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HomeMy WebLinkAboutOrdinances (O-91-824)-06/04/1991 1 .O~ql I' Lfl I.,J/.~~f / ~lvo 2 3 4 ORDINANCE 0-91-824 5 DISPOSAL CITY OF OF SAID 6 AN ORDINANCE GRANTING A FRANCHISE FOR THE COLLECTION AND OF ALL RESIDENTIAL RECYCLABLE MATERIALS WITHIN THE COLLEYVILLE AND ESTABLISHING THE TERMS AND CONDITIONS FRANCHISE. 7 WHEREAS, the City Council deems it in the best interest of the City to grant a franchise for the collection and disposal of recyclable materials within the City upon the terms and conditions contained herein; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 COLLEYVILLE, TEXAS, AS FOLLOWS: 11 Sec. 1 THAT Laidlaw Waste Systems, granted a franchise pursuant Franchise Agreement which is An and incorporated herein. (Sunbelt) Inc., is hereby to the terms of the written attached hereto as "Exhibit 12 13 AND IT IS SO ORDERED t? The fir~eading and public hearing being conducted on the ~ day of ':LlJ~ ' 1991. The second'1feading and pUblic hearing being conducted on the ~/ day of (jf~ 1991. The .;t,Qj2rd readin~d public hearing being conducted on the ~ day of ~ 1991. APPROVED: 14 15 16 17 18 19 ~~ CITY OF COLLEYVILLE 20 aVada Johnso ci t.y Secretary Mayor 21 22 24 7~ED AS ~ I Foster City Attorney F RM AND LEGALITY: 23 25 26 AGREEMENT This Agreement is made and entered into this day of , 1991, by and between the CITY OF COLLEYVILLE, TEXAS, a municipal corporation of Tarrant County, Texas (hereafter referred to as "CITY"), and LAIDLAW WASTE SYSTEMS (SUNBELT) INC., a Delaware Corporation authorized to do business in the State of Texas (herein after referred to as "CONTRACTOR"). WHEREAS, the City, after investigation, believes that the public need, convenience and necessity can best be served by the designation of one CONTRACTOR to serve as the franchisee for the ci ty in the Collection and disposal of residential recyclable materials within the City. NOW, THEREFORE, for and in consideration of the agreements hereinafter contained and stated, it is understood and agreed by the parties hereto as follows: 1. Grant: 2. Term: mutual hereby CITY hereby grants to CONTRACTOR a contract and franchise to engage in the business of collection and disposal of all residential recyclable materials within the corporate limits of the CITY and, further, hereby grants to CONTRACTOR a license and permit to use the public streets, alleys, easements and thoroughfares within the limits of the CITY for said business purpose during the term of this agreement. The term of this agreement shall be for a period of three (3) years beginning July 1, 1991 and terminating July 1, 1994, subject to the limitations, terms and conditions hereafter specified and set forth in this agreement. The terms as set forth in this agreement may be extended for an additional three (3) year time period, upon mutual consent of both parties. 3. Definitions: Recyclable Materials to be collected by the CONTRACTOR shall include: A. Newspapers: Newspaper only. No magazines, mail, paper bags or other paper. B. Glass bottles and jars: No mirrors, windows, ceramics, etc. 1 C. Cans: Beverage, food, beer, soft drink cans composed of tin, steel, and aluminum. No scrap metal. D. Bottles: High-density polyethylene, HDPE (milk and detergent bottles, base cups on soft drink containers), Polyethylene terephthalate, PET (primarily soft drink containers), bottles. Bottles in this category would include two and three liter soft drink, milk, juice, water, shampoo, liquid soap, etc. The CITY shall reserve the right to include additional materials, such as magazines, cardboard and other materials as such markets become available. Additionally, the CONTRACTOR shall agree to add yard waste recycling and office paper recycling as markets become available. The CONTRACTOR shall reserve the right to renegotiate the fee should the CITY decide to include additional materials. containers: CONTRACTOR shall provide for each residential customer a container, for which shall be dedicated for the collection of recyclable materials. Such container and a brochure explaining container usage, as well as other pertinent information shall be deli vered to each residential customer by the CONTRACTOR no later than seven (7) days prior to the commencement of the curbside recycling program. The CONTRACTOR shall charge a replacement fee of $5.00 for any residential customer initially provided a recycling container, which is lost, stolen or destroyed. The residential customer shall not be responsible for any containers damaged or destroyed by the CONTRACTOR. Curbside service: The collection by the CONTRACTOR of recyclable materials which will be located at the curbside of the street bearing the customer's address. 4. Duties and Obliaations of Contractor: It shall be the duty of and obligation of the CONTRACTOR to perform the following services: A. CONTRACTOR shall furnish trucks, equipment, 2 machinery, tools and labor at its own expense, to adequately, dispose of within the systematic, manner. efficiently and properly collect and recyclable materials from premises corporate limits of the CITY in a clean, healthful, sanitary and timely B. All vehicles used by the CONTRACTOR for the collection and transportation of recyclable materials shall be kept in good repair and shall be protected at all times while in transit to prevent leakage and the blowing and scattering of recyclable materials onto the public streets of CITY or adjacent properties. Further, such vehicles shall be clearly marked with the CONTRACTOR's name in letters not less than four (4) inches in height and shall be individually numbered. C. CONTRACTOR shall establish daily routes and special