HomeMy WebLinkAboutOrdinance No. 2025-33 ORDINANCE NO. 2025-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, GRANTING TO WASTE CONNECTIONS OF TEXAS, LLC, THE RIGHT,
PRIVILEGE,AND FRANCHISE TO PROVIDE FOR THE COLLECTION, HAULING,
RECYCLING, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND
RECYCLABLE MATERIALS IN THE CITY OF FRIENDSWOOD, TEXAS;
PRESCRIBING COMPENSATION FOR THE RIGHT,PRIVILEGE,AND FRANCHISE
CONFERRED HEREUNDER; CONTAINING OTHER PROVISIONS RELATED
THERETO; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE.
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WHEREAS, the City of Friendswood is authorized to regulate and provide solid waste
collection, hauling, recycling, and disposal services within its corporate limits under terms and
conditions deemed appropriate by the City Council;and
WHEREAS, the City conducted a city-wide waste and recycling survey to obtain feedback
from residents and commercial businesses regarding solid waste and recycling services desired in the
City;and
WHEREAS, the City received 1,797 responses from residents and businesses throughout the
City, which revealed that a majority was satisfied with the existing trash service, the availability of
recycling programs,the materials currently collected by the recycling program,the heavy trash pickup,
and the cost of services received under the current franchise;and
WHEREAS, such survey also revealed that approximately 78% of the people surveyed
prioritized twice a week trash pickup over curbside recycling and heavy-trash pickup and 58%
prioritized heavy trash pickup over curbside recycling; and
WHEREAS, after reviewing the results of the survey and current market conditions,the City
Council has determined that granting an exclusive franchise for such services will promote efficiency,
consistency, and environmental sustainability in the collection and disposal of solid waste and
recyclable materials; and
WHEREAS, Waste Connections of Texas, LLC, has demonstrated the capacity, experience,
and commitment to provide high-quality solid waste services in accordance with applicable laws,
regulations, and the terms of the proposed franchise agreement; and
WHEREAS, the City Council hereby finds that it is necessary and appropriate to enter into
this franchise agreement with Waste Connections of Texas,LLC,for the collection,hauling,recycling,
and disposal of municipal solid waste and recyclable materials in order to protect and preserve the
public health and safety and to ensure reliable, cost-effective, and environmentally responsible solid
waste management;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found
to be true and correct and are hereby adopted by the City Council of the City of Friendswood,Texas.
Section 2. The City Council hereby grants the franchise described in Section 3 hereof to
Waste Connections of Texas, LLC, for the collection, hauling, recycling, and disposal of municipal
solid waste and recyclable materials.
Section 3. The City Council hereby authorizes the Mayor to execute the Franchise
Agreement for the Collection, Hauling, Recycling, and Disposal of Municipal Solid Waste and
Recyclable Materials in the City of Friendswood, which is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 4. In the event any clause phrase,provision,sentence,or part of this ordinance or the
application of the same to any person or circumstances shall for any reason be adjudged invalid or held
unconstitutional by a court of competent jurisdiction, it shall not affect,impair,or invalidate this ordinance
as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional;and
the City Council of the City of Friendswood,Texas,declares that it would have passed each and every part
of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,
whether there be one or more parts.
Section 5. All ordinances or parts of ordinances in conflict or inconsistent with this ordinance
are hereby expressly repealed.
Section 6. The work and activity done in connection with the franchise granted hereunder
shall be subject to and governed by all present and future federal, state, and local laws, rules, and
regulations.
Section 7. The City Secretary is hereby directed to give notice of the purpose of the franchise
agreement herein approved along with a description of the changes made by such agreement within ten(10)
days after the final passage of this ordinance. Such notice,in substantially the form set forth in Exhibit"B"
attached hereto, shall be published in the City's official newspaper and on the City's Internet website and
provided to any other registered or approved solid waste service provider operating in the City.
Section 8. That this ordinance,having been published in accordance with Section 9.03 of the
Charter of the City of Friendswood,shall take effect on January 1,2026,after its passage on final reading
by the City Council.
INTRODUCED,READ AND PASSED on first reading by the affirmative vote of the City
Council of the City of Friendswood on this the 3`d day of November, 2025.
l
JOI LLISOR, Mayor Pro Tern
ATTEST:
OF FRIENDS
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APPROVED AS TO FORM:
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KAREN L. HORNER, City Attorney
INTRODUCED, READ AND PASSED on second and final reading by the affirmative
vote of the City Council of the City of Friendswood on this the 1' day of December, 2025.
