25-F-014 Franchise Agreement with Frontier Waste FINAL
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MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND
DISPOSAL CONTRACT
(Residential, Commercial, Industrial, and Recycling)
This Solid Waste and Recyclable Materials Collection, Transportation, Disposal, and Processing
Contract (“Contract”), is entered as of the Effective Date by and between the City of Schertz (hereinafter
called “City”), a Texas home rule municipality, and Frontier Waste Solutions (hereinafter called
“Contractor”), a Texas corporation, acting by and through their duly qualified representatives. (City and
Contractor collectively referred to herein as “Parties” and individually as “Party.”)
RECITALS
WHEREAS, City has found and determined that the public health and safety of City will be
promoted and preserved by establishing an arrangement for the collection, transportation, and disposal of
Solid Waste kept and accumulated by residential and multi-family neighborhoods; and
WHEREAS, Contractor is engaged in the business of collection and Recycling of Solid Waste and
is familiar with City’s requirements and its Solid Waste services; and
WHEREAS, City has determined Contractor to be qualified to provide Solid Waste collection,
transportation, and disposal service upon the terms and conditions and for the consideration set forth in this
Contract; and
WHEREAS, City has determined through a competitive process in accordance with state law that
Contractor provides the best value for Solid Waste services for City’s residents; and
WHEREAS, City desires to grant to Contractor the exclusive right to operate and maintain the
service of collection, transportation, and disposal of residential, commercial garbage and trash, and
residential recycling, over, upon, along, and across City’s present and future streets, alleys, bridges, and
public properties subject to the terms of this Contract; and
WHEREAS, Contractor desires to operate and maintain the service of collection and transportation
of residential and, commercial garbage and trash, and residential recycling, over, upon, along, and across
City’s present and future streets, alleys, bridges, and public properties subject to the terms of this Contract.
WHEREAS, Contractor has agreed to reimburse City for the development of the RFP and other
Contract Documents in accordance with Section 8.1(f) of this Contract.
NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and
undertakings herein contained and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged and confessed, the Parties agree as follows:
I. GRANT OF CONTRACT AND FRANCHISE; TERM
1.1 Grant of Contract and Franchise. To the extent allowed by law, City hereby grants to Contractor:
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(a) The sole right, duty, and privilege within City’s Limits to conduct business for the purpose
of collection and transportation, disposal and/or Processing of Waste Materials,
Construction and Demolition Debris, and Recyclable Materials during the Term of this
Contract from all Residential, Commercial, and Industrial Customers located within City’s
incorporated limits; and
(b) The sole right, duty, and privilege to collect Waste Materials and Recyclable Materials
during the Term of this Contract from all Municipal Facilities.
1.2 Initial Term. The Initial Term of this Contract shall commence on July 1, 2025 (the
“Commencement Date”) and shall end on September 30, 2030 (the “Expiration Date”), unless
otherwise terminated earlier or extended as provided herein.
1.3 Extension Term. City may extend the Initial Term for one (1) additional five (5) year term
beginning October 1, 2030, upon the same terms and conditions set forth in this Agreement. Notice
of the extension of the Term of this Contract for the Extension Term must be delivered in writing
by City to Contractor on or before October 1, 2029. Notwithstanding anything regarding City’s
exercise of the Extension Terms, the Parties agree that City may, at any time prior to or after the
expiration of the Initial Term and, if applicable, the first Extension Term, solicit bids or proposals
for contracting for the collection of Waste Materials or such other services provided for herein for
a period commencing after the Expiration Date, as original established and/or extended by the first
Extension Term, if applicable.
II. DEFINITIONS
The words and phrases used in this Contract shall have the following meanings unless the context indicates
a different meaning; words and phrases not defined here shall be construed as in ordinary, common usage:
“Acceptable Waste” means any non-hazardous waste that is Solid Waste, including Green Waste/Yard
Waste, Trash, Bundles, Bulky Waste, Acceptable Brush, and Acceptable Fencing, except for “Unacceptable
Waste,” as defined herein.
“Backdoor Garbage Service (Elective Carry-Out Service)” means the collection of Acceptable Waste
from behind the building line. The waste shall be placed in front of the building facing the street in such a
manner visible from the street as to be accessible without entering a gate. Backdoor Garbage Service shall
be provided at an additional charge for all households who request this service.
“Bag” means a plastic sack designed to store refuse with sufficient wall strength to maintain physical
integrity when lifted by the top.
“Brush” means any cuttings or trimmings from trees, shrubs, or lawns, including Green Waste. Limbs
should not exceed four (4) feet in length and not exceed four (4”) in diameter. All Brush will be bundled
and tied in such a way as to allow safe lifting by the employee into the collection vehicle. No stacks, bags,
bundles, or containers shall exceed forty (40) pounds in total weight.
The term "Brush" specifically excludes debris resulting from the services of a Commercial Service Provider.
“Bulky Waste” means large rubbish items including but not limited to White Goods, bicycles, furniture,
rugs, mattresses, televisions, fence material, auto parts, and other similar oversized items which are
customary to ordinary housekeeping operations of a Residential Unit.
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“Business Day” means a day that is not a Saturday, Sunday, or Holiday.
“City Facility” means a property owned, leased, and/or operated by City.
“Collection” means the act of removing from a Customer’s property (i) Waste in any form for
transport to a Disposal Facility, (ii) Recyclables for transport to a Recycling Facility.
"Collection Area” means that portion of the City in which Contractor provides collection services as
described in this RFP.
“Commercial Unit” means all commercial businesses and establishments, including, but not limited to,
stores, offices, restaurants, warehouses, and other nonmanufacturing facilities, premises, locations, or
entities, public or private, within the corporate limits of the City.
“Commercial Waste” means all types of Solid Waste generated by Commercial Units, excluding
Residential Waste and Industrial Waste.
“Commercial Service Provider” means a commercial business enterprise that provides tree limb cutting
and removal, or complete tree and stump removal services.
“Compactor Unit” means a mechanical unit that receives, compacts, and reduces the volume of MSW,
Refuse, or Garbage, whether stationary or mobile.
“Construction and Demolition Debris” means non-compatible waste building materials resulting from
construction, remodeling, repair, or demolition operations at a Residential Unit, Municipal Facility, or large
commercial and industrial unit, including but not limited to carpet, cartons, concrete, excelsior, gypsum
board, metal, paper, plastic, rubber, and wood products. Construction debris does not include Hazardous
Waste.
“CPI” means the Consumer Price Index, U.S. City Average, All Urban Consumers, Garbage and Trash
Collection, Not Seasonally Adjusted. Base Period December 1983=100),
https://www.bls.gov/news.release/cpi.t02.htm, published by the United States Department of Labor, Bureau
of Labor Statistics (“BLS”); or, if the BLS ceases to publish the CPI, such other index the Parties agree
provides an equally authoritative measure of inflation and the change in the purchasing power of the U.S.
dollar as it relates to the provision of solid waste collection services in the United States.
“Container” means a receptacle with a capacity of at least 18 gallons but not greater than 96 gallons,
constructed of plastic, metal, or fiberglass, having handles of adequate strength for lifting, the mouth of
which has a diameter greater than or equal to that of the base.
“Contract Administrator” means the City Manager or his/her designee responsible for actively
interacting with Contractor to achieve the Contract’s objectives; monitoring the Contract to ensure
Contractor compliance; receiving and maintaining Contractor reports; addressing Contract related problems
on behalf of the City; incorporating necessary modifications or changes into the Contract; mediating and
expediting timely resolution customer /Contractor issues, and other duties necessary to implement the
Contract.
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“Curbside” means (i) in the case of a street or highway with a defined asphalt or concrete curb establishing
a vertical boundary separation between a roadway and an adjacent lot or tract, the area within three (3) feet
of the curb that provides primary access to the Unit as designated by City; and (ii) in the case of a street or
highway that is not constructed with a curb, the area within three (3) feet of the edge of the paved area of
the street or highway that provides primary access to the Unit as designated by City; and (iii) with respect
to a Unit where the placement of Waste for collection at defined in (i) or (ii), whichever is applicable,
interferes with or endangers the movement of vehicles or pedestrians, such other place as close to the Unit’s
adjacent roadway as approved by the City Manager.
“Customer” means the owner or tenant of a Residential Unit, Commercial Unit, and/or Industrial Unit, as
the case may be, located within the City, and identified by the City as being eligible for and in need of the
services provided by Contractor under the Contract.
“Dead Animals” means animals or portions thereof that have expired from any cause except those
slaughtered or killed for human use.
“Detachable Container” (also referred to as “Dumpster”) means a watertight, all-metal Container,
equipped with a tight-fitting metal or plastic cover, and plugged to prevent drainage of leachate. The term
shall also apply to Containers of larger sizes (i.e., “Roll-Off Containers”).
“Disabled Carryout”: Collection of a qualified disabled Residential Unit Customer’s Waste cart when
placed the cart is placed outside the Customer’s garage, carport, or front door visible from the street, rather
than curbside placement.
“Disposal Facility” means a duly permitted sanitary landfill selected by Contractor for the disposal of the
Waste, Brush, and Bulky Waste collected by Contractor from City during the Contract Term. All Waste
Materials collected within City under this contract shall be deposited at any Disposal Facility properly
authorized by the State. Contractor shall negotiate directly with the owner of the Disposal Facility for
permission to use the Disposal Facility and Contractor shall bear all disposal costs and other related
expenses.
“Disaster Event” means an event or occurrence, including, but not limited to, wildfires, storms, floods,
fires, tornados, earthquakes, train derailments, airplane crashes, and similar events determined by the City
Manager to have caused widespread damage and destruction to personal property.
“Disaster Debris” means Waste Materials, including building materials, sediments, vegetative debris,
personal property, and other materials resulting from a Disaster that are generated by any sector affected by
a Disaster (e.g., households, businesses, government, etc.)
“Disaster Management Plan” means the Contractor’s operational policies and procedures that will be
implemented to collect, remove, and properly dispose of Disaster Debris when an event or occurrence is
determined by City to be a Disaster Event, and when Contractor is selected to provide such additional
services as those with rates in Tab 8 of the RFP.
“Disposal” means the deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on
the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air, or is discharged to the waters of the State of Texas.
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“Excluded Waste” means Large Dead Animals, Hazardous Waste, Offal Waste, Stable Matter,
Vegetable Waste, Construction Debris, Special Waste, and other types of Waste expressly excluded
from this Contract.
“Food Waste” means vegetable and other food scraps, including meat, dairy products, grease,
and bones; paper that has been contaminated with food, fat, or grease; and compostable paper
including paper towels, paper plates, tissue, and waxed paper.
“Garbage” means Municipal Solid Waste (MSW) consisting of putrescible or animal and
vegetable waste materials resulting from the handling, preparation, cooking, and consumption of
food, including waste materials from markets, storage facilities, handling and sale of produce and
other food products, and all Dead Animals of less than ten pounds (10 lbs.) in weight, except
those slaughtered for human consumption.
“Generator” means a person or municipality that produces or creates Municipal Solid Waste.
“Hazardous Waste” means any Solid Waste identified or listed as a hazardous waste by the administrator
of the Environmental Protection Agency under the Federal Solid Waste Disposal Act as amended by RCRA,
42 U.S.C. §6901, et, seq., as amended.
“Holiday” means New Year’s Day, Independence Day, Thanksgiving Day, and Christmas Day.
“Household Hazardous Waste” or “HHW” means items that have been segregated from residential
garbage and are designated as hazardous by the United States Environmental Protection Agency or the State
of Texas and shall include, but not be limited to, outdoor insecticides and fertilizers, automotive products,
household insecticides and maintenance chemicals, paint products and other items including electronics,
small batteries, vehicle batteries, and lamps.
“Industrial Unit” means an industrial business or establishment, including manufacturing facilities,
premises, locations, or entities, public or private, within the corporate limits of City.
“Industrial Waste” means Solid Waste resulting from or incidental to any process of industry or
manufacturing, mining, or agricultural operations.
“Large Dead Animals” are excluded from this contract and means animals or portions thereof equal to or
greater than 10 pounds in weight that have expired from any cause, except those slaughtered or killed for
human use.
“Medical Waste” means Waste generated by healthcare-related facilities and associated with health care
activities, not including Garbage or Rubbish generated from offices, kitchens, or other non-health-care
activities. The term includes Special Waste from healthcare-related facilities which is comprised of animal
waste, bulk blood, and blood products, microbiological Waste, pathological Waste, and sharps as those
terms are defined in 25 TAC §1.132 (relating to Definitions), as may be amended.
“Municipal Solid Waste” or “MSW" means wastes consisting of everyday items such as product
packaging, grass clippings, furniture, clothing, bottles and cans, food scraps, newspapers, appliances,
consumer electronics, and batteries. These wastes come from homes; institutions such as schools and
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hospitals; and commercial sources such as restaurants and small businesses. Municipal Solid Waste does
not include municipal wastewater treatment sludges, industrial process wastes, automobile bodies,
combustion ash, or construction and demolition debris. The term does not include source-separated
recyclable materials.
“Non-Recyclables”: Any materials in Single-Stream Materials or Recyclable Materials that are not
Recyclable Materials.
