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HomeMy WebLinkAboutContract 55677CSC No. 55677 NON-EXCLUSIVE PRIVILEGE AGREEMEN7 This Nan-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 lacated within Tarrant, Denton, Park�r and counties, acting through Va[erie Washingtan, its duly authorized Assistant City Manager, ancE BubbaTugsCorparation ("Grantee"), acting through �ulia Adkins , its duly authorized representative, WHEREAS, the City Council has enacted reguiations affecting the business of co[lecting and transporting municipal solid waste produced within the City in Sections 12.5-$50 #hrough 12.5-863 of the City Code; and WHEREAS, Seciion 12.5-854 requires any person who wishes to engage in the collecting and transpo'rting municipal �olid waste produc�d within the City to eni�r into non-exclusive privilege agreement; and WHEREAS, Section 12.5-856 requires payment by Graniee of ten percent (10°/o) of Grantee's total gross hauling revenue from �he collection and trans�or�ing af municipal salid waste produced in the City; and WHEREAS, Grantee has made application to engage in the business of collecting and transporting municipa! sofid waste produced within the City. NOW THERE�ORE, far and in cansiderafion 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 nan-exclusive privilege is hereby granted ta use the public streets, alleys and thoroughfares within the corporate limits of the City of Fort Worth fior the purpose of engaging in the business of coll�ction of solid wa�te. 2, TERM: The term of this Agreement shall be for a periad of five (5) years. Th�s Agreement sha!! automatically renew at the end of every five (�} year term of the Agreement unless notice of termination is provided by ane party to the other at least thirty (30) days prior to the date of renewal. 3. SCOPE AND NATURE �F �PERATION: It is expressly understood and agreed that the Grantee may collect and deliver for disposal al! solid waste, including recyclable materials, accumulated on premises within the corporate limits of the City, where the inciividuals or compani�s contract with the Grantee for #hose services excluding r�sidenfial service o#her than apartment complexes and motels. Grantee wifl, at its own expense, furnish personnei and equipment to collect solid waste and will establish and maintain in an efficient and businesslike manner the contracted services. Grantee wiN furthermore comply with all pertinent rules, regulations, laws, and ordinances �s directed by the City o�' Fort Worth and all other governmental entities having jurisdiction thereupon. OFFICIAL RECORD Pa CITY SECRETARY Revised by CRL 03052�21 FT. WORTH, TX 4. REGULATION OF' VEHICLES: All vehicles used by the Grantee for the collection and transportation a# solid waste shal! be registered with the City, shall have a p�rmit attached thereto, and shall be cov�red at alI times while loaded and in transit to prevent the spillage of solid waste onto fihe pubfic streets or properties adjacent ther�to. Any spillage will be promptly recovered by the Grantee. All vehicles owned by the Grantee shafl 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 main#ained by Grantee so as to be in good repair and of good appearance and, when idle, free of soiid waste residue as may cause odvr or provide a breeding place for vectors. 5. REGULATI4N OF LEASED CQNTAINERS: I� is specifical(y understood and agreed that the City of Fart Worth shail permii the Grantee ta rent or lease containers far collection purposes ta the owner or occupant of any premises within the corporate limits of the City, excluding residential custamers other than apartment compl�xes and motels, for collection purposes subject to the foflowing requirements: ('I) ALL such containers shall be constructed according to good industry practice in the trade; (2) ALL such containers shali be equipped with suitable covers to prevent bfowing or scattering afi' solid waste while being transported for disposal of #heir contents; (3) ALL such containers shall be cleaned and maintained by grantee so as to be in good repair, of a good app�arance and free of such solid waste residues as may cause odor and provide a bre�ding place for vectors; (4) Al,l. such containers used for the disposal of food waste or other putrescible material shall be serviced no less #han two times per week; and (5) ALL such containers shall be clearly marked with the grantee's name and telephone number in fetters not fess than four {4) inches in height, The City and the Grantee expressly agree that regardless of any respansibility which may be placed on the citizens of Fart Worth or other third parties for fhe above five requirements, the Grantee under this agreement agrees to be responsible for each of the five requirements and to fulfill each af them without asserting they are the responsibility of some third party. 