HomeMy WebLinkAboutContract 35505 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
CONTRACT FOR COLLECTION AND RECYCLING OF MIXED OFFICE PAPER
FROM CITY FACILITIES
THIS CONTRACT is made and entered into by and between the City of Fort Worth, a
home-rule municipal corporation in Tarrant County, Texas, acting herein by and through Libby
Watson, its duly authorized Assistant City Manager, hereinafter called "City", and Mid-America.
Recycling Company, a Delaware corporation located at 2742 E. Market Street, Des Moines,
Iowa, doing business in Texas as Vista Fibers of Fort Worth, acting herein by and through Roy
Dooley, its duly authorized General Manager and Brian Meng, its duly authorized President,
hereinafter called"Contractor."
THIS CONTRACT shall be for the collection and recycling of Mixed Office Paper,hereinafter
Paper,from City facilities as identified in Attachment B.
KNOW ALL BY THESE PRESENTS:
1.
DEFINITIONS
In this Contract,the following words and phrases shall be defined as follows;
Affiliate shall mean any parent,subsidiary,or any other entity controlling, controlled by,or
under common control of Contractor.
Applicable Law shall mean any statute, law, constitution, charter, ordinance, resolution,
judgment, order, decree, rule, regulation, directive, interpretation, standard or similarly binding
authority, which in any case, shall be enacted, adopted, promulgated, issued or enforced that
relates.to or affects the City, the Contractor, or the performance by a party of its obligations
hereunder.
City shall mean the City of Fort Worth,Texas.
Collection Services shall mean removal of Mixed Office Paper from the City's facilities as
described in Attachment A for transport elsewhere, or cause such to be done for the purposes of
being recycled and not deposited into a landfill.
Contract shall mean this document and the Contractor's response to the RFP and all
Attachments to this document. Should there be any inconsistency between the terms of the
Contract and the Response to the RFP,the Contract terms shall prevail.
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Contractor shall mean Mid America Recycling Company d/b/a Vista Fibers of Fort Worth.
DEM shall mean the City's Department of Environmental Management.
Director shall mean the Director of DEM the Director's designated representative.
ISRI shall mean Institute of Scrap Recycling Industries.
Paper shall mean mixed paper as described in the ISRI Scrap Specifications Circular and shall
include cardboard.
Person shall mean any individual, partnership, co-partnership, firm, company, corporation,
association,joint stock company, trust, estate, governmental entity, or any other legal entity; or
their legal representatives,agents, or assigns. This definition includes all governmental bodies.
Recyclables shall mean material that has been recovered or diverted from the non-hazardous
Solid Waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of
which is consistently used in the manufacture of products, which may otherwise be produced
using raw or virgin materials. Recyclables are not Solid Waste. However, Recyclables may
become Solid Waste at such time, if any; as it is abandoned or disposed of rather than recycled,
whereupon it will be Solid Waste with respect only to the party actually abandoning or disposing
of the material.
Cart shall mean a leak-proof container with attached lid and wheels that will allow the collection
of Recyclables and their residue provided for by the City.
RFP shall mean the Request for Proposals Project: DEM07-02:1HR and all ancillary documents
of the RFP and Contractor's proposal.
Ton shall mean a short ton of 2000 pounds.
Uncontrollable Circumstances includes "unanticipated events," and shall mean any act, event
or condition (excluding those which result from the willful or negligent action or inaction of a
party) occurring during the term that has, or may reasonably be expected to have, a material and
adverse effect on a right or an obligation of either or both parties to this Contract, if such act,
event or condition is beyond the reasonable control of the party relying thereon as justification
for not performing under this Contract. Uncontrollable Circumstances shall include but is not
limited to the following an act of God, landslide, lightning, earthquake, fire, explosion, flood,
nuclear radiation, acts of a public enemy or terrorist, war, blockade, insurrection, riot or civil
disturbance or any similar occurrence, or a condemnation or other taking by or on behalf of any
public,quasi-public or private entity,but not including reasonably anticipated weather conditions
for the geographic area of the City;
Uncontrollable Circumstances shall not include:
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(1) insolvency or inability to pay any amount;
(2) inability to obtain any letter of credit, surety bond, payment or any other
security required by this Contract;
(3) a public or private labor dispute relating to the collection, transportation,
processing or disposal of Recyclables, including a dispute related to
Contractor's labor force.
Yellowsheet shall mean the Official Board Markets (OBM), a weekly publication that contains
the"Transacted paper stock prices",on which fiber revenue is based.
2.
SCOPE OF CONTRACTOR'S SERVICES
Contractor hereby covenants and agrees to diligently and faithfully perform the services
listed below (hereinafter "Collection Services"). These Collection Services shall include the
fiunishing of all labor, tools, equipment, materials, insurance, supervision and all other items
necessary to the performance of such work and services.
A. Collection Services
1. Collect and recycle Paper in various City buildings at the most cost-effective method
possible and provide a revenue stream to the City that is indexed to the 2nd issue of
the current month OBM Yellowsheet for the Southwest USA Area.
2. Provide collection and recycling of Paper from City-provided Ninety-Six (96) gallon
Carts at various locations in City buildings as described in Attachment A beginning
July 1,2007. The Contractor must empty or swap out the Carts and return the Carts to
the specified storage area on the same day as directed by the Director.
3. Provide additional collection services as deemed necessary by the Director such as
collections for file clean outs, the annual book sale and the annual telephone book
recycling program,"Project ReDirectory".
4. Include additional City locations as deemed necessary by the Director.
5. Provide monthly accountability of Tonnage collected to the Director or his
representative by email in Excel format within fifteen (15) calendar days of the
following month for the previous month's service. Proper weight documentation
must accompany the hard copy of the monthly report. A single page letter prepared
on the Contractor's letterhead must also accompany the monthly report documenting
that all materials collected were transported to a state approved recycling facility.
6. The Contractor shall provide invoices and/or revenue statements within fifteen (15)
calendar days of the close of the month. Payment from or to the Contractor shall be
made within thirty(30)days of the invoice or report.
7. Coordinate with the Director or his Representative for the efficient performance of
this Contract.
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B.Designated Service Area
All collections under the terms of this Contract shall be as shown in Attachment B. The
designated service area may be enlarged from time-to-time by the Director.
3.
SCOPE OF CITY SERVICES
The City agrees to perform the following services:
A. Notify the Contractor of Carts to be added or dropped from the Contractor's services or a
change in service and perform any/all Cart maintenance at the City's designated facility.
B. Timely review and respond, if necessary,to reports submitted by Contractor.
C. Make timely payments per Section 2(A)(7) after review and approval of invoices
submitted by the Contractor.
D. Monitor the personnel standards as described in the terms of this Contract.
E. Provide educational material as determined by the Director to the City's employees to
educate employees on the proper way to set out Recyclables for collection under the
terms of this Contract.
F. Work cooperatively with Contractor to resolve customer service issues.
G. Review and approve any change to service dates.
4.
TERM
The term of the Contract shall be for a period of three (3) years commencing on the date
this Contract is signed by both parties. City shall have the right to extend this Contract for up to
two (2) consecutive three (3) year renewal terms, provided City and Contractor agree to extend
this Contract in writing at least thirty (34) days prior to the end of the initial term or the then
current renewal term. All renewals shall have the same terms, conditions and fees as set forth
herein,unless agreed to otherwise in writing by both parties in an amendment to this Contract.
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5.
PAYMENT
For and in consideration of the Collection Services performed in accordance with this
Contract, City agrees to pay Contractor as follows:
A. The collection cost per Ton of Paper collected by the Contractor shall be Fifty-Five
Dollars ($55.00).
B. The City shall receive a revenue share (rebate rate) for each Ton of Paper collected by the
Contractor based on the Hi-SW current month issue of the Yellowsheet 2nd issue for
Mixed Paper. On a monthly basis, the Contactor shall deduct the collection cost from any
revenue due the City and remit or invoice the City for the difference as provided for in
this Contract.
