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HomeMy WebLinkAboutContract 64182CSC No. 64182 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 Cleburne Metal Works LLC/DBA Trash Daddy ("Grantee"), acting through Fred Couch, 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 transporting 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 of ten percent(] 0%) 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 Wmth City Limits. NOW THEREFORE, for and in consideration of the mutual promises and agreements herein set fmth, 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 ofFmt Wmth. 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 I of9 D. Gross Hauling Revenue: Revenue that is inclusive of Direct Hauling Revenue and Indir�ect Revenue as defined hecein. This revenue shall be deteimined in accocdance with generally accepted accounting pi•inciples ("GAAP") promulgated by the Financial Accounting Standards Boacd. E. Indirect Revenue: Revenue genecated from fees and surcharges charged to the customer for the administration, collection, and disposal/processing of recyclables, organics, and municipal solid waste. F. Municipal Solid Waste: Solid waste resulting fi•om or incidental to municipal, community, commercial, institutional ot• recreational activities, and includes gacbage, 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 from other municipal solid wastes by municipal solid waste generators for the purpose of preparing it for use as Compost, and is delivered to a compost facility. H. Recyclable or Recyclable Materials: Single-stceam and source-separated residential or commercial by-products with potential economic value that are set aside, handled, packaged, or offered for collection in a manner distinct fi•om regular municipal solid waste and ace subject to separate collection methods to facilitate their reuse oc reprocessing. Temporary Bin Service: Project-based bin or roll-off secvice for residential oi• commercial purposes. II. 1. Privilege, A non-exclusive privilege is hereby granted to use the public streets, alleys and thoroughfar•es within City Limits foc the puipose of engaging in the business of collection of Recyclables, Organics, and Municipal Solid Waste. 2. Term. The term of this Agreement shall be foc a period of five (5) years, effective on the date signed by the Assistant City Manager. This Agreement shall be renewed upon mutual written agceement of the pai�ties at the end of evecy five (5) year tecm of the Agi•eement unless notice of termination is provided by one party to the other at least thii-ty (30) days pcioc to the date of cenewal or the terms of the Agreement are violated by the Grantee. 3. Scope and Nature of Operation. It is expressly understood and agreed that the Gcantee may collect and deliver for disposal all Municipal Solid Waste, for processing Organic Materials and for pcocessing all Recyclable Materials, accumulated on premises within City Limits, where the individuals or companies contract with the Grantee for those sei•vices�xcluding i•esidential secvice other than apartment complexes and motels. Grantee, at its own expense, shall furnish peisonnel 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 businesslike manner. Grantee shall furthecmoi•e comply with all pertinent i•ules, cegulations, laws, and ocdinances as directed by the City and all other governmental entities having jurisdiction thereupon. 4. Regulation of Veliicles. All vehicles used by the Gcantee for the collection and transportation of Recyclables, Organics, and Municipal Solid Waste shall be cegisteced with the City in accordance with Section 12.5-857 of the City Code, shall have registcation attached thereto, 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 Gcantee shall be clearly marked with the Gcantee's name in letters not less than fouc (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 vectocs. 5. Regulation of Leased Containers. It is specifically understood and agreed that the City shall pet�mit the Grantee to rent ot• lease containers fot� collection purposes to the owner or occupant of any premises within City Limits for collection puiposes subject to the following requirements: a. ALL containei•s shall be constructed according to good industiy pi•actice in the tcade; b. ALL containers shall be equipped with suitable coveis to pcevent blowing or scattering of Recyclables, Organics, and Municipal Solid Waste while being transported foc disposal of theic contents; c. ALL containecs shall be cleaned and maintained by Grantee so as to be in good repaic, 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 for vectors; d. ALL containers used foc the disposal of food waste or othec putrescible material shall be serviced no less than two (2) times per week; and ALL containeis shall be clearly macked with the grantee's name and telephone number in lettecs not less than fouc (4) inches in height. The City and the Grantee expressly agree that regacdless of any responsibility which may be placed on Fort Worth i•esidents oi• othei• thii•d parties for the above five requii•ements, the Gi•antee under this agceement agcees to be cesponsible foc each of the five cequicements and to fulfill each of them without assei�ting they ace the responsibility of some third party. 