schedules for the collection of recyclable materials as necessary to fulfill the requirements of this agreement. D. CONTRACTOR shall make one (1) collection for recyclable materials each week for each residential customer with collection being 7:00 a.m. to completion. The recycling collection will be in addition to the regular twice weekly garbage collection performed by another CONTRACTOR. E. CONTRACTOR shall maintain, at its own expense, an office within Tarrant County from 8:00 a.m. to 5:00 p.m. for the purpose of handling complaints and other calls regarding the services provided by the CONTRACTOR. A daily log of service calls, complaints, inquiries and the action taken thereon, shall be maintained by the CONTRACTOR. F. CONTRACTOR shall expend a minimum of $20,000 for the three (3) year term of this agreement to develop and implement a comprehensive marketinq and education program to ensure optimum participation in the program. CONTRACTOR'S proposed plan shall be submitted to the city no later than fifteen (15) days prior to initial implementation and sixty (60) days annually thereafter. G. CONTRACTOR shall assume all risk of loss or injury to property or persons arising from any of its 3 operations under this agreement, and shall indemnify and hold harmless the CITY from all claims, demands, suits, judgments, costs or expenses arising from any such loss or injury includina without limitation attorney fees and cost of defense. It is expressly understood that the foregoing provisions shall not in any way limit the liability of CONTRACTOR. CONTRACTOR shall carry: 1) Worker's compensation Insurance covering all employees or the CONTRACTOR engaged in any operation covered by the agreement as required by the state of Texas; 2) Liability Insurance consisting of $1,000,000 single limit, bodily injury and property damage combined and General Liability consisting of $1,000,000 single limit, bodily injury and property damage combined. Such policies of insurance shall name the City of Colleyville as an additional insured. All policy limits covered by this agreement shall be reviewed on one (1) year intervals. 5 . Charaes : A. The total initial curbside residential recycling monthly customer service charge shall be a $1.88 including sales tax. The CONTRACTOR and the CITY agree that the amount to be remitted to the CONTRACTOR shall be $1.75 per residential customer. B. The CITY and the CONTRACTOR aaree that the total initial curbside residential recvclina monthly customer service charae shall be $1.88. includina sales tax. The CONTRACTOR and the CITY aaree that the amount to be remitted to the CONTRACTOR shall be $1. 75 per residential customer. The CITY shall retain and shall be responsible for remitting sales tax amount due to the state. C. CONTRACTOR shall RSY to the CITY, no later than the last day of each month, fifty (50) percent of all funds paid to the CONTRACTOR for the sale of recyclable materials collected by the CONTRACTOR in the CITY for the previous month. Payment to the CITY shall be accompanied by a detailed monthly report indicating the tonnage marketed subdivided by categories of materials, the unit price received by the contractor for each category, total revenue for each 4 category, the identification of the buyer, and the City's share. The CONTRACTOR shall also provide to the CITY monthly and in an annual report a summary of participation rates identified by neighborhoods and the amounts of recovered materials, a summary of the public awareness acti vi ties and communi ty education program including an analysis of their impact on participation and recovered materials and a summary of successful experiences, as well as any problems encountered and measures taken to resolve problems. 6. Spillage: CONTRACTOR shall clean-up and collect residential recyclable materials, including materials which were spilled or otherwise scattered from the CONTRACTOR'S operation. 7. Non-Collection Should a dispute arise between the CITY, CONTRACTOR, and/or a customer as to whether the CONTRACTOR actually failed to make a collection (whether CONTRACTOR missed a pickup) the decision of the CITY'S City Manager shall be final and the CITY and CONTRACTOR agree to abide by said decision. However, it is understood and agreed by and between CITY and CONTRACTOR that if any customer fails to timely place recycling containers out or maintain improper or inadequate containers for the recyclable materials, CONTRACTOR may refrain from collection of all or a portion of such non-collection. CONTRACTOR shall also provide notice to the customer of the reason for such non-collection (unless such non-collection is the result of the customer's failure to timely place the container out for COllection.) CONTRACTOR'S notice to the customer shall be in writing, attached to the container or the front door of the residence, and shall indicate the nature of the violation and the correction required in order that such recyclable materials may be collected at the next regular collection date. When CITY is notified by a customer that a recyclable material has not been removed from his premises on the scheduled collection day and where no notice of non-collection nor a change in collection schedule has been received from CONTRACTOR, CITY shall investigate. If the investigation discloses that CONTRACTOR has failed to collect recyclable materials from the subject premises without a cause, CONTRACTOR shall collect same within twelve (12) hours after a collection order is issued by the CITY, at no additional charge. 