18-74 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 18-74
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, HEREBY ENTERING INTO AN EXCLUSIVE FRANCHISE
AGREEMENT WITH COMMUNITY WASTE DISPOSAL, L.P. FOR THE
COLLECTION, HAULING, RECYCLING AND DISPOSAL OF MUNICIPAL
SOLID WASTE, CONSTRUCTION AND DEMOLITION WASTE AND
RECYCLABLE MATERIALS IN THE TOWN OF PROSPER, TEXAS, AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SAME.
WHEREAS, the Town of Prosper ("Town") requested proposals from qualified service
providers for the collection, hauling, recycling, and disposal of municipal solid waste,
construction and demolition waste, and recyclable materials in the Town; and
WHEREAS, after review of responses by Town staff, on or about August 28, 2018, the
Town Council authorized Town staff to negotiate an exclusive franchise agreement with
Community Waste Disposal, L.P. for the collection, hauling, recycling, and disposal of municipal
solid waste, construction and demolition waste, and recyclable materials in the Town; and
WHEREAS, the exclusive franchise agreement will become effective on February 1,
2019, with an initial term of five (5) years with five (5) optional one-year renewals.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town of Prosper, Texas, hereby grants to Community Waste Disposal, L.P. an
Exclusive Franchise Agreement for the Collection, Hauling, Recycling and Disposal of Municipal
Solid Waste, Construction and Demolition Waste, and Recyclable Materials in the Town of
Prosper, Texas ("Agreement"), effective February 1, 2019, said Agreement incorporated by
reference and attached hereto.
SECTION 3
The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on
behalf of the Town Council of the Town of Prosper, Texas, the Agreement attached hereto.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, THIS 11TH DAY OF SEPTEMBER, 2018.
Ray Srniith, yar
ATTEST: OF tp irr
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Robyn Battle, To Secretary ,tr
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APPROVED AS TO FORM AND LEGALITY: '� '•. ee
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Terrence S. Welch, Town Attorney
Resolution No. 18-74, Page 2
Attachment 2
EXCLUSIVE FRANCHISE AGREEMENT
FOR THE COLLECTION, HAULING, RECYCLING AND DISPOSAL OF MUNICIPAL SOLID
WASTE, CONSTRUCTION AND DEMOLITION WASTE,AND RECYCLABLE MATERIALS
IN THE TOWN OF PROSPER, TEXAS
STATE OF TEXAS }
COUNTY OF COLLIN )
THIS EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION,
HAULING, RECYCLING AND DISPOSAL OF MUNICIPAL SOLID WASTE,
CONSTRUCTION AND DEMOLITION WASTE, AND RECYCLABLE MATERIALS IN
THE TOWN OF PROSPER, TEXAS ("Agreement") is made and entered into as of
February 1, 2019, by and between Community Waste Disposal, L.P. (the "Service
Provider'), and the Town of Prosper, Texas (the "Town").
WHEREAS, the Town, subject to the terms and conditions set forth herein, and
the ordinances and regulations of the Town, desires to grant to the Service Provider the
exclusive franchise, license, and privilege to collect, haul and recycle, or dispose of
Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials
(as such terms are defined herein) within the Town's corporate limits.
NOW, THEREFORE, in consideration of the premises and the mutual promises,
covenants and agreements set forth herein, the Service Provider and the Town hereby
agree as follows:
SECTION 1. DEFINED TERMS
The following terms, as used herein, will be defined as follows;
Bulky Item: Any item not measuring in excess of either forty-eight inches (48") in
length, or fifty (50) pounds in weight, including but not limited to refrigerators, stoves,
washing machines, water tanks, chairs, couches, and other similar household items.
This does not include Dead Animals, Hazardous Waste, or Stable Matter with weights or
volumes greater than those allowed for Bins or Polycarts,as the case may be. No more
than 4 cubic yards per service day.
Bundles: Items not measuring in excess of either forty-eight inches (48") in length, or
fifty (50) pounds in weight, and which are securely fastened together, including but not
limited to brush, newspapers, and tree trimmings.
Business Day: Any day that is not a Saturday, a Sunday, or holiday as defined in this
Agreement.
Commercial Cart Collect Unit: A small, Commercial Unit that utilizes Poly -Carts for the
collection of its Municipal Solid Waste, and generates no more than 95 gallons per
1
Resolution No. 18-74, Page 3
Attachment 2
container of Municipal Solid Waste per week.
Commercial/Industrial Unit: All premises, locations or entities, public or private,
requiring Refuse collection within the corporate limits of the Town of Prosper, not a
Residential Unit.
Construction and Demolition Waste: Solid Waste resulting from construction or
demolition activities, or that is directly or indirectly the by-product of such activities,
including but not limited to cartons, concrete, excelsior, gypsum board, metal, paper,
plastic, rubber, and wood products. Construction and Demolition Waste does not
include Hazardous Waste, Municipal Solid Waste, Recyclable Materials, or Bulky Items.
Container: Any receptacle, including but not limited to dumpsters, Roll -Offs and Poly -
Carts provided to the Town by the Service Provider, and utilized by a Commercial,
Industrial or Residential Unit for collecting Municipal Solid Waste, Construction and
Demolition Waste, or Recyclable Materials. Containers are designed to hold between
thirty (30) gallons and forty (40) cubic yards of Solid Waste.
Hazardous Waste: Waste, in any amount, which is defined, characterized or designated
as hazardous by the United States Environmental Protection Agency or appropriate
State agency by or pursuant to Federal or State law, or waste, in any amount, which is
regulated under Federal or State law. For purposes of this Contract, the term Hazardous
Waste shall also include motor oil,
gasoline, paint and paint cans.
Handicapped Residential Unit: Any residential dwelling that is inhabited by persons,
all of whom are physically handicapped to the extent that they are unable to place
Municipal Solid Waste or Recyclable Materials at the curbside, and that generates and
accumulates Municipal Solid Waste and Recyclable Materials. The identities of the
members of a Handicapped Residential Unit shall be certified by the Town, and agreed
to by the Service Provider.
Holidays: The following days shall be holidays for purposes of this Agreement
1)
New Year's Day (January 1st)
2)
Memorial Day
3)
Independence Day (July 4th)
4)
Labor Day
5)
Thanksgiving Day
6)
Christmas Day (December 25th)
Landfill: Any facility or area of land receiving Municipal Solid Waste or Construction and
Demolition Waste, and operating under the regulation and authority of the Texas
Commission on Environmental Quality ("TCEQ") within the State of Texas, or the
appropriate governing agency for landfills located outside the State of Texas.
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Resolution No. 18-74, Page 4
Attachment 2
Multi -Family Residential Unit: Any residential dwelling that is designed for, and
inhabited by multiple family units, and that generates and accumulates Municipal Solid
Waste and Recyclable Materials.
Municipa4 Solid Waste: Solid Waste resulting from, or incidental to municipal,
community, commercial, institutional, or recreational activities, or manufacturing, mining,
or agricultural operations. Municipal Solid Waste does not include Construction and
Demolition Waste, or Hazardous Waste.
Recyclable Materials: The following are acceptable Recyclable Materials for purposes
of this Agreement:
1) newspapers, magazines, catalogs, and other paper items such as mail,
paper bags, or other paper;
2) glass bottles and jars (excluding mirrors, windows, ceramics, and other
glass products);
3) metal cans composed of tin, steel, or aluminum (excluding scrap metal);
4) Plastic containers including all varieties of the types designated as #1, #2,
#3, #4, #5, and #7;
5) cardboard and boxboard (thin cardboard such as cereal boxes, shoe boxes,
and soda cartons); and
6) yard waste recyclable materials as outlined in this Agreement.
