Ord. 0620 09-23-91ORDINANCE NO. 620
AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACT BY AND
BETWEEN CITY OF PEARLAND AND BEST WASTE, INC. FOR THE COL-
LECTION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE AND
RECYCLING SERVICES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION 1. That certain contract by and between CITY OF PEARLAND
and BEST WASTE, INC. for collection of residential and commercial
solid waste and addendum for processing of recyclables, a facsimile of
each being annexed hereto, designated Exhibit "A" hereof and incorpo-
rated herein for all purposes are authorized and approved.
SECTION 2. That the City Council finds that such agreements are
reasonable and necessary, that the fiscal obligation of the City
thereunder shall be payable out of budgeted items.
SECTION 3. That the Mayor of the City of Pearland, Texas, is
hereby authorized and directed to execute for and on behalf of the
City the annexed contract documents, and counterparts thereof and the
City Secretary is authorized to attest to the signing of said
agreement.
PASSED and APPROVED on First Reading this the % day of
/ A. D., 1991.
ATTEST:
CITY
T
PAJONES
SEC ARY
C. V. COPPINGER
MAYOR
PASSED and APPROVED on Second and Final Reading this 023 day of
,114,00,Z;,-es4,__,.A. D., 1991.
ATTEST:
PAT JONES
CITY SECRET Y
APPROVED AS TO FORM:
LESTER G. RORICK
CITY ATTORNEY
C. V. COPPING
MAYOR
2
RESIDENTIAL AND COMMERCIAL SOLID WASTE
TERVICES CONTRACT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This agreement made and entered into by and between the CITY OF
PEARLAND, a municipal corporation situated in Brazoria and Harris
Counties, Texas, acting by and through its Mayor, C. V. Coppinger,
hereunto duly authorized, hereinafter referred to as "CITY", and BEST
WASTE SYSTEMS, INC., a Texas Corporation, having its principal office
located in Galveston County, Texas, acting by and through its
President, Robert C. Drenth, hereunto duly authorized, hereinafter re-
ferred to as "CONTRACTOR".
W ITNESSET H:
That City and Contractor, for and in consideration of the mutual
covenants herein expressed, do hereby enter into the following
Contract for the collection of garbage, trash, and other refuse within
the corporate limits of City and for the collection and processing of
recyclables in accordance with the addendum hereof.
I.
The initial term of this Contract shall be for a period of FIVE
(5) YEARS commencing on and including OCTOBER 1, 1991, and continuing
through and including SEPTEMBER 30, 1996.
II.
It is hereby agreed, understood and contracted that the
Contractor shall do and perform the following acts:
A. Residential collection and disposal using plastic or paper bags
provided by user and designed to store refuse with sufficient
wall strength to maintain physical integrity when lifted by the
top. Total weight of a bag and its contents shall not exceed 50
pounds.
1. Contractor shall twice each week pick up from each residence
in the City all normal and usual household waste products as
may be placed in approved bags for collection purposes and
containing usually a mixture of putrescible, non-putresci-
ble, combustible, and incombustible materials, such as
organic wastes from food preparation and consumption, wrap-
ping and packaging materials, metal, glass, and plastic
containers and other items.
2. Prior to the effective date of this Contract, Contractor
shall file with City a schedule for residential collections.
After initial rendering of service, Contractor may designate
different days in the week for pickup service, provided he
first so advises the City Council at a regular meeting of
the City Council TWO (2) WEEKS prior to the effective date
of such change. Any such change shall be made so that not
more than SIX (6) DAYS elapse between garbage pickups.
Provided further, that there shall be no residential garbage
pickup on Sunday except by mutual consent of parties.
City and Contractor agree that SIX (6) MONTHS from the
effective date hereof, there shall take place a review of
the matter of the Wednesday/Saturday residential garbage
pickup. The parties agree to meet at a time and place, then
to be determined, and to consider the positive and negative
aspects of the said pickups. Any changes, however, to this
document which may be deemed appropriate shall be affected
only by amendment hereof.
3. Contractor shall pick up twice each week at any suitable
"curbside" location. Curbside is defined as any location
upon the lot or yard of the residence which is within FIVE
(5) FEET of the roadway surface which affords the principal
means of access to such residential lot. Provided, however,
that Contractor shall make a reasonable accommodation for
those persons, who, by reason of age or infirmity, cannot
place materials for pickup at a curbside location. Applica-
tion for disability exemption should be made in writing to
Contractor.
