HomeMy WebLinkAboutResolution No. 2009-65 RESOLUTION NO. R2009-65
A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS,
APPROVING AN AMENDMENT TO THE CONTRACT WITH IESI
TX CORPORATION FOR SOLID WASTE COLLECTION AND
DISPOSAL SERVICES WITHIN THE CITY AND AUTHORIZING
A 4.2% INCREASE IN THE RATES; AMENDING APPENDIX D OF
THE FRIENDSWOOD CITY CODE TO ADOPT A REVISED
SCHEDULE OF SOLID WASTE DISPOSAL FEES; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City entered into that certain contract, dated the 21St day of October,
2002, far the collection and disposal of garbage, trash and refuse within the City, with IESI TX
Corporation, the original of which contract (the "Contract"), and all amendments thereto, is on
file in the office of the City Secretary; and
WHEREAS, pursuant to Section 13.02 of the Contract, IESI TX Corporation is
authorized to make periodic requests to increase its rates when it deems it necessary due to
increases in certain fixed costs; and
WHEREAS, in accordance therewith, IESI TX Corporation has requested an amendment
to the current contract and approval to increase the rates it currently charges for such services by
4.2%; and
WHEREAS, the City has investigated such request and has determined that same should
be authorized; now,therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The facts and matters set forth in the preamble of this Resolution are
hereby found to be true and correct.
Section 2. The City Council hereby approves the "Amendment to the Contract for
Refuse Collection and Disposal Services" with IESI TX Corporation for the collection and
disposal of garbage, trash and refuse. The Mayor is authorized to execute the amendment in
substantially the same form as Exhibit A attached to this Resolution and for all things made a
part hereof.
Section 3. IESI TX Corporation is hereby authorized to increase the rates it charges
for the collection and disposal of garbage,trash and refuse within the City by 4.2%, as more fully
set forth in the new schedule of rates contained in the Amendment to the Contract.
Section 4. The City Secretary is hereby authorized and directed to cause the new
schedule of rates contained in the Amendment to the Contract to be substituted for those rates set
forth in that certain paragraph entitled "Solid Waste" within the "Schedule of Fees" contained in
Appendix D to the Friendswood City Code, save and except the fee for Residential services
under subparagraph(1)thereof, which amount shall be $11.49.
Section 5. This Resolution, and the fees set forth in Sections 2, 3 and 4 hereof, shall
be applicable to all solid waste collection and disposal services from and after the 1 st day of
December, 2009.
Section 6. All resolutions or parts of resolutions inconsistent or in conflict herewith
are,to the extent of such inconsistency or conflict, hereby repealed.
PASSED,APPROVED AND RESOLVED on this 2nd day of November,2009.
David J. . mith
Mayor
ATTEST:
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De ris McKenzie, TRM v o
City Secretary * *
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R2009-65 2
Exhibit A
(R2009-65)
AMENDMENT TO CONTRACT FOR
REFUSE COLLECTION AND DISPOSAL SERVICES
THE STATE OF TEXAS §
§
COUNTY OF GALVESTON §
This Amendment to Contract for Refuse Collection and Disposal Services is made
and entered into by and between the City of Friendswood ("City"), a home rule law municipal
corporation located in Galveston and Harris Counties, Texas, and IESI TX CORPORATION, a
Texas corporation("Contractor").
WITNESSETH:
WHEREAS, City and Contractor entered into a CONTRACT FOR REFUSE
COLLECTION AND DISPOSAL SERVICES ("Agreement"), dated October 21, 2002, a true
and correct copy of which is attached hereto and made a part hereof as Attachment A; and
WHEREAS, City and Contractor desire to amend such Agreement as set forth herein
below; now therefore,
For and in consideration of the mutual obligations and benefits to be derived hereunder,
the Agreement is hereby amended as follows:
C. Exhibit"A" of the Contract, which contains the rates and charges authorized to be
levied and collected by Contractor, is hereby amended to provide as follows:
See Exhibit "A" hereto, entitled "IESI TX Corporation Rate Schedule, City of
Friendswood, 2009."
EXECUTED in duplicate originals this 2°d day of November, 2009.
CITY OF E DSWOOD
By:
David J. . rth
Mayor
Atte
,
ENO
De oris McKenzie, `��t
City Secretary v p IESI TX CORPORATION
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* � By:
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� Attachment A to Exhibit A y-
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CONTRACT FOR REFUSE COLLECTION AND DISPOSAL SERVICES
This Contract for Refuse Collection and Disposal Services (the "Contract") is made and
entered into as of the 21st day of October, 2002, by and between the City of Friendswood,
Texas, a home-rule municipal corporation locaterl in Galveston and Harris Counties, Texas (the
"City"), acting by and through its Mayor, hereunto duly authorized, and IFSI TX
CORPORATION, a Texas corporation (the "Contractor"), acting by and through its District
Manager, hereunto duly authorized:
WITNESSETH:
WHEREAS, the City Council of City fmds and determines that the most efficient and
effective manner of providing for the collection and disposal of refuse and garbage generated
within the City is though the use of a private contractor specializing in such services; and
WHEREAS, the Ciry Council finds and deterniines that providing such services through
a single private contractor enables the City to better safeguard and protect the citizens from
hazards associated with the collection, transportation, and disposal of refuse and garbage; and
WHEREAS, the City Council of City fmds and determines that IESI TX
CORPORATION is qualified to provide the level of service desired by City; and
WHEREAS, TESI TX CORPORATION is desirous of providing such services subject to
the terms and conditions hereof; now therefor
For and in consideration of the mutual covenants, obligations, and benefits to be derived
hereunder, City and Contractor do hereby agree as follows:
1. Definitions. For the purposes of this Contract the following terms, phrases,
words, abbreviations and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the future tense, words in
the plural number include the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory, and not merely directory.
1.01 A�proved Disnosal Site shall mean a refuse depository, including, but not
limited to, sanitary landfills, transfer stations, incinerators, and waste processing/separation
centers, licensed, permitted, or approved to receive applicable residential and/or commercial
refuse for processing or final disposal by the Texas Natural Resources and Conservation
Commission, and all other agencies having jurisdiction thereof and requiring such licenses,
permits, and approvals.
1.02 Bin shall mean a metal receptacle designed to be lifted and emptied
mechanically for use at commercial units, and equipped with a fitted lid.
FWD Refuse ConVact 2002
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1.03 C� shall mean the City of Friendswood, Texas, a home-rule municipal
corporation of the State of Texas.
1.04 City Council shall mean the present governing body of the City or any
successor to the legislative powers of the present City Council.
1.05 Commercial Refuse shall mean all refuse, garbage, solid waste, and other
waste generated by, at, or within a Commercial Unit or a Light Commercial Unit, but not
including Construction Debris or Hazardous Waste.
1.06 Commercial Unit shall mean all premises, locations or entities, public or
private, located within the corporate limits of City and not a Residential Unit as defined herein.
