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Ordinance 1995-24 ORDINANCE NO. q s-dl AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, GRANTING A FRANCHISE FOR REFUSE COLLECTION, REMOVAL AND DISPOSAL WITHIN THE CITY OF WYLIE TO BROWNING-FERRIS INDUSTRIES; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has recently negotiated a contract (Agreement) with Browning-Ferris Industries (BFI) for refuse collection within the City on terms and conditions deemed to be favorable to, and in the best interest of, the City; and, WHEREAS, the City Council desires to implement and give effect to the Agreement by providing for the execution and adoption thereof in the form of an ordinance granting such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The City of Wylie hereby grants a franchise for refuse collection, removal and disposal within the City to Browning-Ferris Industries, on the terms and conditions of the Contract attached hereto as "Exhibit A" and fully incorporated herein and made a part hereof by reference. SECTION II The Mayor, the City Manager, and the City Secretary are hereby authorized and directed to properly execute the original(s) of such agreement as the act and deed of the City. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. � . k SECTION iV This ardinance shall be in full fc�rce and effect from and after its adoption by the City Ccxmcil sud �lica�ion af iLs t�tion as tl�e law a�i the City Charb�r provide ia such �ases. SECTION V That a�i � ordinances and co+�e pr�visions in conflid herewith ar�e hereby repeal�d to the exte.�t of any sueh conftict or incc�sis�ncy and all other provisians of the Wylie City C�ocie not in c+�tflict he�,wvith s� res�ain in full fo�ce � effect. SECTION VI The repe�l of mty andinaBce, ar part� tt�eof, by the �t of this Ordinasce, shall nc� be c�ed as abandaning �y a+ction now pending under or by virtue of such ordinaace; nor � s�11 it h�tve tire effe�d of c�cc�iinu�ng� ab�n�� m�ifY�B'�' �� �Y P� ��g �' i tv accnue, acn as effecting �y right� of the muni�ip�ity under any section or provisions of any ' ac� a� �e ti�e �f pa�ge t�f #�is . i DULY PASSED AND APPROVED by the City Cauncil af the City of Wylie, Te�caas, this 2Gtfi day of Se�emberr, 1995. ; , �' ; ' BY , J D. Swartz � 1 M�yc�' � � # { ' ATTFST: S�n Sl�er City Secretary ::; i .4 CONTRACT ," THIS CONTRACT, made and entered into this 1 ~; ~~?1"E.!(\.~t.(( 1995, by and between the City Municipal Corporation of Collin County, Texas, Browning-Ferris, Inc., ("Contractor"). day of of Wylie, Texas, a ("city") and WIT N E SSE T H: WHEREAS, the parties hereto desire for Contractor to provide Solid Waste and Recyclable Materials Collection within City and to perform such work as may be incidental thereto in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1. 00 GRANT ". Contractor shall be granted the right in contracts with city to provide refuse collection. Further, Contractor is hereby granted a ninety-five percent (95%) franchise, license and privilege within the territorial jurisdiction of City and shall furnish all personnel, labor, equipment, trucks and all other items necessary to provide refuse collection, removal and disposal services, and recycling collection as specified, and to perform all of the work called for and described in the Contract. 2.00 DEFINITIONS 2.01 Bags - Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2.02 Bins - Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial units. 2.03 Bulky Waste - Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for Bins, containers or Polycarts, as the case may be. 2.04 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together SOLID W ASTTI AND RECYCLING CONTRACf - Page 1 hjll:\m1xD:4\wylK."\brown.co~ forming an easily handled package not exceeding four feet in length or 40 pounds in weight. 2.05 city - The city of Wylie, Texas. 2.06 Commercial and Industrial Refuse - All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07 Commercial and Industrial Unit - All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of City and not a Residential unit. 2.08 Commercial Hand Collect Unit - A retail or light commercial type of business which generates no more than fourteen 30-gallon bags or containers of refuse per week. 2.09 Commodity -~Material that can be sold in a spot or future market for processing and use or reuse. 2.10 Commodity Buyer - A buyer or processor, selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.11 Construction Debris - Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.12 container - A receptacle with a capacity of greater than 20 gallons, but less than 35 gallons, constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base, The weight of a container and its contents shall not exceed 60 lbs. 2.13 Contractor - Browning-Ferris, Inc. 2.14 Dead Animals - Animals or portions thereof equal to or greater than 10 pounds in weight that have expired from any cause, except those slaughtered or killed for human use. 2.15 Disposal site - A Refuse depository including, but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted SOLID WASlE AND RECYCLING CONTRACf - Page 2 bjJ1:\mbm4\wylie\browo.c00,U83095 or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. 