Example with rebate due City:
Total Tons Collected 70.5
Mixed Paper assumed rebate rate($60.00/Ton): $60.00 x 70.5 Tons=$4,230.00
(minus) Cost for Collection&Processing.- $55.00 x 70.5 Tons=$3,877.50
Total Rebate due City of Fort Worth $ 352.50
Example with payment due Contractor:
Total Tons Collected 70.5
Mixed Paper assumed rebate rate($30.00/Ton): $30.00 x 70.5 Tons =$2,115.00
(minus) Cost for Collection&Processing: $55.00 x 70.5 Tons =$3,877.50
Total Collection Fee Due Contractor: $1,762.50
C. Pursuant to this Contract,the not-to-exceed amount for the payments as outlined in
subsection B.above, shall be Thirty Thousand Dollars($30,000.00)per year.
D. Payment shall be made to the Contractor within thirty (30) days from receipt and
approval by the City of the Contractor's final monthly statement of services provided and
Contractor's invoices as provided herein.
E. All hourly rates and all daily rates shall be adjusted beginning on October 1, 2007 and
annually thereafter at the end of each contract year during the term of this Contract, in the
manner as reflected in the adjustment schedule included in this Contract as Attachment B.
Contractor shall submit documentation of the payment adjustment criteria to the City
along with its annual request for the rate adjustment.
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6.
SERVICE SCHEDULE AND HOLIDAYS
A. The collection of Paper from City buildings shall occur at each facility listed in
Attachment B throughout the term of this Contract. The collection for these facilities
shall be fixed according to a schedule which shall be filed with the Director and updated
as necessary.
B. The following Days shall be observed as holidays: New Year's Day, Thanksgiving Day
and the Friday following Thanksgiving Day, and Christmas Day. If a collection falls on
one of these days, service must be provided the following workday, or as otherwise
agreed upon by the Director. These holidays may be changed upon the determination of
the Director. Collection shall be provided every scheduled Day, including bad weather
days,unless the Director informs Contractor of a suspension of service.
7.
PERSONNEL STANDARDS
A. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical and
other personnel as may be necessary to provide the services required in a safe,
economical and efficient manner. All drivers shall be trained and qualified in the
operation of waste collection Vehicles and must have in effect a valid commercial drivers
license,of the appropriate class,issued by the Texas Department of Public Safety.
B. Contractor shall provide suitable operational and safety training for all of its employees
who utilize or operate Vehicles or equipment for collection of materials under the
Contract. Contractor shall train its employees in Solid Waste collection to identify, and
use reasonable effort not to collect Hazardous Waste or infectious Medical Waste.
C. Contractor shall not, nor shall it permit its employees to, demand or solicit, directly or
indirectly, any additional compensation or gratuity from members of the public for
services provided under the Contract.
D. Contractor shall use its best efforts to assure that all employees present a neat appearance
and conduct themselves in a courteous manner. Contractor shall regularly train its
employees in customer courtesy, shall prohibit the use of loud or profane language, and
shall instruct collection crews to perform the work as quietly as possible. If any
employee is found not to be courteous or not to be performing services in the manner
required by the Contract, Contractor shall take all appropriate corrective measures. If
City has notified Contractor of a complaint related to discourteous or improper behavior,
Contractor will consider reassigning the employee to duties not entailing contact with the
public while Contractor is pursuing its investigation and corrective action process.
E. Contractor shall designate qualified employees as supervisors of field operations.
Supervisors will be in the field inspecting Contractor's work and will be available by
radio or phone during the Contractor's hours of operation to handle calls and complaints
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from the City, or to follow up on problems and inspect Contractor's operations.
F. All employees of the Contractor performing work under the Contract shall be uniformed,
showing their association with the Contractor while operating in the field. Contractor
shall provide a list of current employees, contractors and subcontractors to City upon
request.
8.
MWBE REQUIREMENTS
MWBE participation has been waived for this Contract.
9.
EVENTS OF DEFAULT BY CONTRACTOR
A. The following shall constitute events of default on the part of the Contractor except to the
extent caused by the occurrence of an Uncontrollable Circumstance or City's fault unless
otherwise specified herein:
1. Failure by the Contractor to perform any Material Obligation of Contractor under the
terms of this Contract,and continuance of such failure after(i)written notice thereof
has been provided by the Director specifying such failure and requesting that such
condition be remedied, and(ii)Contractor's failure to cure the default or immediately
initiate and diligently pursue reasonable action and cure such non performance within
fifteen(15)Days after receiving notice from the Director(provided, if such failure is
of a nature that it cannot be cured within such fifteen(15)day period,Contractor shall
not be in default if Contractor commences the curing of such failure within such
fifteen(15)day period,and diligently pursues the curing thereof and both City and
Contractor agree that the failure cannot be cured in fifteen(15)Days); or
2. The Contractor being insolvent or bankrupt or ceasing to pay its debts as they mature
or making an arrangement with or for the benefit of its creditors or consenting to or
acquiescing in the appointment of a receiver trustee,or liquidator for a substantial
part of its property;or a bankruptcy,winding up,reorganization,insolvency,
arrangement, or similar proceeding instituted by the Contractor,under the laws of any
Governmental Body or against the Contractor, if the Contractor does not take the
appropriate action to dismiss said proceedings;which proceedings have not been
dismissed within ninety(90)Days of the institution of such proceedings;or any
action or answer by the Contractor approving,consenting to,or acquiescing in, any
such proceedings;or the event of any distress, execution,or attachment upon the
property of the Contractor which shall substantially interfere with its performance
hereunder;or
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3. The following acts or omissions by the Contractor shall constitute failure to perform a
Material Obligation of Contractor under this Contract:
a. Failure of Contractor to commence work operations within the time specified
in the Contract.
b. Failure of Contractor to provide and maintain sufficient labor,Vehicles and
equipment or licenses,permits and necessary approvals from City or a third
party to properly and legally execute the working operations.
c. Evidence that Contractor has abandoned the work.
d. Evidence that Paper was deposited at a landfill instead of being recycled.
e. Evidence that Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the work satisfactorily.
f. Failure on the part of Contractor to comply with any material requirements of
the Contract such as failure to maintain insurance or the Performance Bond or
to comply with any of the Director of Environmental Management's material
requirements which are provided for in this Contract.
g. Indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due thereof for the benefit of any creditor or for any
other purpose.
h. Failure to supply complete and accurate information as required in this
Contract.
i. Failure to indemnify the City as required herein.
j. Falsifying records or reports to the City, State or Federal governments.
k. Failure to comply with Applicable Law that affects Contractor's ability to
perform this Contract as reasonably determined by the Director.
B. City shall, as soon as practical, notify Contractor of any failure on the Contractor's part to
comply with the terms of this Contract. After receipt of notice from the City of an event
of default set forth in Section 14.A above, Contractor shall acknowledge receipt of such
notice by telephone, facsimile, or email within four (4) hours. Contractor shall provide
the City with verbal notice of what corrective action has or shall be taken by the
Contractor and shall follow up with written notice describing the same along with any
additional relevant information, within forty-eight (48) hours. Failure to provide
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acknowledgement of receipt of notice, or plan of corrective action, within the above
mentioned time period(s)shall constitute an event of default by the Contractor.
10.
EVENTS OF DEFAULT BY CITY
A. The following shall constitute events of default on the part of the City,except to the
extent excused by the occurrence of an Uncontrollable Circumstance or Contractor's fault
unless otherwise specified herein:
1.A failure by City to timely perform any Material Obligation as specified in the City
Scope of Services in Section 3 under the terms of this Contract,and the continuance of
such failure for a period of sixty(60)Days after written notice thereof has been provided
by the Contractor specifying such failure and requesting that such condition be remedied
if City does not either cure the default or initiate and diligently pursue reasonable actions
to cure such non-performance;or
2. City being insolvent or bankrupt or ceasing to pay its debts as they mature or making
an arrangement with or for the benefit of its creditors or consenting to or acquiescing in
the appointment of a receiver,trustee or liquidator for a substantial part of its property;or
a bankruptcy,winding up,reorganization,insolvency,arrangement or similar proceeding
instituted by City under the laws of any jurisdiction or against City,if City does not take
appropriate action to dismiss said proceedings,which proceedings have not been
dismissed within ninety(90)Days of the institution of such proceedings; or any action or
answer by City,approving of,consenting to,or acquiescing in,any such proceedings;or
the levy of any distress,execution or attachment upon the property of City, which shall
substantially interfere with its performance hereunder.
