HomeMy WebLinkAboutContract 52150 STATE OF TEXAS CITY SECRETARY
§ CONTRACT No. 5a 15 0
COUNTIES OF TARRANT,DENTON §
PARKER AND WISE §
CONTRACT FOR THE COLLECTION,TRANSPORATION
AND DISPOSAL OF RESIDENTIAL FOOD WASTE
This Contract is entered into by and between the City of Fort Worth, Texas a
home-rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties,
Texas, hereinafter called "City," acting herein through Valerie Washington, its duly
authorized Assistant City Manager, and Cowboy Compost, LLC , hereinafter called
"Contractor," by and through Johanna Calderon, its duly authorized Chief Executive
Officer.
In consideration of the mutual promises and benefits of this Contract, the City and
Contractor agree as follows:
1.
TERM
The initial term of this Contract shall be for a period of twelve (12) months, beginning
the date it is fully executed. This Contract shall have four (4) one year renewal options at
the City's discretion but agreed to in writing. The City shall provide ninety (90) days
written notice to the Contractor of its intent to renew the Contract.
2.
SCOPE OF CONTRACTOR'S SERVICES
A. Contractor agrees to provide in a good and professional manner all the labor,
materials and equipment necessary to collect residential food waste and
certified compostable products ( as certified by Situ Biosciences, LLC
certifies products as compostable based on the ASTM D6400, ASTM D6868,
ISO 16929 and ISO 14855) from City owned carts designated for disposal
from City identified Locations as more specifically described in Exhibit A,
and to transport such waste to an approved and permitted food composting
facility. Food waste shall be defined as cooked meats, eggs, dairy, vegetative
and fruit food scraps, tea bags, coffee filters, and grounds, Certified
cV Q� compostable products shall be defined as bags, paper plates, cups, napkins,
Qtv�Q4'oy forks, knives, and spoons that have been mutually agreed upon by both parties
to be compostable.
CowboyCompostFoodWastev2 1 FT. WORTH,TX
B. Contractor shall deliver food waste and certified compostable produces
collected from the designated Locations to a permitted food waste composting
facility approved in advance by the City.
C. The Contractor shall inspect all carts for contamination prior to removing the
cart for disposal as described in its procedures to identify and handle
contaminated food waste attached in Exhibit B. The City will pay for disposal
fees of contaminated carts as specified in Exhibit C, however Contractor is
required to document such contamination with date stamped digital
photographs.
D. Contractor shall transport the City owned carts to and from the collection sites
during normal business hours.
E. Contractor shall be responsible for delivering clean carts free from all waste
back to the Locations.
F. Contractor shall provide a monthly written report to the City on weight of
materials collected per drop-off site, number of carts emptied per drop-off
site, number of contaminated carts per drop-off site and top contaminants per
drop-off site.
G. The cleanup of any food waste spillage effected by others than the Contractor
will be the Solid Waste Services Division's responsibility, upon Contractor's
notification to the City.
H. Contractor shall review the City's education materials for its citizens for
accuracy and adherence to industry best practices and provide written
comment back to the City in a timely manner.
I. Contractor agrees that both parties shall review the progress of this Contract
and program no later than May 31, 2019. Contractor agrees to negotiate in
good faith and to make any amendments reasonably necessary to allow the
program to continue.
3.
SCOPE OF CITY RESPONSIBILITIES
A. City shall provide lockable 64 or 96 gallon wheeled collection carts
appropriate for the disposal of food waste.
B. City will designate, at a minimum 5 and a maximum of 15 collection sites.
Ten Locations are identified in Exhibit A to serve as residential collection
sites for the Contractor to collect food waste carts and transport such waste to
an approved permitted composting facility for disposal, as the City designates.
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The City and the Contractor agree that Exhibit A may be modified by written
mutual agreement.
C. City may request Contractor to provide ad hoc food waste collections for
special events (under Model A, as presented in Exhibit C) granted that a
minimum five-day notice is given to Contractor prior to any such an event.
