HomeMy WebLinkAboutContract 35565Private Communities Solid Waste and
Recycling Contract
STATE OF 'I�XAS §
COUNTIES OF TARRANT, DENTON §
AND WISE §
ItOW ALL DY THESE PRESENTS:
THIS AGREEMENT is enfiered 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 Libby Watson, its duly
authorized Assistant City Manager, and River Bend Villas, LLP, duly authorized to do
business in the State of Texas, hereinafter called "User," acting herein by and through
�irt t4c LTC its duly authorized 14 �► t; �1 i
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;
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.
WHEREAS,. Chapter 12.5, Article VlII "Solid Waste And Recycling" describes the rules
and regulations for the "collection, handling, transportation, storage, processing, and
disposal" of solid waste;
WHEREAS, on July 17, 2007, the City Council adopted ordinance No. 17655-07-2007
amending Chapter 12.5, Article Vill "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:
RiverBenclPCA�reement CRL07.19.07v1
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,
other terms used in this Agreement shall have the same meaning as defined in Chapter
12.5, Article Vlll 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 (CFC4ree), 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 Vlll of this Chapter 12.5.
Contractor shall mean [fill in the blank wish Contractors namej.
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 HO& by contract, has
legal contracting and enforcement power within said community.
User shall mean River Bend LLP
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 Vlil 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 the last pa►ty has signed this Agreemen#
through March 31, 2013.
4.
SERVICES OF FORT WORTH
City agrees to perForm the following Collection Services for User for the property located
at 3390 River Bend Boulevard; know. as the River Bend Villas":
RiverBendPCAgreement CRL07.19.07v1
A. City of Fort Worth shall provide the following Collection Services for the
User:
1. 01109 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 .
8. 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
Cant' -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 VIII, "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 residen#s, 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 , 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
R.iverBendPCAgreement CR.L07.19.07v1
City shall have the right to refuse to accept waste from User's residents) if in the
reasonable judgment of Fort Worth:
A. The waste is hazardous waste, medical waste and/or special waste;
B. Tire waste fails to meet other established criteria established by this
Agreement, or that have been established by the City by its City Code.
C. Tie garbage carts are not properly set for coileciion on the designs#ed
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.Oa) per
household, whether occupied or not, in the Private Community prior to the
start of service.
8.
- �lAl�IUITiES AN® ®AMAGES
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
`' ,k r,�.
RiverBendPCAgreement CRL07.19.07v1
�
ULG�i
— _�.�..a
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,
11.
NOTICE
Any notices required to be given under this Agreement shall be deiiverad as follows:
if to Fort Worth:
Brian Boemer, CNMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to User:
!'IPA Q414e
IZ„41.6k 1(.awoab, L'c+JdM,W%VM.S
0010 1140 Hre: h?ec, 1GsAz4C
P
0 3ox 1Z t ' 1 1
For+ W " % 'T%,s `Ttol�.1-- 1 %zl1
12.
ENTIRETY
This Agreement contains ail 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 shalt for any
reason be held to be invalid, illegal, or unenforceable in any respeci, 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
RiverBendPCAgreement CRLO7.19.O7v1
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.
AUT1-iCRfZAT10N
The undersigned officers and/or agents of the parties hereto are properly authorizQd
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.
r --�
EXECUTED iN TRIPLICATE on this r;� �i aay of���� , 200�!
CITY ®F P®RT W®RTH
By:
Libby V1/ai'son
Assistant City Manager
Date: � Lam= � C� �
APPROVED AS TO P®RM
AND LEGALITY:
LdvVi� n,, � ��,
,Assistant City Attorney
ATTEST:
City Secretary
Date �
Authorized by M&C G-15786 and
Ordinance No. 17655-07-2007
By:
Prin ed na e: 3'�H, ni ®1-� �
Title: A�� S ®c, idlGci
Date: `y—�g_��
RiverBendPCAgreement CRL07.19.07v1
:� ���i�:... � l �:5�vu�?�o
'Jj���IjJ C:, I�,, Ljjj'I???> ;�f,t1, !ti ��{%"t}S J�
Y � �vrJ�'v' VL U IY k� Y'�. G i 0
EXHIBIT "A"
ORDINANCE NO. 17655-07-2007
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS
AMENDED, BY THE AMENDMENT OF CHAPTER 12.51 "ENVIRONMENTAL
PROTECTION AND COMPLIANCE", ARTICLE VIII, "SOLID WASTE AND RECYCLING",
BY THE AMENDMENT OF DIVISION 19 "GENERAL PROVISIONS", SECTION 12.5-800
DEFINITIONS"; AND AMENDING DIVISION 2 "HOUSEHOLD COLLECTION", SECTION
12.5421 "CITY HOUSEHOLD COLLECTION SERVICE", SUBSECTIONS (b) AND (c); AND
FURTHER AMENDING SAID CHAPTER BY THE AMENDMENT OF DIVISION 4,
"DEPOSITS, RATES AND COLLECTION", SECTION 12.5440 "DEPOSITS", SUBSECTIONS
(c), (d) and (e); PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $2,000.00 FOR EACH OFFENSE
N VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 12.5-821 of the City Code mandates that single-family residences, duplex residences, garage
apartments, and mobile homes or trailers occupied as dwelling units use city household collection services for solid
waste pickup;
WHEREAS, the use of the City's household collection services is optional for multi -family dwelling buildings and
complexes containing three (3) or more dwelling units; and for any mobile home park whose drinking water supply
is provided by well water or is provided by the city through a common meter;
WHEREAS, private condominium and/or town home developments are currently not specifically exempted under
the City Code from the use of the City's household collection services, however these developments are not always
aMe to obtain. the City's household collection services unless they are built substantially to the same standards for
residential collection serviceability as single-family residential areas;
WHEREAS, the City would like to provide household collection services for private condominium and/or town
home developments under certain terms and condition which would allow for access iin the development; and
WHEREAS, the City desires to maintain consistency in the use of carts for garbage and recycling collection in
single-family style communities where practicable throughout the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, AS FOLLOWS:
SECTION 1.
