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HomeMy WebLinkAboutContract 55314 CSC No.55314 Private Communities Solid Waste and Recycling Contract STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTIES OF TARRANT,DENTON § AND WISE § THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "Fort Worth," acting herein by and through Valerie Washington, its duly authorized Assistant City Manager, and Ladera At Tavolo Park Condominiums, duly authorized to do business in the State of Texas, hereinafter called "User," acting herein by and through Integrity Group, LLC its duly authorized Agent. WITNESSETH WHEREAS, § 363.111(a) of the Health and Safety Code allows for the adoption of rules by a municipality for the regulation of the "collection, handling, transportation, storage, processing, and disposal' of solid waste; and WHEREAS, § 12.5-821 of the City Code requires the owners or occupants of single- family residences, duplex residences, garage apartments, and mobile homes or trailers occupied as dwelling units, to use city household collection services; and WHEREAS, Chapter 12.5, Article VIII "Solid Waste and Recycling" describes the rules and regulations for the "collection, handling, transportation, storage, processing, and disposal' of solid waste; and WHEREAS, on July 17, 2007, the City Council adopted ordinance No. 17655-07-2007 amending Chapter 12.5, Article VIII "Solid Waste and Recycling" to provide for rules and regulations for the provisions of such solid waste collection services to Private Communities (as defined therein); and WHEREAS, §12.5-821 and 12.5-840 of the City Code require a Private Community to enter into an agreement with the City for the collection, handling, transportation, storage, processing, and disposal of solid waste in such Private Community if the Private Community desires such service. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS The following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Unless a provision in this Agreement explicitly states otherwise, OFFICIAL RECORD CITY SECRETARY Ladera At Tavolo Park Condominiums FT.WORTH, Tx other terms used in this Agreement shall have the same meaning as defined in Chapter 12.5, Article VIII of the City Code. Bulky waste shall mean furniture, treated wood, up to ten (10) cubic yards of construction materials generated by a service unit (and not by a commercial service provider) as a result of a household project, mattresses and box springs, carpet, swing sets, plastic swimming pools, small and large toys, bicycles, fish aquariums, toilets, household appliances, and other similar items, white goods (CFC-free), large branches (being branches in excess of four(4) inches in diameter but less than eight (8)feet in length), tree trunks and root balls; provided such items do not contain hazardous waste or any waste which is not acceptable at the designated landfill. Collection Services shall mean Residential Garbage and Recycling Collection Services in accordance with Article VIII of this Chapter 12.5. Contractor shall mean Waste Management or Knight Waste Services. Private Community shall mean a community whose physical assets (real property and streets) are owned and maintained by a homeowners association (HOA), property interiors are owned by private residents (condominium), and the HOA, by contract, has legal contracting and enforcement power within said community. User shall mean Ladera At Tavolo Park Condominiums. 2. PURPOSE The purpose of this Agreement is for the provision of Collection Services by the City to the User consistent with Chapter 12.5, Article VIII of the City Code, attached as Exhibit "A" and incorporated herein, subject to the terms and conditions specified by this Agreement. 3. TERM This Agreement shall be effective from the date executed by the City Secretary through March 31, 2023 unless otherwise terminated as provided herein. 4. SERVICES OF FORT WORTH City agrees to perform the following Collection Services for User for the property located at 6133 Carmona Trail, Fort Worth, TX 76123; known as "Ladera At Tavolo Park Condominiums": A. City of Fort Worth shall provide the following Collection Services for the User: 1. once per week collection of garbage contained in City owned and provided garbage storage carts as determined by the City; and Ladera At Tavolo Park Condominiums 2. once per week collection of recycling contained in City owned and provided recyclable storage carts as determined by the City . B. The City shall not provide Bulk waste or Yard waste (including kraft bags) Collection Services to the Private Community. The City shall not offer Elective Carry Out Service to the residents of this Community. Disabled Carry-out Service shall be considered on a case by case basis and provided in the sole discretion of the Director as is requested. C. The City shall provide to the User educational material on the subject of proper set-out procedures for distribution to its residents. D. The City will administer such Collection Services consistent with the provisions of Chapter 12.5, Article Vill, "Solid Waste and Recycling". 