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HomeMy WebLinkAboutContract 64181CSC No. 64181 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 Sundance Disposal Solutions, LLC dba Sundance Disposal ("Grantee"), acting through Andrew Clagg, 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 transpmting 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 tempormy bin service (e.g. roll-off box, box hauling, and box drop-off). NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 1 of 9 D. Gross Hauling Revenue: Revenue that is inclusive of Direct Hauling Revemie and Indirect Revenue as defined herein. This revenue shall be determined in accordance with gener•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 administration, collection, and disposal/processing of recyclables, organics, and inunicipal solid waste. F. Municipal Solid Waste: Solid waste resulting fi•om or incidental to municipal, community, commercial, institutional or recreational activities, and includes garUage, 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 materials, and paper that is collected separately fi•om other municipal solid wastes and separated at the source fi•oin other municipal solid wastes by inunicipal solid waste generators for the purpose of preparing it for use as Compost, and is delivered to a coinpost facility. H. Recyclable or Recyclable Materials: Single-streain and source-separated residential or cominercial by-products with potential economic value that are set aside, handled, pacicaged, or offered for collection in a inanner distinct fi•oin regular inunicipal solid waste and are subject to separate collection methods to facilitate theii• t�euse or reprocessing. I. Temporaiy Bin Service: Project-based bin or roll-off seivice for residential or commercial purposes. II. 1. Privile�e. A non-exclusive privilege is hereby granted to use the public streets, alleys and thoroughfares within City Limits for the purpose of engaging in the business of collection of Recyclables, Organics, and Municipal Solid Waste. 2. Term. The term of this Agreeinent shall be for a period of five (5) years, effective on the date signed by the Assistant City Manager. This Agreement shall be renewed upon mutual written agreement of the parties at the end of eveiy �ve (5) year term of the Agreement unless notice of teimination is provided by one party to the othei• at least thirty (30) days prior to the date of renewal or the terms of the Agreement are violated by the Grantee. 3. Scone and Nature of Operation. It is expressly understood and agreed that the Grantee may collect and deliver foi• disposal all Municipal Solid Waste, for processing Organic Materials and for processing all Recyclable Materials, accumulated on premises within City Limits, where the individuals or companies contract with the Grantee for those seivices—excluding residential setvice other than apartment complexes and motels. Grantee, at its own expense, shall furnish personnel and equipment to collect Recyclables, Organics, and Municipal Solid Waste, and shall NON-EXCLUSIVE PRIVILEG� AGREEMENT Page 2 of 9 estaUlish and perform the contracted services in an efficient and businesslike manner. Grantee shall fiu•thermore comply with all pertinent rules, regulations, laws, and ordinances as directed by the City and all other govermnental entities having jui•isdiction thereupon. 4. Re�ulation of Vehicles. All vehicles used by the Grantee for the collection and transportation of Recyclables, Organics, and Mtuiicipal Solid Waste shall be registered with the City in accordance with Section 12.5-857 of the City Code, shall have registration attached thereto, and shall be covered at all times while loaded and in transit to prevent the spillage of any inaterials onto the public streets or properties adjacent thereto. Any spillage shall Ue 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 be 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. Regulation 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 or occupant of any premises within City Limits for collection purposes subject to the following requireinents: a. ALL containers shall be constructed according to good industiy practice in the trade; b. ALL containers shall be equipped with suitable covets 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 inaintained 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 Ureeding place for vectors; d. ALL containers used for the disposal of food waste or other putrescible material shall be setviced no less than two (2) times per weelc; and e. ALL containers shall be clearly marlced 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 Fort Worth residents 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. Dama�e 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 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 responsible governmental agencies l�aving jurisdiction thereupon. Disposal of all Municipal Solid Waste collected by the Grantee fi�oin 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 Agreement. 8. Recyclable Materials. It is specifically understood aiid 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 froin premises within City Limits inust be made at a Recyclable Materials recovery center that is in compliance with applicable law. Grantee's violation of this provision shall be cause for revocation of this Agreement. 