That Part II "Code", Chapter 12.5 "Environmental Protection and Compliance", Article VIIi, "Solid
Waste and Recycling", Division 1, "General Provisions", Section 12.5-800, "Definitions", of the Code of the City of
Fort Worth (1986), as amended, is hereby further amended by the addition of the following term in alphabetical
order:
Private Community means 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.
SECTION 2.
And further that Part II "Code", Chapter 12.5 "Environmental Protection and Compliance", Article VIII, "Solid
Waste and Recycling", Division 2, "Household Collection", Section 12.5-821, "City Household Collection
Services" Subsection (b) of the Code of the City of Fort Worth (1986), as amended, is further amended to read as
follows:
ORDINANCE FOR PRIYATE COMMUNITIES '' �'' `' �-'
�4 Uhl V(
(b) The use of city household collection services shall be optional for:
(1) Multi -family dwelling buildings and complexes containing three (3) or more dwelling
units;
(2) Any mobile home park whose drinking water supply is provided by well water or is
provided by the city through a common meter, and
(3) Private Communities pursuant to Section 12.5-821(f) below.
Furthermore, Section 12.5421, "CityHousehold Collection Services", of the Code of the City of Fort Worth (19$6),
as amended, is further amended to include Subsection (0 as follows:
(f) Private Communities may request city household collection services from the Director.
(l) 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 fallowing factors to determine whether the Private Community is
eligible for city household collection services.
i. Type of access and accessibility of collection trucks to the Private
Community from city streets;
ii. Whether the streets and/or alleys within the Private Community are constructed
to city standards;
iii. Availability of access by collection trucks to each Service Unit in the Private
Community; and
iv. 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) 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.
SECTION 3.
And further that Para II "Code", Chapter 12.5 "Environmental Protection and Compliance", Article VIiI, "Solid
Waste and Recycling", Division 4, "Deposits, Rates and Collection", Section 12.5-840, "Deposits", beginning at
Subsection (c) of the Code of the City of Fort Worth (1986). as amended, is further amended to read as follows:
(c) Prior to the start of service, a Private Community with a written agreement for city household collection
services shall make a minimum deposit of the existing deposit rate listed in §12.5440(a) above multiplied by
the total number of households, whether occupied or unoccupied, in the Private Community.
(d) The Director is authorized to require a larger deposit from any customer when, in his
judgment, the larger amount is necessary to ensure that the city is protected against loss for nonpayment of
services.
(e) The Director may refund deposits as an account credit to household collection service customers whose
accounts show no delinquent payments for a period of twelve {12) consecutive months.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth,
Texas, (1986), as amended, except where the provisions of this ordinance are in duect conflict with the provisions of
such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed
ORDINANCE FOR PRIVATE COMMUNITIES ,�. ,, ; �;, r, ,�,
0 L� ?ail
SECTION 5,
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall
be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6,
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who
resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars
($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 7.
All rights and. remedies of the City o£Fort Worth, Texas, are expressly saved as to any and all violations of the
provisions of the ordinances amended herein, which have accrued at the time of the effective date of this ordinance and,
as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION S.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 20 of
this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2,
Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code.
SECTION 9.
This orduaance shall be in full force and effect after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM:
CHRISTA R OBI PEZ
ASSISTANT CITY ATTORNEY
DATE: JuIy17, 2007
PRIVr1TE COMMUNITIES
CRL 07.I1A7V5
,i�I --,) , S 1,��i?0
Page I of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTIONu Approved on 7117/2007 Ordinance #17655�07m2OO7
DATE: Tuesday, July 17, 2007
LOG NAME: 520RD PRIV COMM
REFERENCE NO.:
SUBJECT:
Adopt an Ordinance Amending Chapter 12.5, Article VIII "Solid Waste and Recycling" of the City
Code for the Provision of Residential Solid Waste Services to Private Communities
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 12.5, Article VIII
"Solid Waste and Recycling" of the Code of the City of Fort Worth (1986) for the provision of residential
Solid Waste Services to Private Communities upon written agreement with the City.