6. Damage to Public Propert�. Gcantee expressly agrees to assume liability for all costs of repair of public streets, bridges, rights-of-way, and othec facilities that are damaged as a result of negligence by Gcantee, its officers, agents, or its employees during its opecations pursuant to this agreement. 7. Disposal of Municipal Solid Waste. It is specifically undecstood and agreed that Grantee shall comply with all rules, cegulations, laws, and ocdinances pertaining to the disposal of Municipal Solid Waste as directed by cesponsible govecnmental agencies having jurisdiction thereupon. Disposal of all Municipal Solid Waste collected by the Grantee fi•om premises within City Limits must be made at a sanitary landfill oc tcansfer 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 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 govecnmental agencies having jurisdiction theceupon. The processing of all Recyclable Matecials collected by the Grantee from premises within City Limits must be made at a Recyclable Matecials recovecy center that is in compliance with applicable law. Grantee's violation of this provision shall be cause for revocation of this Agreement. 9. Organic 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 from premises within City Limits must be 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 Oiganics collected by the Grantee fi-om pcemises within City Limits that cannot be processed must be made at a sanitary landfill or transfer station that is in compliance with applicable law. Grantee's violation of this pt�ovision 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. l l. Reguestin� Permission for Collection Durin� Prohibited Hours. Grantee may seelc permission to perform contracted services from 11:00 p.m. to 6:00 a.m. from the Assistant Director - Solid Waste Services/Environmental Secvices Department ("Director") in wciting by email or US Postal Service mail, return receipt requested, by stating the particular houis Grantee wishes to collect Recyclables, Organics and Municipal Solid Waste and the reasons necessa�y 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 resecves the right to review that decision if a complaint is received. The Director shall notify the Gcantee, and the Grantee may present evidence to the Director or designated representative regarding such complaint. 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, occuc 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. 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•om Grantee's operations within City Limits. City reserves the right to modify this fee. 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 made to the City NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 4 of 9 of Foi•t Worth, Environmental Services Depactment, Solid Waste Services Division, 4100 Columbus Trail, Fort Worth, TX 76133. b. 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� Books and Records. The City shall have the authority to arrange for and conduct, at the City's expense, an audit of the Grantee's books and cecot•ds. Grantee shall maintain its books and recocds in accocdance with the City Code. The cecords kept on site by Gcantee shall include, but are not limited to: • an inventocy of all vehicles • a complete listing of all customers within the city including name, addcess and telephone numbecs • 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 descciption of and the pucpose for the audit, and a description, to the best of the City's ability, of the books, records, and documents the City wishes to ceview. At the City's discretion, Grantee shall pay the costs of audit if the results of the audit establish that Gcantee has underpaid the fees required hereunder in any given yeac by five percent or more. 15. Revocation of Privilege. The failure oi• 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 bceach of this Agreement. The Director shall notify