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11-01-18-Ordinance-Waste Connections Lone Star Inc-11/05/2018ORDINANCE NO. 11-01-18 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, GRANTING TO WASTE CONNECTIONS LONE STAR, INC. THE EXCLUSIVE RIGHT, PRIVILEGE, AND FRANCHISE FOR THE TERM OF FIVE (5) YEARS TO USE THE PUBLIC STREETS, HIGHWAYS, OR THOROUGHFARES WITHIN THE CITY FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING, TRANSPORTING, RECYCLING AND DISPOSING OF SOLID WASTE USING ROLL -OUT CONTAINERS, CONSTRUCTION ROLL -OFF CONTAINERS FROM COMMERCIAL AND INDUSTRIAL PREMISES AND DEVELOPMENT PROJECTS WITHIN THE CITY, AND OTHER TYPES OF CONTAINERS; APPROVING AN EXCLUSIVE FRANCHISE AGREEMENT ATTACHED AS EXHIBIT "A"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to grant the exclusive right, privilege, and franchise to a service provider to use the public streets, highways, and/or thoroughfares with the City for engaging in the collection, transporting, recycling and disposing of solid waste generated in the City using various containers and other equipment; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the City Council hereby grants to Waste Connections Lone Star, Inc. (referred herein collectively as "Company") its successors and permitted assigns, the exclusive right, privilege and franchise for the term of five (5) years, commencing January 1, 2019, to use the public streets, highways and/or thoroughfares within the City for the purpose of engaging in the business of collection, transporting, recycling and disposing of solid waste generated in the City from residential, commercial and industrial premises and development projects within the City using various containers. SECTION 2. That the Exclusive Franchise Agreement, attached hereto as Exhibit "A" and made part hereof for all purposes, is hereby approved in all respects. This Franchise is granted subject to all the terms and conditions of said Agreement. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional. SECTION 4. This ordinance shall take effect upon acceptance by the Company within sixty (60) days after the adoption of this ordinance, as the law and Charier in such cases provide. The City Secretary shall cause a summary of the purpose of the ordinance to be published one time in the official city newspaper, at the expense of the Company, thirty (30) days prior to the adoption of the ordinance. DULY PASSED by the City Council of the City of Sanger, Texas, on the Sth day of November 20100 CITY ATTORl (RLD; 09/27/18;103038) THOMAS MUIR, MAYOR ATTEST: IF IF V. U FFF:P "` r��� TEXAS •kl/% SECRETARY EXHIBIT A EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION, HAULING, RECYCLING, AND DISPOSAL OF MUNICIPAL SOLID WASTE, CONSTRUCTION AND DEMOLITION WASTE, AND RECYCLABLE MATERIALS IN THE CITY OF SANGER, TEXAS JANUARY 1, 2019 EXHIBIT A EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION, HAULING, RECYCLING, AND DISPOSAL OF MUNICIPAL SOLID WASTE, CONSTRUCTION AND DEMOLITION WASTE, AND RECYCLABLE MATERIALS IN THE CITY OF SANGER, TEXAS STATE OF TEXAS COUNTY OF DENTON THIS EXCLUSIVE FRANCHISE AGREEMENT (this "Agreement") is made and entered into as of January 1, 2019, by and between Waste Connections Lone Star, Inc., a Texas Corporation (the "Service Provider"), and the City of Sanger, Texas, a municipal corporation (the "City"). WHEREAS, the City, subject to the terms and conditions set forth herein and the ordinances and regulations of the City, desires to grant to the Service Provider the exclusive franchise, license and privilege to collect, haul, and recycle all Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials (as such terms are defined herein) within the City's corporate limits. NOW, THEREFORE, in consideration of the premises and the mutual promises, covenants and agreements set forth herein, the Service Provider and the City hereby agree as follows: SECTION 1. DEFINED TERMS. The following terrrrs, as used herein, will be defined as follows: -Plastic sacks, secured at the top, designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not A xceed forty (40) pounds. Bulb Waste -Any Solid Waste measuring in excess of either seventy-two inches (72") in length or one hundred (100) pounds in weight, including, but not limited to, refrigerators, stoves, washing machines, water tanks, chairs, couches, and other similar household items. Business Day —Any day that is not a Saturday, a Sunday or other day on which banks are required or authorized by state or federal law to be closed in the City. Commercial Unit Any non -manufacturing commercial facility that generates and accumulates Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials during, or as a result of, its business, including, but not limited to, restaurants, stores, and warehouses. 1 Construction and Demolition Waste - Solid Waste resulting from construction or demolition activities or that is directly or indirectly the by-product of such activities, including, but not limited to, cartons, concrete, excelsior, gypsum board, metal, paper, plastic, rubber and wood products. Construction and Demolition Waste does not include Hazardous Waste, Municipal Solid Waste, Recyclable Materials, or Bulky Items. Container —Roll-Out containers, Recycling Carts, and other containers up to forty (40) cubic yards in capacity, provided to the City by the Service Provider and utilized by a Commercial, Industrial or Residential Unit for collecting Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials. Containers are designed to hold between thirty (30) gallons and forty (40) cubic yards of Solid Waste. Excluded Waste -Any Hazardous Waste, Construction and Demolition Waste, or any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations. Handicapped Residential Unit —any residential dwelling that is inhabited by persons, all of whom are physically handicapped to the extent that they are unable to place Municipal Solid Waste at the curbside, and that generates and accumulates Municipal Solid Waste. The identities of the members of a Handicapped Residential Unit shall be certified by the City Manager and agreed to by the Service Provider. Hazardous Waste -Waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, or so classified by any federal or State of Texas statute, rule, order or regulation. Holidays -The following days: (1) New Year's Day (January 1st) (2) Thanksgg Day (3) Christmas Day (December 25th) Industrial Unit -Any manufacturing, mining or agricultural facility that generates and accumulates Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials during, or as a result of, its operations. Landfill -Any facility or area of land receiving Municipal Solid Waste or Construction and Demolition Waste and operating under the regulation and authority of the Texas Commission on Environmental Quality ("TCEQ") within the State of Texas, or the appropriate governing agency