4. City will provide the bulk waste and/or heavy pickups. As
used herein, bulk waste and/or heavy pickups shall mean
those items which cannot be placed in a bag conforming with
the requirements of paragraph II.A. hereof.
B. Small commercial collection and disposal.
1. Contractor shall, twice each week, pick up from each small
commercial establishment in the City and dispose of the
contents of FIVE (5) garbage bags or containers not to
exceed THIRTY-TWO (32) gallons in size or FIFTY (50) pounds
in weight.
2. For the purposes of this agreement, a "small commercial"
establishment shall mean multi -family dwellings or
commercial business establishments which are ordinarily
incapable of generating volumes of garbage in excess of
those volumes described in paragraph one next above.
3. Contractor
commercial
defined as
commercial
shall pick up twice each week for small
at any suitable "curbside" location which is
any location upon the lot or yard of the small
establishment which is within FIVE (5) ET of
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the roadway surface which affords the principal means of
access to such small commercial establishment. Contractor
may decline to collect any garbage not so placed, provided,
however, that Contractor shall make a reasonable
accommodation for those persons, who, by reason of age or
infirmity, cannot place materials for pickup at a curbside
location.
C. Large commercial collection and disposal for permanent or
temporary service.
1. Contractor shall provide garbage collection services to
large commercial establishments for any and all temporary or
permanent collection of garbage, trash, refuse, and
construction debris within the corporate limits of the City
in conformance with provisions of this Contract. Garbage
collections by Contractor pursuant hereto shall be made by
the use of two, three, four, six, or eight cubic yard
dumpsters or twenty, thirty, or forty cubic yard roll -offs.
All dumpsters and roll -offs provided for herein shall be
supplied by Contractor and Contractor's local telephone num-
ber shall be displayed in a clear and legible manner. All
such dumpsters and roll -offs shall be covered and maintained
in good and nuisance -free condition.
2. For the purposes of this Agreement, large commercial shall
mean every multi -family dwelling, commercial establishment,
or other non -single family residential establishment
ordinarily capable of generating a larger volume of garbage
than that volume described in Subsection B above.
3. It shall be the duty and responsibility of Contractor to
contact each and every business, organization, or other non -
single family residential establishment to determine the
classification and garbage collection and disposal service
needs of each such establishment. If large commercial
service is required, Contractor shall provide the size and
number of pickups for such dumpsters or roll -offs. It is
hereby agreed and understood that Contractor shall be
entitled to pursue with large commercial customers a
collection schedule which would provide for the fewest
number of pickups per week with the largest practical
container; provided, however, large commercial
establishments generating putrescible garbage or refuse
shall receive a minimum of twice -a -week pickup. Upon
obtaining information regarding the requirements for large
commercial customers, including size and number of
dumpsters or roll -offs and frequency of pickups, Contractor
shall produce such information to the City Manager of the
City. City and Contractor agree that the City Manager of
the City shall have the authority to delete or add
commercial establishments, number of pickups, or volume of
pickups as required due to growth and development within
City. Contractor agrees that garbage collection services
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shall be provided in the manner set forth in such additions
or deletions within SEVEN (7) DAYS of written notice thereof.
D. In determining the collection requirements for all
establishments, whether small commercial or large commercial,
Contractor shall be entitled to examine City's records of
customer accounts for water and sewer service. Contractor agrees
that such commercial collections will be consistent with City's
water billing for garbage collection along with water and sewer
services billing. In the event Contractor and a commercial
establishment are unable to agree on collection requirements
consistent with City's water and sewer service accounts, an
alternative collection procedure may be established with the
approval of the City Manager of the City.
E. Contractor shall maintain his own answering service to track and
follow-up on collection misses and complaints. Contractor shall
provide for the pickup of collection misses within TWENTY-FOUR
(24) HOURS. Each miss or complaint shall be recorded on a
complaint form approved by City and a copy of a complaint log
shall be provided to the City on a monthly basis before the first
Wednesday of each month.
F. Garbage collection services required hereunder shall not be re-
quired on recognized holidays, but when a normal pickup is missed
because of a holiday, Contractor shall pick up as much as twice
the normal amount on the next pickup day. Recognized holidays
are January 1, July 4, Labor Day, Thanksgiving Day, December 25,
and Memorial Day.
G. Contractor shall maintain in full force and effect during the
term of this Contract, Workers' Compensation insurance in
accordance with the Workers' Compensation Statutes of the State
of Texas, and Public Liability, Employer's Liability, and
Property Damage Insurance, including contractual liability
coverage for the indemnity provision of the Contract in a form
acceptable to the City Attorney for the benefit of third persons
who may be injured or damaged as a result of any negligent
operation or other wrongful conduct of Contractor in the
performance of his work under this Contract.
