Loading...
HomeMy WebLinkAboutContract 64178CSC No. 64178 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, Johnson, Parker and Wise counties, acting through Valerie Washington, its duly authorized Assistant City Manager, and Sunbelt Vacuum Service, Inc. dba Sunbelt Disposal & Recycling ("Grantee"), acting through Dewight Armor, its duly authorized representative. WHEREAS, the Fort Worth City Council ("City Council") has enacted regulations affecting the business of collecting and transporting Municipal Solid Waste produced within Fort Worth City Limits in Sections 12.5-850 through 12.5-863 of the City Code of the City of Fort Worth ("City Code"); and WHEREAS, Section 12.5-850 of the City Code requires any person who wishes to engage in the collecting and transp01ting of Recyclables, Organics, and Municipal Solid Waste produced within Fort Worth City Limits to enter into a non-exclusive privilege agreement with the City; and WHEREAS, Section 12.5-856 of the City Code requires payment by Grantee often percent (10%) of Grantee's total Gross Hauling Revenue, including Indirect Revenue, from the collection and transporting of Recyclables, Organics, and Municipal Solid Waste produced within Fort Worth City Limits; and WHEREAS, Grantee has submitted an application to engage in the business of collecting and transporting of Recyclables, Organics, and Municipal Solid Waste produced within the Fort Worth City Limits. 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: I. DEFINITIONS The terms listed below shall have the following meanings. The definitions in this Agreement shall control over the definitions located in the City Code. Any other term that is used in this Agreement, but not defined in this section, shall have the meaning as defined in the City Code: A.City Limits: The corporate limits of the City of Fort Worth. B.Compost or Composting: The controlled microbial degradation of organic waste, which includes food, yard and mixed municipal solid wastes. C.Direct Hauling Revenue: Revenue derived from commercial account and temporary bin service (e.g. roll-off box, box hauling, and box drop-off). NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 1 of9 D. Gross Hauling Revenue: Revenue that is inclusive of Direct Hauling Revenue and Indirect Revenue as defined herein. This revenue shall be determined in accordance with genei�ally accepted accounting principles ("GAAP") promulgated by the Financial Accounting Standards Board. E. Indirect Revenue: Revenue generated fi•om fees and surcharges charged to the customer for the adininistration, collection, and disposal/processing of recyclables, oi•ganics, and municipal solid waste. F. Municipal Solid Waste: Solid waste resulting fi•om or incidental to municipal, community, cominercial, institutional or recreational activities, and inchides garbage, rubbish, ashes, street cleanings, dead animals, and other solid waste other than industrial waste. G. Organics or Organic Materials: Biodegradable waste comprised of non-recyclable food wastes, fish, plant inaterials, and paper that is collected separately fi•oin other inunicipal solid wastes and separated at the soLu�ce fi-om other municipal solid wastes by municipal solid waste generatots for the purpose of preparing it for use as Compost, and is delivered to a coinpost facility. H. Recyclable oi• Recyclable Materials: Single-stream and source-separated residential or coimnercial by-products with potential economic value that are set aside, handled, pacicaged, or offered for collection in a manner distinct fi•om regular municipal solid waste and ar•e subject to separate collection methods to facilitate their reuse or reprocessing. Tempora�•y Bin Service: Project-based bin or roll-off seivice for residential or commercial putposes. II. 1. Privile�e. A non-exclusive privilege is hereby granted to use the public streets, alleys and thoroughfares within City Limits for the putpose of engaging in the business of collection of Recyclables, Organics, and Municipal Solid Waste. 2. Term. The tei7n of this Agreement shall be for a period of five (5) years, effective on the date signed by the Assistant City Manager. This Agt•eement shall be renewed upon mutual written agreement of the parties 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 or the terms of the Agreement are violated by the Grantee. 