HomeMy WebLinkAboutContract 60980CSC No. 60980
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, Denton, Parker and counties, acting through Valerie
Washington, its duly authorized Assistant City Manager, and �� 1c sC_ I
("Grantee"), acting through�ri.f, (��,.�s_., its duly authorized representative.
WHEREAS, the City Council has enacted regulations affecting the business of
collecting and transporting municipal solid waste produced within the City in Sections
12.5-850 through 12.5-863 of the City Code; and
WHEREAS, Section 12.5-850 requires any person who wishes to engage in the
collecting and transporting municipal solid waste produced within the City to enter into
non-exclusive privilege agreement; and
WHEREAS, Section 12.5-856 requires payment by Grantee of ten percent (10%) of
Grantee's total gross hauling revenue from the collection and transporting of municipal
solid waste produced in the City; and
WHEREAS, Grantee has made application 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 (5) 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.
Page 1 of 7
Revised 4125123
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
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 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 agreement 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.
Page 2 of 7
Revised 4/2&23
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.
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 ten percent (10%) 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.
A 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) Delinauent 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.
Page 3 of 7
Revised 425✓23
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;
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 thirty (30) days to cure the breach. If the breach
is not cured within thirty (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:
Page 4 of 7
Revised 4/25a3
1. Commercial General Liability:
2. Automobile Liability Insurance:
B. Other Insurance Terms:
500, 00.00 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.
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, 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 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.
Page 5 of 7
Revised 4/2&23
15.AMENDMENTS: The City 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
123941, Fort Worth, Texas 76121. 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 on the date signed by the
City Secretary as shown below.
Page 6 of 7
Revised 4/2523
IN WITNESS HEREOF, the City and Grantee have executed this agreement by their
authorized representatives:
CITY OF FORT WORTH GRANTEE
Valerie Washington
Assistant City Manager Title: G1F0
Date: 1 /1 gi a
RECOMMENDED BY:
k_7&
OJames Keezell
Assistant Environmental Services Director
APPROVED AS TO FORM AND LEGALITY:
Christopher Austria
Assistant City Attorney
poi�4U
FORT��d
ATTEST: ;_'�
P CIg �=d
°
ddQ� nEXASop
Jannette Goodall
City Secretary
Date:
WITNESS:
r
Name:
Title: R J r la*vl l Qe l
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all per performance and reporting requirements.
Christian Kanner
Christian Harper (Feb 9, 202414:22 CST)
Christian Harper
Contract Services Administrator OFFICIAL RECORD
M&C 23-0994 CITY SECRETARY
FT. WORTH, TX
Page 7 of 7
Revised 41251*23
M&C Review, Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT WORT II
Create New From This M&C
REFERENCE **M&C 23- 22GRANT OF PRIVILEGE
DATE: 11/28/2023 NO.: 0994 LOG NAME: COMMUNITY WASTE
DISPOSAL L.P.
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Agreement Granting a Non -Exclusive Privilege to
Community Waste Disposal L.P. Pursuant to Chapter 12.5, Article VIII "Solid Waste and
Recycling," Division 5 "Private Collectors" of the City Code, to Collect and Transport
Municipal Solid Waste
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an agreement granting a non-
exclusive privilege to Community Waste Disposal L.P. , pursuant to Chapter 12.5, Article VIII "Solid
Waste and Recycling," Division 5 "Private Collectors" of the City Code, to use public streets, alleys
and thoroughfares within the City for the business of collecting municipal solid waste.
DISCUSSION:
Community Waste Disposal L.P. has submitted an application for a Non -Exclusive Privilege
Agreement (Agreement) to collect and transport municipal solid waste generated by businesses,
industries and apartment complexes 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 Environmental
Services has determined the applicant meets the requirements of the law and the City Code and
recommends that the City Council authorize the Privilege Agreement which must be passed by a two-
thirds vote.
In accordance with the terms of the Agreement, Community Waste Disposal L.P. shall pay to the City
a fee of ten percent of gross revenues derived from its commercial collection and transporting
operations within the City. Such fee shall be paid on a quarterly basis due on April 30th, July 31 st,
October 31st and January 31st for the preceding quarter. Community Waste Disposal L.P. 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 quarterly reports.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and execution of
the agreement, funds will be deposited into the Solid Waste Fund. The Envrionmental Services
Department (and Financial Management Services) is responsible for the collection and deposit of
funds due to the City.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I I ID I I Year (Chartfield 2)
http://apps.cfwnet.org/council_packet/me_review.asp?ID=31619&councildate=l1/28/2023 2/9/2024
M&C Review
Page 2 of 2
Submitted for Citv Manager's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Valerie Washington (6199)
Cody Whittenburg (5455)
Christian Harper (2488)
Communitv Waste Disposal Form 1295 2023.pdf (CFW Internal)
CWD amAcation.0f (CFW Internal)
CWD COI 2024.0f (CFW Internal)
FID TEMPLATE GOP Communitv Waste Disposal.XLSX (CFW Internal)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=31619&councildate=l1/28/2023 2/9/2024