1.07 Construction Debris shall mean waste building materials resulting from
construction, remodeling, repair, or demolition operations, typically collected in roll-off bins
without lids and which are typically disposed of at Type IV landfills.
1.08 Contractor shall mean IESI TX CORPORATION, or any person who
succeeds IESI Corporation, in accordance with the provisions of this Contract.
1.09 Garbage shall mean wastes resulting from the handling, preparation, and
cooking of foods or other consumable matter.
1.10 Generator shall mean any person that produces a solid waste, or owns or
occupies property upon which solid waste is produced.
1.11 Green Waste shall mean grass, leaves, tree trimmings, branches, tree
trunks, and other items derived from plants.
1.12 Hazardous Waste shall mean any solid waste identified or listed as a
hazardous waste by the administrator of the U. S. Environmental Protection Agency ("EPA")
pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, 72 U.S.C. 6901 et seq., as amended.
1.13 Heaw Trash shall mean refuse which is of such size and weight that it
cannot be placed into a thirty-two (32) gallon container, or, if it can be placed into a thirty-two
(32) gallon container, its weight exceeds fifty (50) pounds. Heavy trash shall not include items
or materials which cannot be safely lifted and placed upon a truck by two men. Heavy trash shall
include tree limbs less than five feet(5')in length and loose lumber less than six feet(6') in length
provided the aggregate weight of such tree limbs andlor lumber does not exceed three hundred
(300) pounds, and, such tree limbs or loose lumber are bundled, and each such bundle does not
exceed fifty (50)pounds in weight.
FWD Refuse ConVact 2002 2
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1.14 Light Commercial Unit shall mean a Commercial Unit generating not
more than seven (7) thirty-two (32) gallon containers of Commercial Refuse during any calendar
week.
1.15 Person shall mean any person, firm, partnership, association, corporation,
company, or organization of any kind.
1.16 Refuse shall mean nonputrescible solid waste (excluding ashes), consisting
of both combustible and noncombustible waste materials; combustible rubbish, including paper,
rags, cardboard, cartons, wood, exceisior, furniture, rubber, plastics, yard trimmings, leaves,
and simitar materials; noncombustible rubbish, including glass, crockery, tin cans, aluminum
cans, metal furniture, and like materials which will not burn at ordinary incinerator temperatures
(1600°F to 1800°F), but not including Construction Debris.
1.17 Residential Refuse shall mean all garbage, refuse, solid waste, and other
waste generated by, at, or within a residential unit.
1.18 Residential Unit shall mean a single-family dwelling, or multi-family
dwelling having four(4) dwelling units or less, within the corporate limits of City, occupied by a
person or group of persons, including, but not limited to, mobile homes, single-family dwellings,
duplex dwellings, and quad-plex dwellings. Mobile home parks utilizing community trash bins
or dumpsters shall be considered as Commercial Units for the purposes of this Contract .
1.19 Solid Waste shall mean municipal solid waste as that term is defined in
Section 363.004, Texas Health and Safety Code.
1.20 Street shall mean the surface of any public street, road, highway, alley,
bridge, sidewalk, or other public place or way now or hereafter held by the City for the purpose
of public travel and shall include other easements or rights-of-way now held, or hereafter held by
City which, within their proper use and meaning, entitle City and Contractor to the use thereof
for the purpose of coilecting and transporting garbage and trash for ultimate disposal.
2. Contract/Exclusive Permit. IESI Corporation, hereby agrees, in accordance
with and subject to the terms, requirements and conditions contained herein, to provide refuse
collection and disposal services to all Residential Units, Light Commercial Units, and
Commercial Units located within the corporate limits of the City of Friendswood, Texas.
Contractor shall have the sole and exclusive pernut to provide residential recycling services
and residential and commercial collection, removal, and disposal services within the corporate
limits of City as those services are specifically defined in the Contract. Roll-offs are not
considered a part of the exclusive refuse services.
3. Term. This Contract shall be for a term and period of five (5) years commencing
on December 1, 2002, and terminating on November 30, 2007.
FWD Refuse Contract 2002 3
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4. Compliance With Applicable Laws. The work done and activity in connection
with the operation of Contractor's business of collecting, transporting, and disposing of refuse
and recyclables pursuant hereto shall be subject to and governed by all present and future laws,
rules and regulations of City, the State of Texas, the United States of America, the Texas Natural
Resources and Conservation Commission, and/or any other state or federal agency having
jurisdiction over such matters, or any other local jurisdiction through which refuse and/or
recyclables are transported or disposed of pursuant to this Contract. Contractor agrees to comply
with any and all such present and future laws, rules and regulations in the performance of its
obligations hereunder.
5. Subject to Police Powers of Citv. The operation of Contractor's refuse
collection, transport, and disposal services shall be subject to all lawful police powers, rules, and
regulations of City.
6. Use of Str�ts.
6.01 Spillage. Contractor shall do and perform all acts necessary to prevent
spillage from equipment used by Contractor in the collection and transportation of same. In the
event spillage of refuse occurs, Contractor shall remove all such spillage from City's streets and
from properties adjacent thereto or affected thereby, whether public or private.
6.02 Destruction of Streets. No surface of any paved street shall be cut or
damaged by Contractor by the operation of its collection and transportation equipment other than
ordinary wear and tear. T'he surface of any street cut or damaged by Contractor in the operation
of any such equipment shall be replaced or repaired to its original condition to the satisfaction of
City. Should Contractor cause damage to any street Contractor shall be liable to Ciry for any
such damage, and failure by Contractor to reimburse City for any sums required to be expended
by City for any necessary costs of repair shall constitute an event of default. In addition, City
may demand the Surery of Contractor 's bond pay the cost of such repairs so performed by City.
6.03 Destruction or Damage to Private Propertv. Contractor shall be liable
for any damage or destruction to private property occurring as a result of the performance of
services hereunder. In the event any such damage or destruction shall occur, Contractor shall
cause such repair or replacement as shall be necessary to restore such damaged or destroyed
private property to its condition prior to such damage or destruction.
7. Indemnification and Liability for Dama�. Contractor specifically agrees to
indemnify and hold City, its officers, agents, and employees, harmless from all liability, damage,
cost, or expense arising from claims for injury to persons, damage to property, or penalties
occasioned by reason of any conduct undertaken by reason of this Contract. City shall not and
does not by reason of this Contract assume any liability of Contractor whatsoever for injury to
persons, damage to property or penalties. Provided further, Contractor agrees to indemnify
defend, and hold harmless the City from all liability (including attomey's fees) for removal or
remedial actions under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (also known as superfund) or comparable state law incurred as the result
FWD Refuse Contract 2002 e�
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of the Disposal under the Contract after the date hereof of the City's waste materials at a
faciliry (defined below). It is understood and agreed that this indemnity shall be null and void
in the event of any breach by the City of any of the terms of the Contract including, with
limitation, the City's warranties regarding the waste materials delivered to the Contractor. For
purposes of this indemnification, "facility" shall mean those disposal facilities owned by the
Contractor or owned by a company under common ownership and control of the Contractor.