6. DAMAGE TO PUBLIC PROPERTY: �rantee expressly agrees to assume liabifity for alf costs of repair of public streets, bridges, rights-of-way, and other facilities that are damaged as a resuit af negligence by Grantee, its officers, agents, or its employees during if's aperations pursuant ta #his agreement. Page 2 of 7 Revised by CRL 03052121 7. DISRQSAL OF SOLID WASTE: It is specifically understoad and agreed that Grantee wilE comply with all rules, regulations, laws and ordinances pertaining ta the disposal �f solid waste as direcied by responsibfe governm�ntal agencie� having jurisdiction thereu�an. Disposal of al! solid waste collected by the Grantee from premises within the corparate fimi#s of the City of Fort Worth must be made at a lawfuliy permitted sanitary landfill. Grantee's viofa�ion of this provision shall be cause for revocation of this Agreement. 8. S�LID WA�TE COLLECTION: The callection of sofid waste between the hours af 11:00 p.m. and 6:00 a.m. shafl be prohibited. However, Grantee may seek permission from the Assistant Director - Solid Waste Services/Code Compliance Departmen# ("Director") in wrifing by stating the particular hours Graniee 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 determinafion and shall notify the Grantee �n writing ofi the decision within fifteen {15) days of the receiving notice. The Director reserves the right to review that decision if a compfaint is r�ceived. The Director shall notify the Grantee, and the Grante� may present evidence to the Director or designated representative regarding such complaint. The Director or his designated representative shall determine (1) whether such collection betv,reen the hours ofi 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 coliecfion at those hours and at that iocatian 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 Ci#y of Fart Worth a fee of ten percent (10%) of the gross revenues generated from Grantee's operations within the City. (A} Cafculation: The calculation of gross revenues generated from operatians within the Ci#y shal{ include alf revenue derived, directiy or indirectly by Grantee from or in connection with its operations within the service area cavered by this agreement, excluding revenues generated from contracts wifh the City for residential garbage and r�cycling services, as determined in accordance with general(y 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 Pa ment: The fee shall be paid an 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 Compiiance Department, Soiid Wasfie Services Division, 4100 Columbus Trail, Fort Worth, TX 76`133. (C) Delinqu�nt Pay,ments: F�e payments rec�ived after the due date shall be subject to interest at the rate of twelve (�2%} percent per anrtum tantil the fees are paid in fuli. Page 3 of 7 Revised by CRL 03Q52f2i 10. REPORTS: Each quarterly payment shall be accompanied by a financial accounting report using the farm which is attached as Exhibit A, showing the basis for the computatian of the quarterly payment and a) tatal estimated valumes of sofid waste collected by the so�id waste hauler with separate figures for multi-family living units, and from commercial accounts; b) total estimated volumes of waste material recycled by the salid waste hauler, with separate figures for multi-#amily living units and from commercial accounts; and c) a description and tfie total estimated volumes of each type of wasfe material recycled by fihe solid waste hauler. 11_ AUD(TING BQOKS AND RECORDS: The City shall have th� authority to arrang� for and conduct, at the City's expense, an audit of the books and records of the Grantee at the Grantee's iocation. The records kept an site by Granfee shalf include at a minimum #he iist of accounts, the number and size of containers, the frequency of collection and the revenue generated. The Grant�e shall be given at (east five (5) days notice of fihe audit, a description of and the purpose for the audit, and a description, to the best of the City's abilify of the books, records, and documents the City wishes to review. Grantee sha11 pay the costs of audit if the results of the audit establish that Grantee has underpaid fhe fees required hereunder in any given year by 5°10 ar more. 12. F�RFEITURE: The failure or refusal of the Grantee to comply with any of the provisions of this Agreement or any af the provisions of the Code of the City of Fork Worth, or any other applicable rules, regulations, laws and ordinances shalf be deemed a breach of this Agreem�nt. The Directar shall no#ify the Grantee of such breach and the Grantee shall have thirty (3Q) days to cure the breach. If the breach is not cured with�n thirty (3d) days and no "good faith" effort �s being made to cure the breach, the Directar may recommend to the City Council that at a regularly schec[uled City Council meeting it should declare the privi[ege forteited and may exclude the Grantee fr4m further use of the streets of ihe City under the privilege. The Grantee shall thereupon immediately surrender all rights in and under #he privilege and the privifege s�tall be null and void. 13. 