HomeMy WebLinkAboutOrdinances (O-95-0984)-03/21/1995
ORDINANCE 0-95-984
AN ORDINANCE GRANTING A FRANCHISE FOR THE COLLECTION AND DISPOSAL
OF GARBAGE, TRASH AND RECYCLING MATERIALS WITHIN THE CITY OF
COLLEYVILLE AND ESTABLISHING THE TERMS AND CONDITIONS OF SAID
FRANCH ISE.
. WHEREAS, the City Council deems it in the best interest of the City to grant a new
franchise for the collection and disposal of garbage, trash and recycling materials within
! the City upon the terms and conditions contained herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS AS FOLLOWS:
Sec. 1 THAT Laidlaw Waste Systems, Inc., is hereby granted a franchise pursuant
to the terms of the written Franchise Agreement which is attached hereto as
"Exhibit A" and incorporated herein.
AND IT IS SO ORDERED
The first reading and public hearing conducted on the d I~ day
of r;/bru tuy ,1995.
The first reading and public hearing conducted on the
of .Jdflr~l-t ,1995.
The first reading and public hearing conducted on the cJ,J5..1 day
of -.M 11 ( Lk. , 1995.
711
day
ATTEST:
9:::::cl!~
City Secretary
CITY OF COLLEYVILLE
~/d~
~~ei~el
Mayor
APPROVED AS TO FORM AND LEGALITY:
4?i
Ross T. Foster
. City Attorney
EXHIBIT A
SOLID WASTE COLLECTION AND DISPOSAL AGREEMENT
This Solid Waste Collection and Disposal Agreement, ("Agreement"), is entered into
this the 6ii-- day of M 0.. Y
,1995, by and between the CITY OF COLLEYVILLE,
a home-rule municipality located in Tarrant County, Texas, ("City"), and LAIDLAW WASTE
SYSTEMS, INC., a Delaware corporation doing business in Tarrant County, Texas,
("Contractor").
WHEREAS, under the laws of the State of Texas and the Charter of the City, the
City has the authority to grant franchises upon such terms and conditions as it deems are
reasonable; and
WHEREAS, the City desires to provide solid waste collection and disposal services
within the City; and
WHEREAS, the cost of delivering solid waste disposal services to single family
residences, ("Residential Customers"), is different from delivering solid waste collection
and disposal services to commercial enterprises and other generators of solid waste other
than single family residences, ("Commercial Customers"); and
WHEREAS, the Contractor desires to operate a solid waste collection and disposal
service in accordance with the provisions of this Agreement and the ordinances of the City;
NOW, THEREFORE, upon the mutual covenants, conditions and promises
contained herein, the parties hereby agree as follows:
Grant of Franchise/Term
1.1 The City hereby grants to the Contractor a franchise to operate within
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DISPOSAL AGREEMENT - PAGE t
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the limits of the City and utilize the streets and alleys of the City for the purpose of
collecting and disposing of solid waste in accordance with the provisions of this Agreement
and the ordinances of the City, as they may be amended from time to time.
1.2 The franchise granted hereby shall be for a term of five (5) years and
shall begin on -.11o..y 15": ' 1995, and end on f1(lY /4 , 2000,
unless sooner terminated in accordance with the provisions hereof.
Duties of Contractor
Residential Service
2.1 The Contractor shall collect and dispose of solid waste generated by
Residential Customers within the City placed for collection in accordance with the
ordinances of the City as follows:
(a) Solid waste, other than bulky solid waste, Monday and Thursday
between the hours of 7:00 AM. and 6:00 P.M.
(b) Bulky solid waste, Monday and Thursday between the hours of
7:00 AM. and 6:00 P.M., upon not less than 48 hours after notice to the Contractor by the
customer.
(c) Recyclable materials, once per week either Monday or Thursday,
between the hours of 7:00 AM. and 6:00 P.M.
2.2 The Contractor shall deliver to each new Residential Customer within
the City a container dedicated for the collection of recyclable materials. The Contractor
shall replace any lost, stolen, or damaged containers at the Contractor's cost.
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DISPOSAL AGREEMENT - PAGE 2
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Commercial Service
2.3 The Contractor shall collect all solid waste generated by Commercial
Customers within the City placed for collection in accordance with the ordinances of the
City, as follows:
(a) Commercial Customers not utilizing a Contractor furnished
container, two times per week, Monday through Friday between the hours of 6:00 A.M. and
10:00 P.M., with at least three (3) days between each pick-up.
