Item 9C MemoM E M O R A N D U M
(September 17, 2019)
To: Shana K. Yelverton, City Manager
From: Lauren LaNeave, Assistant to the City Manager
Subject: Item 9C: Consider request for residential recycling rate
adjustment in accordance with Republic Waste Services of
Texas, Ltd. contract for the provision of commercial and
residential solid waste and recycling services.
Action
Requested: City Council consideration of Item 9C: Consider request for
residential recycling rate adjustment in accordance with Republic
Waste Services of Texas, Ltd. contract for the provision of
commercial and residential solid waste and recycling services.
Background
Information: On August 21, 2018, the City Council approved a non-exclusive
contract and franchise agreement with Republic Waste Services of
Texas, Ltd., to engage in the business of collecting and disposing of
acceptable waste, recyclables, and construction debris within the
corporate limits of the City. Recall that with adoption, this contract
established rates for residential service as follows:
Rate Increase Structure
Residential Trash 3% annual increase, effective
October 1
Residential Recycling –
Collection
3% annual increase, effective
October 1
Residential Recycling –
Processing
Based on calculation in Exhibit
E of the contract. If increase to
total recycling rate is great than
3%, it requires City Council
approval.
Per provisions in Exhibit E of the contract, the residential recycling
rate includes two components for rate adjustments:
1. Collection: An annual increase of 3% to the solid waste rate and
the collection rate for recycling. The Collection Portion of the
Residential Recycling Rate captures costs associated with the
collection and hauling of recycling, consistent with other rate
increases.
2. Processing: An Annual Adjustment Calculation that applies a
separate adjustment to the processing portion of the residential
recycling rate. The Processing Portion of the residential
recycling rate relates to recycling processing and commodity
sales, and will be calculated on an annual basis.
The Annual Adjustment Calculation is shown in Exhibit E of the
contract and the calculation of the Processing Portion is based off
of the following formula:
Net Processing Rate x Prior Year Tonnage
Number of Households
If the impact to the total residential recycling rate based on this
calculation is greater than 3%, then the rate requires City Council
approval before taking effect.
Republic’s calculation of the processing rate is shown below:
2019 2018 Increase
Processing Fee per ton $(83.36) $(80.00)
Commodity Price per ton $17.83 $46.98
Net Processing Rate $(65.53) $(33.02)
Residential Recycle Rate $5.79 $4.70
Annual Tons 3,547 3,624
Net Annual Processing Cost $(232,445) $(119,664)
Monthly Cost $(19,370) $(9,972)
Number Homes 9,498 9,401
Monthly Processing
component per home $2.04 $1.06 $ 0.98
Republic is required to report the average processing fee and
commodity price to the City on a monthly basis. The information
included in the reports is used to calculate the processing rate
increase. The reports submitted by Republic to justify this increase
are included in Attachment B of this memo.
Including the above information, the impact to the total residential
trash and recycling rate is shown below.
Residential Rates Current
Rate
New Rate Increase ($) Increase (%)
Trash Rate $10.05 $10.35 $0.30 3.0%
Recycling Rate $4.70 $5.79 $1.09 23.2%
Collection
Rate $3.75 $3.64 $0.11 3.0%
Processing
Rate $2.04 $1.06 $ 0.98 92.3%
Total Rate $14.75 $16.14 $1.39 9%
As shown in the chart above, the total increase to the residential
recycling rates is 23.2%. Due to the increase being greater than 3%,
it requires City Council approval before taking effect.
Residents will be notified of the rate increase through the City’s
communication channels, including My Southlake News, social
media, and e-blast, and on their October utility bills. With the rate
going into effect on October 1, residents will see the new rate on the
bill they receive in November. Our communication will include
information about the changes in the recycling market that drive this
increase, and the importance of keeping contamination out of the
recycling stream.
Financial
Considerations: An adjustment in rates will change the franchise fees received by
the City. The City collects ten percent (10%) of the total monthly
dollar amount collected for residential and commercial/industrial
billing.
Strategic Link: The Republic contract links to the City’s Strategy Map: “B2
Collaborate with select partners to implement service solutions.”
Citizen Input/
Board Review: N/A
Legal Review: The proposed rate increase has been reviewed by the City
Attorney and is in accordance with the terms of the contract.
Alternatives: 1. Adopt proposed residential recycling processing rate increase
as presented, with an effective date of October 1, 2019.
2. Adopt proposed rate increase, and request that staff engage an
independent audit firm to perform an audit to verify supporting
data, per the terms of the contract. If the audit revealed that
Republic was not accurate in the information reported, then the
City would then be able to exercise certain enforcement
provisions for a “Material Breach” of the agreement under
Sections XV & XVII.
Supporting
Documents: 1. Price Increase Submittal Letter from Republic
2. Tonnage and Commodities Pricing Reports submitted monthly
by Republic Services
3. 2019 Proposed Rates
4. 2018 Adopted Contract with Republic
Staff
Recommendation: Staff recommends approval of Item 9C: Consider request for
residential recycling rate adjustment in accordance with Republic
Waste Services of Texas, Ltd. contract for the provision of
commercial and residential solid waste and recycling services.
Staff Contact: Lauren LaNeave, Assistant to the City Manager
Attachment A:
Rate Increase Submittal Letters
1
July 31, 2019
Ms. Lauren LaNeave
Assistant to the City Manager
City Managers Office
1400 Main Street, Suite 460
Southlake, Texas 76092
Re: 2019 Rate Increase
Dear Ms. Laneave,
In accordance with the Contract for Residential and Commercial Waste and Recycling Collection,
“Agreement”, between The City of Southlake and Republic Services, we submit the following rate changes for
the upcoming budget year with an effective date of October 1, 2019.
Under our Agreement, Section V (b), Republic Services can increase all rates by three percent (3%).
Additionally, Republic Services can request an increase for extraordinary expenses not accounted for in the base
rate adjustment of 3%. We are requesting an additional adjustment of $.98 to the residential recycle rate due to
the continued decline in the recycle commodities market.
Following is a summary of the increase amounts and resulting residential rates:
Current Incr. Amt. New Rate
Residential Trash Rate $10.05 $.30 $10.35
Residential Recycle Collection Rate $3.64 $.11 $3.75
Residential Recycle Processing Rate $1.06 $.98 $2.04
Total Residential Rate $14.75 $1.39 $16.14
Due to the recycle commodities market, Republic is requesting that the commercial recycle rates for front load
customers be adjusted to the same rates as front load rates for trash collection. Currently, our disposal rate for
trash is about $30 per ton, and for recycling the rate is about $65.50 per ton. We understan d that council action
and an amendment to the contract will be required to make this change. Upon council approval, we will provide
an amendment effectuation that change. Attached is draft language for your review.
Thank you for the continued opportunity to provide service in the City of Southlake. Please contact me with any
questions.
Sincerely,
Vince Hrabal
Municipal Services Manager
Republic Services
Attachment B:
Tonnage and Commodities Pricing Reports
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Index Used RecyclingMarkets.net
% of Stream*8.90%14.95%23.65%5.49%1.66%0.85%1.05%1.03%1.44%2.67%
Month
Newspaper
(ONP)
Mixed
paper
Cardboard
(OCC)
Plastic
Type 1
(PET)
Plastic Type
2 (HDPE
Color)
Plastic
Type 2
(HDPE
Natural)
Plastic
Types 3-7
(Mixed
Plastics)Aluminum Steel Cans Glass
Jul-19 2.50$ 2.50$ 30.00$ 17.03 11.75 20.75 1.00 57.50 145.00$ (32.50)$
Jun-19 2.50$ 2.50$ 31.25$ 17.16 13.32 20.75 1.00 57.50 147.14$ (32.50)$
May-19 2.50$ 2.50$ 37.50$ 16.85 14.25 20.75 1.00 57.17 155.00$ (32.50)$
Apr-19 -$ -$ 47.50$ 18.44 14.25 21.61 1.00 56.43 160.00$ (32.50)$
Mar-19 (2.50)$ (2.50)$ 62.50$ 16.73 15.56 27.55 1.00 56.19 160.00$ (32.50)$
Feb-19 (2.50)$ (2.50)$ 72.50$ 17.01 16.58 37.08 1.00 57.75 163.33$ (32.50)$
Jan-19 7.50$ 7.50$ 87.50$ 16.95 18.50 40.90 1.00 59.50 165.00$ (32.50)$
Dec-18 7.50$ 7.50$ 87.50$ 16.96 18.50 41.50 1.00 60.50 165.00$ (32.50)$
Nov-18 7.50$ 7.50$ 90.00$ 16.55 17.75 41.50 1.00 61.30 165.00$ (31.50)$
Oct-18 7.50$ 7.50$ 95.00$ 16.52 14.70 39.00 1.00 64.83 165.00$ (30.00)$
*% of stream based on October 2018 recycling audit
¢ per lb.
$ per ton
The table below reflects the commodities pricing information that Republic Services is required to submit on a monthly basis. This
information is used to calculate the commodity price per ton.
Commodity Pricing
MRF Audit - October 2018
Sample 1 Sample 2 Sample 3 Sample 4 Sample 5 Sample 6 Totals % of Total
Newpaper (ONP)25.60 35.40 36.20 44.20 11.40 53.80 206.60 8.90%
Mixed paper 16.20 61.80 106.00 75.80 21.00 66.20 347.00 14.95%
Cardboard (OCC)97.40 99.20 99.60 114.20 47.20 91.50 549.10 23.65%
PET 39.40 33.00 17.20 23.40 6.80 7.60 127.40 5.49%
HDPE Color 3.40 5.80 5.80 13.20 7.40 3.00 38.60 1.66%
HDPE Natural - - 4.40 9.60 1.80 4.00 19.80 0.85%
3-7 Mixed Plastics - - 18.60 2.80 0.50 2.50 24.40 1.05%
Film Plastic - - 23.80 6.40 1.80 7.60 39.60 1.71%
Cartons - - 2.60 3.40 - 1.80 7.80 0.34%
Aluminum - 5.00 9.80 4.40 2.40 2.40 24.00 1.03%
Steel Cans 6.40 2.40 7.00 6.80 3.00 7.80 33.40 1.44%
Glass 27.20 - 11.00 5.00 12.30 6.40 61.90 2.67%
Residue 51.80 191.20 130.40 116.60 29.40 54.50 573.90 24.72%
Fines - - 113.60 126.60 6.40 21.20 267.80 11.54%
Totals 267.40 433.80 586.00 552.40 151.40 330.30 2,321.30 100.00%
The table below reflects the results of the recycling audit that Republic and the Materials Recovery Facility (MRF) conducted in October
2018. This information is used to calculate the commodity value, per Exhibit E of the contract.
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Contracted Increase Percentage 3.0%
Service Level Current Rates Increase %Increase Amt New Rates
Residential Curbside - 2 times per week 10.05$ 3.0% 0.30$ 10.35$
Residential Recycling - 1 time per week 4.70$ 23.2% 1.09$ 5.79$
Total Residential 14.75$ 9.4% 1.39$ 16.14$
Additional Residential Recycle cart 1.12$ 3.0% 0.03$ 1.15$
Commercial Hand Collect 26.93$ 3.0% 0.81$ 27.77$
Commercial Recycle Cart 5.38$ 3.0% 0.16$ 5.57$
Additional Commercial Recycle Cart (per cart) 2.14$ 3.0% 0.06$ 2.23$
*Replacement of Cart Lid 11.21$ 3.0% 0.34$ 11.58$
*Replacement of Cart wheel(s) 11.21$ 3.0% 0.34$ 11.58$
*Replacement of Cart 56.09$ 3.0% 1.68$ 57.80$
* Charges for excessive occurrences as determined by Contractor and the City.
