HomeMy WebLinkAbout2173 11-14-2017 ORDINANCE NO. 2173
AN ORDINANCE GRANTING A FRANCHISE TO COMMUNITY WASTE
DISPOSAL, 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, 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 an exclusive franchise agreement upon the terms and conditions hereof; and
WHEREAS, the City of Euless, in its desire to provide recycling 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 apartment recycling.
B. Maximized 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. Collection and transport recyclables from residential and apartment units within the
City of Euless to a suitable material recovery facility; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
The City of Euless hereby grants to Community Waste Disposal, L.P. 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
apartment recyclables, subject to the terms and conditions set forth in this franchise
agreement and as allowed by state law.
FRANCHISE AGREEMENT FOR THE COLLECTION OF RESIDENTAL AND
APARTMENT RECYCLABLES
THIS FRANCHISE AGREEMENT ("Agreement") is entered into by and between
the City of Euless, a Home Rule Municipal Corporation located in Tarrant County, Texas,
(the "City") and Community Waste Disposal, L.P. ("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 Apartment Unit. A multi-family dwelling located within the corporate limits of the
City. A separate Apartment Unit shall be deemed a room or suite of rooms
arranged, designed or occupied as a residence.
1.2 City. City of Euless
1.3 Contract. This Agreement and any addenda or changes thereto agreed to by the
City and Contractor.
1.4 Contractor. Community Waste Disposal, L.P.
1.5 Curbside. That portion of right-of-way adjacent to paved or traveled City roadways.
1.6 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 Recyclable Materials.
1.7 Monthly Contractual Rate. The per customer monthly amount Contractor is
entitled to for the collection and processing of Recyclable Materials.
1.8 Net Monthly Contractual Rate. The Monthly Contractual Rate less a Franchise
Fee and other costs incurred by the City.
1.9 Recyclable Buyer. A buyer or processor, selected by Contractor pursuant to this
Agreement, of Recyclable Materials delivered by Contractor.
1.10 Recycling Container. The container for Recyclable Materials for each Residential
Unit or Apartment Unit within the City shall consist of one of the following;
1.10.1 Blue Bag. A polyethylene blue bag provided by the resident. These bags
will be available for purchase at area retail stores. It is the responsibility of
the residents to provide their own Blue Bag container(s) for recycling.
1.10.2 Bin. A plastic receptacle imprinted with Contractor's logo, provided by and
the property of Contractor. The Bin shall have a minimum capacity of
eighteen (18) gallons. It shall be the responsibility of Contractor to supply,
maintain and deliver the Bin container for recycling to those residents who
elect Bin service.
Ordinance No. 2173, Page 2 of 20
1.10.3 Cart. A plastic receptacle imprinted with Contactor's logo, provided by and
the property of Contractor. The Cart shall have a minimum capacity of sixty-
five (65) gallons, two wheels, and a hinged lid. It shall be the responsibility
of Contractor to supply, maintain and deliver the Cart container for recycling
to those residents who elect Cart service.
1.10.4 Recycling Dumpster. A metal receptacle bearing Contractor's logo,
provided by and the property of Contractor. The Recycling Dumpster shall
have a minimum capacity of eight(8) yards and be identifiable as"Recycling
Only". It shall be the responsibility of Contractor to supply, maintain and
deliver the Recycling Dumpster to Apartment Units.
1.11 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.
1.12 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.
SECTION 2.
SCOPE OF RECYCLING COLLECTION WORK
2.1 Processing of Recyclable Materials. Subject to the terms and conditions of this
Agreement, Contractor shall be responsible for transporting the Recyclable Materials
to an approved processing site.
2.2 Frequency of Residential Unit Collection. 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 Units one (1) time per week. It is the responsibility of the residents to
place Recycling Containers at curbside by 7:00 a.m. on the designated collection
day. 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
Ordinance No. 2173, Page 3 of 20
changes, Contractor shall promptly give written or published notice to the affected
Residential Units.
2.3 Residential Unit Collection - Where. Recycling Containers shall be placed at
curbside by 7:00 a.m. on the designated collection day. When construction work is
being performed in the right-of-way, Recycling Containers shall be placed as close
as practicable to the access point for the collection vehicle. Contractor may decline
to collect any Recycling Container not so placed. All containers must be returned to
the same area as described above in a manner which does not cause undue damage
to Recycling Container.