(b) Commercial Customers utilizing Contractor furnished container(s),
as required by the Commercial Customer but not less than once per week, Monday
through Friday between the hours of 6:00 A.M. and 10:00 P.M.
(c) Upon request by the Commercial Customer, the Contractor shall
deliver a container(s) for solid waste storage and collection purposes, which has a suitable
cover( s) to prevent blowing or scattering of refuse and is clearly marked with the
Contractor's name and telephone number in letters of not less than two inches in height.
The container(s) shall be cleaned and maintained by the Contractor so that at all times it
is in good repair, and good appearance, and free of refuse residues as may cause odor
and provide a breeding place for flies and harborage for rodents.
Christmas Tree Recycling Service
2.4 The City shall annually designate a collection site within the corporate
limits of the City for the deposit of Christmas trees by Residential Customers for the period
beginning on the 26th of December of each year and ending on the first Friday following
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DISPOSAL AGREEMENT - PAGE 3
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January 1 st of the next year. The Contractor shall provide sufficient containers for the
disposal of the Christmas trees and shall remove the containers from the site promptly
upon reaching their maximum capacity. The Contractor shall chip the Christmas trees on
or before January 7th of each year, and upon written request of the City, shall make the
chipped mulch available to the City. The Contractor's fee for providing Christmas tree
recycling service is included within the monthly charge made to Residential Customers in
the City, and the Contractor shall receive no additional compensation for the Christmas
tree recycling service.
Holidays
2.5 The Contractor shall observe Thanksgiving Day, Christmas Day, New
Years Day, Memorial Day, Independence Day, and Labor Day by suspension of collection
services on the holiday. In the event that the observation of the holiday is on the normally
scheduled recycling collection day, the Contractor shall collect recyclable materials on the
next collection date for solid waste. No adjustment or reduction in the monthly customer
service charges will be made as a result of holidays.
Promotion, Reporting and Modification of Recycling
2.6.1 The Contractor shall pay monthly to the City the sum of $450.00 as an
educational stipend to be used by the City for marketing the recycling program and
educating the citizens to insure optimum participation. The City may deduct said $450.00
from the amount collected monthly by the City and payable to the Contractor as provided
for in paragraph 3.4 hereof.
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DISPOSAL AGREEMENT - PAGE 4
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2.6.2 The Contractor shall provide the City with a monthly recycling report
within 15 days from the end of the reporting month, which will include summaries of
tonnage of all materials recovered by type of materials, residential participation rates in
terms of weekly and monthly set-out counts with a description of the methods used to
determine the participation rates.
2.6.3 Upon mutual consent of the City and the Contractor other materials
may be added for collection and disposal as recyclable materials, as recyclable markets
for those materials are established.
Service to the Public
2.7 The Contractor shall provide collection and disposal service of solid
waste deposited on City owned or operated property or at such other locations as the City
may designate, including City parks. Upon request by the City, the Contractor shall
provide not less than 10 commercial roll-off containers, twice per year, for special events
as designated by the City, and shall collect and dispose of the solid wastes deposited
therein. The Contractor's fee for providing this public collection service is included within
the fees charged to Residential and Commercial Customers within the City, and the
Contractor shall receive no additional compensation for public collection service.
Contractor's Operation
2.8.1 The Contractor shall perform its duties and shall collect and dispose
of all solid waste as provided for herein in accordance with all city, county, state and
federal laws, regulations and ordinances at the Contractor's expense.
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DISPOSAL AGREEMENT - PAGE 5
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2.8.2 The Contractor shall maintain the appearance and operation of all
vehicles and equipment used within the City in a clean, safe and efficient working condition
throughout the term of this Agreement. All vehicles used by the Contractor for the
collection and transportation of solid waste shall be protected at all times while in transit
to prevent any blowing or scattering of refuse. The Contractor shall wash its vehicles on
the inside and sanitize with a suitable disinfectant and deodorant a minimum of once a
month, or with such frequency as is necessary to avoid the emission of offensive odors.
The Contractor shall wash and paint or re-paint its vehicles as often as necessary to keep
them in a neat and sanitary condition. The Contractor shall mark all vehicles with the
company's name, local telephone number, and a specific vehicle identification number
easily viewed on the side and rear of the vehicle from 50 feet away.