“Offal Waste” is excluded from this contract and means waste animal (land or marine) matter from
establishments such as butcher shops, slaughterhouses, food processing, and packing plants, rendering
plants, and fertilizer plants.
“Overage”: As to Residential Units, any Waste, Recyclables, Brush or Bulky Waste placed curbside for
collection above the volumes permitted by this Contract that the Customer has not requested Contractor
collect for a fee as an Unusual Accumulation, and as to Commercial Units, any Waste located outside the
Dumpster or equipment regularly used for such waste collection service or more than the applicable weight
limits of the Dumpster or equipment. Contractor shall have the right to take a digital photo of the Overage.
“Performance Bond” means a corporate surety bond that guarantees compensation to City if it must
assume the obligations and/or duties of Contractor to continue the service as defined by the Contract’s
documents.
“Permit” means a permit issued by the State of Texas to operate a municipal solid waste landfill or
processing facility, or to beneficially use municipal waste. The term includes a general permit, permit-
byrule, permit modification, permit reissuance, and permit renewal.
“Poly Cart” means a 96-gallon poly cart plastic container, provided by Contractor or Customer, clearly
marked for MSW or Recycling, equipped with wheels, handles, and a tight-fitting cover, capable of being
mechanically unloaded into Contractor’s collection vehicles. The terms “Cart” and “Wheeled Container”
shall be considered interchangeable.
“Processing” means recycling of Single Stream Materials at a properly permitted Recycling
Facility.
“Proposal Bond” means a corporate surety bond, or a certified check drawn on a national bank,
in the amount specified in the Instruction to Proposers, submitted with the proposal as a guarantee
that the proposer will, if called upon to do so, accept and enter in the Contract.
“Recyclable Material means 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 be 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
party abandoning or disposing of such material. Residential Recyclables include but are not limited to, juice
boxes, glass containers (clear, brown, green), tin-steel cans, paper board, cardboard, magazines, aluminum
cans, newspapers, junk mail, phone books, office paper, and plastics all codes (#1 through #7, except for #
6, which is Styrofoam products).
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“Recycling Container” means a plastic receptacle with a capacity of 96 gallons designed for the Curbside
Collection of Recyclable Materials, equipped with wheels, handles, and a tight-fitting cover, designed for
automated, or semi-automated, collection vehicles. The weight of a cart and its contents shall not exceed
approximately 170 pounds.
Recyclable Material” or “Recyclables” means 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 be 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 party abandoning or disposing of such material.
“Residential Recyclables” include, but are not limited to, juice boxes, glass containers (clear, brown,
green), tin-steel cans, paper board, cardboard, magazines, aluminum cans, newspapers, junk mail, phone
books, office paper, and plastics all codes (#1 through #7, except for # 6, which is Styrofoam products).
“Recycle” or “Recycling” means the collection, separation, recovery, and sale or reuse of metals, glass,
paper, leaf waste, or, plastics, and other materials which would otherwise be disposed or processed as
municipal waste or the mechanized separation and treatment of municipal waste and creation and recovery
of reusable materials other than a fuel for the operation of energy.
“Recycling Facility” means a facility employing a technology that is a process that separates or classifies
municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer
as a substitute for or a supplement to virgin raw materials. The term "Recycling Facility" shall not mean
transfer stations, municipal solid waste landfills, or resource recovery facilities.
“Refuse” means the same as Rubbish.
“Residential Construction Debris” means waste building materials generated by the
homeowner at their residence resulting from construction, remodeling, repair, or demolition
operations. The term Residential Construction Debris does not include dirt, concrete, rocks,
bricks, roofing shingles, or waste generated as a result of contractor services used for the
activities herein described.
“Residential Curbside Recycling” means the collection of Recyclable Materials placed by Customers
residing in Single-Family Structures Curbside for collection, the delivery of such materials to a Recycling
Facility, and the subsequent recycling of the collected materials.
“Residential Unit”: A residential dwelling within the service area of the City occupied by a person or group
of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either
water or domestic light and power services are being supplied thereto. A condominium dwelling, whether
of single or multi-level construction, consisting of four units, shall be treated as a Residential Unit, except
that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential
Unit.
“Residential Waste” means all Refuse, Garbage, Rubbish, and other Solid Waste generated by a Customer
at a Residential Unit.
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“Roll-Off Container” means a container provided to a Residential Unit, Commercial Unit, or Industrial
Unit by Contractor measuring 20, 30, or 40 cubic yards, intended for high-volume Refuse generating
Commercial Units or Industrial Units or for construction and remodeling, and capable of pickup and
transport to a Disposal Facility by loading of the container onto the rear of transporting vehicle, but
excluding a stationary Compactor.
“Rubbish” means non-putrescible Solid Waste (excluding ashes), consisting of both combustible and
noncombustible waste materials. Combustible rubbish includes paper, rags, Cartons, wood, excelsior,
furniture, rubber, plastics, yard trimmings, leaves, or similar materials; noncombustible rubbish includes
glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that will not burn at ordinary
incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).
“Solid Waste” means Garbage, Rubbish, Refuse, sludge from a wastewater treatment plant, water supply
treatment plant, or air pollution control facility, and other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and
agricultural operations and from community and institutional activities. The term does not include: 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, as may be
amended; 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
or its successor agency under Natural Resources Code, §91.101 as amended, unless the Waste, substance,
or material results from activities associated with gasoline plants, natural gas liquids Processing plants,
pressure maintenance plants, or re-pressurizing plants and is Hazardous Waste; or (d) Unacceptable Waste.
“Special Waste” means Waste that requires special handling and management due to the nature of the
Waste, including, but not limited to, the following: (a) containerized Waste (e.g. a drum, barrel, portable
tank, box, pail, etc.); (b) Waste transported in a bulk tanker’ (c) liquid Waste; (d) sludge Waste; (e) Waste
from an industrial process, (f) Waste from a pollution control process; (g) residue and debris from the
cleanup of a spill or release of a chemical; or (h) any other Waste defined by Texas law, rule or regulation
as "Special Waste".
“Stable Matter” is excluded from this contract and means all manure and other waste matter normally
accumulated in or about a stable, or any animal, livestock, or poultry enclosure, and resulting from the
keeping of animals, poultry, or livestock.
“Structure” means all single-family homes, and multi-family dwellings, as well as Small Businesses,
included in the specifications. It also means those City Facilities that the City may at its sole discretion
include in the Contract.
“Unacceptable Waste” means any Waste, the acceptance, and handling of which by Contractor would
cause a violation of any permit, condition, legal or regulatory requirement, substantial damage to
Contractor's equipment or facilities, or present a danger to the health or safety of the public or Contractor's
employees, including, but not limited to, Hazardous Waste, Special Waste (except as otherwise provided
herein), untreated Medical Waste, Dead Animals weighing ten pounds (10 lbs.) or greater, solid or dissolved
material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges
subject to regulation by permit, soil, 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
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improvements, or (viii) results from activities associated with the exploration, development, or production
of oil or gas or geothermal resources.
“Unit” means, collectively, Residential Units, Commercial Units, and Industrial Units.
“Unusual Accumulations” Any Residential Unit Waste placed Curbside for collection which does not
meet the specifications defined by this Contract for regular Garbage, Bulky Waste, and Yard Waste
including any Waste placed in a bag or other container without a Pink Tag. Contractor has the right to take
photographic evidence of Unusual Accumulations, and the option to provide for the collection of Unusual
Accumulations for a fee after inspection and pricing by Contractor supervision.
“Vegetable Waste” is excluded from this contract and means putrescible solid waste resulting from the
processing of plants for food by a commercial establishment such as canneries. This definition does not
include waste products resulting from the preparation and consumption of food in places such as cafeterias
and restaurants.
“Waste” or “Waste Materials” means all Residential Waste, Commercial Waste, and Industrial Waste to
be collected by Contractor pursuant to the Contract. The term "Waste" specifically excludes Unacceptable
Waste.
“White Goods” means refrigerators that have CFCs removed by a certified technician, stoves and ranges,
water heaters, freezers, swing sets, bicycles (without tires) scrap metal, copper, and other similar domestic
and commercial large appliances.
“Yard Waste” (or “Green Waste”) means accumulations of lawn, grass, or shrubbery cuttings or clippings,
dry leaf rakings, small tree branches (not to exceed 4 feet in length, nor 4 inches in diameter), bushes or
shrubs, green leaf cuttings, fruits, or other matter usually created by Refuse in the care of lawns and yards,
except large branches, trees, bulky or non-combustible materials not susceptible to normal loading and
collection in “load packer” type sanitation equipment used for regular collections from domestic
households. Notwithstanding the foregoing, all trees, shrubs, and brush trimmings must be bundled, or tied
together in a manner to allow an employee to reasonably lift the bundle into the truck, and no such bundle
or stack shall exceed forty (40) pounds in weight.
III. RATES
3.1 Base Rates. For the services provided by Contractor pursuant to this Contract, Contractor is authorized
to charge and shall receive from City the rates set forth on Exhibit A attached hereto and
incorporated herein by reference (“Base Rates”). The Base Rates are subject to adjustment from
time to time as provided in Section 3.2., below.
3.2 Modification of Rates. Base Rates charged by Contractor for services will remain fixed and will not
be adjusted until October 1, 2026. Commencing on October 1, 2026, and continuing annually on
the first day of each Contract Year thereafter, Contractor may adjust the Base Rates (each an
“Annual Adjustment”), subject to the following:
(a) Not later than the later of (i) July 1st prior to the effective date of the Annual Adjustment,
and (ii) the fifth (5th) business day after publication of the CPI described in Section
3.2(b)(1), below, Contractor must provide City written notice of the new schedule of Base
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Rates for the immediately following Contract Year based on the Annual Adjustment, which
notice must include a copy of the new Base Rates schedule (the “Adjustment Notice”);
(b) Each Annual Adjustment shall not result in an increase in the Base Rates exceeding the
lesser of:
(1) The percentage increase in the CPI for the twelve-month period ending on the May
31st immediately prior to the effective date of the Annual Adjustment; and
(2) Five Percent (5%) of the then current Base Rates;
(c) If the percentage change in the CPI for the twelve-month period ending on the May 31st
before the effective date of the Annual Adjustment would result in a decrease in the Base
Rates, the Base Rates shall remain unchanged for the immediately following Contract
Year;
(d) If Contractor fails to timely deliver the Adjustment Notice as provided in Section 3.2(a),
the Base Rates shall not be adjusted for the immediately following Contract Year; and
(e) If no Annual Adjustment is applied to a Contract Year following Contractor’s failure to
timely deliver an Adjustment Notice to City, the Annual Adjustment for the following
Contract Year shall continue to be based on the percentage change in CPI for the
twelvemonth period ending on the May 31st prior to the first day of the next Contract Year
(i.e., there is not “catch-up” for the missed increase).
3.3 Regulatory Rate Adjustment. Contractor may petition City at any time for additional payment rate
adjustments on the basis of certain unusual and unanticipated changes in the cost of operations
outside the Contractor’s reasonable control, including, but not limited to, new or revised Federal or
State laws, ordinances, or regulations that place a direct fee or tax per ton on municipal solid waste
generated by City. The increase per month shall be calculated using the annual reported waste
generation data per account in City. City shall have the right, as a condition for its approval, to
demand inspections by itself or by an independent auditor of pertinent records that demonstrate the
need for an adjustment to the payment rates. If City shall fail to approve such requested increase
within thirty (30) days after receipt of such request, Contractor shall have the right to terminate the
Contract not earlier than 180 days after providing written notice to City.
IV. SERVICE SPECIFICATIONS
4.1 General/Service Contracts. The work to be performed by Contractor pursuant to this Contract consists
of collection, transportation, and disposal, at its own expense, of Waste and Recyclable Materials
collected from Residential Units, and Commercial Waste and Industrial Waste collected from
Commercial Units and Industrial Units, within the corporate limits of City as the present and future
boundaries exist, and the furnishing of all labor, methods or processes, tools, equipment and
transportation necessary to meet the requirements of this Contract.
4.2 Residential Solid Waste Collection.
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(a) Contractor will provide one (1) time per week collection of Acceptable Waste with the
Contractor supplying one 96-gallon poly cart per residence.
(b) The Cart will be placed at the curb by 7:00 a.m. on the designated collection day. Residents
are required to place their cart(s) next to the curb in front of the residence for pickup. It is
the City’s intention to continue all residential collection at the same location residence has
used for set-out in the past.
(c) All materials to be collected shall be placed within the Cart. Collections shall be made from
Residences on a regular schedule on the same day and at approximately the same time each
week. This service will be provided Monday through Friday.
(d) Contractor is not responsible for collecting Carts weighing more than 170 pounds.
Contractor shall collect Carts/Containers that are placed Curbside or at the front of the
home in the area of the drainage ditch (the exception being for Special Needs). Contractor
shall be responsible for providing notice first to the Customer and then to City staff if they
believe the cart is not prepared and/or located correctly by a Customer. However, City shall
be the sole and final judge as to such conditions and locations.
(e) Collection of waste materials should not start before 7:00 AM or continue after 7:00 PM
on the same day. Exceptions to collection hours shall be affected only upon the mutual
agreement of City and Contractor, or when Contractor reasonably determines that an
exception is necessary to complete collection on an existing collection route due to unusual
circumstances.
