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HomeMy WebLinkAbout1570 01-14-2003ORDINANCE NO. 1570 AN ORDINANCE AUTHORIZING THE FRANCHISE OF TRINITY WASTE SERVICES, A SUBSIDIARY OF ALLIED WASTE INDUSTRIES, INC., FOR SOLID WASTE SERVICES FOR THE COLLECTION OF RESIDENTIAL AND COMMERCIAL GARBAGE AND TRASH 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 TRINITY WASTE SERVICES, a subsidiary of Allied Waste Industries, Inc., a Delaware corporation, acting by and through its duly authorized General Manager, James P. Lattimore, Jr., are sufficient to provide services, facilities and equipment necessary to fulfill the current and future solid waste services of the City; and WHEREAS, Trinity Waste Services and the City of Euless desire to execute a franchise agreement upon the terms and conditions hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION THIS CONTRACT AND AGREEMENT (the "Agreement ") is entered into by and between the City of Euless, Texas, a home rule municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized City Manager, Joe Hennig (hereinafter referred to as "City"), and Trinity Waste Services, a subsidiary of Allied Waste Industries, Inc., a Delaware corporation, acting by and through its duly authorized General Manager, James P. Lattimore, Jr., (hereinafter referred to as "Contractor'). WHEREAS, City and Contractor are bound to a Franchise and Agreement (the "Contract ") whereby Contractor is to provide residential and commercial garbage and trash services to the City and its inhabitants for a five (5) year period which begins March 1, 2003, and ends February 28, 2008; and WHEREAS, City and Contractor now desire to renew, extend, modify and confirm this Contract by granting Contractor an exclusive franchise, license and privilege to use the public streets, easements, and thoroughfares within the limits of the City 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 Agreement; and WHEREAS, The City, in its desire to provide solid waste service, desires a firm or qualified professional organization including, but not limited to: A. Provide both efficient and economical residential curbside and commercial container trash collection. B. Maximize sanitary and aesthetic living conditions for the citizens for the City of Euless. C. Maintain positive communications with the City 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. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the City and Contractor do hereby covenant and 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, 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 Base Rate. The respective residential and commercial rates established by ordinance by City for Contractor's residential and commercial services provided pursuant to this Agreement. 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) loose construction debris, dead animal's hazardous waste, medical waste or stable matter; (II) 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 Ordinance No. 1570, Page 2 of 25 (III) 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. 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. 1.10 Consumer Price Index (CPI -DFW). The revised Consumer Price Index for the Dallas /Fort Worth Metropolitan Area (CPI -DFW), 12 month average for all Items as published by the United States Department of Labor, Bureau of Labor Statistics, Region 6. In the event of the U.S. Department of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may then be available so as to carry out the intent of this provision. 1.11 Contract Documents. This Agreement and any addenda or changes thereto agreed to by the City and the Contractor. 1.12 Contractor. The person, partnership or corporate entity performing solid waste collection and disposal under this Agreement. 1.13 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. 1.14 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 Ordinance No. 1570, Page 3 of 25 governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals. 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 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 pursuant to federal or state law or regulation. 1.20 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. 1.21 Producer. An occupant of a Residential or Commercial Unit who generates Refuse or Rubbish. Ordinance No. 1570, Page 4 of 25 1.22 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, 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. 1.23 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. 1.24 Residential Unit. A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four (4) families. A separate residential unit shall be determined 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. 1.25 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. 1.26 Solid Waste. All non - hazardous (as defined by Comprehensive Environmental Response, Compensation, and Liability Act (CERCA and other applicable laws) and non - special (see Special Waste definition) 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. 1.27 Trees. Trees and tree trimmings larger than may be accommodated under Section 1.4 may be picked up as a special haul. Ordinance No. 1570, Page 5 of 25 SECTION 2 SCOPE OF REFUSE COLLECTION WORK 2.1 Disposal of Waste Materials. Subject to the terms and conditions of this Agreement, the 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 the Contractor for the collection and transportation of such waste material shall be protected at all times while in transit to prevent leakage or the blowing or scattering of same onto the public streets of City or property adjacent thereto. 