2.4 Residential Unit Collection - How. Contractor shall make collections with a
minimum of noise and disturbance. Work shall be done in a sanitary manner. Any
Recyclable Materials spilled by Contractor shall be picked up immediately by
Contractor's employees. Residents shall have the opportunity to elect one (1) of
three (3) types of Recycling Containers: Blue Bag, Bin or Cart. Contractor will
provide an adequate supply of Bin and Cart Recycling Containers. Residential
Recycling Container request for service, changes, additions or deletions will be
facilitated by the City and supplied, delivered and maintained by Contractor.
2.5 Frequency of Apartment Unit Collection. The Recycling Dumpster shall be
serviced in accordance with the schedule mutually agreed upon by the Contractor
and City, subject to modification. In addition to the scheduled service, the
Recycling Dumpster shall be serviced on an on-call basis. Within 48 hours of a
call by the apartment complex personnel, Contractor will service the dumpster as
requested.
2.6 Apartment Unit Collection - Where. A minimum of one Recycling Dumpster will
be provided for each apartment complex. Apartment complexes with more than
250 units will receive one Recycling Dumpster per 250 units (example: 2,000 units
= eight (8) Recycling Dumpsters) if/as requested by Apartment Complex
Management. The Recycling Dumpster(s) must be readily identifiable as
"Recycling Only" and kept in neat and clean appearance. The Recycling
Dumpster(s) shall be accessible seven days per week, 24-hours per day by
apartment residents.
2.7 Apartment Unit Collection - How. Contractor shall make collections with a
minimum of noise and disturbance. Work shall be done in a sanitary manner. Any
Recyclable Materials spilled by Contractor shall be picked up immediately by
Contractor's employees. In instances where the Recycling Dumpster is contained
within a gated enclosure area, Contractor shall insure the gates of said enclosure
area are closed after Recycling Dumpster is serviced. Contractor shall accept the
following items: newspapers with slicks, magazines, junk mail, envelopes, cereal
boxes, cardboard, chipboard and telephone books, mixed recyclables (plastics#1-
7, except 6; aluminum cans, steel cans, glass bottles and containers). The City
reserves the right to terminate and/or otherwise alter for further improvements, the
apartment recycling service with 30 days prior notice to Contractor. Contractor
has the first right of refusal on servicing program changes.
Ordinance No. 2173, Page 4 of 20
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 Recyclable Materials 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 processing. 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 Recyclable 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 Recyclable Materials shall be
picked up immediately by Contractor. Contractor will not be required to clean up or
collect scattered Recyclable 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 the Recyclable Material. Apartment Unit Recyclable Material
scattering or spillage shall be picked up by Contractor after the customer reloads the
Recycling Dumpster.
3.3 Improperly Prepared Material. If Contractor determines 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 Contractor determines that the materials set out by an apartment complex are
unacceptable because of a maximum of 10% total contamination, Contractor will
follow these procedures: on the first instance of improperly prepared materials,
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, 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, 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.
3.4 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 Apartment Complex have animals at large, but Contractor shall
Ordinance No. 2173, Page 5 of 20
immediately notify the City, in writing, of such condition and of its inability to make
collection.
3.5 Regular Service for City Owned or Operated Facilities. Contractor shall
provide for, at no charge to the City, the collection, transportation, and processing
of Recyclable Materials 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 Recycling Container(s) as requested by the City for
ongoing and special events.
SECTION 4.
CONTRACTOR'S 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, 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.
No collection will be made on Sunday.
4.2 Routes of Collection. Collection routes shall be established by Contractor.
Contractor shall submit a map designating the collection routes to the City for
approval, which approval shall not be unreasonably withheld. 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
Ordinance No. 2173, Page 6 of 20
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
are necessary to remedy the cause of the complaint 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 Recyclable Materials 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 and set-out rates identified with the
City. 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 set-out rates including the amounts of recovered material and
summary of the public awareness activities and community involvement.
Ordinance No. 2173, Page 7 of 20
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 recyclable material from accounts
serviced by Contractor in accordance with this Agreement.
4.6.1 Type. Contractor shall use only equipment kept in good repair and
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 Recyclable Material onto public or private property. Such cover
shall be kept in good order and used to cover the load while in transit, during
loading operations, or when parked if contents are likely to be scattered.
Vehicles shall not be overloaded so as to scatter Recyclable Material;
however, if Recyclable Material is scattered from Contractor's vehicle for any
reason, it shall be picked up immediately.
4.6.5 Weight Limits. Contractor agrees to utilize residential collection vehicles with
a 20 or 25 cubic yard Rear Load truck, which will not exceed a 50,000 pound
Gross Vehicle Weight, for collections from all Residential Units. Contractor
agrees that apartment 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. Contractor shall train drivers to protect City's streets and not make
sudden, breaking stops that will damage street surfaces.