2.8.3 The Contractor shall submit to the City for approval a designation of
the residential collection routes necessary to fulfill its obligations under this Agreement,
and upon approval shall utilize those collection routes in performing its obligations under
this Agreement. The Contractor shall submit any proposed changes in the residential
collection routes to the City for approval.
2.8.4 The Contractor shall clean and remove all spillage from its collection
activities. All spillage observed by the Contractor but not resulting from its collection
activities shall be promptly reported to the City.
2.8.5 All field employees of the Contractor shall wear uniforms identifying
them as employees of the Contractor. Employees driving the Contractor's vehicles shall
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DISPOSAL AGREEMENT - PAGE 6
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do so lawfully and in accordance with the laws of the State of Texas. The Contractor shall
prohibit the drinking of alcoholic beverages or the use of controlled substances by
employees while on duty or in the course of performing the Contractor's obligations under
this Agreement.
Contractor's Duty to Perform
to the Satisfaction of the City
2.9 All of the Contractor's duties under this Agreement shall be performed
to the satisfaction of the City, as determined by the City Manager in his sole discretion.
Any dispute concerning the performance of the Contractor of its duties under this
Agreement shall be called to the attention of the City Manager and the City Manager shall
make a determination, in his sole discretion, in the exercise of good faith, as to whether
the Contractor has complied to the satisfaction of the City with its obligations under the
provisions of this Agreement.
Notice of Non-Collection
2.10 In the event the Contractor refrains from collecting all or a portion of the
solid waste from a Residential or a Commercial Customer, as a result of the Contractor's
determination that the solid waste has not been properly placed for collection or the owner
occupant is otherwise in violation of the ordinances of the City which excuses the
Contractor's performance, the Contractor shall notify the City and the customer in writing
within 24 hours of the reason for non-collection.
Local Office
2.11 The Contractor shall maintain an office which Residential and
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DISPOSAL AGREEMENT - PAGE 7
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Commercial Customers within the City may contract through the local telephone exchange.
The Contractor will equip such office with adequate personnel and equipment necessary
to respond to customer inquiries between 8:00 AM. and 6:00 P.M., Monday through
Friday, and 8:00 AM. through 12:00 P.M., on Saturday. All inquiries or complaints
received by the Contractor will either be corrected or a written response forwarded to the
customer within 24 hours. The Contractor shall keep a complaint log, which shall include
the name, address, telephone number, type of complaint, time and date, solution and
response time and date of response, in a format approved by the City. The City may
review said complaint log at any time during the normal business hours of the Contractor.
The Contractor shall maintain a current listing in the yellow pages identifying the
Contractor and the local telephone number and address of its office, in a telephone book
distributed free of charge to Residential and Commercial Customers within the City.
Fees and Collection
3.1 The Contractor shall charge only such fees for the services provided
pursuant to the provisions of this Agreement as are approved and may in the future be
approved by the City from time to time. No modifications in the Contractor's fees or rates
shall be effective or shall be implemented until approved by the City Council of the City.
3.2 The Contractor is hereby authorized to charge the following for the
services provided pursuant to this Agreement.
(a) Residential:
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DISPOSAL AGREEMENT - PAGE 8
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(1) $7.13 per month per Residential Customer for twice a week
collection other than recyclable materials.
(2) $1.61 per month per Residential Customer for once a week
c.ollection of recyclable materials.
(b) Commercial: The monthly charge for Commercial Customers is
set forth in attachment "A" hereto which is incorporated into this Agreement for all
purposes.
3.3 The Contractor may, after the first anniversary date of the execution of
this Agreement, submit a request in writing for a fee adjustment to the City. The Contractor
shall furnish such information as requested by the City for consideration of the requested
fee adjustment. The City Council may approve or disapprove such request for a fee
adjustment, having due regard for such factors as the City may deem relevant.
