HomeMy WebLinkAbout2172 11-14-2017 ORDINANCE NO. 2172
AN ORDINANCE GRANTING A FRANCHISE TO ALLIED WASTE
SERVICES OF FORT WORTH, L.L.C., FOR SOLID WASTE SERVICES
FOR THE COLLECTION OF RESIDENTIAL AND COMMERCIAL SOLID
WASTE WITHIN THE CITY OF EULESS; PROVIDING THE TERMS AND
CONDITIONS THEREOF; PROVIDING AN EFFECTIVE DATE;
PROVIDING A TERMINATION DATE; AND PROVIDING A
SEVERABILITY CLAUSE.
WHEREAS, the City Council of the City of Euless has determined that the services,
facilities, and equipment utilized by Allied Waste Services of Fort Worth, L.L.C., are
sufficient to provide services, facilities and equipment necessary to fulfill the current and
future solid waste services of the City; and
WHEREAS, Allied Waste Services of Fort Worth, L.L.C., and the City of Euless
desire to execute a franchise agreement upon the terms and conditions hereof; and
WHEREAS, the City of Euless, in its desire to provide solid waste services,
demands a firm or qualified professional organization that provides, but is not limited to
the following services:
A. Efficient and economical residential curbside and commercial container solid
waste collection.
B. Maximize sanitary and aesthetic living conditions for the citizens of the City of
Euless.
C. Maintain positive communications with the City of Euless and the customer.
D. Collect and transport solid waste from residential, institutional, commercial, and
industrial units within the City of Euless to a designated disposal site; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
The City of Euless hereby grants to Allied Waste Services, of Fort Worth, L.L.C.
the license and privilege to use the public streets, easements, and thoroughfares within
the corporate limits of the City of Euless for the purpose of collection and disposal of
residential and commercial garbage, trash, refuse, bulky wastes, trees, construction
debris, brush, tree trimmings and rubbish, subject to the terms and conditions set forth in
this franchise agreement and as allowed by state law.
FRANCHISE AGREEMENT FOR THE COLLECTION OF RESIDENTIAL AND
COMMERCIAL SOLID WASTE
THIS FRANCHISE AGREEMENT ("Agreement") is entered into by and between the
City of Euless, Texas, a Home Rule Municipal Corporation located in Tarrant County, Texas,
(the "City"), and Allied Waste Services of Fort Worth, L.L.C. ("Contractor").
In consideration of the following mutual agreements and covenants, the City and
Contractor do hereby agree as follows:
SECTION 1.
DEFINITIONS
Wherever used herein, the hereinafter-listed terms shall have the following
meanings:
1.1 Acceptable Waste. Any and all waste that is solid waste, including brush,
garbage, refuse, yard waste and trash, as solid waste is defined under the laws of
the United States and/or the State of Texas and/or the regulations promulgated
thereunder and that is acceptable for disposal in a Landfill.
1.2 Backdoor Service. Non-curbside service available to any residential customer
over the age of sixty-five (65) years old, or a disabled/handicapped resident as
certified by a physician and at the discretion of the City.
1.3 Brush. Plants or grass clippings, leaves or tree trimmings. Brush waste must be
enclosed in garbage containers, with a maximum weight of fifty (50) pounds. Tree
trimmings must be bundled in lengths less than four (4) feet and less than fifty (50)
pounds in weight.
1.4 Bulky Waste. Stoves, refrigerators, water tanks, washing machines, dryers,
furniture, appliances and other waste materials with weights or volumes greater than
those allowed for containers, but specifically excluding:
1.4.1 Loose construction debris, dead animal's hazardous waste, medical waste or
stable matter;
1.4.2 Any refrigerators, freezers, air conditioners or other appliances that do not
contain written or visual evidence that the chlorofluorocarbon's (CFC's), have
been removed therefrom by a certified, authorized and licensed technician;
and
1.4.3 Any other objects or items that Contractor is precluded by federal, state or
local law or regulation from collecting or disposing in a municipal sanitary
landfill.
Ordinance No. 2172, Page 2 of 27
1.5 Bundle or Boxed Bundle. Tree, shrub and brush trimmings, or newspapers and
magazines securely tied together forming an easily handled package not exceeding
four (4) feet in length or fifty (50) pounds in weight.
1.6 City. City of Euless.
1.7 Commercial Container. Metal containers supplied by Contractor affording capacity
to service a Commercial Unit so as to prevent spillage, unsightly and unsanitary
conditions.
1.8 Commercial Hand Collect Unit. A retail or light commercial type of business that
generates no more than two (2) cubic yards of refuse per week.
1.9 Commercial and Industrial Units. Contractor shall provide for the collection of
commercial and industrial solid waste and/or recyclables to commercial
establishments and industrial units according to individual written agreements.
Collection service shall be at least once per week to maintain the premises free of
accumulation of waste. If collection is from a commercial container, that container
should be located on a concrete pad to accommodate collection equipment. The
City shall be the sole determinant of acceptable dumpster pads, locations, and
screening, excluding roll-offs. Apartment service shall be considered commercial
as it relates to this Agreement.
1.10 Contractor. Allied Waste Services of Fort Worth, L.L.C.
1.11 Curbside. That portion of right-of-way adjacent to paved or traveled City roadways.
1.12 Debris. Waste building materials resulting from construction, remodeling, repair or
demolition operations, including without limitation, dirt, concrete, rocks, bricks,
lumber, shingles, plaster, sand, gravel and other waste building materials.
1.13 Disposal Site. A depository, including but not limited to sanitary landfills, transfer
stations, incinerators, and waste processing/separation centers licensed, permitted
or approved to receive for processing or final disposal of solid waste by all
governmental bodies and agencies having jurisdiction and requiring such licenses,
permits or approvals.
1.14 Franchise Fee. Fee paid by Contractor to the City for the sole and exclusive
franchise, license, and privilege within the corporate limits of the City to engage in
the business of collecting and disposing of Acceptable Waste.
1.15 Garbage. Any and all dead animals of less than ten (10) pounds in weight except
those slaughtered for human consumption; every accumulation of waste (animal,
vegetable and/or other matter) that results from the preparation, processing,
consumption, dealing in, handling, packing, canning, storage, transportation,
decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or
vegetable matter (including, but not by way of limitation, used tin cans and other
food containers; and all putrescible or easily decomposable waste animal or
Ordinance No. 2172, Page 3 of 27
vegetable matter which is likely to attract flies or rodents); except (in all cases) any
matter included in the definition of Bulky Waste, dead animals, Hazardous Waste,
Rubbish or stable matter.
1.16 Garbage Containers. Portable cans or similar containers constructed of galvanized
iron, tin or other substantial material, or plastic bags or cardboard boxes, designed
to store Refuse or Rubbish with sufficient wall strength to maintain physical integrity
when lifted by the top. The maximum capacity of a garbage container shall not
exceed thirty-five (35) gallons and the total weight of a garbage container and its
contents shall not exceed fifty (50) pounds.
1.17 Hazardous Waste. All fecal material, oil, sludge and any radioactive, pathological,
toxic, acidic or volatile materials, or any chemical, compound, mixture, substance or
article which is designated by the United States Environmental Protection Agency or
appropriate agency of the State of Texas to be "hazardous," "toxic" or a
"contaminant" or "pollutant," as such terms are defined by or pursuant to Federal or
State law or regulation. Refer to solid wastes regulated as hazardous under the
Resource Conservation and Recovery Act, 42 U.S.C. Section 1002, et seq., or
regulated as toxic under the Toxic Substances Control Act, 15 U.S.C.A. Section
2601 et seq., regulations promulgated thereunder.
1.18 Loose Brush. Tree and shrub trimmings, which are not placed in disposable
containers or reusable containers "nor" are they tied and bundled so as to constitute
bundle or boxed bundle.
1.19 Medical Wastes. All medical waste, infectious waste, special waste from health care
facilities and other similar wastes as same may be defined by federal or state law or
regulation.
1.20 Monthly Contractual Rate. The per customer monthly amount Contractor will be
paid by the City for the collection and disposal of Acceptable Waste.
1.21 Non-Compactable Waste. Includes, but is not limited to, brick, concrete, dirt,
composition shingles, ceramic tile and related items that cannot be crushed under
the weight of compaction equipment.
1.22 Premises. All public and private establishments, including individual residences,
all multi-family dwellings, residential care facilities, hospitals, schools, businesses,
other buildings, and all vacant lots.
1.23 Producer. An occupant of a Residential or Commercial Unit who generates Refuse
or Rubbish.
