HomeMy WebLinkAbout1970 11-13-2012 ORDINANCE NO. 1970
AN ORDINANCE GRANTING A FRANCHISE TO ALLIED WASTE
SERVICES OF FORT WORTH, L.L.C., FOR SOLID WASTE SERVICES
FOR THE COLLECTION OF RESIDENTIAL AND COMMERCIAL SOLID
WASTE WITHIN THE CITY OF EULESS; PROVIDING THE TERMS AND
CONDITIONS THEREOF; PROVIDING AN EFFECTIVE DATE;
PROVIDING A TERMINATION DATE; AND PROVIDING A
SEVERABILITY CLAUSE.
WHEREAS, the City Council of the City of Euless has determined that the
services, facilities, and equipment utilized by Allied Waste Services of Fort Worth,
L.L.C., are sufficient to provide services, facilities and equipment necessary to fulfill the
current and future solid waste services of the City; and
WHEREAS, Allied Waste Services of Fort Worth, L.L.C., and the City of Euless
desire to execute a franchise agreement upon the terms and conditions hereof; and
WHEREAS, the City of Euless, in its desire to provide solid waste services,
demands a firm or qualified professional organization that provides, but is not limited to
the following services:
A. Efficient and economical residential curbside and commercial container solid
waste collection.
B. Maximize sanitary and aesthetic living conditions for the citizens of the City of
Euless.
C. Maintain positive communications with the City of Euless and the customer.
D. Collect and transport solid waste from residential, institutional, commercial, and
industrial units within the City of Euless to a designated disposal site; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
The City of Euless hereby grants to Allied Waste Services, L.L.C. the license and
privilege to use the public streets, easements, and thoroughfares within the corporate
limits of the City of Euless for the purpose of collection and disposal of residential and
commercial garbage, trash, refuse, bulky wastes, trees, construction debris, brush, tree
trimmings and rubbish, subject to the terms and conditions set forth in this franchise
agreement and as allowed by state law.
FRANCHISE AGREEMENT FOR THE COLLECTION OF RESIDENTIAL AND
COMMERCIAL SOLID WASTE
THIS FRANCHISE AGREEMENT ("Agreement") is entered into by and between
the City of Euless, Texas, a Home Rule Municipal Corporation located in Tarrant County,
Texas, (the "City"), and Allied Waste Services of Fort Worth, L.L.C. ("Contractor").
In consideration of the following mutual agreements and covenants, the City and
Contractor do hereby agree as follows:
SECTION 1.
DEFINITIONS
Wherever used herein, the hereinafter-listed terms shall have the following
meanings:
1.1 Acceptable Waste. Any and all waste that is solid waste, including brush,
garbage, refuse, yard waste and trash, as solid waste is defined under the laws
of the United States and/or the State of Texas and/or the regulations
promulgated thereunder and that is acceptable for disposal in a Landfill.
1.2 Backdoor Service. Non-curbside service available to any residential customer
over the age of sixty-five (65) years old, or a disabled/handicapped resident as
certified by a physician and at the discretion of the City.
1.3 Brush. Plants or grass clippings, leaves or tree trimmings. Brush waste must be
enclosed in garbage containers, with a maximum weight of fifty (50) pounds.
Tree trimmings must be bundled in lengths less than four (4) feet and less than
fifty (50) pounds in weight.
1.4 Bulky Waste. Stoves, refrigerators, water tanks, washing machines, dryers,
furniture, appliances and other waste materials with weights or volumes greater
than those allowed for containers, but specifically excluding:
1.4.1 Loose construction debris, dead animal's hazardous waste, medical waste
or stable matter;
1.4.2 Any refrigerators, freezers, air conditioners or other appliances that do not
contain written or visual evidence that the chlorofluorocarbon's (CFC's),
have been removed therefrom by a certified, authorized and licensed
technician; and
1.4.3 Any other objects or items that Contractor is precluded by federal, state or
local law or regulation from collecting or disposing in a municipal sanitary
landfill.
Ordinance No. 1970, Page 2 of 27
1.5 Bundle or Boxed Bundle. Tree, shrub and brush trimmings, or newspapers and
magazines securely tied together forming an easily handled package not exceeding
four (4) feet in length or fifty (50) pounds in weight.
1.6 City. City of Euless.
1.7 Commercial Container. Metal containers supplied by Contractor affording
capacity to service a Commercial Unit so as to prevent spillage, unsightly and
unsanitary conditions.
1.8 Commercial Hand Collect Unit. A retail or light commercial type of business
that generates no more than two (2) cubic yards of refuse per week.
1.9 Commercial and Industrial Units. Contractor shall provide for the collection of
commercial and industrial solid waste and/or recyclables to commercial
establishments and industrial units according to individual written agreements.
Collection service shall be at least once per week to maintain the premises free
of accumulation of waste. If collection is from a commercial container, that
container should be located on a concrete pad to accommodate collection
equipment. The City shall be the sole determinant of acceptable dumpster pads,
locations, and screening, excluding roll-offs. Apartment service shall be
considered commercial as it relates to this Agreement.
1.10 Contractor. Allied Waste Services of Fort Worth, L.L.C.
1.11 Curbside. That portion of right-of-way adjacent to paved or traveled City
roadways.
1.12 Debris. Waste building materials resulting from construction, remodeling, repair or
demolition operations, including without limitation, dirt, concrete, rocks, bricks,
lumber, shingles, plaster, sand, gravel and other waste building materials.
1.13 Disposal Site. A depository, including but not limited to sanitary landfills, transfer
stations, incinerators, and waste processing/separation centers licensed, permitted
or approved to receive for processing or final disposal of solid waste by all
governmental bodies and agencies having jurisdiction and requiring such licenses,
permits or approvals.
1.14 Franchise Fee. Fee paid by Contractor to the City for the sole and exclusive
franchise, license, and privilege within the corporate limits of the City to engage in
the business of collecting and disposing of Acceptable Waste.
1.15 Garbage. Any and all dead animals of less than ten (10) pounds in weight
except those slaughtered for human consumption; every accumulation of waste
(animal, vegetable and/or other matter) that results from the preparation,
processing, consumption, dealing in, handling, packing, canning, storage,
transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or
other animal or vegetable matter (including, but not by way of limitation, used tin
cans and other food containers; and all putrescible or easily decomposable
Ordinance No. 1970, Page 3 of 27
waste animal or vegetable matter which is likely to attract flies or rodents); except
(in all cases) any matter included in the definition of Bulky Waste, dead animals,
Hazardous Waste, Rubbish or stable matter.
1.16 Garbage Containers. Portable cans or similar containers constructed of
galvanized iron, tin or other substantial material, or plastic bags or cardboard
boxes, designed to store Refuse or Rubbish with sufficient wall strength to maintain
physical integrity when lifted by the top. The maximum capacity of a garbage
container shall not exceed thirty-five (35) gallons and the total weight of a garbage
container and its contents shall not exceed fifty (50) pounds.
1.17 Hazardous Waste. All fecal material, oil, sludge and any radioactive, pathological,
toxic, acidic or volatile materials, or any chemical, compound, mixture, substance or
article which is designated by the United States Environmental Protection Agency
or appropriate agency of the State of Texas to be "hazardous," "toxic" or a
"contaminant" or "pollutant," as such terms are defined by or pursuant to Federal or
State law or regulation. Refer to solid wastes regulated as hazardous under the
Resource Conservation and Recovery Act, 42 U.S.C. Section 1002, et seq., or
regulated as toxic under the Toxic Substances Control Act, 15 U.S.C.A. Section
2601 et seq., regulations promulgated thereunder.