IL/
MIKE • •REMAr, Mayor
ATTEST:
, � I ,,��//�� FRIE/NO
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RA E' I ARTINEZ, City Se jr.ry 3 4
APPROVED AS TO FORM: c5'�
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KAREN L. HORNER, City Attorney
I I:\City Council\Ordinances12025\I I-03-2025\Ordinance-Franchise Agreemcnt.docx
3
Exhibit "A"
FRANCHISE AGREEMENT
FOR THE COLLECTION, HAULING, RECYCLING AND DISPOSAL OF
MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS
IN THE CITY OF FRIENDSWOOD, TEXAS
STATE OF TEXAS
COUNTY OF GALVESTON §
This Franchise Agreement(this"Agreement") is made and entered into as of the l"day of January,
2026, by and between Waste Connections of Texas, LLC, a Delaware limited liability company (the
"Service Provider"), and the City of Friendswood, Texas (the "City")to grant to the Service Provider the
franchise, license and privilege to collect, haul and recycle or dispose of Municipal Solid Waste and
Recyclable Materials (as such terms are defined herein) within the City's corporate limits, subject to all
applicable federal, state, and local laws.
1. Defined Terms.
The following terms,as used herein,shall have the meanings ascribed to them in this section,except
where the context clearly indicates a different meaning:
Bag means a plastic sack, secured at the top, designed to store refuse with sufficient wall
strength to maintain physical integrity when lifted by the top.
Bulky Item means any item measuring in excess of either forty-eight (48) inches in length
or fifty(50)pounds in weight, including,but not limited to,refrigerators,stoves,washing machines,
water tanks, chairs, couches, and other similar household items.
Bundles means items not measuring in excess of either forty-eight(48) inches in length or
fifty (50)pounds in weight and which are securely fastened together, including, but not limited to,
brush, newspapers,and tree trimmings.
Business Day means any day that is not a Sunday or a Holiday.
Calendar Year means the period beginning January 1 and ending on the succeeding
December 31.
City Manager means the City Manager of the City of Friendswood or his designated
representative.
Commercial Unit means any non-manufacturing commercial facility that generates and
accumulates Municipal Solid Waste during,or as a result of, its business, including, but not limited
to, restaurants, stores, and warehouses.
Construction and Demolition Waste means Solid Waste resulting from construction or
demolition activities or that is directly or indirectly the byproduct of such activities, including, but
not limited to, cartons, concrete, excelsior, gypsum board, metal, paper, plastic, rubber and wood
products.Construction and Demolition Waste does not include Hazardous Waste, Municipal Solid
Waste, Recyclable Materials or Bulky Items.
100126427.DOCX.1Franchise Agreement, Page 1
Municipal Solid Waste means Solid Waste resulting from or incidental to municipal,
community, commercial, institutional or recreational activities, or manufacturing, mining, or
agricultural operations. The term "Municipal Solid Waste" does not include and specifically
excludes Construction and Demolition Waste or Hazardous Waste.
Paper Bag means a biodegradable paper "kraft"-type bag designed for the disposal of
Green Waste, not to exceed a capacity of 32 gallons.
Recyclable Materials means
(1) Newspapers, magazines, and catalogs, and other paper items such as mail,paper
paper;bags, other aP er;
(2) Glass bottles and jars(excluding mirrors,windows,ceramics and other glass
products);
(3) Metal cans composed of tin, steel or aluminum(excluding scrap metal);and
(4) Plastic containers including all varieties of the types designated as#1,#2,#3,#4,
#5 and#7.
Recycling Bin means a Container with eighteen (18) gallons of capacity and provided by
the Service Provider for the collection of Recyclable Materials.
Recycling Cart means a Roll-Out provided by the Service Provider for the collection of
Recyclable Materials.
Residential Unit means any residential dwelling that is either a Single-Family Residential
Unit or a Multi-Family Residential Unit.
Roll-Off Container means a Container with twenty (20) cubic yards to forty (40) cubic
yards of capacity.
Roll-Out Container means a Container with ninety-six(96)gallons of capacity.
Single-Family Residential Unit means any residential dwelling that is designed for and
inhabited by a single person or family unit and that generates and accumulates Municipal Solid
Waste and Recyclable Materials.
Solid Waste has the meaning ascribed to it by the EPA under 40 C.F.R. §261.2(a)(I),or by
the State of Texas under the Solid Waste Disposal Act§361.003(34)whether such waste is mixed
with or constitutes Recyclable Materials.
