HomeMy WebLinkAboutAgenda CC 06.12.2007Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, June 12, 2007
The Georgetown City Council will meet on Tuesday, June 12, 2007 at 06:00:00 PM at
If you need accommodations for a disability, please notify the city in advance.
An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor,
Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council
meeting. The library's copy is available for public review.
Executive Session
Regular Session to convene and continue Executive Session, if necessary
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
A Sec.551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise
the City Council, including agenda items
-Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of
Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District
- Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS;
United States District Court, Western District of Texas
- Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and
Necessity (Application No. 35375-C) (SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR)
- Discussion of legal issues related to the "Offsite Utility Construction Cost Reimbursement Agreement for ABG Subdivision"
and the "Development Agreement Concerning the ABG Subdivision."
- Discussion of legal issues related to the "Williamson County Regional Raw Water Line Agreement" between the Brazos
River Authority, City of Georgetown, City of Round Rock, and Jonah Water Supply Corporation, and the letter dated May 7,
2007 to BRA from Chisholm Trail SUD, Brushy Creek MUD, and City of Round Rock.
- Consideration and possible action related to the pending or threatened litigation against LCRA related to the Wholesale
Power Contract.
- Consideration and possible action to retain the firm of Allensworth and Porter to develop construction contract documents for
the South San Gabriel Wastewater Interceptor project.
- Mark Shelton v. Rodney Enc Wise, Shanna Elaine Shelly, David Earl Morgan, City of Georgetown , Civil Action No.
A -07 -CA -063 -LY, in the United States District Court for the Western District of Texas Austin Division.
B Sec 551.072: Deliberations about Real Property
- Consideration and possible direction to staff regarding the acquisition of property within the Williams Drive Gateway
Redevelopment Area consistent with the adopted Williams Drive Gateway Redevelopment Master Plan.
- Consideration and possible action concerning the authorization of a proposed Pipeline License between the City of
Georgetown and Georgetown Railroad Company, Inc. ("GRR") for an underground crossing of Its railroad facilities in
connection with Project Lone Star Electric Service Project.
- Consideration and possible action concerning an offer submitted by the Texas Department of Transportation ("TXDOT") for
the purchase of a 0.156 -acre tract and a 0.135 -acre tract of land, owned by the City, in connection with TxDOT's
reconstruction of the Lakeway/I1-1-35 overpass at North Austin Avenue and Lakeway Drive.
- Consideration and possible action regarding the granting of an easement consisting of approximately 5.617 acres of land
situated in Lyndock Park for the South San Gabriel Interceptor Wastewater Line
- Consideration and possible action regarding the acquisition of an easement from IVA WOLF MCLACHLAN, BETTIE M.
WOLF, JANE WOLF ROBERTSON, JUDY WOLF HINDELANg, JAY LEON WOLF, JR., AND JAMES DAVID WOLF for the
South San Gabriel Interceptor Wastewater Line, a public use, including consideration and possible action on a Resolution
authorizing condemnation.
Regular Session - To begin no earlier than 06:00 PM
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
City Council Agenda/June 12, 2007
Page 1 of 3 Pages
C Call to Order
D Pledge of Allegiance
E Comments from the dais
- Welcome to Audience and Opening Comments
- Review of procedure for addressing the City Council
F Announcements and Comments from City Manager
G Public Wishing to Address Council
H Action from Executive Session
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
I Consideration and possible action to approve the minutes of the Council Workshop on Monday, May 21, and the
Council Meeting on Tuesday, May 22, 2007 — Sandra D. Lee, City Secretary
J Consideration and possible action to approve a professional services agreement with the American Youth
Works Environmental Corps for Pickett Trail Renovation in the amount of $35,000 — Kimberly Garrett, Parks
and Recreation Director and Randy Morrow, Director of Community Services
K Consideration and possible action for the award of the annual bid for Mosquito Spraying to A-Damron Pest of
Georgetown, Texas, in the amount of $21,250.00 -- Mark Miller, Transportation Services Manager and Jim
Briggs, Assistant City Manager for Utility Operations
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
L Consideration and possible action to re -canvass the results of the election of District 4 Councilmember Bill
Sattler and to approve a resolution amending Resolution 052207-K canvassing the results of the City of
Georgetown General Election held on May 12, 2007, to reflect a one -vote difference in the total number of votes
received in the uncontested race for Councilmember for District 4, Bill Sattler — Sandra D. Lee, City Secretary
and Patricia E. Carts, City Attorney
M Consideration and possible action to approve a professional services agreement with Halff Associates, Inc. of
Austin for the Parks, Recreation and Open Space Master Pian in the amount of $148,800 --Kimberly Garrett,
Parks and Recreation Director and Randy Morrow, Director of Community Services
N Consideration and possible action to approve the purchase of playground equipment for Berry Creek Park
from Gametime in Fort Payne, Alabama, through the Texas Loral Government Cooperative Contract in the
amount of $57,026.74 — Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of
Community Services
0 Discussion and possible action regarding the "First Amendment to the Offsite Utility Construction Cost
Reimbursement Agreement for ABG Subdivision," and the "First Amendment to the Development Agreement
Concerning the ABG Subdivision." - Tom Yantis, Assistant City Manager
P Forwarded from the Georgetown Utility System (GUS) Advisory Board
Consideration and possible action with regards to a new Sanitation Services contract between the City of
Georgetown and Texas Disposal Systems, Inc. (TDS) for solid waste and recycling services — Rachel Osgood,
Coordinator/Environmental Services and Jim Briggs, Assistant City Manager for Utility Operations
O Second Readings
1. Second Reading of an Ordinance amending the 2006/07 Operating Plan Element (budget) for adjustments
related to staffing, equipment, and capital improvements — Leticia Zavala, Controller and Micki Rundell,
Director of Finance and Administration
City Council Agenda/June 12, 2007
Page 2 of 3 Pages
2. Second Reading of an Ordinance of The City Council of The City of Georgetown, Texas Amending The
Code Of Ordinances To Amend Chapter 6.50, Section 6.50.040A(12)(b), and Section 6.50.070 Pertaining
To The Regulation Of "Itinerant Merchants" — Paul E. Brandenburg, City Manager
3. 1) Second Reading of Ordinance for an amendment to the development plan for an existing Planned Unit
Development district and 2) Consideration and Possible Action on a Public Review Final Plat for 37.041
acres in the Frederick Foy Survey, abstract 229, to be known as Sun City Georgetown, Neighborhood
Forty, located near Sun City Boulevard and the future extension of Ronald Reagan Boulevard — Jordan
Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development
4. Second Reading of an Ordinance accepting approximately 542.4 (+/-) acres of land into the Extraterritorial
Jurisdiction of the City of Georgetown, consisting of 320 tracts of land all located in the Gabriel's Overlook
Subdivision, including private streets and park facilities, which tracts are those parcels having the
identification numbers of R382473; R401875 through R402047; R402049; R402114 through R402157:
R402159 through R402225; R467839 through R467872; R472016; R472017; R472203; and R472204 —
Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development
5. Second Reading of an Ordinance of the City Council of the City Of Georgetown, Texas, accepting
approximately 434.3 (+/-) acres of land located in Williamson County, Texas into the Extraterritorial
Jurisdiction of the City of Georgetown, said land known as the "Lively Tracy' and being more particularly
described in Document No. 1990719 of the Official Records of Williamson County, Texas, and being in the
in the A.H. Porter Survey, A-490, the Greenlief Fisk Survey, A-5, and the B. Manlove Survey, A-420,
Williamson County, Texas — Tom Yantis, Assistant City Manager
6. Second Reading of an Ordinance accepting approximately 48.567 (+/.) acres of land into the
Extraterritorial Jurisdiction of the City of Georgetown, consisting two tracts of land owned by the Erik
Maund Irrevocable Trust, which tracts are those parcels having the identification number R021697 and
R090958 — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and
Development
R Public Hearings/First Readings
1. First Reading of an Ordinance establishing the classifications and number of positions (Strength of
Force) for all City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas
Local Government Code pertaining to Civil Service -- Kevin Russell, Human Resources Director
2. First Reading of an ordinance repealing and replacing Section 13.04.180 of the City Code of Ordinances
relating to "Rates and Charges—Solid Waste Disposal—Schedule" -- Rachel Osgood, Environmental
Services Coordinator and Jim Briggs, Assistant City Manager for Utilities
S Appointments
1. Consideration and possible action to appoint a Chair for the Georgetown Utility System Advisory Board
-- Mayor Gary Nelon
2. Consideration and possible action to appoint Kelsey Wright to the Georgetown Youth Advisory Board —
Mayor Gary Nelon
Certificate of Posting
I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the day of , 2007, at , and remained so posted for at
least 72 continuous hours preceding the scheduled time of said meeting.
Sandra Lee, City Secretary
City Council Agenda/June 12, 2007
Page 3 of 3 Pages
Council Meeting Date: June 12, 2007
AGENDA ITEM COVER SHEET
Item No.
SUBJECT:
Consideration and possible action for the award of the annual bid for Mosquito Spraying to
A-Damron Pest of Georgetown, Texas, in the amount of $21,250.00.
ITEM SUMMARY:
Bids were received on May 7, 2007 for a Mosquito Spraying
Contract. This is a professional services contract for a licensed
applicator to use City equipment and chemical to spray residential
neighborhoods and treat areas of standing water in ditches and
drainage ways as needed to effectively control mosquito
populations. Low bidder was A-Damron Pest, of Georgetown, Texas.
Bid was for a one year period with option to renew for two
additional one year periods.
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
Budget Line item 640-114-5303-00 Special Services
This account is for Chemical and spraying services.
GUS BOARD RECOMMENDATION:
NA
STAFF RECOMMENDATION:
Staff has worked satisfactorily with This Company in the past
and recommends the award of this bid to A-Damron Pest.
COMMENTS:
Mosquito spraying has already begun and is presently being
conducted by A-Damron Pest on last year's contract.
ATTACHMENTS:
1. Bid Sheet
2. Proposed Contract
Submitted By: Mark Miller, Jim Briggs
Transportation Services Assistant City Manger
Manager for Utility Operations
Bid 27031 - Mosquito Spraying
1 year bid with option to renew for 2 additional one yr. periods
Total Est. Hours A-Damron Pest Postmaster Total
Per Hour Rate Per Hour Rate
500 $42.50 $42.80 $21,250.00
` Low Bid - A-Damron
Allstate - no bid
J& J Pest Control - no response
Public Health & Equip - no response
WW Grainger - no response
to
go
THE STATE OF TEXAS )
CITY OF GEORGETOWN
COUNTY OF WILLIAMSON ) AGREEMENT FOR
PROFESSIONAL MOSOUI
CITY OF GEORGETOWN ) SPRAYING SERVICES
This is an agreement by and between the City of Georgetown, Texas, a Texas home -rule
municipal corporation (hereinafter "CITY") and A-Damron Pest Control whose principal office is
located in Williamson County, Texas (hereinafter "CONTRACTOR") for professional mosquito
spraying.
f 1110MMel N al 400 l Rti
The CITY agrees to employ CONTRACTOR to provide professional mosquito spraying
services for the CITY ("Services"). CONTRACTOR agrees to perform these Services in a
professional manner in compliance with applicable CITY ordinances and State and Federal laws.
2. QUALIFICATIONS OF CONTRACTOR
CONTRACTOR hereby represents and warrants that its business, as well as its applicators
and any other employee required by law, are licensed with the Texas Structural Pest Control Board
(SPCB) and with the Texas Department of State Health Services (TDSHS), and any other state or
federal agency having jurisdiction over the Services, and that all licenses required for the Services to
be performed under this Contract shall be maintained by CONTRACTOR throughout the term of this
Contract.
3. SCOPE OF SERVICES
CITY and CONTRACTOR shall consult together on the type of pesticide suitable for
performance of the Services. CONTRACTOR shall give written approval of the pesticide to be used
for the Services. CONTRACTOR shall provide licensed personnel to perform pesticide spraying
services, on a schedule to be established by the CITY. The Services shall be conducted during the
hours of 1:00 a.m. and 5:00 a.m., Tuesday through Friday, unless otherwise specified by the CITY.
The spraying shall be repeated three (3) times per week as needed to effectively control the mosquito
problem and shall check with the City's Street Superintendent at the end of each week to determine
if continued spraying is needed. The City shall provide to CONTRACTOR for use in performance
of the Services two (2) vehicles, two (2) sprayers, and the pesticides determined by CONTRACTOR
to be necessary for the Services. All other personnel, materials, and equipment required for the
Services shall be provided by CONTRACTOR.
4. PROFESSIONAL SERVICES FEES
The CITY agrees to pay CONTRACTOR FORTY TWO DOLLARS AND 50 CENTS
42.50 per hour for mosquito spraying services performed in compliance with this Contract.
Payments shall be made on a monthly basis upon receipt of itemized invoices for services performed.
It is the understanding of the CONTRACTOR that the CITY cannot contract for services in excess
Mosquito Spraying Contract rev. 4
Page 1
of a cumulative total of $15,000.00 without the express written approval of the CITY Council, in
accordance with the CITY Charter of the CITY of Georgetown, Texas.
5. TERM OF AGREEMENT
This Contract shall be effective immediately upon signature by both parties and shall remain
in effect for one (1) year. This Contract may be extended for up to two (2) additional one (1) year
terms, if such extension is in writing and signed by both parties.
Gam`:! \1 51 am
In addition to the warranty in Section 2, above, CONTRACTOR warrants that the Services
shall be performed with that degree of skill and judgment normally exercised by professional right of
way firms performing services of a similar nature. The CONTRACTOR will exercise due diligence
and care and perform and complete work related to the Services in a good and workmanlike manner.
Approval of the City should not constitute or be deemed a release of the responsibility and liability
of CONTRACTOR, its employees, agents, or associates, for the exercise of skill and diligence to
promote the accuracy and competency of their designs, information, plans specifications or any other
document, nor shall approval be deemed to be the assumption of such responsibility by the City with
respect to any defect or error in the documents prepared or work done by CONTRACTOR, its
employees, agents, or associates. Without imitation to the foregoing, CONTRACTOR shall correct,
at its own expense, Services which are (i) deficient because of CONTRACTOR's failure to perform
said Services in accordance with the above standard of skill and judgment (ii) reported in writing to
CONTRACTOR within a reasonable time, not to exceed thirty (30) days, from discovery thereof.
7. COORDINATION WITH CITY.
The City has designated Mark Miller as the Project Coordinator for the City and
CONTRACTOR shall coordinate all work pertaining to the Services with Project Manager, or
his/her designee.
8. CONTRACTOR RELATIONSHIP.
In performance of the Services hereunder, the CONTRACTOR shall be an independent
contractor with the sole authority to control and direct the performance of the details of the work
required to perform the Services. The CONTRACTOR shall not purport to be an employee or agent
of the City, and shall not have any right or power to bind the City to any obligation not otherwise
specifically authorized in writing by the City.
9. TERMINATION
This Contract maybe terminated by either party upon ten (10) days written notice, delivered
to the addresses identified in this Contract. If the CITY should terminate the Contract, all work in
connection with the performance of this contract and all orders chargeable to this contract shall be
discontinued immediately. CONTRACTOR shall submit an invoice and the CITY shall pay
CONTRACTOR the fees for all work actually performed under this Contract, less all payments that
have been previously made. If CONTRACTOR should terminate the Contract, CONTRACTOR
Mosquito Spraying Contract rev. 4
Page 2
shall remain responsible for performing the services requested by the CITY until the expiration of the
thirty -day period, or at some earlier date upon written agreement of the CITY.
10. SAFETY AND RECORDKEEPING
The work to be performed under this contract shall be performed entirely at the
CONTRACTOR's risk. CONTRACTOR shall be responsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with the work to be performed under
this contract. CONTRACTOR shall take all reasonable precautions for the safety of and shall
provide all reasonable protection to prevent damage, injury, or loss to employees, the work, the
endangered species, or the property affected by this contract. All damage or loss to any property
caused in whole or in part by CONTRACTOR, any subcontractor, or anyone directly or indirectly
employed by any of them shall be remedied by CONTRACTOR.
CONTRACTOR shall maintain all records of spray applications for a period of two (2) years,
or a longer period if required by law. Copies of all application records shall be submitted by
CONTRACTOR to the City's Project Manager within thirty (30) days of said application.
11. INDEMNITY AND RELEASE
CONTRACTOR agrees to and shall indemnify, hold harmless, and defend CITY, its
officers, agents and employees, from and against any and all claims, losses, damages, causes of
action, suits, and liability of every kind, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, or for damage to any property, for worker's
compensation claims, or for any breach of contract or mistake of CONTRACTOR arising out of or in
connection with the work done by CONTRACTOR, any subcontractor or any person or organization
directly or indirectly employed by any of them to perform or furnish work under this contract. The
indemnification contained in this paragraph shall both include but not be limited to the following
specific instances: damages to the CITY due to the act, omission, mistake, fault or default of the
CONTRACTOR; claims for payment for goods or services brought by material suppliers, mechanics,
laborers, or other subcontractors; damages to property owners including owners of property on which
the Services are performed, and properties adjacent to, or affected by the Services; damages caused
by CONTRACTOR's personnel, agents, or equipment related to the Services; CONTRACTOR's
failure to comply with applicable federal, state or local regulations that touch upon or concern the
maintenance of a safe and protected working environment and the safe use and operation of
chemicals, machinery, and equipment not matter where fault or responsibility lies.
