HomeMy WebLinkAboutOrdinance 2972ORDINANCE NO. 2972
AN ORDINANCE GRANTING A FRANCHISE AND APPROVING A CONTRACT FOR
SOLID WASTE COLLECTION AND RECYCLING SERVICES.
WHEREAS, in order to protect the public health and safety of the citizens of North
Richland Hi{Is, the North Richland Hills City Council finds it necessary to
provide solid waste and recycling services, and
WHEREAS, the City Council finds it in the best interest of the public to provide such
solid waste and recycling services through a private collection disposal and
recycling contractor, and
WHEREAS, the City Council finds that the contract attached hereto will provide such
services at the best rates and under the best terms available, taking into
account price, dependability and quality of service to the inhabitants of the
City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS.
Section 1: THAT the City Council does hereby adopt the above findings.
Section 2: THAT the contract attached hereto and made a part hereof, be and is hereby
approved as a franchise (agreement) with Republic Waste Services,
Incorporated DBA Duncan Disposal.
Section 3: THAT the City Manager is hereby authorized to execute the contract
attached hereto as the act and deed of the City.
AND IT IS SO ORDAINED.
, 2007.
CITY/OF N~R,T,H~~HI~Qb H1L~S
By:
Oscar Tre`6ino, Mayor
qpp T M AND LEGALITY:
George A. Staples, City Attorney
APP VE~ AS~TO ONTENT:
~~~-~~
Karen Bostic, Managing Director
PPROVED this 10th day of Dece
Ordinance No. 2972
Page 1 of 27
Patricia Hutson, City Secretary
SOLID WASTE AND RECYCLING COLLECTION CONTRACT
THIS CONTRACT (the "CONTRACT") is made and entered into on February _, 2008,
by and between the CITY OF NORTH RICHLAND HILLS, a municipal corporation of Tarrant
County, Texas (hereinafter referred to as "CITY") and REPUBLIC WASTE SERVICES OF
TEXAS, LTD, a Texas limited partnership (hereinafter referred to as "CONTRACTOR").
WHEREAS, the City desires to provide residential and commercial customers within its
corporate limits with solid waste collection, transport, disposal and recycling services for a term
of 5 years ending January , 2013; and
WHEREAS, the City strongly encourages customers and the Contractor to actively
pursue recycling opportunities in order to attain State recycling goals; and
WHEREAS, the Contractor has provided the City with a response to its Request for
Proposals (RFP) dated August 21, 2007 for solid waste disposal and recycling services on a
Contract basis.
NOW, THEREFORE, in consideration of the mutual agreements hereinafter contained
and in order to preserve and protect the public health of the citizens of the CITY it is hereby
understood and agreed by the parties hereto as follows:
Grant. CITY hereby grants to CONTRACTOR a Contract to engage in the
business of collecting and disposing of all residential and commercial recyclable
Materials, Acceptable Waste and Special Waste as defined herein below which is
generated 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 during the term
of this Contract.
2. Term. The term of this Contract shall be for five (5) years commencing on
February _, 2008 and terminating on January _, 2013, with options to
extend the Contract for two (2) additional one (1) year terms. These options may
be exercised by mutual agreement of the parties.
3. Definitions. Wherever used herein, the hereinafter listed terms shall have the
following meanings:
a) Acceptable Brush: Tree trimmings that are tied in Bundles, and stacked
at curbside. Tree trimmings cannot be the result of commercial tree
trimming services.
b) Residential Construction Debris: Waste building materials generated by
the homeowner resulting from construction, remodeling, repair, or
demolition operations but does not include dirt, concrete, rocks, bricks, or
roofing shingles.
c) Acceptable Fencing: Fence panels cut into four (4') feet by six (6') feet
sections. Loose pickets must be tied and in Bundles.
Ordinance No. 2972
Page 2 of 27
d) Acceptable Waste: Any and all waste that is solid waste, including
garbage, yard waste and trash, Bundles and Bulky Waste, as solid waste
is defined under the laws of the United States and/or the State of Texas
and/or the regulations promulgated thereunder and that is acceptable for
disposal in a Landfill, except for "Unacceptable Waste", as defined herein.
e) Backdoor Solid Waste Service (Elective Carry-Out Service): Refuse
pickup from behind the building line. The refuse shall be placed in front of
the building facing the street in such a manner clearly visible from the
street as to be accessible without entering a gate. Backdoor Garbage
Service shall be provided at an additional charge as later specified in this
document for all residential households who request the service.
f) Bulky Waste: Stoves, refrigerators (with verification that CFC
components have been removed by a certified technician), Residential
Construction Debris, Acceptable Fencing, water tanks, hot water heaters,
washing machines, furniture, and other waste materials with weights or
volumes greater than those allowed for containers but does not include
Unacceptable Waste.
g) Bundles: Tree and shrub trimmings or loose fence pickets that are cut
into lengths no longer than four (4') feet and tied into bundles that weigh
no more than fifty (50) pounds in weight.
h) By-Products With Residual Value: Any excess industrial, manufacturing
or commercial by-products or significant and constant volumes of
materials of a company which have a residual value on the open market,
(such as cardboard and packing materials).
i) Commercial Containers: Metal containers supplied by CONTRACTOR
affording adequate capacity to service a customer so as to prevent
spillage, unsightly and unsanitary conditions.
j) Curbside Service: Acceptable Waste or Recyclable Materials to be picked
up by the CONTRACTOR will be located at the curbside of the street
bearing the customer's address or, if there is no curb, where the
customer's property line meets the street.
k) Debris: Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other
waste building materials, automobile frames, or large, uncut dead trees.
I) Disposable Containers: Any plastic bag or cardboard box with a capacity
or volume of thirty three (33) gallons or less and which is capable or
containing solid waste or trash without leaking or emitting odors, and
which weighs, when loaded, less than fifty (50) pounds.
m) Solid waste: Refuse animal or vegetable matter (as from a kitchen or food
processing facility), tin cans, bottles, sacks, clothes, extinguished ashes,
paper (not including heavy accumulations of newspape~s and magazines)
and any other household waste which is damp or capable of emitting
noxious odors.
Ordinance No. 2972
Page 3 of 27
n) Loose Brush: Tree and shrub trimmings that are not easily placed in
disposable containers or Bundles.
o) Multi-Family/Apartment Residential Complex: A structure in which three
or more families reside and claim as their permanent address.
p) Permanent Containers: Any closed, waterproof, plastic or metal container
or can with a capacity or volume of thirty three (33) gallons or less and
which is capable of containing solid waste or trash without leaking or
emitting odors, and which weighs, when loaded, less than (50) pounds.
q) Recyclable Materials:
Metal Cans: Rinse metal cans and place in bin.
Aluminum Cans: Aluminum drink cans, compacted.
Glass: Clear, green and brown glass bottles and
jars. No mirrors, window glass, plate glass
or light bulbs.
Plastic Bottles: Only plastic bottles with recycling symbols,
#1, #2, #3, #4, #5, and #7. Examples
include: milk bottles, soft drink liter bottles,
detergent bottles, cleaning bottles and
shampoo bottles. Rinse and remove lids.
Newspapers,
Magazines,
Catalogs Newspapers, magazines and catalogs
including slick and glossy inserts.
Junk Mail, Cardboard, Junk mail, envelopes, cereal boxes,
cardboard,
Paper chipboard and other household paper
products in
Mixed Household in a brown grocery bag placed beside or
inside the Bin. No tissues, wet paper or
paper contaminated with food products are
acceptable. All cardboard must be broken
down to a size that will fit inside the bin.
Other: Items that are mutually agreed to be
recyclable by City and CONTRACTOR, or
as a result of changes in any local, state or
federal Laws, ordinances or regulation
r) Recycling Containers: Eighteen (18) gallon or greater, container with a lid
provided by CONTRACTOR for each residential Customer at no charge.
Any container must be approved by the City.