(f) Residential Unit and Municipal Facilities collection routes shall be established by
Contractor. Contractor shall submit a map designating the Residential Unit and Municipal
Facilities collection routes to City at least two (2) weeks in advance of the commencement
date for such route collection activity. Contractor shall communicate route day changes via
direct mailings at its own expense, a map of the Residential Unit collection routes of such
size to clearly show all pertinent information. Contractor may from time to time make
changes in routes or days of collection affecting Residential Units or municipal facilities
provided such changes in routes or days of collection are submitted to City at least two (2)
weeks in advance of the commencement date for such changes. Contractor shall properly
give written notice to the affected Residential Units.
4.3 Residential Collection not covered under the Base Rates. The following are not covered under the
Base Rates:
(a) The collection or disposal of Excluded Materials, and
(b) The collection or disposal of any increased volume resulting from a flood, hurricane,
tornado, ice storm, or similar or different Act of God over which Contractor has no control.
In the event of such a flood, hurricane, tornado, ice storm, or other Act of God, Contractor
and City may negotiate the work to be performed by Contractor under the Disaster
Management Plan provided by Contractor, utilizing the rates for equipment, labor, and
disposal rates provided in Exhibit A to this Contract.
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4.4 Residential Collection of Recyclable Materials. Contractor shall provide one collection every
other week, on the same day that MSW is collected, of Recyclable Materials placed in the
Residential Unit’s Contractor-supplied 96-gallon Recycling Cart. Contractor shall not be required
to collect any Recyclable Materials from a Residential Unit that are not placed in the Residential
Unit’s designated Recycling Container. Contractor may, but is not required to, treat as trash any
Recyclable Materials placed at the Curbside but not in the Recycling Container.
4.5 Changes in Recycling Market Conditions. If market conditions develop that limit or inhibit
Contractor from selling some or all of the collected Acceptable Recyclable Material, Contractor
may give written notice to City of (i) a need to redefine Acceptable Recycling Material and
NonRecyclables, (ii) update the Processing facility’s Average Commodity Mix, (iii) suspend or
discontinue any or all Recycling services, or (iv) dispose of Acceptable Recycling Material (as
defined below) at the Disposal Facility and update the pricing to City accordingly. Such actions
may be reversed, upon approval from City, if market conditions dictate.
4.6 Acceptable Recycling Material. Recyclables that are eligible for collection (“Acceptable
Recycling Materials”) must be dry, loose (not bagged), un-shredded, and empty, and shall include
only the following:
Aluminum cans Newspaper
PET bottles with the symbol #1 – with screw tops
only
Mail
HDPE plastic bottles with the symbol #2 (milk,
water bottles detergent, shampoo bottles, etc.)
Uncoated paperboard (ex. cereal boxes;
food and snack boxes)
PP plastic bottles and tubs with symbol # 5 -
empty
Uncoated printing, writing, and office
paper
Steel and tin cans Old corrugated containers/cardboard
(uncoated)
Glass food and beverage containers – brown, clear,
or green
Magazines, glossy inserts, and
pamphlets
Plastics not listed above including but not limited
to those with symbols #3, #4, #7
Cartons, Aseptic Containers
4.7 Non-Recyclables. Waste that is not eligible for recycling and shall not be treated and collected as
Acceptable Recycling Materials (“Non-Recyclables”) include, but are not limited, to the following:
Plastic bags and bagged materials (even if
containing Recyclables)
Microwavable trays
Porcelain and ceramics Mirrors, window, or auto glass
Light bulbs Coated cardboard
Soiled paper, including paper plates, cups, and
pizza boxes
Expanded polystyrene and #6 plastics Coat hangers
Glass and metal cookware/bake ware Household appliances and electronics
Hoses, cords, wires Yard waste, construction debris, and wood
Flexible plastic or film packaging and
multilaminated materials
Needles, syringes, IV bags, or other
medical supplies
Food waste and liquids, containers containing
such items
Textiles, cloth, or any fabric (bedding,
pillows, sheets, etc.)
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Excluded Materials or containers which
contained Excluded Materials
Napkins, paper towels, tissue, paper plates,
paper cups, and plastic utensils
Any paper Recyclable materials or pieces of
paper Recyclables less than 4” in size in any
dimension
Propane tanks, batteries
4.8 Residential Brush/Bulk Collection: Contractor will collect Brush and Bulky materials every
other week on the same day the Residential Unit receives MSW and Recycling collection.
Contractor shall not be obligated to collect Brush Materials set out for collection that:
(a) Contains limbs exceeding four (4) feet in length or four (4”) in diameter;
(b) Is not stacked at the curb in such a manner that Contractor’s employee can reasonably and safely lift the material into the collection vehicle;
(c) Is not Debris resulting from the services of a Commercial Tree Service Provider; (d) Does
not consist of more than three (3) cubic yards of Brush and Bulky materials per collection;
(e) Is a White Good or other appliance designed to contain freon or other refrigerant materials that
has not been tagged certifying that all refrigerants have been removed by a certified
refrigerant technician prior to their placement for collection as required by Section 4.11.
4.9 Household Hazardous Waste Collection. Contractor shall provide a program to collect Household
Hazardous Waste from Residential Customers at their residences on a call-in basis subject to the
following:
(a) Contractor shall establish a toll-free telephone number to which Residential Customers may
call to request HHW collection;
(b) Contractor must provide a container/bag into which Customers may place HHW items in
advance of the collection;
(c) Contractor may require Customers to place the HHW materials inside the provided
bag/container except for large electronics, which the Customer shall be permitted to place
for collection on the Customer’s front doorstep, in front of the Customer’s garage, or some
location away from the curb or public street;
(d) Contractor may limit the collection of HHW at the Residential Unit from all Residential
Customers requesting HHW collection to a single day during each calendar month, which
date must be provided to the requesting Customer at the time the request for HHW
collection is made;
(e) In no case shall a Customer be required to wait more than 31 days from the date the request
for collection is made before Contractor collects the Customer’s HHW; (f) Contractor shall
seek to have collected HHW recycled if the technology exists;
4.10 Reserved.
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4.11 White Goods. White Goods such as a freezer, refrigerator, water cooler, dehumidifier, air
conditioner, and any other appliances containing refrigerants must be tagged certifying that all
refrigerants have been removed by a certified refrigerant technician prior to their placement for
collection. Contractor shall not accept for collection refrigerators or other devices known to contain
chloroflouro-carbons (CFCs) unless the Residential Customer establishes the item is free of CFCs
by providing a written certification of CFC removal and may be lawfully disposed or recycled at
Disposal Facilities.
4.12 Residential Unusual Accumulation Collection. When a Customer desires a collection of more
material than the weekly limit for MSW or Brush and Bulk, the Customer may request an Unusual
Accumulations Collection, which Contractor may perform subject to Customer’s payment of a fee
for such collection to Contractor reflecting a cost per hour for the use of the Collection vehicle, plus
applicable disposal, as set forth in Exhibit A hereto. Any additional fees that might be charged by
Contractor to a Customer for services that will be rendered over and above the requirements of the
Contract will be determined after visual inspection by Contractor’s supervisor, and such fees must
be approved by the Customer prior to commencing work.
4.13 Disaster Debris Collection, When City determines that an event or occurrence is a Disaster Event,
City may request Contractor to collect Disaster Debris placed for collection from Single Family
Residential Units and City Facilities within the Collection Area. Notwithstanding Section 1.1 to the
contrary, City shall have the right to contract with a third-party to provide Disaster Debris
Collection in addition to or in lieu of Contractor providing collection services. If City elects to use
the services of Contractor to collect these additional materials resulting from the Disaster Event,
City shall grant Contractor variances in routes and Exhibits, as deemed necessary.
4.14 Residential Carts. Contractor agrees to provide one (1) new Poly Cart for placement of Waste
(“Waste Cart”) and one (1) new Cart for Recyclable Materials (“Recycling Cart”) to each
Residential Unit (Waste Carts and Recycling Carts collectively being “Carts”)not later than five
(5) days prior to the Commencement Date. Upon written notice from City, Contractor agrees to
provide one (1) new Waste Cart and one (1) new Recycling Cart to new Residential Units
constructed within City during the Term of the Contract. New Carts will be delivered to the
Residential Unit with written instructions for proper use, including information regarding any
actions taken by a Resident that may void manufacturer warranties, such as the placement of hot
ashes in the Cart. New Recycling Carts and replacement lids for existing Recycling Carts will have
recycling guidelines heat molded on the top of the lid determined by Contractor subject to City’s
approval, which approval shall not be unreasonably withheld or delayed.
(a) Contractor shall not be required to collect any Waste or Recyclable Materials that are not placed in the designated Cart, any Waste or Recyclable Materials from a Cart that weighs
more than 170 pounds, or a Cart and/or bags that are not properly placed Curbside;
provided, however, prior to refusing to collect any Waste from a Residential Customer
because such Waste is not properly prepared (i.e. placed in a Poly Cart or bagged) and/or
placed at Curbside, Contractor shall notify the Residential Customer and then the City
Manager if it believes the Waste is not prepared and/or located correctly by the Residential
Customer, in which case the City Manager shall be the sole and final judge as to whether
or not such Waste was properly placed for collection and should be collected; and
(b) Carts shall remain at the location of the Residential Unit where delivered by Contractor. Should a Cart be lost or stolen from a Residential Unit, Contractor shall provide a
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replacement Cart. Contractor shall assess a $75.00 charge to the Resident for new replacement carts and shall look solely to the Resident to pay such charge. If a Cart is damaged while at a Residential Unit, the Residential Customer shall contact Contractor
directly to request a replacement Cart. Contractor shall replace a damaged Cart with a
reconditioned Cart at no additional charge.
Contractor will be responsible for promptly responding to requests from and delivering Carts to Residential
Customers who need a damaged Cart replaced. Contractor shall deliver a reconditioned Cart not later than
five (5) business days after written notice from City or the Customer. Reconditioned Carts must be cleaned
prior to delivery to the Customer. Damaged Carts shall be removed at the same time a reconditioned or
replacement Cart is delivered.
4.15 Special Needs Waste Placement for Collection Assistance, If the City Manager determines that
all residents of a Residential Unit are physically disabled or because of age or verified physical
limitations cannot safely move their Carts to the curb for collection, Contractor personnel will
collect the Carts at the side yard or garage door and return to the same place once emptied
(“Special Needs Collection”). All requests for Special Needs Collection will be considered by
Contractor and the decision on whether to provide Special Needs Collection to a Customer
forwarded by Contractor to the City Manager and Residential Customer. The City Manager may
either approve or reject a Contractor’s determination to not provide Special Needs Collection for
a qualified Residential Customer. The rate for Special Needs Collection shall be the same as a
regular collection.
4.16 Right to Reject Unacceptable Waste. Contractor may, in its sole discretion, reject Unacceptable
Waste placed curbside for collection by a Customer, in which case neither title to, nor liability for,
such Unacceptable Waste shall pass to Contractor.
4.17 Adding Residential Customers. Contractor will establish New Residential Customer Service not
later than the next collection day for the subject Residential Unit following receipt of the written
request for such commencement of service from City.
4.18 Small Businesses Garbage Collection. Collections from all Small Business Garbage Generators
shall be performed at least weekly on the same day and at approximately the same time each week
using 96-gallon Carts provided by Contractor. If a Small Business Garbage Generator elects to
receive Recycling Service, Contractor shall provide one 96-gallon Recycling Cart to be collected
once per week on the same day as the collection of the Waste Cart. Contractor is not responsible
for collecting Carts weighing more than 170 pounds from Small Business Garbage Generators.
Contractor shall notify the Small Business Garbage Generator and the City Manager if Contractor
believes the Small Business Garbage Generator’s Waste is not prepared and/or located in an area
accessible to the Collection Vehicle; provided; however, the City Manager’s determination shall
final as to such conditions and locations and whether the collection should proceed.
4.19 Front End Loader and Roll Off Container Collection.
(a) Prior to the beginning of the Contract, Contractor shall provide new Dumpsters for Garbage
Collection to all Facilities receiving Dumpster collection service under the Contract.
Dumpsters will be standard Containers capable of being serviced by front load, collection
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vehicles, and/or roll-off vehicles compatible with compactor and open-top containers.
Dumpsters shall be located on the premises in a manner satisfactory to City or site manager
and convenient for collection by Contractor. City, whose decision shall be final and binding,
shall mediate any disagreements over Container placement and collection.
(b) Contractor is not required to collect from Dumpsters if access across the Customer’s private
property is blocked.
(c) Establishments generating putrescible waste materials will receive a minimum of two (2)
days per week collection. Contractor shall make collections at all commercial
establishments subject to the terms of the Contract and at sufficient additional intervals
necessary to perform adequate services and to protect the environment. Where the refuse
is exclusively non-putrescible in nature, one (1) weekly collection is permitted.
(d) Contractor shall not be required to perform during emergencies resulting from Acts of God
or where proper payment has not been received.
(e) Within the Collection Area, the collection shall be performed Monday through Saturday
between the hours of 5:00 am. and 7:00 pm. within the confines of the current ordinances
of City. Collections shall be made on a regular schedule on the same day and at
approximately the same time each week.