3. Scope and Nature of Opei•ation. It is expressly understood and agreed that the Grantee may collect and deliver for disposal all Municipal Solid Waste, for processing Organic Matei•ials and for processing all Recyclable Materials, accumulated on premises within City Liinits, where the individuals or companies contt�act with the Grantee for those seivices—excluding residential service other than apartment complexes and inotels. Grantee, at its own expense, shall furnish personnel and equipment to collect Recyclables, Organics, and Municipal Solid Waste, and shall NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 2 of 9 establish and perform the contracted services in an efficient and businesslilce manner. Grantee shall fiirtherinore coinply with all pertiilent rules, regulations, laws, and ordinances as directed by the City and all othei• governmental entities having jurisdiction thereupon. 4. Re�ulation of Vehicles. All vehicles used by the Grantee for the collection and transportation of Recyclables, Organics, and Municipal Solid Waste shall be registered with the City in accordance with Section 12.5-857 of the City Code, shall have registration attached thet•eto, and shall be covered at all times while loaded and in transit to prevent the spillage of any materials onto the public streets or properties adjacent thereto. Any spillage shall be promptly recovered by the Grantee. All vehicles owned by the Grantee shall be clearly marlced 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 Ue in good repair and of good appearance and, when idle, fi•ee of solid waste residue as may cause odor or provide a breeding place for vectors. 5. Re�ulation of Leased Containers. It is specifically understood and agreed that the City shall permit the Grantee to rent or lease containers for collection purposes to the owner oi• occupant of any preinises within City Limits for collection puiposes subject to the following requireinents: a. ALL containers shall be constructed according to good industty practice in the trade; b. ALL containers shall be equipped with suitable covers to prevent blowing or scattering of Recyclables, Organics, and Municipal Solid Waste while being transported for disposal of their contents; c. ALL containers shall be cleaned and maintained by Grantee so as to be in good repair, of a good appearance and fi-ee of such Recyclables, Organics, and Municipal Solid Waste residues as may cause odor and provide a breeding place fot• vectors; d. ALL containers used for the disposal of food waste or other putrescible material shall be seiviced no less than two (2) times per week; and e. ALL containers shall be clearly marlced with the grantee's name and telephone number in letters not less than foui• (4) inches in height. The City and the Grantee expressly agree that regardless of any responsibility which inay be placed on Fort Worth residents or other third parties far the above five requirements, the Grantee under this agreement agrees to be responsible for each of the five requirements and to fuliill each of them without asserting they are the responsibility of some third party. 6. Dama�e to Public Property. Grantee expressly agrees to assume liabiliry for all costs of repair of public streets, bi•idges, rights-of-way, and other facilities that are damaged as a result of negligence by Grantee, its officers, agents, or its einployees during its operations pursuant to this agreement. 7. Disposal of Municipal Solid Waste. It is specifically understood and agreed that Grantee shall comply with all rules, regulations, laws, and ordinances pertaining to the disposal of Municipal Solid Waste as directed by responsiUle governmental agencies having jurisdiction thereupon. Disposal of all Municipal Solid Waste collected by the Grantee from premises within City Limits must be made at a sanitaiy landfill or transfer station that is in compliance with NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 3 of 9 applicable law. Grantee's violation of this provision shall be cause for revocation of this Agi•eement. 