2.16 Garbaqe - Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste, (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, that used in cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents) { except (in all cases) any matter included in 'the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.17 Hazardous Waste - Waste, in any amount, which is defined, characterized or designated as hazardous by the united states Environmental Protection Agency or appropriate state agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans. 2.18 Holidays - The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.19 Polycart container - A rubber-wheeled container, having a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems. Construction shall be injection molded polyethylene. 2.20 Producer - An occupant of a Commercial Unit, Industrial Unit or a Residential unit who generates Refuse. 2.21 Recyclable Commodities - Material collected by Contractor pursuant to the contract documents, which can be sold in a spot or future market for processing and use or reuse including, but not SOLID WASTE AND RECYCLING CONTRACf - Page 3 bj,1:\mbox4\wyIie\browu.ex>0ft)83095 limited to, newsprint; magazines, plastic (PET and HOPE), glass containers, aluminum cans and metal (tin) cans. 2.22 Recyclinq container - A plastic receptacle designed for the purpose of curbside collection of recycling commodities, with minimum capacity of 18 gallons. 2.23 Refuse - This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.24 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential unit. 2.25 Residential Unit - A dwelling within the corporate limits of City occupied by a person or group of persons comp~ising not more than four families. A Residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential unit. 2.26 Rubbish - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances and any and all other waste materials not included in the definitions of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.27 Stable Matter - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. SOLUJ WASTE AND RECYCLING CONTRACf - Page 4 bj,1;\lnbOll:4\wylic\brown.~ 3.00 SCOPE OF WORK The work under this Contract shall consist of the items contained in the Performance Standards, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract Documents. A copy of said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION 4.01 Service Provided (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential unit one (1) time per week. Polycart containers shall be placed at curbside by 7:00 a.m. on the designated collection day. All Residert~ial Refuse shall fit into the Polycart container with the lid closed. (b) Contractor shall provide curbside collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. containers shall be placed at curbside by 7:00 a.m. on the designated collection day. (c) Contractor shall provide Bin Collection service for the collection of commercial and Industrial Refuse to Commercial and Industrial units according to individual agreement. Contractor shall provide Commercial Hand Collection service for Commercial Hand Collect units as defined in 2.08 of definitions. (d) Contractor shall provide for the special collection from Residential units of Bulky Waste, Construction Debris and Stable Matter. Also, Contractor may from time-to-time provide for the special collection of Dead Animals and Hazardous Waste at Commercial and Industrial units and Residential units at its sole discretion and upon such terms and conditions as Contractor shall specify. (See paragraph 15.01(b)). (e) Contractor shall provide transportation of collected refuse to the landfill site for SOLID WASrn AND RECYCLING CONTRACf - Page 5 bjl1:\ln00l4\wytie\brown.c0n,U83095 disposal, which responsibility is solely that of the landfill operator. (f) Contractor shall provide transportation and processing of collected recyclables to the Recyclery. (g) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which Contractor has no control. In the event of such a flood, tornado or other Act of God, Contractor and City will negotiate the payment to be made to Contractor. Further, if City and Contractor reach such an agreement, then City shall grant Contractor variances in routes and schedules as deemed necessary by Contractor. (h) Public~Education - Contractor shall be responsible for developing and implementing a public education plan to insure a smooth transition for the new automated collection system and to increase resident participation in the recycling program. The program shall include, but not be limited to, information packets including a magnet with Contractor's telephone number, a brochure outlining the details of the automated collection system and paid advertising with the local newspaper. Additionally, Contractor will supply speakers for presentations to civic groups and schools. The BFI Recyclery will be available for tours, and the MOBIUS Curriculum will be made available to all elementary teachers of grades 4 through 6. 