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HomeMy WebLinkAboutContract 35505 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § COUNTY OF TARRANT § CONTRACT FOR COLLECTION AND RECYCLING OF MIXED OFFICE PAPER FROM CITY FACILITIES THIS CONTRACT is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation in Tarrant County, Texas, acting herein by and through Libby Watson, its duly authorized Assistant City Manager, hereinafter called "City", and Mid-America. Recycling Company, a Delaware corporation located at 2742 E. Market Street, Des Moines, Iowa, doing business in Texas as Vista Fibers of Fort Worth, acting herein by and through Roy Dooley, its duly authorized General Manager and Brian Meng, its duly authorized President, hereinafter called"Contractor." THIS CONTRACT shall be for the collection and recycling of Mixed Office Paper,hereinafter Paper,from City facilities as identified in Attachment B. KNOW ALL BY THESE PRESENTS: 1. DEFINITIONS In this Contract,the following words and phrases shall be defined as follows; Affiliate shall mean any parent,subsidiary,or any other entity controlling, controlled by,or under common control of Contractor. 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. Collection Services shall mean removal of Mixed Office Paper from the City's facilities as described in Attachment A for transport elsewhere, or cause such to be done for the purposes of being recycled and not deposited into a landfill. Contract shall mean this document and the Contractor's response to the RFP and all Attachments to this document. Should there be any inconsistency between the terms of the Contract and the Response to the RFP,the Contract terms shall prevail. CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 1 Fly +n n r 9 ' Contractor shall mean Mid America Recycling Company d/b/a Vista Fibers of Fort Worth. DEM shall mean the City's Department of Environmental Management. Director shall mean the Director of DEM the Director's designated representative. ISRI shall mean Institute of Scrap Recycling Industries. Paper shall mean mixed paper as described in the ISRI Scrap Specifications Circular and shall include cardboard. 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. Recyclables shall mean 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. However, Recyclables may become Solid Waste at such time, if any; as it is abandoned or disposed of rather than recycled, whereupon it will be Solid Waste with respect only to the party actually abandoning or disposing of the material. Cart shall mean a leak-proof container with attached lid and wheels that will allow the collection of Recyclables and their residue provided for by the City. RFP shall mean the Request for Proposals Project: DEM07-02:1HR and all ancillary documents of the RFP and Contractor's proposal. Ton shall mean a short ton of 2000 pounds. 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 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: CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02,07v5 2 (1) insolvency or inability to pay any amount; (2) inability to obtain any letter of credit, surety bond, payment or any other security required by this Contract; (3) a public or private labor dispute relating to the collection, transportation, processing or disposal of Recyclables, including a dispute related to Contractor's labor force. Yellowsheet shall mean the Official Board Markets (OBM), a weekly publication that contains the"Transacted paper stock prices",on which fiber revenue is based. 2. SCOPE OF CONTRACTOR'S SERVICES Contractor hereby covenants and agrees to diligently and faithfully perform the services listed below (hereinafter "Collection Services"). These Collection Services shall include the fiunishing of all labor, tools, equipment, materials, insurance, supervision and all other items necessary to the performance of such work and services. A. Collection Services 1. Collect and recycle Paper in various City buildings at the most cost-effective method possible and provide a revenue stream to the City that is indexed to the 2nd issue of the current month OBM Yellowsheet for the Southwest USA Area. 2. Provide collection and recycling of Paper from City-provided Ninety-Six (96) gallon Carts at various locations in City buildings as described in Attachment A beginning July 1,2007. The Contractor must empty or swap out the Carts and return the Carts to the specified storage area on the same day as directed by the Director. 3. Provide additional collection services as deemed necessary by the Director such as collections for file clean outs, the annual book sale and the annual telephone book recycling program,"Project ReDirectory". 4. Include additional City locations as deemed necessary by the Director. 5. Provide monthly accountability of Tonnage collected to the Director or his representative by email in Excel format within fifteen (15) calendar days of the following month for the previous month's service. Proper weight documentation must accompany the hard copy of the monthly report. A single page letter prepared on the Contractor's letterhead must also accompany the monthly report documenting that all materials collected were transported to a state approved recycling facility. 6. The Contractor shall provide invoices and/or revenue statements within fifteen (15) calendar days of the close of the month. Payment from or to the Contractor shall be made within thirty(30)days of the invoice or report. 7. Coordinate with the Director or his Representative for the efficient performance of this Contract. CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07vS 3 B.Designated Service Area All collections under the terms of this Contract shall be as shown in Attachment B. The designated service area may be enlarged from time-to-time by the Director. 