for landfills located outside the State of Texas. Multi -Family Residential Unit -Any residential dwelling that is designed for, and inhabited by, multiple family units and that generates and accumulates Municipal Solid Waste and Recyclable 2 Materials, Municipal Solid Waste - Solid Waste resulting fiom or incidental to municipal, community, commercial, institutional or recreational activities, industrial or manufacturing, mining, or agricultural operations. Municipal Solid Waste does not include Construction and Demolition Waste, Excluded Waste, and Hazardous Waste Materials, Recyclable Materials —Solid Waste which is newspapers, magazines, mail, paper, telephone books, cardboard, glass bottles and jars (no mirrors, windows, ceramics or other glass products), metal cans (beverage, food, beer and soft drink cans composed of tin, steel or aluminum), and plastics, including all varieties of the types designated as #1, #2, 43, #4, #5, and #7. Recycling Cart — A container provided by the Service Provider for the collection of Recyclable Materials that has up to a maximum capacity of sixty-five (65) gallons. Residential Unit -Any residential dwelling that is either aSingle-Family Residential Units or a Multi -Family Residential Units. Roll -Off - A Container with twenty (20) cubic yards to forty (40) cubic yards of capacity. Roll -Out - A Container with ninety-five (95) gallons of capacity. Single -Family Residential Unit -Any residential dwelling that is designed for, and inhabited by, a single person or family unit and that generates and accumulates Municipal Solid Waste and Recyclable Materials. Solid Waste - As defined by the EPA under 40 C.F R. 5 261.2(a) (1), or by the State of Texas under the Solid Waste Disposal Act § 361,003(38) whether such waste is mixed with or constitutes Recyclable Materials, White Good -Any item measuring in excess of either three (3) cubic feet in size or one hundred (100) pounds in weight and that is manufactured primarily from metal, including, but not limited to, a bath tub, heater, hot water heater, refrigerator, sink or washer and dryer. Yard Waste All tree trimmings, grass cuttings, plants, weeds, leaves, dead trees or branches thereof, sawdust, limbs less than three inches (3") in diameter, brush or clippings, and includes Bundles. All Yard Waste must be placed in Bags with the exception of budled tree limbs less than three inches (3 ") in diameter. SECTION 2. EXCLUSIVE FRANCHISE GRANT. The City hereby grants to the Service Provider, in accordance with the City's ordinances and regulations governing the collection, hauling, recycling, and disposal of all Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials, the exclusive franchise, license, and privilege to collect, haul or dispose of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials over, upon, along and across the City's present and future streets, alleys, bridges and public properties. In order to maintain the exclusivity of the Service Provider's disposal service, City shall uphold Section 2 of the Agreement by taking any and all appropriate action, as allowed by law, with any company, customer or third party infringing upon the rights of the Service Provider. In any situation wherein the City fails to pursue such action, as allowed by law, to remedy an infringement of Service Provider's exclusive right to disposal services within the City, the Service Provider shall retain a subrogation right from the City against any and all violations of the grant described in this Section 2 and shall be entitled to any and all actual and. consequential damages arising from the City's failure to enforce this Agreement. SECTION 3. OPERATIONS. A. Scope of Operations. It is expressly understood and agreed that the Service Provider shall collect, haul, and recycle or dispose of all Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials (as provided herein) (1) generated and accumulated by Commercial, Industrial, and Residential Units, and (ii) placed within a Roll -Out Container or other Container by those Commercial, Industrial, and Residential Units (provided such Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials are containerized in a Container) receiving the services of the Service Provider (or otherwise generated and accumulated in the manner herein provided by those Commercial Units, Industrial Units, and Residential Units), all within the City's corporate limits, including any territories annexed by the City during the term of this Agreement (the "Services"). B. Nature of Operations. The City hereby grants to the Service Provider, in accordance with the City's ordinances and regulations governing the collection, hauling, and recycling or disposal of all Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials, the title to all Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials collected, hauled by the Service Provider over, upon, along and across the City's present and future streets, alleys, bridges and public properties. All title to and liability for materials excluded from this Agreement shall remain with the generator of such materials. SECTION 4. SINGLE-FAMILY RESIDENTIAL UNIT COLLECTIONS. For the Services provided to Single -Family Residential Units under this Section 4, the Service Provider shall charge each Single -Family Residential Unit located within the City's corporate limits which charge shall be billed by the City at the applicable monthly rate(s) contained in Attachment "A". A. Single -Family Residential Unit Services. The Service Provider shall collect Municipal Solid Waste and Yard Waste fiom Single -Family Residential Units at least twice per week and Recyclable Materials from Single -Family Residential Units at least once per week; provided, that such Municipal Solid Waste and Recyclable Materials are placed in a Roll -Out Container and/or a Recycling Cart, as the case may be, and (ii) such Roll -Out Container and/or Recycling Cart is placed within five (5) feet of the curbside or right of way, adjacent to the Single -Family Residential Unit, no later than 7:00 a.m. on the scheduled collection day. 0 B. Excess or Misplaced Municipal Solid Waste, Recyclable Materials, or Yard Waste, The Service Provider shall only be responsible for collecting, hauling, and recycling or disposing of Municipal Solid Waste and Recyclable Materials placed inside the Containers provided by the Service Provider; and (ii) Yard Waste placed inside Bags. Municipal Solid Waste, Recyclable Materials, and/or Yard Waste in excess of the Containers' or Bags' limits, or placed outside or adjacent to the Containers or Bags, will not be collected by the Service Provider. However, such excess or misplaced Municipal Solid Waste, Recyclable Materials, and/or Yard Waste may be collected on occasion and within reason due to Holidays or other extraordinary circumstances as determined by the Service Provider in its sole discretion. If