CONTRACTOR assumes full responsibility for the work to be performed hereunder, and
hereby releases, relinquishes, and discharges the City, its officers, agents and employees, from all
claims, demands, and causes of action of every kind and character, including the cost of defense
thereof, for any injury to or death of any person (whether employees of either party or other third
parties) and any loss of or damages to any property that is caused by or alleged to be caused by,
arising out of, or in connection with the CONTRACTOR's work to be performed hereunder. This
release shall apply regardless of whether said claims, demands and causes of action are covered in
whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by
Mosquito Spraying Contract rev. 4
Page 3
the CONTRACTOR, any subcontractor, or any person or organization directly or indirectly
employed by any of them to perform or furnish work on the Project.
12. CONTRACTOR's INSURANCE REQUIREMENTS
CONTRACTOR shall procure and maintain at his sole cost and expense for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by CONTRACTOR, his agents,
representatives, volunteers, employees or subcontractors.
CONTRACTOR's insurance coverage shall be primary insurance as respects CITY, its
officials, employees and volunteers. Any insurance or self-insurance maintained by CITY, its
officials, employees or volunteers shall be considered in excess of CONTRACTOR's insurance and
shall not contribute to it.
Certificates of Insurance and endorsements shall be furnished to CITY and approved by
CITY before work commences.
A. STANDARD INSURANCE POLICIES REQUIRED
1. Commercial General Liability Policy
2. Automobile Liability Policy
B. GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES
1. General Liability and Automobile Liability insurance shall be written by a
carrier with a A:VIII or better rating in accordance with the current Best Key
Rating Guide.
2. Only Insurance Carriers licensed and admitted to do business in the State of
Texas will be accepted.
3. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
4. Claims Made Policies will not be accepted.
5. The CITY, its officials, employees and volunteers, are to be added as
"Additional Insured" to the General Liability policy. The coverage shall
contain no special limitations on the scope of protection afforded to the
OWNER, its officials, employees or volunteers.
6. A Waiver of Subrogation in favor of the CITY with respect to Workers'
Compensation insurance must be included.
7. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits without thirty
(30) days prior written notice by certified mail, return receipt requested, to
CITY.
8. Upon request, certified copies of all insurance policies shall be furnished to
CITY.
9. CONTRACTOR represents and warrants that it has no employees and will
have no employees during the term of this Agreement, and that worker's
compensation coverage is therefore not required by law. CONTRACTOR
Mosquito Spraying Contract rev. 4
Page 4
further represents and warrants to the CITY that prior to hiring any
employees at any time during the term of this Agreement, CONTRACTOR
shall obtain Worker's Compensation Insurance and shall submit a Certificate
of Insurance evidencing such coverage to CITY, all in accordance with the
General Requirements identified above. Failure of CONTRACTOR to obtain
Worker's Compensation coverage for any employees shall be grounds for
termination of this Agreement.
C. COMMERCIAL GENERAL LIABILITY
1. Minimum Combined Single Limit of $300,000 per occurrence for Bodily
Injury and Property Damage.
2. Coverage shall be at least as broad as Insurance Service's Office Number CG
0001.
3. No coverage shall be deleted from the standard policy without notification of
individual exclusions being attached for review and acceptance.
D. AUTOMOBILE LIABILITY
Minimum Combined Single Limit of $300,000 per occurrence for Bodily
Injury and Property Damage.
2. The Business Auto Policy must show Symbol l in the Covered Autos Portion
of the liability section in Item 2 of the declarations page.
E. CERTIFICATES OF INSURANCE
Certificates of Insurance shall be prepared and executed by the insurance
company or its authorized agent, and shall contain provisions and warranting
the following:
a. The company is licensed and admitted to do business in the State of
Texas.
b. The insurance set forth by the insurance company are underwritten on
forms which have been provided by the Texas State Board of
Insurance or ISO.
C. Sets forth all endorsements and insurance coverage according to
requirements and instructions contained herein.
d. Shall specifically set forth the notice of cancellation, termination, or
change in coverage provisions to the CITY.
e. Original endorsements affecting coverage required by this section
shall be furnished with the certificates of insurance.
Mosquito Spraying Contract rev. 4
Page 5
13. NOTICE
Notice as required by this contract shall be delivered in writing to the parties at the following
locations:
CITY:
Mark Miller
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
14. AMENDMENTS
CONTRACTOR:
A-Damron Pest Control
6823-S Lakewood Drive
Georgetown, Texas 78628
This Contract contains the entire agreement of the parties. No amendment will be effective
except as evidenced in writing and signed by all parties.
The parties agree that all acts required to be performed under this Contract are performable
solely in Williamson County, Texas.
16. ASSIGNMENTS AND SUBCONTRACTS; NO WAIVER
CONTRACTOR shall not assign or transfer any rights or interests in this Contract without
the written consent of the City. Unless specifically stated to the contrary in any written consent to an
assignment, no agreement will release or discharge the assignor from any duty or responsibility under
this Contract. CONTRACTOR shall obtain the consent of City before subcontracting any material
component of the Services, such consent not to be unreasonably withheld by City. No waiver by
either party hereto of any term or condition of this agreement shall be deemed or construed to be a
waiver of any other term or condition or subsequent waiver of the same term or condition.
17. GOVERNING LAW.
This Contract shall be governed and construed in accordance with the laws of the State of
Texas, excluding any conflict of law or other provision referencing the laws of another jurisdiction.
The City and CONTRACTOR each hereby submit to the exclusive jurisdiction of the federal and
state courts located in Williamson County, Texas.
18. SEVERABILITY.
In the event any portion of this Contract is held to be unenforceable or invalid, the validity
and enforceability of the remainder of this Contract shall be unaffected.
Mosquito Spraying Contract rev. 4
Page 6
19. ENTIRE CONTRACT.
This Contract constitutes the entire agreement between the Parties relating to the subject
matter hereof, and supersedes all previous bids, proposals, contracts, understandings and other
agreements between the Parties. This Contract may not be amended, except in writing signed by
both Parties. In the event of a conflict between this Contract and any "job order" or "authorization
letter" issued in connection herewith, the provisions of this Contract shall prevail.
SIGNED THIS day of 2007.
CITY OF GEORGETOWN, TEXAS A-DamronPest Control "CONTRACTOR'
Un
Gary Nelon, Mayor
APPROVED AS TO FORM:
Patricia Carls, City Attorney
Mosquito Spraying Contract rev. 4
Page 7
LIM
Owner
STATE OF TEXAS
ACKNOWLEDGEMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the _ day of
by of
Control, for said entity.
STATE OF TEXAS
COUNTY OF WILLIAMSON
,2007,
A-DamronPest
Notary Public in and for the State of Texas
10111701;714 I13ICNNeIIIIJ131111431613QUIl
This instrument was acknowledged before me on the _ day of 2007,
by Gary Nelon, Mayor for the City of Georgetown, a Texas home -rule municipal corporation, on
behalf of said corporation.
Notary Public in and for the State of Texas
Mosquito Spraying Contract rev. 4
Page 8
0
Council Meeting Date: June 12, 2007 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action with regards to a new Sanitation Services Contract,
between Texas Disposal Systems (TDS), of Creedmore, Texas and the City of Georgetown, for solid
waste and recycling services.
ITEM SUMMARY:
Staff has prepared a contract document for the provision of Solid Waste Services as directed
by City Council in January of 2007. A workshop was held on June 11, 2007 that covered the
highlights and inclusive terms of the agreement being considered with this action item. Staff has re -
crafted the document to make it more responsive to customer needs, City Council bidding concerns,
performance expectations and cost controls during the term of the agreement. Several months have
gone into the crafting of this agreement and much deliberation between the contractor and staff. The
basic philosophy of service provision in this contract is substantively different from that of the prior
agreement. Staff will be prepared to discuss those changes and recommendation on the impact of
current and future rate impacts to the customer base.
FINANCIAL IMPACT:
Contract rates to the contractor are expected to increase from $10.95/monthly residential unit
to $11.78/monthly residential unit. A corresponding increase in several rate categories is expected in
order to create a three (3) tier rate system for service.
GUS BOARD RECOMMENDATION:
GUS Advisory reviewed the services and contract document and was unanimous in
support of moving forward with execution of the proposed contract agreement. GUS Advisory did
recommend an increase in the base residential rate of $0.46 to include quarterly bulky waste pickup
without charge to the inside City consumer.
STAFF RECOMMENDATION:
Staff is recommending the approval of the contract, as proposed, and the creation of the
service categories as proposed in the contract document.
ATTACHMENTS:
Submitted By: Rachel Osgood v
Environmental Services
Coordinator
Jim Briggs,
Assistant City Manager
for Utilities
•
STATE OF TEXAS § SOLID WASTE COLLECTION
§ AND DISPOSAL
COUNTY OF WILLIAMSON § SERVICE CONTRACT
THIS AGREEMENT is made and entered into on the _ day of 2007, by
and between the City of Georgetown, Texas, a Texas Municipal Corporation, situated in
Williamson County, Texas, hereinafter referred to as "City," and Texas Disposal Systems, Inc., a
Texas Corporation, acting by and through its duly authorized officers, hereinafter referred to as
"Contractor."
WHEREAS, it is necessary for the City to promote, preserve, and protect the public health and
safety of its citizens; and
WHEREAS, in 1998, after soliciting Requests for Proposals, the City selected Contractor as the
most qualified provider and entered into a "Waste Collection and Disposal Service Contract"
whereby TDS agreed to provide municipal Solid Waste Collection and disposal services to the
City; and
WHEREAS, the 1998 Contract has been amended several times to address Bulky Waste„
operation of the City's Collection station, and, after evaluating Contractor's performance, to
extend the term consistent with the original intent of the RFP and Contract; and
WHEREAS, the City and Contractor desire to amend and restate the 1998 Contract (as
amended) for clarity and to provide for additional services; and
WHEREAS, the City wishes to continue to provide its citizens reliable, responsible Solid Waste
collection and disposal services of the highest quality; and
NOW, THEREFORE, City and Contractor, for good and valuable consideration, agree as
follows:
Last revised: 6/5/2007 1
I. DEFINITIONS
In this Contract, the following terms shall have the following meanings:
1.01 Assistant City Manager — Utilities ("ACM -U"). The City's Assistant City Manager for
Utilities or a person authorized to act for the ACM -U.
1.02 Bag. A paper or plastic sack, designed to store Solid Waste, having sufficient wall
strength to maintain physical integrity under normal loading when lifted by the top.
1.03 Bulky Waste. Includes appliances, furniture and other large waste materials or items that
do not fit in the Container, but does not include construction debris, refrigerant -charged
appliances, Dead Animals, Hazardous Waste or stable matter.
1.04 Bundle. Tree, shrub and brush trimmings or newspapers and magazines securely tied
together forming an easily handled package not exceeding four feet in length or 35 lbs. in weight.
1.05 Collection. The removal and transportation of materials from the pickup point to the
approved processing or Disposal Site.
1.06 Commercial Refuse. All Bulky Waste, construction debris, Garbage and Rubbish
generated at a commercial unit within the Contract Area.
1.07 Commercial Unit. All premises, locations, or entities, public or private, requiring Solid
Waste Collection within the Contract Area that is not a Residential Customer.
1.08 Construction Debris. Waste resulting from construction or demolition projects; including
all materials that are directly or indirectly the by-products of construction work or that result
from demolition of buildings and other structures, including, but not limited to, paper, cartons,
gypsum board, wood, rubber and plastics.
1.09 Container(s). A plastic container provided by Contractor to Customer with attached lid
and wheels used to store Solid Waste. Container capacities under this Contract shall include 35,
65, and 96 gallons.
1.10 Contract Area. Consists of the Exclusive Contract Area (herein so defined), plus the •
Last revised: 6/5/2007 2
I•
•
areas or locations outside the Exclusive Contract Area where there are Tier II or Tier III
Customers. (See also definitions stated in Section 1.13.)
1.11 Contract or Contract Documents. Includes the following: This Contract, the
performance bond, insurance policies and certificates, and supplemental agreements or
amendments. The terms Contract and Contract Documents have the same meaning.
1.12 Curbside Collection. Collection service rendered at a Residential Unit not served by an
alley, public utility easement or other public way in the rear or alongside thereof, involving the
placement of Containers for Collection at or near the curb of the street abutting such property.
1.13 Customer(s). An occupant of a Residential Unit or a Commercial Unit living in the
Contract Area who generates Solid Waste and who are included in the following three (3)
groups: Customers located inside the corporate boundaries of the City, as those boundaries may
change from time to time (Tier I); Customers located outside the corporate boundaries of the
City who are also customers of the City's water, wastewater, or electric utilities (Tier II);
customers located outside the corporate boundaries of the City and who is not a customer of the
City's water, wastewater, or electric services (Tier III). Customers residing in special districts
(e.g., Municipal Utility Districts) and/or the special districts themselves who, by contract with
the City, have agreed to accept solid waste services from the City, shall be Tier III Customer(s),
unless the City and Contractor mutually agree that such Customer(s) shall be Tier Il
Customer(s).
1.14 Dead Animal(s). Any Dead Animal or part of an animal, other than those processed for
human use.
1.15 Disposal Site. Shall mean the Contractor's permitted solid waste disposal facility located
in Creedmoor, Texas. Upon notice to and prior written consent from the City, the term may also
include any other Solid Waste disposal facility, including but not limited to sanitary landfills,
incinerators, and waste processing/separation centers that are licensed, permitted or otherwise
approved by all governmental bodies and agencies having jurisdiction, and possessing such
licenses, permits or approvals to receive for processing or final disposal of Solid Waste or Dead
Animals.
1.16 Dummpster(s). A metal or poly -type receptacle provided by Contractor to Commercial
Unit Customers designed to be lifted and emptied mechanically.
Last revised: 6/5/2007 3
1.17 Dwelling Unit(s). Any group of rooms located within a dwelling and forming a single
habitable unit with facilities which are used, or are intended to be used, for living, sleeping,
cooking and eating.
1.18 Exclusive Contract Area. The area within the corporate city limits of the City of
Georgetown, as the city limits now exist or may be revised in the future.
1.19 Facili . That certain facility owned by the City and located at 250 W.L. Walden Drive,
Georgetown, Texas. Sometimes referred to as the Collection Station, and being the Type V
Transfer Station operating under Permit Number MSW 466-A and including the closed Type I
Landfill as well as the area commonly known as the Old City Electric Yard as shown on the
attached Exhibit C.
1.20 Front -Load Compactor. A compactor with a capacity of (6) cubic yards that performs
compacting functions, and that is typically serviced with a front -load truck.
1.21 Garbage. Readily decayable Solid Waste, including Dead Animals, animal and vegetable
waste, food containers, and all other waste matter which is likely to attract flies or vermin, except
any matter included in the definitions of Bulky Waste, construction debris, Unacceptable Waste,
Hazardous Waste, Rubbish or stable matter.
1.22 Generator. The producer, maker, creator of the original waste materials. The entity that
first caused the waste to be created.
1.23 Hazardous Waste. Any chemical, compound, mixture, substance or article designated as
a "hazardous waste" under state or federal law.
1.24 Recyclable Materials. The following materials, unless otherwise provided in this
Contract: Aluminum beverage cans; ferrous cans; glass; newsprint/magazines; polyethylene
terephthalate (PET) and high density polyethylene plastics (HDPE); and direct mail
advertisements. With the ACM -U's approval, the Contractor shall have the right to add or delete
material types from time to time based upon the commercial markets for the materials. For
Commercial Unit Customers, the term also includes materials that are sold as commodities to
brokers or end users (e.g., cardboard or plastic wrapping materials generated from retail stores).
1.25 Recycling Bin(s). A plastic Bin with a capacity of approximately 18 gallons furnished by •
Last revised: 6/5/2007 4
lr�]
the Contractor to each Residential Unit and certain Commercial Unit Customers for use in the
Collection of Recyclable Materials.
1.26 Residential Unit(s). A room or set of rooms suitable for residential use by a single
family, including a single-family dwelling, duplex, fourplex, townhouse, apartment or
condominium unit. A Residential Unit shall be deemed occupied when either water or electric
services are being supplied thereto. A townhouse, fourplex, duplex, or condominium dwelling,
whether of single or multi-level construction, consisting of four or less contiguous or separate
single family Dwelling Units, shall be treated as a Residential Unit, except that each single-
family dwelling within any such Residential Unit shall be billed separately as a Residential Unit.
Those Residential Units served by a Dumpster, Roll -Off or Compactor (Roll -Off or Front -Load)
shall not be included in this definition.
1.27 Roll -Off Compactor. A compactor that is stationary or self-contained, with a capacity of
(20) cubic yards or greater that performs compacting functions, and that is served or able to be
serviced with a roll -off truck.
1.28 Roll -Off. A detachable Container with a capacity of 20 cubic yards or greater.
1.29 Rubbish. Solid Waste that is not readily decayable, including wood, wood products,
grass cuttings, plants, leaves, paper, cardboard, cloth, leather, footwear, ashes, cinders, floor
sweepings, glass, mineral or metallic materials, and all other waste materials other than Bulky
Waste, construction debris, Garbage, Hazardous Waste, stable matter, tree trimmings or Yard
Waste.
