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03-17-1987 (City Council) Agenda Packet AGENDA SUMMARY CITY COUNCIL TUESDAY, MARCH 17, 1987 ITEM NO. 1 - PUBLIC HEARING ON SANITATION FRANCHISE - A copy of the proposed contract and our attorney' s comments are included in your packet . Mr . Johnson and I will be available to answer any questions. We also expect to have another commentary from the City Attorney before the meeting. ITEM NO. 2 - SETTELEMENT AND CANCELLATION OF LANDFILL CONTRACT - After several months of negotiation and discussions, the staff, together with Larry Jackson, City Attorney and BFI have reached a figure of $25,000 .00 to be paid to the City by BFI . This should put this matter to rest between the City and BFI . It will also provide the funds for the City to fill the pit, dug by Moore Disposal and get that issue resolved with the Texas Bureau of Solid Waste Management. ITEM NO. 3 - AWARD FRANCHISE FOR SANITATION COLLECTION - This item is provided for you to approve/deny the contract with BFI for trash pickup in the City of Wylie. ITEM NO. 4 - PUBLIC HEARING ON TRASH PICKUP RATES - This rate hearing is required by law and has been advertised in the local newspaper. The ordinance, stating the proposed rates, is included in your packet for Item No.4 . ITEM NO. 5 - APPROVE RATE ORDINANCE FOR SANITATION SERVICE No additional comments . ITEM NO. 6 - APPROVE FINAL PLANS FOR MUNICIPAL COMPLEX Your approval is needed for the signing of the final plans for the new City Hall . All department heads have checked their department areas and the engineering and inspection departments have gone over the total plan and recommend your approval . 1 j)a 7',r Pas7Fo .3/3 4,7 AGENDA Tm`r �G2S1ED s: dv pig CALLED MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, MARCH 17, 1987 7:00 P.M. SMITH LIBRARY 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 Conduct PUBLIC HEARING on the 1-19 sanitation franchise contract. 2 Consider settlement and cancellation of existing landfill contract. 3 Consider award of solid waste (sanitation) franchise. 4 20-21 Conduct PUBLIC HEARING on the rates to be charged for sanitation services in the City of Wylie. 5 insert Consider approval of sanitation rate ordinance. 6 oral Consider approval of final plans for the Municipal Complex . 7 ADJOURN J. SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner, Jack, Sallinger & Nichols) ALFRED SALLINGER Attorneys & Counselors at Law PRESTON CENTER OFFICE H.LOUIS NICHOLS 1800 Lincoln Plaza 8222 Douglas Ave.Suite 707 LAWRENCE W.JACKSON 500 N. Akard Dallas,Texas 75225 . TIM KIRK (214)692-1218 ROBERT L.DILLARD III Dallas, Texas 75201 ROBERT D.HEMPHILL (214) 954-3333 �--r... Ir (i_; fl j�---- - - ROBERT E.HAGER �-2] / PETER G.SMITH ROY L.ARMSTRONG March DAVID M.BERMAN 4, 1987 ROBERT L.DILLARD.JR. JOHN F.ROEHM III OF COUNSEL BRUCE A.STOCKARD - I PAM GANDAL EUDARIC Mr. Gus H. Pappas _ City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 Re: Refuse Collection Contract Dear Gus: I have reviewed the Refuse Contract sent to me by Mr. Darryl S. Hill, Marketing Representative of BFI Waste Systems, a copy of which is enclosed. After reviewing the Contract, I contacted Mr. Hill and discussed with him certain changes that I would require prior to approval. My comments concerning the Contract and the changes suggested to Mr. Hill are as follows: The City should be apprised of the fact that the Contract is with "Moore Industrial Disposal, Incorporated." The City should satisfy itself as to the relationship between Moore Industrial Disposal, Incorporated, and BFI Waste Systems. Paragraph 1.00 and paragraph 15.00 should be changed to eliminate the language that the franchise granted is an exclusive franchise. There is a constitutional prohibition against a city granting an exclusive franchise. Pagargaph 3.00 provides that the work under the Contract shall consist of the items contained in the "Proposal" . . . . I would like to see this Proposal and it should be attached to the Contract or language from the Proposal substituted for this provision, which will provide that Contractor is to provide the City with complete refuse collection, removal and disposal service in accordance with the provisions of this Contract. The City should note that in paragraph 5.02, the City is obligated to publish at its expense at least once during each calendar year a map showing the collection routes. Section 5.08 provides that all refuse collected for disposal by Contractor shall be hauled to a disposal site. I would recommend that a provision be added that Contractor shall be responsible for furnishing or providing an adequate disposal site sufficient to receive all refuse or other waste generated from the City and required to be collected and disposed of by this Contract and that all refuse required to be collected under the Contract shall be disposed of by the Contractor at such disposal site. Mr. Gus H. Pappas Page 2 March 4, 1987 City Council should note that paragraph 5.09 places a duty on the City to notify