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s) Special Waste: Any waste, even though it may be part of a delivered load
of waste excluding insignificant quantities found in residential waste,
which is:
(1) defined as such by the laws of the United States and/or the State
of Texas and/or the regulations promulgated thereunder; or
(2) medical waste, including infectious or pathological waste from
laboratories, research facilities, and health and veterinary
facilities; and
(3) dead animals and/or slaughterhouse waste; or
(4) sludge waste, including water supply treatment plant sludge and
stabilized and/or un-stabilized sludge from municipal or industrial
wastewater treatment plants; or
(5) liquid waste, which for the purposes of this Contract means any
waste material that is determined to be or contain "free liquid" by
the paint filter test (EPA Method 9095); or
(6) waste from an industrial process; or
(7) waste from a pollution control process; or
(8) waste transported in a bulk tanker; or
(9) friable and/or non-friable asbestos waste; or
(10) empty containers which have been used for pesticides, herbicides,
fungicides, or rodenticides; or
(11) containerized waste (e.g., a drum, barrel, portable tank, box, pail,
etc.) of a type listed in this definition; or
(12) residue or debris from the cleanup of a spill or release of chemical
substances, commercial products or other wastes listed in this
definition; or
(13) soil, water, residue, debris or articles which are contaminated from
the cleanup of a site or facility formerly used for the generation,
storage, treatment, recycling, reclamation, or disposal of wastes
listed in this definition, including soil contaminated from
underground storage tanks used or formerly used for the storage
of petroleum products; or
(14) residential wastes, only if a change in federal or state law, statute,
regulation, rule, code, ordinance, permit, or permit condition,
which occurs after the Effective Date of this Contract, requires
special or additional management that differs from the
requirements applicable on the Effective Date of this Contract; or
(15) any waste that requires other than normal handling, storage,
management and/or disposal.
t) Trash: All household refuse other than solid waste, debris, brush,
household furniture and appliances. Trash shall include grass, yard
clippings, leaves, weeds, heavy accumulations of newspapers and
magazines, Recyclable Waste, old clothes and other household trash of
like kind, but shall not include Hazardous Wastes.
u) Unacceptable Waste: Any and all waste that is either:
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(1) waste which is now or in the future prohibited from disposal at a
sanitary landfill by state, federal and/or local laws and/or the
regulations promulgated there under; or
(2) "Hazardous Waste"; or
(3) "Special Waste", as defined herein;
(4) waste which is prohibited from disposal at the Landfill by
CONTRACTOR including tires, concrete, and bulk petroleum or
chemical products or by-products; or
(5) liquid waste, as defined herein, and septic tank pumping and
grease and grit trap wastes; or
(6) sludge waste, including water supply treatment plant sludge and
stabilized and/or un-stabilized sludge from municipal or industrial
wastewater treatment plants; or
(7) dead animals and/or slaughterhouse waste, except for animals
euthanized under the authority and direction of CONTRACTOR; or
(8) any waste, including "Special Waste" as defined herein, which
because of its quantity, concentration, frequency of disposal,
required disposal procedures, regulatory status, or physical,
chemical infectious or other characteristics jeopardizes or may
jeopardize the environmentally sound operation of the disposal
site, as determined by CONTRACTOR in its sole discretion.
(9) non-Residential Construction Debris.
(10) Appliances containing CFC's that do not bear a certification tag
that shows the CFC's have been properly recovered in
accordance with federal law.
w) Yard Waste: Grass or shrubbery cuttings, leaves, tree limbs, and other
materials accumulated as the result of the care of lawn, shrubbery, vines
and trees. Yard waste does not include food wastes from gardens such
as fruits or vegetables.
4. Residential
a) Duties and Obligations of Residential Customers. Every owner, agent,
lessee, tenant or occupant of any residential premises in the CITY
("residential customer") shall have the following duties and obligations:
(1) Preparation of Materials and Special Collections: Residential
customers shall prepare all Acceptable Waste in accordance with
city ordinances and as provided within the scope of the terms and
provisions contained herein. Residents may place for collection,
up to four cubic yards of Bundles and Bulky Waste each week.
If the Acceptable Waste or Loose Brush is more than four (4)
cubic yards, the customer must contact the CONTRACTOR to
schedule pickup. CONTRACTOR will collect and dispose of all
Loose Brush or Acceptable Waste over four (4) cubic yards at the
rate of $10.00 per cubic yard. Or, if the material that exceeds four
(4) cubic yards is Loose Brush, the residential customer may
request a chipper service from CONTRACTOR at the rate set
forth in Attachment A, with a one hour minimum charge.
Ordinance No. 2972
Page 6 of 27
Residents with any material that is not Unacceptable Waste may
contact CONTRACTOR to schedule an appointment for
CONTRACTOR to inspect the materials and provide the customer
with an estimate to collect the materials. Residents of the CITY
shall also have access to the Arlington Landfill to dispose of
materials at the times and rates as described in Attachment B
attached hereto. Arrangements for these services can be made
by contacting CONTRACTOR'S customer service representative
Monday through Friday, 8:00 a.m. to 5:00 p.m.
(2) Containers Secured: Each residential customer shall keep all such
containers in use securely closed in such a manner as to prevent
the scattering of the contents thereof and to render said contents
inaccessible to insects, rodents and other animals.
(3) Draining Liquids: Each residential customer shall drain all
acceptable Waste and Recyclable Materials mixed with water or
other liquids before placing the same into appropriate containers.
(4) Placement of Waste and Materials: Each residential customer
shall place appropriate containers containing Acceptable Waste,
Recyclable Materials and tied bundles of brush at the curbside on
the R.O.W. bearing such residential customer's address in such a
manner as to be easily accessible for collection and as to prevent
Acceptable Waste, Recyclable Materials and tied bundles of brush
from being scattered.
(5) Residential Containers: Each residential customer shall provide
and use containers (disposable or permanent) sufficient in number
to hold the Acceptable Waste accumulating on the premises. Only
the recycling containers furnished by Contractor shall be used for
Recyclable Materials.
(6) Special Waste: No residential customer shall place for collection,
or permit to be placed for collection, any Special Waste or
Unacceptable Waste.
(7) Time of Placement of Acceptable Waste and Recyclable Materials
in Containers: All appropriate containers and tied bundles of brush
required to be located at the curbside shall be placed at the
prescribed curbside locations not more than twelve hours prior to
the scheduled collection day and not later than 7:00 a.m. on the
scheduled collection day.
(8) Vines and Bushes: Each residential customer shall place all vines
and thorny bushes in disposable containers.
(9) Waste and Materials in Containers: Each residential customer
shall place all Acceptable Waste and Recyclable Materials
(including brush, if the size of the brush allows) in either
disposable containers, permanent containers, Bundles, or
recyclable containers.
b) Contractor's Duties and Obligations - Residential. It shall be the duty and
obligation of CONTRACTOR to perform the following services:
(1) Collection: CONTRACTOR agrees to make two (2) weekly
curbside take-all collections for Acceptable Waste and one (1)
weekly curbside collection for Recyclable Materials. The city shall
Ordinance No. 2972
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be divided into a North and a South division with roughly the same
number of single family residences in each. Collections from one
such division shall be picked up on Mondays and Thursdays and
collections from the other division shall be picked up on Tuesdays
and Fridays. The schedule shall be subject to approval of the City
manager or his designee. Collections for Recyclable Materials
from residential customers shall be on one of the same days that
Acceptable Waste is collected, with '/< of the residences receiving
recycling service on each of the four days. CONTRACTOR shall
not commence service to residential customers prior to 7:00 a.m.
and shall not pick up in residential areas after 7:00 p.m. Unusual,
emergency situations requiring a later one-time temporary change
in schedule shall be timely communicated to the City Manager or
his designated representative, prior to such temporary time
change being made. No collections will be made on Saturdays,
Sundays or holidays except as set forth in paragraph 6.m. (See
Section "6.m" for more information about holidays). The recycling
collection will be in addition to the regular twice weekly collection
of acceptable waste. CONTRACTOR shall pickup both regular
and backdoor service customers in the manner specified herein.