Rec_ucling Container: A Container with ninety (95) gallons of capacity, and provided by
the Service Provider for the collection of Recyclable Materials.
Residential Unit: A dwelling within the corporate limits of the Town 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 residential dwelling, whether of single or multi-level
construction, consisting of four or less 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.
Roll -Off: A Container with twenty (20) cubic yards to forty (40) cubic yards of capacity.
Poly -Cart: A Container with ninety-five (95) gallons of capacity and provided by the
Service Provider for the collection of Solid Waste.
Single -Family Residential Unit: Any residential dwelling that is designed for, and
inhabited by a single person or family unit, and that generates and accumulates
Municipal Solid Waste and Recyclable Materials.
Solid Waste: As defined by the EPA under 40 C.F.R. § 261.2(a)(1), or by the State of
Texas under the Solid Waste Disposal Act [Texas Health & Safety Code § 361.003(34),
as amended] whether such waste is mixed with or constitutes Recyclable Materials.
3
Resolution No. 18-74, Page 5
Attachment 2
White Good: Any item not measuring in excess of either three (3) cubic feet in size, or
fifty (50) pounds in weight, and that is manufactured primarily from metal, including but
not limited to a bathtub, heater, hot water heater, refrigerator, sink, or washer and dryer.
Yard Waste: Decomposable plant materials, including brush, leaves, grass, weeds and
other vegetation.
SECTION 2. GRANT OF EXCLUSIVE FRANCHISE
The Town hereby grants to the Service Provider, in accordance with the Town's
ordinances and regulations governing the collection, hauling, recycling and disposal of
Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials,
an exclusive franchise, license, and privilege to collect, haul, and recycle or dispose of
Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials
over, upon, along, and across the Town's present and future streets, alleys, bridges and
public properties; provided, however, the franchise granted herein does not apply to
Construction and Demolition Waste removed in accordance with Section 7.D., hereof. In
order to maintain the franchise in favor of the Service Provider contained herein, the
Town agrees to take reasonable action against any company, customer, or third party
infringing upon the rights of the Service Provider. The Town hereby grants subrogation
rights to the Service Provider who may take any and all appropriate legal action against
any third party infringing on the Service Provider's franchise rights, and the Service
Provider shall be entitled to any and all actual and consequential damages.
SECTION 3. OPERATIONS
A. Scope of Operations. It is expressly understood and agreed that the Service
Provider will collect, haul, and recycle or dispose of all Municipal Solid Waste,
Construction and Demolition Waste, and Recyclable Materials, as provided
herein, all within the Town's corporate limits, including any territories annexed by
the Town during the term of this Agreement (the "Services"), meeting the following
conditions:
1) generated and accumulated by Commercial, Industrial, and Residential
Units; and
2) placed within Containers by those Commercial, Industrial, and Residential
Units receiving the services of the Service Provider (or otherwise
generated and accumulated in the manner herein provided by those
Commercial Units, Industrial Units, and Residential Units).
B. Nature of Operations. The Town hereby grants to the Service Provider, in
accordance with the Town's ordinances and regulations governing the collection,
hauling, and recycling or disposal of Municipal Solid Waste, Construction and
Demolition Waste, and Recyclable Materials, the title to all Municipal Solid
Waste, Construction and Demolition Waste, and Recyclable Materials collected,
4
Resolution No. 18-74, Page 6
Attachment 2
hauled, and recycled or disposed of by the Service Provider over, upon, along,
and across the Town's present and future streets, alleys, bridges, and
public properties. All title to and liability for materials excluded from this
Agreement shall remain with the generator of such materials.
SECTION 4. SINGLE FAMILY RESIDENTIAL_ UNIT COLLECTIONS
A. Single -Family Residential Units: The Service Provider will collect Municipal Solid
Waste and Recyclable Materials from Single -Family Residential Units once per
week; provided that:
1) such Municipal Solid Waste and Recyclable Materials are placed in
Containers provided by the Service Provider; and
2) such Containers are placed within five feet (5) of the curbside or right of
way adjacent to the Single -Family Residential Unit, no later than 7:00 a.m.
on the scheduled collection day.
B. Excess or Misplaced Municipal Solid Waste: The Service Provider shall only be
responsible for collecting, hauling, and recycling or disposing of Municipal Solid
Waste and Recyclable Materials placed inside the Containers provided by the
Service Provider. Municipal Solid Waste and Recyclable Materials in excess of
the Containers' limits, or placed outside or adjacent to the Containers, excluding
bulk -pick-up and yard waste, will not be collected by the Service Provider.
However, such excess or misplaced Municipal Solid Waste and Recyclable
Materials may be collected on occasion, and within reason, due to Holidays or
other extraordinary circumstances, as determined by the Service Provider, in its
sole discretion. If the excess or misplaced Municipal Solid Waste and/or
Recyclable Materials continue, the Town shall require the Single -Family
Residential Unit to utilize an additional Container, so that the excess or misplaced
Municipal Solid Waste and/or Recyclable Materials will be regularly contained.
The Service Provider shall be compensated for these additional Services as
provided for in Section 10.A., herein.
C. Handicapped Residential Units: Notwithstanding anything to the contrary
contained herein, the Service Provider agrees to assist Handicapped Residential
Units with house -side collection of their Containers; provided that the Service
Provider receives prior written notice from the Handicapped Residential Unit of
such special need. The Town shall be solely responsible for all other
modifications and accommodations required by the Americans with Disabilities
Act, or any other applicable law or regulation in connection with the services
provide hereunder to Single -Family Residential Units.
D. Optional Yard Waste Recycling Program. The Service Provider shall be
responsible for collecting, hauling, and recycling or disposing of grass clippings
and leaves, and brush tied in 4' x 2' bundles that are placed for collection on
regular service days, provided that:
5
Resolution No. 18-74, Page 7
Attachment 2
1) grass and leaves must be deposited in brown biodegradable bags prior to
pickup; and
2) bundled brush must not weight more than 40 pounds.
The Service Provider shall be compensated for these additional Services as
provided for in Section 10.A., herein.
SECTION 5. COMMERCIAL CART COLLECT UNIT COLLECTIONS
A. Commercial Cart Collect Units. The Service Provider will collect Municipal Solid
Waste and Recyclable Materials from Commercial Cart Collect Units once per
week; provided, that
1) such Municipal Solid Waste and Recyclable Materials are placed in
Containers provided by the Service Provider; and
2) such Containers are placed within five (5) feet of the curbside or right of
way adjacent to the Commercial Cart Collect Unit no later than 7:00 a.m. on
the scheduled collection day.
B. Excess or Misplaced Municipal Solid Waste. The Service Provider shall only be
responsible for collecting, hauling and recycling or disposing of Municipal Solid
Waste and Recyclable Materials placed inside the Containers provided by the
Service Provider. Municipal Solid Waste and Recyclable Materials in excess of
the Containers' limits, or placed outside or adjacent to the Containers, will not be
collected by the Service Provider. If the excess or misplaced Municipal Solid
Waste and/or Recyclable Materials continue, the Town shall require the
Commercial Cart Collection Unit to utilize an additional Container so that the
excess or misplaced Municipal Solid Waste and/or Recyclable Materials will be
regularly contained. The Service Provider shall be compensated for these
additional Services as provided for in Section 10.B., herein. Commercial Units
generating Municipal Solid Waste in excess of 95 gallons per container, per week
will be required to utilize the Service Provider's Commercial services contained in
Section 6, herein.