Brush or bulk -Excessive 127.11$ 3.0% 3.81$ 130.95$
per hour - 30 minute minimum
Commercial Front Load Current Rates Increase %Increase Amt New Rates
2yd -1xwk 72.47$ 3.0% 2.17$ 74.64$
2yd -2xwk 114.71$ 3.0% 3.44$ 118.15$
2yd -3xwk 156.94$ 3.0% 4.71$ 161.65$
2yd -4xwk 199.22$ 3.0% 5.98$ 205.20$
2yd -5xwk 239.44$ 3.0% 7.18$ 246.62$
2yd -6xwk 281.72$ 3.0% 8.45$ 290.17$
2yd -7xwk N/A N/A N/A N/A
2yd -Extra 36.21$ 3.0% 1.09$ 37.30$
3yd -1xwk 90.53$ 3.0% 2.72$ 93.25$
3yd -2xwk 150.93$ 3.0% 4.53$ 155.46$
3yd -3xwk 213.29$ 3.0% 6.40$ 219.69$
3yd -4xwk 273.66$ 3.0% 8.21$ 281.87$
3yd -5xwk 336.06$ 3.0% 10.08$ 346.14$
3yd -6xwk 396.43$ 3.0% 11.89$ 408.32$
3yd -7xwk 512.03$ 3.0% 15.36$ 527.39$
3yd -Extra 44.27$ 3.0% 1.33$ 45.60$
4yd -1xwk 110.66$ 3.0% 3.32$ 113.98$
4yd -2xwk 183.12$ 3.0% 5.49$ 188.61$
4yd -3xwk 258.47$ 3.0% 7.75$ 266.22$
4yd -4xwk 330.02$ 3.0% 9.90$ 339.92$
4yd -5xwk 404.49$ 3.0% 12.13$ 416.62$
4yd -6xwk 476.93$ 3.0% 14.31$ 491.24$
4yd -7xwk 616.03$ 3.0% 18.48$ 634.51$
4yd -Extra 52.31$ 3.0% 1.57$ 53.88$
6yd -1xwk 169.03$ 3.0% 5.07$ 174.10$
6yd -2xwk 245.50$ 3.0% 7.37$ 252.87$
6yd -3xwk 342.06$ 3.0% 10.26$ 352.32$
6yd -4xwk 440.69$ 3.0% 13.22$ 453.91$
6yd -5xwk 539.31$ 3.0% 16.18$ 555.49$
6yd -6xwk 635.89$ 3.0% 19.08$ 654.97$
6yd -7xwk 863.36$ 3.0% 25.90$ 889.26$
6yd -Extra 60.37$ 3.0% 1.81$ 62.18$
8yd -1xwk 191.18$ 3.0% 5.74$ 196.92$
8yd -2xwk 313.93$ 3.0% 9.42$ 323.35$
8yd -3xwk 436.68$ 3.0% 13.10$ 449.78$
8yd -4xwk 557.41$ 3.0% 16.72$ 574.13$
8yd -5xwk 680.17$ 3.0% 20.41$ 700.58$
8yd -6xwk 802.90$ 3.0% 24.09$ 826.99$
8yd -7xwk 1,037.09$ 3.0% 31.11$ 1,068.20$
8yd -Extra 70.44$ 3.0% 2.11$ 72.55$
6yd-recyc-1xwk 75.00$ 132.1% 99.10$ 174.10$
6yd-recyc-2xwk 136.38$ 85.4% 116.49$ 252.87$
6yd-recyc-3xwk 174.30$ 102.1% 178.02$ 352.32$
6yd-recyc-Extra 33.09$ 87.9% 29.09$ 62.18$
8yd-recyc-1xwk 88.63$ 122.2% 108.29$ 196.92$
8yd-recyc-2xwk 152.74$ 111.7% 170.61$ 323.35$
8yd-recyc-3xwk 211.38$ 112.8% 238.40$ 449.78$
8yd-recyc-4xwk 279.55$ 105.4% 294.58$ 574.13$
8yd-recyc-5xwk 364.92$ 92.0% 335.66$ 700.58$
8yd-recyc-6xwk 456.15$ 81.3% 370.84$ 826.99$
8yd-recyc-Extra 44.16$ 64.3% 28.39$ 72.55$
Misc. Front Load Charges Current Rates Increase %Increase Amt New Rates
Containers with casters 16.86$ 3.0% 0.51$ 17.37$ (per month)
Locks or gates 1.63$3.0% 0.05$ 1.68$ (per lift)
Roll Out Containers 28.46$ 3.0% 0.85$ 29.31$ per month
Lock Bar Charge-Installation 106.75$ 3.0% 3.20$ 109.95$ per install
Lock Bar Fee-Monthly Fee 7.07$3.0% 0.21$ 7.28$ per month
Obstruction/Return Fee 22.20$ 3.0% 0.67$ 22.87$ per trip
Delivery Fee 53.75$ 3.0% 1.61$ 55.36$ per container
Additional Yardage Fee 13.75$ 3.0% 0.41$ 14.16$ For excessive
Burned Container Fees
2YD Front Load 59.21$ 3.0% 1.78$ 60.99$
3YD Front Load 68.11$ 3.0% 2.04$ 70.15$
4YD Front Load 78.46$ 3.0% 2.35$ 80.81$
6YD Front Load 93.26$ 3.0% 2.80$ 96.06$
8YD Front Load 111.04$ 3.0% 3.33$ 114.37$
Roll Off Rates Current Rates Increase %Increase Amt New Rates
Delivery 125.01$ 3.0% 3.75$ 128.76$
Open Top Rental 5.65$3.0% 0.17$ 5.82$ (per day)
20 yd Open Haul 451.47$ 3.0% 13.54$ 465.01$
30 yd Open Haul 495.88$ 3.0% 14.88$ 510.76$
40 yd Open Haul 584.68$ 3.0% 17.54$ 602.22$
28 yd Comp Haul 629.09$ 3.0% 18.87$ 647.96$
30 yd Comp Haul 629.09$ 3.0% 18.87$ 647.96$
35 yd Comp Haul 666.10$ 3.0% 19.98$ 686.08$
40 yd Comp Haul 666.10$ 3.0% 19.98$ 686.08$
42 yd Comp Haul 666.10$ 3.0% 19.98$ 686.08$
Misc.Roll Off Rates
Trip/Dry Run Charge 88.47$ 3.0% 2.65$ 91.12$
Relocate Fee 53.75$ 3.0% 1.61$ 55.36$
Burned Container Fees
20 yd 192.42$ 3.0% 5.77$ 198.19$
30 yd 207.25$ 3.0% 6.22$ 213.47$
40 yd 273.86$ 3.0% 8.22$ 282.08$
Packer 370.07$ 3.0% 11.10$ 381.17$
Landfill Rates Current Increase %
Automobiles, Station Wagons, Pickups (with no sideboards)15.00$ 3.0%
Pickups or Automobiles with Trailers attached, Less Than 8 Feet in Length 15.00$ 3.0%
Pickup and Trailers, Less Than 8 Feet in Length with Sideboards 45.00$ 3.0%
Pickups or Automobiles with Trailers Attached, Greater Than 8 Feet in Length 45.00$ 3.0%
Semi-trailers, Dump Trucks and Trucks Larger Than Pickups 45.00$ 3.0%
Tarp Charge for Improperly Tarped Vehicles - State Regulation 15.00$ 3.0%
Automobile / Pickup Tires (NO Rims)11.00$ 3.0%
Large Truck Tires (NO Rims)20.00$ 3.0%
Agricultural Tires (NO Rims)175.00$ 3.0%
Livestock 15.00$ 3.0%
Special Handling Charge (rootballs, etc.)65.00$ 3.0%
Brush Processing 5.00$ 3.0%
Attachment D:
2018 Adopted Contract with Republic
CONTRACT FOR RESIDENTIAL AND
COMMERCIAL WASTE AND RECYCLING COLLECTION
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
The CITY OF SOUTHLAKE, a municipal corporation located in Tarrant County, Texas, hereafter
called "City", acting by and through its duly authorized City Manager, and Republic Waste Services of
Texas, Ltd. a Texas limited partnership, acting by and through its duly authorized officer, hereinafter
called "Contractor", do hereby covenant and agree as follows:
City hereby grants to Contractor a non-exclusive contract and franchise to engage in the business of
a) collecting and disposing of Acceptable Waste including, but not limited to: Residential Waste,
Commercial Waste, Industrial Waste, Construction Debris and City Waste located within the
corporate limits of the City which is generated by residential, commercial, industrial, multi -family and
City properties, and (b) collecting and processing Recyclables and Construction Debris within the
corporate limits of the City, which is generated from commercial properties. City also hereby grants
to Contractor a license to use the public streets, alleys, easements and thoroughfares within the limits
of the City for the purpose of collection, disposal and processing of Acceptable Waste including, but
not limited to; Residential Waste, Commercial Waste, Industrial Waste, Construction Debris and City
Waste for a period of five years beginning October 1, 2018 and terminating September 30, 2023 with
an option to renew for an additional five year period upon mutual agreement of the parties hereto and
subject to the limitations, terms, and conditions hereinafter specified and contained in this Contract.
In addition to this Contract, the contract documents shall include the following documents and this
contract does hereby expressly incorporate the following Exhibits herein as fully as if set forth
verbatim in this contract:
a) the Rate Sheet,
b) the Miscellaneous Rate Sheet
c) the Performance Bond,
d) the Survey Question
e) Residential Recycling Exhibit
f) The Fuel Surcharge
g) Household Hazardous Waste Event
h) City Facilities
Page 1
Contractor shall comply with all provisions of the contract documents and no amendment to this
Contract shall be made except upon the written consent of the parties, which consent shall not be
unreasonably withheld. No amendment shall be construed to release either party from any obligation
of the contract documents except as specifically provided in such amendment.
This Contract is entered into subject to the following conditions:
a) The Contractor shall procure and keep in full force and effect throughout the term of this
contract all of the insurance policies specified in, and required by, the contract documents.
b) The Contractor shall not be liable for the failure to perform, in whole or in part, the
Contractor's duties if such failure is caused by catastrophe, riot, war, governmental order or
regulation, fire, accident, or other act of God.
c) In the event that any provision or portion of any contract document shall be found to be
invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with
the applicable laws.
III. Definitions
Wherever used herein, the hereinafter listed terms shall have the following meanings:
a) Acceptable Brush: Tree trimmings that are bundled in lengths no more than four feet
4') and no more than fifty (50) pounds in weight.
b) Acceptable Waste — Any non -hazardous Garbage, Trash, Debris, Brush, Bulky Waste,
Dead Animals, Stable Matter, Yard Waste, Recyclable Materials and other waste which Contractor is
legally permitted to accept for collection and delivery for disposal or processing pursuant to the terms
of this agreement including, but not limited to Commercial Waste, Industrial Waste, Residential Waste
and City Waste, but excluding Unacceptable Waste.
c) Agreement or Contract: The contractual agreement made and entered into by the City
and a Contractor for the collection, transportation, and/or disposal of Solid Waste, and/or the
collection, transportation, and/or processing of recyclable materials.
d) Appliances: Dishwashers, microwave ovens, stoves, washing machines, dryers,
refrigerators, freezers, water heaters and air condition units (up to a 5 ton capacity unit). Appliances
containing Freon shall bear a certification tag stating that the refrigerant was properly removed and
disposed of by a certified technician.
e) Backdoor Service: All handicapped or disabled customers who have provided
verification to the Contractor from a physician as to their inability to carry containers to the curbside
may place containers at their front doorstep to be visible from the street or at another location equally
convenience to customer as may be determined by the Contractor. Contractor cannot enter or be
responsible for entering garages or behind enclosed fences.
f) Brush: Cuttings or trimmings from trees, shrubs or similar materials which are not
susceptible to placement in disposable containers.
Page 2
g) Bulky Waste: Acceptable Brush, discarded furniture, Appliances, wooden fence panels,
panels need to be cut in half and shall not exceed four (4) feet in length), small amounts of discarded
construction materials not to exceed the equivalent of two 35 gallon sized plastic bags or corrugated
boxes, and other Acceptable Waste materials as may be agreed upon by City and Contractor, but
excluding Unacceptable Waste. The term Bulky Waste does not include unbundled brush, stable
matter, Debris, floor tiles, roofing materials or other materials too heavy to be placed in Bags.
h) Bundle: Tree, shrub, and brush trimmings securely tied together forming an easily
handled package that does not exceed the dimension or weight of acceptable brush.
City: The City of Southlake
Q) City Waste: All Acceptable Waste and Recyclable Materials generated at City owned
facility. The term City Waste does not include Special Waste, waste resulting from public works
operations including debris and waste water sludge.
k) Commercial Recycling Container: Metal containers supplied by Contractor affording
capacity for Recyclable Materials to service a customer so as to prevent spillage, unsightly and
unsanitary conditions.
1) Commercial Waste: All bulky waste, construction debris, garbage, rubbish, and stable
matter generated by a customer at a commercial premise.
m) Commercial Premise: All premises, locations or entities, public or private, requiring
waste collection within the corporate limits of the City, not a residential premise.
n) Commercial Hand Collection: A commercial premises that generates no more than one
1) cubic yard of waste materials per week.
o) Construction Debris: Waste building materials resulting from construction, remodeling,
repair, or demolition operations.
p) Container, Commercial: Metal containers supplied by Contractor affording capacity to
service a customer so as to prevent spillage, unsightly and unsanitary conditions.
q) Container, Residential: A receptacle with a capacity of at least eighteen (18) gallons,
but no greater than thirty-nine (39) gallons; constructed of plastic, metal, or fiberglass; and having
handles of adequate strength for lifting. Containers larger than thirty-nine (39) gallons may be used if
contents are bagged for easy handling. The mouth of a container shall have a diameter greater than,
or equal to, that of the base. Container may also be a plastic garbage bag or sack.
r) Contract Documents: The Rate Sheet (Including Alternatives, if any), the Miscellaneous
Rate Sheet, the Performance Bond, the Survey Question, Residential Recycling Exhibit, The Fuel
Surcharge, Household Hazardous Waste Event, City Facilities, and this Contract.
s) Contractor: Republic Waste Services of Texas, Ltd.
t) Customer: A residential user, commercial hand collection user, and/or commercial user
who generates waste materials.
Page 3
u) Dead Animals: Animals or portions thereof equal to or less than ten (10) pounds in
weight.
v) Debris: Dirt, rock, concrete, bricks or other waste building materials.
u) Disposal Site: See Landfill (Sanitary).
w) Garbage: Solid Waste consisting of putrescible animal and vegetable waste materials
resulting from the handling, preparation, cooking, and consumption of food, including waste materials
from markets, storage facilities, and the handling and sale of produce and other food products.
x) Hazardous Waste: Solid wastes regulated as hazardous under the Resource
Conservation and Recovery Act, 42, U.S.C.A., Section 1002, et seq., or regulated as toxic under the
Toxic Substance Control Act, 15 U.S.C.A., Section 2601, et seq., and regulations promulgated
hereunder or other applicable Federal or State Law concerning the regulation of hazardous or toxic
wastes.
y) Industrial Waste: Any Acceptable Waste resulting from or incidental to any process of
industry or manufacturing, mining or agricultural operations. The term "Industrial Waste" shall include
Class I Industrial Solid Waste, Class II Industrial Solid Waste and Class III Industrial Solid Waste (as
defined under Title 30, Part I, Chapter 330, Subchapter A, Rule 330.2 of the Texas Administrative
Code), but shall exclude Unacceptable Waste.
z) Landfill: A MSW -Type I facility defined by 30 TAC § 330.5.
aa) Premises: All public and private establishments, including individual residences, all
multi -family dwellings, residential care facilities, hospitals, schools, businesses, other buildings, and
all vacant lots.
bb) Producer: An occupant of a residential premise or commercial premise who
generates waste or recycling materials.
cc) Recyclable Materials: Commodities collected by the Contractor pursuant to the
Contract documents, which can be sold for processing and use or reuse including, but not limited to,
newsprint, magazines, catalogs, copy paper, office paper, plastic containers (#1, #2, and #5 PET
and HDPE), glass containers, aluminum cans, metal (tin) cans, and household paper products to
include junk mail, envelopes, cereal boxes, cardboard, chipboard, and telephone books.
dd) Recycling Cart: -A ninety-five (95), or sixty-five (65) gallon plastic wheeled container, to
be used for the storage and placement of Recyclable Materials at a Residential or Commercial
Premise.
ee) Residential Premise: A dwelling within the corporate limits of the City occupied by a
person or group of persons comprising not more than four (4) families. A residential premise shall be
deemed occupied when either water or domestic light and power services are being supplied thereto.
A condominium dwelling, whether of single or multi-level construction, consisting of four (4) units shall
be treated as a residential premise and shall be billed separately as a residential premise.
ff) Residential Waste: All Acceptable Waste excluding Debris, Stable Matter and Brush that
is not prepared in accordance with the term Bundle, that is placed in a Residential Container, or Bulky
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Waste generated or produced on the premises and discarded by a Producer at a Residential
Premise.
gg) Rubbish: Non-putrescible solid waste (excluding ashes), consisting of both combustible
and noncombustible waste materials; combustible rubbish includes paper rags, cartons, wood,
excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; noncombustible
rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and like materials which
will not burn at ordinary incinerator temperatures (1600 degrees Fahrenheit to 1800 degrees
Fahrenheit.)
hh) Special Waste: Any waste defined as Special Waste by 30 TAC § 330.3(148).
ii) Solid Waste: All non -hazardous and non -special (see Special Waste definition) solid
waste material, including unwanted or discarded waste material in a solid or semi-solid waste,
including, but not limited to: garbage, trash, ashes, rubbish, yard waste (including brush, tree
trimmings, Christmas trees), discarded appliances, and home furniture and furnishings, provided that
such material must be of the type and consistency to be lawfully accepted at the Landfill under the
applicable Federal, State, and Local Laws; Regulations; and Permits governing each.