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. Notify the Contractor of Carts to be added or dropped from the Contractor's services or a change in service and perform any/all Cart maintenance at the City's designated facility. B. Timely review and respond, if necessary,to reports submitted by Contractor. C. Make timely payments per Section 2(A)(7) after review and approval of invoices submitted by the Contractor. D. Monitor the personnel standards as described in the terms of this Contract. E. Provide educational material as determined by the Director to the City's employees to educate employees on the proper way to set out Recyclables for collection under the terms of this Contract. F. Work cooperatively with Contractor to resolve customer service issues. G. Review and approve any change to service dates. 4. TERM The term of the Contract shall be for a period of three (3) years commencing on the date this Contract is signed by both parties. City shall have the right to extend this Contract for up to two (2) consecutive three (3) year renewal terms, provided City and Contractor agree to extend this Contract in writing at least thirty (34) days prior to the end of the initial term or the then current renewal term. All renewals 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 IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 4 5. PAYMENT For and in consideration of the Collection Services performed in accordance with this Contract, City agrees to pay Contractor as follows: A. The collection cost per Ton of Paper collected by the Contractor shall be Fifty-Five Dollars ($55.00). B. The City shall receive a revenue share (rebate rate) for each Ton of Paper collected by the Contractor based on the Hi-SW current month issue of the Yellowsheet 2nd issue for Mixed Paper. On a monthly basis, the Contactor shall deduct the collection cost from any revenue due the City and remit or invoice the City for the difference as provided for in this Contract. Example with rebate due City: Total Tons Collected 70.5 Mixed Paper assumed rebate rate($60.00/Ton): $60.00 x 70.5 Tons=$4,230.00 (minus) Cost for Collection&Processing.- $55.00 x 70.5 Tons=$3,877.50 Total Rebate due City of Fort Worth $ 352.50 Example with payment due Contractor: Total Tons Collected 70.5 Mixed Paper assumed rebate rate($30.00/Ton): $30.00 x 70.5 Tons =$2,115.00 (minus) Cost for Collection&Processing: $55.00 x 70.5 Tons =$3,877.50 Total Collection Fee Due Contractor: $1,762.50 C. Pursuant to this Contract,the not-to-exceed amount for the payments as outlined in subsection B.above, shall be Thirty Thousand Dollars($30,000.00)per year. D. Payment shall be made to the Contractor within thirty (30) days from receipt and approval by the City of the Contractor's final monthly statement of services provided and Contractor's invoices as provided herein. E. All hourly rates and all daily rates shall be adjusted beginning on October 1, 2007 and annually thereafter at the end of each contract year during the term of this Contract, in the manner as reflected in the adjustment schedule included in this Contract as Attachment B. Contractor shall submit documentation of the payment adjustment criteria to the City along with its annual request for the rate adjustment. CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 5 6. SERVICE SCHEDULE AND HOLIDAYS A. The collection of Paper from City buildings shall occur at each facility listed in Attachment B throughout the term of this Contract. The collection for these facilities shall be fixed according to a schedule which shall be filed with the Director and updated as necessary. B. The following Days shall be observed as holidays: New Year's Day, Thanksgiving Day and the Friday following Thanksgiving Day, and Christmas Day. If a collection falls on one of these days, service must be provided the following workday, or as otherwise agreed upon by the Director. These holidays may be changed upon the determination of the Director. Collection shall be provided every scheduled Day, including bad weather days,unless the Director informs Contractor of a suspension of service. 7. PERSONNEL STANDARDS A. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical and other personnel as may be necessary to provide the services required in a safe, economical and efficient manner. All drivers shall be trained and qualified in the operation of waste collection Vehicles and must have in effect a valid commercial drivers license,of the appropriate class,issued by the Texas Department of Public Safety. B. Contractor shall provide suitable operational and safety training for all of its employees who utilize or operate Vehicles or equipment for collection of materials under the Contract. Contractor shall train its employees in Solid Waste collection to identify, and use reasonable effort not to collect Hazardous Waste or infectious Medical 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 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, and shall instruct collection crews to perform the work as quietly as possible. 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 entailing contact with the public while Contractor is pursuing its investigation and corrective action process. 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 CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 6 from the City, or to follow up on problems and inspect Contractor's operations. F. All employees of the Contractor performing work under the Contract shall be uniformed, showing their association with the Contractor while operating in the field. Contractor shall provide a list of current employees, contractors and subcontractors to City upon request. 8. MWBE REQUIREMENTS MWBE participation has been waived for this Contract. 