HomeMy WebLinkAboutRes 2021-08-977 Contract for Solid Waste and Recycling Services with CARDSCITY OF ANNA, TEXAS
RESOLUTION NO. 2021-J- q1q
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT FOR SOLID WASTE AND
RECYCLING SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND CARDS
DALLAS, INCORPORATED, A TEXAS CORPORATION, AS SHOWN IN EXHIBIT "A"
ATTACHED HERETO, IN A FORM APPROVED BY THE CITY ATTORNEY, AND
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City of Anna is responsible for providing contract services for solid waste and
recycling collection within the City Limits of the City of Anna, Texas, and;
WHEREAS, the City of Anna completed a public proposal request process for solid waste and
recycling services in the City of Anna Texas in 2020, and;
WHEREAS, the City of Anna received three proposals and completed an in-depth review and
interview process with each proposing company, and;
WHEREAS, the City of Anna contracted with CARDS Dallas, Incorporated as the winning
proposer based upon a combination of proposed prices, experience, and capabilities, and;
WHEREAS, the City is seeking to amend and restate the original contract with CARDS Dallas,
Incorporated for solid waste and recycling services, and;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council hereby authorizes the City Manager to execute the contract in a form as
approved by the City Attorney as shown in Exhibit "A" attached hereto.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24th day of
August, 2021.
ATTEST:
City Secretary, Carrie L. Land
APPROVED:
<p
Mayor, Nate Pike
1
EXHIBIT "A"
CONTRACT
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
STATE OF TEXAS §
§ FIRST AMENDED AND RESTATED SOLID WASTE
§ COLLECTION AND DISPOSAL CONTRACT
COUNTY OF COLLIN §
This First Amended and Restated Solid Waste Collection and Disposal Contract (the "Contract")
is entered into by and between the City of Anna, Texas, a Texas home rule municipality (the "City") and
CARDS DALLAS INC, a corporation licensed to do business in the State of Texas and CARDS
HOLDINGS, INC., a corporation licensed to do business in Arkansas (CARDS DALLAS INC and CARDS
HOLDINGS, INC. collectively referenced as "Contractor"), acting by and through their authorized
representatives.
WITNESSETH
WHEREAS, City is empowered under state and local law to provide solid waste Collection and
Disposal services to its residents and commercial establishments and has the authority to enter into solid
waste service Contracts to acquire, sell, lease or allow for the operation of all or any part of a solid waste
management system, including the Collection, transportation and Disposal of solid waste; and
WHEREAS, the 2020 the Contractor submitted a proposal, in response to a Request for Proposal
from the City, to provide solid waste Collection and Disposal services, including the Collection of
recyclables and, bulk trash, including brush pickup, within the City, and to perform such work as may be
incidental thereto; and
WHEREAS, the City approved and authorized the City Manager to execute a contract for solid
waste and recycling services by and between the City of Anna, Texas, and CARDS Dallas, Incorporated as
stated in Resolution 2020-7-759, approved on July 14, 2020; and
WHEREAS, the Contractor has completed the first year of the original seven-year contract term;
and
WHEREAS, the City and Contractor both desire to make amendments to the original contract
approved by Resolution 2020-7-759; and
NOW THEREFORE, in consideration of the mutual agreements and covenants contained herein,
the parties agree as follows:
1. The Contractor is hereby granted the sole and exclusive privilege and duty, to the extent allowed
by law, within the territorial jtiu•isdiction of the City, and agrees to furnish all personnel, labor, equipment,
trucks, and other items necessary to provide Solid Waste Collection, hauling and Disposal for residential,
commercial and industrial/Roll-off customers and Recyclable Materials Collection and Processing in
accordance with this Contract and to perform all of the work called for and described in the Contract
documents.
2. The initial term this Contract shall be for a period of seven (7) years, beginning on August 31, 2020
and terminating on September 30, 2027. After the initial term, the City may renew this Contract for three
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
i
(3) additional renewal terms of one (1) year each. The Contractor may prohibit the City from exercising an
optional renewal term by providing written notice to the City of its election to reject a renewal term on or
before eleven (11) months before the scheduled date of expiration of the initial term or the then current
optional renewal term of this Contract. If the Contractor does not provide such written notice to the City on
or before eleven (11) months preceding the scheduled date of expiration of the initial term or the then
current optional renewal term of this Contract prohibiting City from exercising the optional renewal term,
the City may upon written notice to the Contractor not later than ninety (90) calendar days preceding the
scheduled date of expiration of the initial term or the then current optional renewal term of this Contract
exercise such optional renewal term by such notice. This provision in no way limits the City's right to
terminate this Contract at any time during the initial term or any optional renewal term thereof in accordance
with this Agreement.
3. This Contract includes the General Conditions attached hereto, and shall also include the following
Contract Documents which are incorporated herein by reference as if set forth verbatim in this Contract:
A. City Council Resolution approving Original Contract. (Exhibit "A")
B. Solid Waste and Recycling Collection Fees (Exhibit "B")
C. Original Contract (Exhibit "C")
In the event of any conflict between or among the Contract Documents, this Contract shall conh•ol. In the
event of a conflict between this Contract (including its General Conditions) and its exhibits, the sequencing
Athe documents are intended to represent priority. For example, the General Conditions will prevail over
conflicts in other Contract Documents,
4. All provisions of this Contract shall be strictly complied with by the Contractor, and no amendment
to this Contract shall be made except upon the mutual written agreement of the parties. No amendment shall
be construed to release either party from any obligation of this Contract except as specifically provided in
such amendment.
5. The Contractor shall keep in full force and effect throughout the term of this Contract insurance,
and performance bonds, as recited herein, in the amounts and types specified in and required by the Contract
documents.
6. The Contractor has the sole obligation to exercise and enforce, at its sole expense, the exclusivity
provided for herein as against third parties, and may present claims and bring suit for its damages and
injunctive relief against third parties —but not against the City —for a violation of Contractor's exclusivity
herein.
7. This Contract shall be binding on and inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors, and assigns. This Contract may not be assigned
or delegated without the consent of the City, which consent shall not be unreasonably withheld.
8. This Contract is the entire agreement between the parties with respect to the subject matter covered
in this Contract. There is no other collateral, oral, or written agreement between the parties that in any
matter relates to the subject matter of this Contract, except as provided in the Contract documents.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
11
9. The validity of this Contract and any of its terms and provisions, as well as the rights and obligations
of the parties, shall be governed by the laws of the State of Texas; and exclusive venue for any action
concerning this Contract shall be in a court of proper jurisdiction of Collin County, Texas.
10. In the event anyone or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality, or unenforceability
shall not affect other provisions, and this Contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in it.
Executed in single or multiple originals this day of 2021.
CARDS DALLAS INC
By:
Dan Christensen, its President
[insert mailing address of company]
CARDS HOLDINGS, INC
By:
Dan Christensen, its President
[insert mailing address of company]
CITY OF ANNA, TEXAS
By:
Jim Proce, City Manager
111 N. Powell Parkway
Anna, Texas 75409
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
iii
CITY OF ANNA SOLID WASTE
COLLECTION AND DISPOSAL CONTRACT
GENERAL CONDITIONS
Table of Contents
Solid Waste Collection and Disposal Contract____
General Conditions iv
1.0 ARTICLE 1; Definitions-------------- ............. -......................... 1.
2.0
3.0
5.0
6.0
7.0
E:�17
9.0
ARTICLE 2; Types of Collections--------------------------------------------------------------------- 4.
ARTICLE 6; Collection Fees----------------------------------------------------------------------------15-
ARTICLE'7;
ARTICLE 8; Insurance; Indemnification;
ARTICLE 9; Miscellaneous----------------------------------------------------------------------------- 22
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
iv
Exhibit C
Original Contract
ARTICLE 1 Definitions
Terms defined herein and their derivations shall have the meanings as set forth in herein.
Bulky Waste: Bulky Waste shall mean solid waste composed of materials not easily contained in a Cart such
as, but not limited to white goods, furniture, Yard Trimmings, large electronics, and other oversized solid waste.