(2) Customer Service, Complaints, Supervisor: CONTRACTOR
agrees to designate and maintain a route supervisor for City and
to maintain an office located in Tarrant County with a local
telephone number for the purpose of handling complaints and
other calls regarding the collection service provided by
CONTRACTOR. CONTRACTOR agrees to secure an annual
listing in the appropriate telephone directory under the name by
which it conducts business in the community. CONTRACTOR
agrees to keep said phones available for calls from 7:00 a.m. to
5:00 p.m. every day except Saturday, Sunday and the holidays set
forth in Section (6.m) herein, and to keep said phone staffed with
sufficient competent personnel to handle calls and inquiries during
the above-mentioned hours. During the first 60 days of this
contract, CONTRACTOR shall maintain telephone call availability
from 7:00 a.m. to 7:00 p.m. Contractor shall also maintain voice
mail and web site access for complaints after 5:00 p.m.
Complaints received prior to 2:00 p.m. on any day for a missed or
incomplete pickup shall be collected that same day. Complaints
received after 2:00 p.m. on any day for a missed or incomplete
pickup shall receive priority and such solid waste or recyclables
which are the subject of the complaint shall be collected by 10:00
a.m. the following day. A daily log of all service calls, complaints,
inquiries and the action taken thereon, shall be maintained by
CONTRACTOR.
(3) Equipment and Services Furnished: CONTRACTOR agrees to
furnish trucks, equipment, machinery, tools, labor at its own
expense, to adequately, efficiently and properly collect and
dispose of Acceptable Waste or Recyclable Materials from
premises within the corporate limits of the CITY in a systematic,
clean, healthful, and sanitary manner. CONTRACTOR shall not be
Ordinance No. 2972
Page 8 of 27
responsible under this Contract for collecting and disposing of
Hazardous Waste, Special Waste or debris.
(4) Take-All Service: CONTRACTOR shall collect all Acceptable
Waste placed on the curb as part of the regular waste collection
cycle providing that the items are acceptable for landfill disposal
and the items are contained in permanent containers , temporary
containers, or Bundles. Brush must be Acceptable Brush.
Fencing material must be Acceptable Fencing material.
Construction debris must be Residential Construction Debris.
CONTRACTOR will collect up to four cubic yards of bundles and
bulky waste each week from each residential unit as part of
normal service collections. CONTRACTOR shall not be required
to collect any Unacceptable Waste or debris as defined herein.
CONTRACTOR shall also provide a separate special collection or
brush chipper service option to residents wishing to schedule the
collection of Loose Brush. There is a separate fee for such
service and shall be as described in Attachment A.
(5) Landfill Disposal and Vehicle Standards: CONTRACTOR agrees
that the Acceptable Waste collected will be disposed of in
compliance with the laws of the State of Texas. All vehicles used
by the CONTRACTOR for the collection and transportation of
Acceptable Waste or Recyclable Materials shall be protected at all
times while in transit to prevent leakage and the blowing or
scattering of materials or waste onto the public streets of CITY or
adjacent properties. Vehicles shall at all times be maintained in
good repair. Further, such vehicles shall be clearly marked with
CONTRACTOR'S name and phone number in letters not less than
four (4) inches in height and shall be individually numbered on
both sides and on the back of the truck. All collection equipment
shall be washed and deodorized as necessary, but at minimum
once each week, and shall be kept in sanitary condition. When
purchased, vehicles must meet the standards existing at the time
of purchase as set out by the TCEQ/EPA guidelines.
(6) Large Objects/Large Quantity: The CONTRACTOR agrees to
provide an on-call service for the collection of large objects and
quantities of debris, including temporary roll-off service. Upon
request by a customer, CONTRACTOR agrees to provide an
estimate of the cost to remove and dispose of such items and
upon mutual Contract between CONTRACTOR and customer, the
CONTRACTOR shall perform the service. The agreed upon fee
for the service shall be paid by the customer immediately upon
completion of the work performed.
(7) Multi-Family Unit Recycling: See Section 5.6. (8).
(8) Non-Collection Days: CONTRACTOR agrees that no collections
will be made on Saturdays, Sundays or Contract designated
holidays except for Saturday collection days required to make up
for holidays. (See Section "6.(m)" for more information about
holidays).
(9) Residential Recycling Containers: CONTRACTOR shall provide
each residential customer an eighteen (18) gallon container with
a lid at no charge, which shall be dedicated solely for the
Ordinance No. 2972
Page 9 of 27
collection of Recyclable Materials. Such container shall be
delivered to each residential customer by the CONTRACTOR
along with a brochure explaining how the container is to be used
and other information pertinent to the recycling service. The
CONTRACTOR shall charge a replacement cost as
recommended by the CONTRACTOR and approved by the City
Manager for any recycling container which is lost, stolen, or
destroyed after a residential customer is initially provided a
recycling container. The residential customer shall not be
responsible for any containers damaged or destroyed by
CONTRACTOR. Container must be approved by the City.
(10) Routes and Schedules: Collection routes shall be established for
the collection of Acceptable Waste and Recyclable Materials as
necessary to fulfill the requirements of this Contract. The
CONTRACTOR shall submit a map designating the collection
routes and proposed days of collection to the City for approval.
CONTRACTOR shall give the City thirty days advance notice prior
to any route change. All route changes must be approved by the
City Manager. CITY shall have the right to require alteration of
service to any premises wherein unsightly or unsanitary conditions
have resulted from inadequate containers or an insufficient
number of collections, and CONTRACTOR shall be compensated
for any such required additional services.
(11) Christmas Tree Recycling: See Section 6.d.
c) Residential Charges.
(1) Customer Billing: CITY agrees to bill all residential customers
served by CONTRACTOR. CITY further agrees to collect and
remit all sales taxes to the appropriate governmental authority.
(2) Payment to CONTRACTOR: CITY agrees to pay to
CONTRACTOR on or before the 25th day of each month the
appropriate charges as hereinafter provided:
(3) Residential Acceptable Waste Charges and Residential Recycling
Charges: CONTRACTOR agrees to pay a franchise fee to the
CITY in an amount equal to 4% of the gross billing (excluding all
appropriate sales taxes) from the collection of acceptable waste
and for recycling services within the corporate limits of the CITY
together with a billing and collection fee of 8% of the gross billing
(excluding all appropriate sales taxes) for a total of 12%. CITY
shall remit to the CONTRACTOR its check in the amount of 88%
of all amounts billed for residential solid waste and recycling
service for ACCEPTABLE WASTE and recyclables collected. The
12% not remitted for residential billings shall become the Property
of the CITY.
(4) Modification of Rates: CONTRACTOR shall maintain such
residential rates as shown in Attachment "A" until January 31,
2009. The residential rates effective on February 1, 2009 and
annually thereafter, will be calculated as follows: the rates shown
in Attachment "A" will be increased by the CPI for All Urban
Consumers (CPI-U, Series ID CUURA316SAO,CUUSA316SSA0)
Ordinance No. 2972
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for the Dallas-Fort Worth, Texas Area for the previous twelve
months according to the most recently published data from the
Bureau of Labor Statistics of the U.S. Department of Labor or
3.25% whichever is greater; except that the increase will not
exceed 4.5% for any one year. In addition, an additional increase
("Other Increase") may be requested by the CONTRACTOR no
more often than once per year for extraordinary expenses not
covered by the CPI, such as Federal, Local or State mandates or
other extraordinary operating expenses directly related to the
provision of the services under this Contract over and above what
is in existence at the time the contract is initiated. In support of
any additional request, CONTRACTOR shall furnish evidence as
to the need for the Other Increase to the City Manager, or
designee. If the City Manager agrees with the Other Increase,
then the City Manager will recommend acceptance of the Other
Increase to the City Council for its approval, disapproval, or
modification. If the City Manager does not agree with the Other
Increase, CONTRACTOR and the City Manager, or designee, will
attempt in good faith to agree to an amount of the Other Increase
that the City Manager will recommend to the City Council for its
approval, disapproval, or modification. If no agreement can be
reached, and the CONTRACTOR chooses, the City Manager will
submit the Other Increase to the City Council for its approval,
disapproval, or modification.