9. EVENTS OF DEFAULT BY CONTRACTOR A. The following shall constitute events of default on the part of the Contractor except to the extent caused by the occurrence of an Uncontrollable Circumstance or City's fault unless otherwise specified herein: 1. Failure by the Contractor to perform any Material Obligation of Contractor 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 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(provided, if such failure is of a nature that it cannot be cured within such fifteen(15)day period,Contractor shall not be in default if Contractor commences the curing of such failure within such fifteen(15)day period,and diligently pursues the curing thereof and both City and Contractor agree that the failure cannot be cured in fifteen(15)Days); 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 Governmental Body or against the Contractor, if the Contractor does not take the appropriate action to dismiss said proceedings;which proceedings have not been dismissed within ninety(90)Days of the institution of such proceedings;or any action or answer by the Contractor approving,consenting to,or acquiescing in, any such proceedings;or the event of any distress, execution,or attachment upon the property of the Contractor which shall substantially interfere with its performance hereunder;or CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02A7v5 7 3. The following acts or omissions by the Contractor shall constitute failure to perform a Material Obligation of Contractor under this Contract: a. Failure of Contractor to commence work operations within the time specified in the Contract. b. Failure of Contractor to provide and maintain sufficient labor,Vehicles and equipment or licenses,permits and necessary approvals from City or a third party to properly and legally execute the working operations. c. Evidence that Contractor has abandoned the work. d. Evidence that Paper was deposited at a landfill instead of being recycled. e. Evidence that Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of Contractor to comply with any material requirements of the Contract such as failure to maintain insurance or the Performance Bond or to comply with any of the Director of Environmental Management's material requirements which are provided for in this Contract. g. Indication that the Contractor has made an unauthorized assignment of the Contract or any funds due thereof for the benefit of any creditor or for any other purpose. h. Failure to supply complete and accurate information as required in this Contract. i. Failure to indemnify the City as required herein. j. Falsifying records or reports to the City, State or Federal governments. k. Failure to comply with Applicable Law that affects Contractor's ability to perform this Contract as reasonably determined by the Director. 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 of an event of default set forth in Section 14.A above, Contractor shall acknowledge receipt of such notice by telephone, facsimile, or email within four (4) hours. Contractor shall provide the City with verbal notice of what corrective action has or shall be taken by the Contractor and shall follow up with written notice describing the same along with any additional relevant information, within forty-eight (48) hours. Failure to provide CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 8 M M acknowledgement of receipt of notice, or plan of corrective action, within the above mentioned time period(s)shall constitute an event of default by the Contractor. 10. 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 unless otherwise specified herein: 1.A failure by City to timely perform any Material Obligation as specified in the City Scope of Services in Section 3 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 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 proceedings have not been dismissed within ninety(90)Days of the institution of such proceedings; or any action or answer by City,approving of,consenting to,or acquiescing in,any such proceedings;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 action has or shall be taken by the City, within a reasonable time, in light of the circumstances. Failure to promptly provide acknowledgement of receipt of notice, or notice of planned corrective action, shall constitute an event of default by the City. 11. COMPLAINTS AND NON-PERFORMANCE A. All service complaints received shall be directed to Contractor and Contractor shall take steps for the compliant to be resolved (or resolution initiated) within twenty-four (24) hours, excluding non-working days and hours. When a complaint is received on the day preceding a holiday or a weekend, it shall be promptly serviced on the next calendar day. CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 9 B. The Director shall notify Contractor of each complaint reported to the City throughout each day. It shall be the duty of Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify the Director of its disposition within twenty-four(24)hours after receipt of the complaint by Contractor. C. Contractor shall provide the Director with a full explanation of the disposition of any complaint involving a claim of damage to City property or personal injury as the result of actions of Contractor's employees, agents, or subcontractors as soon as possible, with additional information provided as requested by the Director and shall also include such information in the monthly report to the City. 12. 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. Uncontrollable Circumstance affecting Ci 's Obligations. City 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. City 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. C. 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): 1. a description of the Uncontrollable Circumstance that has occurred;and 2. the effect, if any, of such Uncontrollable Circumstance on Contractor's performance or other obligations under this Contract. CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 10 D. Reinstatement of Ability to Perform. After the resolution of an Uncontrollable Circumstance and the restoration of Collection Services, the Contractor shall provide written notice of a reinstatement of Collection Services. The City shall reinstate the Collection Services (or shall cause reinstatement of)unless this Contract shall have been previously terminated as provided herein. E. Uncontrollable Circumstance. Neither Contractor nor the City shall be liable for the failure to perform their duties nor for any resultant damage, or loss, if such failure is caused by Uncontrollable Circumstances. If such Uncontrollable Circumstances persists for more than fifteen(15) calendar days, or if after its [their] cessation, the Contractor is unable to render full or substantial performance for a period of fifteen(15)calendar days,the City may terminate this Contract by giving Contractor ten(10)calendar days advance written notice. 