Any solid waste not placed within a Cart will be removed by the Contractor as Bulky Waste,
Business Day: Business day shall mean any day, Monday through Friday, from 8:00 AM, Central Standard
Time until 5:00 PM, Central Standard Time, which is not a holiday designated as such in the Contract.
Cart: Cart shall mean a receptacle purchased by the Contractor or City meeting the specifications set forth in
this Contract which designed to be mechanically dumped into a loader -packer type truck via a fully -automated
tuck arm (ANSI Z245.60 Type G) and semi -automated truck tipper (ANSI Z245.60 Type B),
City: City shall mean the City of Anna, Texas.
City Facility: City Facility shall mean any City owned or operated facility designated by the Contact
Administrator as a City Facility to receive City services. The City has the sole authority to add or eliminate
City Facilities to receive City services.
Collect or Collection: Collect or Collection shall mean the act of removing solid waste, including Bulky
Waste, for transport to a Disposal site or the act of removing Program Recyclable Materials and program
household hazardous waste and electronics for transport to a Processing facility.
Commercial Service Unit: Commercial Service Unit shall mean all establishments other than residential
service units, Homeowner Association Units, or Independent School District Units within the corporate limits
of the City
Compactor: Compactor shall mean a mechanical unit that receives, compacts and reduces the volume of solid
waste or Recyclable Materials.
Container: Container shall mean Carts, Dumpsters and Roll -offs.
Contract: Contract shall mean this Contract, inclusive of these General Conditions, the Request for Proposals,
Instructions to Bidders, Contractor's Proposal, Contract Specifications, this Contact, Performance Bond or
Letter of Credit, and any addenda or changes to the foregoing documents agreed to by the City and the
Contractor.
Contract Administrator: Contact Administrator shall mean the person, or his designee, designated by the
City to administer and monitor the provisions of this Contract.
Contractor: Contactor shall mean CARDS Dallas Inc, a Texas corporation, and CARDS Holdings, Inc., an
Arkansas corporation.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
I
Exhibit C
Original Contract
Disaster Debris: Disaster debris shall mean any waste materials including building materials, sediments,
vegetative debris, personal property, and other materials resulting from a disaster. Disaster debris may be
generated by any sector affected by a disaster (e.g., households, businesses, government, etc.)
Dispose or Disposal: Dispose or Disposal shall mean the deposon, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water Dispose or Disposal; Dispose or Disposal shall further mean
the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste
(whether Containerized or un-Containerized) into or on any land or water so that such solid waste or hazardous
waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any
waters, including groundwater. Contractor shall lawfully Dispose of materials at a Disposal site.
Disposal Site: Disposal site shall mean a landfill or other solid waste management facility permitted under all
applicable local, state, and federal laws and regulations for Disposal of solid waste.
Dumpster: Dumpster shall mean a metal receptacle with atight-fitting lid and a minimum capacity of
approximately two (2) cubic yard, a maximum capacity of eight (8) cubic yards, and designed to be lifted and
emptied mechanically. Contractor shall provide Dumpsters to customers.
Homeowner Association Units: Shall mean a property owners association as defined in Chapter 209 of the
Texas Property Code.
Independent School District Units: Shall mean facilities owned and operated by Anna ISD.
Implementation Plan: Implementation Plan shall mean the formal plan prepared by the Contractor and
approved by the City Manager for transitioning solid waste services from the current provider to the Contractor.
Original Contract: Original Contract shall mean the contract approved by the City Council in Resolution
2020-7-759, dated July 14, 2020.
Process or Processed or Processing: Process or Processed or• Processing shall mean recovery of Recyclable
Materials, treatment into recovered materials, and marketing of recovered materials to end markets and
recovery of program household hazardous waste and electronics, treatment of program household hazardous
waste and electronics, and marketing of recovered materials to end markets.
Processing Facility: Processing Facility shall mean a facility permitted under all applicable local, state, and
federal laws and regulations for Processing of Recyclable Materials and/or program household hazardous waste
and electronics.
Program Household Hazardous Waste and Electronics: Program Household Hazardous Waste and
Electronics shall mean materials proposed by Contractor to be included and agreed by the City to be included
as program household hazardous waste and electronics.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
2
Exhibit C
Original Contract
Program Recyclable Materials: Program Recyclable Materials shall mean mixed waste paper (including
corrugated cardboard, newspaper, junk mail, phone books, beverage packaging, cereal boxes, chipboard,
envelopes, magazines etc.), bagged shredded paper, steel and tin cans (fi•uit and vegetable cans), aluminum
cans, plastic Containers - # 1,2,3,4,5 & 7, and glass bottles/jars/Containers and shall be collected in a Single
Stream. In addition, Program Recyclable Materials include other materials proposed by Contractor to be included
and agreed by the City to be included as Program Recyclable Materials,
Recyclable Material: Recyclable Material shall mean a material that has been recovered or diverted from the
non -hazardous waste stream for purposes of reuse, Recycling, or reclamation, a substantial portion of which is
consistently used in the manufacture of products that may otherwise by produced using raw or virgin materials.
Recyclable material is not solid waste. However, recyclable material may become Solid Waste at such time,
if any, as it is abandoned or Disposed of rather than recycled, whereupon it will be Solid Waste, with respect
to the person actually abandoning or disposing of such material.
Recycling: Recycling shall mean a Process by which materials that have served their intended use or are
scrapped, discarded, used, surplus, or obsolete are collected, separated, or Processed and returned to use in the
form of raw materials in the production of new products. Except for mixed municipal solid waste composting,
that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or
institutional sources, Recycling includes the composting Process if the compost material is put to beneficial
use.
Recycling Services: Recycling Services shall mean the Collection and Processing of Program Recyclable
Materials and Program Household Hazardous Waste and Electronics.
Residential Unit: Residential Unit shall mean a room or a group of rooms including cooking accommodations,
occupied by one family, and in which not more than two persons, other than members of the family, are lodged
or boarded for compensation at any one time and/or as designated by the Contract Administrator as a
Residential Unit.
Roll -off: Roll -off shall mean a metal receptacle with a minimum capacity of approximately twenty (20) and a
maximum capacity of forty (40) cubic yards, intended for high -volume generation of solid waste, and designed
to be transported to a Disposal site by loading of receptacle onto rear of transporting vehicle. Contractor shall
provide Roll -offs.
Set -out: Set -out shall mean material(s) placed by a customer for Collection by Contractor,
Single Stream: Single Stream shall mean commingled and not required to be subdivided by the customer prior
to Collection.
Solid Waste: Solid Waste shall mean garbage, rubbish, refuse, sludge fi•om a wastewater treatment plant, water
supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid,
semi -solid, or contained gaseous material resulting fi•om industrial, municipal, commercial, mining, and
agricultural operations and from community and institutional activities. The term does not include:
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
3
Exhibit C
Original Contract
a) Solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows,
or industrial discharges subject to regulation by permit issued under Texas Water Code, Chapter 26;
b) Solid, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object
of the fill is to make the land suitable for the construction of surface improvement;
c) Waste materials that result from activities associated with the exploration, development, or production
of oil or gas or geothermal resources and other substance or material regulated by the Railroad
Commission of Texas under Natural Resources Code, §91.101, unless the waste, substance, or material
results fiom activities associated with gasoline plants, natural gas liquids Processing plants, pressure
maintenance plants, or depressurizing plants and is hazardous waste as defined by the administrator of
the EPA under the federal Solid Waste Disposal Act, as amended by RCRA, as amended (42 USC,
§§6901 et seq.); or
d) Unacceptable waste.
Solid Waste Services: Solid Waste Services shall mean the Collection and Disposal of solid waste including
without limitation Bulky Waste.
Special Events: Special Events shall mean events sponsored in whole or in part by the City, or conducted
within the City and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics
and organized musical and sporting events.
Unacceptable Set -out: Unacceptable Set -out shall mean aSet-out for Collection that does not comply with
the requirements of the Agreement.