White Good means any item not measuring in excess of either three (3) cubic feet in size
or fifty (50) pounds in weight and that is manufactured primarily from metal, including, but not
limited to,a bathtub,heater, hot water heater, refrigerator, sink,or washer and dryer.
2. Franchise Grant.
The City hereby grants to the Service Provider, in accordance with the City's charter, ordinances,
and regulations governing the collection,hauling,recycling,and disposal of Municipal Solid Waste
and Recyclable Materials,the franchise,license and privilege to collect,haul,and recycle or dispose
of Municipal Solid Waste and Recyclable Materials over,upon,along and across the City's present
and future streets, alleys, bridges and public properties, and acknowledges and agrees that, to the
extent allowed by law,the Service Provider shall be the sole provider of such services.The Service
Provider accepts such franchise and agrees to perform all work and services herein in a timely
{00126427.DOCX.I Franch i se Agreement, Page 3
provided for in Section 9(a)hereto. Single-Family Residential Units must comply with any
description of and/or procedures with respect to removal of contaminants or preparation of
Recyclable Materials as reasonably provided by Service Provider. If any Single-Family
Residential Unit fails to do so, Service Provider may decline to collect such materials as
Recyclable Materials, and shall dispose of them as Municipal Solid Waste, without being
in breach of the Agreement. Service Provider shall not be responsible for and has not made
any representation regarding the ultimate recycling of such Recyclable Materials by any
third-party facilities.
(b) Excess or Misplaced Municipal Solid Waste. The Service Provider shall only be required
to collect a maximum of either two(2)Recycling Bins or one(1)Recycling Cart from any
Single-Family Residential Unit. Additionally, the Service Provider shall only be
responsible for collecting, hauling and recycling or disposing of Municipal Solid Waste
and Recyclable Materials placed inside the Containers or Bags. Municipal Solid Waste and
Recyclable Materials in excess of the maximum aggregate limit above, in excess of the
Containers'or Bags'limits,or placed outside or adjacent to the Containers or Bags will not
be collected by the Service Provider. However, such excess or misplaced Municipal Solid
Waste and Recyclable Materials may be collected on occasion and within reason due to
Holidays or other extraordinary circumstances as determined by the Service Provider in its
sole discretion.
(c) Handicapped Residential Units. Notwithstanding anything to the contrary contained
herein, the Service Provider agrees to assist Handicapped Residential Units with house-
side collection of their Containers;provided that the Service Provider receives prior written
notice from the Handicapped Residential Unit of such special need.
5. Commercial,Industrial and Multi-Family Residential Unit Collections.
The Service Provider will collect Municipal Solid Waste and Recyclable Materials from
Commercial, Industrial and Multi-Family Residential Units up to six (6) times per week, as
provided for in Section 9(b) hereof. The Service Provider shall only be responsible for collecting,
hauling and recycling or disposing of Municipal Solid Waste and Recyclable Materials placed
inside the Containers provided by the Service Provider. However, the Service Provider shall be
obligated to offer and provide sufficient service to Commercial, Industrial and Multi-Family
Residential Units,and to increase or decrease,as necessary,the frequency of collection and the size
or number of Containers so that Commercial, Industrial or Multi-Family Residential Units'
Municipal Solid Waste and Recyclable Materials will be regularly contained.The Service Provider
shall be compensated for these additional Services as provided for in Section 9(b) hereof. The
parties acknowledge and agree that the Service Provider shall not be responsible to City for damage
to any private pavement or accompanying sub-surface of any route reasonably necessary to perform
the Services herein contracted and that the Single-Family,Commercial, Industrial or Multi-Family
Residential Unit assumes all liabilities for damage to pavement, unless such damage is caused by
Service Provider's negligence or willful misconduct. Commercial, Industrial or Multi-Family
Residential Units must comply with any description of and/or procedures with respect to removal
of contaminants or preparation of Recyclable Materials as reasonably provided by Service Provider.
If any Commercial, Industrial or Multi-Family Residential Unit fails to do so,Service Provider may
decline to collect such materials as Recyclable Materials and collect and dispose of the same as
Municipal Solid Waste without being in breach of the Agreement. Service Provider shall not be
responsible for and has not made any representation regarding the ultimate recycling of such
Recyclable Materials by any third-party facilities.
100126427.DOCX.IFranchise Agreement, Page 5
parks; the Service Provider shall decide, in its sole discretion, which type of Containers to
use in providing such services.