the excess or misplaced Municipal Solid Waste, Recyclable Materials, and/or Yard Waste continues, the City shall require the Single -Family Residential Unit to utilize an additional Container and/or Bag so that the excess or misplaced Municipal Solid Waste, Recyclable Materials, and/or Yard Waste will be regularly contained. The Service Provider shall be compensated for these additional Services as provided for in Attachment "A" hereto. C. Handicapped Residential Units. Notwithstanding anything to the contrary contained herein, the Service Provider agrees to assist Handicapped Residential Units with house -side collection of their Bags and Containers; provided that the Service Provider receives prior written notice from the City of such special need. The City shall be solely responsible for all other modifications or accommodations required by the Americans with Disabilities Act or any other applicable law or regulation in connection with the services provided hereunder to Single -Family Residential Units. D. Reduced Residential Service. The City may, upon reasonable prior written notice to Service Provider, request that Service Provider reduce the frequency of service under Section 4.A, hereof from twice per week to once per week. Service Provider shall implement such reduction in service frequency on within thirty (30) days following the date on which notice is given to the Service Provider of the City's election to reduce service frequency. If the City decides to reduce the frequency of service as stated under Section 4.A. hereof fiom twice per week service to once per week service the Service Provider will agree to provide larger recyle carts, ninety-five (95) gallons on a as requested basis by each resident of the City of Sanger. SECTION 5. COMMERCIAL, INDUSTRIAL AND MULTI -FAMILY RESIDENTIAL UNIT COLLECTIONS. The Service Provider will collect Municipal Solid Waste and Recyclable Materials from Commercial, Industrial, and Multi -Family Residential Units as needed each week, as provided For in Attachment "A". The Service Provider shall only be responsible for collecting, hauling, and recycling or disposing of Municipal Solid Waste and Recyclable Materials placed inside the Containers provided by the Service Provider. However, the Service Provider shall be obligated to offer and provide sufficient service to Commercial, Industrial, and Multi -Family Residential Units, and to increase or decrease, as necessary, the frequency of collection and the size or number of Containers so that Commercial, Industrial, or Multi -Family Units' Municipal Solid Waste and Recyclable Materials will be regularly contained. The Service Provider shall be compensated for these additional Services as provided for in Attachment "A". The parties acknowledge and agree that the Service Provider shall not be responsible for damage to any private pavement or accompanying sub -surface of any route reasonably necessary to perform the Services herein contracted and that the Commercial, Industrial, or Multi -Family Residential Unit assumes all liabilities for damage to pavement or road surface. For the Services provided to Commercial, Industrial, or Multi -Family Units under this Section 5, the Service Provider shall charge each Commercial, Industrial, or Multi -Family Unit located within the City's corporate limits and billed by the City the applicable rate(s) in Attachment "A". Within sixty (60) days of the date of this Agreement, Service Provider shall, at no additional charge, collect and replace any Containers currently used by Service Provider to render the services described in this Section 5 which are not, in Service Provider's reasonable opinion, of industry standard quality with Containers meeting or exceeding industry standards of quality. If Service Provider is not able to complete the replacement of Containers described in the preceding sentence within sixty (60) days due to circumstances beyond Service Provider's reasonable control (such as inaccessibility A Containers), such sixty (60) day period shall be extended as reasonably necessary for Service Provider to complete such replacement obligations. SECTION 6. SPECIAL COLLECTIONS AND SERVICES. A. Municipal Locations. The Service Provider will provide, at no cost to the City, an aggregate of thirteen (13) Containers (each up to eight cubic yards in size) to collect Municipal Solid Waste at certain municipal locations within the City once or twice per week, as needed. The Service Provider will provide, at no cost to the City, an aggregate of eighteen (18) sixty-five (65) gallon Recycling carts. B. Special Events. The Service Provider will provide, at no cost to the City, one (1) Roll - Off, with one (1) free haul of such Roll -Off, to collect Municipal Solid Waste at each of the City's two (2) special events held each calendar years provided, that the City gives the Service Provider reasonable prior written notice of the dates of such special events as well as the number of Containers that will be required. C. Annual Trash Off. Additionally, the Service Provider will provide, at no cost to the City, up to twenty (20) Roli-Offs to collect Municipal Solid Waste at the City's two annual "Trash Off events with an aggregate of twenty (20) free hauls of such Roll -Offs each calendar year. Hauls in excess of the twenty (20) free hauls per calendar year shall be billed to the City in accordance with the rates contained in Attachment "A". The City and the Service Provider shall mutually agree upon the dates of such City "Trash Off' events. D. Sludge Services. The Service Provider will provide hauling and disposal services for sludge from the City's wastewater treatment plant; provided,, that the sludge is tested, and accompanied by requisite documentation of the State of Texas and meets the TCEQ's disposal guidelines. The City agrees to assist the Service Provider and, if necessary, agrees to adjust and regulate load weights in order to comply with the Texas Department of Transportation's weight guidelines. For Services provided under this Section 6.D., the Service Provider will charge for each Container utilized at the applicable rate contained in Attachment "A". C� SECTION 7. BULKY ITEMS. A. Bulky Item and Bundle Collections. The Service Provider will collect B 4 1%q Items from Single -Family Residential Units once per week, as designated by the Service Provider; provided, that Bulky Items (A) are placed at the curbside no later than 7:00 a.m. on the scheduled collection day, (B) are reasonably contained, and (C) do not exceed four (4) cubic yards in total volume or have any individual item exceeding one hindered (100) pounds in weight. The Service Provider shall only be responsible for collecting, hauling and recycling or disposing of Bulky Items from those Single -Family Residential Units that have complied with Sections 1 and 7.A. hereof. White Goods containing refrigerants will not be collected by the Service Provider unless such White Goods have been certified in writing by a professional technician to have had all such refrigerants removed. B. Negotiated Collections. It is understood and agreed that the service provided under Section 7 does not include the collection of Bulky Items comprised of Construction and Demolition Waste, White Goods or single items of Municipal Solid Waste in excess of one hundred (100) pounds in weight, or any materials resulting from remodeling, general property clean-up or clearing of property for the preparation of construction. However, the Service Provider may negotiate an agreement on an individual basis with the owner or occupant of a Single -Family Residential Unit regarding the collection of such items by utilizing the Service Provider's Roll -Off Services, SECTION 8. TITLE TO EQUIPMENT/REPAIR AND REPLACEMENT. Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed that all equipment, including, but not limited to, Containers, Roll -Out Containers, Roll -Off Containers, and Recycling Carts, provided by the Service Provider in connection with the Services, shall at all times remain the property of the Service Provider. All Containers, other than Roll -Outs and Recycling Carts shall be: (1) painted by Service Provider on demand, but not more often than once in any thirty (30) months period during the term of the Agreement, and (ii) steam cleaned by Service Provider upon demand, but not more often than once in any twelve (12) months period during the term of the Agreement. Upon prior notice, Service Provider shall remove any graffiti from Containers, other than Roll - Outs and Recycling Carts, within five (5) days of the date on which such notice is provided to Service Provider, or such longer period as may be reasonably required.44 SECTION 9. RATES AND FEES. Subject to adjustment, as provided in Section 10 he eto, the rates and fees to be charged and received by the Service Provider are provided in �Ekhibt "A". The applicable rates and fees apply to the City and all Commercial, Industrial, and Residential Units that are located within the City's corporate limits and billed by the City. Notwithstanding the foregoing, in the event that the City elects to reduce the frequency of services provided to Single -Family Residential Units pursuant to Section 4.1). hereof, rate charged by Service Provider to the City per Single Family 7 Residential Unit per month for such residential curbside collection services shall be reduced to $10.49 plus any rate adjustments pursuant v Section IO.A, hereof that have occurred as of the date on which such service reduction is ftnplemented. For example, if the City shall elect to reduce collection frequency pursuant to ection 4.D. during the fourth year of the term of this Agreement, and the rates set forth in "A" hereof have been increased by a total of three percent (3%) pursuant to Section 10.A. as of the date of such reduction in service, the rate charged by Service Provider to the City per Single Family Residential Unit per month for residential curbside collection services shall be $10.80, such amount being equal to: $10.49 + ($10.49 x 3%). Such rate shall be subject to further adjustment during the term of this Agreement as provided in Section IO.A. or elsewhere herein. SECTION 10, RATE ADJUSTMENT.ji c; A. CPI-U Adjustment. On each anniversary date of this Agreement, the Service Provider shall have the right, in its sole discetion and upon giving prior notice to the City, to increase or decreases the rates set forth in . "A" (the "Initial Rates") in accordance with the CPI-U. As used herein, "CPI-U" shall mean the revised Consumer Price Index for All Urban Consumers, Garbage and Trash Collection, Not Seasonally Adjusted, Base Period December 1983 = 100, as prepared by the United States Department of Labor, Bureau of Labor Statistics ("BLS"). The CPI-U used will be the CPI-U published by the Bureau during the month ninty (90) days preceeding the adjustment under this Section 10.A. The amount of increase or decrease under this Section IO.A. shall be equal to the percentage that the CPI-U has increased or decreased over the previous twelve (12) months period. If BLS designates an index with a new title or code number or table number as being the continuation of the index cited above, the new index will be used. Otherwise, the parties shall agree upon a new index. B. Governmental Fees. The parties acknowledge that the rates herein include all applicable fees, taxes, or similar assessments incurred under federal, state, and local laws, rule, regulations, and ordinances (excluding sales taxes and taxes imposed on income) (the "Fees"). The parties acknowledge and understand that the Fees may vary from time to time, and in the event any of such Fees are increased or additional Fees are imposed subsequent to the effective date of this Agreement, the parties agree that the rates herein shall be immediately increased by the amount of any such increase in Fees or additional Fees. SECTION 11. EXCLUSIONS. Notwithstanding anything to the contrary contained herein, this Agreement shall not cover the collection, hauling, recycling or disposal of any Excluded Waste, Hazardous Waste, animal or human, dead animals, auto parts or used tires, paint or chemicals from any Container provided at any Commercial, Industrial or Residential Unit; provided, however, that the Service Provider and the owner or occupant of a Commercial, Industrial or Residential Unit may negotiate an agreement on an individual basis regarding the collection, hauling or disposal of Construction and Demolition Waste, auto parts or used tires, concrete, dirt, gravel, rock or sand by utilizing the Service Provider's Roll -Off services. �3 SECTION 12. TERM OF AGREEMENT. The team of this Agreement shall be for a period of five (5) years, commencing on January 1, 2019 and concluding on December 31, 2023. Upon notice of its election to extend the tern of the Agreement given not less than ninety (90) days prior to the expiration of the term, the City may elect to extend the term by one (1) additional term of five (5) years under the same terms and conditions as setforth herein; provided, however, that the Service Provider may elect not to extend the term of the Agreement by providing notice of such election to the City not less than eleven (11) calendar months prior to the then applicable date on which the term shall expire. SECTION 13. ASSIGNMENT. This Agreement shall not be assignable or otherwise transferable by the Service Provider without the prior written consent of the City, which consent shall not be unreasonably withheld; provided, however, that the Service Provider may assign this Agreement to any direct or indirect affiliate or subsidiary of the Service Provider or to any person or entity succeeding to all or substantially all of the Service Provider's assets (whether