Unacceptable Waste: Unacceptable Waste shall mean any solid waste, the acceptance and handling of which
by Contractor would cause a violation of any permit or regulatory requirement, including, but not limited to,
untreated Medical Waste, solid or dissolved material in domestic sewage, or solid or dissolved material in
irrigation return flows, or industrial discharges subject to regulation by permit.
White Goods: White Goods shall mean ail major appliances, such as washers, dryers, refrigerators, freezers,
stoves, dishwashers, hot water tanks, and trash Compactors and other• items of similar weight, material, size
and nature.
Yard Trimmings: Yard Trimmings shall mean any cuttings or trimmings from trees, shrubs, or lawns, and
similar materials.
ARTICLE 2 Types of Collection
2.01 Residential Collection:
2.01.01 Contractor shall collect Solid Waste and Program Recyclable Materials from the premises
of residential accounts within the City utilizing Carts and semi -automated or automated Collection
vehicles. Separate Carts shall be provided for Solid Waste and for Program Recyclable Materials. All
Residential Units will be furnished by Contractor with a new Cart for Solid Waste Services and
Recycling Services as described in this Contract within five (5) business days from request submitted
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
4
Exhibit C
Original Contract
to the Contractor. Residential Units will be provided with additional Carts if requested by the Customer.
Point of service or Collection shall be the paved alley at the driveway connection to the Residential
Unit, the street at the driveway connection to the Residential Unit, or at some other location determined
by the City. Side door collection for those residents that are physically unable to place their Cart in the
required location will be provided at no additional charge. Collection of Solid Waste, Program
Recyclable Materials, shall occur a minimum of once weekly, on the same scheduled day, unless
otherwise specified. The Contractor may revise or amend the designated collection routes subject to
approval by the Contract Administrator.
2.01.02 Residential Collection Set -out, including Bullcy Waste, has no Set -out limits. Residents
may Set -out excess solid waste, Bulky Waste and Program Recyclable Materials outside Carts.
Contractor shall collect all Christmas trees outside of Carts for the two weeks following December
25th.
2.01.03 All Collection from Residential Units of solid waste and Program Recyclable Materials
will occur on the same day of the week. Bulky Waste Collection is provided on the same day as
Collection of solid waste and Program Recyclable Materials or the following day once per month.
Contractor may not require customers to separate Yard Trimmings or other brush or prepare same in
any particular manner for purposes of processing same by mulching or composting. Bulky Waste
Collection will be limited to three (3) cubic yards per Collection. The Contractor will also provide Solid
Waste Services via temporary Roll -offs to residential customers via 20 CY, 30 CY, and 40 CY Roll -
offs with and without Compactors.
2.01.04 As part of the Residential services under this Contract, the Contractor will provide one
annual Collection of Program Household Hazardous Waste and Electronics. These services will be
provided as an event at a certain location as determined by the City. The date and the time of said event
will be as agreed to by the City and Contractor. Said services shall be provided for a mutually agreeable
fee.
2.02 Commercial Service Units, Homeowner Association Units, and Independent School District Units
Collection
2.02.01 In addition to residential services, the Contractor will provide Collection of solid waste via
Carts, Dumpsters or Roll -offs to Commercial Service Units, Homeowner Association Units, and
Independent School District Units. The Contractor will provide at a minimum once per week Solid
Waste Services for such units. For such units that are low waste generators, the Contractor will provide
once per week Collection of solid waste via up to three 96-gallon Carts. For such units that are not low
waste generators, the Contractor will provide at least once per week and up to six days per week
Collection of solid waste via 2 cubic yard (CY), 4 CY, 6 CY, and 8 CY Dumpsters without vertical
Compactors and 4 CY, 6 CY, and 8 CY Dumpsters with vertical Compactors. The Contractor will also
provide Solid Waste Services via Roll -offs to customers via 20 CY, 30 CY, and 40 CY Roll -offs with
and without Compactors.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
0
Exhibit C
Original Contract
2.02.02 In addition to Solid Waste Services, the Contractor will offer, as a non-exclusive service,
Recycling services to Commercial Service Units. To incentivize Recycling, the Contractor will provide
service fees for Recycling services that are equal to or less than the equivalent service fee for Solid
Waste Services.
2.02.03 Collections frequency and Container size and quantity shall be adequate to maintain
premises free of accumulation of waste. Collection shall be in a Container as designated by customer.
All Containers shall be located on a concrete pad to accommodate equipment. The City shall be the
sole determinant of acceptable Container pads, locations and screenings, provided however such pads
or locations must be sufficient to bear the weight of all the Contractor's equipment and vehicles
reasonably required to perform the service provided herein.
2.02.04 The Contractor will be responsible for purchase, distribution, storage, ongoing repair,
replacement, warranty issues, and other requirements related to Dumpsters, Roll -offs, and Compactors
owned by the Contractor. Customers may elect to purchase Compactors. All Dumpsters shall have
lids that fully close. Dumpsters and Roll -offs must be painted a uniform color, bear the name and
telephone number of the Contractor, and bear a serial number coded for the Dumpster or Roll -off size.
Dumpsters and Roll -offs shall be painted at least once every 2-1/2 years and shall be steam cleaned at
least once each year or as directed by the City. The Contractor is responsible for removing graffiti from
its Dumpsters, Roll -offs, and Compactors. Collection drivers shall notify the Contractor at the end of
each day of any Dumpster, Roll -off, or Compactor containing graffiti. The Contractor shall remove any
graffiti from its Dumpsters, Roll -offs, and Compactors within five (5) business days of notification.
Each Dumpster, Roll -off, and Compactor of the Contractor is subject to inspection by the City and
approval as to appearance and condition before placement at any City Facility. A Dumpster, Roll -off,
or Compactor of the Contractor shall be reconditioned and repainted if necessary before being supplied
to a City Facility that had not used it earlier. If the City so requires, a Dumpster, Roll -off, or Compactor
shall be cleaned or repainted within seven (7) days. If appropriate to serve the City's needs and/or
locations, the City may require the Contractor to install and service a Dumpster, Roll -off, or Compactor.
Damage to Dumpster, Roll -off, or Compactor on customers' premises is at the Contractor's risk, as
between those parties and without affecting the risk or liability of others. The Contractor shall be
responsible for the repair of all Dumpsters, Roll -offs, or Compactors damaged due to the Contractor's
negligence. The Contractor shall repair or replace within one business day any Dumpster, Roll -off, or
Compactor that the City determines does not comply with ordinance standards or constitutes a health
or safety hazard.
2.03 City Services: The Contractor will provide City services at no charge to the City. City services
include the following:
1. City Facilities Solid Waste Services and Recycling Services. The Contractor will provide
solid waste services and recycling services to all current and future City facilities. This
includes hauling and disposing of sludge from the City's wastewater treatment plant.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
6
Exhibit C
Original Contract
2. City Sponsored Special Events. The Contractor will provide solid waste services and
recycling services to any City sponsored special event. Currently the City hosts 3-5 special
events per year. The Contractor will provide up to twenty-five (25) 90-96-gallon solid
waste Carts and twenty-five (25) 90- 96-gallon recycling Carts per event or containers
equivalent to. The City will provide a two -week notification to the Contractor to schedule
such events and provide information on the number of Carts needed and the location to
stage Carts and pick up. Upon completion of the event, the Contractor will pick up the
Carts within 24 hours.
2.04 Unacceptable and Uncollectible Waste:
2.04.01 The Contractor shall tag items placed for Collection that are not collectable under the terms
of the Contract. The Contractor shall promptly notify the City of the address where the tagged item is
located but no later than by 10:00 AM, Central Standard Time, the next business day. The procedure
and forms utilized to provide notice to customers must be approved by the Contract Administrator. The
Contractor shall report unusual accumulations and Unacceptable Waste to the City. The City shall
determine whether the customer has or is habitually abusing the waste Collection services. Upon such
determination, the customer shall be advised to eliminate the accumulation, which may be through
services of the Contractor. Future unusual accumulations at the same location may involve City Code
Enforcement action.