Qj) Stable Matter: All manure and other waste matter normally accumulated in or about a
stable; or any animal, livestock, or poultry enclosure; and resulting from the keeping of animals,
poultry, or livestock.
kk) Trash: All Solid Waste (as defined in the Municipal Solid Waste Management
Regulations of the Texas Department of Health) other than Garbage, Debris and Brush.
II) Unacceptable Waste: Any and all waste that Contractor is not authorized to accept for
collection and delivery for disposal pursuant to its permits and licenses, including, without limitation,
highly flammable substances, Hazardous Waste, certain pathological an biological wastes,
explosives, radioactive materials and any other materials deemed by federal, state or local law, or in
the reasonable direction of Contractor, to dangerous or threatening to health or the environment or
Contractor's operations.
mm) Yard Waste: Leaves, yard and garden debris, and brush, including clean woody
vegetative material not greater than six inches in diameter, which results from landscaping
maintenance and land clearing operations. The term does not include grass clippings, stumps,
roots, or shrubs with intact root balls.
IV. Contract Services
Contractor hereby covenants and agrees to diligently and faithfully perform the public service and
work of collecting and disposing or processing of all Acceptable Waste and Recyclable Materials of
residential and commercial units to which it provides service, as provided herein, within the City. The
services to be performed by Contractor are described more particularly in the contract documents.
These services shall include the furnishing of all labor, tools, vehicles, equipment, materials, landfills,
insurance, performance bonds, supervision and all other items necessary to the performance of such
work and shall be carried out in the manner, at the times, and in the locations and at the prices
specified in the contract documents, and shall be subject to inspection and approval of the City
Manager or the City Manager's designee.
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V. Fees and Rates
a) Rates: The rates to be charged by Contractor for Acceptable Waste and Recyclable
Materials collection through September 30, 2023 will be those set forth in Exhibit "A", the Rate Sheet
and Exhibit "B", the Miscellaneous Rate Sheet, collectively, the "Rates" as modified from time to time
as set forth herein and incorporated herein for all purposes. These rates will be binding and
considered part of this contract.
b) Modification of Rates: Contractor shall be allowed to adjust the Rates (excluding the
Processing Component of the Residential Recycling Rate) beginning on October 1, 2019, and
annually thereafter by three percent "The Increase Percentage". Contractor shall submit to City by
August 1st each year the adjusted Rates (excluding the Processing Component of the Residential
Recycling Rate) based on the Increase Percentage. The Rates (excluding the Processing Component
of the Residential Recycling Rate) established hereunder shall be adjusted upward by the percentage
change of three percent. The annual adjustment to the Processing Component of the Residential
Recycling Rate shall be determined as set forth in Exhibit E.
Contractor may also adjust the commercial and roll off rates based on the Fuel Surcharge as detailed
in Exhibit F, "The Fuel Surcharge."
In addition, an additional extraordinary increase ("Extraordinary Increase") may be requested by
Contractor. An Extraordinary Increase must be for fees or expenses not already accounted for in the
annual increase or the Fuel Surcharge, or substantially underrepresented in either, and may only be
requested when a future extraordinary fee, expense, law, or, regulation makes the provision of the
services by Contractor called for by this Contract not economically feasible for Contractor. Contractor
may also request an extraordinary increase to adjust the Processing Component of the Residential
Recycling Rate as detailed in Exhibit E, "Residential Recycling." In support of any Extraordinary
Increase, Contractor shall furnish evidence as to the need for the Extraordinary Increase to the City
Manager, or designee. For any Extraordinary Increase in the Rates, if the City Manager agrees with
the increase proposed by Contractor, then the City Manager will recommend acceptance of the
Extraordinary Increase to the City Council for its approval, disapproval, or modification. If the City
Manager does not agree with the Extraordinary Increase, Contractor and the City Manager, or
designee, will attempt in good faith, including non-binding mediation, to agree to an amount of the
Extraordinary Increase that the City Manager will recommend to the City Council. If an agreement is
reached, City Manager will recommend the agreed upon Extraordinary Increase to the City Council
for its approval, disapproval, or modification. If no agreement can be reached, the City Manager will
submit Contractor's proposed Extraordinary Increase to the City Council for its approval, disapproval,
or modification. The parties agree to negotiate in good faith regarding any Extraordinary Increase.
c) Franchise Fee: For and in consideration of the City granting Contractor a franchise
within the city limits for commercial and residential Acceptable Waste and Recyclable Materials
collection, Contractor hereby agrees to pay the City a ten percent (10%) franchise fee on all
commercial and residential collections, calculated pursuant to the following two paragraphs.
d) Residential Billing: The City is hereby designated as the billing and collection agent
for the residential collection services provided herein. The City will retain ten percent (10%) of the
amount collected each month as payment of the portion of the franchise fee due and owing on
residential billings. The City agrees to provide Contractor with a computer printout establishing the
amount of the residential billings by the City each month, said printout to be provided and any
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amounts due to Contractor to be paid to Contractor no later than the twentieth (20) day of month
following the month billed.
e) Commercial Billing: Contractor shall be responsible for billing and collection of funds
for commercial collection services. Contractor agrees to provide the City with a computer printout
and computer data file in a format acceptable to City for each customer served, the name of each
customer, the type of container serviced, the frequency of collection, the location of each commercial
container, and the total dollar amount per account serviced by Contractor each month and the total
dollar amount collected each month, said information and the ten percent (10%) of the total dollar
amount collected for the month franchise fee to be provided to the City no later than the twentieth (20)
day of the month following the month collected. Contractor shall be allowed to assess administrative
fees for delinquent payments and reinstatement of service for commercial customers whose service
was interrupted for non-payment. Such fees shall be as stated on Exhibit A, the Rate Sheet.
f) Audit: Either Contractor or the City may request an audit of all account records by the
City's independent audit firm then engaged by the City at the time of the request. The City may audit
the information used to determine the Residential Recycling Rate. Such audit shall be at the expense
of the party requesting same unless the audit results in a credit or payment due of one thousand
dollars or more to a party requesting the audit in which case the cost of the audit will be paid by the
non -requesting party. Further, documentation of billings will be provided to the City or Contractor
upon request by the other party.
VI. Contractor's General Duties and Obligations
It shall be the duty and obligation of Contractor to perform the following services:
a) The Contractor, at its sole cost and expense, agrees to furnish all trucks, equipment,
machines, landfill and labor which are reasonably necessary to adequately, efficiently, and properly
collect and transport garbage from accounts serviced by Contractor in accordance with this Contract.
In no event will the average age of the trucks assigned to this contract be older than an average age
of eight (8) years. Collection of garbage shall be made using sealed packer -type trucks, and such
equipment shall not be allowed to leak or scatter any waste within the limits of the City nor while in
route to the disposal site.
b) Due to the street size variations in the City, the Contractor shall provide equipment that
will accommodate such public streets and alleys. Special collections shall be made using appropriate
equipment. Damage caused by Contractor's collection equipment such as spillage and broken curbs
or sidewalks shall promptly be repaired or replaced at the Contractor's expense. Contractor shall not
weave from curb to curb, drive in the middle of the road, or apply severe braking during routes
through residential streets to prevent damage to infrastructure and for safety reasons. Contractor will
train drivers to protect Southlake streets and not make sudden braking stops that will damage street
surfaces.
c) All motor vehicles used in performance of the obligations herein created shall be clearly
marked with the Contractor's name, unit number, website url, legible from one hundred fifty feet
150'). All vehicles and equipment shall be of a uniform color, and the exterior of the vehicle and
equipment shall be in good condition. No advertising, except the company logo, shall be permitted on
vehicles. All collection equipment shall be maintained in a safe, and efficient working condition
throughout the term of the Contract. Such vehicles shall be maintained through a regular
preventative maintenance program and washed and painted as often as necessary to preserve and
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present a well -kept appearance. Vehicles are to be washed on the inside a minimum of once a
month and disinfected if requested by the City.
d) Garbage collection vehicles and recycling collection vehicles shall be clearly
distinguishable from one another. In the event that one vehicle is used to serve the other purpose, a
clearly visible sign should be affixed to the vehicle to inform residents that the waste or recycling
materials are going to the proper place. The Contractor shall furnish the City a list of all equipment to
be used fulfilling the Contract and shall update that list as equipment changes and as may be
requested by the City.
e) The City may inspect Contractor's vehicles during business hours to ensure compliance
of equipment with Contract or require an equipment replacement schedule to be submitted to City.
f) Contractor will dispose of in a legal manner, all Acceptable Waste, and other waste
materials collected.
g) Contractor agrees to establish daily routes and special schedules for the collection of
Acceptable Waste other waste materials as necessary to fulfill the requirements of this contract.
Further, Contractor will utilize written or electronic route books for use in the collection of Acceptable
Waste from all customers. A copy of each route book currently in use by Contractor will be provided
to the City and updated when changed so that City shall at all times have full knowledge of the
designated route to be followed by Contractor. The City shall approve all routes. The City shall have
the right to require alteration of service to any premises where unsightly or unsanitary conditions have
resulted from inadequate commercial containers or an insufficient number of collections.
h) Contractor agrees, at its own expense, to maintain a toll-free telephone number and to
provide that telephones be answered from 8:00 A.M. to 5:00 P.M., Monday through Friday; and 8:00
A.M. to 12:00 P.M. on Saturday, excluding Holidays defined herein in Section VI(m), for the purpose
of handling complaints and other calls regarding Acceptable Waste and/or recyclable collection
service. During these hours, a mechanical answering machine may not be used. Contractor may,
however, use a mechanical answering machine to take messages at all other times.
1) The Contractor shall also maintain a local office, with competent personnel in the
office during the time the office is required to be open to the public. The office personnel
shall have authority to represent the Contractor in its relations with the public.
2) The Contractor shall also provide the City a telephone number by which the
Contractor can be contacted for after-hours' emergencies.
3) The Contractor shall keep and maintain in the office a daily log in electronic form
in a format acceptable to City of all the service calls and complaints, and shall show the
nature of the call complaints or communication and nature and time of the disposition
thereof by the Contractor. The City shall have the right to inspect the daily log at any
reasonable time.
i) Throughout the term of this Contract, Contractor shall establish and maintain an
authorized Managing Agent and shall designate, in writing, to the City Manager the name, telephone
number, and address of such agent upon whom all notices shall be served by the City and to whom
complaints received from citizens of the City may be directed.
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j) Contractor shall assign one supervisory level employee to oversee Contractor's
operations in the City and who will remain in the City the majority of the time residential service is
being provided in the City. Contractor agrees that if the supervisory level employee normally
assigned to the City will be offsite longer than one day, Contractor will assign a substitute supervisory
employee who will have the same responsibilities as the regularly assigned supervisory employee. At
all times while offsite the supervisor assigned to the City will be available to respond within two hours
to issues that may arise. The City Manager will be given the name and contact information of the
supervisor so assigned and will have the right to contact the supervisor directly should the need arise.
k) Contractor shall employ sufficient numbers of employees to meet its obligations under
this Contract and employ only superintendents, supervisors, and workers who are careful, competent
and fully qualified to perform the duties or tasks assigned to them and shall secure the summary
dismissal of any person or persons employed by Contractor in or about or on the work who shall
misconduct themselves or be incompetent, disrespectful, intemperate, dishonest, or otherwise
objectionable or neglectful in the proper performance of their duties or who shall neglect or refuse to
comply with or carry out the directions of Contractor. All workers shall have sufficient skill, ability, and
experience to properly perform the work assigned to them and operate any equipment necessary to
properly carry out the performance of their assigned duties. Contractor shall perform driving record
checks of all drivers working within the City with said checks to be updated every twelve (12) months
or as frequently as required by Department of Transportation Regulations. Contractor shall remove
any driver with an unsafe driving record from working within the City.
1) Contractor shall provide evidence indicating that it has the right to use a landfill site for
the purpose of this Contract for the entire period of this Contract and any agreed extensions thereto.
Contractor agrees to indemnify and hold City harmless from any liabilities, including but not limited to,
special clean-ups, fines or other regulations imposed on any landfill site used by the Contractor to
dispose of Acceptable Waste collected in the City. As between the City and the Contractor, once
waste is picked up by the Contractor, all Acceptable Waste shall be the sole responsibility of the
Contractor. Hazardous waste and other items prohibited by state, federal, or local regulation from
placement in landfills shall not be knowingly or intentionally placed in a landfill by Contractor. If such
hazardous or prohibited waste is inadvertently placed in a landfill by Contractor, the Contractor shall
not be precluded from seeking remedies, including but not limited to damages, due the Contractor
from the industrial or commercial customers that generated the hazardous or prohibited waste and
placed it with the Contractor for collection and disposal. Contractor and the City recognize that the
Contractor's agreement to indemnify the City from any and all liability for items placed in a landfill
flows from the joint knowledge of the parties that the City will not know what is being placed with the
Contractor and delivered to the landfill.
m) Contractor may cancel collection services on only the following holidays: Labor Day,
Fourth of July, Thanksgiving, Christmas Day and New Year's Day. Contractor may decide to observe
any or all of the above mentioned holidays by suspension of collection services for the holiday, but
such decision in no manner relieves the Contractor of its obligation to provide residential collection
services twice per week and recycling collection services once per week. Contractor will be
responsible for notifying all customers at Contractor's expense of any deviation from a regular
scheduled pickup day due to any holiday observed by Contractor. The City and Contractor will work
together to determine the most appropriate method of said notification.
n) Contractor agrees to provide a citizens drop-off convenience center at the Arlington
Landfill. Each resident will have dumping privileges at this site where residents will be permitted to
dispose of Acceptable Waste at the costs set forth in the Miscellaneous Rate Sheet.
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o) The parties agree that notwithstanding anything to the contrary in the Contract,
Contractor shall have no obligation to collect Unacceptable Waste. Title to and liability for such
Unacceptable waste shall at no time pass to Contractor.
VII. Contractor's Collection Duties and Responsibilities
a) Residential Collection.
1) The Contractor shall provide curbside or backdoor collection service for
Residential Waste (including Acceptable Brush) on a four day schedule with all
residential customers receiving service twice per week on either a Monday/Thursday or
Tuesday/Friday schedule. Contractor shall collect all Residential Waste, (with the
exception of Brush and Bulky Waste, which is provided for below), placed in authorized
containers (plastic bags or residential containers) placed at curbside by 7:00 A.M. on
the designated collection day. Contractor shall pick up all garbage on the designated
collection day no later than 7:00 PM.