1.24 Refuse. Every accumulation of waste (vegetable and/or other matter) that results
from the preparation, processing, consumption, dealing in, handling, packing,
canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds,
fruits, grains, or other animal or vegetable matter including, but not by way of
limitation, decomposable animal waste of vegetable matter which is likely to attract
Ordinance No. 2172, Page 4 of 27
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.
1.25 Residential Repair Debris. Small amounts of containerized or tied and bundled
waste building materials including privacy fencing (provided such fencing materials
do not exceed 4 ft. x 6 ft. in size or are dismantled and tied into bundles not exceeding
50 pounds) generated by a residential property owner or tenant remodeling or
repairing a Residential Unit.
1.26 Residential Unit. A single-family or duplex dwelling located within the corporate
limits of the City. A separate Residential Unit shall be deemed occupied when
either water or domestic electric power services are being supplied thereto. Each
single-family dwelling within any condominium building or group shall be counted
separately as a Residential Unit.
1.27 Rubbish. All residentially generated waste wood, wood products, grass cuttings,
dead plants, weeds, leaves, chips, shavings, sawdust, printed matter, paper,
pasteboard, rags, straw, used and discarded mattresses, white goods, pulp and other
products such as are used for packaging or wrapping, crockery, glass, ashes,
cinders, floor sweepings, mineral or metallic substances and any and all other waste
materials not included in the definition of Brush, Bulky Waste, Bundle or Boxed
Bundle, Debris, Residential Repair Debris, Refuse, Medical Waste or Hazardous
Waste.
1.28 Solid Waste. All non-hazardous (as defined by Comprehensive Environmental
Response, Compensation, and Liability Act (CERCA) and other applicable laws)
and non-special solid waste material including unwanted or discarded waste
material in a solid or semi-solid waste, including but not limited to, garbage, ashes,
refuse, rubbish, yard waste (including brush, tree trimmings, Christmas Trees),
discarded appliances, home furniture and furnishings, provided that such material
must be of the type and consistency to be lawfully accepted at the Landfill under
the applicable federal, state and local laws, regulations and permits governing
each.
1.29 Trees. Trees and tree trimmings larger than may be accommodated under Section
1.4 may be picked up as a special haul.
SECTION 2.
SCOPE OF REFUSE COLLECTION WORK
2.1 Disposal of Waste Materials. Subject to the terms and conditions of this
Agreement, Contractor agrees to dispose of, outside the corporate limits of the City,
all Brush, Bulky Waste, Bundle or Boxed Bundle, Debris, Rubbish and Refuse
collected by Contractor from Residential Units, Commercial Units and Commercial
Construction Sites within the City. All vehicles used by Contractor for the collection
Ordinance No. 2172, Page 5 of 27
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 the City or property adjacent thereto.
2.2 Frequency of Residential Collection. Contractor shall collect all residential Refuse
and Rubbish in Garbage Containers, Residential Repair Debris, Bulky Waste, and
Bundles or Boxed Bundles not less than two (2) times per week, with collections at
least three (3) days apart. Collection days for the City shall be Monday and Thursday
or Tuesday and Friday. No collections shall be made on Sunday. Contractor may
propose to the City changes in days of collection. Upon the City Manager's approval
of the proposed changes, Contractor shall promptly give written or published notice
to the affected Residential Units. Contractor will pick up any missed pick-ups on the
same day if they are called in before 2:00 p.m. It is the responsibility of the residents
to place all residential Refuse and Rubbish, except Backdoor Service, in Garbage
Containers, and together with Residential Repair Debris and Bundle or Boxed
Bundle, within six(6)feet of the curbside for collection by 7:00 a.m. on the designated
collection day. Garbage Containers, Residential Repair Debris, and Bundle and/or
Boxed Bundle shall be placed as close to the roadway as practicable without
interfering with or endangering the movement of vehicles or pedestrians. When
construction work is being performed in the right-of-way, Garbage Containers,
Residential Repair Debris, and Bundle and/or Boxed Bundle shall be placed as close
as practicable to the access point for the collection vehicle. Backdoor Service shall
be in Garbage Containers and placed at a location mutually agreed to by Contractor
and customer. Contractor may decline to collect any Garbage Container, Residential
Repair Debris and Bundle and/or Boxed Bundle not so placed. All containers must
be returned to the same area as described above.
2.3 Quantity: Take-All Service. Contractor shall be required to pick up all Rubbish,
Refuse, Bulky Waste and Residential Repair Debris generated from a Residential
Unit, provided that same is properly prepared, bagged, and stored for collection in
Garbage Containers, or properly bundled, although Bulky Wastes will not be required
to be in Garbage Containers. Contractor shall also be required to pick up all Brush
and Trees during the regular residential collection frequency provided that same are
prepared and stored for collection in a Bundle or Boxed Bundle. Contractor shall also
be required to pick up stumps weighing less than fifty(50) pounds each. Loose brush
may be disposed of by Contractor upon a customer's calling and scheduling a pick-
up (See Special Pick Up Rates in Exhibit "A"). At a customer's request, Rubbish,
Residential Repair Debris, and Brush and Trees that are not contained in Garbage
Containers or are not prepared and placed for collection in a Bundle or Boxed Bundle
may be collected and disposed of by Contractor for a special pick up rate as set forth
in Exhibit "A". Up to four (4) times per year, City residents, with proof of residency
(valid Texas driver's license and current City water bill with matching addresses),
may dispose of up to ten (10) cubic yards of ACCEPTABLE WASTE at the Arlington
Landfill, located at 800 Mosier Valley Road, Euless, Texas 76040, at no charge. The
landfill is open to residential customers each Saturday between 7:00 am and 2:30
p.m. This service does not include the disposal of HAZARDOUS WASTE or NON-
COMPACTABLE WASTE.
Ordinance No. 2172, Page 6 of 27
2.4 Residential Waste -Where. Collections of waste material as provided hereinabove
shall be made from within six (6) feet of curb provided the Garbage Containers are
freely accessible, with the bottom at ground level or on a platform not more than three
(3) feet above ground. Backdoor Service shall be in Garbage Containers and placed
at a location mutually agreed to by Contractor and customer. All reusable Garbage
Containers must be returned to the same area as described above in a manner which
does not cause undue damage to the Garbage Containers. Garbage Containers
stored below ground surface will not be picked up.
2.5 Residential Waste - How. Contractor shall make collections with a minimum of
noise and disturbance to the householder. This work shall be done in a sanitary
manner. Any Refuse or Rubbish spilled by Contractor shall be picked up immediately
by Contractor's employees.
2.6 Commercial Waste. Every Commercial Unit shall have a Commercial Container or
Containers of a size sufficient to contain all the Rubbish, Refuse, Brush, Bulky Waste,
Debris, Trees and other waste generated upon the premises and to avoid
congregation of flies, rodents, scavengers, unnecessary odor and to prohibit
unsightly accumulation of such waste materials or fire hazards. Contractor agrees
to make Commercial Containers of adequate size available upon request to any
Commercial Unit within the corporate limits of City. The Commercial Containers
provided by Contractor shall be equipped with suitable operable covers to prevent
blowing or scattering of refuse (except for roll-off containers); shall be maintained in
good order, appearance, and in a sanitary condition; shall be of uniform color or color
scheme; and shall be clearly marked with Contractor's name and telephone number.
Any damages to screening structures caused by Contractor will be repaired in a
timely manner. Commercial Containers shall be serviced at least once per week
and with additional frequency as needed to maintain the premises free of
accumulation of waste and to prohibit unsightly accumulation of such waste
materials or fire hazards. In instances where the Garbage Containers are contained
within a gated enclosure area, Contractor shall insure the gates of said enclosure
area are closed after Garbage Containers are serviced. The City will resolve any
disputes between Contractor and a Commercial Unit account. The decision by the
City will be final and binding on Contractor and the Commercial Unit customer.
2.7 Christmas Tree Collection. Contractor shall provide annual curbside Christmas
tree collection citywide for all residential customers one full collection cycle after
both Christmas and New Year's. Dates may be modified by joint agreement of
Contractor and the City Manager. The City has its own Christmas tree collection
location for recycling.
SECTION 3.
SPECIAL PROVISIONS
3.1 Hauling Rights. Contractor is hereby granted the sole and exclusive franchise,
license, and privilege within the corporate limits of the City to engage in the business
of collecting and disposing of Commercial Construction Debris, Residential and
Commercial Garbage, Trash, Yard Waste, Bulky Waste, Debris, Residential Repair
Ordinance No. 2172, Page 7 of 27
Debris, Bundled Brush, Loose Brush, Rubbish, Trees, Refuse and other waste
material as specified herein, and the City hereby grants to Contractor permission to
use the public streets, alleys, easements, and thoroughfares within the corporate
limits of the City for the purpose of such collection and disposal. Scavenging or
hauling by other individuals or companies on a non-fee basis shall be permitted.