2.04.02 The Contractor shall collect all Solid Waste and Recyclable Materials Set -out in Carts,
Dumpsters, and Roll -offs. For Residential Units, the Contractor shall collect all Christmas trees from
residential service units for the two -week period following December 25th of each year. If the City
elects once per month bulky waste services for residential units, the Contractor shall collect up to four
(4) cubic yards of bulky waste per collection. The Contractor is not responsible for collecting in excess
of the Set -out limits. It shall be the Contractor's responsibility to give notice first to the customer and
also to the Contract Administrator if a Set -out exceeds the Set -out limits. The City shall be the sole and
final judge as to whether a Set -out exceeds the Set -out limits.
2.04.03 The Contractor may inspect each Set -out prior to collection for compliance with this
Contract. For all unacceptable Set -outs, the Contactor shall provide a written report of the unacceptable
Set -outs including the address, the reason(s) the Set -out was an unacceptable Set -out, and other
information as requested by the City to the City by 10:00 AM, Central Standard Time, the next business
day. Prior to collection of the Set -out, the Contractor may designate a Set -out as an unacceptable Set -
out for the following reasons:
1. Set -out exceeds the Set -out limits established in this Contract; or
2. Set -out of Program Recyclable Materials contains more than twenty-five percent (25%) of
non -recyclable materials by weight.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
7
Exhibit C
Original Contract
The Contractor may not designate a Set -out as an unacceptable Set -out for any reason other than those
identified in this Contract. If the Contractor designates a Set -out as an unacceptable Set -out for any of
the reasons set forth in this Contract, the Contractor shall:
l . Collect the portion of the Set -out that is properly Set -out; and
2. Immediately provide an unacceptable Set -out notice to the customer stating the reason the
Set -out or portion of the Set -out was designated as an unacceptable Set -out.
2.05 Recyclable Materials:
2.05.01 The Contractor must Process a minimum of ninety-five percent (95%) by weight of
Program Recyclable Materials from all Residential Units into recovered material per month.
2.05.02 The Contractor shall provide for the Single Stream Collection and Processing of all
Program Recyclable Materials as defined in this Contract. The Contractor may retain all revenues from
the sale of all collected Program Recyclable Materials.
2.05.03 The Contactor shall not commingle Program Recyclable Materials with Solid Waste or
other non -recyclable material. The Contactor shall not Dispose of any Program Recyclable Materials
in any manner other than at and through an appropriate Recycling facility, except when approved, in
advance and writing, by the City. The Contactor shall not market or transfer Program Recyclable
Materials to any person or entity that the Contractor knows or reasonably should know will Dispose of
Program Recyclable Materials in any manner other than at and through an appropriate Recycling
facility, except when approved, in advance and writing, by the City. Under no circumstances shall the
delivery to and deposit of Program Recyclable Materials at any landfill, dump, transfer station or other
facility used for the final deposit of waste material, or any other disposition of recyclables to any person,
location or facility other than a recognized Recycling facility, be construed to comply with the
prohibitions of this paragraph.
2.05.04 A violation of the foregoing provision is a breach of this Contract and may result, at the
City's discretion, in the assessment of administrative charges and/or termination of the Contract. All
remedies are non-exclusive and the City may elect to pursue any one or more remedy or sanction,
including the filing of criminal charges, without waiving the right to pursue any other remedy or
sanction.
2.06 Roll -Offs: Upon request of a Residential Unit customer, Contractor shall provide temporary Roll -
off Collection in accordance with the Original Contract.
2.07 Exclusive Services: The Contractor shall be the City's exclusive Contractor for the Collection of
Solid Waste, Program Recyclable Materials and Bulky Waste from Residential Units and Collections from
Commercial Service Units in the City including the Anna Independent School District. The exclusive right
does not include properties located in the City's Extraterritorial Jurisdiction (ETJ). However, the Contractor
is not prohibited from seeking to provide trash collection services to properties in the ETJ. The exclusive
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
8
Exhibit C
Original Contract
right includes the provision of Solid Waste Collection services to construction projects within the City. In
addition, the Contractor shall have the exclusive right to provide all Recycling Collection services to
Residential Units. The Contractor shall have the non-exclusive right to provide Recycling Collection to
Commercial Service Units and City Facilities. The Contractor, not the City, shall be solely responsible for
defending the rights granted to the Contractor herein against third parties.
ARTICLE 3 Collection Operations
3.01 Hours of Operation: Collection of Solid Waste and Program Recyclable Materials shall begin no
earlier than 7:00 o'clock a.m. and shall generally not extend beyond 7:00 o'clock p.m. Central Standard
Time. No regular weekly residential Collection shall occur on Saturday, however, irregular Collection
schedules shifted to accommodate holidays may occur on Saturdays. No Collection shall be made on
Sunday. Commercial services shall be provided Monday through Saturday. The Contractor shall not change
collection days or schedules to Residential Units without written authorization by the Contract
Administrator. The City and the Contractor shall mutually agree to holidays to be observed. If the holiday
falls on a regularly scheduled workday, collections for the holiday and each day thereafter will be delayed
one day and Friday's material shall be collected on Saturday. The City shall determine the service level,
including container type and collection frequency, and schedule for all City Facilities Collections.
Commercial services and Roll -off services customers and the Contractor shall agree upon the collection
schedule and days subject to no objection by the City.
3.02 Hours of Disposal: Contractor shall Dispose of waste within the operating hours of the Disposal
Site.
3.03 Routes of Collection: Collection routes shall be established by the Contactor as approved by the
Contract Administrator. The Contract Administrator shall be provided route Collection maps and Container
locations.
3.04 Holidays: Holidays for purposes of this Contact will be provided by the Contractor based upon
the landfill schedules, including any of the following holidays which fall on a weekday (Monday thru
Friday):
• New Years Day
• Memorial Day
• Fourth of July
• Labor Day
• Thanksgiving
• Christmas Day
3.05 Alternate Schedule: Contactor may elect to observe any or all the above -referenced holidays by
suspension of Collection service on the holiday; provided, however, the Contractor shall collect for
Residential Units the next calendar day following the holiday. Contractor shall provide an annual holiday
schedule to City each October and updates quarterly. Contractor shall inform customers by public notice in
a newspaper of general circulation, mail out piece, electronic mail and website alert or other effective means
as agreed upon with City.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
9
Exhibit C
Original Contract
3.06 Vehicle Maintenance and Specifications:
3.06.01 The average age of frontline collection vehicles (including chassis and packer) shall not
exceed the age of this Contract. No more than 50% of the fleet shall be at an age beyond age of this
Contract. The age of a vehicle will be deemed to be the age of the oldest of the two primary components
of the vehicle (chassis and packer). For example, during the first year of this Contract, the average age
of all vehicles shall be no more than one (1) year. During the second year of this Contract the average
age of all vehicles shall be no more than two (2) years, and so on for the duration of this Contract. All
vehicles shall be kept in a clean and sanitary condition. Collection and management vehicles shall be
painted in the Contractor's color or colors schemes. The vehicles shall be uniquely numbered, and the
vehicle numbers shall be painted in a contrasting color, at least six inches high, on each side of each
vehicle and on the rear of the vehicle. No advertising shall be permitted other than the name, address,
and phone number of the Contractor.
3.06.02 Collection vehicles shall be manufactured to provide the services specified. Collection
vehicles will be equipped with two-way communication devices so that the Contractor's staff and driver
may communicate during the route collection. In addition, collection vehicles will have back-up
cameras, spill kits, and GPS tracking capability. The GPS equipment shall enable the Contractor to
verify the location and routes of all trucks deployed in the City. All trucks shall also be equipped with
camera equipment and technology, to enable and deploy a set of cameras that record the activities of
trucks used in the City, which can be recalled and viewed by the City as needed.
3.06.03 The Contractor shall utilize equipment which can safely maneuver all City streets and
properly collect waste and redistribute Carts. Contractor shall review existing neighborhoods, including
streets and on -street parking conditions to ensure that all equipment used shall meet this requirement.