B. Contractor shall, as soon as practical, notify City of any failure on the City's part to
comply with the terms of this Contract. After receipt of notice from the Contractor, City
shall acknowledge receipt of such notice and shall promptly provide the Contractor with
notice of what corrective action has or shall be taken by the City, within a reasonable
time, in light of the circumstances. Failure to promptly provide acknowledgement of
receipt of notice, or notice of planned corrective action, shall constitute an event of
default by the City.
11.
COMPLAINTS AND NON-PERFORMANCE
A. All service complaints received shall be directed to Contractor and Contractor shall take
steps for the compliant to be resolved (or resolution initiated) within twenty-four (24)
hours, excluding non-working days and hours. When a complaint is received on the day
preceding a holiday or a weekend, it shall be promptly serviced on the next calendar day.
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B. The Director shall notify Contractor of each complaint reported to the City throughout
each day. It shall be the duty of Contractor to take whatever steps may be necessary to
remedy the cause of the complaint and notify the Director of its disposition within
twenty-four(24)hours after receipt of the complaint by Contractor.
C. Contractor shall provide the Director with a full explanation of the disposition of any
complaint involving a claim of damage to City property or personal injury as the result of
actions of Contractor's employees, agents, or subcontractors as soon as possible, with
additional information provided as requested by the Director and shall also include such
information in the monthly report to the City.
12.
UNCONTROLLABLE CIRCUMSTANCES
A. Uncontrollable Circumstance affecting Contractor's Obligations.
Contractor shall be excused for the failure to perform its obligations under the terms of
this Contract if such failure results from the occurrence of an Uncontrollable
Circumstance. Contractor shall seek diligently and in good faith to perform its
obligations, notwithstanding the occurrence of an Uncontrollable Circumstance, to
mitigate the adverse effects of an Uncontrollable Circumstance, and to overcome an
Uncontrollable Circumstance as soon as practicable.
B. Uncontrollable Circumstance affecting Ci 's Obligations.
City shall be excused for the failure to perform its obligations under the terms of this
Contract if such failure results from the occurrence of an Uncontrollable Circumstance.
City shall seek diligently and in good faith to perform its obligations,notwithstanding the
occurrence of an Uncontrollable Circumstance, to mitigate the adverse effects of an
Uncontrollable Circumstance, and to overcome an Uncontrollable Circumstance as soon
as practicable.
C. Notice of an Uncontrollable Circumstance.
Contractor shall provide verbal notice of an Uncontrollable Circumstance to the Director
within twenty-four (24) hours of the Contractor's knowledge of such Uncontrollable
Circumstance and Contractor shall follow up with written notification within three (3)
Days of the Contractor's knowledge of such Uncontrollable Circumstance. Such notice
shall, at a minimum, set forth the following (to the extent then known or available, or if
not, as soon as practicable thereafter, a separate notice shall provide such information not
provided in the first notice):
1. a description of the Uncontrollable Circumstance that has occurred;and
2. the effect, if any, of such Uncontrollable Circumstance on Contractor's
performance or other obligations under this Contract.
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D. Reinstatement of Ability to Perform.
After the resolution of an Uncontrollable Circumstance and the restoration of Collection
Services, the Contractor shall provide written notice of a reinstatement of Collection
Services. The City shall reinstate the Collection Services (or shall cause reinstatement
of)unless this Contract shall have been previously terminated as provided herein.
E. Uncontrollable Circumstance.
Neither Contractor nor the City shall be liable for the failure to perform their duties nor
for any resultant damage, or loss, if such failure is caused by Uncontrollable
Circumstances. If such Uncontrollable Circumstances persists for more than fifteen(15)
calendar days, or if after its [their] cessation, the Contractor is unable to render full or
substantial performance for a period of fifteen(15)calendar days,the City may terminate
this Contract by giving Contractor ten(10)calendar days advance written notice.
13.
TERMINATION
All work and services of this Contract may be suspended on written order of the Director
of Environmental Management or the City Manager, or the Contract may be declared terminated
by the City Council for any event of default by Contractor or Contractor's failure to perform a
Material Obligation of this Contract;provided,the City has provided Contractor written notice of
such action or inaction constituting grounds for such suspension or termination, and (ii)
Contractor fails to cure such alleged action or inaction within five (5) calendar days of
Contractor's receipt of such notice. If such event of default is of a nature that it cannot be cured
within such five(5)calendar day period,the City will not take action to suspend or terminate this
Contract provided Contractor commences the curing of such action or inaction within the five(5)
calendar day period and diligently pursues the curing thereafter,as determined by the Director.
A copy of any suspension order or action of the City Council shall be served on
Contractor's surety. When work is suspended for any cause or causes, or when the Contract is
terminated, Contractor shall discontinue the work or such part thereof as the City shall designate,
whereupon the surety may, at its option, assume the Contract or that portion thereof which the
City has ordered Contractor to discontinue, and may perform the same or may, with the written
consent of the City,sublet the work or that portion of the work as taken over;provided,however,
that the surety shall exercise its option and begin performance of the work, if at all, within five
(5) Days after the written notice to discontinue the work has been served upon Contractor and
upon the surety or its authorized agent.The surety, in such event, shall assume Contractor's place
in all respects and shall be bound by all the terms and conditions of this Contract. Surety shall be
paid by the City for all work performed by it in accordance with the terms of the Contract.
In case the surety does not, within the above-specified time, assume the Contract
responsibilities, or that portion thereof which the City has ordered Contractor to discontinue,
then the City shall have the power to perform and complete, by contract or otherwise, as it may
determine, the work herein described or such part thereof as it may deem necessary, and
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Contractor agrees that the City shall have the right to procure equipment, labor and materials
necessary for the completion of the work. The City shall not be required to obtain the lowest bid
for the work of completing the Contract, but the expense to the City for same shall be the actual
cost to the City of such work.
In case such expenses shall exceed that amount which would have been payable under the
Contract if the same had been fully completed by the Contractor, then the Contractor and its
surety shall pay the amount of such excess to the City on notice from the City of the excess due.
When any particular part of the work is being carried on by the City by contract or otherwise,
under the provisions of this section, the Contractor shall continue the remainder of the work in
conformity with the terms of the Contract.
In all instances,Contractor and surety shall be liable for all costs incurred by City during
the period after notice to discontinue the work has been served upon Contractor and the surety
until such time as City either has elected to prosecute the work of this Contract itself or has
replacement contractors in place to prosecute the work with or without additional City forces.
14.
INDEPENDENT CONTRACTOR
It is expressly understood and agreed that 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 Contractor 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 Contractor, its officers, agents,employees, contractors and subcontractors; and
that nothing herein shall be construed as creating a partnership or joint enterprise between City
and Contractor.No person performing any of the work and services described hereunder shall be
considered an officer,agent, servant or employee of the City.
15.
INDEMNIFICATION
A. 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 ERROR,
OMISSION, DEFECT, OR DEFICIENCY OF CONTRACTOR IN ACCORDANCE
WITH THIS CONTRACT.
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B. 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, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONTRACTOR
C. 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.
D. 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.
E. 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.
F. 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.
16.
INSURANCE
Contractor shall not commence work under this Contract until it has obtained all
the insurance required under the Contract, and such insurance has been approved by the
City. Contractor shall keep the required insurance in force throughout the term of this
Contract.
A. WORKERS'COMPENSATION INSURANCE: Contractor shall maintain,during the
term of this Contract, Workers' Compensation Insurance at statutory limits on all of
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its employees to be engaged in work under this Contract, and for all subcontractors.