4.02 Location of Polvcarts. Bins. containers. Baqs and Bundles for Collection (a) Each Polycart container, Bag, Recycling container and Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of-way adjacent to paved or traveled City roadways (including alleys). Polycarts, containers, Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Polycarts, containers, Bags and Bundles shall SOUD WASTE AND RECYCLING CONTRACf - Page 6 bjll:~box4\wytie\brown.~ be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart, container, Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement. Contractor may decline to collect Refuse in Bins not so placed. Placement of bin and size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5.00 COLLECTION OPERATION \ - 5.01 Hours of Operation (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of City and Contractor or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. (b) Collection of residential brush and bulky waste, commercial and industrial refuse shall take place according to individual agreement. 5.02 Routes of Collection (a) Residential Unit and Commercial collection routes shall be established by Contractor. Contractor shall submit a map designating the Residential unit collection routes to City for their approval, which approval shall not be unreasonably withheld. City shall publish at its expense at least once during each calendar year a map of such Residential Unit collection routes in a newspaper published in the immediate area. The published map shall be of such size to clearly show all pertinent information. Contractor may from time-to- time propose to City for approval, changes in routes or days of collection affecting SOLID WASTE AND RECYCLING CONlRACf - Page 7 hj,1:\lnbm4\wyIie\brown.~ Residential Unit~, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial unit collection routes shall be established by Contractor at its sole discretion. 5.03 Holidavs Contractor may decide to observe any holidays as defined herein, but such decision does not relieve Contractor of his obligation to provide Refuse collection service at Residential units at least once per week. 5.04 Complaints - All complaints shall be made directly to Contractor and shall be given prompt and courteous at~ention. In the case of alleged missed scheduled collections, Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. Contractor shall be responsible for maintaining a log of complaints and inquiries and provide it to City on a monthly basis with copies of all complaints and inquiries indicating the date and hour of the complaint, nature of the complaint and inquiries and the manner and timing of its resolution. 5.05 Collection Eauipment - Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, Bins and other equipment shall be kept in good repair, appearance and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of Contractor. Bins for food service establishments shall be exchanged at least one time per year. 5.06 Office - Contractor shall maintain an office or such other facilities within close proximity to City through which they can be contacted. Contractor shall secure an annual listing in the appropriate telephone directory under the name by which it conducts business in City. In addition, the listed telephone number shall be attended by a telephone answering machine, which will record calls received after normal business hours. It shall equipped with sufficient telephones, and the SOLID W~ AND RECYCLING CmITRACf - Page 8 bjll:\mbalt4\wyl.ie\brown.coo,1)83095 office shall be staffed with sufficient, competent personnel to handle calls and inquiries during the office hours, which are 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays as defined in this Contract. 5.07 Non-Collection - Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contract missed a pick-up), the decision of city's Mayor in such matter shall be final, and City and Contractor agree to abide by said decision. Contractor shall also provide notice to the customer of the reason for such non-collection (unless such non-collection is a result of the customer's failure to timely place the refuse or containers out for collection). Contractor's notice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business and shall indicate th~_nature of the violation and the correction required in order that such garbage may then be collected at the next regular collection date. 5.08 Interruption of Service - In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty- eight (48) hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and Contractor shall pay to City all costs and expenses associated therewith within ten (10) days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two (72) hours and is not the result of a force majeure, then City shall have the right to terminate this Contract. 