SECTION 6. COMMERCIAL INDUSTRIAL, AND MULTI -FAMILY
RESIDENTIAL UNIT COLLECTIONS; COLLECTION ROUTES
A. The Service Provider will collect Municipal Solid Waste and Recyclable Materials
from Commercial, Industrial, and Multi -Family Residential Units, as provided for in
Section 10.C., herein. The Service Provider shall only be responsible for
collecting, hauling, and recycling or disposing of Municipal Solid Waste and
Recyclable Materials placed inside the Containers provided by the Service
Provider. However, the Service Provider shall be obligated to offer and provide
sufficient service to Commercial, Industrial, and Multi -Family Residential Units, and
6
Resolution No. 18-74, Page 8
Attachment 2
to increase or decrease, as necessary, the frequency of collection and the size or
number of Containers, so that Commercial, Industrial, or Multi -Family Units'
Municipal Solid Waste and Recyclable Materials will be regularly contained. The
Service Provider shall be compensated for these additional Services as provided
for in Section 10.C., herein. The parties acknowledge and agree that the Service
Provider shall not be responsible for damage to any private pavement or
accompanying sub -surface of any route reasonably necessary to perform the
Services herein contracted, and that the Commercial, Industrial, or Multi -Family
Residential Unit assumes all liabilities for damage to pavement or road surface.
The Service Provider shall provide recycling services to the Commercial, Industrial,
and Multi -Family Residential Units that choose to participate in the Town's
recycling program. The Service Provider shall comply with the Town ordinance
requiring enclosure doors to be shut at all times, such that the Service Provider's
representative providing the Services to any Commercial, Industrial, or Multi -Family
Residential Unit will shut enclosure doors prior to leaving any such property.
B The Service Provider shall utilize appropriate collection trucks and equipment for
those routes identified by the Town and the Service Provider as likely to be
damaged by the use of heavy solid waste collection equipment (e.g., on asphalt
paved streets, alleys and other roadways).
SECTION 7. SPECIAL COLLECTIONS AND SERVICES
A. Municipal Locations. The Service Provider shall provide, at no cost to the Town,
Containers to collect Municipal Solid Waste and Recyclable Materials at the
following municipal locations within the Town, once per week:
Facility
Address
121 W. Broadway
St.
# Trash
Carts
4
# Recyclable
Carts
_
Police Department
3
Parks & Recreation
.409 E. First St.
4
0
3
15
Frontier Park
11551 Frontier Pkw
Public Works
601 W. Fifth St.
0
1
The Service Provider shall also provide, at no cost to the Town, Dumpsters/Roll-
Off Containers at the following municipal locations within the Town, at the stated
frequencies:
Facility
Address
# ContainersSize/T
a
Frequency
'Town Hall
200 S. Main St.
1
8 yd/Front Load
3 X
per week
Town Hall
200 S. Main St.
1
6 yd recycle
1 X
per week
Fire Station No. 1
1500 E. First St.
1
6yd/Front Load
2 X
per week
Fire Station No. 2
1150 S. Teel Pkwy
1
6yd/Front Load
2 X
per week
Frontier Park
1551 W. Frontier
P
1
8 yd/Front Load
3 X per week
Cockrell Park
13980 E. Prosper Tr.
1
_
6 X
per year
Public Works
1601 E. Fifth St.
__130yd/Roll-Off
1
18yd/Front Load
11 X
per week
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Resolution No. 18-74, Page 9
Attachment 2
Public Works 1601 E. Fifth St. _T 30yd/Roll-Off 18 X per year _
Additionally, the Service Provider shall provide, at no cost to the Town, up to thirty
(30) temporary Roll -Off Containers (up to 30 yds.) per year, to be used at the
Town's discretion (e.g., storm clean-up, special projects, code enforcements
issues, etc.); and a reasonable number of Containers to collect Municipal Solid
Waste and Recyclable Materials from any future facilities owned and operated by
the Town.
B. Clean -Up- Events. In addition, during each year of this Agreement, the Service
Provider and Town will partner to hold the "Annual Spring Clean -Up Event" during
the month of March. Services should include, but not be limited to:
1) Solid Waste and Recyclable Collection;
2) Bulk Collection;
3) Electronic Recycling/Waste;
4) Paper Shredding; and
5) other related services as identified by the Town.
The Service Provider shall provide, at no cost to the Town, an aggregate
maximum of thirty (30) thirty -yard Roll -Off Containers, three (3) rear -load trucks,
advertisement, brochures, signage, etc., and the proper equipment and/or
personnel for this event; provided that the Town coordinates the event with the
Service Provider. For any additional Roll -Off Containers requested by the Town
for this event, the Service Provider shall charge the Town, in accordance with
Section 10.F., herein.
C. Roll -Off Services. The Service Provider shall be the exclusive provider of Roll -Off
Containers within the Town. The Service Provider shall provide Roll -Off Service
to any persons or entities located within the Town's limits, and requesting such
service. Roll -Off Services shall be in accordance with the terms and conditions
agreed to by the Service Provider and the requesting party; provided that the Roll -
Off Services do not conflict with any Town ordinance or policy. At a minimum, the
Roll -Off Services provided by the Service Provider shall consist of:
1) the delivery and placement of the Roll -Off;
2) the collection and hauling of the Roll -Off; and
3) the disposal of the Solid Waste placed in the Roll -Off (the "Roll -Off
Services").
The Service Provider shall be compensated for the Roll -Off Services, in
accordance with the rates listed in Section 10.F., hereof.
D. Contractor Removal of Construction and Demolition Waste. Notwithstanding the
above Section 7.C., it is understood and agreed that a construction contractor
may haul and dispose of Construction and Demolition Waste from a construction
8
Resolution No. 18-74, Page 10
Attachment 2
or remodel job located within the Town's corporate limits that it was hired to
perform; provided that the construction contractor uses its own equipment for the
storage, hauling, and disposal of such Construction and Demolition Waste.
Nothing in this Section 7.D. shall allow a third -party to hire or subcontract for Roll -
Off Services in violation of Section 7.C., herein.
E. Town Educational Literature. Each calendar quarter, the Service Provider shall
provide the Town with an electronic copy of educational literature that will include
items such as holiday schedules, route or service changes, community events,
general service tips/guidelines, recycling education, new programs, service
updates, and any other pertinent information regarding the details of services
provided to the Town. This educational literature will be provided for its
dissemination to Town businesses and residents. The Service Provider shall not
be responsible for any further distribution of such educational literature.
SECTION 8. BULKY ITEMS AND BUNDLES
A. Collections. The Service Provider shall collect Bulky Items and Bundles from
Single -Family Residential Units, on the scheduled collection day each month;
provided that:
1) the Bulky Items or Bundles:
a) are placed at the curbside no later than 7:00 a.m. on the scheduled
collection day;
b) are reasonably contained; and
c) do not exceed four (4) cubic yards in total volume, or have any
individual item exceeding fifty (50) pounds in weight.