D. City may have representatives at the Locations during designated hours to
monitor carts handling and answer residents' questions.
E. City will educate residents about the proper disposal of food waste. The City
maintains all rights to and shall promote food waste prevention, donation and
composting. The City will provide initial tool kits to residents with welcome
materials such as transportable compost containers, facts and answers, tip
sheets and other educational material as it deems appropriate in its sole
discretion.
4.
COMPENSATION
A. In consideration for the work performed by Contractor under this Contract,
City shall pay Contractor a sum not to exceed $99,500. Payment shall be
based on the unit price charges contained in Exhibit C. The parties agree that
the City may designate, at different times during the term of this Contract,
food waste collection as described in Model A and Model B, as shown in
Exhibit C, with ten (10) days written notice to Contractor. The City is
responsible for notifying Contractor of any questions concerning an invoice,
and shall not be required to pay Contractor until such questions have been
resolved.
B. Monthly, during the performance of this Contract, the Contractor's Project
Manager shall inform the City's representatives of his/her best estimate of the
expenses incurred to that time. In the event that the estimate approximates the
"not to exceed" price, Contractor shall prepare to cease its operations unless
and until the Contract is amended and an authorized representative of the City
directs Contractor to perform additional work.
C. Contractor shall receive no compensation for delays or hindrances to the
work, except when direct and unavoidable extra cost to Contractor was caused
by City's failure to provide information, if any, which it is required to do.
When extra compensation is claimed, a written statement thereof shall be
presented to the City in a timely fashion
5.
INSURANCE
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The Contractor certifies that it has, at a minimum, current insurance coverage as detailed
below and will maintain it throughout the terms of this Contract. Prior to commencing
work, Contractor shall deliver to the City certificates documenting this coverage. The
City may elect to have the Contract submit its entire policy for inspection.
A. Commercial General Liability Insurance-$1,000,000 minimum per occurrence.
$2,000,00 aggregate
B. Professional Liability Insurance: (i.e. Professional Liability or Errors and Omissions
Liability) $1,000,000 each occurrence, $2,000,000 aggregate.
C. Automobile Liability Insurance - $1,000,000 per occurrence combined single limit
basis.
Coverage shall be on any vehicle used by Contractor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
D. Worker's Compensation- Statutory limits for Worker's Compensation.
F. The following shall pertain to all applicable policies of insurance listed above:
1. Additional Insured Clause: "The City of Fort Worth, its officers, agents,
employees, and representatives are added as additional insureds as respects
to operations and activities of, or on behalf of the named insured, performed
under Contract with the City of Fort Worth." An equivalent clause may be
acceptable in the discretion of the City.
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 the 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,
or non-renewed until after thirty (30) days prior written notice has been
given to Risk Management, City of Fort Worth, 200 Texas Street, Fort
Worth, Texas 76102." Note: Written notice can be by Contractor or by
insurance company.
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5. The insurers for all policies must be approved to do business in the State of
Texas and be currently rated in terms of financial strength and solvency to
the satisfaction of the Risk Manager for the City of Fort Worth. The City's
standard is an A.M. Best Key rating ANII.
6. The deductible or self-insured retention (SIR) affecting the coverage
required shall be acceptable to the Risk Manager of the City of Fort Worth;
and, in lieu of traditional insurance, alternative coverage maintained through
insurance pools or risk relations groups must be also approved.
7. The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of the City.
6.
