HomeMy WebLinkAboutContract 28657`'s'`�',�, ��C:���.qRY - ,-�
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1�ON-�XG�USIVE PRI1�i��C� A�R���f1�NT
This Non-Exclusi�e Pri�ilege Agreem�nt (hereinafter referred to as "Agreemenf") is
entered into by and befiween the City o�F Fart Wor�h, Texas ("City") a home-rule
municipality focated within Tarrant and ❑entan Coun�ies, acting through Libby Watson,
ifs duly aufharized Assistant Cifiy Mar�ager, and Hank's Roll-off & 1Jllaste S�tvice, Inc.
("Grantee°), acfiing through Adrian Lopez, its duly autnorized representati�e.
WHEREAS, the Ci�r desires fo regulate �h� business af
muni�ipaf salid wasfe produced within the City by entering
agreements wi�h persons engaged in such business; and
collecting and transporting
in#o nor�-excfusi�e pri�i�ege
WHEREAS, Grantee desires to engag� in fihe business ofi collect�n� and firansporting
municipal sof�d waste produced wifhin �he City;
NOW THEREFORE,
herein set forth, and
of which is hereby
follows:
for and in consideratian af the mutual pramises and agr�ements
other good and �valuable consideratian, ti�e receipt and sufficiency
confessed and acknowledged, tih� City and Grant�e agree as
'1. PRIVI��GE: A non-exclusive privilege is hereby granted to use the public sfreets,
alleys ��d thoroughfares within the corporate limits af the City of Fort Worth for the
p�rpase of engaging in �he business of collection of solid waste. .
2. TERM: The ferm of �his Agreement shafl be for a periad of fi�e {5) years. This
Agreement shalf automafically r�new a� the end of e�ery fi�e year term of the
Agreemen� unless notice of termination is provided by on� party �o #he other af least
thirfiy (3Q) days prior to fhe date of renewal.
3. SCOPE AND NAT�RE OF �PERATION: 1t is expressly understaod and agreed t�af
the Granfee may collect and deliver for disposa! all solid wasfe, incfuding recyclable
materiafs, accumu�afed on premises wifhin tne corporate limits of fihe City, where the
indi�iduals or com�anies contract with the Grantee for those services excludirtg
resic�enfial service other than apartment complexes and motels. Gran#ee wiil, a� its
own expense, furnish pe�-sonnel and equipment to coliect solid waste and will
establish and maintain in an efficient and business[ike manner the contracted
services. Grantee will furthermore comply with all pertinenf rules, re�ulaiions, laws,
and ardinances as direcfed by the City of Fort Worfih and a11 other go�ert�menfai
entities having jurisdictio� fihereupon.
4. REGULATION OF VEHICLES,: A�I �eh�cles used by the Grantee for the collecfiion
and transporkation of solid was�e snall be regis�ered with the City, shall have a
permit attached �hereto, and shall be co�ered at al[ fimes while loaded and in transit
to prevent ��e spillage of solid waste onto the publie sfireets or praperties adjacent
thereto. Any spillage wiii be pramptiy recovered by the Grantee. All ��ha�� ,y��n,�
by the Grant�e sha!] be clearly marked with �he Grantee's name in l�tt��� �c��;�
fihan four t4) inches in height. Alf such �ehicles shall be cleaned and �n��ir�� �. �
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Revised by CRL ' _ — - - - �
2(i020829v7
Grantee so as ta be in good repair and of good appearance and, when idle, free of
solid waste residue as may cause o�ar ar pro�ide a breeding place for vectors.