The Service Provider shall only be responsible for collecting, hauling, and
recycling or disposing of Bulky Items and Bundles, at the rate contained in
Section 10.A., herein, from those Single -Family Residential Units that have
complied with Section 1 of this Agreement and this Section 8.A.
In the event a Single -Family Residential Unit places a Bulky Item and/or Bundle
out for collection in excess of four (4) cubic yards in total volume, on the regularly
scheduled Bulky Item/Bundle collection day, the Service Provider shall collect
such excess Bulky Items and Bundles for an additional charge, in accordance
with the rates contained in Section 10.E., herein. Additionally, Single -Family
Residential Units may schedule an additional collection(s) of Bulky Items and/or
Bundles with the Service Provider on dates other than the regularly scheduled
Bulky Item/Bundle collection day, for an additional charge, in accordance with the
rates contained in Section 10.E., herein. White Goods containing refrigerants will
not be collected by the Service Provider, unless such White Goods have been
certified in writing by a professional technician to have had all such refrigerants
removed.
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Resolution No. 18-74, Page 11
Attachment 2
B. Optional Bulk Drop -Off Service. The Service Provider shall provide the Town with
bulk drop-off service two times per month at a location and dates pre -determined
by the Town. The Service Provider shall provide one (1) rear load truck, one (1)
employee to operate truck for four (4) hours (8:00am-12:00pm), and one (1) load
per event. This is an optional service available at the Town's discretion. The
Service Provider shall be compensated for these additional Services as provided
for in Section 10.A., herein.
C. Negotiated Collections. It is understood and agreed that the service provided
under Section 8.A. does not include the collection of Bulky Items and Bundles
comprised of Construction and Demolition Waste, White Goods, or any materials
resulting from remodeling, general property clean-up, or clearing of property, for
the preparation of construction. However, the Service Provider may negotiate an
agreement, on an individual basis, with the owner or occupant of a Single -Family
Residential Unit regarding the collection of such items, by utilizing the Service
Provider's Roll -Off Services.
SECTION 9. TITLE TO EQUIPMENT
Notwithstanding anything to the contrary contained herein, it is expressly understood and
agreed that all equipment, including, but not limited to Containers provided by the
Service Provider in connection with the Services, shall at all times remain the property of
the Service Provider. On an annual basis, the Service Provider shall conduct a
Container audit of both Poly -Carts and Recycling Containers, and submit the results of
such audit to the Town for review.
SECTION 10. RATES AND FEES
Subject to adjustment, as provided in Section 11, herein, the rates and fees to be
charged and received by the Service Provider are as follows:
A. Sinafe-Fa_miiy Residential Unit Services. For the Services provided to Single -
Family Residential Units under Section 4.A., herein, the Service Provider shall
charge the following fees for all Single -Family Residential Units that are located
within the corporate limits of the Town, and billed by the Town for utility services:
1) $6.63 per month for each Single -Family Residential Unit utilizing one Solid
Waste Poly -Cart;
2) $2.81 per month for each Single -Family Residential Unit utilizing one (1)
gently used Recycling Container
3) $0.99 per month for each Single -Family Residential Unit for Yard Waste
Recycling Program (at Town's option);
4) $0.34 per month for each Single -Family Residential Unit for Bulk Drop -Off
(at Town's option);
5) $4.97 per month for each additional Solid Waste Poly -Cart utilized by such
Single -Family Residential Unit; and
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Resolution No. 18-74, Page 12
Attachment 2
6) $2.39 per month for each additional Recycling Container utilized by such
Single -Family Unit.
B. Commercial Cart Collect Unit Services. For the Services provided to Commercial
Cart Collect Units under Section 5.A., herein, the Service Provider shall charge
the following fees for all Commercial Cart Collect Units that are located within the
corporate limits of the Town:
1) $21.00 per month for each Commercial Cart Collect Unit utilizing one (1)
Solid Waste Poly -Cart;
2) $3.18 per month for each Commercial Cart Collect Unit utilizing one (1)
Recycling Container;
3) $12.60 per month for each additional Solid Waste Poly -Cart utilized by
such Commercial Collect Unit; and
4) $2.39 per month for each additional Recycling Container utilized by such
Commercial Cart Collect Unit.
C. Commercial, Industrial, and Multi -Family Residential Unit Municipal Solid Waste
Services.
1) For the Services provided to Commercial, Industrial, and Multi -Family
Residential Units under Section 6., herein, the Service Provider shall
charge per month for each Non -Compacted Container utilized for the
collection of Municipal Solid Waste the following rates:
Container
Size
One
Collection
per Week
Two I
Collections per
Week
Three
Collections per
Week
Four
Collections per
Week
Five
Collections per
Week
3 Yards
'.61.28
$107.24
$172.91
230.55
$288.18
4 Yards
$73.07
$113.13
$206.20
. 274.93
$343.66
3 Yards
' 90.74
$159.11
227.30
$383.
1$574.65
13 Yards
194.47
$311.14
$510.80
1$638.50
-1,1116.69
jifiW&4
.8
4.
1
Lock Fee
$3.50 per lift*
En to Fee
--
per lift*
Caster Fee
_13.5Q
$3.50 per lift*
* Maximum of two charges per lift
For any collection that the Service Provider is required to make in excess of the
above weekly figures, the Service Provider shall charge the following additional
rates per additional collection, per Container:
Size of
Container
Each
Additional
3 YardsIjion
11
Resolution No. 18-74, Page 13
Attachment 2
4 Yards $72.00
6 Yards
$74.00
8 Yards
$78.00
10 Yards
$80.00
2) For the Services provided to Commercial, Industrial, and Multi -Family
Residential Units under Section 6., herein, the Service Provider shall
charge per month for each Compactor Container utilized for the collection
of Municipal Solid Waste the following rates:
a. $387.00 6 Cubic Yard Compactor per Haul, including disposal
b. $470.00 8 Cubic Yard Compactor per Haul, including disposal
The foregoing rates apply to all Commercial, Industrial, and Multi -Family
Residential Units that are located within the Town's corporate limits, and billed by
the Town for utility services.
D. Commercial Industrial and Multi -Family Residential Unit Repyjing Services. For
the Recycling Services provided to Commercial, Industrial, and Multi -Family
Residential Units under Sections 5. and 6., herein, the Service Provider shall
charge the following fees:
1) $3.18 per month for each Commercial, Industrial, or Multi -Family
Residential Unit utilizing one (1) Recycling Container;
2) $2.39 per month for each additional Recycling Container utilized by such
Commercial, Industrial, or Multi -Family Residential Unit.
Rates shall only apply to such Commercial, Industrial, and Multi -Family
Residential Units who have chosen to participate in the Town's recycling program.
E. Additional BUlky Item/Bundle Services. For the additional Bulky Item and/or
Bundles Services provided to Single -Family Residential Units under Section 8.A.,
herein, the Service Provider shall charge the following fees:
1) For each collection of excess Bulky Items and/or Bundles from a Single -
Family Residential Unit on the Service Provider's regularly scheduled Bulky
Item/Bundle collection day, the Service Provider shall charge $12.00 per
cubic yard for each cubic yard of Bulky Items and/or Bundles collected, in
excess of four (4) cubic yards from such Single -Family Residential Unit.
2) For each collection of excess Bulky Items and/or Bundles from a Single -
Family Residential Unit not on the Service Provider's regularly scheduled
Bulky Item/Bundle collection day, the Service Provider shall charge $12.00,
per cubic yard for each cubic yard of Bulky Items and/or Bundles collected
from such Single -Family Residential Unit.
