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Ordinance 1993-41 ORDINANCE NO. 1 ~ -t// AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE EXISTING FRANCHISE FOR REFUSE COLLECTION , REMOVAL AND DISPOSAL WITHIN THE CITY OF WYLIE GRANTED TO BROWNING-FERRIS INCORPORATED, BY ORDINANCE 93-39; 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 Incorporated (BPI) 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 adopted such agreement and granted a franchise to BFI on the 12th day of August, 1993, by adoption of Ordinance No. 93-39; and , WHEREAS, the franchise agreement as adopted provided for once per week refuse collection and once per week recycling collection for residential customers in the City; and, WHEREAS, the Council has had contact from numerous citizens complaining that once a week refuse pickup was not frequent enough in that their trash was decaying to a point where it was creating strong odor and becoming infested with insects before being picked up, which created an unsanitary and unpleasant condition in an around the premises of the homeowners; and, WHEREAS, the Council has determined that the cost savings from the once per week pick up are not significant enough to overcome the aforementioned detrimental effects and therefore desires to change the agreement to provide for twice per week refuse collection; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The franchise agreement with BPI providing for refuse collection, removal and disposal within the City, as heretofore adopted by Ordinance 93-39 be, and it hereby is, amended by adoption of the "Amended 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. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions, specifically including without limitation Ordinance 93-39, in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of September, 1993. .~ '- AITEST: 'Il1~1(~ Mary Nichol City Secretary / AMENDED CONTRACT ~ THIS AMENDED CONTRACT, made and entered into this 12th da~ of A 1:1 ~ 1:1 ~ t, 1 9 9 J ,.::}}.::::::day.:.::o..l::S:ep:tember:,.:1993, by and bet wee nth e C i t y of Wylie, Texas a Municipal Corporation of Collin County, Texas. (hereinafter called the "City") and Browning-Ferris, Inc., (hereinafter called "Contractor"). WITNESSETH: WHEREAS, the parties hereto desire for Contractor to provide Refuse collection within the City and to perform such work as my 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 BFI shall be granted the exclusive right to provide refuse collection, removal and disposal services and the collection of recyclables for ninety-five percent (95%) of the Residential, Commercial and Industrial Uni ts wi thin the corporate limits of the City, as specified and described in the Contract. Further, the Contractor is hereby granted a franchise, license and privilege within the territorial jurisdiction of the 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. 3.00 4.00 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. A copy of said performance standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. COLLECTION OPERATION 4.01 Service Provided - (a) Contractor shall provide curbside collection service for the collection of Residential Refuse to each Residential Unit one (1 )~\v9::T~J t time~ per week. Containers, Bags and Bundles shall be placed at curbside by 7:00 a.m. on the designated collection day. (b) Contractor shall provide curbside collection service for the collection of Recyclable Materials from each Residential Uni tone (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 indi v idual agreement. The Con t r act 0 r s hall pro v i de co mm e r cia 1 hand collection service for commercial hand collect units as defined in 2.08 of definitions. (d) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter. Also, the Contractor may from time to time provide for -6- their approval, which approval shall not be unreasonable withheld. City shall publish at its expense at least once during each calendar year a map of such Residential Unit collection routes in the newspapers published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time propose to Ci ty for approval changes in routes or days of collection affecting Residential Units, 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 the Contractor at its sole discretion. 5.03 Holidays The following shall be holidays for purposes of this Contract: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection service on the holiday. When the holida} fal13 on Monda), collection will bc madc on Thl:lf3da}; wflen *- the holiela) fal13 01"1 Thtlr3e1a), collection will be maelc on Monday. City.