(f) Dumpsters will be located at a place convenient and safely serviceable to the Contractor
and the Commercial Customer.
(g) Contractor nor City shall be responsible for damage which is not negligently or willfully
caused by the Contractor to any private pavement or accompanying sub-surface, or any
drive approach connecting said private pavement to a public street or alley, of any route
reasonably necessary to perform the services in the Contract.
(h) Detachable Containers supplied by Contractor shall be painted a uniform color, bear the
name and telephone number of the Contractor, and bear a serial number coded for Container
size. Detachable Containers (Dumpsters) placed for the collection of wet or odorous wastes
shall be painted or changed out at least once every 2-1/2 years. Contractor is responsible
for removing graffiti from its Detachable Containers. Collection drivers shall regularly note
Containers containing graffiti. Contractor personnel shall then remove reported graffiti.
Contractor shall remove any graffiti reported by City within five (5) business days of
notification.
(i) Damage to Detachable Containers on Customers' premises is at Contractor's risk, as
between those parties and without affecting the risk or liability of others.
(j) Contractor shall be responsible for the repair of all Contractor Detachable Containers
damaged due to the Contractor’s negligence. Contractor shall repair or replace within one
(1) business day any Detachable Container that City determines does not comply with
ordinance standards or constitutes a health or safety hazard.
(k) No commercial container, Dumpster, or Roll-Off Container should be overloaded to the
point where the lid or covers will not close, or the tarp will not properly cover the load.
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Contractor may decline to empty an overloaded container until the Customer unloads the
Dumpster or Roll-Off Container to the point where the lid(s) will close, or where the load
may be safely tarped before transport.
(l) Contractor shall not litter premises in the process of making collections, but Contractor
shall not be required to collect any waste material that has not been placed in approved
containers or a manner herein provided, including any waste material that is not properly
contained in accordance with the Contract. During hauling, all waste material must be
contained, tied, or enclosed so that leaking, spillage, or blowing is minimized. In the event
of spillage by Contractor, Contractor shall be required to clean up the litter caused by the
spillage. Contractor shall be responsible for closing the doors of a container enclosure after
servicing the Dumpster within that enclosure.
(m) Where Dumpster overflow occurs, windblown litter shall be the responsibility of the
Customer to clean and remove. Where windblown litter occurs due to negligence of
Contractor during the act of lifting and emptying a container, the Contractor shall perform
the necessary clean-up of the windblown litter.
4.20 Detachable Containers-Generally
(a) Prior to the Commencement Date, Contractor shall provide New Detachable Containers
and, if applicable, New Compactor Units, to all Commercial and Industrial Units receiving
collection service under the Contract.
(b) Detachable Containers will be standard Containers capable of being serviced by front load,
collection vehicles, and/or roll-off vehicles compatible with compactor and open-top
containers.
(c) Detachable Containers shall be painted a uniform color, bear Contractor’s name and
telephone number, and bear a serial number coded for Container size.
(d) Detachable Containers (Dumpsters) placed for the collection of wet or odorous wastes shall
be painted or changed out at least once every 2-1/2 years, upon Customer or City request.
(e) Contractor-Owned roll-off compactor containers shall be steam cleaned or changed out, at
least once each year or as directed by City for an agreed-upon fee between the Customer
and Contractor.
(f) Detachable Containers shall be located on the Customer’s property at a location approved
by the City Manager and convenient for collection by Contractor. The City Manager, whose
decision shall be final and binding, shall mediate any disagreements over Detachable
Container placement and collection.
(g) Contractor is not required to collect from Detachable Containers if access across the
Customer’s private property is blocked.
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4.21 Commercial Unit Collection. Subject to the limitations of collection days and times in Section
5.2, Contractor shall make at least two (2) weekly collections at all Commercial Units on a regular
schedule on the same days and approximately the same times each week subject to the terms of
the Contract Documents and at sufficient additional intervals necessary to perform adequate
services and to protect the environment unless otherwise approved in advance by City. If a
Commercial Unit’s Waste is exclusively non-putrescible and of sufficiently low volume such that
the Waste generated by the Commercial Customer does not exceed the volume of the Commercial
Customer’s Containers between collections, once-a-week collection is permitted. Contractor shall
not be required to perform the collection of Commercial Units during emergencies resulting from
Acts of God or when the Commercial Customer has failed to pay Contractor for the services
received. Dumpsters will be located at a place convenient and safely serviceable to the Contractor
and the Commercial Unit Customer.
4.22 Detachable Container Maintenance.
(a) Contractor shall be responsible for the maintenance and repair of Contractor’s Detachable
Containers damaged due to Contractor’s negligence.
(b) Contractor shall repair or replace not later than one (1) business day any Detachable
Container after the City Manager notifies Contractor of a determination that the Detachable
Container does not comply with ordinance standards or constitutes a health or safety
hazard.
(c) Contractor shall graffiti from its Detachable Containers not later than five (5) business days
after notification by City or a Customer of the existence of the graffiti. Contractor shall
keep a record of the locations of Detachable Containers containing graffiti, take a
photograph of the graffiti prior to its removal, and provide such location information and
photographs to City as part of the Monthly Report.
(d) Each Detachable Container to be placed at a City Facility is subject to inspection by City
and approval as to appearance and condition before placement at any City Facility. A
Detachable Container shall be reconditioned and repainted, if necessary, before being
located at a City Facility that has not used it earlier. Contractor shall clean and/or repaint a
Detachable Container showing excessively damaged paint and/or an accumulation of waste
residue within the Detachable Container not later than thirty (30) days after delivery of a
written request by City.
4.23 Overloaded Containers. No commercial container, Dumpster, or Roll-Off Container should be
overloaded to the point where the lid or covers will not close, or the tarp will not properly cover the
load. Contractor may decline to empty an overloaded container until the Customer unloads the
Dumpster or Roll-Off Container to the point where the lid(s) will close, or where the load may be
safely tarped prior to transport.
4.24 Stationary Compactor Units. The purchase, lease, installation, maintenance, and repair of
Stationary Compactor Units or any related parts or accessories, as well as the Detachable
Container, will be by agreement between Contractor and the property owner and/or
authorized property manager of the property where the Stationary Compactor Unit(s) will be
placed. Contractor’s agreement with Customers using Stationary Compactor Units shall
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provide for the collection and transport of the Compactor Unit’s Detachable Container. The
rental of a Detachable Container shall be in accordance with the Roll-Off Rates set forth in
Exhibit A attached hereto.
4.25 Excluded Waste.
(a) Contractor has no obligation to collect Excluded Waste pursuant to this Contract. Unless
otherwise provided in this Contract, City has no obligation to pay Contractor for the
collection of Excluded Waste.
(b) If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse
to collect the entire bin, container, bag, or bundle of waste containing the Excluded Waste.
Contractor shall contact City upon the discovery of Excluded Waste that has been placed
for collection. City shall be responsible for taking any appropriate action to ensure that such
Excluded Waste is removed and properly disposed of by the depositor or generator of the
Excluded Waste.
(c) If any Excluded Waste is not discovered by Contractor before it is collected, Contractor
may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a
location authorized to accept such Excluded Waste in accordance with all applicable laws
and charge the generator of such Excluded Waste all direct and indirect costs incurred due
to removal, remediation, handling, transportation, delivery, and disposal of such Excluded
Waste. City reasonably assists Contractor in determining the identity of the depositor or
generator of the Excluded Waste to enable Contractor to collect from the depositor or
generator the cost incurred by Contractor in connection with such Excluded Waste.
(d) Contractor releases and holds City harmless from any liability for any cost incurred by
Contractor in connection with such Excluded Waste, except to the extent that such
Excluded Waste is determined to be deposited or generated by City.
V. COLLECTION OPERATIONS – GENERAL PROVISIONS
5.1 Disposal: Contractor shall deliver all Waste collected pursuant to this Contract to a Disposal Facility.
5.2 Hours of Collection.
(a) Unless otherwise agreed by the Contract Administrator in accordance with Section 5.2(c),
collection of Waste from Residential Customers shall not start before 7:00 A.M. Central
Time or continue after 7:00 P.M. Central Time on the same day in any residentially zoned
area of City’s corporate limits or otherwise within 500 feet of a Residential Unit Collection
from Residential Units shall not occur on Sundays unless authorized in writing by the
Contract Administrator following a weather-related event (e.g. winter storm event) or other
circumstance that has resulted in Contractor being unable to perform regular collections on
schedules days.
(b) Unless otherwise agreed by the Contract Administrator in accordance with Section 5.2(c),
collection of Waste from Commercial and Industrial Customers shall be performed on a
regular schedule on the same days and approximately the same times each week, Monday
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through Saturday between the hours of 5:00 A.M. Central Time and 7:00 P.M. Central
Time; provided, however, unless otherwise approved by the Contract Administrator, which
approval shall not be unreasonably withheld, collection from a Commercial or Industrial
Customer shall not occur before 7:00 A.M. Central Time if the location where the collection
will occur is within 500 feet of a Residential Unit.
(c) Notwithstanding the foregoing to the contrary, collection on all routes will be completed
no later than 7:00 P.M. Central Time each service day unless:
(1) Contractor provides written notice to the City Manager with a description and
justification of the unusual circumstances prior to the collection that justifies a later
completion time for the route or Customer identified in the request; and
(2) The City Manager determines that the collection will not result in a violation of
City’s ordinances, including those regarding excessive noise; and
(3) The City Manager approves the later completion time in writing.
5.3 Collection Routes. Contractor shall work with City staff to develop routes prior to the Commencement
Date. Contractor may request changes to collection routes that are determined to be more efficient
than those that would otherwise be in effect on the Commencement Date or to which the Parties
later agree; provided, however, no change in collection routes shall be made unless:
(a) such change has been approved in writing by the City Manager, which shall not be
unreasonably withheld or delayed; and
(b) if the change will require a change in the days Waste Materials and/or Recyclable Materials
are collected from a Residential Customer, Contractor has provided written notice to each
Residential Customer whose collection dates will change not later than fifteen (15) days
prior to the date the new collection dates become effective.
5.4 Holidays. Contractor may, at Contractor’s option, suspend collection on a Holiday. If Contractor
elects not to provide collection services on a Holiday, Contractor shall notify City not less than two
(2) weeks in advance of the Holiday of the dates that collection will occur for those Customers
whose regular collection day falls on the Holiday on which a collection did not occur, provided
such delayed collection shall be not later than the next business day following the Holiday unless
otherwise agreed by the Contract Administrator.
5.5 Complaints. Customer complaints, including complaints for missed collections, shall be directed
to Contractor. At the end of each business day(and, in the case of complaints received on a Saturday,
Sunday, or a Holiday, on the immediately following business day), Contractor shall email to City a
summary of Customer complaints received on that day setting forth at least the following relating
to each complaint:
(a) The address of the Customer making the complaint;
(b) The time the call or e-mail was received from the Customer;
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(c) Whether the Customer is a Residential, Commercial, or Industrial Customer;
(d) A summary of the follow-up action taken by Contractor to resolve open complaints from
the same or prior days, including the date of the original complaint, the date(s) and time(s)
of subsequent communications with the Customer regarding the complaint, the name of
Contractor’s employee(s) who interacted with the Customer regarding the complaint, a
summary of the contents of the communications between Contractor’s employee(s) and the
Customer, and the date when Contractor has deemed the complaint to be resolved and
closed.
5.6 Collection Vehicles and Equipment. All vehicles, facilities, equipment, and property used in the
performance of this Contract shall be provided by Contractor and comply with the following:
(a) All vehicles shall be not older than four (4) model years on the Commencement Date and
not older than ten 10 model years at any time during the term of this Agreement;
(b) All vehicles shall be kept in good operating order and a clean and sanitary condition with
the interior of the cab free of clutter;
(c) All collection equipment shall be operated and maintained in compliance with all
applicable state and federal safety standards;
(d) Contractor shall obtain and maintain current all required operating permits and registrations
for the collection vehicles;
(e) Collection vehicles shall be painted in Contractor’s color schemes. Vehicle numbers, at
least six-inch (6.0”) high shall be painted on each side of the rear of the vehicle in a
contrasting color from the body color;
(f) No advertising shall be permitted on the collection vehicle other than the name and address
of Contractor;
(g) Contractor shall place the appropriate customer service telephone number on all collection
trucks;
(h) The type, number, and capacity of collection vehicles shall be sufficient to service all
Structures at the frequency and level of collection specified in the Contract and capable of
handling, in the safest and most efficient method available, the Carts, Containers, and
material specified for each structure on its route;
(i) All vehicles shall be operated in conformity with applicable federal and state laws and
regulations;
(j) All vehicles used by Contractor’s management personnel, including route supervisors, shall
be equipped with cell phones with voice mail so they can be contacted by City;
(k) Collection vehicles will be equipped with two-way communication devices so that
Contractor’s staff and the driver may communicate during the route collection; and
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(l) All collection vehicles shall be equipped with Global Position System (“GPS”) tracking
equipment to allow for tracking and locating collection vehicles, which tracking
information can be stored and retrieved by Contractor and is provided to City upon written
request
Contractor shall furnish to City an inventory of all equipment and vehicles to be used pursuant to
this Contract (the “Equipment Inventory”). Contractor shall provide City with an updated
Equipment Inventory not later than ten (10) business days after Contractor adds and/or deletes a
vehicle or piece of equipment that is being used in City unless the addition or deletion is only for a
temporary period to allow for the repair of a vehicle or piece of equipment on the Equipment
Inventory that has been temporarily removed from service. Contractor may use replacement and/or
additional equipment and vehicles for a period not exceeding fifteen (15) consecutive days or sixty
(60) days during any Contract Year without updating the Equipment Inventory if the use of such
equipment and/or vehicles is reasonably necessary to maintain a consistent level of collection
services as required by this Contract during a period of an abnormally high volume of Waste
needing to be collected or to cover extra collections as the result of a Holiday collection schedule.