3.06.04 The Contractor shall maintain a complete inventory showing each vehicle (type, capacity,
approximate age) used for performing services within the City. Upon approval of the City, the
Contractor may change vehicles from time4o-time and shall revise the inventory accordingly.
Replacement vehicles shall conform to this Section 3.06. The City may consider allowing the
Contractor to utilize older vehicles in a temporary manner due to unforeseen vehicle damage or
breakdown. Such temporary vehicle usage shall not exceed 30 calendar days prior to being replaced
with a permanent vehicle conforming to this Section 3.06,
3.06.05 The Contractor shall exercise care to prevent spilling, leaks and littering during the
Collection Process. The Contractor shall ensure all materials hauled are contained, tied, or enclosed to
prevent spilling, leaking and littering. The Contractor shall immediately pick up and clean up all spills,
leaks and litter resulting from Contractor's proposer's vehicles/equipment, or by Contractor's
employees or subcontractors while performing services under this Contract. Each vehicle shall be
equipped with the proper tools and cleaning equipment to adequately clean up any spillage. No
equipment shall be allowed to leak or scatter any waste within the limits of the City nor while en route
to the Disposal Site where such accumulations shall be dumped.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
10
Exhibit C
Original Contract
3.0 7 Commingling and Disposal of Recyclable Materials Prohibited:
3.07.01 Except when approved in writing by the City, the Contractor shall not commingle
Recyclable Materials with any other materials. Commingling of such materials is a breach of this
Contract that may result, at the City's discretion, in administrative charges and/or termination of this
Contract.
3.07.02 The Contractor shall not dispose of any Recyclable Materials collected for recycling, or
marlcet such materials to markets that the Contractor knows or reasonably should have anticipated will
dispose of the materials, except when approved, in writing, by the City.
3.07.03 Disposal of Recyclable Materials collected for recycling, or marketing of such materials to
markets that the Contractor knows or reasonably should have anticipated will dispose of such materials,
except when approved by the City, is a breach of this Contract that may result in administrative charges
and/or termination of this Contract.
3.07.04 In this Section 3.07, "dispose" or "disposal" means the delivery to and deposit of
Recyclable Materials at any landfill, dump, transfer station or other facility used for the final deposit of
waste material, or any other disposition of Recyclable Materials to any person, location or facility other
than a recognized recycling facility.
3.08 Disposal and Processing Services:
3.08.01 The Contractor will be responsible for providing disposal services. Contactor shall have
and maintain during the term hereof, adequate disposal and processing capacity for the Citys needs
and the needs of all Residential Units and all Commercial Service Units within the City. All solid waste
collected under this Contact shall be disposed of at a Disposal Site properly authorized under all
applicable federal, state and local laws. All recyclable materials collected under this Contact shall be
processed at a processing facility properly authorized under all applicable federal, state and local laws.
3.08.02 The Contactor will be responsible for processing all recyclable materials collected from
the City and all .The Contactor must process a minimum of ninety-five percent (95%) by weight of
program recyclable materials from residential customers into recovered material per month. Prior to
award of this Contract, the City and the Contractor will agree to the minimum processing requirements
for hazardous waste and electronics services collection.
3.09 Carts:
3.09.01 New Carts shall meet the requirements set forth in the Original Contract. Carts must be 90-
96 gallons. In addition, recycling Carts must have afull-color in -mold label on the lid of the Cart of
Program Recyclable Materials and non -Program Recyclable Materials with a minimum size of 100
square inches.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
11
Exhibit C
Original Contract
3.09.02 The Contractor shall supply all new Carts during Lite term of this Contract, be responsible
for maintenance, repair, warranty issues, replacement, and retain ownership of Carts in the possession
of residential units at the expiration of this Contract.
3.09.03 Upon notice from the City, the Contractor shall deliver new Carts to new customers. The
Contractor will be responsible for responding to requests from and delivering Carts to customers who
need a Cart replacement for whatever reason. Carts shall be delivered no later than three (3) business
days after notice. Used Carts must be cleaned prior to reentry into the system and delivery to customers.
Damaged Carts shall be removed at the same time a replacement Cart is delivered. Customers shall be
provided with instructions for proper use, including any customer actions that would void manufacturer
warranties, such as placement of hot ashes in the Cart causing the Cart to melt, and procedures to follow
to minimize potential fire problems.
ARTICLE 4 Complaints; Missed Collections
4.01 Contractor's Office: The Contractor shall maintain an office or other facilities through which it
can be contacted. The office shall be equipped with sufficient telephones having toll free phone numbers
and have a responsible person in charge and an adequate number of competent persons available to answer
the phone from 7:00 a.m. to 7:00 p.m. on regular Collection days. When residential Collection is postponed
one day for the holiday schedule the Contractor's customer service personnel must be available to answer
phones on all days during which Collection service is provided. An informative recording answering
frequently asked questions and voicemail shall be available at all other hours.
4.02 Customer Service and Complaint Resolution:
4.02.01 The Contractor will be primarily responsible for complaints and the City will forward all
initial complaints to the Contractor for resolution. Customer complaints shall be directed to the
Contractor, and the Contractor shall give each complaint received prompt and courteous attention. The
Contractor shall respond to all complaints via phone or written correspondence with the customer
within one business day. The Contractor shall maintain a log of complaints and shall provide the City,
on a daily basis, with copies of all complaints indicating the date and hour of the complaint, nature of
the complaint, and the manner and timing of its resolution.
4.0202.If a complaint cannot be resolved and the City's Contract Administrator is notified by the
complainant, it will be the Contractor's responsibility to provide adequate documentation to
demonstrate that the complaint was handled in a satisfactory manner. The Contractor shall provide a
single source contact for the City's Contract Administrator for complaints or other city needs and shall
communicate back with the Contract Administrator within two (2) hours of initial outreach.
4.03 Customer Grievances:
The Contractor will designate a representative to adjudicate customer grievances. At the City's request,
the representative will join the City in meeting with an aggrieved customer within 3 business days of
notification. The decision of the City shall be final and binding.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
12
Exhibit C
Original Contract
4.04 Reserved.
4.05 Reserved.
4.06 Customer Notifications
The City will coordinate with the Contractor and approve all necessary communications with residential
customers including but not limited to fee changes, route changes, holiday schedules, promotion of
mulching and composting to reduce waste, etc. Unacceptable set -out notices and program introduction
notices shall be printed and distributed by the Contractor. All other notices shall be printed and
distributed by the City.
4.07 Reporting
4.07.01 The Contractor shall provide the following weekly and monthly reports to the Contract
Administrator. Reports shall be in a format approved by the Contract Administrator. Complete and
accurate weekly reports must be submitted to the Contract Administrator by no later than 3:00 PM,
Central Time on Friday, each week. Weekly reports must contain the following information:
1. Call Log —Spreadsheets listing the calls received by date and time, type of call (missed
collection, complaint, inquiry), and resolution.
2. Unacceptable Set -out Log -Spreadsheet of unacceptable Set -outs by address and
description of reason.
4.07.02 Complete and accurate monthly reports must be submitted to the Contract Administrator
on or before the tenth (loth) day of each month. Monthly reports must contain the following
information:
1. 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.
2. Customer List for Roll -off Services —identify each by address and level of service, name,
and contact information.
3. Billing and Revenue Documentation —documentation justifying the Contractor's billings
and revenue derived by the Contractor for services within the City.
4. Summary of motor vehicle accidents or moving violations involving the Contractor's
vehicles and any other infi•actions by or accidents/injuries/damages involving the
Contractor's employees while performing services under this Contract.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
13
Exhibit C
Original Contract
4.08 Missed Collections: The Contractor shall notify the City by 5:00 PM, Central Standard Time when
a route may not be completed before 7:00 PM Central Standard Time. The Contractor shall notify the City
immediately upon discovering a street, portion of a route, or a complete route was not collected as
scheduled. When notification of a missed Collection is received, the Contractor shall provide Collection
the next business day.
4.09 Materiality: Without limiting the materiality of other provisions of this Contract, the Contractor's
compliance with the complaint resolution, customer grievance, and reporting requirements of this Article 4
is and shall be a material term of this Contract.
