HomeMy WebLinkAbout064380 - General - Contract - Pine Tree Mobile Home Park Landowners AssociationCity Secretary Contract No. _____________
PRIVATE COMMUNITY SOLID WASTE COLLECTION SERVICESAGREEMENT
This PRIVATE COMMUNITY SOLID WASTE COLLECTIONSERVICESAGREEMENT
(“Agreement”) is made and entered into by and between the CITY OF FORT WORTH (“City”), a Texas
home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and
PINE TREE MOBILE HOME PARK LANDOWNERS ASSOCIATION (“Private Community”) a
Texas non-profit corporation, with its principal address at 4276 Keller Hicks Road, Fort Worth, Texas
76244, acting by and through its duly authorized representative, each individually referred to as a “party”
and collectively referred to as the “parties.”
WHEREAS, Section 363.111(a) of the Texas 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, Chapter 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 waste collection services;
WHEREAS, Chapter 12.5, Article VIII “Solid Waste and Recycling” of the City Code of the City
of Fort Worth (2015), as amended (“City Code”), provides for rules and regulations for the provision of
such solid waste collection services to private communities (as defined therein);
WHEREAS, Chapter 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; and
WHEREAS, pursuant to Chapter 12.5-821(f)(3), the Environmental Services Director has
determined that the Private Community meets the minimum requirements provided for in the City Code
with respect to private communities.
NOW, THEREFORE, the parties agree as follows
1.Definitions. All definitions in Chapter 12.5, Article VIII are hereby incorporated into this
Agreement.
A.Collection Services shall mean Residential Garbage and Recycling Collection Services as
described in more particular detail in Fort Worth City Code Chapter 12.5, Article VIII.
B.User shall mean the Pine Tree Mobile Home Park Landowners Association, with its principal
address at 4276 Keller Hicks Rd., Fort Worth, TX 76244.
2.Term. This Agreement shall be effective from the date executed by the Assistant City Manager
through March 31, 2033.
3.Scope of Services.
a.The City’s Duties
i.The City 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 recyclable storage carts as determined by the City.
3.Once per week collection of yard waste contained in resident-owned and
purchased from the City of Fort Worth yard carts, paper yard bags or loose
brush as determined by the City.
4.Once per month collection of bulk waste as determined by the City.
5.Residents will have access to all City Drop-Off Stations as well as the
Environmental Collection Center
ii.The City shall administer such Collection Services consistent with the provisions
of Chapter 12.5, Article VIII, “Solid Waste and Recycling.”
iii.The City shall not offer Elective Carry-Out Service to the residents of this Private
Community. However, a resident of this Private Community may submit a request
to the Director for Disabled Carry-Out Service, which shall be considered on a
case-by-case basis and provided in the Director’s sole discretion.
iv.The City shall provide the User with educational material on the subject of proper
set-out procedures for distribution to its residents.
v.The City shall distribute garbage and recycling storage carts (“Carts”) to its
residents in the Private Community upon the effective date of this Agreement. The
City shall monitor the proper usage of the Carts and provide for dispute
management and enforcement of the set-out of these garbage and recycling storage
carts pursuant to the City Code.
b.The City’s Right to Refuse Waste
i.The City shall have the right to refuse to accept waste from User’s resident(s) if in
its reasonable judgment:
1.The waste is hazardous waste, medical waste and/or special waste;
2.The waste fails to meet other established criteria established by this
Agreement, or that have been established by the City by its City Code.
3.The garbage carts are not properly set for collection on the designated
collection day.
4.User’s Duties. User agrees to perform the following duties in connection with the provision of
Collection Services:
a.User shall ensure that the residents of the Private Community:
i.Properly place assigned garbage and recycling carts as described in Attachment
“B”, and
ii.Ensure that no personal, private, or service vehicles, nor any type of obstructions
are present on the assigned service day (e.g., construction or delivery vehicles are
parked or located on the interior roads of the development) that would hamper or
otherwise prevent Collection Services.
b.User shall provide the City and its solid waste collection contractor appropriate access to
User’s premises as reasonably requested by the City. This shall include, but is not limited
to, providing the City with keys and codes to entrances for the purpose of providing
Collection Services.
5.Cost of Service. As fair compensation for the Collection Services provided by City pursuant to
this Agreement, User agrees that the City shall bill each residential unit the current rate of service
as described in Section 12.5-841.1 of the Fort Worth City Code.
6.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.