(5) Residential Acceptable Waste: CITY and CONTRACTOR agree
that the MONTHLY CUSTOMER SERVICE CHARGE for
residential customers shall be as described on ATTACHMENT
~~A„
(6) Residential Recycling: CITY and CONTRACTOR agree that the
curbside residential recycling monthly service charge shall be as
provided in Attachment "A". Residents 65 years of age and older
and/or permanently disabled (upon satisfactory proof of age or
disability) may execute a request for an exemption of 75¢. If
requested, the CITY will grant an exemption to each head of
household 65 years of age and above or permanently disabled an
amount of 75¢ from the curbside Recycling charge. The CITY will
remit to the CONTRACTOR the amount normally submitted to the
CONTRACTOR for each regular account, less the 75¢.
5. Commercial, Industrial. Institutional and Multi-Familv
a) Duties and Obligations of Commercial, Industrial, Institutional and Multi-
Family Customers. Every owner, agent, employee or person otherwise in
charge of any commercial, institutional, industrial and multi-family
premises within the CITY ("commercial customer") shall have the
following duties and obligations:
(1) Containers Secured: Each commercial and multi-family customer
shall keep all commercial containers pursuant to the City's Zoning
Ordinance and in such a manner as to prevent the scattering of
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the contents thereof and to render said contents inaccessible to
insects, rodents and other animals.
(2) Draining Liquids: Each commercial and multi-family customer shall
drain all Acceptable Waste or Recyclable Materials mixed with
water or other liquids before placing same into a commercial
container, and, further, no commercial or multi-family customer
shall place for collection, or permit to be placed for collection, any
Unacceptable Waste, Hazardous Waste or Special Waste.
(3) Sufficient Containers: Each commercial and multi-family customer
shall be provided by CONTRACTOR containers sufficient in
number to hold the Acceptable Waste or Recyclable Materials
accumulating on the premises.
(4) Waste and Materials in Containers: Each commercial and multi-
family customer shall cause all Acceptable Waste or Recyclable
Materials accumulating on such premises to be placed in
commercial containers. Commercial and multi-family customers
shall place said containers in a certain designated location which
is agreed to by CONTRACTOR and customer, bearing such
customer's address for collection at the same time and in the
same manner as is provided for residential refuse collection. The
location of the customer's container shall be placed such that no
damage results to the pavement or asphalt surfaces.
CONTRACTOR shall not be liable for damages to pavement or
asphalt surfaces, which result from the container being placed in
such location.
(5) Other Waste: Any company which produces on a regular basis
industrial, manufacturing, or commercial products which have a
residual value in the open market or that produce significant and
constant wastes, such as cardboard from their business, may sell
and market said products in a manner determined by the
individual company and are not required to utilize the
CONTRACTOR for this service. If such companies use other, non-
Contractor commercial/industrial recyclers for such waste, such
recyclers shall conform to and be permitted or franchised as
apparent under City of North Richland Hills' rules and regulations.
Any questions or disputes shall be resolved at the discretion of the
City Manager.
(6) Other Recycling: Any company desiring to recycle wastes that are
not or cannot be recycled by CONTRACTOR shall only use such
commercial industrial recycling company that has a current permit
or franchise in North Richland Hills.
b) Contractor's Duties and Obligations - Commercial. Industrial. Institutional
and Multi-Family. It shall be the duty and obligation of CONTRACTOR to
perform the following services:
(1) Containers: CONTRACTOR shall provide all commercial
containers for Acceptable Waste or Recyclable Materials storage
which are available upon request of the owner or occupant of any
premises within the corporate limits of CITY, excluding single
family and two family residences. The commercial containers
Ordinance No. 2972
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provided by CONTRACTOR shall be (i) equipped with suitable
covers to prevent blowing or scattering of Acceptable Waste or
Recyclable Materials while being transported for disposal of their
contents, (ii) maintained in good repair, appearance, and in a
sanitary condition, and (iii) clearly marked with the
CONTRACTOR'S name and telephone number in letters not less
than two (2) inches in height, and (iv) emptied not less than one
time each week. CONTRACTOR shall provide to commercial
customers, containers sufficient in number and size to hold all of
the customer's Acceptable Waste and Recyclable Materials.
(2) Customer Service, Complaints, Supervisor: CONTRACTOR
agrees to designate and maintain a route supervisor for City and
to maintain an office located in Tarrant County with a local
telephone number for the purpose of handling complaints and
other calls regarding the collection service provided by
CONTRACTOR. CONTRACTOR agrees to secure an annual
listing in the appropriate telephone directory under the name by
which it conducts business in the community. CONTRACTOR
agrees to keep said phones available for calls from 7:00 a.m. to
5:00 p.m. every day except Saturday, Sunday and the holidays set
forth in Section (6.m) herein, and to keep said phone staffed with
sufficient competent personnel to handle calls and inquiries during
the above-mentioned hours. During the first 60 days of this
contract, CONTRACTOR shall maintain telephone call availability
from 7:00 a.m. to 7:00 p.m. Contractor shall also maintain voice
mail and web site access for complaints after 5:00 p.m.
Complaints received after noon on any day for a missed or
incomplete pickup shall receive priority and such solid waste or
recyclables which are the subject of the complaint shall be
collected by 10:00 a.m. the following day. A daily log of all service
calls, complaints, inquiries and the action taken thereon, shall be
maintained by CONTRACTOR.
(3) Equipment Furnished: CONTRACTOR agrees to furnish trucks,
equipment, machinery, tools, labor at its own expense, to
adequately, efficiently and properly collect and dispose of
Acceptable Waste or Recyclable Materials from premises within
the corporate limits of the City in a systematic, clean, healthful,
and sanitary manner. CONTRACTOR shall not be responsible
under this Contract for collecting and disposing of Hazardous
Waste, Special Waste or debris.
(4) Large Objects/Large Quantity: The CONTRACTOR agrees to
provide an on-call service for the collection of large objects and
quantities of debris, including temporary roll-off service. Upon
request by a customer, CONTRACTOR agrees to provide an
estimate of the cost to remove and dispose of such items and
upon mutual Contract between CONTRACTOR shall perform the
service. The agreed upon fee for the service shall be paid by the
customer immediately upon completion of the work performed.
(5) Lawful Disposal: CONTRACTOR agrees that the Acceptable
Waste collected will be disposed of in compliance with the laws of
Ordinance No. 2972
Page 13 of 27
the State of Texas. All vehicles used by the CONTRACTOR for
the collection and transportation of Acceptable Waste or
Recyclable Materials shall be protected at all times while in transit
to prevent leakage and the blowing or scattering of materials ar
waste onto the public streets of CITY or properties adjacent
thereto and shall at all times be maintained in good repair.
Further, such vehicles shall be clearly marked with
CONTRACTORS name in letters not less than four (4) inches in
height and shall be individually numbered. All collection equipment
shall be washed and deodorized as necessary, but at minimum
once each week, and shall be kept in sanitary condition. Vehicles
must meet the current standards set out by the TCEQ/EPA
guidelines.
(6) Non-Collection Days: CONTRACTOR agrees that no collections
will be made on Saturdays, Sundays, or Contract designated
holidays except for commercial accounts that require collection on
these dates. (See Section "6.(m)" for more information about
holidays).
(7) Routes and Schedules: Collection routes shall be established for
the collection of Acceptable Waste and Recyclable Materials as
necessary to fulfill the requirements of this Contract. The
CONTRACTOR shall submit a map designating the collection
routes and proposed days of collection to the City for approval.
