08 - Waste Connection Landfill Service AgreementNo. 8
TO: Mayor, Mayor Pro Tem & City Council
FROM: Grayson Path, City Manager
SUBJECT: WASTE CONNECTION LANDFILL SERVICE AGREEMENT
DATE: September 12, 2022
BACKGROUND:
At the September 13, 2021 City Council meeting, a report was provided to the City Council
regarding the status of the City's landfill agreement with Sanitation Solutions, now doing business
as Waste Connections. The agreement had expired earlier that year and staff underwent a process
of determining next steps to securing an agreement for use of a landfill for our sanitation
department. The City Council at that time agreed and authorized the City Manager to pursue a
new agreement with Waste Connections for continued use of the landfill located at Blossom, TX.
The City Manager reached out to Waste Connection to finalize an agreement. There was limited
communication from Waste Connection during that time period, but a draft from the City had been
presented to them and therefore the matter was left in their court. All the while, Waste Connection
was honoring the pricing agreed to at that point.
STATUS OF ISSUE:
This summer, the City once again reached out to Waste Connection to see if they had finalized
their thoughts on our agreement. They informed us they had not realized this matter had not been
settled. They have subsequently signed our agreement as originally drafted. They dated this June
28, 2022, but when it arrived to the City Manager, he was unable to review it until August 2022
due to other obligations and duties at the time. That review has been done and the next available
council meeting was tonight.
If approved, the term of the agreement will be ten years from October 11, 2021. The rates have
been negotiated and are included which honored the original agreement's renewal caps.
Otherwise, the agreement nearly mirrors that of our previous agreement, with appropriate updates
made as needed. There are no concerns with the agreement as presented tonight.
BUDGET:
Section 6 of the agreement identifies the costs for service. Prices had indeed gone up from 2021,
but they were within the range allowed upon renewal of the previous agreement and still
represented a better cost vs. landfills further away from Paris.
OPTIONS:
1. Approve the Landfill Services Agreement with Waste Connections Lone Star, Inc. and
authorize the Mayor to sign.
2. Request additional information and/or reject the agreement. For additional information,
please consider reviewing the September 13, 2021 agenda memo as it went in to depth on
this topic.
RECOMMENDATION:
1. Approve the Landfill Services Agreement with Waste Connections Lone Star, Inc. and
authorize the Mayor to sign.
LANDFILL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LAMAR §
This LANDFILL SERVICES AGREEMENT is entered into by and between the City of
Paris, Texas, a home -rule municipal corporation ("City''), and Waste Connections Lone Star, Inc.,
at 4001 Old Denton Road, Haltom City, Texas 761 17 ("Contractor'), with an effective date as
provided below.
WITNESSETH:
WHEREAS, on February 14, 2011, the City Council voted to award a 10 -year landfill
services agreement to 'Sanitation Solutions, Inc., now Waste Connections Lone Star, Inc., for
landfill disposal services at the company's landfill in Blossom, Texas; and,
WHEREAS, on September 13, 2021, upon completion of the initial 10 -year landfill
services agreement with Sanitation Solutions, the City Council has determined that there are
immediate savings to be had by entering into a renewal agreement with Waste Connections Lone
Star for another 10 -year period.with an option to renew; and,
WHEREAS, on October 11, 2021, the City Council voted to award a 10 -year landfill
services renewal agreement to Waste Connections Lone Star.
NOW, THEREFORE, for and in consideration of the mutual agreements and covenants
stated herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged and confessed, the parties hereto agree to enter into this. landfill services
agreement as follows:
1. Definitions.
(a) Acte table ., Waste. Acceptable Waste means any and all solid waste,
including municipal solid waste, except Unacceptable Waste.