3.4 The City shall include in its regular monthly billing to Residential
Customers for City supplied services, the charge of the Contractor for residential
collection, and shall collect said amounts from the Residential Customer. The City shall
pay to the Contractor an amount equal to the approved monthly Residential Customer
service charge, multiplied by the number of customers billed by the City, less any franchise
fee or other charge or deduction authorized by this Agreement, within 15 working days of
the end of the month billed. In addition, the City shall include in said billing all appropriate
sales tax on the services of the Contractor and shall remit same to the State Comptroller's
Office as collected. The City shall retain a franchise fee of 7% of the amount billed for
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DISPOSAL AGREEMENT - PAGE 9
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monthly Residential Customer service charges, excluding sales tax, as a franchise fee,
3.5 The Contractor shall bill all Commercial Customers on a monthly basis
and shall remit to the City within 15 working days of the end of the month billed a sum
equal to 71/2% of the total amount billed to Commercial Customers, less applicable sales
tax, as a franchise fee, and the Contractor hereby agrees to pay and assigns unto the City
7 1/2% of the monthly commercial customer service charge as a franchise fee.
Insurance and Indemnification
4.1 The Contractor shall maintain at all times during the term of this
Agreement, the following types and amounts of insurance coverage with an insurance
company authorized to do business in the State of Texas and approved by the City with
the City named as a co-insured on the policy:
(a) Commercial general liability insurance at a minimum combined
single limit of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate for
bodily injury and property damage.
(b) Commercial automobile liability insurance at minimum combined
single limit of $1,000,000.00 per occurrence for non-owned and hired coverage.
(c) Worker's compensation insurance at statutory limits, including
employer's liability coverage at minimum limit of $500,000.00 per occurrence - each
accident, $500,000.00 per occurrence - disease, and $500,000.00 aggregate - disease.
(d) Excess umbrella liability insurance at minimum combined limits
of $2,000,000.00 per occurrence.
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DISPOSAL AGREEMENT - PAGE 10
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4.2 The Contractor shall deliver copies of the policies with all endorsements
to the City; the policies shall provide that no modification, alteration, change or
cancellation of the policy shall occur except upon 30 days written notice to the City.
4.3 The Contractor shall hold the City harmless and indemnify the City, its
officers, agents, servants and employees from and against any and all claims or suits for
damage or loss of whatsoever kind or character, whether real or asserted, arising out of
or in connection with this Agreement or the performance thereof, whether or not
occasioned by the acts of omission or commission of the Contractor, its agents, officers,
servants and employees. It is the intention of the Contractor and the City for the
Contractor to indemnify the City from its own negligent acts, whether or not said acts are
combined with or free from the negligence of the Contractor's agents, servants and
employees.
Contractor Independent
5. The Contractor is and shall remain in all respects independent from the
City as to the work, licenses or privileges granted in this Agreement. The Contractor's
employees, officers, and agents shall at no time be allowed to identify themselves or in any
way represent themselves as being employees or agents of the City. The Contractor shall
be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, sub-contractors and licensees.
The doctrine of
respondeat/superior shall not apply between the City and the Contractor and nothing
herein shall be construed as creating a partnership or joint enterprise between the City and
SOLID WASTE COIJECTION AND
DISPOSAL AGREEMENT - PAGE 11
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the Contractor.
Performance Bond
6. Coincident with the execution of this Agreement, the Contractor shall
provide to the City a performance bond in the penal sum of $45,000.00, executed by a
good and sufficient corporate surety, approved by the City and conditioned that the
Contractor shall well, truly and faithfully perform its obligations under this Agreement and
shall satisfy all claims and demands of any kind incurred under the Agreement, including,
but not limited to, the payment of all amounts owed by the Contractor to the City, and the
Contractor shall fully indemnify and save harmless the City from all costs and damages
which it may suffer by reason of the failure to do so, and shall reimburse and repay the
City all outlay and expense which the City may incur in making good any default, then the
obligation shall be void; otherwise, to remain in full force and effect. The performance
bond shall be in a form acceptable to the City.
Default by Contractor/Remedies and Termination
7.1 On the failure of the Contractor to observe or comply with any promise,
covenant or condition of this Agreement, ("Contractor's Default"), the City, at its sole
discretion, may take one or more of the following actions:
(a) cure the Contractor's Default,
(b) contract with other parties to cure the Contractor's Default,
(c) notify the Contractor and demand the Contractor's default be
cured,
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DISPOSAL AGREEMENT - PAGE 12
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(d) pursue any remedy available at law or in equity.
7.2 In the event the City elects to cure the Contractor's Default, then the
Contractor shall immediately pay to the City the reasonable value of the work necessary
to cure the Contractor's Default. The City may withhold from the monthly Residential
Customer service fees an amount necessary to satisfy the Contractor's obligation.