8. Recyclable Materials. It is specifically understood and agreed that the Grantee shall comply with all rules, regulations, laws and ordinances pertaining to the collection, transportation and processing of Recyclable Materials as directed by responsible governmental agencies having jurisdiction thereupon. The processing of all Recyclable Materials collected by the Grantee fi�om premises within City Limits inust be inade at a Recyclable Materials recoveiy center that is in compliance with applicable law. Grantee's violation of this provision shall Ue cause for revocation of this Agreement. 9. Or�anic Materials. It is specifically understood and agreed that the Grantee shall comply with all iules, regulations, laws and ordinances pertaining to the collection, transportation disposal and/or processing Organic Materials as directed by i�esponsible governmental agencies having jurisdiction thereupon. The processing of all source separated Organic Materials collected by the Grantee fi�om premises within City Limits must Ue made at a compost facility that is in compliance with applicable law. Grantee's violation of this provision shall be cause for revocation of this Agreement. Disposal of all Organics collected by the Grantee from premises within City Limits that cannot be processed must be inade at a sanitary landfill or transfer station that is in compliance with applicable law. Grantee's violation of this provision shall be cause for revocation of this Agreement. 10. Prohibited Collection Hours. The collection of Recyclables, Organics, and Municipal Solid Waste between the hours of 11:00 p.m. and 6:00 a.m. shall be prohibited. 11. Requestin� Permission for Collection Durin� Prohibited How�s. Grantee may seelc permission to perfoim contracted seivices from 11:00 p.m. to 6:00 a.m. from the Assistant Director - Solid Waste Services/Environmental Seivices Department ("Director") in writing by email or US Postal Service inail, return receipt requested, by stating the particular hours Grantee wishes to collect Recyclables, Organics and Municipal Solid Waste and the reasons necessaty for this exception. Upon receipt of a written request, the Director shall have ten (10) days to malce a determination and shall notify the Grantee in writing of the decision within fifteen (15) days of the receiving notice. The Director reseives 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 detei-�nine (1) whethei• 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 revolced. 12. Fee. For and in consideration of the covenants and agreements herein contained, Grantee hereby agrees to pay to the City a fee of ten percent (10%) of the Gross Hauling Revenue generated fi•oin Grantee's operations within City Limits. City reserves the right to modify this fee. a. 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 NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 4 of 9 ofFort Worth, Environinental Sei•vices Department, Solid Waste Sei•vices Division, 4100 Columbus Trail, Fort Worth, TX 76133. U. Delinquent Payments: 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. 13. Reports. Each quarterly payment shall be accompanied by a financial accounting report using the form which is attached as Exhibit A. 14. Auditin� Boolcs and Records. The City shall have the authority to arrange for and conduct, at the City's expense, an audit of the Grantee's boolcs and records. Grantee shall maintain its boolcs and records in accordance with the City Code. The records lcept on site by Grantee shall include, but are not limited to: • an inventoiy of all vehicles • a complete listing of all custoiners within the city including naine, address and telephone numbers • the approximated number of and location of all dumpsters and roll-off containers • the volume of solid waste and recyclable materials collected within the city limits of Fort Worth; and • all quarterly and annual reports prepared pursuant to the privilege agreement. 