CONTRACTOR shall give the City thirty days advance notice prior
to any route change. All route changes must be approved by the
City Manager. CITY shall have the right to require alteration of
service to any premises wherein unsightly or unsanitary conditions
have resulted from inadequate containers or an insufficient
number of collections, and CONTRACTOR shall be compensated
for any such required additional services. CONTRACTOR shall
adjust schedules and times of collection to avoid disturbance of
residential areas when picking up from commercial, industrial and
institutional customers prior to 7:00 a.m.
(8) Multi-Family Unit Recycling: CONTRACTOR agrees to work with
City and multi-family complexes to develop workable methods for
multi-family unit recycling. The fees for such recycling services
will be agreed to by the parties. Some of the options that may be
considered are as follows:
Option 1 Cluster Service: In this option clusters are
distributed throughout the complex. A cluster is an
arrangement of three 96-gallon carts with decals to
identify the material they accept. One is for
newspaper, magazines and catalogs. The other two
are for glass bottles, plastic bottles #1,2,3,4,5 & 7,
tin aluminum and steel. These clusters are
distributed at the rate of one cluster per 50 units.
The clusters are serviced once per week by the
same residential recycling truck for the adjacent
Ordinance No. 2972
Page 14 of 27
residential neighborhood. Rates will be established
by mutual consent of CONTRACTOR and CITY.
Option 2 Full Program: (Clusters and apartment recycling
bin) Clusters, apartment recycling bins and all the
necessary educational materials are provided.
Each unit on the complex receives a nine-(9) gallon
apartment recycling bin to keep in their own
individual living unit. Bins are similar to residential
bins but smaller and equipped with handles. The
full program option is serviced each week by the
same residential recycling truck for the adjacent
residential neighborhood. Rates are established by
mutual consent of the CONTRACTOR and CITY.
CONTRACTOR will be responsible for working with multi-family complex owners
and operators to develop working methods for recycling
(9) General Recycling: CONTRACTOR agrees to provide recycling
services upon request to commercial, industrial and multi-family
customers. In the event it is not cost effective for CONTRACTOR
to make such services available, it has the right to decline. It is
understood that customers can engage a permitted or franchised
commercial hauler to collect solely and pure recyclable materials if
clearly separated in a recyclable container only at customer's
location.
c) Commercial, Industrial, Institutional and Multi-Family Charges.
(1) Commercial, Industrial, Institutional and Multi-Family Acceptable
Waste: CITY and CONTRACTOR agree that the monthly service
charges for commercial, industrial, institutional and multi-family
Acceptable Waste shall be provided in ATTACHMENT "A", which
is attached hereto and incorporated herein by reference.
(2) Modification of Rates: CONTRACTOR shall maintain such
Commercial, Industrial, Institutional and Multi-Family Charges
rates as shown in Attachment "A" until January 31, 2009. The
Commercial, Industrial, Institutional and Multi-Family Charges
rates effective on February 1, 2009 and annually thereafter, will be
calculated as follows: the rates shown in Attachment "A" will be
increased by the CPI for All Urban Consumers (CPI-U, Series ID
CUURA316SAO,CUUSA316SA0) for the Dallas-Fort Worth, Texas
Area for the previous twelve months according to the most
recently published data from the Bureau of Labor Statistics of the
U.S. Department of Labor or 3.25% whichever is greater; except
that the increase will not exceed 4.5% for any one year. In
addition, an additional increase ("Other Increase") may be
requested by the CONTRACTOR no more often than once per
year for extraordinary expenses not covered by the CPI, such as
Federal, Local or State mandates or other extraordinary operating
expenses directly related to the provision of the services under
Ordinance No. 2972
Page 15 of 27
this Contract over and above what is in existence at the time the
contract is initiated. In support of any additional request,
CONTRACTOR shall furnish evidence as to the need for the
Other Increase to the City Manager, or designee. If the City
Manager agrees with the Other Increase, then the City Manager
will recommend acceptance of the Other Increase to the City
Council for its approval, disapproval, or modification. If the City
Manager does not agree with the Other Increase, CONTRACTOR
and the City Manager, or designee, will attempt in good faith to
agree to an amount of the Other Increase that the City Manager
will recommend to the City Council. If an agreement is reached,
City Manager will recommend the agreed upon Other Increase to
the City Council for its approval, disapproval, or modification. If no
agreement can be reached, and the CONTRACTOR chooses, the
City Manager will submit the Other Increase to the City Council for
its approval, disapproval, or modification billing.
(3) Customer Billing: City agrees to bill for all permanent and regularly
scheduled commercial, industrial, institutional and multi-family
customers served by the Contractor. Contractor agrees to bill for
temporary container service. Contractor will submit to the City
within two days following the end of each calendar month a detail
and summary report for all permanent and regularly scheduled
customers for billing purposes. Detail and summary reports must
balance. Contractor will submit, for informational purposes, a
listing of the temporary container services the Contractor billed,
which includes customer name, address, service type and
charges. City further agrees to collect and remit all sales taxes to
the appropriate governmental authority.
(4) Payment to CONTRACTOR: CITY agrees to pay to
CONTRACTOR on or before the 25th day of each month the
appropriate charges as hereinafter provided:
(5) Commercial, Industrial, Institutional and Multi-Family Recycling
Charges: The service charge for commercial, industrial,
institutional and multi-family recyclable materials collection shall
be negotiated between the CONTRACTOR and customer and
submitted to CITY for billing.
(6) Commercial, Industrial, Institutional and Multi-Family Acceptable
Waste Charges and Commercial, Industrial, Institutional and Multi-
Family Recycling Charges: CONTRACTOR agrees to pay a
franchise fee to the CITY in an amount equal to 4% of the gross
billing (excluding all appropriate sales taxes) from the collection of
acceptable waste and for recycling services within the corporate
limits of the CITY together with a billing and collection fee of 6%
of the gross billing (excluding all appropriate sales taxes) for a
total of 10%. CITY shall remit to the CONTRACTOR its check in
the amount of 90% of all amounts billed for Commercial,
Industrial, Institutional and Multi-Family Acceptable Waste service
and Commercial, Industrial, Institutional and Multi-Family
Recycling Service. The 10% not remitted for Commercial,
Industrial, Institutional and Multi-Family Acceptable Waste service
Ordinance No. 2972
Page 16 of 27
and Commercial, Industrial, Institutional and Multi-Family
Recycling billings shall become the Property of the CITY.
6. Miscellaneous
a) Assignment of Contract: This Contract and any and all rights and
obligations of CONTRACTOR hereunder may be assigned by
CONTRACTOR to any parent company, affiliate, or subsidiary of
CONTRACTOR without the consent of the CITY, but may be assigned to
any other third party only with the prior written consent of the CITY's City
Council.
b) Applicable Law: CITY and CONTRACTOR (and customers) shall comply
with all rules and regulations of any federal, state, or local authority. In
this regard, CONTRACTOR shall not be required to collect and dispose of
any Special Wastes, or any other improper waste. Should CONTRACTOR
elect to dispose of such materials, CONTRACTOR shall receive a fee or
charge mutually acceptable to CONTRACTOR and the party requesting
disposal of such materials. CONTRACTOR further agrees to comply with
all applicable state and federal laws regulating collection and disposal of
waste, and to hold the City harmless of and from all claims and demands
of any persons or governmental agency in connection with its landfills.
c) Bad Debt Collections and Write-Offs: The CITY will diligently pursue the
collection of bad debts and those which are deemed uncollectible after 90
days will be written off by the CITY and write-offs will be adjusted
(deducted) from CONTRACTOR'S monthly payment following the quarter
of the write-offs. Although write-offs will be made, CITY will continue to
pursue collection and any bad debts collected after any quarterly payment
adjustment will be added to the next monthly payment to the
CONTRACTOR.
d) Christmas Tree Recycling: Trees placed at curbside with plastic or other
contaminants shall be collected and disposed of as part of regular trash
collection and not as part of recycling collections. CONTRACTOR shall
collect Christmas trees without plastic or other contaminants at curbside
on two dates selected and publicized by CONTRACTOR and either
transport such trees to a site designated by CITY, or a site of
CONTRACTOR's choosing where CONTRACTOR shall grind the trees
into mulch and return such mulch to CITY for use by the CITY as it
chooses
e) City Liaison: CONTRACTOR and CITY agree that the City Manager will
be the authority for the approval of charges for any service not
contemplated by this Contract and for the disposition of any dispute
between customer and CONTRACTOR. The CITY may designate a CITY
employee to act as an enforcement office hereunder and to act as a
liaison between the CITY and CONTRACTOR.
f) City Ordinances: CITY agrees to pass such ordinances as are necessary
to effectuate all terms of this Contract including all duties and obligations
required of residential and commercial customers.
g) Contract Execution: This Contract may be executed in any number of
counterparts, each of which will for all purposes be deemed to be an
original, and all of which are identical.