<and<>Conlractoragree>><that.:the .J1e.~t<c()l:l>~(;.tj()r"}::s~i.vl..~.~:~h~j..l..::t~k~::p.tac~.:.:(.)ntli.e:.<n:ext )j:.. reg:u:.1arly.:.:s(;hedl1l:ed>c:O.l1ec~.i.():Jl.:.>c;I~y.>..:.:...ho.weverr>::.. .in >>.no f evenTshaIl"co..llec'tion:: . ():CC:tI:r: <<less than . once per week. 5.04 Complaints - All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if such -9- 6.00 7.00 8.00 9.00 10.00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting regulations of the City on the subject. EFFECTIVE DATE This Contract shall be effective upon the execution hereof by all parties and upon such execution shall retroactively effective to Jul) 1, 1993. Septemberl,.. L993. -f NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. INDEMNITY The Contractor will indemnify and save harmless the 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 arising out of a willful or negligent act or omission of the Contractor, its off icers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees or arising out of a claim that the City was not authorized to award this Contract or such was in conflict with the terms of a prior Contract executed by the City. LICENSES AND TAXES - 11 - 11 .00 12.00 The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. TERM ~C$:g~.;:;;':e;':~::lt~;3 faonrd :n~wiOng( ~~:(~) ~::;~n;~:r;:~~e;: f The i nit i a I t e r m 0 f t his con t r act ma y bee x ten de d for successive additional on (1) year terms with the mutual agreement of both parties. INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Workmen's Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to the City and before commencement of work hereunder the Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such ins u rance has been procu red and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: -12- 25.00 26.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and super$edes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the sub j e ct . ma t te : her eo f . T.hf!.:::.p.~.f(Y.:i:.c):Il:li:.~:c):Il:~:ta~:t:~fJ~:~Ji:v~ .;;J:Il:l..:yJ::;::::1:9:~;3.<::J,s:....::l:t:~:~~bX::::li~t.::..a$lde.:.. :a.;:llcL<.:li.ll.p:er.secft!d . -f SPECIAL PROVISIONS 26.01 Bin collection service for City of Wylie facilities shall be provided at no charge. 26.02 Sprin~ Clean-Up Campai~n (a) Contractor shall provide ten (10) 30- cubic yard containers in multiple locations. (b) Contractor shall provide free collection and disposal up to 10 hauls of 30 cubic yards. -20- IN WITNESS WHEREOF, We, the authorized agent, hereto affix Texas, as of this day of SEAL of the City of Wylie, Texas ATTEST: City Secretary contracting parties, by our duly our signatures and seals at Wylie, J \:11), 1 993 s.e:p.tember;:.:19~} of CITY OF WYLIE, TEXAS A Municipal Corporation of Collin County, Texas By: Mayor and City Manager BROWNING-FERRIS, INC. By: District Manager -21- ATTACHMENT A CITY OF WYLIE, TEXAS REFUSE AND RECYCLING SERVICE JULY 1993 RATE Residential - Single Family ~ 8 . 3 0 $ 9.:.:ll f I $ 8 . 3 0 $. <9~31 f' ::; 8 . 3 0 $ 9..31 * Duplex Unit - Per Unit Trailer Park - Per Unit Commercial Hand Collect 1. Less than 5, 30 gal. bags per week 2. 5 to 8, 30 gal. bags per week 3. 9 to 12, 30 gal. bags per week $ 15.72 $ 29.18 $ 42.64 COMMERCIAL SERVICE 10 cu. yd. 1 x week $ 62.30 2 x week $101.25 3 x week $140.18 1 x week $ 68.98 2 x week $111.26 3 x week $152.43 1 x week $ 84.55 2 x week $124.62 3 x week $173.56 1 x week $ 95.68 2 x week $159.11 3 x week $225.86 1 x week $119.04 2 x week $189.19 3 x week $244.78 1 x week $139.08 2 x week $235.87 3 x week $331.55 2 cu. yd. 3 cu. yd. 4 cu. yd. 6 cu. yd. 8 cu. yd. -22- ATTACHMENT B CITY OF WYLIE, TEXAS PERFORMANCE STANDARDS I. Residential and Commercial Hand Collection A . S c h e d u 1 e : Effl-ee- TwIce we e k 1 y . f B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. Plastic bags, 1.4 mil. thickness, 30 gallons in capacity. 2. A watertight receptacle of a solid and durable grade and metal not to exceed thirty (30) gallons in capacity. 3. Disposable closed containers not greater than 2 feet x 2 feet x 4 feet. 4. Bundles of brush less than 4 feet in length that can be handled by one man and placed at the curb. 5. Maximum weight bag, bundle or container: 40 pounds each. E. S pill age : Any s pill age caused by us wi 11 be picked up immediately. Spillage caused by others or by inadequate containers will be the residents' responsibility. -24-