HomeMy WebLinkAbout1790 09-25-2007ORDINANCE NO. 1790
AN ORDINANCE AUTHORIZING THE FRANCHISE OF
COMMUNITY WASTE DISPOSAL (CWD), L.P., FOR
RECYCLING SERVICES FOR THE COLLECTION OF
RESIDENTIAL AND APARTMENT RECYCLABLES
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 COMMUNITY WASTE DISPOSAL (CWD),
L.P., are sufficient to provide services, facilities and equipment necessary to fulfill the
current and future recycling services of the City; and
WHEREAS, Community Waste Disposal, L.P., 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
This agreement is entered into by and between the City of Euless, a Municipal
Corporation of Texas, (hereinafter called the "City ") and Community Waste Disposal,
L.P. (hereinafter called "Contractor").
OBJECTIVE
The City, in its desire to provide recycling services, demands a qualified professional
organization that provides, but is not limited to the following services:
A. Efficient and economical residential curbside recycling.
B. Maximized sanitary and aesthetic living conditions for the citizens for the City of
Euless.
C. Maintenance of positive communications with the City and the customer.
D. Collection and transport of residential recyclables to a suitable material recovery
facility.
WITNESSETH
In consideration of the following mutual agreements and covenants, it is understood and
agreed by and between the parties hereto as follows:
1.0 DEFINITIONS
1.1 City — City of Euless
1.2 Recyclable Buyer — A buyer or processor, selected by Contractor
pursuant to this Agreement, of recyclable materials delivered by
Contractor.
1.3 Container — The container for recyclable materials for each single family
residential unit within the City shall consist of a polyethylene blue bag.
These bags will be available for purchase at area grocery and
convenience stores, and it will be the responsibility of the residents to
provide their own containers for recycling.
1.4 Contractor — Community Waste Disposal, L.P.
1.5 Recyclable Materials — The following materials shall be included in the
recycling program:
• Office Paper
• Newsprint
• Magazines
• Aluminum Beverage Cans
• Steel/Tin Cans
• Glass: Clear, Brown and Green
• Plastic Containers #1, #2, #3, #4, #5, #7
• Household Paper Products to include junk mail, envelopes, cereal
boxes, cardboard, chipboard, and telephone books.
The Contractor shall be responsible for transporting the recyclable
materials to a processing site and must have established buyers or
markets for the recyclables. The Contractor shall be required to identify
the buyers of the recyclables upon request by the City. No more than
15% of recyclable materials collected for the purpose of recycling may be
deposited in any landfill. To the fullest extent possible, recyclables
materials should be protected against contaminates that require disposal
at the landfill. The Contractor shall be totally responsible for the
processing and marketing of all recyclable materials collected pursuant to
the Contract.
Ordinance No. 1790, Page 2 of 16
1.6 Residential Unit — A dwelling within the corporate limits of the City
occupied by a person or group of persons comprising not more than four
families. A Residential Unit shall be deemed occupied when either water
or domestic light and power services are being supplied thereto. A
condominium dwelling, whether of single or multi -level construction,
consisting of four units, shall be treated as a Residential Unit, except that
each single - family dwelling within any such Residential Unit shall be billed
separately as a Residential Unit.
1.7 Collection Vehicles — Contractor, at its sole cost and expense, agrees to
furnish all trucks, equipment, machines, and labor which are reasonably
necessary to adequately, efficiently, and properly collect and transport
recyclable material from accounts serviced by Contractor in accordance
with this Contract. NO TRUCKS ASSIGNED TO THIS CONTRACT
SHALL BE MORE THAN 10 YEARS OLD.
Due to street size variations in the City, the Contractor will need to provide
equipment that will accommodate such public streets and alleys. Special
collections shall be made using appropriate equipment. Contractor shall,
if necessary, hand -clean all spillage resulting from its collection activities.
Damage caused by collection shall promptly be repaired or replaced at the
Contractor's expense.
All motor vehicles used in performance of the obligations herein created
shall be clearly marked with the Contractor's name, telephone number and
unit number legible from 150 feet. No advertising shall be permitted on
vehicles, with the exception of company logo. All collection equipment
shall be maintained in a first class, safe, and efficient working condition
throughout the term of the Contract. Such vehicles shall be maintained
through a regular preventative maintenance program and painted as often
as necessary to preserve and present a well -kept appearance. The City
may inspect Contractor's vehicles at any time to ensure compliance of
equipment with Contract, or require equipment replacement schedule to
be submitted to City. 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. Vendor will
train drivers to protect Euless streets and not make sudden breaking stops
that will damage street surfaces.