2) Contractor shall provide curbside collection of Bulky Waste during the regular
residential collection frequency at a rate of up to two (2) cubic yards per resident per
collection provided that same are prepared according to specifications provided herein.
i) In addition, Contractor shall collect up to twelve (12) cubic yards annually
of brush, rubbish and trees, which are not contained in garbage containers or are
not placed for collection in a bundle or a boxed bundle for each residential
customer on an on-call basis for no additional cost. Residents requesting such
service shall have the option of utilizing their annual twelve cubic yard allotment
in one service collection, or may opt to utilize the allotment for up to three
separate collections of four (4) cubic yards per collection.
ii) Thereafter, at customer's request, rubbish, brush, and trees that are not
contained in garbage containers or are not prepared and placed for collection in
a bundle or a boxed bundle shall be collected and disposed of by Contractor on
the same on-call basis for a special fee set forth in the Miscellaneous Rate
Sheet. Contractor shall bill customer directly for this fee and is responsible for
collection of same.
3) Contractor shall make collections with a minimum of noise and disturbance to the
householder. This work shall be done in a sanitary manner. Any Solid Waste spilled by
Contractor shall be picked up immediately by the Contractor's employees.
b) Curbside Recycling
1) Recyclable commodities for each residential premise shall be serviced once per week
on one of the customers two designated waste collection days.
2) Contractor shall deliver at no charge, a Recycle Cart to new residents moving into a
Residential Unit of the City where there is no existing Recycling Cart located on the
premises. City's designated agent will approve and specify the wording and/or graphic
composition of any labels to be applied to the Recycling Carts. Contractor shall be
responsible for the ongoing maintenance of the Recycling Carts. Residential Customers
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shall contact Contractor to request a repair or replacement of damaged, lost or stolen
Recycling Carts. Contractor shall repair or replace the damaged, lost or stolen
Recycling Carts within three Business Days after receiving such notification from the
Residential Customer. Residential Customers shall not be responsible for damages
resulting from Contractor's negligence or manufacturer -related defects. Contractor and
City's designated agent shall work in good faith to allocate responsibility for excessive
Recycling Cart damage or replacement. Charges for the repair or replacement of
Recycling Carts due to excessive occurrences by a resident shall be as determined by
the Contractor and agreeable to the City. Contractor shall be responsible for billing and
collection of such charges. Contractor shall not, during the term of this agreement or
any renewal term hereafter, install, imbed or utilize Radio Frequency Identification
RFID" chips or similar technology, nor utilize RFID or similar technology in the
servicing, replacement or addition of Recycling Carts required under this Contract.
3) Residents may elect to utilize more than one Recycle Cart for the collection of
Recyclable Materials, however, there shall be an additional monthly fee for each Recycle
Cart in addition to the initial Recycle Cart provided by Contractor. Such fee shall be as
stated in Exhibit A, the rate Sheet attached hereto, which may be adjusted annually in
accordance with Section V -b, contained herein.
4) Contractor shall also provide the City a recycling report detailing volume
collected and participation rate on a monthly basis. The participation rate will be
estimated by Contractor based on the weight of recyclable materials collected.
5) The following materials shall be included in the recycling program:
Office Paper
Newsprint
Magazines and Catalogs
Aluminum Beverage Cans
Steel/Tin Cans
Glass — Clear, Brown, and Green
HDPE & PET Plastic Bottles #1, #2 and #5, Household Paper
Products to include junk mail, envelopes, cereal boxes,
cardboard, chipboard, and telephone books
6) The Contractor shall be responsible for transporting the recyclable materials to
a processing site and must have established buyers or markets for the recyclables.
The Contractor may be required to identify the buyers of the recyclables upon request
by the City. To the fullest extent possible, recycling materials should be protected
against contaminates that require disposal at the landfill. Contractor shall be
responsible for processing and marketing of all residential Recyclable Materials
collected pursuant to this Agreement. Recyclable Materials shall comply with any and
all specifications provided by Contractor in order to meet quality thresholds for
commodity markets and contamination levels. To the extent any type of Recyclable
Material received within the City limits is rejected by the recycling facility or is not of the
intended quality or grade, Contractor will notify the City and shall deliver the
contaminated load to the Contractor's landfill. If market conditions develop that limit or
inhibit Contractor from selling some or all of the Recyclable Materials, Contractor shall
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notify the City, and agrees to negotiate in good faith with the City changes to this
agreement that may include; (i) disposal of Recyclable Materials at the Contractor's
landfill, (ii) temporary suspension of the Recycling Services, or (iii) discontinued
collection of Recyclable Materials. Changes to recycling services or collection
schedules shall occur only after City and Contractor have negotiated new terms to this
agreement, and sufficient time has been provided for the City to properly communicate
the changes to its residents.
7) Contractor shall provide the City a report on a monthly basis detailing the
commodity value by material type and processing rate of the City's recyclable
materials. Recyclable materials price report should include, but not be limited to; Old
Corrugated Cartons ("OCC"), Mixed paper products, plastic containers, glass bottles
and jars, steel and tin cans, aluminum cans, aseptic packaging (wax coated milk and
juice cartons).
8) If Contractor's employees determine that the recyclable materials set out by the
resident are unacceptable due to the inappropriateness of the materials, Contractor will
leave the inappropriate materials in the bin. A sticker shall be attached to the bin
explaining the reason the materials were rejected. Contractor will not be required to
collect recyclable materials mixed with garbage or rubbish normally collected by Solid
Waste collecting crews.
9) Contractor shall provide collection of Bulk Cardboard Recycling for residents on an
on-call basis for quantities of cardboard that are too large to fit in the recycle cart. Bulk
cardboard recycling does not include Styrofoam, packing materials or any other items.
c) Commercial and Industrial Collections.
1) Commercial Container Specifications: Contractor agrees to make commercial
containers for storage of Commercial Waste, Construction Debris, and/or debris, as the
case may be, available upon request of the owner or occupant of any premises (at such
owner's or occupant's expense) within the corporate limits of City, excluding single
family and two family residences. The commercial containers provided by Contractor
shall be (i) equipped with suitable covers to prevent blowing or scattering of Solid Waste
while being transported for disposal of their contents, (ii) maintained in good repair,
appearance, and in a sanitary condition, and (iii) clearly marked with Contractor's name
and telephone number in letters not less than two (2) inches in height. If collection is
from a commercial container, that container should be located on a concrete pad to
accommodate collection equipment.
2) Commercial Recycling
a) Contractor agrees to make commercial containers for storage of
Recyclable materials for each commercial premise available upon request of the
owner or occupant of any premises (at such owner's or occupant's expense)
within the corporate limits of the City, excluding single family and two family
residences. Said containers will be a minimum of two cubic yards and be
equipped with lids for protection of paper materials during weather.
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b) Contractor agrees to provide Recycle Cart recycling services to
commercial customers in the City who do not have the space to place a recycle
dumpster, or who produces a small amount or recyclable materials each week,
provided that such customer's location(s) are acceptable and agreeable between
Contractor and the City. The rate for such recycling services is set forth in
EXHIBIT A."
c) Contractor shall collect the recyclable materials at the location and
frequency to be mutually agreed upon by Contractor and the commercial
customer, provided, however, recycling service shall be at least once per week to
maintain the premises free of accumulation of waste.
d) Contractor shall provide the City a recycling report detailing volume
collected.
e) Acceptable Materials shall include: Newspaper, office paper, cardboard,
plastic containers, and aluminum containers. Contractor has the right to add or
remove materials from the accepted list of materials due to market factors.
f) The Contractor shall be responsible for transporting the recyclable
materials to a processing site and must have established buyers or markets for
the recyclables. The Contractor may be required to identify the buyers of the
recyclables upon request by the City. To the fullest extent possible, recycling
materials should be protected against contaminates that require disposal at the
landfill. The Contractor shall be totally responsible for the processing and
marketing of all recyclable materials collected pursuant to the Contract.
g) If Contractor's employees determine that the recyclable materials set out
by the customer are unacceptable due to the inappropriateness of the materials,
Contractor will leave the inappropriate materials in the container. Contractor shall
notify the customer explaining the reason the materials were rejected. Contractor
will not be required to collect recyclable materials mixed with garbage or rubbish
normally collected by Solid Waste collecting crews.
h) Contractor agrees to assist commercial customers in obtaining LEED's
certification regarding the recovery and disposition of construction debris on
construction projects.
3) Frequency of Commercial Front Load Collections: Contractor agrees that the
frequency of collections shall be as is mutually agreed upon by Contractor and the
commercial customer, provided, however, collection service shall be at least once per
week to maintain the premises free of accumulation of waste.
Contractor shall notify City if the size and number of commercial containers and
frequency of pickup at a commercial site are insufficient to avoid an unsightly
accumulation of Solid Waste or fire hazards or an accumulation of flies, rodents,
scavengers and unnecessary odors.
3) Frequency of Commercial Roll Off Collections: Contractor agrees that the
frequency of collection shall be as is mutually agreed upon by Contractor and the
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Commercial Roll Off customer, provided, however, that Contractor shall notify City if
collection service are not scheduled so as to maintain the premises free of accumulation
of Acceptable Waste or fire hazards or an accumulation of flies, rodents, scavengers
and unnecessary odors.
d) City Collections.
1) The Contractor shall make, at no charge to the City, the collection, transportation,
and disposal of Acceptable Waste accumulated by the City at City owned, operated, or
other City designated sites up to ten thousand front load container service yards and
one hundred twenty (120) 30 -yard roll off loads of waste per year ("Annual Limits"). City
will provide a list of such sites to Contractor upon execution of this Agreement and
thereafter may be updated from time to time. Regular service shall include the free
provision, collection, and hauling or dumpsters and/or roll -off containers as requested
by the City for special events and ongoing or special projects. In the event that the
City's containers are full and are in need of a special disposal, the Contractor shall
accommodate the City when possible. For collection service requirements in excess of
these Annual Limits, the City will be charged the then current rates for such service as
set forth in Exhibit "A" attached hereto. For purposes of this section, commercial
service yards per container shall be calculated using the container size multiplied by the
times of collection (for example: 6 -yard container X 3 times per week collection X 4.33
weeks per month X 12 months = 935 annual commercial collection yards). Roll off
loads shall consist of completed loads of large containers (30 -yards) to the Landfill as
directed by the City.
2) The Contractor shall also provide, at no charge to the City, recyclable materials
collection services at City buildings as listed on Exhibit H. The list of City buildings
receiving such service may change from time to time upon mutual agreement between
the City and the Contractor.
The recyclable collection service shall consist of up to one time per week collection of
recyclable materials. Acceptable materials shall include: Newspaper, office paper,
cardboard, plastic containers, and aluminum containers. The City shall place the
recyclable materials for collection at a location adjacent to the City building(s) agreed to
by the parties. The recyclable materials placed for collection shall be contained in a
Commercial Container with a capacity of 6 or 8 cubic yards, collection cart or special
color plastic bag (blue bag). The Contractor shall transport the collected recyclable
materials to a material recovery facility for processing.
e) Special Collections
1) Christmas Tree Recycling. The Contractor will be required to provide mulching
service for the City's annual Christmas tree recycling program at a City designated
location once annually. Said mulching will be conducted by the second weekend in
January each year. The City may market and advertise that residents can dispose of
Christmas Trees at a designated site up to the second weekend in January. At that
time, the site will be shut down and the Contractor will mulch all trees. The Contractor
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will provide the mulching equipment. The City will determine the use of the mulch
created from the trees.
2) Storm Debris Management Program. In the event of a major storm, as
characterized by property damage in the City, such as downed trees on public or private
property, and as determined by the City Manager and agreed to by Contractor, the
Contractor shall provide, at the City's request, assistance to residents in the disposal of
storm debris. The Contractor agrees to provide sufficient information to substantiate its
costs to provide this service and the City and Contractor agree to negotiate in good faith
to agree upon the fees to be paid for this service.
3) Household Hazardous Waste Event — Contractor agrees to provide one annual
Household Hazardous Waste event whereby Contractor will arrange to supply the
necessary labor, equipment and proper disposal of materials collected. City agrees to
provide a staging area for the event and provide citizen notification of the event. Details
of the annual event and a list of materials collected are described further on Exhibit G
attached hereto.
4) Annual Leaf Collection and Recycling Program —The Contractor will provide
for no additional cost, annual collection of bagged leaves on four (4) Wednesdays
during the months of November, December, and January. The specific days of
collection will be as mutually agreed upon by the City and the Contractor.
Residents will need to have their leaves bagged and placed at the curb no later than
7:00 am on the designated collection day. Contractor will collect the bagged leaves and
transport them to the Arlington Landfill for debagging and processing, which will then be
integrated into soil amendment materials.
In order to avoid collection errors, bagged leaves must be set at a curb location clearly
distinguishable from solid waste. Residents should place bagged leaves at the curb
physically separated from the location where regular solid waste is set for collection.
VIII. Spillage
a) Contractor shall not be responsible for scattered waste unless the same has been
caused by its acts or those of any of its employees, in which case, all scattered waste shall be
cleaned up immediately by the Contractor. A fork, push broom, and a scoop -type shovel shall be
maintained on each truck for cleanup activity. The Contractor shall, if necessary, hand clean all
spillage resulting from its collection activities. In the event of spillage of hydraulic fluid, engine oil,
fuel, or other liquids that spill from the collection truck which may require power washing ("truck
fluids") on City infrastructure or private property, Contractor agrees to power -wash the pavement or
concrete to attempt to remove spillage within twenty-four (24) hours of notification of said spillage. In
the event of spillage on private property, Contractor shall remove said waste within twenty-four (24)
hours of notification to Contractor.
b) Contractor will not be required to clean up or collect loose waste and/or spillage not
created by its operations, but shall report the location of such conditions to the City so that proper
notice can be given to the customer at such premises to properly contain such waste. Spillage or
excess waste shall be picked up by Contractor after the customer reloads the containers. In the case
Page 15
of commercial customers, Contractor shall be entitled to an extra collection charge for each reloaded
commercial container requiring an extra collection.
c) Should such commercial spillage continue to occur, due to the inadequate size of the
container, the City shall require the commercial customer and Contractor to increase the frequency of
collection of the customer's waste, or require the customer to utilize a commercial container with a
larger capacity, and Contractor shall be compensated for such additional services.