8. Liability Insurance.
8.01 Minimum Covera�e. Contractor shall file with the City Secretary, and
shall maintain on file throughout the term of this Contract, liability insurance policies issued by a
company(s) duly authorized to do business in the State of Texas, insuring City and Contractor
with respect to the operation of Contractor 's collection, transportation, and disposal of garbage
and refuse, in the following minimum amounts. City shall be a named insured on each such
policy other than workers compensation:
8.01.01 Employer's Liability $1,000,000
8.01.02 Bodily Injury Liability, Except Automobile
Per occurrence $1,000,000
Aggregate $2,000,000
8.01.03 Property Damage Liability, Except Automobile
Per occurrence $1,000,000
Aggregate $2,000,000
8.01.04 Automobile Bodily Injury Liability
Each person $1,000,000
Each occunence $2,000,000
8.01.05 Automobile Property Damage Liability
Each occurrence $1,000,000
8.01.06 Excess Umbrella Liability
Each occunence $2,ppp,ppp
8.01.07 Workers Compensation Statutory
8.02 Notice of Cancellation or Reduction. Said policies of liability insurance
shall contain the provisions that written notice of expiration, cancellation, or reduction in
coverage of the policy shall be delivered to the City Secretary and to the Contractor at least thirty
(30) days in advance of the effective date thereof.
8.03 Aaproval of Insurance Provider; Filings with City. All policies of
insurance shall be provided by insurance companies acceptable to the City Council. Approval of
FWD Refuse Contract 2002 5
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an insurance provider shall not be unreasonably withheld. In lieu of filing insurance policies as
otherwise required in this Section, Contractor may file certificates of insurance evidencing such
compliance, provided the appropriate endorsements are contained thereon, including the notice of
cancellation or reduction requirements of 8.02 above.
8.04 Term. Such policies of insurance shall be kept in full force and effect by
Contractor for the entire term of this Contract.
9. Bondin�.
9.01 Suret,�IDamages to Streets. Contractor shali provide a corporate surety
bond in an amount of not less than Twenty-five Thousand Dollars ($25,000.00) covering the
entire term of this Contract . Such bond shall be approved by the City Manager, shall be payable
to City and shall inure to the benefit of City in the event noncompliance results in damage to city
streets, normal wear and tear excepted.
9A2 Performance. Contractor shall furnish and maintain a faithful
performance bond during the full term of this Contract in the amount of Two Hundred Thousand
Dollars ($200,000) as a guarantee that it will faithfully perform the Contract services. Said bond
shall be issued by a corporate surety company authorized to do business in the State of Texas.
Said bond shall be made payable to City or as may be provided by law, and be subject to the
approval of the City Attorney as to form and the Mayor as to surety. Said bond shall remain in
force for the entire length of the Contract.
10. Standards for Service. Contractor's refuse collection, transportation, and
disposal services shall be operated in accordance with the highest standards so that affected
residential, light commercial, and Commercial Units will receive the best and most desirable
form of refuse collection services. Toward accomplishment of this purpose, Contractor shall
meet the following minimum standards of operation: ,
10.01 Compliance With This Contract. Contractor shall collect, transport, and
dispose of all residential and commercial refuse pursuant to the terms, conditions, and limitations
provided herein.
10.02 Labor and Equipment. Contractor shall, at its own cost and expense,
provide all trucks, machinery, equipment, tools, superintendence, labor insurance, and other
accessories necessary to efficiently and properly render such refuse collection, transportation, and
disposal services.
10.03 Dumpin� Site. Contractor shall cause all Refuse and Garbage collected
by Contractor pursuant hereto within City to be disposed of at a State of Texas permitted disposal
site.
FWD Refuse Contract 2002 6
10.04 Collection.
10.04.01 Commercial. Contractor shall collect from each Commercial Unit
within the City and dispose of Commercial Refuse and Garbage in
accordance with this paragraph. Contractor's collection of
Commercial Refuse and Garbage from Commercial Units, with
regard to size and number of Bins and frequency of collection,
shall occur according to the directive of the Commercial Unit
customer. Contractor shall provide all Bins for use by all
Commercial Units, which Bins sha11 allow Commercial Refuse and
Garbage to be contained, tied, or enclosed so that leaking, spilling,
or blowing can be prevented. Commercial Units upon or within
which food is prepared, processed, or served, shall be provided
collection services not less than twice weekly. A minimum sized
Bin of two (2) cubic yards shall be provided. No Commercial Unit
shall have service discontinued except for non-payment.
10.04.02 Light Commercial. Contractor shall, twice each week, collect
from each Light Commercial Unit within City and dispose of
Commercial Refuse and Garbage, but not exceeding seven (7)
thirty-two (32) gallon containers thereof per week. No Light
Commercial Unit shall have service discontinued except for non-
payment.
10.04.03 Residential. Contractor shall, twice each week, collect from each
Residential Unit within City and dispose of Residential Refuse
placed in garbage and refuse containers not exceeding thirty-two
(32) gallons in size or fifty (50) pounds in weight. Contractor
shall, once each week, collect from each Residential Unit within
City and dispose of Green Waste provided that such Green waste
is placed in translucent (semi-clear) bags, and that branches,
brush and similar woody material are bundled and tied in lengths
not exceeding five feet (5') or having diameters not exceeding
eighteen inches (18'). Grantee shall additionally furnish Heavy
Trash Pick-up service on at least one (1) collection date per week.
Household appliances shall mean television sets, furniture,
refrigerators, washing machines, dryers, stoves, and the like. �
Household appliances using freon shall not be required to be
collected unless such freon has been removed by a certified
technician evidenced by a certificate attached to the appliance to
such effect.
10.04.04 Additional Collections. In addition to the collections described
above, Contractor shall, as requested by City, but not less than
twice each week, collect and dispose of Refuse and Garbage from
FWD Refuse Contract 2002 "j
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the Friendswood City Hall, the Friendswood Police/Public Safety
Building, the Friendswood Fire Stations, the Friendswood Public
Works Building, the Friendswood Library, the Friendswood
Activities Building, and each park in City's park system. Refuse
and Garbage at such sites shall be placed in bins or dumpsters,
which bins and dumpsters shall be provided and maintained by
Contractor . This service shall be provided at no cost to City.
10.04.05 Holidavs. Contractor shall not be required to collect Refuse on
official City holidays. City shall provide Contractor a list of City
holidays annually. Contractor may decide to observe any or all of
the above mentioned holidays by suspension of collection service
on the holiday, but such decision in no manner relieves
Contractor of his obligation to provide Residential Refuse
collection service at least once per week for those weeks in which
a holiday occurs.