Employer's Liability (EL) Insurance shall also be maintained, at minimum limits as
follows: $100,000 disease each employee/per occurence/$500,000 disease policy
limit and$100,000. each accident/occurrence.
B. GENERAL LIABILITY INSURANCE (CGL): Contractor shall procure and shall
maintain during the term of this Contract a Commercial General Liability Insurance
Policy at a minimum limits as One Million Dollars($1,000,000)per occurrence.
C. AUTOMOBILE INSURANCE: Contractor shall procure and maintain during the
term of this Contract Comprehensive Automobile Liability Insurance covering all
Vehicles involved with Contractor's operations under this Contract. The minimum
limits of liability coverage shall be in the amount of One Million Dollars
($1,000,000) per accident combined single limit, Uninsured/Underinsured Motorist:
$20,000 Bodily Injury each person, $40,000 Bodily Injury each accident; $15,000
Property Damage each accident. The City of Fort Worth shall be named an Additional
insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability
for damage occurring while loading, unloading and transporting materials collected
under the Contract shall be included under this policy.
The following shall pertain to all applicable policies of insurance (A. through C.)listed above:
1. Additional Insured Clause: "The City of Fort Worth, its officers, agents,
employees, and volunteers shall be named as Loss Payee and as additional insured
as respects operations and activities of, or on behalf of the named insured,
performed under Contract with the City of Fort Worth." Exception...the
additional insured requirement does not apply to Workers' Compensation
policies.
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 this 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,
cancelled or non renewed, until after forty-five (45) days prior written notice has
been given to the City of Fort Worth." Note: Written notice can be by Contractor
or insurance company.
CONTRACT FOR IN HOUSE COLLECTION SERVICES
CRL 07,02.07v5
14
5. The insurers for all policies must be licensed/approved to do business in the State
of Texas. Except for workers' compensation, all insurers must have a minimum
rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk
Management is required.
6. The deductible or self-insured retention (SIR) affecting required insurance coverage
shall be acceptable to and approved in writing by the Risk Manager of the City of
Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional
insurance, alternative coverage maintained through insurance pools or risk retention
groups,must also approved by the City's Risk Manager.
7. Wavier of rights of recovery(subrogation)in favor of the City of Fort Worth.
8. Such insurance policies shall be primary, without right of contribution and not subject
to any offset by any other insurance carried by the City or the Contractor.
9. If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any differences is required. Excess Liability shall
follow the form of the primary coverage.
10.Unless otherwise stated, all required insurance shall be written on the occurrence
basis. If coverage is underwritten on a claims-made basis, the retroactive date shall
be coincident with or prior to the date of the contractual agreement and the certificate
of insurance shall state that the coverage is claims-made and the retroactive date. The
insurance coverage shall be maintained for the duration of the contractual agreement
and for five (5) years following completion of the service provided under the
contractual agreement or for the warranty period, whichever is longer. An annual
certificate of insurance submitted to the City shall evidence such insurance coverage.
11.The City,at its sole discretion,reserves the right to review the insurance requirements
and to make reasonable adjustments to insurance coverages and their limits when
deemed necessary and prudent by the City based upon changes in statutory law,court
decision or the claims history of the industry as well as of the contracting party to the
City. In the event the City requires the insurance limits to be increased or changes in
policy categories or types of coverage, the City shall provide written notice to the
contracting party. The contracting party will have ninety (90) days from the date of
notice to comply with the additional requirements
12. The City shall be entitled, upon request and without expense, to receive copies of
policies and endorsements thereto and may make any reasonable requests for deletion
or revision or modifications of particular policy terms, conditions, limitations, or
exclusions except where policy provisions are established by law or regulations
binding upon either of party or the underwriter on any such policies.
CONTRACT FOR IN HOUSE COLLECTION SERVICES
CRL 07.02.07v5
15
..�__._. •` a�,� � '`.t
17.
LICENSES.PERMITS AND FEES
Contractor agrees to obtain and pay for all licenses, permits, certificates, inspections and
all Governmental Approvals and other fees required by Applicable Law or otherwise necessary
to perform the services prescribed hereunder. Contractor shall also pay, at its own expense, all
fees necessary to the collection and removal of Mixed Office Paper and its residuals.
18.
HEALTH AND SANITATION
Contractor shall establish and enforce in its operations and among its employees such
regulations in regard to cleanliness and sanitation in the collection, recycling and transport of
Paper as will tend to prevent the inception and spread of disease and to effectively prevent the
creation of a nuisance on any property either public or private.
19.
CUMULATIVE REMEDIES
The rights and remedies granted in this Contract 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 Contract. 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.
20.
REMEDIES FOR BREACH
The parties agree that, except as otherwise provided herein with respect to termination, in
the event that either party breaches this Contract, the other party may exercise any legal rights it
has under this Contract under the security instruments and under Applicable Law to recover
damages or to secure specific performance, and that such rights to recover damages and to secure
specific performance shall ordinarily constitute adequate remedies for any such breach. Neither
party shall have the right to terminate this Contract for cause except upon the occurrence of an
event of default unless otherwise stated herein.
21.
NO WAIVER OF RIGHTS
No failure by the City or by the Contractor to insist upon the strict performance of any
term, covenant, agreement, provision, condition or limitation of this Contract or to exercise any
right or remedy hereunder, and no acceptance by the City of full or partial payment during the
continuance of any such breach, shall constitute a waiver of any such breach or of such term,
covenant, agreement, provision, condition or limitation. No term, covenant, agreement,
provision, condition or limitation of this Contract to be kept, observed or performed by the City
CONTRACT FOR IN HOUSE COLLECTION SERVICES
CRL 07.02.07v5
16
or by the Contractor, and no breach thereof, may be waived, altered or modified except by a
written instrument executed and acknowledged by and delivered to the City and the Contractor.
No waiver of any breach shall affect or alter this Contract, but each and every term, covenant,
agreement, provision, condition and limitation of this Contract shall continue in frill force and
effect with respect to any other then existing or subsequent breach thereof. This Contract may be
terminated only by a written instrument of termination executed by the appropriate party and
delivered to the non-terminating party (except by expiration of the term of this Contract).
22.
SURVIVAL OF CERTAIN PROVISIONS UPON TERMINATION
All representations and warranties of the parties contained in this Contract, the
Contractor's indemnity obligations in this Contract with respect to events that occurred prior to
the termination, the rights and obligations of the parties hereto pursuant to all other provisions of
this Contract that so provide shall survive the termination of this Contract. No termination of
this Contract shall (1) limit or otherwise affect the respective rights and obligations of the parties
hereto accrued prior to the date of such termination, or(2)preclude either party from impleading
the other party in any legal proceeding originated by a third-party as to any matter occurring
during the term of this Contract.
23.
RIGHT TO AUDIT
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 and Guarantor 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.
24.
GOVERNMENTAL POWERS AND IMMUNITIES
It is understood and agreed that, by execution of this Contract, City does not waive or
surrender any of its governmental powers or immunities. Contractor acknowledges that.the City
is a Governmental Body and as such has certain rights, powers and duties that may affect the
Contractor's rights or obligations under the Contract. The Contractor agrees that no action by the
City acting in its governmental capacity shall be construed as a breach or default by the City
under this Contract, nor shall any such action excuse the Contractor from performance of its
obligations under this Contract; provided, however, if such action constitutes an Uncontrollable
CONTRACT FOR IN ROUSE COLLECTION SERVICES
CRL 07.02.07v5
17
Circumstance, the Contractor may assert any rights it may have under this Contract as is
permitted for any other Uncontrollable Circumstance.
25.
COMPLIANCE WITH LAWS
Contractor, 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 of Fort Worth. It is agreed and understood that, if
City calls the attention of Contractor to any such violations on the part of Contractor, its officers,
agents, employees, contractors or subcontractors, then Contractor shall immediately desist from
and correct such violation.
26.