5.09 Haulinq - All Refuse hauled by Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are reasonably prevented. 5.10 Disposal - All Refuse collected for disposal by Contractor shall be haul to a Disposal site. 5.11 Notification - City shall notify all Producers at Residential units about complaint procedures, rates, regulations and day(s) for scheduled Refuse collection. SOLID WASTE AND RECYCLING CONTRACf - Page 9 hjl1:\tnbox4\wylie\brown.~ 5.12 Point of Contact - All dealing, contacts, etc., between Contractor and City shall be directed by Contractor to the City Manager or the City Finance Director. 6.00 COMPLIANCE WITH LAW Contractor shall conduct operations under this Contract in compliance with all applicable laws. 7.00 EFFECTIVE DATE This Contract shall become effective upon the execution hereof by all parties and performance shall begin on September 1, 1995. 8.00 NONDISCRIMINATION Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. ~ 9.00 INDEMNITY Contractor will indemnify and save harmless City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees incident to any work done in the performance of this Contract arising out of any act or omission of Contractor, its officers, agents, servants and employees; provided, however, that Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of any act or omission of City, its officers, agents, servants and employees. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it under the terms of this Contract. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between City and Contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ. Contractor, its agents and employees, shall not be entitled to any rights or privileges of city's SOLID WASTE AND RECYCLING CONTRACf - Page 10 bjJI:\mbox4\wylic\brown.coMl83095 employees and shall not be "considered in any manner to be a City employee(s). 11. 00 LICENSES AND TAXES Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by City and by the State. 12.00 TERM The contract shall be for a five (5) year period beginning September 1, 1995 and ending five (5) years thereafter; except for earlier termination as provided herein. The initial term of this contract may be extended for successive additional five (5) year terms with the mutual agreement of both parties. 13.00 INSURANCE \ Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Workers' Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to City; and before commencement of work hereunder, Contractor agrees to furnish to City certificates of insurance or other evidence satisfactory to City to the effect that such insurance has been procured and is in force. The policy or policies shall name City as additional insured, to the extent of Contractor's indemnification herein. The certificates shall contain the following express obligations: This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder and City. city may require that the limits stated herein be raised in the event liability of municipal governments is increased by case law, amendment to current statutes or any other state or federal legal requirements. SOLID W AS1l~ AND RECYCI.ING CONTRACf - Page 11 bjll:\m1xK4\wylie\bmwn.~ For the purpose of the Contract, Contractor shall carry the following types of insurance in at least the limits specified below: Worker's Compensation statutory Employer's Liability $500,000.00 Bodily Injury Liability Except Automobile $500,000 each occurrence $1,000,000 aggregate Property Damage Liability Except Automobile $500,000 each occurrence $500,000 aggregate Automobile Bodily Injury Liability $500,000 each person $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $5,000,000 each occurrence ~'. As an alternative to the above, Contractor may insure the above public liability and property coverage under a plan of self-insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of $250,000.00 with the result that Contractor is its own insurer to the extent the coverage may be provided by Contractor's parent corporation. Contractor agrees to furnish city with certificates satisfactory to City evidencing such plan of self-insurance. 