10.04.06 Special Event Collections and Services. Upon written request
and reasonable notice from City, Contractor shall collect and
dispose of Refuse and Garbage and perform similar services
resulting from Special Events. Such events will be civic oriented
and will be held at various places and at various times of the
year. Services for current events include, but are not limited to,
roll-offs for the City's Spring Sparkle and Fall HauI-A-Day;
dumpsters, trash boxes and Port-O-Lets for the 7uly 4�' events;
Port-O-Lets for Little League opening day; and five Port-O-Lets
for use at Centennial Park throughout the year. These services
shall be provided at no cost to City.
10.04.07 Disaster Relief Services. Contractor shall provide special
collection and disposal services which may be required due to
damage or destruction from flood, tornado, hurricane, or other
similar disaster. The fees and charges for such disaster relief
services shall not exceed the fees and charges therefor set forth in
Exhibit "A” attached hereto and made a paR hereof. Provided
further, nothing contained in this Contract shall be construed to
limit City's authority to contract with one or more additional
vendors to provide temporary collection and disposal services when
deemed by City as necessary or appropriate to provide disaster
relief.
10.04.08 Elderlv/Disabled. Contractor shall provide back door service for
persons physically unable to place refuse curbside due to age or
physical disability. City shall certify all properties which qualify
FWD Refuse Contract 2002 $
for special services under this subsection. No additional charge
shall be made by Contractor for this special service.
10.04.09 Hours of Collection. Contractor shall pick-up both Refuse and
Recyclable materials from Residential Units between the hours of
7:00 a.m. and 6:00 p.m. Contractor shall pick-up Refuse from
Commercial Units and Light Commercial Units between the hours
of 6:00 a.m. and 6:00 p.m; provided however, if a Commercial
Unit or a Light Commercial Unit is located on property adjacent to
a Residential Unit, such pick-up shall not occur prior.to 7:00 a.m.
Notwithstanding the foregoing, extended hours may be authorized
upon mutual agreement by the Ciry and Contractor if necessary to
complete collection on an existing collection route due to unusual
circumstances.
10.04.10 Routes. Residential collection routes shall be established by
Contractor, subject to approval by City, which approval shall not
be unreasonably withheld. Contractor shall be required to publish
collection routes in the local newspapers or in any other the City
approved medium prior to beginning the Contract services.
Contractor may, from tune to time, propose to the City for
approval, changes in rautes or days of collection.
10.05 Contractor to Maintain Office. Contractor shall maintain an office
within or in reasonably close proximity to City and shall maintain an answering service to track
and follow-up on collection misses and complaints. Such answering service shall be reachable by
a toll-free telephone number, shall be operational at a11 times between the hours af 8:00 a.m. and
5:00 p.m., Monday through Saturday, except holidays, and shall have a person available at such
number with whom the public, the City, or any City officer, employee, or agent may
communicate, discuss, and refer any complaint or inquiry arising in connection with such
collection services.
10.06 Contractor to Inform Customers of Services. Within thirty (30) days of
the date of execution hereof by Contractor and City, Contractor shall cause to be delivered to
each Residential Unit, Light Commercial Unit and Commercial Unit within City, either by
United States mail or by personal delivery, a detailed communique describing the services to be
provided hereunder, and any conditions or limitations affecting such services, including, but not
limited to:
10.06.01 collection days,
10.06.02 times of collection,
10.06.03 proper receptacles,
FWD Refuse Contract 2002 9
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10.06.04 limits on collections,
10.06.05 unacceptable items,
10.06.06 holidays to be observed,
10.06.07 heavy trash pick-up;
10.06.08 instructions on how to lodge complaints (office hours, phone
numbers, address, etc.); and
10.06.09 all available options relating to bins, collection dates, rates, etc.,
for Commercial Units;
10.07 Comqlaints. Contractor shall establish a customer complaint procedure
which assures that all complaints are given prompt and courteous attention. At a minimum,
the customer complaint procedure shall provide that the customer complaint shall be addressed
within 24 hours of receipt of such complaint, and shall be promptly resolved. The Contractor
shall be responsible for maintaining a log of complaints and provide the City on a weekly basis
with copies of all complaints indicating the date and hour of the complaint, nature of the
complaint and the manner and timing of its resolution. Any missed pickups of residential
refuse shall be collected the same business day, if notification to the Contractor is provided by
2:00 p.m., or not later than 12:00 p.m. the next business day if notification is provided after
2:00 p.m., but by the close of business.
10.08 Reports.
10.08.01 Accountins. Contractor shall be required to keep complete and
accurate books of account and records of its business and
operations. The City may require the keeping of additional records
or accounts, which aze reasonably necessary for purposes of
identifying, accounting for, and reporting revenues, uncollectibles,
and expenses.
10.08.02 Collection Stats. Contractor shall provide the City with monthly
reports that shall include tonnage of materials collected, number of
household setouts per collection day, average pounds per setout
and average pounds per home per month. These reports shall due
the 3Q�'day of the following month.
10.08.03 Recycling. Contractor shall provide the City with monthly
recycling reports that shall, at a minimum include summaries of
tonnages of all materials recovered by type of material, and
resident participation rates in terms of weekly and monthly set-out
FWD Refuse Contract 2002 10
counts, with a description of the method used to determine these
rates.
10.08.04 Review by Citv. Contractor shall provide the City with access at
reasonable times and for reasonable purposes, to examine, audit,
review, and/or obtain copies of the papers, books, accounts,
documents, and other records of Company pertaining to the
Contract. Contractor shall fully cooperate in making available its
records and otherwise assisting in these activities.
11. Equipment.
11.01 Generallv. Contractor shall furnish a sufficient number of Packer and
Roll-Off container type trucks, with suff'icient operators and workmen for each, to collect and
dispose of all refuse in the City from Residential Units, Light Commercial Units and
Commercial Units. In addition, Contractor shall furnish a sufficient number of recycling-type
trucks, with su�cient operators and workmen for each, to collect Recyclables in the City from
Residential Units, and adequate equipment to process said Recyclables. All equipment must be
in good working order, and equipment may be inspected and approved by City before the
execution of contracts. All equipment shall bear the name of Contractor and Contractor's local
telephone number, which shall be displayed on such equipment in a clear, legible manner.
11.02 Collection Vehicles. Each vehicle used by Contractor to transport Refuse
and Garbage as herein provided shall be regularly maintained so as to be in good repair,
appearance, and in a sanitary condition at all times, and shall be in compliance with all
requirements of law applicable thereto. No vehicle used for such transport purposes shall be
equipped with semi-compacted load capacity which exceeds forty (40) cubic yards. Each such
vehicle sha11 be equipped with audible back-up signals. Each such vehicle shall have clearly
visible on each side the identity and telephone number of Contractor .
11.03 Other Eauipment. All other equipment utilized by Contractor , including
Bins, dumpsters and roll-off containers, shall be kept in good repair and appearance, and in a
sanitary condition at all times. Bins and dumpsters shall be changed as needed to maintain
public health and safety, at no charge to the customer. All other container movement shall be
as agreed by the Contractor and customer.
