended for any cause or causes, or when the Contract is terminated, Contractor shall discontinue the work or such part thereof as the City shall designate, whereupon the surety may, at its option, assume the Contract or that portion thereof which the City has ordered Contractor to discontinue, and may perform the same or may, with the written Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 26 consent of the City, sublet the work or that portion of the work as taken over, provided, however, that the surety shall exercise its option and begin performance of the work, if at all, within two (2) weeks after the written notice to discontinue the work has been served upon Contractor and upon the surety or its authorized agent. The surety, in such event, shall assume Contractor's place in all respects and shall be bound by all the terms and conditions of this Contract. Surety shall be paid by the City for all work performed by it in accordance with the terms of the Contract. In case the surety does not, within the above-specified time, assume the Contract responsibilities, or that portion thereof which the City has ordered Contractor to discontinue, then the City shall have the power to perform and complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and Contractor agrees that the City shall have the right to procure equipment, labor and materials necessary for the completion of the work. The City shall not be required to obtain the lowest bid for the work of completing the Contract, but the expense to the City for same shall be the actual cost to the City of such work. In case such expenses shall exceed that amount which would have been payable under the Contract if the same had been fully completed by the Contractor, then the Contractor and its surety shall pay the amount of such excess to the City on notice from the City of the excess due. When any particular part of the work is being carried on by the City by contract or otherwise under the provisions of this Section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract. In all instances, Contractor and surety shall be liable for all costs incurred by City during the period after notice to discontinue the work has been served upon Contractor and the surety until such time as City either has elected to prosecute the work of this Contract itself or has replacement contractors in place to prosecute the work with or without additional City forces. 27. PAYMENT DISPUTES Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Fina&2031718 27 If a party disputes any amount that is payable under this Contract, the party disputing such amount shall provide written notice to the other party of such disputed amount, together with sufficient information to enable the other party to understand the nature of the dispute. Such notice shall be delivered by the party disputing such amount no later than the date that such amount is due and payable and the party disputing such amount shall make payment of any undisputed amount on the due date thereof. If the amount that is in dispute is ultimately determined to be due and payable, such disputed amount, together with interest thereon, shall be paid by the party disputing such amount within ten (10) business Days. 28. CUMULATIVE REMEDIES The rights and remedies granted in this Contract to the City and the Contractor upon an event of default are cumulative, and the exercise of such rights shall be without prejudice to the enforcement of any other right or remedy authorized by law or this Contract. No waiver of any violation shall be deemed or construed by a court of law or an arbitrator to constitute a waiver of any other violation or other breach of any of the terms, provisions, and covenants contained herein. 29. REMEDIES FOR BREACH The parties agree that, except as otherwise provided in Section 23 with respect to termination, in the event that either party breaches this Contract, the other party may exercise any legal rights it has under this Contract under the security instruments and under Applicable Law to recover damages or to secure specific performance, and that such rights to recover damages and to secure specific performance shall ordinarily constitute adequate remedies for any such breach. Neither party shall have the right to terminate this Contract for cause except upon the occurrence of an event of default or as otherwise stated herein. 30. NO WAIVER OF RIGHTS No failure by the City or by the Contractor to insist upon the strict performance of any term, covenant, agreement, provision, condition or limitation of this Contract or to exercise any right or remedy hereunder, and no acceptance by the City of full or partial payment during the continuance of any such breach, shall constitute a waiver of any such breach or of such term, covenant, agreement, provision, condition or limitation. No term, covenant, agreement, provision, condition or limitation of this Contract to be kept, observed or performed by the City Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 28 or by the Contractor, and no breach thereof, may be waived, altered or modified except by a written instrument executed and acknowledged by and delivered to the City and the Contactor. No waiver of any breach shall affect or alter this Contract, but each and every term, covenant, agreement, provision, condition and limitation of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. This Contract may be terminated (except by expiration of the Term of this Contract) only by a written instrument of termination executed by the appropriate party and delivered to the non-terminating party. 31. SURVIVAL OF CERTAIN PROVISIONS UPON TERMINATION All representations and warranties of the parties contained in this Contract, the Contractor's indemnity obligations in this Contract with respect to events that occurred prior to the termination, the rights and obligations of the parties hereto pursuant to Sections 23, 25, 28, 29, 33, 34 and all other provisions of this Contract that so provide shall survive the termination of this Contract. No termination of this Contract shall (1) limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination, or (2) preclude either party from impleading the other party in any legal proceeding originated by a third-party as to any matter occurring during the term of this Contract. 32. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the City; that Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder, and all persons performing the same; and shall be solely responsible for the acts and omissions of its officers, agents and employees, contractors and subcontractors; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents and employees, contractors and subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. No person performing any of the work and services described hereunder shall be considered an officer, agent, servant or employee of the City. 33. INDEMNIFICATION A. CONTRACTOR SHALL RELEASE,INDEMNIFY,REIMBURSE, DEFEND, AND HOLD HARMLESS, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 29 AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING DAMAGES,LOSS,INJURY OR DEATH,TO THE EXTENT CAUSED BY ANY ERROR, OMISSION, DEFECT, OR DEFICIENCY OF CONTRACTOR IN ACCORDANCE WITH THIS CONTRACT. B. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS,AGENTS, OR EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS AGENTS, OR EMPLOYEES, OR SUBCONTRACTORS, AND ANY OTHER PERSON OR ENTITY, EXCLUDING ALL PARTIES INDEMNIFIED HEREUNDER, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONTRACTOR. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT OR OTHERWISE, CONTRACTOR SHALL HAVE NO OBLIGATION TO INDEMNIFY, DEFEND OR HOLD HARMLESS THE CITY FOR ANY SUCH LIABILITY OR CLAIM TO THE EXTENT RESULTING FROM THE NEGLIGENCE OR,WILLFUL MISCONDUCT BY THE CITY. C. The obligations of the Contractor under this Section shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by the indemnified parties), even if such claims, suits or proceedings are groundless, false, or fraudulent, and in conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. D. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, the City shall provide Contractor with reasonably timely notice of same. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv1031718 30 E. 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 hereunder. F. In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this Section. G. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the assigned task has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of ninety (90) Days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved, or offers reasonable security for payment of such claim. 1. If the claim concerned remains unsettled at the expiration of the said thirty (30) Day period, the Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six (6) months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six (6) month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six (6) month period, the City Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 31 Manager may recommend that final payment to Contractor be made. At the expiration of the six (6) month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. 