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Home My WebLink AboutContract 43073 CffY SECRETARY CONTRACT No. -7 STATE OF TEXAS § COUNTIES OF TARRANT, DENTON § PARKER AND WISE § AGREEMENT FOR PILOT TRASH COLLECTION PROJECT AT WILLOW LAKE THIS AGREEMENT is made by and between, THE CITY OF FORT WORTH (the "CITY"), a Texas home rule municipality located in Tarrant, Denton Parker and wise Counties, Texas, and Willow Lake H.O.A. South ("PROPERTY OWNERS"), corporations located in Tarrant County, Texas. The CITY and PROPERTY OWNER are collectively called the "Parties". 1. PURPOSE This Agreement is to allow the City to conduct a pilot project for trash collection at the south end of willow Lake to address the large flow of trash from streets and commercial areas upstream from willow Lake typically brought by stormwater. The parties are subject to a Compromise Settlement Agreement previously recorded in Volume 8049, Page 2091 of the real property records of Tarrant County, Texas which details the parties' obligations for the maintenance of certain facilities at willow Lake. The Agreement shall not alter or amend any term in the Compromise Settlement Agreement. 2. CITY'S OBLIGATIONS The City shall install a small floating trash boom collection system in a concrete channel upstream from willow Lake as shown in Exhibit A. The City shall: 1. monitor the trash boom; and 2. make any necessary repairs to ensure the trash boom functions properly, except for the routine collection of trash. 3. PROPERTY OWNERS' OBLIGATIONS In exchange for the CITY's purchase, installation and maintenance of the trash boom, the PROPERTY OWNER'S shall: 1. Remove the trash from willow Lake and surrounding area on a weekly asis; 2. Properly dispose of the trash in a timely manner; OFFICIAL RECORD } CITY SECRETARY 1 FT, WORTHS TX i 3. Report to the City on a weekly basis the volume of the trash collected and any issues related to the trash boom; and 4. Shall provide access to the City to monitor the trash boom. 4. TERM The term of this Agreement shall be two (2) years from the date the Agreement is fully executed, or until the City expends fifty-thousand dollars ($50,000.00) on the installation and maintenance of the trash boom. If the City expends fifty-thousand dollars ($50,000.00) on the installation and maintenance of the trash boom, this Agreement shall immediately and automatically terminate. The CITY in its sole discretion may seek City Council approval of an agreement to continue the pilot project in an amount set by City Council. Upon termination of this Agreement, the City shall remove the trash boom. 5. TERMINATION This Agreement may be terminated with or without cause upon thirty (30) days written notice to the non-terminating party. Upon termination of this Agreement, the City shall remove the trash boom. G. OWNERSHIP OF COLLECTED WASTE It is the intention and agreement of the Parties that the PROPERTY OWNERS shall become owners of the waste collected by the trash boom. At no time, shall the CITY own or control waste collected by the trash boom. 7. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the PROPERTY OWNERS and/or the PROPERTY OWNERS' 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 the PROPERTY OWNERS 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 the PROPERTY OWNERS and/or its officers, agents, employees, contractors and subcontractors; and that nothing herein shall be construed as creating a joint enterprise between CITY and the PROPERTY OWNERS. No person performing any of the work and services described hereunder shall be considered an officer,, agent, servant or employee of the CITY. Willow Lake Pilot Project Page 2 8, INDEMNIFII✓ATION A. THE PROPERTY OWNERS SHALL RELEASE, INDEMNIFY, REIMBURSE, 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 THE PROPERTY OWNERS OR ITS OFFICERS, AGENTS, EMPLOYEES, PROPERTY OWNERS' CONTRACTOR, SUBCONTRACTORS, LICENSEES, OR INVITEES. B. Upon learning of a claim, lawsuit, or other liability which the PROPERTY OWNER is required hereunder to indemnify, the CITY shall provide PROPERTY OWNERS with reasonable timely notice of same. C. The obligations of the PROPERTY OWNERS under this section shall survive the expiration of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. D. In all of its contracts for the performance of any work under this Agreement, PROPERTY OWNERS shall require the contractors to indemnify the CITY in a manner consistent with this section. 