IX. Non -Collection and Complaints
a) All service complaints shall initially be directed to Contractor. In most cases, Contractor
will resolve complaints to the complainant's satisfaction within 24 hours of receipt of the complaint,
excluding Sundays and Holidays defined in Section VI(m). Unless Contractor provides proper
documentation to the City, Contractor will contact the customer and begin the resolution process by
the end of the next business day following receipt of the complaint and seek to resolve the complaint
to the complainant's satisfaction within 36 hours of receipt of the complaint, excluding Sundays and
Holidays defined in Section VI(m). If the Contractor is unable to resolve a complaint within 36 hours,
Contractor will notify City and provide documentation to the City's satisfaction explaining the reasons
the complaint cannot be satisfied within 36 hours. On a monthly basis, Contractor shall supply the
City with copies of all complaints on a form approved by the City or in an electronic format agreeable
between City and Contractor indicating the disposition of each complaint. The form shall indicate the
day and hour on which the complaint was received and resolved.
b) The City shall notify Contractor of each complaint reported to the City in order for
Contractor to take whatever reasonable steps are necessary to remedy the cause of the complaint.
Contractor shall notify the City of its disposition in the monthly report described in the preceding
paragraph.
c) Contractor shall provide the City with a full explanation of the disposition of any
complaint involving a customer's claim of damage to private property as the result of actions of
Contractor's employees, agents and subcontractors.
d) Contractor shall notify all customers about complaint procedures, rules and regulations,
and days of collection on an annual basis and whenever there is a change in service, days of
collections, procedures, etc. The City and Contractor will work together to determine the most
appropriate method of said notification.
e) For a complaint from a customer dealing with the Basic Service Components, the City
Manager shall be responsible for deciding any disputes between the City, Contractor, and/or the
customer as to the validity of the customer's complaint. Basic Service Components include the
Contractor's duties to collect a customer's waste as required herein, to clean up spillage as required
herein, and to exchange or replace a commercial or residential customer's container or bin as
required herein. The decision of the City Manager on such matters shall be final and all parties agree
to abide by said decision; provided, however, that when Contractor challenges any complaint or
failure to perform under this contract, the City Manager may, in her sole discretion, request a joint
inspection by a representative of the City and a representative of Contractor. However, such
inspection shall not alter the City Manager's discretion to make the final decision regarding such
matter.
f) It is understood and agreed by and between the City and Contractor that if any
customer maintains improper or inadequate containers for the nature, volume or weight of Acceptable
Page 16
Waste to be removed from the premises, or if any customer improperly places debris or bulky items
for collection, Contractor may refrain from collecting all or a portion of such Acceptable Waste and
shall notify the City and the customer that the Acceptable Waste has not been removed from his
premises on the scheduled collection day and where no notice of non -collection or a change in
collection schedule has been received from Contractor, the City may investigate. If the City
determines that Contractor has failed to collect Acceptable Waste from the premises without cause,
Contractor shall collect same within 24 hours after a collection order is issued by the City.
g) Employees of Contractor shall not be required to expose themselves to dangerous or
vicious animals in order to accomplish waste collection in any case where the owner or tenants have
animals at large, but Contractor shall immediately notify the City, in writing, of such condition and of
Contractor's inability to make collection.
h) Contractor may cancel a portion or all of a scheduled service day due to hazardous
weather conditions, and shall notify the City Manager or her designee of such cancellation as soon as
the decision to cancel service has been made.
X. Term and Review of Performance
a) The initial term of this Contract will be for five years commencing October 1, 2018 and
terminating September 30, 2023. Near the end of the five year period, the City Council will undertake
a review of the performance of the Contractor based upon performance and quality measures
outlined in Section XI of the Contract. If the City Council finds the performance of Contractor to be
acceptable, the parties may agree to renew this Agreement under the same terms and conditions for
an additional five year period, terminating September 30, 2028.
b) City and Contractor agree that any time during the terms of this Amendment, the City
may make a written request to enter into negotiations with Contractor to consider any alternative
collection model ("ACM"). An ACM is any fundamental change in waste collections services, such as
a change in the allowed residential collection containers or a change in the frequency of waste pickup
by Contractor. Once City has made such a request, City staff and Contractor agree they will promptly
enter into good faith negotiations as to the proposed ACM and any contract terms thereto. If the City
and the Contractor agree to the terms of a new waste services contract that incorporates the ACM,
the Agreement will terminate in favor of the new contract. If, however, the City and Contractor are
unable to agree to the terms of a new waste services contract, and notwithstanding anything to the
contrary, the City retains the right to terminate the Agreement. Any such termination will be effective
180 days after receipt of the written termination is received by Contractor. This termination option is
only applicable as provided in this Paragraph.
c) In the event either party desires to not extend this Contract as provided in subsection
a) above, the party desiring not to extend the Contract will notify the other party of its intent not to
renew the Contract within one hundred eighty days (180) of the expiration of the then current contract
term.
XI. Performance Measures
In evaluating Contractor's performance pursuant to Sections X(a) and (c) above, the City will
determine whether the Contractor has met the following performance measures:
Page 17
a) Customer Complaints: In accordance with Section IX(a) of this Contract, Contractor
shall not have failed to contact customers to begin the resolution process by the end of
the next business day more than six times per year, and Contractor will have resolved
customer complaints to the complainant's satisfaction within 36 hours of Contractor's
receipt of the complaint, as called for herein, except for Sundays and Holidays and
those instances where Contractor has provided the City with written documentation
showing why the complaint will take longer than 36 hours to resolve, ninety percent
90%) of the time
b) Satisfaction Survey: A Customer Satisfaction Survey ("Survey) may be performed by
the City at a time when the performance of other city services are being surveyed, at
City's expense. The question in the Survey to be asked of the customers in relation to
Contractor will be as set forth in Exhibit "D", or as otherwise agreed to by City and
Contractor. The parties agree that it is a goal to have at least 85%, excluding those
who answer "no experience," or "no comment" of the responses to the Survey will rank
Contractor as Excellent or Very Good. Nevertheless, the parties will discuss the actual
results and attempt to determine if a lower rating is acceptable to the City based on the
circumstances surrounding the Survey. The Survey must be Valid and Reliable, and
properly reflect the different categories of the City's population, including, but not limited
to, age, region of the City where respondent lives, and income levels. The Survey will
not be conducted by mail. If Contractor challenges the Survey, the City agrees to
provide all information relating to the Survey to Contractor so that Contractor can
investigate the Validity and Reliability of the Survey or whether it properly reflects the
City's population.
c) Collection of Acceptable Waste: Contractor shall not fail to collect acceptable waste
within twelve business hours after learning of the failure to collect acceptable waste
more than ten (10) times in any twelve month period.
d) Duties and Obligations: Contractor shall have substantially performed all of
Contractor's General Duties and Obligations as set forth in Article VI of this Contract.
e) Spillage: Contractor shall not have failed to pick up scattered Acceptable Waste or
spillage in accordance with Article VIII more than three times in any twelve month
period.
f) Noncompliance: Contractor shall have no events of Noncompliance as outlined in
Article XV of this Contract.
g) Timeliness of Collection. Contractor shall have received complaints alleging that
collection within 1000 feet of any residence occurred before 7:00 a.m. or after 7:00 p.m.
on no more than two occasions annually.
h) Adherence to State, Local and Federal Laws. Contract shall have no violations of and
State, Local or Federal laws, excluding traffic violations in the previous twelve (12)
months.
i) Recycling Education. Contractor will provide at least one public recycling education
session explaining the benefits of recycling.
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Q) Contractor shall submit to the City by the 15th of each month a report detailing the prior
month's performance as outlined in this Section as well as a summary of performance
for the previous 12 months. Said monthly report shall reflect Contractor's compliance
with Sections XI (a) — (h) herein.
k) Contractor shall submit to the City by the 15th of each month, a report depicting the prior
months tonnages collected for both Acceptable Waste and Recycling Materials.
XII. Contractor's Relation to City
a) Contractor as Independent Contractor: It is expressly agreed and understood that
Contractor is in all respects an independent contractor as to the work, duties and rights granted
herein, notwithstanding the fact that Contractor is bound to follow the direction of designated City
officials, and that neither Contractor nor any person performing any of the work covered under this
contract is in any respect an agent, servant, officer or employee of the City. This contract specifies
the work to be done by Contractor, but the method to be employed to accomplish this work shall be
the exclusive responsibility of Contractor, and under Contractor's exclusive control and right of
control. The doctrine of respondent superior shall not apply between the City and Contractor, or any
of Contractor's agents, servants, employees or subcontractor's and nothing herein shall be construed
as creating a partnership or joint enterprise between the City and Contractor.
b) Subletting Contract: This contract, or any portion thereof, shall not be sublet or
assigned except with the prior written consent of the City Council of the City. No such consent will be
construed as making the City a party to such subcontract or assignment, or as subjecting the City to
liability of any kind to any subcontractor or assignee. No subcontractor or assignee shall, under any
circumstances, relieve Contractor of his liability and obligation under this contract, and despite any
such subletting or assignment, the City shall deal through Contractor unless otherwise agreed by the
City. Any subcontractor and assignees will be dealt with as workers and representatives of
Contractor, and as such shall be subject to the same requirements as to character and competence
as are other employees of Contractor.
c) Inspection of Performance: The City Manager may inspect Contractor's operations,
equipment and performance at any reasonable time and Contractor shall furnish the City Manager
with every reasonable opportunity to inspect Contractor's operations or equipment or for otherwise
ascertaining whether or not the work is being performed in accordance with the requirements of this
contract.
XIII. Indemnification
Indemnification: Contractor covenants and agrees to fully indemnify, hold harmless and
defend the City, its officers, agents, servants and employees from and against any and all claims,
demands, suits, judgments, costs and expenses (including attorney's fees) for property damage or
loss, and/or personal injury, including death, to any and all persons, of whatsoever kind or character,
whether real or asserted, arising out of or in connection with the performance, attempted performance
or non-performance of the work and services described hereunder including operations of
subcontractors, if any, and the acts or omissions of employees or agents of Contractor, or in any way
resulting from or arising out of the collection, transportation or disposal of Solid Waste under this
contract, save and except for the loss or injury due to City's negligence or willful acts or omissions
without, however, waiving any governmental immunity available to City under Texas law and without
waiving any defense of City or Contractor under Texas Law.
Page 19
The insurance coverage specified below constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability or responsibility of Contractor under the terms
of this contract.
XIV. Insurance
The Contractor shall obtain and maintain in full force and effect for the duration of this Contract
and any extension hereof, at the Contractor's sole expense, insurance coverage written by
companies approved by the State of Texas, with an A.M. Best rating of A -VIII or higher, and
acceptable to the City in the following types and amounts: Any of the insurance coverage required
herein may in part, or in whole, come from self-funded, ERISA, or self-insurance plans:
d) Certificates of Insurance: Upon execution of this Agreement, and annually thereafter,
Contractor agrees to provide certificates of insurance evidencing that Contractor has obtained
insurance of the type and in the amount required herein. Contractor further agrees to provide thirty
30) days' notice to the City for cancellation, non -renewal, or material change in coverage and ten
10) days' notice for cancellation, non -renewal or material change in workers' compensation
coverage. In the event of such notice, Contractor agrees to promptly provide Certificates of
Insurance evidencing that the Contractor has obtained insurance of the type and in the amount
required herein.
e) Additional Policy Endorsements: The City shall be entitled, upon request, and
without expense, to receive copies of endorsements to the policies. The City may review the Policy
limits every three years, and at such times the Policy limits may be reasonably adjusted, provided
Page 20
TYPE AMOUNT
a) Worker's Compensation or Statutory
statutory equivalent and 100,000/500,000/100,000
Em to er's Liability
2,000,000 per occurrence or its
d) Certificates of Insurance: Upon execution of this Agreement, and annually thereafter,
Contractor agrees to provide certificates of insurance evidencing that Contractor has obtained
insurance of the type and in the amount required herein. Contractor further agrees to provide thirty
30) days' notice to the City for cancellation, non -renewal, or material change in coverage and ten
10) days' notice for cancellation, non -renewal or material change in workers' compensation
coverage. In the event of such notice, Contractor agrees to promptly provide Certificates of
Insurance evidencing that the Contractor has obtained insurance of the type and in the amount
required herein.
e) Additional Policy Endorsements: The City shall be entitled, upon request, and
without expense, to receive copies of endorsements to the policies. The City may review the Policy
limits every three years, and at such times the Policy limits may be reasonably adjusted, provided
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TYPE AMOUNT
b) Commercial General (Public) Combined single limit for bodily injury and
Liability insurance including property damage in the amount of
coverage for the following: 2,000,000 per occurrence or its
a. Premises Operations equivalent.
b. Independent Contractors
c. Products/Completed
Operations
d. Personal Injury
e. Advertising Injury
f. Contractual Liability
d) Certificates of Insurance: Upon execution of this Agreement, and annually thereafter,
Contractor agrees to provide certificates of insurance evidencing that Contractor has obtained
insurance of the type and in the amount required herein. Contractor further agrees to provide thirty
30) days' notice to the City for cancellation, non -renewal, or material change in coverage and ten
10) days' notice for cancellation, non -renewal or material change in workers' compensation
coverage. In the event of such notice, Contractor agrees to promptly provide Certificates of
Insurance evidencing that the Contractor has obtained insurance of the type and in the amount
required herein.
e) Additional Policy Endorsements: The City shall be entitled, upon request, and
without expense, to receive copies of endorsements to the policies. The City may review the Policy
limits every three years, and at such times the Policy limits may be reasonably adjusted, provided
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TYPE AMOUNT
c) Comprehensive Automobile Combined single limit for bodily injury and
insurance, including coverage for property damage in the amount of
loading and unloading hazards, 5,000,000 per accident or its equivalent.
for:
a. Owned/Leased Vehicles
b. Non -owned Vehicles
c. Hired Vehicles
d) Certificates of Insurance: Upon execution of this Agreement, and annually thereafter,
Contractor agrees to provide certificates of insurance evidencing that Contractor has obtained
insurance of the type and in the amount required herein. Contractor further agrees to provide thirty
30) days' notice to the City for cancellation, non -renewal, or material change in coverage and ten
10) days' notice for cancellation, non -renewal or material change in workers' compensation
coverage. In the event of such notice, Contractor agrees to promptly provide Certificates of
Insurance evidencing that the Contractor has obtained insurance of the type and in the amount
required herein.
e) Additional Policy Endorsements: The City shall be entitled, upon request, and
without expense, to receive copies of endorsements to the policies. The City may review the Policy
limits every three years, and at such times the Policy limits may be reasonably adjusted, provided
Page 20
such adjusted limits are available, and any additional premium cost may be passed through to
customers if approved by the City in accordance with Section V(b). Upon such request by the City,
the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and
shall pay the cost thereof.
f) Required Provisions: The Contractor agrees that with respect to the above required
insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on
the certificate or its attachment, the following required provisions:
1) Name the City of Southlake and its officers, employees, and elected
representatives as additional insured, (as the interest of each insured may appear) as to
all applicable coverage;
2) Provide for thirty (30) days' notice to the City for cancellation for general & auto liability
policies;
3) The Contractor agrees to waive subrogation against the City and its officers,
employees, and elected representatives for injuries including: death, property damage, or any
other loss to the extent same may be covered by the proceeds of insurance except for cases
involving the sole negligence of the City;
4) Provide that all provisions of this Contract concerning liability, duty, and standard of
care, together with the indemnification provision, shall be underwritten by contractual liability
sufficient to include such obligations within applicable policies;
5) For coverages that are only available with claims made policies, the required period of
coverage will be determined by the following formula: Continuous coverage for the life of the
Contract, plus one (1) year (to provide coverage for the warranty period), and an extended
discovery period for a minimum of three (3) years which shall begin at the end of the warranty
period; and
g) Notices: The Contractor shall notify the City in the event of any material change in
coverage and shall give such notices in writing no less than thirty (30) days prior to the change. The
notice must be accompanied by a replacement Certificate of Insurance.