13. TERMINATION All work and services of this Contract may be suspended on written order of the Director of Environmental Management or the City Manager, or the Contract may be declared terminated by the City Council for any event of default by Contractor or Contractor's failure to perform a Material Obligation of this Contract;provided,the City has provided Contractor written notice of such action or inaction constituting grounds for such suspension or termination, and (ii) Contractor fails to cure such alleged action or inaction within five (5) calendar days of Contractor's receipt of such notice. If such event of default is of a nature that it cannot be cured within such five(5)calendar 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 five(5) calendar day period and diligently pursues the curing thereafter,as determined by the Director. A copy of any 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 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 five (5) Days 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 CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 11 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. 14. 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, employees, contractors and subcontractors; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents,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. 15. INDEMNIFICATION A. CONTRACTOR SHALL RELEASE,INDEMNIFY,REIMBURSE,DEFEND,AND HOLD HARMLESS,CITY,ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES,FROM 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. CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 12 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 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. 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. 16. 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: Contractor shall maintain,during the term of this Contract, Workers' Compensation Insurance at statutory limits on all of CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07YS 13 its employees to be engaged in work under this Contract, and for all subcontractors. Employer's Liability (EL) Insurance shall also be maintained, at minimum limits as follows: $100,000 disease each employee/per occurence/$500,000 disease policy limit and$100,000. each accident/occurrence. B. GENERAL LIABILITY INSURANCE (CGL): Contractor shall procure and shall maintain during the term of this Contract a Commercial General Liability Insurance Policy at a minimum limits as One Million Dollars($1,000,000)per occurrence. 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 One Million Dollars ($1,000,000) per accident combined single limit, Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person, $40,000 Bodily Injury each accident; $15,000 Property Damage each accident. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 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 volunteers shall be named as Loss Payee and as additional insured as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth." Exception...the additional insured requirement does not apply to Workers' Compensation policies. 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. 3. Prior to commencing work under this Contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 4. Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non renewed, until after forty-five (45) days prior written notice has been given to the City of Fort Worth." Note: Written notice can be by Contractor or insurance company. CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07,02.07v5 14 5. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. 6. The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also approved by the City's Risk Manager. 7. Wavier of rights of recovery(subrogation)in favor of the City of Fort Worth. 8. Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Contractor. 9. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow the form of the primary coverage. 10.Unless otherwise stated, all required insurance shall be written on the occurrence basis. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 11.The City,at its sole discretion,reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law,court decision or the claims history of the industry as well as of the contracting party to the City. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party. The contracting party will have ninety (90) days from the date of notice to comply with the additional requirements 12. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 15 ..�__._. •` a�,� � '`.t 17. LICENSES.PERMITS AND FEES Contractor agrees to obtain and pay for all licenses, permits, certificates, inspections and all 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 collection and removal of Mixed Office Paper and its residuals. 18. 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 collection, recycling and transport of Paper 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. 19. CUMULATIVE REMEDIES The rights and remedies granted in this Contract 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. 20. REMEDIES FOR BREACH The parties agree that, except as otherwise provided herein 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 unless otherwise stated herein. 21. 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 IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 16 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 Contractor. 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 frill force and effect with respect to any other then existing or subsequent breach thereof. This Contract may be terminated only by a written instrument of termination executed by the appropriate party and delivered to the non-terminating party (except by expiration of the term of this Contract). 22. 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 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. 23. 