(b) Bully Waste. Bulky Waste shall include items such as stoves, refrigerators
or freezers (which have CFC's removed by a certified technician), water
tanks, washing machines, other appliances, furniture, carpet, rugs, brush or
tree trimmings, bundled or unbundled in excess of three (3) cubic feet in
volume or fifty (50) pounds in weight, and other waste material. Bulky
Waste does not include construction debris, bagged solid waste, hazardous
waste, or other items which are unauthorized to be disposed of in a Type I
landfill in Texas. The weight of any bulky item shall not exceed that which
can easily be loaded by two (2) workers.
(c) Contractor. Waste Connections Lone Star.
Landfill Services Agreement - Page 1 of 14
(d) Hazard,ons Waste. Hazardous Waste means hazardous waste and toxic or
radioactive substances (even though they may be part of a delivered load of
waste); as such terms are defined by applicable federal or state laws or
regulations.
(e) SpecialWaste. Special Waste means all treated/de-characterized (formerly
hazardous) wastes; polychlorinated biphenyl (PCB) wastes; industrial process
wastes; asbestos containing material; chemical containing equipment;
incinerator ash; medical wastes; off -spec chemicals; sludges; spill -cleanup
wastes; underground storage tank (UST) soils; waste from service industries;
and all such other wastes described on Exhibit A attached hereto and
incorporated herein by this reference for all purposes.
(f) Residential Waste. Residential Waste shall mean that waste material
collected by the City, or the City's contractor from residential service
accounts in the City of Paris, Texas.
(g) TCEU. Shall mean the Texas Commission on Environmental Quality, or
any predecessor, successor or other substituted agency, department or
commission of the -State which has regulatory authority over solid waste
disposal permitting and enforcement.
(h) Unacce )table Waste. Unacceptable Waste means any and all waste that is
either:
(i) Waste which is or may be prohibited from disposal at the Landfill by
federal or state law, regulation, rule, code, ordinance, order, permit or
permit condition;
(ii) Hazardous Waste;
(iii) Special Waste without an approved Special Waste agreement as
described in Section 15 of this Agreement; or
(iv) Special Waste which does not conform to the analysis or characteristics
described in a Special Waste agreement.
Waste (') -- Material. Waste Material means residential Acceptable Waste and
i e
construction and demolition material which, in compliance with
governmental licenses and permits in effect, may be received for disposal at
the Landfill.
2. Duties.
(a) Contractor agrees to maintain and operate a Type I Landfill permitted at its
present location southeast of Blossom, Texas. Said Landfill to be properly
Landfill Services Agreement - Page 2 of 14
permitted by the State of Texas and in compliance with all applicable State
and Federal laws and regulations.
(b) City agrees to deliver all residential waste collected by the City or by the
City's authorized contractor to the Landfill during the term of this Agreement
and to pay the Landfill disposal rates as set forth herein.
(c) Contractor agrees to receive, accept and to properly dispose of the City's
residential waste material at the Landfill throughout the term of the
agreement. Contractor shall maintain regular operating hours at the Landfill
six days a week; Monday — Friday, 7:00 a.m. to 6:00 p.m., and 7:00 a.m. to
3:00 p.m. on Saturday, and close on just one holiday. Contractor shall
maintain sufficient capacity at the Landfill to receive and properly dispose of
the City's residential waste material throughout the term of this Agreement.
(d) Contractor shall provide a monthly report to City which details the amount of
waste material received at the Landfill from the City (or the City's residential
waste contractor) broken down by date, vehicle or truck number, and cubic
yardage and/or tonnage per vehicle.
(e) Upon special request by the City Manager, Director of Public Works, or their
authorized designee, Contractor shall provide curbside collection of bulky
waste to any residential account in the city limits of Paris, Texas. Contractor
shall charge for curbside bulky waste pickup at the rates designated herein.
i
(f) Contractor shall establish and operate a customer convenience station to be
located behind the Waste Connections Lone Star office on South Church to
receive citizen drop off of acceptable waste material. Contractor agrees to
properly transport and dispose of all waste material received at the customer
convenience station.