12. Collection and Disposal of Rec cl�ables. In addition to the Refuse and Garbage
collection and disposal services provided by Contractor , Contractor shall provide the recycling
services set forth herein. The provisions of this Section 12, as they relate to the recycling
services, shall prevail in the event of conflict with any other provision contained elsewhere in this
Contract.
12.01 Definitions. For the purposes of this Section 12, the following definitians
sha11 apply:
FWD Refuse Contract 2002 11
...
12.01.01 Old Newspaper ("ONP") shall mean newspaper containing less
than five percent(5%) paper other than news and not more than the
normal percentage of rotogravure and colored sections. Papers
should not be tied or strapped together. ONP should be neatly
stacked or in a bag alongside, on top of, or under the recycling
collection bin.
12.01.02 Used Beverage Cans ("UBC") shall mean all aluminum beverage
containers which are placed singly, empry, and reasonably clean
into the bin for recycling.
12.01.03 Glass Containers shall mean waste and scrap glass in various colors
(i.e., flint or clear, green, and amber) which have been rinsed and
are reasonably clean, but does not include broken glass or glass
which contains
- Metals such as aluminum caps, steel lids, lead collars or
light bulb filament;
- Ceramics such as cups, dishes, and ovenware;
- Stones and dirt;
- Plate or window glass;
- Heat-resistant glass, such as Pyrex; or
- Lead-based glass such as crystal or television tubes.
12.01.04 Plastic bottles shall mean only clear or white plastic milk or water
jugs (high density polyethylene or HDPE} and plastic soda bottles
(PET). Caps shall be removed and the bottles rinsed and
reas�nably clean before placing into the recycling container.
12.01.05 Steel Cans shall mean all steel food, beverage, and general purpose
cans and lids. (No scrap metal, paint cans, or aerosol cans.)
12.01.06 Residential Unit shall mean a dwelling within the corporate limits
of Ciry occupied by a person or group of persons comprising not
more than four (4) families. A residential unit shall be deemed
occupied when either water or domestic light and power service are
being supplied thereto. A condominium dwelling, whether of
single or multi-level construction, or separate single-family
swelling units, including mobile homes, shall be treated as a
FWD Refuse Contract 2002 12
�
residential unit, except that each single-family dwelling within any
such residential unit shall be billed separately as a residential unit.
12.01.07 Magazines shall mean only clean, dry publications bound by
staples or gtue.
12.02 Collection.
12.02.01 Contractor shall pick up all residential recyclables from every
Residential Unit (except exempt residents) within the City once
each week. (Exempt resident shall mean a person who has met the
exemption criteria set forth by Ciry by reason of income, age, or
inf'irmiry, and who has been given a written exemption signed by
the City's Director of Administrative Services.)
12.02.02 Contractor shall utilize a single plastic bin for resident's use in the
collection of recyclables. The recycling bins shall remain the
property of Contractor . Contractor shall replace a recycling bin at
no charge to the resident if such bin has been damaged through no
fault of the resident. In the event a resident loses a recycling bin,
Contractor shall provide a replacement bin at a reasonable cost, to
be approved by Contractor and City.
12.02.03 Except as provided below, Contractor shall not be required to
collect the contents of a recycling bin which is not placed at
curbside for collection. Curbside shall mean that portion of the
right-of-way adjacent to and not exceeding five feet (5') from
paved or traveled portions of the City's streets, including alleys.
Recycling bins should be placed within five feet (5') of the
roadway, or as close as is practical without interfering with or
endangering the movement of vehicles or pedestrians. If
construction work is being performed in the street right-of-way,
recycling bins may be placed as close as practicable to an access
point for the collection vehicle. Contractor shall make reasonable
accommodations for those persons who, by reason of age or
infirmity, are unable to place bins at curbside within the foregoing
defuution.
12.02.04 Residential Green Waste Recycling Collection and Processing.
Contractor shall pick up all Residential Green Waste from every
building used for residential purposes in the City, once each
week, except when notified by the City to not pick up due to
delinquent payment.
FWD Refuse Confract 2002 13
. �
� . • �
12.03 Right to Alter List of Recyclable Materials Collected. If at any time
Contractor or City determines that additional recyclable materials are economically feasible to
include in the recycling program, Contractor or City reserves the right to negotiate for both the
addition of said item to the list of recyclable materials and a corresponding adjustment in the
collection rate per unit. Likewise, if any item becomes infeasible to continue in the recycling
program due to lack of volume, lack of adequate market pricing, or poor quality of items
received, Contractor or City reserves the right to exclude or discontinue said item from the
recycling program with appropriate adjustment in the contractual consideration. Contractor does
not guarantee the existence of a market or any buyer at any time for recyclable materials.
12.04 Monthly Recvcling Service Fee. All fees for recycling of recyclable
materials as set forth herein shall be included in the schedule of fees for waste disposal services.
12.05 Processing and Sale of Recyclables. Contractor agrees to process, store,
and market the recyclable materials to an end user. Processing shall include removal of
contaminants from newspapers, separation of glass by color, separation and flattening of
aluminum cans, and separation and baling of plastic bottles.
12.06 Recycling Information. Contractor shall provide recycling reports to City
once every three (3)months. Such reports shall include:
12.06.01 Levels of recycling participation (number of Residential Units
participating). Results shall be provided in each report on a per
collection basis broken down into neighborhood units; and
12.06.02 A breakdown by material type of volumes and weight of
recyclables collected by Contractor . These amounts shall be
provided to City on a per month basis or other basis as approved
by City.
12.07 Holidavs. When the regular collection day falls on a holiday, the
recycling pickup shall be made on the next regularly scheduled pickup day.
13. Compensation To Contractor.
13.01 Rates. Contractor shall be compensated in accordance with the schedule
of rates set forth in E�ibit "A" attached hereto and made a part hereof. City shall make a11
payments to Contractor for collections at Residential Units. Contractor shall provide its own
billing and collections for Commercial Units and Light Commercial Units. Contractor shall not
issue any billing in excess of the rates and charges set forth in E�ibit "A" hereto. Payments to
Contractor shall be in full consideration of(1) doing all of the work contemplated, (2) all loss or
damages arising out of the nature of the work aforesaid or from the acts of the elements or
from any unforeseen difficulties or obstructions which may arise or be encountered in the
prosecution of the work until its acceptance by the City, (3) all risks of every description
connected with the work, (4) all expenses incurred by or in consequence of the suspension or
FWD Refuse Contract 2002 14
� � . � 1
discontinuance of work, and (5) well and faithfully completing the work and the whole thereof
in the manner and according to the terms of this Contract.