the residential units about complaint procedures, etc. Paragraph 6.00 contains a provision which says in effect that the Contractor shall conduct operations in compliance with all applicable laws, but goes on to say "provided, however, that the general specifications shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject." Mr. Hill states that their intent in regard to this latter provision is to cover a situation where our ordinance might provide a maximum weight for a container which would be in excess of the maximum weight provided by this Contract, and in such a situation the general specifications of this Contract would prevail. I will try to clear this up in the revision which we will be preparing. Paragraph 9.00 is the indemnity provision of the Contract, and I have no objection to it. I would point out that I questioned Mr. Hill in regard to the reason for the language which states that the City will indemnify Contractor for matters "arising out of the award of the Contract" or any willful or negligent act or omission of the City, its officers, agents, servants and employees. Mr. Hill stated that the language "arising out of the award of the Contract" was to take care of any situation wherein someone would sue the City, naming the Contractor as a party on the ground that the City did not have authority to award the franchise to the Contractor. Paragraph 10.00 should be modified to provide that the Contractor will be responsible for furnishing or providing an adequate disposal site sufficient to receive all the refuse or other waste generated from the City and required to be collected and disposed of by this Contract. I have no objection to the five-year term as established in paragraph 11.00 if an additional provision is added to paragraph 19.00, which would permit the City to terminate the franchise upon a finding, after public hearing, that Contractor has failed to provide adequate refuse collection service for the City. It is my understanding that Contractor will use the alternative provision mentioned under paragraph 12.00 to be a self-insurer in regard to public liability and property damage coverage. I would suggest adding to the last sentence of this paragraph a provision which states that Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self-insurance. Pursuant to paragraph 13.00, the City should satisfy itself that the rate schedule set forth in Exhibit "A" is satisfactory. I have not reviewed this Exhibit "A." Paragraph 13.02 involves a modification of rates. The City should satisfy itself that the index upon which modification of rates shall be calculated is satisfactory with the City and approved by the City's financial adviser. This opinion does not cover an evaluation of such index provisions, however, I do point out to the Council that the Contract provides that rates "shall" be modified pursuant to these index provisions • Mr. Gus H. Pappas Page 3 March 4, 1987 subject to the provision that if the increase in fees for any twelve-month period exceeds 8%, then the City would have an opportunity within 90 days to terminate the Contract. Subparagraph (d) of paragraph 13.02 provides that in addition to the fee increase resulting from the applicable index, the fees charged by the Contractor "shall" be increased to cover any increase in the disposal cost at the disposal site. I would suggest some type of provision here which would also give the City the right to terminate the Contract if disposal site fees become excessive. Council should be advised that paragraph 13.04 provides that the City shall indemnify the Contractor for any loss which results from the Contractor's discontinuing service at any location at the direction of the City. As previously stated, I would suggest that a provision be added to paragraph 19.00 which would state that "a finding by the City Council, after holding said hearing, that Contractor has failed to provide adequate refuse collection service for the City, shall be sufficient reason for termination of this Contract. I will try to have this Contract retyped containing the suggested changes prior to the March 17 special meeting. • Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK ac DILLARD BY � f Lawrence ackson LWJ/sb Enclosure cc: Mr. Darryl S. Hill Marketing Representative BFI Waste Systems P. O. Drawer M Hutchins, Texas 75141 WL87-0304 CONTRACT THIS CONTRACT, made and entered into this day of 1987 , by and between the City of Wylie, Texas , a Municipal . Corporation of Collin County, Texas , (hereinafter called the "City") and Moore Industrial Disposal, Incorporated (hereinafter called "Contractor") . W I T N. .E S S E T H: WHEREAS , the parties hereto desire for Contractor to provide Refuse collection within the 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 agree- ments and covenants , it is understood and agreed by and between the parties hereto as follows: 1 . 