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HomeMy WebLinkAboutContract 64183CSC No. 64183 NON-EXCLUSIVE PRIVILEGE AGREEMENT This Non-Exclusive Privilege Agreement (hereinafter refened 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 Independent Waste, LLC ("Grantee"), acting through Kayle Nonis, its duly authorized representative. WHEREAS, the Fort Worth City Council ("City Council") has enacted regulations affecting the business of collecting and transpmting 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 Fmt 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 ( 10%) of Grantee's total Gross Hauling Revenue, including Indirect Revenue, from the collection and transpo1ting of Recyclables, Organics, and Municipal Solid Waste produced within Fmt Worth City Limits; and WHEREAS, Grantee has submitted an application to engage in the business of collecting and transpo1ting 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 fo1th, and other good and valuable consideration, the receipt and sufficiency of which is hereby confessed and aclmowledged, the City and Grantee agree as follows: I. DEFINITIONS The te1ms listed below shall have the following meanings. The definitions in this Agreement shall control over the definitions located in the City Code. Any other te1m 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 ofF01t 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 tempora1y 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 deiined herein. This revenue shall be determined in accordance with generally 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 municipal solid waste. F. Municipal Solid Waste: Solid waste resulting fi•om or incidental to municipal, community, commercial, institutional or recreational activities, and includes 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, iish, plant materials, and paper that is collected separately fi•om other municipal solid wastes and separated at the source fi�om 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 oi• Recyclable Materials: Single-stream and source-separated residential or commercial 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 are subject to separate collection methods to facilitate their reuse or reprocessing. Temporaiy Bin Service: Project-based bin or roll-off service 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 Agreement 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 five (5) year term of the Agreement unless notice of tennination is provided by one pai-ty to the other at least thii�ty (30) days prior to the date of renewal 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 Grantee may collect and deliver for 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 services—excluding residential seivice 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 PRIVILEGE AGREEMENT Page 2 of 9 establish and perform the contracted services in an efficient and businesslilce manner. Grantee shall furthermore comply with all pertinent rules, regulations, laws, and ordinances as directed by the City and all other 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 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 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 Gi•antee so as to be in good i•epair and of good appeai•ance 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 puiposes to the owner or occupant of any premises within City Limits for collection purposes subject to the following requirements: a. ALL containers shall be conshucted according to good industry 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 for vectors; d. ALL containers used for the disposal of food waste or other putrescible material shall be sei•viced no less than two (2) times per week; and e. ALL containers shall be clearly marlced with the grantee's name and telephone numbei• 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 iive 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 ofiicers, agents, or its employees during its operations put•suant to this agreement. 7. Disposal of Municipal Solid Waste. It is specifically understood and agreed that Grantee shall comply with all zules, regulations, laws, and ordinances pertaining to the disposal of Municipal Solid Waste as directed by responsible governmental agencies having jurisdiction thei•eupon. Disposal of all Municipal Solid Waste collected by the Gi•antee fi•om pi•emises within City Limits must be made at a sanita�y 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 Mate►•ials. It is specifically understood and agreed that the Grantee shall comply with all iules, regulations, laws and ordinances pei•taining to the collection, tcansportation and processing of Recyclable Materials as directed by responsible governmental agencies having jurisdiction thereupon. The processing of all Recyclable Matei�ials collected by the Grantee from premises within City Limits must be made at a Recyclable Materials recoveiy center that is in compliance with applicable law. Grantee's violation of this provision shall be cause for revocation of this Agreement. 