All insurance shall be by an insurance company licensed to do
business in the State of Texas for policy limits acceptable to
City, and the City shall be named as an additional insured at no
cost to the City. Prior to the commencement of this Contract,
Contractor agrees to furnish City with certificates of insurance
to the effect that such insurance has been procured and is in
force.
Notice of cancellation of such policies shall be given to City
not less than THIRTY (30) days prior to the cancellation date.
For the purpose of this Contract, Contractor shall carry the fol-
lowing types of insurance in at least the limits as specified
below:
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Coverages
Workers' Compensation
Employer's Liability
Bodily Injury Liability
Except Automobile
Property Damage Liability
Except Automobile
Automobile Bodily Injury
Liability
Automobile Property Damage
Liability
Excess Umbrella Liability
Limits of Liabilitv
Statutory
$ 500,000
$ 500,000 each occurrence
1,000,000 aggregate
$ 500,000 each occurrence
1,000,000 aggregate
$ 500,000 each person
1,000,000 each occurrence
$ 500,000 each occurrence
$2,000,000 each occurrence
Failure of Contractor to obtain and maintain insurance in the
above specific amounts shall constitute a breach of this Agreement.
Contractor shall protect, indemnify and save City harmless from
and against all claims, demands and causes of action of every kind and
character, including attorneys' fees, arising in favor of Contractor's
employees, City's employees, and third parties on account of,
resulting from, the performance of services hereunder, by Contractor
or Contractor's agents, representatives, or employees, as well as dam-
ages proximately caused by City's own negligence. Contractor shall be
responsible for all damages sustained by the Contractor to his
equipment utilized in the performance of services hereunder.
H. Contractor shall furnish his own dumping grounds which shall be
at a State of Texas approved landfill site, and means of dispos-
ing of garbage, trash, and rubbish so collected shall be disposed
of outside the corporate limits of City.
I. Contractor shall use covered trucks that meet State of Texas
safety requirements and are suitably designed to keep trash or
garbage from falling or blowing from the trucks in transit to the
disposal site. Contractor's employees shall not spill or leave
garbage or rubbish on streets or private property when making
pickups, and if spilled, Contractor shall clean before leaving
the premises or area.
J. Contractor shall provide service to all municipal facilities and
events at Contractor's expense. The subject municipal facilities
and usual events are outlined at Exhibit "A" and may, from time
to time, be amended.
K. Contractor shall provide its service between the hours of 7:00
o'clock A. M. and 5:00 o'clock P. M., and on Saturday from 7:00
o'clock A. M. to 1:00 P. M. and its business office shall
remain open during such period of time to receive calls from
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complaints or missed pickups every Monday through Saturday which
is not one of the official holidays listed above.
L. City may, at its sole option, designate areas such as
subdivisions adjoining the City or areas annexed to the City
during the time of the Contract, to receive the collection
services to be provided hereunder by giving written notice to
Contractor of the City's desire to have such areas served, and
Contractor shall initiate service within such newly annexed areas
within THIRTY (30) DAYS of receipt of such notice.
Contractor shall maintain throughout the term of this Contract a
faithful performance bond running in favor of City, written by a
corporate surety licensed to do business in the State of Texas, in the
penal sum of FIVE HUNDRED THOUSAND ($500,000) DOLLARS conditioned that
Contractor shall well and truly observe, fulfill, and perform each and
every term and condition of this Contract and that in the event of any
breach of condition of the Bond the amount thereof shall be
recoverable, jointly and severally, from the principal and surety
thereof by City for all damages, plus reasonable attorney's fees and
court costs, proximately resulting from the failure of Contractor to
well and faithfully observe and perform any provision of this
Contract. Contractor shall pay all premiums chargeable for the Bond
and shall keep the same in force and effect at all times throughout
the existence of this Contract and thereafter until Contractor has
liquidated all of its obligations with the City that may have arisen
from the acceptance of this Contract by Contractor or from the
exercise of any right, or privilege granted hereunder. The Bond shall
contain a provision that it shall not be canceled or otherwise allowed
to expire without THIRTY (30) DAYS' prior written notice to that
effect being given to City by delivery to the City Secretary, and to
the Contractor. The Bond shall be in a form satisfactory to the City
Attorney and shall be filed, together with written evidence of payment
of the required premiums, with the City Secretary during the term of
this Contract. Neither the provisions of this section, the filing of
the required hereby, nor any damages recovered by the City thereunder
shall be construed to excuse faithful performance by Contractor or
limit the liability of Contractor under this Contract or for damages
to the full amount of the Bond or otherwise.