1.18 Loose Brush. Tree and shrub trimmings, which are not placed in disposable
containers or reusable containers "nor" are they tied and bundled so as to
constitute bundle or boxed bundle.
1.19 Medical Wastes. All medical waste, infectious waste, special waste from health
care facilities and other similar wastes as same may be defined by federal or state
law or regulation.
1.20 Monthly Contractual Rate. The per customer monthly amount Contractor will
be paid by the City for the collection and disposal of Acceptable Waste.
1.21 Non-Compactable Waste. Includes, but is not limited to, brick, concrete, dirt,
composition shingles, ceramic tile and related items that cannot be crushed under
the weight of compaction equipment.
1.22 Premises. All public and private establishments, including individual residences,
all multi-family dwellings, residential care facilities, hospitals, schools,
businesses, other buildings, and all vacant lots.
1.23 Producer. An occupant of a Residential or Commercial Unit who generates
Refuse or Rubbish.
1.24 Refuse. Every accumulation of waste (vegetable and/or other matter) that results
from the preparation, processing, consumption, dealing in, handling, packing,
canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds,
fruits, grains, or other animal or vegetable matter including, but not by way of
limitation, decomposable animal waste of vegetable matter which is likely to attract
flies or rodents; and all waste material generated at a residential, commercial,
Ordinance No. 1970, Page 4 of 27
industrial or institutional location, or construction site which must be disposed of to
prevent the attraction of flies, rodents, scavengers, unnecessary odor or to prohibit
unsightly accumulation of refuse or fire hazards. Refuse shall not include any
waste materials included in the definition of Hazardous Waste or Medical Waste.
1.25 Residential Repair Debris. Small amounts of containerized or tied and bundled
waste building materials including privacy fencing (provided such fencing materials
do not exceed 4 ft. x 6 ft. in size or are dismantled and tied into bundles not
exceeding 50 pounds) generated by a residential property owner or tenant
remodeling or repairing a Residential Unit.
1.26 Residential Unit. A single-family or duplex dwelling located within the corporate
limits of the City. A separate Residential Unit shall be deemed occupied when
either water or domestic electric power services are being supplied thereto. Each
single-family dwelling within any condominium building or group shall be counted
separately as a Residential Unit.
1.27 Rubbish. All residentially generated waste wood, wood products, grass cuttings,
dead plants, weeds, leaves, chips, shavings, sawdust, printed matter, paper,
pasteboard, rags, straw, used and discarded mattresses, white goods, pulp and
other products such as are used for packaging or wrapping, crockery, glass, ashes,
cinders, floor sweepings, mineral or metallic substances and any and all other
waste materials not included in the definition of Brush, Bulky Waste, Bundle or
Boxed Bundle, Debris, Residential Repair Debris, Refuse, Medical Waste or
Hazardous Waste.
1.28 Solid Waste. All non-hazardous (as defined by Comprehensive Environmental
Response, Compensation, and Liability Act (CERCA) and other applicable laws)
and non-special solid waste material including unwanted or discarded waste
material in a solid or semi-solid waste, including but not limited to, garbage,
ashes, refuse, rubbish, yard waste (including brush, tree trimmings, Christmas
Trees), discarded appliances, home furniture and furnishings, provided that such
material must be of the type and consistency to be lawfully accepted at the
Landfill under the applicable federal, state and local laws, regulations and
permits governing each.
1.29 Trees. Trees and tree trimmings larger than may be accommodated under Section
1.4 may be picked up as a special haul.
SECTION 2.
SCOPE OF REFUSE COLLECTION WORK
2.1 Disposal of Waste Materials. Subject to the terms and conditions of this
Agreement, Contractor agrees to dispose of, outside the corporate limits of the City,
all Brush, Bulky Waste, Bundle or Boxed Bundle, Debris, Rubbish and Refuse
collected by Contractor from Residential Units, Commercial Units and Commercial
Construction Sites within the City. All vehicles used by Contractor for the collection
and transportation of such waste material shall be protected at all times while in
Ordinance No. 1970, Page 5 of 27
transit to prevent leakage or the blowing or scattering of same onto the public
streets of the City or property adjacent thereto.
2.2 Frequency of Residential Collection. Contractor shall collect all residential
Refuse and Rubbish in Garbage Containers, Residential Repair Debris, Bulky
Waste, and Bundles or Boxed Bundles not less than two (2) times per week, with
collections at least three (3) days apart. Collection days for the City shall be
Monday and Thursday or Tuesday and Friday. No collections shall be made on
Sunday. Contractor may propose to the City changes in days of collection. Upon
the City Manager's approval of the proposed changes, Contractor shall promptly
give written or published notice to the affected Residential Units. Contractor will
pick up any missed pick-ups on the same day if they are called in before 2:00 p.m.
It is the responsibility of the residents to place all residential Refuse and Rubbish,
except Backdoor Service, in Garbage Containers, and together with Residential
Repair Debris and Bundle or Boxed Bundle, within six (6) feet of the curbside for
collection by 7:00 a.m. on the designated collection day. Garbage Containers,
Residential Repair Debris, and Bundle and/or Boxed Bundle shall be placed as
close to the roadway as practicable without interfering with or endangering the
movement of vehicles or pedestrians. When construction work is being performed
in the right-of-way, Garbage Containers, Residential Repair Debris, and Bundle
and/or Boxed Bundle shall be placed as close as practicable to the access point for
the collection vehicle. Backdoor Service shall be in Garbage Containers and
placed at a location mutually agreed to by Contractor and customer. Contractor
may decline to collect any Garbage Container, Residential Repair Debris and
Bundle and/or Boxed Bundle not so placed. All containers must be returned to the
same area as described above.
2.3 Quantity: Take-All Service. Contractor shall be required to pick up all Rubbish,
Refuse, Bulky Waste and Residential Repair Debris generated from a Residential
Unit, provided that same is properly prepared, bagged, and stored for collection in
Garbage Containers, or properly bundled, although Bulky Wastes will not be
required to be in Garbage Containers. Contractor shall also be required to pick up
all Brush and Trees during the regular residential collection frequency provided that
same are prepared and stored for collection in a Bundle or Boxed Bundle.
Contractor shall also be required to pick up stumps weighing less than fifty (50)
pounds each. Loose brush may be disposed of by Contractor upon a customer's
calling and scheduling a pick-up (See Special Pick Up Rates in Exhibit "A"). At a
customer's request, Rubbish, Residential Repair Debris, and Brush and Trees that
are not contained in Garbage Containers or are not prepared and placed for
collection in a Bundle or Boxed Bundle may be collected and disposed of by
Contractor for a special pick up rate as set forth in Exhibit "A". Up to four (4) times
per year, City residents, with proof of residency such as a current water bill or valid
driver's license, may dispose of up to ten (10) cubic yards of ACCEPTABLE
WASTE at Contractor's transfer station located at 6200 Elliott Reeder Road, Fort
Worth, Texas, at no charge. The transfer station is open to residential customers
each Saturday between 12:00 noon to 4:00 p.m. This service does not include the
disposal of HAZARDOUS WASTE or NON-COMPACTABLE WASTE.
Ordinance No. 1970, Page 6 of 27
2.4 Residential Waste - Where. Collections of waste material as provided
hereinabove shall be made from within six (6) feet of curb provided the Garbage
Containers are freely accessible, with the bottom at ground level or on a platform
not more than three (3) feet above ground. Backdoor Service shall be in Garbage
Containers and placed at a location mutually agreed to by Contractor and
customer. Garbage Containers stored below ground surface will not be picked up.
2.5 Residential Waste - How. Contractor shall make collections with a minimum of
noise and disturbance to the householder. This work shall be done in a sanitary
manner. Any Refuse or Rubbish spilled by Contractor shall be picked up
immediately by Contractor's employees.