INDEMNIFICATION
A. For the purposes of this Contract, the following words and phrases shall be
defined as follows:
1. Environmental Damages shall mean all claims, judgments, damages,
losses, penalties, fines, liabilities (including strict liability), encumbrances,
liens, costs, and expenses of investigation and defense of any claim, whether
or not such claim is ultimately defeated, and of any good faith settlement of
judgment, of whatever kind or nature, contingent or otherwise, matured or
unmatured, foreseeable or unforeseeable, including but without limitation
reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred as a result of the existence of a violation of
Environmental Requirements pertaining to the services performed under
this Contract, and including without limitation:
a. Damages for personal injury and death, or injury to property or
natural resources;
b. Fees incurred for the services of attorneys, consultants, Contractors,
experts, laboratories and investigation or remediation resulting from any
violation of environmental requirements including, but not limited to, the
preparation of any feasibility studies or reports of the performance of any
cleanup, remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any Federal, State or local
governmental agency or political subdivision, or otherwise expended in
connection with the existence of such monitoring wells or violations or
environmental requirements, and including without limitation any attorney's
fees, costs and expenses incurred in enforcing this Contract or collecting any
sums due hereunder; and
CowboyCompostFoodWasteO 5
C. Liability to any third person or governmental agency to indemnify
such person or agency for costs expended in connection with the items
referenced in subparagraph (b) herein.
2. Environmental Requirements shall mean all applicable statutes as they are
now or as they may later be amended, regulations, rules, plans,
authorizations, concessions, franchises, and similar items, of all
governmental agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, states, and political subdivisions
thereof and all applicable judicial, administrative, and regulatory decrees,
judgments, and orders relating to the protection of human health or the
environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, emissions, discharges, releases, or threatened releases of
hazardous materials, pollutants, contaminants or hazardous or toxic
substances, materials, or wastes whether solid, Iiquid, or gaseous in nature,
into the air, surface water, groundwater, storm water, or land, or relating to
the manufacture, processing, distribution, use, treatment, storage, disposal,
transport, or handling of pollutants, contaminants, or hazardous or toxic
substances, materials, or wastes, whether solid, liquid, or gaseous in nature;
and
b. All requirements pertaining to the protection of the health and safety
of employees or the public.
B. Professional Services Indemnification. 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 NEGLIGENT ERROR, OMISSION, DEFECT, OR DEFICIENCY IN
THE PERFORMANCE OF CONTRACTOR'S PROFESSIONAL SERVICES
OR IN THE PREPARATION OF ENVIRONMENTAL CONSULTANT
SERVICES DOCUMENTS IN ACCORDANCE WITH THIS CONTRACT.
CONTRACTOR SHALL NOT BE REQUIRED TO INDEMNIFY OR HOLD
HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND
EMPLOYEES FROM LOSS, DAMAGE, INJURY, OR DEATH ARISING
FROM DEFECTS OR DEFICIENCIES IN ENGINEERING CRITERIA AND
INFORMATION FURNISHED TO CONTRACTOR BY CITY, WHICH
CowboyCompostFoodWastev2 6
CONTRACTOR COULD NOT DISCOVER BY THE EXERCISE OF
REASONABLE DILIGENCE.
C. General Indemnification. 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.
D. Environmental Indemnification. CONTRACTOR DOES HEREBY
RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD
HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND
EMPLOYEES FROM AND AGAINST ANY AND ALL ENVIRONMENTAL
DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE
HANDLING, COLLECTION, TRANSPORTATION, STORAGE,
DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY
PERSON, OF THE MATERIAL UNDER THIS CONTRACT, TO THE
EXTENT SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION
OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT
OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT
OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS,
EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON
OR ENTITY EXCLUDING ALL PARTIES INDEMNIFIED HEREUNDER.
E. 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.
F. 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.
CowboyCompostFoodWastev2 7
G. 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.
H. 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.
I. In the event that a written claim for damages against Contractor or any of its
subcontractors remains unsettled at the time all work on the project has been
completed to the satisfaction of the City Manager, as evidenced by a final
inspection, final payment to Contractor shall not be recommended by the City
Manager for a period of thirty (30) days after the date of such final inspection,
unless the Contractor submits written evidence satisfactory to the City Manager
that the claim has been settled and a release has been obtained from the claimant
involved.
1. If the claim concerned remains unsettled at the expiration of the said
thirty-day period, the Contractor may be deemed by the City Manager to
be entitled to a semi-final payment for work completed, such semi-final
payment to be in an amount equal to the total dollar amount then due less
the dollar value of any written claims pending against the Contractor
arising out of the performance of such work.