00 GRANT The Contractor is hereby granted the sole and exclusive 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 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 integ- rity when lifted by the top . Total weight of a bag and its contents shall not exceed 35 lbs . 2 . 02 Bin - Metal receptacle 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 , Hazard- ous Waste or Stable Matter with weights or volumes greater than those allowed for Bins or Containers , as the case may be . 2 . 04 Bundle - Tree, shrub and brush trimmings or newspa- pers and magazines securely tied together forming an easily handled package not exceeding three feet in length or 35 lbs. in weight. 2. 05 City - 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 the City not a Residential Unit. 2. 08 Construction Debris - Waste building materials resulting from construction, remodeling, repair or demolition operations . 2 . 09 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 . 10 Contractor - Moore Industrial Disposal Incorporated. 2 . 11 Dead Animals - Animals or portions thereof equal to or greater than 10 lbs . in weight that have expired from any cause, except those slaughtered or killed for human use . 2. 12 Disposal Site - A Refuse depository, physically located in the City or in close proxlimity thereto , including but not limited to sanitary landfills, transfer stations , incinerators , and waste process- ing/separation centers licensed , permitted or approved by all governmental bodies and agencies having juris- diction and requiring such licenses , permits or approvals to receive for processing or final disposal of Refuse and Dead Animals . 2 . 13 Garbage - Any-and all dead animals of less than 10 lbs . in weight , except those slaughtered for human consumption; every accumulation of waste (animal, - 2 - • vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning , storage , transpor- tation, decay or decomposition of meats , fish, fowl , birds , fruits , grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all pu- trescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents) ; except (in all cases) any matter inclu- ded in the definition of Bulky Waste, Construction Debris , Dead Animals , Hazardous Waste, Rubbish or Stable Matter. 2 . 14 Hazardous Waste - Waste , in any amount , which is defined , characterized or designated as hazardous by the United State9 Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount , which is reg- ulated under Federal or State law. For purposes of this Contract, the term Hazardopus Waste shall also include motor oil, gasoline, paint and paint cans . 2. 15 Producer - An occupant of a Commercial and Industrial Unit or a Residential Unit who generates Refuse. 2 . 16 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 In- dustrial Refuse. 2 . 17 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit . 2 . 18 Residential Unit - A dwelling within the corporate limits of the City occupied by a person or group of persons comprising 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 continguous 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 . 19 Rubbish - All waste wood, wood products , tree trim- mings , grass cuttings dead plants , weeds , leaves , - 3 - • dead trees or branches thereof , chips , shavings , sawdust, printed matter, paper, pasteboard , rags , straw, used and discarded mattresses , used and discarded clothing, used and discarded shoes and boots , combustible waste pulp and other products such as are used for packaging, or wrapping crock- ery and glass , ashes , cinders , floor sweeping, glass , mineral or metallic substances , and any and all other waste materials not included in the defi- nition of. Bulky Waste, Construction Debris , Dead Animals , Garbage, Hazardous Waste or Stable Matter. 2 . 2.0 Stable Matter - All manure and other waste matter normally accumulated in or about a stable, or any animal , livestock or poultry enclosure, and result- ing from the keeping of animals , poultry or live- stock. 3. 00 SCOPE OF WORK The work under this Contract shall consist of the items contained in the Proposal, including all the supervision, materials , equipment , labor and all other items necessary to complete said work in accordance with the Contract. 4 . 00 COLLECTION OPERATION 4 . 01 Service Provided (a) Contractor shall provide curbside collection service for the collection of Residential Re- fuse to each Residential Unit 2 time (s) per week. Containers , Bags and Bundles shall be placed at curbside by 7 a.m. on the designated collection day. (b) Contractor shall provide Bin Collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units accord- ing to individual agreement. (c) 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 the special collection of Dead Animals at Commercial and Industrial Units and Residential Units at its sole discretion and a upon such terms and conditions as Contractor shall specify. (d) 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 the - 4 - Contractor has no control. In the event of such a flood , tornado, or other Act of God , the Contractor and the City will negotiate the payment to be made to the Contractor , if the Contractor and the City agree that such increased volume is to be handled by the Con- tractor. Further, if the City and the Contrac- tor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the City Manager . 