2.6 Commercial Waste. Every Commercial Unit shall have a Commercial Container
or Containers of a size sufficient to contain all the Rubbish, Refuse, Brush, Bulky
Waste, Debris, Trees and other waste generated upon the premises and to avoid
congregation of flies, rodents, scavengers, unnecessary odor and to prohibit
unsightly accumulation of such waste materials or fire hazards. Contractor agrees
to make Commercial Containers of adequate size available upon request to any
Commercial Unit within the corporate limits of City. The Commercial Containers
provided by Contractor shall be equipped with suitable operable covers to prevent
blowing or scattering of refuse (except for roll-off containers); shall be maintained in
good order, appearance, and in a sanitary condition; shall be of uniform color or
color scheme; and shall be clearly marked with Contractor's name and telephone
number. Any damages to screening structures caused by Contractor will be
repaired in a timely manner. Commercial Containers shall be serviced at least
once per week and with additional frequency as needed to maintain the premises
free of accumulation of waste and to prohibit unsightly accumulation of such waste
materials or fire hazards. The City will resolve any disputes between Contractor
and a Commercial Unit account. The decision by the City will be final and binding
on Contractor and the Commercial Unit customer.
2.7 Christmas Tree Collection. Contractor shall provide annual curbside Christmas
tree collection citywide for all residential customers one full collection cycle after
both Christmas and New Year's. Dates may be modified by joint agreement of
Contractor and the City Manager. The City has its own Christmas tree collection
location for recycling.
SECTION 3.
SPECIAL PROVISIONS
3.1 Hauling Rights. Contractor is hereby granted the sole and exclusive franchise,
license, and privilege within the corporate limits of the City to engage in the
business of collecting and disposing of Commercial Construction Debris,
Residential and Commercial Garbage, Trash, Yard Waste, Bulky Waste, Debris,
Residential Repair Debris, Bundled Brush, Loose Brush, Rubbish, Trees, Refuse
and other waste material as specified herein, and the City hereby grants to
Contractor permission to use the public streets, alleys, easements, and
thoroughfares within the corporate limits of the City for the purpose of such
Ordinance No. 1970, Page 7 of 27
collection and disposal. Scavenging or hauling by other individuals or companies
on a non-fee basis shall be permitted.
3.2 Spillage. Contractor shall not be responsible for scattered Refuse, Rubbish or
other waste materials unless the same has been caused by its acts or those of any
of its employees, subcontractors or agents, in which case all scattered Refuse,
Rubbish or other waste materials shall be picked up immediately by Contractor. A
fork, push broom and a scoop type shovel shall be maintained on each of
Contractor's trucks for clean-up activity. Contractor will not be required to clean up
or collect loose Refuse, Rubbish, waste material or spillage not caused by the acts
of its employees, subcontractors or agents, but shall report the location of such
conditions to the City so that proper notice can be given to the customer at the
premises to properly contain Refuse, Rubbish, waste material or other spillage.
Commercial Unit Refuse, Rubbish or other waste spillage or excess Refuse,
Rubbish or other waste material shall be picked up by Contractor after the customer
reloads the Commercial Container. In the case of Commercial Unit customers,
Contractor shall require the Commercial Unit customer to increase the frequency of
collection of the Commercial Unit customer's Refuse, Rubbish and other waste
material or require the Commercial Unit customer to utilize a Commercial Container
with a larger capacity, and Contractor shall be compensated for such additional
services.
3.3 Vicious Animals. Employees of Contractor shall not be required to expose
themselves to the dangers of vicious animals in order to accomplish Contractor's
collection obligations hereunder in any case where the owner or tenants of a
Residential Unit or Commercial Unit have animals at large, but Contractor shall
immediately notify the City, in writing, of such condition and of its inability to make
collection.
3.4 Regular Service for City Owned or Operated Facilities. Contractor shall
provide for, at no charge to the City, the collection, transportation, and disposal of
waste accumulated by the City at all City owned, operated, or other City
designated sites. Regular service shall include the free provision, collection, and
hauling of dumpsters and/or roll-off containers as requested by the City for
ongoing and special events. A City Facility Landfill Rate has been included in the
schedule attached hereto as Exhibit "A", for use of City owned vehicles to dispose
at the Arlington Landfill.
3.5 Hazardous and Medical Waste. Anything to the contrary herein notwithstanding,
it is specifically understood and agreed that the collection and disposal of
Hazardous Waste and/or Medical Waste by Contractor is not authorized, required
or governed by this Agreement and that the disposal of Hazardous Waste and/or
Medical Waste by Contractor (should Contractor choose to do so) shall be in
compliance with all federal, state, and local laws and regulations.
Ordinance No. 1970, Page 8 of 27
SECTION 4.
CONTRACTOR'S OPERATION
4.1 Hours of Operation. Collection from Residential Units shall not start before 7:00
a.m. or continue after 7:00 p.m. on the same day. Collection from Commercial
Units may be performed at any time so long as such Commercial Units are not
within 200 feet of a residential structure. Collection from Commercial Units within
200 feet of residential structures shall not start before 7:00 a.m. or continue after
9:00 p.m. on the same day. Exceptions to collection hours shall be allowed only
upon the mutual agreement, in writing, of the City and Contractor or when
Contractor reasonably determines that an exception is necessary in order to
complete collection on an existing collection route due to unusual circumstances.
4.2 Routes of Collection. Residential collection routes shall be established according
to current City routes. Contractor shall submit a map designating the collection
routes and proposed days of collection to the City for approval. Contractor shall
submit any change in the residential collection routes to the City Manager for
approval. Contractor may propose to the City changes in routes or days of
collection. Upon the City Manager's approval of the proposed changes, Contractor
shall promptly give written or published notice to the affected Residential Units.
4.3 Holidays. The following shall be holidays for purposes of this Agreement:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Contractor may decide to observe any or all of the above-mentioned holidays by
suspension of collection services for the holiday. Make-up days shall be the next
business day following the holiday. Contractor shall provide 45 days written notice
to the City Manager of its election to observe any such holiday.
4.4 Complaints and Non-Performance. Service complaints shall be handled in the
following order:
4.4.1 Service Complaints - Contractor. All service complaints shall initially be
directed to Contractor and shall be addressed within 24 hours of receipt of
such complaint and shall be promptly resolved. Contractor shall be
responsible for maintaining a log of complaints, and shall provide the City
on a monthly basis with copies of all complaints indicating the date and
hour of the complaint, nature of the complaint, and the manner and timing
of its resolution.
4.4.2 Service Complaints - City. The City shall notify Contractor of each
complaint reported to the City. It shall be the duty of Contractor to take
Ordinance No. 1970, Page 9 of 27
whatever steps are necessary to remedy the cause of the complaining and
notify the City of its disposition of same by the end of the next business day.
4.4.3 Damage - Private Property. Contractor shall provide the City with a full
explanation of the disposition of any complaint involving a customer's claim
of damage to private property resulting from actions of Contractor's
employees, agents, or subcontractors.
4.4.4 Complaint Procedures. Contractor shall provide the City with information
regarding complaint procedures, rules and regulations, and day(s) of
collection, etc. Information is to be in the form of printed material distributed
by Contractor.
4.4.5 Performance Penalties. Failure or neglect to remedy any missed collection
of Refuse from any premises on the same day if notified by 2 p.m. or within
24 hours with notification after 2 p.m. of missed scheduled service may
result in a twenty-five dollar ($25) penalty for each failure. Additionally,
subsequent failure(s) at the same address within any 30-day period may
result in a fifty dollar ($50) penalty per service failure.