2.0 SCOPE OF WORK
2.1 General —
A. The Contractor is hereby granted the sole and exclusive franchise,
license and privilege within the territorial jurisdiction of the City and
shall furnish all personnel, labor, equipment, trucks, and all other
items necessary to provide single family and multi - family residential
Ordinance No. 1790, Page 3 of 16
recyclable materials collection and delivery services as specified
herein and to perform all of the work called for and described in this
Agreement.
B. The Contractor shall report to the City the quantities of recycled
materials marketed in monthly and annual reports.
1. Monthly Reports shall include:
a. The tonnage of comingled containers.
b. The set -out rates identified with the City.
2. Annual Reports shall include:
a. A summary of the set -out rates and the total amount
of recovered material.
b. A summary of the public awareness activities and
community education program including an analysis
of their impact on participation and recovered
materials.
C. A summary of successful experiences, as well as any
problems encountered and measures taken to resolve
the problems.
C. Books and 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.
2.2 Force Maieure— 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.
2.3 Vicious Animals— Employees of the Contractor shall not be required to
expose themselves to the dangers of vicious animals in order to
accomplish refuse collection in any case where the owner or tenants have
animals at large, but the Contractor shall immediately notify the City, in
writing, of such condition and of his inability to make collection.
Ordinance No. 1790, Page 4 of 16
2.4 Improperly Prepared Material.— If contractor employees determine that
the Recyclable Materials set out by the resident are unacceptable due to
incorrect preparation or inappropriateness of materials, Contractor will
follow these rejection procedures: upon each instance of improperly
prepared materials, Contractor will not collect the items and will leave a
sticker -note explaining the proper method of preparation of items.
Contractor will not be required to collect recyclable materials which are
mixed with garbage, trash and rubbish normally collected by solid waste
collection crews. Contractor will tag such containers as being
unacceptable for recyclable collection.
If the Contractor determines that the materials set out by an apartment
complex are unacceptable because of a maximum of 10% total
contamination, the Contractor will follow these procedures: on the first
instance of improperly prepared materials, the Contractor will pick up the
load and contact the apartment manager noting in detail the problem(s); in
the second instance, if within 30 days of the first instance of improperly
prepared materials, the Contractor will pick up the load and contact the
apartment manager noting in detail problem(s) and forward a written
communication to the City outlining first and second instances; on the third
instance within six (6) months of the first instance of improperly prepared
materials, the Contractor will not pick up the load, will contact the
apartment manager and the City, and a garbage collection fee charge will
be made to the apartment complex.
2.5 Handling of "Missed Collection" Complaints — Contractor represents
that it has the expertise to provide routing, supervision, and training for the
collection crews. Contractor shall resolve all missed collection complaints
within a twenty -four (24) hour period. Contractor shall maintain a log of
complaints with a summary of the resolutions of such complaints. This log
will be made available for review by the City at any reasonable time.
2.6 Performance Penalties. Failure or neglect to remedy any missed collection
of refuse from any premises within 24 hours of notification 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 per 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 the Contractor, Contractor shall seek consent of the
City to temporarily interrupt service and such consent shall not be
Ordinance No. 1790, Page 5 of 16
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.
3.0 TYPE OF COLLECTION
3.1 Residential Service Provided — Contractor shall provide curbside
collection service for the collection of recyclable materials, on a coinciding
garbage collection day, Monday or Thursday, or Tuesday or Friday, from
residential unit one (1) time per week. Containers shall be placed at
curbside by 7:00 a.m. on the designated collection day.
3.2 Location of Containers for Collection - Each container shall be placed
curbside for collection. Curbside refers to that portion of right -of -way
adjacent to paved or traveled City roadways. Containers 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, containers shall be placed as
close as practicable to an access point for the collection vehicle.
Contractor may decline to collect any container not so placed.