`The cubic yardage calculation will be based on an estimate provided by a
12
Resolution No. 18-74, Page 14
1 -
supervisor employed by the Service Provider.
Roll -Off
herein,
fees:
Attachment 2
Services. For the Services provided under Sections 7.C., 8.B., and 12,
the Service Provider shall charge for each Roll -Off utilized the following
1) $175.00 Delivery and Exchange Fee
2) $5.00 per day Rental Fee
3) $400.00 20 Cubic Yard Container per Haul, up to 4 tons
4) $410.00 30 Cubic Yard Container per Haul, up to 4 tons
5) $440.00 40 Cubic Yard Container per Haul, up to 4 tons
6) $33.00 per each additional ton in excess of 4 tons
7) $49.50 per each additional ton in excess of GVW 54,000 lbs
The Service Provider will enter into agreements with each Commercial, Industrial,
or Residential Unit, on an individual basis, regarding the Roll -Off Services to be
provided. The Roll -Off Services will be billed directly to such Commercial,
Industrial, or Residential Unit, and will be collected by the Service Provider. The
Roll -Offs provided pursuant to this Section 10.F. must be located within the Town
in accordance with Town ordinances and policies.
SECTION 11. RATE ADJ USTM ENT
All rates charged by Community Waste Disposal (contractor) will be subject to an Annual
CPI/Fuel/Disposal Cost Adjustment. Contractor will notify the Town at least thirty (30)
days in advance of any proposed cost adjustments. The first annual adjustment will be
effective twelve (12) months from the contract date, and subsequent adjustments will be
made each year through the term of the contract. The Annual Adjustment will be
applicable to all charges for Trash, Recycling, and other services for both residential and
commercial services as contained in the contract. Rates and fees will be adjusted by the
contractor for the second and subsequent Contract years for the term of the contract,
based on the indices and methodology as described below. If any index defined herein
shall not be determined and published or if any index as it is constituted on the Contract
Date is thereafter substantially changed, there shall be substituted for such index
another index which is determined and published on a basis substantially similar to the
index being replaced as shall be mutually agreed upon by the Town and the Contractor.
The percentage breakdown among the three components of the annual adjustment (CPI,
Fuel, Disposal) will vary based on the type of service rendered (System) and can be
found on the System Chart below. Annual Rate Adjustment will not be unreasonably
withheld or denied.
A. CPI -U Adjustment. The basis for the CPI component of the annual increase will
be the increase in the "Consumer Price Index — All Urban Consumers", all items
(not seasonally adjusted) less Energy, for the Dallas -Fort Worth, TX Area as
published by the U.S. Department of Labor Bureau of Labor Statistics. The
contractor has designated (see System Chart for amount) % of fees and charges
13
Resolution No. 18-74, Page 15
Attachment 2
to be adjusted by the CPI index. For the Annual Cost Adjustment to be effective
on the first anniversary of the contract date, the Base or previous CPI index will
be the most recent index published two (2) months prior to the date of the
contract, and the Current CPI Index will be the most recent Index published two
(2) months prior to the current year's contract anniversary date. For subsequent
years the Base CPI will be the previous year's "Current Index Value" and the
Current CPI Index will be the most recently published Index two (2) months prior
to the current year's contract anniversary date.
B. Fuel Adjustment. The Fuel portion of the Annual Adjustment will be determined
using the increase in the Henry Hub Natural Gas Spot Price (Dollars per MMBTU)
as published by the Energy Information Administration of the U.S. Department of
Energy (https://www.eia.doe.gov/dnav/ng/hist/rngwhhdm.htm). The contractor has
designated (see System Chart for amount) % of fees and charges to be adjusted
by the fuel index. For the Annual Cost Adjustment to be effective on the first
anniversary of the contract date, the Base or Previous Fuel Index will be the
average Henry Hub Natural Gas price per MMBTU for the most recent three (3)
month period ending two (2) months prior to the date of the contract. The Current
Fuel Index will be Henry Hub Natural Gas price per MMBTU for the three (3)
month period ending two (2) months prior to the contract anniversary date. For all
subsequent years of the contract the Base or Previous Fuel Index will be the
previous year's "Current Index Value", and the Current Fuel Index will be the
average Henry Hub Natural Gas price per MMBTU for the three-month period
ending two (2) months prior to the current years contract anniversary date.
C. Disposal Adjustment. The Disposal portion of the Annual Adjustment will be
determined using the increase in the CWD gate rate price for the Camelot Landfill.
The contractor has designated (see System Chart for amount) % of fees and
charges to be adjusted by the Disposal rate changes. For the Annual Cost
Adjustment to be effective on the first anniversary of the contract date, the Base
or Previous Disposal Index will be the Camelot Landfill gate rate effective on the
date the CWD bid was submitted. The Current Disposal Index will be the Camelot
Landfill gate rate in effect ten (10) months from the contract start date. For all
subsequent years of the contract the Base or Previous Index value will be the
previous year's "Current Index Value", and the Camelot Landfill gate rate in effect
one month prior to the current years contract anniversary date.
SYSTEM CHART
14
Resolution No. 18-74, Page 16
Roll Off
Front Load
Roll Off
Excessive
Residentia
Trash
Trash
Weight
I Trash
Recycle
CPI
57%
37%
0%
48%
65%
Fuel
13%
13%
0%
20%
20%
Disposa
1
30%
1 50%
100010
32%
15%
Total
100%
100%
100%
1 100% 1
100%
14
Resolution No. 18-74, Page 16
Attachment 2
EXAMPLE (Recycle
SECTION 12.EXCLUSIONS
Notwithstanding anything to the contrary contained herein, this Agreement shall not
cover the collection, hauling, recycling or disposal of any Hazardous Waste, animal or
human, dead animals, auto parts, used tires, concrete, dirt, gravel, rock or sand from any
Container provided by the Service Provider located at any Commercial, Industrial or
Residential Unit; provided however, that the Service Provider and the owner or occupant
of a Commercial, Industrial or Residential Unit may negotiate an agreement on an
individual basis regarding the collection, hauling or disposal of Construction and
Demolition Waste, auto parts, used tires, concrete, dirt, gravel, rock or sand by utilizing
the Service Provider's Roll -Off Services.
SECTION 13. TERM OF AGREEMENT
The term of this Agreement shall be for a period of five (5) years, commencing on
February 1, 2019, and concluding on January 31, 2024. At the expiration of the initial
term of this Agreement, the Agreement may be extended by the parties upon mutual
written agreement, for five (5) additional one (1) year periods.
SECTION 14. ASSIGNMENT
This Agreement shall not be assignable, or otherwise
Provider, without the prior written consent of the Town
Service Provider may assign this Agreement to any
subsidiary of the Service Provider, or to any person o
substantially all of the Service Provider's assets (whether
consolidation or otherwise), without the Town's consent.