2. The City Manager shall not recommend final payment to Contractor if a
claim for damages is outstanding for a period of six months following the
date of the acceptance of the work performed unless the Contractor
submits evidence in writing, satisfactory to the City Manager,that:
i. The claim has been settled and a release has been obtained from
the claimant involved; or
ii. Good faith efforts have been made to settle such outstanding
claims, and such good faith efforts have failed.
3. If condition (i) above is met at any time within the six-month period, the
City Manager shall recommend that the final payment to Contractor be
made. If condition (ii) above is met at any time within the six-month
period, the City Manager may recommend that final payment to
Contractor be made. At the expiration of the six-month period, the City
Manager may recommend that final payment be made if all other work has
been performed and all other obligations of the Contractor have been met
to the satisfaction of the City Manager.
7.
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WARRANTY
Contractor warrants that it understands the currently known hazards and suspected hazards
which are presented to persons, property and the environment by the transporting,
collection, handling, storage of food waste as referred to in the Contractor's Scope of
Services. Contractor further warrants that it will perform all services under this Contract in a
safe, efficient and lawful manner using industry accepted practices, and in full compliance
with all applicable State and Federal laws governing its activities and is under no restraint or
order which would prohibit performance of services under this Contract.
8.
LICENSES, PERMITS AND FEES
Contractor agrees to obtain, pay for, and maintain all licenses, permits, certificates,
inspections and all other approvals and fees required by law or otherwise necessary to
perform the services prescribed hereunder.
9.
DEFAULT
A. Contractor shall not be deemed to be in default because of any failure to perform
under this Contract, if the failure arises from causes beyond the control and
without the fault or negligence of Contractor. Such causes shall include acts of
God, acts of the public enemy, acts of Government, in either its sovereign or
contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather for the geographic area.
B. If the failure to perform is caused by the failure of a subcontractor of Contractor's
to perform, and if such failure was beyond the control of both the Contractor and
the subcontractor, without their fault or negligence, Contractor shall not be
deemed to be in default unless the subcontracted supplies or services were
reasonably obtainable from other sources.
C. If Contractor fails to begin work herein provided for within the time specified
above, or to complete such work within the time specified above, within the true
meaning of this Contract, City shall have the right to take charge of and complete
the work in such a manner as it may deem appropriate. If City exceeds the costs
detailed in the attached documents, City may deliver to Contractor a written
itemized statement of the total excess costs, and Contractor shall reimburse City
for such excess costs without delay.
CowboyCompostFoodWastev2 9
D. Alternatively, if at any time during the term of this Contract the work of
Contractor fails to meet the specifications of the Contract documents, City may
notify Contractor of the deficiency in writing. Failure of Contractor to correct
such deficiency and complete the work required under this Contract to the
satisfaction of City within ten days after written notification shall result in
termination of this Contract. All costs and attorneys fees incurred by City in the
enforcement of any provision of this Contract shall be paid by Contractor.
E. The remedies provided for herein are in addition to any other remedies available
to City elsewhere in this Contract or by Federal, State or local laws or regulations.
10.
TERMINATION
A. City may terminate this Contract with or without cause upon thirty (30) days prior
written notice to the Contractor, provided that such termination shall be without
prejudice to any other remedy the parties may have. In the event of termination, any
work in progress will continue to completion unless specified otherwise in the notice
of termination.
B. If the City terminates this Contract under paragraph A above, City shall pay
Contractor for all services performed prior to the termination notice.
C. All completed or partially completed original documents prepared under this
Contract shall become the property of the City when the Contract is terminated, and
may be used by the City in any manner it desires; provided, however, that the
Contractor shall not be liable for the use of such documents for any purpose other
than as described when requested.