4 . 02 Location of Bins , Containers , Bags and Bundles for Collection (a) Each Container , Bag and Bundle shall be placed at curbside for collection. Curbside refers to that portion of tight-of-way adjacent to paved or traveled City Roadways (including alleys) . , Containers , Bags and Bundles shall be placed as close to the roadway as practicable without in- terfering with or endangering the movement of vehicles or pedestrians . When construction work is being performed in the right-of-way, Containers , Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Container , Bag and Bundle not so placed or any Residential Refuse not in a Bag. (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 hard surface according to individual agreement . Contractor may decline to collect Refuse in Bins not so placed. 5. 00 COLLECTION OPERATION 5. 01 Hours of Operation (a) Collection of Residential Refuse shall not start before 7 a.m. or continue after 6 p .m. on the same day. Exceptions to collection hours shall be effected only upon the mutual agreement of the 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 cir- cumstances . - 5 - • 5 . 02 Routes of Collection (a) Residential Unit collection routes shall be established by the Contrac- tor . Contractor shall submit a map designating the Residential Unit collection routes to the 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 collec- tion routes in the newspapers pub- lished in the immediate area. The published map shall be of such size to clearly show all pertinent infor- mation. The Contractor may from time to time propose to City for approval changes in routes or days of collec- tion affecting Residential Units , which approval shall not be unreasonably withheld. Upon City' s approval of the proposed changes , City shall prompt- ' ly give written or published notice to the affected Residential Units . (b) Commercial and Industrial Unit collec- tion routes shall be established by the Contractor at its sole discretion. - 5a - (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, but such decision in no man- ner relieves Contractor of his obligation to provide collection service at Residential Units at least 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 allegations are verified, shall arrange for the collection of the Refuse not collected within 48 hours after the complaint is received. 5 . 05 Collection Equipment - The 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 the Contractor. 5 . 06 Office - The Contractor shall maintain an office or such other facilities within close proximity to the City through which he can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8 : 00 a.m. to 4 : 30 p .m. on regular collection days . 5 . 07 Hauling - All Refuse hauled by the Contractor shall be con contained, tied or enclosed that leaking , spilling or blowing are prevented. 5. 08 Disposal - All Refuse collected for disposal by the - 6 - /0 • Contractor shall be hauled to a Disposal Site . The charge for disposal shall be included in the rates set forth in the Proposal for each Commercial and Industrial Unit and Residential Unit serviced by the Contractor . 5 . 09 Notification - The City shall notify all Producers at Residential Units about complaint procedures , rates , regulations, and day (s) for scheduled Refuse collec- tion. 5 . 10 Point of Contact - All dealings , contacts, etc . , between the Contractor and the City shall be directed by the Contractor to The City Manager and by the City to Contractor' s District Manager. 6. 00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, that the General Specifications shall govern the obliga- tions of the Contractor where there exists conflicting ordi- nances of the City on the subject . 7. 00 EFFECTIVE DATE This Contract shall be effective upon the execution of the Contract and performance of such Contract shall begin on 8. 00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color , religion or national origin. 9. 00 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 officers, agents, servants and em- ployees ; 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 the award of this Contract or a willful or negligent act or omission of the City, its officers , agents, servants and employees. - 7 - /1' 1 0. 00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the 1 icense and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. 1 1 . 00 TERM The Contract shall be for a five (5) year period beginning upon the execution of the Contra ct and end ing five (5) years thereafter. The initial five (5 ) year term of this Contract shall automatically be extended for successive additional five (5) year terms , unless either party notifies the other party• in writing , not less than sixty (60) days prior to the expiration of the initial five (5) year term or of any successive five (5) year term, of its intent ions to terminate this Contract. Any such written notice shall be served by certif ied or reg istered mail, return rece ipt• request ed. 1 .. 