by operation of law, merger, consolidation or otherwise) without the City's consent. SECTION 14. ENFORCEMENT. During the term of this Agreement and any extension thereof, the City agrees to adopt and maintain ordinances and revise existing ordinances so as to enable the Service Provider to provide the Services set forth herein. The City shall take any action reasonably necessary to prevent any other solid waste collection company from conducting business in violation of the exclusive franchise granted herein. If the Service Provider experiences recurring problems of damage or destruction to or theft of the Containers provided by the Service Provider pursuant to this Agreement, the Service Provider may, prior to replacing or repairing such Containers, require security deposits from the Commercial, Industrial or Residential Units utilizing such Containers. To the maximum extent allowed by applicable law, the City also hereby grants to the Service Provider the right of ingress and egress from and upon the property of Commercial, Industrial and Residential Units for the purposes of rendering the Services contemplated hereby. SECTION 15. PROCESSING, BILLING AND FEES. A. Monthly Statement. On a monthly basis, the Service Provider agrees to bill the City the rates and fees charged under Attachment "A" and, if applicable, Section 9 (as same may be modified from time to time in accordance with the terms hereof) for all Commercial, Industrial, and Residential Units possessing active City services (water, sewer, electric and / or trash) within the City's corporate limits, as well as for all other Commercial, Industrial, and Residential Units requiring the collection, hauling, recycling and disposal of Municipal Solid Waste within the City's corporate limits (the "Monthly Statement") on or around the lst of the month immediately following the month in which such Services were rendered, commencing on February 1, 2019. Thereafter, the City will remit to the Service Provider an amount equal to (y) such Monthly Statement, less (z) a franchise fee equal to six percent (6%) of the Monthly Statement (the "Franchise Fee"). Such remittance shall be made by the City on or before the last day of each month (for the immediately preceding month's service) commencing on February 28, 2019. Along with each monthly remittance, the City shall provide the Service Provider with a report indicating the service type, size, location, and rate of Commercial Units and Industrial Units, as well as the number and rate of Residential Units which have been billed for that month. The City shall be solely responsible for billing and collecting such rates and fees from all Commercial, Industrial, and Residential Units possessing active City services (water, sewer,electric and / or trash) within the City's corporate limits, as well as from all other Commercial, Industrial, and Residential Units requiring the collection, hauling and disposal of Municipal Solid Waste within the City's corporate limits. Nothing herein shall prohibit the City from collecting sums in addition to those sums called for herein. B. Taxes. In addition to the amounts billed and collected by the City under Section 15.A., the City shall also be responsible for billing, collecting and remitting/paying any and all sales; use and service taxes assessed or payable in connection with the Services. In addition to the rates billed and collected by the Service Provider under Section 15.D., the Service Provider shall be responsible for billing, collecting and remitting/paying any and all sales, use and service taxes assessed or payable in connection with the Roll -Off Services, C. Bad Debt; Unpaid Rates/Fees. The City agrees that payments owing to the Service Provider pursuant to this Agreement shall be based solely on the Services rendered by the Service Provider. The Service Provider shall not be held responsible for the collection of "bad debt" billed by and owed to City for the Services, nor shall the Service Provider be penalized for Services rendered that remain unpaid by any Commercial, Industrial or Residential Units. D. Billings for Roll -Off Services. Notwithstanding the above, the Service Provider will bill and collect all rates charged in Attachment "A" from all Residential, Commercial and Industrial Units for services performed with respect to Roll -Off Containers (the "Roll -Off Billing"). The Service Provider shall also bill and collect the rates charged in Attachment "A" from the City for all Services performed for the City with respect to Roll -Off Containers, E. Roll -Off Franchise Fee. On a monthly basis, the Service Provider shall remit to the City an amount equal to six percent (6%) of the gross receipts collected from the Roll -Off Billing during the immediately preceding month (the "Roll -Off Franchise Fee"). The Roll -Off Franchise Fee shall be remitted to the City in arrears on or around the last day of each month, immediately following the month in which such gross receipts were collected, commencing on February 28, 2019. SECTION 16. SPILLAGE. It is understood and agreed that the Service Provider shall not be required to clean up, collect or dispose of any loose or spilled Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials not caused by the Service Provider's rendering of the Services, or be required to collect and dispose of any excess Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials placed outside of the Containers by any Commercial, Industrial or Residential Unit. The Service Provider may report the location of such conditions to I[I; the City so that the City can issue proper notice to the owner or occupant of the Commercial, Industrial or Residential Unit instructing the owner or occupant to properly contain such Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials. Should excess Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials continue to be placed outside of the Containers, the City shall require the Commmercial, Industrial or Residential Unit to increase the frequency of collection of such Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials, or require the Commercial, Industrial or Residential Unit to utilize a Container with sufficient capacity so that the excess Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials will be regularly contained. The Service Provider shall be compensated for these additional Services as provided for in Attachment "A" hereof, and shall be entitled to receive an extra collection charge For each additional Container requiring an extra collection. SECTION 17. NON -COLLECTION NOTICE AND FOLLOW-UP. A. Notice from the Service Provider. It is specifically understood and agreed that where the owner or occupant of a Commercial, Industrial or Residential Unit fails to timely place a Container as directed in this Agreement, including without limitation, Sections 4 and 5 hereto, or is otherwise in violation of