3.2 Spillage. Contractor shall not be responsible for scattered Refuse, Rubbish or other
waste materials unless the same has been caused by its acts or those of any of its
employees, subcontractors or agents, in which case all scattered Refuse, Rubbish
or other waste materials shall be picked up immediately by Contractor. A fork, push
broom and a scoop type shovel shall be maintained on each of Contractor's trucks
for clean-up activity. Contractor will not be required to clean up or collect loose
Refuse, Rubbish, waste material or spillage not caused by the acts of its employees,
subcontractors or agents, but shall report the location of such conditions to the City
so that proper notice can be given to the customer at the premises to properly contain
Refuse, Rubbish, waste material or other spillage. Commercial Unit Refuse, Rubbish
or other waste spillage or excess Refuse, Rubbish or other waste material shall be
picked up by Contractor after the customer reloads the Commercial Container. In
the case of Commercial Unit customers, Contractor shall require the Commercial Unit
customer to increase the frequency of collection of the Commercial Unit customer's
Refuse, Rubbish and other waste material or require the Commercial Unit customer
to utilize a Commercial Container with a larger capacity, and Contractor shall be
compensated for such additional services.
3.3 Vicious Animals. Employees of Contractor shall not be required to expose
themselves to the dangers of vicious animals in order to accomplish Contractor's
collection obligations hereunder in any case where the owner or tenants of a
Residential Unit or Commercial Unit have animals at large, but Contractor shall
immediately notify the City, in writing, of such condition and of its inability to make
collection.
3.4 Regular Service for City Owned or Operated Facilities. Contractor shall
provide for, at no charge to the City, the collection, transportation, and disposal of
waste accumulated by the City at all City owned, operated, or other City designated
sites. Regular service shall include the free provision, collection, and hauling of
dumpsters and/or roll-off containers as requested by the City for ongoing and
special events. A City Facility Landfill Rate has been included in the schedule
attached hereto as Exhibit "A", for use of City owned vehicles to dispose at the
Arlington Landfill.
3.5 Hazardous and Medical Waste. Anything to the contrary herein notwithstanding, it
is specifically understood and agreed that the collection and disposal of Hazardous
Waste and/or Medical Waste by Contractor is not authorized, required or governed
by this Agreement and that the disposal of Hazardous Waste and/or Medical Waste
by Contractor (should Contractor choose to do so) shall be in compliance with all
federal, state, and local laws and regulations.
Ordinance No. 2172, Page 8 of 27
SECTION 4.
CONTRACTOR'S OPERATION
4.1 Hours of Operation. Collection from Residential Units shall not start before 7:00
a.m. or continue after 7:00 p.m. on the same day. Collection from Commercial Units
may be performed at any time so long as such Commercial Units are not within 200
feet of a residential structure. Collection from Commercial Units within 200 feet of
residential structures shall not start before 7:00 a.m. or continue after 9:00 p.m. on
the same day. Exceptions to collection hours shall be allowed only upon the mutual
agreement, in writing, of the City and Contractor or when Contractor reasonably
determines that an exception is necessary in order to complete collection on an
existing collection route due to unusual circumstances.
4.2 Routes of Collection. Residential collection routes shall be established according
to current City routes. Contractor shall submit a map designating the collection
routes and proposed days of collection to the City for approval. Contractor shall
submit any change in the residential collection routes to the City Manager for
approval. Contractor may propose to the City changes in routes or days of collection.
Upon the City Manager's approval of the proposed changes, Contractor shall
promptly give written or published notice to the affected Residential Units.
4.3 Holidays. The following shall be holidays for purposes of this Agreement:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Contractor may decide to observe any or all of the above-mentioned holidays by
suspension of collection services for the holiday. Make-up days shall be the next
business day following the holiday. Contractor shall provide 45 days written notice
to the City Manager of its election to observe any such holiday.
4.4 Complaints and Non-Performance. Service complaints shall be handled in the
following order:
4.4.1 Service Complaints - Contractor. All service complaints shall initially be
directed to Contractor and shall be addressed within 24 hours of receipt of
such complaint and shall be promptly resolved. Contractor shall be
responsible for maintaining a log of complaints, and shall provide the City
on a monthly basis with copies of all complaints indicating the date and hour
of the complaint, nature of the complaint, and the manner and timing of its
resolution.
4.4.2 Service Complaints -City. The City shall notify Contractor of each complaint
reported to the City. It shall be the duty of Contractor to take whatever steps
Ordinance No. 2172, Page 9 of 27
are necessary to remedy the cause of the complaining and notify the City of
its disposition of same by the end of the next business day.
4.4.3 Damage - Private Property. Contractor shall provide the City with a full
explanation of the disposition of any complaint involving a customer's claim of
damage to private property resulting from actions of Contractor's employees,
agents, or subcontractors.
4.4.4 Complaint Procedures. Contractor shall provide the City with information
regarding complaint procedures, rules and regulations, and day(s) of
collection, etc. Information is to be in the form of printed material distributed
by Contractor.
4.4.5 Performance Penalties. Failure or neglect to remedy any missed collection
of Refuse from any premises on the same day if notified by 2 p.m. or within
24 hours with notification after 2 p.m. of missed scheduled service may result
in a twenty-five dollar($25) penalty for each failure. Additionally, subsequent
failure(s) at the same address within any 30-day period may result in a fifty
dollar ($50) penalty per service failure.
In addition to any penalties levied above, failure or neglect to collect twenty-
five (25) or more residences by 7 p.m. on any single regularly scheduled
collection day two (2) or more times in any thirty(30) day period in any portion
of the city may result in a fifty ($50) penalty per residence for each failure.
In the event that the interruption is caused by an act of God including, but not
limited to: flood, tornado, ice, snow, or similar contingency beyond the
reasonable control of Contractor, Contractor shall seek consent of the City to
temporarily interrupt service and such consent shall not be unreasonably
withheld. Consent shall not be given for mechanical failure, labor action, or
seasonal volume variations. For a period of service interruption to which the
City has consented, performance penalties may be waived.
4.5 Reporting Requirements. Contractor shall provide the City with monthly service
reports within two (2) weeks of the end of the reporting period. Monthly reports
shall include tonnage of materials collected. Contractor shall also provide the City
with an annual report no later than May 1, of each year of the Term of this
Agreement. Annual reports shall include a summary of the tonnage of materials
collected and summary of the public awareness activities and community
involvement.
4.6 Equipment. Contractor, at its sole cost and expense, shall provide all trucks,
equipment, machines, and labor which are reasonably necessary to adequately,
efficiently, and properly collect and transport Refuse from accounts serviced by
Contractor in accordance with this Agreement.
4.6.1 Type. Contractor shall use only vehicles with bodies which are watertight to
a depth of not less than eighteen (18) inches, with solid sides, using pneumatic
Ordinance No. 2172, Page 10 of 27
tires. All equipment utilized by Contractor shall be kept in good repair,
appearance and in a sanitary condition at all times. No trucks utilized pursuant
to this Agreement shall be more than ten (10) years old.
4.6.2 Amount. Contractor shall provide sufficient equipment in a proper operating
condition so regular schedules and routes of collection can be maintained.
4.6.3 Condition. Equipment is to be maintained in a clean and safe working
condition and shall be painted uniformly. No third party advertising shall be
permitted on vehicles. Vehicles must have Contractor's name and phone
numbers in letters and numbers legible from 150 feet and a unit number. The
City shall have the right to inspect all equipment and may require Contractor
not to use a piece of equipment for good and reasonable cause.
4.6.4 Protection from Scattering. Each vehicle shall be equipped with a cover,
which may be net with mesh not greater than one and one-half(1-1/2) inches,
or a tarpaulin, or fully enclosed metal top to prevent leakage, blowing or
scattering of waste material onto public or private property. Such cover shall
be kept in good order and used to cover the load going to and from the
Disposal Site, during loading operations, or when parked if contents are likely
to be scattered. Vehicles shall not be overloaded so as to scatter solid waste
material, however, if solid waste material is scattered from Contractor's
vehicle for any reason, it shall be picked up immediately. Each vehicle shall
be equipped with a fork, broom and shovel for this purpose.
4.6.5 Weight Limits. Contractor agrees to utilize residential collection vehicles with
a 25 cubic yard Rear Load truck that will not exceed a 50,000 pound Gross
Vehicle Weight for collections from all Residential Units. Contractor agrees
that commercial collection vehicles will not exceed a 54,000 pound Gross
Vehicle Weight.