4.7 Office. Contractor agrees, at its own expense, to keep an office open, to provide
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
Ordinance No. 2173, Page 8 of 20
holidays, for the purpose of handling complaints and other calls regarding
recyclable collection service. Contractor shall keep competent personnel in the
office during the time the office is required to be open to the public, and the office
personnel shall have authority to represent Contractor in its relations with the
public. Contractor shall also provide the City a telephone number by which
Contractor can be contacted for after-hours 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 Processing of Recyclable Materials. Subject to the terms and conditions of this
Agreement, Contractor shall be responsible for transporting the Recyclable Materials
to a processing site and must have established buyers or markets for the Recyclable
Materials. Contractor shall be required to identify the buyers of the Recyclable
Materials 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, Recyclable Materials should be protected against contaminates that
require disposal at the landfill. Contractor shall be totally responsible for the
processing and marketing of all Recyclable Materials collected pursuant to this
Agreement. It shall be the responsibility of Contractor to dispose of the Recyclable
Material it is required to collect hereunder according to City, county, state, and federal
regulations at Contractor's expense. Contractor guarantees that it will own, lease, or
control adequate processing capacity for the life of this Agreement and all extensions.
Title to Recyclable Materials shall pass to Contractor when placed in Contractor's
collection vehicle, removed by Contractor from a Recycling Container, or removed
by Contractor from the customer's premises.
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. In the event of hazardous weather, the City shall grant to
Contractor variances in routes and schedules as deemed necessary to maintain
the service levels as described in this Agreement.
Ordinance No. 2173, Page 9 of 20
4.10 Records. The City and Contractor agree to maintain at their respective places of
business adequate books and records relating to the performance of their
respective duties under the provisions of this Agreement and such books and
records shall be made available at any time during business hours for inspection
by the other party, at the inspecting party's expense, upon reasonable advance
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
City and Contractor; and that nothing herein shall be construed as creating a
partnership or joint enterprise between 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 other 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 obligations 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,
Ordinance No. 2173, Page 10 of 20
upon notification by the City, shall increase the forces, tools, or equipment as needed
to properly perform this Agreement. The failure of the City to give such notification
shall not relieve Contractor of the obligation to perform the work at the time and in
the manner specified by this Agreement. Contractor and the City agree that the City
Manager will be the final authority for the approval of 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 operations 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 processing fees associated with the collection, removal, and
processing of Recyclable Materials.
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.
Ordinance No. 2173, Page 11 of 20
Should Contractor fail to remedy its performance, after a public hearing described
herein, the City may terminate this Agreement and the rights and privileges granted
to Contractor herein. A notice shall be sent to Contractor no later than ten (10)
days before a public hearing is scheduled. The notice shall specify the time and
place of the hearing and shall include the specific reasons in support of the 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 Recyclable Materials 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 its 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
Recyclable Material collection and processing 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 Recyclable Materials 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. 2173, Page 12 of 20
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 processing of Recyclable
Materials or the operations of Contractor under this Agreement. Contractor shall
indemnify and save harmless the City, all of its officers, representatives, agents and
employees against any claim or liability arising from or based upon the violation of
any such laws, regulations, ordinances, orders or decrees, whether by Contractor,
its officers, agents, servants, employees, licensees, or subcontractors. It is agreed
and understood that, if the City calls the attention of Contractor to any such
violations on the part of Contractor, 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. 2173, Page 13 of 20
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 and subcontractors. The cost of such insurance shall be borne by
Contractor. Upon execution of this Agreement, Contractor shall have the City
named as an additional insured on each insurance policy 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. 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 processing of Recyclable
Materials under this Agreement by Contractor, including the work, services,
operations, and legal duties of Contractor, its officers, agents, servants, employees,
subcontractors or licensees, if any, save and except any damage or loss and/or
personal injury, including death, arising out of any acts or omissions of 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 or licensees, including reasonable attorneys' fees
expended by the City in any suit or claim against Contractor for same.
Ordinance No. 2173, Page 14 of 20
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 $15,000 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 shall be paid a Net Monthly Contractual Rate for the
collection and processing of Recyclable Materials as follows:
A. Residential Unit. Monthly Contractual Rates will be in accordance with the
type of Recycling Container service elected by the customer: Blue Bag, Bin
or Cart. Net Monthly Contractual Rates for the collection of Recyclable
Materials shall be as set forth in the schedule attached hereto as Exhibit "A".