XV. Noncompliance
In the event Contractor shall fail to perform any of the material provisions (a "Material Breach)
of this Contract, City shall promptly notify Contractor of its noncompliance, stating with particularity
the facts relating thereto. Thereafter, if the Material Breach is not corrected or if agreed upon steps
are not taken to improve and/or otherwise comply with the terms of this Contract within a period of
time which is reasonable in relation to the nature of the event of noncompliance but in no case more
than ten (10) days(hereafter the "Contractor Cure Period") the Material Brach shall constitute an act
of noncompliance. For each such Material Breach, City may deduct from the consideration to be paid
Contractor the sum of Five Thousand and No/100 Dollars ($5000.00) per day for each day such
Material Breach shall continue following the Cure Period ("Liquidated Damages"). This remedy is
hereby expressly made cumulative of other remedies available to City, at law or in equity, for the
breach of this Contract. Notwithstanding anything stated in this Article XV to the contrary, a Material
Breach shall represent all breaches for a material breach of a given section per day. For instance, if
Contractor were unable to service a material number of pickups for a given period, (e.g., three days)
the Liquidated Damages amount shall be the total damages per day paid in connection with that
Page 21
Material Breach (not per each account that Contractor did not service.) Total Liquidated Damages for
that Material Breach for the three (3) day period would the Liquidated Damages times three (3).
XVII. Termination
If at any time Contractor shall fail to substantially perform terms, covenants, or conditions herein set
forth, City shall notify Contractor by certified mail addressed to the Contractor at the address set forth
herein of specific reasons in support of City's claim that Contractor has breached the terms and
provisions of the Contract. Contractor shall be allowed ten (10) days from the date of receipt of notice
to remedy any failure to perform and provide written documentation of such remedy. Should the
Contractor fail to remedy issues related to the breach of said Contract conditions, then a hearing shall
be held by the City. Should City deem failures to be corrected, no hearing shall be held.
A notice shall be sent to Contractor no later than five (5) days before a hearing is scheduled. The
notice shall specify the time and place of the hearing, and shall include the specific reasons in
support of City's claim that Contractor has breached the terms and provisions of the Contract.
Contractor shall be allowed to be present, and shall be given the full opportunity to present its
reasons why the Contract should not be terminated and answer such claims that are set out against
said Contractor. If the City Council makes a finding that the said Contractor substantially failed to
perform its duties as specified in the Contract, the City Council may terminate the Contract. If the
City Council so terminates the Contract, nothing herein waives Contractor's ability to claim or assert
that the City's termination was wrongful and/or a breach of this Contract in a court of law. Further,
Contractor reserves the right to disagree with the findings of the City Council.
Nothing herein waives or impairs Contractor's rights to terminate the Contract pursuant to law upon a
material breach by the City. Provided, however, Contractor shall notify City by certified mail
addressed to the City at the address set forth herein of specific reasons in support of Contractor's
claim that City has breached the terms and provisions of this Contract. City shall be allowed ten (10)
days from the date of receipt of notice to remedy any alleged breach. Should the City fail to remedy
issues related to the alleged breach of said Contract conditions, then Contractor may terminate.
Nothing herein waives City's ability to claim or assert that Contractor's termination was wrongful
and/or a breach of this Contract.
XVIII. Miscellaneous
a) Compliance with laws. Contractor hereby agrees to comply with all applicable federal,
state, and local laws including the Fair Labor Standards Act, and rules, regulations orders and
decrees of the Texas Department of Health, the Texas Natural Resource Conservation Commission,
and the United States Environmental Protection Agency or their successors. Contractor shall
indemnify and hold harmless the City, its officers, representatives, agents, and employees against
any claim or liability arising from or based on the violation of any such laws, regulations, ordinances,
orders, or decrees, whether such violation was by Contractor, its agents or employees, or any
subcontractor or assignee. Contractor shall not be required to collect or dispose of any oil, sludge,
fecal material or any radioactive, pathological, toxic, acidic or volatile material, or other hazardous
waste or improper waste from any commercial or residential customer. Should Contractor elect to
dispose of such materials, Contractor shall receive a fee or charge mutually acceptable to Contractor
and to the party requesting disposal of such materials. Should Contractor elect to dispose of such
materials, Contractor shall take such steps and precautions as are required by the applicable laws
Page 22
governing disposal of such material and shall indemnify the City from any liability arising from such
disposal.
Contractor shall at all times observe all City ordinances controlling or limiting those engaged in
performing work under this contract; provided, however, that nothing contained in any ordinance now
in effect or hereafter adopted pertaining to the collection of Acceptable Waste or other trash shall in
any way be construed to affect, change or modify or otherwise alter the duties, responsibilities and
operation of Contractor in the performance of the terms of this contract. It is the intention hereof that
Contractor be required to perform the terms of this contract regardless of the effect of interpretation of
any municipal ordinance which in any way relates to Acceptable Waste or other trash.
b) Multiple Originals: This contract is executed in multiple originals, each of which shall
be deemed for all purposes to be an original, and all of which are identical.
c) Paragraph Headings: The paragraph headings contained herein are for convenience
in reference and are not intended to define or limit the scope of any provision of this contract.
d) Successors and Assigns: All of the terms, covenants, and agreements contained
herein shall be binding upon and shall inure to the benefit of successors and assigns of the respective
parties hereto.
e) Notices: Notices by either party to the other party shall be sufficient if sent by certified
mail, postage paid, return receipt required, addressed to the other party at the addresses designated
below each party's signature hereunder.
f) Venue and Choice of Law: The parties acknowledge that this Contract is fully
performable in Tarrant and Denton Counties. Should any action, whether real or asserted, at law or
in equity, arise out of terms and conditions of this contract, venue for said action shall be in Tarrant
County, Texas and this Contract shall be construed under the substantive laws of the State of Texas
excluding its choice of law provisions.
g) Governmental Powers: It is understood and agreed that by execution of this contract,
the City does not waive or surrender any of its governmental powers.
h) Taxes: Contractor shall pay all federal, state and local taxes including sales tax, social
security, worker's compensation, unemployment insurance and any and all other required taxes
which may be chargeable against Contractor for its labor, material, equipment, real estate and any
other items necessary to and in performance of this contract.
i) Licenses, Permits, and Fees: Contractor agrees to obtain and pay for all licenses,
permits, certificates, inspections and all other fees required by law or otherwise necessary to perform
the services prescribed hereunder. Contractor shall also pay, at Contractor's own expense, all
disposal fees associated with the collection, removal and disposal of Acceptable Waste.
Q) Sovereign Immunity: Nothing contained within this Contract, including but not limited
to Section X(b) herein, shall be deemed a waiver of City's sovereign immunity.
k) Performance Bond: Contractor agrees that upon the execution of this Contract and
before beginning work, it shall make, execute and deliver to the City a good and sufficient surety bond
in a form furnished by the City, to secure the faithful performance of the terms and conditions herein.
Such bond shall be in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00), and
Page 23
signed by the president or general officer of Contractor, together with the signature of the corporate
secretary and the corporate seal. The surety shall be a surety company duly authorized to do
business in the State of Texas, and approved by the City.
1) Promotional and Public Relations Activities: The Contractor shall invest Six
Thousand Dollars ($6,000.00) annually for Solid Waste and recycling marketing materials for
residential and commercial purposes. The scope and subject of these marketing materials should be
mutually decided by City and Contractor at the beginning of City's fiscal year (October 1). Such
payment by Contractor shall be submitted to the City by June 1 st each year. These amounts will cover
design, printing, and distribution of said materials. All marketing materials must be approved by the
City. Contractor further agrees to select various ways to participate in the Southlake community in a
philanthropic manner.
m) Construction: The parties acknowledge that they are each represented by counsel
and have had sufficient opportunity to review this Contract. Therefore, the parties agree that nothing
in this Contract will be construed against the drafter.
n) City Emergency Contact: The City agrees to provide Contractor with the name and
phone number of the employee Contractor should contact after hours should an emergency arise.
o) City Enforcement: To the extent authorized by law, City agrees to use its best efforts
to ensure that Commercial and Industrial customers utilize Contractor's services.
p) Additional Provisions: If taxes or fees are imposed upon Contractor after the date of
this Agreement by a governmental entity or agency directly attributable to Contractor's handling or
disposition of Acceptable Waste or other waste materials as required by this Agreement, then
Contractor may request to recover those additional taxes or fees during the term of this Contract in
accordance with Section V(b) herein.
q) If, after the date of this Agreement, additional regulations by a governmental entity or
agency result in extra costs to Contractor in providing the services required herein, the Contractor
may be entitled to recover those costs during the term of this Contract in accordance with Section
V(b) herein.
IN WITNESS HEREOF, the contracting parties, by our duly authorized agents, hereby affix our
signatures and seals on this 401 day of 2018.
Republic Waste Services of Texas, Ltd.
1212 Harrison Ave.
Arlington, Texas 76011
By:
Name:1M
Title: t2G,4. -pSlt>C
City of Southlake, Texas
1400 Main Street
Suite 460
Page 24
Southlake, Texas 76092
By:_
Name:
Title:
M®ES, MCITYG
Page 25
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally
fq. K i , who being by me duly sworn upon his oath deposed and said that he
is the or of 5O0'kIQKAL-, ; that he is authorized to make
this affidavit on t4half of bLA" IC, that he has read the above and foregoing
Contract, and that every material statement contained herein is true and correct, to the best of his
knowledge and belief.
SUBSCRIBED AND SWORN TO BEFORE ME this Ht day of , X8-2b1a,
TARY PUBLIC, in and for the
State of Texas
Amy Shelley
677INotaryNotary PublicStateofTexasyComm. Exp. 12/02/19
ID# 12476110-5
Page 27
STATE OF TEXAS §
COUNTY OF i §
BEFE ME, the undersigned Notary
AM( L' U Q who Tgby me dul s
is the i oU t`
this affidavit on behalf of iv'
Contract, and that every mat ial statement contained
knowledge and belief.
Public, on this day personally
orn upon his oath deposed and said that he
that he is authorized to make
that he has read the above and foregoing
herein is true and correct, to the best of his
C
JSUBSCRIBEDANDSWORNTOBEFOREMEthis day of vo 2013.
NOT Y PUBLIC, in and for the
State of Texas
ifZZ". 0
r!
f
Oof
ii ,;XPIREg .'
Oti
wiO
f
t
Rc
DAER g,O`«
Page 27
EXHIBIT "A"
RATE SHEET
Contract For Residential and Commercial Solid Waste and Recycling Collection
Between
The City of Southlake and Republic Waste Services of Texas, Ltd.
Excluding Fuel Surcharge (To be assessed based on Fuel Surcharge - Exhibit F)
Effective October 1, 2018
RESIDENTIAL RATES
Residential Curbside - 2 times per week $10.05
Residential Cart Recycling -1 time per week $ 4.70
Total Residential $14.75
Additional Recycle Cart $ 1.12 per month each
Commercial Hand Load - 2 times per week $ 26.93 (4 bag limit per collection)
Commercial Recycle Cart Collection $ 5.38 first cart
Additional recycle carts $ 2.14 each additional cart
Replacement of cart lid $ 11.21
Replacement of cart wheel(s) $ 11.21
Replacement of cart $ 56.09
Charges for excessive occurrences as determined by Contractor and the City.
Loose Brush or Bulk P/U (Excess) $127.11 per hour (30 minute minimum)
COMMERCIAL FRONT LOAD RATES
Freauencv of Collection
Size 1x
week
2x
week
3x
week
4x
week
5x
week
6x
week
7x week Extra
2 YD 72.47 114.71 156.94 199.22 239.44 281.72 N/A 36.21
3 YD 90.53 150.93 213.29 273.66 336.06 396.43 512.03 44.27
4 YD 110.66 183.12 258.47 330.02 404.49 476.93 616.03 52.31
6 YD 1$169.03 245.50 342.06 440.69 1 $539.31 635.89 863.36 60.37
YD 191.18 313.93 436.68 557.41 680.17 802.90 1,037.09 70.448
6 YD
Rec c
75.00 136.38 174.30 278.10 N/A N/A N/A 33.09
8 YD
Rec c
88.63 152.74 211.38 279.55 364.92 456.15 N/A 44.16
Miscellaneous Commercial Front Load Charges
Containers with casters $16.86 per month
Locks or gates $ 1.63 per lift
Roll out cont. with casters $28.46 per month
Locking bar charge $106.75 (installation) $7.07 (monthly fee)
Page 28
Obstruction charge/Return trip
Delivery Fee
Additional Yardage Fee
Burned Container Fees
2 YD $ 59.21
4 YD $ 78.46
8 YD $111.04
COMMERCIAL ROLL OFF RATES
22.20 per trip
53.75 per container
13.75
3 YD $ 68.11
6 YD $ 93.26
SIZE TYPE DELIVERY
RENTAL
PER DAY
RATE PER
HAUL
DEPOSIT
20 YD OPEN 125.01 5.65 451.47 672.60
30 YD OPEN 125.01 5.65 495.88 720.00
40 YD OPEN 125.01 5.65 584.68 817.00
28 YD PACKER NEGO NEGO 629.09 NEGO
30 YD PACKER NEGO NEGO 629.09 NEGO
35 YD PACKER NEGO NEGO 666.10 NEGO
40 YD PACKER NEGO NEGO 666.10 NEGO
42 YD PACKER NEGO NEGO 666.10 NEGO
Miscellaneous Roll Off Charges
Trip/Dry Run Charge $88.47
Relocate Fee $53.75
Burned Container Fee
20 YD 192.42
30 YD 207.25
40 YD 273.86
Packer 370.07
Late and reinstatement fees for commercial and roll of customers.
Late Fees - The greater of $15.00 or 1.5% of customers monthly invoice.
Reinstatement Fee - $35.00 per occurrence for customers who had their service discontinued for
non-payment.