8. Revocation: 5 In the event of an alleged breach by CONTRACTOR of any of the terms, covenants, or conditions herein contained, CITY shall notify CONTRACTOR of such alleged breach and if same is not cured within five (5) days from such notice, CITY may, upon determination (at a hearing described herein) that a breach has occurred, cancel and revoke this agreement. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to the CONTRACTOR and the address shown on the records of the CITY, and a period of at least ten (10) days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the alleged reasons for revocation or cancellation of the agreement. The hearing shall be conducted in public by the City of Colleyville City council, and the CONTRACTOR shall be allowed to be present and shall be given full opportunity to answer such charges and allegations as are set out against it in the notice. If, after the hearing is concluded, the city Council shall determine that a breach of the terms, covenants, or conditions of this agreement, as set forth in the notice, has occurred, it may revoke and cancel this agreement and the same shall be null and void. This franchise may, at the option of the CITY, be terminated in the event of bankruptcy, receivership, or assignment for the benefit of creditors by the CONTRACTOR. 9. Investiqation and Public Hearinqs: The City Council shall have full power to examine or to cause to be examined at any time, and at all times the books, papers and records of the CONTRACTOR, with relation to the operation of the recyclable material collection system within the CITY. In this connection, the CITY shall have the right, through its council, to take testimony and to compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. If CONTRACTOR or any officer or agent or employee of CONTRACTOR refuses to give testimony before said Council, Council shall have the power by ordinance to declare this franchise in default and terminate it. 10. Records: CITY shall have access at all reasonable hours to all CONTRACTOR'S records, customer service cards and all papers relating to the recycling collection operation of said CONTRACTOR with the CITY. 11. Interruption in Service: In the event the collection and disposal of recyclable 6 materials should be interrupted for any reason for more than seventy-two (72) hours, CITY shall have the right to make temporary independent arrangements for the purpose of continuing this service to its residents in order to provide and protect the public health and safety. The cost of these temporary independent arrangements will be paid for by the CONTRACTOR. If the interruption in service mentioned in the above paragraph continues for a period of seventy-two (72) hours, and is not caused by a catastrophe, riot, war, governmental disorder or regulation, strike, fire act of God, accident, changes in laws, statutes, regulations or ordinances of other similar or different contingency beyond the reasonable control of the CONTRACTOR, then the City shall have the right to terminate the rights and privileges granted in this franchise. 12. Miscellaneous A. This agreement and any and all rights and obligation of CONTRACTOR hereunder may be assigned by CONTRACTOR to any parent company, or any subsidiary thereof or a subsidiary of the CONTRACTOR without the consent of the CITY, but may be assigned to any other third party only with the prior written consent of the Colleyville City Council. B. CONTRACTOR and the CITY agree that the City Manager will be responsible for the disposition of any dispute between a customer and the CONTRACTOR. The city Manager may designate a CITY employee to act as an enforcement officer hereunder and to act as a liaison between CITY and CONTRACTOR. C. CITY, CONTRACTOR and customer shall comply with all rules and regulation of the Texas Department of Health, Texas Water Quality Board, and the Environmental Protection Agency. CONTRACTOR further agrees to comply with all existing and hereafter enacted state and applicable federal laws, regulating the collection and disposal of recyclable materials. Upon enactment of new state and applicable federal laws regulating the collection and disposal of recyclable materials which increase the cost to the CONTRACTOR, the parties shall agree to reassess the specified fee. D. CITY agrees to pass such ordinances as are necessary to effectuate all terms of this agreement including all duties and obligations required of residential customers. E. This agreement may be executed in any number of 7 0- i)-Ed If counterparts, each of which will for all purposes be deemed to be an original, an all of which are identical. F. CITY and CONTRACTOR agree that the following days shall be recognized as holidays, and service will not be required on those days: New Year's Day Thanksgiving Day Independence Day Christmas Day Holidays falling on Saturday will be observed the preceding Friday unless saturday is a scheduled collection day. Holidays falling on Sunday will be observed on the following Monday. When a collection day is missed due to the holiday schedule, CONTRACTOR will collect all recyclable materials on the next scheduled service date. No adjustment or reduction in monthly customer service charges will be made as a result of the non-collection on holidays. G. If any provision or portion of this agreement is for any reason unenforceable, inapplicable or invalidated, then such provision or portion shall be reformed in accordance with applicable laws. The invalidity, inapplicability or unenforceability of any provision or portion of this agreement shall not affect the validity, applicability or enforceabili ty of the other provisions or portions of this agreement. LAIDLAW WASTE SYSTEMS, (SUNBELT) INC. By: Chester C. Jackson, Vice-President CITY OF COLLEYVILLE BY:~~~~ C r1S awk n, ayo 8