In addition to any penalties levied above, failure or neglect to collect twenty-
five (25) or more residences by 7 p.m. on any single regularly scheduled
collection day two (2) or more times in any thirty (30) day period in any
portion of the city may result in a fifty ($50) penalty per residence for each
failure.
In the event that the interruption is caused by an act of God including, but
not limited to: flood, tornado, ice, snow, or similar contingency beyond the
reasonable control of Contractor, Contractor shall seek consent of the City to
temporarily interrupt service and such consent shall not be unreasonably
withheld. Consent shall not be given for mechanical failure, labor action, or
seasonal volume variations. For a period of service interruption to which the
City has consented, performance penalties may be waived.
4.5 Reporting Requirements. Contractor shall provide the City with monthly
service reports within two (2) weeks of the end of the reporting period. Monthly
reports shall include tonnage of materials collected. Contractor shall also provide
the City with an annual report no later than May 1, of each year of the Term of
this Agreement. Annual reports shall include a summary of the tonnage of
materials collected and summary of the public awareness activities and
community involvement.
4.6 Equipment. Contractor, at its sole cost and expense, shall provide all trucks,
equipment, machines, and labor which are reasonably necessary to adequately,
efficiently, and properly collect and transport Refuse from accounts serviced by
Contractor in accordance with this Agreement.
4.6.1 Type. Contractor shall use only vehicles with bodies which are watertight to
a depth of not less than eighteen (18) inches, with solid sides, using
Ordinance No. 1970, Page 10 of 27
pneumatic tires. All equipment utilized by Contractor shall be kept in good
repair, appearance and in a sanitary condition at all times. No trucks utilized
pursuant to this Agreement shall be more than ten (10) years old.
4.6.2 Amount. Contractor shall provide sufficient equipment in a proper operating
condition so regular schedules and routes of collection can be maintained.
4.6.3 Condition. Equipment is to be maintained in a clean and safe working
condition and shall be painted uniformly. No third party advertising shall be
permitted on vehicles. Vehicles must have Contractor's name and phone
numbers in letters and numbers legible from 150 feet and a unit number.
The City shall have the right to inspect all equipment and may require
Contractor not to use a piece of equipment for good and reasonable cause.
4.6.4 Protection from Scattering. Each vehicle shall be equipped with a cover,
which may be net with mesh not greater than one and one-half (1-1/2)
inches, or a tarpaulin, or fully enclosed metal top to prevent leakage, blowing
or scattering of waste material onto public or private property. Such cover
shall be kept in good order and used to cover the load going to and from the
Disposal Site, during loading operations, or when parked if contents are
likely to be scattered. Vehicles shall not be overloaded so as to scatter solid
waste material, however, if solid waste material is scattered from
Contractor's vehicle for any reason, it shall be picked up immediately. Each
vehicle shall be equipped with a fork, broom and shovel for this purpose.
4.6.5 Weight Limits. Contractor agrees to utilize residential collection vehicles
with a 25 cubic yard Rear Load truck that will not exceed a 50,000 pound
Gross Vehicle Weight for collections from all Residential Units. Contractor
agrees that commercial collection vehicles will not exceed a 54,000 pound
Gross Vehicle Weight.
4.6.6 Miscellaneous. Vehicles are to be washed on the inside and sanitized with
a suitable disinfectant and deodorant a minimum of once a month. Such
vehicles shall be washed and painted or repainted as often as necessary to
keep them in a neat and sanitary condition.
Contractor's vehicles are not to interfere unduly with vehicular or pedestrian
traffic, and vehicles are not to be left standing on streets unattended except
as made necessary by loading operations.
4.7 Office. Contractor agrees, at its own expense, to keep an office open in Tarrant
County, to provide a toll-free or metro telephone number and to provide a
telephone answered (mechanical answering machine is not acceptable) from 7:00
a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 2:00 p.m. on Saturday,
excluding legal holidays, for the purpose of handling complaints and other calls
regarding solid waste collection service. Contractor shall keep competent
personnel in the office during the time the office is required to be open to the public,
and the office personnel shall have authority to represent Contractor in its relations
with the public. Contractor shall also provide the City a telephone number by which
Ordinance No. 1970, Page 11 of 27
Contractor can be contacted for after-hour emergencies. Contractor shall keep and
maintain in the office a daily log of all the service calls, which shall show the nature
of the call, complaint, or communication and the disposition thereof by Contractor.
The City shall have the right to inspect the daily log at any reasonable time.
Throughout the term of this Agreement, Contractor shall establish and maintain an
authorized Managing Agent and shall designate in writing to the City Manager the
name, telephone number, and address of such agent upon whom all notices shall
be served by the City and to whom complaints received from citizens of the City
may be directed. Service upon Contractor's Managing Agent shall always
constitute service upon Contractor. Contractor agrees to secure an annual listing in
the local Mid-Cities telephone directories in both the white and yellow pages under
the name by which it conducts business in the City.
4.8 Disposal of Refuse. Subject to the terms and conditions of this Agreement,
Contractor shall be responsible to dispose of the solid waste material it is required
to collect hereunder according to the City, county, state, and federal regulations at
Contractor's expense. Contractor guarantees that they own, lease, or control
adequate disposal capacity for the life of this Agreement and all extensions. Title to
Commercial Construction Debris, Residential and Commercial Garbage, Trash,
Yard Waste, Bulky Waste, Debris, Residential Repair Debris, Bundled Brush,
Loose Brush, Rubbish, Trees, Refuse and other waste material as specified herein
shall pass to Contractor when placed in Contractor's collection vehicle, removed
by Contractor from a Bin or Container, or removed by Contractor from the
customer's premises, whichever last occurs.
4.9 Hazardous Weather Force Majeure & Exclusions And Conditions. Contractor
may cancel a portion or all of a scheduled service day due to hazardous weather
conditions. Contractor will provide immediate written notice to the City via facsimile
transmission or e-mail of its cancellation of all or a portion of a scheduled service
day. Notwithstanding anything herein to the contrary, Contractor shall not be
liable for the failure to perform its duties if such failure is caused by a
catastrophe, riot, war, governmental order or regulation, fire, Act of God, or other
similar or different contingency beyond the reasonable control of Contractor
excluding mechanical failure or labor actions. Regular service work under this
Agreement does not include the collection and disposal of any increased volume
resulting from a flood, hurricane, or similar or different Act of God over which
Contractor has no control. In the even of such a flood, hurricane, or Act of God,
Contractor shall, at the request of the City, collect and dispose of storm related
debris. A City Storm Clean-Up Rate has been included in the schedule attached
hereto as Exhibit "A". Contractor agrees to provide twelve (12) hours annually of
such service at no charge to the City. In the event of hazardous weather, the
City shall grant to Contractor variances in route and schedules as deemed
necessary to maintain the service levels as described in this Agreement.
4.10 Records. The City and Contractor agree to maintain at their respective places of
business adequate books and records relating to the performance of their
respective duties under the provisions of this Agreement and such books and
records shall be made available at any time during business hours for inspection
by the other party, at the inspecting party's expense, upon reasonable advance
Ordinance No. 1970, Page 12 of 27
notice. All Contractor information will be kept confidential unless covered by open-
records laws.
SECTION 5.
CONTRACTOR'S RELATION TO THE CITY
5.1 Contractor as Independent Contractor. It is expressly agreed and understood
that Contractor is in all respects an independent contractor as to the work, licenses,
or privileges granted herein, notwithstanding Contractor is bound to follow the
direction of designated City officials, and that Contractor is in no respect an officer,
agent, servant or employee of the City. This Agreement specifies the work to be
done by Contractor, but the method to be employed to accomplish this work shall
be the responsibility of Contractor, unless otherwise provided in this Agreement. It
is further understood and agreed that Contractor shall be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors,
subcontractors and licensees; that the doctrine of respondent superior shall not
apply as between the City and Contractor; and that nothing herein shall be
construed as creating a partnership or joint enterprise between the City and
Contractor.