IV.
No portion of this Contract may be assigned by Contractor without
the express written consent of the City Council.
V.
A. Payments by City.
1. In consideration for the services rendered by Contractor
6
under this agreement, City shall pay to Contractor a monthly
fee for each residential and/or commercial customer billed
from which garbage is picked up within the City based upon
the collection fee schedule set forth in Exhibit "B", a copy
of which is attached hereto. City agrees to pay Contractor
in current funds.
2. Payment for services rendered shall be made on or before the
20th day of the month following the month for which such
services are rendered. Contractor agrees that the City will
deduct a sum of $1.00 per residential customer and $1.50 per
commercial customer billed each month as a processing fee.
B. Changes in collection rates.
1. Contractor and City hereby agree that the schedule of fees
for such garbage collection and disposal service as provided
in Exhibit "B" hereto shall be binding upon both parties for
the two-year period following execution of this Contract,
that is from OCTOBER 1, 1991 through SEPTEMBER 30, 1993. In
the event Contractor determines, thereafter, that an
increase in such collection fees is required due to escala-
tion of Contractor's cost in providing such service, then
Contractor shall submit, in writing, to City on or before
JUNE 1, of any year, its proposal for increased fees and all
supporting data related thereto. If the City Council of
City fails to approve or disapprove such increase in fees
prior to AUGUST 1, then such proposed increase in fees shall
take effect on OCTOBER 1. In the event the City disapproves
such proposed fees, or approves an increase of an amount
less than that proposed by Contractor on or before AUGUST 1,
then Contractor shall be entitled to terminate such Contract
effective SEPTEMBER 30, by serving written notice of same to
City on or before SEPTEMBER 1. If the City disapproves or
approves an increase in fees pursuant to this Section and
Contractor does not serve written notice of termination on
or before SEPTEMBER 1, then such schedule of fees then in
existence or approved by the City Council of City as a
result of a request for an increase shall be binding upon
Contractor and City for the year following the anniversary
date of this Contract, that is from OCTOBER 1, through
SEPTEMBER 30.
VI.
City and Contractor agree that City shall have the option to
extend the terms and conditions of this Contract for an additional
period of FIVE YEARS, that is, from OCTOBER 1, 1996 through SEPTEMBER
30, 2001 upon written notice of same by City to Contractor on or
before JUNE 1, 2001. In the event City elects to exercise such option
to extend this Contract as provided next above, City and Contractor
agree that Contractor shall be entitled to exercise its option to
increase its fees for garbage collection and disposal services in the
same manner and subject to the same time schedule as provided in
7
Section V. next above; to wit: To increase the fees for garbage
collection and disposal services for any OCTOBER 1, through SEPTEMBER
30, period, Contractor shall submit a request on or before JUNE 1, of
such one-year period. Council shall disapprove or approve all or part
of such proposed increase on or before the FIRST DAY of AUGUST
preceding such one-year period, and if Contractor desires to terminate
this Conract due to such Council action, same shall be served in
writing to the City on or before the FIRST DAY of SEPTEMBER preceding
such one-year period.
VII.
Upon the breach of any portion of this Contract, City shall have
the right to terminate this Contract. Any such termination or
cancellation shall be by Resolution adopted by the City Council;
provided however, before any such Resolution is adopted, Contractor
must be given at least THIRTY (30) DAYS' advance 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. In no event shall such hearing be held less
than THIRTY (30) DAYS following such written notice to Contractor.
Failure of Contractor to perform pursuant to this Contract shall
be permitted if due to war, insurrection, riot, strike, Act of God, or
any other cause or causes beyond the Contractor's control. If the
Contractor fails to perform within any consecutive thirty (30) day
period, the City may, at its option and after written notice to
Contractor, terminate this agreement. In any event, the City retains
all authority necessary to public health, safety and welfare in the
event of Contractor's failure to perform for any reason.
In addition to any other remedies for breach, City shall be
entitled to recover reasonable attorney's fees by reason of
Contractor's breach hereof.
VIII.
It is understood and agreed between the parties that while the
governing body of City has current funds appropriated for its
performance during the current fiscal year, City may not bind future
governing bodies of City for appropriations during future fiscal
years; and that failure of a future governing body to appropriate then
current funds in future fiscal years pursuant to this Contract shall
not be deemed a breach hereof by City. City may, upon prior written
notice to Contractor effective SIXTY (60) DAYS after the giving of
such notice or upon the exhaustion of appropriations authorized for
the then current fiscal year, whichever is later, terminate this
Agreement.