13.02 Modification of Rates. At any time following the expiration of two (2)
years after the effective date of this Contract, Contractor may request an increase in rates. Any
such request shall be reflective of actual increases in costs incurred by Contractor, such as
increased landfill fees, cost increases necessitated by new laws, ordinances or regulations adopted
by local, state or federal agencies, or increased labor, superintendence, equipment, fuel, or other
similar operational costs. City may grant or deny any requested increase. In the event City
denies a request, Contractor shall be entitled to terminate this Contract upon one hundred twenty
(120) days advance written notice. Contractor shall not make a request for an increase in rates
more often than once every two (2) years unless a request is denied, in which case a subsequent
request may be made after the expiration of one (1) year following the prior request. Any such
approved increase in rates shall take effect thirty (30) days following approval by the City
Council. Contractor shall be responsible for notification of all Commercial Units and Light
Commercial Units affected by a rate increase. This notification shall be made prior to the
effective date of the new rates.
13.03 Customer Lists. Contractor shall provide City with a list of all
Commercial Units and Light Commercial Units being served by Contractor hereunder, including
the size and number of bins and the number of collections provided each week for each such
Commercial Unit, which list shall be delivered to City not later than the thirtieth (30th) day
following the date of execution hereof. Contractor shall notify City of any changes to such list
with each billing. City shall deliver to Contractor, not later than the thirtieth (30th) day
following the date of execution hereof, a list of all Residential Units in City to be served by
Contractor. City shall notify Contractor of any changes to such list within thirty (30) days
following knowledge by City thereof.
13.04 Billings.
13.04.01 Residential Units/Recvcling. City shall pay Contractor for service
to Residential Units, without necessity of billing by Contractor.
City's payments shall be made monthly, on or before the last day
of the month following the month for which such payment applies.
13.04.02 Commercial Units/Light Commerciai Units. Contractor shall be
responsible for all billings and collections for service to
Commercial Units and Light Commercial Units. Billings shall be
made monthly, and accounts shall not be deemed delinquent until
the 30th day following the date of billing.
13.05 Street Use/City Administration Fee. Contractor shall pay to City a
Street Use/City Admuustration Fee, which shall be based on a percentage of the gross revenues
received by Contractor from service to Commercial Units and Light Commercial Units pursuant
hereto. Such Fee shall be as established from time to time by City, and shall be payable
FwD Refuse Contract 2002 15
beg'uuiing with the first billing period which begins after the expiration of thirty (30) days
following such notification. Such Fee shall be due and payable to City on or before the 30�` day
of the month following the month for which such Fee applies. Contractor shall supply a report
showing the gross revenues billed and used for calculating the Street Use/City Administration
Fee. Payment of such fees and other consideration due hereunder by Contractor is not accepted
by the City in lieu of any occupation tax, license tax, or similar tax for the privilege of doing
business in the City or reunbursernent of regulatory cost. Payment of the fees and other
consideration due hereunder does not exempt the Contractor from payment of taxes that are
uniform and generally applicable to other persons conducting business within the City, such as
property, sales, and use tax. Payment of the fees and other consideration due hereunder shall not
in any way limit or inhibit any of the privileges of the City whether under this Contract or
otherwise.
14. Revocation of Contract. In addition to all other rights and powers of Ciry by
virtue of this Contract or otherwise, Ciry reserves as an additional and as a separate and distinct
power the right to ternunate and cancel this Contract and all rights and privileges of Contractor
hereunder in any of the following events or for any of the following reasons, which events and
reasons shall constitute an event of default by Contractor:
14.01 Violation of Provisions. Contractor shall by act or omission violate any
term, condition, or provision of this Contract and shall fail or refuse to effect compliance within
fifteen(15) days following written demand by City to do so.
14.02 Insolvent or Bankrunt. Contractor becomes insolvent, unable, or
unwilling to pay its debts or is adjudged bankrupt or all or any part of Contractor's eqnipment or
facilities are sold under an instrument to secure a debt and are not redeemed by Contractor within
thirty(30)days from the date of such sale.
14.03 Fraud or Deceit. Contractor attempts to or does practice any fraud or
deceit in its conduct or relations under this Contract with City, or with any customer, or potential
customer within Ciry.
14.04 Method of Termination and Cancellation. Any such termination and
cancellation of this Contract shall be by Resolution adopted by the City Council; provided,
however, before any such Resolution is adopted, Contractor shall be given at least thirty (30)
days advance written notice, which notice shall set forth the causes and reasons for the proposed
termination and cancellation, shall advise Contractor that it will be provided an opportunity to be
heard by City Council regarding such proposed action before any such action is taken, and shall
set forth the time, date, and place of the hearing
15. Annexation/Expansion of Service Area. If, during the term of the Contract, the
boundaries of the City are expanded, Contractor shalt extend service to Residential Units
within the expanded area at the earliest practicable time, and shall provide such services in
accordance with the terms of this Contract.
FwD Refuse Contract 2002 16
16. Contractor to Have No Recourse.
16.01 Requirements and Enforcement. Except as expressly provided herein,
Contractor shall have no recourse whatsoever against City for any loss, cost, expense, or damage
arising out of the provisions or requirements of this Contract or because of the enforcement
thereof by Ciry or because of the lack of City's authority to enter into same.
16.02 Contractor's Understanding. Contractor expressly acknowledges that in
entering into this Contract, it relied solely upon its own investigation and understanding of the
power and authority of Ciry to enter into same , and that Contractor was not induced to enter into
same by any understanding, promise, or other statement, verbal or written, by or on behalf of
City or by any third person concerning any term or condition not expressed herein.
17. Miscellaneous Provisions.
17.01 Nondiscrimination. Contractor agrees to comply with all applicable
federal and state laws and regulations, and City ordinances, prohibiting the discrimination
against any person because of race, color, national origin, age, disability, veteran status, sex,
marital status, political or religious opinions or affiliations, or membership or nonmembership
in employee organizations.
17.02 Alcohol and Drug Free Workplace Policy. Contractor agrees to
comply with City's Drug Policy and recognizes that execution of the Contractor's Affidavit as
required by such Policy shall be a condition precedent to execution hereof by City. In
addition, a violation of such Drug Policy, as applied therein to City contractors, shall be
deemed an event of default hereunder.
17.03 Representations. Contractor represents and warrants that it has dedicated
' and made available, and at all times during the term of this Contract shall keep available
sufficient equipment and personnel to service adequately the Refuse and Garbage collection
requirements of this Contract. Contractor hereby represents and warrants that it has all requisite
corporate power and authority to execute and deliver services pursuant to this Contract, to
consummate the transactions contemplated hereby, and to perform all the terms and conditions
hereof to be performed by it. The execution and delivery of this Contract by Contractor, the
consummation of the transactions contemplated hereby, and the performance by Contractor of all
the terms and conditions hereof to be performed by it, have been duly authorized and approved
by all requisite corporate action on the part of Contractor. City represents that it has entered into
this Contract pursuant to an appropriate Resolution adopted by its governing body at a public
meeting called for such purpose in compliance with the Texas Open Meetings Act and that the
o�cers executing this Contract are duly authorized to act on behalf of City.