Contractor may include on the Equipment Inventory equipment or vehicles Contractor intends to
regularly use for collection during such temporary periods of high volume or during Holiday
collection schedules provided such equipment and/or vehicles are identified as “standby” or
“reserve” equipment or vehicles on the Equipment Inventory.
5.7 Spillage. Contractor shall not litter premises in the process of making collections. In the event of
spillage by Contractor, Contractor will be responsible for the cleanup of any spills including, but
not limited to, garbage, fuel, oil, and other fluids from Contractor’s vehicles or resulting from the
collection of Waste Material. Contractor shall not be responsible for the collection of any scattered
Waste that has not been caused by Contractor’s employees.
5.8 Point of Contact. All dealings and contacts between Contractor and City shall be directed between
the Public Sector representative of Contractor, or such other individual identified by Contractor,
and the Utility Billing Manager or designee.
5.9 Contractor’s Employees.
(a) Contractor’s officers, employees, or agents assigned to perform collection services to
Customers pursuant to this Contract shall:
(1) at all times when collecting Waste Materials and/or Recyclable Materials, wear
uniforms and carry identification cards and/or badges bearing the name and photo
of the officer or employee and identifying the person as an officer or employee of
Contractor;
(2) possess at all times the appropriate State of Texas operator’s license for the vehicle
being operated when driving any vehicles used in connection with the performance
of this Contract;
(3) never identify themselves, or in any way represent themselves, as being employees
or agents of City;
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(4) not possess or consume alcoholic beverages or controlled substances while on duty
or in the course of performing duties under this Contract, and Contractor shall
maintain and enforce a policy consistent with this prohibition;
(5) interact with Customers and other members of the public in a neat, orderly,
courteous, helpful, and impartial manner and refrain from belligerent behavior
and/or profanity when interacting with Customers;
(6) conduct collection serves with as little noise and as little disturbance to Customer
as reasonably possible taking into consideration the noise customarily generated
by the normal operation of Collection Vehicles and other collection equipment;
(7) not disturb or otherwise unreasonably interfere with a Customer’s property that is
adjacent to where the Customer’s container(s) are located for collection; and
(8) take reasonable precautions to prevent damage to property, including lawns,
shrubs, flowers, and other plants while performing Collection Services.
(b) Contractor shall be solely responsible for managing and disciplining Contractor’s
employees. If Contractor receives a report alleging one or more of Contractor’s
employee(s) was wanton, discourteous, belligerent, profane, or in any way intimidating,
either physically or verbally, or appeared to be under the influence of drugs or alcohol,
Contractor shall submit a written report to City providing the details of the incident, which
report shall include: the nature of the incident, time, date, and location of the incident;
name, address, and telephone number of the person alleging the violation; the name and
title Contractor’s officer(s) and/or employee(s) involved in the incident; and what
disciplinary action, if any, was taken by Contractor. If an employee of Contractor is the
subject of repeated allegations or a single egregious allegation of the type described above,
such employee shall be removed from an assignment from providing Collection Services
under this Contract not later than ten (10) days after receipt of City’s written request for
such removal, which removal shall continue for the duration of the Term of this Contract
(including Initial Term and any Extended Term) unless otherwise agreed in writing by the
Contract Administrator.
VI. REPORTING REQUIREMENTS
6.1 Reports Generally; Format. Contractor shall provide to City the reports or notifications to the City’s
Contract Administrator described in this Article VI in addition to any daily reports required by this
Contract. If not established by an outside authority, the Parties shall agree on the required report
format, provided each report contains at least the information required by Article VI. All
information provided in the reports delivered by Contractor to City pursuant to this Article VI
becomes the property of City. City shall have the right to use the data from the reports provided by
Contractor for whatever purposes City deems appropriate.
6.2 Monthly Reports. Not later than the tenth (10th) of each month during the term of this Contract,
Contractor shall deliver to the City Manager in the agreed format a report relating to the
collection activity during the prior calendar month (“Monthly Reports”). Monthly Reports
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shall include route-by-route information regarding Participation Rates, Recycling Rates, and
Tonnage Collected and contain, as a minimum, the following information:
(a) Number of Residential Units served.
(b) Number of Commercial Units served.
(c) Tonnage of Waste collected during the month and delivered to the Disposal Facility, broken
down by collection from Residential Units, Commercial Units, and Industrial Units;
(d) Tonnage of Residential Recycling Materials collected and delivered to the Disposal
Facility;
(e) Tonnage of Residential Bulk and Brush collected;
(f) Tonnage of Waste collected from Commercial Units;
(g) Tonnage of Waste collected from Roll Off Units;
(h) Residential Recycling Participation Rate, being the percentage of Residential Units
participating in recycling collection services;
(i) Summary of motor vehicle accidents or moving violations involving Contractor’s vehicles
occurring while providing services under the Contract during the month;
(j) Summary of property damage claims or personal injury claims received by Contractor
during the month as a result of providing services under the Contract, even if the events
giving rise to such claim occurred in a prior month; and
(k) List of Customer complaints received by Contractor either directly or forwarded by City,
arranged and listed by category, including the date the complaint was received, the address
of the complainant, the address of the property about which the complaint was made (if
different than Customer’s address, name of the complainant, nature of the complaint, how
the complaint was resolved, the date the complaint was resolved when the complainant was
contacted about the resolution of the complaint, and if the complaint has not been resolved
as of the date of the Monthly Report, when and how Contractor expects the complaint to
be resolved.
6.3 Annual Reports. No later than November 1st after the end of each Contract Year, Contractor shall submit
to the Contract Administrator an annual report (the “Annual Report”) covering the immediately
preceding Contract Year and include at least the following information:
(a) A collated summary of the information contained in the monthly reports, including
reconciliation of any and/or adjustments from prior reports;
(b) A discussion of highlights and other noteworthy experiences, along with measures to
resolve problems, increase efficiency, and increase participation;
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(c) A description of all public information programs undertaken with audiences reached and
media used; and
(d) With respect to the final Annual Report, including all information required for the Monthly
Report relating to the last calendar month prior to the date of termination of the Contract.
The obligation to submit the Annual Report for the last Contract Year shall survive the termination
or expiration of this Contract. City may withhold payment of balances due to Contractor at the end
of the Contract until such final report is received and accepted by City. Contractor shall cooperate
fully with providing information relevant to reporting requirements. The reporting requirements are
part of the material consideration and failure to comply with reporting requirements shall constitute
a material default and shall be subject to penalties and/or termination of this Contract.
VII. PUBLIC EDUCATION CAMPAIGN SERVICE AND CITY FACILITY SERVICE
7.1 Public Education Campaign. To ensure Residential Customers are well-informed about the transition
to Contractor’s services, the city will oversee all communication and outreach efforts. To support
these efforts, Contractor shall:
1. Provide financial assistance in the amount of Thirty Thousand Dollars ($30,000) to the city for
outreach initiatives, which will include mass mailers, billboard advertising, digital/print
advertising across multiple platforms, and a citizen engagement tool to gather feedback and
input.
2. Financial assistance with be provided to the City within thirty (30) days of contract execution.
3. Provide the city with all necessary information regarding the transition, including service start
dates, collection guidelines, and Contractor’s contact information for customer inquiries or
complaints.
4. Collaborate with the city’s Public Affairs Office to ensure accurate and timely dissemination of
information to Residential Customers.
7.2 City Facilities and Special Events. Contractor agrees to provide Dumpster(s) and/or Roll-Off
Containers for the Special Events and at City Facilities set forth in Exhibit B attached hereto and
incorporated herein by this reference. The type of equipment and frequency of collection is set out
in Exhibit B and may be adjusted as agreed to by City and Contractor. Necessary increases in
service as agreed to between City and Contractor to existing City Facilities will be added to the
Exhibit and serviced at no charge. Any additional events not listed in Exhibit B or necessary
increases in service to events listed in Exhibit B will be serviced by Contractor at a charge. During
the term of the contract, City may add additional Municipal facilities requiring Front Load container
service, or Poly Cart service. These facilities will be serviced at no charge. Should a facility be
added that requires Roll-Off service, a rate for this service will be negotiated with the Contractor.
VIII. CONTRACTOR RESPONSIBILITIES
8.1 Generally. In providing the Collection Services required by this Contract, Contractor’s responsibilities
shall include:
(a) Furnishing all skill, labor, equipment, materials, supplies, and utility services required for
providing all services in accordance with this Contract;
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(b) All actions and activities of its subcontractors;
(c) Supplying all records and information required by this Contract;
(d) Securing at Contractor's expense all governmental permits and licenses and required
regulatory approvals, including those required by City ordinances;
(e) Paying all applicable taxes and Franchise fees;
(f) Paying to City not later than the thirtieth (30th) day after the Effective Date the one-time
reimbursement of City’s costs for the development of the RFP and the Contract Documents
including, but not limited to, this Contract, the estimated total of which is $39,940, but
which may exceed said amount;
(g) Complying with applicable laws and regulations;
(h) Performing all work in a timely, thorough, and professional manner;
(i) Disposing of all collected MSW at a permitted MSW Landfill;
(j) Processing and marketing Recyclable Materials collected by Contractor from Residential
Units;
(k) All wage increases for Contractor’s collectors or other employees, any benefits or added
costs resulting from changes in technology, laws, and regulations, labor practices,
availability of equipment, and other business risks that may affect the performance of this
Contract; and
(l) Collecting all missed collections for any service provided within 24 hours after being
notified of the missed collections, including picking up on Saturday if notified of a missed
collection on a Friday; provided, however, missed pick-ups for which Contractor receives
a notification on a Saturday will be collected on the immediately following Monday.
8.2 Contractor’s Office. Contractor shall maintain an office or such other facilities through which it
can be contacted by direct visit or by local (toll-free) call from anywhere in the City on regular
collection days, as follows: (i) Monday through Friday between 7:00 A.M. and 7:00 P.M. Central
Time; and (ii) Saturday between 9:00 A.M. and 3:00 P.M. Central Time. Such office shall be staffed
by a responsible person in charge and an adequate number of additional staff available to answer
the phone from 7:00 a.m. to 7:00 p.m. on regular collection days. When the collection is postponed
one day for scheduled or unscheduled reasons, 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 shall be available at all other hours, thereby
providing a 24-hour, 7-day per week customer service line.
8.3 Newsworthy and Emergency Notifications. Contractor must contact Contract Administrator as
soon as reasonably practical and, in no case, later than 24 hours after the occurrence of one of the
following:
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(a) any news coverage or sudden event that could impact the service Contractor provides to
City pursuant to this Contract;
(b) any news coverage or sudden event that is reasonably anticipated to result in Customer
phone calls to City;
(c) an environmental emergency or incident, including spills, that involves Contractor, a
related business of Contractor, or one or more of Contractor’s employees that occurs within
City;
(d) a motor vehicle accident that occurred while providing services under the Contract;
(e) personal injury accidents which occurred while providing services under the Contract;
and/or
(f) property damages that occurred while providing services under the Contract.
8.4 Street Damages. Contractor shall be responsible for the repair of damage to paved surfaces on public
streets, alleys, bridges, or easements when such damage is caused by Contractor’s negligent or
inappropriate operation of its collection equipment. Contractor shall not be responsible for normal
wear and tear of public rights of way or regular maintenance of such rights of way. Substantiation
of cause shall be determined by the mutual agreement of City and Contractor. At no time shall
Contractor operate a vehicle in City’s Limits that:
(a) is loaded to the extent that the load exceeds the weight allowed by law for the rating of said
vehicle; or
(b) is loaded to the extent that the combined weight of the load and vehicle exceeds the weight
allowed on the public streets, alleys, thoroughfares, bridges, or easements on which the
vehicle is traveling if such street, alley, or bridge has received a weight limitation rating.
Contractor shall, not later than forty-five (45) days following written demand, reimburse City for
all costs related to City’s repair of damages determined to be Contractor’s responsibility.
Notwithstanding anything in this Section 8.4 to the contrary, Contractor shall not be responsible for
damage which is not negligently or willfully caused by Contractor to any private pavement or
accompanying sub-surface, or any drive approach connecting said private pavement to a public
street or alley, of any route reasonably necessary to perform the services in the Contract.
8.5 City Facilities. Contractor shall not charge City for collection services from City Facilities as
described in Exhibit “B” or from any additional City Facilities that City may add. During the term
of the contract, City may add additional Municipal facilities requiring Front Load container service,
or Poly Cart service. These facilities will be serviced at no charge. Should a facility be added that
requires Roll-Off service, a rate for this service will be negotiated with the Contractor.