9. Oi•�anic Matei•ials. It is specifically understood and agreed that the Grantee shall comply with all iules, regulations, laws and oi•dinances pei•taining to the collection, transpoi•tation 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 fi•om 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 Organics collected by the Grantee from premises within City Limits that cannot be processed must be made at a sanitaiy 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. Pi•ohibited 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 Hours. Grantee may seelc permission to perform contracted seivices from 11:00 p.m. to 6:00 a.m. fi•om the Assistant Director - Solid Waste Services/Environmental Seivices Depai-tment ("Director") in writing by email or US Postal Seivice mail, return receipt requested, by stating the particular hours Grantee wishes to collect Recyclables, Organics and Municipal Solid Waste and the reasons necessary for this exception. Upon receipt of a written request, the Director shall have ten (10) days to malce a determination and shall notify the Gi�antee 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 detennine (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 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�om Grantee's operations within City Limits. City resei�ves 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 of Fort Woith, Environmental Sei-vices Department, Solid Waste Seivices 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. Repo►'ts. Each quarterly payinent shall be accompanied by a financial accounting report using the form which is attached as Exhibit A. 14. Auditin� Boolcs and Recoi�ds. The City shall have the authority to arrange for and conduct, at the City's expense, an audit of the Grantee's bool<s 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 customers within the city including name, 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 iive (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 hereundei• in any given year by iive percent or more. 15. Revocation of Privilege, 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 Dii•ector may recoimnend that the City Council suspend for up to six months oi• revolce a privilege agreement. Upon City Council authorization to i•evolce 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 rislc of loss or injury to property or persons arising fi-om 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 oi• expenses, including attoiney's fees, arising fi•om 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 Grantee. Grantee agrees to maintain insurance as follows: NON-�XCLUSIV� PRNILEGE AGRE�MENT Page 5 of 9 A. Minimum 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 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-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 Certiiicates of Liability Insurance prior to Grantee beginning worlc. 5. Insuc•ers 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. 17. Retention of Rights b_y City. The City, in granting this privilege, fully retains and resetves 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 subseivient 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. 18. Amendments. The City expressly reseives 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. NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 6 of 9 19. 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 pi•ovisions of this Agreement shall apply to the Grantee, its successors or assigns. 20. Sevei�ability. 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 coinpetent 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. 2L Mailin� 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 Services 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 711 Broadway St, Suite 360, San Antonio, Texas 78215. 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. 22. 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 Agreeinent shall be in Tat7�ant County, Texas. (signaticr�e page follotivs) (remai��de�• of page intentionally left bla�lk) NON-�XCLUSIV� PRIVIL�G� AGRE�M�NT Page 7 of 9 IN WITNESS WHEREOF, the City and Grantee have executed this agreement by their authorized representatives. CITY OF FORT WORTH: V�� ��� By: Valerie Washington (Oct 23, 2025 08:41:45 CDT) Name: Valerie Washington Title: Assistant City Managei• Date: 10/23/2025 RECOMMENDED BY: �� ���� By' --- Name: Jim Keezell Title: Assistant Environmental Seivices Director, Solid Waste Seivices ATTEST: p�FORT �o �',00 �Y� <�o� °�°a �= o q .