1.30 Solid Waste. Garbage, Rubbish, Bulky Waste, construction debris, and Yard Waste, but
not including Unacceptable Waste.
1.31 Special Events. City -sponsored activities such as fairs, special gatherings, rallies, and
parades as listed in Section 8.05.
1.32 Unacceptable Waste. Any and all waste that is:
1.32.1 Waste which is now or in the future prohibited from disposal at a
sanitary landfill by state or federal laws or the regulations promulgated thereunder;
• 1.32.2
Last revised: 6/5/2007
Hazardous Waste;
5
1.32.3 special waste, as defined by the laws of the State of Texas or the
regulations promulgated thereunder;
1.32.4 tires, concrete, and bulk petroleum or chemical products or by-products;
1.32.5 septic tank pumping and grease and grit trap wastes;
1.32.6 sludge waste, including water supply treatment plant sludges and
stabilized and/or unstabilized sludges from municipal or industrial wastewater
treatment plants;
1.32.7 medical waste, including infectious or pathological waste from
laboratories, research facilities, and health and veterinary facilities, and sharp
objects such as syringes that are not in a protective sealed container;
1.32.8 liquid waste, which for the purposes of this Contract means any waste
material that is determined to be or contain "free liquid" by the paint filter test
(EPA Method 9095);
1.32.9 Class I industrial waste from an industrial process;
1.32.10 waste from a pollution control process;
1.32.11 waste transported in a bulk tanker;
1,32,12 friable and/or nonfhable asbestos waste;
1.32.13 empty containers which have been used for pesticides, herbicides,
fungicides, or rodenticides; or containerized waste (e.g., a drum, barrel, portable
tank, box, pail, etc.) of a type listed in this definition;
1.32.14 residue or debris from the cleanup of a spill or release of chemical
substances, commercial products or other wastes listed in this definition;
1.32.15 soil, water, residue, debris or articles which are contaminated from the
cleanup of a site or facility formerly used for the generation, storage, treatment,
recycling, reclamation, or disposal of Unacceptable Wastes listed in this definition, •
including soil contaminated from underground storage tanks used or formerly used
Last revised: 6/5/2007 6
for the storage of petroleum products;
1.32.16 any waste that requires other than normal handling, storage,
management and/or disposal;
1.32.17 dead animals and/or slaughterhouse waste, except for animals
euthanized under authority and direction of the City; or
1.32.18 any waste which because of its quantity, concentration, frequency of
disposal, required disposal procedures, regulatory status, or physical, chemical,
infectious or other characteristics jeopardizes or may jeopardize the
environmentally sound operation of a Disposal Site.
1.33 Work. The furnishing of all labor, materials, equipment, and other incidentals necessary
for the successful completion of the Contract and the carrying out of all duties and obligations
imposed by this Contract on the Contractor.
1.34 Yard Waste. Tree limbs, grass and plant clippings, and tree or brush trimmings that are
bagged or bundled for Curbside Collection.
H. TERM
2.01 The tern of this Contract shall commence on the effective date of the ordinance adopting
new Customer rates under this Contract, and end on September 30, 2012 ("Primary Term").
Prior to the expiration of the Primary Tern of this Contract, the City, through the City Council,
shall have the sole option to extend the Contract for up to three (3) additional five-year (5)
periods (each an "Additional Term"), upon consent of Contractor. The City Council's decision
to extend the Contract for an Additional Term shall be based upon the performance history of the
Contractor, compliance with the terms of this Contract, the needs of the community, and any
other issues which, at the time the decision is made, the City Council determines to justify the
extension of the term.
2.02 If the City does not extend the Contract for one or more Additional Terms, then said
Contract shall be in full force and effect on a month-to-month basis until the either Party
provides the other Party with one hundred twenty (120) days prior written notice of the
• termination of this Contract.
Last revised: 6/5/2007 7
2.03 During the one hundred twenty (120) day period referenced in Section 2.02, above,
Contractor shall participate with the City and any new provider of municipal solid waste
collection and disposal and recycling services in preparation of a transition plan and shall
cooperate in implanting the transition activities.
III. GENERAL SCOPE OF SERVICES
3.01 The Contractor is responsible for providing Solid Waste Collection and disposal services
for Solid Waste generated within the corporate limits of the City, as well as for pick up and
recycling of Recyclable Materials generated within the corporate limits of the City. If requested
by a Customer, the Contractor shall also provide these services to a Customer located either
within or outside of the City's extra -territorial jurisdiction ("ETJ") if that Customer is also served
by the City's water, sewer, or electric utilities and that Customer has requested Solid Waste
Collection or recycling services from the City or Contractor. The services shall consist of
curbside municipal Solid Waste Collection and disposal, and, if applicable to Tier III Customers,
curbside recycling Collection and disposal, and shall be provided in accordance with the terms
and conditions of this Contract, and in a good and workmanlike manner. These services shall
include famishing all labor, equipment, tools, materials, insurance, supervision, and all other
items necessary to complete the work as specified.
3.02 No work under this Contract shall be subcontracted by the Contractor without prior
written approval from the City. Any subcontracts shall be in writing and shall be subject to each
provision of this Contract.
3.03 The Contractor certifies that it has fully acquainted itself with all current conditions
related to this Contract and shall complete its services in and under any reasonable conditions it
may encounter or create, without additional cost to the City or to Customers.
3.04 The Contractor certifies that it is not now nor shall it become delinquent in the payment
of taxes to any governmental entity relating to the property or employees necessary for
Contractor's performance of the Services under this Contract.
IV. RESIDENTIAL SERVICES
4.01 Residential Base Rate Services for Tier I Customers. The Contractor shall provide the •
following services to all Tier I Residential Unit Customers in compliance with the terms and
Last revised: 6/5/2007 8
conditions of this Contract:
4.01.1 Curbside Solid Waste Collection one (1) time per week, consisting of
curbside pick up and disposal of one (1) Container and up to five (5) Bags or
Bundles; and
4.01.2 Curbside Recyclable Materials Collection one (1) time per week,
consisting of curbside pick up and processing of up to two (2) Recycling Bins of
Recyclable Materials. Residential Customers shall not be required to separate
materials by type prior to Collection..; and
4.01.3 Curbside Yard Waste Collection, which is to be included in the five (5)
Bags or Bundles referenced in subsection 4.01.1, above; and
4.01.4 Curbside Bulky Waste Collection, which shall consist of the pick up of
one time per quarter of the amount of bulky waste that fits into an 8 foot x 8 foot x
8 foot area. Customers shall arrange for such service by contacting Contractor
directly to schedule such service. This service shall not include pick up of
construction or demolition debris.
4.02 Residential Base Rate Services for Tier II Customers. The Contractor shall provide the
following services to all Tier II Residential Unit Customers in compliance with the terms and
conditions of this Contract:
4.02.1 Curbside Solid Waste Collection one (1) time per week, consisting of
curbside pick up and disposal of one (1) Container and up to five (5) Bags or
Bundles; and
4.02.2 Curbside Recyclable Materials Collection one (1) time per week,
consisting of curbside pick up and processing of up to two (2) Recycling Bins of
Recyclable Materials; and
4.02.3 Curbside Yard Waste Collection, which is to be included in the five (5)
Bags or Bundles referenced in subsection 4.01.1, above; and
• 4.03 Residential Base Rate Services for Tier III Customers. The Contractor shall provide the
following services to all Tier III Residential Unit Customers in compliance with the terms and
Last revised: 6/5/2007 9
conditions of this Contract:
4.03.1 Curbside Solid Waste Collection - one (1) time per week, consisting of
curbside pick up and disposal of one (1) Container; and
4.03.2 Curbside Recyclable Materials Collection - one (1) time per week,
consisting of curbside pick up and processing of up to two non -source separated
(2) Recycling Bins of Recyclable Materials, provided that the level of participation
in curbside recycling by the Tier III Residential Unit Customers is reasonably
comparable to the level of participation by Tier I Residential Unit Customers. If
the level of participation by the Tier III Residential Unit Customers is not
reasonably comparable to the level of participation by Tier I Residential Unit
Customers, then Contractor shall not be required to provide Curbside Recyclable
Materials Collection services to Tier III Residential Unit Customers.
4.04 Optional Residential Additional Rate Services. Contractor shall provide the following
services to Tier I and Tier II Residential Unit Customers upon request of the Customer:
4.04.1 Additional Bins for Recycling— Additional Bins shall be picked up at
the curbside at the same frequency and on the same day as the Customer's regular
weekly Base Rate services; or
4.04.2 Bulky Waste Collection — Pick of Bulky Waste can be scheduled by the
Customer on the basis of advance Customer calls to Contractor for scheduling
service. Customer is required to notify Contractor 48 hours in advance of service
delivery. Construction debris or waste generated from remodeling or demolition is
excluded from this service.
4.05 Containers. The Contractor shall famish each Residential Unit with one (1) Container.
The size of the Container shall be 96 gallons, unless a Customer requests a smaller Container, in
which case the size of the Container shall be 65 or 35 gallons (these capacities are approximate).
If a Customer's Container is in need of replacement or repair, Contractor shall replace or repair
the Container within five (5) business days from notification. Contractor may replace a damaged
or unsightly Container with either a new or used Container, provided that, if a used Container is
provided as a replacement, the used Container shall not be damaged or unsightly. City and
Contractor shall mutually determine whether a Container is damaged or unsightly. If a mutual
Last revised: 6/5/2007 10
agreement cannot be reached, the City's determination shall be final. The Contractor shall not be
required to replace or repair more than five (5) Containers per business day. The cost for this
service shall be included in the cost per month for basic service. A fee for lost or stolen
Containers may be charged to Customers.
4.06 Vis. Contractor is not required to provide Bags to the Customer. Contractor is not
required to collect the amount in excess of the five (5) Bags or Bundles.
V. COMMERCIAL SERVICES.
5.01 Commercial Base Rate Services. The Contractor shall provide the following services to
all Commercial Unit Customers in compliance with the terms and conditions of this Contract:
5.01.1 Collection up to five (5) times per week, as mutually agreed to by the
Customer and Contractor, consisting of pick up and disposal of the number of
Dumpsters, Containers, or Compactors as specified by the Customer.
5.02 O tional Commercial Additional Rate Services Contractor shall provide the following
services to Commercial Unit Customers upon request of the Customer
5.02.1 Recycling Collection shall be on an "on-call" basis, consisting of the
number of commercial recycling Containers of Recyclable Materials selected by
the Customer. Commercial customers will be required to source separate materials
prior to collection. The service area for this service shall be the areas within the
City's "Downtown Overlay District" and the "Special Area Plan Overlay District —
Williams Drive," as areas are defined in the City's Unified Development Code, and
as the definitions of those areas may be revised or amended from time to time by
the City. Other areas eligible for this service may be added as City and Contractor
may mutually agree in writing.
5.03 Containers or Dumpsters. The Contractor shall furnish each Commercial Unit Customer
with the number of Container(s) or Dumpster(s) required to serve the needs of the Commercial
Unit Customer. If a Customer's Container or Dumpster is in need of replacement or repair,
Contractor shall replace or repair the Container or Dumpster within five (5) business days from
notification. Contractor may replace a damaged or unsightly Container or Dumpster with either
a new or used Container or Dumpster, provided that if a used Container or Dumpster is provided
Last revised: 6/512007 11
as a replacement, the used Container or Dumpster shall not be damaged or unsightly. City and
Contractor shall mutually determine whether a Container or Dumpster is damaged or unsightly.
If a mutual agreement cannot be reached, the City's determination shall be final. The Contractor
shall not be required to replace or repair more than five (5) Containers or Dumpster per business
day. The cost for this service shall be included in the cost per month for basic service.
VI. RECYCLING
6.01 All Recyclable Materials collected by the Contractor shall become Contractor's property.
6.02 The Contractor shall notify the City of all instances where the Contractor declines to
collect acceptable Recyclable Materials and the reason for it. The ACM -U shall investigate all
instances of "no pickups," of acceptable materials placed in Bins or commercial recycling
Container, whether reported by the Contractor or by Customers, and advise the Customer of the
reasons, or require the Contractor to collect the material. The ACM -U shall act in reasonable
manner in deciding these issues, and the ACM -U's decision shall be final.
6.03 In the event a Customer places contaminated items in the Recycling Bin or a commercial
recycling Container, Contractor shall leave the contaminated items in the Bin or the commercial
recycling Container, and the Bin or recycling Container shall be tagged with an education card
which shall inform the Customer of the reason the contaminated items were left and how to
handle or improve their recycling efforts.
6.04 The Contactor shall process the Recyclable Materials under this Contract through the
Facility. Upon notice to and prior consent from the City, Contractor may process Recyclable
Materials at another facility that is licensed, permitted, or otherwise approved by all
governmental bodies and agencies having jurisdiction and possessing any and all required
permits, licenses, and other valid authorizations to receive and process Recyclable Materials.
The Contractor shall dispose of materials, which cannot be utilized by recycling markets, at the
Disposal Site.
6.05 The Contractor shall furnish the City with a written explanation of the reasons that any
Recyclable Materials collected by it are not recycled. The Contractor will place a label on each
Container provided to Residential Units identifying the Contractor as the owner of the Container
and providing information on Collection procedures, including time period requirements for
placement and removal of carts from curb -side.
Last revised: 6/5/2007 12
I
6.06 The Contractor will make every reasonable effort to serve the Customers regardless of
errors in Customer materials preparation or placement. The Contractor will notify the City of
repeated or gross mistakes on the part of the Customers. The City will take such actions or
implement such procedures as are reasonably necessary to ensure compliance by its residents
with the provisions of this Contract.
6.07 The City will develop and distribute literature to inform affected Customers on all aspects
of the Collection services, which will include but not be limited to, days of service, materials to
be recycled, method of preparation required, and placement of Containers for Collection. The
City will work with Contractor on approval of all educational literature to the City for its
approval prior to distributing it to Customers.
6.08 The Contractor shall properly dispose of any contaminated Recyclable Materials
collected at the Disposal Site.
6.09 Tier I and Tier II Residential Unit Customers shall not be required to separate Recyclable
Materials by type prior to Collection. Commercial Customers shall be required to source -
separate Recyclable Materials.
VII. ROLLOFFS
7.01 Contractor shall provide Roll -Off Containers, Roll -Off Compactors, and Front Load
Compactors to Customers upon request from a Customer.
7.02 Notwithstanding anything to the contrary in this Contract, nothing in this Contract shall
require a Customer to use Roll -Off Containers, Roll -Off Compactors, and Front Load
Compactors provided by Contractor if. (a) the transporter is the generator of the material being
transported and owns the Roll -Off Container(s), Roll -Off Compactor(s), and Front Load
Compactor(s), and the truck that services the Roll -Off Container(s), Roll -Off Compactor(s), and
Front Load Compactor(s); or (b) the Roll -Off Container(s), Roll -Off Compactor(s), and Front
Load Compactor(s) is used for Recyclable Materials.
7.03 Notwithstanding anything to the contrary in this Contract, the Contractor shall arrange for
provision of Roll -Off Containers, Roll -Off Compactors, and Front Load Compactors services
and the billing for same directly with the Customer and the City shall not be responsible for such
• administrative tasks.
Last revised: 6/5/2007 13
VIII. SERVICES PROVIDED TO THE CITY AS CUSTOMER
8.01 Community Recycling Units. Contractor shall service up to five (5) "Profile 3
Compartment Recycling Containers Manufactured by Fibrex Group" and shall empty such units
one (1) time per week. The City shall designate the locations for placement of the units.
8.02 City Owned/Operated Facilities.
8.02.1 No Charge Services. Contractor shall provide to the following City
owned and/or operated facilities listed below containerized service and
transportation and disposal of collected Solid Waste materials at no charge to the
City. The Contractor shall furnish and place suitable Containers in such numbers
as requested by the City at the following locations:
Facility Where Service Provided at No Cost:
4 Fire Stations
Animal Shelter normal office waste
City Hall
Community Recreation Center
Convention and Visitor's Bureau
Council Chambers/Municipal Court Building
IT/EOC Building
Library
Little League Fields (adjacent to College St.
Parks and Recreation
Police Department
San Gabriel Park
Soccer Fields adjacent to College St. and Walden Dr.
Softball Fields adjacent to College St. and 2nd St.
8.02.2 Discount Rate Services. Contractor will provide to the following City
owned and/or operated facilities, Solid Waste Collection and disposal services at
the rate shown on Exhibit A. The Contractor shall famish and place suitable
Containers in such numbers as requested by the City at the following locations:
Last revised: 6/5/2007 14
Facilitv Billed at Discounted City Rate:
Airport Tower
Georgetown Municipal Complex
New Electric Department
Wastewater Treatment Plants
Water Treatment Plants
8.03 Dewatered Biosolids. Upon the City's written request, Contractor shall accept City's
dewatered biosolids for disposal at the rate shown in Exhibit A. Nothing in this Contract shall
require the City to contract exclusively with Contractor for the disposal of dewatered biosolids.