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. 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. 24. 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 Body 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 CONTRACT FOR IN ROUSE COLLECTION SERVICES CRL 07.02.07v5 17 Circumstance, the Contractor may assert any rights it may have under this Contract as is permitted for any other Uncontrollable Circumstance. 25. COMPLIANCE WITH LAWS Contractor, its officers, agents, employees, contractors and subcontractors, shall abide by and comply with all Applicable Law, federal, state and local, including the City's charter and all ordinances, rules and regulations of the City of Fort Worth. 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. 26. 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. 27. 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 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 20 hereof. Consent will not be withheld unreasonably in the case of a proposed assignment to an Affiliate of Contractor, but may be withheld for any reason or for no reason in the case of a proposed assignment by Contractor to a non-Affiliate,provided that Contractor, Guarantor and surety shall not be released from their respective obligations hereunder. In the event of an assignment of any duty required under this Contract, Contractor and Guarantor shall assume responsibility for performance of that duty including all liabilities CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 18 pursuant to this Contract. 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. 28. 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. 29. NOTICES Any notices (unless otherwise specified herein), 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: Kim Mote,Assistant Director Solid Waste Services Division Department of Environmental Management City of Fort Worth 4100 Columbus Trail Fort Worth,Texas 76133 With a copy to City Attorney's Office 1000 Throckmorton Street Fort Worth,Texas 76102 If to the Contractor: General Manager Vista Fibers of Fort Worth 1100 N.E. 23rd Street Fort Worth,TX 76106 With a copy to President Mid-America Recycling Company 2742 E.Market Street Des Moines,Iowa 50317 CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 19 30. 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. 31. 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. 32. 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 32 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. 33. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Contract or any amendments or exhibits hereto. 34. NO THIRD-PARTY BENEFICIARIES This Contract shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Contract. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 20 35. NO JOINT VENTURE PARTNERSHIP AGENCY This Contract will not be construed in any form or manner to establish a partnership,joint venture or agency, express or implied, nor any employer-employee, borrowed servant or joint enterprise relationship by and among the parties. The City shall be an independent contractor and shall be responsible at all times for directing its employees in the course of their duties. Contractor shall be responsible at all times for directing Contractor's employees in the course of their duties. ITNESS WHEREOF, The parties hereto have executed this Contract this .—day of ,A.D.,2007,in Fort Worth,Tarrant County,Texas. CITY OF F RT WORTH,TEXAS MID AMERICA RECYCLING COMPANY D/B/A VISTA FIBER F FORT WORTH r Libby Watson Rovecal ooley Assistant City Manager Ge Manager,Vist ibers of Fort Worth Date Signed:_ �-y 3' Date Signed: - - Brian Meng President,Mid America Recycling Company Date Signed: 7-3 -<--'7 CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 1 [ � 2I Signature Page for in-House Contract-Page 2 ATTEST: COMPANY'S WITNESS: Marty Hendrix City Secretary APPROVED AS TO FORM CORPORATE SEAL: AND LEGALITY: Al QN6 ChristdIR.Lopez J Assistant City Attorney Contrac' uthor' zatiolk Data CONTRACT FOR IN HOUSE COLLECTION SERVICES CRL 07.02.07v5 22 N Attachment A Cost Adjustment Method The Rates for Collection, Transportation and Processing under this Contract with the City will be adjusted by the Contractor for the second and subsequent Contract Years of the Term of Contract. The Collection, Transportation and Processing Rates will be adjusted upward or downward annually each contract year to reflect changes in the cost of operations by the Cost Adjustment Method using indices applicable to Collection, Transportation and Processing and the methodology as set forth below. The first cost adjustment date shall be 10/01/2008, and the first Cost Adjustment shall represent changes in the indices applied herein for the previous fifteen months (calculated by using indices for the end of June in 2007 and the end of September in 2008). For the remaining years of the contract calculations, the cost adjustment percentage shall be calculated using the index numbers for the end of September of the current year minus the index number for the end of September from the previous year. All indices used represent either the Employment Cost Index (ECI) or components of the Producer Price Index (PPI), as published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS). Since some BLS data are not finalized for several months, cost adjustments will be applied when data is released and updated if necessary when numbers used are issued as final. If BLS changes the methodology for calculating ECI or components of the PPI, 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 five (5) percent per year and fifteen (15) percent in any four consecutive years. 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 Collection, Transportation and Processing Rates that will be charged by the Contractor. On the next billing date after the receipt and approval by the City of the comparative statement showing the calculated change to the Collection, Transportation and Processing Rates, 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 Collection, Transportation and Processing Rates 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. Any fixed pass-through or add-on surcharges or costs, such as State Fees on tonnage, host municipality benefit fees, or any other government mandated surcharge, shall not apply to the cost adjustment and will be deducted from the Collection, Transportation and Processing Rates prior to calculating any annual cost adjustment. 