Monthly Contractual Rates shall be applied and are due regardless of whether
a Residential Unit elects to participate in the city recycling program. In the
absence of a customer elected Recycling Container, Blue Bag shall be the
default Recycling Container for Residential Units.
B. Apartment Unit. Net Monthly Contractual Rates for the collection of
Recyclable Materials from Apartment Units shall be as set forth in the
schedule attached hereto as Exhibit "A". Monthly Contractual Rates shall be
applied and are due regardless of whether an Apartment Unit elects to
participate in the city recycling program.
9.2 Billing and Collection. The City will serve as billing and collection agent for all
billings. The City agrees to bill Residential Unit and Apartment Unit customers on a
monthly basis. The City agrees to remit to Contractor, on or before the fifteenth (15th)
business day following the end of the City's fourth weekly billing cycle in each month,
an amount equal to the Net Monthly Contractual Rates set forth in the schedule
attached hereto as Exhibit "A" multiplied by the number of customers receiving each
type of Recycling Container service for the preceding month. The City shall be
entitled to set rates above the Monthly Contractual Rate to compensate
administrative costs.
9.3 Franchise Fee. Contractor agrees to pay the City a 5% Franchise Fee. Such
payment will be netted out of the Monthly Contractual payment remitted to Contractor
by the City.
9.4 Sales Tax. The City shall collect and remit all appropriate sales taxes to the State
Comptroller's office of the State of Texas.
Ordinance No. 2173, Page 15 of 20
9.5 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".
9.6 Revenues from the Sale of the Recyclable Materials. Contractor shall retain all
revenues from the sale of Recyclable Materials.
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 Cart and Bin Service. Residents shall have the opportunity to elect one(1) of three
(3) types of Recycling Containers: Blue Bag, Bin or Cart. Residential Recycling
Container request for service, changes, additions or deletions will be facilitated by
the City and supplied, delivered and maintained by Contractor.
10.3 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.
10.4 Amendments. This written agreement contains the entire agreement of the parties
hereto concerning the subject matter hereof, and no other written or verbal
agreements or understandings exist. Amendments which are consistent with the
purposes of this Agreement may be made with the mutual consent of the parties and
in accordance with the City Charter and other applicable laws and ordinances
provided, however, that no amendment hereto shall be effective unless made by
written instrument signed by the parties hereto.
10.5 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
Ordinance No. 2173, Page 16 of 20
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.
10.6 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.
10.7 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.
10.8 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.
10.9 Severability. In the event that any provision or portion thereof of this Agreement
shall be found to be invalid or unenforceable, then such provision or portion thereof
shall be performed in accordance with applicable laws. The invalidity or
unenforceability of any provision or portion of this Agreement shall not affect the
validity or enforceability of any other provision or portion of this Agreement.
10.10 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.
10.11 Hazardous Material Collection Day. Contractor will pay$8,000 by April 1, of each
year for a hazardous waste collection day once a year for the term of this
Agreement.
10.12 Educational Program. Contractor shall invest $2,000 annually for recycling
education. These funds are payable to the City for printed material to be used for
educational programs for solid waste and recycling. This payment is due on or
before the 15th day of October for each year of this Agreement.
10.13 Special Projects. The City and Contractor agree to discuss and implement certain
projects for the continued good service of the citizens of Euless. Any new service
standards must first be approved by the Euless City Council.
Ordinance No. 2173, Page 17 of 20
EXECUTED this 14 day of November , 2017, in Tarrant
County, Texas.
CITY OF EULESS COMMUNI WASTFDI • OSAL
By: f/(1.4 By: 1/,..e., A 0(/
Loretta Getchel Gr,., Roemer
City Manager President
Greg A. Roemer
President
ATTEST: •s►�r r,F ® CommunityW fsteDisposal.com
So • ` o • 2010 California Crossing
F
®®1 :1` N-- Dallas,Texas 75220-2310
; c r telephone
By:iiits. .„ ../„// „� ° A .- `- 972.392.9300 • 817.795.9300
Kim Sutter, T": ,0' r- �� �.A Jncsimile
City Secretary, 972.392.9301
ev• s
f•tVT• C', ' L,::
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Ordinance No. 2173, Page 18 of 20
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 Xl, 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,
o nays, and 0 abstentions.