the Gcantee 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 agceement. Upon City Council authorization to revoke this Agreement, the Grantee shall thereupon immediately surrender all rights in and under the privilege, and the privilege shall be null and void. 16. Indemnity Insurance. Grantee assumes all cisk of loss ot• 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 fi•om all claims, demands, suits, judgments, costs or expenses, including attorney's fees, arising fi•om any such loss or injuiy. It is expressly undeistood that the provisions contained herein shall not in any way limit the liability of the Grantee. Grantee agrees to maintain insurance as follows: NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 5 of 9 A. Minimum Limits: 1. Commeccial General Liability: $500,000.00 pec occurrence $2,000,000.00 aggcegate 2. Automobile Liability Insurance: $1,000,000.00 each accident. Covecage is to include "any auto" used by Grantee. Coverage shall include loading and unloading. B. Othec Insurance Terms: 1. The City of Foct Wocth shall be endorsed as an additional insured on each of Grantee's insurance policies. 2. Gcantee's insurance shall be endorsed with a waiver of subrogation in favor of the City. 3. Gcantee's insurance policies shall be endorsed to provide a minimum 30 days-notice of cancellation, non-renewal, or matecial change in coverage, such notice to be sent to the City at the address set forth below. 4. City of Fort Woi�th shall receive Cectificates of Liability Insucance prioc to Grantee beginning worlc. 5. Insurers shall be acceptable to the City of Foi�t Woi-th and Insurecs shall be duly authorized by the Texas Department of Insurance. 6. Grantee's insui•ance policies shall not have a greatei• than $50,000.00 deductible per occurrence unless otherwise approved by City. 7. Insui•ance agencies used by Gi•antee shall be duly licensed in the State of Texas. 17. Retention of Rights by Cit�. The City, in gcanting this pcivilege, fully retains and ceserves all the rights, privileges, and immunities that it now has under the law to fully patrol and police the stceets, 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 subseivient to the right of the govei•ning body of the City of Fort Worth to fully exercise its i•ights of control over sti•eets, alleys, and public ways. 18. Amendments. The City expressly reserves the cight, after due notice to Grantee, to modify, amend, altet•, change, oc eliminate any of the provisions of this pcivilege 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 necessacy foc the purpose of insuring adeyuate service to the public. NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 6 of 9 19. Assi�nment of A�reement. 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. 20. Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Agreement is, for any reason, declared invalid, in whole or in pai�t, by any cou��t, agency, commission, legislative body, or other authority of competent jucisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the retnaining portions herein, which othei• poi-tions shall continue in full focce and effect. 21. Mailin� of Notices. Eveiy notice to be served upon the City or the Gi•antee shall be hand delivered or sent by certified mail, return receipt requested. Eveiy such communication to the City shall be delivered or sent to the Assistant Environmental Services Director, Solid Waste Services at the following address: 4100 Columbus Trail, Foct Worth, Texas 76133. Every such notice to the Grantee shall be delivered or sent to 6432 Nine Mile Bridge Rd, Foi�t Worth, Texas 76135. The mailing of such notice shall be eguivalent to direct personal notice and shall be deemed to have been given when received. Eithei• party may, upon written notice to the other pai�ty, change the address specified in this section. 22. Applicable Law and Venue. This Agceement shall be deemed to be executed in the City of Fort Worth, Texas, regacdless of the domicile of the Company, and shall be govecned by and construed in accor�dance with the laws of the State of Texas. Venue for any legal action or proceeding arising under or relating to this Agceement shall be in Tarrant County, Texas. �Slgl?Qf2lYe page follo���s) (remai��dei• of�age infei�tio»ally left bla»k) NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 7 of 9 IN WITNESS WHEREOF, the City and Grantee have executed this agreement by theirauthorized representatives. CITY OF FORT WORTH: Contract Compliance Manager: , J,.11 {,Jt:;_•! -,.IL By signing I acknowledge that I am the person __ _._V..:..:lW':i..E:.