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 Collection, Transportation and Processing Rates 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, Transportation and Processing Employment Cost Index (50%) Contractor has designated 50% of Collection, Transportation and Processing Rates to be adjusted by the ECI, a BLS index separate from PPI. ECI data for "South" shall be used for the adjustment calculation. Diesel Fuel (50%) Contractor has designated 50% of Collection, Transportation and Processing Rates to be adjusted by the No. 2 Diesel Fuel component in the CPI, which is found under the CPI under series ID WPU05730302. Example Following is an example of the application of these indices for the first adjustment with Contractor's percentages for cost adjustment. In the example below, a factor of 2.844% would be applied to Contractor's base Collection, Transportation and Processing Rates to determine the Collection, Transportation and Processing Rates for the next Contract Year. %Applied to June September Cost INDEX WEIGHT 30,2007 30,2008 #Change: Change% Adjustment Employment Cost Index Table 7 South Region 50% 103.5 109.2 5.7 5.51% 2.754% Diesel Fuel (WPU05730302) 50%1 199.91 208.61 8.71 4.35%1 2.176% Composite Index Change: 100% 1 4.930% Cit;� of Fort Worth In-House Rarvt hz Contact List DEPARTMENT DIVISION NEW SERVICE DAYS BUILDING ADDRESS ZIP CODE Cart STAFF SERVICE #CARTS CONTACT PHONE ALTERNATE Location/Floor CONTACT(S) Aviation Meacham Airport 2ND TUESDAY EACH MEACHAM 4201 N Main 76106 20 monthly 1 Dennis Rotzoll 871-5405 George Steen MONTH AIRPORT St Ste 200 871-5401 or Paul Valadez 871-5411 City Manager's Office Administration EACH THURSDAY CITY HALL 1000 76102 3 24 weekly 1 Cheryl Smith 392-6109 Throckmorton St City Manager's Office Budget and Grants EACH THURSDAY CITY HALL 1000 76102 3 17 weekly 2 Enrique"Junior" 392-8500, Management Throckmorton Duran-Budget; 392-6357 St Carla Johnson- Grants City Managers Office Cable 2ND THURSDAY EACH 401 W 2nd St 76102 15 monthly 3 Jack McGee 871-6169 MONTH City Manager's Office City Council EACH THURSDAY CITY HALL 1000 76102 3 19 weekly 0 CeCe Thompson 392-6193 Throckmorton St City Manager's Office Mayor's Office EACH THURSDAY CITY HALL 1000 76102 3 9 weekly Vickijo Brozovic 392-6214 Throckmorton St City Manager's Office MBWE EACH THURSDAY CITY HALL 1000 76102 3 5 weekly 1 Melani Villrreal 3926104 Throckmorton St City Manager's Office Organizational EACH THURSDAY CITY HALL 908 Monroe St 76102 4 5 monthly 1 Aaron Cummins 392-8824 Analysis Unit ANNEX Suite 402 City Manager's Office Print Shop,Graphics EACH THURSDAY CITY HALL 1000 76102 lower level 19 weekly 3 Richard Head 392-8602 and Mailroom Throckmorton St City Secretary EACH THURSDAY CITY HALL 1000 76102 26 weekly 1 Ron Gonzales 392-6152 Throckmorton St Code Compliance Special Projects 1ST TUESDAY EACH 2205 West 76102 29 monthly 1 Esther Alvarado 392-6567 Division MONTH Broadway Code Compliance 1ST TUESDAY EACH CODE 715 Texas St 76102 15 monthly 2 Esther Alvarado 392-6567 MONTH COMPLIAN Community Relations Human Relations EACH THURSDAY CITY HALL 908 Monroe St 76102 5 16 monthly 2 Linda Bryant 392-8660 Virginia Meza, Commission ANNEX 817-392-7562 Community Relations Information Office EACH THURSDAY CITY HALL 1000 76102 1 5 weekly 1 Linda Bryant 392-8660 Throckmorton St Credit union Fort Worth City Credit 4TH TUESDAY EACH 2309 76107 35 monthly 2 Bill Gordon 377-7978 Union MONTH Montgomery St Development Administration EACH THURSDAY CITY HALL 1000 76102 91 weekly 4 Mary Zenteno 392-7820 Throckmorton St Development EACH THURSDAY CITY HALL 1000 76102 ground level weekly 1 Mary Zenteno 392-7820 Throckmorton St Page 1 of 6 City of Fort Worth in-House Recycle Contact List DEPARTMEN NEW SERVICE DAYS BUIk ,ADD S ZIP CODE Cart STAFF SERVICE #CARTS CONTACT PHONE ALTERNATE Location/Floor CONTACT(S) Economic 8 Community Administration, 1ST TUESDAY EACH GORDON 900 Monroe 76102 3 10 monthly 1 Bette Chapman 8716125 Development Community MONTH S SWIFT Suite 301 Development, Workforce Development Economic&Community FW Day Labor Center 1ST TUESDAY EACH FW DAY 2016 15th Ave 76102 1 3 monthly 2 Diane Salazar 871-8716 Development MONTH LABOR CENTER Engineering Real Property 1ST TUESDAY EACH GORDON 900 Monroe 76102 3 14 monthly 1 Jill Griffin 392-8538 Jill Griffin 392- MONTH S SWIFT Suite 301 8538 Engineering EACH THURSDAY CITY HALL 1000 76102 ground level, 8 weekly 1 Nikki McLeroy 392-8549 Dee Freeman Throckmorton SE corner 392-8882 St Engineering EACH THURSDAY CITY HALL 1000 76102 2 56 weekly 1 Nikki McLeroy 392-8549 Dee Freeman Throckmorton 392-8882 St Engineering 1ST TUESDAY EACH GORDON 900 Monroe St 76102 30 monthly 1 Dot Birdow 392-6055 MONTH S SWIFT Ste BLDG Engineering 1ST TUESDAY EACH Municipal 927 Taylor St. 76102 1 10 monthly 2 Robert Sauceda 392-2387 Jim Deeter 392- MONTH Parking 7803 Garage Environmental Management Administration EACH THURSDAY CITY HALL 908 Monroe St 76102 7 18 weekly 2 Ellen Schmitz 392-6301 ANNEX Environmental Management Solid Waste 3RD TUESDAY EACH SOUTHSID 4100 76133 27 monthly 5 Jocelyn Johnson 392-5161 Management MONTH E Columbus Tr SERVICE CENTER Environmental Management Water Quality 3RD TUESDAY EACH ERC 5000 MLK Fwy 76119 15 monthly 3 Vicki Stokes 5613704 MONTH Environmental Management 3RD TUESDAY EACH Spill 4200 South 76119 4 monthly 1 Mary Carpenter 392-5450 MONTH Warehouse Frwy Equipment Services Maintenance Shop 4TH TUESDAY EACH James 5021 James 76133 5 monthly 1 Pam Irwin 392-6771 MONTH Service Center Equipment Services Parts 4TH TUESDAY EACH James 5021 James 76133 6 monthly 1 Pam Irwin 392-6771 MONTH Service Center Equipment Services Tire Service Center 4TH TUESDAY EACH 2950 W Bolt St 76110 6 monthly 1 Roger Metcalf 922-3480 MONTH Equipment Services 2ND TUESDAY EACH Brennan 2500 Brennan 76106 Service Adviso 23 