HomeMy WebLinkAboutContract 52755 RECEIVED CITY SECRETARY
SEP 1 I CONTRACT NO. � 7
• 2019
CITYOFFORTWORTH NON-EXCLUSIVE PRIVILEGE AGREEMENT
MYSECRETARY
This Non-Exclusive Privilege Agreement (hereinafter referred to as "Agreement") is
entered into by and between the City of Fort Worth, Texas ("City") a home-rule
municipality located within Tarrant and Denton Counties, acting through Valerie
Washington, its duly authorized Assistant City Manager, and Frontier Access, LLC d/b/a
Frontier Waste Solutions ("Grantee"), acting through John Gustafson, its duly
authorized representative.
WHEREAS, the City desires to regulate the business of collecting and transporting
municipal solid waste produced within the City by entering into non-exclusive privilege
agreements with persons engaged in such business; and
WHEREAS, Grantee desires to engage in the business of collecting and transporting
municipal solid waste produced within the City;
NOW THEREFORE, for and in consideration of the mutual promises and agreements
herein set forth, and other good and valuable consideration, the receipt and sufficiency of
which is hereby confessed and acknowledged, the City and Grantee agree as follows:
1. PRIVILEGE: A non-exclusive privilege is hereby granted to use the public streets,
alleys and thoroughfares within the corporate limits of the City of Fort Worth for the
purpose of engaging in the business of collection of solid waste.
2. TERM: The term of this Agreement shall be for a period of five (5) years. This
Agreement shall automatically renew at the end of every five year term of the
Agreement unless notice of termination is provided by one party to the other at least
thirty (30) days prior to the date of renewal.
3. SCOPE AND NATURE OF OPERATION: It is expressly understood and agreed that
the Grantee may collect and deliver for disposal all solid waste, including recyclable
materials, accumulated on premises within the corporate limits of the City, where the
individuals or companies contract with the Grantee for those services excluding
residential service other than apartment complexes and motels. Grantee will, at its
own expense, furnish personnel and equipment to collect solid waste and will
establish and maintain in an efficient and businesslike manner the contracted
services. Grantee will furthermore comply with all pertinent rules, regulations, laws,
and ordinances as directed by the City of Fort Worth and all other governmental
entities having jurisdiction thereupon.
4. REGULATION OF VEHICLES: All vehicles used by the Grantee for the collection
and transportation of solid waste shall be registered with the City, shall have a
permit attached thereto, and shall be covered at all times while loaded and in transit
to prevent the spillage of solid waste onto the public streets or properties adjacent
thereto. Any spillage will be promptly recovered by the Grantee. All vehicles owned
by the Grantee shall be clearly marked with the Grantee's name in letters not less
than four (4) inches in height. All such vehicles shall be cleaned and-maintaineds _
OFFICIAL RECORD
Frontier Waste Solutions Ra f 7
Revised by CRL 200208290 SECRETARY
FT. WORTH,TX
Grantee so as to be in good repair and of good appearance and, when idle, free of
solid waste residue as may cause odor or provide a breeding place for vectors.
5. REGULATION OF LEASED CONTAINERS: It is specifically understood and agreed
that the City of Fort Worth shall permit the Grantee to rent or lease containers for
collection purposes to the owner or occupant of any premises within the corporate
limits of the City, excluding residential customers other than apartment complexes
and motels, for collection purposes subject to the following requirements:
(1) ALL such containers shall be constructed according to good industry
practice in the trade;
(2) ALL such containers shall be equipped with suitable covers to prevent
blowing or scattering of solid waste while being transported for disposal of
their contents;
(3) ALL such containers shall be cleaned and maintained by grantee so as to
be in good repair, of a good appearance and free of such solid waste
residues as may cause odor and provide a breeding place for vectors;
(4) ALL such containers used for the disposal of food waste or other
putrescible material shall be serviced no less than two times per week;
and
(5) ALL such containers shall be clearly marked with the grantee's name and
telephone number in letters not less than four (4) inches in height.
The City of Fort Worth and the Grantee expressly agree that regardless of any
responsibility which may be placed on the citizens of Fort Worth or other third parties
for the above five requirements, the Grantee under this contract agrees to be
responsible for each of the five requirements and to fulfill each of them without
asserting they are the responsibility of some third party.
6. DAMAGE TO PUBLIC PROPERTY: Grantee expressly agrees to assume liability for
all costs of repair of public streets, bridges, rights-of-way, and other facilities that are
damaged as a result of negligence by Grantee, its officers, agents, or its employees
during it's operations pursuant to this agreement.