Ordinance No. 2972
Page 17 of 27
h) Contract Validity: If any provision or portion of this Contract is for any
reason unenforceable, inapplicable, or invalidated then such provision or
portion shall be reformed in accordance with applicable laws and the
other provisions hereof will remain in full force and effect in the same
manner as if such unenforceable, inapplicable or invalidated provision
had never been contained herein. The invalidity, inapplicability, or
unenforceability of any provision or portion of this Contract shall not affect
the validity, applicability or enforceability of the other provisions or
portions of this Contract.
i) Contractor Liability Insurance: CONTRACTOR assumes all risk of loss or
injury to property or persons arising from any of its operations under this
Contract, and agrees to indemnify and hold harmless the CITY from all
claims, demands, suits, judgments, costs or expenses arising from any
such loss or injury. It is expressly understood that the foregoing
provisions shall not in any way limit liability of CONTRACTOR.
CONTRACTOR agrees to carry the following types on insurance (any of
the insurance coverage required herein may in part, or in whole, come
from self funded, ERISA, or self insurance plans):
Coveraqe
Worker's Compensation
Automobile Liability
Limits of Liabilitv
Statutory
$1,000,000 Combined Single Limit,
bodily injury and property damage
combined
General Liability
Property Damage Liability
Except Automobile
Excess Liability Coverage
$1,000,000 Combined Single Limit,
bodily injury and property damage
combined
$1,000,000 each occurrence
$2,000,000 aggregate
$2,000,000 aggregate
CONTRACTOR agrees to furnish the CITY Certificates of Insurance evidencing that
such insurance has been procured and is in force.
CONTRACTOR agrees to indemnify CITY from any and all claims arising out of any
failure by CONTRACTOR to provide workers' compensation, or its equivalent, as required by
state law and this Contract.
j) Performance Bond: The successful CONTRACTOR shall be required to
furnish a performance bond as security for the faithful performance of this
Contract. Said performance bond must be in an amount equal to
$250,000 and must remain in effect for the term of this contract and any
extension hereof.
Ordinance No. 2972
Page 18 of 27
The CONTRACTOR shall pay any and all premiums for the bonds
described above. A certificate from the surety showing that the bond
premiums are paid in full shall be submitted to the CITY on an annual
basis for the duration of the contract.
k) Customer Service: CONTRACTOR shall provide responsive customer
service and maintain sufficient staffing thereto. Any and all reports of
missed or incomplete pickups received prior to 2:00 p.m. shall be
"resolved" by the end of the CONTRACTOR'S work day. Any and all such
reports received after 2:00 p.m. shall be "resolved" before 10:00 a.m. the
following day. CONTRACTOR will pay a$25.00 per occurrence penalty
to CITY for each missed collection if not picked up within the remedy
period provided herein or in Paragraph 4(b)(2). If the same address is
missed and not picked up within the remedy period more than three times
in any 90 day period, the penalty to be paid by CONTRACTOR shall be
doubled. The City Manager will make the final determination as to
whether the issue was "resolved." CONTRACTOR will respond to and
initiate action to resolve any other complaints within 24 hours.
If CONTRACTOR has more than ten (10) instances during a 30 day
period in which the missed or incomplete pickup is not "resolved" as set
forth above ("EvenY'), the CITY may deduct from the consideration to be
paid CONTRACTOR, as a penalty, the sum of $1,000 for the Event.
CONTRACTOR agrees not to place Recyclable Materials, which are in
Recycling Containers, into trucks carrying other Acceptable Waste. If
CONTRACTOR has ten (10) or more confirmed instances of violating the
foregoing sentence, then CONTRACTOR will pay $25.00 per occurrence
as a penalty for each such violation, however in no event shall such
penalties exceed $1,000 in any thirty (30) day period. The City
Manager's decision is final as to whether a violation is confirmed.
If CONTRACTOR is unable to provide service to a substantial number of
customers on a particular day ("Major Non-Service Event"), and this Major
Non-Service Event is not caused by a Force Majeure, the CITY may
expedite the times set forth in Paragraph 6(t) as follows:
(1) The CONTRACTOR shall be allowed a ten (10) day period to cure
pursuant to Paragraph 6(t)(1),
(2) The CITY may demand that the hearing before the City Manager
or his designated representative as set forth in paragraph 6(t)(2)
can be held on only 48 hour notice to CONTRACTOR; and
(3) The CITY may demand that the hearing before the City Council as
set forth in paragraph (6)(t)(3) can be held on 10 days notice to
CONTRACTOR.
The CONTRACTOR shall provide one contact person (name and phone
#) for any and all complaints and requests from City staff. The
CONTRACTOR shall monitor its own operations for efficiency and shall
periodically perform customer satisfaction surveys.
Ordinance No. 2972
Page 19 of 27
I) Free Service to City: CONTRACTOR shall provide free pickup and
disposal, in manners specified by the City, for all City owned facilities,
except CONTRACTOR will not provide free pickup and disposal for City
owned facilities that are managed or operated by private third parties,
excluding Iron Horse Golf Course, for which CONTRACTOR will provide
free service. CONTRACTOR will provide eighty-four (84) roll off hauls
annually at no charge for all other City properties, events and facilities,
including NRH2O Family Water Park and Iron Horse Golf Course. These
free 84 roll off hauls also include community cleanup programs as defined
by the City. These programs are conducted on four (4) Saturdays per
year. The City will require six (6) of these 84 roll offs for participation in
Texas Recycles Day, Trinity Trash Bash, Fall Community Clean Ups and
Great American Cleanup. The City shall also have free dumping
privileges of up to 400 cubic yards of waste per month during the term of
this agreement at the nearest landfill or transfer station used by the
CONTRACTOR. All amounts in excess of 400 cubic yards of waste per
month will be provided at the rate shown on Attachment "B". Free
dumping is interpreted as meaning no charge or cost assessed to the
CITY. CONTRACTOR shall also provide at no cost or fee to the CITY all
services, materials, and equipment related to the City's workplace
recycling program.
m) Holidays/Make-Up Days: CITY and CONTRACTOR agree that the
following days shall be recognized as holidays:
New Years Day Thanksgiving Day
Independence Day Christmas Day
Labor Day
The CONTRACTOR must provide a make-up day the next working day following
the holiday, so that each customer receives the same number of collection days
as would normally be received in a non-holiday week. For a Monday holiday,
Monday and Tuesday pickup will be delayed by one day. For a Tuesday
holiday, Tuesday pick-up will be on Wednesday. For a Thursday holiday,
Thursday and Friday pick-up will be delayed by one day. For a Friday holiday,
Friday pick-up will be on Saturday.
If a necessity arises the CONTRACTOR believes warrants collection services on
a designated holiday, approval shall be obtained from the City Manager or his
designated representative, at least 24 hours prior to holiday collection.