5. REGULATION OF LEASED CONTAINERS: I� is s�ecifically unders�ood and agreed
that the City of Fart Vllorth shall permit the Grantee #a rent or lease cantainers for
collection �urposes to the owner or acc�pant of any premises within �he corporate
limits of the City, excluding residential customers other than apartment complexes
and motels, far colfectlon purpases subject to the foilawing requiremenfis:
(1) ALL such containers shall be constructed according to good industry
practice in t}�e trade;
(2) ALL such containers shail be equipped with suitable co�ers to prerrent
blowing or scattering of solid waste while being �ransported for disposal of
their con�ents;
�3} ALL such containers shall be cieaned and maintained by grantee so as to
be in good repair, of a goad appearance and free of such salid waste
residues as may cause odor and provide a bre�ding place fior vecfiars;
{4} ALL s�ch containers used for �he disposal of food waste nr other
putresc�bfe material sha�i be serviced no Iess than two times per week,
� and
(5) A�L such containers shal] be clearly marked with the grantee's name and
. telephone number in letters not less than four �4} inches in heigh�.
The City of Fort Worth and fhe Grantee expressly �gree thaf regardless of any
responsibility which may be placed on fhe cifizens of Fort Wortt� or other third
parties for the aE�or�e fve requiremenfis, the Grantee �ar�der this contract agrees to be
responsible for each of the five requirements and to fulfill eacf� af them witF�out
assert[ng f�ey are the responsibility vf some fhird party.
6, DAMAGE TO PUBLIC PROPERTY: Granfee expressly agrees to ass�ame liability
for �li costs of repair of puhlic streets, bridges, rights-of-way, and ot�er facilities that
are damaged as a result of negligence by Grantee, its officerS, agents, or its
employees durir�g it's operat�ons pursuant to fhis agreement.
7. �ISPOSAL OF SOLID WASTE: It is specifically understvod and agreed that
Grantee will camply witt� all rules, regulations, laws and ordinances pertaining ta the
disposal af solid waste as direcfed �y respar�sible gavernmenfal agencies ha�ing
jurisdicfion fhereupon. Dispasal of all solid waste collected by the Granfee from
premises wi#hin the corparate limits of the City of Fort Wor�h must be made at a
lawfully permitfed sanitary land�ill. Grantee's violation of this pro�ision shail ,be
cause far r�vocation of this Agreement. � T
Revised by CF1t
20D20829v9
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8. S�LID WASTE COLLECTI�N: The collectian ofi solid waste between fhe hours of
11:00 p.m. and 6;OQ a.m. shafi be prohibifed. However, Grantee may see�
permission from the Director of Enviranmental Management ("Direcfor"} in writing by
stating fhe par�icular hours Grantee wishes fio coE�ect waste and the reasons
necessary for this except�on. Upon recei�ring a written request, which musf be
mailed by the US Postal Serviee, refurnec� r�ceipt request�d, fihe Directar shall ha�e
ten (10) days to make a determination and shall nofify fhe Grantee in writing of t�e
decision withir� fifteen (15) days of fhe receiv€ng no�ice. The Direc�or reserves the
right ta review fhat decision if a complaint is recei�ed. The Directar shall notify fhe
Grantee, and the Grantee may present evidence to the Direc#or or designated
representafi�e regarding such comp[aint. The Direcfar or his designated
� r�presentati�e shall determine (1) whether such co[lection between fhe haurs of
1'f:00 p.m. and 6:00 a.m, di�, in tacf, occur at thafi location �nd was the cause of
such complaint, and if so, (2} whether such collection a� those �ours and at that
loca#ion should be prahibited and #he GTantee's exception re�a�ed.
9. FEE: For and in consideration of the covenants and agreements herein coniained,
Grantee hereby agrees to pay to fhe City of Fort Vllorth a fiee of five percent (5%) of
the gross revenues generated from Grantee's operations within the City.
(A) Caicula#ion: The calculation of gross revenues ger�erated from operations
within ihe City shali include all reven�e deriv�d, directly or indirectfy by
Granf�e trom or in connection with its aperatior�s within the service area
co�ered by this agreement, excluding revenues generated firom contracts
with fhe City far residential gari�age and recycling services, as defermined
in accordance with generalfy accepted accounting p�inciples. Gross
re�enues sha[I include, but are nofi limited ta, r�venues recei�ed from the
col�ection and disposai of all solid waste.