5. DUTIES OF USER User agrees to perform the following duties in connection with the provision of Collection Services: A. Coordinate the distribution of carts to its residents, tracking the proper usage of the garbage and recycling storage carts, and provide for dispute management and enforcement of the set-out of these garbage and recycling storage carts pursuant to the City Code. B. User shall ensure that the residents of the Private Community: 1. properly place assigned garbage and recycling carts as described in attachment"B", and 2. ensure that no personal, private, or service vehicles nor any type obstructions such as construction deliveries are parked or located on the interior roads of the development that would hamper Collection Services on the assigned service day. C. User shall provide the City and its contractor appropriate access as reasonably requested by the City to include but not limited to providing the City with keys and codes to entrances for the purpose of servicing the property. 6. RIGHT TO REFUSE WASTE City shall have the right to refuse to accept waste from User's resident(s) if in the reasonable judgment of Fort Worth: A. The waste is hazardous waste, medical waste and/or special waste; Ladera At Tavolo Park Condominiums B. The waste fails to meet other established criteria established by this Agreement, or that have been established by the City by its City Code. C. The garbage carts are not properly set for collection on the designated collection day. 7. COST OF SERVICE As fair compensation for the Collection Services provided by City pursuant to this Agreement: A. User agrees that the City shall bill each residential unit the current rate of service as described in Section 12.5 12.5-841.1 Residential collection fees. B. The amount due to the City for Collection Services provided under this Agreement shall be billed to the User. C. User shall be required to make a deposit of fifteen dollars ($15.00) per household, whether occupied or not, in the Private Community prior to the start of service. 8. LIABILITIES AND DAMAGES User shall be responsible for maintenance of private street and drives, emergency access easements, recreation areas, open spaces, and drainage facilities and User shall indemnify and save harmless the City from all claims, damages, and losses arising out of or resulting from performance of the obligations of said Collection Services set forth in this Agreement. 9. FORCE MAJEURE A delay or failure of City to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of City and not due to its fault or negligence. User shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 10. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (30) days written notice to the other party. Residents shall be billed for all services rendered by City up to the date of termination. User shall notify residents of the date of termination of the City's Collection Services. Ladera At Tavolo Park Condominiums 11. NOTICE Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Robert Smouse Assistant Director City of Fort Worth Code Compliance Solid Waste Services Division 4100 Columbus Trail Fort Worth, Texas 76133 If to User: Jeannie Harvey Operations Specialist Integrity Group, LLC, on behalf of Ladera at Tavolo Park Condominium Association, Inc. 361 W. Byron Nelson Blvd., Ste. 104 Roanoke, TX 76262 817.430.3318 jeannieh@integritygroups.com 12. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by User and City. 13. SEVERABILITY In the event anyone 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 thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 14. VENUE Should any action, 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. Ladera At Tavolo Park Condominiums 15. 