14.00 BOND 14.01 Performance Bond - Contractor will be required to furnish a corporate surety bond as security for the performance of this Agreement. Said surety bond must be in the amount of $100,000.00, with no pro-rata reduction over the term of the Agreement. The surety on the bond must be a duly authorized corporate surety company authorized to do business in the state of Texas and approved by City. 14.02 Power of Attornev - Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of the Power of Attorney. SOLID WASTE AND RECYCLING CONTRACf - Page 12 bjl1:\roboK4\wylic:\brown.c00,U83095 15.00 BASIS AND METHOD OF PAYMENT" 15.01 15.02 (a) (b) ( c) (d) Collection and Disposal Rates The rate for collection services required to be performed pursuant to sections 4.01 (a), (b) and (c) shall be the rates set forth in Exhibit "A", attached hereto and made a part hereof, subject to adjustment in accordance with section 15.02. For special collection provided by Contractor pursuant to section 4.01 (d), the charges are to be negotiated between Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to City for determination of a reasonable fee. The Refuse collection charges provided by sections_ .01 (a)-(c) shall include all disposal costs. In the event that any Commodity collected shall not be marketable for a period of 60 days or longer, City and Contractor, upon mutual agreement, shall eliminate that Commodity from the Recyclable Materials program and this Contract. Modification to Rates - Contractor may adjust the rates contained herein during the term of this Agreement to fully cover increases in costs resulting from (i) changes in any laws, ordinances, regulatory requirements or guidelines (including changes in construction or interpretation thereof or change in the manner or method of enforcement thereof); (ii) orders, judgments or directives of any court or governmental body of instrumentality thereto; or (iii) increased costs due to changes in location of disposal facilities and/or increases in disposal costs. Should its operation costs increase, Contractor may petition City for rate adjustments no more than once every 12 months during the term of this Contract. Any proposed rate adjustment shall be submitted to City as soon as practicable and be accompanied by adequate cost justification and documentation to allow for proper review SOLID WASTE AND RECYCLING CON"IRACf - Page 13 hjll:\mbax4\wy6e\brown"~ by City, which petition shall not be unreasonably denied. In the event City does not believe there is adequate cost justification and documentation to allow for a cost increase, City may deny Contractor's request for an operational cost increase. 15.03 Contractor to Act as Collector - Contractor shall submit statements to and collect from all Commercial and Industrial units for services provided by Contractor pursuant to section 4.01 (c) (including Commercial Hand Collect and Shared Dumpsters) . 15.04 Delinquent and Closed Accounts (a) Contractor shall discontinue Refuse collection service at any Residential unit as set for~h in a written notice sent to it by City. Upon further notification by City, Contractor shall resume Refuse collection on the next regularly scheduled collection day. City shall indemnify and hold Contractor harmless from any claims, suits, damages, liabilities or expenses (including, but not limited to, expenses of investigation and attorney's fees) resulting from Contractor's discontinuing service at any location at the direction of City. (b) Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit, Commercial Hand Collect or Shared Dumpster delinquent in its payments. 15.05 Contractor Billinqs to city - Contractor shall bill City for service rendered to Residential Units within ten (10) days following the end of the month, and City shall pay Contractor on or before the 15th day following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in the Contract Documents. Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not City collects from the customer for such service. SOLID WASTE AND RECYCLING CONTRACf - Page 14 bjll:'llnbm4\wytie\bmwn.~ 16.00 TRANSFERABILITY OF CONTRACT Other than by operation of law, no assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by Contractor without the express written consent of City. In the event of any assignment, the assignee shall assume the liability of Contractor as though it was the original Contracting Party. 17.00 EXCLUSIVE CONTRACT Contractor shall have a ninety-five (95%) franchise, license and privilege to provide refuse collection and removal and recycling collection within the corporate limits of city. 18.00 OWNERSHIP Title to Refuse Qead Animals and Recyclable Materials shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or container or removed by Contractor from the customer's premises, whichever last occurs. 19.00 FRANCHISE FEE Contractor shall pay to City fifteen percent (15%) of all amounted received by Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to City on or before the 25th day of each month for amounts received by Contractor for the performance of services during the immediately preceding month. 20.00 BOOKS AND RECORDS City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract, and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under section ___.02. SOLID WASJr. AND RECYCLING CONlRACf - Page 15 hji1:\mbox4\wylic\brown.con,1)83095 21. 