APPROVED: APPROVED AS TO FORM:
Lin arti , Ma or f(aji
Wayne Olson, City Attorney
ATTEST:
Kialr utter, "MC, City Secretary
Ordinance No. 2173, Page 19 of 20
EXHIBIT "A"
NET MONTHLY CONTRACTUAL RATES:
Effective 3/1/2018 through 2/28/2023
Effective Blue Bin Cart ' Senior I Senior Senior Apartment
Date Bag Blue Bin Cart Unit
Bag
3/1/2018 $1.277 $1.582 $2.711 $0.639 $0.943 $2.073 $0.367
3/1/2019 $1.320 $1.636 $2.803 $0.661 $0.975 $2.143 $0.379
3/1/2020 $1.365 $1.692 $2.898 $0.683 $1.008 $2.216 $0.392
3/1/2021 $1.411 $1.750 $2.997 $0.706 $1.042 $2.291 $0.405
3/1/2022 $1.459 $1.810 $3.099 $0.730 $1.077 $2.369 $0.419
These rates are net of the 5% Franchise Fee.
Ordinance No. 2173, Page 20 of 20
Star-Telegram
/MEDIA
Arlington Citizen-Journal I The KeHe Citizen I La Estrella
Mansfield Flews-Mirror I Star-Telegram Northeast)Weatherford Star-Tetegrarn
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 Depth
600565 0003334143 CITY OF EULESS ORDINANCE NO.2172 AN 01 $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
L.L.0
SERVICES
F FORT SOLID WS WORTH, depose and say that the attached
TION SERVICES OF RESIDENTIC LAND clipping of an advertisement was
COMMERCIAL SOLID WASTE published in the above named paper
WITHINTHE
ETHE YTERMS EULESS;OF
PRAND
on the listed dates:
CONDITIONS THEREOF; PRO-
VIDING AN EFFECTIVE DATE;
PROVIDING A TERMINATION
DATE; AND PROVIDING A
SEVERABILITY CLAUSE,
12. 2 Insertion(s)
PUBLICATION CLAUSE. The City
Council further directs that only
the caption of this ordinance be Published On:
published in accordance with Ar-
ticle XI, Section 3 of the City October 13,2017,October 14,2017
Charter,
1 .
ECTION
EFFECTIVESDATE. 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 Oc-
tober 10, 2017, by a vote of 6
ayes,0 nays,and 0 abstentions.
NO.2173
AN ORD NANCEE GRANTING A
FRANCHISE TO COMMUNITY
WASTE DISPOSAL, L P. FOR
RECYCLING SERVICES FOR THE
COLLECTION
RESIDENTIAL AMENRECYL
(Principal Clerk)
BLES WITHIN THE CITY OF EU-
TERMS
AND CONDITIONST THEREOF; SUBSCRIBED AND SWORN TO
PROVIDING N EFFECTIVE
DATE;PROVIDING A TERMINA-
BEFORE ME, THIS 18th day of
TION DATE;AND PROVIDING A
SEVERABILITY CLAUSEOctober in the year of 2017
.
12.
TION
PUBLICATIONCCLAUSE. The City
Council further directs that only
the caption of this ordinance be
Ih
published in accordance with Ar. 91)41A,
title XI, Section 3 of the City
Charter.SECTION Notary Public
EFFECTIVE DTE. 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
PState of RESENTED eAND GIVEN FIRST
I READING at a regular meeting
of the Euless City Council on Oc-
tober 10, 2017, by a vote of b
ayes,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 PROVIDING 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
ffect
Be re e,a Notblic in a for said County and State,this day thirtlyb(30) dain ys fromaand eafter
Nota
^ l its passage and publication as
personally appearedLkla�ma 0 provided by the Euless City
p y pp ,Advertisinj SCharter tate of and the laws of the
s.
for the Star-Telegram,pu fished by the Star-Telegram,IlInc.at Fort Worth, in Tarrant Coun PRESENTED AND GIVEN FIRST
ing
distributed in other surrounding Counties;and who, after being duly sworn,did dispose anc
READING
Euless City CounciilontOc-
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
0� l O SECOND AND FINAL READING
at a regular meeting of the Eu-
less City Council on November
14,2017, by a vote of I ayes,0 nays,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 Xl, Section 3 of the City
Charter.
13.
ECTION
Signed EFFECTIVESDATE. This ordinance
shall be in full force and effect
thirty (30) days from and after
Subscribed and sworn to before me,this the _da of S_ 20 its passage and publication as
y � provided by the Euless City
Charter and the laws of the
State of Texas.
PRESENTED AND GIVEN FIRST
ing
Notary Publ> �� of theEuless City NG at a Coluncar ilontO -
Tarrant County,TeX s ayestobe,0 0nays0 andb0 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 abstentions
� LESLIE BUCKLEY
11
Notary Public,State of Texas
Comm.Expires 09-24-2021
OF
Fy ,,,,,,,. Notary ID 128058280