8
IX.
Where written notices are provided for in this Contract, same
shall be sufficient to notify Contractor if mailed by certified mail
to:
BEST WASTE SYSTEMS, INC.
P. 0. BOX 337
DICKINSON, TEXAS 77539-0337
Same shall be sufficient to notify City if mailed by certified
mail to:
THE CITY OF PEARLAND
P. O. BOX 2068
PEARLAND, TEXAS 77588-2068
It is further mutually agreed that this, the original of this
Contract, with all attachments, upon execution shall be filed and kept
in the office the City Secretary of the City, City Hall, 3519 Liberty
Drive, Pearland, Texas, where it shall be available for use and
reference by either party hereto at all reasonable times.
X.
This Contract shall be in full force and effect and binding upon
each party on the date of execution hereof.
In witness hereof, Co tractor and City have executed this
Contract this .. 3 day of / , 1991.
CITY OF PEARLAND, TEXAS
ATTEST:
PAT JONES
CITY SEC TARY
ATTEST:
in,.,c-0 Q .e-
THOMAS A. EVENHOUSE
CORPORATE SECRETARY
9
By: ?/l/�/�%Y°�7
C. V. CO NGER, MAYOR
BEST WASTE SYSTEMS, INC.
By:
ROBERT C. DRENTH, PRESIDENT
EXHIBIT "A"
CITY FACILITIES
1. City Hall/Community Center;
2. Independence Park (including swimming pool and pavilion);
3. Public Safety Building;
4. Melvin Knapp Activity Building;
5. Animal Shelter;
6. City Barn/Fire Station;
7. EMS Building/Recycling Center.
CITY EVENT&
1. Community Clean Up Days (maximum of three per year);
2. City Annual Picnic;
3. Annual Easter Egg Hunt.
EXHIBIT "B"
CITY OF PBARLAND
PRICE LIST EFFECTIVE
October 01, 1991
RESIDENTIAL COLLECTION FOR HOUSEHOLD GARBAGE, BAGS ONLY
(PRICES INCLUDE CITY'S FRANCHISE FEE)
$ 7.15/Month for no limit per week per residence - bags only.
SMALL COMMERCIAL COLLECTION
For small businesses that need no dumpster service such as: dry cleaners,
doctors or real estate offices, barber shops, beauty shops, etc...
$23.50/Month for twice a week pick-up with curb service.
[Maximum of five (5) thirty-two (32) gallon containers]
MONTHLY FEE FOR COMMERCIAL OR BUSINESS CONTAINER PICKUP
Fee for a TWO (2) Cubic Yard Container
1 pickup per week $ 41.50
2 pickups per week $ 60.50
Pee for a THREE (3) Cubic Yard Container
1 pickup per week $ 50.50
2 pickups per week $ 76.50
Fee for a FOUR (4) Cubic Yard Container
1 pickup per week $ 58.50
2 pickups per week $ 89.50
3 pickups per week $120.50
Fee for a SIX (6) Cubic Yard Container
1 pickup per week $ 72.50
2 pickups per week $119.50
3 pickups per week $151.65
4 pickups per week $201.70
5 pickups per week $251.76
6 pickups per week $301.81
Fee for an EIGHT (8) Cubic Yard Container
1 pickup per week $ 85.50
2 pickups per week $146.50
3 pickups per week $201.70
4 pickups per week $268.44
5 pickups per week $335.18
6 pickups per week $401.91
Fee for a Commercial or Business Establishment Using a Roll -off Container
Delivery Fee (One-time Charge) $ 75.00
Rental Fee for Permanent Use per Month $100.00
Rental Fee for Temporary Use per Day $ 6.00
20 Cubic Yard Roll -off Container per Pickup $241.50
30 Cubic Yard Roll -off Container per Pickup $266.50
40 Cubic Yard Roll -off Container per Pickup $291.50
Fee for Compactor
28 Cubic Yard Compactor per Pickup $281.50
40 Cubic Yard Compactor per Pickup $297.50
Front Load Compacted Trash per Cubic Yard $ 7.00
RESIDENTIAL RECYCLING ADDENDUM
TO RESIDENTIAL SOLID WASTE CONTRACT
THIS AGREEMENT made and entered into at Pearland, Texas, as of
the FIRST day of OCTOBER, 1991, by and between the CITY OF PEARLAND, a
Municipal Corporation of Brazoria and Harris Counties, Texas, herein-
after referred to as "CITY", and BEST WASTE SYSTEMS, INC., a Texas
Corporation, its successors and assigns, hereinafter referred to as
"CONTRACTOR":
WITNESSET H:
I.
