HomeMy WebLinkAboutContract 45500 CITY sw AW
cotaPACT NO$
STATE OF TEXAS
KNOW ALL Y THESE PRESENTS.-
COUNTIES OF TARRA T DENTON §1
PARKER AND WISE
THI AGREEMENT is entered into by and between the city of Fart"Forth, Texas, a
he e-rule municipal corporation situated in Tarrant, Dentoan,1 Parker and Wise counties,
Texas, hereinafter called "City",, acting herein h nd threw h Charles Daniels, its duly
authorized Assistant city Manager,, and &Dldtjctlr�1 �, dull auth�ri�o to do
business inthe Strata of Texas, hereinafter called "" sir,"" acting herein by and through
�e_e- its duly authorized
ITNIESS Tl
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;
WHEREAS, § 12.5-821 cf' the City code requires the owners or occupants of single-
fa illy relsidenices, duplex residenlces garage apartments, and mobile homes or trailers
occupied as dwelling units, to use city household collection servi
l ces;
WHEREAS, chapter 12.5, Article Fill "Sol'id' Fasts and Recycling"' describes the rules
and regulations for the "collection, handling, transportation, steerage, processing, and
disposal if of solid waste;
WHEREAS, on July 17 2007, the city council adopted ordinance Igo. 17655-07-2007
amending chapter 12.5, Article Vill "Solid Waste and Recycling"cling" to provide for rules and
regulatioins for the provisions of such solid waste collection services to Private
Communities as defined therein); and
WHEREAS,AS, §12.5-821 and 12.5-840 of the City Code require a Private communliity 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, the parties agree as follows:
1.
DEFINITIONS
The following terms and phrases, as used in this Agreement, shall have the mleanings
hereinafter designated. Unless a provision in this Agreement expli�citl r states otherwise,
other terms used in this Agreement shall have the same meaning as defined in chapter
1 .5 Article Vill of the city code.
Bulky waste ,shall mean furniture, treated wood,1 up to ten (1 0) cubic yards of
construction materials generated by a service unit (and not by a commercial service
provider), as a result of a1 household project, mattresses and box springs, carpet, swing
CITY SECRE"IrIvIRY
jort. WORRTH, 111
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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 ball's; provided such items do not contain hazardous, waste
or any waste which is not acceptable at the des,ignated landfill.
Collection Services shall mean Residential Garbage and Recycling Collection Services
in accordance with Article VIII of this Chapter 12.5.
Contractor shall mean the contractor chosen, by the City Council to provide Collection
,Services.
Private Community shall can a colmmiun,ity 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 HO A, by contract, has
I
legal contracting and enforcement pow wier thin said community.
User shall mean &C t
IJ
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 Fill of the City Code, attached as Exhibit
44 if i
A and incorporated herein, subject to the terms and conditions specified by this
Agreement.
3.
TERM
The term of this Agreement shall be three (3) years,, effective from the date the last party
has signed this Agreement. Upon the expiration, of this Agreement, the part'ies may
extend the term of this Agreement for an additional three (,3) year term, by written
amendment signed by both parties. All other terms and conditions shall remain the
same.
4.
SERVICES OF FORT WORTH'
City agrees to perform the following Collection Services for User for the property located
at 6,o id e,," I P /6V VL4 -5 Le-,i t-S 0 0
A. City shall provide the following Collection Services through its Contractor:
1. once per week collection of garbage contained in City owned and
provided' garbage storage carts as determined by the City- and
2. once per week collection of recycling contained in City owned and
provided recyclable storage carts, as determined by the city
Private Communities Solid Waste and Recycling Contract revised22514GoIdenTriangle
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
C,arry-out Service shall be considered on a case by case basis and
provided in the sole discretion of the Director as is requested.
G. The City shall provide to the User educaltionial material on the subject. of
proper stet-out procedures for distribution to its residents.
D. The City will administer such Collection Services consistent, with the
provisions of Chapter 11 2.5, Article VI 11, I"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 PPrivate Community".
1 prolperly place assigned garbage and recycling carts as described
in Exhibit "Bi" 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' the City's 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.
RIGHTTO REFUSE WASTE
City shall have the right to refuse to accept waste from User's resident(s) if in the
reasonable juldlglment of the City:
A. the waste is hazardous waste, medica�l waste and/or special waste;
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; or
Private Communities Solid Waste and Recycling Contract revi sed22514Go�ldenTri angle
C. the garbage carts are not properly set for coillecti�on on the designated
collection day.
7.
COST OF SERVICE
The City shall bill each residential unit at the rate of service as described in Section 11 2.5
121.5-841.11 for Residential collection fees, as -that rate is amended from time to time by
the City Council. Each ow nor/oc,cupant of the a residential LinI't shall be required to make
a deposit.of fifteen dollars ($151.00) 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 hold harmless and release the, City from all claims, damages, and
losses, arising m,out of or resulting fro performance of the Collection Services ,set
forth in this Agreement,, including but not limited to the wear and tear of streets
caused by the vehicles used by Contractor in the performance of such Collection
Services.
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 (301) days written notice to the other party. Residents shall be
Milled 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.,
11.
NOT110E
Any notices required to, be given under,thlis Agreement shall be delivered as follows:
If to the City of Fort Worth.-
K 11
'mi Mo,te, Assistant Director
Private Communities Solid Waste and Recycling Contract revised2,2'514Gollden:Triangle
City of Fort Worth Southside Service Center
4100 Columbus:Trail
Fort Worth) Texas 76133,
8117-392-5153
If to User:
12.
ENTIRETY
This Agreement contains, all cornmitments 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 p!rovils,ions 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,.
15.
AUTHORIZATION
The undersigned officers and/or agent of the parties hereto are properly authorized
l
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
a"'te Communities Solid Waste and Recycling Contract revised22514GoldeniTrianglie
resolutions, extending such authority have bee�n duly passed and are now in full force
and' effect.
EXECUTED I' ! TRIPLICATE on this_�Lday of Ma-kz,4, .
CITY OF FORT WORTH (�o
d�weees, Daniels By:
Assistant City Manager Titie: I
Date.- 3 11-7 )j q
I -J
APPROVED AS TO FORM
AND LEGALITY.-
Lwa
Assistant(Ay-Attorney
ATTEST.: W'IITNESS.
Mary KaYA, Name j_
City Sec'r' *)Ib
000100o
mom
Sam
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Vnva—teC_ommu n—ities S—ollid'W—astlea""'nd Recycling Contract revised'2251 4Gol'dlen Triangle OFFICIAL RECO RD
C11,111 TY SECRETAItY
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