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 resolutions extending such authority have been duly passed and are now in full force and effect. This Agreement shall be effective on the date executed by the City Secretary as shown below. CITY OF FORT WORTH LADERA AT TAVOLO PARK CONDOMINIUMS By: Integrity Group, LLC Tohn Deiin Valerie Washington(Feb 15,202110:49 C John Delin(Feb 10,202115:17 CST) Valerie Washington John Delin Assistant City Manager Managing Member RECOMMENDED BY: WITNESS: Ro$e�tSrvcdu�e- Robert Smouse(Feb 14,202119:26 CST) nie Harvey(Feb 10,202115:16MCST) Robert Smouse Jeannie Harvey Assistant Director of Code Operation Specialist Compliance Solid Waste APPROVED AS TO FORM AND LEGALITY: Chris-ta)?. Lonez-Reynolds Christa R.Lopez-Reynolds(Feb 15,202110:40 CST) Christa R. Lopez-Reynolds Senior Assistant City Attorney ,p-p44Uq� ATTEST: a� FORr �7 0 00000ly d ll 0i� / dd U�i 4 l�o Od Mary Kayser o o=a o City Secretary d* o .4 a o 1 Feb 17, 2021 ��>Z nEXAsapp Date CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including insuring all per performance and reporting requirements. ay&li#tZewm Christian Harper(Feb 10,20 115:46 CST) Christian Harper OFFICIAL RECORD Code Compliance Solid Waste Contract Services Administrator CITY SECRETARY FT.WORTH, TX Ladera At Tavolo Park Condominiums Exhibit A— 12.5 Solid Waste and Recycling 12.5-800 Definitions— Private Community PRIVATE COMMUNITY. Private condominium and/or town home developments where the real property and all infrastructure are owned and maintained by a property owners association representing the residents and home owners of that private development. 12.5-821(f) City Household Collection Services— Private Community (f) Private communities may request city household collection services from the director. (1) A private community seeking city household collection services must submit proof that the infrastructure is or shall be designed, constructed and maintained at a level that allows service performed by the city in a manner substantially the same as the current service provide to single-family residential service units. (2) The director shall consider the following factors to determine whether the private community is eligible for city household collection services: a. Type of access and accessibility of collection trucks to the private community from city streets; b. Whether the streets and/or alleys within the private community are constructed to city standards; c. Availability of access by collection trucks to each service unit in the private community; and d. Safety of the operation of the collection trucks while in the private community. (3) Provided that the director is satisfied that the factors in subsection (f)(1) and (f)(2) above have been met, the director may enter into a written agreement with the requesting private community to receive city household collection services pursuant to certain terms and conditions. Ladera At Tavolo Park Condominiums Exhibit B—Cart Collection Set out &Storage See included Bi-lingual Set out& Storage Flyer Ladera At Tavolo Park Condominiums 4 E r Set ut & Stori 0 t- - -- -------- PROPERLY Correct Set Out -� • Set carts at the curb. • �_— c� • Face serial numbers toward the street. 9 • Set all items two feet apart. Correct Storage 0 Behind a lowwall or a solid fence (wood or brick). Behind the house. © In the garage. . .T A - , :, �E �E Fence ! Correct placement of carts mCorrect placement of carts-behind appropriate screening such as thick shrubs Incorrect placement of carts O � • ......A-, Inside the garage RESIDENCE The City Ordinance requires carts be stored �. so as not to be visible to a person standing in Driveway front of the residence. Improper storage of carts may result in a citation or fine. Got questions? Call 817-392-1234 or visit www.FortWorthTexas.gov/Sol!dWaste 0 o ue Y Almacent- L === lhhk� LOS BOTES CORRECTAMENT, l R Manera corrects de colocarlos • Sobre el borde de la acera. • Los numeros de serie deben P .d apuntar hacia la calle. • Deje 2 pies de distancia entre cada bote u objeto. - Manera corrects de almacenarlos - - Q Detras de una pared baja 0 T o una cerca solids (madera o ladrillo). - a En la parte posterior de su casa. Q © Dentro de la cochera o garaje. xx Una cerca s6lida(madera o ladrillo) ® Manera correcta de colocar los botes {' ®Manera correcta de colocar los botes- detras de arbustos gruesos o articulos a que cubren m r Manera incorrecta de colocar los botes Dentro de la IC cochero/garaje La Ordenanza de la Ciudad especiftca que los RESIDENCIA botes deben estar almacenados de manera que ' . no puedan ser vistos por una persona que este - _ ! m Q�` de pie frente a la casa.Si los botes no estan Entrada guardados correctamente, podria resultar en de coches ''•'' una citacion o multa. Preguntas? Llame al 817-392-1234 o visite nuesta pagina www.FortWorthTexas.gov/Sol!dWaste FORT WORTHO.