3.3 Apartment Service Provided — The Contractor shall make available a
minimum of one six -yard container with inserted "boot," and one eight -yard
container, slotted to accept newspapers with slicks, magazines, junk mail,
envelopes, cereal boxes, cardboard, chipboard and telephone books. A
minimum of one drop -off center will be provided for each apartment
complex. Apartment complexes with units in excess of 500 will receive
one drop -off center per 500 units (example: 2,000 units = four (4) drop -off
centers). Such recycling containers shall be modified to include cutting a
hole and inserting a "boot" into each six -yard dumpster for the collection of
mixed recyclables (plastics # 1 -7, except 6; aluminum cans, steel cans,
glass); and replacing each second six -yard container with a slotted eight -
yard dumpster for the collection of newspapers with slicks, magazines,
junk mail, envelopes, cereal boxes, cardboard, chipboard and telephone
books commingled. The recycling containers must be readily identifiable
as "Recycling Only" containers and kept in neat and clean appearance.
The modified apartment recycling drop -off center will be accessible seven
days per week, 24 -hours per day by apartment residents. The containers
will be serviced on an on -call basis. Within 48 hours of a call by the
apartment complex personnel, CWD will service the container as
requested. The City reserves the right to terminate and/or otherwise alter
for further improvements, the apartment recycling service with 30 days
prior notice to the Contractor. The Contractor has the first right of refusal
on program changes.
Ordinance No. 1790, Page 6 of 16
4.0 OPERATION
4.1 Hours of Operation - Collection of recyclable materials shall not start
before 7 :00 a.m. or continue after 7:00 p.m. Exceptions to collection
hours shall be allowed only upon the mutual agreement of the City and
contractor or when Contractor reasonable determines that an exception is
necessary in order to complete collection on an existing collection route
due to unusual circumstances. No collection will be made on Sunday.
4.2 Routes of Collection — Collection routes shall be established by the
Contractor. Contractor shall submit a map designating the collection
routes to the City for approval, which approval shall not be unreasonably
withheld.
4.3 Holidays — The following shall be holidays for the purposes of this
Contract:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Contractor may observe any or all of the above listed holidays by
suspension of collection service on the holiday, but the Contractor must
meet his obligation as required. NOTE: Contractor shall be responsible for
providing make -up collection for residential routes that occur on specified
holidays. Make -up days shall be the next business day following the
holiday.
4.4 Complaints — At a minimum, customer complaint procedures shall
provide that the customer complaint be addressed within 24 hours of
receipt of such complaint and shall be promptly resolved. The contractor
shall be responsible for maintaining a log of complaints, and 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. Any missed pickups of residential recyclable
materials shall be collected: the same business day if notification to the
Contractor is provided by 12:00 p.m.; not later than 12:00 p.m. the next
business day if notification is provided after 12:00 p.m., but by the close of
business.
4.5 Communication— Contractor agrees, at its own expense, to keep a toll -
free or metro telephone number and to provide a telephone answered
(mechanical answering machine is not acceptable) from 8:00 a.m. to 5:00
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
Ordinance No. 1790, Page 7 of 16
calls regarding solid waste and /or recyclable 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 hours emergencies. The
Contractor shall keep and maintain in the office a daily log, electronically
generated accepted, 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.
4.6 Hauling — All recyclable materials hauled by the Contractor shall be so
contained, tied or enclosed that leaking, spilling or blowing is prevented.
4.7 Delivery — All recyclable materials collected for delivery and sale by the
Contractor shall be hauled to a recyclable buyer selected by the
Contractor. The charge for delivery to the recyclable buyer is included in
the rate set forth in this Agreement for each residential unit serviced by the
Contractor.
4.8 Point of Contact — All dealings, contacts, etc., between the Contractor
and the City shall be directed to the Contractor's operations manager and
to the City's Director of Economic Development.
5.0 COMPLIANCE WITH LAWS
Contractor, its officers, agents, employees, contractors, and subcontractors shall
abide by and comply with all laws, federal, state, and local. 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.
6.0 EFFECTIVE DATE
This Contract shall be effective upon execution, and performance of such
Contract shall begin on March 1, 2008.
7.0 DISCRIMINATION PROHIBITED
Contractor, in the execution, performance, or attempted performance of this
service, shall not discriminate against any person or persons because of sex,
Ordinance No. 1790, Page 8 of 16
race, religion, color, or national origin. The Contractor must be an equal
opportunity employer.
8.0 INDEMNITY
The Contractor will indemnify and save harmless the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses, and attorneys' fees
to the extent resulting from a willful or negligent act or omission of the Contractor,
its officers, agents, servants and employees in the performance of this Contract.