5.2 Assignment. This Agreement, and any and all rights and obligations of Contractor
hereunder, may be assigned to any parent company, affiliate or subsidiary of
Contractor without the consent of the City. No assignment of this Agreement or
any right accruing under this Agreement shall be made in whole or in part by
Contractor without the express written consent of the City, which consent shall
not be unreasonably withheld. No such consent will be construed as making the
City a party of or to such assignment or subcontract, or subjecting the City to
liability of any kind to any subcontractor. No assignment shall, under any
circumstances, relieve Contractor of its liability and obligation under this
Agreement, and despite any such assignment, the City shall deal through
Contractor. Subcontractors will be dealt with as workers and representatives of
Contractor, and as such shall be subject to the same requirements as to character
and competence as are other employees of Contractor.
5.3 City Manager to be Referee. To prevent misunderstanding and litigation, the City
Manager shall decide any and all questions which may arise concerning the quality
and acceptability of the work and services performed, the sufficiency of the
performance, and the acceptable fulfillment of this Agreement on the part of
Contractor; and the City Manager will determine whether or not the amount,
quantity, character, and quality of the work performed is satisfactory. The City
Manager shall make such explanation as may be necessary to complete, explain,
or make definite the provisions of this Agreement and his reasonable findings and
conclusions shall be final and binding on both parties. If at any time during the term
of this Agreement performance of Contractor does not meet the standards set forth
herein, Contractor, upon notification by the City, shall increase the forces, tools, or
equipment as needed to properly perform this Agreement. The failure of the City to
give such notification shall not relieve Contractor of the obligation to perform the
work at the time and in the manner specified by this Agreement. Contractor and
the City agree that the City Manager will be the final authority for the approval of
Ordinance No. 1970, Page 13 of 27
charges for any service not contemplated by this Agreement and for the disposition
of any dispute regarding performance between the City, Contractor, and any
customer.
5.4 Inspection of Work. Contractor shall furnish the City Manager or his authorized
representative with every reasonable opportunity for ascertaining whether or not the
work as performed is in accordance with the requirements of this Agreement. The
City Manager may appoint qualified persons to inspect Contractor's operation and
equipment at any reasonable time, and Contractor shall allow authorized
representatives of the City to make such inspections.
5.5 Taxes. Except as specifically provided otherwise in this Agreement, Contractor
shall pay all federal, state, and local taxes including sales tax, social security,
worker's compensation, unemployment insurance, ad valorem, and other required
taxes which may be chargeable against labor, material, equipment, real estate, and
other items necessary to and in performance of this Agreement.
5.6 City not Liable for Delays. It is expressly understood and agreed that, except as
otherwise provided herein, in no event shall the City be liable or responsible to
Contractor or to any other person for any stoppage or delay in the work herein
provided for, by injunction or other legal or equitable proceedings brought against
Contractor, or from or on account of any delay from cause over which the City has
no control.
5.7 Licenses, Permits, and Fees. Contractor agrees to obtain and pay for all
licenses, permits, certificates, inspections, and other fees required by law or
otherwise necessary to perform the services prescribed hereunder. Contractor
shall also pay, at his own expense, all disposal fees associated with the collection,
removal, and disposal of Refuse.
5.8 Term. This Agreement shall be for a five (5) year period beginning March 1,
2013, and ending five (5) years thereafter.
5.9 Renewal. This Agreement may be renewed and extended for one (1) additional
five (5) year period upon the mutual agreement of both parties.
5.10 Termination For Cause. If at any time Contractor shall fail to substantially
perform terms, covenants, obligations or conditions herein set forth, the City shall
notify Contractor by registered or certified mail addressed to Contractor at the
address set forth herein of specific reasons in support of the City's claim that
Contractor has substantially breached the terms and provisions of this
Agreement. Contractor shall be allowed a thirty (30) day period from the date of
receipt of said notice from the City to remedy any failure to perform. Should the
City deem the failure to perform remedied, no public hearing shall be held.
Should Contractor fail to remedy its performance, after a public hearing
described herein, the City may terminate this Agreement and the rights and
privileges granted to Contractor herein. A notice shall be sent to Contractor no
later than ten (10) days before a public hearing is scheduled. The notice shall
Ordinance No. 1970, Page 14 of 27
specify the time and place of the public hearing and shall include the specific
reasons in support of City's claim that Contractor has substantially breached the
terms and provisions of this Agreement. Said hearing shall be conducted in
public by the City Council and Contractor shall be allowed to be present and shall
be given full opportunity to answer such claims as are set out against it in the
aforesaid notice. If, after said public hearing, the City Council makes a finding
that Contractor has failed to provide adequate refuse collection service for the
City, or has otherwise substantially failed to perform its duties hereunder, the City
Council may terminate this Agreement.
5.11 Nondiscrimination Clause. Contractor, in the execution, performance, or
attempted performance of this service under this Agreement, shall not
discriminate against any person because of sex, race, religion, color, national
origin or any other protected class under federal or state law. Contractor must be
an equal opportunity employer.
SECTION 6.
QUALITY OF SERVICE
6.1 Character of Workers and Equipment. The direction and supervision of waste
collection and disposal, and salvage operations shall be by competent, qualified,
properly licensed, drug free, uniformed, and sober personnel, and Contractor shall
devote sufficient personnel, time and attention to the direction of the operation to
assure performance reasonably satisfactory to the City. All subcontractors,
superintendents, foremen and workers employed by Contractor shall be careful and
competent. Any employee of Contractor who misconducts himself or is
incompetent or negligent in the due and proper performance of his duty, or is
disorderly, dishonest, under the influence of drugs or alcohol or grossly
discourteous, shall be subject to disciplinary measures or termination by
Contractor.
6.2 Cooperation of Contractor Required. Contractor shall cooperate with authorized
personnel and representatives of the City in every reasonable way in order to
facilitate the progress of the work contemplated under this Agreement. Contractor
shall have at all times a competent and reliable representative available authorized
to receive orders and act on behalf of Contractor.
6.2.1 Contractor's Employees. Contractor shall assure that Contractor's
employees serve the public in a courteous, helpful and impartial manner.
6.2.2 Handling of Private Property - Contractor's Employees. Contractor's
employees collecting Refuse and Rubbish will be required to follow the
regular walk for pedestrians while on private property. Care shall be taken
to prevent damage to property including shrubs, flowers, and other plants.
Ordinance No. 1970, Page 15 of 27
SECTION 7.
WORKING CONDITIONS
7.1 Employee Protection. Contractor shall comply with all applicable state and
federal laws relating to wages, hours, and all other applicable laws relating to the
employment or protection of employees, now or hereafter in effect.
7.2 Employees' Salaries - Contractor. Contractor is required and hereby agrees by
acceptance of this Agreement to pay all employees not less than federal minimum
wage and to abide by other applicable requirements of the Fair Labor Standards
Act.
7.3 Compliance with Laws and Regulations. Contractor hereby agrees to comply
with all applicable federal, state, county and City laws and regulations (including
EPA guidelines) applicable to the collection, transportation or disposal of solid
waste or the operations of Contractor under this Agreement. Contractor shall
indemnify and save harmless the City, all of its officers, agents, servants,
licensees, contractors, subcontractors and employees against any claim or liability
arising from or based upon the violation of any such laws, regulations, ordinances,
orders or decrees, whether by Contractor, its officers, agents, servants, employees,
licensees, contractors or subcontractors. It is agreed and understood that, if the
City calls the attention of Contractor to any such violations on the part of this
Agreement, its officers, agents, servants, employees, licensees, or
subcontractors, then Contractor shall immediately desist from and correct each
violation.