(b) Special Events. The Service Provider will provide, at no cost to the City, an adequate
number of Containers to collect Municipal Solid Waste at the following special events in
the City: City's Spring Sparkle, Fall Haul-A-Day, Independence Day Celebrations, and
Santa in the Park;provided that the City gives the Service Provider reasonable prior written
notice of the date of such special event as well as the number of Containers that will be
required. Cleanup will consist of seven(7)Roll-Off Containers,two(2)roll-off trucks and
drivers,two(2)brush trucks with drivers and two(2)helpers,and four(4)rear-load trucks,
four(4)drivers, and four(4)helpers.
(c) Port-O-Lets. The Service Provider shall provide Port-O-Lets during the Independence Day
Celebrations and Little League Opening Day. Additionally, the Service Provider shall
provide five(5)Port-O-Lets at Centennial Park, as needed.
(d) Friendswood ISD Recycling. The Service Provider shall provide, at no cost to the City,
collection of Recyclable Materials to all Friendswood ISD schools located in the City
limits. The Service Provider shall determine the type/size of the Containers and the
frequency of the collections.
7. Bulky Items and Green Waste.
(a) Pre-Arranged Collections.The Service Provider will collect Bulky Items and Green Waste
from Single-Family Residential Units once per week, as designated by the Service
Provider; provided that the Bulky Items or Green Waste (i) are placed at the curbside no
later than 7:00 a.m. on the scheduled collection day, (ii)are reasonably contained, (iii)are
limited to one Bulky Item per Single-Family Residential Unit per week; (iv)are limited to
three (3) yards of Green Waste per Single-Family Residential Unit per week: and (v) do
not have any individual item exceeding fifty(50) pounds in weight. The Service Provider
shall only collect Green Waste that has been placed in Paper Bags or secured in a bundle
weighing less than fifty (50) pounds with no item measuring more than 48 inches. The
Service Provider shall only be responsible for collecting,hauling and recycling or disposing
of Bulky Items and Green Waste from those Single-Family Residential Units that have
complied with this Section 7(a) and Section 1. White Goods containing refrigerants will
not be collected by the Service Provider unless such White Goods have been certified in
writing by a professional technician to have had all such refrigerants removed.
(b) Negotiated Collections. It is understood and agreed that the service provided under Section
7(a). does not include the collection of Bulky Items and Green Waste comprised of
Construction and Demolition Waste, White Goods or any materials resulting from
remodeling, debris from severe weather events that exceeds ordinary Green Waste
collection, general property clean-up or clearing of property for the preparation of
construction. However,the Service Provider may negotiate an agreement on an individual
basis with the owner or occupant of a Single-Family Residential Unit regarding the
collection of such items by utilizing the Service Provider's roll-off services.
8. Title to Equipment.
Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed
that all equipment, including, but not limited to, Containers, provided by the Service Provider in
connection with the Services, shall at all times remain the property of the Service Provider;
{00I26427.DOCX.IFranchise Agreement, Page 7
I ypc of Container Monthly Cost
Rec din,. Container—8 Cubic Yards $124.04
Commercial front-load Containers that are $55.00
overloaded by either weight or volume per overloaded container
The foregoing rates apply to all Commercial, Industrial and Multi-Family Residential Units
that are located within the City's corporate limits.
(c) Roll-Off Services. The Service Provider will negotiate agreements with each Commercial,
Industrial or Residential Units on an individual basis regarding the Roll-Off Services to be
provided. The roll-off services will be billed directly to such Commercial, Industrial or
Residential Unit and will be collected by the Service Provider. The Roll-Off Containers
provided pursuant to this Section 9(c) must be located within the City in accordance with
City ordinances and policies.Notwithstanding anything to the contrary contained herein, a
Franchise Fee shall not apply to the services set forth in this Section 9(c).
10. Penalty.
Should the Service Provider fail to collect all residential solid waste in accordance with schedules
approved by the City,the Service Provider shall (i) notify the affected customers through Service
Provider's app, if customers are enrolled for such notifications, and the City and (ii) collect such
missed waste the next business day. Should the Service Provider fail to collect residential solid
waste within one business day after the required collection day, the City, in addition to all other
remedies, may assess a civil penalty of an amount not to exceed FIVE HUNDRED AND NO/100
DOLLARS ($500.00)per day; provided that the failure to timely perform collection services was
not due to a weather event or force majeure event.