4.6.6 Miscellaneous. Vehicles are to be washed on the inside and sanitized with
a suitable disinfectant and deodorant a minimum of once a month. Such
vehicles shall be washed and painted or repainted as often as necessary to
keep them in a neat and sanitary condition.
Contractor's vehicles are not to interfere unduly with vehicular or pedestrian
traffic, and vehicles are not to be left standing on streets unattended except
as made necessary by loading operations.
4.7 Office. Contractor agrees, at its own expense, to keep an office open in Tarrant
County, to provide a toll-free or metro telephone number and to provide a telephone
answered (mechanical answering machine is not acceptable) from 7:00 a.m. to 6:00
p.m., Monday through Friday and 8:00 a.m. to 2:00 p.m. on Saturday, excluding legal
holidays, for the purpose of handling complaints and other calls regarding solid waste
collection service. Contractor shall keep competent personnel in the office during the
time the office is required to be open to the public, and the office personnel shall have
authority to represent Contractor in its relations with the public. Contractor shall also
Ordinance No. 2172, Page 11 of 27
provide the City a telephone number by which Contractor can be contacted for after-
hour emergencies. Contractor shall keep and maintain in the office a daily log of all
the service calls, which shall show the nature of the call, complaint, or communication
and the disposition thereof by Contractor. The City shall have the right to inspect the
daily log at any reasonable time. Throughout the term of this Agreement, Contractor
shall establish and maintain an authorized Managing Agent and shall designate in
writing to the City Manager the name, telephone number, and address of such agent
upon whom all notices shall be served by the City and to whom complaints received
from citizens of the City may be directed. Service upon Contractor's Managing Agent
shall always constitute service upon Contractor. Contractor agrees to secure an
annual listing in the local telephone directory in both the white and yellow pages, as
well as an easily locatable online listing, under the name by which it conducts
business in the City.
4.8 Disposal of Refuse. Subject to the terms and conditions of this Agreement,
Contractor shall be responsible to dispose of the solid waste material it is required to
collect hereunder according to the City, county, state, and federal regulations at
Contractor's expense. Contractor guarantees that they own, lease, or control
adequate disposal capacity for the life of this Agreement and all extensions. Title to
Commercial Construction Debris, Residential and Commercial Garbage, Trash, Yard
Waste, Bulky Waste, Debris, Residential Repair Debris, Bundled Brush, Loose
Brush, Rubbish, Trees, Refuse and other waste material as specified herein shall
pass to Contractor when placed in Contractor's collection vehicle, removed by
Contractor from a Bin or Container, or removed by Contractor from the customer's
premises, whichever last occurs.
4.9 Hazardous Weather Force Majeure & Exclusions And Conditions. Contractor
may cancel a portion or all of a scheduled service day due to hazardous weather
conditions. Contractor will provide immediate written notice to the City via facsimile
transmission or e-mail of its cancellation of all or a portion of a scheduled service day.
Notwithstanding anything herein to the contrary, Contractor shall not be liable for
the failure to perform its duties if such failure is caused by a catastrophe, riot, war,
governmental order or regulation, fire, Act of God, or other similar or different
contingency beyond the reasonable control of Contractor excluding mechanical
failure or labor actions. Regular service work under this Agreement does not
include the collection and disposal of any increased volume resulting from a flood,
hurricane, or similar or different Act of God over which Contractor has no control.
In the event of such a flood, hurricane, or Act of God, Contractor shall, at the
request of the City, collect and dispose of storm related debris. A City Storm
Clean-Up Rate has been included in the schedule attached hereto as Exhibit "A".
Contractor agrees to provide twelve (12) hours annually of such service at no
charge to the City. In the event of hazardous weather, the City shall grant to
Contractor variances in route and schedules as deemed necessary to maintain the
service levels as described in this Agreement.
4.10 Records. The City and Contractor agree to maintain at their respective places of
business adequate books and records relating to the performance of their
respective duties under the provisions of this Agreement and such books and
Ordinance No. 2172, Page 12 of 27
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
Contractor is in all respects an independent contractor as to the work, licenses, or
privileges granted herein, notwithstanding Contractor is bound to follow the direction
of designated City officials, and that Contractor is in no respect an officer, agent,
servant or employee of the City. This Agreement specifies the work to be done by
Contractor, but the method to be employed to accomplish this work shall be the
responsibility of Contractor, unless otherwise provided in this Agreement. It is further
understood and agreed that Contractor shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors, subcontractors
and licensees; that the doctrine of respondent superior shall not apply as between
the City and Contractor; and that nothing herein shall be construed as creating a
partnership or joint enterprise between the City and Contractor.
5.2 Assignment. This Agreement, and any and all rights and obligations of Contractor
hereunder, may be assigned to any parent company, affiliate or subsidiary of
Contractor without the consent of the City. No assignment of this Agreement or any
right accruing under this Agreement shall be made in whole or in part by Contractor
without the express written consent of the City, which consent shall not be
unreasonably withheld. No such consent will be construed as making the City a
party of or to such assignment or subcontract, or subjecting the City to liability of any
kind to any subcontractor. No assignment shall, under any circumstances, relieve
Contractor of its liability and obligation under this Agreement, and despite any such
assignment, the City shall deal through Contractor. Subcontractors will be dealt with
as workers and representatives of Contractor, and as such shall be subject to the
same requirements as to character and competence as are other employees of
Contractor.
5.3 City Manager to be Referee. To prevent misunderstanding and litigation, the City
Manager shall decide any and all questions which may arise concerning the quality
and acceptability of the work and services performed, the sufficiency of the
performance, and the acceptable fulfillment of this Agreement on the part of
Contractor; and the City Manager will determine whether or not the amount, quantity,
character, and quality of the work performed is satisfactory. The City Manager shall
make such explanation as may be necessary to complete, explain, or make definite
the provisions of this Agreement and his reasonable findings and conclusions shall
be final and binding on both parties. If at any time during the term of this Agreement
performance of Contractor does not meet the standards set forth herein, Contractor,
upon notification by the City, shall increase the forces, tools, or equipment as needed
to properly perform this Agreement. The failure of the City to give such notification
shall not relieve Contractor of the obligation to perform the work at the time and in
Ordinance No. 2172, Page 13 of 27
the manner specified by this Agreement. Contractor and the 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. Contractor shall furnish the City Manager or his authorized
representative with every reasonable opportunity for ascertaining whether or not the
work as performed is in accordance with the requirements of this Agreement. The
City Manager may appoint qualified persons to inspect Contractor's operation and
equipment at any reasonable time, and Contractor shall allow authorized
representatives of the City to make such inspections.
5.5 Taxes. Except as specifically provided otherwise in this Agreement, Contractor shall
pay all federal, state, and local taxes including sales tax, social security, worker's
compensation, unemployment insurance, ad valorem, and other required taxes
which may be chargeable against labor, material, equipment, real estate, and other
items necessary to and in performance of this Agreement.
5.6 City not Liable for Delays. It is expressly understood and agreed that, except as
otherwise provided herein, in no event shall the City be liable or responsible to
Contractor or to any other person for any stoppage or delay in the work herein
provided for, by injunction or other legal or equitable proceedings brought against
Contractor, or from or on account of any delay from cause over which the City has
no control.
5.7 Licenses, Permits, and Fees. Contractor agrees to obtain and pay for all licenses,
permits, certificates, inspections, and other fees required by law or otherwise
necessary to perform the services prescribed hereunder. Contractor shall also pay,
at his own expense, all disposal fees associated with the collection, removal, and
disposal of Refuse.
5.8 Term. This Agreement shall be for a five (5) year period beginning March 1, 2018,
and ending five (5) years thereafter.
5.9 Renewal. This Agreement may be renewed and extended for one (1) additional five
(5) year period upon the mutual agreement of both parties.
5.10 Termination For Cause. If at any time Contractor shall fail to substantially perform
terms, covenants, obligations or conditions herein set forth, the City shall notify
Contractor by registered or certified mail addressed to Contractor at the address
set forth herein of specific reasons in support of the City's claim that Contractor
has substantially breached the terms and provisions of this Agreement. Contractor
shall be allowed a thirty (30) day period from the date of receipt of said notice from
the City to remedy any failure to perform. Should the City deem the failure to
perform remedied, no public hearing shall be held.
