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R-91-1598 - 4/11/1991ATTEST: RSO4111E LAND, City Secretary RESOLUTION NO. 15 /gle__, WHEREAS, the City of Round Rock desires to have curbside recycling, and WHEREAS, Disabled Recyclers of Texas, Inc. has submitted an agreement to provide said service, and WHEREAS, the City Council wishes to enter into said agreement with Disabled Recyclers of Texas, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Disabled Recyclers of Texas, Inc. for curbside recycling, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this llth day of April, 1991. MIKE ROBINSON, Mayor City of Round Rock, Texas This Residential Curbside Recycling Agreement ( "Agreement ") is entered into this llth day of April, 1991, by and between the City of Round Rock, Texas ( "City ") and Disabled Recyclers of Texas, Inc., ( "Contractor "). I. Scope of Work The Contractor shall collect commingled recyclables weekly from subscribers in single - family homes and duplexes which receive individual garbage collection service in the City. II. Materials Collected, Sorted, and Marketed A. The Contractor shall furnish all labor, supervision, material, permits, licenses, and equipment necessary to provide collection of the following recyclable materials from occupants of homes subscribing to the service: 1. Aluminum beverage cans 2. Steel cans (commonly known as tin cans) 3. Glass - clear, brown, and green 4. Newsprint 5. Corrugated cardboard 6. PET plastics (e.g. soda bottles), HDPE plastics (e.g. milk jugs), and LDPE plastics (e.g. bags) 7. Materials may be added or deleted to the contract by mutual consent of the City and Contractor B. The Contractor shall furnish all labor, supervision, and equipment necessary to provide curbside sorting of the above recyclable materials. III. Residential Service Frequency and Days of Service A. The Contractor shall provide collection service weekly. Collection shall occur .between the hours of 7:00 A.M. and 8:00 P.M. The regular collection day shall be established by the Contractor, based on level of participation, and to coordinate with regular garbage pickup. TCRCRAGREE RESIDENTIAL CURBSIDE RECYCLING AGREEMENT C. The Contractor is responsible for transporting the recyclable materials to an appropriate market. All proceeds received from the marketing of the recyclable materials shall be paid to Round Rock Recyclers in consideration for the recycling services they perform at the City's drop -off recycling center. B. Collection shall not be required to collect recyclable materials on the following holidays: 1. New Year's Day 2. Memorial Day 3. July 4th 4. Thanksgiving 5. Christmas C. All collections shall be made as quietly as possible and conform to any Federal, State, County, or City noise level regulations. D. New subscribers may be added at any time. IV. Point of Collection Collection is to be made from wherever the household typically receives regular garbage pickup, unless physically impossible. The City reserves the right to determine the location of recycling containers. V. Storage Container The subscriber shall place all recyclable materials in one or more thirteen (13) gallon recyclable blue- tinted plastic bags. The subscriber may, at his option, place the recyclable plastic bags in a reusable container. The subscriber may provide his own container, or Contractor will provide one at a reasonable charge. VI. Reporting Requirements The Contractor shall provide the City with monthly reports within five days from the end of the period being reported. These reports will include: A. Summaries of tonnages of all materials recovered, by material. B. Resident participation rates in terms of weekly and monthly set -out counts with a description of the methods used to determine these rates. C. Other information will be provided by mutual consent of both parties. VII. Complaints Complaints regarding service are to be logged and cleared within 24 hours. The complaint log shall be available to the City for inspection at any time. 2. VIII. Employees A. All field employees of the Contractor shall wear clean and appropriate attire. B. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Class B vehicle operator's license from the State of Texas. c. The contractor's employees, officers, and agents shall at no time be allowed to identify themselves or in any way represent themselves as being employees or agents of the City. D. The Contractor shall prohibit drinking of alcoholic beverages by employees while on duty or in the course of performing duties under this contract. E. The Contractor shall maintain a local office and an authorized managing agent within the City. The Contractor shall furnish to the City the name of the managing agent prior to commencing operations and will notify the City if the managing agent is changed. The managing agent shall serve as the point of contact for communication between the City and the Contractor. On collection days, the Contractor's local office shall be open during normal business hours, or until the day's collection is complete, whichever is later. IX. Collection Vehicles A. The Contractor shall provide and maintain a fleet of approved collection vehicles sufficient in number and capacity to efficiently perform the work and render the services required by the contract. The Contractor shall provide evidence of the ability to perform under breakdown and lay -off conditions. B. Each collection vehicle shall be kept in clean condition at all times. The City reserves the right to inspect the Contractor's collection vehicles at any time. If the City inspector determines the vehicles to be offensive or unsafe, the Contractor shall clean and deodorize the equipment at his own expense. C. Each collection vehicle shall be equipped with a shovel and a broom, or rake, to be used for the collection of spilled materials. D. The Contractor's vehicles shall be clearly identified with the name, address, and phone number of the company's local office on each of its passenger doors. 