11. Rate Adjustment.
Beginning on January 1, 2027, and on January 1 thereafter, the Service Provider may request an
increase in the rates charged by the Service Provider for the Services from the City to account for
changes in costs incurred by the Service Provider, including, but not limited to, changes in the
Consumer Price Index for all Urban Wage Earners; increased disposal costs; increased Landfill
fees; changes in federal, state, or local laws, rules, or ordinances that introduce or increase fees,
taxes or similar assessments; increased labor or equipment costs;or increased operational costs. In
the event the City fails or refuses to consent to any such requested rate increase and the Service
Provider can demonstrate that such rate increase is necessary to offset the Service Provider's
increased costs in connection with performing the services under this Agreement not otherwise offset
by any previous rate adjustments hereunder, the Service Provider may, in its sole discretion,
terminate this Agreement upon one hundred twenty(120)days'written notice to the City.
12. Exclusions.
Notwithstanding anything to the contrary contained herein, this Agreement shall not cover the
collection,hauling,recycling or disposal of any Hazardous Waste,animal or human,dead animals,
auto parts, used tires, concrete, dirt, gravel, rock or sand from any Container located at any
Commercial, Industrial or Residential Unit; provided, however, that the Service Provider and the
owner or occupant of a Commercial, Industrial or Residential Unit may negotiate an agreementon
an individual basis regarding the collection, hauling or disposal of Construction and Demolition
Waste,auto parts, used tires,concrete, dirt, gravel, rock or sand by utilizing the Service Provider's
roll-off Services.
{00126427.DOCX.)Franchise Agreement, Page 9
shall be made by the Service Provider on or before the 201h day of each month (for the
immediately preceding month's service).
(c) Taxes. In addition to the amounts billed and collected by the City under Section 15(a), the
City shall also be responsible for collecting and remitting or paying any and all sales, use
and service taxes assessed or payable in connection with the amounts collected under
Section 15(a). In addition to the amounts billed and collected by the Service Provider under
Section 15(b),the Service Provider shall also be responsible for collecting and remitting or
paying any and all sales, use and service taxes assessed or payable in connection with the
amounts collected under Section 15(b).
(d) Bad Debt; Unpaid Rates/Fees. The City agrees that payments owing to the Service
Provider pursuant to this Agreement shall be based solely on the Services rendered by the
Service Provider. The Service Provider shall not be held responsible for the collection of
"bad debt" billed by and owed to City for the Services, nor shall the Service Provider be
penalized for Services rendered that remain unpaid by any Commercial, Industrial or
Residential Unit.
(e) Billings for Roll-Off Services. Notwithstanding the above, the Service Provider will bill
and collect from all Residential, Commercial and Industrial Units for Services performed
with respect to Roll-Off Containers. The Service Provider shall not pay a Franchise Fee on
any amounts collected under this Section 15(e).
17. Spillage.
The Service Provider, at its sole cost, shall immediately clean or remove all loose or spilled
Municipal Solid Waste or Recyclable Materials caused by the Service Provider or released from
the Service Provider's vehicle,and in any event no longer than one(1)Business Day after receiving
notice from the City. It is understood and agreed, however, that the Service Provider shall not be
required to clean up,collect or dispose of any loose or spilled Municipal Solid Waste or Recyclable
Materials not caused by the Service Provider's rendering of the Services, or be required to collect
and dispose of any excess Municipal Solid Waste or Recyclable Materials placed outside of the
Containers by any Commercial, Industrial or Residential Unit. The Service Provider shall report
the location of such conditions to the City so that the City can issue proper notice to the owner or
occupant of the Commercial, Industrial or Residential Unit instructing the owner or occupant to
properly contain such Municipal Solid Waste or Recyclable Materials. Should excess Municipal
Solid Waste or Recyclable Materials continue to be placed outside of the Containers,the City may
require the Commercial, Industrial or Residential Unit to increase the frequency of collection of
such Municipal Solid Waste or Recyclable Materials, or require the Commercial, Industrial or
Residential Unit to utilize a Container with sufficient capacity so that the excess Municipal Solid
Waste or Recyclable Materials will be regularly contained. The Service Provider shall be
compensated for these additional Services as provided for in Section 9 hereof and shall be entitled
to receive an extra collection charge for each additional Container requiring an extra collection.
18. Non-Collection Notice and Follow-Up.
(a) Notice from the Service Provider. It is specifically understood and agreed that where the
owner or occupant of a Commercial, Industrial or Residential Unit fails to timely place a
Container or Bag as directed in Sections 4 and 5 hereof, or is otherwise in violation of the
City's ordinances and regulations, the Service Provider's reasonable rules adopted
hereunder or the provisions of this Agreement relating to the nature, volume or weight of
Municipal Solid Waste, or Recyclable Materials to be removed, the Service Provider may
{00126427.DOCX.}Franchise Agreement, Page II
regulations reasonably passed by the City that are not in derogation of this Agreement. Nothing in
this Agreement shall be construed in any manner to abridge the City's right to pass or enforce
necessary police and health regulations for the reasonable protection of its inhabitants. The City
shall have the right to make reasonable inspections of the Service Provider in order to ensure
compliance with this Section 20. Violations of any applicable federal and/or state law will be
corrected at the Service Provider's expense. The Service Provider will pay for all applicable
penalties associated therewith.