00 INSURANCE The Contractor shall at all times dur ing the Contract maintain in full force and effect Employer 's liability , Workmen 's Compensat ion, Publ is liabil ity and Property Damage Insurance , including contractual 1 iabil ity cover- age tor the prov isions of Section 9.00 . All insurance shall be by insurers and for pol icy 1 imit s acceptable to the City and before commencement of work hereunder the Contractor agrees to •furnish the City cert if icat es of insurance or other evidence sat isfactory to the City to the effect that such insurance has been procured and is in force . The cert if icat es shall contain the follow ing express obligations : "This is to cert ify 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 cert if icate holder , th irty (30) days pr for wr itten notice w ill be given the certif icate holder. " For the purpose of the Contract , the Contractor shall carry the following types of . insurance in at least the 1 units specified below : • - b - • • Coverages Workmen' s Compensation Statutory Employer' s Liability $500, 000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1 , 000 , 000 aggregate Property Damage Liability $500 , 000 each occurrence Except Automobile $1 , 000 , 000 aggregate Automobile Bodily Injury $500 , 000 each person Liability $1 ,000 ,000 each occurrence Automobile Property Damage $500 ,000 each occurrence Liability Excess Umbrella Liability $5 , 000 , 000 each occurrence As an alternative to the above, Contractor may insure the above public liability and property coverages under a plan of self- insurance. The coverages may be provided by the Contractor' s parent corporation. • 13 . 00 BASIS AND METHOD OF PAYMENT 13. 01 Collection and Disposal Rates (a) The rate for collection services required to be performed pursuant to Section 4 . 01 (a) shall be the rate set forth in Exhibit "A" , attached hereto and made a part hereof , subject to ad- justment in accordance with Section 13 . 02 . (b) For collection services required to be per- formed pursuant to Section 4. 01 (b) , the charges shall not exceed the rates set forth in Exhibit "A" , attached hereto and made a part hereof , subject to adjustment in accor- dance with Section 13 . 02. (c) For special collection provided by the Con- tractor pursuant to Section 4 . 01 (c) , the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached , the matter may be submitted to the City for determination of a reasonable fee . - 9 - (d) The Refuse collection charges provided by Sections 13 .01 (a) - (b) shall include all disposal costs . (e) Contractor may , at its option, elect to acquire Bags from a supplier of its choice and attempt to market such Bags ro Residen- tial Units; however, this option in no way interferes with the right of each owner or occupant of a Residential Unit to obtain Bags from another source. 13. 02 Modification to Rates (a) The fees which may be charged by the Contractor for the second and subsequent years of the term hereof shall be adjusted up ward or downward to reflect changes in the cost of operations , as reflected by fluctuat ions in the Consumer Pr ice Index for Urban Wage Earners and Clerical Workers (All Items) and the Consumer Pr ice Index for Urban Wage Earners and Clerical Workers, Expenditures Category ''Gasoline , " both as published by the U. S . Department of Labor , bureau of Labor Stat ist ics. As of the last , month of the first year of the Contract and every twelve (12) months thereaf ter (the "Rate Modification Date ") the fees shall be increa se d or decreased for the ensuing twelve (12) month period• in a percentage amount equal to the net percentage change of the ;All Items Index plus the net percentage change of the Gasoline Index . All percentage changes are to be computed as the difference between the Index value for the first full month prior to the commencement of the Contract and the index value for the Rate Modif icat ion Date divided by the . index value for the first full month prior to the commencement of the Contract . (b) As soon a s possible after a Rate Modif is at ion Date, Contractor sha )1 send to City a compara- tive statement sett ing out for both the All Items Index and the Gasoline Index. ( i) the index value on the first full month prior to the commencement of the Contract;' - 10 - // • ( ii) the index value on the Rate Modifi- cation Date preceding the date of the statement; (iii) the net percentage change; ( iv) the composite percentage change equal to the net percentage change in the All Items Index plus the net percentage change in the Gasoline Index ; and (v) the increase or decrease in the fees which may be charged by the Contrac- • tor . On the next billing date after the receipt of the comparative statement, the City shall pay to the Contractor or the Contractor shall cred it to the City, as the