The City of Alamo Heights staff is seeking approval from the City Council for a three-year extension of the existing agreement with BFI Waste Systems LLC for solid waste disposal. The current agreement has been automatically renewing for several years. The proposed extension would increase fees from the current rate of $30.41 per ton to $43 per ton, consistent with rates paid by other local communities. This increase in fees may require a budget amendment for the remainder of the current fiscal year.

1. CITY OF ALAMO HEIGHTS
ADMINISTRATION DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Buddy Kuhn, City Manager
SUBJECT: Renewal of a 3-year contract with BFI Waste Systems of North America
LLC, A Republic Services Company for solid waste disposal fees
DATE: January 22, 2024
SUMMARY
The City of Alamo Heights staff is seeking approval of a Resolution for a three-year
extension to the existing agreement with BFI Waste Systems LLC and authorizing the
City Manager to execute the extension of the agreement.
BACKGROUND INFORMATION
The current agreement for solid waste disposal fees has been automatically renewing for
several years. BFI Waste Systems is requiring a new agreement and if approved, will be
for a term on three (3) years. This agreement shall also automatically renew in successive
two year (2) terms in the absence of the request for a new agreement of other changes in
terms desired by either party with a 30 day written notice.
POLICY ANALYSIS
The proposed action is consistent with prior agreements executed by the city for the
disposal of household waste as well as recycling services.
FISCAL IMPACT
The current fee is $30.41 per ton and is increasing to $43.00 per ton as part of this
agreement. This fee is consistent with what other local communities are paying per ton
such as Terrell Hills and Olmos Park. Entities not contracted with BFI shall pay $66 per
ton for the same services.
The current city budget for solid waste fees in FY 2024 is currently $115,000 and
recycling fees are budgeted at $45,000. A budget amendment may be necessary later in
the fiscal year to cover the new cost which has increased by approximately 41% for the
remaining nine (9) months of FY 2024.
COORDINATION
The City Manager and City Attorney have reviewed the proposed agreement.
ATTACHMENTS
Attachment A – Agreement
Attachment B – Resolution
____________________________
Buddy Kuhn, City Manager

2. 7279699.2 (BASE AGREEMENT (NON-SPECIAL WASTES)
Customer: City of Alamo Heights
Customer Address: 6116 Broadway
Phone: (210) 832-2245 Fax: N/A
SERVICE AGREEMENT FOR MUNICIPAL
SOLID WASTE (NO SPECIAL WASTE)
City: Alamo Heights State: TX Zip: 78209 Landfill and Transfer Station
e-Mail: Ahacctpay2@alamoheightstx.gov and jrodriguez@alamoheightstx.gov Start Date: 01 / 22 / 24
ACCOUNT NUMBER
Company: BFI WASTE SYSTEMS OF NORTH AMERICA LLC , a Republic Services company
Company
E-MAIL
(X ) Gate Rate(s) is (are) subject to change without notice
( )
Agreement Specific Rate(s) and Terms: MINIMUM
VOLUME Ton(s) per month MINIMUM CHARGE $ Per ton or Per cubic yard or
TYPE OF WASTE RATE ADDITIONAL TERMS:
Municipal Solid Waste $43.00 Per ton or Per cubic yard or
Construction and Demolition
Debris $43.00 Per ton or Per cubic yard or
Other: Per ton or Per cubic yard or
Fuel Rec. Fee: No Envir. Rec. Fee: No ADMIN FEE: No
Estimated Monthly Tonnage 500
The undersigned individual signing this Agreement on behalf of the Customer acknowledges that he or she has read and understands the
terms and conditions of this Agreement and that he or she has the authority to sign the Agreement on behalf of Customer.
BY: TITLE: City Manager
(AUTHORIZED SIGNATURE)
Buddy Kuhn
BY: TITLE:
CUSTOMER NAME (PLEASE PRINT) DATE OF AGREEMENT
(AUTHORIZED SIGNATURE) TERMS AND CONDITIONS (CONTINUED ON REVERSE SIDE)
COMMENTS
1. SERVICES. Subject to the terms and conditions contained in this agreement, Company agrees to
accept non-hazardous solid waste materials, including recyclables (collectively, “Waste Materials”)
delivered by Customer (including delivery on Customer’s behalf) to the following Landfill or Transfer Station
(the “Site”): TESSMAN ROAD LANDFILL
2. PAYMENT. Customer shall pay Company for the services and equipment furnished by Company at the
rates provided in this Agreement. Customer shall also pay all taxes, fees and other governmental charges
assessed against or passed through to Company (other than income or real property taxes). Additionally,
Customer shall pay such fees as the Company may impose from time to time by notice to Customer (including,
by way of example only, late payment fees or administrative fees) with Company to determine the amounts of
such fees in its sole discretion up to the maximum amount allowed by law. Without limiting the foregoing,
Customer shall pay the Company: (a) a fee of $50.00 (which company may increase form time to time by
notice to Customer) for each check submitted by Customer that is an insufficient funds check or is returned or
dishonored; (b) each of the following: (i) a fuel recovery fee, (ii) an environmental recovery fee and (iii) an
administrative fee, each in the amounts shown on Company’s invoices, which amounts Company may change
from time to time; and (c) a late payment fee in an amount equal to the lesser of 1.5% per month or the
maximum amount permitted by law. Payment shall be made 20 days from date of invoice. At any time after
Company becomes concerned about Customer’s creditworthiness or after Customer has made any late
payment, Company may request, and if requested Customer shall pay, a deposit in an amount equal to one
month’s charges under this Agreement plus, at Company’s option, the requirement for Customer to pay on a
cash on delivery basis.