•
22. Vehicles and Equipment.
Vehicles used by the Service Provider for the collection, hauling, recycling and disposal of
Municipal Solid Waste and Recyclable Materials shall be protected at all times while in transit to
prevent the blowing or scattering of Municipal Solid Waste and Recyclable Materials onto the
City's public streets,or properties adjacent thereto, and such vehicles shall be clearly marked with
the Service Provider's name in letters and local telephone numbers not less than two inches(2") in
height. All collection vehicles used by the Service Provider shall be washed and deodorized once
per week. Such vehicles shall be maintained throughout the term of this Agreement in an efficient
working condition, in compliance with all applicable laws and in accordance with the
manufacturer's specifications. The vehicles shall be painted as often as necessary to preserve and
present a well-kept appearance.The Service Provider shall have a regular preventative maintenance
program.
23. Due Care.
The Service Provider shall exercise due care and caution in providing the Services so that the City's
public and private property, including streets and parking areas,will be protected and preserved.
24. Personnel and Performance Standards.
(a) Employment.The Service Provider represents that it has or will secure,at its own expense,
all personnel required in performing the services under this Agreement. Such personnel
shall not be employees of or have any contractual relationship with the City. During the
term of this Agreement, the Service Provider shall be responsible for the actions of its
agents, servants and employees while such agents, servants and employees are acting
within the scope of their employment or agency. The Service Provider shall not deny
employment to any person on the basis of race, religion, color, sex, or national origin and
will ensure that all federal and state laws pertaining to salaries, wages and operating
requirements are met or exceeded.
(b) Customer Service. The Service Provider, its agents,servants and employees shall perform
the Services in a courteous,competent and professional manner.
(c) Uniforms. The Service Provider shall outfit each person performing services under this
Agreement within the City with uniforms that clearly identifies him/her as a representative
of the Service Provider.
(d) Safety. The Service Provider shall provide each person performing services under this
Agreement with appropriate safety equipment. The Service Provider shall assure that all
such persons are properly trained in safe operations and have sufficient skill, ability. and
experience to properly perform the duties to which they are assigned.
(e) Qualifications. The Service Provider shall not assign any person to perform services under
this Agreement who has been convicted of a felony or any offense that designates
{00126427.DOCX.}Franchise Agreement, Page 13
➢ The City, its officers, agents and employees are to be added as "additional insureds" to all
liability policies(excluding workers'compensation).
➢ Upon request and without cost to the City, certificates of insurance shall be furnished to
the City.
> All insurance required herein shall be secured and maintained in a company or companies
satisfactory to the City and shall be carried in the name of the Service Provider.
> The Service Provider shall provide copies of insurance certificates required hereunder to
the City on or before the effective date of the Agreement and each year thereafter.
➢ To the extent permitted by law,any or all of the insurance coverage required by this Section
24 may be provided under a plan(s)of self-insurance, including coverage provided by the
Service Provider's parent corporation.
26. Indemnity.
THE SERVICE PROVIDER SHALL INDEMNIFY, HOLD HARMLESS,
AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND
EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO AS
THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY
OF EVERY KIND, INCLUDING ALL REASONABLE EXPENSES OF
LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S
FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE
TO ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT, TO
THE EXTENT ARISING OUT OF THE WORK PERFORMED BY THE
SERVICE PROVIDER UNDER THIS AGREEMENT, BUT ONLY TO
THE EXTENT CAUSED BY THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF THE SERVICE PROVIDER. IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE
SERVICE PROVIDER AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE
SERVICE PROVIDER TO INDEMNIFY AND PROTECT THE CITY
FROM THE CONSEQUENCES OF THE SERVICE PROVIDER'S OWN
NEGLIGENCE OR WILLFUL MISCONDUCT, ONLY. IN THE EVENT
THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE
CITY FROM WHICH THE CITY IS INDEMNIFIED, THE SERVICE
PROVIDER FURTHER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO
THE CITY, WHICH APPROVAL SHALL NOT BE UNREASONABLY
WITHHELD. THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL SURVIVE THE TERMINATION OR
EXPIRATION OF THE AGREEMENT.