DISCRIMINATION PROHIBITED
Contractor, in the execution, performance or attempted performance of this Contract;
shall not discriminate against any person or persons on any unlawful basis. This Contract is made
and entered into with reference specifically to Article III of Chapter 17 of the Code of the City of
Fort Worth(1986), as amended, an ordinance prohibiting discrimination, and Contractor hereby
covenants and agrees that it has fully complied with all provisions of same and that no employee
or employee-applicant has been discriminated against or will be discriminated against by
Contractor in violation of said ordinance. Contractor warrants that it is an equal opportunity
employer.
In addition, Contractor, in the execution, performance or attempted performance of this
Contract, shall not discriminate on any prohibited basis and shall fully comply with all other
applicable federal, state and local laws concerning discrimination.
27.
NON-ASSIGNMENT
Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the Contract
or the rights,title, or interest in or to the same or any part thereof without the previous consent of
the City Council with concurrence of the surety. In the event Contractor does, without such
previous consent, assign, transfer, sublet, convey or otherwise dispose of the Contract or of the
right, title or interest therein or any part thereof, City may, at its discretion, terminate the
Contract in accordance with Section 20 hereof. Consent will not be withheld unreasonably in the
case of a proposed assignment to an Affiliate of Contractor, but may be withheld for any reason
or for no reason in the case of a proposed assignment by Contractor to a non-Affiliate,provided
that Contractor, Guarantor and surety shall not be released from their respective obligations
hereunder. In the event of an assignment of any duty required under this Contract, Contractor
and Guarantor shall assume responsibility for performance of that duty including all liabilities
CONTRACT FOR IN HOUSE COLLECTION SERVICES
CRL 07.02.07v5
18
pursuant to this Contract. The City may not assign its rights and privileges under this Contract
without the prior written consent of the Contractor which shall not be unreasonably withheld.
28.
SUCCESSORS AND ASSIGNS
All of the terms, covenants, and agreements contained herein shall be binding upon and
shall inure to the benefit of successors and assigns of the respective parties hereto.
29.
NOTICES
Any notices (unless otherwise specified herein), 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: Kim Mote,Assistant Director
Solid Waste Services Division
Department of Environmental Management
City of Fort Worth
4100 Columbus Trail
Fort Worth,Texas 76133
With a copy to City Attorney's Office
1000 Throckmorton Street
Fort Worth,Texas 76102
If to the Contractor: General Manager
Vista Fibers of Fort Worth
1100 N.E. 23rd Street
Fort Worth,TX 76106
With a copy to President
Mid-America Recycling Company
2742 E.Market Street
Des Moines,Iowa 50317
CONTRACT FOR IN HOUSE COLLECTION SERVICES
CRL 07.02.07v5
19
30.
VENUE
Should any action, whether real or asserted, at law or in equity, arise out of the terms and
conditions of this Contract,venue for said action shall be in Tarrant County, Texas.
31.
SAVINGS CLAUSE
In case any one or more of the provisions contained in this Contract 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 Contract; this Contract shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
32.
NON-APPROPRIATION
In the event that no funds or insufficient funds are collected, appropriated and budgeted
or funds are otherwise unavailable for payment of amounts due hereunder by City to Contractor,
City shall notify Contractor and this Contract shall terminate on the last Day of the fiscal period
for which appropriations were made without penalty or expense to City of any kind whatsoever,
except as to the payment of amounts due and payable for which appropriations have been made
for said fiscal period. City covenants that it will provide Contractor as much notice as possible of
this contingency. Provided, however, that this Section 32 is not intended to grant to the City an
independent ground for termination of this Contract separate and apart from any grounds for
termination for non-appropriation or non-availability of funds which would be provided to City
by reason of Tex. Const.Ann. Art. 11, Sec. 5 and 7.
33.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Contract 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 Contract or any amendments or exhibits hereto.
34.
NO THIRD-PARTY BENEFICIARIES
This Contract shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of this
Contract. Each party hereto shall be solely responsible for the fulfillment of its own contracts or
commitments.
CONTRACT FOR IN HOUSE COLLECTION SERVICES
CRL 07.02.07v5
20
35.
NO JOINT VENTURE PARTNERSHIP AGENCY
This Contract will not be construed in any form or manner to establish a partnership,joint
venture or agency, express or implied, nor any employer-employee, borrowed servant or joint
enterprise relationship by and among the parties. The City shall be an independent contractor
and shall be responsible at all times for directing its employees in the course of their duties.
Contractor shall be responsible at all times for directing Contractor's employees in the course of
their duties.
ITNESS WHEREOF, The parties hereto have executed this Contract this .—day
of ,A.D.,2007,in Fort Worth,Tarrant County,Texas.
CITY OF F RT WORTH,TEXAS MID AMERICA RECYCLING COMPANY
D/B/A VISTA FIBER F FORT WORTH
r
Libby Watson Rovecal
ooley
Assistant City Manager Ge Manager,Vist ibers of Fort Worth
Date Signed:_ �-y 3' Date Signed: - -
Brian Meng
President,Mid America Recycling Company
Date Signed: 7-3 -<--'7
CONTRACT FOR IN HOUSE COLLECTION SERVICES
CRL 07.02.07v5
1 [ �
2I
Signature Page for in-House Contract-Page 2
ATTEST: COMPANY'S WITNESS:
Marty Hendrix
City Secretary
APPROVED AS TO FORM CORPORATE SEAL:
AND LEGALITY: Al QN6
ChristdIR.Lopez
J
Assistant City Attorney
Contrac' uthor' zatiolk
Data
CONTRACT FOR IN HOUSE COLLECTION SERVICES
CRL 07.02.07v5
22
N
Attachment A
Cost Adjustment Method
The Rates for Collection, Transportation and Processing under this Contract with the
City will be adjusted by the Contractor for the second and subsequent Contract Years of
the Term of Contract. The Collection, Transportation and Processing Rates will be
adjusted upward or downward annually each contract year to reflect changes in the cost
of operations by the Cost Adjustment Method using indices applicable to Collection,
Transportation and Processing and the methodology as set forth below. The first cost
adjustment date shall be 10/01/2008, and the first Cost Adjustment shall represent
changes in the indices applied herein for the previous fifteen months (calculated by
using indices for the end of June in 2007 and the end of September in 2008). For the
remaining years of the contract calculations, the cost adjustment percentage shall be
calculated using the index numbers for the end of September of the current year minus
the index number for the end of September from the previous year.
All indices used represent either the Employment Cost Index (ECI) or components of
the Producer Price Index (PPI), as published by the U.S. Department of Labor, Bureau
of Labor Statistics (BLS). Since some BLS data are not finalized for several months,
cost adjustments will be applied when data is released and updated if necessary when
numbers used are issued as final. If BLS changes the methodology for calculating ECI
or components of the PPI, which causes historical data used to calculate this cost
adjustment to be restated, such changes shall only apply to future adjustments and not
to adjustments already implemented.
Cost adjustments shall not exceed five (5) percent per year and fifteen (15) percent in
any four consecutive years. As soon as possible after a Cost Adjustment Date,
Contractor shall send to the City a comparative statement setting out the change
determined through the Cost Adjustment Method and the increase or decrease in the
Collection, Transportation and Processing Rates that will be charged by the Contractor.
On the next billing date after the receipt and approval by the City of the comparative
statement showing the calculated change to the Collection, Transportation and
Processing Rates, the City shall pay to the Contractor, or the Contractor shall credit to
the City, as the case may be, a lump sum equal to any increase or decrease applicable
to that portion of the current period which has elapsed, and thereafter, the Collection,
Transportation and Processing Rates charged by the Contractor shall be modified to
reflect any change until the next Cost Adjustment Date, and a comparative statement is
received and approved by the City.
Any fixed pass-through or add-on surcharges or costs, such as State Fees on tonnage,
host municipality benefit fees, or any other government mandated surcharge, shall not
apply to the cost adjustment and will be deducted from the Collection, Transportation
and Processing Rates prior to calculating any annual cost adjustment.