SECTION 8.
INSURANCE, INDEMNIFICATION AND PERFORMANCE BOND
8.1 Minimum Insurance Coverage. Contractor at its own expense shall purchase,
maintain and keep in force insurance for the duration of this Agreement.
Minimum coverage shall be established as of commencement date for this
Agreement in the following amounts:
Type of Coverage Per Occurrence Aggregate
Minimum Minimum
Worker's Compensation i As required by law and shall As required by
cover all employees including law.
drivers.
Comprehensive & General $1,000,000 $2,000,000
Public Liability
Property Damage $1,000,000 $2,000,000
Comprehensive Auto Liability $1,000,000
Bodily Injury
Comprehensive Auto Liability $500,000
Property Damage
Ordinance No. 1970, Page 16 of 27
8.2 Requirements of Insurance.
Contractor shall procure and maintain for the duration of this Agreement
insurance against claims for injuries to persons or damages to property that may
arise from or in conjunction with the performance of the work hereunder by
Contractor, its officers, agents, servants, employees, licensees, or
subcontractors. The cost of such insurance shall be borne by Contractor. Upon
execution of this Agreement, a notice of cancellation endorsement will be
provided to supplement the certificate of insurance and this endorsement will
provide the City with 30 days notice in the event of cancellation providing written
evidence of the same to the City, and shall have each policy including Worker's
Compensation and Employer's Liability endorsed to provide a waiver of
subrogation in favor of the City. Insurance is to be placed with insurers licensed
in the State of Texas and rated A- or better by A.M. Best or A by Standard and
Poor's. Such policies of insurance shall provide that in the event of cancellation
or material change in the policy affecting the insured, thirty (30) days prior written
notice shall be given to the City.
8.3 Proof of Insurance. Contractor shall furnish to the city copies of the required
insurance policies or certificates of insurance in a form approved by the Texas
Department of Insurance showing proof of the required coverage and conditions
of insurance. Such proof of insurance shall be kept current throughout the term
of this Agreement or any renewal thereof.
8.4 Indemnification. Contractor will be responsible for any and all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses, and attorney's fees
arising out of a willful or negligent act or omission of Contractor, its officers, agents,
servants, employees, licensees and subcontractors in the performance of this
Agreement. The City will not be responsible for the negligence of Contractor, or
any of its officers, agents, servants, employees, licensees or subcontractors.
Contractor assumes all liability and responsibility for and hereby covenants and
agrees to fully indemnify, hold harmless, and defend the City, its officers, agents,
servants, and employees from and against any and all claims, suits, judgments,
assessments, costs, and expenses (including reasonable attorneys' fees) for
property damage or loss and/or personal injury, including death, to any and all
persons of whatsoever kind or character, whether real or asserted, arising out of or
in connection with the performance, attempted performance, or nonperformance of
the work and services described hereunder by Contractor or in any way resulting
from or arising out of the collection, transportation, and disposal of solid waste or
refuse under this Agreement by Contractor, including the work, services,
operations, and legal duties of Contractor, its officers, agents, servants, employees,
subcontractors, contractors or licensees, if any, save and except any damage or
loss and/or personal injury, including death, arising out of any acts or omissions of
the City or the City's officers, agents, servants, or employees. Contractor shall
likewise assume all responsibility and liability for and shall indemnify and hold
harmless the City for any and all injury or damage to City property arising out of or
in connection with any and all negligent acts or omissions of Contractor, its officers,
agents, servants, employees, subcontractors, contractors or licensees, including
reasonable attorneys' fees expended by the City in any suit or claim against
Contractor for same.
Ordinance No. 1970, Page 17 of 27
8.5 Performance Bond. Contractor will be required to furnish a performance bond
as security for the faithful performance of this Agreement. The performance
bond must be in an amount equal to $250,000 annually for a term of five (5)
years. Contractor shall pay any and all premiums for the bonds described above.
A certificate from the surety showing that the bond premiums are paid in full shall
accompany the bond. Such certificate shall be submitted to the City with the
bond on an annual basis. Such letter is to be signed by an authorized
representative of the surety together with a certified and effectively dated copy of
his power of attorney attached thereto. The surety on the bond shall be a
corporate surety duly authorized to do business in the State of Texas.
SECTION 9.
CONTRACTUAL RATES, BILLING AND FRANCHISE FEES
9.1 Contractual Rates. Contractor is authorized to charge a Monthly Contractual Rate
for the collection and disposal of Acceptable Waste as follows:
A. Residential Unit. Monthly Contractual Rates for the twice weekly collection
of Acceptable Waste shall be as set forth in the schedule attached hereto
as Exhibit "A". Contractor agrees to pay City a 5% Franchise Fee and 5%
Billing Fee which will be remitted as set forth in Section 9.2.
B. Commercial and Industrial Unit. The Monthly Contractual Rates for
collection of Acceptable Waste shall be as set forth in the schedule attached
hereto as Exhibit "A". Contractor agrees to pay City a 5% Franchise Fee and
5% Billing Fee which will be remitted as set forth in Section 9.2.
C. Commercial Construction/Temporary Contracts. Contractor may have
commercial construction contracts or special temporary contracts where
Contractor will bill and collect fees at the rates set forth in the schedule
attached hereto as Exhibit A. Contractor is responsible for remitting to the
City a 5% Franchise Fee based on these billings on a monthly basis.
D. Special Pick Up. Contractor may bill and collect for Special Pick Up of
Acceptable Waste at the rates set forth in the schedule attached hereto as
Exhibit "A". Contractor is responsible for remitting to the City a 5%
Franchise Fee based on these billings on a monthly basis.
9.2 Billing and Collection. The City will serve as billing and collection agent for
Residential Unit and Commercial and Industrial Unit billings. The City agrees to bill
Residential Unit and Commercial and Industrial Unit customers on a monthly basis.
The City agrees to pay to Contractor on or before the fifteenth (15th) business day
following the end of the City's fourth weekly billing cycle in each month the Net
Monthly Customer Service Charge for the preceding month. The Net Monthly
Customer Service Charge shall be calculated as follows:
Ordinance No. 1970, Page 18 of 27
A. The "Gross Residential Monthly Customer Service Charge," which is
calculated by multiplying the Monthly Contractual Rate times the total
number of residential monthly customers based on a monthly revenue report
generated by the City;
B. PLUS the "Gross Commercial and Industrial Monthly Customer Service
Charge," which is calculated by multiplying the Monthly Contractual Rate
times the total number of commercial and industrial monthly customers
based on a monthly revenue report generated by the City;
C. LESS a Franchise Fee equal to five percent (5%) of both (I) the "Gross
Residential Monthly Customer Service Charge" and (II) the "Gross
Commercial and Industrial Monthly Customer Service Charge";
D. LESS a Billing Fee equal to five percent (5%) of both (I) the "Gross
Residential Monthly Customer Service Charge" and (II) the "Gross
Commercial and Industrial Monthly Customer Service Charge".
The City shall be entitled to establish rates by ordinance above the Monthly
Contractual Rates and collect amounts greater than the Gross Residential
Monthly Customer Service Charge and the Gross Commercial and Industrial
Monthly Customer Service Charge to compensate for administrative costs.
9.3 Sales Tax. The City shall collect and remit all appropriate sales taxes to the State
Comptroller's office of the State of Texas.