7. DISPOSAL OF SOLID WASTE: It is specifically understood and agreed that Grantee
will comply with all rules, regulations, laws and ordinances pertaining to the disposal
of solid waste as directed by responsible governmental agencies having jurisdiction
thereupon. Disposal of all solid waste collected by the Grantee from premises within
the corporate limits of the City of Fort Worth must be made at a lawfully permitted
sanitary landfill. Grantee's violation of this provision shall be cause for revocation of
this Agreement.
Frontier Waste Solutions Page 2 of 7
Revised by CRL 200208290
8. SOLID WASTE COLLECTION: The collection of solid waste between the hours of
11:00 p.m. and 6:00 a.m. shall be prohibited. However, Grantee may seek
permission from the Assistant Director-Solid Waste Services/Code Compliance
Department ("Director") in writing by stating the particular hours Grantee wishes to
collect waste and the reasons necessary for this exception. Upon receiving a written
request, which must be mailed by the US Postal Service, returned receipt requested,
the Director shall have ten (10) days to make a determination and shall notify the
Grantee in writing of the decision within fifteen (15) days of the receiving notice. The
Director reserves the right to review that decision if a complaint is received. The
Director shall notify the Grantee, and the Grantee may present evidence to the
Director or designated representative regarding such complaint. The Director or his
designated representative shall determine (1) whether such collection between the
hours of 11:00 p.m. and 6:00 a.m. did, in fact, occur at that location and was the
cause of such complaint, and if so, (2) whether such collection at those hours and at
that location should be prohibited and the Grantee's exception revoked.
9. FEE: For and in consideration of the covenants and agreements herein contained,
Grantee hereby agrees to pay to the City of Fort Worth a fee of five percent (5%) of
the gross revenues generated from Grantee's operations within the City.
(A) Calculation: The calculation of gross revenues generated from operations
within the City shall include all revenue derived, directly or indirectly by
Grantee from or in connection with its operations within the service area
covered by this agreement, excluding revenues generated from contracts
with the City for residential garbage and recycling services, as determined
in accordance with generally accepted accounting principles. Gross
revenues shall include, but are not limited to, revenues received from the
collection and disposal of all solid waste.
(B) Fee Payment: The fee shall be paid on a quarterly basis no later than
thirty (30) days after the end of each calendar quarter. The payment shall
be made to the City of Fort Worth, Code Compliance Department, Solid
Waste Services Division, 4100 Columbus Trail, Fort Worth, TX 76133.
(C) Delinquent Payments: Fee payments received after the due date shall be
subject to interest at the rate of twelve (12%) percent per annum until the
fees are paid in full.
10. REPORTS: Each quarterly payment shall be accompanied by a financial
accounting report using the form which is attached as Exhibit A, showing the basis
for the computation of the quarterly payment and
a) total estimated volumes of solid waste collected by the solid waste hauler
with separate figures for multi-family living units, and from commercial
accounts;
Frontier Waste Solutions Page 3 of 7
Revised by CRL 200208290
b) total estimated volumes of waste material recycled by the solid waste
hauler, with separate figures for multi-family living units and from
commercial accounts; and
c) a description and the total estimated volumes of each type of waste
material recycled by the solid waste hauler.
11. AUDITING BOOKS AND RECORDS: The City shall have the authority to arrange
for and conduct, at the City's expense, an audit of the books and records of the
Grantee at the Grantee's location. The records kept on site by Grantee shall include
at a minimum the list of accounts, the number and size of containers, the frequency
of collection and the revenue generated. The Grantee shall be given at least five (5)
days notice of the audit, a description of and the purpose for the audit, and a
description, to the best of the City's ability of the books, records, and documents the
City wishes to review. Grantee shall pay the costs of audit if the results of the audit
establish that Grantee has underpaid the fees required hereunder in any given year
by 5% or more.
12. FORFEITURE: The failure or refusal of the Grantee to comply with any of the
provisions of this Agreement or any of the provisions of the Code of the City of Fort
Worth, or any other applicable rules, regulations, laws and ordinances shall be
deemed a breach of this Agreement. The Director shall notify the Grantee of such
breach and the Grantee shall have 30 days to cure the breach. If the breach is not
cured within 30 days and no "good faith" effort is being made to cure the breach,
the Director may recommend to the City Council that at a regularly scheduled City
Council meeting it should declare the privilege forfeited and may exclude the
Grantee from further use of the streets of the City under the privilege. The Grantee
shall thereupon immediately surrender all rights in and under the privilege and the
privilege shall be null and void.