8.04 Special Events. Upon receipt from the City of a work order or similar written request, the
Contractor shall remove and dispose of the Solid Waste accumulated during the designated hours
of the Special Events identified below. The frequency of the required removal and disposal of
said Solid Waste shall be as specified on the work order, and may also be required on weekends
or holidays. Contractor shall provide solid waste collection and disposal from Special Events at
the discounted rates applicable to the City departments described in Section 8.02.2. The City
shall compensate the Contractor based on the agreed work order and in conformance with the
rates as set forth in this contract. The Special Event that are the subject of this Section shall
include the following:
Special Events
4s' of July Celebration
Christmas Stroll
Festival of Arts
Hill Country Food and Wine Festival
Red Poppy Festival
Thanksgiving LiSluting of the Square
Two 2 Parades
IX. FACILITY OPERATIONS AND MANAGEMENT
• 9.01 General. The Collection Station (CS) and Transfer Station (TS) are owned by the City
Last revised: 6/5/2007 15
and are located at the Facility. City agrees that Contractor shall have the exclusive right to use
the CS and TS, subject to the City's rights to use the CS and TS as the City sees fit in a manner
that does not interfere with Contractor's rights and obligations under this Contract; the terms and
conditions of the TCEQ regulations and permit for the CS and TS and/or the Facility; and the
terms and conditions of this Article and the Contract. The purpose and functions of the
Collection Station shall be as follows: to process, store and stage for eventual disposal, and
manage Bulky Waste, Brush, and Recyclable Materials from the public; to handle spoils
generated by the City or the City's agents and contractors; to provide education and information
about recycling; and to allow the public to acquire mulch or compost from Contractor. The
purpose and function of the Transfer Station shall be to receive, consolidate, temporarily store,
and transfer Solid Waste collected by Contractor in the Contract Area as well as from outside of
the Contract Area as specifically authorized by the City and as authorized by the TCEQ and in
conformance with the TCEQ's rules and regulations and the City permit for the Transfer Station,
prior to transporting the Solid Waste to an authorized disposal facility.
9.02 Collection Station.
9.02.1 Contractor shall operate and manage the TransferStation in accordance
with all applicable TCEQ regulations, and the terms and conditions of the Contract.
9.02.2 Contractor shall provide the following recycling services to Customers
at the Facility: Brush collection; recycling of Recyclable Materials; recycling of
glass, paper, cans, cardboard, metal, waste oil, batteries, and tires; and collection of
Bulky Waste, including appliances, for fees specified in Exhibit B.
9.02.3 Contractor shall provide spoils handling services to the City and to
City's contractors in compliance and conformance with all applicable rules,
regulations, and permits. Such services shall be provided at the rate specified in
Exhibit B.
9.02.4 Contractor shall operate the Facility as a Collection Station at a
minimum of Monday through Saturday of each week from 8:00 a.m. to 5:00 p.m.
At its option, Contractor may close the Facility on City holidays for which there is
no residential waste collection. Operating hours during preplanned special events,
holidays and scheduled make-up garbage days shall be adjusted to accommodate •
Last revised: 6/5/2007 16
special needs of City crews. In unusual situations, the City will pay the cost of
Contractor expenses, if service is required by the City during other than Contractor
ordinary operating hours.
9.02.5 Contractor may use the City's backhoe for the operation of the
Collection Station. Contractor shall be responsible for routine repairs and
maintenance to the City -owned backhoe. The City shall be responsible for repairs
and maintenance on the City -owned backhoe in excess of $1,000 per calendar year,
City unless said repairs are necessary due to Contractor negligence.
9.02.6 Contractor shall provide citizen training on backyard composting
through workshops of 1 % to 2 hours in length for up to thirty (30) students at a cost
contained in Exhibit B per workshop. Contractor shall provide Master Composting
Level Training through two (2) day, sixteen (16) hour sessions with training
materials and refreshments for a maximum of thirty (30) participants at a cost
contained in Exhibit B per course.
9.02.7 Contractor may, in its discretion, submit a request to the City proposing
the use of other areas of the Site by Contractor for purposes of adding
improvements or equipment necessary for processing recyclables and
compostables, brush collection and composting, vehicle and equipment
maintenance, offices, and any other activities related to operation of the Facility.
The ACM -U may approve, disapprove, or modify the proposal submitted by
Contractor. If the proposal is approved by the ACM -U, the City shall support the
development applications of Contractor necessary to implement the approved
proposal (or the City shall be the applicant).
9.03 Transfer Station
9.03.1 Contractor agrees to operate and manage the Transfer Station in
accordance with all applicable TCEQ regulations, the Facility permit, and the terms
and conditions of the Contract.
9.03.2 Contractor shall be authorized to use the Transfer Station for processing
solid waste collected from its Customers. Solid waste collected under contract from
other governmental entities or special districts shall only be taken to the Transfer
Last revised: 6/5/2007 17
Station if the City has an interlocal or other contractual agreement with the
municipality or other special district to provide solid waste collection services to
said municipality or special district. The City shall notify Contractor of any such
interlocal or other contractual agreements.
9.03.3 Contractor agrees to provide disposal services for Solid Waste delivered
to the Transfer Station by City Departments at the rates provided in Exhibit A.
9.03.4 Contractor may use the City's stationary compactor(s) for the operation
of the Transfer Station. Contractor shall be responsible for routine repairs and
maintenance to the City -owned stationary compactor. The City shall be
responsible for repairs and maintenance on the City -owned stationary compactor(s)
in excess of $1,000 per calendar year, City unless said repairs are necessary due to
Contractor negligence.
9.04 General Requirements for Management of Collection Station and Transfer Station
9.04.1 Signage shall be in accordance with the Unified Development Code,
and to State and federal regulations specifically applicable to facilities such as the
Facility.
9.04.2 The fees charged by Contractor set forth in Exhibit B for services
provided to Customers at the Facility shall be in accordance with the fees approved
by the City Council. Contractor shall have no unilateral right to adjust the fees
without the express approval of the City Council.
9.04.3 City shall provide, and Contractor shall follow, the City's Manual Cash
Receipts procedures pertaining to the management of cash receipts, including
proper documentation of same, and shall submit the records to the City at least one
(1) time per calendar quarter.
9.04.4 Contractor shall secure the Facility when the Facility is closed.
Contractor shall have full premises liability for all areas of the Transfer Station and
Collection Station under its control during closed hours and non -operational hours.
9.04.5 City will secure Facility through additional fencing and other barriers to .
Last revised: 6/5/2007 18
control access to closed portions of the Facility to discourage improper
management of the materials. City will work with Contractor to develop an access
control plan to ensure proper management of the Facility.
9.04.6 Contractor is responsible for picking up wind blown paper and litter in
accordance with the requirements of 30 Tex. Admin. Code § 330.235. All paper
and litter shall be collected on at least a weekly basis, or at anytime in response to a
citizen or regulatory complaint.
9.04.7 Neither Contractor nor the City shall close or relocate the operations of
the Collection Station or Transfer Station from the Facility without the prior
written consent of the other.
9.04.8 Contractor shall provide the following regulatory compliance services
to the City related to the Transfer Station :
(a) Compliance with all permits related to operations at the Transfer Station
(b) Timely and accurate advice to the City regarding regulatory compliance
issues;
(c) Provide environmental regulatory and compliance permitting updates
and assistance to the City relating to the Transfer Station , and assist the
City in the City's preparation of permit amendment and permit
modification applications, with all requested information and
documentation relating to environmental regulatory compliance and
permitting issues to be provided to the City for the City's review and
approval at least sixty (60) days in advance of their due date;
(d) Oversight of oversight of subcontractors performing work at the
Transfer Station ;
(e) Preparing applications, invoices, manifest or other documents for the
City's review and approval.
9.04.9 If previously approved by the ACM -U in advance in writing, and if the
Last revised: 6/5/2007 19
provisions of Section 3.02 of this Contract have been complied with, the Contractor
may invoice the City for work performed by subcontractors at the Facility at a rate
of cost plus 12%.
9.04.10 Contractor shall be solely responsible for all Contractor -owned
equipment at the Facility. If Contractor allows equipment or improvements to fall
into a state of disrepair below what is reasonably common in the industry for
similar facilities and adversely impacts Contractor's ability to deliver such
services, the City, at its option, after giving Contractor written notice and at least
fifteen (15) days notice to cure such deficiency, may repair or replace the
equipment or improvement in question and shall be reimbursed its reasonable costs
by Contractor.
X. FREQUENCY; HOURS AND ROUTES FOR COLLECTION OPERATIONS;
NEW CUSTOMERS
10.01 Frequency of Collections.
10.01.1 Residential Service. The Contractor shall provide the Residential Base
Rate Services described in Section 4.01 above from each Residential Unit
Customer using either an automated or a semi automated Collection system one (1)
time per week. The Contractor shall pick up acceptable Solid Waste and
Recyclable Materials from Residential Unit Customers placed for Collection in the
designated Container, Bin or Bag on the designated Collection days, regardless of
the mode of Collection utilized (automated/semi-automated).
10.01.2 Commercial Services. The Contractor shall collect Solid Waste from
each Commercial Unit Customer using either an automated or a semi automated
Collection system on the frequency selected by Customer. The Contractor shall
pick up all acceptable Solid Waste from Commercial Unit Customers placed for
Collection in the designated Dumpster on the designated Collection days,
regardless of the mode of Collection utilized (automated/semi-automated).
10.02 Hours of Collection. Residential collection shall not start before 7:00 a.m. or continue
after 7:00 p.m. on the same day in residential areas. Exceptions to Collection hours shall be •
affected only upon mutual agreement of the City and Contractor, or when the Contractor
Last revised: 6/5/2007 20
reasonably determines that an exception is necessary in order to complete Collection on an
existing route due to unusual circumstances. Contractor shall inform the City within forty-eight
(48) hours of the unusual circumstances, when possible.
10.03 School Safety. Contractor shall not provide Collection service one-half ('/2) hour before
the beginning or one (1) hour after dismissal on a scheduled school date on streets directly
adjacent to school property.
10.04 Excessive Waste from Inclement Weather & Catastrophes. In the case of excessive
amounts of Solid Waste caused by a tomado, severe storm, high winds, flooding, hurricane, ice
storm or other similar natural occurrence or act of God, the City may dispose of the Solid Waste
in whatever manner it may elect. Should special circumstances arise where additional services
from Contractor are needed outside the scope of this Contract, the services will be billed on a
basis as outlined in Exhibit A.
10.05 Routes of Collection. The Contractor will establish Residential Collection routes and
will submit a map designating the Collection routes and times to the ACM -U for approval at
least annually on or before December 31 of each calendar year. The Contractor may propose
changes in routes or days of Collection by submitting a written request at least thirty (30) days in
advance, unless a shorter period of time is approved by the ACM -U. Any change in routes or
scheduling will be subject to approval by the ACM -U prior to implementation. The Contractor
will deliver a written notice of approved changes to each affected Customer at least thirty (30)
days prior to the change, unless a shorter period of notice is approved by the ACM -U. The
Contractor will publish a map of the approved Residential Unit Collection days for respective
portions of the Contract Area on the City's website.
10.06 Route Obstacles. The City recognizes that the City streets must be free of over hanging
trees, branches or other obstacles which may cause damage to Contractor's vehicles. Contractor
shall notify the property owner or appropriate party in writing to contact the Contractor within
ten (10) days of such notice to negotiate the removal of the obstruction. Such arrangements shall
be solely between the property owner and Contractor and payment of any cost accrued or
damage that may result shall be the responsibility of the property owner and/or Contractor, in
accordance with the agreement entered into by them. Contractor shall perform the sole act of
notifying the owner to contact the Contractor about the obstruction reported. Contractor shall
• make all reasonable efforts to collect despite the obstruction, except where the health and safety
Last revised: 6/5/2007 21
of the driver or the public at large is at risk. Commercial Customers whose Containers were
inaccessible at the scheduled time shall be notified by Contractor by telephone.
10.07 Holidays. Contractor may observe New Years Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day. Contractor may observe other official holidays observed
by the City. Contractor must notify City of the proposed holidays to be observed annually on
October In each year and notify the City of Georgetown of any deviations at least thirty (30)
days in advance. Upon approval by the City, Contractor may elect to provide residential service
on holidays. Suspension of service for any holiday shall not relieve Contractor of its obligation
to provide Collection service in frequencies provided for in Section 10.01 above. Should
Contractor observe the official holidays of the City, Contractor shall provide Collection service
to Customers one day after their normal Collection day including Saturday as its catch-up day.
Contractor shall provide its Customers notification of its holiday schedule by placing an ad in the
Williamson County SUN prior to each of the affected holidays. The Customer notification
provision may be replaced by a different method as agreed to by the parties in writing.
Contractor shall operate, on a limited basis, service on holidays, to ensure essential Customers,
(i.e., restaurants, medical facilities, and other high-volume Customers) are served.
10.08 New Customers.
10.08.1 The Contractor shall furnish each new Residential Unit with one (1)
new Recycling Bin. The Contractor shall not substitute used Recycling Bins
during the term of this Contract for those originally provided to Customers. If a
Customer's Bin is in need of replacement, however, the Contractor may replace the
Bin with a used Bin if the Bin is in a condition acceptable to the ACM -U.
Customers shall be required to use Recycling Bins provided by the Contractor for
setting out Recyclable Materials for pickup.
10.08.2 For Residential Unit Customers that require service after the Effective
Date of this Contract, Contractor shall provide delivery of Containers in the
following manner: If requested before 12 p.m. on a Monday through Friday,
except holidays, Customer shall receive delivery of the Container within three (3)
business days. If requested after 12 p.m., or on a Saturday, Sunday, or holiday, the
Customer shall receive delivery of the Container within four (4) business days.
Contractor may make available an emergency delivery service but contractor shall
Last revised: 6/5/2007 22
P0not be required to deliver more than ten (10) carts per business day.
10.09 Newly Annexed Areas. For Residential Units in portions of the Contract Area that have
been newly annexed to the City, the Customers shall have the choice of immediately switching to
the Contractor, or continuing to use Solid Waste Collection contractors other than the Contractor
for a period of two (2) years after the annexation. For such areas, the City shall notify the
Contractor of the address of Residential Units to add for services under this Contract during the
two (2) year period. After the two (2) year period, the Contractor shall provide services under
this Contract for all Residential Units in such areas.
Xl. CUSTOMER COMPLAINTS
11.01 Contractor Response to Customers. Contractor shall manage Customer service activities,
including incoming phone calls, addressing concerns, and resolving issues. All Customer
suggestions, concerns, or complaints about services shall be made and routed directly to the
Contractor and shall be given prompt (i.e., calls returned within 24 -hours) and courteous
attention. In the case of alleged missed schedule collections, the Contractor shall investigate
40 and, if such allegations are confirmed, shall arrange for the Collection of the refuse not collected
within twenty-four (24) hours after the complaint is received. Unless otherwise specified in this
Contract, should the Contractor for any reason after being notified by phone fail to make any
Garbage, refuse, Rubbish, recycling, or trash pick-up or Collection, then the City without further
notice may cause the same to be picked up and disposed of and shall deduct or bill to the
Contractor the City's cost as well as bill or deduct the Contractor's pro -rata unit charge or rate
for providing the service. Contractor and City mutually agree upon a Customer complaint
resolution process the Contractor shall implement.
11.02 Complaint Resolution and Penalties
11.02.1 The Contractor will be charged an administrative penalty of not less
than $25.00 nor more than $100.00 for each Customer complaint that goes
unresolved through the process described herein. Any complaint from a Customer
that is not resolved to Customer's satisfaction shall be sent by the City to the
Contactor in the same manner as other notices required by this Contract.
Contractor shall contact the ACM -U to review the complaint within three (3)
• business days of its receipt by Contractor. Contractor shall have fifteen (15) days
Last revised: 6/5/2007 23
from the date of Contractor's receipt of the complaint (or deemed receipt) to
resolve the complaint. The City shall consider the complaint successfully resolved
if the Contractor demonstrates that it met the performance standards outlined in
Articles XII and XIII of this Contact with regard to the complaint. If the
Contractor cannot demonstrate that it met the performance standards outlined in
Articles XII and XIII of this Contract within the fifteen (15) day period, then the
complaint shall be considered by the City to be unresolved, and the ACM -U shall
have the authority to impose an administrative penalty on Contractor. The
Contractor may appeal a penalty assessment to the Georgetown Utility Systems
Advisory Board within ten (10) days of the date of the decision of the ACM -U by
filing a written notice with the ACM -U within 10 days of the date of the ACM -U's
decision. The Georgetown Utility Systems Advisory Board will hear the appeal at
its next regular meeting that is ten (10) days or more after the date the appeal notice
is filed, and make a recommendation to the City Council on the penalty. The City
Council's decision will be final.
11.02.2 Administrative penalties will be deducted from the City's payment to
the Contractor for the billing cycle following the ACM -U's determination (or the
City Council's determination if appealed). Twenty-five (25) or more unresolved
complaints for which penalties are assessed during the Primary Term or any
Additional Term of this Contract shall be a basis for Contract termination by the
City Council.