34. INSURANCE Contractor shall not commence work under this Contract until it has obtained all the insurance required under the Contract, and such insurance has been approved by the City. Contractor shall keep the required insurance in force throughout the term of this Contract. A. WORKERS' COMPENSATION INSURANCE OR OTHER STATE APPROVED PROGRAM: Contractor shall maintain, during the term of this Contract, Workers' Compensation Insurance or other state approved program, at statutory limits on all of its employees to be engaged in work under this Contract, and require its subcontractor(s) to maintain the same Employer's Liability (EL) Insurance at minimum limits as follows: $500,000 each accident/$500,000 disease each employee/$500,000 disease policy limit. The Worker's Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of the City. B. GENERAL LIABILITY INSURANCE (CGL): Contractor shall procure and shall maintain during the term of this Contract a General Liability Insurance coverage at a minimum limits of Ten Million Dollars ($10,000,000) per occurrence combined single limit, including property damage and personal injury coverage, during effective dates of the Contract, or any renewal thereof. C. AUTOMOBILE INSURANCE: Contractor shall procure and maintain during the term of this Contract Comprehensive Automobile Liability Insurance covering all vehicles involved with Contractor's operations under this Contract. The minimum limits of liability coverage shall be in the amount of Two Million Dollars ($2,000,000) per occurrence combined single limit, during the effective dates of Contract and any renewal period. The named insured and employees of Contractor shall be covered under this policy. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 32 D. All required limits of coverage can achieved through primary and excess/umbrella limits of cover. The following shall pertain to all applicable policies of insurance (A. through C.) listed above: 1. Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Fort Worth." An equivalent clause may be acceptable in the discretion of the City of Fort Worth. Such language shall not be included in the Workers' Compensation Insurance. 2. Subcontractors shall provide their own insurance coverage and, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City, unless subcontractors are covered under Contractor's policies of insurance. 3. Prior to commencing work under the Contract, the Contractor shall deliver to the City insurance certificate(s) documenting the insurance required and terms and clauses required. 4. The insurance certificates required by this Contract shall be supplemented by Notice to Others endorsements that will afford the City with a written, thirty (30) day notice in the event of cancellation, non-renewal or material change. 5. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency as A.VIII (or higher) by A.M. Best. 6. The deductible or self-insured retention (SIR) affecting the coverage required if applicable, is the responsibility of the Contractor, exclusively. 35. PERFORMANCE BOND Contractor agrees that upon the execution of this Contract and before beginning work, it shall make, execute and deliver to the City a good and sufficient Performance Bond in a form Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 33 furnished by the City, to secure the faithful performance of the terms and conditions herein (the "surety"). Such bond shall be in the amount of one hundred percent (100%) of the proposed cost of services as proposed by Contractor in the first year this Contract is in effect, and shall be renewed each year thereafter throughout the term of the Contract and any renewal periods in such amount as the estimated cost of services for the year immediately following the date of renewal. Same shall be signed by the President or General Officer of the Contractor, together with the signature of the corporate secretary and the corporate seal. The surety shall be a surety company duly authorized to do business in the State of Texas, and acceptable to the City Council of the City. In lieu of the Performance Bond, Contractor may submit an irrevocable, direct pay Letter of Credit, issued by a local banking institution, in the amount listed above, made out in favor of the City in relation with the services provided hereunder. All performance security, whether Performance Bond or Letter of Credit, must be in form and content acceptable to the City Attorney and annual documentation is required in the form of written certification from the surety company or banking institution that the said Performance Bond or Letter of Credit remains in effect each year of the Contract. In the event that the Performance Bond or Letter of Credit will cease to be in effect, the surety company or banking institution and Contractor shall notify the City at least thirty (30) Days in advance of lapse, and Contractor shall make, execute and deliver to the City a good and sufficient Performance Bond as described above and in the amount named above no less than ten (10) Days in advance of lapse of coverage. 36. RIGHT TO AUDIT Until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor and Guarantor involving transactions relating to this Contract. Notwithstanding anything to the contrary in this Contract or in Attachment E, the City acknowledges it shall not have access or the right to examine financial records of the Contractor that pertain to the Guarantor without limiting the generality of the foregoing to the Guarantor's division, account or facility. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 34 37. RIGHT TO ENTER AND INSPECT Contractor shall permit the City and its authorized representatives to enter the Processing Facility at all reasonable times upon reasonable advanced request for inspection and other reasonable purposes. Nothing herein shall create or imply any duty upon the City to make any repairs or do any work with respect to the Processing Facility and any performance thereof by the City shall not constitute a waiver of Contractor's default in failing to perform the same. 38. HEALTH AND SANITATION Contractor shall establish and enforce in its operations and among its employees such regulations in regard to cleanliness and sanitation in the receiving, handling, storage, and transport of Recyclables and their residue as will tend to prevent the inception and spread of disease and to effectively prevent the creation of a nuisance on any property either public or private. 39. GOVERNMENTAL POWERS AND IMMUNITIES It is understood and agreed that, by execution of this Contract, City does not waive or surrender any of its governmental powers or immunities. Contractor acknowledges that the City is a Governmental Entity and as such has certain rights, powers and duties that may affect the Contractor's rights or obligations under the Contract. The Contractor agrees that no action by the City acting in its governmental capacity shall be construed as a breach or default by the City under this Contract, nor shall any such action excuse the Contractor from performance of its obligations under this Contract; provided, however, if such action constitutes an Uncontrollable Circumstance, the Contractor may assert any rights it may have under this Contract as is permitted for any other Uncontrollable Circumstance. 40. COMPLIANCE WITH LAWS Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 35 Contractor, its officers, agents, employees, contractors and subcontractors, shall abide by and comply with all laws, federal, state and local, including the City's charter and all ordinances, rules and regulations of the City. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor, its officers, agents, employees, contractors or subcontractors, then Contractor shall immediately desist from and correct such violation. Violation of Applicable Law may be grounds for termination pursuant to the terms of this Contract. 41. LICENSES, PERMITS AND FEES Contractor agrees to obtain, pay for, and maintain all licenses, permits, certificates, inspections and all other Governmental Approvals and other fees required by Applicable Law or otherwise necessary to perform the services prescribed hereunder. Contractor shall also pay, at its own expense, all fees necessary to the Processing and marketing of Recyclables and the Processing and transport and disposal of residuals. 42. DISCRIMINATION PROHIBITED Contractor, in the execution, performance or attempted performance of this Contract shall not discriminate against any person or persons on any unlawful basis. This Contract is made and entered into with reference specifically to Article III of Chapter 17 of the Code of the City of Fort Worth (1986), as amended, an ordinance prohibiting discrimination, and Contractor hereby covenants and agrees that it has fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against or will be discriminated against by Contractor in violation of said ordinance. Contractor warrants that it is an equal opportunity employer. In addition, Contractor, in the execution, performance or attempted performance of this Contract shall not discriminate on any prohibited basis and shall fully comply with all other applicable federal, state and local laws concerning discrimination. 43. NON ASSIGNMENT Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the Contract or the rights, title, or interest in or to the same or any part thereof without the previous consent of Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 36 the City Council with concurrence of the surety. In the event Contractor does, without such previous consent, assign, transfer, sublet, convey or otherwise dispose of the Contract or of the right, title or interest therein or any part thereof, City may, at its discretion, terminate the Contract in accordance with Section 26 hereof. Consent will not be withheld unreasonably, provided that Contractor, Guarantor and surety shall not be released from their respective obligations hereunder up to the date of the assignment only. The City may not assign its rights and privileges under this Contract without the prior written consent of the Contractor which shall not be unreasonably withheld. 