(g) Contractor agrees to maintain all entrances and access roads into and out of
the Landfill in a safe and passable condition. Maximum turnaround time for
any City sanitation truck (or third -party sanitation truck under contract with
the City) at the landfill shall not exceed fifteen (15) minutes from the time the
sanitation truck reaches the main gate to the landfill to the time the truck exits
the landfill. Contractor shall maintain any necessary equipment at the Landfill
to pull out or push out any City Sanitation truck that becomes stuck on
Landfill property.
(h) To insure compliance with this Agreement, City shall have the right to visit
and inspect the Landfill upon providing Contractor forty-eight (48) hours
advance notice.
3. Term. The initial term of the Agreement shall be for a period of ten (10) years
commencing on the l la` day of October, 2021 ("Effective Date"), and ending on
the 10a` day of October, 2031 (the "Initial Term). Thereafter, the City shall have
Landfill Services Agreement - Page 3 of 14
the option to renew and extend the Agreement for an additional ten (10) year term.
City shall notify Contractor of its intent to renew this agreement by providing
Contractor with written notice no less than sixty (60) days prior to the expiration of
the Initial Term.
4. Termination for Cause. if at any time during this Agreement, Contractor shall
fail to substantially perform under any of the terms, covenants or conditions set
forth in this Agreement, City shall notify Contractor of the default in writing by
certified mail or hand delivery addressed to Contractor at the address provided
herein. Contractor shall have thirty (30) days from receipt of the notice of default
to remedy the default; provided, however, if such default is of a nature that requires
more than thirty (30) days to cure then, Contractor shall have a reasonable time to
cure said default, provided Contractor commences to remedy the default within
thirty (30) days of receipt of notice and works diligently toward curing the default;
otherwise the City may terminate this Agreement and all rights and obligations
herein shall terminate as of the date of termination.
Performance, Bond. Prior to the effective date of this Agreement, Contractor
shall purchase at its sole expense a performance bond in the amount of $150,000
guaranteeing Contractor's performance under this Agreement and naming the City
as sole beneficiary under the bond. The surety must come from the United States'
Treasury Department's Listing of Approved Sureties and must be authorized to
issue surety bonds in the State of Texas. The City reserves the right to reject any
and all sureties. Contractor shall issue a new perfonnance bond for this Agreement,
on or before the anniversary date of this Agreement for every year of this
Agreement. The amount of the Performance Bond for years 2-10 of this
Agreement, and any renewal years of this Agreement, shall be based upon the
City's residential landfill disposal costs for the prior year.
6. Base Rates.
(a) Contractor shall charge City the following rates for receiving and disposing
of Waste Material at the Landfill ("Base Rates':
(i) Compacted Waste Materials
(ii) Curbside pickup of Bulky Waste
from residential account upon special
request by City Public Works Director
and/or Sanitation Manager
(iii) Construction and demolition material
(Uncompacted)
(iv) Brush Trucks (Uncompacted)
(v) Waste Material delivered to Citizens
Landfill Services Agreement - Page 4 of 14
$29.51 per ton
$10.00 per cubic yard
$19.36 per ton
$6.06 per cubic yard
Convenience Center $6.50 per cubic yard
(b) The Base Rates referenced above include all state mandated closure fund fees,
licenses, taxes as of the effective date of this Agreement. Provided, however,
the base rates listed above may be increased from time to time to cover any
new state or federal mandated tax or fee assessed against the Landfill after the
effective daze of this Agreement. Contractor shall provide all necessary proof
or documentation to City prior to increasing rates based on any new state or
federal fees assessed against the Landfill. This provision, however,
specifically excludes any increases in property taxes and/or income taxes
associated with the Landfill and/or Contractor, and the base rates shall not be
increased to offset increased property taxes at Landfill and/or due to changes
in the Federal income tax rales and regulations applicable to Contractor's
business at the Landfill.