Page 29
EXHIBIT "B"
MISCELLANEOUS RATE SHEET
ARLINGTON LANDFILL, 800 Mosier Valley Road, Arlington, TX
Leased and Operated by Republic Waste Services of Texas, Ltd.)
GATE RATE SCHEDULE
Effective October 1, 2018)
Trish Cisposai
Vehicle Size Southlake Residents
Must Show Proof of Residence,
Valid Driver's License Required
Automobiles, Station Wagons, Pickups (with no sideboards) $15/each
Pickups or Automobiles with Trailers attached, Less Than 8 $15 for p/u load and $15 for
Feet in Length (with no sideboards on pick-up or trailer) trailer load
Pickup and Trailers, Less Than 8 Feet in Length with After
Market Sideboards Attached to Truck or Trailer $45/ton $70 Minimum
Pickups or Automobiles with Trailers Attached, Greater
Than 8 Feet in Length $45/ton $70 Minimum
Semi -trailers, Dump Trucks and Trucks Larger Than
Pickups $45/ton $70 Minimum
Special item QispnsaEl
Tarp Charge for Improperly Tarped Vehicles - State
Reaulation $15/Vehicle
Automobile / Pickup Tires (NO Rims 11/each -Limit of 4
Large Truck Tires (NO Rims) $20/each -Limit of 4
Large Tires with Rims Not Accepted
Agricultural Tires (NO Rims) $175/each -Limit of 2
Livestock $15/each
Page 30
Clean Dirt No Cha
Special Handling Charge (rootballs, etc.) $65 per load
Brush Processing
Grass & Leaves only (Customer to de -bag on site) No Charge
Southlake Residents 20 Minimum
THE FOLLOWING WASTES ARE PROHIBITED FROM DISPOSAL AT ARLINGTON LANDFILL:
Lead Acid Batteries, Used Oil Filters, Tires, Liquids, Pesticides, CFC, PCB, Regulated
Hazardous Waste
Note: Disposal rates set forth above apply to Southlake residential customers only, schedule
is not applicable for commercial contractors.
Page 31
EXHIBIT "C"
PERFORMANCE BOND
CONTINUATION CERTIFICATE
The Federal Insurance Company (hereinafter called the Surety)
hereby continues in force its Bond No. in the sum of
Two Hundred Fifty Thousand Dollars and 00/104 ($250.000.00) Dollars, on
behalf of Republic Waste Services of Texas. Ott.
in favor of City of Southlake
subject to all the conditions and terms thereof through September 30. 2018 at location
of risk
This Continuation is executed upon the express condition that the Surety's
liability shall not be cumulative and shall be limited at all times by the amount of the
penalty stated in the bond.
IN WITNESS WHEREOF, the Surety has caused this instrument to be signed by
its duly authorized Attorney -in -Fact and its corporate seal to be hereto affixed this
day of Janua , 2018.
Federal Insurance Company
Surety
By:
Debbie Lindstrom Attorney-in•Fact
Page 32
EXHIBIT "C'
PERFORMANCE BOND
cHUBe
Power of Attorney
Federal insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Roper AB by Tbm PnpeR4. Thu FEDERAL IMIRMANCE COMPANY, an Indiana corporadar, VIGILANT INSURANCE COMPANY, a New York mrpormon. and PACIFIC
UMCM irIY ODMPANY. a Wscwum c'orporat ist. Clinch hereby coroffiute andaptic m Scott C. Alderman, Timothy S. Buhite, John Drummey. Jr., Peggy A. Firth,
Brandi Hembaugh, Debbie Lindstrom, Kathleen M. Mitchell and Jamie Stroh of Seattle, Washington ---------------------------------------------
h as their true.tad U.11-11 Attorney in -Fitt to execute tinder, such designation In their names and to affix their corporate MIS to and de;rver for and on their behalf as sorcry
thereon or otherwise. Minds and undooddrRs and otter writing, obl',Rao y in the nature thereof (other than ball hoods) given or executed in it* courxe of business, and any
I sonsmenn Anehil ngw altering the same, and cmurms to the modification or alteration of any imtmment referred to In said bonds orobLgatims.
In WRaM TYher"IE said FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC DMEMNnY COMPANY have each executed and anested these
presenu and affhed their corporate aeafs on the IP day of", 2017,
M/sec--l^cl- &jja 1.
loom 11 Chkxya: acea:ml SccnYar) ;"III" At ILutc). Sb:c P"'itivro
STATE. OF NEWJERSF.Y
CountyofHunterton SS
On this Ila day of May, 2017 before me. a Notary PuW!C of New Jersey, pe—naW came Imam, M. Chhros, to me known to be Asions n Se'may a FEDERAI. Rs'AIRANCE
COMPANY, VIGIL&NT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the mmitantes which executed the foregoi g Power of Artomey, and the said Dawn M.
Chlo os, being by me duly sworn did depose and say that she is AssiMani Wterary or FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE UJMPANY, and PACIFIC
IYD&MNITY COMPANY and knower the corporate scats thereof, that the seas affixed to the Imegobg Power of Attorney are such rorpsware seals and were Nemo affixed by
awhotYy. said Compardes: and that she sWW said Power of Attorney as Assistant Secretary, . caul Companies by like authority, and that she is actluanted with Stephen M.
Haney, and knows him to be Vke President of said Companies; and that the siguam2 of Stephen M. HaeY, stheC ri ed to said Power. Atomey Is to the genuine handwriting of
Stephen M. Hassey. and was thereon subscribed by authority of said Companies and in deptment's presence.
Nmadal Seal NA71RMNea Ao6eadt /
a,K."_
MOTAMFt1YaCn/ffaY/JlgCY
N. atawa
FN ewowubneavneap te,ame wwyeunur
CERTIFICA770N
Resolutions adopted by the Boards of Itrectors.FEOUAL INSI,JRANCE COMPANY. VIGILANT LNSURANCF. COMPANY, and PACIFIC INt)FAsrIY COMPANY on August 3o. 20w.
RFSr3LYER dwr dM InBnrarg au:burlati to rr11h to da, e—.6r and mttxb xfof rhe Conspim, of Mndt wrdelriLmr. rmophamm mmraas and ober wrinen coin omnsoos of du Con;w"
served Innin it. dnay mak. e.6osawss (Ib. "wri sen Commetm mal
1) Exb of the Chwmap0. IhtP—liton am rbc vra presiders M INIUmsanYeth—nil audumuwt roes. xm Weltten C:cmmument rot and on hehalloflse rnmpan.. under the
oralcart a company caroth—vie.
Cit Each ikrb appoaed axrery knctt. the Conparry n hereby authored to exenae any Wrhtm Caawubgmr for and on behat of the fnmpanr. under to, seal a• rhe Cojmoy or
oaherwte, m tN tAtrnt thrtwxh anon b atxhonxM by the yarn W puwxn proWded for b.rurh perzon't atmm apparknen' a sut'h minyan -het.
A Exch a the Chat—. budePteera ate cane Rio,Hevdetm of the Camparyihrreby authabed. bNandon beh.Infihe siutpsuny, taappnmt n rnitbq any Mr. it. anomer.
sow of ted Clunpmy with Rill Power and amhamym exeaxe. row and cam bedax bfthe Company. under the real of de Company or aherwu., ash Wdnen rmrmimmraIII in,
CoapRAY to may be meolled in —t wdttm appnhmcen. Main sip xssh : ore ivy be by general lype or dais of Wien Cmmrkn. is or by aMdk-io of ate or marc pankdaz
wn—coir.. r.
Ii: Esta of d.O.Iman, the Roskden aM the Vis Pr.W- of%ICompanY is hereby su'lwdsd. for and on belalfof de C—MY, w detepo, In to myothes WE—of the
ConW ray ale wdxrmy m exaue, brand at behalf of :he C -4-M, bink, the enmpanyi —1 to dt-wte. Rich AV, IN,. lnmmi — of the company Asan v ldfitdln .such
wmten dekgabmr, whkh Vanaladon may be by rtrreA met or r6ss of ivonso CanWryveas w by kp 01imon office in mon pa locular wrnen C,-.hmens.
is) The #A—ofmY ofion m obi Perron executing any Wdaen Lommhrnnnm aPgRinrmoaa ddgpwo pVnrunr —N5 Re kxsort ud the seal of de CmnpanY, may be ached by
Isaxrilr- Rah Writtm Corpnrmneu or wtmm appon—or dekaatbn.
FURTURR RJSOLVED that it, huteash, Isnobana shag on, W deemed nine anelow-natemmo of de Pons Md awhortry etonken. employes and othef Pons loan tar and on behalf.(
be(Ymgwny. and aucb Rnolwun ahaL• nm Wnnormbertwbeageathe earrcbx nfmy s.sin powmm awbodry otMrwte .amyrars«f m.cua.-
L Daum M. C hlmos, Asslscam Swrebay Of M)FRAL iNSLTU,YCE COMPANY. VIGILANT INSURANCE (S3MPANY, and PACIFIC 1NDEMNrfY COMPANY (the -Companies") do hereby
certify that
IJ the foregoing Resuluticsu adopted by the inard of Directors of the Computes are true. correct and to hill force and ehen.
II) fire Computes are duly l'u reed and authorized tip transact surety btainess in .1150 of the Unhh,d Stares. America and the no"" of Colombo, and are
atphofzM by the US. Treaway Departments: further, Federal aid Vgliant are Ih-Ised in the US. Virgin Islands, and Federal is lceim d ba Guam, Puerto Rico.
and each.rhe P,--- ofCmad i—pt Prince Edward Island and
OB) the"Itiug Power of Attorney 6 IM correct and In bill force mid effect.
r r Givers unde my hand aid seals .said Companies at whkels—Station. U. this ko-Iii, an.a syT 'S,gyyVOas. pY stlj.
Th. aw 3r. ihhnn_ AvtG .nnl 4cncu}"
IN 971E EVENT Y0U VAR[ TO NOTIFY IS OF A CLAW, VFRafY THE AUn HWHQfY UP THIS pXrO OR NOWY IS CF ata' ca"LA MATTER PLIASE CONTACT US AT.
Tektitm90H10103 3497 Fa,>(9001 YQ: 3G55 ebur. aureryarhwMimm
Fain 15'0 n2258 -U GFN CONSENt 1 -12 -sit)
EXHBIT I'D"
SURVEY QUESTION
Page 33
The following question will be used in the Citizen's Survey regarding Trash and Recycling Collection
Services:
How would you rate garbage and recycling collection provided by the City's trash and recycling
contractor, Republic Services, in the past 12 months? (Excellent, Very Good, Good, Fair or Poor)"
EXHIBIT "E"
RESIDENTIAL RECYCLING
Page 34
City and Contractor agree to negotiate each year, an annual adjustment to the Residential Recycle Rate based on the
provisions set forth in this Exhibit.
Definitions
a. Annual Recycle Audit — means a process by which, Contractor will annually conduct an audit of loads
received from the City at Contractor's Materials Recovery Facility (MRF) over a period of one week.
Contractor will take a portion of a load from each route on each collection day of the week, separate and
weigh each Material Type to produce the percentage of each Material Type contained in the delivered
materials. Republic will produce a weighted average of each Material Type from all samples collected, to
include in its annual reporting requirements as later described in this Exhibit.
b. Commodity Value- means the average amount Contractor receives per 12 -month period on the sale of
Contractor Materials processed at the facility receiving the City's Recyclable Material.
c. Material Type - means the various types of materials contained in the residential recycle stream collected
from the Residential Units located in the City, including, but not limited to; Old Corrugated Cartons ("OCC"),
Mixed paper products, plastic containers, glass bottles and jars, steel and tin cans, aluminum cans, aseptic
packaging (wax coated milk and juice cartons), non-recyclables, non -marketable materials and residual
materials that are unable to be sorted and captured for resale.
d. Net Processing Rate — means the Commodity Value minus the Processing Rate.
e. Initial Net Processing Rate — means the Commodity Value minus the Processing Rate as of the effective date
of this agreement, or the effective date of any renewal terms.
f. Processing Rate — means the current rate Contractor's MRF charges to process Recyclable Materials.
g. Residential Recycle Rate — The total rate to be charged to City by Contractor for residential recycling
collection and processing, which includes the Collection Component and the Processing Component.
II. Calculation of the Net Processing Rate — For the purposes of this Agreement, the base value of the Processing
Rate is $80 per ton, and the Commodity Value is $46.98 per ton, resulting in a base Net Processing Rate of
33.02) per ton.
III. Residential Recycle Rate — The rate established herein for residential recycling shall be based on two separate
components that collectively comprise the Residential Recycle Rate; a) the collection and hauling rate
Collection Component") and, b) the recycling processing and commodity sales component ("Processing
Component"). The calculation for determining the base amount for the Collection Component and the Processing
Component shall be as follows:
Residential Recycle Rate effective October 1, 2018 -
Annual tons of residential recycle materials collected -
Net Processing Rate
Net annual processing cost
Monthly Cost
Number of Homes
Monthly Processing Component per home
Monthly Collection Component per home
Total Residential Recycle Rate
4.70
3,624 (Aug -2017 through July -2018)
33.02)
119,664)
9,972)
9,401
1.06
3.64
4.70
IV. Annual Residential Recycle Rate Adjustment. — On each anniversary of the Effective Date of this Agreement,
Contractor will be allowed to adjust the Collection Component of the Residential Recycle Rate by the Increase
Percentage as detailed in Section V., subsection (b).
Contractor shall also evaluate the Processing Component of the Residential Recycle Rate based on any changes
in Commodity Value and Processing Rates. The Contractor shall submit the adjusted Processing Component and
the calculation used to determine the Net Processing Rate and Processing Component, to the City in conjunction
with the Annual Rate Adjustment The Net Processing Rate over the most recent twelve month period shall be
compared to the last identified Net Processing Rate to determine the change in the Processing Component
Page 35
V
VI.
VII
portion of the Residential Recycle Rate, if any. Contractor shall provide the City a report on a monthly basis
detailing the commodity value by material type and processing rate of the Contractor's processing facility for the
City's recyclable materials. This report should capture the Contractor's cost and be in an acceptable form to the
City. The calculation of the twelve month period Net Processing Charge should be based on the data reported to
the City in this report.
Initial Recycle Audit — Contractor and City agree to conduct an initial audit of the materials collected from the
City's residential curbside recycling program sometime in October of 2018, which will establish the base
percentage of Material Type's contained in the recovered materials.
Annual Recycle Audit — Contract shall conduct an audit of the Material Type's each April or May beginning in
2019 and annually thereafter throughout the initial term of the Agreement, and any renewal terms.