27. No Waiver.
Nothing herein shall be construed so as to limit or waive the City's governmental immunity.
{00126427.DOCX.1Franchise Agreement, Page 15
31. House Count.
The City and the Service Provider will conduct a count of all Single-Family Residential Units
located in the City's corporate limits once per year. The parties shall mutually agree on the day and
time for such count.
32. Reports/Records.
(a) Records. The Service Provider shall maintain records of the amount of Municipal Solid
Waste and Recyclable Materials disposed of under the terms of this Agreement,by weight
or volume, as designated by the City Manager. All records directly related to the Service
Provider's Services to the City shall be available for audit by the City from 8:00 a.m. to
5:00 p.m., Monday through Friday, within five (5) calendar days of a written request
therefor from the City to the Service Provider. Financial records will be maintained with
such adequacy so as to allow identification of the source of all revenue and expenditures
related to this Agreement.
(b) Transport of Recyclable Materials. The Service Provider agrees to transport the
Recyclable Materials to a registered recyclables processing center for further processing
and reclamation. Upon request,the Service Provider shall provide the City with copies of
delivery/weight tickets for deliveries.
(c) Reports. The Service Provider shall provide the City additional reports as may be
reasonably requested by the City Manager.
32. Force Majeure.
The performance of this Agreement may be suspended and the obligations hereunder excused in
the event and during the period that such performance is prevented by a cause or causes beyond
reasonable control of such party. The performance of this Agreement will be suspended, and the
obligations hereunder excused only until the condition preventing performance is remedied. Such
conditions shall include, but not be limited to, acts of God, acts of war, accident, explosion, fire,
flood, riot, sabotage, acts of terrorists, unusually severe or unsafe weather conditions, epidemic,
pandemic, inability to access equipment, lack of adequate fuel, or judicial or governmental laws or
regulations.
33. Governing Law.
This Agreement shall be governed in all respects, including as to validity, interpretation and effect,
by the internal laws of the State of Texas,without giving effect to the conflict of laws rules thereof.
The parties hereby irrevocably submit to the jurisdiction of the courts of the State of Texas and the
Federal courts of the United States located in the State of Texas, solely in respect of the
interpretation and enforcement of the provisions of this Agreement and venue for any legal action
or proceeding arising under or relating to the franchise herein shall lie exclusively in Galveston
County, Texas.
34. Notices.
Any notices required or permitted to be delivered hereunder shall be in writing and shall be deemed
to be delivered when deposited in the United States mail, postage prepaid, certified mail, return
receipt requested, addressed to the respective party at the address set forth below:
(00126427.DOCX.}Franchise Agreement, Page 17
shall, at all times throughout the duration of this Agreement, have a current, valid performance on
file with the City.
36. Entire Agreement.
This Agreement shall constitute the entire understanding of the parties hereto with respect to the
subject matter hereof, and no amendment, modification,or alteration of the terms shall be binding
unless the same be in writing,dated subsequent to the date hereof,and duly executed by all parties
hereto. Should any of the provisions contained in any of the contract documents be in conflict or
inconsistent with each other,such conflict or inconsistency shall be construed in favor of the City.
Furthermore,both parties expressly agree that the City Manager shall be the sole and final decision-
maker should any conflict arise hereunder.
37. Commercial Practices.
The apparent silence of this Agreement or specifications as to any detail,or the apparent omission
from it of a detailed description concerning any point, shall be regarded as meaning that the
standard in the industry is to prevail and that only material and workmanship indicative of the
industry standard shall be used. All interpretations of specifications shall be made on the basis of
this statement.
38. Damages.
Random checks of the facilities shall be carried out during the term of this Agreement at the option
of the City to ensure faithful performance and compliance with all the terms and conditions herein.
The Service Provider and the City understand and agree that the failure to perform the services in
the manner and pursuant to the terms of this Agreement in a timely manner may cause damage to
the City. In the event that the City sustains damage(s), the City may (i) make a claim for such
damages under the Service Provider's public liability, property damage insurance policy in effect
to the extent the claim arises from Service Provider's negligence or willful misconduct, or (ii)
deduct the amount of damages from many amount which is due or may become due throughout the
term of this Agreement; provided the City has invoiced Service Provider for such damages and has
not received payment from Service Provider within fifteen (15) days of such invoice. All such
remedies shall be cumulative of other remedies available to the City, and the City shall not be
required to elect any one remedy nor shall it be deemed to have made such an election by
proceeding to enforce any one remedy.