(c) Contractor shall bill City monthly for all Waste Material delivered by City to
the Landfill during the previous month pursuant to this Agreement, multiplied
by the then applicable Base Rates. Invoices shall be paid within thirty (30)
days after receipt; undisputed past due amounts bear interest at the rate of one-
half of one percent (.5%) per month.
(d) The base rates provided above shall remain fixed for a period of two (2) years
from the effective date of this Agreement.
(e) Beginning on the second anniversary of the Effective Date of this Agreement
and on each anniversary of this Agreement thereafter, Contractor shall have
the right to request an increase in the Base Rates based on the same percentage
as the Consumer Price Index, for the Dallas, Texas area for All Urban
Consumers, All Items, Not Seasonally Adjusted, Based Period December
1983 = 100 (published by the United States Bureau of Labor Statistics,
Consumer Price Index) (the "C.P.I.") shall have increased during the
preceding twelve months. In the event the U.S. Department of Labor,
Bureau of Labor Statistics ceases to publish the C.P.I., the parties hereto agree
to use the Municipal Cost Index as their guide for any percentage increases in
the Base Rates. Provided, however, in no event shall the Base Rates be
increased more than five percent (5.0%) in any one year. The first CPI
calculation shall include the percentage change for the first twenty four month
period. Every year after, it shall be for a twelve month period from
Anniversary date to Anniversary date.
(f) At the end of the Initial Term, Contractor agrees to renegotiate the base rates,
and to provide the City with new base rates that are at least twenty percent
(20%) lower than the average contract landfill rates being paid in October
2031 by the following Texas municipalities: Tyler, Texarkana, Sherman,
Greenville and McKinney. But in no event, shall the base rates exceed
$11.15/cubic yard or $45.78/ton for waste materials disposed of at the
Landfill during the first year of the renewal term of this Agreement as
Landfill Services Agreement - Page 5 of 14
provided herein.
7. Customer Convenience Station. Contractor shall establish and operate a
customer convenience station behind the Waste Connections Lone Star offices on
South Church Street, Paris, Texas to receive waste material delivered by residents
of Paris for Contractor transportation and disposal at the Landfill. The Customer
Convenience Station shall be open to the citizens of Paris on all days that the
Landfill is open, with operating hours, Monday through Friday 8:00 a.m. to 5:00
p.m. and on Saturdays from 8:00 a.m. to 12:00 p.m.
(a) Each residential service account in the City will be allowed to deliver up to
four (4) cubic yards of waste material to the customer convenience station
per month free of charge. Contractor shall require every person wishing to
dispose of waste material at the customer convenience station to verify their
residence by Texas driver's license (or other reliable identMeation) along
with a current city water bill proving that the resident has an established
account with the City of Paris. Contractor shall not accept waste material
from commercial contractors or commercial accounts at the Customer
Convenience Station. Any quantity of waste material in excess of the four
cubic yard limit per month may be accepted by Contractor only after
obtaining full payment from the Paris resident.
(b) Contractor will charge City $6.00/cubic yard for waste material received
from City of Paris residents at the customer convenience station. The first
one hundred (100) yards per month will be free to the City. Contractor shall
keep a daily log of each drop-off made at the customer convenience station.
The log shall include the name and address of the Paris resident using the
facility including the quantity of waste material disposed. A copy of the
customer convenience station log shall be submitted to the Finance Director
for the City of Paris no later than the fifth day of every month throughout the
term of this Agreement.
S. Indemnification. Contractor hereby agrees to release, defend, indemnify,
save, and hold the City, it's elected officials, officers and employees harmless
from any and all demands, debts, liabilities, suits, claims, and causes of action
of every kind on account of injury or damage to any person or property,
arising from or related to the services and contractual duties provided by the
Contractor pursuant to this Agreement.
