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
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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,
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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 ,
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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
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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 .
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• 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.
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(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
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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.
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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 :
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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.
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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 .
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(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;'
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( 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 .
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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 .
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/�
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
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/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-
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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