CONTRACTOR will be solely responsible for timely notification of the affected
customers of this holiday pick up.
n) Hazardous and inclement Weather Days: On icy, snow or other
hazardous or inclement weather days when public schools in the Birdville
ISD are closed, CONTRACTOR may elect to suspend service for that
day, subject to notification of the City Manager, or his designated
representative. No make-up day for missed weather day is required of
CONTRACTOR.
CONTRACTOR shall be solely responsible for timely notifying customers
of this temporary suspension of service.
Ordinance No. 2972
Page 20 of 27
o) Interruption in Service: In the event that the collection and disposal of
Acceptable Waste or Recyclable Materials should be interrupted by any
reason for more than forty-eight (48) hours, CITY shall have the right to
make temporary independent arrangements for the purposes of
continuing this necessary service to its residents in order to provide and
protect the public heath and safety.
If the interruption in service mentioned in the paragraph above continues
for a period of seventy-two (72) hours, and is not caused by a
catastrophe, riot, war, governmental order or regulation, strike, fire,
accident, act of God, changes in laws statutes, regulations or ordinances
or 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.
p) Investigations and Public Hearings: The City Council shall have full power
to examine or cause to be examined at any time, and at all times, the
books, papers and records of CONTRACTOR with relation to the
operation of the services set forth herein. In this connection, the CITY
shall have the right, through its Council, to take testimony and 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.
q) Judicial Interpretation: CITY and CONTRACTOR agree that if any term or
provision of this Contract is submitted to a court for judicial interpretation
that such court shall not apply the presumption which results from the rule
of construction that a document or its contents is to be construed against
the person who himself or through his agent prepared the same.
r) 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 the CONTRACTOR missed a pickup) the
decision of the City Manager in such matter shall be final and 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 brush,
permanent containers, disposable containers, Recyclable Materials or
commercial containers out, maintains improper or inadequate containers
for the nature, volume, or weight of Acceptable Waste or Recyclable
Materials for collection, CONTRACTOR may refrain from collecting all or
a portion of such Acceptable Waste or Recyclable Materials and shall
notify CITY of the reason for 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 brush or containers out for collection).
Contractor's notice to the customer shall be in writing, attached to the
container or the front door of the residence or commercial business, and
shall indicate the nature of the violation and the correction required in
Ordinance No. 2972
Page 21 of 27
order that such waste or recycling materials may then be collected at the
next regular collection date.
When CITY is notified by a customer that Acceptable Waste or
Recyclable Materials have 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 disclosed that CONTRACTOR
HAS FAILED TO COLLECT Acceptable Waste or Recyclable Materials
from the subject premises without cause, CONTRACTOR shall collect
same within twelve (12) hours after a collection order is issued by CITY,
at no additional charge.
s) Records and Reports: The CITY shall have access at all reasonable
hours to all CONTRACTOR'S records, customer service cards, and all
papers relating to the operation of the services set forth herein. CITY shall
have the right to audit CONTRACTOR'S records upon giving written
notice.
The following records and reports shall be emailed monthly to the City
Manager or his designee by the fifteenth (15th) day of each month in a
format which can be electronically sorted as to each of the items specified
below:
(1) Complaint list containing at least the street address, complaint
code, date and time of complaint and the date and time of
resolution;
(2) Customer service reports detailing call received, nature of calls
and response times;
(3) Reports of results of all complaint received and investigations
completed by CONTRACTOR;
(4) Adequate report on recyclable collections will be submitted and
shall include the number, percentage of households participating,
tonnage (by category) of recyclable, dollars generated for items
sold, and where and how the recyclables were disposed of.
(5) CONTRACTOR will provide a monthly report on cubic yards of
solid waste deposited at the landfill from North Richland Hills. The
report will include a breakdown of how much is from residential
customers, commercial industrial customers, CITY facilities, and
landfill days.
(6) A monthly listing of all commercial accounts served. This list shall
include customer's name, address, frequency of pickup, size of
container or type of service and charges for same.
t) Termination for Cause: If, at any time, the CONTRACTOR shall fail to
substantially perform terms, covenants or conditions herein set forth, the
following steps shall be taken:
(1) CITY shall notify the CONTRACTOR by registered or certified mail
the specific reason in support of the CITY'S claim that the
CONTRACTOR has substantially breached the terms and
provisions of the contract. CONTRACTOR shall be allowed a thirty
Ordinance No. 2972
Page 22 of 27
(30) day period from the date of receipt of said notice from CITY to
remedy any failure to perform.
(2) Should the CONTRACTOR fail to remedy its performance after
thirty (30) days, a hearing shall be held with the City Manager or
his designated representative. Written notice shall be sent to the
CONTRACTOR of the date and time of the hearing. The City
Manager or his designated representative may recommend that
the CONTRACTOR has failed to remedy performance and that a
termination hearing be held by the City Council or that a correction
plan be approved to allow for the needed remediation by the
CONTRACTOR.
(3) Should the CITY deem the CONTRACTOR to have failed to
remedy performance, a hearing shall be conducted in public by
the City Council. A notice shall be sent to the CONTRACTOR no
earlier than ten (10) days before the scheduled hearing. The
notice shall specify the time and place of said hearing and shall
include the specific reasons in support of the CITY'S claim that the
CONTRACTOR has substantially breached the terms and
provisions of this contract. The CONTRACTOR shall be allowed to
be present and shall be given full opportunity to answer such
claims as are set out against it in aforesaid notice. If, after said
public hearing, the City Council makes a finding that the
CONTRACTOR has failed to perform the contract, its clauses and
tenants, the City Council may, by majority vote, or other voting
rule as determined by the Council, terminate the contract.
Contract termination date shall be effective six months from such
findings. This Contract 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.
u) Termination for Cause: Nothing herein waives or impairs
CONTRACTOR's rights to terminate the Contract pursuant to law
upon a material breach by the CITY. Provided, however,
CONTRACTOR shall notify CITY by certified mail addressed to the
CITY at the address set forth herein of specific reasons in support
of CONTRACTOR's claim that CITY has breached the terms and
provisions of this Contract. CITY shall be allowed thirty (30) days
from the date of receipt of notice to remedy any alleged breach.
Should the CITY fail to remedy issues related to the alleged breach
of said Contract conditions, then CONTRACTOR may terminate the
Contract.
v) School Recycling: The CONTRACTOR shall coordinate recycling efforts
with the Birdville ISD at rates agreed upon by the CONTRACTOR and
Birdville ISD.
w) Spillage: CONTRACTOR will not be required to clean up or collect loose
residential Acceptable Waste or Recyclable Materials not created by its
operation, but if same is not collected by CONTRACTOR,
CONTRACTOR shall report the location of such conditions to CITY so
that proper notice can be given to the occupant of the residence to
Ordinance No. 2972
Page 23 of 27
properly contain such waste or materials. Spillage or excess Acceptable
Waste or Recyclable Materials at the location of commercial containers
may be picked up by CONTRACTOR after the customer reloads the
commercial container. CONTRACTOR shall then be entitled to, and shall
receive, an extra collection charge for each reloaded container requiring
an extra collection provided CONTRACTOR notifies CITY of such extras
charge in time for same to be included by CITY in such customer's
monthly bills. Should such commercial spillage continue to occur, CITY
shall require the commercial customer and CONTRACTOR to increase
the frequency of collection of such customer's Acceptable Waste or
Recyclable Materials or require the customer to utilize a commercial
container with a larger capacity and CONTRACTOR shall be
compensated for such additional services.
x) CONTRACTOR shall provide City at no charge appropriately sized
recycling containers and once per week recycling service at each City
facility.
CONTRACTOR agrees to participate in Texas Recycles Day, Trinity
Trash Bash, Spring and Fall Community Clean Ups and Great American
Clean Up events each year, providing commercial containers and
banners as determined appropriate by CONTRACTOR for each event.