2.2 Frequency of Residential Collection. The Contractor shall collect all residential Refuse and Rubbish in Garbage Containers, Residential Repair Debris 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 of Euless shall be Tuesday and Friday. No collections shall be made on Sunday. The Contractor may propose to the City changes in days of collection. Upon the City Manager's approval of the proposed changes, the Contractor shall promptly give written or published notice to the affected Residential Units. The contractor will pick up any missed pick -ups on the same day if they are called in before 2:00 p.m. All residential Refuse and Rubbish shall be placed in Garbage Containers, and together with Residential Repair Debris and Bundle or Boxed Bundle, shall be placed within six (6) feet of the curbside for collection by 7:00 a.m. on the designated collection day. Curbside refers to that portion of right -of -way adjacent to paved or traveled City roadways. 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. 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. The 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 maybe disposed of by Contractor for $10.00 per 5 cubic yard load upon a customer's calling and scheduling a pick -up. 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 Ordinance No. 1570, Page 6 of 25 collection in a Bundle or Boxed Bundle, may be collected and disposed of by Contractor for a special haul fee mutually agreed upon by Contractor and such customer. 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 that three (3) feet above ground. Garbage Containers stored below ground surface will not be picked up. 2.5 Residential Waste - How. The 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 the Contractor shall be picked up immediately by the 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 the 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 the Contractor's name and telephone number. Any damages to screening structures caused by the Contractor will be repaired in a timely manner. The City will resolve any disputes between the 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. The 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 the Contractor and the City's Director of Economic Development. The City of Euless has its own Christmas Tree collection location for recycling. The City receives approximately 2,500 trees that are converted to mulch by City employees and equipment. SECTION 3 SPECIAL PROVISIONS 3.1 Hauling Rights. Contractor is hereby granted the sole and exclusive franchise, license, and privilege within the territorial jurisdiction 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, Ordinance No. 1570, Page 7 of 25 Residential Repair Debris, Bundled Brush, Loose Brush, Rubbish, Trees, Refuse and other waste material as specified herein, and City hereby grants to Contractor permission to use the public streets, alleys, easements, and thoroughfares within the limits of the City for the purpose of such collection and disposal. Scavenging or hauling by other individuals on a non -fee basis shall be permitted. 3.2 Sip Ilage. The 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, in which case all scattered Refuse, Rubbish or other waste materials shall be picked up immediately by the 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, but shall report the location of such conditions to the City's Director of Economic Development 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 the Contractor after the customer reloads the Commercial Container. In the case of Commercial Unit customers, Contractor shall require the Commercial Unit customer and Contractor 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 the Contractor shall be compensated for such additional services. 3.3 Vicious Animals. Employees of the 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 the 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. The Contractor shall make, 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. 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 the Contractor is not authorized, required or governed by this Agreement and that the disposal of Hazardous Waste and/or Medical Waste by the Contractor (should Contractor choose to do so) shall be in compliance with all federal, state, and local laws and regulations. Ordinance No. 1570, Page 8 of 25 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; provided, however, 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 effected only with the approval, in writing, of the City's Director of Economic Development. 4.2 Routes of Collection. Residential collection routes shall be established according to current City routes. The 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. The Contractor may propose to the City changes in routes or days of collection. Upon the City Manager's approval of the proposed changes, the Contractor shall promptly give written or published notice to the affected residential units. 4.3 Holidays. The following shall be holidays for purposes of the Agreement: Thanksgiving Day, Christmas Day, New Year's Day, and Independence Day. Contractor may decide to observe any or all of the above - mentioned holidays by suspension of collection services for the holiday. Contractor shall provide 45 days written notice to the City Manager or his designee of its election to observe any such holiday. Make -up days shall be the next business day following the 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 the Contractor and shall be resolved by the end of the next business day. The Contractor shall supply all copies of all complaints on a form approved by the City indicating the disposition of each complaint. The form shall indicate the day and hour on which the complaint was received and resolved. 4.4.2 Service Complaints - City. The city shall notify the Contractor of each complaint reported to the City. It shall be the duty of the Contractor to take 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. Ordinance No. 1570, Page 9 of 25 4.4.3 Damage - Private Property. The Contractor shall provide the City with a full explanation of the disposition of any complaint involving a customers claim of damage to private property resulting from actions of Contractor's employees, agents, or subcontractors. 