SCOPE OF WORK AND CONTRACT
The work to be done by Contractor pursuant to this Agreement
consists of collecting and processing recyclables, at its own cost and
expense, from every building used for residential purposes within the
corporate limits of City as the present and future boundaries exist,
and the furnishing of all labor, methods or processes, tools,
equipment, and transportation necessary to meet the requirements of
this Agreement.
All collection and processing of recyclables contemplated
hereunder shall be done and performed by Contractor promptly, in a
good, thorough, workmanlike and efficient manner to the complete
satisfaction of the City.
II.
DEFINITIONS AND DESCRIPTIONS
Whenever, in this Agreement, the following terms are used, they
shall be defined as follows:
Glass Containers - Glass containers shall mean waste and scrap
glass in various colors (i.e., flint or clear, green, and amber) which
has been rinsed and is reasonably clean. The glass shall pot be
broken por contain:
- 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.
Old Newspaper ("ONP") - 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
LIDI be tied or strapped together. ONP should be neatly stacked or in
a bag alongside, on top of, or under the recycling collection bin.
Plastic Bottles - Plastic bottles shall mean plastic milk or
water jugs (high density polyethylene or HDPE). Caps shall be removed
and the bottles rinsed and reasonably clean before placing in the
recycling container.
Recvclableg - Includes ONP, UBC, Glass Containers, and Plastic
Bottles.
Residential Unit - A dwelling within the corporate limits of City
occupied by a person or group of persons comprising not more than four
families. A residential unit shall be deemed occupied when either
water or domestic light and power service are being supplied thereto.
A condominium dwelling, whether of single or multilevel construction,
or separate single-family dwelling units, including mobile homes,
shall be treated as a residential unit, except that each single-family
dwelling within any such residential unit shall be billed separately
as a residential unit.
Used Beverage Cans ("UBC") UBC shall mean all aluminum beverage
containers which are placed singly, empty, and reasonably clean in the
bin for recycling.
III.
COLLECTION
Contractor shall pick up all residential recyclables from every
building used for residential purposes in City, once each week, except
when a holiday occurs during such week (in which event the pickup
scheduled for that week shall be postponed until the next week) and
except for emergencies resulting from Acts of God.
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. The Contractor shall replace a recycling bin
at no charge to the resident if the recycling bin has been damaged
through no fault of the resident. If a resident loses his recycling
bin, replacement bins can be purchased by citizens at a price of SIX
DOLLARS ($6.00) per bin.
Each container shall be placed at curbside for collection.
Curbside refers to that portion of the right-of-way adjacent to and
not exceeding FIVE (5) FEET from paved or traveled portions of City
roadways, including alleys. Containers shall be placed within FIVE
(5) FEET of the roadway, as practicable without interfering with or
endangering the movement of vehicles or pedestrians. If construction
work is being performed in the right-of-way, then containers shall be
placed as close as practicable to an access point for the collection
vehicle. Provided, however, that Contractor shall make a reasonable
2
accommodation for those persons, who, by reason of age or infirmity,
cannot locate a container at curbside within the foregoing definition.
It shall be the responsibility of the residents to place recycl-
ables at the proper location at or before 7:00 A. M. on their
regularly scheduled pickup day.
IV.
RIGHT TO ALTER RECYCLABLES COLLECTED
If, at any time, the City or Contractor determines that
additional recyclable materials are economically feasible to include
in the recycling program, City or Contractor reserves the right to
negotiate the addition of said items to the list of recyclable mate-
rials and a corresponding adjustment in the compensation will be
negotiated. Likewise, if any item becomes unfeasible to continue in
the recycling program due to lack of volume, lack of adequate market
pricing, or poor quality of items received, City or Contractor
reserves the right to exclude or discontinue said item from the
recycling program with appropriate adjustment in the contractual con-
sideration. Contractor does not guarantee the existence of a market
or a buyer at any time for recyclable materials.
V.
EQUIPMENT
Contractor will furnish, during the period of this Agreement, a
sufficient number of recycling -type trucks, with sufficient operators
and workmen for each, to collect recyclables in City from residential -
type customers, and adequate equipment to process said recyclables.
All equipment shall be in good working order condition. All equipment
shall be inspected and approved by City before the execution of this
Agreement. 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.
VI.