CONTRACTOR shall contribute annually, beginning on February 1, 2008
and each year thereafter for the term of the contract, the sum of Fifteen
Thousand Dollars ($15,000) for use by the North Richland Hills
Beautification Committee.
CONTRACTOR shall contribute annually, beginning on February 1, 2008
and each year thereafter for the term of the contract, the sum of Ten
Thousand Dollars ($10,000) for the City of North Richland Hills Senior
Citizen Programming.
y) CONTRACTOR agrees that for the initial term of this Contract if it
enters into a substantially similar solid waste collection and
recycling services agreement ("Similar Contract") with another city
within Northeast Tarrant County, as defined below, on terms that
are, in total, more favorable than the terms of this Contract, the City
may elect to modify this Contract by replacing all terms of this
Contract with the terms of the Similar Contract that are related to
the setting of rates ("Modified Contract"). The City must give
written notice of this election to CONTRACTOR. The notice shall
include the City's proposed Modified Contract. The parties
acknowledge that the following, without limitation, will affect
whether a solid waste collection and recycling services agreement
is substantially similar or whether the terms are, in total, more
favorable than the terms of this Contract: 1) volume per service
unit of solid waste and recyclable materials, 2) term, and any
options to extend the term, of the other agreement, 3) amount and
mix of commercial, residential, institutional, multi-family, and
Ordinance No. 2972
Page 24 of 27
industrial accounts, 4) frequency of pick up services for solid waste
and recycling, 5) ownership of and accessibility to a landfill, 6)
whether CONTRACTOR is required to acquire new assets and
employees, 7) free services provided by CONTRACTOR to the City
or any required donations by CONTRACTOR, 8) the type and
charge for solid waste disposal for bulky material and brush and
trees, 9) time allowed for CONTRACTOR to perform its duties, 10)
regulations regarding resolving customer complaints, 11) the
existence and amount of CPI adjustment allowed, and 12) changes
in applicable statutes, rules and regulations. This list is not
intended to be exclusive. Northeast Tarrant County cities shall be
defined as: Richland Hills, Haltom City, Watauga, Colleyville, Hurst,
Euless, Bedford, Keller, Southlake, Westlake and Grapevine.
IN WITNESS WHEREOF, the parties have executed this contract upon the year
and date indicated beneath their signatures hereto.
CITY OF NORTH RICHLAND HILLS CONTRACTOR
By:
Larry J. Cunningham, City Manager
DATE:
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
By:
TITLE:
DATE:
ATTEST
Ordinance No. 2972
Page 25 of 27
SOLID WASTE AND RECYCLING CONTRACT
EXHIBIT A
RATE SCHEDULE - COLLECTION RATES
RESIDENTIAL RATES
Contract
Service Level Rate
Residential Curbside $ 7.11
Recycling Curbside S 1.98
Residential & Recycling Curbside Total S 9.09
Residential Curbside W/Recycling - Sr. Citizen $ 8,34
Residential Backdoor Service $ ~ 7,7g
Residential Backdoor Recycling $ 4.16
Backdoor Recycling-Senior Citizen $ 3.41
COMMERCIAL RATES
Cnmmn~nt~l bnn~ 1 ..~.1 0..~..e
Size lxwk 2xwk 3xwk 4xwk Sxwk 6xwk Extra
2 cubic ard $ 46.20 S 86.95 $ 115.79 $ 168.96 $ 204.60 $ 231.00 $ 20.50
3 cubic ard $ 65.56 $ 114.66 S 151.44 $ 201.91 $ 248.95 $ 292.12 $ 26.00
4 cubic ard $ 79.20 $ 138.71 S 191.40 $ 249.69 $ 301.44 $ 360.56 $ 33.00
6 cubic ard $ 10032 $ 190.08 $ 269.28 $ 351.12 $ 434.28 $ 513.48 $ 46.50
8 cubic ard $ 116.16 $ 233.64 $ 326.04 $ 413.16 $ 518.76 $ 62436 $ 56.00
F~.,.,+ i n~ii Cmm~~w~n. D~~..s
Size 1xwk 2xwk 3xwk 4xwk 5xwk 6xwk Extra
6 cubic ard $ 315.97 $ 631.94 S 947.91 $ 1 263.87 $ 1 579.84 $ 1 895.82 $ 78.96
8 cubic ard $ 38434 $ 768.69 S 1 153.03 $ 1 53739 $ 1 921.74 $ 2,306.09 $ 96.07
r..».».e...~e~ o..u na n_•__
Size
T e
Delive
Dail Rental Rate per
haul
De osit
20 ard O en $ 100.00 $ 5.50 $ 303.86 $ 400.00
30 ard O en $ 100.00 $ 5.50 $ 363.00 $ 400.00
40 ard O en S 100.00 S 5.50 $ 415.80 S 400.00
(_mm~~rfud Qnll AK De~se
Size
T e
Delive
Dail Rental Rate per
haul
De osit
30 ard Com NEGO NEGO S 394.42 NEGO
34 ard Com NEGO NEGO S 437.05 NEGO
35 ard Com NEGO NEGO S 437.05 NEGO
40 ard Com NEGO NEGO S 479.69 NEGO
42 ard Com NEGO NEGO S 496.74 NEGO
Commercial Handload Rate S 23.42 Twice per week service, limit 4 bags per collection
Containers with casters $ 15.00 per month
Locks or gates S 1.32 per lift
Brush Chipper Service S 125.00 per hour - 1 hour minimum charge
Loose brush - residential S 10.00 per cubic yard
Caster & Lockbar Charge S 65.00 1 time installation fee
Ordinance No. 2972
Page 26 of 27
Exhibit B
ARLINGTON LANDFILL
(Leased and Operated by Republic Waste Services of TX, LTD)
City of North Richland Hills "Landflll Rate Schedule"
GATE RATE SCHEDULE
(Effective February 1, 2008)
ORIGIN 03 North Richland Hilis Residents
VEHICLE SIZE VALID DRIVERS LICEN3E REQUIRED
AUTOMOBILES STATION WAGON3 PICKUPS S6lvehicle
or u oa an ortra er oa
PICKUP TRUCKS AND TRAILERS LES8 THAN 8 FEET IN LENGTH
WITH AFTER MARKET 81DEBOARD8 ATTACHED TO TRUCK OR TRAILER 533/ton S33 Minimum
533/to~ 533 Minimum
SEMI-TRAILERS DUMP TRUCK3 AND TRUCKS LARC3ER THAN PICKUPS S331ton S33 Minimum
SPECIAL ITEMS
TARP CHARGE FOR IMPROPERLY TARPED VEHICLES - TATE REG TIO S~ONehiele
AUTOMOBILE / PICKUP TIRES NO Rims t3Rire • Limit of 4
AUTOMOBILE / PICKUP TIRES wlth RIMS SB~tire - Limit o~ 4
LARGE TRUCK TIRES NO RIMS SBltire - Ltmit of 4
LARGE TRUCK TIRES with RIMS Not Acce ted
AGRICULTURE TIRES NO Rims S150ttire - umit of 2
AGRICULTURE TIRES with RIMS Not Aece ted
LIVESTOCK Selanlmal
Earth and inert materials that ma be used for cover • CLEAN DIRT No char e
SPECIAL HANDLING CHARGE rootballs etC. S50 r load + dis osal
00 R CY - ETA , No Char e
BRUSH
GRASS 8 LEAVES ONLY No Char e
Cuatomer to de-ba on site
BRUSH 8 UNPAINTED/UNTREATED CLEAN WOO S4/e SB Mlnimum
CITY OF North Richland Hflls Residents Onl Doea not a I to contracton
Disposal Rate for City Vehicles
522.50 per ton
THE FOLLOWING WASTES ARE PROHIBITED FROM DISPOSAL:
,. Used Oil Filters. Tires. Ltauids. Pesticides. CFC. PCB, Res~ulate~
Ordinance No. 2972
Page 27 of 27