If any index defined herein shall not be determined and published or if any index as it is
constituted on the Contract Date is thereafter substantially changed, there shall be
substituted for such index another index which is determined and published on a basis
substantially similar to the index being replaced as shall be mutually agreed upon by the
City and the Contractor.
Listed below are the indices and Contractor's percentages of the indices that shall
constitute the basis for adjustment of the Collection, Transportation and Processing
Rates under this Contract. The percent of change applied to cost adjustment shall be
carried out to three (3) decimal places without rounding.
Indices and Contractor's Percentage of Each Index to be Applied in
the Cost Adjustment - Collection, Transportation and Processing
Employment Cost Index (50%)
Contractor has designated 50% of Collection, Transportation and Processing Rates to
be adjusted by the ECI, a BLS index separate from PPI. ECI data for "South" shall be
used for the adjustment calculation.
Diesel Fuel (50%)
Contractor has designated 50% of Collection, Transportation and Processing Rates to
be adjusted by the No. 2 Diesel Fuel component in the CPI, which is found under the
CPI under series ID WPU05730302.
Example
Following is an example of the application of these indices for the first adjustment with
Contractor's percentages for cost adjustment. In the example below, a factor of 2.844%
would be applied to Contractor's base Collection, Transportation and Processing Rates
to determine the Collection, Transportation and Processing Rates for the next Contract
Year.
%Applied to
June September Cost
INDEX WEIGHT 30,2007 30,2008 #Change: Change% Adjustment
Employment Cost Index Table 7 South Region 50% 103.5 109.2 5.7 5.51% 2.754%
Diesel Fuel (WPU05730302) 50%1 199.91 208.61 8.71 4.35%1 2.176%
Composite Index Change: 100% 1 4.930%
Cit;� of Fort Worth In-House Rarvt hz Contact List
DEPARTMENT DIVISION NEW SERVICE DAYS BUILDING ADDRESS ZIP CODE Cart STAFF SERVICE #CARTS CONTACT PHONE ALTERNATE
Location/Floor CONTACT(S)
Aviation Meacham Airport 2ND TUESDAY EACH MEACHAM 4201 N Main 76106 20 monthly 1 Dennis Rotzoll 871-5405 George Steen
MONTH AIRPORT St Ste 200 871-5401 or
Paul Valadez
871-5411
City Manager's Office Administration EACH THURSDAY CITY HALL 1000 76102 3 24 weekly 1 Cheryl Smith 392-6109
Throckmorton
St
City Manager's Office Budget and Grants EACH THURSDAY CITY HALL 1000 76102 3 17 weekly 2 Enrique"Junior" 392-8500,
Management Throckmorton Duran-Budget; 392-6357
St Carla Johnson-
Grants
City Managers Office Cable 2ND THURSDAY EACH 401 W 2nd St 76102 15 monthly 3 Jack McGee 871-6169
MONTH
City Manager's Office City Council EACH THURSDAY CITY HALL 1000 76102 3 19 weekly 0 CeCe Thompson 392-6193
Throckmorton
St
City Manager's Office Mayor's Office EACH THURSDAY CITY HALL 1000 76102 3 9 weekly Vickijo Brozovic 392-6214
Throckmorton
St
City Manager's Office MBWE EACH THURSDAY CITY HALL 1000 76102 3 5 weekly 1 Melani Villrreal 3926104
Throckmorton
St
City Manager's Office Organizational EACH THURSDAY CITY HALL 908 Monroe St 76102 4 5 monthly 1 Aaron Cummins 392-8824
Analysis Unit ANNEX Suite 402
City Manager's Office Print Shop,Graphics EACH THURSDAY CITY HALL 1000 76102 lower level 19 weekly 3 Richard Head 392-8602
and Mailroom Throckmorton
St
City Secretary EACH THURSDAY CITY HALL 1000 76102 26 weekly 1 Ron Gonzales 392-6152
Throckmorton
St
Code Compliance Special Projects 1ST TUESDAY EACH 2205 West 76102 29 monthly 1 Esther Alvarado 392-6567
Division MONTH Broadway
Code Compliance 1ST TUESDAY EACH CODE 715 Texas St 76102 15 monthly 2 Esther Alvarado 392-6567
MONTH COMPLIAN
Community Relations Human Relations EACH THURSDAY CITY HALL 908 Monroe St 76102 5 16 monthly 2 Linda Bryant 392-8660 Virginia Meza,
Commission ANNEX 817-392-7562
Community Relations Information Office EACH THURSDAY CITY HALL 1000 76102 1 5 weekly 1 Linda Bryant 392-8660
Throckmorton
St
Credit union Fort Worth City Credit 4TH TUESDAY EACH 2309 76107 35 monthly 2 Bill Gordon 377-7978
Union MONTH Montgomery
St
Development Administration EACH THURSDAY CITY HALL 1000 76102 91 weekly 4 Mary Zenteno 392-7820
Throckmorton
St
Development EACH THURSDAY CITY HALL 1000 76102 ground level weekly 1 Mary Zenteno 392-7820
Throckmorton
St
Page 1 of 6
City of Fort Worth in-House Recycle Contact List
DEPARTMEN NEW SERVICE DAYS BUIk ,ADD S ZIP CODE Cart STAFF SERVICE #CARTS CONTACT PHONE ALTERNATE
Location/Floor CONTACT(S)
Economic 8 Community Administration, 1ST TUESDAY EACH GORDON 900 Monroe 76102 3 10 monthly 1 Bette Chapman 8716125
Development Community MONTH S SWIFT Suite 301
Development,
Workforce
Development
Economic&Community FW Day Labor Center 1ST TUESDAY EACH FW DAY 2016 15th Ave 76102 1 3 monthly 2 Diane Salazar 871-8716
Development MONTH LABOR
CENTER
Engineering Real Property 1ST TUESDAY EACH GORDON 900 Monroe 76102 3 14 monthly 1 Jill Griffin 392-8538 Jill Griffin 392-
MONTH S SWIFT Suite 301 8538
Engineering EACH THURSDAY CITY HALL 1000 76102 ground level, 8 weekly 1 Nikki McLeroy 392-8549 Dee Freeman
Throckmorton SE corner 392-8882
St
Engineering EACH THURSDAY CITY HALL 1000 76102 2 56 weekly 1 Nikki McLeroy 392-8549 Dee Freeman
Throckmorton 392-8882
St
Engineering 1ST TUESDAY EACH GORDON 900 Monroe St 76102 30 monthly 1 Dot Birdow 392-6055
MONTH S SWIFT Ste
BLDG
Engineering 1ST TUESDAY EACH Municipal 927 Taylor St. 76102 1 10 monthly 2 Robert Sauceda 392-2387 Jim Deeter 392-
MONTH Parking 7803
Garage
Environmental Management Administration EACH THURSDAY CITY HALL 908 Monroe St 76102 7 18 weekly 2 Ellen Schmitz 392-6301
ANNEX
Environmental Management Solid Waste 3RD TUESDAY EACH SOUTHSID 4100 76133 27 monthly 5 Jocelyn Johnson 392-5161
Management MONTH E Columbus Tr
SERVICE
CENTER
Environmental Management Water Quality 3RD TUESDAY EACH ERC 5000 MLK Fwy 76119 15 monthly 3 Vicki Stokes 5613704
MONTH
Environmental Management 3RD TUESDAY EACH Spill 4200 South 76119 4 monthly 1 Mary Carpenter 392-5450
MONTH Warehouse Frwy
Equipment Services Maintenance Shop 4TH TUESDAY EACH James 5021 James 76133 5 monthly 1 Pam Irwin 392-6771
MONTH Service
Center
Equipment Services Parts 4TH TUESDAY EACH James 5021 James 76133 6 monthly 1 Pam Irwin 392-6771
MONTH Service
Center
Equipment Services Tire Service Center 4TH TUESDAY EACH 2950 W Bolt St 76110 6 monthly 1 Roger Metcalf 922-3480
MONTH
Equipment Services 2ND TUESDAY EACH Brennan 2500 Brennan 76106 Service Adviso 23 monthly 1 Kelly Hogan 871-6786
MONTH Service Ave
Center
Equipment Services 3RD TUESDAY EACH SOUTHSID 4100 76133 30 monthly 3 Nancy Cooper 871-5100 Darrell Gregory
MONTH E Columbus Tr 871-5131
SERVICE
nst
Finance Administration EACH THURSDAY 0 76102 3 63 weekly 1 Andrea Dean 392-2435 Janet Craney
ockmorton 392-8087
Page 2 of 6
City of Fort Worth In-House Recycle Contact List
DEPARTMENT ESS ZIP CODE PHONE ALTERNATE
Locati' Y"" CONTACT(S)
Finance Purchasing EACH THURSDAY CITY HALL 1000 76102 lower level 13 weekly 1 Patty Wilson 392-8355
Throckmorton
St
Finance(This division is moving to Records Management EACH THURSDAY CITY HALL 1000 76102 4 weekly 1 Shane Tackett 392-8184
CMO) Throckmorton
St
Finance Risk Management EACH THURSDAY CITY HALL 1000 76102 3 5 monthly 1 Kellee Walker 392-8492
Throckmorton
St
Fire Administration 1ST TUESDAY EACH PUBLIC 1000 76102 3 35 monthly 3 Angie Warren 871-6872
MONTH SAFETY Throckmorton
BLDG St
Fire Bureau of Fire 1ST TUESDAY EACH PUBLIC 1000 76102 4 50 monthly 3 Jackie Olson,Capt. 392-6814,
Prevention MONTH SAFETY Throckmorton Tom Lewis 392-6831
BLDG St
Fire Communications& 4TH TUESDAY EACH 3000 W Bolt St 76110 1 floor only, 28 monthly 1 Cynthia Tyree 922-3022
Dispatch MONTH East side of
bld .