the City's ordinances and regulations, the Service Provider's reasonable rules adopted hereunder or the provisions of this Agreement relating to the nature, volume or weight of Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials to be removed, the Service Provider may refrain from collecting all or a portion of such Municipal Solid Waste, Construction and Demolition Waste, and/or Recyclable Materials and shall notify the City within eight (8) hours thereafter of the reason for such non -collection. The Service Provider shall also provide written notice to the Commercial, Industrial or Residential Unit of the reason for such non -collection, unless such non -collection is the result of the Commercial, Industrial or Residential Unit's failure to timely place the Containers or Bulky Items out for collection. Such written notice shall be attached to the Container or the uncollected waste, shall indicate the nature of the violation and shall indicate the correction required in order that such materials may be collected. B. Notice from a Commercial Indushial or Residential Unit. When the City is notified by an owner or occupant of a Commercial, Industrial or Residential Unit that Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Material has not been removed from such Commercial, Industrial or Residential Unit and where no notice of non -collection or a change in collection schedule has been received by the City from the Service Provider, or the Service Provider has failed to collect Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials from the Commercial, Industrial or Residential Unit without cause, as supported by notice as described herein, then the Service Provider will use all reasonable efforts to collect such Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials on the day a collection order is issued by the City; provided, however, that if the Service Provider fails to make such collection on the same day that a collection order is issued by the City, the Service Provider shall notify the City by the end of the business day of any locations not collected by the end of the day and make such collection no later than 12:00 p.m. on the following Business Day, and there shall be no charge to the Service Provider for any such 11 original non -collection or late collection so long as the Service Provider makes such collection within such time. SECTION 18. HOURS OF SERVICE. For all the Services provided hereunder, the Service Provider's hours of service shall be between 7:00 a.m. to 7*00 p.m., Monday through Friday. The Service Provider will not be required to provide service on weekends or Holidays except during natural disasters or emergencies, and may, at its sole discretion, observe Holidays during the term of this Agreement; provided, however, that the Service Provider shall provide such services on the immediately following business day. SECTION 19. CUSTOMER SERVICE. The Service Provider agrees to field all inquiries and complaints from Commercial, Industrial and Residential Units relating to the collection, hauling and disposal of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials, The Service Provider shall provide a single source contact/resource to receive City staff requests and/or complaints. Such resource shall respond to the City within two (2) hours of initial outreach, or such longer time as may be reasonably required. If the Service Provider is unable to resolve a conflict within 24 hours, the Service Provider will notify City and provide documentation to the City's reasonable satisfaction explaining the reasons the complaint cannot be satisfied within 24 hours. The Service Provider and the City agree to cooperate with each other in the response to any such inquiries and the resolution of any such complaints. SECTION 20. REPORTING The Service Provider agrees to provide the following daily and monthly reports to the City. Reports shall be in a format approved by the City. Complete and accurate daily reports must be submitted to the City by 10:00 AM, CST each business day. Daily reports must contain the following information: A. Daily Call Log —Spreadsheets listing the calls received by date and time, type of call (missed collection, complaint, inquiry), and resolution. B. Unacceptable Set -out Log —Spreadsheet of unacceptable set -outs by address and description of reason. Complete and accurate monthly reports must be submitted to the City on or before the tenth (1 Oth) of each month. Monthly reports must contain the following information: 12 A. Amount of Solid Waste and Program Recyclable Materials Collected — Spreadsheet listing amounts (in tons/pounds) of solid waste and program recyclable materials collected by customer type. The spreadsheet must also include yearAo-date totals. B. Customer List for Roll -off Services — Identify each by address and level of service, name, and contact information. C. Billing and Revenue Documentation — Documentation justifying the Service Provider's billings and revenue derived by the Service Provider for services within the City. D. Summary of motor vehicle accidents or moving violations involving the Service Provider's vehicles — Identify vehicle, employee and description of violation. SECTION 21. COMPLIANCE WITH APPLICABLE LAWS. The Service Provider shall comply with all applicable federal and state laws regarding the collection, hauling and disposal of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials, including existing and future laws that may be enacted, as well as any regulations reasonably passed by the City that are not in derogation of this Agreement. Nothing in this Agreement shall be construed in any manner to abridge the City's right to pass or enforce necessary police and health regulations for the reasonable protection of its inhabitants. The City shall have the right to make reasonable inspections of the Service Provider in order to insure compliance with this Section 20. SECTION 22. VEHICLES AND EQUIPMENT. Vehicles used by the Service Provider for the collection, hauling, recycling, and disposal of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials shall be protected at all times while in transit to prevent the blowing or scattering of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials onto the City's public streets, or properties adjacent thereto, and such vehicles shall be clearly marked with the Service Provider's name in letters and numbers not less than two (2) inches in height. All collection vehicles used by the Service Provider shall be washed and deodorized once per week. SECTION 23. DUE CARE. The Service Provider shall exercise due care and caution in providing the Services so that the City's public and private property, including streets and parking areas, will be protected and preserved. Notwithstanding the foregoing, the City warrants that the City's pavement, curbing or other driving surface or any right of way reasonably necessary for the Service Provider to provide the Services described herein are sufficient to bear the weight of all of the Service Provider's equipment and vehicles reasonably required to perform such Services. The Service Provider will not be responsible for damage to any such pavement, curbing, driving surface or right of way, except to the extent resulting from the Service Provider's negligence or willful misconduct. 