Should Contractor fail to remedy its performance, after a public hearing described
herein, the City may terminate this Agreement and the rights and privileges granted
Ordinance No. 2172, Page 14 of 27
to Contractor herein. A notice shall be sent to Contractor no later than ten (10)
days before a public hearing is scheduled. The notice shall specify the time and
place of the public hearing and shall include the specific reasons in support of
City's claim that Contractor has substantially breached the terms and provisions of
this Agreement. Said hearing shall be conducted in public by the City Council and
Contractor shall be allowed to be present and shall be given full opportunity to
answer such claims as are set out against it in the aforesaid notice. If, after said
public hearing, the City Council makes a finding that Contractor has failed to
provide adequate refuse collection service for the City, or has otherwise
substantially failed to perform its duties hereunder, the City Council may terminate
this Agreement.
5.11 Nondiscrimination Clause. Contractor, in the execution, performance, or
attempted performance of this service under this Agreement, shall not discriminate
against any person because of sex, race, religion, color, national origin or any other
protected class under federal or state law. Contractor must be an equal
opportunity employer.
SECTION 6.
QUALITY OF SERVICE
6.1 Character of Workers and Equipment. The direction and supervision of waste
collection and disposal, and salvage operations shall be by competent, qualified,
properly licensed, drug free, uniformed, and sober personnel, and Contractor shall
devote sufficient personnel, time and attention to the direction of the operation to
assure performance reasonably satisfactory to the City. All subcontractors,
superintendents, foremen and workers employed by Contractor shall be careful and
competent. Any employee of Contractor who misconducts himself or is incompetent
or negligent in the due and proper performance of his duty, or is disorderly, dishonest,
under the influence of drugs or alcohol or grossly discourteous, shall be subject to
disciplinary measures or termination by Contractor.
6.2 Cooperation of Contractor Required. Contractor shall cooperate with authorized
personnel and representatives of the City in every reasonable way in order to
facilitate the progress of the work contemplated under this Agreement. Contractor
shall have at all times a competent and reliable representative available authorized
to receive orders and act on behalf of Contractor.
6.2.1 Contractor's Employees. Contractor shall assure that Contractor's
employees serve the public in a courteous, helpful and impartial manner.
6.2.2 Handling of Private Property - Contractor's Employees. Contractor's
employees collecting Refuse and Rubbish will be required to follow the regular
walk for pedestrians while on private property. Care shall be taken to prevent
damage to property including shrubs, flowers, and other plants.
Ordinance No. 2172, Page 15 of 27
SECTION 7.
WORKING CONDITIONS
7.1 Employee Protection. Contractor shall comply with all applicable state and federal
laws relating to wages, hours, and all other applicable laws relating to the
employment or protection of employees, now or hereafter in effect.
7.2 Employees' Salaries - Contractor. Contractor is required and hereby agrees by
acceptance of this Agreement to pay all employees not less than federal minimum
wage and to abide by other applicable requirements of the Fair Labor Standards Act.
7.3 Compliance with Laws and Regulations. Contractor hereby agrees to comply with
all applicable federal, state, county and City laws and regulations (including EPA
guidelines) applicable to the collection, transportation or disposal of solid waste or
the operations of Contractor under this Agreement. Contractor shall indemnify and
save harmless the City, all of its officers, agents, servants, licensees, contractors,
subcontractors and employees against any claim or liability arising from or based
upon the violation of any such laws, regulations, ordinances, orders or decrees,
whether by Contractor, its officers, agents, servants, employees, licensees,
contractors or subcontractors. It is agreed and understood that, if the City calls the
attention of Contractor to any such violations on the part of this Agreement, its
officers, agents, servants, employees, licensees, or subcontractors, then
Contractor shall immediately desist from and correct each violation.
SECTION 8.
INSURANCE, INDEMNIFICATION AND PERFORMANCE BOND
8.1 Minimum Insurance Coverage. Contractor at its own expense shall purchase,
maintain and keep in force insurance for the duration of this Agreement.
Minimum coverage shall be established as of commencement date for this
Agreement in the following amounts:
Type of Coverage Per Occurrence Aggregate
Minimum Minimum
Worker's Compensation As required by law and shall As required by
cover all employees including law.
drivers.
Comprehensive & General $1,000,000 $2,000,000
Public Liability
Property Damage $1,000,000 $2,000,000
Comprehensive Auto Liability $1,000,000
Bodily Injury
Comprehensive Auto Liability $500,000
Property Damage
Ordinance No. 2172, Page 16 of 27
8.2 Requirements of Insurance. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or
damages to property that may arise from or in conjunction with the performance of
the work hereunder by Contractor, its officers, agents, servants, employees,
licensees, or subcontractors. The cost of such insurance shall be borne by
Contractor. Upon execution of this Agreement, a notice of cancellation
endorsement will be provided to supplement the certificate of insurance and this
endorsement will provide the City with 30 days' notice in the event of cancellation
providing written evidence of the same to the City, and shall have each policy
including Worker's Compensation and Employer's Liability endorsed to provide a
waiver of subrogation in favor of the City. Insurance is to be placed with insurers
licensed in the State of Texas and rated A- or better by A.M. Best or A by Standard
and Poor's. Such policies of insurance shall provide that in the event of
cancellation or material change in the policy affecting the insured, thirty (30) days
prior written notice shall be given to the City.
8.3 Proof of Insurance. Contractor shall furnish to the city copies of the required
insurance policies or certificates of insurance in a form approved by the Texas
Department of Insurance showing proof of the required coverage and conditions
of insurance. Such proof of insurance shall be kept current throughout the term of
this Agreement or any renewal thereof.
8.4 Indemnification. Contractor will be responsible for any and all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses, and attorney's fees
arising out of a willful or negligent act or omission of Contractor, its officers, agents,
servants, employees, licensees and subcontractors in the performance of this
Agreement. The City will not be responsible for the negligence of Contractor, or any
of its officers, agents, servants, employees, licensees or subcontractors. Contractor
assumes all liability and responsibility for and hereby covenants and agrees to fully
indemnify, hold harmless, and defend the City, its officers, agents, servants, and
employees from and against any and all claims, suits, judgments, assessments,
costs, and expenses (including reasonable attorneys' fees) for property damage or
loss and/or personal injury, including death, to any and all persons of whatsoever
kind or character, whether real or asserted, arising out of or in connection with the
performance, attempted performance, or nonperformance of the work and services
described hereunder by Contractor or in any way resulting from or arising out of the
collection, transportation, and disposal of solid waste or refuse under this Agreement
by Contractor, including the work, services, operations, and legal duties of
Contractor, its officers, agents, servants, employees, subcontractors, contractors or
licensees, if any, save and except any damage or loss and/or personal injury,
including death, arising out of any acts or omissions of the City or the City's officers,
agents, servants, or employees. Contractor shall likewise assume all responsibility
and liability for and shall indemnify and hold harmless the City for any and all injury
or damage to City property arising out of or in connection with any and all negligent
acts or omissions of Contractor, its officers, agents, servants, employees,
subcontractors, contractors or licensees, including reasonable attorneys' fees
expended by the City in any suit or claim against Contractor for same.
Ordinance No. 2172, Page 17 of 27
8.5 Performance Bond. Contractor will be required to furnish a performance bond as
security for the faithful performance of this Agreement. The performance bond
must be in an amount equal to $250,000 annually for a term of five (5) years.
Contractor shall pay any and all premiums for the bonds described above. A
certificate from the surety showing that the bond premiums are paid in full shall
accompany the bond. Such certificate shall be submitted to the City with the bond
on an annual basis. Such letter is to be signed by an authorized representative of
the surety together with a certified and effectively dated copy of his power of
attorney attached thereto. The surety on the bond shall be a corporate surety duly
authorized to do business in the State of Texas.
SECTION 9.
CONTRACTUAL RATES, BILLING AND FRANCHISE FEES
9.1 Contractual Rates. Contractor is authorized to charge a Monthly Contractual Rate
for the collection and disposal of Acceptable Waste as follows:
A. Residential Unit. Monthly Contractual Rates for the twice weekly collection
of Acceptable Waste shall be as set forth in the schedule attached hereto as
Exhibit "A". Contractor agrees to pay City a 5% Franchise Fee and 5% Billing
Fee which will be remitted as set forth in Section 9.2.
B. Commercial and Industrial Unit. The Monthly Contractual Rates for
collection of Acceptable Waste shall be as set forth in the schedule attached
hereto as Exhibit "A". Contractor agrees to pay City a 5% Franchise Fee and
5% Billing Fee which will be remitted as set forth in Section 9.2.
C. Commercial Construction/Temporary Contracts. Contractor may have
commercial construction contracts or special temporary contracts where
Contractor will bill and collect fees at the rates set forth in the schedule
attached hereto as Exhibit A. Contractor is responsible for remitting to the
City a 5% Franchise Fee based on these billings on a monthly basis.