case may be, a lump sum equal to any increase or decrease appl icable to that port ion of the current pe- ✓ iod which has elapsed and, thereafter , the fees charged by the Contractor shall be modi- fied to reflect any change until a different comparative statement . is received by the City . (c) Notwithstanding the above, . if the increase in fees for any twelve (12) month period exceeds e ight percent (87.) , then the City may within ninety (90) days of ter Contracto is Provision of the aforesaid comparative statement showing such increase terminate this Contract ; provi- ded, however , the City may so terminate this Contract effective only upon not less than forty-f it,e ( 45 days prior. written notice to Contractor and the provisions sections of 13 .02 (a) and (b) shall apply unt it the effec- t ive date of termination. (d) In addition to the above, the fees which may be charged by the Contractor hereunder shall be increased to cover increases in dispo sal cost s at the Disposal Site , (e) In addition to the above , the Contractor may pet it ion the City at any time for additional rate and price adjustments at reasonable t imes on the basis of unusual changes in it s cost of operations , such as revised laws, or- d ina nce s o r regulations , changes in location of disposal sites an- increase in the number of Residential Units and for othhr reasons . - 11 - 13. 03 Contractor to Act as Collector - The Contractor shall submit statements to and collect from all Bin Type Commercial and Industrial Units and Residential Units for services provided pursuant to Sect ions 4.01 (b) - (c) . 13.04 Delinquent and Closed Accounts (a) The Contractor shall discontinue Refuse collection service at any Residential or Hand Commercial Unit as set forth in a written notice sent to it by the City . Upon further not .if ication by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day . The City shall indemnify and hold the Contractor harmless from any claims, suits, damages, liabilities or expenses ( including but not limited to expenses of investigation and attorney 's fees) . resulting from the Con- t ractor 's discontinuing service at any loca- tion at the direction of the .City. (b) The Contractor shall have the right to dis- cont inue Refuse collect ion sery ice at anY Commercial and Industr ial Unit del inquent in • its payments. 13 . 05 Co nt ra cto r. Billings to City - The Contractor shall bill the City for service rendered to Residential and Hand Commercial Units within ten (10 ) days following the end of the month and the City shall pay. the Contractor on or before the 15th day follow- ing the end of such month. Such b ill ing and payment shall be based on the price rates and schedules set forth in the Contract Documents. The Contractor shall be ent it led to payment for services rendered to Pesidential. Unit • irrespective of whether or not the City co llects from the customer for such sery ice. 1 4. 00 TRANSFERABILITY OF CONTRACT Other than by operat ion of law, no assignment of the Con- tract or any right accruing under this Contract shall be made in whole or. in part by the Contractor. without the express written consent of the City, which consent shall not be unreasonably withheld ; in the event of any assign- ment, the assignee shall assume the 1 iabil ity of the Con- tractor . - 12 - /� 15 . 00 EXCLUSIVE CONTRACT The Contractor shall have the sole and exclusive fran- ch ise, 1 icense and privilege to prov ide Refuse collection, removal and disposal services within the corporate limits of the City. The Contractor shall at all times have the right of first refusal to the collection of Dead Animals from Residential Units and from Commercial and Industrial Units. 1 6. 00 OWNERSHIP T itle to Refuse and Dead Animals shall pass to the Con- tractor 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. 1 7. 00 3RANCHISE FEE The Contractor shall pay to the City f itteen percent (15%) of all amounts received by the Contractor for Bin Type Commercial and Industr ial Refuse collection and dispo sal sery ices prov ided -pursuant to this Contract . Such payment shall be made to the City on or before the 25th day of each month for amounts rece ived by the Contractor for the performance of services dur ing the immediately preceding month. 18. 00 BOOKS AND RE CORDS The City and the Contractor agree to aka intain at their respect lye places o f bus iness adequate books and records relating to the performance of the it respect ive duties under the provisions of this Contract and such books and re co rds shall be made ava ilable at any time dur ing business hours for .inspect ion_ by the other party , at the inspecting party 's expense, upon reasonable advance notice ; provided, however, the 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 Sections 13 . 02 (d) and (e) . 19. 