9.4 Rate Increase. Contractor will be eligible to receive an increase in Monthly
Contractual Rates on March 1, 2014, 2015, 2016, and 2017, as set forth in the
schedule attached hereto as Exhibit "A".
SECTION 10.
WORKING POLICIES
10.1 Commencement of Work. Contractor must commence operations upon the
beginning of the term of this Agreement, unless a delay is agreed upon by
Contractor and the City.
10.2 Operations During Dispute. In the event the City Council shall find that
Contractor has failed, or is failing to perform obligations under this Agreement, it
shall be the duty of the City Council to enter into a formal finding of that fact upon
the minutes and send a certified copy of such finding by certified mail to Contractor,
or have same delivered to Contractor personally. In such event, Contractor shall
have ten (10) days to correct or cure the failures so found by the City Council.
Should Contractor fail to correct or cure such failures within such ten (10) day
period, Contractor agrees that the City shall thereupon be entitled to take over all
operations under this Agreement, and Contractor shall cooperate to the extent
necessary to enable the City to do so.
Ordinance No. 1970, Page 19 of 27
10.3 Amendments. This Agreement contains the entire agreement of the parties hereto
concerning the subject matter hereof, and no other written or verbal agreements or
understandings exist. Amendments which are consistent with the purposes of this
Agreement may be made with the mutual consent of the parties and in accordance
with the City Charter and other applicable laws and ordinances provided, however,
that no amendment hereto shall be effective unless made by written instrument
signed by the parties hereto.
10.4 Notices. Any notice required or permitted to be delivered hereunder shall be in
writing and shall be deemed to be delivered when deposited in the United States
mail, postage paid, certified mail, return receipt requested, addressed to the
respective part of the address set forth below:
If to the City: City of Euless
ATTN: City Secretary
201 N. Ector Drive
Euless, Texas 76039-3595
If to the Contractor: Allied Waste Services of Fort Worth
ATTN: General Manager
6100 Elliott-Reeder Road
Fort Worth, Texas 76117
Or such other addresses as the parties may hereafter specify by written notice
delivered in accordance herewith.
10.5 Venue. This Agreement is entered into and wholly performable in Tarrant County,
Texas. Should any action, whether real or asserted, at law or in equity, arise out of
the terms and conditions of this Agreement, or be in any way connected therewith,
venue for said action shall be in Tarrant County, Texas.
10.6 Ordinances. The City agrees to pass such ordinances as are necessary to
effectuate all terms of this Agreement, including all duties and obligations required
of customers, and such ordinances or actions as are necessary to protect the
franchise, license and privilege herein granted to Contractor from any infringement
of same by third parties.
10.7 Counterparts. This Agreement may be executed in any number of counterparts,
each of which will, for all purposes, be deemed to be an original, and all of which
are identical.
10.8 Severability. In the event that any provision or portion thereof of this Agreement
shall be found to be invalid or unenforceable, then such provision or portion
thereof shall be performed in accordance with applicable laws. The invalidity or
unenforceability of any provision or portion of this Agreement shall not affect the
validity or enforceability of any other provision or portion of this Agreement.
10.9 Governmental Powers. It is understood and agreed that by execution of this
Agreement, the City does not waive or surrender any of its governmental powers.
Ordinance No. 1970, Page 20 of 27
10.10 Hazardous Material Collection Day. Contractor will pay $8,000 by April 1, of
each year for a hazardous waste collection day once a year for the term of this
Agreement.
10.11 Educational Program. Contractor shall invest $2,000 annually for solid waste
education. These funds are payable to the City for printed material to be used for
educational programs for solid waste. This payment is due on or before the 15th
day of October for each year of the term of this Agreement.
10.12 Special Projects. The City and Contractor agree to discuss and implement certain
projects for the continued good service of the citizens of the City. Any new service
standards must first be approved by the City Council.
EXECUTED this day of bJ00-- 2012, in Tarrant
County, Texas.
CITY OF EULESS/ ALLIED WASTE SERVICES
By. By: (Sit
- ,a McKamie t t,�0 I,,s � L� -�. ,r f.
City Manager Area President
ATTEST:
I
By: ■KG/'At
Kim utter, TRMC
City Secretary
SECTION 11.
SEVERABILITY CLAUSE
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
invalid or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation in this
ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
Ordinance No. 1970, Page 21 of 27
SECTION 12.
PUBLICATION
The City Council further directs that only the caption of this ordinance be
published in accordance with Article XI, Section 3 of the City Charter.
SECTION 13.
EFFECTIVE DATE
This ordinance shall be in full force and effect thirty (30) days from and after its
passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless
City Council on the 25th day of September 2012, by a vote of 6 ayes, o nay,
and o abstentions.
PRESENTED AND GIVEN SECOND AND FINAL READING and approved at a
regular meeting of the Euless City Council on the 13th day of November 2012, by a vote
of 7 ayes, 0 nays, and 0 abstentions.
APPROVED: APPROVED AS TO FORM:
Cia%%, 1,t)
Mary Li Saleh, Mayor Wayne Olson, City Attorney
ATTEST:
/A111!414 _�A.(
im butter, RMC, City Secretary
Ordinance No. 1970, Page 22 of 27
EXHIBIT "A"
CITY OF EULESS
MONTHLY CONTRACTUAL RATES
Monthly Rates (in dollars)
Effective March 1, 2013 through February 28, 2014:
Residential curbside: $8.23/month
Backdoor service: $11.23/month
Commercial Front-Load Rates
Pickups Per Week
SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA DELIVERY
2 YD 54.15 101.89 135.68 197.99 239.76 277.51 18.60 38.67
3 YD 76.82 134.35 177.47 236.60 291.73 333.80 27.95 38.67
4 YD 92.81 162.54 224.29 292.59 353.23 403.42 37.25 38.67
6 YD 117.56 222.74 315.54 411.45 508.90 578.29 52.58 38.67
8 YD 136.12 273.79 382.06 484.14 607.89 695.25 60.33 38.67
Commercial Roll Off Rates
SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT
PER DAY PER LOAD PER CONTAINER
20 YD OPEN 92.81 6.96 356.08 322.32
30 YD OPEN 92.81 6.96 425.38 322.32
40 YD OPEN 92.81 6.96 487.25 322.32
28 YD COMP NEGO NEGO 529.18 NEGO
30 YD COMP NEGO NEGO 553.24 NEGO
35 YD COMP NEGO NEGO 613.42 NEGO
40 YD COMP NEGO NEGO 673.58 NEGO
42 YD COMP NEGO NEGO 697.58 NEGO
Commercial hand load two (2) times per week: $20.88 per month (limit four(4) bags).
Casters-$15.47/month
Locks-$7.75/month
City facility landfill rates at the Arlington landfill: $ 24.79/Load
City storm clean-ups (includes disposal): Claw Truck-$98.40/per hour/per truck
Rear load Truck: $142.00/per hour/per truck
Special Pick Up Rates
1-5 yds 6-10 yds 10-15 yds >15 yds
35.32 88.31 158.95 Roll off Rates Will Apply
Includes a 5% Franchise Fee and 5% Billing Fee
Direct billings by contractor for commercial construction contracts or special temporary contracts are
subject to five (5) percent franchise fee only.