8.6 Enforcement. Contractor has the right to seek an injunction against any third party which is
believed to be infringing upon the rights of Contractor to this Contract, including Contractor’s right
to be the sole provider of Waste and Recyclable Materials collection within City per this Contract.
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8.7 Damage to Property, Contractor shall take all necessary precautions to protect public and private
property during the performance of this Contract. Contractor shall repair or replace any private or
public property which is damaged by Contractor’s officers or employees. Such property damages
shall be resolved by Contractor either by repair or replacement, at no charge to the property owner,
within forty-eight (48) hours of the earlier of knowledge of or notice to Contractor of such damage
unless a longer period of time is approved in writing by the City Manager and any replacement of
property shall be accomplished with property of the same or equivalent value at the time of the
damage. If Contractor fails to address the repair and replacement of damaged property within
fortyeight (48) hours of earlier knowledge of or notice to Contractor of such damage or the longer
period of time approved in writing by the City Manager, the City Manager may, but shall not be
obligated to, cause the repair or replacement of such damaged property and the cost of doing so
shall be deducted from any payment to be made to Contractor by City. Notwithstanding anything
to the contrary, Contractor shall not be liable for any damages to pavement, curbing, or other driving
surfaces to the extent that such damages result solely from the normal and legally allowable weight
of its trucks and equipment on the surfaces as necessary to perform the Services.
IX. LIQUIDATED DAMAGES
9.1 Generally. Acceptable performance standards pursuant to this Contract include the provision of daily
servicesi on a timely basis with minimal interruptions, Contractor being environmentally
responsible while providing such daily services, and Contractor responding promptly to both
residential and commercial Customers and resolving any complaints relating to the failure to
promptly and correctly providing such daily services. For failure in meeting acceptable
performance standards, Contractor will be liable to City for Liquidated Damages as set forth in
Section 9. City may charge Liquidated Damages to Contractor as set forth in Section 9.2 on a
monthly basis and shall, at the end of each month during the term of the Contract, notify Contractor
in writing of the amount of Liquidated Damages assessed for such month, if any. If Contractor
wishes to contest any Liquidated Damages assessment, Contractor will request in writing a meeting
with the City Manager or designee to attempt to resolve the issue. The decision of the City Manager
shall be final.
9.2 Liquidated Damages Assessed. City may assess liquidated damages to Contractor as follows:
a) Missed collection: $100 per missed collection in excess of five (5) missed collections on the same
collection day. A missed collection occurs when a Customer reports a missed collection, the address
was not reported by Contractor as an unacceptable set-out, and Contractor cannot provide data
demonstrating the collection vehicle traveled on the street and collections occurred on the street on
the day on which the complaint relates;
b) If a missed collection has not been collected within the time required by Section 8.1(k): $100 per
occurrence per day;
c) $500 per incident for Contractor failing to collect Waste on a block containing Residential Units. A
missed Residential Unit block is where three (3) Residential Units on one side of a street between
cross streets, or an entire cul-de-sac, report a missed collection. A missed Residential Unit block
occurs when the addresses reporting missed collections were not reported by Contractor as
unacceptable setouts, and Contractor cannot provide data demonstrating the collection vehicle
traveled on the block during the day of the complaint:
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d) Commencement of residential collection prior to 7:00 a.m., or operating within City after 7:00 p.m.
except as expressly permitted: $250 per route per occurrence;
e) Commencement of commercial collection within 500 feet of a Residential Unit prior to 7:00 a.m.,
commencement in other areas prior to 5:00 a.m., or operating within City after 7:00 p.m. except as
expressly permitted: $250 per route per occurrence;
f) Failure to complete a majority (50%) of the collections on a given day: $5,000 for each incident
(unless Contractor has reported to City that collections cannot be made due to unsafe conditions
(roadway freezing, etc.);
g) Failure to maintain a vehicle in a manner consistent with the Contract: $100 for each incident;
h) Failure to clean up spilled Solid Waste or Recyclables resulting from Contractor loading and/or
transporting within two (2) hours of notification: $250 per impacted address;
i) Failure to resolve properly reported bona fide Customer complaints within one business day: $200
for each incident;
j) Failure to submit an accurate Monthly or Annual report in the specified format, as required by the
Contract: $250 per report per calendar day delinquent;
k) Failure to submit accurate accounting invoices and/ or complaint reports in the specified format:
Non-payment until an accurate accounting is submitted;
l) Failure to return carts and containers to approximately original collection location: $50 each
incident, for each affected address;
m) Failure to leave a public education notice when material that is inappropriately prepared is not
collected: $50 each incident;
n) Failure to be prepared to perform services on or after the Commencement Date: $ 3,000 per calendar
day on and after the Commencement Date the services are not being performed by Contractor;
o) Failure to deliver or replace carts for any reason within five (5) business days of written notification:
$50 per incident per affected address:
p) Contractor commingling Recyclable Materials with MSW: $ 1,000 for each incident.
q) Disposal of Recyclable Materials to a site other than a proper recycling facility: $2,000 for each
incident
9.3 Liquidated Damages and Not Penalty. Because Contractor’s failure to perform the specific tasks
described in Section 9.2 and the damages that would be incurred by City being required to assist
Customers in handling and resolving complaints (which Residential Customers are citizens and/or
property owners located in City’s Limits), cannot be reasonably estimated and calculated by the
Parties, and because the precise nature and amount of damages that may be incurred cannot be
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reasonably foreseen by the Parties, City and Contractor agree that the amount assessed in
accordance with Section 9.2 constitute liquidated damages and not a penalty.
X. CITY’S REPRESENTATIONS AND WARRANTIES
10.1 Representations and Warranties. City hereby makes the following representations and warranties to
and for the benefit of, Contractor:
(a) City is a home rule municipality duly organized and validly existing under the Constitution
and laws of the State of Texas, with full legal right, power, and authority to enter into and
perform its obligations under this Contract.
(b) City has duly authorized the execution and delivery of this Contract, and this Contract
constitutes a legal, valid, and binding obligation of City that is enforceable against City
according to its terms.
(c) To the best of City’s knowledge, information, investigation, or belief, no action, suit, or
proceeding, at law or in equity, before or by any court or governmental authority,
commission, Council, agency, or instrumentality is pending against City wherein an
unfavorable decision, ruling or finding, in any single case or in the aggregate, would
materially adversely affect the performance by Contractor of its obligations hereunder or
in connection with the obligations, undertakings, and transactions contemplated hereby, or
which, in any way, would adversely affect the validity or enforceability of this Contract or
any other contract or instrument entered into by City in connection with the obligations,
undertakings, transactions contemplated hereby.
(d) To the best of City’s knowledge, information, investigation, or belief, as of the
Commencement Date, City has the legal right and authority to grant this exclusive franchise
and shall defend, and use reasonable efforts to uphold this Contract, and City’s right to
adopt and/or enforce this exclusive franchise if City’s right to adopt and/or enforce this
exclusive franchise or enter into this Contract is ever challenged, litigated or disputed
during the term of the Contract. City acknowledges that this is an essential term of the
Contract that Contractor is relying upon in entering into the Contract. Contractor’s sole and
exclusive remedy with respect to a determination after the Effective Date that City’s legal
rights and authority as set forth in this paragraph (d) are not accurate shall be as set forth
in Section 17.05, below.
XI. CUSTOMER BILLING AND PAYMENTS TO CONTRACTOR
11.1 Residential Customer Billing; Payment for Service. City shall provide billing for Residential
Customers during the term of this Contract. Billing for Residential Customers shall consist of the
Rate charged by the Contractor, including the ten percent (10%) franchise fee.
Not later than the 5th day of each calendar month during the Term of this Contract, Contractor shall
obtain from City a count of Residential Units billed for collection services in the prior calendar
month.
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Based on the number of Residential Customers reported by City, Contractor shall be paid by the
City at the rate of ninety percent (90%) of the amount collected, excluding penalties, for each
customer served for which billing is made by the City.
11.2 Non-Paying Customers. City shall notify Contractor in writing of any Residential Customer that has
failed to pay City for waste collection services. Upon written direction from City, Contractor shall
cease servicing such delinquent Residential Unit until notified by City to resume service. Contractor
shall have the right to cease servicing any Commercial Unit or Industrial Unit that is delinquent in
payment to Contractor.
11.3 Commercial Customer Billing. Contractor shall be solely responsible for billing and bill collection
services to Commercial Units and Industrial Units, which includes the ten percent (10%) franchise
to the bill. Not later than the tenth (10th) day of each calendar month during the Term of this
Contract, Contractor shall provide to City a report showing the individual billings to Commercial
Units and Industrial Units for collection and other services provided to Commercial and Industrial
Customers within the City during the immediately prior calendar month, including the services
rendered, the rate for such service, and the amount of payments received by Contractor for such
services during the calendar month covered by the report.
11.5 Franchise Fee. Contractor shall pay to City a franchise fee equal to ten percent (10%) of all amounts
paid by Residential customers, and ten (10%) of all amounts paid by Commercial and Industrial
Customers within the City to whom Contractor provides services pursuant to the authority granted
by this Contract (“the Franchise Fee”).
(a) Franchise Fees attributable to the provision of services to Residential Customers shall
be paid to City not later than ten (10) days after City pays Contractor for services
invoiced; and
Contractor shall remain liable for the payment of Franchise Fees after termination of this Contract for any
and all services provided prior to termination of this Contract. City may, at its sole option, deduct from the
amount due and payable to Contractor any Franchise Fee amounts if Contractor fails to pay the Franchise
Fee on or before the 15th day after such payment is due. Franchise Fees shall be due and payable on all
residential services provided by Contractor within the City pursuant to this Contract regardless of
Contractor’s failure to elect to pass through the cost of the Franchise Fee to Customers.
XII. TITLE TO WASTE MATERIAL
Title to Waste Materials and Recyclable Materials shall pass to Contractor when placed in Contractor’s
collection vehicle. Title to and liability for any Unacceptable Waste shall remain with the Customer,
Generator, or depositor of such waste and shall at no time pass to Contractor. City will provide all reasonable
assistance to Contractor to investigate and determine the identity of the depositor or Generator of the
Unacceptable Waste and to collect the costs incurred by Contractor in connection with such Unacceptable
Waste. City is not responsible for costs associated with Unacceptable Waste, except to the extent that such
Unacceptable Waste was placed for collection by City in violation of this Contract.
XIII. CONTRACTOR’S PROPERTY
All containers, trucks, and any other equipment that Contractor furnishes under this Contract shall remain
Contractor’s property.
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XIV. RECORDKEEPING / RIGHT TO INSPECT
Contractor shall maintain all records generated in connection with the performance of its obligations and/or
provision of Services under this Contract for a period of at least four (4) years after submission of the last
Monthly Report. City retains the right to examine, inspect, audit, and copy, regardless of location, all
documents, records, files, data, and information generated or utilized by Contractor in the performance of
its obligations and/or provision of Services under this Contract. In addition to the Monthly Reports and
Annual Reports, City may request periodic reports pursuant to services rendered regarding information not
contained in the Monthly Reports or Annual Reports. Such reports must be provided in a reasonable and
timely manner, but in no case later than fifteen (15) business days following receipt of the written request
unless the request specifies a later deadline. City may withhold making payments due to Contractor pursuant
to this Contract if any report required to be made pursuant to this Contract has not been delivered to City
on or before the fifth (5th) day following the date that such report is required to be delivered to City pursuant
to this Contract and may continue to be withheld until the second business day after such report is delivered.
XV. TERMINATION OF CONTRACT
15.1 Termination by Default. If City notifies Contractor of a failure of Contractor to perform a material
provision of this Contract and Contractor has failed to cure such failure on or before the thirtieth
(30th) day following such notice, or if such failure can be cured, but cannot be reasonably cured
within said thirty (30) days, then by the date such failure should reasonably be cured, but in no case
later than ninety (90) days after delivery of the notice from City, City may terminate this Contract
by delivery of written notice to Contractor. Upon such termination under this section 15.1, in the
event such termination occurs during the Initial Term, City, as its sole and exclusive remedy, may
exercise its rights under Contractor’s performance bond, if applicable, and procure the services of
another waste collection services provider to complete the work covered under this Contract for the
remainder of the time period covered by the Initial Term. Except for such right during the Initial
Term, following any such termination, neither Party shall have any further obligation under this
Contract, but the Parties expressly reserve all claims for damages resulting from said uncured
default and claims for personal injuries or property damage and the right to be indemnified therefor
as expressly provided in this Contract and arising prior to such termination date.
15.2 Termination for Insolvency, Bankruptcy, Assignment to Creditors. City may, without further
notice, terminate this Contract immediately if Contractor (i) petitions for reorganization under the
Bankruptcy Code or is adjudged bankrupt; (ii) becomes insolvent or a receiver is appointed due to
insolvency; (iii) makes a general assignment or sale of its assets or business for the benefit of
creditors if Contractor ceases providing the collection of Waste Materials pursuant to this Contract
and Contractor (if Contractor is a debtor-in-possession) or the trustee of the bankruptcy estate fails
to ratify and continue performance of this Contract within the required period set forth in the
Bankruptcy Code.