13 SECTION 24. PERSONNEL AND PERFORMANCE STANDARDS. The Service Provider shall not deny employment to any person on the basis of race, creed or religion, and will insure that all federal and state laws pertaining to salaries, wages and operating requirements are met or exceeded. The Service Provider, its agents, servants and employees shall perform the Services in a courteous, competent and professional manner. During the term of this Agreement and any extension thereof, the Service Provider shall be responsible for the actions of its agents, servants and employees while such agents, servants and employees are acting within the scope of their employment or agency. The Service Provider represents and war7ants that neither the Provider nor the Provider's employees that are authorized to perform any work under the terms of the resulting contract has been convicted of a felony criminal offense, or that if such a conviction has occurred, the Provider shall fully advise the City as to the facts and circumstances surrounding the conviction to the extent permissible under applicable law. SECTION 25. INSURANCE COVERAGE. With the exception of Workers' Compensation, all policies shall be endorsed to include the City, its officers and employees as additional insured's, and all policies, including Workers' Compensation, shall be endorsed to include a waiver of subrogation for the City, its officers and employees. Service Provider shall provide thirty (30) days written notice prior to termination of any of the policies required under this Agreement. The Service Provider shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to properties, which may arise from or in conjunction with the performance of the work hereunder by the Service provider, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the Service Provider and a Certificate of Insurance evidencing that such insurance has been procured and is in force will be forwarded to the City before commencement of work hereunder. Certificates of insurance shall be prepared and executed by the insurance company or its authorized agent, and shall: (1) set forth all endorsements and insurance coverages according to the requirements and constructions contained herein and the insurance policies. Service Provider represents that all such policies meet the requirements of this Agreement. Required limits may be satisfied by any combination of primary and umbrella liability insurances. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A-" by AM Best or other equivalent rating service. Pursuant to this Agreement, the Service Provider shall carry the following types of insurance in an amount equal to or exceeding the limits specified below: Coverage 's Compensation Minimum Limits of Liabili Statutory for all employees 14 (2) Employer's Liability (3) Comprehensive &General Liability (except automobile) (4) Property Damage Liability (except automobile) (5) Comprehensive Automobile Liability, Bodily Injury and drivers — as required by law. $1,000,000 per occurrence $1,000,000 in aggregate $1,0005000 per occurrence; $2,000,000 in the aggregate $1,000,000 per occm7ence; $2,000,000 in the aggregate $1,000,000 per occurrence; $2,000,000 in the aggregate (6) Comprehensive Automobile Property Damage Liability $1,000,000 per occurrence; $2,000,000 in the aggregate (7) Excess or Umbrella $5,000,000 per occur7ence To the extent permitted by law or this Agreement, any or all of the insurance coverage required by this Section 25 may be provided under a plan(s) of self-insurance, including coverage provided by the Service Provider's parent corporation. The Service Provider shall furnish the City with a certificate of insurance verifying the insurance coverage required by this Section 25. SECTION 26. INDEMNITY. The Service Provider agrees to indemnify and hold harmless the City and its agents, directors, employees, 'officers and servants fiom and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, liabilities, losses or expenses (including, but not limited to, reasonable attorneys' fees) caused by a willful or negligent act or omission of the Service Provider, its officers and employees. Notwithstanding anything to the contrary contained herein, the Service Provider shall have no obligation to indemnify the City or the City's agents, directors, employees, officers, or officials, to the extent any such claims, actions, lawsuits, losses, expenses, injuries, damages, judgments or liabilities arise out of. (i) the negligence or willful misconduct of City or the City's agents, directors, employees, officers, or officials, (ii) the City's breach of any of the terms, conditions, representations, or warranties contained in this Agreement, or (iii) the violation of any law, rule, regulation, ordinance, order, permit, or license by City or the City's agents, directors, employees, officers, or officials. SECTION 27. SEVER.ABILITY PROVISION. In the event that any term or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, this Agreement shall, to the extent reasonably possible, remain in force as to the balance of its terms and provisions as if such invalid term or provision were not a pant hereof. 1 SECTION 28. TERMINATION. Any failure by either party or its successors and assigns to observe the terms and conditions of this Agreement shall, if continuing or persisting without remedy for more than thirty (30) days after the receipt of due written notice from the other party, constitute grounds for forfeiture and immediate termination of all the defaulting party's rights under this Agreement, and all such rights shall become null and void. Notwithstanding the foregoing, if the City determines, and notifies the successful Service Provider, that any default by Service Provider hereunder poses an immediate and material threat to the health or safety of any person or to any property interest, and if the Service Provider has not cured such default within twenty-four (24) hours after receipt of such notice, the City shall have the right to perform or cause to be performed all or part of the work necessary to cure such default. In the event that the City performs such work, or caused it to be performed, the Service Provider shall compensate the City for the reasonable cost thereof. The City shall have the right to deduct any such reasonable compensation due to the City from any sums otherwise due and owing to the Service Provider. SECTION 29. FORCE MAJEURE. Except for payment of