00 TERMINATION FOR CAUSE • If at any time the Contractor shall fail to substantially perform terms , covenants or conditions herein set forth, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. The aforesaid hear ing shall not be - 13 - /7 held until notice of same has been given to the Contrac- tor by registered or certified mail addressed to the Con- tractor at the address set forth herein, and a period of at least ten ( 10) days has elapsed since the receipt of such notice by Contractor . The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City 's claim that the Contractor has substantially breached the terms and provisions of this Contract . The hearing shall be conducted in public by the City Counsel of the City and the Contractor shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in the afore- • said notice . 2 0. 00 NOTICES Any notice required or permitted to be delivered here- under shall be in writing and shall be deemed to be delivered when deposited in the United States mail , post- age prepaid, certified mail , return receipt requested , addressed to the respective party of the address set forth below: if to the City , at: P. O. Box 428 Wiley; Texas 75098 Attn: City Secretary if to the Contractor, at: P. O. Drawer M East Cleveland Road Hutchins , Texas 75141 Attn: District Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 21 . 00 APPROVAL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the Contractor , the Mayor and the City Secretary of the City. 22 . 00 AMENDMENT All provisions of this Contract shall be strictly compiled with and conformed to by the 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 amend- - 14 - F ment . 23 . 00 FORCE MAJEURE Notwithstanding anything herein to the contrary, the Contractor shall not be liable for the failure to per- form its duties if such failure is caused by a catas- trophe , riot, war , governmental order or regulation, strike, fire, accident , act of God or other similar or different contingency beyond the reasonable control of the Contractor. 24 . 00 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 reformed 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 . 25 . 00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations , representations , understandings and agree- ments, either written or oral , with respect to the subject matter hereof . IN WITNESS WHEREOF, We, the contracting parties , by our duly authorized agents , hereto affix our signatures and seals at , as of this day of , 1987 . CITY OF Wylie , Texas A Municipal Corporation of Collin County, Texas SEAL of the City of By Wylie, Texas Mayor and City Secretary ATTEST : MOORE INDUSTRIAL DISPOSAL , INCORPORATED 2 By 49/ 02 L440Wd4...) 3/( liti /4 PUBLIC HEARING t PROPOSED SANITATION (GARBAGE) RATE CHANGE STATEMENT OF INTENT The City Council of the City of Wylie, Texas will conduct a public hearing on Tuesday, March 17, 1987 at 7:00 P. M. in the Rita & Truett Smith Library at 800 Thomas Street for the purpose of considering BFI-Moore Waste System proposal for an increase in sanitation (garbage) rates. The proposed changes are applicable to all areas and all customers served by BFI-Moore Waste=Systems, the City's authorized sanitation contractor, of Hutchins, Texas. The classes and number of custmers affected are as follows (as of 10/3/86) : Residential - 225 Commercial Hand Collect - 91 Commercial Dumpster - 99 Therefore, notice is hereby given BFI-Moore Waste Systems of Hutchins, Texas (formerly Moore Industrial Disposal) intends to request that its sanitation rate charges for all customers be effective April 1, 1987. This request is based on a rate proposal originally filed in April, 1986 by Moore Industrial Disposal and amended by them in July, 1986 due to City Staff requests for information. The Council will consider the BFI-Moore Waste Systems rate request for a 50% increase in residential rates, a 27% increase in hand commercial, as well as, establishing new categories of service (based on number of bags per week) and corresponding rates for these new categories and an average of 41.5% increase in commercial dumpster rates. The City staff has conducted a Cost Analysis Rate Study by Council authorization based on the contractors records and a test year of operations ending July 31, 1986. This "study" has been forwarded to the Council and contractor for review and consideration and recommends a 34.5% increase in residential rates, a 27% increase in hand commercial and adoption of the new categories proposal and an average of 41.5% increase in commercial dumpster rates. Implementation of the proposed changes is subject to City Council adoption of a revised rate ordinance. A copy of the BFI-Moore Waste System rate request and the "study" of recommendations of the City Staff that details the proposed changes is available at the City Secretary's Office, City Hall, 108 S. Jackson, Wylie, Texas 75098. All interested persons or parties who wish to participate in this public hearing are invited to attend this meeting. Further information can also be obtained from the City of Wylie, Finance Division, City Hall, 108 S. Jackson, Wylie, Texas 75098, call (214) 442-2236 Ext. 212. Carolyn Jones City Secretary Please furnish a publishers affidavit