3. TERM. This Agreement is effective for _36_ months beginning on the start date (the “Initial Term”) and shall
automatically renew for successive _24_ month periods (each, a “Renewal Term”) absent written notice of non-
renewal being delivered to the other party at least 30 days before the expiration of the Initial Term or any
Renewal Term.
Rate based on _ _lbs/yd.
FOR OFFICE USE ONLY
DOES FACILITY HAVE A HAZARDOUS WASTE GENERATOR I.D. NUMBER?
I.D.
NUMBER | | | | | | | | | | | | | YES NO
NATIONAL ACCOUNT NUMBER CUSTOMER CATEG. CASHTOLERANCE TVTQFOE CREDIT ANALYST
SITE NUMBER FGGFDUVFITFSWDF
EBUF
TERM REVIEWDATE C.P.I. DPO.SED.
TUBLVI
PURCHASE ORDER NUMBER S.I.C.
TERRITORY SALES REPRESENTATIVE TAX CODE TAX EXEMPTION NUMBER TRANS CODE SFBTPOIDPEF DPNQFULPS
DPF
RENEW. MIG CREDITAPPROVAL CREDIT LIMIT CONTRACT APPROVAL ENTERED BY DATE
Z C
Z C
Z C Z C
Attachment A

3. 7279699.2 (BASE AGREEMENT (NON-SPECIAL WASTES)
TERMS AND CONDITIONS (Continued from other side)
4. WASTE MATERIALS. The Waste Materials shall not contain any "Excluded Waste" which, for
purposes of this Agreement, means any hazardous materials, wastes or substances; toxic
substances, wastes or pollutants; contaminants; pollutants; infectious wastes; highly flammable
substances; explosives; medical wastes; radioactive wastes; sewage sludge; liquid wastes; or
special wastes, each as defined by applicable federal, state or local laws or regulations or permit
conditions ("Laws"). The term "Excluded Waste" also includes any other waste that Company
notifies Customer in writing cannot legally be accepted at, or otherwise he reasonable possibility of
adversely affecting: (a) the Site; or (b) any other facility(ies) where the Waste Materials may be
taken after delivery to the Site.
5. TITLE/RESPONSIBILITY. Title to and liability for any Excluded Waste shall remain with
Customer and shall at no time pass to Company.
6. REJECTION OF EXCLUDED WASTE. Company may, in its sole discretion, reject any Excluded
Waste delivered to the Site. Upon receiving notice of rejection from Company, Customer shall
immediately remove such Excluded Waste from the Site. Notwithstanding anything to the contrary
in this Agreement or otherwise, Company may immediately remove such Excluded Waste at
Customer's expense if such Excluded Waste creates an emergency condition or negatively impacts
Company's business or operations. Company shall at no time take title to such Excluded Waste
even in removing it at Customer's expense. Company agrees to provide notice of rejection of
Excluded Waste to Customer within 72 hours from delivery and/or Company's discovery of the
Excluded Waste; however, failure to provide such notice shall not, in any manner, prejudice
Company's rights in relation to such Excluded Waste.
7. SUSPENSION AND TERMINATION. Except as provided in Force Majeure below, Company may
suspend or terminate this Agreement, in its sole discretion, for any cause including without
limitation delivery of Excluded Waste, failure to pay Company charges and failure to obey Laws.
Rules, as defined below, and Company directives. If any amount due from Customer is not paid
within 30 days after the date of Company's invoice (or if a cash on delivery payment is required
pursuant to this Agreement, upon delivery), Company may, without notice, suspend disposal of
Waste Materials until Customer has paid such amount to Company. If Company suspends service,
Company may in its sole discretion allow Customer to resume use of Company's facility conditioned
upon payment of a service interruption fee together with interest and fees, in an amount
determined by Company in its discretion up to the maximum amount allowed by law.
8. RATE ADJUSTMENTS. Company may, from time to time upon notice to Customer, increase the
rates provided in this Agreement to adjust for any increases in disposal costs, fuel costs,
transportation costs, or any other cause including Company's increased costs due to changes in
Laws. Additionally, Company shall increase the rates set forth herein annually in an amount equal
to the greater of 4% or the percentage increases in the Consumer Price Index for All Urban
Consumers (Water, Sewer and Trash Collection Services) U.S. City Average, as published by
United States Department of Labor, Bureau of Statistics (the “CPI”), using the most recently
available trailing 12 months average CPI compared to the 12 months preceding. Company may
also increase rates for reasons other than those set forth above with Customer's consent, which
may be evidenced verbally, in writing or by the parties' actions and practices.