44. REPRESENTATIONS AND WARRANTIES OF EACH PARTY Each party represents and warrants to and with the other as to the Commencement Date (and such representations and warranties as of the Commencement Date shall survive the termination or expiration of this Contract), as follows: A. Each party is duly organized and existing in good standing and each is duly qualified and authorized to enter into and perform the obligations set forth in this Contract. The execution and performance of this Contract (1) have been duly authorized by all required corporate or other action of such party, (2) do not require any consent or approval not otherwise previously obtained, and (3) will not violate any judgment, order, law or regulation applicable to such party or any provisions of such party's charter, ordinances or resolutions. B. The execution of this Contract and the performance of all obligations set forth herein do not conflict with, and will not, nor with the passage of time or the giving of notice, constitute a breach of or event of default under any charter, ordinances or resolutions of the party, or any contract, indenture, mortgage, bond, instrument or Applicable Laws to which the party is subject or by which such party is bound. This Contract has been duly executed and constitutes a legal, valid and binding obligation of each party and is enforceable in accordance with its terms, except to the extent that the enforcement thereof is limited by any applicable bankruptcy, insolvency, reorganization, moratorium or other laws relating to or limiting creditors' rights generally and the application of principles of equity. C. There is no action, suit or proceeding, at law or in equity, before or by any court or Governmental Entity, pending or threatened against the party, wherein an unfavorable decision, ruling or finding would materially adversely affect the performance by the party of its obligations hereunder or the other transactions contemplated hereby, or which, in Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 37 any way, would adversely affect the validity or enforceability of this Contract, or any other contract or instrument entered into by the party in connection with the transactions contemplated hereby. 45. SUCCESSORS AND ASSIGNS All of the terms, covenants, and agreements contained herein shall be binding upon and shall inure to the benefit of successors and assigns of the respective parties hereto. 46. NOTICES Any notices, bills, invoices or reports required by this Contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Robert Smouse,Assistant Director Solid Waste Services Division Department of Code Compliance City of Fort Worth 4100 Columbus Trail Fort Worth,Texas 76133 With a copy to: City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 If to the Contractor: General Manager Allied Waste Services of Fort Worth 6100 Elliott Reeder Rd. Fort Worth, TX 76117 With a copy to: General Counsel Republic Services, Inc. 18500 N. Allied Way Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 38 Phoenix, AZ 85054 To Guarantor: 47. VENUE Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this Contract, venue for said action shall be in Tarrant County, Texas. 48. GUARANTY BY PARENT COMPANY OF CONTRACTOR A. It is hereby agreed and understood by Contractor and City that Republic Services, Inc. is the "parent company" of Contractor, or is otherwise serving as Guarantor for Contractor. B. Contractor agrees that, simultaneously with the entering into of this Contract by Contractor and City, its "parent company" or Guarantor shall execute the "Guaranty" set forth in Attachment D of this Contract. The Contractor agrees that the person or entity executing the Guaranty on behalf of its "parent company" or Guarantor shall be a person or entity authorized to bind legally the parent company or Guarantor to such a Guaranty. C. It is expressly agreed and understood by Contractor and City that the Guaranty to be provided and executed by Contractor's "parent company," or Guarantor as required by the sub-section above, constitutes a part of the consideration to the City for this Contract. D. The Contractor further agrees that the failure of its "parent company" or Guarantor to execute properly the Guaranty shall constitute a breach of this Contract and shall be cause for termination hereof by City. 49. Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 39 SAVINGS CLAUSE In case any one or more of the provisions contained in this Contract 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 of this Contract; this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 50. NON-APPROPRIATION In the event that no funds or insufficient funds are collected, appropriated and budgeted or funds are otherwise unavailable for payment of amounts due hereunder by City to Contractor, City shall notify Contractor and this Contract shall terminate on the last Day of the fiscal period for which appropriations were made without penalty or expense to City of any kind whatsoever, except as to the payment of amounts due and payable for which appropriations have been made for said fiscal period. City covenants that it will provide Contractor as much notice as possible of this contingency. Provided, however, that this Section 47 is not intended to grant to the City an independent ground for termination of this Contract separate and apart from any grounds for termination for non-appropriation or non-availability of funds which would be provided to City by reason of Tex. Const. Ann. Art. 11, Sec. 5 and 7. IN WITNESS WHEREOF, The parties hereto have executed this Contract and Contract thi sk's,day of_ , A.D., 2018, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH ALLIED WASTE SERVICES OF FORT WORTH,LLC u Valerie Washington Assistant City Mana er Craig Mikolajchak, General Manager Date Signed: �� /�� � « Date Signed: ATTES �y WITNESS: '/41 n V. %0 AtcL ;a� ary Jkayser ity Secretary AS Contract for the Processing of Recycling Materials between the City ojFort Worth and Allied Waste Services-Finalv2031718 40 1295: 01 25U9a OFFICIAL RECORD CITY SECRETARY FT.WORTH,Tx APPROVED AS TO FORM CORPORATE SEAL: AND LEGALITY: Christ R.Lopez- ynolds Sr.Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Valerie Familo ��� Title Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 41 OFFICIAL.RECORD CITY SECRETARY Lip Rir"9 TX Contract Compliance Manager: Republic Services Residential Recycling Processing By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Val Familo Nam of Employee ( 4 Signature Contract Services Administrator _ Title OFFICIAL,RECORD CITY EEORETARY Ft WORTNt TX EXHIBIT A Cost Adjustment Method Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 42 Attachment A Cost Adjustment Method The Operating Cost component of the Processing Fee, Disposal & Transportation Fee, Unaccepted Load Disposal Fee, Unaccepted Load Management Fee, and Public Education Contribution in Appendix B under this Contract with the City will be adjusted by the Contractor for the second and subsequent Contract Years of the term of the Contract. The Capital Cost component of the Processing Fee shall not be adjusted. In addition, Fees shall not be adjusted other than as explicitly authorized in the Contract. The Operating Cost component of the Processing Fee, Disposal & Transportation Fee, Unaccepted Load Disposal Fee, Unaccepted Load Management Fee, and Public Education Contribution will be adjusted upward annually to reflect changes in the cost of operations by the Cost Adjustment Method using indices applicable to the operations and the methodology as set forth below, on the "Cost Adjustment Date". The first cost adjustment date shall be April 1, 2019, and the first Cost Adjustment shall represent changes in the indices applied herein for the previous twelve (12) months (calculated by using indices for the end of March in 2018 and the end of March in 2019). Index used will be the "Garbage and Trash Collection" component of the CPI, which is found under "CUSROOOOSEHG02" CPI. Since some US Department of Labor, Bureau of Labor Statistics (BSL) data is not finalized for several months, cost adjustments will not be applied until all data used is issued as final. If BLS changes the methodology for calculating CPI, which causes historical data used to calculate this cost adjustment to be restated, such changes shall only apply to future adjustments and not to adjustments already implemented. Cost adjustments shall not exceed four and half (4.5) percent per year and shall not be less than two and half (2.5) percent per year. As soon as possible after a Cost Adjustment Date, Contractor shall send to the City a comparative statement setting out the change determined through the Cost Adjustment Method and the increase or decrease in the Operating Cost component of the Processing Fee, Disposal & Transportation Fee, Unaccepted Load Disposal Fee, Unaccepted Load Management Fee, and Public Education Contribution. On the next billing date after the receipt and approval by the City of the comparative statement showing the calculated change to the Operating Cost component of the Processing Fee, Disposal & Transportation Fee, Unaccepted Load Disposal Fee, Unaccepted Load Management Fee, and Public Education Contribution, the City shall pay to the Contractor, or the Contractor shall credit to the City, as the case may be, a lump sum equal to any increase or decrease applicable to that portion of the current period which has elapsed, and thereafter, the Operating Cost component of the Processing Fee, Disposal & Transportation Fee, Unaccepted Load Disposal Fee, Unaccepted Load Management Fee, and Public Education Contribution charged by the Contractor shall be modified to reflect any change until the next Cost Adjustment Date, and a comparative statement is received and approved by the City. If any index defined herein shall not be determined and published or if any index as it is constituted on the Contract Date is thereafter substantially changed, there shall be substituted for such index another index which is determined and published on a basis substantially similar to the index being replaced as shall be mutually agreed upon by the City and the Contractor. Listed below are the indices and Contractor's percentages of the indices that shall constitute the basis for adjustment of the Fees for Collection under this Contract. The percent of change applied to cost adjustment shall be carried out to three (3) decimal places without rounding. Indices and Contractor's Percentage of Each Index to be Applied in the Cost Adjustment - Collection Garbage and Trash Collection - CUSROOOOSEHGO2 CPI Contractor has designated 100% of the Operating Cost component of the Processing Fee, Disposal & Transportation Fee, Unaccepted Load Disposal Fee, Unaccepted Load Management Fee, and Public Education Contribution in Appendix B to be adjusted by the "Garbage And Trash Collection" component of the CPI, which is found under code "CUSROOOOSEHG02". Example Following is an example of the application of these indices with Contractor's percentages for cost adjustment. In the example below, an annual factor of 3.563% would be applied to of the Processing Fee, Disposal & Transportation Fee, Unaccepted Load Disposal Fee, Unaccepted Load Management Fee, and Public Education Contribution in Appendix B to determine the of the Processing Fee, Disposal & Transportation Fee, Unaccepted Load Disposal Fee, Unaccepted Load Management Fee, and Public Education Contribution for the next Contract Year. MRF Processing Cost Adjustment 4/1/2019 Thru 3/31/2020 INDEX WEIGHT 3/31/2018 3/31/2019 Change% Adjust Garbage And Trash Collection; 100% 446.987 462.915 3.563% 3.563% CUSROOOOSEHG02 Start Rate %Change $ Change New$ Processing $ 78.00 3.563% $ 2.78 $ 80.78 SOP & OCC $ 50.00 3.563% $ 1.78 $ 51.78 Processing Capital $ 6.00 NA NA $ 6.00 Total Processing $ 84.00 3.563% $ 2.78 $ 86.78 Transportation and Disposal $ 10.00 3.563% $ 0.36 $ 10.36 Education $ 2.00 3.563% $ 0.07 $ 2.07 Unaccepted Load Disposal Fee $ 40.00 3.563% $ 1.43 $ 41.43 Unaccepted Load Management Fee $ 10.00 3.563% $ 0.36 $ 10.36 EXHIBIT B Waste Audit Procedure Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 43 EXHIBIT B Waste Audit Procedure The initial Recycling Characterization Audit and Residue Characterization Audits, collectively Characterization Audits, shall be conducted in May 2018. Subsequent Characterization Audits shall be conducted in on a mutually agreed upon date in May, August, November, and February of each Contract Year. City must approve any postponements of Characterization Audits. Contractor, at Contractor's sole expense, shall conduct Characterization Audits in accordance with the following: Recycling Characterization Audit 1. Each Recycling Characterization Audit will be monitored by Contractor and City and City representative if City desires. 2. The Processing Facility scales, including the vehicle and baler scales, shall be calibrated in accordance with the Contract. Contractor shall provide documentation to City of the scales calibration. 3. City and Contractor will agree to the description of each commodity, including Single- stream Recyclables and other Recyclable Materials Processed into Recovered Materials, in advance of the Recycling Characterization Audit in written form. 4. The Recycling Characterization Audit will be conducted based on a minimum of one (1) Load containing a minimum of five (5) tons per each scheduled collection day for a calendar week from the Single-stream Recyclables collected from residential customers by City Collector. 5. The following procedure will be used for route selection: City and Contractor will agree upon a day to randomly draw routes from each collection day at least one (1) week in advance of the Recycling Characterization Audit. Contractor will obtain from the City Collector a copy of the specific route maps that show the homes collected within the load that will be used for auditing purposes upon delivery of the load to the Processing Facility. 6. The vehicles selected for the Recycling Characterization Audit will be weighed full and empty to capture the tare weight of the truck and the weight of the Load. All weights shall be recorded to a hundredth of a ton. On-file tare weights will not be acceptable during the Recycling Characterization Audit. 7. Contractor shall store the Loads from the selected routes in a segregated area. The segregated area will have barriers in place to separate Recycling Characterization Audit materials from any other materials that are delivered to the Processing Facility. 8. Immediately prior to Processing the Recycling Characterization Audit materials, Contractor will empty, clean and free of debris the system, sort line, bunkers, and balers. The tipping floor will be empty, clean and free of debris, with the exception of the segregated Recycling Characterization Audit materials. 9. City and Contractor will ensure the number of employees available for the Recycling Characterization Audit is appropriate to sort material and conduct the Recycling Characterization Audit. The number of employees utilized for sorting materials will be consistent with typical operations. 10. After approval of City to commence the Recycling Characterization Audit, Contractor shall load the materials onto the Processing line and run at normal Processing speed(25- 30 tons per hour, or as designed) or slower. Contractor will Process the materials into the various commodity categories and Residue and Contamination. 11. Once the Processing Facility line and employees have Processed all Recycling Characterization Audit material, each commodity will be weighed to a hundredth of aton and documented with City representatives present. Each individual commodity bunker will be baled one at a time. Residue and Contamination will be weighed separately of Recyclable Materials. 12. At the end of the Recycling Characterization Audit day, tally sheets of all weights for each commodity and Residue and Contamination shall be provided to City. Residue Characterization Audit 1. Each Residue Characterization Audit will be monitored by Contractor and City if City desires. 2. The Residue Characterization Audit will be conducted based on a minimum of one (1) sample collected every thirty (30) minutes from the end of processing line materials during the Recycling Characterization Audit. Each sample shall weigh approximately one hundred(100)pounds. 3. The procedure for collection of samples shall be mutually agreed upon by City and Contractor. 4. Contractor shall store the samples from in a segregated area. The segregated area will have barriers in place to separate Residue Characterization Audit materials from any other materials that are delivered to the Processing Facility. 5. Contractor shall provide and area for sorting of samples which is mutually agreeable to City and Contractor. Contractor will provide all other equipment per request of City for the Residue Characterization Audit. 6. City will classify the materials into the proposed material categories, but at a minimum each commodity utilized for the Recycling Characterization Audit, contamination, and fines, and place the materials into the individual bins/cans for each category. 7. Once all the materials from the sample have been sorted into their designated bins/cans, City will check all bins/cans to confirm materials are placed in the appropriate bin/can. After City has performed a quality control check, Contractor may check all bins/cans to confirm materials are placed in the appropriate bin/can. Contractor shall communicate any issues immediately to City. 8. City will assign a bins/cans to each material category and weigh to a hundredth of a pound and record the weight of each bin/can empty. 9. City will weigh to a tenth of a pound and record the weights of each bins/cans for each sample to capture the gross weight of the bin/can and the material. 10. At the end of the Residue Characterization Audit day, tally sheets of all weights for each sample shall be provided to City. 11. City with the assistance of Contractor will weigh all Residue and Contamination including materials in the compactor and other sources. City and Contractor may agree for certain sources of Residue and Contamination to be presumed 100% Contamination. All other sources of Residue and Contamination will be presumed to have the composition based on the Residue Characterization Audit. General Characterization Audit Reporting Protocol 1. Following the Characterization Audits, City will calculate the estimated annual tonnage by material category and Residue and Contamination based on the Recycling Characterization Audit. 