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CONTRACT I�� e �.�'t
NON-EXCLUSIVE PRIVILEGE AGREEMENT
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 Libby Watson,
its duly authorized Assistant City Manager, and Area Waste Solutions, Inc. ("Grantee"),
acting through .J �.SO1�1 L3AG L E�/ , 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 �ity 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 OPERATtON: 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 maintained by
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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 Director of Environmental Management ("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, Department of Environmental
Management, Solid Waste Management Division, 4100 Columbus Trail,
Fort Worth, TX 76133.
(C) Delinquent Pavments: 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.
Revised by CRL
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1. Commercial General Liability:
2. Automobile Liability Insurance
3. Workers' Compensation Insurance:
Part A:
$1,000,000.00 per occurrence
$2,000,000.00 aggregate
$1,000,000.00 each accident.
Coverage is to include "any auto"
used by Grantee. Coverage
shall include loading and
unloading.
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
5. Excess Umbrella Liability:
B. Other Insurance Terms:
Revised by CRL
20020829v1
$1,000,000.00 per occurrence
$2,000,000.00 per occurrence
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 nof have a greater than
$50,000.00 deductible per occurrence unless otherwise
approved by City.
20. EFFECTIVE DATE: This Agreement shall be effective December 12, 2006.
IN WITNESS HEREOF, the City and Grantee hav executed this;agreement by their
authorized representatives on this ' Y�>,, i day of � l� `� �(�� { t i-. �;_�
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THE CITY OF FORT WORTH, TEXAS
:
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Libby Watson
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
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c�n,r_ �/
Assistant City Attorney
ATTEST:
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City Secretary
City of Fort Worth
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Revised by CRL
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Area Waste Solutions, Inc.
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Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/12/2006
DATE: Tuesday, December 12, 2006
LOG NAME: 52GOFPAREAWASTE REFERENCE NO.: *'�C-21878
SUBJECT:
Agreement Granting Non-Exclusive Privilege to Area Waste Solutions, Inc. to Collect and Transport
Municipal Solid Waste in Fort Worth Pursuant to Section 12.5-850 of the City Code
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement granting non-
exclusive privilege to Area Waste Solutions, Inc. pursuant to Section 12.5-850 of the City Code, effective
this date, for a period of five years, to use public streets, alleys, and thoroughfares within Fort Worth for the
business of collecting municipal solid waste.
DISCUSSION:
Area Waste Solutions, Inc. has submitted an application for a non-exclusive privilege agreement to collect
and transport municipal solid waste generated by businesses, industries, and apartment complexes in Fort
Worth. The proposed agreement is for a period of five years and will automatically renew unless notice of
termination is provided by one party to the other at least 30 days prior to the date of the renewal.
In consideration of this agreement, Area Waste Solutions, Inc. shall, effective this date, pay to the City of
Fort Worth a fee of 5 percent of gross revenues derived from its commercial collection operations within the
city. Such fee shall be paid on a quarterly basis no later than 30 days after the end of each calendar
quarter. Area Waste Solutions, Inc. also agrees to comply with other provisions specified in the agreement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmental Management Department will be responsible for
collection and deposit of funds due the City under this agreement.
TO Fund/AccountlCenters FROM Fund/AccountlCenters
PE64 464122 0525001 0.00
Submitted for City Manager's Office b}L
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
Brian Boerner (6647)
Kim Mote (5153)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007