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An ordinance approving an agreement between ATS Operating, LLC ("ATS") and the Metropolitan Government of Nashville and Davidson County, by and through the Office of Family Safety (“OFS”), to collect clothing and/or other household item donations on a regular basis from OFS on behalf of one or more charitable organizations.
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WHEREAS, there is a revocable collections agreement between ATS Operating, LLC and the Office of Family Safety wherein ATS is granted non-exclusive rights of ingress and egress for purposes of donation collections; and,
WHEREAS, ATS agrees to collect the donations from the collections point on a regular basis, but no less than once per month, and to keep any collection receptacle in a reasonably clean condition; and,
WHEREAS, OFS agrees to adhere to certain donations standards and expectations and permit access to portions of the property for the collections; and,
WHEREAS, it is to the benefit of the citizens of the Metropolitan Government of Nashville and Davidson County that this agreement be approved.
NOW, THEREFORE BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the agreement between ATS Operating, LLC and the Metropolitan Government of Nashville and Davidson County, by and through the Office of Family Safety, to collect clothing and/or other household item donations, a copy of which is attached hereto and incorporated herein, is hereby approved.
Section 2. That this ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance approves a revocable collections agreement between ATS Operating, LLC (“ATS”) and the Office of Family Safety to collect donations of clothing and/or other household items on a regular basis from OFS on behalf of one or more charitable organizations.
The agreement provides that ATS would receive non-exclusive rights of ingress and egress to collect donations at the Family Safety Center at 610 Murfreesboro Pike. ATS would collect donations from a collection point at least on a monthly basis. Any collection receptable would be kept in a reasonably clean condition.
The Office of Family Safety would adhere to certain donation standards, including ensuring that all items must be boxed or bagged, meet general product standards, and not contain tags, mold, mildew, or any other contaminants.
The contract term shall begin on the date it is filed with the Metropolitan Clerk. The initial contract term is for a trial period of three months, during which ATS shall pay the Office of Family Safety $150 per month. ATS has the right to audit donations and renegotiate this agreement at the end of the trial period if the percentage of donated store-quality product is considered too low.
The contract may be extended for two 12-month periods upon the agreement of all parties, though termination may occur before the first extension with 10 days’ written notice. ATS shall then pay $0.80 per pound collected to the Office of Family Safety. The agreement may be terminated with 30 days’ notice.
DeAngelis must maintain commercial general liability insurance with a combined single limit of liability of at least $1,000,000 for bodily injury, personal injury, and property damage. ATS shall indemnify and hold harmless the Metropolitan Government for negligent or intentional acts or omissions or any failure to observe applicable laws by ATS.
Fiscal Note: ATS Operating, LLC (“ATS”) will pay Metro $150 per month during the three months trial period for collection of donated clothing and/or other household items. After the trial period, ATS will pay Metro $0.08 per pound for the collection of the donated items.