00 REVOCATION In the event of an alleged breach by Contractor of any of the terms, covenants or conditions contained herein, City shall notify Contractor in writing by certified mail of such alleged breach, and if the same is not cured within fifteen (15) working days from such notice, City may, after a hearing as described herein, determine that a breach has occurred and remains uncured, and, therefore, cancel and revoke this Contract. The hearing prerequisites to such revocation shall not be held until notice of such hearing has been given to Contractor at the address shown herein, and a period of at least ten (10) days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the alleged reasons for cancellation and revocation of this Contract. The hearing shall be conducted in open session by the City Council of City, and Contractor shall be allowed to present evidence to answer such allegations as set out in the notice. If, after the hearing is concluded, the City Council of city determines that a breach of the terms, covenants or conditions of this Contract has occurred and remains uncured, the City Council of City may revoke and cancel this Contract and same shall be null and void. 22.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the united States mail, postage pre-paid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to City: Attention: City Manager P.O. Box 428 Wylie, Texas 75098 If to Contractor: Attention: District Manager 4200 E. 14th Street PIano, Texas 75074 or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. SOLID WAS'm AND RECYCLING CONTRACl' - Page 16 bjJ1:Vnbox4\wylie\bmwn.~ 23.00 24.00 25.00 26.00 27.00 28.00 APPROVAL This Contract shall not be considered fully executed nor binding on City or Contractor until the same shall have been executed by Contractor, the Mayor and the City Secretary of City. AMENDMENT All provisions of this Contract shall be strictly complied with and conformed to by Contractor, and no amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. FORCE MAJEURE Notwithstanding anything herein to the contrary, Contractor shall 'not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond the reasonable control of Contractor. SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. SPECIAL PROVISIONS 28.01 city Facilities - Bin collection service for City facilities shall be provided at no charge. SOLID WAS'm AND RECYCLING CONTRACf - Page 17 hjJ1:'''Dbax4\wyIic\brnwn.~ 28.02 Sprinq Clean-Up Campaign (a) Contractor shall provide up to ten (10) 30- cubic yard containers at a centralized Spring Clean-Up site. A minimum of eight containers shall be maintained on site at all times. (b) Contractor shall provide free collection and disposal to City, up to a maximum of 25 hauls of 30 cubic yards. 28.03 Pavement Damaqe in Allevs (a) Prior to the effective date of this Contract, a photographic survey shall be performed by representatives of City and Contractor to document all existing pavement damage in alleys. All such documented pavement damage shall be exempt from this provision of the Contract. ". (b) Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. (c) Within thirty (30) days after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in section .03 (a), Contractor shall arrange for satisfactory repair of the alley pavement or repairs will be performed by City forces and City reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on Contractor's next monthly billing for Residential collection service. 28.04 Contract Performance Review (a) Contractor's representatives shall meet with City's staff quarterly in order to review contract performance. Contractor shall notify City of the proposed time and place of such meetings, and meetings will be scheduled by mutual agreement. (b) Contractor's representatives shall meet once a year with the city Council for purposes of an annual contract performance review. SOLID WASTE AND RECYQ.ING CONTRACf - Page 18 bjll:\mbox4\wylie\brown.~ IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agent, hereto affix our signatures and seals as of this day of 1995. ti4J~':;S:~' .. .... (S4(L ~Ei~e c~t~ ~of Wy~i~Texas~ \ t;,~""'CO"~>_/'/' ,.,;,~/E;' ':}~ YL 1'= -\'2,".<'>' '1JI.~!}J/:;j:: i~;; ~ ~:.~:;.\\\<,':-\" . CITY OF WYLIE, TEXAS A Municipal Corporation of cOllin~unty. T as ATTEST: ~~/J /Ci ty Secretary \ By: A~J.k SOLID WASl~ AND RECYCLING CONTRACT - Page 19 hjA:'D1bol1:4\wytic\brown.~ ATTACHMENT'A THE CITY OF WYLIE, TEXAS REFUSE AND RECYCLING SERVICE: Residential - Single Family Duplex unit - Per Unit Trailer Park - Per unit Additional Polycart, Per Unit (Up to 50 Users) COMMERCIAL SERVICE: Commercial Hand Collect Additional Polycart 2 cu. yd. '\ 3 cu. yd. 4 cu. yd. 6 cu. yd. 8 cu. yd. EXTRA PICKUPS: 2, 3, 4 cu. yd. 6, 8 cu. yd. SOLID WASTE AND RECYO.lNG CONTRACf - Page 20 bjll:\mbm4\wyIie\brown.