9. RIGHT TO AUDIT Until the expiration of three (3) years after the term of this Agreement, the City shall have access to and the right to examine any pertinent books, documents, papers and records of PROPERTY OWNERS involving transactions relating to this Agreement. PROPERTY OWNERS further agree 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. lo. NOTICES All notices required or permitted hereunder will be in writing and given by personal delivery to the addresses, certified mail, return receipt requested, postage prepaid in a properly addressed envelope, facsimile (fax) transmission, subject to conditions in this paragraph, electronic mail or commercial delivery service. Notices will be deemed to be given and received as of the earlier of(a) actual receipt or (b) the 3rd day after the date of deposit with the U.S Postal Service. Fax transmission is a permitted form of notice hereunder only if the (a) the Party to whom the fax is addresses has designated a fax Willow Lake Pilot Project Page 3 number below and (b) the sending Party has a fax generated verification of the date and time of transmission and the fax number to which the notice was transmitted. Notice shall be given to: If to CITY: City of Fort Worth Transportation and Public works Department Stormwater Management Division 1000 Throckmorton Fort Worth, TX 76 102 817.392.7314 817.392.2433 (fax) If to PROPERTY OWNERS: Gail James 4235 Clear Lake Circle Fort Worth, TX 76 109 Home# 817.923.4819 Cell # 817.688.6889 Fax# 817.688.6889 Email: gjames@james-trading.com 11. GOVERNMENTAL POWERS AND IMMUNITIES It is understood and agreed that, by execution of this Agreement, the CITY does not waive or surrender any of its governmental powers or immunities. PROPERTY OWNERS acknowledges that the CITY is a Governmental Body and as such has certain rights, powers and duties that may affect PROPERTY OWNERS' rights or obligations under the Agreement. PROPERTY OWNERS agree that no action by the CITY acting in its governmental capacity shall be construed as a breach by the CITY under this Willow fake Pilot Project Page 4 Agreement, nor shall any such action excuse PROPERTY OWNERS from performance of its obligations under this Agreement. 12. COMPLIANCE WITH LAWS PROPERTY OWNERS, 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 and shall maintain all permits and approvals required for the services to be provided to CITY. It is agreed and understood that, if CITY calls the attention of PROPERTY OWNERS to any such violations on the part of PROPERTY OWNERS, its officers, agents, employees, contractors or subcontractors, then PROPERTY OWNERS shall immediately desist from and correct such violation. 13. VENUE Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Tarrant County, Texas. 14. SAVINGS CLAUSE In case any one or more of the provisions contained in this Agreement 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 Agreement; this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 15. CUMULATIVE REMEDIES The rights and remedies granted in this Agreement 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 Agreement. 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. 16. CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement 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 Agreement or any amendments or exhibits hereto. Willow Lake Pilot Project Page 5 17. AUTHORIZATION The undersigned officers and/or agents of the Parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. 18. ENTIRETY This Agreement constitutes the entire agreement by the Parties hereunder, and any prior or contemporaneous oral or written agreements shall be void. CITY OF FORT WORTH, TEXAS PROPERTY OWNERS BY: �' - Fernando Costa Ernie O'Donnell, President Assistant City Manager ITS: Willow Lake H.O.A. South Date Signed: 3 . LIZ Date Signed: ATTEST. � ,�, ��* � �► ��o�aopp WITN SS. . a a 0'4 r Q APO City Se t a° d `' vp C 0 00 AY NO M&C REQUIRElD APPROVED AS TO FORM AND LEGALITY: rista RY Reynolds Sr. Assistant City Attorney OFFICIAL RECORD" C ; CITY SECRETARY Willow lake Pilot Project Page Wyi y F f uuV ex yiii J a � alb II. ' u I -lily i ii i�li iWlVmrr�i01"��I IUIuI I r i ` y VIII � r 1 {'.. (� :�:�.:::.i{ ✓a�;i'' a� �, n .�... �� ;�. � IIIIIIVIII I III V it arm ul ; �i 1� : r / I iiiy I i�� o, �I IiliJliiii I � ., VII iu -�t 3 � �1i4111. � Illlq, iu mu r ., tl lid ��uiii I iiVf VIII r j " h aid. d / L tl r l r x m. to x rr u29 �I. 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