39. No Waivers.
Failure of either party hereto to insist on the strict performance of any of the agreements contained
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
40. Independent Contractor.
It is mutually understood and agreed that nothing in this Agreement is intended or shall be construed
as in any way creating or establishing the relationship of partners or co-partners between the parties
hereto, or as constituting the Service Provider as an agent or representative of the City for any
purposes or in any manner whatsoever. The relationship of the Service Provider to the City shall
be that of an independent contractor.
41. No Third-Party Beneficiaries.
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit
the Service Provider and the City only.
{00126427.DOCX.}Franchise Agreement, Page 19
WASTE CONNECTIONS OF TEXAS,
LLC.
(Signatu
C}!r or77 Li- t-
(Printed1an e)
i)... .S."%.J UGC (rC S CYO✓�
.,''gyp (Title)
STATE OF+_Te lv�g §
COUNTY OF %/�-GPI S §
Before me, C`ile ChM/ / 7'a .7 , the undersigned notary public, on this day
personally appeared (tact.? N-c E , the Th✓)'Si t;h, /I Cr' ONsi(Lai-
of WASTE CONNECTIONS OF TEXAS, LLC, on behalf of such limited liability company,
'known to me;
proved to me on the oath of ; or
proved to me through his/her current _
{description of identification card or other document issued by the federal government or
any state government that contains the photograph and signature of the acknowledging
person)
(Check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she
executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this Z2. day of
rotary Public in and for the State of Texas
My commission expires: �,b,z[,tuv / :xe;4?-1
‘,,'.,,, CHERYLANNMALTRUD
Notary ID#129228753
ir" My Commission Expires
February 17, 2029 r
H:1Contracts\Solid Waste Franchise\WC Redlines 10.08.2025 City of Fricndswood Franchise Agreemcnt.docx
(00126427.DOCX.}Franchise Agreement, Page 21
Exhibit "B"
°Swo'
-y+t%' v1
TEXAS
irr�f
CITY OF FRIENDSWOOD
OFFICE OF IE Cr1Y SECRETARY
NOTICE OF EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION,HAULING,
RECYCLING AND DISPOSAL OF
MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS
NOTICE is hereby given that the City Council of the City of Friendswood has entered into an exclusive
franchise agreement for the collection, hauling, recycling and disposal of municipal solid waste and
recyclable materials(the"Agreement")with Waste Connections of Texas, LLC(the"Contractor").
Purpose:
The Agreement grants the Contractor the exclusive right to provide collection, hauling, recycling and
disposal of municipal solid waste and recyclable materials services within the city limits of the City of
Friendswood. The primary purpose of the Agreement is to ensure consistent,efficient,and environmentally
responsible waste management practices that comply with local, state, and federal regulations. The
Agreement outlines performance standards, service requirements, pricing structures, and reporting
obligations, thereby protecting public health and promoting sustainability. Additionally, it provides a
framework for accountability and oversight, helping the City to ensure a high service quality level for its
residents and businesses within the City.
Description of Changes:
The Contractor is the current provider of waste management services in the City. The Agreement is similar
to past agreements with the following notable changes:
1. the removal of the Automated Collection Service Pilot Program;
2. the inclusion of Saturday as a business day;
3. the addition of definitions of a"light commercial unit"and a"paper bag";
4. a requirement for the Contractor to provide sufficient collection routes to meet the service
requirements specified in the agreement;
5. an increase in the number of containers (from 18 to 22) required for the collection of municipal
solid waste and recyclables from various municipal locations, including the animal control facility
and public works facility on Deepwood;
6. a limitation of the number of containers,drivers,trucks,and helpers that will be provided for special
events of the City;
7. a limitation of the amount of bulky items and green waste collected weekly from single-family
residential units,namely,one bulky item and three yards of green waste;
8. an increase of rates and fees;
9. the inclusion of a penalty provision should the Contractor fail to comply with the collection
schedules approved by the City;
10. the removal of the annual fuel cost adjustment;
11. the term of the Agreement is for three years beginning January 1, 2026,and ending December 31,
2028;and
12. the addition of the requirement that the City provide notice to the Contractor before exercising its
right to withhold payment from the Contractor.
For questions regarding the franchise agreement,please contact the City at 281-996-6250.
/s/RagIA.e'Martatel,
Raquel Martinez,City Secretary,TRMC
City of Friendswood
910 S.FRIENDSWOOD DRIVE,FitIF.NDswooD,T'Ex:\s 77546•OF No.::(281)996-3270•FAX:(281)482-1634