��� �Poo� �: ° ��_�i, ° �J p� n� opo oqo By: Naine: Jannette Goodall Title: City Secretary GRANTEE: Independent Waste, LLC $y; Kayl r ct 1, 2025 08:22:53 CDT) Name: Kayle Norris Title: Office Manager Date: 10/10/2025 Conh�act Compliance Managei•: By signing I acicnowledge that I am the pei•son responsible for the monitoring and administration of this contract, including ensuring all performance and reporting reqttirements. CG��fftlan h�a�,��� $y; Christian Harper (Oct 10, 2025 10:�520 CDT) Name: Christian Harper Title: Environmental Contract Seivices Administrator APPROVED AS TO FORM AND LEGALITY: i�% fC�VI� �n�I�YJ, /l $y; M. Kevin Anders, II (Oct 22, 2025 21:45:30 CDT) Name: Kevin Anders Title: Assistant City Attoiney CONTRACT AUTHORIZATION: M&C: 25-0981 Date Approved� 1 �/21 /2�25 Form 1295 Certification No.: 2025-1358195 NON-�XCLUSIVG PRNIL�G� AGR��M�NT Page 8 of 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX �A•�w�, . exHisir n Clty of Forf Worth Envlronmental Servlces �epartment GRANT OF PRIVILEGE HAULER QUARTERLY FINANCIAL ACCOUNTING REPORT REPORTNG PEPoOD Begnning Date�. Endng Date� cranta e company Nama: Privllepe Apreement Number: ��Iame Bs il BpPears on Agreement) (Gry Sacrelary ConVect Number Fiample CSC%%X%) TexpayerldentlRcatlon Number(TIN): Prlmary Canlatt Nama: Telephona t�Lmber; Phys ce rass: �7Rnp'A ress: d Grasa Revanua Ganentad Wlthin Corporate Llmita ofthe City ofFoA WoAh ss Neullrg Ravenua' Revelxta Nat /s Ixluslva oIClioct haullnp ravenua eM InClrect iovonuo os dellnod bWo4v fn tho eproomanf. Thls ravonua sholl 6a E¢terminatl !n accortlanco wlfh panorally accepfed accounling princlples UP'J pNmulgafetl6y fha Flnaxlal AccounOng SfeMaAs BoardJ IXrect HaWflg Ravanu4� Revorwo derived = ommerclel xcounf aM tomporarybin servlce(e.p. �014o1lbox, bax haulinp, ard box drop-olQ• Indllect etM�s' Ravenuo palRretee hom fves end surchalpas charpcd to Uw cusromerlor fha edmfnlsbatfon, coRettlon. Clsposellprocasslnp ol recyclablos. orpenks. eM munklpel solfd weste. Total Number ofAccounts Servlced Wlthln Corporate Llmits o/the GN o�FoA Worth �«�� (As d ihe Lesl Da/ of Raporti�g PerIo07 Tatel Tona Of Malarlal Callaclad Wllhin Carparete Limlla af 1ha CHy af Forl Warth 7an (As o/ t�e Lost �ai ol Reporing Periotl� MUNCIPAL SOLIO WA57E (MSW) (Solid waste resulting fram or In<Identalta municlpal, communily, commerclal, Instltutlonal or recreatlonal acllvllles, and Includez 9arbepe, ruEblsh, ashes, s4eet cleanlnps, dead enlmels, enE ather salltl wasle olher than Induslrlel wasle.) RECYCLABLE OR RECYCLABLE MATEPoALS (Sliglo�slream aM source�svpareeed resltlonUaf or eommarclal by�pioducls wlfhpo�antlal aconomk valua that em sef asltle, heMlad, pecNeyaN. or ollered /or colfecfbn In a manner dls�lnct Irom �ayuler munlclpal solld wesfe end a�o subJact ro sopara�a collectlon mofAods ro IecllHero fhelr+euse or repracossing ) ADD�ovimatea7onsNRecycingCdleaetlhomMule-FertYyUwsW�hincoryttateLuni�sdmeCMoIFqIWoM rons AODro» ateCTonsotRecycingCdle<le4homCanmxrc4Y.Accoun[sWi�hlnCorporeleLmnsofl�eCeyo(fortWat� ton. NumUer W Rec}[Ing Accaunis ServiceG Wrt�n Corporare Limis U Uia Ciy at Fqt Wort� Accamn ORGANICS (elod¢0/eda6le waste camprfzed o( narvrecyc/sA/e lood wastes, fish, plant mate�lals, eM paper fhat Ir collecfed seperefely / om aNer munlclpal solld wast¢s antl separetetl at ehe sourca /rom oeher munlclpel solltl was�es hy munlclpel solkl was�o generotors Por �he purposo olprepering It Io� use es Compost, antl Is dellveretl ro ompoaf /sclfi y.f Approzinated Tons d Oiganks CMecled from MutFFemil� �1nrts Wilhin Corparale Limts ot lhe Cny d Furt WMh Tam pproamale on5 o rganKs ect rom omnerc ttounls 4 m rpurele �mis 1 B ry o ort pt� Tens Number of Or ics Accounis Smkatl n FM Wonn Within Cor uste Lmns olthef U FM Wurth accouna TOTAL AMOUNf OLE CfTY FOR THS REPOHTING PEPoOO � _ (10% of Gross Revenues AWomaucoy Co'cul�ces From Im�� Abwe) I certity Ihat lhe reported Informallon Is cortect lo lhe ben of rtyknowleAge Form FCe00ut By Date SlgniNfB CAy of Foh WOM Em•onmental Samces- SolO Wa:te Clvision 4100 COUmAus 7ra1 Fort WorN, Texos 76133 NON-EXCLUSIVE PRIVILEGE AGREEMENT Page 9 of 9 City of Fort Worth, Mayor and Texas 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; 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, A�ticle VIII "Solid Waste and Recycling," Division 5"Private Collectors" of the Ciry 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 iwo- 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) Independent Waste, LLC 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