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 boolcs, records, and documents the City wishes to review. At the City's discretion, 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 five percent or more. 15. Revocation of Pi•ivile�e. The failure or refusal of the Grantee to comply with any of the provisions of this Agreement or any of the provisions of the Ciry Code, 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 that the City Council suspend for up to six months or revolce a privilege agreement. Upon City Council authorization to revolce this Agreement, the Grantee shall thereupon iminediately surrender all rights in and under the privilege, and the privilege shall be null and void. 16. Indemnity Insurance. Grantee assumes all risk of loss or injury to property or persons arising fi�om any of its operations under this Agreement, and agrees to indeinnify and hold harmless the City of Fort Wot-th from all claims, demands, suits, judgments, costs or expenses, including attorney's fees, arising fi-oin any such loss or injuiy. It is expressly understood that the provisions contained hei•ein shall not in any way limit the liability of the Gr•antee. Grantee agrees to rnaintain insurance as follows: NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 5 of 9 A. Mininnun Limits: 1. Commercial General Liability: $500,000.00 per occurrence $2,000,000.00 aggregate 2. Automobile Liability Insurance: $1,000,000.00 each accident. Coverage is to include "any auto" used by Grantee. Coverage shall include loading and unloading. B. Other Insurance Terins: 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 subrogation 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 worlc. 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. Insurance agencies used by Gi•antee shall Ue duly licensed in the State of Texas. 17. Retention of Ri�hts bV CitV. 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 subsetvient to the right of the governing body of the City of Fort Worth to fully exet�cise its rights of control over streets, alleys, and public ways. 18. Amendments. The Ciry expressly reserves the right, after due notice to Grantee, to rnodify, ainend, 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 necessaiy for the purpose of insuring adequate seivice to the public. NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 6 of 9 19. Assi�nment of A�reeinent. This Agreement and any and all rights and obligations hereunder may be assigned by the Grantee only with the prior wi•itten consent of the City Council. All provisions of this Agreement shall apply to the Grantee, its successors or assigns. 20. Severability. If any section, subsection, sentence, clause, plu�ase, 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 coinpetent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declat•ation shall not affect the validity of the reinaining portions herein, which other portions shall continue in full force and effect. 21. Mailin� of Notices. Eveiy notice to be seived upon the City or the Grantee shall Ue hand delivered or sent by certi�ed mail, return receipt requested. Every such communication to the City shall be delivered or sent to the Assistant Environmental Seivices Director, Solid Waste Seivices at the following address: 4100 Columbus Trail, Fort Worth, Texas 76133. Eveiy such notice to the Grantee shall be delivered or sent to 2551 S. Good Latimer Expwy, Dallas, Texas 75215. 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 speci�ed in this section. 22. Applicable Law and Venue. This Agreeinent 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 Tai7�ant County, Texas. (signature page follows) (r�emaiizder• of page intentio�ially left bla�i7c) NON-EXCLUSIVE PRNILEGE AGR�EMENT Page 7 of 9 IN WITNESS WHEREOF, the City and Grantee have executed this agreement by their authorized representatives. CITY OF FORT WORTH: By: Valerie Washington (Oct 23, 2025 08:43:54 CDT) Name: Valerie Washington Title: Assistant City Manager Date: 10/23/2025 RECOMMENDED BY: � �(l,Q_,3dt By: rf CJ -------------Name: Jim Keezell Title: Assistant Environmental Services Director, Solid Waste Services ATTEST: By: Name: Jannette Goodall Title: City Secretary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: C nstian Harper (Oct 10, 202511: 2:48 CDT) Name: Clu·istian Harper Title: Environmental Contract Services Administrator APPROVED AS TO FORM AND LEGALITY: M.Kevin Anders, 11 By: M. Kevin Anders, II (Oct 22, 2025 21:39:25 CDT) Name: Kevin