D. In the event either party defaults in the performance of any of its obligations under
this Contract, misrepresents to the other a material fact, or fails to notify the other
party of any material fact which would affect the party's performance of its
obligations hereunder, the non-defaulting party shall have the right to terminate this
Contract upon giving the defaulting party written notice describing the breach or
omission in reasonable detail. The defaulting party shall have a thirty (30) day
period commencing upon the date of notice of default in which to effect a cure. If the
defaulting party fails to effect a cure within the aforesaid thirty(30) day period, or if
the default cannot be cured, the Contract shall terminate as of the date provided in
the notice of default.
E. The remedies provided for herein are in addition to any other remedies available
to City elsewhere in this Contract.
Cowbo),CompostFoodWasteO 10
11.
INDEPENDENT CONTRACTOR
The City agrees to hire Contractor as an independent Contractor, and not as an officer,
servant, or employee of the City. Contractor shall have the exclusive right to control the
details of the work performed hereunder, and all persons performing same, and shall be
solely responsible for the negligent acts and omissions of its officers, agents,employees, and
subcontractors. Nothing herewith shall be construed as creating a partnership or joint
venture between the City and Contractor,its officers, agents, employees,and subcontractors;
and the doctrine of respondent superior has no application as between the City and
Contractor.
12.
MODIFICATION
No modification of this Contract shall be binding on Contractor or the City unless set out in
writing and signed by both parties. Modifications shall be in the same format as the final
specification showing the change or addition of a task, project schedule, deliverable
document(s), and schedule of payments.
13.
RIGHT TO AUDIT
City and Contractor agree that, 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 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.
14.
NON-DISCRIMINATION
A. During the performance of this Contract, Contractor agrees not to discriminate
against any employee or applicant for employment because of race, religion, color,
sex or national origin, except where religion, sex or national origin is a bona fide
occupational qualification reasonably necessary to the normal operation of the
Contractor. Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of the non-
discrimination clause.
CowboyCompostFoodWasteO 11
B. Contractor also agrees that in all solicitations or advertisements for employees
placed by or on behalf of this Contract, that Contractor is an equal opportunity
employer.
C. Notices, advertisements, and solicitations placed in accordance with Federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
15.
GOVERNING LAW
The City and Contractor agree that the validity and construction of this Contract shall be
governed by the laws of the State of Texas,except where preempted by Federal law.
16.
SEVERABILITY
The provisions of this Contract are severable; and if for any reason any one or more of
the provisions contained herein are held to be invalid, illegal or unenforceable in any
respect,the invalidity, illegality or unenforceability shall not affect any other provision of
this Contract, and this Contract shall remain in effect and be construed as if the invalid,
illegal or unenforceable provision had never been contained in the Contract.
17.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant,or any default which may then
exist, on the part of Contractor, and the making of any such payment by the City while any
such breach or default exists shall in no way impair or prejudice any right or remedy
available to the City with respect to such breach or default. Any waiver by either party of
any provision or condition of the Contract shall not be construed or decreed to be a waiver
of any other provision or condition of this Contract, nor a waiver of a subsequent breach of
the same provision or condition, unless such waiver be expressed in writing by the party to
be bound.
18.
VENUE
Venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas.
19.
NOTICES
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Any notices, bills, invoices or reports required by this Contract shall be sufficient if sent by
the parties in the United States mail,postage paid,to the address noted below:
If to the City: Robert Smouse, Assistant Director
Department of Code Compliance, Solid
Waste, City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
If to the Contractor: Johanna Calderon, CEO
Cowboy Compost, LLC
4105 Aragon Dr.
Fort Worth, TX 76133
20.
ENTIRETY
This Contract, the Contract documents and any other documents incorporated by reference
herein contain all the terms and conditions agreed to by the City and Contractor, and no
other Contracts, oral or otherwise, regarding the subject matter of this Contract or any part
thereof shall have any validity or bind any of the parties hereto.
21.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this Contract.
Contractor shall not assign, sublet, or transfer its interest in this Contract without written
consent of the City. Nothing herein shall be construed as creating any personal liability on
the part of any officer or agent of the City, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the City and Contractor.
22.
PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1)does
not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Contractor certifies
that Contractor's signature provides written verification to the City that Contractor:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
CowboyCompostFoodWastev2 13
IN WITNESS THEREOF, the City of Fort Worth and Contractor have executed this
Contract in triplicate in Tarrant County,Texas.
CITY OF FORT WORTH COWBOY COMPOST,LLC
V
Valerie Washington By: Joha a alderon
Assistant City Manager Its: Chief Executive Officer
Date Signed: v" ( , Date Signed 3 2q ( 2Q kq
eco e ed
Robert Sm. us
Assistant de pliance Director
APPROVED AS TO FORM CORPORATE SEAL:
ND LEGALITY:
j
� r
Christa . Lopez-Re Ids
Sr. Assistant City Attorney
-0
ATTEST: ,, F ,- �., WITNESS:
j
ary Ka se _
City Secret
"AS y,
NO M&C REQUIRED
Contract Compliance Manager:
OFFICIAL RECORD
CITY SECRETARY
CowboyCompostFoodWastev2 14 FT. WORTH,TX
By signing I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requi e ents.
"doentel
Name of Employee
Senior Planner
Title
OFFICIAL RECORD
CITY SECRETARY
CowboyCompostFoodWasteO 15 FT. WORTH,TX
EXHIBIT A
LOCATIONS OF FOOD WASTE COLLECTION SITES
• Fort Worth Botanic Garden, 3220 Rock Springs Rd. Fort Worth, TX 76107
• Foster Park, 4398 Trail Lake Dr. Fort Worth, TX 76109
• Fairmont Park, W Maddox Ave., Fort Worth, TX 76104
• Hartwood Park Tennis Courts, 4300-4302 Hartwood Dr. Fort Worth, TX 76109
• River Park, 3100 Bryant Irvin Road Fort Worth, TX 76109
• Brennan DOS, 2400 Brennan Avenue, Fort Worth TX 76106
• Southeast DOS, 5150 Martin Luther King Freeway, Fort Worth, TX 76119
• Old Hemphill DOS, 6260 Old Hemphill Road, Fort Worth, TX 76134
• Hillshire DOS, 301 Hillshire Drive, Haslet, TX 76052
• Environmental Collection Center, 6400 Bridge St, Fort Worth, TX 76112
CawboyComposrFoodWasreO 16
EXHIBIT B
COWBOY COMPOST'S PROCEDURES FOR IDENTIFYING AND HANDLING
CONTAMINATED FOOD WASTE CARTS
Contamination will be sorted at either Cowboy Compost's warehouse locations for
sorting or at the commercial composting facility itself. Contamination will not be
segregated at the organic collection sites.
The sorting process consists of 1) hauling the organic residues to a sorting site (at
Cowboy Compost or at composting facility), 2) weighing the cart, 3) segregating
contaminants, 4) weighing total weight of contamination, 5) recording the weights for
reporting, and 6) documenting contamination by date stamped digital photographs.
CoivboyCompostFoodWastev2 17
EXHIBIT C
COLLECTION MODEL A AND B
Model A: Contractor will bring empty, clean carts to a collection site at designated times
and approximately three to four hours later collect carts full with organic materials and
transport materials to an approved composting facility. Volunteers may be present during
drop-off times to answer participants' questions and track attendance. Drop-off times
may include weekday evenings, Saturdays, and during special events.
Model B: Carts will remain at designated collection sites 24/7. Contractor will collect full
carts from collection locations on a frequency deemed appropriate by the City and swap
with empty, clean carts.
PRICING SCHEDULE
Model A, once weekly location pick-up: $40 per cart
Model A,twice weekly location pick-up: $5 5 per cart
Model B, once weekly location pick-up: $30 per cart
Model B,twice weekly location pick-up: $45 per cart
Contamination Fee (over 25% of gross weight): $28 per cart in addition to regular pick-
up fee
Long Distance* Trip Charge: $50 per location,per trip
*Long Distance would be locations outside of the I-820 loop, excepting the Old Hemphill
Drop-Off Station
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