{B) Fee Pavment: The fe� shal! be paid on a quarterfy basis no later than
�hirty {30) days after the end of each c�l�ndar quarter. The payment shall
be made �o the City of Fort Worth, Department af En��ronmen�al
Management, Sofid Waste Manag�ment Di�ision, 4100 Columbus Trail,
Forfi Worth, TX 76'133.-
�(C) Delinctuent Pavments: Fee payments recei�ed after fhe due date shafl be
subject to interest at the rat� of twel�e ('!2%) percenf per annum until the
fees are paid in full.
'i 0. REP'ORTS: Each quarterly payment shall t�e accompanied by � financial
accounfing report using the form which is attached as Exhibit A, shawing the basis
fior the com�utat�an of the quarterly payment and
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Revised by CRL
20020829v?
�otal estimated valumes ofi soiid was�� collected by the solid waste haul�r
with sepa�ate figures for mul�i-family li�ing units, ar�d fram co�r,r��+�l ��
accounts; �����'�
1 �e�� ��������
I� �i 51'tTti`�'W�li� I�bH�
b) totaf es�imaied �o[umes of waste material recycled by the sofid was�e
hauler, wifh separate figures for multi-family li�ing units and fram
commercEal accounts; and
c) a descripfiion and the total esfimaiec� valumes of �ach type of wast�
ma#erial recycied �y the solid waste haufer.
1'!. AUDITING BOOKS AND RECORDS: The City sha11 ha�e the authority �o arrange
far and conduct, af the City's ex�ense, an audit of the books and records of the
Grantee af the Grantee's locafion. The records Ecept on sifie �y Grantee shall
include at a mihimum the list of accounts, the number and srze of coniainers, the
frequency of collecfion and the revenue generated. The Grantee shafl be gi�en at
least five (5) days notice of the audat, a descripfion of and fhe purpose for the audit,
and a d�scription, to tt�e best of fhe City's ability of �he books, records, and
dacuments the City wish�s to review. Grantee shalf pay� the costs of audifi �f fihe
results ofi the audit esfabfish that Grantee has underpaid the �Fees reqt�ired
hereunder in any given year by 5% or more.
12. FORFEITURE: The faif�re or ref�sal of the Granfiee to comply with any of the
pro�isians af this Agreement or any af t�e provisions of #he Co�e of #he City of Fart
Worth, or ar�y other applicable rules, regt�lations, laws and ordinances shall be
deemed a breach ofi this Agreement. The Director shall notify fihe Graniee of such
breac� and fhe Grantee shall have 3Q days to c�re the breach. If the breach is nofi
cured within 30 days a�d no "good faith" effort is being made fo cure the breach,
the Director may recommend fo the Gity Council that at a regularly scheduled City
Cau�ci[ meeting it should declare fhe pri�ilege farFeitad and may exclude the
Grantee from further use of the streets of tne City under fihe privilege. The Grantee
shall fhereupon immediatefy surrender all rights in and under the privilege and the
pri�ilege shal! be nup and void.
13. INDEMNITY INSl1RANCE: Gran�ee assumes all risk of lass ar in�ury to property or
persons arising from any o�F ifs operaiions �nder this Agreement, and agrees to
indemnify and hofd harm[ess tF�e City of Fort Worth from all claims, demands, sui�s,
juc�gments, costs or expenses, including attorney's fees, arising from any such loss
or injury. If is expressly understoocf that the prpvisians con#ained herein shal� not in
any way limit the I'rability of fihe Grantee. Grantee agrees to maintain insurance as
follows:
A. Minim�m Limits:
1. Commercial Ger�era[ Liability: $1,aoo,000.DQ pe�' occurrence
$2,OOO,DOO.OQ aggregate
2. Automobile Liability Insurance: $'l,00�,000.00 eaeh accident.
Co�erage is fo include "any au�a"
�tsed by Grantee. C ve�a,�� _ � _
shall include loadin��r�� �
unfoading.