DISCUSSION:
Since the implementation of the new solid waste services program in 2003, several private communities
have requested City Household Collection Service. However, certain issues such as infrastructure and
accessibility have arisen. Where collection services can be feasibly provided in a manner substantially the
same as the current service provided to single-family residential areas, Environmental Management has
agreed to provide service. When service can not be provided in a similar manner, Environmental
Management has declined providing service. In an effort to formalize this process and to maintain
consistency with similarly situated customers, an amendment to the City's Code provisions related to Solid
Waste and Recycling is needed. The changes to Chapter 12.5, Article VIII of the City Code reflect
modification to the solid waste service plan.
Substantive changes to the City Code are: Section 12.5-800 "Definifions" provides for the definition of a
Private Community to be private condominium and/ar 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.
Section 12.5-821 "City Household Collection Service" subparagraph (b) is amended to reference an option
for residential solid waste collection service to be provided to Private Communities by the City; and
Section 12.5-821 "City Household Collection Service" subparagraph (f) is added to allow a Private
Community to request collection services from the Director of Environmental Management upon proof that
its infrastructure is or shall be designed, constructed and maintained in a way that would allow for such
service. After consideration, the Director may enter into a written agreement for such service.
Section 12.5-840 "Deposits" is amended to require a Private Community with a written agreement for City
collection service to make a minimum deposit equal to the existing deposit rate for residential units
multiplied by the total number of households in the Private Community.
Administrative changes to the City Code relating to the procedure to request service and the appeal
process have also been made.
FISCAL INFORMATIONICERTIFICATION:
http://www.cfwnet.org/council.packet/Repoils/mc print.asp >> 11i 1�-7/17/2007
EXH
2�
Eby
X �`s'O
X
X
•
•�
X ��OS�
X
cpM1
X
\X
X
X
X
X
�� ��
�T B RIVERWOOD
�:
v
s
RIVERWELL
w
RI\/ERMOOR
RIVERWAY
0
N
Page I of 2
City of Fort Worth, Texas
Mayor and Council G
SUBJECT:
Adopt an Ordinance Amending Chapter 12.5, Article VIII "Solid Waste and Recycling" of the City
Code for the Provision of Residential Solid Waste Services to Private Communities
RECOMMENDATION,
t is recommended - City Council adopt the attached ordinance amending Chapter
i • Waste and - • of - Code of the City of Fort • i i • for provision of residential
• • Waste Services to Private Communities uponagreement - Cityo
DISCUSSION:
Since the implementation of the new solid waste services program in 2003, several private communities
have requested City Household Collection Service. However, certain issues such as infrastructure and
accessibility have arisen. Where collection services can be feasibly provided in a manner substantially the
same as the current service provided to single-family residential areas, Environmental Management has
agreed to provide service. When service can not be provided in a similar manner, Environmental
Management has declined providing service. In an effort to formalize this process and to maintain
consistency with similarly situated customers, an amendment to the City's Code provisions related to Solid
Waste and Recycling is needed. The changes to Chapter 12.5, Article VIII of the City Code reflect
modification to the solid waste service plan.
Substantive changes to the City Code are: Section 12.5-800 "Definitions" provides for the defini#ion of a
Private Community to be private condominium andlor #own 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.
Section 12.5-821 "City Household Collection Service" subparagraph (b) is amended to reference an option
for residential solid waste collection service #o be provided to Private Communities by the City; and
Section 12.5-821 "City Household Collection Service" subparagraph (f) is added to allow a Private
Community to request collection services from the Director of Environmental Management upon proof that
its infrastructure is or shall be designed, constructed and maintained in a way that would allow for such
service. After consideration, the Director may enter into a written agreement for such service.
Section 12.5-$40 "Deposits" is amended to require a Private Community with a written agreement for City
collection service to make a minimum deposit equal to the existing deposit rate for residential units
multiplied by the total number of households in the Private Community.
Administrative changes to the City Code relating to the procedure to request service and the appeal
process have also been made.
FISCAL INFORMATlONlCERTlFlCATION:
http://www. cfivnet, org/counci packet/Reports/zz�c�rznt, asp 7I17I2007
Page 2 of 2
The Finance Director certifies that this action will have no material effect on City funds.
TO FundlAccounttCenters
FROM FundlAccount/Cen#ers
Submitted for City Manager's Office by_ Libby Watson (6183}
Qrigina#ing Depar#meat Head: Brian Boerner (6647)
Additional lnforma#ion Contact: Brian Boerner (5153)
http://www.cf�nmet.orgicouncil�acket/Reports/mc_print.asp 7/l7/2007