7.3 In the event the City elects to contract with other parties to cure the
Contractor's Default, then the Contractor shall immediately pay to the City the cost incurred
by the City in having the Contractor's Default cured. The City may withhold from the
monthly Residential Service fees payable to the Contractor hereunder, an amount
necessary to satisfy the Contractor's obligation.
7.4 In the event the City notifies the Contractor and demands the
Contractor's Default be cured, the Contractor shall cure said default within 10 days of
notice. In the event the Contractor fails to cure the default within said 10 day period, then
the City may terminate this Agreement and the grant of franchise to the Contractor. Any
termination shall not relieve either the Contractor or the City from any obligations under
the Agreement which accrued prior to its termination.
Assignment
8. The grant of franchise to the Contractor and the Contractor's rights under
the Agreement are not assignable, either directly or indirectly, without the prior written
consent of the City.
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DISPOSAL AGREEMENT - PAGE 13
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Miscellaneous Provisions
9.1 All demands, notices or others communications allowed or required
hereunder shall be in writing and shall be deemed given when delivered in person or
deposited in a receptacle for the United States Postal Service, postage prepaid, registered
or certified, return receipt requested, addressed to the parties as follows:
City of Colleyville
P.O. Box 185
Colleyville, Texas 76034
Laidlaw Waste Systems, Inc.
6100 Elliott Reeder Road
Fort Worth, Texas 76117-6187
Attn: Division Manager
9.2 This Agreement shall be binding upon and for the sole benefit of the
parties hereto and their respective heirs, successors and assigns and not for the benefit
of any third-party.
9.3 This Agreement may not be changed orally, but only by an agreement
in writing signed by the parties. No act, delay, omission, course of dealing between the
Parties will be a waiver of any rights or remedies under this Agreement. Any waiver of any
right, remedy or requirement under the terms hereof on any occasion will not be a bar or
constitute a waiver of the exercise of the same or other right or remedy on subsequent
occasions.
9.4 This Agreement shall be governed by and be interpreted in accordance
with the laws of the State of Texas.
9.5 If any provision of this Agreement shall for any reason be held to be
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DISPOSAL AGREEMENT - PAGE 14
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ATTACHMENT A
Rates quoted do not include the state sales tax.
COMMERCIAL SERVICE CHARGES:
To provide commercial hand-load service.
CHARGES:
Number of BaQs Number of Weekly
Collections
Contractor
Monthly
Compensation
9.93
14.90
1 - 6
1 - 6
1
2
To provide commercial front-load service by size and number of pickups per week as
stated below, at a cost stated per month.
CHARGES:
Size 1x 2x 3x 4x 5x 6x extra
2yd 38.92 61.62 84.32 107.03 128.65 151.35 19.46
3yd 48.64 81.08 114.59 147.03 180.54 212.97 23.78
4yd 59.46 98.38 138.38 177.30 217.30 256.22 28.11
6yd 81.08 131 .89 183.78 236.76 289.73 341.62 32.43
8yd 102.70 168.65 234.59 299.46 365.40 431 .35 37.84
To provide commercial roll-off service by size and number of pickups for temporary roll-off
as stated below, at a cost stated per month.
CHARGES:
Size
20yd
Delivery
70.27
Rental
3.24/day
Haul
112.43+disposal
Deposit
270.00
25yd
70.27
3.24/day
112.43+disposal
270.00
30yd
70.27
3.24/day
112.43+disposal
270.00
35yd
40yd
70.27
3.24/day
3.24/day
112.43+disposal
270.00
70.27
112.43+disposal
270.00
To provide casters and locks.
CHARGE: $ 5.40 PER CASTER, PER MONTH.
$ 1.08 PER LOCK, PER LIFT.
16
invalid or unenforceable, such invalidity or unenforceability shall not affect any other
provision hereof, and this Agreement shall be construed as if such invalid or unenforceable
provision have never been contained herein.
9.6 This Agreement may be executed in any number of counterparts and
each such counterpart shall be deemed an original.
EXECUTED on the date first above written.
CITY OF COLLEYVILLE
Attest:
By: ~~diJf
Its: Mo..~ 0 r-
Q~~
LAIDLAW WASTE SYSTEMS, INC.
I
By 01;}"- B.L/>iJ/tlL.);.'
, Mike Sragagnoro /
Its: Executive Vice President
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DISPOSAl. AGREEMENT - PAGE 15
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