9. Insurance. Contractor shall provide, keep and maintain throughout the term of
this Agreement, and any extensions thereof, a policy or policies of insurance,
providing at least $500,0000.00 per occurrence and $1,000,000.00 aggregate for
bodily injury or death and a $5,000,000 excess umbrella liability policy
indemnifying the Contractor and the City, its elected officials, officers and
employees (as additional insured) for any and all damages, personal injuries, or
property damages sustained in Contractor's performance of the services required
under this Agreement. Contractor shall pay all premiums when due and Contractor
Landfill Services Agreement - Page 6 of 14
shall provide the City with a copy of the insurance policy and/or a certificate of
insurance each year throughout the term of this Agreement. Said insurance policy
shall require that City receive thirty (30) days prior notice of cancellation of any
and all insurance policies. Contractor shall also maintain worker's compensation
insurance in conformance with and as required by State law.
10. Waste Connections LonemStar Sponsoj Keep Pails MBeautiful Events.
..,-M
Throughout, the term of this Agreement, Contractor agrees to fully sponsor Keep
Paris Beautiful. Clean -Up events by providing a 25 cubic yard rear -load truck and a
two-man crew at a City designated site from 8:00 a.m.-12:00 p.m. (or as otherwise
designated by City) twice a year (Spring and Fall) and Contractor shall pay for all
disposal costs related to these events.
11. Additional Services. Contractor agrees to provide all labor, materials and
equipment (excluding cost of any asbestos survey and/or asbestos abatement)
necessary to demolish at least fifteen (15) dilapidated single family structures in the
City of Paris, Texas during each year of this Agreement, including any renewals
thereof. Contractor shall demolish only those structures designated in writing by
the City and City shall pay all landfill disposal costs associated with the demolished
structures.
12. Communiq, Donation. Contractor further agrees to donate $5,000 cash per year
to the City, throughout the term of this Agreement and any renewals thereof, to be
allocated by the City Council to the Main Street Program or to such other program
as the City Council shall determine more appropriate.
13. Acce Mance of Waste _ whtwto Refuse Unacceptable Waste. Contractor agrees to
accept for disposal all waste material delivered by City pursuant to this Agreement.
Contractor shall not be required to receive or accept Unacceptable Waste as defined
herein. Contractor has forty-eight (48) hours from the time it receives a load of
waste material from the City or its agents to determine if same contains
Unacceptable Waste and to notify the City in writing or such waste is deemed
accepted by Contractor. If the City does not contest Contractor's determination of
unacceptable waste and/or remove the unacceptable waste from the landfill within
forty-eight (48) hours, Contractor will arrange for lawful disposal of such waste.
City will reimburse Contractor for all reasonable costs for proper disposal of the
unacceptable waste resulting from the City's delivery of Unacceptable Waste to the
Landfill.
14. Conteshn Contractor's Determination ofUnaccel table Waste. Upon receipt
of written notice from Contractor that City has delivered a load of Unacceptable
Waste to the Landfill, City shall have three business days hours to contest
Contractor's preliminary determination and request a third -party independent
investigation or test of the alleged unacceptable load. The third -party testing
company shall have ten (10) business days to complete its tests and investigation
and to provide its written findings and recommendation to Contractor and City. If
Contractor and City are still in disagreement regarding the condition or status of
Landfill Services Agreement - Page 7 of 14
the alleged Unacceptable Waste, the parties agree to submit the matter to non-
binding mediation.
15. Title to Waste. Contractor is vested with title to all Acceptable Waste accepted by
Contractor at the Landfill. Any revenue or other value received by Contractor as a
result of reclamation, recycling or resource recovery shall be solely for the account
of Contractor.
16. Odor Control. Contractor shall maintain the Landfill in compliance with all State
and Federal regulations related to public health, safety and welfare.
17. Requirement for Saecial Waste.
a. Contractor shall have a right of first refusal to dispose of any Special Waste
generated at a residential account located in the City, provided Contractor
agrees to dispose of such Special waste on the same terms and conditions as
a bona fide third parry offer todispose of such Special Waste. Contractor shall
have the right to require all generators of Special Waste collected by City and
being disposed of at the Landfill to participate in and implement a Special
Waste program as described in this Amendment. Contractor is not required to
accept or manage any Special Waste unless it is specifically identified in a
written Special Waste agreement, approved in writing by Contractor.