2. Then, City will calculate the estimated annual tonnage by material category and Contamination in the total Residue and Contamination reported by the Recycling Characterization Audit by applying the composition based on the Residue Characterization Audit. 3. Then, City aggregate the tonnage by Recovered Material category from the Recycling Characterization Audit to the tonnage by material category from the Residue Characterization Audit. 4. Next, City will calculate the recovery rate to determine whether Contractor is in compliance with the requirement to recover 95% of Single-stream Recyclables. For calculation of the recovery rate, the tonnage of recyclable material recovered according to the Recycling Characterization Audit will be divided by the total tonnage of recyclable material recovered according to the Recycling Characterization Audit plus the total tonnage of recyclable material not recovered according to the Residue Characterization Audit. The following is the formula for the calculation of the recovery rate: Recovery Rate = (X) (X + Y) X= Tonnage of Recyclable Materials Recovered via Recycling Characterization Audit Y= Tonnage of Recyclable Materials Not Recovered via Residue Characterization Audit If the 95% recovery rate is not met, the quantity of Recyclable Materials will be proportionately increased based on the composition of Recyclable Materials not recovered according to the Residue Characterization Audit to achieve the 95% recovery rate. See example recovery rate calculation on next page. 5. The aggregated tonnage by Recovered Material category from the Recycling Characterization Audit and the tonnage by material category from the Residue Characterization Audit adjusted to achieve the 95% recovery rate from the most recent Characterization Audit and the prior three (3) Characterization Audits conducted by City and Contractor when available will be used for calculation of the Recyclable Revenue Share, Disposal Allowance, and Disposal and Transportation Fees. City and Contractor agree that Characterization Audits conducted prior to the commencement of the Contract shall be utilized for calculation of the Recyclable Revenue Share, Disposal Allowance, and Disposal and Transportation Fees for calculating the revenue or invoice for the months of April and/or May, and until the actual results of the initial baseline audit scheduled to be completed in May can begin to be used. City and Contractor agree the sum of the tonnage of the Characterization Audits, and not the average of the percentage of the composition for the Characterization Audits, will be utilized to estimate of composition of materials for calculation of the Recyclable Revenue Share, Disposal Allowance, and Disposal and Transportation Fees. 6. Within five (5) business days of the completed Characterization Audit, the City will provide the Contractor a report detailing the Characterization Audit results. 7. City may at its sole discretion reject the results of the Characterization Audit if the variance between the weight of the Incoming Tons for the Loads included in the Recycling Characterization Audit versus the Recyclable Materials and Contamination exceeds (five) 5 percent. If City rejects the results of the Characterization Audit, Contractor shall reconduct the Characterization Audit within thirty (30) calendar days. 8. City may take pictures prior to and during the Characterization Audits. 95% Recovery Rate Calculation Examples Provided below are two examples of how to determine whether the Waste Audit Procedure results in a 95% recovery rate. The first example shows the results based on numbers that meet the 95% recovery rate and the second example is one where the 95% recovery rate is not met. Example 1: Meeting the 95% Recovery Rate Table 1 provides an example of the calculation of Recyclable Materials recovered via the Recycling Characterization Audit plus the total tonnage of Recyclable Material not recovered according to the Residue Characterization Audit. For the example, a total of 152.71 tons of material was characterized. The Recycling Characterization Audit resulted in 120.05 tons of Recyclable Materials recovered and 32.66 tons of Residue and Contamination. The Residue Characterization Audit resulted in the 32.66 tons of Residue and Contamination including 5.05 tons of Residue (i.e. Recyclable Material not recovered) and 27.61 tons of Contamination. Table 1 and Table 2 present an example of the recovery rate calculation assuming 120.05 tons of Recyclable Materials were recovered via the Recycling Characterization Audit and 5.05 tons of Recyclable Materials were not recovered via the Residue Characterization Audit resulting in a 95.96% recovery rate. Table 1 presents the estimated tons of Recyclable Material recovered based on the Recycling Characterization Audit and the estimated tons of Recyclable Material not recovered based on the Residue Characterization Audit. Table 2 presents the recovery rate calculation based on the results of Table 1. Table 1: Example Calculation of Recyclable Materials Recovered via the Recycling Characterization Audit and Not Recovered via Residue Characterization Audit with No Adjustment Required (Tons) Material Group Material Category Recyclable Recyclable Total Material Material Not Material Recovered' Recovered' Recyclable Paper Newspaper 38.38 0.98 39.36 OCC 19.72 1.15 20.87 Other Mixed Paper 20.34 0.95 21.29 Recyclable Plastic PET 8.06 0.98 9.04 HDPE Color 3.04 0.21 3.25 HDPE Natural 2.10 0.05 2.15 Mixed Plastic 4.88 0.45 5.33 Recyclable Metal Aluminum 1.61 0.12 1.73 Steel 2.77 0.04 2.81 Recyclable Glass Glass 19.15 0.12 19.27 Total Recyclable Material 120.05 5.05 125.10 Contamination NA NA 27.61 Total 120.05 5.05 152.71 1. Estimated based on the composition of the Recycling Characterization Audit and Residue Characterization Audit applied to total tons of the loads audited. Table 2: Example 95% Recovery Rate Calculation with No Adjustment Required Tons Tonnage of Recyclable Materials Recovered 120.05 via Recycling Characterization Audit Tonnage of Recyclable Materials Recovered and Not Recovered' 125.10 Recovery Rate 95.96% 1. Estimated based on the composition of the Recycling Characterization Audit and Residue Characterization Audit. Example 2: Not Meeting the 95% Recovery Rate If the 95%recovery rate is not met, the quantity of Recyclable Materials will be proportionately increased based on the composition of Recyclable Material not recovered to achieve the 95% recovery rate. Like the prior example, a total of 152.71 tons of material was characterized and the Recycling Characterization Audit resulted in 120.05 tons of Recyclable Materials recovered and 32.66 tons of Residue and Contamination. However, the Residue Characterization Audit resulted in the 32.66 tons of Residue and Contamination including 7.62 tons of Residue (i.e. Recyclable Material not recovered) and 25.04 tons of Contamination. Tables 3, 4, 5, 6, and 7 provide an example of the adjustment if 95% recovery rate assuming 120.05 tons of Recyclable Materials were recovered via the Recycling Characterization Audit and 7.62 tons of Recyclable Materials were not recovered via the Residue Characterization Audit resulting in a 94.03%recovery rate. Table 3 presents the estimated tons of Recyclable Material recovered based on the Recycling Characterization Audit and the estimated tons of Recyclable Material not recovered based on the Residue Characterization Audit. Table 4 presents the recovery rate calculation based on the results of Table 3. Since the recovery rate is less than 95% as shown in Table 4, Table 5 calculates the required tonnage adjustment to achieve the 95% recovery rate. Table 6 allocates the required tonnage adjustment reported in Table 5 amongst the material categories based on the composition of the Residue Characterization Audit. Table 7 shows the final adjusted total Recyclable Material based on the estimated tons of Recyclable Material recovered and the estimated tons of Recyclable Material not recovered in Table 3 and adjusted in accordance with Table 6. Table 3: Example Calculation of Recyclable Materials Recovered via Recycling Characterization Audit and Not Recovered via Residue Characterization Audit Requiring Adjustment(Tons) Material Group Material Category Recyclable Recyclable Total Material Material Not Material Recovered' Recovered' Recyclable Paper Newspaper 38.38 1.28 39.66 OCC 19.72 1.38 21.10 Other Mixed Paper 20.34 1.25 21.59 Recyclable Plastic PET 8.06 1.24 9.30 HDPE Color 3.04 0.73 3.77 HDPE Natural 2.10 0.28 2.38 Mixed Plastic 4.88 0.69 5.57 Recyclable Metal Aluminum 1.61 0.34 1.95 Steel 2.77 0.15 2.92 Recyclable Glass Glass 19.15 0.28 19.43 Total Recyclable Material 120.05 7.62 127.67 Contamination NA NA 25.04 Total 120.05 7.62 152.71 1. Estimated based on the composition of the Recycling Characterization Audit and Residue Characterization Audit applied to total tons of the loads audited. Table 4: Example 95% Recovery Rate Calculation Requiring Adjustment Tons Tonnage of Recyclable Materials Recovered 120.05 via Recycling Characterization Audit Tonnage of Recyclable Materials Recovered and Not Recovered' 127.67 Recovery Rate 94.03% 1. Estimated based on the composition of the Recycling Characterization Audit and Residue Characterization Audit. Table 5: Example Adjustment for 95% Recovery Rate Calculation Tons Tonnage of Recyclable Materials Recovered and Not Recovered' 127.67 Required Recovery Rate 95.0% Required Recovered Tons 121.29 Tonnage of Recyclable Materials Recovered 120.05 via Recycling Characterization Audit Required Tonnage Adjustment 1.24 1.Estimated based on the composition of the Recycling Characterization Audit and Residue Characterization Audit. Table 6: Example Calculation of Recyclable Materials Not Recovered via Residue Characterization Audit Requiring Adjustment Material Group Material Category Recyclable Recyclable Adjustment Material Material (Tons)' Not Not Recovered Recovered (Tons) (% of Total) Recyclable Paper Newspaper 1.28 16.80% 0.21 OCC 1.38 18.11% 0.22 Other Mixed Paper 1.25 16.40% 0.20 Recyclable Plastic PET 1.24 16.27% 0.20 HDPE Color 0.73 9.58% 0.12 HDPE Natural 0.28 3.67% 0.05 Mixed Plastic 0.69 9.06% 0.11 Recyclable Metal Aluminum 0.34 4.46% 0.06 Steel 0.15 1.97% 0.02 Recyclable Glass Glass 0.28 3.67% 0.05 Total 7.62 1.24 1. Multiply Recyclable Material Not Recovered(%)by Required Tonnage Adjustment in Table 5. 