monthly 1 Kelly Hogan 871-6786 MONTH Service Ave Center Equipment Services 3RD TUESDAY EACH SOUTHSID 4100 76133 30 monthly 3 Nancy Cooper 871-5100 Darrell Gregory MONTH E Columbus Tr 871-5131 SERVICE nst Finance Administration EACH THURSDAY 0 76102 3 63 weekly 1 Andrea Dean 392-2435 Janet Craney ockmorton 392-8087 Page 2 of 6 City of Fort Worth In-House Recycle Contact List DEPARTMENT ESS ZIP CODE PHONE ALTERNATE Locati' Y"" CONTACT(S) Finance Purchasing EACH THURSDAY CITY HALL 1000 76102 lower level 13 weekly 1 Patty Wilson 392-8355 Throckmorton St Finance(This division is moving to Records Management EACH THURSDAY CITY HALL 1000 76102 4 weekly 1 Shane Tackett 392-8184 CMO) Throckmorton St Finance Risk Management EACH THURSDAY CITY HALL 1000 76102 3 5 monthly 1 Kellee Walker 392-8492 Throckmorton St Fire Administration 1ST TUESDAY EACH PUBLIC 1000 76102 3 35 monthly 3 Angie Warren 871-6872 MONTH SAFETY Throckmorton BLDG St Fire Bureau of Fire 1ST TUESDAY EACH PUBLIC 1000 76102 4 50 monthly 3 Jackie Olson,Capt. 392-6814, Prevention MONTH SAFETY Throckmorton Tom Lewis 392-6831 BLDG St Fire Communications& 4TH TUESDAY EACH 3000 W Bolt St 76110 1 floor only, 28 monthly 1 Cynthia Tyree 922-3022 Dispatch MONTH East side of bld . Fire(This division is moving to Emergency EACH THURSDAY CITY HALL 1000 76102 lower level 9 weekly 1 Thersea Alonso 392-6174 CMO) Management Throckmorton ("tunnel") St Fire Supply 4TH TUESDAY EACH 2900 W Bolt St 76110 6 monthly 1 Denise Jones 922-3498 MONTH Fire Training 2ND TUESDAY EACH 1000 Calvert 76107 20 monthly 3 Capt.Greg Yates 871-6813 or MONTH St 332-3561 Fire Vehicle 4TH TUESDAY EACH 2920 W Bolt St 76110 11 monthly 1 Josie Elizondo 922-3496 Services/Support MONTH Services/Equipment Shop/Maintenance Shop Housing Management and EACH THURSDAY CITY HALL 908 Monroe St 76102 3 22 monthly 1 Gracie Gonzalez 392-7538 Budget ANNEX Housing Management and EACH THURSDAY CITY HALL 908 Monroe St 76102 4 25 monthly 1 Gracie Gonzalez 392-7538 Budget ANNEX Human Resources Learning Services EACH THURSDAY CITY HALL 908 Monroe St 76102 6 10 monthly 1 Pete Nelson 392-7767 Division ANNEX Human Resources EACH THURSDAY CITY HALL 1000 76102 38 weekly 3 Pete Nelson 392-7767 Throckmorton St IT Communications Electronic 1ST TUESDAY EACH 1515 11th Ave 76102 38 monthly 4 Gary Smith 392-6049 Maintenance MONTH IT Solutions GIS EACH THURSDAY CITY HALL 1000 76102 74 weekly 1 Robin Britton 392-8861 Throckmorton St IT Solutions EACH THURSDAY CITY HALL 1000 76102 70 weekly 2 Larry Schuessler 392-8461 Throckmorton St Law EACH THURSDAY CITY HALL 1000 76102 3, NW corner 40 weekly 1 Robert Neefe 392-7623 Throckmorton St Page 3 of 6 City of Fort Worth In-House Rec cle Contact List art WO SERVICE Dan ZIP CODE loor STAFF NTACT PHONE ALTERNATE CONTACT(S) Library 3RD TUESDAY NOT EAST 4300 E Berry 76105 6 monthly 3 Linda Waggoner 817-536- 2ND TUESDAY EACH BERRY St 1945 MONTH BRANCH Library EACH THURSDAY CENTRAL 500 W 3rd St 76102 street Ivl: 124 weekly 5 Tessie Hutson 871-7706 LIBRARY garage; lower Ivl:automation area,clerical pool, Periodicals& Docs area,& freight elevator Municipal Courts 1ST TUESDAY EACH PUBLIC 1000 76102 ground, 1,2,4 155 monthly 6 Rose Herrera or 392-6711 or MONTH SAFETY Throckmorton Lonnie Munoz 6727 BLDG St Parks&Community Services Administration 3RD TUESDAY NOT TOWN 4200 S Fwy 76115 50 monthly 7 Marilyn Isaacs 871-5704 2ND TUESDAY EACH CENTER Ste 2200 MONTH MALL Parks&Community Services Forestry 3RD TUESDAY EACH TOWN 4200 S Fwy 76115 4 monthly 0 Marilyn Isaacs 871-5704 MONTH CENTER MALL Parks&Community Services Athletics 2ND TUESDAY EACH HAWS 600 Congress 76107 north gym closi 45 monthly 2 Gino Armendarez 871-7696 MONTH ATHLETIC CENTER Parks&Community Services 2ND TUESDAY EACH Southside 959 E 76104 30 monthly 2 Monique Hill 871-6605 MONTH Community Rosedale Center Planning Administration EACH THURSDAY CITY HALL 1000 76102 2, NW corner 23 weekly 2 Karen Gilmore 392-8001 Throckmorton St Police Administration bi-monthly: 1ST 350 W 76102 2 20 bi- 2 Nancy Labuy 392-4210 TUESDAY and 3RD Belknap monthly Ti jF=qnAY Police Auto Pound 2ND TUESDAY EACH 1301 E 76106 22 monthly 1 Salvatore Spinelli 871-5954 MONTH Northside Dr Police Communications 4TH TUESDAY EACH 3000 W Bolt St 76110 1 floor only 125 monthly 6 (Joy)Loree Miller 922-3200 MONTH Police Criminal Investigation bi-monthly: 1ST 350 W 76102 3 127 bi- 4 Phyliss Perez 392-4320 TUESDAY and 3RD Belknap monthly TUESDAY Police NPD#1 2ND TUESDAY EACH 500 E 1st St 76102 (Central 71 monthly 3 J.J.Wagner 871-6400 MONTH Business District Police NPD#11 3RD TUESDAY EACH 3525 Marquita 76116 80 monthly 4 Frances Ayala or 392-4729 or MONTH Ezette Pickens 392-4703 Police NPD#12 4TH TUESDAY EACH 2509 Merrick 76107 46 monthly 2 Terry McDonald 570-2200 or Police NPD#2 2ND TUESDAY EACH 3457 Decatur 76106 80 monthly 3 1 Laura Saldana 740-2100 MONTH I lAve Page 4 of 6 City of Fort ^north I^-!-louse Rec%,c!e Contact List `s, TAFF SERVICE #CARTS CONTACT PHONE ALTERNATE or CONTACT(S) Police NPD#3 3RD TUESDAY EACH 7451 N Beach 76106 55 monthly 2 John Farris 212-2875 Tamy Towns MONTH St 817-212-2875 Police NPD#4 3RD TUESDAY EACH 5924 Boca 76112 45 monthly 2 Ally Alvarez 451-2332 MONTH Raton Police NPD#5 3RD TUESDAY EACH 5650 E 76112 100 monthly 5 Casandra Smith 871-5204 MONTH Lancaster Police NPD#6,Traffic 2ND TUESDAY EACH 1100 Nashville 76105 1,2 200 monthly 11 Wanda Hudson 871-7103 Anita Ramirez, Division MONTH 871-7132 Police NPD#7, South 3RD TUESDAY EACH 4573 Village 76119 60 monthly 3 Jean Stokes 392-3651 Division MONTH Creek Police NPD#8,South 2ND TUESDAY EACH 1000 W 76104 68 monthly 3 Lt.Carpenter 871-8955 Brenda Division MONTH Magnolia McKenzie 871- 8885 Police South Division HQ 4TH TUESDAY EACH 3128 W Bolt St 76110 1 floor only 100 monthly 6 Julie White 922-3410 Sgt.Steven (NPD 9,CID, NPO MONTH Halfmann 922- Unit) 3400; Linda Sanderson 922- 3462 Police Training 2ND TUESDAY EACH 1000 Calvert 76107 30 monthly 3 Tami Wadlington 392-4142 MONTH St Police bi-monthly: 1ST 350 W 76102 Basement, 1, 440 bi- 14 Lt.Michael 392-8314 TUESDAY and 3RD Belknap 2,3,4 monthly McCowan TUESDAY Public Events 1ST TUESDAY EACH Convention 1201 