4.4.4 Complaint Procedures. The 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 the Contractor. 4.5 Reporting Requirements. Contractor shall provide the City with monthly reports within two (2) weeks of the end of the reporting period. Reports shall include tonnage of materials collected. 4.6 Equipment. The Contractor shall provide equipment, which meets or exceeds the following: 4.6.1 Type. The Contractor shall use only vehicles with bodies which are watertight to a depth of not less than eighteen (18) inches, with solid sides, using pneumatic tires. All equipment utilized by the Contractor shall be kept in good repair, appearance and in a sanitary condition at all times. No trucks assigned to this Contract shall be more than ten (10) years old. 4.6.2 Amount. The 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 the 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. Ordinance No. 1570, Page 10 of 25 4.6.5 Weight Limits. Contractor agrees to utilize residential collection vehicles with a 25 cubic yard Rear Load track 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. The Contractors 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 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. The 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 the Contractor in its relations with the public. The Contractor shall also provide the City a telephone number by which the Contractor can be contacted for after -hour emergencies. The 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 the Contractor. The City shall have the right to inspect the daily log at any reasonable time. Throughout the term of this Contract, 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 the Contractors Managing Agent shall always constitute service upon the 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 community. 4.8 Disposal of Refuse. It shall be the responsibility of the Contractor to dispose of the solid waste material it is required to collect hereunder according to the city, county, state, and federal regulations at Contractors expense. The Contractor guarantees that they own, lease, or control adequate disposal capacity for the life of this contract and all extensions. Title to Refuse and Dead Animals and Recyclable Materials 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. Ordinance No. 1570, Page 11 of 25 4.9 Hazardous Weather Force Maieure & Exclusions And Conditions. The Contractor may cancel a portion or all of a scheduled service day due to hazardous weather conditions. Contractor will provide immediate written notice to 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 the Contractor. The work under this Contract 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 the Contractor has no control. In the even of such a flood, hurricane, or Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such agreement, then the City shall grant to Contractor variances in route and schedules as deemed necessary by the Contractor maintaining the service levels as presented in this RFP as closely as possible. 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 Contract 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 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 the Contractor is in all respects an independent contractor as to the work, licenses, or privileges granted herein, notwithstanding the Contractor is bound to follow the direction of designated City officials, and that the Contractor is in no respect an officer, agent, servant or employee of the City. This Agreement specifies the work to be done by the Contractor, but the method to be employed to accomplish this work shall be the responsibility of the Contractor, unless otherwise provided in this Agreement. It is further expressly understood and agreed that the City has no control over or right to control the collection, transportation or disposal of solid waste by the Contractor, or where or how such solid waste is disposed of 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 City and Contractor; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. Ordinance No. 1570, Page 12 of 25 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 City. No assignment of the Contract or any right accruing under the Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld as long as the assignee meets the same financial stability, safety record, and customer service record as required in the Request for Proposal dated October 4, 2002. 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 the Contractor of its liability and obligation under this Agreement, and despite any such assignment, the City shall deal through the Contractor. Subcontractors will be dealt with as workers and representatives of the Contractor, and as such shall be subject to the same requirements as to character and competence as are other employees of the 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 the 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 the Contractor does not meet the standards set forth herein, the Contractor, upon notification by the City, shall increase the forces, tools, or equipment as needed to properly perform the Agreement. The failure of the City to give such notification shall not relieve the Contractor of the obligation to perform the work at the time and in the manner specified by this Agreement. Contractor and City agree that the City Manager will be the final authority for the approval of 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. The 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 the Contractor's operation and equipment at any reasonable time, and the Contractor shall allow authorized representatives of the City to make such inspections. 