D. Special Pick Up. Contractor may bill and collect for Special Pick Up of
Acceptable Waste at the rates set forth in the schedule attached hereto as
Exhibit "A". Contractor is responsible for remitting to the City a 5% Franchise
Fee based on these billings on a monthly basis.
9.2 Billing and Collection. The City will serve as billing and collection agent for
Residential Unit and Commercial and Industrial Unit billings. The City agrees to bill
Residential Unit and Commercial and Industrial Unit customers on a monthly basis.
The City agrees to pay to Contractor on or before the fifteenth (15th) business day
following the end of the City's fourth weekly billing cycle in each month the Net
Monthly Customer Service Charge for the preceding month. The Net Monthly
Customer Service Charge shall be calculated as follows:
Ordinance No. 2172, Page 18 of 27
A. The "Gross Residential Monthly Customer Service Charge," which is
calculated by multiplying the Monthly Contractual Rate times the total number
of residential monthly customers based on a monthly revenue report
generated by the City;
B. PLUS the "Gross Commercial and Industrial Monthly Customer Service
Charge," which is calculated by multiplying the Monthly Contractual Rate
times the total number of commercial and industrial monthly customers based
on a monthly revenue report generated by the City;
C. LESS a Franchise Fee equal to five percent (5%) of both (I) the "Gross
Residential Monthly Customer Service Charge" and (II) the "Gross
Commercial and Industrial Monthly Customer Service Charge";
D. LESS a Billing Fee equal to five percent(5%) of both (I)the"Gross Residential
Monthly Customer Service Charge" and (II) the "Gross Commercial and
Industrial Monthly Customer Service Charge".
The City shall be entitled to establish rates by ordinance above the Monthly
Contractual Rates and collect amounts greater than the Gross Residential Monthly
Customer Service Charge and the Gross Commercial and Industrial Monthly
Customer Service Charge to compensate for administrative costs.
9.3 Sales Tax. The City shall collect and remit all appropriate sales taxes to the State
Comptroller's office of the State of Texas.
9.4 Rate Increase. Contractor will be eligible to receive an increase in Monthly
Contractual Rates on March 1, 2019, 2020, 2021, and 2022, as set forth in the
schedule attached hereto as Exhibit "A".
SECTION 10.
WORKING POLICIES
10.1 Commencement of Work. Contractor must commence operations upon the
beginning of the term of this Agreement, unless a delay is agreed upon by Contractor
and the City.
10.2 Operations During Dispute. In the event the City Council shall find that Contractor
has failed, or is failing to perform obligations under this Agreement, it shall be the
duty of the City Council to enter into a formal finding of that fact upon the minutes
and send a certified copy of such finding by certified mail to Contractor, or have same
delivered to Contractor personally. In such event, Contractor shall have ten (10)days
to correct or cure the failures so found by the City Council. Should Contractor fail to
correct or cure such failures within such ten (10) day period, Contractor agrees that
the City shall thereupon be entitled to take over all operations under this Agreement,
and Contractor shall cooperate to the extent necessary to enable the City to do so.
Ordinance No. 2172, Page 19 of 27
10.3 Amendments. This Agreement contains the entire agreement of the parties hereto
concerning the subject matter hereof, and no other written or verbal agreements or
understandings exist. Amendments which are consistent with the purposes of this
Agreement may be made with the mutual consent of the parties and in accordance
with the City Charter and other applicable laws and ordinances provided, however,
that no amendment hereto shall be effective unless made by written instrument
signed by the parties hereto.
10.4 Notices. Any notice required or permitted to be delivered hereunder shall be in
writing and shall be deemed to be delivered when deposited in the United States
mail, postage paid, certified mail, return receipt requested, addressed to the
respective part of the address set forth below:
If to the City: City of Euless
ATTN: City Secretary
201 N. Ector Drive
Euless, Texas 76039-3595
If to the Contractor: Allied Waste Services of Fort Worth
ATTN: General Manager
6100 Elliott-Reeder Road
Fort Worth, Texas 76117
Or such other addresses as the parties may hereafter specify by written notice
delivered in accordance herewith.
10.5 Venue. This Agreement is entered into and wholly performable in Tarrant County,
Texas. Should any action, whether real or asserted, at law or in equity, arise out of
the terms and conditions of this Agreement, or be in any way connected therewith,
venue for said action shall be in Tarrant County, Texas.
10.6 Ordinances. The City agrees to pass such ordinances as are necessary to
effectuate all terms of this Agreement, including all duties and obligations required of
customers, and such ordinances or actions as are necessary to protect the franchise,
license and privilege herein granted to Contractor from any infringement of same by
third parties.
10.7 Counterparts. This Agreement may be executed in any number of counterparts,
each of which will, for all purposes, be deemed to be an original, and all of which are
identical.
10.8 Severability. In the event that any provision or portion thereof of this Agreement
shall be found to be invalid or unenforceable, then such provision or portion thereof
shall be performed in accordance with applicable laws. The invalidity or
unenforceability of any provision or portion of this Agreement shall not affect the
validity or enforceability of any other provision or portion of this Agreement.
Ordinance No. 2172, Page 20 of 27
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. Contractor will pay$9,000 by April 1, of each
year for a hazardous waste collection day once a year for the term of this
Agreement.
10.11 Educational Program. Contractor shall invest $3,000 annually for solid waste
education. These funds are payable to the City for printed material to be used for
educational programs for solid waste. This payment is due on or before the 15th
day of October for each year of the term of this Agreement.
10.12 Special Projects. The City and Contractor agree to discuss and implement certain
projects for the continued good service of the citizens of the City. Any new service
standards must first be approved by the City Council.
EXECUTED this 14 day of November , 2017, in Tarrant
County, Texas.
CITY OF EULESS ALLIED WAST SERVICES
By: eit_e /di BY Am.A
Loretta Getc ell
City Manager `` Area President
ATTEST: ,
By. , 0P-
'• -_Eu,. •
�
--
Kim Sutter, TRMC<,. ° s
City Secretary
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S +{\``e
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Ordinance No. 2172, Page 21 of 27
SECTION 11.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared invalid or unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this
ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 12.
PUBLICATION CLAUSE. The City Council further directs that only the caption of
this ordinance be published in accordance with Article XI, Section 3 of the City Charter.
SECTION 13.
EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days
from and after its passage and publication as provided by the Euless City Charter and the
laws of the State of Texas.
PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless
City Council on October 10, 2017, by a vote of 6 ayes, 0 nays, and 0 abstentions.
PRESENTED AND PASSED ON SECOND AND FINAL READING at a regular
meeting of the Euless City Council on November 14, 2017, by a vote of 6 ayes,
a nays, and 0 abstentions.
APPROVED: APPROVED AS TO FORM:
41
Linda M. in, Mayor Wayne Olson, City Attorney
ATTEST:
__
, Sys,
i •utter, RMC, City Secretary
Ordinance No. 2172, Page 22 of 27
EXHIBIT "A"
MONTHLY CONTRACTUAL RATES
Monthly Rates (in dollars)
Effective March 1, 2018 through February 28, 2019
Residential curbside: $9.54/month
Backdoor service: $12.62/month
Commercial Front-Load Rates
Pickups Per Week
SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA DELIVERY
2 YD 62.77 118.12 157.29 229.53 277.96 321.71 21.57 44.83
3 YD 89.06 155.75 205.73 274.28 338.20 386.97 32.40 44.83
4 YD 107.59 188.43 260.01 339.20 409.49 467.67 43.19 44.83
6 YD 136.29 258.21 365.79 476.98 589.95 670.40 60.96 44.83
8 YD 157.80 317.39 442.91 561.26 704.71 805.99 69.94 44.83
Commercial Roll Off Rates
SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT
PER DAY PER LOAD PER CONTAINER
20 YD OPEN 107.59 8.06 412.79 373.66
30 YD OPEN 107.59 8.06 493.13 373.66
40 YD OPEN 107.59 8.06 564.85 373.66
28 YD COMP NEGO NEGO 613.47 NEGO
30 YD COMP NEGO NEGO 641.36 NEGO
35 YD COMP NEGO NEGO 711.12 NEGO
40 YD COMP NEGO NEGO 780.86 NEGO
42 YD COMP NEGO NEGO 808.77 NEGO
Commercial hand load two (2) times per week: $24.21 per month (limit four(4) bags).