Contractor will require all waste generators for which it has collection and
disposal responsibility to execute a Special Waste agreement prior to delivery
of any Special Waste to the Landfill. Contractor will not permit delivery of
any Special Waste to the Landfill without a fully executed Special Waste
agreement.
b. The specific requirements of the Special Waste agreement shall be as
specified from time to time by Contractor and may be altered by Contractor
at any time as necessary to ensure the proper management of Special Waste.
At a minimum, the Special Waste agreement shall include:
i. A representation of the character and regulatory status of the waste to
be executed by the generator;
I A decision document to be executed by Contractor. A decision
document shall at a minimum include the identification of the generator
and the source and characterization of the waste;
iii. A proposed management plan for the Special Waste, including any
special handling requirements;
iv. The approval of Contractor indicating acceptance for handling of the
waste; and
V. The unit price for disposal associated with the management of the
Landfill Services Agreement - Page 8 of 14
Special Waste.
C. Contractor may, in its sole discretion, demand that a representative sample of
any Special Waste proposed for delivery to the Landfill be provided by the
generator to Contractor prior to the approval of a Special Waste agreement.
Unless otherwise agreed by Contractor, the cost for acquisition, delivery and
analysis of a representative sample shall be borne by the generator. If the
generator refuses to provide a representative sample, Contractor shall have no
obligation to accept the Special Waste or to execute a Special Waste
agreement.
18. Snndu & Holiday, R Opeation
r. City and Contractor hereby acknowledge and
agree that operation of the Landfill on Sundays and on the following holidays shall
be limited to emergency situations as required by City, the State or other recognized
authorities.
Christmas Day
19. ,mw liver of Waste. City agrees, acknowledges and confirms that during the term
of this Agreement or any extensions thereof, the City shall deliver to the Landfill
for disposal all such residential Waste Materials, save and except materials being
mulched, composted and/or recycled by or through the City or the City's agent. In
addition, if the City shall engage or utilize, or otherwise contract for the services
of, a third party to collect residential Waste Materials, the City shall require that all
such residential Waste Materials collected by such third party provider shall be
delivered to and disposed of at the Landfill. In addition, the City shall deliver to the
Landfill all construction and demolition material from all residential or commercial
structures condemned and demolished by the City or agent of the City.
20. Force Majeure. The performance of the Agreement may be suspended and the
obligations of either party excused in the event of and during the period that such
performance is prevented or delayed by a Force Majeure occurrence. "Force
Majeure" shall mean:
a. An act of God, including hurricanes, tornadoes, landslides, lightning,
earthquakes, extreme weather conditions, fire, flood, explosion, sabotage or
similar occurrence, acts of a public enemy, extortion, war, blockade or
insurrection, riot, civil disturbance, strike or other labor disturbances,
governmental actions or regulations, governmental requests or requisitions
for national defense, or breakdown or injury to, or shortage in, facilities used
for the handling, processing or transportation of Solid Waste or any other
cause beyond the reasonable control of either party;
b. The order or judgment of any federal, State, or local court, administrative
agency or governmental body (excluding decisions of federal courts
interpreting federal tax laws, and decisions of State courts interpreting State
tax laws) if it is not also the result of the willful misconduct or negligent action
Landfill Services Agreement - Page 9 of 14
or inaction of the party relying thereon; provided that neither the contesting
in good faith of any such order or judgment nor the failure to so contest shall
constitute or be construed as a measure of willful misconduct or negligent
action or inaction of such party;
c. The suspension, termination, interruption, denial, or non -renewal of any
permit or approval essential to the operation of the Contractor if it is not the
result of willful misconduct or negligent action or inaction of the party relying
thereon.
