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HomeMy WebLinkAboutContract 44863 (2)�, �, - / ,., ;,� • - - . . -- - - -- - 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 Tarranfi and Denton Counties, acting through Charles Daniels, its duly authorized Assistant City Manager, and Evergreen Disposal Services ("Grantee"), acting through Tim Haugh, 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 than four (4) inches in height. All such vehicles shall be cleaned and Revised by CRL 2oo2os2s�� �;�CEIVE� S�f' � �7 ��i3 P� �.�� %� � � � � 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 Code Compliance ("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 revaked. 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 Pavment : 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 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. 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; Revised by CRL 20020829v1 W 3. Workers' Compensation Insurance: Part A: Part B: 4. Pollution Liability Insurance: 5. Excess Umbrella Liability: B. Other Insurance Terms: Statutory limits Employer's liability $1,000,000.00 each accident; $1,000,000.00 disease - policy limit; and $1,000,000.00 disease- each employee $1,000,000.00 per occurrence $2,000,000.00 per occurrence 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 Revised by CRL 20020829v1 IN WITNESS HEREOF, the City and Grantee have executed this a reement by their authorized representatives on thi���-�-day of - �;,�r-11� �'--� �., ,s, �. , _ THE CITY OF FORT WORTH, TEXAS �/ 0 sc', .✓ � �2 � By: arles Daniels APPROVED AS TO FORM AND LEGALITY ��� . Christa f�eynolds ' ` Senior Assistant City Attorney ATTEST: � E 1 WITNESS: �� F� �_ �__. -� , � , .: : , . .: )� Name: �C,�, � -t�-���. ..,, t,��.�_-.:-- .. Title: �v'0�� S�G r��� �� �.� 1�1� ti.c:,��^ CORPORATE SEAL: i= �� :-� �/lary Kays� )/" City Secretar�jr City of Fort Worth �,� � �i � OFFICIAL 6�ECORD CIYY SECRETARV I � .y. ; ",y'. Revised by CRL �� ' 20020829v1 Assistant City Manager