Ordinance No. 1970, Page 23 of 27
Monthly Rates (in dollars)
Effective March 1, 2014 through February 28, 2015:
Residential curbside: $8.48/month
Backdoor service: $11.48/month
Commercial Front-Load Rates
Pickups Per Week
SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA DELIVERY
2 YD 55.77 104.95 139.75 203.93 246.96 285.84 19.16 39.83
3 YD 79.13 138.38 182.79 243.69 300.49 343.82 28.79 39.83
4 YD 95.60 167.41 231.02 301.37 363.82 415.52 38.37 39.83
6 YD 121.09 229.42 325.01 423.79 524.17 595.63 54.16 39.83
8 YD 140.20 282.00 393.52 498.67 626.12 716.10 62.14 39.83
Commercial Roll Off Rates
SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT
PER DAY PER LOAD PER CONTAINER
20 YD OPEN 95.60 7.17 366.76 331.99
30 YD OPEN 95.60 7.17 438.14 331.99
40 YD OPEN 95.60 7.17 501.87 331.99
28 YD COMP NEGO NEGO 545.06 NEGO
30 YD COMP NEGO NEGO 569.84 NEGO
35 YD COMP NEGO NEGO 631.82 NEGO
40 YD COMP NEGO NEGO 693.79 NEGO
42 YD COMP NEGO NEGO 718.58 NEGO
Commercial hand load two (2) times per week: $21.51 per month (limit four(4) bags).
Casters-$15.93/month
Locks-$7.98/month
City facility landfill rates at the Arlington landfill: $ 25.53/Load
City storm clean-ups (includes disposal): Claw Truck-$101.36/per hour/per truck
Rear load Truck: $146.26/per hour/per truck
Special Pick Up Rates
1-5 yds 6-10 yds 10-15 yds >15 yds
36.38 90.96 163.72 Roll off Rates Will Apply
Includes a 5% Franchise Fee and 5% Billing Fee
Direct billings by contractor for commercial construction contracts or special temporary contracts are
subject to five (5) percent franchise fee only.
Ordinance No. 1970, Page 24 of 27
Monthly Rates (in dollars)
Effective March 1, 2015 through February 28, 2016:
Residential curbside: $8.73/month
Backdoor service: $11.73/month
Commercial Front-Load Rates
Pickups Per Week
SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA DELIVERY
2 YD 57.45 108.10 143.95 210.05 254.36 294.41 19.74 41.03
3 YD 81.50 142.53 188.28 251.00 309.50 354.13 29.65 41.03
4 YD 98.47 172.44 237.95 310.41 374.74 427.99 39.52 41.03
6 YD 124.72 236.30 334.76 436.51 539.89 613.50 55.78 41.03
8 YD 144.41 290.46 405.33 513.63 644.91 737.59 64.00 41.03
Commercial Roll Off Rates
SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT
PER DAY PER LOAD PER CONTAINER
20 YD OPEN 98.47 7.38 377.76 341.95
30 YD OPEN 98.47 7.38 451.28 341.95
40 YD OPEN 98.47 7.38 516.92 341.95
28 YD COMP NEGO NEGO 561.41 NEGO
30 YD COMP NEGO NEGO 586.93 NEGO
35 YD COMP NEGO NEGO 650.78 NEGO
40 YD COMP NEGO NEGO 714.60 NEGO
42 YD COMP NEGO NEGO 740.13 NEGO
Commercial hand load two (2) times per week: $22.15 per month (limit four (4) bags).
Casters-$16.41/month
Locks-$8.22/month
City facility landfill rates at the Arlington landfill: $26.30/Load
City storm clean-ups (includes disposal): Claw Truck-$104.40/per hour/per truck
Rear load Truck: $150.65/per hour/per truck
Special Pick Up Rates
1-5 yds 6-10 yds 10-15 yds >15 yds
37.47 93.69 168.63 Roll off Rates Will Apply
Includes a 5% Franchise Fee and 5% Billing Fee
Direct billings by contractor for commercial construction contracts or special temporary contracts are
subject to five (5) percent franchise fee only.
Ordinance No. 1970, Page 25 of 27
Monthly Rates (in dollars)
Effective March 1, 2016 through February 28, 2017:
Residential curbside: $8.99/month
Backdoor service: $11.99/month
Commercial Front-Load Rates
Pickups Per Week
SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA DELIVERY
2 YD 59.17 111.34 148.26 216.35 262.00 303.24 20.33 42.26
3 YD 83.95 146.81 193.92 258.53 318.78 364.75 30.54 42.26
4 YD 101.42 177.61 245.09 319.72 385.98 440.83 40.71 42.26
6 YD 128.46 243.39 344.80 449.60 556.09 631.91 57.46 42.26
8 YD 148.74 299.18 417.49 529.03 664.25 759.72 65.92 42.26
Commercial Roll Off Rates
SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT
PER DAY PER LOAD PER CONTAINER
20 YD OPEN 101.42 7.60 389.10 352.21
30 YD OPEN 101.42 7.60 464.82 352.21
40 YD OPEN 101.42 7.60 532.43 352.21
28 YD COMP NEGO NEGO 578.25 NEGO
30 YD COMP NEGO NEGO 604.54 NEGO
35 YD COMP NEGO NEGO 670.30 NEGO
40 YD COMP NEGO NEGO 736.04 NEGO
42 YD COMP NEGO NEGO 762.34 NEGO
Commercial hand load two (2) times per week: $22.82 per month (limit four(4) bags).
Casters-$16.91/month
Locks-$8.46/month
City facility landfill rates at the Arlington landfill: $ 27.09/Load
City storm clean-ups (includes disposal): Claw Truck-$107.54/per hour/per truck
Rear load Truck: $155.17/per hour/per truck
Special Pick Up Rates
1-5 yds 6-10 yds 10-15 yds >15 yds
38.59 96.50 173.69 Roll off Rates Will Apply
Includes a 5% Franchise Fee and 5% Billing Fee
Direct billings by contractor for commercial construction contracts or special temporary contracts are
subject to five (5) percent franchise fee only.
Ordinance No. 1970, Page 26 of 27
Monthly Rates (in dollars)
Effective March 1, 2017 through February 28, 2018:
Residential curbside: $9.26/month
Backdoor service: $12.26/month
Commercial Front-Load Rates
Pickups Per Week
SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA DELIVERY
2 YD 60.94 114.68 152.71 222.84 269.86 312.34 20.94 43.52
3 YD 86.47 151.21 199.74 266.29 328.35 375.70 31.46 43.52
4 YD 104.46 182.94 252.44 329.32 397.56 454.05 41.93 43.52
6 YD 132.32 250.69 355.14 463.09 572.77 650.87 59.18 43.52
8 YD 153.20 308.15 430.01 544.91 684.18 782.51 67.90 43.52
Commercial Roll Off Rates
SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT
PER DAY PER LD PER CONT
20 YD OPEN 104.46 7.83 400.77 362.78
30 YD OPEN 104.46 7.83 478.77 362.78
40 YD OPEN 104.46 7.83 548.40 362.78
28 YD COMP NEGO NEGO 595.60 NEGO
30 YD COMP NEGO NEGO 622.68 NEGO
35 YD COMP NEGO NEGO 690.41 NEGO
40 YD COMP NEGO NEGO 758.12 NEGO
42 YD COMP NEGO NEGO 785.21 NEGO
Commercial hand load two (2) times per week: $23.50 per month (limit four(4) bags).
Casters-$17.41/month
Locks-$8.72/month
City facility landfill rates at the Arlington landfill: $ 27.90/Load
City storm clean-ups (includes disposal): Claw Truck-$110.77/per hour/per truck
Rear load Truck: $159.83/per hour/per truck
Special Pick Up Rates
1-5 yds 6-10 yds 10-15 yds >15 yds
39.75 99.40 178.90 Roll off Rates Will Apply
Includes a 5% Franchise Fee and 5% Billing Fee
Direct billings by contractor for commercial construction contracts or special temporary contracts are
subject to five (5) percent franchise fee only.
Ordinance No. 1970, Page 27 of 27