5.5 Liaison. The Contractor shall designate, in writing, the person to serve as agent and liaison between its organization and the City. 5.6 Taxes. Except as specifically provided otherwise in this Agreement, the Contractor shall pay all federal, state, and local taxes including sales tax, social security, worker's compensation, unemployment insurance, ad valorem, and other required Ordinance No. 1570, Page 13 of 25 taxes which may be chargeable against labor, material, equipment, real estate, and other items necessary to and in performance of this Agreement. 5.7 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 the 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 the Contractor, or from or on account of any delay from cause over which the City has no control. 5.8 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. 5.9 Term. The Contract shall be for a five (5) year period beginning March 1, 2003, and ending five (5) years thereafter. No price increase shall be allowed for the first three (3) years of this contract. A price increase not to exceed 100 percent of the increase in the DFW CPI based upon the third contract year rate of the CPI may be granted for years four (4) and five (5). This increase will be considered if service to our citizens is at an acceptable level and all other factors of the contract are being satisfied. 5.10 Renewal. This Agreement may be renewed and extended under the same terms and conditions for an additional five (5) year period as provided hereafter. No later than one hundred eighty (180) days prior to the end of the term, Contractor shall notify City of its election to terminate this Agreement or conversely, its election to renew this Agreement for another five (5) year period. Should Contractor elect to terminate, then this Agreement shall terminate and end at the end of the term. In the event that Contractor fails to provide the City with any notice of renewal or termination no later than one hundred eighty (180) days prior to the end of the term, then in such instance, such failure of notice shall be construed and understood as an election by the Contractor to renew and extend this Agreement for an additional five (5) year period. Should the Contractor either elect or be deemed to have elected to renew this Agreement, the City shall notify the Contractor no less than one hundred eighty (180) days prior to the end of the term of the City's election to terminate this Agreement. Should the City elect to terminate, then this Agreement shall terminate and end at the end of the term. Should the City elect to renew and extend this agreement, then this Agreement shall be renewed for a period of five (5) years beginning on March 1, 2008. Should the City fail to so notify Contractor of its intentions no less than said one hundred eighty (180) days prior to the end of the term, then this Agreement shall be deemed to have been renewed and extended for an additional five (5) year period under the same terms and conditions. All notices shall be in writing and sent by certified mail, return receipt requested, to the parties at the addresses provided in Section 10.4 hereof, or at such other addresses as may have been designated by the parties by notices sent pursuant to Section 10.4 hereof. Ordinance No. 1570, Page 14 of 25 5.11 Breach of Contract. It shall be the duty of the City Manager and any officials of the City which he may designate to observe closely the solid waste collection, disposal, and salvage operations and, if in the opinion of the City Manager there has been a breach of this Agreement, the City shall notify the Contractor, in writing, specifying the manner in which there has been an alleged breach of contract. If within a period of seven (7) days the Contractor has not eliminated the conditions considered to be in breach of contract, the City Manager shall so notify the City Council and a hearing shall be set for a date within twenty (20) days of such notice. At that time, the City Council shall hear the Contractor and the City representatives and make a determination as to whether or not there has been a breach of contract, and direct what further action shall be taken by the City or the Contractor, as hereinafter provided. 5.12 Termination For Cause. If at any time Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, City shall notify Contractor by registered or certified mail addressed to Contractor at the address set forth herein of specific reasons in support of City's claim that Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, after a hearing described herein, City may terminate this contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than ten (10) days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of City's claim that Contractor has substantially breached the terms and provisions of the Contract. Should City still deem Contractor to have failed in its performance, 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 City, or has otherwise substantially failed to perform its duties hereunder, the City Council may terminate this Contract. 5.13 Nondiscrimination Clause. Contractor, in the execution, performance, or attempted performance of this service, shall not discriminate against any person or persons because of sex, race, religion, color, or national origin. The Contractor must be an equal opportunity employer. Ordinance No. 1570, Page 15 of 25 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 the 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 the Contractor shall be careful and competent. Any employee of the 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. 6.2 Cooperation of Contractor Required. The 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. The 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. SECTION 7 WORKING CONDITIONS 7.1 Employee Protection. The 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. The 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 requirements as established by the Fair Labor Standards Act, if applicable. 