Revised by CRL � �
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20020829v9 ' � - -
3. Workers' Compensation Insurance:
Part A:
Stat�tary limits
Part B: Employer's liability
$1,OOO,DOO.OQ each accident;
$1,000,0O�.OD disease - pa�icy
limit, and
$1,OQO,OOO.QO disease - each
employee
4. Pvilution Liabilify Insurance
5. Exc�ss Umbrella Liability:
B. Other Insurance Terms:
$1,OU�,a00.OD per occurrence
$2,Q00,0[}0.0� per occurrence
1. The City of Fort Worth shall be endarsed as an additiana[
insured on �ach ofi Grantee's insurance policies. �
2. Grantee's insurance sl�ail be endorsed with a wai�er of
sub-rogation in �avor ofi the ��City.
3. Grantee's insurance policies shall be endorsed to pro�ide a
m�r�imum 3D days notice af cancellatio�, non�renewal, or
material change in coverage, s�ch notice to be sent ta the City
at the address se# forth below.
4. Ciiy of Fork Warth shall receir�e Certificates pf Liabi[ity Insurance
prior to Grantee beginning woric.
5. Insurers sha[I be acceptable to ihe Ci�y af For� Worth and
lnsurers shall be duly authorized by the Texas Department of
insurance.
6. Grantee's insurance pafcies shall not ha�e a greater than
$50,�00.00 deductible per accurrence unless otherwise
appro�ed by City.
7. Inst�rance agencies used by Granfee shall be duly licensed �n
the State of 7exas.
14. RETENTiON �F RlGHTS BY C1TY: The City of Fort Worth, in granting ihis
pri�ilege, fully retains and reserves alI the rig�ts, pri�ileges, and immunities that it
now has under the law �a fulfy patrol and police the streets, alieys an� ;��a��LiQ:�r�u�
within ihe City, and the granting of this privilege shall in no way int � u�t?�, �i'�
improvemen�s or maintenance, on arty st�eets, alleys ar public ways, n�ba�i� �+y���
,�
Revised by CRL - - - ��-t _
2Q020829v1
of the Grantee herein to use the streets sha�1 at alf times be subservfent to �he right
of the governing body of the Cify of Fort Wor�h ta fuAy exercise i�s rights of cantrol
o�er stre�fs, alleys an� public ways,
15.AMENDMENTS: The City af Fort Worth expressly res�rves the right, after du�
n�tice ta Grantee, to modify, amend, alter, change, or eliminate any of the
provisions of this privilege and to impose such additiona] conditions upon the
Grant�e as may be just and reasanable as determined by the City Council, the
candEfiions to be thase deemed necessary for the purpose of insuring adequate
service to fhe pubiic.
16.ASSIGNMENT OF AGREEMENT,: Th�s Agreement and any and all rights and
obligaiions hereunder may be assigned by fhe Grantee only with the prior written
consent of the City Council. A�1 provisians of fihis Agreemenfi shal[ apply fio the
Grantee, its successors or assigns.
17. SEVERABILITY: I� any section, su�sectior�, senfence, clause, phrase, or other
portion of t�is Agreement is, for any reason, declared invalid, in whole or in part, by
any court, agency, commission, legisfative bady, or other authority of competent
jurisdiction, such portian shall be deemed a separate, distinct, and independ�nt
portio�. Such declaration shail not affect the validity� of the remaining portions
herein, which ather portions shall confinue in full force and effect.
18. NfAILiNG OF NOTICES: Every notice �o be served upan the .Ci#y or the Grantee
shall be hand delivered vr sent by cer�ified mail, return receipt requested. Every
such cammunieafion to the City shali be deliWered or sen# fo the Assistan# Director of
Envirpnmenfal Management at fhe following address: 4'I QO Columbus Trail, Fo�t
Worth, Texas 76133. E�ery such n�tice to the Grantee shall be deiivered or sent to
110'I Cantreil Sansom Road, Suite 10Q, Fork 1North, Texas 7613'! . T�e mailing af
such notice shalf be equivalent to direci personal notice and shall be deemed #o
have bee� girten when received. Either party may, upon written nofice to the other
party, change the address specified in this sectian.