Casters-$17.93/month
Locks-$8.98/month
City facility landfill rates at the Arlington landfill: $28.74/Load
City storm clean-ups (includes disposal): Claw Truck-$114.09/per hour/per truck
Rear load Truck: $164.62/per hour/per truck
Special Pick Up Rates
1-5 yds 6-10 yds 10-15 yds >15 yds
40.94 102.38 184.27 Roll off Rates Will Apply
Includes a 5% Franchise Fee and 5% Billing Fee
Direct billings by contractor for commercial construction contracts or special temporary contracts are
subject to five (5) percent franchise fee only.
Ordinance No. 2172, Page 23 of 27
Monthly Rates (in dollars)
Effective March 1, 2019 through February 28, 2020:
Residential curbside: $9.83/month
Backdoor service: $13.01/month
Commercial Front-Load Rates
Pickups Per Week
SIZE 1 X 2X 3X 4X 5X 6X EXTRA DELIVERY
2 YD 64.65 121.66 162.01 236.41 286.29 331.36 22.22 46.17
3 YD 91.74 160.42 211.90 282.51 348.35 398.58 33.38 46.17
4 YD 110.82 194.08 267.81 349.38 421.77 481.70 44.48 46.17
6 YD 140.38 265.96 376.77 491.29 607.65 690.51 62.78 46.17
8 YD 162.53 326.92 456.20 578.10 725.85 830.16 72.04 46.17
Commercial Roll Off Rates
SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT
PER DAY PER LOAD PER CONTAINER
20 YD OPEN 110.82 8.31 425.18 384.87
30 YD OPEN 110.82 8.31 507.93 384.87
40 YD OPEN 110.82 8.31 581.80 384.87
28 YD COMP NEGO NEGO 631.87 NEGO
30 YD COMP NEGO NEGO 660.60 NEGO
35 YD COMP NEGO NEGO 732.46 NEGO
40 YD COMP NEGO NEGO 804.29 NEGO
42 YD COMP NEGO NEGO 833.03 NEGO
Commercial hand load two (2) times per week: $24.94 per month (limit four(4) bags).
Casters-$18.47/month
Locks-$9.25/month
City facility landfill rates at the Arlington landfill: $ 29.60/Load
City storm clean-ups (includes disposal): Claw Truck-$117.51/per hour/per truck
Rear load Truck: $169.56/per hour/per truck
Special Pick Up Rates
1-5 yds 6-10 yds 10-15 yds >15 yds
42.17 105.45 189.80 Roll off Rates Will Apply
Includes a 5% Franchise Fee and 5% Billing Fee
Direct billings by contractor for commercial construction contracts or special temporary contracts are
subject to five (5) percent franchise fee only.
Ordinance No. 2172, Page 24 of 27
Monthly Rates (in dollars)
Effective March 1, 2020 through February 28, 2021:
Residential curbside: $10.12/month
Backdoor service: $13.40/month
Commercial Front-Load Rates
Pickups Per Week
SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA DELIVERY
2 YD 66.59 125.31 166.87 243.50 294.88 341.30 22.88 47.56
3 YD 94.49 165.23 218.26 290.98 358.80 410.54 34.38 47.56
4 YD 114.15 199.90 275.85 359.86 434.42 496.15 45.82 47.56
6 YD 144.59 273.94 388.07 506.03 625.88 711.22 64.67 47.56
8 YD 167.41 336.72 469.88 595.44 747.62 855.07 74.20 47.56
Commercial Roll Off Rates
SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT
PER DAY PER LOAD PER CONTAINER
20 YD OPEN 114.15 8.56 437.93 396.42
30 YD OPEN 114.15 8.56 523.16 396.42
40 YD OPEN 114.15 8.56 599.25 396.42
28 YD COMP NEGO NEGO 650.83 NEGO
30 YD COMP NEGO NEGO 680.42 NEGO
35 YD COMP NEGO NEGO 754.43 NEGO
40 YD COMP NEGO NEGO 828.42 NEGO
42 YD COMP NEGO NEGO 858.02 NEGO
Commercial hand load two (2) times per week: $25.68 per month (limit four(4) bags).
Casters-$19.02/month
Locks-$9.53/month
City facility landfill rates at the Arlington landfill: $ 30.49/Load
City storm clean-ups (includes disposal): Claw Truck-$121.04/per hour/per truck
Rear load Truck: $174.65/per hour/per truck
Special Pick Up Rates
1-5 yds 6-10 yds 10-15 yds .>15 yds
43.43 108.61 195.49 Roll off Rates Will Apply
Includes a 5% Franchise Fee and 5% Billing Fee
Direct billings by contractor for commercial construction contracts or special temporary contracts are
subject to five (5) percent franchise fee only.
Ordinance No. 2172, Page 25 of 27
Monthly Rates (in dollars)
Effective March 1, 2021 through February 28, 2022:
Residential curbside: $10.43/month
Backdoor service: $13.80/month
Commercial Front-Load Rates
Pickups Per Week
SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA DELIVERY
2 YD 68.59 129.07 171.88 250.81 303.73 351.54 23.57 48.98
3 YD 97.32 170.19 224.81 299.71 369.56 422.85 35.41 48.98
4 YD 117.57 205.90 284.12 370.65 447.46 511.04 47.19 48.98
6 YD 148.93 282.15 399.71 521.21 644.66 732.56 66.61 48.98
8 YD 172.43 346.83 483.98 613.30 770.05 880.72 76.42 48.98
Commercial Roll Off Rates
SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT
PER DAY PER LOAD PER CONTAINER
20 YD OPEN 117.57 8.81 451.07 408.31
30 YD OPEN 117.57 8.81 538.86 408.31
40 YD OPEN 117.57 8.81 617.23 408.31
28 YD COMP NEGO NEGO 670.35 NEGO
•
30 YD COMP NEGO NEGO 700.83 NEGO
35 YD COMP NEGO NEGO 777.06 NEGO
40 YD COMP NEGO NEGO 853.27 NEGO
42 YD COMP NEGO NEGO 883.76 NEGO
Commercial hand load two (2) times per week: $26.45 per month (limit four(4) bags).
Casters-$19.59/month
Locks-$9.81/month
City facility landfill rates at the Arlington landfill: $ 31.40/Load
City storm clean-ups (includes disposal): Claw Truck-$124.67/per hour/per truck
Rear load Truck: $179.88/per hour/per truck
Special Pick Up Rates
1-5 yds 6-10 yds 10-15 yds >15 yds
44.74 111.87 201.36 Roll off Rates Will Apply
Includes a 5% Franchise Fee and 5% Billing Fee
Direct billings by contractor for commercial construction contracts or special temporary contracts are
subject to five (5) percent franchise fee only.
Ordinance No. 2172, Page 26 of 27
Monthly Rates (in dollars)
Effective March 1, 2022 through February 28, 2023:
Residential curbside: $10.74/month
Backdoor service: $14.21/month
Commercial Front-Load Rates
Pickups Per Week
SIZE 1 X 2X 3X 4X 5X 6X EXTRA DELIVERY
2 YD 70.65 132.95 177.03 258.33 312.84 362.09 24.28 50.45
3 YD 100.24 175.29 231.55 308.70 380.65 435.54 36.47 50.45
4 YD 121.10 212.08 292.65 381.77 460.88 526.37 48.61 50.45
6 YD 153.40 290.62 411.70 536.85 664.00 754.54 68.61 50.45
8 YD 177.60 357.23 498.50 631.70 793.15 907.14 78.71 50.45
Commercial Roll Off Rates
SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT
PER DAY PER LD PER CONT
20 YD OPEN 121.10 9.08 464.60 420.56
30 YD OPEN 121.10 9.08 555.03 420.56
40 YD OPEN 121.10 9.08 635.75 420.56
28 YD COMP NEGO NEGO 690.46 NEGO
30 YD COMP NEGO NEGO 721.86 NEGO
35 YD COMP NEGO s NEGO 800.37 NEGO
40 YD COMP NEGO NEGO 878.87 NEGO
42 YD COMP NEGO NEGO 910.27 NEGO
Commercial hand load two (2) times per week: $27.25 per month (limit four(4) bags).
Casters-$20.18/month
Locks-$10.11/month
City facility landfill rates at the Arlington landfill: $ 32.35/Load
City storm clean-ups (includes disposal): Claw Truck-$128.41/per hour/per truck
Rear load Truck: $185.28/per hour/per truck
Special Pick Up Rates
1-5 yds 6-10 yds 10-15 yds >15 yds
46.08 115.23 207.40 Roll off Rates Will Apply
Includes a 5% Franchise Fee and 5% Billing Fee
Direct billings by contractor for commercial construction contracts or special temporary contracts are
subject to five (5) percent franchise fee only.