The calculation used to determine the Residential Recycle Rate shall be as follows
Example 1
Collection Component
Current Monthly Collection Component per home $3.64
Increase Percentage 3.0%
Increase to Monthly Collection Component $ .11
New Monthly Collection Component $3.75
Processina Component
Current Monthly Processing Component 1.06
Current Commodity Value 45.00 per ton
Current Processing Rate 82.00 per ton
Net Processing Rate - 37.00) per ton
Annual tons collected 3,700 tons
Annual Processing Cost 136,900
Monthly Processing Cost 11,408
Number Homes 9,401
New Monthly Processing Component 1.21
New Monthly Collection Component $3.75
New Monthly Processing Component $1.21
New Residential Recycle Rate $4.96
Total Increase % 5.53% (4.96-4.70)/4.70
Example 2
Collection Component
Current Monthly Collection Component per home $3.64
Increase Percentage 3.0%
Increase to Monthly Collection Component $ .1
New Monthly Collection Component $3.75
Processing Component
Current Monthly Processing Component 1.06
Current Commodity Value 50.00 per ton
Current Processing Rate 80.00 per ton
Net Processing Rate - 30.00) per ton
Annual tons collected 3,700 tons
Annual Processing Cost 111,000
Monthly Processing Cost 9,250
Number Homes 9,401
New Monthly Processing Component 98
Page 36
New Monthly Collection Component $3.75
New Monthly Processing Component
New Residential Recycle Rate
TotalIncrease %
98
4.73
0064% (4.73-4.70)/4.70
In the event the Net Processing Rate for any current year is greater than zero, Contractor agrees to share 50% of
the savings with the City through either; a monthly reduction in the Monthly Residential Recycle Rate, or a lump
sum payment to the City. The justification for the share percentage is to provide an equal partnership with the City
that incentivizes Contractor to invest in, and engage in aggressive marketing efforts for the recovered
commodities, and incentivizes the City and Contractor to engage in community educational outreach efforts to
reduce the contaminates in material stream, which could lead to lower processing costs and higher commodity
sales.
City and Contractor agree that any rate adjustments related to the Residential Recycling Rate exceeding the
maximum annual increase of 3% are subject to the terms and conditions of Section V., subsection b., the
Extraordinary Increase."
Page 37
EXHIBIT "F"
FUELSURCHAGE
Fuel Surcharge percentage shall be in addition to any rate increase as
determined by Section V - Fees and Rates, (b) Modification of Rates. The
average price per gallon for diesel fuel for the period since the previous
price adjustment and the schedule below shall be used to determine the
applicable fuel surcharge percentage. The fuel prices published by the
Department of Energy for the Gulf Coast Region shall be used to
determine the average fuel price. Beginning October 1, 2018, and every
year thereafter, the fuel surcharge percentage shall be the applicable
percentage as determined from the schedule below less any fuel surcharge
percentage which was implemented in prior year(s). See Example for how
to apply Fuel Surcharge.
Department of Energy Web site:
diesel.ashftp://tonto.eia.doe.gov/oog/info/wohd
Fuel Cost Per Gallon
Fuel
Price
Chane
Change
in Price
Fuel
Surcharge
4.00 0.00 0.0% 0.0%
4.01 0.01 0.2% 0.0%
4.02 0.02 0.5% 0.0%
4.03 0.03 0.8% 0.1%
4.04 0.04 1.0% 0.1%
4.05 0.05 1.3% 0.1%
4.06 0.06 1.5% 0.1%
4.07 0.07 1.8% 0.2%
4.08 0.08 2.0% 0.2%
4.09 0.09 2.3% 0.2%
4.10 0.10 2.5% 0.2%
4.11 0.11 2.8% 0.3%
4.12 0.12 3.0% 0.3%
4.13 0.13 3.3% 0.3%
4.14 0.14 3.5% 0.3%
4.15 0.15 3.8% 0.4%
4.16 0.16 4.0% 0.4%
4.17 0.17 4.3% 0.4%
4.18 0.18 4.5% 0.4%
4.19 0.19 4.8% 0.5%
Page 38
EXHIBIT "F"
FUELSURCHAGE
4.20 0.20 5.0% 0.5%
4.21 0.21 5.3% 0.5%
4.22 0.22 5.5% 0.5%
4.23 0.23 5.8% 0.6%
4.24 0.24 6.0% 0.6%
4.25 0.25 6.3% 0.6%
4.26 0.26 6.5% 0.7%
4.27 0.27 6.7% 0.7%
4.28 0.28 7.0% 0.7%
4.29 0.29 7.3% 0.7%
4.30 0.30 7.5% 0.8%
4.31 0.31 7.7% 0.8%
4.32 0.32 8.0% 0.8%
4.33 0.33 8.3% 0.8%
4.34 0.34 8.5% 0.9%
4.35 0.35 8.7% 0.9%
4.36 0.36 9.0% 0.9%
4.37 0.37 9.3% 0.9%
4.38 0.38 9.5% 1.0%
4.39 0.39 9.7% 1.0%
4.40 0.40 10.0% 1.0%
4.41 0.41 10.3% 1.0%
4.42 0.42 10.5% 1.1%
4.43 0.43 10.8% 1.1%
4.44 0.44 11.0% 1.1%
4.45 0.45 11.3% 1.1%
4.46 0.46 11.5% 1.2%
4.47 0.47 11.8% 1.2%
4.48 0.48 12.0% 1.2%
4.49 0.49 12.3% 1.2%
4.50 0.50 12.5% 1.3%
4.51 0.51 12.8% 1.3%
4.52 0.52 13.0% 1.3%
4.53 0.53 13.3% 1.3%
4.54 0.54 13.5% 1.4%
4.55 0.55 13.8% 1.4%
4.56 0.56 14.0% 1.4%
4.57 0.57 14.3% 1.4%
4.58 0.58 14.5% 1.5%
4.59 0.59 14.8% 1.5%
4.60 0.60 1 15.0% 1.5%
Page 39
EXHIBIT "F"
FUELSURCHAGE
4.61 0.61 15.3% 1.5%
4.62 0.62 15.5% 1.6%
4.63 0.63 15.8% 1.6%
4.64 0.64 16.0% 1.6%
4.65 0.65 16.3% 1.6%
4.66 0.66 16.5% 1.7%
4.67 0.67 16.8% 1.7%
4.68 0.68 17.0% 1.7%
4.69 0.69 17.3% 1.7%
4.70 0.70 17.5% 1.8%
4.71 0.71 17.8% 1.8%
4.72 0.72 18.0% 1.8%
4.73 0.73 18.3% 1.8%
4.74 0.74 18.5% 1.8%
4.75 0.75 18.7% 1.9%
4.76 0.76 19.0% 1.9%
4.77 0.77 19.2% 1.9%
4.78 0.78 19.5% 1.9%
4.79 0.79 19.7% 2.0%
4.80 0.80 20.0% 2.0%
4.81 0.81 20.2% 2.0%
4.82 0.82 20.5% 2.0%
4.83 0.83 20.7% 2.1%
4.84 0.84 21.0% 2.1%
4.85 0.85 21.2% 2.1%
4.86 0.86 21.5% 2.1%
4.87 0.87 21.7% 2.2%
4.88 0.88 22.0% 2.2%
4.89 0.89 22.2% 2.2%
4.90 0.90 22.5% 2.2%
4.91 0.91 22.7% 2.3%
4.92 0.92 23.0% 2.3%
4.93 0.93 23.2% 2.3%
4.94 0.94 23.5% 2.3%
4.95 0.95 23.7% 2.4%
4.96 0.96 24.0% 2.4%
4.97 0.97 24.2% 2.4%
4.98 0.98 24.5% 2.4%
4.99 0.99 24.7% 2.5%
5.00 1.00 25.0% 2.5%
5.01 1.01 25.2% 2.5%
Page 40
EXHIBIT "F"
FUELSURCHAGE
5.02 1.02 25.5% 2.5%
5.03 1.03 25.7% 2.6%
5.04 1.04 26.0% 2.6%
5.05 1.05 26.2% 2.6%
5.06 1.06 26.5% 2.6%
5.07 1.07 26.7% 2.7%
5.08 1.08 27.0% 2.7%
5.09 1.09 27.2% 2.7%
5.10 1.10 27.5% 2.7%
5.11 1.11 27.7% 2.8%
5.12 1.12 28.0% 2.8%
5.13 1.13 28.2% 2.8%
5.14 1.14 28.5% 2.8%
5.15 1.15 28.7% 2.9%
5.16 1.16 29.0% 2.9%
5.17 1.17 29.2% 2.9%
5.18 1.18 29.5% 2.9%
5.19 1.19 29.7% 3.0%
5.20 1.20 30.0% 3.0%
5.21 1.21 30.2% 3.0%
5.22 1.22 30.5% 3.0%
5.23 1.23 30.7% 3.1%
5.24 1.24 31.0% 3.1%
5.25 1.25 31.2% 3.1%
5.26 1.26 31.5% 3.1%
5.27 1.27 31.7% 3.2%
5.28 1.28 32.0% 3.2%
5.29 1.29 32.2% 3.2%
5.30 1.30 32.5% 3.2%
5.31 1.31 32.7% 3.3%
5.32 1.32 33.0% 3.3%
5.33 1.33 33.2% 3.3%
5.34 1.34 33.5% 3.3%
5.35 1.35 33.7% 3.4%
5.36 1.36 34.0% 3.4%
5.37 1.37 34.2% 3.4%
5.38 1.38 34.5% 3.4%
5.39 1.39 34.7% 3.5%
5.40 1.40 35.0% 3.5%
5.41 1.41 35.2% 3.5%
5.42 1.42 35.5% 3.5%
Page 41
EXHIBIT "F"
FUELSURCHAGE
5.43 1.43 35.7% 3.6%
5.44 1.44 36.0% 3.6%
5.45 1.45 36.2% 3.6%
5.46 1.46 36.5% 3.6%
5.47 1.47 36.7% 3.7%
5.48 1.48 37.0% 3.7%
5.49 1.49 37.2% 3.7%
5.50 1.50 37.5% 3.7%
5.51 1.51 37.7% 3.8%
5.52 1.52 38.0% 3.8%
5.53 1.53 38.2% 3.8%
5.54 1.54 38.5% 3.8%
5.55 1.55 38.7% 3.9%
5.56 1.56 39.0% 3.9%
5.57 1.57 39.2% 3.9%
5.58 1.58 39.5% 3.9%
5.59 1.59 39.7% 4.0%
5.60 1.60 40.0% 4.0%
5.61 1.61 40.2% 4.0%
5.62 1.62 40.5% 4.0%
5.63 1.63 40.7% 4.1%
5.64 1.64 41.0% 4.1%
5.65 1.65 41.2% 4.1%
5.66 1.66 41.5% 4.1 %
5.67 1.67 41.7% 4.2%
5.68 1.68 42.0% 4.2%
5.69 1.69 42.2% 4.2%
5.70 1.70 42.5% 4.2%
5.71 1.71 42.7% 4.3%
5.72 1.72 43.0% 4.3%
5.73 1.73 43.2% 4.3%
5.74 1.74 43.5% 4.3%
5.75 1.75 43.7% 4.4%
5.76 1.76 44.0% 4.4%
5.77 1.77 44.2% 4.4%
5.78 1.78 44.5% 4.4%
5.79 1.79 44.7% 4.5%
5.80 1.80 45.0% 4.5%
5.81 1.81 45.2% 4.5%
5.82 1.82 45.5% 4.5%
5.83 1.83 45.7% 4.6%
Page 42
EXHIBIT "F"
FUELSURCHAGE
5.84 1.84 46.0% 4.6%
5.85 1.85 46.2% 4.6%
5.86 1.86 46.5% 4.6%
5.87 1.87 46.7% 4.7%
5.88 1.88 47.0% 4.7%
5.89 1.89 47.2% 4.7%
5.90 1.90 47.5% 4.7%
5.91 1.91 47.7% 4.8%
5.92 1.92 48.0% 4.8%
5.93 1.93 48.2% 4.8%
5.94 1.94 48.5% 4.8%
5.95 1.95 48.7% 4.9%
5.96 1.96 49.0% 4.9%
5.97 1.97 49.2% 4.9%
5.98 1.98 49.5% 4.9%
5.99 1.99 49.7% 5.0%
6.00 2.00 50.0% 5.0%
Page 43
EXHIBIT "F"
FUEL SURCHAGE
City of Southlake
Solid Waste Services
Base % 10%
Base PPG $ 4.00
Ole of 6 cubic - ''f v k "rv1ce
Rate On October 1, 2018 152.67
CPI on Oct 1, 2019 3.00%
Fuel Surcharge % 1.00% 4.40 Avg PPG 10-01-18-10-01-19
Fuel PPG
Prior FS % Applied 0.00% 10.0% Increase
Total Rate Increase % 4.00%
New Rate Effective Oct 1 2019 158.78
Rate On October 1, 2019 158.78 157.19
CPI on Oct 1, 2020 2.75%
Fuel Surcharge % 1.00% 3.60 Avg PPG 10-01-19 - 10-01-20
Fuel PPG
Prior FS % Applied 1.00% 10.0% Increase
Total Rate Increase % 0.75%
New Rate Effective Oct 1, 2020 159.97
Rate On October 1, 2020 159.97
CPI on Oct 1, 2021 3.0%
Fuel Surcharge % 0.4% 4.15 Avg PPG 10-01-20 - 10-01-21
Fuel PPG
Prior FS % Applied 1.0% 3.8% Increase
Total Rate Increase % 4.4%
New Rate Effective Oct 1, 2021 166.97
Rate On October 1, 2021 166.97
CPI on Oct 1, 2022 3.0%
Fuel Surcharge % 1.4% 4.55 Avg PPG 10-01-21 - 10-01-22
Fuel PPG
Prior FS % Applied -0.4% 13.8% Increase
Total Rate Increase % 4.0%
New Rate Effective Oct 1, 2022 $ 173.64
Page 44
EXHIBIT "G"
HOUSEHOLD HAZARDOUS WASTE EVENT
Contractor shall provide at no cost to the City, two 20 yard bathtub style roll off containers for
the collection of latex paints at its semi-annual Household Hazardous Waste Events.
Contractor shall also provide two 8 cubic yard containers for the collection of residual trash
and recycling produced at the events.
Page 45
EXHIBIT "H"
CITY FACILITIES WITH NO CHARGE RECYCLING SERVICES
Town Hall — 1400 Main Street
Community Services — 400 N. White Chapel
Bob Jones Nature Center — 335 E. Bob Jones Road
Public Works Operations —1950 E. Continental Boulevard
Department of Public Safety West Facility — 2100 W. Southlake Boulevard
DPS Headquarters — 667 N. Carroll Boulevard
DPS North — 200 E. Dove Road
The Marq Southlake -- 285 Shady Oaks Drive
Southlake Tennis Center — 450 W. Southlake Blvd.
City facilities contained in this Exhibit may change from time to time upon agreement of the
parties.
Page 46