Anders Title : Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0981 Date Approved: 10/21/2025 Form 1295 Certification No.: 2025-1352525 GRANTEE: Sunbelt Vacuum Service, Inc. dba Sunbelt Disposal & Recycling Dewi vit Armor By: Dewight Armo ct 10, 202511:00:05 CDT) Name: Dewight Armor Title: Owner Date: 10/10/2025 NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 8 of9 oRrRban . EXHI8IT A Clty of Fort WoAh Environmental Services Department GRANT OF PRIVILEGE HAULER QUARTERLY FINANCIAL ACCOUNTING REPORT REPORTNG PEPoOD BegnnNg Date. En0 ng Ddz' Grantee Company Name: Prlvllege Aproement tJumber: (M3me as i[ eppears on Aoreement) (CYN Secret2ry Conlrac[ Numbar F�amDla CSC�a Taxpayer ldentlficatlon Numbar (TIM: Primery Contacl Nama: Telephana PLm6er: P ysica A dress: t e n8 ress: I Gross Ravenue Genereted Wlthin Corporele Limits of the Clry of Fort Worlh �s Heullrp Rovenua Ravenue Watls fxluslve o/ dhect heulfrp roVenue and 1ndlract revonua as de0�d bulav In fM eyreomont 7hls ravonue slwll bo detemifned fn eccoi0enco wlfh O��elly acceptM occountfig princfpks 1AP') promulgeted 6y fhe Finencfel Accounfing Stenderdr Baord.) CYrecl Neul(ig Revenue: Revenue de�ived s i commaclal eccoum and (ampwary b!n servlce (e.g. mlFofl box, box haulNg, arx! box drop-oH/• Indlrecl anua Ravenuopeneraledlrom leos aM surcharpes charyed tollro customerPorfha admfnisfrefbn, collectlon, dtsposel/procasslip o7 rttyclebfas, orpeNcs, ar# mwklpel solld wasro. Total Number olAccounls ServleeE Wlthin Carporete Limits o( Ne Gry o! Fort WoAh A«��� _ (As ol lhe Les[ Da/ ol Reponn9 Periotl) Tatal Tons Of Meterlal Collected WI Wln Corpornta Llmlla of the CMy of Fort Worih To�s - (As ol Iha Last Da� ol Reponug Period) MUNCIPAL SOLID WAS1E (MSW) (Solitl waste resultine<<om or Incltlmtal to muNdpal, eommunlly, commerclal, InstHutlonal ar recrcatlanal ectivllles, entl Includes narbeqe. rub6lsh, ashes, street cleanings, tleeG anlmals, entl other aolltl waste alher than Indus4ial wasle.) RECYCLA9LE OR RECYCLAOLE MATEPoALS (Slrglasfream aM sourco-scparafM res/dantlaf or commarcla/ by�producfs wllh poten0al economk valua that aro sot aslde, hendled, peckegM, or ollered /o� collacfbn In e menrrer dlstlnc7 /rom regular munlcipal solld wasta eM oro subJocf ro sopereto colfectlon mofhods (o fecllRaro Nefr reuse or�eprocossing.) Appro�vneteA Tons of Recyc4ngCdlectetl hom Mu16�Famiy UnGs W�Ain Corperate LlmiLs d Ne Crty d Fort WaN iom ADD�o�imeletl TonS ot Rety�Ing Cdlec[etl hwn Commxrcial Accounts WiV�In Coryorete Lmns W ihe Cty of FM Wath iom NumUe1 d Rety[fng Accanis Servitea Wa�n Corporele Limis of tAe Cly o� Fal Worlh nccounts ORGANICS (9lodegretle6le waste comprfsed ol non�ecyclable foad was�es, Rsh, plenf ma(e�els, aM paperfhof fs collecfetl seperately from othermunlclpal saltd wesfes entl sepe�eted et fhe source Irom oihe� munlcfpel solltl wesees 6y munfclpal solfd weste gelrerefors !or ihe purpose olprepering Ie lor use er Composf, antl Is deflvered to omposf /acUiy.) ADProxenatedTonsdOrganksCotected(romMuliFarniyLhi6WilhinCorporateUmisoftheCM�FalWurth ioris OD�o�ate ons roanks ec[ rom ommeru Accounls A n rporele imts t e iy o w� Mn reru NumDer ot Or i[5 Accounts Senked n FM Worth WiNin Cw wWe Lmns of Ne C U FM WOM �ccown TOTAL AMOUM DLE CfrY FaR THS REPORTING PEPoa� s (10% d Gross Revcnues Autometico'y Co'aletes From In Wt Aboia) I cehly Ihat the reportetl Informatlon Is coned to the bast of myknowledge Form F�etl Ou[ @/. Da[e' SignaNre CRy ol FOR Worth Envronmentzl Sercices - Soltl Waste Pvision 4I00 Co'umbus Tra I Fort Worlh. Texss 78133 NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 9 of 9 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/21/25 M&C FILE NUMBER: M&C 25-0981 LOG NAME: 22NON-EXCLUSIVE GOP HAULER AGREEMENTS - OCTOBER FY26 SUBJECT (ALL) Authorize the Execution of Non-Exclusive Agreements Granting the Non-Exclusive Privilege to Use City Streets for Waste Hauling to Eight Private Waste Hauling Companies 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 non-exclusive agreements granting non-exclusive privilege between the City and Advantage Waste Disposal, LLC; Cleburne Metal Works LLC; Independent Waste LLC; Makau Transport, LLC dba Wildcat Dumpster Rentals - Fort