17.04 Nonappropriation. City shall be obligated to pay its obligations
hereunder from funds budgeted and appropriated for that purpose. Should City fail to
appropriate funds to pay its obligations hereunder for any budget year during the term of this
FWD Refuse ConVact 2002 1']
Contract other than City's current budget year, this Contract shall be deemed terminated at the
end of the budget year preceding the budget year for which such appropriation is not made. City
agrees to deliver notice to Contractor of such termination at least sixty (60) days prior to the end
of the budget year preceding the budget year for which such appropriation is not made.
Termination of this Contract by City in accordance with this Section shall not constitute an act of
default by City, and upon such ternunation City shall have no further obligations hereunder.
17.05 Notices. Any notices required to be given hereunder shall be deemed
given to the parties when personally delivered or when mailed, postage prepaid, to the parties at
the following respective addresses:
When to Citv:
City of Friendswood
910 South Friendswood Drive
Friendswood, Texas 77546
(713) 996-3200
When to Contractor:
IESI TX CORPORATION
550 West Highway 6
Alvin, Texas 77511
(281) 388-4210
17.06 Assignment. This Contract may not be assigned or transferred without
the written consent of the City, nor shall any Subcontractor be recognized or dealt with by the
City or any of the persons chargeable with the enforcement of the Contract during its term.
17.07 Law and Venue. This Contract shall be construed under and in
accordance with the laws of the State of Texas, and venue for any action hereunder shall be
Galveston County, Texas.
17.08 Force Majeure. Neither City nor Contractor shall be responsible for
delays caused by Acts of God, government laws or regulations, war, epidemic, strikes or
lockouts, riots, power failure, or other causes beyond its control, provided, however, that either
party shall have the right to terminate the Contract on thirty (30) days notice if the delay does not
abate within a period of ninery(90) days.
17.09 Silence Of Specifications. The apparent silence of these specifications
as to any detail or the apparent omission from it of a detailed description conceming any point
shall be regarded as meaning that only the best commercial practices are to prevail. All
interpretations of the specifications of this Contract shall be made on the basis of this
statement.
FWD Refuse Contract 2002 18
17.10 Entire Contract. This Contract supersedes any and all other Contracts,
either oral or in writing, between the parties hereto with respect to the subject matter hereof, and
no other Contract, statement or promise relating to the subject matter of this Contract which is
not contained herein shall be valid or binding.
EXECUTED in multiple originals as of the 21 day of October , 2002.
ATTEST: CITY OF FRIENDSWOOD, TEXAS
. �
By: By:
Deloris McKenzie, RM arold H. Whitaker
City Secretary Mayor
ATTEST: IESI TX CORPORATION
By: �
ti��.wr✓ By: ,J e�N'i ,� .ar.�
Name: Name: T� Q,edw,v
Title: ��/ �-. Title: �C� {�i�r o•��✓T
FWD Refuse Contract 2002 19
CORRECTED EXHIBIT "A"
IESI TX CORPORATION EXHIBIT"A"
660 W Hwy 6.AWIN,TX 77511
,F '.��� p}1�;t fJandl�n,�DistrictManager
City of Friendswood
CUSTOMER RATE SCHEDULE
(Amended as of 10/02/02)
Ef(ective:12J01l02
COMMERCIAL CUSTOMER RATE SCHEDULE
CONTAINER Liits Per Week
SIZE ` �.`v . '� j,�
.a � h� '�,� � . +. � ,c .,Y'�ge� .,5w.
'; �;
�4 ��;' 58.14 68.29 115.67 161.94 212.53 267.78 12.00
'HF` fi t
}` '"' 66.58 86.85 161.35 225.67 296.47 373.55 18.00
�.x Y .,
"� 66.58 86.85 161.35 225.87 296.47 373.55 24.00
x�� �' a.i 74.98 134.87 195.46 260.58 325.76 390.84 36.00
':: �4"'3.M"L '.
`' '' 133.13 204.31 260.64 347.44 444.17 533.56 48.00
,�
Containars w/Caste►s : 6.00 per month
Containers wi Locks or Os�es ; 7�0 per month
Commercial Reeyclinp S 70.00 per monffi-6 Cubic Yd
S 86.00 per rtaeth-8 CuDic Yd
ROLL OFF RATE SCHEDULE
��;� ,� ° ,
r , 4 �^
S�E ' S,.
� ,t:
F :::t
; . ,. ,.. ,
5.00 55.00 276.OU
�� ; 5.00 55.00 332.00
� ��_ �..:t
� ,. ; 5.00 55.00 395.00
�, ,
5.00 55.00 306.00
���`�f 5.00 55.00 365.00
' ��� 5.00 55.00 395.00
"Opeo Tops OniY
RESIDENTIAL CURBSIDE&RECYCUN(3 COU.ECTION: s7.84 per morrth
LIGHT COMMERCIAL COLLECTION(1 X Week): 520.25 per month
LIGHT COMMERCIAL COI.LECTION(2 X W�k): 527.00 per month
ATTACHMENT TO
CONTRACT FOR REFUSE COLLECTION AND DISPOSAL SERVICE5
NOTES TO EXHIBIT ��A"RATE SCHEDULE
NOTE 1. Pursuant to Section 13,04 of the Contract, Contractor is responsible for all
billings and collections for service to Commercial Units and Light Commercial Units.
The rates shown on this Exhibit "A" are the maximum rates which may be charged by
Contractor(unless modified pursuant to Section 13.02 of the Contract). Further,pursuant
to Section 13.05 of the Contract, Contractor is to pay to City an 8% Street Use/City
Administration Fee on all gross revenues from Commercial Units and Light Commercial
Units. Contractor shall not be authorized to increase the maximum rates set forth in this
Exhibit "A" for the purpose of satisfying its obligations for Street Use/City
Administration Fees. Provided however, if City elects to increase such fee, Contractor
shall be authorized to increase the maximum rates set forth in this E�chibit "A"
proportionately with any such increase.
NOTE 2. Pursuant to Sections 13.01 and 13.04.01 of the Contract, City will pay
Contractor in accordance with the schedule of rates shown on Exhibit"A"for Residential
Units and recycling services.
' �
RESOLUTION NO.R2002-53 �
A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
�
FR�NDSWOOD, TEXAS, AUTHORIZING THE MA,YOR TO EXECUTE
AND THE SECRETARY TO ATTEST; RESPECTIVELY, A CONTRACT
FOR REFUSE COLLECTION AND DISPOSAL SERVICES, BY AND
BETWEEN THE CITY AND IESI TX CORPORATION.
* �: � * *
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That the Mayor and the City Secretary be, and they are hereby, authorized
and directed to execute and attest, respectively, that Contract for Refuse Collection and Disposal
Services, by and between the City and IESI TX CORPORATION, a copy of which agreement is
attached hereto and made a part hereof for all purposes.
PASSED,APPROVED, AND RESOLVED this 2lst day of october ,2002.