2 2 2 q m m R v# K - « ) - ° oma * k t t— � u _ » o - ` o ■ � � � 5 «o c c o 6 S o 6 0 0 _ J E 00 § % J ■ 2 � = 0 2 4) a f f e - ■ n q « § .@ ■ 2 a > 0 / / 15 < cu U) £ j 4) � � m o a ■ $ t m m q _ - C t g q / / 2 v ° S ° J - D < \ \ / v cL 4 0 g J E - G o o - G ) J CD q q § s 0 0 2 « g 2 cn of - / 2 ■ \ \ u 4) D » - k 2 Q m G m y m m E $ » o + $ ■ « v & S a G $ 32 x _ _ / D I f 7 2 cn 0- ° / CD � § / k \ § b Cl) / \ - a Cl) k 5 \ U ? ? 3 § $ G 3 » f .2 .2 a % _ » C) 2 CD / � E k f J 0 / I I \ \ k k k k n ° CD v v v v < < < H w w w Exhibit B.1 - 95% Recovery Rate Calculation City of Fort Worth Example of No Adjustment Table 1: Example Calculation of Recyclable Materials Recovered via the Recycling Characterization Audit and Not Recovered via Residue Characterization Audit with No Adjustment Required Recyclable Recyclable Material Group Material Category Material Material Not Total Recovered Recovered Recyclable Paper Newspaper 38.38 0.98 39.36 OCC 19.72 1.15 20.87 Other Mixed Paper 20.34 0.95 21.29 Recyclable Plastic PET 8.06 0.98 9.04 HDPE Color 3.04 0.21 3.25 HDPE Natural 2.10 0.05 2.15 Mixed Plastic 4.88 0.45 5.33 Recyclable Metal Aluminum 1.61 0.12 1.73 Steel 2.77 0.04 2.81 Recyclable Glass Glass 19.15 0.12 19.27 Total Recyclable Materials 120.05 5.05 125.10 Other Contamination 27.61 Total Materials 152.71 Table 2: Example 95% Recovery Rate Calculation with No Adjustment Required Tons Tonnage of Recyclable Materials Recovered via Recycling Characterization Audit 120.05 Tonnage of Recyclable Materials Recovered and Not Recovered 125.10 Recovery Rate 95.96% Exhibit B.2 - 95% Recovery Rate Calculation City of Fort Worth Example of Adjustment Table 3: Example Calculation of Recyclable Materials Recovered via Recycling Characterization Audit and Not Recovered via Residue Characterization Audit Requiring Adjustment Recyclable Recyclable Material Group Material Category Material Material Not Total Recovered Recovered Recyclable Paper Newspaper 38.38 1.28 39.66 OCC 19.72 1.38 21.10 Other Mixed Paper 20.34 1.25 21.59 Recyclable Plastic PET 8.06 1.24 9.30 HDPE Color 3.04 0.73 3.77 HDPE Natural 2.10 0.28 2.38 Mixed Plastic 4.88 0.69 5.57 Recyclable Metal Aluminum 1.61 0.34 1.95 Steel 2.77 0.15 2.92 Recyclable Glass Glass 1915 0.28 19.43 Total Recyclable Materials 120.05 7.62 127.67 Other Contamination 25.04 Total Materials 152.71 Table 4: Example 95% Recovery Rate Calculation Requiring Adjustment Tons Tonnage of Recyclable Materials Recovered via Recycling Characterization Audit 120.05 Tonnage of Recyclable Materials Recovered and Not Recovered 127.67 Recovery Rate 94.03% Table 5: Example Adjustment for 95% Recovery Rate Calculation Tons Tonnage of Recyclable Materials Recovered and Not Recovered' 127.67 Required Recovery Rate 95.00% Required Recovered Tons 121.29 Tonnage of Recyclable Materials Recovered via Recycling Characterization Audit 120.05 Required Tonnage Adjustment 1.24 Exhibit B.2 - 95% Recovery Rate Calculation City of Fort Worth Example of Adjustment Table 6: Example Calculation of Recyclable Materials Not Recovered via Residue Characterization Audit Requiring Adjustment Recyclable Recyclable Material Group Material Category Material Material Not Total Recovered Recovered Recyclable Paper Newspaper 1.28 16.80% 0.21 OCC 1.38 18.11% 0.22 Other Mixed Paper 1.25 16.40% 0.20 Recyclable Plastic PET 1.24 16.27% 0.20 HDPE Color 0.73 9.58% 0.12 HDPE Natural 0.28 3.67% 0.05 Mixed Plastic 0.69 9.06% 0.11 Recyclable Metal Aluminum 0.34 4.46% 0.06 Steel 0.15 1.97% 0.02 Recyclable Glass Glass 0.28 3.67% 0.05 Total Recyclable Materials 7.62 1.24 Table 7: Example Adjustment for Recyclable Materials Recovered via Recycling Characterization Audit and Not Recovered via Residue Characterization Audit Recyclable Recyclable Material Group Material Category Material Material Not Total Recovered Recovered Recyclable Paper Newspaper 38.59 1.07 39.66 OCC 19.94 1.16 21.10 Other Mixed Paper 20.54 1.05 21.59 Recyclable Plastic PET 8.26 1.04 9.30 HDPE Color 3.16 0.61 3.77 HDPE Natural 2.15 0.23 2.38 Mixed Plastic 4.99 0.58 5.57 Recyclable Metal Aluminum 1.67 0.28 1.95 Steel 2.79 0.13 2.92 Recyclable Glass Glass 19.20 0.23 19.43 Total Recyclable Materials 121.29 6.38 127.67 EXHIBIT C PROCESSING FEES AND REVENUE SHARE SCHEDULE Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 44 EXHIBIT C: Financial Terms for Program Recyclable Material Processing Processing Fee— Operating Costs(A) $78 per Single-stream incoming ton $50 Sorted Office Paper incoming ton per Source Separated $50 OCC incoming ton Processing Fee— Capital Costs(B) $6 per incoming ton Total Processing Fee (A+B) $84 per incoming ton Disposal Allowance Yes Disposal& Transportation Fee $10 per contamination ton Recyclable Revenue Share 80%per incoming ton Required Public Education Contribution $2.00 per incoming ton Floor Pricing Equal to negative$25 per ton after Recyclable Revenue Share calculation Unaccepted Loads Unaccepted Load Disposal Fee $40per incoming ton of Unaccepted Load Unaccepted Load Management Fee $10 per incoming ton of Unaccepted Load The Recyclable Revenue Share will be based on the Recyclable Revenue Share Index calculated each month in accordance with the following indexes for marketed commodities.Not all of the categories will be used each month, as some commodities may be processed and marketed with another commodity (e.g.Newspaper as Other Program Recyclable Material -Paper). Newspaper The greater of RecyclingMarkets.net, PS 6 News, Southcentral USA region, (1st issue of the month)regionally average price or Average Monthly Actual Sales Price Old Corrugated Cardboard The greater of RecyclingMarkets.net, PS 11 Corrugated Containers, (OCC) Southcentral USA region,(1 st issue of the month)regionally average rice or Average Monthly Actual Sales Price Brown Paper Bags The greater of RecyclingMarkets.net, PS 11 Corrugated Containers, Southcentral USA region, (1 st issue of the month)regionally average price or Average Monthly Actual Sales Price Magazines, Catalog,and Phone The greater of RecyclingMarkets.net, PS 10 Magazines,Southcentral Books USA region, (1 st issue of the month)regionally average price or Average Monthly Actual Sales Price Cartons The greater of the Average Monthly Actual Sales Price,Verified Market Price, or zero Sorted Office Paper The greater of RecyclingMarkets.net, PS 37 Sorted Office Paper, Southcentral USA region,(1 st issue of the month)regionally average rice or Average Monthly Actual Sales Price Other Program Recyclable The greater of RecyclingMarkets.net, PS 54 Mixed Paper, Material- Paper Southcentral USA region, (1 st issue of the month)regionally average rice or Average Monthly Actual Sales Price Aluminum The greater of RecyclingMarkets.net,Aluminum Cans(Sorted,Baled, picked up), (1st issue of the month) regionally average price or Average Monthly Actual Sales Price Steel/Tin The greater of RecyclingMarkets.net, Steel Cans(Sorted,Baled, picked up), (1 st issue of the month) regionally average price or Average Monthly Actual Sales Price Other Program Recyclable The greater of RecyclingMarkets.net, Steel Cans(Sorted,Baled, Material-Metal picked up), (1 st issue of the month) regionally average price or Average Monthly Actual Sales Price Plastic#I The greater of RecyclingMarkets.net, Plastics PET Baled, Houston (Southcentral) region, (2nd business day of the month)regionally average price or Average Monthly Actual Sales Price Plastic#2 Natural The greater of RecyclingMarkets.net, Plastics Natural HDPE Baled, Houston (Southcentral) region, (2nd business day of the month) regionally average price or Average Monthly Actual Sales Price Plastic#2 Colored The greater of RecyclingMarkets.net, Plastics Colored HDPE Baled, Houston (Southcentral) region, (2nd business day of the month) regionally average price or Average Monthly Actual Sales Price Other Program Recyclable The Average Monthly Actual Sales Price Material-Plastic Glass The Average Monthly Actual Sales Price Residue and Contamination Zero Exhibit CA -Processing Fee and Revenue Share Schedule City of Fort Worth Example of No Revenue Share and No Floor Pricing Note RECEIPTS: Supplier# Commodity# Com.Descr Tons SS Curbside Loose SS Rejected Unacceptable Loads Total Tons Received 4,001.81 PROCESSING FEE: Total Processed Tons 4,001.81 Per ton Processing Fee Total Process in Fees $ 336,152.04 Commodity Component% Tons $/Ton Revenue Total$ ONP(News) 15.331/. 