7.3 Compliance with Laws and Regulations. The 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. The Contractor shall indemnify and save harmless the City, all of its officers, representatives, Ordinance No. 1570, Page 16 of 25 agents 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, or subcontractors. It is agreed and understood that, if the City calls the attention of the Contractor to any such violations on the part of the Contractor, its officers, agents, employees, contractors, or subcontractors, then Contractor shall immediately desist from and correct each violation. SECTION 8 INSURANCE, INDEMNIFICATION AND PERFORMANCE BOND 8.1 Minimum Insurance Coverage. The Contractor at its own expense shall purchase, maintain and keep in force insurance for the duration of this contract. Minimum coverage shall be established as of commencement date for this Agreement in the following amounts: Type of Coverage Per Occurrence Aggregate Minimum Minimum Workers Compensation 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 1 $500,000 Property Dama e 8.2 EVIDENCE OF INSURANCE. The Contractor will indemnify and hold harmless the City of Euless, and its officers and employees from and against 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 the Contractor in the performance of this contract. City will not be responsible for negligence of Contractor, or any of its agents, employees, or customers. Contractor shall procure and maintain for the duration of the contract 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 the Contractor, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be borne by the Contractor. Ordinance No. 1570, Page 17 of 25 8.2.1 Other Insurance Provisions: The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice shall be given to the City of Euless." As soon as practicable, but not more than ten (10) days after the execution of the contract, the Contractor shall have the City named as an additional insured on each certificate of insurance except Worker's Compensation and Employer's Liability, 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. 8.3 Indemnification. Contractor assumes all liability and responsibility for and hereby covenants and agrees to fully indemnify, hold harmless, and defend City, its officers, agents, servants, and employees from and against any and all claims, suits, judgments, assessments, costs, and expenses (including reasonable attomeys' 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 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 City or City's agents, officers 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 or licensees, including reasonable attorneys' fees expended by the City in any suit or claim against Contractor for same. 8.4 Performance Bond. The Contractor will be required to furnish a performance bond as security for the faithful performance of this Contract. Said performance bond must be in an amount equal to $250,000 annually for a term of five (5) years. Ordinance No. 1570, Page 18 of 25 The 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 duly authorized corporate surety to do business in the State of Texas. SECTION 9 FEES 9.1 Charges. The Contractor is authorized to collect and dispose of the various kinds of solid waste material as defined herein and charge for such services a Monthly Customer Service Charge to residential and commercial customers as follows: A. Residential. The charge for twice a week, residential, curbside, collection is set forth in the schedule attached as Exhibit "A' hereto, which is incorporated herein and made a part hereof for all purposes. B. Commercial (Commercial Containers). The charge for commercial customers at Commercial Units utilizing Commercial Containers is set forth in the schedule attached as Exhibit 'Whereto, which is incorporated herein and made a part here of for all purposes. C. Commercial or Temporary Rates. Contractor may have Commercial Construction contracts or special temporary contracts where the contractor will bill and collect fees. Contractor is responsible for remitting to the City the 5% Franchise fee on a monthly basis. 9.2 Billing and Collection. The City will serve as billing and collection agent for billings. The City agrees to bill all residential and commercial customers on a monthly basis for the Monthly Customer Service Charges as set forth hereinabove. City agrees to pay to Contractor on or before the fifteenth (15th) business day following the end of City's fourth weekly billing cycle in each month the Net Monthly Customer Service Charges billed for the preceding month. The Net Monthly Customer Service Charges shall be calculated as follows: The Net Monthly Customer Service Charges shall be equal to the sum obtained by adding: A. The "Gross Residential Monthly Customer Service Charge," which is the sum of all residential monthly customer service charges billed by the City per the monthly revenue report. Ordinance No. 1570, Page 19 of 25 B. The "Gross Commercial Monthly Customer Service Charge," which is the sum of all Commercial Monthly Customer Service Charges billed by the City per the monthly revenue report. AND DEDUCTING: C. The Franchise Fee equal to five percent (5 %) of both (1) the Gross Residential Monthly Customer Service Charge and (II) the Gross Commercial Monthly Customer Service Charge, Billed by the City and /or Contractor. D. The Billing Fee equal to five percent (5 %) of both (1) the Gross Residential Monthly Customer Service Charge and (II) the Gross Commercial Monthly Customer Service Charge. The City agrees to collect and remit all appropriate sales taxes to the State Comptrollers office of the State of Texas. 9.3 Payment to Contractor. The City will pay the Contractor its portion of the authorized monies billed, less the retainage, as provided in subsection 9.2 hereinabove. 9.4 Modification of Rates. 