21. Governing Law. The Agreement will be governed and interpreted in accordance
with the laws of the State of Texas. The services to be provided herein will be
performed in Lamar County, Texas, and any questions or disputes arising from this
contract or the services provided herein shall be decided by a County or District
Court in Lamar County, Texas. Exclusive venue shall be in Lamar County, Texas.
22. Severabili',. If any provision of the Agreement is declared illegal, void, or
unenforceable, the remaining provisions will not be affected but will remain in full
force and effect.
23. Assignment. No transfer or assignment of the Agreement or any right accruing
under this Agreement will be made by either parry hereunder without the written
consent of the other party, which consent may be withheld in such parry's sole
discretion; provided, however, that Contractor may assign this Agreement to an
affiliate. For puiposes of this article, affiliate means any entity that, directly or
indirectly, controls, is controlled by, or is under common control, with Contractor.
24. Notice. All notices or other communications required or permitted to be given
pursuant to the Agreement shall be in writing and shall be considered as properly
given (i) if mailed by first class United States mail, postage prepaid, registered or
certified with return receipt requested, (ii) by delivering same in person to the
intended addressee, (iii) by delivery to an independent third party commercial
delivery service for same day or next day delivery and providing for evidence of
receipt at the office of the intended addressee, or (iv) by prepaid telegram, telex, or
facsimile to the addressee. Notice so mailed shall be effective upon its deposit with
the United States Postal Service or any successor thereto; notice sent by such a
commercial delivery service shall be effective upon delivery to such commercial
delivery service; notice given by personal delivery shall be effective only if and
then received by the addressee; and notice given by other means shall be effective
only if and when received at the office or designated place or machine of the
intended addressee. Notwithstanding anything contained herein to the contrary, any
notice of default under the Agreement must be both (i) mailed by Certified Mail,
Return Receipt Requested and (ii) faxed to the alleged defaulting party to constitute
proper notice hereunder. For purposes of notice, the addresses of the parties shall
be as set forth below; provided, however, that either party shall have the right to
change its address for notice hereunder to any other location within the continental
United States by the giving of thirty (30) days' notice to the other party in the
Landfill Services Agreement - Page 10 of 14
manner set forth herein.
If to the City, at: City 'of Paris, Texas
P. O. Box 9037
Paris, Texas 75461-9037
Attn: City Manager
with a copy to: City of Paris, Texas
P. O. Box 9037
Paris, Texas 75461-9037
Atte: City Attorney
If to the Contractor at: Waste Connections Lone Star
4001 Old Denton Road
Haltom City, Texas 76117
or such other addresses as the parties may hereafter specify by written notice
delivered in accordance herewith.
25. Entire A , i ment. The Agreement constitutes the entire agreement and
understanding between the parties hereto, and it will not be considered modified,
altered, changed, or amended in any respect unless in writing and signed by the
parties hereto.
Landfill Services Agreement - Page 11 of 14
IN WITNESS WHEREOF, this Agreement has been executed and shall be effective as
of the date last executed below.
MM
City of Paris, Texas
By: .... Paula Portugal
Its: Ma,,,,,or
Date:
ATTEST:.
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Landf U Services Agreement - Page 12 of 14
CONTRACTOR
Waste Connections Lone Star, Inc.
..... ...
By: ohn Schafer „
Its: Division Vice President
Date: 4612812022
ATTEST:
80 tiAugust t8, 2022
1fi r0iWl m d8'm'm rYmlV eio�reumu °"° ix, wmx wau i •"", Imi
EXHIBIT "A"
SPECIAL WASTE
Special Waste means any discarded material from a nonresidential source meeting any of the
following descriptions for Type A or Type B Special Waste.
1e A Special?Vaste. Any waste from a commercial or industrial activity meeting any of the
following descriptions.
1. Containerized waste (e.g., a drum, portable tank, lugger box, roll -off box, pail, bulk tanker,
etc.) listed in (b) through (h) below.
2. Waste from a pollution control process (e.g., baghouse dust, treatment plant sludge, filter
cake, sedimentation pond cleanout, etc.).