11.03 Local Customer Service Office: Telephone Contact; and Internet. In order to provide a
high quality of Customer service, Contractor shall at its own expense provide and staff an office
facility within the corporate limits of the City to receive Customer calls. The office facility shall
maintain weekday service hours from 8 a.m. - 5 p.m. In addition, Contractor shall maintain at its
own expense a dedicated, local telephone line to receive City Customer complaints or comments
from 8:00 AM until 5:00 PM, Monday through Friday and until 2:00 p.m. on Saturdays. After
5:00 PM on weekdays and 2:00 p.m. on Saturday, a voice mail or other messaging service shall
be available for Customers. The staff of said office and receiver of Customer calls shall be
employed by the Contractor. In addition, Contractor shall at its own expense maintain a
dedicated internet e-mail address to receive complaints or comments from City Customers. The
Last revised: 6/5/2007 24
City and/or Contractor shall notify all residential, commercial, and industrial Customers about
complaint procedures, rates, regulations, and days for scheduled refuse.
XII. EQUIPMENT AND PERSONNEL
12.01 Collection Equipment and Personnel. The Contractor shall:
12.01.1 provide properly trained, capable drivers with TXDOT mandated
drivers' licenses; and
12.01.2 provide properly trained and certified personnel (where certifications
are required by state or federal regulation) for the operation of the Facility;
12.01.3 ensure that all of its employees, permanent or temporary, present a neat
appearance and can be easily recognized while performing work under this
Contract. All of its collection crew members shall wear appropriate identification
badges or uniforms; and
12.01.4 ensure that any persons employed who are not United States citizens
have valid work permits; and
12.01.5 operate enclosed packer type trucks or Roll -Off trucks with suitable
tarping systems to keep the Solid Waste or Recyclable Materials from falling or
blowing from the trucks. Solid Waste or Recyclable Materials hauled by the
Contractor will be contained, tied or enclosed so that leaking, spilling and blowing
is prevented. All of the Contractor's equipment will be in good mechanical
condition and possess current federal and TXDOT certifications; and
12.01.6 provide radio communication to all trucks from a base station; and
12.01.7 utilize only that equipment approved for use under this Contract and
specified in Exhibit C to this Contract. The Contractor may make changes to the
equipment list upon written notice to the ACM -U The Contractor's fleet of
collection vehicles used toerform the Services shall not exceed an average of
P g
seven years old, as determined by date of manufacture. For the purposes of this
Section, the age of any significantly overhauled or refurbished equipment shall be
mutually agreed to by the City and Contractor. The Contractor will use only
Last revised: 6/5/2007
25
equipment manufactured by a nationally known manufacturer; and
12.01.8 keep all equipment clean and in a good state of repair; and
12.01.9 comply with the City's Noise Ordinances, as the same may be amended
from time to time; and
12.01.10 identify its vehicles and other equipment with the name, address, and
phone number of the Contractor's local office on each vehicle side so that the
information is clearly readable from a distance of 50 feet; and
12.01.11 provide access at any time when accompanied by a Contractor's
Representative for the City to inspect the equipment to ensure that all equipment
meets the requirements of this Contract and has the proper TXDOT certification;
and
12.01.12 be prohibited from using emergency brakes to stop a moving vehicle
except in cases of emergencies, and any such activity, engine braking, or "jake-
breaking" is expressly prohibited except as may be allowed by City Ordinance.
12.01.13 not leave Solid Waste that is spilled remaining when making pickups.
If the Contractor spills Solid Waste it will clean the spill by whatever means
necessary. The Contractor shall not leave the spill unattended. The Contractor will
carry absorbent to clean up liquid and hydraulic spills on all trucks. If a spill
leaves a stain on a roadway, building, or other similar surface, the Contractor will
use all reasonable means available to remove the stain and restore the facility to the
satisfaction of the ACM -U.
12.02 Designated Agent. All notices and dealings between the parties shall be directed by the
Contractor to the City Manager and the ACM -U.
XIII. BENCHMARKING AND COMPLIANCE WITH PERFORMANCE STANDARDS
13.01 Contractor (and its drivers, employees and agents) shall adhere to the following
performance standards:
13.01.1 Containers shall be replaced upright within five (5) feet of Customer's
Last revised: 6/5/2007 26
placement without obstructing traffic or damaging landscaping;
13.01.2 Dumpsters or Commercial Unit Customer's Containers shall be
replaced upright within eighteen inches ( 18") of Customer's placement without
obstructing traffic or damaging landscaping; and
13.01.3 Recycling Bins shall be placed upside down within five (5) feet of
Containers; and
13.01.4 Collection areas shall be free of litter and debris larger than three (3)
inches within a ten -foot radius of the Containers;
13.01.5 Contractor shall maintain a consistent route schedule and comply with
the provisions related to hours of service;
13.01.6 Contractor will not leave loose trash, which during Collection may fall
in the streets or property of Customers, and will collect any loose trash that is
generated during Collection operations;
13.01.7 Drivers are expressly forbidden to use their emergency brake to stop a
moving vehicle (a practice that can cause street damage) except in cases of
emergencies;
13.01.8 Contractor shall comply with the Customer complaint resolution
provisions of Article XI; and
13.01.9 In the event of equipment breakdowns, Contractor will provide
telephone message information about any delays or rescheduled services for
Customers who telephone the office;
13.01.10 Contractor will make all reasonable efforts to collect waste and
recycling regardless of barriers (i.e. blocked streets) except when the safety and
health of Contractor employees or the public is placed in danger. Contractor shall
notify City by the end of the day if service is not provided. Contractor shall allow
City to participate in any problem resolution that may be necessary. For the
purpose of Collection of Residential and Commercial Unit Customers, "reasonable
Seffort" is defined as the ability of Contractor to park the Collection truck within
Last revised: 6/5/2007 27
one hundred (100) feet from a Customer's Container; and
13.01.11 Contractor will not use vehicles that excessively leak oil, hydraulic fluid
or other substances, or present an unhygienic or unsafe appearance in the City; and
13.01.12 Collection schedules shall be consistently performed as to morning or
afternoon Collection times; and
13.01.13 The Contractor shall discontinue Solid Waste Collection services to any
location as set forth in a written notice sent to the Contactor in accordance with
Section 26.23. The Contractor shall resume Collection service at the location on
the next regularly scheduled Collection day upon written notice from the City; and
13.01.14 The Contractor shall propose and implement measures to prevent
spillage with the mode of Collection (automated/semi-automated) used by the
Contractor and Contractor shall pick up any trash blown or dropped from properly
loaded Dumpsters while being emptied by Contractor.
13.02 Methods of measuring performance standards shall include: monthly Customer
satisfaction survey calls made to fifty (50) randomly selected Customers by Contractor, video
tape reviews of service delivery, Customer communication records, service monitoring,
operational records and employee interviews.
XIV. REPORTS
14.01 Contractor shall provide the following reports to City in a mutually agreed upon format:
14.01.1 monthly Customer contact reports with itemized detail regarding the
nature of all comments, concerns, and complaints, and the time and manner in
which they were resolved by Contractor;
14.01.2 for Contractor -Billed Tier III Customers, monthly reports indicating
type of services provided, response times, new services, number of Customers by
type (residential or commercial); and
14.01.3 monthly report of routes and route times, including an explanation of
delays, barriers, etc.; and
Last revised: 6/5/2007 28
14.01.4 quarterly report on services provided to the City for city
owned/operated facilities and Special Events; and
14.01.5 additional services and charges provided to Customers;
14.01.6 a monthly report detailing the number of Rolloff Containers, Rolloff
Compactors, and Front Load Compactors for the preceding month, and specifying
number of such Customers by type and size of Rolloff Container, Rolloff
Compactor, or Front Load Compactor, and
14.01.7 monthly reports detailing use of the Collection Station , including the
type of Customer (Tier I, Tier II or Tier III); type of material; volume of material;
date of service, and amount of payment from Customer; and
14.01.8 copies of all TCEQ permits, and correspondence to or from the TCEQ
relating to the Facility, if such is not already addressed or copied to the City.
14.02 Contractor shall provide other reports as mutually agreed upon by the parties.
Xv. BASIS AND METHOD OF PAYMENT
15.01 Billing Services.
15.01.1 The City shall be responsible for billing and collection of Customer
accounts for Tier I and Tier II Customers, and any Tier III Customers who request
or contract for service with the City (the latter category of Customers being
referred to herein as "City -Billed Tier IH Customers.") Notwithstanding
anything to the contrary herein, all Municipal Utility Districts (MUDs) with whom
the City has a Consent Agreement or other contractual relationship, or customers
who reside in such MUDS shall be City -Billed Tier III Customers. City shall have
sole rights and responsibilities pertaining to the establishment, maintenance,
collection, of such accounts, including the management of past due accounts from
Tier I, Tier II and City -Billed Tier III Customers.
15.01.2 Contractor shall be responsible for billing and collection of Customer
• accounts for its Roll -Off services, Roll -Off compactor services, and Front Load
compactor Customers. Contractor shall also be responsible for billing and
Last revised: 6/5/2007 29
collection of those Tier III Customers that were in existence before the Effective
Date of this Contract ("Existing Tier III Customers") and any new Tier III
Customers who request or contract for services directly with Contractor (the latter
category of Customers being referred to herein as the "New Contractor -Billed
Tier III Customers"). Contractor shall have sole rights and responsibilities
pertaining to the establishment, maintenance, collection, of such accounts,
including the management of past due accounts.
15.02 Payment.
15.02.1 For Basic and Additional services provided by Contractor to Tier I,
Tier II, and City -Billed Tier III Customers, the City shall pay to the Contractor the
amount per Customer shown in Exhibit A upon receipt of payment by such
customers for such services. City shall be entitled to retain the remaining fees
collected from such Customers.
15.02.2 For Basic and Additional services provided by Contractor to Existing
Tier III Customers and Contractor -Billed Tier III Customers, the Contractor shall
provide monthly reports to the City stating number of Existing Tier III and
Contractor -Billed Tier III Customers and including sufficient detail for the City to
determine the number and level of Tier III Customers. Contractor shall be entitled
to retain all fees collected from such Customers, except as otherwise provided by
Section 15.02.3 and 15.03, below.
15.02.3 Contractor shall pay to the City $2.60 per month for each Commercial
Containers, Rolloff Containers, Rolloff Compactors, Front Load Customer and any
other Contractor Billed Tier III Customer account serviced through the Transfer
Station beginning from the start date of this contract and thereafter. The payment
to the City shall be delivered to the ACM -U on a monthly basis, and shall include a
statement setting forth the calculations of the amount of such payment.
15.03 Collection Station Use, Operation and Management. City shall pay to Contractor the
SIXTY FIVE THOUSAND DOLLARS ($65,000) per City fiscal year for the management and
operation of the Collection Station in accordance with the terms of this Contract. Contractor has
represented and warranted to the City that said amount is below Contractor's actual cost of
Last revised: 6/5/2007 30
managing and operating the Collection Station in accordance with the terms and conditions of
this Contract; therefore, the City agrees that as additional consideration, for the Primary Term of
this Contract, Contractor shall be allowed to retain all fees paid by all Tier I and Tier II
Customers using Rolloff Containers, Rolloff Compactors, and Front Load Compactors; and all
fees paid by Customers at the gate of the Collection Station (less sales taxes, which shall be
collected and remitted to the City), but less fifteen percent (15%) of the fees charged to Tier III
Customers for use of the Collection Station . Fees for use of the Collection Station during any
Additional Term shall be based on a review by the City of Contractor's records and reports
pertaining to the source, volume, and processing of waste at the Collection Station and the effect
of same on the rates set forth on Exhibit B.
15.04 Fuel. City shall allow Contractor to purchase fuel from the City at the City's wholesale
rate. There shall be an annual fuel cost Adjustment calculated as set forth herein. The
Adjustment shall be calculated as follows.
Adjustment= [(Contracted Fuel Price) —(Average Fuel Price) cry r] a Total Gallons crux
Where:
(Contracted Fuel Price) = the Actual cost of Fuel at the starting date of the contract and as
adjusted annually for each subsequent City fiscal year.
(Average Fuel Price)cry r = the total sum paid to the City for fuel in City Fiscal Year Y,
divided by the number of gallons of fuel purchased by Contractor from the City in City
Fiscal Year Y.
CFY = City Fiscal Year = The period beginning on October 1 of each calendar year, and
ending on September 31 of the following calendar year.
CFY X = City Fiscal Year X = is the current fiscal year for each year of the Contract.
CFY Y = City Fiscal Year Y = the City Fiscal Year preceding FY X. The City fiscal year
begins on October I of each calendar year, and ends on September 31 of the following
calendar year.
Total Gallons = the total number of gallons of fuel for Contractor's fleet vehicles fueled at
the City's fuel station based on City records, plus the total number of gallons from transfer
Last revised: 6/5/2007 31
trailer trucks that are used to provide Services under this Contract that are not fueled at the
City's fuel station, based on records provided by the Contractor the City in sufficient detail
to demonstrate that the fuel is related to services under this Contract.
The Adjustment shall be calculated on December 1 of each calendar year of the Contract. If the
amount of the Adjustment is positive, then City shall pay to Contractor the amount of the
Adjustment on or before December 31 of each calendar year of this Contract. If the amount of
the Adjustment is negative, then Contractor shall pay to the City amount of the Adjustment on or
before December 31 of each calendar year of this Contract.
15.05 Labor Costs. Beginning on October 1, 2008 and on October I" of each year thereafter,
during a term of this Contract, the fees paid by City to Contractor under this Contract shall be
annually adjusted to reflect the net percentage change from the previous year in the Consumer
Price Index for Urban Wage Earners and Clerical workers (Current Series), U.S. All Items, Base
Period 1982-84=100; as published by the United States Department of Labor, Bureau of Labor
Statistics. The fee may be increased in a percentage amount equal to 90 percent of the net
percentage change of the All Items Index, but in no event shall exceed 3.2% annually. 4b
Contractor will send the City a comparative statement setting out any annual change as outlined
above.
15.06 Other Rate Adiustments. Beginning after October 1, 2008, but in no event more
frequently than once per City fiscal year, Contractor may also petition the City, in writing, for an
increase in the charges shown n Exhibit A, by submitting any such request to the City in the same
or similar format as Exhibit A. Factors to be considered in determining whether or not a rate
increase is justified shall be as follows:
15.06.1 Documented increases in costs of equipment, insurance, taxes, disposal
fees, or other overhead items; or
15.06.2 Documented costs of compliance with new laws, regulations, or
requirements of Federal, state, or local regulatory authorities enacted or becoming
effective after the date of execution of this agreement (excluding penalties, fines
and costs of correcting non -compliances or violations);
15.06.3 Contractor shall submit financial and accounting data to the City, which
substantiates its request for a rate increase.
Last revised: 6/5/2007 32
15.06.4 City shall have sixty (60) days after filing of such request in which to
grant or deny any rate increase. Failure of City to act within the sixty (60) days
shall, as described above, be construed as a denial of such request.
15.07 Time of Payment to Contractor. Unless otherwise agreed to in writing by the Parties, the
City shall pay the Contractor for all services rendered to Customers at the rates and upon the
terms as provided in this Contract based on the City's records of Customer account activity.
Payments will be transmitted by the City to the Contractor monthly on the 15th day of the month
following the last day of the end of the prior month.
15.08 Records Review. The City shall have the right, upon reasonable notice, to request and
inspect Contractor's original Contract -related records to verify proper invoicing procedures.
Said records shall be made available at Contractor's local offices from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
15.09 State Sales Tax. Contractor shall prepare and remit to the State of Texas all required
sales tax reports and payments on a quarterly basis.
XVI. WARRANTIES
16.01 Contractor warrants and represents that it is qualified to engage in the business of
municipal Solid Waste Collection and disposal and in the business of recycling. In the event that
certain certification or licensing is necessary as a result of state or federal law to perform the
services to be provided, Contractor agrees to secure certification or license within the prescribed
time frame set by the certifying or licensing entity.
16.02 In performing all services required of it under this Contract, Contractor shall comply with
all applicable federal, state, county, and city statutes, ordinances, laws, and regulations.
16.03 Contractor covenants and agrees that it shall neither cause, suffer, allow or permit the
occurrence of any act or omission may be or could result in or give rise to any violation of any
federal, state, or local law, regulation, ordinance, licensing, or permitting requirement of which
act or omission might give rise to any action at law or equity for' personal injury or wrongful
death or for damage to property. Specifically, Contractor agrees to comply with the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, and, in
addition, with pertinent provisions of both the Texas Solid Waste Disposal Act and the Texas
Last revised: 6/5/2007 33
Water Code and their amendments and with other applicable federal, state, and local statutes,
laws, ordinances, and regulations.
16.04 City warrants and represents that it shall timely perform its obligations hereunder and
shall at no time request Contractor to take any action with regard to waste disposal services
which would or could violate any federal, state, county, and/or city statutes, ordinances, laws,
regulations, licensing or permitting requirement(s).
16.05 The parties hereto warrant and represent that they have taken all actions which are
necessary and/or provided for' in accordance with all federal, state, and local statutes, laws,
ordinances, and regulations to legally enter into and execute this agreement so as to render the
same effective and binding upon the themselves under the terms and conditions stated herein.