Houston 76102 65 monthly 3 Marsha Anderson 817-392- MONTH Center 2537 Public Events 4TH TUESDAY EACH WILL 3401 W 76107 78 monthly 2 Char McMorrow 871-8110 April Lawson MONTH ROGERS Lancaster 817-392-8159 MEMORIAL CENTER Public Health 4TH TUESDAY EACH 1800 76107 100 monthly 10 Anthony Mosley, 871-7593 0 MONTH University Dr Bennie Mitchell 871-7274 Transportation and Public Works Administration EACH THURSDAY CITY HALL 1000 76102 42 weekly 1 Pam Forehand 392-7804 Throckmorton St Transportation and Public Works Facilities Maintanence 4TH TUESDAY EACH James St 5001 James St 76115 16 monthly 4 Patsy Lovell 392-8082 MONTH Service Center Transportation and Public Works Sign Shop 4TH TUESDAY EACH James St 5001 James St 76115 13 monthly 1 Lori Caram 392-8759 MONTH Service Center Transportation and Public Works Street Services 3RD TUESDAY EACH SOUTHSID 4100 76133 60 monthly 3 Terry Thomas 392-5193 MONTH E Columbus Tr SERVICE CENTER Transportation and Public Works Street Services 4TH TUESDAY EACH James St 5001 James St 76107 11 monthly 1 Laura Enrriquez 392-8982 Rudie Perez- Admininstration MONTH Service Beck 392-6698 Center Transportation and Public Works Street Sevices 2ND TUESDAY EACH Brennan 2500 Brennan 76106 60 monthly 1 rSullivan 871-7936 MONTH Service Ave Center Page 5 of 6 City of Fort Worth In-House Rec cle Contact List DEPARTMENT DIVISION NEW SERVICE DAYS BUILDING ADDRESS ZIP CODE Cart STAFF SERVICE #CARTS CONTACT PHONE ALTERNATE Location/Floor I CONTACT(S) Transportation and Public Works Traffic Engineering 1ST TUESDAY EACH Municipal 311 -319 W 76102 Ground Floor 42 monthly 2 Maria Lopez 392-6672 MONTH Parking 10th St (divided btw. Garage Municipal Courts& Transportation and Public Works Traffic Services& 4TH TUESDAY EACH James St 5001 James St 76115 20 monthly 1 Lori Caram 392-8759 Street Services- MONTH Service Supervisors& Center Assembly Area Transportation and Public Works Traffic Services 4TH TUESDAY EACH James St 5001 James St 76115 12 monthly 1 Lori Caram 392-8759 (ext.7738 if Lori Division MONTH Service is out) Center Transportation and Public Works Traffic Services 4TH TUESDAY EACH James St 5001 James St 76115 4 monthly 1 Lori Caram 392-8759 Gena Brown Warehouse MONTH Service Center Water Customer Service EACH THURSDAY CITY HALL 908 Monroe St 76102 1 18 monthly 2 Wanda Caston 392-8217 ANNEX Water Customer Service EACH THURSDAY CITY HALL 908 Monroe St 76102 2 29 monthly 2 Wanda Caston 392-8217 ANNEX Teresa Water Pretreatment Services 2ND TUESDAY EACH 920 Fournier 76102 20 monthly 5 Valarie Woody 817-871- MONTH St 8305 Water Water Engineering& 1ST TUESDAY EACH GORDON 900 Monroe St 76102 1&2 Floors 19 monthly 2 Sherry Johnson 392-8579 IT MONTH S SWIFT BLDG Water Water Production 1ST TUESDAY EACH SCADA 1511 11th Ave 76102 25 monthly 1 Lisa Chambers 871-8125 MONTH Building Water Administration& EACH THURSDAY CITY HALL 1000 76102 2 32 weekly 1 Faye Brown 392-8207 Engineering Throckmorton St Water Water Development EACH THURSDAY CITY HALL 1000 76102 lower level 6 weekly 1 Gary Curtis 392-8250 Throckmorton Water Field Operations 1ST TUESDAY EACH 1608 11th Ave 76102 100 monthly 5 Darla Morales 871-8309 MONTH 4054 235 CARTS Page 6 of 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/19/2007 DATE: Tuesday, June 19, 2007 LOG NAME: 52VISTAFIBERS REFERENCE NO.: **C-22196 SUBJECT: Authorize Execution of Contract with Mid America Recycling Company, d/b/a Vista Fibers, for In- House Paper Recycling RECOMMENDATION: It is recommended that the City Council: 1.. Authorize the City Manager to enter into a contract with Mid America Recycling, d/b/a Vista Fibers, for the collection, transportation and processing of mixed office paper in municipal buildings; and 2. Authorize this contract to begin July 1, 2007 and expire June 30, 2010, with two renewal options and a total not-to-exceed amount of$30,000 per year DISCUSSION: Various City departments generate paper products that can be diverted from landfill disposal and be recycled. In order to save the City disposal expense as well as space at the City owned landfill, the Environmental Management Department contracts professional services to collect, transport and process mixed office paper from numerous City facilities. A Request for Proposals (RFP No.: DEM07-02:IHR) was issued on April 4, 2007, for a contractor to collect, transport and process single stream recyclables or mixed office paper waste generated by the City of Fort Worth. Proposals were received on April 26, 2007, from the following companies: Mid America Recycling, d/b/a Vista Fibers Allied Waste Industries Allied Waste Industries submitted a "no bid" proposal. City staff recommends entering into negotiations to award the contract for in-house paper recycling to Vista Fibers. Vista Fiber's proposal contained the lowest possible expense to be incurred by the City. The final contract price will be determined by the actual quantity of materials collected by the contractor based on the unit price for collection, transportation and processing and the market price for paper. Because of the variability in the quantity of paper collected from City offices and the value of paper in the recycling market, a not to exceed amount for this contract has been set at$30,000 per fiscal year. Renewal of the contract may be effected by notice in writing by the City Manager or a designated representative to the contractor within 60 days prior to the expiration of the term. Contract renewal will not require specific City Council approval, provided the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. M/WBE - A waiver of the M/WBE goal for this amendment was requested and approved by the M/WBE office, because the purchase of goods or services is from sources where subcontracting opportunities are Logname: 52VISTAFIBERS Page 1 of 2 negligible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Solid Waste Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE64 539410 0525004 $30,000.00 Submitted for City Manager's Office br. Libby Watson (6183) Originating Department Head: Brian Boerner (8079) Additional Information Contact: Kim Mote (5153) Logname: 52VISTAFIBERS Page 2 of 2