3. E. The Contractor shall furnish the City with a list identifying all equipment to be used in fulfilling the contract. X. Term of Service The term of service is one year, provided, however, that if after six (6) months, there are less than one thousand five hundred (1,500) subscribers, this Agreement may be terminated by either party, and subscriber shall be entitled to a prorata refund of their service charge. XI. Remuneration A. The Contractor shall charge Twenty -Four and No /100 Dollars ($24.00) a year for service per subscriber. B. The Contractor is responsible for all billing and collection of charges from subscribers. XII. Insurance A. The Contractor, at its sole cost and expense, shall keep continually in force during the term of service insurance in the coverages and limits listed below: COVERAGES: Workmen's Compensation Employer's Liability Bodily Injury Liability Except Automobile Property Damage Liability Except Automobile Automobile Property Damage Liability Automobile Bodily Injury Liability B. All insurance obtained by the Contractor shall also insure the City, its officers, agents, and employees. All policies shall contain provisions naming the City as an additional named insured and require that thirty (30) days' notice be given prior to the cancellation, modification, or reduction of the limits of the policy by the insured. XIII. Marketing and Promotion The Contractor is responsible for publicizing and promoting the service and enrolling subscribers. 4. LIMITS OF LIABILITY: Statutory $500,000 $500,000 each occurrence $1,000,000 aggregate $500,000 each occurrence $500,000 aggregate $500,000 each occurrence $500,000 each person $1,000,000 each occurrence XIV. Miscellaneous Provisions A. Independent Contractor It is expressly understood and agreed by and between the parties that the Contractor is hired and engaged as an independent contractor and is not an officer, agent or employee of the City. B. Indemnity Contractor shall indemnify and save harmless City and its agents and employees from all suits, actions, or claims of any character, type, or description brought or made for or on account of any injuries or damages received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of Contractor or its agents or employees, in the execution or performance of this contract. C. Force Majeure In the event that the performance by Contractor of any of his obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not party or privy hereto, then he shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. D. Attorney's Fees If any legal action is brought by either of the parties hereto, it is expressly agreed that the party in whose favor final judgment shall be entered shall be entitled to recover from the other party reasonable attorney's fees in , addition to any other relief which may be awarded. ' E. - Cumulative Remedy Clause The rights and remedies granted in this agreement to City in the event of default are cumulative, and the exercise of such rights shall be without prejudice to the enforcement of any other right or remedy authorized by law or this Agreement. 5. F. Venue Provision The obligations and undertakings of each of the parties to this Agreement shall be performable in Williamson County, Texas. G. Entire Agreement Clause This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. H. Partial Invalidity If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. I. Notice Any notice to be given hereunder by either party to the other shall be in writing and may be effected by personal delivery in writing or registered or certified mail, return receipt requested. Notice to City shall be sufficient if made or addressed to City of Round Rock, 221 E. Main Street, Round Rock, Texas 78664, Attention: City Manager, and to Contractor at 314 Highland Mall Blvd., Suite 258, Austin, Texas 78752. Each party may change the address for notice to him by giving notice of such change in accordance with the provisions of this paragraph. 6 . CONTRACTOR: DISABLED RECYCLERS OF TEXAS, INC. By: , its ATTEST: Joanne Land, City Secretary 7. CITY: CITY OF ROUND ROCK, TEXAS By: Mike Robi son, Mayor DATE: April 9, 1991 SUBJECT: City Council Meeting, April 11, 1991. ITEM: 9E. Consider a resolution authorizing the Mayor to enter into an agreement for curbside recycling. STAFF RESOURCE PERSON: Jim'Nuse STAFF RECOMMENDATION: Enclosed is a copy of a curbside recycling program. The program is not mandatory and the customer doesn't have to source segregate. Staff will make a presentation at the council meeting regarding this agreement.