Fire(This division is moving to Emergency EACH THURSDAY CITY HALL 1000 76102 lower level 9 weekly 1 Thersea Alonso 392-6174
CMO) Management Throckmorton ("tunnel")
St
Fire Supply 4TH TUESDAY EACH 2900 W Bolt St 76110 6 monthly 1 Denise Jones 922-3498
MONTH
Fire Training 2ND TUESDAY EACH 1000 Calvert 76107 20 monthly 3 Capt.Greg Yates 871-6813 or
MONTH St 332-3561
Fire Vehicle 4TH TUESDAY EACH 2920 W Bolt St 76110 11 monthly 1 Josie Elizondo 922-3496
Services/Support MONTH
Services/Equipment
Shop/Maintenance
Shop
Housing Management and EACH THURSDAY CITY HALL 908 Monroe St 76102 3 22 monthly 1 Gracie Gonzalez 392-7538
Budget ANNEX
Housing Management and EACH THURSDAY CITY HALL 908 Monroe St 76102 4 25 monthly 1 Gracie Gonzalez 392-7538
Budget ANNEX
Human Resources Learning Services EACH THURSDAY CITY HALL 908 Monroe St 76102 6 10 monthly 1 Pete Nelson 392-7767
Division ANNEX
Human Resources EACH THURSDAY CITY HALL 1000 76102 38 weekly 3 Pete Nelson 392-7767
Throckmorton
St
IT Communications Electronic 1ST TUESDAY EACH 1515 11th Ave 76102 38 monthly 4 Gary Smith 392-6049
Maintenance MONTH
IT Solutions GIS EACH THURSDAY CITY HALL 1000 76102 74 weekly 1 Robin Britton 392-8861
Throckmorton
St
IT Solutions EACH THURSDAY CITY HALL 1000 76102 70 weekly 2 Larry Schuessler 392-8461
Throckmorton
St
Law EACH THURSDAY CITY HALL 1000 76102 3, NW corner 40 weekly 1 Robert Neefe 392-7623
Throckmorton
St
Page 3 of 6
City of Fort Worth In-House Rec cle Contact List
art WO SERVICE Dan ZIP CODE loor STAFF NTACT PHONE ALTERNATE CONTACT(S)
Library 3RD TUESDAY NOT EAST 4300 E Berry 76105 6 monthly 3 Linda Waggoner 817-536-
2ND TUESDAY EACH BERRY St 1945
MONTH BRANCH
Library EACH THURSDAY CENTRAL 500 W 3rd St 76102 street Ivl: 124 weekly 5 Tessie Hutson 871-7706
LIBRARY garage; lower
Ivl:automation
area,clerical
pool,
Periodicals&
Docs area,&
freight elevator
Municipal Courts 1ST TUESDAY EACH PUBLIC 1000 76102 ground, 1,2,4 155 monthly 6 Rose Herrera or 392-6711 or
MONTH SAFETY Throckmorton Lonnie Munoz 6727
BLDG St
Parks&Community Services Administration 3RD TUESDAY NOT TOWN 4200 S Fwy 76115 50 monthly 7 Marilyn Isaacs 871-5704
2ND TUESDAY EACH CENTER Ste 2200
MONTH MALL
Parks&Community Services Forestry 3RD TUESDAY EACH TOWN 4200 S Fwy 76115 4 monthly 0 Marilyn Isaacs 871-5704
MONTH CENTER
MALL
Parks&Community Services Athletics 2ND TUESDAY EACH HAWS 600 Congress 76107 north gym closi 45 monthly 2 Gino Armendarez 871-7696
MONTH ATHLETIC
CENTER
Parks&Community Services 2ND TUESDAY EACH Southside 959 E 76104 30 monthly 2 Monique Hill 871-6605
MONTH Community Rosedale
Center
Planning Administration EACH THURSDAY CITY HALL 1000 76102 2, NW corner 23 weekly 2 Karen Gilmore 392-8001
Throckmorton
St
Police Administration bi-monthly: 1ST 350 W 76102 2 20 bi- 2 Nancy Labuy 392-4210
TUESDAY and 3RD Belknap monthly
Ti jF=qnAY
Police Auto Pound 2ND TUESDAY EACH 1301 E 76106 22 monthly 1 Salvatore Spinelli 871-5954
MONTH Northside Dr
Police Communications 4TH TUESDAY EACH 3000 W Bolt St 76110 1 floor only 125 monthly 6 (Joy)Loree Miller 922-3200
MONTH
Police Criminal Investigation bi-monthly: 1ST 350 W 76102 3 127 bi- 4 Phyliss Perez 392-4320
TUESDAY and 3RD Belknap monthly
TUESDAY
Police NPD#1 2ND TUESDAY EACH 500 E 1st St 76102 (Central 71 monthly 3 J.J.Wagner 871-6400
MONTH Business
District
Police NPD#11 3RD TUESDAY EACH 3525 Marquita 76116 80 monthly 4 Frances Ayala or 392-4729 or
MONTH Ezette Pickens 392-4703
Police NPD#12 4TH TUESDAY EACH 2509 Merrick 76107 46 monthly 2 Terry McDonald 570-2200 or
Police NPD#2 2ND TUESDAY EACH 3457 Decatur 76106 80 monthly 3 1 Laura Saldana 740-2100
MONTH I lAve
Page 4 of 6
City of Fort ^north I^-!-louse Rec%,c!e Contact List
`s, TAFF SERVICE #CARTS CONTACT PHONE ALTERNATE
or CONTACT(S)
Police NPD#3 3RD TUESDAY EACH 7451 N Beach 76106 55 monthly 2 John Farris 212-2875 Tamy Towns
MONTH St 817-212-2875
Police NPD#4 3RD TUESDAY EACH 5924 Boca 76112 45 monthly 2 Ally Alvarez 451-2332
MONTH Raton
Police NPD#5 3RD TUESDAY EACH 5650 E 76112 100 monthly 5 Casandra Smith 871-5204
MONTH Lancaster
Police NPD#6,Traffic 2ND TUESDAY EACH 1100 Nashville 76105 1,2 200 monthly 11 Wanda Hudson 871-7103 Anita Ramirez,
Division MONTH 871-7132
Police NPD#7, South 3RD TUESDAY EACH 4573 Village 76119 60 monthly 3 Jean Stokes 392-3651
Division MONTH Creek
Police NPD#8,South 2ND TUESDAY EACH 1000 W 76104 68 monthly 3 Lt.Carpenter 871-8955 Brenda
Division MONTH Magnolia McKenzie 871-
8885
Police South Division HQ 4TH TUESDAY EACH 3128 W Bolt St 76110 1 floor only 100 monthly 6 Julie White 922-3410 Sgt.Steven
(NPD 9,CID, NPO MONTH Halfmann 922-
Unit) 3400; Linda
Sanderson 922-
3462
Police Training 2ND TUESDAY EACH 1000 Calvert 76107 30 monthly 3 Tami Wadlington 392-4142
MONTH St
Police bi-monthly: 1ST 350 W 76102 Basement, 1, 440 bi- 14 Lt.Michael 392-8314
TUESDAY and 3RD Belknap 2,3,4 monthly McCowan
TUESDAY
Public Events 1ST TUESDAY EACH Convention 1201 Houston 76102 65 monthly 3 Marsha Anderson 817-392-
MONTH Center 2537
Public Events 4TH TUESDAY EACH WILL 3401 W 76107 78 monthly 2 Char McMorrow 871-8110 April Lawson
MONTH ROGERS Lancaster 817-392-8159
MEMORIAL
CENTER
Public Health 4TH TUESDAY EACH 1800 76107 100 monthly 10 Anthony Mosley, 871-7593 0
MONTH University Dr Bennie Mitchell 871-7274
Transportation and Public Works Administration EACH THURSDAY CITY HALL 1000 76102 42 weekly 1 Pam Forehand 392-7804
Throckmorton
St
Transportation and Public Works Facilities Maintanence 4TH TUESDAY EACH James St 5001 James St 76115 16 monthly 4 Patsy Lovell 392-8082
MONTH Service
Center