1NDEMNlTY lNSURANCE: Granfee assumes alf risl� of loss or injury ta property or persons arising from any of its operations under this Agreement, and agrees to indemnify and hold harmless the City af FQrt Worth from al1 claims, demands, staits, judgments, costs or expenses, incfuding attorney's fees, arising from any such loss ar injury. It is expressly understood that the provisians contained herein shall not in any way limit the liability of the Grantee. Grantee agrees to maintain insurance as follaws: A. Minimum Limits: Page 4 of 7 Revised by CRL 03052129 1. Commercial General Liability: 2. Autamobile Liabilify insurance: B. Other Insurance Terms: 500, 00_QO per occurrence $2,Q00,�00.00 aggregate $1,OOp,Q00.00 each accident. Coverage is to include "any auto" used by Grantee. Coverage shall include laading and unloading. 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 favar of the City. 3. Grantee's insurance poiicies �hall be endarsed to provide a minimum 30 days nofice of cancelfation, non-renewal, or material change �n coverage, such notice to be sent to the City at the address set forth befow. 4. City of Fart Worth shall receive Certificates of Liability insurance prior to Grantee beginning work. 5. Insurers shall be acceptable to the City af Fort Worth and Insurers shall be duly authorized by the Texas Department of lnsurance. 6. Grantee's insurance policies shall not have a greater than $50,000.00 deductible per occurrence unless otherwise appraved by City. 7. Insurance agencies used by Grantee shali be duly licensed in the State af Texas. 14. RETENTI�N OF RIGHTS BY CITY: The City, in granting this privilege, fully retains and reserves all the rights, pri�ileges, 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 privil�ge shall in no way intertere with the lmprovemen#s or maintenance, on any streets, alleys or public ways, and the righfs of the Grantee herein ta use the sfireets shall at all times be subservient to the right of the governing body of the Ciiy of Fort Worth to fully exercise its rights of control over sfreets, alleys and public ways. Page 5 of 7 Revised by GRL 03052121 'lS.AMENDMENTS: The City expressly reserves the right, after due natic� to Grantee, to modify, amend, alter, change, or eliminate any of the provisions af this privifege and to impose such additionaf condi#ions upon the Grantee as may be just and reasonable as determined by the City Council, the conditions ta be those deemed necessary for the purpose of insuring adequate service to the public. 16.ASSIGNMENT 4F AGREEMENT: This Agreement and any and all rights and obligations hereunder may be assigned by the Gr�ntee only with the prior written consent of the City Council. All provisions of this Agreement shalf apply to the Grantee, its successors or assigns. 17. SEVERABILITY: If any section, subsection, sentence, clause, phrase, or other partion of #his Agreement is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legis[ative body, or other authority of campe��nt jurisdiction, such partion shall be deemed a separate, disfirtct, and independent portian. Such declaration shall not affect the validity of the remaining portions herein, which other partians shall continue in full force and effect. 18. MAILING OF NOTICES: Every notice to be serv�d upon the City ar the Grantee shall be hand de(ivered ar sent by certified mail, return receipt requested. Every such cammunication to the City shall be delivered or sent to the Assis�ant Director af Sofid Waste Setvices at the foilowing address: 410Q Calumbus Trai[, Fort Worth, Texas 76'133. Every such notice to the Grantee shall be delivered or sent to PO Box 123941, For� Worth, Texas 76921. The maiiing of such notice sha(! be equivalent fia direct personal notice and shall be deemed to have been given when received. Eiiher pariy may, upon written notice to the other party, change the address specified in this section. 19.APPLiCABLE LAVV AND VENUE This Agreement shall be deemed to be executed in the City af Fort Warth, Texas, regardless of the domicile of #he Company, and shall be governed by and construed in accordance with the laws of the State of Texas. Venue far any legal actian or proceeding arising under or relating to this Agreement shal! be in Tarrant County, Texas. 2D. EFFECTIVE DATE: This Agreement shall be effective an the date signed by the City Secretary as shown below_ . Page 6 af 7 Revised 6y CRL 03�52121 IN WlTNESS HEREOF, the City and Grantee have executed this agr�ement by their authorized representatives: CITY OF FORT WORTH �aGe�ie w�G�i�r�to�r Valene Washington (May 5, 20 14:14 CDT) Valerie Washingion Assistan# City Manager GRANTEE ,�a�� Tit1e: Office Manager Date: o3i22�zoz� RECOMMENDED BY: Robe✓f smouse Robert Smouse (May 5, 202ll245 CDT) Rabert Smouse Assistant Code Campliance Director, Solid Waste APPROVED AS TO FORM AND LEGALITY: WITNESS: ��.��:a�� � .���—%��rr�� '�,� � ' ��,r�s�aR �op��R�y�,o�ds�Mays,zo �� T, Name: � Christa R. Lopez-Reynolds Sr. Assistant City Attorney Title: Dispatcher ��.���� � ATTEST: ��p�coFORr�oa�� a p� o° C� (��° o��� `/�/ V �\�� � � � ° (� ��*o o*�� Mary J. Kayser �� °°0000000°° a Gity Secretary a���nExA`'��a� Qafe: May 5, 2021 CONTRA,CT C4MPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration af this coa�tract, including ensuring all per perfox-�mance and reporting requirements. cGr��� t��ne�� Christian Harper (May 5, 20 1 ll:57 CDT) Christian Harper Code Contract Services Administrator Revised by CRL 03052921 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Pa ,..