OFFICE HOURS
Contractor shall maintain an office at some fixed place and shall
maintain a telephone at such office listed in the telephone directory
in the name of its company, and shall at all times between the hours
of 7:00 A. M. and 5:00 P. M. of each day, excepting Saturday
afternoons, Sundays, and holidays, have some responsible person at
such office with whom the public, the City Council or other
responsible City official or employee may communicate, discuss and
refer any complaint arising in connection with such recycling
services. Complaints shall be investigated promptly and appropriate
3
action taken. The telephone for Contractor shall be on a toll -free
exchange to all residents and departments of City and listed in each
telephone directory in which each portion of City is included.
VII.
Contractor shall maintain in full force and effect during the
term of this Agreement, Workers' Compensation insurance in accordance
with the Workers' Compensation Statutes of the State of Texas, and
Public Liability, Employer's Liability, and Property Damage Insurance,
including contractual liability coverage for the indemnity provisions
of this Agreement in a form acceptable to the City Attorney for the
benefit of third persons who may be injured or damaged as a result of
any negligent operation or other wrongful conduct of Contractor in the
performance of his work under this Agreement.
All insurance shall be by an insurance company licensed to do
business in the State of Texas for policy limits acceptable to City,
and the City shall be named as an additional insured at no cost to the
City. Prior to the commencement of this Agreement, Contractor agrees
to furnish City with certificates of insurance to the effect that such
insurance has been procured and is in force.
Notice of cancellation of such policies shall be given to City
not less than THIRTY (30) DAYS prior to the cancellation date.
For the purpose of this Agreement, Contractor shall carry the
following types of insurance in at least the limits as specified
below:
Coverages
Workers' Compensation
Employer's Liability
Bodily Injury Liability
Except Automobile
Property Damage Liability
Except Automobile
Automobile Bodily Injury
Liability
Automobile Property Damage
Liability
Excess Umbrella Liability
Contractor shall protect,
and against all claims, demands
character, including attorneys'
employees, City's employees,
Limits of Liability
Statutory
$ 500,000
$ 500,000
1,000,000
$ 500,000
1,000,000
$ 500,000
1,000,000
each occurrence
aggregate
each occurrence
aggregate
each person
each occurrence
$ 500,000 each occurrence
$2,000,000 each occurrence
indemnify and save City harmless from
and causes of action of every kind and
fees, arising in favor of Contractor's
and third parties on account of,
4
resulting from, the performance of services hereunder by Contractor or
Contractor's agents, representatives, or employees, as well as damages
proximately caused by City's own negligence. Contractor shall be
responsible for all damages sustained by the Contractor to his equip-
ment utilized in the performance of services hereunder.
City may, at its sole option, designate areas such as subdivis-
ions adjoining the City or areas annexed to the City during the time
of this Agreement, to receive the collection services to be provided
hereunder by giving written notice to Contractor of the City's desire
to have such areas served, and Contractor shall initiate service
within such newly annexed areas within THIRTY (30) DAYS of receipt of
such notice.
VIII.
REPORTS
Contractor shall submit periodic reports and special reports to
the City as may be deemed reasonable. Contractor agrees to furnish a
monthly report on all recycling collection to the City showing the
weight of recyclables collected and sold; the market price per ton;
and the name and address of the end user. City may review
Contractor's records and reports on service during regular office
hours.
IX.
ASSIGNMENT
This Agreement shall not be assigned or transferred without the
written consent of the City Council, nor shall any subcontractor be
recognized or dealt with by the City Council or any of the persons
chargeable with the enforcement of this Agreement.
X.
DEFAULTS
The breach of any of the terms and/or conditions of this
Agreement on the part of Contractor which are not remedied within
THREE (3) WORKING DAYS after notice from City, unless performance is
prevented by Acts of God, or in the event of bankruptcy proceedings by
Contractor, shall be grounds for cancellation by City. Upon such
termination, City shall be at liberty to relet the work to other
parties or to undertake directly the performance of said work. In
either case, Contractor and his surety shall be liable for any excess
cost occasioned to City over and above that which would have been due
and payable to Contractor under the terms of this Agreement.
Termination of this Agreement as herein provided shall not terminate,
suspend or affect the liability of Contractor.
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xI.
COMPLIANCE WITH ALL LAWS
Contractor agrees to conform to and abide by all the rules,
regulations and ordinances of City governing the collection and
processing of recyclables.
Contractor further agrees, when recyclables are transported to or
through any city or unincorporated territory of any county, to conform
to and abide by all the rules, regulations and ordinances of the city
or county governing the hauling and processing of said recyclables.