SECTION 15. ENFORCEMENT
15
Resolution No. 18-74, Page 17
transferable by the Service
provided however, that the
direct or indirect affiliate or
r entity succeeding to all, or
by operation of law, merger,
% Applied
Index
Previous
Current
Change
Index
to Annual
Contractors Base Fee
Percentag
(Base)
Index
in Index
Percentag
Cost
Adjustment Indices
e
Index
value
Value
a Change
Adjustmen
Value
t
Consumer Price Index
65%
217.487
220.097
2.610
1.20%
0.78%
Fuel Cost
20%
$2.914
$2.987
$0.073
2.51%
0.50%
Disposal Cost
15%
$20.00
$20.40
$0.40
2.00%
0.30%
Annual Adjustment
100%
1.58%
SECTION 12.EXCLUSIONS
Notwithstanding anything to the contrary contained herein, this Agreement shall not
cover the collection, hauling, recycling or disposal of any Hazardous Waste, animal or
human, dead animals, auto parts, used tires, concrete, dirt, gravel, rock or sand from any
Container provided by the Service Provider located at any Commercial, Industrial or
Residential Unit; provided however, that the Service Provider and the owner or occupant
of a Commercial, Industrial or Residential Unit may negotiate an agreement on an
individual basis regarding the collection, hauling or disposal of Construction and
Demolition Waste, auto parts, used tires, concrete, dirt, gravel, rock or sand by utilizing
the Service Provider's Roll -Off Services.
SECTION 13. TERM OF AGREEMENT
The term of this Agreement shall be for a period of five (5) years, commencing on
February 1, 2019, and concluding on January 31, 2024. At the expiration of the initial
term of this Agreement, the Agreement may be extended by the parties upon mutual
written agreement, for five (5) additional one (1) year periods.
SECTION 14. ASSIGNMENT
This Agreement shall not be assignable, or otherwise
Provider, without the prior written consent of the Town
Service Provider may assign this Agreement to any
subsidiary of the Service Provider, or to any person o
substantially all of the Service Provider's assets (whether
consolidation or otherwise), without the Town's consent.
SECTION 15. ENFORCEMENT
15
Resolution No. 18-74, Page 17
transferable by the Service
provided however, that the
direct or indirect affiliate or
r entity succeeding to all, or
by operation of law, merger,
Attachment 2
During the term of this Agreement and any extension thereof, the Town agrees to adopt
and maintain ordinances, and revise existing ordinances, so as to enable the Service
Provider to provide the Services set forth herein. The Town shall take any action
reasonably necessary to prevent any other solid waste collection company from
conducting business in violation of the exclusive franchise granted herein. If the Service
Provider experiences recurring problems of damage or destruction to, or theft of, the
Containers provided by the Service Provider, pursuant to this Agreement, the Service
Provider may, prior to replacing or repairing such Containers, require security deposits
from the Commercial, Industrial, or Residential Units utilizing such Containers. To the
maximum extent allowed by applicable law, the Town also hereby grants to the Service
Provider, the right of ingress and egress from and upon the property of Commercial,
Industrial, and Residential Units for the purposes of rendering the Services contemplated
hereby.
SECTION 16. PROCESSING, BILLING AND FEES
A. Monthly Statement for Residential Units. On a monthly basis, the Service
Provider agrees to bill the Town the rates and fees charged under Sections 10.
and 11., herein, for all Residential Units requiring the collection, hauling, and
disposal of Municipal Solid Waste within the Town's corporate limits (the "Monthly
Statement") on or before the last day of the month for which such Services were
provided, commencing on February 2019. Thereafter, the Town will remit to the
Service Provider in arrears an amount equal to such Monthly Statement. Such
remittance shall be made by the Town on or before the 20th day of each month
commencing on February 2019. Along with each monthly remittance, the Town
shall provide the Service Provider with a report indicating the number and rate of
Residential Units which have been billed for that month. The Town shall be solely
responsible for billing and collecting such rates and fees from all Residential Units
possessing active utility accounts within the Town's corporate limits, as well as
from all other Residential Units requiring the collection, hauling and disposal of
Municipal Solid Waste within the Town's corporate limits. Nothing herein shall
prohibit the Town from collecting sums in addition to those sums called for herein.
B. Billings for Commercial Industrial, and Multi -Residential Units. On a monthly
basis, the Service Provider agrees to directly bill the Commercial, Industrial, and
Multi -Residential Units the rates and fees charged under Sections 10.0 and 11.,
herein,_plus (ii) an amount equal to five percent (5%) of the_Commercial Billing,
plus (iii) any applicable sales, use and service taxes for all Units requiring the
collection, hauling, and disposal of Municipal Solid Waste within the Town's
corporate limits on or before the last day of the month for which such Services
were provided, commencing on February 2019. Thereafter, Service Provider will
submit to the Town, a Monthly Statement indicating the number and rate of
Commercial, Industrial, and Multi -Residential Units which have been billed for that
month.
C. Billings for Roll -Off Services. Notwithstanding the above, the Service Provider will
16
Resolution No. 18-74, Page 18
Attachment 2
bill and collect (i) the rates charged under Sections 105. and 11. from all
Residential, Commercial, and Industrial Units for services performed with respect
to Roll -Off Services (the "Roll -Off Billing"), plus (ii) an amount equal to five percent
(5%) of the Roll -Off Billing, plus (iii) any applicable sales, use and service taxes.
D. Taxes. In addition to the amounts billed and collected by the Town under Section
16.A., the Town shall also be responsible for billing, collecting and
remitting/paying any and all sales, use and service taxes assessed or payable in
connection with the Residential Municipal Solid Waste Services. The Service
Provider shall be responsible for billing, collecting and remitting/paying any and ail
sales, use and service taxes assessed or payable in connection with All Roll -Off
Services, and all Commercial, Industrial, and Multi -Residential Units.
E. Bad Debt: Unpaid Rates/Fees. The Town agrees that payments owing to the
Service Provider pursuant to this Agreement shall be based solely on the
Services rendered by the Service Provider. The Service Provider shall not be held
responsible for the collection of "bad debt" billed by and owed to Town for the
Services.
F. Franchise Fee. On a calendar quarterly basis, the Service Provider shall remit to
the Town an amount equal to five percent (5%) of the gross receipts collected by
the Service Provider from the Roll -Off Billing, and the Commercial, Industrial, and
Multi -Residential Units for the immediately preceding quarter's Billing (the
"Franchise Fee"). The Franchise Fee shall be remitted to the Town in arrears on
a calendar quarterly basis, beginning on or before April 30, 2019. The initial
remittance to the Town for the Franchise Fee shall only be for the months of
February and March, 2019, such as to put the Service Provider on schedule to
remit such Franchise Fee going forward on a calendar quarterly basis.
G. Quarter!y Reports. The Service Provider shall submit quarterly reports to the
Town's Finance Director, or other person designated by the Town, and shall
include in such Quarterly Reports the tonnage of materials collected. Such
Quarterly Reports shall be submitted within two (2) weeks of the last day of each
calendar quarter.
SECTION 17. SPILLAGE; HYDRAULIC LEAKS
A. Spillage. It is understood and agreed that the Service Provider shall, if necessary,
hand -clean all spillage resulting from its collection activities; however, the Service
Provider shall not be required to clean up, collect, or dispose of any loose or
spilled Municipal Solid Waste, Construction, and Demolition Waste, or Recyclable
Materials, not caused by the Service Provider's rendering of the Services; or be
required to collect and dispose of any excess Municipal Solid Waste, Construction
and Demolition Waste, or Recyclable Materials placed outside of the Containers
by any Commercial, Industrial, or Residential Unit. The Service Provider may
report the location of such conditions to the Town, so that the Town can issue
Resolution No. 11 74, Page 19
Attachment 2
proper notice to the owner or occupant of the Commercial, Industrial, or
Residential Unit, instructing the owner or occupant to properly contain such
Municipal Solid Waste, Construction and Demolition Waste, or Recyclable
Materials. Should excess Municipal Solid Waste, Construction and Demolition
Waste, or Recyclable Materials continue to be placed outside of the Containers,
the Town shall require the Commercial, Industrial, or Residential Unit to increase
the frequency of collection of such Municipal Solid Waste, Construction and
Demolition Waste or Recyclable Materials, or require the Commercial, Industrial
or Residential Unit to utilize a Container with sufficient capacity so that the excess
Municipal Solid Waste, Construction and Demolition Waste or Recyclable
Materials will be regularly contained. The Service Provider shall be compensated
for these additional Services as provided for in Section 10., herein, and shall be
entitled to receive an extra collection charge for each additional Container
requiring an extra collection.