ARTICLE 5 Billings; Payments; Charges
5.01 Billing and Payments:
5.01.01 The City shall provide the Contractor a customer list for residential services and
commercial services identifying each by address and level of service. The Contractor shall provide the
City a customer list for all other customers, identifying each by level of service, address, name, and
contact information. The City and the Contractor shall update the customer list each month.
5.01.02 The City will be responsible for billing and Collection of payments for solid waste and
recycling services based on the customer list. The Contractor will be responsible for billings and
collection of payments for all Roll -off services, and additional pickups. The Contractor shall bill
customers in accordance with this Contract and then -current fee schedule plus the then -current
franchise fee, if one is in place. The Contractor shall not bill customers for any fees other than those
specifically authorized in this Contract.
5.01.03 Within thirty (30) calendar days of the end of each month, the City shall remit to the
Contractor payment, less any franchise fees, disputed amounts, administrative charges, and payments
withheld in accordance with the Contract, for residential services and commercial services rendered by
the Contractor and billed by the City for the prior month.
5.01.04 Within thirty (30) calendar days of the end of each month, the Contractor shall remit to the
City payment for any franchise fees, and other payments in accordance with this Contract for services
rendered by the Contractor or payments due for the prior month.
5.02 Administrative Charges (Liquidated Damages): The Contractor understands that if it does not
timely perform its obligations pursuant to the terms of this Contract or• violates any provision of the
Contract, City will suffer damages which are difficult to determine and adequately specify. The City and
the Contractor agree that the liquidated damage amounts set forth herein are not penalties but are instead
an estimate of damages that the City and public will sustain if any of the types of breaches listed below
occur. In this regard, the Contractor agrees, in addition to any other remedies available to City, that City
may withhold payment to Contractor in the amounts specified below as administrative charges for failure
of the Contractor to fulfill its obligations. The following is a non-exclusive list of acts or omissions
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
14
Exhibit C
Original Contract
constituting breaches of this Contract entitling the City to withhold payment to the Contractor of the
liquidated damage amount set forth for each such breach:
1. Failure to clean up OF as identified in this contract: $250 per occurrence.
2. Failure to correct a missed collection as specified in this contract: $50 per occurrence per day.
3. Failure to respond to a customer complaint as specified in this contract: $100 per occurrence per
day.
5.03 Remittance of Charges: The City may impose administrative charges in the amounts set forth above
or withhold such amounts from payments due to the Contractor) when the Contract Administrator
determines that performance consistent with the provisions of this Contract has not occurred. The Contract
Administrator shall notify the Contractor in writing or electronically of each act or omission under the terms
of this Contract reported to or discovered by the City or its designee. It shall be the duty of the Contractor
to take whatever steps or action may be necessary to remedy the cause of any complaint.
5.04 Remedies Cumulative. The City may deduct the full amount of any such charges from any payment
due to the Contractor. The remedy available to the City under this paragraph shall be in addition to all other
remedies which the City may have under law, at equity, or pursuant to the terms of this Contract.
Contractor's obligations to make payments for such charges under this section occurring prior to the
expiration or termination of this Contract shall survive termination or expiration of this Contract.
ARTICLE 6 Rates and Fees
6.01 Franchise Fee: For the right and privilege of using the City's public rights -of --way to provide scope
A services of this Contract, the City may choose to implement a Franchise Fee as part of the annual contract
renewal in an amount not to exceed 5% of gross receipts resulting from operation of the Solid Waste
Collection Services withing the City. Said Franchise Fee shall be shown in Exhibit "B," which shall be
updated if implemented. All collection and disposal fees listed in Exhibit "B" exclude Franchise Fees.
6.02 Collection Fees: The fees assessed by Contractor to the City shall be as set forth in Exhibit "B"
("Solid Waste and Recycling Collection Fees"). The fees may be modified during the term of this Contract,
or any renewal term, only in accordance with the following provisions; provided, however, that the fees set
forth in Exhibit "B" shall not be revised based on changes in the CPI-U, Fuel Adjustment, or landfill and
recycling processing fees during the first year of this Contract.
6.02.01 The Contractor may submit a written request for modification to fees on or before July 1,
2022 and every July 1 thereafter. If either party fails to submit a written request or notice of a fee
modification on or before July lst of any year, the existing fees shall apply throughout the following
year. All fees shall remain fixed from the execution of this Contract through September 30, 2022. A
fee adjustment may be based on: (1) changes to the CPI-U, (2) changes to the Fuel Adjustment, and (3)
changes to disposal and recycling process fees at landfills and material recovery facilities (MRF). Any
fee adjustment shall be effective of and from October of the year in which requested or noticed. City
billing fees will be determined by the City and added to the base for residential, commercial, and
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
10
Exhibit C
Original Contract
dumpster rates. The City reserves the right to increase rates or charges to Customers without any
increase in compensation to the Contractor.
6.02.02 The adjustment to fees based on CPI, Fuel Adjustment, and disposal and recycling process
fees, whether an increase or decrease, shall be a composite of the CPI and Fuel indices and
real price changes at landfills and MRF's as set forth herein. The parties agree that any
annual fee adjustment shall not exceed seven percent (7%) for any single year.
1. CPI Adjustment. Fees will remain fixed as set forth in Exhibit "B" and may not be
adjusted for changes in Consumer Price Index (as hereinafter defined), until August 31,
2021. Any proposed CPI adjustment shall be included in the annual updates to Collection
and Disposal service rates commencing on August 31, 2021 and continuing annually on
each September 30" of each year. Contractor shall provide City with CPI information as
part of the rate adjustment process for City review and approval.
2. Fuel Adjustment. Fees will remain fixed as set forth in Exhibit "B" and may not
be adjusted for changes in fuel price (as hereinafter defined), until August 31, 2021. Any
proposed fuel adjustment shall be included in the annual updates to Collection and Disposal
service rates commencing on August 31, 2021 and continuing annually on each September
301h f each year. Contractor shall provide City with fuel price information as part of the rate
adjustment process for City review and approval.
3. Disposal and Processing Adjustment. Fees will remain fixed as set forth in Exhibit
"B" and may not be adjusted for changes in disposal and recycle processing prices (as
hereinafter defined), until September 30, 2022. Any proposed disposal and recycling
process adjustment shall be included in the annual updates to Collection and Disposal
service rates commencing on September 30, 2022 and continuing annually on each
September Nil' of each year. Contractor shall provide City with disposal and recycle
process price information as part of the rate adjustment process for City review and
approval.
6.03 Recyclable Materials Revenues: Contractor shall retain all revenues from the sale of Recyclable
Materials.
6.04 Audit: The City may, on reasonable notice, at reasonable times and at the City's expense, request
and conduct an audit of the Contractor's books and records to establish compliance with the rates and fees
charged under this Contract. To the extent allowed by law, the City will maintain confidentiality of all
information received by the City in such audits.
ARTICLE 7 Disaster Management
7.01 Disaster. The City and the Contactor will negotiate the services, including compensation, related
to excessive debris and solid waste resulting from a force majeure event or occurrence, such as but not
limited to wildfires, storms, floods, fires, tornados, earthquakes, ice storms, etc., determined by the City to
have caused widespread destruction and which results in increased residential services tonnage by 20% or
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
16
Exhibit C
Original Contract
more from the average per household of historical residential services tonnage for the same quarter for the
prior three years. Collection of all other Disaster Debris (at less than the foregoing 20% limitation) shall
be provided by the Contractor at no additional charge. The City may finther require the Contractor to
submit a disaster management plan that may be incorporated into this Contract.
7.02 Force Majeure. The occurrence of a force majeure event shall in no way relieve Contractor of any
of its obligations under this Contract, and Contactor shall make best efforts to provide the same or
comparable level of service as provided prior to the event.