~s SEPTEMBER 1995 RATE $ 7.39 $ 7.39 $ 7.39 $ 2.25 2 x week $ 10.00 $ 3.50 1 x week $ 37.00 2 x week $ 79.00 3 x week $105.00 1 x week $ 51. 00 2 x week $ 95.00 3 x week $147.00 1 x week $ 76.00 2 x week $121. 00 3 x week $171.00 1 x week $ 89.00 2 x week $145.00 3 x week $215.00 1 x week $109.00 2 x week $187.00 3 x week $249.00 $ 28.00 $ 32.00 SPECIAL CHARGES: Compactor containers (42 cu. yd.) Per Haul (includes disposal) (Plus equipment rental) Tires (each) ", $250.00 $225.00 $ 7.00 $ 75.00 $ 50.00 $ 60.00 $ 15.00 $ 5.00 Roll-Off containers (30 cu. yd.) Per Haul (includes disposal) Roll-Off Containers (30 cu. yd.) Daily Rental Per Day Delivery & Exchange of Roll-Off Delivery & Exchange of Front Load containers Polycart Purchase Price Return Check Charge SOLID WASTE AND RECYOJNG CONTRACf - Page 21 hj,1:\m1xK4\wylie\brown.~ ATTACHMENT'B THE CITY OF WYLIE, TEXAS PERFORMANCE STANDARDS I. Residential and Commercial Hand Collection A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley. D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. .... E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection Special collection of brush and bulky items (as defined in Paragraph 2.03 of the Contract) will be made available to Residents at the rate of $1.50 per minute for time spent on collection, with a minimum charge of $15.00 per collection. Residents must call Contractor's dispatch office to schedule collection. SOLID WASfE AND RECYCLING CONTRACf - Page 22 hjl1:\mbax4\wylit:\brown.~ G. Commercial Hand Collection Customers with an average weekly volume exceeding 2 polycarts twice a week will be required to use container service unless there are extraordinary circumstances. Any dispute in average weekly volume will be submitted to city officials decision. II. Residential Recycling A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley. D. Approved containers: 1. 18 gallon plastic bin. 2. Additional bins may be purchased from Contractor , by Producer."_ III. Commercial container Collection A. container size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 c yd., 42 cu. yd. B. Schedules Available: Up to three times weekly. C. Hours of Operation: 7:00 a.m. - Completion. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five working days. E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Blocked containers: If access to a container is blocked, the driver will radio our dispatcher. A call will be placed to the location describing the obstruction. The driver will wait until the customer is contacted and the obstruction cleared. If not cleared, the driver will proceed on route. Customer may call in for an extra pickup, if desired, when access is clear. Customer will be charged for extra pickups. G. Overfilled.Containers: container will not be emptied if a safety hazard exists. Customer will be contacted to SOLID WASTE AND RECYU.ING CONTRACf - Page 23 bjl1:~bOIl4\wylie\bmwn.roMl8309S remove excess. An extra pickup will be re-scheduled when excess refuse has been removed. Customer will be charged for extra pickups. H. container Maintenance: Containers that have been damaged will be exchanged or repaired within 5 working days of notification. If the damage is not due to our servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged at reasonable intervals to maintain a good appearance considering type of refuse generated, normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond our control, the container will be exchanged upon the request of the customer. A maximum of $50.00 for refurbishing will bc charged. Containers at food service establishments shall be exchanged at least one time per year. I. Gates and Enclosures: Assistance will be requested for opening and closing gates at those locations which desire to place containers in enclosures. If customer does not assist, an additional charge of $5.00 per month per container times number of pickups per week will be added. J. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. K. Casters: Casters are not available on our containers. L. Non-Payment: Customers will be notified in writing when 30 days past due. If unpaid after 45 days, customer will be notified in writing that service is being suspended until account is paid in full. A copy will be sent to the Finance Department and City Code Enforcement. If a customer is suspended twice, a deposit in the amount of one month's average billing will be required to re-establish service. This deposit will be refunded after one year of prompt payments by customer. IV. General A. Office Hours: 8:00 a.m. - 5:00 p.m. Monday - Friday. B. Holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor; however, refuse collection service at residential units will be performed no less than once per week. SOLID WASlF. AND RECYCLING CONTRACf - Page 24 bV1:wbOll:4\wylie\bmwn.~