City will not be responsible for negligence of Contractor, or any of its agents,
employees, or customers.
9.0 LICENSES AND TAXES
The Contractor shall obtain all licenses and permits (other than the license and
permit granted by the Contract) and promptly pay all taxes required by its
performance of this agreement.
10.0 TERM
The Contract shall be for a five (5) year period beginning March 1, 2008, and
ending five (5) years thereafter. The contract may be renewed for one additional
period of five (5) years contingent upon the agreement of both parties.
11.0 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.
11.1 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
Ordinance No. 1790, Page 9 of 16
written notice shall be given to the City of Euless. "
Upon 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.
11.2 Minimum Limits of Insurance
Type of Coverage
Per Occurrence
Aggregate
Minimum
Minimum
Worker's Compensation
As required by law and shall cover
As required by
all employees including drivers.
law.
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
12.0 FEES
12.1 Charges
The Contractor is authorized to collect recyclable materials as defined
herein and the City shall charge for such services a Monthly Customer
Service Charge to residential and apartment customers as follows:
A. Residential — The charge for once 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. Senior Citizen Residential Service — Residential customers who
have attained age 65 shall be entitled to a 50% discount from the
residential rate.
C. Apartment Service — The charge for apartment service is set forth
in the schedule attached as Exhibit "A" hereto, which is
incorporated herein and made a part hereof for all purposes. .
Ordinance No. 1790, Page 10 of 16
12.2 Billinqs and Collections — The City will serve as billing and collection
agent for billings. The City agrees to bill all residential and apartment
customers on a monthly basis for the Monthly Customer Service Charge
as set forth in Exhibit "A ". The City agrees to pay to the Contractor on or
before the fifteenth (15th) business day following the end of the City's
fourth weekly billing cycle in each month as follows:
A. For collection and delivery services required pursuant to Section
3.1, the payment rate to the Contractor shall be .93¢ per residential
unit per month.
B. For collection and delivery services required pursuant to Section
3.3, the payment shall be .25¢ per apartment unit per month.
C. The rate for senior citizens shall be 50% of the residential rate and
will be .47¢ per senior citizen residential unit.
12.3 Payment to Contractor — The City will pay the Contractor its portion of
the authorized monies billed, irrespective of whether or not the city collects
from the customer for such service. The City shall be entitled to set rates
above the contracted price to compensate for billing and collection
services rendered and franchise fees. The Contractor shall receive its
pro -rata share of monthly billings per the revenue report.
12.4 Rate Increase — The Contractor will be eligible to receive an increase in
residential and apartment rates of 3.4% on March 1, 2009, 2010, 2011,
and 2012. Gross Monthly Customer Charges for each term are set forth in
Exhibit "A ".
12.5 Revenues from the Sale of the Recyclable Materials — Contractor shall
retain all revenues from the sale of recyclable materials.
12.6 Documentation — The Contractor shall be responsible for the cost
inherent in documenting and reporting all recyclable material as required
by the City in Section 2.1 B.
13.0 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.
Ordinance No. 1790, Page II of 16
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.
14.0 TRANSFERABILITY OF CONTRACT
Other than by operation of law, no assignment of the Contract or any right
accruing under this Contract shall be made in whole or part by the Contractor
without the express written consent of the City, which consent shall not be
unreasonably withheld; in the event of any assignment, the assignee shall
assume the liability of the Contractor.
15.0 EXCLUSIVE CONTRACT
The Contractor shall have the sole and exclusive franchise, license and privilege
to provide recyclable materials collection and delivery services from residential
units and apartment complexes within the corporate limits of the City.
16.0 OWNERSHIP
Exclusive right to recyclable materials that the Contractor has agreed to accept
shall pass to the Contractor when placed in Contractor's collection vehicle,
removed by Contractor from a container, or removed by Contractor from the
residential unit, whichever last occurs.
17.0 GUARANTEE
The Contractor will guarantee that all listed recyclables collected in the City of
Euless will be deposited at designated recycling collection and /or recycling
centers.
AT NO TIME WILL THE CONTRACTOR DEPOSIT IN ANY LANDFILL ANY
COLLECTED RECYCLABLES WITHOUT THE PRIOR WRITTEN CONSENT
OF THE CITY OF EULESS.