15.3 Termination by Mutual Agreement. If City and Contractor mutually agree in writing, this Contract
may be terminated on the terms and date stipulated in the writing.
15.4. Termination for Non-Appropriation of Funds. Contractor acknowledges and understands that City
is prohibited by law from entering into contractual obligations for the expenditure of funds beyond
the current fiscal year. City may, upon written notice to Contractor, terminate this Contract on any
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September 30th occurring during the Term of this Contract if City fails to appropriate funds in City’s
Annual Budget for the immediately following fiscal year commencing October 1st for the purpose
of providing residential solid waste collection services to Residential Customers. This Contract is
not, and shall not be construed, as (a) an obligation payable in any fiscal year beyond the fiscal year
for which funds are lawfully appropriate; or (b) an obligation creating a pledge of, or a lien on,
City’s tax or general revenues resulting in the creation of a debt.
15.6 Right of Contractor to Terminate. If City is temporarily or permanently enjoined by a court of
competent jurisdiction from entering this Contract or otherwise granting to Contractor an exclusive
contract and franchise for the Residential Waste Collection services to be provided herein, or an
amendment to State law makes this Contract unlawful to the extent that the Contract grants an
exclusive contractual right to Contractor to perform Residential Waste Collection services,
Contractor may, upon not less than ten (10) days written notice to City:
(a) to terminate this Contract, in which case Contractor shall refund to City any installment of
the fees paid by City in advance of the provision of services, if any, prorated for the
remaining portion of the month after the date of termination; or
(b) to continue to perform the services pursuant to this Contract, in which case the Parties will
negotiate in good faith an equitable adjustment in the Annual Contract Fee.
If such injunction is applicable to any services provided under this Contract other than Residential
Waste Collection services, Contractor shall have the right to terminate the provision of such other
services pursuant to this Contract but shall not be authorized to terminate the provision of
Residential Waste Collection services or continue providing such services on a non-exclusive basis.
Following any termination pursuant to this Section 17.05, neither Party shall have any further
obligation under this Contract other than for claims for personal injuries or property damage and
the right to be indemnified therefor as expressly provided in this Contract and arising prior to such
termination date.
XVI. DEFENSE OF SUITS
If any action in court is brought against City, or any officer or agent of City, for the failure, omission, or
neglect of Contractor to perform any of the covenants, acts, matters, or things under this Contract; or for
injury or damage caused by the alleged negligence of Contractor or his/her subcontractors or his/her or their
agents, or in connection with any claim based on lawful demands of subcontractors, workmen, material
men, or suppliers Contractor shall indemnify and save harmless City and its officers and agents, from all
losses, damages, costs, expenses, judgments, or decrees arising out of such action.
XVII. OSHA, HEALTH, AND ENVIRONMENTAL LAWS
Contractor shall comply with the federal Occupation Safety and Health Act of 1970, as amended ("OSHA")
and the regulations promulgated under the Act and with standards and regulations issued to implement these
statutes from time to time. Contractor is also responsible for meeting all pertinent local, state, and federal
health and environmental laws, regulations, and standards.
XVIII. INSURANCE
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18.1 Insurance Types and Limits. During the Term of this Contract, Contractor shall maintain in full force
and effect insurance coverage with the minimum limits as follows:
(a) Commercial General Liability insurance for bodily injury, death, and property damage insuring
against all claims, demands or actions relating to Contractor’s performance of services pursuant to
this Contract, with a minimum combined single limit of not less than $1,000,000 per occurrence
and not less than $2,000,000 aggregate, for injury to persons (including death), and for property
damage via blanket form endorsement;
(b) Automobile liability insurance with not less than $1,000,000 combined single limit, covering any
vehicles owned and/or operated by Contractor, its officers, agents, and employees, and used in the
performance of this Contract via blanket form endorsement; and
(c) Statutory Worker’s Compensation Insurance or equivalent or other State-approved program
covering all of Contractor’s employees involved in the provision of services under this Contract
All insurance companies providing the required insurance shall either be authorized to transact business in
Texas and rated at least “A” by AM Best or other equivalent rating service or approved by the City Manager.
Provided Contractor maintains at least the types of coverage and minimum coverage limits described above,
Contractor shall secure and maintain throughout the Term of this Contract insurance of such types and in
such amounts as may be necessary to protect itself and the interest of City against all hazards or risks of
loss as hereinafter specified. 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 Contractor
of any contractual responsibility or obligation.
18.2 Required Endorsements. All insurance and certificate(s) of insurance shall be endorsed to contain
the following:
(a) Name City, its officers, agents, and employees as additional insureds as to all applicable
coverage with the exception of Workers Compensation Insurance;
(b) Provide for a waiver of subrogation against City for injuries, including death, property
damage, or any other loss to the extent the same is covered by the proceeds of insurance;
and
(c) No insurance policy shall not be canceled, non-renewed, or coverage thereunder reduced
unless City has received notice of cancellation, non-renewal, or reduction in coverage, in
each such case (except for notice of cancellation due to non-payment of premiums) such
notice to be sent to City not later than thirty (30) calendar days (or the maximum period of
calendar days permitted under applicable law, if less than thirty (30) calendar days) prior
to the effective date of such cancellation, non-renewal, or reduction in coverage, as
applicable. If any insurance policy required to be carried by or on behalf of Contractor
pursuant to this Contract is to be canceled due to non-payment of premiums, the
requirements of the preceding sentence shall apply except that the notice shall be sent to
City on the earliest possible date but in no event less than ten (10) calendar days prior to
the effective date of such cancellation.
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A certificate of insurance evidencing the required insurance shall be submitted to City prior to the
Commencement Date and not later than thirty (30) days prior to the commencement of each Extension
Term.
XIX. PERFORMANCE BOND
Contractor shall deliver to City a performance bond in the amount equal to one hundred percent (100%) of the
annual value of the Contract, executed by a good and sufficient corporate surety eligible to conduct business
in Texas, and conditioned that Contractor shall well, truly, and faithfully perform its obligations under this
Contract and shall satisfy all claims and demands of any kind incurred under the Contract, including, but
not limited to, the payment of all amounts owed by Contractor to City or landfills, and Contractor shall fully
indemnify and save harmless City from all costs and damage which City may suffer by Contractor’s failure
to pay such amounts owed and shall reimburse and repay City all outlay and expense which City may incur
in making good any such payment default, then the obligation shall be void; otherwise, to remain in full
force and effect. Said performance bond will be renewed annually for the term of the Contract. The
performance bond shall be in a form reasonably acceptable to City. Contractor shall pay any and all
premiums for the bond. A certificate from the surety showing that the bond premiums are paid in full shall
be submitted to City on an annual basis for the Term of the Contract.
XX. INDEMNITY
CONTRACTOR AGREES TO AND SHALL INDEMNIFY, DEFEND, AND HOLD CITY AND
CITY’S ELECTED AND APPOINTED OFFICERS, EMPLOYEES, AND
AGENTS(COLLECTIVELY, THE “CITY INDEMNITEES”), FREE AND HARMLESS FROM
AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, LOSSES, DAMAGES,
COSTS OR EXPENSE OF ALL TYPES TO ANY PERSON OR ENTITY (INCLUDING, BUT NOT
LIMITED TO, ALL CLAIMS FOR MONETARY DAMAGES, CLAIMS AT LAW, CLAIMS IN
EQUITY, AND REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, RESULTING FROM,
OR OCCURRING IN CONNECTION WITH CONTRACTOR’S PERFORMANCE OF THE
SERVICES UNDER THIS CONTRACT WHICH ARE CAUSED IN WHOLE OR IN PART BY ANY
NEGLIGENT, STRICT LIABILITY OR OTHER ACT OR OMISSION OF CONTRACTOR, ANY
SUBCONTRACTOR OR SUPPLIER OF CONTRACTOR, THEIR RESPECTIVE AGENTS OR
EMPLOYEES OR ANY OTHER PARTY FOR WHOM ANY OF THEM MAY BE LIABLE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS CONTRACT, TO THE
EXTENT THAT ANY EMPLOYEE OR CONTRACTOR ASSERTS A CLAIM AGAINST ONE OR
MORE OF THE CITY INDEMNITEES THAT WOULD HAVE BEEN BARRED UNDER
WORKERS' COMPENSATION INSURANCE, CONTRACTOR SHALL BE SOLELY
RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY AND HOLD THE CITY
INDEMNITEE(S) FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, DEMANDS, LOSSES, DAMAGES, COSTS OR EXPENSE FOR ANY SUCH
CLAIMS NOTWITHSTANDING THE FACT THAT CONTRACTOR IS A NON-SUBSCRIBER TO
WORKERS' COMPENSATION INSURANCE IN THE STATE OF TEXAS. THE INDEMNITY
AND HOLD HARMLESS PROVISIONS OF THIS CONTRACT SHALL ALSO APPLY TO
CLAIMS ARISING FROM ACCIDENTS TO CONTRACTOR, ITS AGENTS, OR EMPLOYEES,
WHETHER OCCASIONED BY CONTRACTOR OR ITS EMPLOYEES. IN THE EVENT OF
JOINT OR CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND ONE OR MORE OF
THE CITY INDEMNITEES, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
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COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,
WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO
CONTRACTOR OR CITY UNDER TEXAS LAW, IT BEING THE INTENT THAT CITY SHALL
BE RESPONSIBLE FOR THE NEGLIGENCE APPORTIONED TO THE CITY INDEMNITEE(S)
AND CONTRACTOR SHALL HAVE NO INDEMNIFICATION OBLIGATIONS UNDER THIS
CONTRACT TO THE EXTENT OF THE CITY INDEMNITEE’S NEGLIGENCE.
CONTRACTOR’S INDEMNIFICATION OBLIGATION PURSUANT TO THIS ARTICLE XVII
SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE
OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER THE WORKERS’ OR
WORKMEN’S COMPENSATION ACTS, DISABILITY ACTS OR OTHER EMPLOYEE
BENEFIT ACTS OR TO THE LIMITS OF ANY INSURANCE COVERAGE.
XXI. MISCELLANEOUS
21.1 Entire Agreement; Priority of Documents. This Contract, along with the Contract Documents,
constitutes the sole and only agreement between the Parties and supersedes any prior
understandings and/or written or oral agreements between the Parties with respect to this subject
matter of this Contract. Any irreconcilable conflict between or among any of the Contract
Documents shall be resolved in the following order of priority from first to last unless the provision
in the lower priority Contract Document indicates otherwise by use of the phrase “notwithstanding
anything in the Contract Documents to the contrary” or similar phrase: (i) this Contract, including
any subsequent amendments to this Contract, (ii) the RFP; and (iii) Contractor’s Response to the
RFP.
21.2 Assignment. Contractor may not assign this Contract without City’s prior written consent. In the event
of an assignment by Contractor to which City has consented, the assignee shall agree in writing
with City to personally assume, perform, and be bound by all the covenants, and obligations
contained in this Contract. Notwithstanding the foregoing, Contractor may assign this Contract
upon written notice, but without the City’s consent, to a parent company or any of Contractor’s
subsidiaries or to any person or entity who purchases any operations from Contractor, but only so
long as such person or entity agrees to assume all of Contractor’s obligations and liabilities
regarding the performance of this Contract. In addition, Contractor may make a collateral
assignment of this Contract to any lender as security for a loan made by a lender to Contractor
without the consent of City.
21.3 Successors and Assigns. Subject to the provisions regarding assignment, this Contract shall be binding
on and inure to the benefit of the Parties to it and their respective successors and assigns.
21.4 Governing Law. The laws of the State of Texas shall govern this Contract; and the venue for any
action concerning this Contract shall be in the state district courts of Guadalupe County, Texas.
The Parties agree to submit to the personal jurisdiction of said Court.
21.5 Amendments. This Contract may be amended only by the written agreement of the Parties.
21.6 Severability. If any one or more of the provisions contained in this Contract, inclusive of the Contract
Documents, shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions, and this Contract shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
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21.7 Independent Contractor. All services to be performed by Contractor pursuant to this Contract shall
be in the capacity of an independent contractor, and not as an agent or employee of City. Contractor
shall supervise the performance of its services and shall be entitled to control the manner and means
by which its services are to be performed, subject to the terms of this Contract.
21.8 Notice. Any notice required or permitted to be delivered hereunder may be sent by first-class mail or
overnight courier to the address specified below, or to such other address as either Party may
designate in writing, and shall be deemed received three (3) days after being placed in the U.S.
mail, first-class postage prepaid or on the date of confirmed delivery by overnight courier as
evidenced on the receipt therefor: If intended
for City:
City of Schertz Attn: City
Manager
1400 Schertz Parkway
Schertz, TX 78154
If intended for Contractor:
Frontier Waste Solutions
Attn: President & CEO
2323 Bryan St, Suite 2620
Dallas, TX 78501
21.9 Counterparts. This Contract may be executed by the Parties in separate counterparts, each of which
when so executed and delivered shall be an original, but all such counterparts shall together
constitute one and the same instrument. Each counterpart may consist of any number of copies
hereof each signed by less than all, but together signed by all of the Parties.