XVII. INDEMNITY
17.01 Contractor agrees to and shall INDEMNIFY AND HOLD HARMLESS City, its
officers, agents and employees, from and against any and all claims, losses, damages,
administrative penalties, fines, causes of action, suits and liability of every kind, including
all expenses of litigation and administrative enforcement actions, court costs, and
attorney's fees, for injury to or death of any person, or for damage to any property, arising
out of or in connection with the work done or services provided by Contractor under this
Contract. Such indemnity is intended by Contractor to provide protection to the City to
the maximum extent allowed by law, save and except any damage caused by City's
negligence for actions other than the awarding, oversight, monitoring, enforcement, acts,
omissions or actions under this Contract.
17.02 Contractor assumes full responsibility for the work and services to be performed
hereunder, and hereby holds harmless and indemnifies City, its officers, agents and
employees, from all claims, demands, and causes of action of every kind and character
including the cost of defense thereof, for any injury to, including death of person (whether
they be third persons, contractor, or employees of either of the parties hereto) and any loss
of or damage to property (whether the same be that either of the parties hereto or of third
parties) caused by or arising out of, or in connection with Contractor's work or services to
be performed hereunder whether or not said claims, demands and causes of action in whole
or in part are covered by insurance, save and except any damage caused by City's
Last revised: 6/5/2007 34
negligence for actions other than the awarding, oversight, monitoring, enforcement, acts,
omissions or actions under this Contract.
17.03 Contractor shall indemnify, defend, with counsel to be agreed upon by both parties,
protect and hold harmless the City, its officers, employees, agents, assigns, and any
successor or successors to the City's interest from and against all claims, actual damages
(including but not limited to special and consequential damages), natural resources
damages, punitive damages, injuries, costs, response, remediation and removal costs, losses,
demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings,
interest, fines, charges, penalties and expenses (including but not limited to attorneys' and
expert witness fees and costs incurred in connection with defending against any of the
foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered
by, or asserted against, the City or its officers, employees or agents arising from or
attributable to any repair, cleanup, or detoxification, or preparation and implementation of
any removal, remedial, response, closure, or other plan (regardless of whether undertaken
due to government action) concerning any solid waste, hazardous substance or hazardous
aswastes transported by Contractor or at any disposal or processing facility where solid
waste is or has been transported, transferred, processed, stored, disposed of, or has
0
otherwise come to be located by Contractor or its agents pursuant to an agreement
resulting in a release of any hazardous substance into the environment. Without limiting
the substance of this indemnification, the foregoing indemnity is intended to operate as an
agreement pursuant to 107(e) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9607(e), and Texas Solid Waste
Disposal Act (TSWDA), Tex. Health & Safety Code ch. 361; to defend, protect, hold
harmless) and indemnify the City from all forms of liability under CERCLA, TSWDA and
other applicable federal or state statutes or common law for any and all matters addressed
in this Article.
17.04 The Contractor shall be responsible for transportation, storage, and disposal of waste in
violation of any applicable laws or regulations. Contractor shall also be liable for injuries to any
person and damage to any property, including City -owned property, caused by willful wrongful
or negligent acts related to the Contractor's operations and activities under this Contract.
Last revised: 6/5/2007 35
XVIII. LICENSES AND TAXES
The Contractor shall obtain all licenses and permits and promptly pay all taxes required by the
City and State, except State Sales Taxes which shall be collected by the City and remitted to the
State.
XIX. INSURANCE
19.01 Contractor shall procure and maintain at its sole cost and expense for the duration of the
agreement insurance against claims for injuries to person or damages to property which may
arise from or in connection with the performance of the work hereunder by Contractor, his
agents, representatives, volunteers, employees or subcontractors. Contractor's insurance will
include contractual liability coverage recognizing this Contract, products and completed
operations liability.
19.02 The Contractor's insurance coverage shall be primary insurance with respect to the City,
its officials, employees, and agents. Any insurance or self-insurance maintained by City, its
officials, employees, or agents, shall be considered in excess of the Contractor's insurance and
shall not contribute to it.
19.03 The Contractor shall include all subcontractors as additional insured under his policies or
shall furnish separate certificates and endorsements for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
19.04 Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences. All Certificates of Insurance shall meet the following
requirements. All Certificates of Insurance shall be prepared and executed by the insurance
company or its authorized agent, and shall contain provisions warranting the following:
19.04.1 The company is licensed and admitted to do business in the State of
Texas.
19.04.2 The insurances set forth by the insurance company are underwritten on
forms which have been approved by the Texas State Board of Insurance or ISO.
19.04.3 Sets forth all endorsements and insurance coverage according to •
requirements and instructions contained herein.
Last revised: 6/5/2007 36
19.04.4 Shall specifically provide that the City shall given a minimum of thirty
(30) days written notice by the insurance company prior to cancellation,
termination, or change in such insurance.
19.05 In addition, the Certificates of Insurance shall state any original endorsements affecting
coverage required by this section.
19.06 For the purpose of this Contract, the Contractor shall at all times carry and provide the
City with evidence of the following types of insurance in at least the limits specified below:
Coverages Limits of Liability
1. Comprehensive and General Public Liability $1,000,000 per occurrence
2. Comprehensive Automobile Liability
Bodily Injury
Property Damage
3. Workers Compensation
4. Property Damage Liability
$1,000,000 aggregate
$2,000,000 per occurrence
$500,000 per occurrence
Statutory
$1,000,000 per occurrence
$1,000,000 aggregate
19.07 The following general requirements are applicable to all policies:
19.07.1 General Liability, Automobile Liability, and Property Damage Liability
insurance shall be written by a carrier with an A:VIII or better rating in accordance
with the current Best Key Rating Guide. The A or better rating shall be maintained
during the Contract term; the VIII or better rating shall be maintained unless such
coverage is not available in the marketplace.
19.07.2 Only insurance carriers licensed and admitted to do business in the State
of Texas shall be accepted.
19.07.3 Deductibles are acceptable only on a per occurrence basis for property
damage only. Contractor shall notify City of any deductible amount in writing, and
Last revised: 6/5/2007 37
shall notify the City of any changes in the deductible amount.
19.07.4 The City shall be added as "Additional Insured" to the General
Liability, Property Damage Liability, and the Automobile Liability policies. The
coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees, or agents whose names are provided to the
Contractor.
19.07.5 Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, or reduced in coverage or in limits except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City.
19.07.6 Upon request, certified copies of pertinent provisions of all insurance
policies shall be furnished to the City.
19.08 In addition to the above referenced coverage, the following provisions for the
Comprehensive and General Public Liability Policy shall be required:
19.08.1 Coverage shall be at least as broad as Insurance Service's Office form
number CG 00 01.
19.08.2 No coverage shall be deleted from the standard policy without
notification of individual exclusions being attached for review and acceptance.
19.09 In addition to the above referenced coverage, the following provisions for the Workers'
Compensation shall be required:
19.09.1 Texas Waiver of Our Right to Recover From Others Endorsements, W
42 03 04 shall he included in this policy.
19.09.2 Texas must appear in Item 3A of the Workers' Compensation coverage
of Item 3C must contain the following: all States except those listed in Items A
and the States of NV, ND, OH, WA, WV, WY.
19.10 The City may review the policy limits of the insurance required by this Contract at the
end of the primary term of this Contract and prior to any renewals and extensions of this
Last revised: 6/5/2007 38
i
Contract. At such times, the City may require that the policy limits of the Contractor's insurance
be adjusted, provided that such limits are available.
XX, ASSIGNABILITY OF CONTRACT
20.01 Contractor shall not assign, sublet or transfer any rights under or interest in whole or in
part in this agreement without the express written consent of the City, except to the extent that
any assignment, subletting or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary, in any written consent to an
assignment, no agreement shall release or discharge the assignor from any duty or responsibility
under this agreement. Contractor may, with the City Manager or his designee, perform the work
and services required hereunder by and through any related entity of Contractor or its parent
company.
20.02 Nothing under this agreement shall be construed to give any rights or benefits in this
agreement to anyone other than the City and Contractor, and all duties and responsibility
undertaken pursuant to this agreement shall be for the sole and exclusive benefit of the City and
asContractor and not for the benefit of any other party.
XXI. PERFORMANCE BOND
Within ten (10) days of City Council approval of this Contract, and annually thereafter, the
Contractor shall furnish to the City a Performance Bond in an amount equal to $200,000.00
Premiums for the bond described above shall be paid by the Contractor. A certificate from the
surety showing that the bond premiums are paid in full shall accompany the bond. The surety on
the bond shall be a duly authorized corporate surety company authorized to do and licensed to do
business in the State of Texas. Attorneys in fact who sign performance bonds or contract bonds
must file with each bond a certified and effectively dated copy of their power of attorney.
XXII. NATURE OF CONTRACT
22.01 Subject to the provisions of the City Charter and the City's Code of Ordinances, and
except as otherwise provided in this Contract, the Contractor shall have the sole and exclusive
right under Texas Health and Safety Code Chapter 364, to provide curbside residential and
nonresidential Solid Waste Collection and disposal services and curbside residential recycling
services within the corporate limits of the City for the tens of this Contract and all renewals
Last revised: 6/5/2007 39
hereof. Except as expressly allowed herein, the City further agrees that so long as Contractor is
not in default hereunder the City shall not enter into an agreement with another firm, person, or
corporation for the performance of such services during the term hereof.
22.02 It is expressly understood and agreed by Contractor that it shall not have an exclusive
right to provide Commercial Unit recycling services within the corporate limits of the City and
that other service providers may provide those services.
22.03 The City authorizes Contractor to report alleged violations of the Contractor's rights
under this Contract by Customers to the City's Code Enforcement Department for the City's
subsequent investigation and prosecution (if warranted).
XXHI. OWNERSHIP
The Contractor accepts title to all Solid Waste and Recyclable Materials, other than
Unacceptable Waste, placed in the Contractor's Collection vehicles, removed by the Contractor
from Dumpster, Recycling Bin or Container, removed by the Contractor from the Customer's
premises or disposed of by Customer at Collection Station and/or Transfer Station managed by
Contractor. The City does not accept ownership or title to any such items. Title to the Solid
Waste, Recyclable Materials, and other materials to be collected under the term of this Contract
shall pass to the Contractor when such is removed from a Bin or a Container, or from Customer's
premises, whichever occurs later. All materials collected for disposal by the Contractor shall be
hauled to and disposed of at a state licensed or permitted Disposal Site.
24.01 Failure by either party to this Contract to perform any of its provisions will constitute a
breach of Contract, in which case, either party may require corrective action within ten (10) days
if public health and safety is affected and otherwise within thirty (30) days from date of receipt
of written notice citing the exact nature of such breach. Failure to take corrective action or
failure to provide a satisfactory written reply excusing such failure within the prescribed ten days
will constitute a default of Contract. The defaulting party will be given a Twenty (20) day period
within which to show cause why the Contract should not be terminated for default. The City
Council may take whatever action as its interest may appear, resulting from such notice. The
City reserves the right to enforce the performance of the Contract in any manner prescribed by
law in the event of breach or default of the Contract, and may contract with another party with or
Last revised: 6/5/2007 40
without solicitation of proposals or further notification to the Contractor. At a minimum, the
Contractor will be required to pay any difference in the cost of securing the services covered by
this Contract, or compensate for any loss or damage to the City derived hereunder should it
become necessary to contract with another source because of this default, plus reasonable
administrative costs and attorney's fees. In the event of termination, the City, its agents or
representatives, will not be liable for loss of any profits anticipated to be made under this
Contract.
24.02 The City reserves the right to terminate this Contract upon thirty (30) days written notice
resulting from any governmental law, regulations, or court order. In the event of such
termination, the City will pay the Contractor those costs directly attributable to work done or
supplies obtained in preparation for completion or compliance with this Contract prior to
termination. Provided, however, that no costs will be paid which are recoverable in the normal
course of doing business in which the Contractor is engaged, or costs which can be mitigated
through the sale of supplies or inventories. In the event City pays for the cost of supplies or
materials obtained for use under this Contract, these supplies or materials will become the
asproperty of City and will be delivered to the City at the place designated by the ACM -U. The
City will not be liable for loss of any profits anticipated to be made under this Contract.
XXV. FUNDING AVAILABILITY
Funds for payment for the services described in this Contract have been provided through the
City budget approved by City Council for the current fiscal year only. State statutes prohibit the
obligation and expenditure of public funds beyond the fiscal year for which a budget has been
approved. However, the cost of services covered by this Contract is considered a recurring
requirement and is included as a standard and routine expense of the City to be included in each
proposed budget within the foreseeable future. The City expects this to be an integral part of
future budgets to be approved during the period of the Contract. However, the City cannot
guarantee the availability of funds, and enters into the Contract only to the extent such funds are
made available. The fiscal year for the City extends from October 1st of each calendar year to
September 30th of the following calendar year.
XXVI. MISCELLANEOUS PROVISIONS
0 26.01 Gratuities. The City may terminate this Contract if the City finds that gratuities (in the
Last revised: 6/5/2007 41
form of entertainment, gifts or otherwise) were offered or given by the Contractor or any agent
or representative of the Contractor, to any officer or employee of the City to secure favorable
treatment with respect to the awarding, amending, or making of any determination with respect
to the performance of this Contract. In the event this Contract is terminated under this section,
the City may collect, in addition to any other damages or remedies to which it may be entitled by
law, exemplary damages in an amount not less than three nor more than ten times the value of
the gratuity offered or given to any city officer or employee.
26.02 Nondiscrimination. In performing the services required under this Contract, the
Contractor will not discriminate against any person on the basis of race, color, religion, sex,
national origin, age or disability. The Contractor will comply with all laws and regulations
prohibiting discriminating against employees or prospective employees because of age, religion,
race, color, sex, disability, or national origin. The Contractor will submit reports at the City's
request to assure compliance.
26.03 Construction. All references in this Contract to any particular gender are for convenience
only and will be construed and interpreted to be of the neuter gender. The term "will" is
mandatory in this Contract.
26.04 Texas Law to Apply. This agreement shall be construed under and in accordance with
the laws of the State of Texas.
26.05 Entire Contract. This Contract and the instruments called for by this Contract constitute
the whole agreement of the parties and supersede any commitment, agreement, memorandum, or
understanding previously made by the parties or any of those with respect to the subject matter of
this Contract. Any oral representations or modifications concerning this instrument shall be of
no force or effect and this agreement may not be amended except by a subsequent modification
in writing, signed by the parties hereto or by ordinance adopted by the City modifying the rates
shown on Exhibit A.
26.06 Severability. If any part of this agreement for any reason is declared invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or inability to enforce shall not affect the
validity of any remaining portion thereof, which remaining portion shall remain in force and
effect as if this agreement had been executed with the invalid, illegal, or unenforceable portion
thereof eliminated. It is hereby declared the intention of the parties that they would have
Last revised: 6/5/2007 42
executed the remaining portion of this agreement without including any such part, parts or
portions which may, for any reason, be hereafter declared invalid, illegal, or unenforceable.
26.07 Survival of Covenants and Conditions. It is expressly agreed that all covenants and
conditions relating to the rights and obligations of the parties hereto subsequent to the
termination of this Contract shall survive the termination and shall continue in full force and
effect in accordance with the terms of the specific provision.
26.08 Waiver. Any waiver by any party of a breach of any provision of this Contract shall not
operate as or be construed as a waiver of any other breach of such provision or of any breach of
any other provision of this Contract. The failure of a party to insist upon strict adherence to any
term of this Contract on one or more occasions shall not be considered a waiver or deprive that
party of the right thereafter to insist upon strict adherence to that term or any other term of this
Contract. Any waiver must be in writing and signed by a duly authorized representative of the
waiving party.
26.09 Counterparts. This Contract may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. This Contract shall not become effective until it is executed by both parties to this
Contract.
26.10 Binding Effect. This Contract shall be binding upon and inure solely to the benefit of the
parties hereto, and their respective successors, legal representatives, heirs, and permitted assigns,
and no other person shall have any legal or equitable right, remedy, or claim under' or in respect
of or by virtue of this Contract or any provision herein contained.
26.11 Duty to Report Changes in Financial Viability. Contractor authorizes the City to review
the Contractor's annual audited financial statements in Contractor's corporate office twice each
year. Contractor shall make said financial records available to the City during Contractor's
normal business hours or at a time mutually agreed upon by the Contractor and City Manager or
his designee. In addition, Contractor has a fiduciary responsibility to immediately notify City of
any financial or other circumstance that may compromise Contractor's ability to perform under
this Contract or any act that may materially impact Contractor's actions under this Contract.
City will maintain the proprietary nature and confidentiality of Contractor's financial
• information, subject to the requirements of the Public Information Act.
Last revised: 6/5/2007 43
26.12 Remedies. The remedies provided to the parties by this Contract are not exclusive or
exhaustive, nor cumulative of each other and in addition to any other rights and remedies
provided by law and under' this Contract including the right of specific performance and offset.
Payment made to Contractor by the City shall not denote acceptance of the work.
26.13 Prior Contracts Superseded. This Contract constitutes the sole and only Contract of the
parties hereto and supersedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter.
26.14 Attorney's Fees and Cost. Should the City or Contractor find it necessary to file suit to
enforce the terms of this Contract, the prevailing party is entitled to receive, upon judgment
rendered against the other party, such sums as the court may deem reasonable as attorney's fees
and costs of court for that action.
26.15 Independent Contractor. The parties agree that Contractor shall be deemed an
independent Contractor and not an agent or employee of the City with respect to its acts or
omissions hereunder The parties agree that the services and activities performed under this
Contract are not and shall not be construed as a joint venture or partnership between the parties.