3. Waste containing free liquids (free liquid wastes are those wastes which fail the paint filter
test prescribed by the United States Environmental Protection Agency Method 9095).
4. Residue and debris from the cleanup of a spill or a chemical substance or commercial
product or a waste listed in (a) through (c) above or (e) through (h) below. This definition
applies to spills of any size.
5. Contaminated residuals from the cleanup of a facility generating, storing, treating,
recycling, or disposing chemical substances, commercial products, or waste listed in (a)
through (d) above or (0 through (h) below.
6. Any waste which is nonhazardous as a result of treatment pursuant to RCRA Subtitle C.
7. Sludge waste.
S. Waste from an industrial process.
Type B Special Waste. Any waste from a commercial or industrial activity meeting any of the
descriptions which follow.
1. Friable asbestos from building demolition or cleaning: wall board, wall or ceiling spray
coverings, pipe insulation, etc. Nonfriable asbestos (e.g., asbestos containing floor tiles,
brake pads, roofing products, etc.) is a Special Waste if it has been processed, handled, or
used in such a way that asbestos fibers may be freely released. Asbestos bearing industrial
process waste is a Type A Special Waste.
2. Commercial products or chemicals which are off -specification, outdated, unused, or
banned. Outdated or off -specification, uncontaminated food or beverage products in
original consumer containers are not included in this category; however, containers which
once held commercial products or chemicals are included if the container is empty. A
container is empty when all wastes have been removed that can be removed using the
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practices commonly employed to remove materials from that type of container (e.g.,
pouring, pumping, or aspirating), an end has been removed (for containers in excess of 25
gallons), and no more than one inch (2.54 centimeters) of residue remains on the bottom
of the container or inner liner, or no more than 3 percent by weight of the total capacity of
the container remains in the container (for containers more or less than 110 gallons) or no
more than 0.3 percent by weight of the total capacity of the container remains in the
container (for containers greater than 110 gallons). A container which once held
ACUTELY HAZARDOUS WASTES must be triple rinsed with an appropriate solvent or
cleaned by an equivalent method. Containers which once held substances regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act must be empty according to label
instructions or triple rinsed.
Untreated biomedical waste. Any waste capable of inducing infection due to contamination
with infectious agents from a biomedical source including but not limited to a hospital,
medical clinic, nursing home, medical practitioner, mortuary,, taxidermist, veterinarian,
veterinary hospital, animal testing laboratory or medical testing laboratory. Any sharps
from these sources must be rendered harmless or placed in needle puncture proof
containers.
4. Treated medical waste. Any waste from a biomedical source including but not limited to a
hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist
veterinarian, veterinary hospital, animal testing laboratory, or medical testing laboratory
which has been autoclaved or otherwise heat treated or sterilized so that it is no longer
capable of inducing infection. Any sharps from these sources must be rendered harmless
or placed in needle puncture proof containers. Residue resulting from the incineration of
medical waste is a Type A Special Waste.
5. Residue/sludges from septic tanks, food service grease traps, or washwaters and
wastewaters from commercial laundries, laundromats, and car washes. If these wastes are
managed at a public or commercial wastewater treatment works, they are not a Special
Waste.
6. Chemical -containing equipment removed from service in which the chemical composition
and concentration are known (e.g., oil filters, cathode ray tubes, lab equipment, acetylene
tanks, fluorescent light tubes, etc.).
7. Waste produced from the demolition or dismantling of industrial process equipment or
facilities contaminated with chemicals from the industrial process. Chemicals or waste
removed or drained from such equipment for facilities are Type A Special Wastes.
8. Incinerator ash generated at a resource recovery facility that burns only nonhazardous
household, commercial or industrial waste and qualifies for the hazardous waste exclusion
in 40 CFR 261.4 (b). If the regulatory authority does not recognize the household
hazardous waste exclusion, then the ash is a Type A Special Waste.
Landfill Services Agreement
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