B. Hydraulic Leaks. Any equipment used by the Service Provider in the collection of
garbage and other solid waste materials shall not be allowed to leak any hydraulic
fluid and in the event of such leakage, the Service Provider shall hand cleaned or
otherwise cleaned as soon as possible, and in no event later than the date on
which such leakage occurred. Further, the Service Provider shall promptly notify
the Town of any hydraulic fluid leak occurring in the Town.
SECTION 18. NON -COLLECTION NOTICE AND FOLLOW --UP
A. Notice from the Service Provider. It is specifically understood and agreed that
where the owner or occupant of a Commercial, Industrial or Residential Unit fails
to timely place a Container as directed in Sections 4 through 6 herein, or is
otherwise in violation of the Town's ordinances and regulations, the Service
Provider's reasonable rules adopted hereunder or the provisions of this
Agreement relating to the nature, volume or weight of Municipal Solid Waste,
Construction and Demolition Waste or Recyclable Materials to be removed, the
Service Provider may refrain from collecting all or a portion of such Municipal
Solid Waste, Construction and Demolition Waste or Recyclable Materials and will
notify the Town within eight (8) hours thereafter of the reason for such non -
collection. The Service Provider will also provide written notice to the
Commercial, Industrial or Residential Unit of the reason for such non -collection,
unless such non -collection is the result of the Commercial, Industrial or
Residential Unit's failure to timely place the Containers, Bulky Items or Bundles
out for collection. Such written notice shall be attached to the Container or the
uncollected Municipal Solid Waste, shall indicate the nature of the violation and
shall indicate the correction required in order that such Municipal Solid Waste,
Construction and Demolition Waste or Recyclable Materials may be collected.
B. Notice from a Commercial Industrial or Residential Unit. When the Service
Provider is notified by an owner or occupant of a Commercial, Industrial, or
Residential Unit, that Municipal Solid Waste, Construction and Demolition
18
Resolution No. A4, Page 20
Attachment 2
Waste, or Recyclable Materials has not been removed from such Commercial,
Industrial or Residential Unit, and where no notice of non -collection or a change
in collection schedule has been received by the Town from the Service Provider,
or the Service Provider has failed to collect Municipal Solid Waste, Construction
and Demolition Waste, or Recyclable Materials from the Commercial, Industrial,
or Residential Unit without cause, as supported by notice as described herein,
then the Service Provider will use all reasonable efforts to collect such Municipal
Solid Waste, Construction and Demolition Waste, or Recyclable Materials, on the
day the missed collection is brought to the Service Provider's attention; provided
however, that if the Service Provider fails to make such collection on the same
day that the Service Provider was notified of such miss, then the Service Provider
shall make such collection no later than the following Business Day, and there
shall be no charge to the Service Provider for any such original non -collection or
late collection, so long as the Service Provider makes such collection within such
time.
SECTION 19. HOURS OF SERVICE
For all the Services provided hereunder, the Service Provider's hours of service shall be
between 7:00 a.m. to 7:00 p.m., Monday through Friday, and 7:00 a.m. to 2:00 p.m. on
Saturday. Except to the extent referenced herein, the Service Provider will not be
required to provide service on weekends or Holidays, except during natural disasters or
emergencies, and may, at its sole discretion, observe Holidays during the term of this
Agreement; provided, however, that the Service Provider shall provide such services on
the immediately following business day.
SECTION 20. CUSTOMER SERVICE
The Service Provider shall field all inquiries and complaints from Commercial, Industrial
and Residential Units relating to the collection, hauling, recycling and disposal of
Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials.
The Service Provider shall give prompt and courteous attention to any inquiries and
complaints and shall make reasonable efforts to resolve such inquiries and complaints.
The Service Provider shall be responsible at all time for maintaining a log of complaints
and shall, at the Town's request, provide copies of all complaints indicating the date and
nature of complaints and the manner and timing of resolutions.
SECTION 21. COMPLIANCE WITH APPLICABLE LAW
The Service Provider shall comply with all applicable federal and state laws regarding
the collection, hauling, recycling, and disposal of Municipal Solid Waste, Construction
and Demolition Waste, and Recyclable Materials, including existing and future laws that
may be enacted, as well as any regulations reasonably passed by the Town that are not
in derogation of this Agreement. Nothing in this Agreement shall be construed in any
manner to abridge the Town's right to pass or enforce necessary police and health
regulations for the reasonable protection of its inhabitants. The Town shall have the right
19
Resolution No. 18-74, Page 21
Attachment 2
to make reasonable inspections of the Service Provider, in order to insure compliance
with this Section 21.
SECTION 22. VEHICLES AND EQUIPMENT
Vehicles used by the Service Provider for the collection, hauling, recycling, and disposal
of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials,
shall be protected at all times, while in transit, to prevent the blowing or scattering of
Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials
onto the Town's public streets, or properties adjacent thereto, and such vehicles shall be
clearly marked with the Service Provider's name, in letters and numbers, not less than
two (2) inches in height. All collection vehicles used by the Service Provider shall be
washed and deodorized once per week.
SECTION 23. DUE CARE AND PERFORMANCE MEASURES
A. The Service Provider shall exercise due care and caution in providing the
Services, so that the Town's public and private property, including streets and
parking areas, will be protected and preserved.
B. As a breach of the service provided by this Agreement would cause serious and
substantial damage to the Town and its occupants, and the nature of this
Agreement would render it impracticable or extremely difficult to fix the actual
damage sustained by the Town by such breach, it is agreed that in case of breach
of service, the Town may elect to collect liquidated damages as specified below
and not as a penalty, the amounts set forth below, such sums being agreed as the
amount which the Town will be damaged by the breach of such service. An
election to seek such remedies shall not be construed as a waiver of any legal
remedies the Town may have as to any subsequent breach of service under this
Agreement.
A truck beginning residential collections
prior to 7:00 a.m. unless subject to
applicable exception
Failure to collect missed collections
within one business day of notification
to Contractor (except to the extent resulting
from an event of force majeure)
$100 per day per truck
$5.00 each
Repetition of complaints on a route after notification $10.00 each
of spilling, non -collection, crossing planted areas,
or similar violations for a specific address within a
ninety (90) day period, where the Service Provider
has been at fault
Resolution No. 18974, Page 22
Attachment 2
C. The Contract Administrator shall notify the Contractor in writing or electronically of
each issue within one business day, the Contractor shall either resolve the issue
or notify the Town in writing of the plan to address the issue. The Town may bill
the Contractor for administrative charges or penalties, but will not deduct charges
or penalties from the Contractor's invoice.