19.APPLICABLE LAW AND VENUE.: This Agreement shall be deemed to be execu#ec!
in the City of For� Worth, Tex�s, regardless of the domicile of t�e Company, and
shall be gorrerned by and consfirued in accordance with tt�e laws of the State of
Texas. Venue for any legal action or proceedir�g arising und�r or relaiing ta this
Agreem�nt shall be in Tarrant County, Texas. .
2Q. EFFECTIVE DpTE: This Agreement shall be effective March � 8, 2003.
vi� u c�:�lsl�
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Rsvised 6y CRL �
20420829v1
IN WITNESS HEREOF, the City anc�5��tee hav� exe�t�ted this agreement by �I��ir
aufhorized representatives on �his 1 . day of -' �. ��� .. _ -: �� � -•-- �' .
THE CITY OF FORT WORTH, TEXAS
:
I
,�.�_ �� , -
`��y w�t�m��`_
Assistant Cifiy Manager
HANK'S R�LL-�FF &
WASTE SERVICE, iNC.
By: �� ��
Adrian Lopez '
Secretrary
APPRDVED AS T� FORM AND LEGALITY: WITNESS:
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Assistan� Ciiy Attorney
ATTEST:
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(�loria Pe on
City Secr�ry
City af Fort Worth
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Contr��t �,ut�arixa'�ion
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1���e
Name:
Tifle: �f�� ��P�'r
CORPORATE SEAL.
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Revised by CRL
2Q020823v1
�'ity of �ort �ortl�p T'ex�s
�y��� ��� ["���rn�°�l ����+�r��������
�ATE REFERENCE NUMBER LOG NAME PAG�
3118103 **��� 9�1,� ��HANK 9 of 1
sus.��cT - AUTHORIZA�ION TO GRANT A N�N-EXCL�51V� PRIVILEGE TO HANK'S ROLL�
OFF & WASTE SERV�CE, 1NC. TO COLLECT AND TRANSPQRT MUNICIPAL 50LID
WASTE IN �ORT' WORTH
R�COMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement granting a
nan-exclusive pri�ilege to Han�C's Rall-Off & Waste Service, Inc. for a periad of five years, effecti�e this
date, to use public streets, alleys, and thoroughfares within Fort Wc�r�h fior the business af collecting
municipal solid waste.
DISCUS510N:
Hank'S Rol�-Off & Waste 5ervice, Inc, has submi#ted an application for a non-�xclusi�e pri�ilege to
callect and tran�po�t municipaf solid waste generated by businesses, industries, and apartment
complexes in Fart Warth. The proposecl agreement is f�r a period of five years, and will automatically
renew unfess na�ice af f�rmination is provided by one party to the ather at least 30 days prior to the
date of the renewal.
fn consideration af this privilege, Hank's Roll-Off & Wasf� Service, Inc. sha�l pay to the City a fee of �%
af gross re�enues derived fr�m its commercial collection aperations wit�in the City. Such fee shall be
paid on a q�aarterly basis na later than 30 days after the end of each calendar quarter. Hank's Roll�Off
& Waste Service, Inc. shall camply with other provisions as specified in the agreement.
FISCAL INFORMATfONICERTIFICATION:
The Finance Director certifies that the Solid Waste �iwisian of the En�ironmental Management
Department will be responsible far the collection and deposit of funds from this agreement.
LW;k
Submitted for City Man�ger's
()ftice by:
Libby Watson
Origis�ating Depart�nent Head:
Srian Boerner
Additianal Information Contact:
Brian Soemer
FUNp �ACCOUNT
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CENTER I AMOUI�[T
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CITY SLCRETARY
APPROVED 3118/03