21.10 Compliance with Federal, State & Local Laws. The Parties shall comply in the performance of
Services under the terms of this Contract with all applicable laws, ordinances and regulations,
judicial decrees or administrative orders, ordinances, and codes of federal, state, and local
governments, including all applicable federal clauses.
21.11 Force Majeure. No Party will be liable for any default or delay in the performance of its obligations
under this Contract, including any obligation of Contractor to pay liquidated damages pursuant to
Sections 9.01 and 9.02, if and to the extent such default or delay is caused, directly or indirectly,
by a Disaster Event, riots, civil disorders, acts of terrorism, compliance with laws or governmental
orders, inability to access a container, fires, inclement weather, acts of God, epidemic or pandemic,
or any similar cause beyond the reasonable control of such Party, provided the non-performing
Party is without fault in causing such default or delay. The non-performing Party agrees to provide
written notice of the Force Majeure delay to the other Party as soon as possible but in no event
later than 24 hours after the earlier of the Party’s first knowledge of or the first occurrence of the
Force Majeure and further agrees to use commercially reasonable efforts to recommence
performance as soon as possible.
21.12. Proposal Representations. Contractor expressly acknowledges that City has entered this Contract
in express reliance on the truth of the statements and representations set forth in the Proposal
(response to RFP) submitted to City by Contractor and agrees that the representations made by
Contractor in the Proposal are true and correct as of the Effective Date.
21.13 Confidentiality Regarding Waste Material. Contractor has no confidentiality obligation with
respect to any Waste Materials or Recyclable Materials collected pursuant to this Contract.
21.14 No Waiver for Delay. The failure or delay on the part of either Party to exercise any right, power,
privilege, or remedy under this Contract shall not constitute a waiver thereof. No modification or
waiver by either Party of any provision shall be deemed to have been made unless made in writing.
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Any waiver by a Party for one or more similar events shall not be construed to apply to any other
events whether similar or not.
21.15 Effective Date. The effective date of this Contract is the date upon which it is signed by the
authorized representatives of both Parties (the “Effective Date”).
21.16 Non-discrimination. In the provision of services hereunder or the performance of this Contract,
Contractor shall not discriminate against any person because of race, sex, age, creed, color,
religion, or national origin.
21.17 Compliance with Federal Immigration Laws. Contractor agrees at all times to comply with
Federal Immigration laws with respect to employment and to make available during Contractor’s
regular business hours on request of City, employee documentation verifying an employee’s status
to be employed by an employer in the United States. Contractor agrees to verify current and future
employee’s status by utilizing the E-Verify internet-based system as operated by the United States
Department of Homeland Security, or I-9 verification.
21.18 Statutory Verifications. Contractor verifies that:
(a) To the extent this Contract constitutes a contract for goods or services within the meaning
of Section 2271.002 of the Texas Government Code, as amended, solely for purposes of
compliance with Chapter 2270 of the Texas Government Code, and subject to applicable
Federal law, the Consultant represents that neither the Consultant nor any wholly owned
subsidiary, majority-owned subsidiary, parent company or affiliate of Consultant (i)
boycotts Israel or (ii) will boycott Israel through the term of this Agreement. The terms
“boycotts Israel” and “boycott Israel” as used in this paragraph have the meanings assigned
to the term “boycott Israel” in Section 808.001 of the Texas Government Code, as
amended.
(b) To the extent the Contract constitutes a governmental contract within the meaning of
Section 2252.151 of the Texas Governmental Code, as amended, solely for the purposes
of compliance with Chapter 2252 of the Texas Governmental Code, and except to the
extent otherwise required by applicable federal law, Consultant represents that the
Consultant nor any wholly owned subsidiary, majority-owned subsidiary, parent company
or affiliate of Consultant is a company listed by the Texas Comptroller Public Accounts
under Sections 2270.0201, or 2252.153 of the Texas Government Code.
(c) The Consultant hereby verifies that it and its parent’s company, wholly or majority-owned
subsidiaries, and other affiliates, if any, do not boycott energy companies and will not
boycott energy companies during the term of the Agreement. The foregoing verification is
made solely to comply with Section 2274.002, Texas Government Code, and to the extent
such section is consistent with a governmental entity’s constitutional or statutory duties
related to the issuance, incurrence, or management of debt obligations or the deposit,
custody, management, borrowing or investment of funds. As used in the foregoing
verification, “boycott energy company” means, without an ordinary business purpose,
refusing to deal with, terminating business activities with, or otherwise taking any action
that is intended to penalize, inflict economic harm, or limit commercial relations with a
company because the company: (A) engages in the exploration, production, utilization,
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transportation, sale, or manufacturing of fossil-based energy and does not commit or
pledge to meet environmental standards beyond federal and state law: or (B) does business
with a company described as by the preceding statement in (A).
(d) The Consultant hereby verifies that it and its parent company, wholly- or majority-owned
subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association and will
not have a practice, policy, guidance, or directive that discriminates against a firearm entity
or firearm trade association during the term of this Agreement. The foregoing verification
is made solely to comply with Section 2274.002, Texas Government Code. As used in the
foregoing verification, “discriminate against a firearm entity or firearm trade association”
means: (i) refuse to engage in the trade of any goods or services with the entity or
association based solely on its status as a firearm entity or firearm trade association; (ii)
refrain from continuing an existing business relationship with the entity or association
based solely on its status as a firearm entity or firearm trade association; or (iii) terminate
an existing business relationship with the entity or association based solely on its status as
a firearm entity or firearm trade association; but does not include (a) the established
policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling
of ammunition, firearms, or firearm accessories; or (b) a company's refusal to engage in
the trade of any goods or services, decision to refrain from continuing an existing business
relationship, or decision to terminate an existing business relationship to comply with
federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or
for any traditional business reason that is specific to the customer or potential customer
and not based solely on an entity's or association's status as a firearm entity or firearm trade
association.
21.19 Form 1295. In compliance with the State of Texas Government Code, Section 2252.908, if
applicable, the City requires that Contractor must complete the online Form 1295 – “Certificate of
Interested Parties” – and must provide a signed and notarized printed copy of the form and a
separate certification of filing. The form can be found at www.ethics.state.tx.us. Form 1295 is also
required for any and all contract amendments, extensions, or renewals. Prior to execution of this
Contract and any payment to Contractor hereunder, Contractor shall provide proof of submission
to the City Secretary that the appropriate Form 1295 documentation has been submitted.
Signatures on Following Page
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SIGNED AND AGREED on _______________________________________, 2025.
CITY OF SCHERTZ, TEXAS
By: ___________________________________
Steve Williams, City Manager
ATTEST:
______________________________, City Secretary APPROVED
AS TO FORM AND LEGALITY:
______________________________
, City Attorney
SIGNED AND AGREED on _______________________________________, 2025.
FRONTIER WASTE SOLUTIONS
By: ________________________________________
Name: ______________________________________
Title: _______________________________________
City of Schertz
Schedule of Fees
28
Garbage Collection Fees 2024-25
Residential
Once a week pick up Garbage
Every other week pick up Recycling
Every other week pick up bulk items and brush
Hazardous Waste pick up on request
$ 19.20
Extra Garbage Carts, each $ 9.25
Extra Recycling Carts, each
Unusual Accumulation Waste Collection
$ 5.00
Rate per hour $
100.00
Deposital fee per yard collected
Commercial
Small Commercial
$ 50.00
Once a week pick up $ 45.00
Twice per week pick up $ 90.00
City of Schertz
Schedule of Fees
29
Garbage Collection Fees 2024-25
Commercial Containers
CONTRACTOR will provide commercial containers
to those customers who desire to use them in lieu
of garbage cans. The use of such CONTRACTOR
provided containers is required by this contract.
Rates for containers and pickup will be based on
the following table:
On Call
Frequency of Pickup 1 2 3 4 5 6 Additional
Container Size:
2 cu. Yard $ 85.16 $ 145.01 $ 175.17 $ 200.25 $ 225.27 250.29 $ 7 5.00
3 cu. Yard $ 102.64 $ 185.16 $ 255.31 $ 292.77 $ 330.38 $ 367.89 $
75.00
4 cu. Yard $ 127.58 $ 220.30 $ 330.32 $ 362.88 $ 425.51 $ 488.07 $
75.00
6 cu. Yard $ 180.27 $ 300.32 $ 412.99 $ 525.66 $ 638.16 $ 750.83 $ 75.00
8 cu. Yard $ 212.77 $ 387.94 $ 538.05 $ 688.26 $ 839.50 $ 988.63 $ 75.00
10 cu. Yard $ 232.77 $ 397.94 $ 548.05 $ 698.26 $ 839.50 998.63 $ 7 5.00
2 cu. Yard Recycle $ 79.25 $ 134.94 $ 163.00 $ 186.34 $ 209.63 232.9 $ 7 5.00
4 cu. Yard Recycle $ 95.51 $ 172.30 $ 237.58 $ 272.44 $ 307.43 342.34 $ 7 5.00
6 cu. Yard Recycle $ 167.74 $ 279.46 $ 384.30 $ 489.14 $ 593.84 698.68 $ 7 5.00
8 cu. Yard Recycle $ 197.99 $ 360.99 $ 500.67 $ 640.45 $ 781.19 919.96 $
7 5.00 Roll-Off available in 20, 30, and 40 cubic yards
Delivery $ 150.00
Haul Rate $ 390.00
Disposal, per ton $ 59.94
Temporary, rate per day (not charged on permant placement)
On Call
$ 3.00
Compactors
Frequency of Pickup 1
Container Size
2 3 4 5 6 Additional
2 cu. Yard compactor $ 255.48 $ 435.03 $ 525.51 $ 600.75 $ 675.81 $ 750.87 $ 300.00
4 cu. Yard compactor $ 382.74 $ 660.90 $ 900.96 $ 1,088.64 $ 1,276.53 $ 1,464.21 $ 300.00
6 cu. Yard compactor $ 540.81 $ 900.96 $ 1,238.97 $ 1,576.98 $ 1,914.48 $ 2,252.49 $ 300.00
City of Schertz
Schedule of Fees
30
Garbage Collection Fees 2024-25
Compactor Rental, per month $ 500.00
Casters, per month $ 7.50
Locks,per collection $ 2.50
Enclosures, per month
Roll Off Compactor
20 yard and 30 yard self contained
$ 5.00
Rental, per month $ 750.00
Haul Rate $ 470.00
Disposal, per ton
40 Yard Receiving Container
$ 59.94
Rental $ 250.00
Haul Rate $ 470.00
Disposal, per ton
Disaster management Rates
$ 59.94
Roll Off Truck and Container, per hour $ 200.00
Grapple Truck, per hour $ 200.00
Rear Load Truck and Crew, per hour $ 325.00
Disposal, per ton $ 59.94
Commercial Recycle Hauling Permit $ 25.00
To address non standard requests, the solid waste contractor can negotiate a fee with the
customer requesting the service.
The City franchise fee collected from the Solid Waste Provider
10%
EXHIBIT B
City Facilities At No Charge
Contractor shall provide the containers and weekly collection of the Waste Materials from the following
municipal facilities at no charge to the City.
Name Address Quantity and Size Container Frequency
Public Works 10 Commercial Place 1ea. 6 – Yard 1 weekly
Public Works (Windy
Meadows dump yard)
124 Windy Meadows Dr. 2ea. 30 Yard Roll of Dumpsters 2 weekly
Fire Station Building #8 1400 Schertz Pkwy 1ea. 8 Yard 1 Weekly
Fire Station #2 18953 IH 35 N. Frontage Rd. 1ea. – 8 Yard 1 Weekly
Fire Station #3 11871 Lower Seguin Rd. 1ea. – 8 Yard 1 Weekly
Library 798 Schertz Pkwy 1ea. – 8 Yard 2 Weekly
City Hall Civic Center 1400 Schertz Pkwy 1ea - 6 Yard / 2ea. 8 Yard 3 Weekly
Pickrell Park Pavilion 701 Oak St. 1ea. – 8 Yard 2 Weekly
Pickrell Park Pool Area 701 Oak St. 1ea. – 6 Yard 2 Weekly
Pickrell Park BVYA Area 401 Oak St. 1ea. – 6 Yard 2 Weekly
Pickrell Park 701 Oak 30 rolling cans collected weekly
by the residential truck
Ball Fields / Pickrell Park 917 FM 1518 1ea. – 6 Yard 1 Weekly
Animal Control Facility 735 Community Circle Dr. 1ea. – 8 Yard 2 Weekly
Fleet Shop 27 Commercial Place 1ea. – 6 Yard 2 Weekly
Schertz Soccer Complex 233 Maske Rd. 1ea. – 6 Yard/
23ea. 96 Gallon Rolling Carts/
1ea. 30 Yard Roll off Dumpster
1 Weekly
2 Weekly
As needed
Senior Center/ Aquatic
Center/ YMCA
507 Schertz Pkwy 1ea. 6 Yard 3 Weekly
North Center 4935 Morning Dr. 5ea. 96 Gallon Rolling Carts 1 Weekly
Gutierrez Garden Park 1231 Borgfield Road 1 rolling cans 2 Weekly
Ware SeguinWater Plant 11340 Ware Seguin Road 1 ea. – 30 yard 1 Weekly
Northcliffe Lift Station 22330 IH 35 N 1 ea. – 30 yard 1 Weekly
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