Transportation and Public Works Sign Shop 4TH TUESDAY EACH James St 5001 James St 76115 13 monthly 1 Lori Caram 392-8759
MONTH Service
Center
Transportation and Public Works Street Services 3RD TUESDAY EACH SOUTHSID 4100 76133 60 monthly 3 Terry Thomas 392-5193
MONTH E Columbus Tr
SERVICE
CENTER
Transportation and Public Works Street Services 4TH TUESDAY EACH James St 5001 James St 76107 11 monthly 1 Laura Enrriquez 392-8982 Rudie Perez-
Admininstration MONTH Service Beck 392-6698
Center
Transportation and Public Works Street Sevices 2ND TUESDAY EACH Brennan 2500 Brennan 76106 60 monthly 1 rSullivan 871-7936
MONTH Service Ave
Center
Page 5 of 6
City of Fort Worth In-House Rec cle Contact List
DEPARTMENT DIVISION NEW SERVICE DAYS BUILDING ADDRESS ZIP CODE Cart STAFF SERVICE #CARTS CONTACT PHONE ALTERNATE
Location/Floor I CONTACT(S)
Transportation and Public Works Traffic Engineering 1ST TUESDAY EACH Municipal 311 -319 W 76102 Ground Floor 42 monthly 2 Maria Lopez 392-6672
MONTH Parking 10th St (divided btw.
Garage Municipal
Courts&
Transportation and Public Works Traffic Services& 4TH TUESDAY EACH James St 5001 James St 76115 20 monthly 1 Lori Caram 392-8759
Street Services- MONTH Service
Supervisors& Center
Assembly Area
Transportation and Public Works Traffic Services 4TH TUESDAY EACH James St 5001 James St 76115 12 monthly 1 Lori Caram 392-8759 (ext.7738 if Lori
Division MONTH Service is out)
Center
Transportation and Public Works Traffic Services 4TH TUESDAY EACH James St 5001 James St 76115 4 monthly 1 Lori Caram 392-8759 Gena Brown
Warehouse MONTH Service
Center
Water Customer Service EACH THURSDAY CITY HALL 908 Monroe St 76102 1 18 monthly 2 Wanda Caston 392-8217
ANNEX
Water Customer Service EACH THURSDAY CITY HALL 908 Monroe St 76102 2 29 monthly 2 Wanda Caston 392-8217
ANNEX Teresa
Water Pretreatment Services 2ND TUESDAY EACH 920 Fournier 76102 20 monthly 5 Valarie Woody 817-871-
MONTH St 8305
Water Water Engineering& 1ST TUESDAY EACH GORDON 900 Monroe St 76102 1&2 Floors 19 monthly 2 Sherry Johnson 392-8579
IT MONTH S SWIFT
BLDG
Water Water Production 1ST TUESDAY EACH SCADA 1511 11th Ave 76102 25 monthly 1 Lisa Chambers 871-8125
MONTH Building
Water Administration& EACH THURSDAY CITY HALL 1000 76102 2 32 weekly 1 Faye Brown 392-8207
Engineering Throckmorton
St
Water Water Development EACH THURSDAY CITY HALL 1000 76102 lower level 6 weekly 1 Gary Curtis 392-8250
Throckmorton
Water Field Operations 1ST TUESDAY EACH 1608 11th Ave 76102 100 monthly 5 Darla Morales 871-8309
MONTH
4054 235
CARTS
Page 6 of 6
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/19/2007
DATE: Tuesday, June 19, 2007
LOG NAME: 52VISTAFIBERS REFERENCE NO.: **C-22196
SUBJECT:
Authorize Execution of Contract with Mid America Recycling Company, d/b/a Vista Fibers, for In-
House Paper Recycling
RECOMMENDATION:
It is recommended that the City Council:
1.. Authorize the City Manager to enter into a contract with Mid America Recycling, d/b/a Vista Fibers, for the
collection, transportation and processing of mixed office paper in municipal buildings; and
2. Authorize this contract to begin July 1, 2007 and expire June 30, 2010, with two renewal options and a
total not-to-exceed amount of$30,000 per year
DISCUSSION:
Various City departments generate paper products that can be diverted from landfill disposal and be
recycled. In order to save the City disposal expense as well as space at the City owned landfill, the
Environmental Management Department contracts professional services to collect, transport and process
mixed office paper from numerous City facilities.
A Request for Proposals (RFP No.: DEM07-02:IHR) was issued on April 4, 2007, for a contractor to collect,
transport and process single stream recyclables or mixed office paper waste generated by the City of Fort
Worth. Proposals were received on April 26, 2007, from the following companies:
Mid America Recycling, d/b/a Vista Fibers
Allied Waste Industries
Allied Waste Industries submitted a "no bid" proposal. City staff recommends entering into negotiations to
award the contract for in-house paper recycling to Vista Fibers. Vista Fiber's proposal contained the lowest
possible expense to be incurred by the City. The final contract price will be determined by the actual
quantity of materials collected by the contractor based on the unit price for collection, transportation and
processing and the market price for paper. Because of the variability in the quantity of paper collected from
City offices and the value of paper in the recycling market, a not to exceed amount for this contract has
been set at$30,000 per fiscal year.
Renewal of the contract may be effected by notice in writing by the City Manager or a designated
representative to the contractor within 60 days prior to the expiration of the term. Contract renewal will not
require specific City Council approval, provided the City Council has appropriated sufficient funds to satisfy
the City's obligations during the renewal term.
M/WBE - A waiver of the M/WBE goal for this amendment was requested and approved by the M/WBE
office, because the purchase of goods or services is from sources where subcontracting opportunities are
Logname: 52VISTAFIBERS Page 1 of 2
negligible.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Solid Waste Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE64 539410 0525004 $30,000.00
Submitted for City Manager's Office br. Libby Watson (6183)
Originating Department Head: Brian Boerner (8079)
Additional Information Contact: Kim Mote (5153)
Logname: 52VISTAFIBERS Page 2 of 2