13. INDEMNITY INSURANCE: Grantee assumes all risk of loss or injury to property or
persons arising from any of its operations under this Agreement, and agrees to
indemnify and hold harmless the City of Fort Worth from all claims, demands, suits,
judgments, costs or expenses, including attorney's fees, arising from any such loss
or injury. It is expressly understood that the provisions contained herein shall not in
any way limit the liability of the Grantee. Grantee agrees to maintain insurance as
follows:
A. Minimum Limits:
1. Commercial General Liability: $1,000,000.00 per occurrence
$2,000,000.00 aggregate
2. Automobile Liability Insurance: $1,000,000.00 each accident.
Coverage is to include "any auto"
used by Grantee. Coverage
shall include loading and
unloading.
Frontier Waste Solutions Page 4 of 7
Revised by CRL 200208290
3. Workers' Compensation Insurance:
Part A: Statutory limits
Part B: Employer's liability
$1,000,000.00 each accident;
$1,000,000.00 disease - policy
limit; and
$1,000,000.00 disease- each
employee
4. Pollution Liability Insurance: $1,000,000.00 per occurrence
5. Excess Umbrella Liability: $2,000,000.00 per occurrence
B. Other Insurance Terms:
1. The City of Fort Worth shall be endorsed as an additional
insured on each of Grantee's insurance policies.
2. Grantee's insurance shall be endorsed with a waiver of
sub-rogation in favor of the City.
3. Grantee's insurance policies shall be endorsed to provide a
minimum 30 days notice of cancellation, non-renewal, or
material change in coverage, such notice to be sent to the City
at the address set forth below.
4. City of Fort Worth shall receive Certificates of Liability Insurance
prior to Grantee beginning work.
5. Insurers shall be acceptable to the City of Fort Worth and
Insurers shall be duly authorized by the Texas Department of
Insurance.
6. Grantee's insurance policies shall not have a greater than
$50,000.00 deductible per occurrence unless otherwise
approved by City.
7. Insurance agencies used by Grantee shall be duly licensed in
the State of Texas.
14.RETENTION OF RIGHTS BY CITY: The City of Fort Worth, in granting this privilege,
fully retains and reserves all the rights, privileges, and immunities that it now has
under the law to fully patrol and police the streets, alleys and public ways within the
City, and the granting of this privilege shall in no way interfere with the
improvements or maintenance, on any streets, alleys or public ways, and the rights
Frontier Waste Solutions Page 5 of 7
Revised by CRL 200208290
of the Grantee herein to use the streets shall at all times be subservient to the right
of the governing body of the City of Fort Worth to fully exercise its rights of control
over streets, alleys and public ways.
15.AMENDMENTS: The City of Fort Worth expressly reserves the right, after due notice
to Grantee, to modify, amend, alter, change, or eliminate any of the provisions of this
privilege and to impose such additional conditions upon the Grantee as may be just
and reasonable as determined by the City Council, the conditions to be those
deemed necessary for the purpose of insuring adequate service to the public.
16.ASSIGNMENT OF AGREEMENT: This Agreement and any and all rights and
obligations hereunder may be assigned by the Grantee only with the prior written
consent of the City Council. All provisions of this Agreement shall apply to the
Grantee, its successors or assigns.
17.SEVERABILITY: If any section, subsection, sentence, clause, phrase, or other
portion of this Agreement is, for any reason, declared invalid, in whole or in part, by
any court, agency, commission, legislative body, or other authority of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent
portion. Such declaration shall not affect the validity of the remaining portions herein,
which other portions shall continue in full force and effect.
18.MAILING OF NOTICES: Every notice to be served upon the City or the Grantee
shall be hand delivered or sent by certified mail, return receipt requested. Every
such communication to the City shall be delivered or sent to the Assistant Director of
Solid Waste Services at the following address: 4100 Columbus Trail, Fort Worth,
Texas 76133. Every such notice to the Grantee shall be delivered or sent to PO Box
152597, Dallas, TX 75315. The mailing of such notice shall be equivalent to direct
personal notice and shall be deemed to have been given when received. Either
party may, upon written notice to the other party, change the address specified in
this section.