7.Force Majeure.
a.For purposes of this section, a “Force Majeure Event” shall include, but is not limited to,
compliance with any government law, ordinance, or regulation; acts of God; acts of the
public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or
pandemics; government action or inaction; orders of government; material or labor
restrictions by any governmental authority; transportation problems; restraints or
prohibitions by any court, board, department, commission, or agency of the United States
or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party
whose performance is affected.
b.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.
8.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.
9.Notice. Notices required pursuant to the provisions of this Agreement will be conclusively
determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
To CITY:To USER:
James Keezell
Assistant Director
City of Fort Worth
Environmental Services
Solid Waste Services Division
4100 Columbus Trail
Fort Worth, Texas 76133
Facsimile: (817) 392-8654
Erika Lopez
HOA President
Pine Tree Mobile Home Park Landowners
Association
4276 Keller Hicks Rd.
Fort Worth, Texas 76244
With copy to Fort Worth City Attorney’s Office at
same address
10.Assignment. User shall not assign any of its duties, obligations or rights under this Agreement
without the prior written consent of City. If City grants consent to an assignment, the assignee shall
execute a written agreement with City and User under which the assignee agrees to be bound by
the duties and obligations of User under this Agreement. User shall be liable for all obligations of
Vendor under this Agreement prior to the effective date of the assignment.
11.Entirety of Agreement. This Agreement, including all attachments and exhibits, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in
interest, as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with any provision of this
Agreement.
12.Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
13.Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or
limit the scope of any provision of this Agreement.
14.Governing Law / Venue. This Agreement shall be construed in accordance with the laws of
the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant
to this Agreement, venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
15.Signature Authority. The person signing this Agreement hereby warrants that they have the
legal authority to execute this Agreement on behalf of the respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other authorization
of the entity. This Agreement and any amendment hereto, may be executed by any authorized
representative of Vendor. Each party is fully entitled to rely on these warranties and
representations in entering into this Agreement or any amendment hereto.
16.Amendments / Modifications / Extensions. No amendment, modification, or extension of
this Agreement shall be binding upon a party hereto unless set forth in a written instrument,
which is executed by an authorized representative of each party.
17.Counterparts.This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall
together constitute one and the same instrument.
18.Electronic Signatures. This Agreement may be executed by electronic signature, which shall
be considered as an original signature for all purposes and have the same force and effect as an
original signature. For these purposes, “electronic signature” means electronically scanned and
transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or
signatures electronically inserted via software such as Adobe Sign.
(signature page follows)
INWITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
By:
Name: Valerie Washington
Title: Assistant City Manager
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
Date:, 2025
APPROVAL RECOMMENDED:
By:
Name: Christian Harper
Title:
APPROVEDAS TO FORM AND LEGALITY:
By:
Name: James Keezell
Title:Assistant Environmental ServicesDirector,
ATTEST:
By:
Name: M. Kevin Anders, II
Title: Assistant City Attorney
By:
Name: Jannette S. Goodall
Title: City Secretary
CONTRACTAUTHORIZATION:
M&C: N/A
Form 1295:N/A
USER:
PINE TREE MOBILE HOME PARK
LANDOWNERS ASSOCIATION
By:
Name:ERIKA LOPEZ
Title:PRESIDENT
Date:, 2025
The City Ordinance requires carts be stored
so as not to be visible to a person standing in
front of the residence. Improper storage of
12/19 Printed on recycled paper.
Set Out & Store
CARTS PROPERLY
Correct Set Out
• Set carts at the curb.
• Face serial numbers
toward the street.
• Set all items two feet
apart.
Correct Storage
A Behind a low wall or a
solid fence (wood or brick).
B Behind the house.
C In the garage.
A B
C
Got questions?
Call 817-392-1234 or visit
www.FortWorthTexas.gov/SolidWaste
City Secretary’s Office
Contract Routing & Transmittal Slip
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
Contractor’s Name:
Subject of the Agreement:
M&C Approved by the Council? *Yes No
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes No
If so, provide the original contract number and the amendment number.
Is the Contract “Permanent”? *Yes No
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential?*Yes No If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Expiration Date:
If different from the approval date.If applicable.
Is a 1295 Form required?* Yes No
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number:If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes No
Contracts need to be routed for CSO processing in the following order:
(Approver)
Jannette S. Goodall (Signer)
Allison Tidwell (Form Filler)
3/31/2033date signed by ACM