Contractor agrees to
collection of recyclables,
residential unit per month,
the basic residential rate.
pay Contractor ONE DOLLAR
residential unit.
XII.
COMPENSATION
receive and accept for the curbside
ONE DOLLAR AND NINETY CENTS ($1.90) per
billed monthly in advance in addition to
As additional consideration, City shall
AND NINETY CENTS ($1.90) per occupied
Contractor further agrees to process, store, and market the
recyclable materials to an end user. The processing shall include:
removal of contaminates from newspapers; separation of glass by color;
separation and flattening of aluminum cans; and separation and baling
of plastic bottles. Contractor shall forward by 20TH of Following
Month any and all proceeds from the sale of the recyclable materials
to City. The above rates for recycling services shall remain in
effect for an initial period of TWO (2) YEARS at which time the City
and Contractor shall renegotiate rates annually for the remaining
term of this Agreement.
Contractor will be required to submit all data and information
supporting all price changes to the City Council for approval.
Failure of City and Contractor to reach an agreement on negotiated
prices will authorize City to declare this Agreement of no further
force or effect.
XIII.
TERM
The term of this Agreement shall be for the period commencing on
and including the FIRST DAY OF OCTOBER, 1991 and expiring FIVE YEARS
later on SEPTEMBER 30, 1996. After the expiration of the initial FIVE
YEAR TERM, this Agreement may be negotiated for additional FIVE YEAR
TERMS, with the mutual consent of both parties.
6
XIV.
CONTRACTOR'S DUTIES
For and in consideration of the payments and agreements herein
mentioned to be made and performed by City and under the conditions
expressed in this Agreement and hereunto annexed, Contractor agrees
with City, at its own cost and expense, to collect and process
residential recyclables in City in accordance with the terms and
conditions of this Agreement. Furthermore, Contractor agrees to
provide the materials and services as listed herein.
XV.
HOURS
Contractor shall pick-up all residential recyclables throughout
City and shall service all residential customers wherever located in
City, except where service has not been requested. Recycling services
shall be extended between the hours of 7:00 A. M. and 5:00 P. M. only,
except upon mutual agreement by City and Contractor that an exception
is necessary in order to complete an existing collection route due to
unusual circumstances.
XVI.
ROUTES
Collection routes shall be established by Contractor. Contractor
shall submit a map designating the collection routes to City for
approval. Contractor shall be required to publish collection routes
in the local newspapers or in any other City approved manner prior to
beginning this Agreement. Contractor may, from time to time, propose
to City for approval, changes in routes or days of collection.
XVII.
HOLIDAYS
The following shall be holidays for the purposes of this
Agremeent:
New Years Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas
Contractor may decide to observe any or all of the above
mentioned holidays by suspension of collection service on the holiday.
Recycling service will be performed on the next scheduled pickup day.
7
XVIII.
COMPLAINTS
All complaints shall be made directly to Contractor and shall be
given prompt and courteous attention. In the case of allegations of
missed collections, Contractor shall investigate and, if such
allegations are verified, shall arrange for the collection of
recyclables not collected within twenty-four (24) hours after the
complaint is received.
XIX.
MISCELLANEOUS
Hauling. All recyclables hauled by Contractor shall be so
contained or enclosed that leaking, spilling, or blowing are
prevented.
Non discrimination Contractor shall not discriminate against
any person because of race, sex, age, creed, color, religion or
national origin.
Notification. Contractor shall notify all customers about
complaint procedures, rates, regulations, and days for scheduled re-
cyclables collection.
Point of
een
Contractor andCityshall l bee$ directed cbytaContractor tocts, etc. theCity Manager.
Any notices required to
to the parties when mailed,
following respective address:
WHEN TO THE CITY:
XX.
NOTICES
be given hereunder shall be deemed given
postage prepaid, to the parties at the
CITY OF PEARLAND
P. 0. BOX 2068
PEARLAND, TEXAS 77588-2068
WHEN TO THE CONTRACTOR: BEST WASTE SYSTEMS, INC.
P. O. BOX 337
DICKINSON, TEXAS 77539-0337
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
8
ATTEST:
PAT JONES
CITY SECRE
ATTEST:
THOMAS A. EVENHOUSE
CORPORATE SECRETARY
9
CITY OF PEARLAND, TEXAS
By:
C. V. COP
MAYOR
BEST WASTE SYSTEMS, INC.
By: £C0 ¢e.T e•
ROBERT C. DRENTH
PRESIDENT