>""-"-'--'--�----------1 responsible for the monitoring and By: Va,lerie Washington {Oct 23, 2025 os:42:1o CDT) administration of this contract, includingName: Valerie Washington ensuring all performance and reporting Title: Assistant City Manager requirements. Date: 10/23/2025 RECOMMENDED BY: � /;ru3� By: _(! _____ CJ _______ _Name: Jim Keezell Title: Assistant Environmental ServicesDirector, Solid Waste Services ATTEST: By: � A �Name: Jannette GoodallTitle: City Secretary Christia11 HartJer By: Christian Harper (Oct 10, 202510�4:31 CDT) Name: Christian Harper Title: Environmental Contract ServicesAdministrator APPROVED AS TO FORM AND LEGALITY: M.Kevlrt Artders, I I By: M. Kevin Anders, II (Oct 22, 2025 21:44:41 CDT)Name: Kevin Anders Title: Assistant City Attorney CONTRACT AUTHORIZATION:M&C: 25-0981 Date Approved: 10/21/2025 Form 1295 Ce1tification No.: 2025-1353586 GRANTEE: Cleburne Metal Works LLCffiBA Trash Daddy By: Fre�hc;;.A,202509:17:29CDT) Name: Fred CouchTitle: Owner Date: 10/10/2025NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 8 of9 ❑ �11Uwi. EXHIBITA qty of Fort WoAh Envlronmental SeMces Departmenl GRANT OF PRIVILEGE MAl1LER QUAR7ERLY FINANCIAL ACCOUNTING REPORT REPORTNG PEPoOD Be -nnn Dale EnOng Da�e Grantee Company Name: PrivlleBe AOreemenl Mimber. (Nama es It eppears on AgrzEment� (ory Secrelary Comrect NumOer Esempie CSC)oUck) Tupqer ldentlfi catlan Numher (TI�: Prlmary Contact Name: Telephone Number: P ys c resc: jF{ I� ress: l ,I Groea Rerenue Genereted Wlllin Corporab Limtte olthe Clry of Fart Warth rs Haullrp RavenUe: Rovenuo thatls Incluslve o/ d6oct haWing r¢venu¢ end IMlrect ravenuo az definM Delqv !n tha ayreamonL Thfs iavenua shall ba defwmined in accordenco wlfh De��e�ty eccepfed oceounllrg prinetplas 7AP'J promulyetod by lho Flnelxla! Accountlrp SlerMerCs Boerd ) prat HeWbp Rovarw4 Rovonua dertvad i commBRlal occounf aM tBmAOlary bin sorvl[o (o.p. rolFollboX. box haullnp, eM Dox tlrop-ofQ. lMllect onuo: Revenuoyanarafed hom I�cas eM surthaigos chorpod ro the cusfomor lor �ha edmin(shaebn, eolfec�on, tllsAosaYprucesslrg ol recycleblas, alpanlcz, aM munklpa! solltl Waste. Total Number of Attounls Servked Wllhln Corporele Llmite of Ihe pty of Forl WoM1h �eeann �A s d the Last Dar W ReporUn g Perrod7 Total Tons 0/ AtaUrlal Coll«ted Wllhln Corparale Llmits a! Ihe Clty af Fort Worth Aso1l�eLes[DeiWRe nn Perad ���s M1Il1NLIPAL SOLI� WASTE (IASW) (Solld wasts resulting from ar Incldenlal ta munlclpal, eommunlly, commerclal, Instttutlonal orrecreatlonal acUvitlez, and Includes Aarbape, rub6ish. ashes, street cleaninps, deatl anlmel�. antl alh<r solltl waste other than Intluslrlal wasle.) RECYQABLE OR RECVCLABLE IAATEPoALS (Slrglasfroom ond souice-saparefed rosldantlel orcommelclal by-products withAofenflal ecorromk valuo fhef ere set esfde, heMled, pxkeped, or oNered /or colbclbn !n a mennor tlisflnet !mm iepular munlclpel solftl wesro eM ero suDJecf (a seperefa collectlon malhods fo /ecllf(ero thalr reusa aIleplocasslnyJ ApproatrnHe4TonsolRac/cingCdlectetllromA'.uln�Femil�UntsWdhnCoiporeleLmisdtlieCMofFortWOM rone A wimaledTonsoFR cin CdlectedlranCanmercialAccantsW�IhlnCo�paaleLmisolNe � ofFonWOM1h rain Nurroer ol Recycfng Accwnls Seniced Wlhin Cerporala �m[s of lhe Oy ol Fort Wonh qccann ORGANICS (HlotlegredeE/o Haste comprlsetl ol nonrecycloblo Iood wastes, flsh, p/ent maforlals, and paper fhat !s collttfeE seyeratelyl om other munlelpal solfd wostes antl saparatM at elre source I�om afhcr munklpal solltl wastas by munlclpal solld wast¢Oe�rafors larlha purposo ol pieperiig It lor usa as Composf, aM Is tlalivcretl fo ompost Iacillry.) AC O�pmdledTons:✓L��}Y��[tir:�lcOfrrm!.1.i��i-n+:��i.ni!•:{�x�I1���COrp[F:il•�LR.nSU:n-��,rtyc'h�[YYc:ln 7oro ^7P�onmaeo ons i.y .zs �o-er�rn ran .u�.a:.r: �s: n�•pwni; wR c�•rgn���� i��i;; a[�.� 4��4 4�i re�, ' Number of Oraanics Accwnis Senked n FoM1 Wort� WiUin C raca �mns a me c M FM WaN n«�� TOTAL AMOUM OI.E CITY FOR THS REPORfING PEPoOD : _ (1GS6 of Gmss Revenues AutometiceSy Cekulates From Input AAove) I certlfy lhal the rep orted Informallon Is correct to the Eest of my knowledge Form Fi7ed Out By Date Sign3uie Crty ol Fon Worfh Envrunmentat Services - SoLd Wasle Pvisian 410000WmWs Tral FM WaN. Te�as 7fit33 IITFRS.I 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 HAULERAGREEMENTS - 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 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 I 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 bk 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) Cleburne Metal Works LLC/DBA Trash Daddy 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