�
Harold L. Whit�ker
Mayor
ATTEST:
� �
� �
Deloris McKenzie, T C
City Secretary
AMENDMENT TO CONTRACT FOR
REFUSE COLLECTION AND DISPOSAL SERVICES
THE STATE OF TEXAS §
§
COUNTY OF GALVESTON §
This Amendment to Contract for Refuse Collection and Disposal Services is
made and entered into by and between the City of Friendswood("City"), a home rule law
municipal corporation located in Galveston and Harris Counties, Texas, and IESI T'X
CORPORATION,a Texas corporation("Contractor").
WITNESSETH:
WHEREAS, City and Contractor entered into a CONTRACT FOR REFUSE
COLLECTION AND DISPOSAL SERVICES ("Agreement"), dated October 21,2002, a
true and correct copy of which is attached hereto and made a part hereof as Attachment
A;and
WHEREAS, City and Contractor desire to amend such Agreement as set forth
herein below;now therefore,
For and in consideration of the mutual obligations and benefits to be derived
hereunder,the Agreement is hereby amended as follows:
A. Section 3 of the Contract, entitled "Term," is hereby amended to provide
as follows:
3. Term. This Contract shall be for a term and period of one(1)year,
commencing on December l, 2007, and shall be automatically renewed for
four (4) successive one year renewal terms unless notice of non-renewal is
given by either party to the other not less than one hundred-twenty (120)
days prior to the expira.rion of the primary or any renewal term."
B. Section 13.02 of the Contract, entitled "Modification of Rates," is hereby
amended to provide as follows:
13.02 Modification of Rates. Contractor may request annual increases
in rates. Any such request shall be submitted to City on or before the
120�' day preceding the expiration of the primary or any renewal term
hereof, to be effective the following term yeaz. Any such request shall be
reflective of actual increases in costs incurred by Contractor, such as
increased landfill fees,cost increases necessitated by new laws,ordinances
or regulations adopted by local, state or federal agencies, or increased
labor, superintendence, equipment, fuel, or other similar operational costs.
City may grant or deny any requested increase. In the event City denies a
request, Contractor shall be entitled to terminate this Contract upon one
hundred twenty (120) days advance written notice thereof. No annual
increase in rates shall exceed by more than five percent (5%) the rate in
effect during the preceding term year. Contractor shall be responsible for
notification of alI Commercial Units and Light Commercial Units affected
by a rate increase. This notification shall be made prior to the effective
date of the new rates.
C. Exhibit "A" of the Contract, which contains the rates and charges
authorized to be levied and collected by Contractor, is hereby amended to provide as
follows:
See Exhibit "A" hereto, entitled "IESI TX Corporation Rate Schedule,
City of Friendswood,2007:'
EXECUTED in duplicate originals this 5 day of November
2007. ' ,
CITY, � END WOOD
By: .._
David J. . Smi
Mayor
Atte .
. �
De oris McKenzie,T
City Secretary �0* f �0,�
t� v IESI T7 TION
* t BY• �
� � Thomas L. rown
Chief Operating Officer
2
IESI TX CORPORATION Exhibit"A"
Sb0 W Hwy 6.ALVIN,TX 77511
. ''� I Contact: C3us Dupas,District Manayer
Phone: (281)331-0810
City of Friendswood
CONTRACT RATE SCHEDULE
Commercial increase� �o.ox Etrective:�zro�ro�
COMMERCIAL RATE SCHEDULE
CONTAINER LiRs Per Week
S�� 'f-'SF.�'�. � �F�� �f .���'� �, i 1 �S �4. , �� "
?s, y-� � .� ,a�r �,e�.
�.y: �,* 4 V�;� 3 „'i
,�,�,. T3.68 86.54 146.59 205.22 269.34 339.36 i 4.18
M�� ���� � ���`; 84.38 110.06 204.48 286.24 375.71 473.40 2127
�#; ;' 84.38 110.06 204.48 286.24 375.71 473.40 28.35
,�� :,'. �;:
� � ry: 95.02 170.92 247.70 330.22 412.83 495.30 42.53
�� ' �=�'a �~" 168.72 258.92 330.31 440.31 562.89 676.17 56.71
Containen w/Casten SS.Sp per pAor�h
Containers w/Locks or Gates s8.25 per Month
Commerclal R�cycling 577.00 per month-6 Cubfc Yd
Commercial Recycling tss.so per month-8 Cubic Yd
ROLL OFF RATE SCHEDULE
J"�'�� b5` � I�1F v, � u n
SIZE � ;: : ..' ;`.
�
x � ...'_-- � . ��� ��:;n -
�� �',,; 5.91 64.98 326.07
� �G�'��� 5.91 64.98 392.22
�'.s� 5.91 65.00 466.65
� ;;, ,, ,_
� '.-; 5.91 64.98 361.51
i a-<'-
�����;.. 5.97 64.98 431.21
� ....s
��� �A; 5.91 64.98 466.65
'o�n Ta�s o�iy
RESIDENTIAL CURBSIDE 8 RECYCUN(i COLLECTION: s11.03 per nwntlt
LICiHT COMMERCWL COLLECTION(1 X Week): ;23,77 per month
LIOHT COMMERCIAL COLLECTION(2 X Week): �31,69 per month
'Commerciai rates do not include 8%tranchise tee or 7.7'S%sales tax. Residential►ate does�ot incl�e 10%admin.fee.
Exhibit A to Exhibit A
(R2009-65)
IESI TX CORPORATION Exhibit"A"
827 W Hwy 6,ALVIN,TX 77511
� ' Phone: (281)331-0810
City of Friendswood
CONTRACT RATE SCHEDULE
Increase=4.2% Effective:12/01/09
COMMERCIAL RATE SCHEDULE
CONTAINER Lifts Per Week
SIZE '��,�F;r�- 2 �.t :3' 4 � �; 8 F�tr`���»ift�;
,��, . � �� �
_ s,..��.
���ti�ii�Ycl �;' � 76.38 90.10 152.43 213.31 �� 279.83 352.43 14.65
��� E -:
3��b�EY�.�° .�� 87.63 114.81 212J8 297.72 390.60 491.94 21.97
�r����
�..C�r�irc'Yd � '' 87.87 115.29 213.50 298.69 391.80 493.39 29.29
6�t��C.j�d ,`f 99.32 178.95 259.47 345.92 432.45 518.84 43.94
,t�-�r
a �
8�trbN�;�� � =� 175.71 270.54 346.00 461.23 589.42 708.03 58.59
Containers w/Casters $5.67 per Month
Containers w/Locks or Gates $8.50 per Month
Commercial Recycling $79.31 per month-6 Cubic Yd
Commercial Recycling $96.37 per month-8 Cubic Yd
RESIDENTIAL CURBSIDE&RECYCLING COLLECTION: $11.49 per month
LIGHT COMMERCIAL COLLECTION (1 X Week): $24.61 per month
LIGHT COMMERCIAL COLLECTION (2 X Week): $32.90 per month
*Commercial rates do not include 8%franchise fee or 7.75%sales tax.