613.48 $84.00 $ 51,532.32 PET 3.66% 146.47 $291.21 $ 42,653.53 HDPE Colored 1.10% 44.02 $292.94 $ 12,895.22 HDPE Natural 1.02% 40.82 $650.00 $ 26,533.00 Aluminum 0.69% 27.61 $1,490.83 $ 41,161.82 Steel 1.78% 71.23 $120.40 $ 8,576.09 Crushed Glass 26.36% 1,054.88 $2.03 $ 2,141.41 Mixed Plastic 1.20% 48.02 $40.00 $ 1,920.80 Other Mix Paper 13.75% 550.25 $47.50 $ 26,136.88 OCC 9.00% 360.16 $162.48 $ 58,518.80 Residue and Contamination 26.11% 1,044.87 $ Total Processed 100.00% 4,001.81 $ 272,069.87 Total Recyclable Revenues $ 272,069.87 Total Processing Fees $ (336,152.04) Recyclable Revenues Net Processing Fees $ (64,082.17) Total Tons 4,001.81 Recyclable Revenues Net Processing Fees $ (16.01) Floor Pricing S (25 00) Floor Pricing Applicable No Recyclable Revenues Net Processing Fees After Floor Pricing $ (64,082.17) Recyclable Revenues to City(Yes/No) No Recyclable Revenue Share to City 80% NA Total Tons 4,001,81 Education Credit $ 2.00 $ 8,003.62 Residue Tons 1,044.87 Disposal and Transportation Fee $ (10 00) $ (10,448.70) Unaccepted Load Tons Not Disposed at City Landfill S 1 Unaccepted Load Disposal Fee $ (40.00) $ Unaccepted Load Tons $ Unaccepted Load Management Fee $ (10 00) $ Total Due(positive=Check to CFW,Negative=Check from CFW) $ (66,527.25) Notes: 1.City does not pay Unaccepted Load Disposal Fee for tons disposed at City Landfill.City to enter SS Rejected Unacceptable Loads tons(Cell F7)subject to Unaccepted Load Disposal Fee. Exhibit C.2-Processing Fee and Revenue Share Schedule City of Fort Worth Example of Revenue Share Note RECEIPTS: Supplier# Commodity# Com.Descr Tons SS Curbside Loose SS Rejected Unacceptable Loads - Total Tons Received 4,001.81 PROCESSING FEE: Total Pocemed Tons 4,001.81 Per ton Processing Fee Total Processing Fees $ 336,152.04 Commodity Component% Tons $/Ton Revenue Total$ ONP(News) 15.33% 613.48 $110.00 $ 67,482.80 PET 3.66% 146.47 $520.00 $ 76,164.40 HDPE Colored 1.10% 44.02 $490.00 $ 21,569.80 HDPE Natural 1.02% 40.82 $710.00 $ 28,982.20 Aluminum 0.69% 27.61 $1.600.00 $ 44,176.00 Steel 1.78% 71.23 $120.00 $ 8,547.60 Crushed Glass 26.36% 1,054.88 $2.03 $ 2,141.41 Mixed Plastic 1.20% 48.02 $40.00 $ 1,920.80 Other Mix Paper 13.75% 550.25 $60.00 $ 33,015.00 OCC 9.00°/ 360.16 $170.00 $ 61,227.20 Residue and Contamination 26.11% 1,044.87 $ Total Processed 100.00% 4,001.81 $ 345,227.21 Total Recyclable Revenues $ 345,227.21 Total Processing Fees $ (336,152.04) Recyclable Revenues Net Processing Fees $ 9,075.17 Total Tons 4,001.81 Recyclable Revenues Net Processing Fees $ 2.27 Floor Pricing S (25 00) Floor Pricing Applicable No Recyclable Revenues Net Processing Fees After Floor Pricing $ 9,075.17 Recyclable Revenues to City(Yes/No) Yes Recyclable Revenue Share to City 80% $ 7,260.14 Total Tons 4,001.81 Education Credit $ 2.00 $ 8,003.62 Residue Tons 1,044.87 Disposal and Transportation Fee $ (10.00) $ (10,448.70) Unaccepted Load Tons Not Disposed at City Landfill 1 Unaccepted Load Disposal Fee $ (40.00) $ Unaccepted Load Tons $ Unaccepted Load Management Fee $ (10 00) $ Total Due(positive=Check to CFW,Negative=Check from CFW) $ 4,815.06 Notes: 1.City does not pay Unaccepted Load Disposal Fee for tons disposed at City Landfill.City to enter SS Rejected Unacceptable Loads tons(Cell F7)subject to Unaccepted Load Disposal Fee. Exhibit C.3-Processing Fee and Revenue Share Schedule City of Fort Worth Example of Floor Pricing Note RECEIPTS: Supplier# Commodity# Com.Descr Tons SS Curbside Loose SS Rejected Unacceptable Loads - Total Tons Received 4,001.81 PROCESSING FEE: Total Processed Tons 4,001.81 Per ton Processing Fee $ (84,00) Total Processing Fees $ (336,152.04) Commodity Component% Tons $/Ton Revenue Total$ ONP(News) 15.33% 613.48 $54.00 $ 33,127.92 PET 3.66°% 146.47 $201.21 $ 29,471.23 HDPE Colored 1.10°% 44.02 $202.94 $ 8,933.42 HDPE Natural 1.02°% 40.82 $500.00 $ 20,410.00 Aluminum 0.69°% 27.61 $1.090.83 $ 30,117.82 Steel 1.78% 71.23 $80.40 $ 5,726.89 Crushed Glass 26.36°% 1,054.88 $1.00 $ 1,054.88 Mixed Plastic 1.20% 48.02 $15.00 $ 720.30 Other Mix Paper 13.75°% 550.25 $30.00 $ 16,507.50 OCC 9.00% 360.16 $120.00 $ 43,219.20 Residue and Contamination 26.11% 1,044.87 $ - Total Processed 100.00°% 4,001.81 $ 189,289.16 Total Recyclable Revenues $ 189,289.16 Total Processing Fees $ (336,152.04) Recyclable Revenues Net Processing Fees $ (146,862.88) Total Tons 4,001.81 Recyclable Revenues Net Processing Fees $ (36.70) Floor Pricing $ (25.00 Floor Pricing Applicable Yes Recyclable Revenues Net Processing Fees After Floor Pricing $ (100,045.25) Recyclable Revenues to City(Yes/No) No Recyclable Revenue Share to City 80% NA Total Tons 4,001.81 Education Credit $ 2.00 $ 8,003.62 Residue Tons 1,044.87 Disposal and Transportation Fee $ (10 00) $ (10,448.70) Unaccepted Load Tons Not Disposed at City Landfill 1 Unaccepted Load Disposal Fee $ (40.00) $ Unaccepted Load Tons $ Unaccepted Load Management Fee $ (10.00) $ Total Due(positive=Check to CFW;Negative=Check from CFW) $ (102,490.33) Notes: 1.City does not pay Unaccepted Load Disposal Fee for tons disposed at City Landfill.City to enter SS Rejected Unacceptable Loads tons(Cell F7)subject to Unaccepted Load Disposal Fee. EXHIBIT D PARENT GUARANTEE Contract for the Processing of Recycling Materials between the City of Fort Worth and Allied Waste Services-Finalv2031718 45 GUARANTY THIS GUARANTY is made and entered into as of April 1. 2018, by Republic Services. Inc., a(n) Delaware corporation ("Guarantor'), in favor of the City- of Fort Worth. a(n) home rule municipal corporation in Tarrant, Denton, Parker and Wise Counties, Texas (the "Guaranteed Partv' ). Recitals A. Allied Waste Services of Fort Worth, LLC. a(n) Texas corporation (`'Subsidiary"), and the Guaranteed Party are parties to that certain CONTRACT FOR THE PROCESSING OF RECYCLABLE MATERIALS AND RESOURCE, RECOVERY SERVICES_dated as of April 1. 2018 (the"Agreement"'). B. As an inducement to the Guaranteed Party to enter into the Agreement, Guarantor has agreed to guarantee the perfonnance of Subsidiary's obligations under the Agreement. In consideration of the foregoing and other good and valuable consideration_ the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Guaranty. Guarantor irrevocably and unconditionally guarantees to the Guaranteed Party the due and punctual performance of each obligation of Subsidiary contained in the Agreement in accordance with its terms and conditions. Guarantor agrees that if Subsidiary shall fail to perform any of its obligations under the Agreement when due in accordance with the terms of the Agreement, it shall, upon demand made by the Guaranteed Party. immediately perform the obligation. to the extent that such performance is required to be made or performed by Subsidiary. Notwithstanding anything to the contrary contained in this Guaranty, this Guaranty pertains only to those obligations owed by Subsidiary under the Agreement, and shall in no way alter or expand any obligation owing under the Agreement or diminish any defense available to Subsidiary under the Agreement. This Guaranty in no way alters the respective obligations, rights, defenses, setoffs. counterclaims, or privileges of the parties to the Agreement, all of which shall be equally available to Guarantor as to Subsidiary in the event the Guaranteed Party makes a claim under this Guaranty. The Guaranteed Party, however. may commence any action or proceeding based upon this Guaranty directly against Guarantor without making Subsidiary a party defendant in such action or proceeding and it shall not be necessary for the Guaranteed Party to bring any action or proceeding first against Subsidiary to recover from the Guarantor. Guarantor agrees that the obligations of Guarantor pursuant to this Guaranty shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by any of the following(whether or not Guarantor shall have any knowledge thereof): (a) any termination, amendment. modification or other change in the Agreement: (b) any failure, omission or delay on the part of Subsidiary. Guarantor, any or any other guarantor of Subsidiary's obligations to conform or comply with any term of the Agreement: (c) any waiver, compromise, release, settlement or extension of time of performance or observance of any of the obligations or agreements contained in the Agreement, (d) any dissolution of Guarantor or any voluntary or involuntary bankruptcy, insolvency, reorganization, arrangement, readjustment, assignment for the benefit of creditors. composition, receivership. liquidation, marshalling of assets and liabilities or similar events or proceedings with respect to Subsidiary, Guarantor or any other guarantor of Subsidiary's obligations, as applicable, or any of their respective propertyorcreditors, or any action taken by any trustee or receiver or by any court in any such proceeding; (e) any merger or consolidation of Subsidiary.Guarantor or any other guarantor of Subsidiary's obligations into or with any person, or any sale. lease or transfer of any of the assets of Subsidiary, Guarantor or any other guarantor of Subsidiary's obligations to any other person: or (f) any change in the ownership of the capital stock of Subsidiary. Guarantor or any other guarantor of Subsidiary's obligations or any change in the relationship between Subsidiary, Guarantor or any other guarantor of Subsidiary's obligations.or any termination of any such relationship. 2. Representations and Warranties. Guarantor represents and warrants to the Guaranteed Party that this Guaranty has been duly executed and delivered by Guarantor and constitutes the legal, valid and binding obligation of Guarantor, enforceable against Guarantor in accordance with its terms. 