Ordinance No. 1790, Page 12 of 16
18.0 MISCELLANEOUS
18.1 Venue and Governing Law — This Agreement is subject to and shall be
construed under the laws of the State of Texas. This Agreement is
entered into and performable in Tarrant County, Texas, and venue of any
legal action upon, arising under or in any way related to the terms of this
Agreement shall lie in the courts of Tarrant County, Texas.
18.2 Entire Agreement — This written Agreement contains the entire
Agreement and understanding of the parties concerning the subject matter
hereof, and no prior or contemporaneous verbal understandings or
agreements exist. To be effective, any subsequent modification to the
terms of this Agreement must be made in a writing which is signed by all
parties hereto.
18.3 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.
18.4 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 party of the address set forth below:
If to the City: City of Euless
ATTN: City Secretary
201 N. Ector Drive
Euless, Texas 76039
If to the Contractor: Community Waste Disposal
ATTN- Robert D. Medigovich
2010 California Crossing
Dallas, Texas 75220
Or such other addresses as the parties may hereafter specify by written
notice delivered in accordance herewith.
18.5 Hazardous Material Collection Day — A payment of $8,000.00 to the
City is required to fund the Hazardous Material Collection Day. Payment is
due by March 15th of each year.
18.6 Educational Program — The contractor for recyclable materials shall
invest $2,000 annually for recycling education. These funds are payable
to the City for printed material to be used for educational programs on
recycling. This payment is due on or before the 1St day of October for
Ordinance No. 1790, Page 13 of 16
each year of the Contract. Material must be consistent with current
operational guidelines.
18.7 Special Projects — The City of Euless and the Contractor hereby agree to
evaluate new, cost effective and creative services to better serve the
Citizens of Euless. Both parties agree to discuss and implement, if
feasible, a test program for 18- gallon bins or 36- gallon carts for recycling.
Contractor agrees to work with the City on special projects such as Arbor
Daze to educate and encourage citizen participation in recycling. The City
and Contractor agree to discuss and create programs for the distribution
of blue bags within the City.
18.8 Performance Bond — The Proposal shall be accompanied by a letter from
a corporate surety satisfactory to the City stating that the Performance
Bond will be furnished by it to the person submitting the Proposal in the
event he is the successful Contractor. 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 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 $15,000 for a term of five (5) years.
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.
The surety on the bond shall be a duly authorized corporate surety to do
business in the State of Texas.
EXECUTED this _day of e /e,_ , 2007.
CITY OF EULESS
A Municipal Operation of Texas
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COMMUNI AST 20(t, OSAL
By 'el
Title
Ordinance No. 1790, Page 14 of 16
ATTEST:
u an Crim RMC, City Secretary
Greg A. Roemer
President
CommunityWasteDisposal.com
2010 California Crossing
Dallas, Texas 75220 -2310
telephone
972.392.9300 • 817.795.9300
facsimile
972.392.9301
SECTION 19
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.
SECTION 20
PUBLICATION
The City Council further directs that only the caption of this ordinance be
published.
SECTION 21
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, 2007, 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 13th day of November, 2007, by a vote
of L ayes, o_ nay, and _ 0 abstentions.
APPROVED: APPROVED AS TO FORM:
l
Mary Lib leh, Mayor Bob McFarland, City Attorney
ATTEST:
(�-� Ae--tn -
Susan Crim, TRMC, City Secretary
Ordinance No. 1790, Page 15 of 16
EXHIBIT "A"
CITY OF EULESS
RECYCLING RATES
Effective 3/1/08 through 2/28113
MONTHLY CUSTOMER SERVICE CHARGE:
Residential Apartment Senior Citizen
Rates for 3/1/08 to 2/28/09
0.98
0.92
0.49
Rates for 3/1/09 to 2/28/10
1.01
0.93
0.50
Rates for 3/1/10 to 2128/11
1.04
0.94
0.52
Rates for 3/1/11 to 2/29/12
1.08
0.95
0.54
Rates for 3/1/12 to 2/28/13
1.12
0.96
0.56
These fees shall be charged and paid regardless of whether the residents elect to participate in the city
recycling program.
Includes:
Residential & Apartment - Franchise Fee ......................... 5%
Apartments (per unit) billing fee ...... ............................... $0.66
Ordinance No. 1790, Page 16 of 16