9.4.1 Evaluation of Rates. The Contractor will not be eligible to receive an increase in residential rates until March 1, 2006. The Contractor will not be eligible to receive an increase in commercial and rolloff rates until March 1, 2006, 9.4.1.1 Rate. The Rate may be adjusted upward with City Council approval to reflect changes in the cost of operations only, as reflected by fluctuation in the CPI -DFW. The Rate may be adjusted downward only with approval of Contractor. The base for establishing the CPI -DFW will be the difference between the CPI - DFW indexes for the most recent twelve -month period (October - September), expressed in a percentage change prior to the Rate Modification Date of February 1. Once the base CPI -DFW has been determined, the Contractor may submit to the City a rate increase request at least 90 days prior to the Rate Modification Date not to exceed 100% of the CPI -DFW. 9.4.2 Filing Requirements. The City granting any and all rate increases. automatic. Rate requests must provisions. Ordinance No. 1570, Page 20 of 25 Council shall be the final authority in At no time will rate increase requests be be fully justified and follow all notice SECTION 10 WORKING POLICIES 10.1 Commencement of Work. The Contractor must commence operations upon the beginning of the term of this Agreement, unless a delay is agreed upon by Contractor and City. 10.2 Operations During Dispute. In the event the City Council shall find that the 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 the 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 City Council. Should Contractor fail to correct or cure such failures within such ten (10) day period, the Contractor agrees that the City shall thereupon be entitled to take over all operations under this Agreement, and the Contractor shall cooperate to the extent necessary to enable the City to do so. 10.3 Amendments. This written 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: Trinity Waste Services ATTN: James P. Lattimore 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. Ordinance No. 1570, Page 21 of 25 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. 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 any Contract document 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 any Contract document shall not affect the validity or enforceability of any other provision or portion of any Contract document. 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. 10.10 Hazardous Material Collection Day. The selected provider will conduct on the grounds of City Hall, or a designated site, a hazardous waste collection day once a year for the term of the contract. This will include the following: • Arrange for Crud - Mobile or similar vehicles with the same capabilities to collect the material. • Promote the pick -up day City Wide. • Work with the City for water bill stuffers promoting the event. • Staff the event assuring all participants are Euless citizens. • Assure the site is left clean and all material removed. • Submit a collection report and assure payment to contractor involved. • This event to be sponsored annually in the spring for the length of contract. • A payment of $8,000.00 to the City will waive this provision, if paid by April 1 of each year. Vendor must notify City if they intend to manage Hazardous Material Collection Day by March 15th of each year. 10.11 Educational Program. The contractor for solid waste materials 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 Contract. Ordinance No. 1570, Page 22 of 25 10.12 Special Projects. The City of Euless and the Contractor agree to discuss and implement certain projects for the continued good service of the Citizens of Euless. These test projects may include Monday- Thursday service for designated areas, 64 or 95 gallon automated or semi - automated service or other new, creative and cost effective measures. The City agrees to dedicate adequate service areas to ensure the cost effectiveness. The City and the Contractor will jointly provide information and a description of the service to the market to be tested and measured. The response from our Citizens must be measurable to ensure correct test results. Any new service standards would need the approval of the Euless City Council. EXECUTED this J ^ day of , 2003, in Tarrant County, Texas. M ATTEST: v Susan Urim, CMC City Secretary SECTION 11 SEVERABILITY CLAUSE SERVICES James P. Lattimor General Manager 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. 1570, Page 23 of 25 SECTION 12 PUBLICATION The City Council further directs that only the caption of this ordinance be published. 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 10TH day of December, 2002, by a vote of 7 ayes, 0 nay, and 0 abstentions. PRESENTED AND GIVEN SECOND AND FINAL READING and approved at a regular meeting of the Euless City Council on the 14`h day of January, 2003, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROa/ED: �C Mary Lib Saleh, Mayor ATTEST: Susan Crim, QMC, City Secretary APPROVED AS TO FORM: Ordinance No. 1570, Page 24 of 25 EXHIBIT A RATES TRINITY WASTE SERVICES, INC. This attachment represents all services to be provided including the 5% Franchise Fee and Billing Fee. Residential Service - $5.40 per month Tuesday / Friday service Commercial Rate Schedule Size/Pick -up I l x Week 12 x Week 1 3 x Week 1 4 x Week 1 5 x Week Extra Front Load Container Rates: 2 CU YD $35.00 $65.87 $87.72 $128.00 $155.00 $12.03 3 CU YD $49.67 $86.86 $114.73 $152.96 $188.60 $18.07 4 CU YD $60.00 $105.08 $145.00 $189.16 $228.36 $24.08 6 CU YD $76.00 $144.00 $204.00 $266.00 $329.00 $34.00 8 CU YD $88.00 $177.00 $247.00 $313.00 $393.00 $39.00 *One time container delivery fee of $25.00. ROLL -OFF CONTAINERS 20 Cubic Yard per Haul $230.20 30 Cubic Yard per Haul $275.00 40 Cubic Yard per Haul $315.00 Delivery & Exchange $60.00 Daily Container Rental $4.50 Ordinance No. 1570, Page 25 of 25