3. Miscellaneous (a) Governing Law. This Guaranty shall be governed by and construed in accordance with the laws of the State of Texas without reference to the choice of law principles thereof. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the state or federal courts of the State of Texas (b) No Third Party Benefits. Nothing in this Guaranty is intended, and it shall not be construed, to confer any rights or benefits upon any person other than the Guaranteed Party and no other third party shall have any rights or remedies hereunder. (c) Notices. All notices and other communications to Guarantor under this Guaranty shall be sufficiently given for all purposes hereunder if in writing and: (i) delivered personally: or(ii) sent by documented overnight delivery service, in each case,to the following: -2- Republic Services, Inc. 18500 North Allied Way Phoenix,AZ 85054 Attn: General Counsel or to such other address and/or to the attention of such other person as Guarantor may designate by written notice to the Guaranteed Party. (d) Binding Effect, Assignment. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that no party hereto may assign its rights or delegate its obligations under this Guaranty without the express written consent of the other party hereto. (e) Headings. The headings contained in this Guaranty are inserted for convenience only and will not affect the meaning or interpretation of this Guaranty. (f) Amendment, No Waiver. This Guaranty may not be modified or amended except by an instrument in writing signed by the party against whom enforcement of any such modification or amendment is sought. Any party hereto may, only by an instrument in writing. waive compliance by the other party hereto with any term or provision of this Guaranty. The waiver by any party hereto of a breach of any tenn or provision of this Guaranty shall not be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the date first above written. Bv: Name: Calvin R. Boyd Its: Assistant Treasurer City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/20/2018 DATE: Tuesday, March 20, 2018 REFERENCE NO.: P-12174 LOG NAME: 13P18-0149 SINGLE STREAM RECYCLABLES SB CODE SUBJECT: Authorize Execution of an Agreement with Allied Waste Services of Fort Worth LLC d/b/a Republic Services of Fort Worth, for Single Stream Recyclables for an Initial Five-Year Term with Two Additional Five Year Renewal Options for the Code Compliance Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a contract for Single Stream Recyclable Services with Allied Waste Services of Fort Worth, LLC d/b/a Republic Service of Fort Worth, to begin April 1, 2018, and expire March 31, 2023, with two additional five year renewal options for an estimated annual cost of $4,345,488.00. DISCUSSION: Although Solid Waste services are exempt for the usual procurement requirement of Chapter 252 of the Local Government Code, the Code Compliance Department requested assistance from the Purchasing Department to procure a new contract for the processing of Single Stream Recyclables for the City of Fort Worth. The Purchasing Department issued a Request for Proposal (RFP) for the processing of Single Stream Recyclables on October 4, 2017 and opened on November 9, 2017. The RFP was advertised in the Fort Worth Star-Telegram on October 4th, 11th, 18th and 25th, 2017 and on November 1st and 8th, 2017. Eighteen vendors were sent the solicitation and the city received three responses. In order to correct an error, the Purchasing Division issued a second Request for Proposals for the processing of Single Stream Recyclables. The second RFP was advertised in the Fort Worth Star-Telegram on February 2nd, 7th and 14th, 2018. The solicitation was sent to the three vendors who responded to the first RFP and the same three vendors responded to the second. The proposals were reviewed by an evaluation committee consisting of Staff from Code Compliance, Planning and Development, the City Attorney's Office and the consultant hired to facilitate this process, Burns & McDonnell (CSO Contract No. 45833, as amended). The committee collectively concluded that Allied Waste Services of Fort Worth, LLC, presented the best value to the City, therefore, Staff and the consultant recommend awarding the contract for the processing of Single Stream Recyclables to Allied Waste Services of Fort Worth, LLC, provided mutual terms and conditions are negotiated and agreed to by the parties. The proposed terms of the contract are as follows: • Start date April 1, 2018, expiration March 31, 2023, with two additional five year renewal options. • Processing fees of$84.00 per ton, with the estimated annual cost of$4,345,488.00 based on 51,732 annual recycling tons reported in the RFPs. • The City will receive (80 percent) of the revenues realized from the sale of the recyclables. • The processing fees owed will be offset by rebated revenues realized from the sale of the recyclables. However, due to the uncertainty of recyclable materials commodity market values caused by changes in export demand, foreign regulations, recovered material grade specifications, and other factors, the total projected revenue stream from the sale of the recyclables is estimated to range from a minimum of$3,611,845.00 to a maximum of$5,197,533.00 annually with an average revenue stream of$4,404,689.00 annually based on utilizing the past five year historical low, http://apps.cfwnet.org/ecouncil/printmc.asp?id=25728&print=true&DoeType=Print 3/28/2018 average and high weighted market recyclable commodity values. . The City will provide a Disposal Allowance per ton of residue and contamination disposed at its Southeast Landfill. . The City will pay a Disposal and Transportation fee of$10 per ton of residue and contamination in addition to the processing fee. . Republic will pay City a $2.00 per ton of recyclables received for a public education on recycling. It is anticipated that the contract revenues will exceed fees and provide the City with an estimated positive cash flow on this contract of approximately $481,417.00 under high recyclable materials market commodity conditions. Under low and average recyclable materials market commodity conditions, it is anticipated the contract revenues will not exceed the fees and will generate an estimated net cost to the City of approximately $933,862.00 (low recyclable market) or$152,859.00 (average recyclable market), respectfully.ln comparing the second best proposal and utilizing the average recyclable materials market commodity conditions, that proposal would increase the annual cost from $152,859.00 to $843,208.00 or an additional $690,349.00 over Republic's proposal. Additional financial evaluation has been provided by Burns & McDonnell within the attached memorandum. PRICE ANALYSIS - Code Compliance Department staff has reviewed the proposals and determined the firm to have the financial and bonding capacity to provide the services and the prices to be fair and reasonable for the industry. M/WBE OFFICE -Allied Waste Services of Fort Worth, LLC d/b/a Republic Services of Fort Worth is in compliance with the City's Business Diversity Ordinance by documenting good faith effort. The City's M/WBE goal on this project is 15 percent. AGREEMENT TERM - Upon City Council approval, the Agreements shall commence on April 1, 2018 shall expire on March 31, 2023. RENEWAL OPTIONS-This Agreement may be renewed for two additional five-year term by mutual Agreement of the parties. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available within the current operating budget, as appropriated, of the Solid Waste Fund. Prior to an expense being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\18-0149\SB FUND IDENTIFIERS (FIDS): TO _ _ _ Fund Department ccoun Project Program ctivity_ Budget_ Reference # moun IDW ID Year Chartfield 2 FROM _ _ Fund Department ccoun Project Program ctivity Budget Reference # moun �D ID�� Year Z (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aaron Bovos (8517) http://apps.cfwnet.org/ecouncil/printmc.asp?id=25728&print=true&DocType=Print 3/28/2018 Cynthia B. Garcia (8525) Additional Information Contact: Sheila Baker (8356) ATTACHMENTS 1. 18-0149 MATRIX .pdf (CFW Internal) 2. BURNS MCDONNELL MEMO RFP-18-0149.pdf (CFW Internal) 3. Form 1295 Certificate RFP 18 0149 MRF .pd f (Public) 4. GOAL 18-0149.pdf (CFW Internal) 5. SAMS 03-13-2018.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=25728&print=true&DocType=Print 3/28/2018 T_ I a )� CERTIFICATE OF INTERESTED PARTIES FORM 3.295 loll Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2.3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-325092 Allied Waste Services of Fort Worth, LLC dba Republic Services of Fort Worth Fort Worth, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/12/2018 being filed. City of Fort Worth Date Ackn ledged: / 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 18-00149 Single-Stream Program Recyclable Material Processing and Resource Recovery Nature of interest 4 Nance of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. x 6 UNSWORN DECLARATION f.1y narne is ani,my date of birtn is My address is at•ert°, {.:tyi t=s�h•� i�N coa?) (court^fir I declare under penalty of perjury that the foregoc,g is troy,and correct. F ,( �i County. State of � � t/-{� � _ n the � � day of t y_S 11t��` G0 b661910£I at�1DloN ;ro°r ) year ..r„ �'s io GIOZ-Zr•EOse11dta u.u,o� !la sexe o = \ ales 'o,,, a:e'cr NOSHJIO " 011Signature r1red agent tit contrarting business entity Oil iDec a•ann Forms provided by Texas Ethics Commission vti'.^rd.ethics.state.tx.us Version V1.0.5523