Worth Roll Offs; NTV Waste Removal LLC; Sunbelt Vacuum Service, Inc. dba Sunbelt Disposal & Recycling; Sundance Disposal Solutions, LLC dba Sundance Disposal; and Sweet Dumps LLC to use public streets, alleys and thoroughfares within the City for the business of collecting municipal solid waste pursuant to Chapter 12.5, Article VIII "Solid Waste and Recycling," Division 5"Private Collectors" of the City Code. DISCUSSION: Since 1998, the City of Fort Worth ("City") has authorized private waste hauling companies a non-exclusive privilege to use City streets to conduct their business ("GOP Haulers"). Previous Mayor and Council Communications ("M&C") have authorized the City to execute Non-Exclusive Grant of Privilege Agreements ("GOP AgreemenY') with these GOP Haulers. GOP Haulers must first complete an application, reviewed and approved by the Environmental Services Director. The following eight (8) companies submitted applications for a GOP Agreement with the City to collect and transport municipal solid waste generated by businesses, industries and apartment complexes in Fort Worth. The companies which have submitted applications are listed below: • Advantage Waste Disposal, LLC • Cleburne Metal Works LLC • Independent Waste, LLC • Makau Transport, LLC dba Wildcat Dumpster Rentals - Fort Worth Roll Offs • NTV Waste Removal LLC • Sunbelt Vacuum Service, Inc. dba Sunbelt Disposal & Recycling • Sundance Disposal Solutions, LLC dba Sundance Disposal • Sweet Dumps LLC In accordance with the City Code, each applicant, if approved, shall pay to the City a fee equal to 10 percent of gross revenues derived from its commercial collection and transporting operations within the City. The Director of Environmental Services ("Director") has determined that the applicants meet the requirements of the law and the City Code. Accordingly, the Director recommends that the City Council authorize the execution of the GOP Agreements, which require adoption by a two- thirds majority vote. 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 Environmental Services Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. Submitted for City Manager's Office by: Valerie Washington 6199 Originating Business Unit Head: Cody Whittenburg 5455 Additional Information Contact: Sarah Czechowicz 5164 City Secretary’s Office Contract Routing & Transmittal Slip *Indicates the information is required and if the information is not provided, the contract will be returned to the department. Contractor’s Name: Subject of the Agreement: M&C Approved by the Council? * Yes No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes No If so, provide the original contract number and the amendment number. Is the Contract “Permanent”? *Yes No If unsure, see back page for permanent contract listing. Is this entire contract Confidential?*Yes No If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required?* Yes No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes No Contracts need to be routed for CSO processing in the following order: (Approver) Jannette S. Goodall (Signer) Allison Tidwell (Form Filler) Sunbelt Vacuum Service, Inc. dba Sunbelt Disposal & Recycling Grant of Privilege Agreement n/a Permanent Contracts Advanced Funding Agreements Architect Service Community Facilities Completion Agreement Construction Agreement Credit Agreement/ Impact Fees Crossing Agreement Design Procurement Development Agreement Drainage Improvements Economic Development Engineering Services Escrow Agreement Interlocal Agreements Lake Worth Sale Maintenance Agreement/Storm Water Parks/Improvement Parks/Other Amenities Parks/Play Equipment Project Development Property/Purchase (Property owned by the City) Property/Sales (Property owned by the City) Property/Transfers (Property owned by the City) Public Art Sanitary Sewer Main Replacements Sanitary Sewer Rehabilitations Settlements (Employees Only) Streets/Maintenance Streets/Redevelopment Streets/Repairs Streets/Traffic Signals Structural Demolition (City owned properties) Utility Relocation Water Reclamation Facility Water/Emergency Repair Water/Interceptor Water/Main Repairs Water/Main Replacement Water/Sanitary Sewer Rehabilitation Water/Sewer Service Water/Storage Tank