26.16 Place of Performance. This Contract has been made under and shall be governed by the
laws of the State of Texas. The parties agree that performance and all matters related thereto
shall be in Williamson County, Texas.
26.17 Captions. The paragraph headings contained herein are for the convenience only and are
not intended to define or limit the scope of any provisions of this Contract.
26.18 Binds Heirs, Successors, and Assigns. The City and Contractor and their partners,
successors, executors, and administrators are hereby bound to the terms and conditions of this
Contract.
26.19 Rights of Review and Audit. The City may review any and all of the services performed
by the Contractor under this Contract. The City retains the right to audit all of the Contractor's
billings related to the performance of this Contract. Contractor agrees to retain such records for
a minimum of three (3) years following completion of the Contract.
26.20 Force Ma'e� ure. City or Contractor shall not be required to perform any term, condition, 0
Last revised: 6/5/2007 44
or covenant in this Contract so long as such performance is delayed or prevented by force
majeure, which shall mean acts of God, civil riots, floods, and any other cause not reasonably
within the control of the City or Contractor.
26.21 Rights of Assurance. Whenever one party to this Contract in good faith has reason to
question the other party's intent to perform, he may demand that the other party give written
assurance of his intent to perform. In the event that a demand is made and no assurance is given
within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
26.22 Exhibits. All exhibits attached to the Contract are hereby incorporated by reference for
all purposes and expressly made part of this Contract as if copied verbatim.
26.23 Notices. Any notice or other communication required or permitted by this Contract is
effective when in writing and (a) personally delivered either by facsimile (with electronic
information and a mailed copy to follow) or by hand or (b) three (3) days after notice is
deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested,
and addressed as follow:
Notices to Contractor shall be sent to:
Bob Gregory
Texas Disposal Systems. Inc.
P.O. Box 17126
Austin. Texas 78760
Notices to the City shall be sent to:
City Manager
City of Georgetown. Texas
P.O. Box 409
Georgetown. Texas 78627-0409
The parties may consent to a different address for notices from time to time in writing signed by
both parties hereto.
• 26.24 List of Exhibits. The following exhibits are attached hereto and incorporated herein by
Last revised: 6/5/2007 45
reference for all purposes as if set forth in full:
Exhibit A = Charge to City for Hauling
Exhibit B = Charge to City for Facility
Exhibit C = Diagram of Facility
Exhibit D = Payment Schedule
Executed in multiple copies, each of which shall be deemed to be an original.
SIGNED this _ day of
CITY OF GEORGETOWN, TEXAS
By:
Mayor
ATTEST:
LE
City Secretary
APPROVED AS TO FORM:
By:
City Attorney
2007
TEXAS DISPOSAL SYSTEMS, INC.
ATTEST:
Bob Gregory, President
Corporate Secretary
APPROVED AS TO FORM:
Corporate Counsel
Last revised: 6/5/2007 46
0
•
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON )
The foregoing instrument was acknowledged before me this _ day of ,
2007, by in his capacity as Mayor of the City of Georgetown, a Texas
home -rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS )
COUNTY OF TRAVIS )
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me this _ day of
'2007, by Bob Gregory, in his capacity as President of Texas
Disposal Systems, Inc., a Texas corporation, on behalf of said corporation.
Notary
Last revised: 6/5/2007
Public, State of Texas
47
Exhibit A - Rates
NOTE: The rates set out on this Exhibit A are the rates to be charged to the City. Rates to be
charged to the Customer shall be established by City Ordinance.
0
Exhibit A
Page A-1
•
Exhibit B
Page B-1
Exhibit B -
EXHIBIT A
EXH131'. 4
Proposed Wholesale Municipal Rates
From
Texas Disposal Systems
6/6/2007
Other Information:
subscription recycling rate is $5.35 Tier 3 Customers
Additional trash pickup rate - $25 per service call - up to 5 bags
Bulky Waste additional collections beyond quarterly, pick up or T2 anytime - $25 per cu/yard
Tier 3 Rates are market based rates and are subject to change with market conditions
(T2) available at $25/cu.yd. scheduled
•
-6655569 6/6/2007 1/4
(Tier 3)
Residential Rates
(Tier 1)
(Tier 2)
non Utility
Inside
ETJ
Outside ETJ
Cart(s)
th i
Utility Customer
Trash Only Mand Rec
1 Cart plus 5 bags 1xweek
$8.93
$10.99
$14.93
$15,00
36, 65, or 96 gallon container
includes lawn wastes
Quarterly Bulky Waste Curbside
$0.46
NA
NA
Curbside Reycling
$2.16
$2.16
$2.40
Mandantory/2nd bin free
City Facilities listed in contract
$0.17
$0.17
Events Billed Separately
City Public Recycing Areas
$0.06
$006
Contract Cost for Service
$11.78
$13.38
$14.93
$17.40 I
Other Information:
subscription recycling rate is $5.35 Tier 3 Customers
Additional trash pickup rate - $25 per service call - up to 5 bags
Bulky Waste additional collections beyond quarterly, pick up or T2 anytime - $25 per cu/yard
Tier 3 Rates are market based rates and are subject to change with market conditions
(T2) available at $25/cu.yd. scheduled
•
-6655569 6/6/2007 1/4
EXHIBIT A
Commercial Container -Monthly
Rates
Chare
Tier 1
Inside the City
40 3 Cu Yd
Cont Size
1X
2X
3X
4X
5X
6X
2 Cu Yd
$ 35.32
$ 86.19
$ 140.18
$ 184.50
$ 227.55
-
3 Cu Yd
$ 49.51
$ 96.52
$ 152.58
$ 197.89
$ 240.98
-
4 Cu Yd
$ 61.11
$ 105.99
$ 156.16
$ 203.55
$ 250.70
6 Cu Yd
$ 74.69
$ 134.75
$ 201.38
$ 262.44
$ 326.16
$ 352.78
8 Cu Yd
$ 89.40
$ 157.53
$ 226.74
$ 288.18
$ 326.89
$ 392.34
10 Cu Yd
$ 104.11
$ 190.82
$ 269.51
$ 342.92
$ 408.32
$ 467.07
$ 117.00
$ 156.00
$ 195.00
Tier
ETJ Utility
Customer
$ 104.00
ContSize
1X
2X
3X
4X
5X
6X
2 Cu Yd
$ 53.61
$ 99.49
$ 191.25
$ 237.15
76.00
-
3 Cu Yd
$ 61.63
$ 109.58
$ 160.00
$ 210.42
$ 260.84
-
4 Cu Yd
$ 65.59
$ 119.76
$ 174.72
$ 229.67
$ 284.62
6 Cu Yd
$ 82.06
$ 142.04
$ 206.07
$ 270.10
$ 334.14
$ 398.17
8 Cu Yd
$ 91.33
$ 166.23
$ 241.12
$ 316.00
$ 390.90
$ 465.78
10 Cu Yd
$ 106.66
$ 196.87
$ 287.08
$ 377.29
$ 467.50
$ 557.71
Tier 3
Non Utility
Customer
Cont Size
1X
2X
3X
4X
5X
6X
2 Cu Yd
$ 63.07
$ 117.05
$ 225.00
$ 278.98
-
3 Cu Yd
$ 72.50
$ 128.92
$ 188.24
$ 247.55
$ 306.87
-
4 Cu Yd
$ 77.17
$ 140.89
$ 205.55
$ 270.20
$ 334.85
6 Cu Yd
$ 96.54
$ 167.11
$ 242.44
$ 317.77
$ 393.10
$ 468.43
8 Cu Yd
S 107.45
$ 195.56
$ 283.67
$ 371.77
$ 459.88
$ 547.98
10 Cu Yd
$ 125.48
$ 231.61
$ 337.74
$ 443.87
$ 550.00
$ 656.13
Tier 3 Rates are market rates and are subject to change with market conditions
Commercial Container - Extra Pickuos
Cont Size
Chare
2 Cu Y
$35
40 3 Cu Yd
$45
4 Cu Yd
$50
6 Cu Yd
$50
8 Cu Yd
$60
10 Cu Yd
$75
•
Commercial Recvclina Container
$105 per month - 1-8yd 1x per week, $90 per month 1-8yd every other week, $75 per month 1-8yd once monthly
Commercial Containers
Frontload Compactors -
Service rates and rental cost to be negotiated between Customer and TDS
Special Paint -
Customer must furnish
the paint; plus $120 fee per container
Lockbars
$10/month
Casters
$10/month
Commercial Service Carts
Carts
1x
2x
3x
4x
5x
1 Cart
$
15.50
$ 35.00
$ 58.50
$ 78.00
$ 97.50
2 Carts
$
31.00
$ 70.00
$ 117.00
$ 156.00
$ 195.00
3 Carts
$
46.00
$ 104.00
$ 174.50
$ 233.00
$ 291.50
4 Carts
$
61.00
$ 138.00
$ 232.00
$ 310.00
$ 388.00
5 Carts
$
76.00
$ 172.00
$ 289.50
$ 387.00
$ 484.50
Note,
Multiple frequency available in central business district only
-6655569 6/6/2007 214
Commercial Service Cart Recycling
65 gallon cart for commingled
office paper, newspaper, aluminum, PET 1 & 2
Pallet Recycling
$5 each with a minimum of 15 pallets
EXHIBIT A
Cart Rental/Mo
$ 8.00
1st Cart Service Additional Cart
$ 30.00 $ 20.00
Rolloff Fees
Tier 1 and 2
Cont Size
TypeuHa
I Cha
Rental Charge
20 Cu Yd
Open top
$340
$3.10 per day
30 Cu Yd
Open top
$370
$3.10 per day
40 Cu Yd
Open top
$403
$3.10 per day
Tier 3 Rates are market rates and are subject to change with market conditions
Compactor Fees
Tier 1 and 2
35 Cu Yd
Compactor
$419
rental rates to be negotiated based on equipment
specifications, installation, service, etc.
40 Cu Yd
Compactor
$451
$130.00 per month - container charge only
Delivery - all Containers
$ 88.40
Tier 3 Rates are market rates and are subject to change with market conditions
Roll -off Special Waste - Sludge
Cont Size Haul Charge Disposal Chmae
20 Cu Yd Dewatered biosolids $375 per haul $12 per cubic yard
Spoils Management Services
Spoils materials handling on site $ 4.00 Cu Yd
Vegetative Cover to be priced separately
Brush Management Services
Grinding $ 2.00 Bulk Cu Yd
Transport and Recycle Organic Waste $ 7.20 Cu Yd
Composting Classes
Backyard Cost plus 12 %
Master Cost plus 12 %
Rental Charge
none
_____3., 6/6/2007 314
EXHIBIT A
Removal of Dead Animals
540 each under 100 pounds
Special Event Trash Collection
Cads Delivery $15 each
00 Service $20 each
Pickup & Cleanup $20 each
•
Roll Off Delivery $100
Haul Rate $400
Rental $3 per day
Front Load - 6vd container Delivery $75
Service $60 (normal service hours rate)
$75 (after hours rate)
Final Pick up $75
City of Georgetown recieves
a 10% discount on Special Event Trash Collection
Catastrophic Storm Cleanup
Roll Off Delivery $100
Service 5400 trash rate
$235 wood waste
Additional Collection Station Hours
$60 per hour
-6655569 6/6/2007 4/4
EXHIBIT B
Proposed Collection Station RETAIL Rates
Minimum Charge $ 10.00
'State and City Sales Tax will be added to the retail rates
6/5/2007
GUS in ETJ
ETJ/Comm.
City Limits
Service
Quantity
Tier 3
Tier 1
Public Disposal
1 cu/yd
$
8.00
(first 2 cy mo free for Tier 1)
$
15.00
$
Brush
1 cu/yd
$
-
Auto tires (13 -15 inches)
1
$
5.00
Small truck (16 - 19 inches)
1
$
8.00
Large truck (20 - 24)
1
$
12.00
Tractor (25-28)
1
$
15.00
Tractor/Industrial (29-38)
1
$
25.00
Huge Tractor/Industrial(39-48)
1
$
35.00
Refrigerator
1
$
30.00
Air Conditioner
1
$
30.00
Batteries
1
$
2.00
Oil
1 gallon
$
1.00
Oil Filters
1
$
1.00
Recycling - residential use
car load
$
1.00
Minimum Charge $ 10.00
'State and City Sales Tax will be added to the retail rates
6/5/2007
GUS in ETJ
ETJ/Comm.
Tier 2
Tier 3
$
14.00
$
18.00
$
7.00
$
15.00
$
7.00
$
15.00
$
14.00
$
24.00
$
18.00
$
29.00
$
35.00
$
49.00
$
52.00
$
69.00
$
70.00
$
96.00
$
35.00
$
40.00
$
35.00
$
40.00
$
2.00
$
5.00
$
1.00
$
2.00
$
1.00
$
2.00
$
1.00
$
2.00
$
15.00
$
20.00
E
Council Meeting Date: June 12, 2007 Item No.9"_ 4�)l'
AGENDA ITEM COVER SHEET
SUBJECT:
FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS REPEALING AND REPLACING SECTION 13.04.180 OF THE CITY CODE OF ORDINANCES
RELATING TO "RATES AND CHARGES — SOLID WASTE DISPOSAL — SCHEDULE;' REPEALING
CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY Ci
EFFECTIVE DATE.
ITEM SUMMARY:
The current rates for solid waste disposal were establishes
in oil and fuel costs over the last 21/2 years, these rates are no long
providing service.
In October 2006, Georgetown Utility Systems (GUS) begar
waste disposal, but also the services that are offered, proceeding u
needed to determine if we were providing services that meet the c
this, seven focus groups were created, with residential participant
representatives from small and large commercial businesses and 1
input from these participants was the basis of our selection of soli
to offer to citizens.
Once the required services were established, the staff did
sanitation services by customer type, in order to get a better hand
equitable distribution of those costs. The goal was to develop rates tnat rettect me true cost UL sei vice w
each customer type, with each type paying its fair share of the costs of operating the utility.
This proposed rate ordinance and amended rate structure are a reflection of citizens' expectations
of services and the cost to provide those services. It presents a three-tier rate system for in -City residents
with GUS solid waste service, out -of -City residents with GUS solid waste services, and Commercial and
ETJ residents without GUS services.
SPECIAL CONSIDERATIONS
FINANCIAL IMPACT
Of the proposed rates, 84% will be distributed to the solid waste contractor, with the remaining
16% retained by the City. This revenue will be used to reducing the debt service on the closed landfill,
landfill maintenance, Collection Station expense and re -permitting.
COMMENTS
NONE
ATTACHMENTS
Submitted By: "Kachel Osgood V Jim Briggs
Environmental Services Coordinator Assistant City Manager for Utilities
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS REPEALING AND REPLACING SECTION
13.04.180 OF THE CITY CODE OF ORDINANCES RELATING TO
"RATES AND CHARGES — SOLID WASTE DISPOSAL —
SCHEDULE;" REPEALING CONFLICTING PROVISIONS;
PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown recently re -negotiated a garbage
hauling and disposal contract with Texas Disposal Systems; and
WHEREAS, the Texas Disposal System contract negotiations have resulted in changes in
services and costs for services, as set forth herein; and
WHEREAS, the City Council has found and determined that it is in the best interest of
the public to have the following services provided to its citizens and others in the
extraterritorial jurisdiction (ETJ) and service area of the City's collection station and
transfer station, and that the following rates are fair and equitable for such services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, that:
SECTION 1 The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated be reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the following Century Plan Policy Statements — Goals and
Strategies:
3.0 Policy Statement: "City owned, sponsored, or managed health and human
services enhance the quality of life for the citizens of Georgetown."
11.0 Policy Statement: "City owned, sponsored, or managed utilities are
competitively priced and provide safe, adequate, and reliable services to all
customers."
Ordinance
GARBAGE RATE ORDINANCE Page 1 of 4
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the
City Council hereby finds that the enactment of this Ordinance is not inconsistent with
or in conflict with any other Century Plan Policy Statements.
SECTION 2 Existing Section 13.04.180 is hereby deleted in its entirety and replaced
with the following:
Section 13.04.180 Rates and charges --Solid waste disposal --Schedule.