ARTICLE 8 Insurance; Indemnification; Bond
8.01 Generally. The Contractor shall secure and maintain throughout the duration of this Contract
insurance of such types and in such amount as may be necessary to protect itself and the interest of the City
against all hazards or risks of loss as hereinafter specified. The form and limits of such insurance, together
with the underwriter thereof in each case, shall be acceptable to the City but regardless of such acceptance
it shall be the responsibility of the Contractor to maintain adequate insurance coverage at all times. Failure
of the Contractor to maintain adequate coverage shall not relieve him of any contractual responsibility or
obligation.
8.02 Certificates, Generally. Satisfactory certificates of insurance shall be filed with the City prior to
starting any work under this Contract. The certificates shall state that thirty (30) calendar days advance
written notice will be given to the City before any policy covered thereby is changed or canceled.
8.03 Compliance and Ratings. The Contractor shall comply with all Federal, State and local laws and
ordinances relating to Social Security, Unemployment Insurance, Pensions, etc. All insurance providers
used to meet the requirements of this section must have an A.M. Best rating of "A" or better and be
authorized to conduct business in the State of Texas.
8.04 Workers Compensation Insurance Coverage.
8.04.01 Definitions related to Workers Compensation Insurance Coverage:
1. Certificate of coverage (or "certificate") is a copy of a certificate of in(zurance, a certificate
of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81,
TWCC42, TWCC43, or TWCC44 or equivalent), showing statutory workers'
compensation insurance coverage for the Contractor's employees providing services under
this Contract for the duration of this Contract.
2. "Duration of this Contact" includes the time from the commencement of services and
continuing for seven years plus any optional renewal terms) and/or other extensions.
3. "Persons providing services" includes all persons or entities performing all or part of the
services the Contractor has undertaken to perform under this Contract, regardless of
whether that person contracted directly with the Contractor and regardless of whether that
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
17
Exhibit C
Original Contract
person has employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner -operators, employees of any such
entity, or employees of any entity which furnishes persons to provide services related to
this Contract.
4. "Services" include, without limitation, provng, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to this Contract.
"Services" does not include activities unrelated to this Contract, such as parts suppliers,
office supply deliveries, or other incidental vendors.
8.04.02 The Contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on this
Contract.
8.04.04 The Contractor must provide a certificate of coverage to the City prior to commencement
of service. If the coverage period shown on the Contractor's current certificate of coverage ends during
the duration of this Contract, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the City showing that coverage has been extended.
8.04.05 The Contractor shall obtain from each person providing services under the Contract, and
provide to the City:
1. a certificate of coverage, prior to that person beginning work related to this Contract, so
the City will have on file certificates of coverage showing coverage for all persons
providing services related to this Contract; and
2. no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of this Contract.
8.04.06 The Contractor shall retain all required certificates of coverage for the duration of this
Contract and for one year thereafter.
8.04.07 The Contractor shall notify the City in writing by certified mail or personal delivery, within
ten days after• the Contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services related to this Contract.
8.04.08 The Contractor shall post at the office where the vehicles serving the City are based a notice
in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services related to this Contract that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
18
Exhibit C
Original Contract
8.04.09 The Contractor shall contractually require each person with whom it contracts to provide
services to:
1, provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory definitions/requirements
of Texas Labor Code, §401.011(44) for all of its employees providing services related to
this Contract, for the duration of this Contract;
2, provide to the Contractor, prior to that person beginning work, a certificate of coverage
showing that coverage is being provided for all employees of the person providing service,
for the duration of this Contract or services;
3. provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of certificate of coverage ends during the duration of this Contract or services;
4. obtain from each other person with whom it contracts, and provide to the Contractor:
(a) a certificate of coverage, prior to the other person beginning work; and
(b) anew certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage
ends during the duration of this Contract;
5. retain all required certificates of coverage on file for the duration of this Contract or
services and for one year thereafter;
6. notify the City in writing by certified mail or personal delivery, within 10 days after the
person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services; and
7. contractually require each person with whom it contracts, to perform as required by
paragraphs 8.04.01— 8.04.07, with the certificates of coverage to be provided to the person
for whom they are providing services.
8.04.10 By signing this contract or providing or• causing to be provided a certificate of coverage,
the Contractor is representing to the City that all employees of the Contractor who will provide services
under this Contract will be covered by workers' compensation coverage for duration of this Contract.
The Contractor also represents that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self- Insurance Regulation.
Providing false or misleading information may subject the Contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
19
Exhibit C
Original Contract
8.04.11 The Contractor's failure to comply with any of these provisions is a breach of contract by
the Contractor which entitles the City to declare this Contract void if the Contractor does not remedy
the breach within ten days after receipt of notice of breach from the City.
8.05 Comprehensive Automobile Liaty.
8.05.01 The Contractor's automobile liability insurance shall be written in comprehensive form
and shall protect the Contractor against all claims for injuries to members of the public and damage to
property of others arising from the use of motor vehicles licensed for highway use, whether they are
owned, non -owned, or hired.
8.05.02 The liability limits shall not be less than:
Bodily Injury
Property Damage
...$1,000,000/person
$1,000,000/occurrence
...$1,000,000/occurrence
8.05.03 The insurance shall be of the occurrence type and name the City as an additional insured
with a requirement that the City be notified at least 30 days in advance of any material change in policy
terms, including cancellation. There shall be no deductible applied to the City as additional insured.
8.06 Comprehensive General Liability.
8.06.01 The Contractor's general liability insurance shall be written in comprehensive form and
shall protect the Contractor against all claims arising from injuries to members of the public or damage
to property of others arising out of any act or omission of the Contractor or the Contractor's agents,
employees, or subcontractors. In addition, this policy shall specifically insure the contractual liability
assumed by the Contractor under Section 8.07.
8.06.02 To the extent that the Contractor's work, or work under the Contractor's direction, may
require blasting, explosive conditions, or underground operations, the comprehensive general liability
coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to
underground property. The liability limits shall not be less than:
Bodily Injury
Property Damage
... $1,000,000/person
... $1,000,000/occurrence
..$1,000,000/occurrence
.. $2,000, 000/aggregate
The insurance shall be of the occurrence type and shall name the City as an additional insured. There shall
be no deductible applied to the City as additional insured.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
20
Exhibit C
Original Contract
8.07 DEFENSE OF SUITS.
IF ANY ACTION IN COURT IS BROUGHT AGAINST THE CITY, OR ANY OFFICER OR AGENT
OF THE CITY, FOR THE FAILURE, OMISSION, OR NEGLECT OF THE SUCCESSFUL PROPOSER
TO PERFORM ANY OF THE COVENANTS, ACTS, MATTERS, OR THINGS UNDER THE
CONTRACT; OR FOR INJURY OR DAMAGE CAUSED BY THE ALLEGED NEGLIGENCE OF THE
SUCCESSFUL PROPOSER OR THE CONTRACTOR'S SUBCONTRACTORS OR ANY OF THE
CONTRACTOR'S OR SUBCONTRACTORS' AGENTS, OR IN CONNECTION WITH ANY CLAIM
BASED ON LAWFUL DEMANDS OF SUBCONTRACTORS, WORKMEN, MATERIAL MEN, OR
SUPPLIERS THE SUCCESSFUL PROPOSER SHALL INDEMNIFY, DEFEND AND SAVE
HARMLESS THE CITY AND ITS OFFICERS AND AGENTS, FROM ALL LOSSES, DAMAGES,
COSTS, EXPENSES, JUDGMENTS, OR DECREES ARISING OUT OF SUCH ACTION.