D. Administrative charges or financial penalties shall not exceed $4,000 in any given
three (3) month period or $8,000 in any given twelve (12) month period.
E. Contractor shall not be deemed liable for such charges where its inability to
perform collection service is a result of an event of Force Majeure as set forth in
this Agreement, provided however, that the Contractor shall notify the Contract
Administrator prior to 3:OOPM of the scheduled collection day.
SECTION 24. PERSONNEL AND PERFORMANCE STANDARDS
The Service Provider shall not deny employment to any person on the basis of race,
creed, religion, or other legally protected status, and will insure that all federal and state
laws pertaining to salaries, wages, and operating requirements are met or exceeded.
The Service Provider, its agents, servants and employees shall perform the Services in a
courteous, competent, and professional manner. During the term of this Agreement, and
any extension thereof, the Service Provider shall be responsible for the actions of its
agents, servants, and employees, while such agents, servants, and employees are
acting within the scope of their employment or agency.
SECTION 25. INSURANCE COVERAGE
Pursuant to this Agreement, the Service Provider shall carry the following types of
insurance in an amount equal to or exceeding the limits specified below:
Compensation
loyer's Liability
ly Injury Liability (except automobile)
Limits of Liability
Statutory
$500,000
$1,000,000 per occurrence; $2,000,000
in the aggregate
Damage Liability (except automobile) $1,000,000 per occurrence; $2,000,000
in the aggregate
bile Bodily Injury Liability $1,000,000 per person; $1,000,000 per
occurrence
Resolution No. ?&, Page 23
Automobile Property Damage Liability
Excess Umbrella Liability
$1,000,000 per occurrence
$5,000,000 per occurrence
Attachment 2
To the extent permitted by law, any or all of the insurance coverage required by this
Section 25 may be provided under a plan(s) of self-insurance, including coverage
provided by the Service Provider's parent corporation. Prior to the beginning of the
Services under this Agreement, or prior to any extension or renewal thereof, the Service
Provider shall furnish the Town with a certificate of insurance verifying the insurance
coverage required by this Section 25. The Service Provider shall provide the Town with
at least thirty (30) days' written notice prior to any cancellation or termination of
insurance policies required herein.
A. All insurance and certificates of insurance shall contain the following revisions:
1) Name the Town, its officers, agents, representatives, and employees as
additional insureds as to all applicable coverage with the exception of
workers compensation insurance.
2) Provide for a waiver of subrogation against the Town for injuries, including
death, property damage, or any other loss to the extent the same is
covered by the proceeds of insurance.
B. Insurance Company Qualification_ All insurance companies providing the
required insurance shall be authorized to transact business in Texas and rated at
least "A-" by AM Best or other equivalent rating service.
SECTION 26. INDEMNITY
To the extent covered by applicable insurance, the Service Provider assumes all risks of
loss, or injury to property or persons, caused by its performance of the Services. The
Service Provider agrees to indemnify and hold harmless the Town and its agents,
directors, employees, officers, and servants from and against any and all suits, actions,
legal proceedings, claims, demands, damages, costs, liabilities, losses or expenses
(including, but not limited to, reasonable attorneys' fees) caused by a willful or negligent
act or omission of the Service Provider, its officers, and employees. However, the
Service Provider shall not be liable for any legal proceedings, claims, demands,
damages, costs, expenses, and attorneys' fees caused by a willful or negligent act or
omission of the Town, its agents, directors, employees, officers, and servants.
SECTION 27. SAVINGS PROVISION
In the event that any term or provision of this Agreement shall be determined by a court
of competent jurisdiction to be invalid or unenforceable, this Agreement shall, to the
extent reasonably possible, remain in force as to the balance of its terms and provisions,
as if such invalid term or provision were not a part, hereof.
22
Resolution No. 18-74, Page 24
Attachment 2
SECTION 28. TERMINATION
Any failure by either party, or its successors and assigns, to observe the terms and
conditions of this Agreement shall, if continuing or persisting without remedy for more
than thirty (30) days after the receipt of due written notice from the other party,
constitute grounds for forfeiture and immediate termination of all the defaulting party's
rights under this Agreement, and all such rights shall become null and void.
SECTION 29. FORCE MAJEURE
The performance of this Agreement may be suspended, and the obligations hereunder
excused in the event and during the period that such performance is prevented by a
cause or causes, beyond reasonable control of such party. The performance of this
Agreement will be suspended, and the obligations hereunder excused, only until the
condition preventing performance is remedied. Such conditions shall include, but not be
limited to, acts of God, acts of war, accident, explosion, fire, flood, riot, sabotage, acts of
terrorists, unusually severe weather, lack of adequate fuel, or judicial or governmental
laws or regulations.
SECTION 30. GOVERNING LAW
This Agreement shall be governed in all respects, including as to validity, interpretation,
and effect, by the laws of the State of Texas, without giving effect to the conflict of laws
rules thereof. The parties hereby submit to the jurisdiction of the courts of the State of
Texas, and the Federal courts of the United States located in the State of Texas, solely
in respect of the interpretation and enforcement of the provisions of this Agreement, and
hereby waive, and agree not to assert, as a defense in any action, suit, or proceeding
for the interpretation or enforcement hereof, that it is not subject thereto, or that such
action, suit or proceeding may not be brought, or is not maintainable in said courts, or
that the venue thereof, may not be appropriate, or that this Agreement may be enforced,
in or by said courts, and the parties hereto, agree that all claims with respect to such
action or proceeding shall be heard and determined in such a Texas State or Federal
court. The parties hereby consent to, and grant any such court jurisdiction over the
person of such parties, and over the subject matter of any such dispute, and agree that
mailing of process or other papers in connection with any such action, or proceeding to
the addresses of the parties listed below, or in such other manner as may be permitted
by law, shall be valid and sufficient service thereof.
SECTION 31. AT 0RNEYS' FEES
The prevailing party in any dispute between the parties, arising out of the interpretation,
application, or enforcement of any provision hereof, shall be entitled to recover all of its
reasonable attorneys' fees and costs, whether suit be filed or not, including without
limitation costs and attorneys' fees related to, or arising out of any trial or appellate
proceedings.
Resolution No. ;614, Page 25
SECTION 32. DAMAGE TO PAVEMENT
The Town warrants that the public pavement, curbing or other driving surface or any
right of way reasonably necessary for the Service Provider to provide the services
described herein within the Town are sufficient to bear the weight of all of the Service
Provider's equipment and vehicles reasonably required to perform such services. The
Service Provider will not be responsible for damage to any such pavement, curbing,
driving surface or right of way, and the Town agrees to assume all liabilities for such
damages, which results from the weight of the Service Provider's vehicles providing
service within the Town, except to the extent resulting from the negligence or willful
misconduct of the Service Provider.
SECTION 33. ACCEPTANCE
PASSED AND APPROVED BY THE TOWN OF PROSPER COUNCIL
MEETING AT A TIME AND PLACE IN COMPLETE CONFORMITY WITH THE OPEN
MEETIN AWS OF THE STATE OF TEXAS AND ALL OTHER APPLICABLE LAWS
THIS IM DAY OF , 2018.
COMMUNITY *STE DISPOSAL, L.P.
2010 California Crossin_9 Rd. l
Dallas, TX 70220-231 lk
By:
Name:
Title: C
TOWN OF PROSPER
200 S. Main St.
Prosper, TX 75 78
By: Z�/K/
Name: Harlan eff s
Title: Town Ma e
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