9. COMPLIANCE WITH LAWS/RULES. Customer shall at all times comply with and obey all Laws
applicable to the performance of its responsibilities under this agreement, and to comply with and
obey all Company traffic, work and safety rules and the directions of Company personnel
(collectively "Rules").
10. INDEMNIFICATION. Customer shall indemnify, defend, and hold harmless Company and its
affiliates, and their respective officers, directors, employees, subcontractors and other agents,
from and against any and all losses, liabilities, expenses, claims, fines, penalties, suits, and
damages including attorneys' fees arising out of: (I) Customer's use of Company's facility(ies); (2)
Customer's disposal of Waste Materials pursuant to this Agreement; (3) any Excluded Waste
delivered to the Site by Customer and Agreement; and (4) any breach of this Agreement by
Customer.
11. FORCE MAJEURE. Except for the Customer's obligation to pay for disposal services rendered,
neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond
its reasonable control, including, but not limited to, labor disruption, strikes, riots, war, acts of
terrorism, fire, acts of God, compliance with any law, regulation or order, whether valid or invalid,
of any governmental body or any instrumentality thereof, whether now existing or hereafter
created, or the revocation, suspension, denial or modification of any permit, license or approval
regarding Company's Facility.
12. ASSIGNMENT. Customer shall not assign this Agreement without Company's prior written
consent, which may be withheld in Company's sole discretion.
13. ATTORNEYS' FEES AND COSTS. If any action or proceeding is commenced to enforce or
secure the performance of this Agreement, the prevailing party in any such action shall be entitled
to recover its reasonable attorneys' fees, expert witness fees, litigation expenses, and court or
other costs incurred in such action or proceeding.
14. LIQUIDATED DAMAGES. If Company terminate this Agreement pursuant to Section 7 or
Customer terminates it at any time prior to the Agreement’s expiration in accordance with Section
3, Customer shall pay, as liquidated damages, and not as a penalty, an amount equal to the
amount of Customer’s most recent monthly invoice multiplied by the lesser of (i) six months; or (ii)
the months remaining in the Agreement as set forth in Section 3. Customer acknowledges that in
the event of such termination, actual damages to Company would be uncertain and difficult to
ascertain and this liquidated damages amount is the best estimate of the actual damages to
Company including those damages related to Company’s investment in equipment, development of
landfills and hiring of employees undertaken by Company to service its customers including
Customer. This liquidated damages clause in no way relieves Customer from its obligations and
liability for other cost or damages as set forth elsewhere in this Agreement.
15. MISCELLANEOUS. This Agreement sets forth the entire agreement of the parties and
supersedes all prior agreements, whether written or oral, between the parties regarding the
subject matter of this Agreement. This Agreement shall be binding upon and inure solely to the
benefit of the parties and their permitted assigns. This Agreement shall be governed by the laws of
the State in which the Site is located. If any provision of this Agreement shall be invalid, illegal or
unenforceable, it shall be modified so as to be valid, legal and enforceable but only so as to retain
the intent of the parties. If such modification is not possible, such provision shall be severed from
this Agreement. In either case, the validity, legality and enforceability of the remaining provisions
of this Agreement shall not in any way be affected thereby. Customer and Company agree that an
electronically stored copy of this Agreement constitutes proof of the contents of this Agreement, as
though it were original.
I have read and understand all of the above Terms and Conditions of this Agreement:
CUSTOMER SIGNATURE DATE:
Attachment A

4. Attachment B
RESOLUTION NO. 2024R-177
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
ALAMO HEIGHTS, TEXAS, AUTHORIZING APPROVAL FOR
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
MUNICIPAL SOLID WASTE AGREEMENT WITH BFI WASTE
SYSTEMS OF NORTH AMERICA LLC DBA REPUBLIC
SERVICES; AND SETTING AN EFFECTIVE DATE.
WHEREAS, it is the desire of City of Alamo Heights and BFI Waste Systems of North America
LLC, dba Republic Services (“Republic Servies”) to join in an Agreement for the collection,
transportation and disposal of municipal solid waste allowed by law; and
WHEREAS, the City and Republic Services have agreed to the Agreement for waste services for a
three (3) year term with automatic two (2)-year renewals if mutually agreed to by both parties; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALAMO HEIGHTS,TEXAS THAT:
SECTION 1. The City Council hereby authorizes the City Manager to finalize negotiations and
execute an Agreement with Republic Services to provide the City for the collection, transportation
and disposal of municipal solid waste for these services which are included in the City’s Budget.
SECTION 2. This Resolution shall be effective from and after its approval and passage in
accordance with the city charter.
PRESENTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALAMO
HEIGHTS, TEXAS THIS 22nd DAY OF JANUARY, 2024.
BOBBY ROSENTHAL, MAYOR
ATTEST:
ELSA T. ROBLES, CITY SECRETARY
APPROVED AS TO FORM:
FRANK J. GARZA, CITY ATTORNEY