19.APPLICABLE LAW AND VENUE This Agreement shall be deemed to be executed
in the City of Fort Worth, Texas, regardless of the domicile of the Company, and
shall be governed by and construed in accordance with the laws of the State of
Texas. Venue for any legal action or proceeding arising under or relating to this
Agreement shall be in Tarrant County, Texas.
20. EFFECTIVE DATE: This Agreement shall be effective September 1, 2019.
Frontier Waste Solutions Page 6 of 7
Revised by CRL 200208290
IN WITNESS HEREOF, the City and Grantee have executed this agreement by their
authorized representatives:
THE CITY OF FORT WORTH, TEXAS FRONTIER WASTE SOLUTIONS
By: By:
_ '4�
Valerie Washington John OuoafsoW
Assistant Cif( Manager Presid and CEO
Date: N I L I It
APPROVED AS TO FORM AND LEGALITY: WITNESS:
Name:
Matthew Murray
Assistant City Attorney I
Title:
ATTEST: '#
_ , • , '
P
a�t
J. a er
City Secretary
M&C: - o o s ao�lq
1295: ao1q-5►��g I
OFFICIAL RECORD
CITY SECRETARY
Frontier Waste Solutions afiT7WORTH,TX
Revised by CRL 200208290
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.
GFIhISt1�.,J Fi�Rt� '
Name of Employee/Signature
CLa<6'7✓Lt�-% ivy:�ir.�t,�iAWWi.y6
Title
❑ This•form is N/A as No City Funds are associated with this Contract
Printed Name Signature
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
FORTIVORT1
CITY COUNCIL AGENDA TO,}�
REFERENCE **M&C 19- 23FRONTIER WASTE
DATE: 8/20/2019 NO.: 0060 LOG NAME: SOLUTIONS NON-EXCLUSIVE
GRANTS OF PRIVILEGE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement Granting a Non-Exclusive Privilege to Frontier
Access, LLC d/b/a Frontier Waste Solutions for the Collection and Transport of Municipal
Solid Waste Within the City Pursuant to Chapter 12.5, Article VIII Solid Waste and
Recycling, Division 5 Private Collectors of the Code of the City of Fort Worth (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement granting a non-
exclusive privilege to Frontier Access, LLC d/b/a Frontier Waste Solutions to use public streets, alleys
and thoroughfares within the City for the business of collecting and transporting municipal solid waste
pursuant to Chapter 12.5, Article Vill Solid Waste and Recycling, Division 5 Private Collectors of the
Code of the City of Fort Worth.
DISCUSSION:
Frontier Access, LLC d/b/a Frontier Waste Solutions has submitted an application for a non-exclusive
grant of privilege agreement to collect and transport municipal solid waste generated by businesses
and industries in Fort Worth. The term of the Agreement is for a period of five years and will
automatically renew each five year period unless notice of termination is provided by one party to the
other at least 30 days prior to the date of the renewal. The Director of Code Compliance has
determined that the applicant meets the requirements of the law and the City Code and recommends
that the City Council authorize the non-exclusive grant of privilege agreement, which must be passed
by a two-thirds vote of the City Council.
In accordance with the terms of the Agreement, Frontier Access, LLC d/b/a Frontier Waste
Solutions shall pay to the City a fee of five percent (5\%) of gross revenues derived from its
commercial collection and transporting operations within the City. Revenues generated from
contracts with the City for residential garbage and recycling services are excluded from this
calculation. Such a fee shall be paid on a quarterly basis due on April 30, July 31, October 31 and
January 31 for the preceding quarter. Frontier Waste Solutions also agrees to comply with all other
terms such as the condition of the solid waste container used, assumption of liability for damage
caused, collection times and the submission of annual reports.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation the Code
Compliance Department and the Financial Management Services Department have the responsibility
for the collection and deposit of funds due to the City under this Agreement in the Solid Waste Fund.
Since this commercial solid waste hauler does not currently offer services in Fort Worth, an annual
estimate of revenue is not included.
TO
Fund Department Account I Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27208&councildate=8/20/2019 8/22/2019
M&C Review Page 2 of 2
FROM
Fund Department Account Project Program Activity Budget I Reference# I Amount
ID I I ID I i Year (Chartfield 2)
Submitted for City Manager's Office by: Valerie Washington (6199)
Originating Department Head: Brandon Bennett(6345)
Additional Information Contact: Robert Smouse (5153)
ATTACHMENTS
FWS Application 2019.07.17.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=27208&councildate=8/20/2019 8/22/2019