8.08 INDEMNITY AND RELEASE.
THE SUCCESSFUL PROPOSER IS SOLELY RESPONSIBLE FOR AND SHALL DEFEND,
INDEMNIFY, AND HOLD THE CITY (AND ANY OF THE CITY'S REPRESENTATIVES OR
EMPLOYEES), FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, DEMANDS, LOSSES, DAMAGES, COSTS OR EXPENSE TO ALL PERSONS
(INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND RELATED
EXPENSES) ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH
THE PERFORMANCE OF THE SERVICES UNDER THIS CONTRACT THAT IS (I) ATTRIBUTABLE
TO ANY BODILY OR PERSONAL INJURY, SICKNESS, DISEASES OR DEATH OF ANY PERSON
OR ANY DAMAGE OR INJURY TO OR DESTRUCTION OF REAL OR PERSONAL PROPERTY
INCLUDING WITHOUT LIMITATION THE LOSS OF USE THEREOF, AND (II) CAUSED IN
WHOLE OR IN PART BY ANY NEGLIGENT, STRICT LIABILITY OR OTHER ACT OR OMISSION
OF THE SUCCESSFUL PROPOSER, ANY SUBCONTRACTOR OR SUPPLIER, THEIR RESPECTIVE
AGENTS OR EMPLOYEES OR ANY OTHER PARTY FOR WHOM ANY OF THEM MAY BE
LIABLE REGARDLESS OF WHETHER SUCH IS CAUSED IN PART BY THE NEGLIGENT, STRICT
LIABILITY OR OTHER ACT OR OMISSION OF A PARTY OR PARTIES INDEMNIFIED
HEREUNDER.
SAID INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT SHALL ALSO APPLY TO
CLAIMS ARISING FROM ACCIDENTS TO THE SUCCESSFUL PROPOSER, ITS AGENTS OR
EMPLOYEES, WHETHER OCCASIONED BY THE SUCCESSFUL PROPOSER OR ITS
EMPLOYEES, THE CITY OR ITS EMPLOYEES, OR BY ANY OTHER PERSON OR PERSONS,
THE FOREGOING INDEMNIFICATION OBLIGATION SHALL NOT BE LIMITED IN ANY WAY
BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR
BENEFITS PAYABLE UNDER WORKERS' OR WORKMEN'S COMPENSATION ACTS,
DISABILITY BENEFIT ACTS OR OTHER EMPLOYEE BENEFIT ACTS.
THIS SECTION
8.08 PROVIDES
FOR
SOLE
LIABILITY
OF
THE CONTRACTOR
REGARDLESS OF
WHETHER SUCH
IS CAUSED
IN PART BY
NEGLIGENT STRICT
THE
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
21
Exhibit C
Original Contract
LIABILITY OR OTHER ACT OR OMISSION OF A PARTY OR PARTIES INDEMNIFIED
HEREUNDER.
8.09 Performance Bond.
A performance bond in the amount of $250,000.00 will be maintained and renewed each year during the
term of this Contract. Proof of renewal of the bond must be submitted to the City prior to August 31 each
year of this Contract. The performance bond shall guaranty full and faithful performance of this Contract
and the bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully
as though they were set forth verbatim in such bond. The performance bond furnished by the Contractor
shall be in form suitable to the City and shall be executed by a surety, or sureties, reasonably suitable to the
City and authorized to do business in the State of Texas. The bond will be maintained and renewed each
year during the term of the Contract. Proof of renewal of the bond must be submitted to the City prior to
August 3 1 " each year of the Contract.
ARTICLE 9 Miscellaneous
9.01 The Contractor shall at all times and in all respects observe and comply with all federal, state and
local laws, ordinances, and regulations applicable to its performance of this Contract, and shall further
ensure that all subcontractors observe and comply with said laws, ordinances and regulations.
9.02 This Contract shall be governed by the laws of the State of Texas. Exclusive venue for any cause
A action arising under this Contract or the work to be performed hereunder shall be in the state courts of
Collin County, Texas,
9.03 The City and Contractor bind themselves, their successors, assigns and legal representatives to the
other party hereto and to successors, assigns and legal representatives of such other party in respect to
covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this
Contract without written consent of the City.
9.04 The provisions of this Contract are severable; if any term, provision or part hereof is determined to
be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the
remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable
portion had not been included herein.
9.05 This Contract may be amended by the parties only by a written agreement duly executed by both
parties. The failure of the City to object to any nonperformance or nonconforming work or to enforce any
provision hereof shall in no event be regarded as or construed to be a waiver, release or modification of any
term or provision in this Contract, nor shall such failure to object or enforce estop the City from insisting
on strict compliance with this Contract or from recovering damages, costs or expenses arising as a result of
such nonperformance or nonconforming work.
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
22
Exhibit C
Original Contract
9.06 Nothing in this Contract shall be deemed to waive any immunity, sovereign, governmental, official,
qualified or otherwise, from liability or suit, which the City may have or assert, except as may be provided
by law, all such immunities being hereby expressly retained.
9.07 All notices required by this Contract shall be in writing and presumed received when deposited in
the mail properly addressed and sent certified mail, return receipt requested, to the other party at the address
set forth herein or set forth in a written designation of change of address delivered to all parties. However,
notice of breach, of assessment of charges, or of intent not to renew shall be sent by certified mail, return
receipt requested, and no electronic transmission thereof shall be deemed sufficient.
9.08 This Contract shall be effective on the last date affixed to the parties' signatures below.
AGREED:
CARDS DALLAS INC
By:
[Dan Christensen], its President
CARDS HOLDINGS, INC
By:
[Dan Christensen], its President
[insert mailing address of company]
CITY OF ANNA,
By:
Proce, City Manage
N. Powell Parkway
75409
FIItST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
23
Exhibit C
Original Contract
FIRST AMENDED AND RESTATED SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
BETWEEN CITY OF ANNA AND CARDS
24
Exhibit B
(a) Solid Waste and Recycling Collection Fees Residential polycart
collection service, per Residential Unit*
$16.99 per month for solid waste I
ecycling
ii. $7.00 per month for each additional polycart
iii. $75.00 lost polycart fee
*Does not include sales tax or franchise fee.
(b) Homeowners Association polycart collection service, per Homeowner
Association Units*
i. $16.99 per month for solid waste
recycling
ii. $7.00 per month for each additional polycart
iii. $75.00 lost polycart fee
*Does not include sales tax or franchise fee.
(c) Commercial Service Unit and Independent School District Unit Collection and
Disposal Service Fees for CARDS
CARDS - Dumpster service rates*:
MINE NO III III I
Dumpster
CollectIN
ion
Rates
Size/Pickup
I
Week
2x
Week
3x
Week
4x
Week
5x
Week
6x
Week
Cart
$
26.27
$
52.54
$
78.81
$
105.08
$
131.35
$
-
2
cu yd
$
93.52
$
152.37
$
236.43
$
315.24
$
409.81
$
491.77
3
cu yd
$
114.54
$
183.89
$
246.94
$
367.78
$
483.37
$
580.07
4
cu yd
$
134.90
$
210.16
$
299.62
$
420.32
$
550.96
$
661.72
6
cu yd
$
173.24
$
315.24
$
472.86
$
630.48
$
788.10
$
947.14
8
cu yd
$
204.48
$
400.44
$
568.00
1 $
735.56
$
920.16
$
11103,34
*Note: Rates do not include sales tax, franchise fee, or disposal fee.
v. CARDS -Vertical Compactor Service Rates*:
Vertical Compactor Collection
Rates
Size/Pickup
1x Week
2x Week
3x Week
x
Week
5x
Week
6x
Week
2
cu yd
$
184.60
$ 369.20
$ 552.38
$
735.56
$
920.16
$
11104676
4
cu yd
$
342.22
$ 683.02
$1,025424
$
11366,04
$
11708.26
$
21049406
6
cu yd
$
525.40
$ 1,050,80
$1,576,20
$
21101,60
$
21627.00
$
33152,40
8
cu yd
$
719.94
$ 11439488
$2,159482
$
21837.16
$
31572,72
$
41288440
*Note: Rates do not include sales tax, franchise fee, or disposal fee.
(dI Roll -off container rates: The following rates are for large roll -off containers, which
will be billed directly by the city's contractor.
Roll -off bin collection service rates*:
Size/Pickup
Rental Fee
per month
Delivery Fee
Collection Fee
(per pull)
Disposal Fee**
(per ton)
20 cu yd
$150.00
$100.00
$300.00
$42.00
30 cu yd
$200.00
$100600
$350000
$42.00
40 cu yd
$225.00
$100000
$400000
$42.00
*Rates do not include sales tax, or franchise fee.
**Disposal Fee based upon current landfill disposal costs and material recovery facility
charges for recycling. Subject to change.