A. Rates and charges for solid waste disposal are as follows:
Rate Schedule
Residential Service
Commercial Rates
1x per week pickup
96 gallon, hand roll cart
2 cy dumpster
3 cy dumpster
4 cy dumpster
6 cy dumpster
8 cy dumpster
10 cy dumpster
2x per week pickup
96 gallon, hand roll cart
2 cy dumpster
3 cy dumpster
4 cy dumpster
6 cy dumpster
8 cy dumpster
10 cy dumpster
3x per week pickup
96 gallon, hand roll cart
2 cy dumpster
3 cy dumpster
4 cy dumpster
6 cy dumpster
8 cy dumpster
10 cy dumpster
Ordinance
Inside
City Schools
514 05
Outside City
with
GUS w/o GUS
$16.55 $17.50
Inside
City Schools
8.5%
Outside City
with w/o
GUS GUS
7.1% 13.3%
$18.55
$18.55
$19.40
$19.40
10.1%
0.0%
15.1%
15.1%
$43.05
$37.85
$44.95
$44.95
15.0%
0.0%
20.0%
20.0%
$60.35
$53.00
$63.00
$63.00
15.0%
0.0%
20.0%
20.0%
$74.50
$65.35
$77.75
$77.75
15.0%
66.7%
20.0%
20.0%
$91.10
$79.95
$95.05
$95.05
15.0%
0.0%
20.0%
20.0%
$109.00
$95.65
$113.75
$113.75
15.0%
0.0%
20.0%
20.0%
$126.95
$111.40
$132.50
$132.50
15.0%
0.0%
20.0%
20.0%
$35.60
$35.60
$37.15
$37.15
15.0%
0.0%
20.0%
20.0%
$105.10
$92.30
$109.70
$109.70
15.0%
0.0%
20.0%
20.0%
$117.70
$103.35
$122.80
$122.80
15.0%
44.7%
20.0%
20.0%
$129.25
$113.45
$134.90
$134.90
15.0%
44.7%
20.0%
20.0%
$164.35
$144.35
$171.50
$171.50
15.0%
42.2%
20.0%
20.0%
$192.10
$168.70
$200.45
$200.45
15.0%
0.0%
20.0%
20.0%
$232.70
$204.35
$242.80
$242.80
15.0%
39.4%
20.0%
20.0%
$51.65
$51.65
$53.90
$53.90
15.0%
0.0%
20.0%
20.0%
$170.95
$150.05
$178.40
$178.40
15.0%
0.0%
20.0%
20.0%
$186.05
$163.30
$194.15
$194.15
15.0%
0.0%
20.0%
20.0%
$190.45
$167.15
$198.70
$198.70
15.0%
0.0%
20.0%
20.0%
$245.60
$215.75
$256.25
$256.25
15.0%
0.0%
20.0%
20.0%
$276.50
$242.85
$288.55
$288.55
15.0%
0.0%
20.0%
20.0%
$328.65
$288.70
$342.95
$342.95
15.0%
0.0%
20.0%
20.0%
GARBAGE RATE ORDINANCE Page 2 of 4
4x per week pickup
15.0% 0.0% 20.0% 25.0%
8 cy dumpster $478.45 $420.65 $499.25 $520.05
15.0% 0.0% 20.0% 25.0%
10 cy dumpster $569.60 $500.85 $594.35 $619.15
15.0% 0.0% 20.0% 25.0%
B. If service is rendered during any portion of any month
the customer will be
required to pay a pro -rated fee for service.
96 gallon, hand roll cart
$84.90
$84.90
$70.75
$70.75
44.0%
0.0%
20.0%
20.0%
2 cy dumpster
$225.00
$197.50
$234.80
$234.80
15.0%
0.0%
20.0%
20.0%
3 cy dumpster
$241.35
$211.85
$251.80
$251.80
15.0%
0.0%
20.0%
20.0%
4 cy dumpster
$248.25
$217.90
$259.00
$259.00
15.0%
0.0%
20.0%
20.0%
6 cy dumpster
$320.05
$281.20
$333.95
$333.95
15.0%
0.0%
20.0%
20.0%
8 cy dumpster
$351.20
$308.75
$366.50
$366.50
15.0%
0.0%
20.0%
20.0%
10 cy dumpster
$418.20
$367.45
$436.40
$436.40
15.0%
0.0%
20.0%
20.0%
5x per week pickup
96 gallon, hand roll cart
$84.00
$84.00
$87.65
$87.65
15.0%
0.0%
20.0%
20.0%
2 cy dumpster
$277.50
$243.55
15.0%
0.0%
0.0%
0.0%
3 cy dumpster
$293.90
$258.00
$306.65
$319.45
15.0%
58.5%
20.0%
25.0%
4 cy dumpster
$305.75
$268.45
$319.00
$332.30
15.0%
33.8%
20.0%
25.0%
6 cy dumpster
$397.75
$349.50
$415.00
$432.30
15.0%
32.2%
20.0%
25.0%
8 cy dumpster
$398.65
$350.50
$416.00
$433.30
15.0%
24.8%
20.0%
25.0%
10 cy dumpster
$497.95
$437.70
$519.60
$541.25
15.0%
0.0%
20.0%
25.0%
6x per week pickup
6 cy dumpster $430.20 $378.30 $448.90 $467.65
15.0% 0.0% 20.0% 25.0%
8 cy dumpster $478.45 $420.65 $499.25 $520.05
15.0% 0.0% 20.0% 25.0%
10 cy dumpster $569.60 $500.85 $594.35 $619.15
15.0% 0.0% 20.0% 25.0%
B. If service is rendered during any portion of any month
the customer will be
required to pay a pro -rated fee for service.
C. Except as provided in this section, all owners, occupants, tenants and lessees
using or occupying any building, house or structure within the corporate limits of
the City shall be required to use exclusively the City's waste disposal services.
-MMMUM M;
SECTION 3 All Ordinances and Resolutions, or parts of Ordinances and Resolutions
that are in conflict with this Ordinance are hereby repealed, and no longer in effect.
SECTION 4 If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or applications thereof, of this Ordinance which can be given effect without the invalid
Ordinance
GARBAGE RATE ORDINANCE Page 3 of 4
provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION 5 The Mayor of Georgetown is hereby authorized to sign this Ordinance
and the City Secretary to attest. This Ordinance shall become effective and be in full
force and effecting accordance with the terms of the City Charter.
PASSED AND APPROVED on First Reading on the day of
2007.
PASSED AND APPROVED on Second Reading on the day of
2007.
ATTEST: THE CM OF GEORGETOWN:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
Ordinance
Gary Nelon
Mayor
GARBAGE RATE ORDINANCE Page 4 of 4
Solid Waste Service Rate Schedule
Residential Service
$12.96
$14.05
$3546
$16.55
$36.45
$17.50
Mandatory recycling [a]
included
included
included
included
N/A
$3.00
Subscription recycling
N/A
N/A
N/A
N/A
N/A
$5.35
Bulky waste beyond
quarterly pickup
per cubic yard
N/A
$25.00
N/A
$25.00
N/A
N/A
Note [a]: Mandatory recycling is required in Tier 3 when 40% of the defined area utilizes the
city contracted municipal
solid
waste service provider.
Commercial Rates
Service container
Frequency/ week: 1
$16.85
$18.55
$16336
$19.40
$16.86
$19.40
N/A
$18.55
Frequency / week: 2
$30.95
$35.60
$30.95
$37.15
$30.96
$37.15
N/A
$35.60
Frequency / week: 3
$44.99
$51.65
$44-90
$53.90
$4499
$53.90
N/A
$51.65
Frequency / week: 4
$6596
$67.80
$59.95
$70.75
$68.96
$70.75
N/A
$67.80
Frequency / week: 5
$7386
$84.00
$73.05
$87.65
$7386
$87.65
N/A
$84.00
Excess trash over 1/2
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
yard beside container
2 CY Dumpster
Frequency/ week: 1
$37.45
$43.05
$37.46
$44.95
$3746
$44.95
N/A
$37.85
Frequency/ week: 2
$91.40
$105.10
$91.49
$109.70
$93-48
$109.70
N/A
$92.30
Frequency /week: 3
$148.66
$170.95
$348.65
$178.40
$14565
$178.40
N/A
$150.05
Frequency / week: 4
$195.65
$225.00
$39566
$234.80
$19566
$234.80
N/A
$197.50
Frequency /week: 5
$241.39
$277.50
$241.39
$289.55
$24130
$289.55
N/A
$243.55
3 CY Dumpster
Frequency / week: 1
$52.60
$60.35
$62.60
$63.00
$62.60
$63.00
N/A
$53.00
Frequency / week: 2
$102-36
$117.70
$182-36
$122.80
$18235
$122.80
$7140
$103.35
Frequency / week: 3
$161-80
$186.05
$161-.80
$194.15
$151.00
$194.15
N/A
$163.30
Frequency / week. 4
$200.86
$241.35
$209-85
$251.80
$20985
$251.80
N/A
$211.85
Frequency /week: 5
$255.56
$293.90
$266:55
$306.65
$265:65
$306.65
$462.76
$258.00
4 CY Dumpster
Frequency/ week: 1
$64.80
$74.50
$64.90
$77.75
$64.89
$77.75
$39.28
$65.35
Frequency /week: 2
$132.49
$129.25
$132-.40
$134.90
$1-12.40
$134.90
$78.40
$113.45
Frequency /week: 3
$36560
$190.45
$16560
$198.70
$186.69
$198.70
N/A
$167.15
Frequency / week: 4
$216.86
$248.25
$216.85
$259.00
$215.86
$259.00
N/A
$217.90
Frequency / week: 5
$26586
$305.75
$266.86
$319.00
$26585
$319.00
$200.60
$268.45
6 CY Dumpster
Frequency/ week: 1
$78-20
$91.10
$79.20
$95.05
$79.29
$95.05
N/A
$79.95
Frequency / week: 2
$142-90
$164.35
$14289
$171.50
$142.90
$171.50
$38.60
$144.35
Frequency / week: 3
$21366
$245.60
$213.65
$25625
$21356
$256.25
N/A
$215.75
Frequency / week: 4
$27830
$320.05
$270.39
$333.95
$278.30
$333.95
N/A
$281.20
Frequency / week: 5
$345.96
$397.75
$34585
$415.00
$345-85
$415.00
$26449
$349.50
Frequency / week: 6
$37440
$430.20
$374.30
$448.90
$448.90
$448.90
N/A
$378.30
8 CY Dumpster
Frequency/ week: 1
$9480
$109.00
$94.80
$113.75
$94.89
$113.75
N/A
$95.65
Frequency / week: 2
$167.05
$192.10
$187.85
$200.45
$167-05
$200.45
N/A
$168.70
Frequency / week: 3
$24046
$276.50
$240.46
$288.55
$240.45
$288.55
N/A
$242.85
Frequency / week: 4
$306.49
$351.20
$30540
$366.50
$305.40
$366.50
N/A
$308.75
Frequency / week: 5
$346.66
$398.65
$34555
$416.00
$34566
$416.00
$28080
$350.50
Frequency / week: 6
$43506
$478.45
$436.95
$499.25
$49925
$499.25
N/A
$420.65
Page 1 of 3
Solid Waste Service Rate Schedule
Rate Schedule
Current Proposed
Current Proposed
Current Proposed
Current
Proposed
N/A
N/A
$88.40
$88.40
$88.40
$88.40
10 CY Dumpster
N/A
N/A
N/A
$340.00
$340.00
Frequency/ week: 1
$31.0.49 $126.95
$11049 $132.50
$71&40 $132.50
N/A
$111.40
Frequency / week: 2
$202.36 $232.70
$202.35 $242.80
$202.35 $242.80
$146.:55
$204.35
Frequency /week: 3
$285-89 $328.65
$28680 $342.95
$286.80 $342.95
N/A
$288.70
Frequency / week: 4
$363.65 $418.20
$363.65 $436.40
$36366 $436.40
N/A
$367.45
Frequency / week: 5
$43300 $497.95
$433.00 $519.60
$433-:00 $519.60
N/A
$437.70
Frequency / week: 6
$495-20 $569.60
$40630 $594.35
$694-35 $594.35
N/A
$500.85
Locking devices for
Commercial containers
One-time charge
Monthly fee
Casters for commercial
bin / container
Special paint for containers
Unscheduled extra pickups
commercial containers
2 cubic yards
3 cubic yards
4 cubic yards
6 cubic yards
8 cubic yards
10 cubic yards
Roll off services
Daily rental
Delivery - one time charge
Monthly hauling charges
20 cy - 1x haul
20 cy - 2x haul per haul
30 cy - ix haul
30 cy - 2x haul per haul
40 cy - 1x haul
40 cy - 2x haul per haul
Front load compactor
Commercial compactor
Rental fee
Hauling charges:
20 cubic yards
30 cubic yards
35 cubic yards
40 cubic yards
42 cubic yard
$53.00 $53.00 $53.00 $53.00 $53.00 $53.00 $53.00 $53.00
$5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
$15.80 $15.80 $15.80 $15.80 $15.80 $15.80
$89.00 $120.00 $80-09 $120.00 $80.00 $120.00
One-time charge
$2830 $40.25
$2650 $51.75
$34.26 $57.50
$45.60 $57.50
$67.09 $69.00
$68.46 $86.25
One-time charge
$28:60 $40.25
$28-59 $51.75
$34:26 $57.50
$45.69 $57.50
$67.00 $69.00
$68.45 $86.25
One-time charge
$26.30 $40.25
$2860 $51.75
$34.26 $57.50
$46.60 $57.50
$67.00 $69.00
$68-:46 $86.25
$15.80 $15.80
$80.00 $120.00
One-time charge
$28.60 $40.25
$28.50 $51.75
$34.26 $57.50
$4660 $57.50
$67.00 $69.00
$68.46 $86.25
$3.10
$3.10
$3.10
$3.10
N/A
N/A
N/A
N/A
$88.40
$88.40
$88.40
$88.40
N/A
N/A
N/A
N/A
$340.00
$340.00
$340.00
$340.00
N/A
N/A
N/A
N/A
$233.00
$233.00
$233.00
$233.00
N/A
N/A
N/A
N/A
$370.00
$370.00
$370.00
$370.00
N/A
N/A
N/A
N/A
$265.00
$265.00
$265.00
$265.00
N/A
N/A
N/A
N/A
$403.00
$403.00
$403.00
$403.00
N/A
N/A
N/A
N/A
$297.00
$297.00
$297.00
$297.00
N/A
WA
N/A
N/A
Per CY capacity per scheduled pick up cost to be negotiated per customer. Compactor rental cost
to be negotiated per customer.
$130.00 $130.00 $130.00 $130.00 N/A N/A N/A N/A
$34300 $394.45 $543.00
$394.45
N/A
N/A
N/A
N/A
$376-00 $432.40 $376.80
$432.40
N/A
N/A
N/A
N/A
$393.00 $451.95 $395.00
$451.95
N/A
N/A
N/A
N/A
$419-00 $471.50 $430.00
$471.50
N/A
N/A
N/A
N/A
$417.00 $479.55 $41700
$479.55
N/A
N/A
N/A
N/A
Additional services
Sludge roll -off 20 yard $21080 $395.00 $310.08 $395.00 N/A N/A N/A N/A
container
Manned neighborhood cleanup services using roll -off boxes $35.00 per hour plus a 10% discount for disposal and
transportation Costs.
Page 2 of 3
Solid Waste Service Rate Schedule
Rate Schedule
Commercial recycling
N/A
container
$32-09
8 cy, 1 x per week
N/A
8 cy, biweekly
N/A
8 cy, 1 per month
N/A
Commercial service cart
N/A
recycling.
N/A
Cart Rental / month
N/A
1st service cart
N/A
Additional cart
N/A
Public Disposal Fees
N/A
at the collection station
$35.00
Bulky waste above servic
$86.25
provided in residential
N/A
rate. Per cubic yard.
$8.00
Brush / per cubic yard
N/A
Refrigerators / each
$:154
Air Conditioners / each
$30.99
Batteries / each
N/A
Oil / 1 gallon
N/A
Oil Filter/ each
N/A
Residential recycling
N/A
per car load
$30.00
Tires ($ per each)
N/A
Auto tires (13 -15 in.)
$3.99
Small tires (16 - 19 in.)
$399
Large truck (20 - 24 in.)
$7,90
Tractor (25 - 28 in.)
$15.00
Industrial (29 - 48 in.)
$3699
Huge tractor (39 - 48 in.)
$35.99
$120.75
N/A
$120.75
$32-09
N/A
$120.75
N/A
N/A
$120.75
$7.00
$103.50
N/A
$103.50
N/A
N/A
$103.50
$35.00
N/A
$103.50
N/A
$86.25
N/A
$86.25
$35.00
N/A
$86.25
N/A
N/A
$86.25
N/A
$8.00
N/A
$8.00
N/A
N/A
$8.00
N/A
N/A
$8.00
$2.00
$30.00
N/A
$30.00
N/A
N/A
$30.00
$2.00
N/A
$30.00
$1.00
$20.00
N/A
$20.00
$2.00
N/A
$20.00
$5.00
N/A
$20.00
$3-:09
$8.00
$12..99
$14.00
$32-09
$18.00
N/A
N/A
N/A
N/A
$7.00
N/A
$15.00
N/A
N/A
$30.00
$x5-00
$35.00
$:16.
$40.00
N/A
N/A
$30.00
$10.00
$35.00
$39:00
$40.00
N/A
N/A
$2.00
N/A
$2.00
N/A
$5.00
N/A
N/A
$1.00
N/A
$1.00
N/A
$2.00
N/A
N/A
$1.00
N/A
$1.00
N/A
$2.00
N/A
N/A
$1.00
N/A
$1.00
N/A
$2.00
N/A
N/A
$5.00
$300
$7.00
$3-:09
$15.00
N/A
N/A
$8.00
$3:00
$14.00
$3,.99
$24.00
N/A
N/A
$12.00
$A00
$18.00
$7--09
$29.00
N/A
N/A
$15.00
$18:80
$35.00
$15.00
$49.00
N/A
N/A
$25.00
$35:90
$52.00
$35-:00
$69.00
N/A
N/A
$35.00
$1600
$70.00
$35-:00
$96.00
N/A
N/A
Page 3 of 3