9. Or�anic Materials. It is specifically understood and agreed that the Grantee shall comply with all rules, regulations, laws and ordinances pertaining to the collection, transportation disposal and/or processing Organic Materials as directed by responsible governmental agencies having jurisdiction thereupon. The processing of all source separated Organic Materials collected by the Grantee frotn premises within City Limits must Ue made at a coinpost facility that is in coinpliance 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 fi•om premises within City Liinits that cannot be processed inust 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� P►•ohibited Hours. Grantee inay seelc permission to perform contracted seivices fi�om 11:00 p.m. to 6:00 a.m. fi•om the Assistant Director - Solid Waste Services/Environmental Services Department ("Director") in writing by email or US Postal Service mail, return receipt requested, by stating the particular hours Grantee wishes to collect Recyclables, Organics and Municipal Solid Waste and the reasons necessacy 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 Dii•ector or designated representative regarding such coinplaint. The Director or his designated representative shall deteimine (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 coinplaint, and if so, (2) whether such collection at those hours and at that location should be prohiUited and the Grantee's exception revolced. 12. Fee. For and in consideration of the covenants and agreements herein contained, Grantee het•eby agrees to pay to the City a fee of ten percent (10%) of the Gross Hauling Revenue generated fi•om Grantee's operations within City Limits. City reseives 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 quai-ter. The payment shall be inade to the City NON-EXCLUSIVE PRNILEGE AGREEMENT Page 4 of 9 ofFort Worth, Environmental Seivices Department, Solid Waste Seivices Division, 4100 Columbus Trail, Fort Worth, TX 76133. b. Delinquent Payinents: 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 inventory of all vehicles • a complete listing of all customers within the city including naine, address and telephone numbers • the approximated number of and location of all dumpsters and roll-off containers • the voluine of solid waste and recyclable inaterials collected within the city liinits 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 puipose for the audit, and a description, to the best of the City's ability, of the boolcs, records, and docuinents 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 yeai• by five percent or more. 15. Revocation of Privile�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 City 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 recominend 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 iinmediately 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 ot• injuty to property or peisons 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 fi•om any such loss or injuiy. It is expressly understood that the provisions contained herein shall not in any way limit the liability of the Grantee. Grantee agrees to inaintain insurance as follows: NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 5 of 9 A. Minimum Limits: 1. Commercial General Liability: $500,000.00 per occurrence $2,000,000.00 aggregate 2. Autoinobile 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 Terms: 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-r•enewal, or material change in covei•age, 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 Ueginning 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 Gr•antee shall be duly licensed in the State of Texas. 17. Retention of Ri�hts bv Citv. The City, in granting this privilege, fully retains and reseives 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 govei�ning body of the City of For•t Worth to fully exer•cise its rights of control over streets, alleys, and public ways. 18. 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 pr•ivilege 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 pu1•pose of insuring adequate service to the public. NON-EXCLUSIVE PRIVILEGE AGR�EMENT Page 6 of 9 19. Assi�nment of A�i•eement. This Agreement and any and all i•ights and oUligations hereunder may be assigned by the Grantee only with the prior written consent of the City Council. All pt•ovisions of this Agreement shall apply to the Grantee, its successors or assigns. 20. Severabilitv. If any section, subsection, sentence, clause, phrase, or othei• poi•tion of this Agreement is, for any reason, declared invalid, in whole Ol' lIl part, by any court, agency, cominission, legislative body, oi� 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 reinaining portions herein, which other portions shall continue in full force and effect. 2 L Mailiu� of Notices. Eveiy 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 Environmental Seivices Director, Solid Waste Services at the following address: 4100 Columbus 'Trail, Fort Worth, i exas 76 i 33. Eveiy such notice to the Grantee shall be delivered or sent to 3000 S Hulen St, Ste 124-222, Fort Worth, Texas 76109. The mailing of such notice shall be equivalent to direct peisonal 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. 