amounts due hereunder, the performance of this Agreement may be suspended and the obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes beyond reasonable control of such party. The performance of this Agreement will be suspended and the obligations hereunder excused only until the condition preventing performance is remedied. Such conditions shall include, but not be limited to, acts of God, acts of war, accident, explosion, fire, flood, riot, sabotage, acts of terrorists, unusually severe weather, lack of adequate fuel, or judicial or governmental laws or regulations. In the event of a public emergency, natural disaster, hur7icane, flood, tornado, or other similar event, Service Provider may cease, or otherwise modify, any and all services provided for hereunder in order to ensure the safety of Service Provider's employees and the other members of the community, as well as to protect Service Provider's property. However, Service Provider shall make commercially reasonable efforts to resume regular services as soon as reasonably practicable. SECTION 30. GOVERNING LAW. This Agreement shall be governed in all respects, including as to validity, interpretation and effect, by the internal laws of the State of Texas, without giving effect to the conflict of laws rules thereof. The parties hereby irrevocably submit to the jurisdiction of the courts of the State A Texas and the Federal courts of the United States located in the State of Texas, solely in respect of the interpretation and enforcement of the provisions of this Agreement, and hereby waive, and agree not to assert, as a defense in any action, suit or proceeding for the interpretation or enforcement hereof, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in said courts or that the venue thereof may not be appropriate or that this Agreement may be enforced in or by said courts, and the parties hereto irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a Texas State or Federal court. The parties hereby consent to and grant any such court jurisdiction over the person of such parties and over the subject matter of any such dispute and agree that mailing of process or other papers in connection with any such action or proceeding to the addresses of the parties listed below, or in such other manner as may be permitted by law, shall be valid and sufficient service thereof. SECTION 31. NOTICES. Any notices required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party at the address set forth below: If to the City: City Sanger P.O. Box 1729 Sanger, Texas 76266 Attn: City Manager If to the Service Provider: District Manager 802 Topeka Justin, TX. 76247 With a Copy to: Waste Connections US, Inc. 3 Waterway Square Place, Suite 110 The Woodlands, Texas 77380 Attn: Legal Department or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. SECTION 32. PERFORMANCE BOND. The Service Provider shall maintain a performance bond in the amount of $100,000.00, renewed annually and payable to the City for the purpose of guaranteeing the perforrrrance of the services set forth herein. The surety on the bond must be a duly authorized corporate surety company authorized to business in the State of Texas. Said bond shall be payable to the City in the event that the Service Provider fails to cure any default of this Agreement. SECTION 33. ATTORNEYS' FEES. The prevailing party in any dispute between the parties arising out of the interpretation, application or enforcement of any provision hereof' shall be entitled to recover all of its reasonable attorneys' fees and costs whether suit be filed or not, including without limitation costs and attorneys' fees related to or arising out of any trial or appellate proceedings. 17 SECTION 34. NON -WAIVER. One (1) or more instances of forbearance by either party in the exercise of its respective rights or remedies herein shall in no way constitute a waiver of the exercise of such rights or remedies. SECTION 35. ACCEPTANCE. PASSED AND APPROVED BY THE CITY OF SANGER COUNCIL MEETING AT A TIME AND PLACE IN COMPLETE CONFORMITY WITH THE OPEN MEETING LAWS OF THE STATE OF TEXAS AND ALL OTHER APPLICABLE LAWS THIS DAY OF 12018* WASTE CONNECTIONS LONE STAR, INC Its: Name: i4z� c. 2 � CITY OF SANGER, TEXAS Name; ATTEST By: Its: Nat ATTACHMENT "A" WASTE CONNECTIONS 4001 Old Denton Rd, Haltom City, Texas 76117 Contact: Marty Grant; District Manager Phone: (817)222-2221 City of BANGER RATE SHEET Effective: RESIDENTIAL CURBSIDE COLLECTION: $14.70 per month, per residential unit (includes collection of 1 Cart & 1 Recycling Container per week Additional Cart: $4.50 per month, per residential unit per each additional Cart Additional Recycling Container: $4.60 per month, per residential unit per each additional Recycling Container COMMERCIAL HAND COLLECT: $18,00 per month, per Commercial Hand Collect Unit with 1 Roll•out $27.00 per month, per Commercial Hand Collect Unit with 1 Roll -out COMMERCIAL HAND RECYCLE COLLECT: $18.00 per month, per Commercial Hand Collect Unit with 1 Roll -out CONTAINER COMMERCIAL RATE SCHEDULE Lifts Per Week -Monthly Service Rates Containers 1 2 3 4 5 6 i Extra -Lifts 4CublcYd :• r• � rr �� --- : �r ' BCubicYd - �r •: �• � • �r --- � �- w/ Casters § 11.00 per month,per Container Containers w/ Locks or Gates § 11.00 per month,per Container ROLL OFF RATE SCHEDULE CONTAINER ROLL OFF OPEN TOPS ® :HAUL 20 Cubic Yd ;DELIVERY • DAILY RENT DISPOSAL '.. • • - DRY RUNS: 30 Cubic Yd • '• 40 Cubic Yd •, , • r r '• r • = CONTAINER CITY ROLL OFF RATES ® ;HAUL 20CubkYd •� r� DELIVERY rr DAILY RENT � DISPOSAL �• •- 30Cubic Yd 10010 •# ri �• •= 40Cubic Yd r •r �r �• •_ 20 Cubic Yd `_—_— Sludge ` • --- Franchise and Billing Fees: Residential: 6% Franchise Fee Commercial: 6% Franchise Fee ROII.Off: 6% Franchise Fee All rates are Inclusive of all franchise and billing fees ` Rates do not include any Sales Tax ' Rates do not include any Fuel Surcharges DRC MEDIA COMPANY NEWS 8L ADVERTISING SOLUTIONS One company delivers it all. 3555 Duchess Drive P.O. Box 369 Denton, TX 76202 940-387-381 1 Publication(s): Denton Record -Chronicle PROOF OF PUBLICATION Being duly sworn (s)he is the Publisher/authorized designee of Denton Record -Chronicle, in City of Denton/surrounding areas in Denton County; Newspaper of general circulation which has been continuously and regularly published for a period of not less than one year preceding the date of the attached notice, and that the said notice was published in said newspaper Denton Record -Chronicle on the following dates below: 10/04/2018 (signature of Authorized Designee) Subscribed and sworn to before me this 4th day of October, 2018 by (printed name of Designee) Witness my hand and official seal: (signature name of signee) Notary Public, Denton County, Texas BANGER CITY OF P 0 BOX 1729 BANGER TX 76266 KAYCEE KEY Notary Public State ®f Texas ID # 131297498 Eamm, Ex0res 09.28.2021 Ad Number: 6666 Price: $23.40