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HomeMy WebLinkAboutContract 45500 (2)STATE OF TEXAS § COUNTIES OF TARRANT, DENTON § PARKER AND WISE § CVTY SEC i rev J coHiRP , KNOW ALL BY THESE PRESENTS: THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, hereinafter called "City", acting herein by and throw h Charles Daniels, its duly authorized Assistant City Manager, and Gotctvi -5-1‘cuitc,le HoA, duly authorized to do business in. the State of Texas, hereinafter called " .., ser," acting herein by and through Tr-v1 its duly authorized I"femcs c t-t, C 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 VIII "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 VIII "Solid Waste and Recycling" to provide for rules and regulations for the provisions of such solid waste collection services to Private Communities (as defined therein); and WHEREAS, §12.5-821 and 12.5-840 of the City Code require a Private Community to enter into an agreement with the City for the collection, handling, transportation, storage, processing and disposal of solid waste in such Private Community if the Private Community desires such service. NOW THEREFORE, the parties agree as follows: 1. DEFINITIONS The following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Unless a provision in this Agreement explicitly states otherwise, other terms used in this Agreement shall have the same meaning as defined in Chapter 12.5, Article VIII of the City Code. Bulky waste shall mean furniture, treated wood, up to ten (10) cubic yards of construction materials generated by a service unit (and not by a commercial service provider) as a result of a household project, mattresses and box springs, carpet, swing 1 OFFICIAL RECORD CITY SECRETARY: IFT. WORTH TX sets, plastic swimming pools, small and large toys, bicycles, fish aquariums, toilets, household appliances, and other similar items, white goods (CFC-free), large branches (being branches in excess of four (4) inches in diameter but less than eight (8) feet in length) tree trunks and root balls' provided such items do not contain hazardous waste or any waste which is not acceptable at the designated landfill Collection Services shall mean Residential Garbage and Recycling Collection Services in accordance with Article VIII of this Chapter 12.5. Contractor shall mean the contractor chosen by the City Council to provide Collection Services. Private Community shall mean a community whose physical assets (real property and streets) are owned and maintained by a homeowners association (HOA), property interiors are owned by private residents (condominium), and the HOA, by contract has legal contracting and enforcement power within said community. User shall mean %n Icie,i� %�v sa i it f c Hb 4 2. PURPOSE The purpose of this Agreement is for the provision of Collection Services by the City to the User consistent with Chapter 12.5 Article VIII of the City Code, attached as Exhibit "A" and incorporated herein subject to the terms and conditions specified by this Agreement. 3. TERM The term of this Agreement shall be three (3) years, effective from the date the last party has signed this Agreement. Upon the expiration of this Agreement, the parties may extend the term of this Agreement for an additional three (3) year term, by written amendment signed by both parties. All other terms and conditions shall remain the same. 4. SERVICES OF FORT WORTH City agrees to perform the follllowing Collection Services for User for the property located Cl at oid i°-vi / (^I�itteIL LS A. City shall provide the following Collection Services through its Contractor: 1. once per week collection of garbage contained in City owned and provided garbage storage carts as determined by the City; and 2. once per week collection of recycling contained in City owned and provided recyclable storage carts as determined by the City . Private Communities Solid Waste and Recycling Contract revised22514GoldenTriangle B. The City shall not provide Bulk waste or Yard waste (including kraft bags) Collection Services to the Private Community. The City shall not offer Elective Carry Out Service to the residents of this Community Disabled Carry -out Service shall be considered on a case by case basis and provided in the sole discretion of the Director as is requested. C. The City shall provide to the User educational material on the subject of proper set -out procedures for distribution to its residents. D. The City will administer such Collection Services consistent with the provisions of Chapter 12.5, Article 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 residents, tracking the proper usage of the garbage and recycling storage carts, and provide for dispute management and enforcement of the set -out of these garbage and recycling storage carts pursuant to the City Code. User shall ensure that the residents of the Private Community: 1. properly place assigned garbage and recycling carts as described in Exhibit "B", and 2. ensure that no personal, private, or service vehicles nor any type obstructions such as construction deliveries are parked or located on the interior roads of the development that would hamper Collection Services on the assigned service day. C. User shall provide the City and the City's Contractor appropriate access as reasonably requested by the City to include but not limited to providing the City with keys and codes to entrances for the purpose of servicing the property. 6. RIGHT TO REFUSE WASTE City shall have the right to refuse to accept waste from User's resident(s) if in the reasonable judgment of the City: A. the waste is hazardous waste, medical waste and/or special waste; B. the waste fails to meet other established criteria established by this Agreement, or that have been established by the City by its City Code; or Private Communities Solid Waste and Recycling Contract revised22514GoldenTnangle C. the garbage carts are not properly set for collection on the designated collection day. 7. COST OF SERVICE The City shall bill each residential unit at the rate of service as described in Section 12.5 12.5-841.1 for Residential collection fees, as that rate is amended from time to time by the City Council. Each owner/occupant of the a residential unit shall be required to make a deposit of fifteen dollars ($15.00) prior to the start of service. 8. LIABILITIES AND DAMAGES User shall be responsible for maintenance of private street and drives, emergency access easements, recreation areas, open spaces, and drainage facilities and User shall indemnify hold harmless and release the City from all claims, damages, and losses arising out of or resulting from performance of the Collection Services set forth in this Agreement, including but not limited to the wear and tear of streets caused by the vehicles used by Contractor in the performance of such Collection Services. 9. FORCE MAJEURE A delay or failure of City to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of City and not due to its fault or negligence. User shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 10. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (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 delivered as follows: If to the City of Fort Worth: Kim Mote, Assistant Director Private Communities Solid Waste and Recycling Contract revised22514GoIdenTriangle City of Fort Worth Southside Service Center 4100 Columbus Trail Fort Worth Texas 76133 817-392-5153 If to User: 12. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by User and City. 13 SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 14. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Tarrant County, Texas. 15. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary Private Communities Solid Waste and Recycling Contract revised22514GoIdenTriangle resolutions extending such authority have been duly passed and are now in full force and effect. EXECUTED IN TRIPLICATE on this / ri day of CITY OF FORT WORTH cdriser,.,„) diaries Daniels Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Assistant Ci y Attorney ATTEST: Mary Kayser j City Secre`a'ry 11/47/1/- Date roo iscen't iGtA/15 A By: c Title: rCt- Date: Di r WITNESS* "AeCir&i.. �t tit /Ca rneii-fr-,3 Private Communities Solid Waste and Recycling Contract revised22514GoIdenTriangle OFFICIAL "ECOI!C ©ITV SECRETL Ft. 'NORTH q `ij "