22. Applicable Law and Venue. This Agreeinent shall be deemed to be executed in the City of Fort Worth, Texas, regardless of the doinicile of the Coinpany, 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. (sig�zattare page folloivs) (remai�Zder of page intentionally left blanlc) NON-EXCLUSIVE PRIVILEG� AGRE�MENT Page 7 of 9 IN WITNESS WHEREOF, the City and Grantee have executed this agreement by their authorized representatives. CITY OF FORT WORTH: By: Va_lerie Washington (Oct 23, 2025 08:42:32 CDT) Name: Valerie Washington Title: Assistant City Manager Date: 10/23/2025 RECOMMENDED BY: �/::U,5dt By: rf CJ �------------Name: Jim K.eezell Title: Assistant Environmental Services Director, Solid Waste Services ATTEST: By: Name: Jannette Goodall Title: City Secretary Contract Compliance Manager: By signing I aclmowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Christia11 ffarJJer By: Christian Harper (Oct 10, 2025 16:113:08 CDT) Name: Christian Harper Title: Environmental Contract Services Administrator APPROVED AS TO FORM AND LEGALITY: M.Kevin Anders > II By: M. Kevin Anders, II (Oct 22, 2025 21:43:52 CDT) Name: Kevin Anders Title: Assistant Ci ty Attorney CONTRACT AUTHORIZATION: M&C: 25-0981 Date Approved: 10;21;202s Form 1295 Certification No.: 2025-1352671 GRANTEE: Sundance Disposal Solutions, LLC dba Sundance Disposal By: Andrew Clegg (Oct 10, 202516: Name: Andrew Clagg Title: Owner/CEO 10/10/2025 Date: __________ _ NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 8 of9 oRriShxri . EXHIBIT A Clly of Fort Worlh Environmental Services Deparlmenl GRANT OF PRIVILEGE HAULER QUARTERLY FINANCIAL ACCOUNTING REPORT REPORTING PEPoOD Begnning Data: EnOng Data'. Grantee Comparry Name: PAvllepe qpraement t�mber. (Name es i[ eppaars on Aweoment) (CiN Secrelary Conlrect Number F�cam0le CSCXX%� Taxpayer ldentlficatlon Number (TIM� Primary Conhct Name: Talephane tJumber. Phys ce rese: e I ng ress: I Gross Ravenue Genereted Wtthin Corporete Llmits of tha City of FoA Warth �s Neulfnp Revenua Ravenuo Owt Is IxNslve o/ tl(rec( hoNfrp rovonua and iMfrxt ravonuo as delimxl balav In tlw ep�cemenc 7hls rovonua shnll bo detemifned fn ecco�denco wlfh B�aeity eccepted occounflrp prfncfpbs IAP') pmmulgeled byfha Flnenclel AccounGrg SierMerdr BoerdJ pract Heulbg Revenue: Revenua darlved s i commcrtlal accouM aM fempo�arybfn seMco (e.D. rof4of/ box, ba� hauling, aM box drop�ol//. Indfmct 3nua Fevenuo Be�rated Imm hres antl surcharyes charyM to tho msroma� lor 1ho admMfsvathn, colfxfton, dfsposeUprocasalny o/ recyclnblos, o/penlcs, aM munk/psl solld �vasto. Totel Number ofAccounls Servlcetl Wllhin Corporete Limih of the CIN of Fort Worlh ���W�� _ (A5 of Ihe Lest De/ of Reporl�g Penod) Tohi 7ons Of Metarlel Calteckd Wllhin Corpornte Llmlls of Iha CRy of Fort Warth Ta i (As oi ihe Lost Da/ W Repohhg Pariod) MUNCIPAL SOLID WA57E (MSW) (Solld weste rcsultin0 from or Incidenlal to municlpel, communlly, commerclal, Inslttutlonal or recreatlonal ecHvltles, and Includes narbaAe. rubblsh, eshes, street cleanings, tleed animels, end other solld waste other lhan IntlusUlal wasle.) RECYCLABLE OR RECYCLA6LE MAtEPoALS (Slrglastream aM sourco-scparofed resldenNal or commo�cfal by-produc(s wflhpofentlal ecommk velve that am sot aslde, handfod, peckaped, or ollered lor callacfbnln a manrw� d!r(fncl liom rogufer munlcfpal sol/d wesfa end ero subJttt to seperata coflectlon mafhods fo leUlkefa thatr reuso or reprocassl,g J Approxi�nateU Tons d RecycingCdlected han MUItl�FaNy Unts Wlhin Corporote Limits of Ne Crty d Fort Worih iom ApDrowinatetl Tons oF Retycing Cdlecte0 hom Commerclal Accounts Witl�ln Coryorele L'mrts W the Cty of FM Walh iom Num�er d Recytfng Accanis ServiceE Wn�� Corpore�eLtmts of Ne Ciry o� FM Wort� nccoun�s ORGANICS (Blodegratlablo waste comprlsed olran�ecycleDfe lootl w�sfes, fish, planl me�eAels, eM peper fhet Is collecred seperetetylrom other munlclpal solld wesfes end seperefed et 7he source Irom othe� munklpel solld wes(as 6y munfcfpal solkl wasre generefors forWe purpose olpreparlrg It for use es Composf, antl !s dellvered to e compost /eclfiry.) Approzinatetl Tons d Or9an'rs Cotected from MuliFanil� Units Wilh�in Co�porzle Limis d the Gty d FUM1 Wulh Taris Oproirznate0 ons rganks ecta �o+n ommera Accounls C m rporale imts t e No qt ort� ian Number d Or ics Accounts SenKetl n FM Wort� Within Cor aete Lmns of Ihe C W Fort WOM �ecewn 70TAL AMOUM OLE CfTY FOR THS REPOFi�ING PEPoOD = , (10% W Gmss Revcnues Automeuco,y Ca'culates From Inpul Above) I ceKiry lhat lhe �eported InPormaUon Is cartect to the best of my knowletlge Form Fdetl Out By Date Signdure Crty ot FOM1 Worth Env�ronmentzl Services- SoLd Waste Pvisnn 4100 CoUm W s Tra I Fort WorN. Taxes 76133 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; NN 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 Agreement") 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 • NN 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 Originatin4 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) Sundance Disposal Solutions, LLC dba Sundance Disposal 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