HomeMy WebLinkAboutContract 60302CSC No. 60302
Private Communities Solid Waste Contract
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS.
COUNTIES OF TARRANT, DENTON, §
PARKER AND WISE §
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 "Fort Worth," acting herein by and through Valerie Washington,
its duly authorized Assistant City Manager, and, duly authorized Harston Woods MHC to
d❑ business in the State of Texas, hereinafter called "User," acting herein by and
through Joe Sherwood its duly authorized President.
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 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:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Harston Woods MHC
I.
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 (1 a) 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 (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 Collection Services in accordance
with Article Vill of this Chapter 12.5.
Contractor shall mean Waste Management
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,
[I �1i�11 r�"eT�.Ti1;F Im►►► • • •.rVi►d:10
Yard waste shall mean leaves, grass and yard trimmings, yard and garden debris, and
Brush, but not including Bulky Items.
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
This Agreement shall be effective on the date signed by the City Secretary through
March 31, 2033,
4.
SERVICES OF FORT WORTH
Harston Woods MHC
City agrees to perform the following Collection Services for User for the property located
at 10920 Harston Woods Drive; known as "Harston Woods MHC":
A. City of Fort Worth shall provide the following Collection Services for the
User:
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 garbage storage carts as determined by the City;
3. Once per week collection of yard waste contained in kraft paper
bags or bundles, or in a pile not to exceed 10 cubic yards, as
determined by the City;
4, Once per month collection of bulk waste in a pile not to exceed 10
cubic yards, as determined by the City;
B, 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 Vlll, "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 storage carts, and provide for dispute management
and enforcement of the set -out of these garbage storage carts pursuant to
the City Code.
1. The City will distribute carts to each residential address at the beginning
of the program
B. User shall ensure that the residents of the Private Community:
1. properly place assigned garbage carts as described in attachment "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 its contractor appropriate access as
reasonably requested by the City to include but not limited to providing the
Harston Woods MHC
City with keys and codes to entrances for the purpose of servicing the
property.
fi.
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 Fort Worth:
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.
C. The garbage carts are not properly set for collection on the designated
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 ($15,04) per
household, whether occupied or not, in the Private Community 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 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.
Harston Woods MHC
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 Fort Worth:
James Keezell
Assistant Director
City of Fort Worth
Environmental Services Department
Solid Waste Services Division
4100 Columbus Trail
Fort Worth, Texas 76133
If to User:
Joe Sherwood
Harston Woods MHC
10920 Harston Woods Drive
Euless, Texas 76040
817.355.5082 - Office
817.684M04 — Fax
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.
SEVERA6ILITY
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
Harston Woods MHC
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 resolutions
extending such authority have been duly passed and are now in full force and effect.
CITY OF FORT WORTH
IL✓" I,-
Valerie Washington (Oct 18, 202310:51 CDT)
Valerie Washington
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Christopher Austria
Sr. Assistant City Attorney
Qovvapu
a OF FORt�ad
ATTEST:
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Jannette Goodall Oct 18, 2023
City Secretary
to19��.��.3
Date
Authorized by M&C (number) and
Ordinance No. 17655-07-2007
Harston Woods MHC
HARSTON WOODS MHC
Lf
e Sherwood
anaaino Owner
Date:
WITNESS:
��lyl2-0-2-3
� y
Crawford McMackin, Project Manager
Harston Woods MHC
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Attachment B
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RESIDENCE
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1111
Harston Woods MHC
The City Ordfnarxe requires carts be stored
so as not to be visible to a pet son standing Fn
font o f the teOdence. lnrproper storage of
carts may result in a citation or fine,
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