Ordinance No. 2172, Page 27 of 27
Star-Telegrj;p
Arlington Citizen-Journal I The Keller Citizen I La Estrella
Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telecgrant
star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-63151800.776.7827
AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Amount I Cols I Depth
600565 0003334143 CITY OF EULESS ORDINANCE NO., AN OI $51.12 1 71.00 Li
Attention: THE STATE OF TEXAS
CITY OF EULESS ACCOUNTS PAYABLE DEPT. County of Tarrant
201 N ECTOR DR
EULESS, TX 760393543 Before me, a Notary Public in and for
said County and State,this day
personally appeared CHRISTINE
LOPEZ, Bid and Legal Coordinator
for the Star-Telegram, published by
CITY OF EULESS the Star-Telegram, Inc. at Fort
ORDINANCE N0.2172 Worth, in Tarrant County, Texas;and
AN ORDINANCE GRANTING A
FRANCHISE TO ALLIED WASTE who, after being duly sworn, did
SERVICES OF FORT WORTHde ose and sa that the attached
L.L.C., FOR SOLID WASTE, P Y
SERVICES FOR THE COLLEC- clipping of an advertisement was
TION OF RESIDENTIAL AND PP 9
WITIHIN THELCITY SOLID
OF EULESSE WASTpublished in the above named paper
PROVIDING THE TERMS AND on the listed dates:
CONDITIONS THEREOF; PRO-
VIDING AN EFFECTIVE DATE;
PROVIDING A TERMINATION
DATE; AND PROVIDING q
SEVERABILITY CLAUSE.
PUBLICATIONCC AUSE.TION 12. The City 2 Insertion(s)
Council further directs that only
the caption of this ordinance be Published On:
published
XI,dSectionr 3a ofe he hCt y October 13,2017,October 14,2017
Charter.
EFFECTIVE SDATE..NThis 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 Oc-
tober 10, 2017, by a vote of 6
ayes,0 nays,and 0 abstentions.
ORDINANC
NO.2173
AN ORDINANCE GRANTING A
FRANCHISWASTE RECYCLING
DESPOSAL,TO O LI.P U THE
RECYCLING SERVICES FOR THE �`--
COLLECTION OF RESIDENTIAL
AND APARTMENT RECYCLA- (Principal Clerk)S
BLES WITHIN THE CITY OF EU-
LESS; PROVIDING THE TERM
AND CONDITIONS THEREOF; SUBSCRIBED AND SWORN TO
DATE;PROVIDING NG A T RM NANG AN E
BEFORE ME,THIS 18th day of
TION DATE;AND PROVIDING A
SEVERABILITY CLAUSE. October In the year Of 2017
12.
PUBLICATIONCTION CLAUSE. The City
I the caption ofrthlis Ordinance be
Published in accordance with Ar.
title XI, Section 3 of the City
Charter.SECTION Notary Public
EFFECTIVEDTE. This ordinance
shall be in full force and effect
thirty(30) days from and after
its passage and publication as
Provided by theEulessCity
Charter and the laws of the
PRE tate of
D exas. GIVEN FIRS
I READING at a regular meet ng
ofthe Euless City Council on Oc-
tober 10, 2017, by a vote of 6
"� 0 nays,and 0 abstentions
CITY OF EULESS
ORDINANCE NO.2172
AN ORDINANCE GRANTING A
FRANCHISE TO ALLIED WASTE
SERVICES OF FORT WORTH,
L.L.C., FOR SOLID WASTE
SERVICES FOR THE COLLEC-
TION OF RESIDENTIAL AND
STATE OF TEXAS COMMERCIAL SOLID WASTE
WITHIN THE CITY OF EULESS;
COUNTY OF TARRANT PROVDING THE TERMS AND
CONDITIONS THEREOF; PRO-
VIDING AN EFFECTIVE DATE;
PROVIDING A TERMINATION
DATE; AND PROVIDING A
SEVERABILITY CLAUSE.
SECTION 12.
PUBLICATION CLAUSE. The City
Council further directs that only
the caption of this ordinance be
published in accordance with Ar-
ticle XI, Section 3 of the City
Charter.
SECTION 13.
EFFECTIVE DATE. This ordinance
Bere e,a Nota Public in aT a ' for said County and State,this day th 11 be in days free and effect
after
c 00T..'
its passage and publication as
ersonall a earedprovided by the Euless City
p y pp ,Advertising Charter Texas he laws of the
tate for the Star-Telegram,pu lished by the Star-Telegram,Inc. at Fort Worth, in Tarrant Coun PRESENTED AND GIVEN FIRST
ing
distributed in other surrounding Counties; and who,after being duly sworn,did dispose ana READING theEuless City Council,ontOc-
following clipping of an advertisement was published in the above named paper on the folk ayes,0 nays,and a vote of abstentions•
PRESENTED AND PASSED ON
SECOND AND FINAL READING
U11 at a regular meeting of the Eu-
less City Council on November
Abn
14,2017,by a vote of . ayes,0
Inays,and 0 abstentions.ORDINANCE NO.2173
AN ORDINANCE GRANTING A
FRANCHISE TO COMMUNITY
WASTE DISPOSAL, L.P. FOR
RECYCLING SERVICES FOR THE
COLLECTION OF RESIDENTIAL
AND APARTMENT RECYCLA-
BLES WITHIN THE CITY OF EU-
LESS; PROVIDING THE TERMS
AND CONDITIONS THEREOF;
PROVIDING AN EFFECTIVE
DATE;PROVIDING A TERMINA-
TION DATE;AND PROVIDING A
SEVERABILITY CLAUSE.
SECTION 12.
PUBLICATION CLAUSE. The City
Council further directs that only
the caption of this ordinance be
published in accordance with Ar-
ticle XI, Section 3 of the City
Charter.
13.
Signed EFFECTIVESDATE.NThis ordinance
shall be in full force and effect
thirty (30) days from and after
y o
Subscribed and sworn to before me,this the da f 20 1 its passage and publication a5
provided by the Euless City
Charter and the laws of the
State of Texas.
PRESENTED AND GIVEN FIRST
READING at a regular meeting
Notary Publ1 jC of the Euless City Council on Oc-
arrant County, TeX s ayes,0 nnays,,1 and s.
abstentiona vote ofs
PRESENTED AND PASSED ON
SECOND AND FINAL READING
at a regular meeting of the Eu-
less City Council on November
14,2017,by a vote of 6 ayes,0
nays,and 0 abstention,
LESLIE BUCKLEY
�o� `•
ZNetary Public,State of Texas
".• �= Comm.Expires 09-24-2021
Notary ID 1280582.80 �
CONTINUATION CERTIFICATE
The Fidelity and Deposit Company of Maryland (hereinafter called the Surety)
hereby continues in force its Bond No. 9034532 in the sum of
Two Hundred Fifty Thousand Dollars and 00/100 ($250,000.00) Dollars, on
behalf of Allied Waste Services of Fort Worth. LLC
in favor of City Of Euless, Tx
subject to all the conditions and terms thereof through February 28, 2019 at location of
risk.
This Continuation is executed upon the express condition that the Surety's
liability shall not be cumulative and shall be limited at all times by the amount of the
penalty stated in the bond.
IN WITNESS WHEREOF, the Surety has caused this instrument to be signed by
its duly authorized Attorney-in-Fact and its corporate seal to be hereto affixed this
22 day of March, 2018.
Li ?fi_ty_-,anndDeposit Company of Maryland
Surety
By: �J�
Debbie Lindstrom Attorney-in-Fact
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
MICHAEL BOND,Vice President,in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute,and appoint Kathleen M.MITCHELL,Debbie LINDSTROM,John DRUMMEY,JR.,Scott C.ALDERMAN,Timothy S.
BUHITE, Simone Rae FREDERICK, Peggy A. FIRTH, Brandi HEINBAUGH and Jamie STROH, all of Seattle, Washington,
EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and
deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as
binding upon said Companies, as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the
regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the
regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their
own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this I st day of June,A.D.2017.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY-COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
¢�«.. 'rb ��,,,°,� � Vie'•.°°""°"+r'��mi
8EAL
3u` jo?
� a 'sa�'•• t0G9 �jfr3
r.Kr
d
Secretary Vice President
Michael McKibben Michael Bond
State of Maryland
County of Baltimore
On this 1st day of June,A.D. 2017,before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL
BOND,Vice President,and MICHAEL MCKIBBEN,Secretary,of the Companies,to me personally known to be the individuals and officers described in
and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said
officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate
Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
11ltiltt��``
Constance A.Dunn,Notary Public
My Commission Expires:July 9,2019
POA-F 180-0453
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
11 TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this day zf (Y1av,h ,20j&_.
8EAL
David McVicker,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056