(a)
The
city 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 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.
(b)
This
franchise agreement (agreement) is entered into by and between the
city, a home rule municipal corporation located in Tarrant County,
Texas, (the city) and Community Waste Disposal, L.P. (contractor).
(c)
In consideration
of the following mutual agreements and covenants, the city and contractor
do hereby agree as follows.
(Ordinance 2173 adopted 11/14/2017)
Wherever used herein, the hereinafter-listed terms shall have
the following meanings:
A multifamily 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.
City of Euless.
This agreement and any addenda or changes thereto agreed
to by the city and contractor.
Community Waste Disposal, L.P.
That portion of right-of-way adjacent to paved or traveled
city roadways.
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.
The per customer monthly amount contractor is entitled to
for the collection and processing of recyclable materials.
The monthly contractual rate less a franchise fee and other
costs incurred by the city.
A buyer or processor, selected by contractor pursuant to
this agreement, of recyclable materials delivered by contractor.
The following materials shall be included in the recycling
program:
The container for recyclable materials for each residential
unit or apartment unit within the city shall consist of one of the
following;
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.
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.
Cart. A plastic receptacle
imprinted with contractor'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.
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.
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.
(Ordinance 2173 adopted 11/14/2017)
(a)
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.
(b)
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 changes, contractor shall promptly give written or published
notice to the affected residential units.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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 2173 adopted 11/14/2017)
(a)
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 nonfee basis shall be permitted.
(b)
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.
(c)
Improperly prepared material.
(1)
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.
(2)
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.
(d)
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 immediately notify
the city, in writing, of such condition and of its inability to make
collection.
(e)
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.
(Ordinance 2173 adopted 11/14/2017)
(a)
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.
(b)
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.
(c)
Holidays.
(2)
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.
(d)
Complaints and nonperformance.
Service complaints shall
be handled in the following order:
(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.
(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.
(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)
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.
(5)
Performance penalties.
a.
Failure or neglect to remedy any missed collection of recyclable
materials from any premises on the same day if notified by 2:00 p.m.
or within 24 hours with notification after 2:00 p.m. of missed scheduled
service may result in a twenty-five dollar ($25.00) penalty for each
failure. Additionally, subsequent failure(s) at the same address within
any 30-day period may result in a fifty dollar ($50.00) penalty per
service failure.
b.
In addition to any penalties levied above, failure or neglect
to collect twenty-five (25) or more residences by 7:00 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 dollar ($50.00) penalty per residence for each failure.
c.
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.
(e)
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
1st, 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.
(f)
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.
(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.
(2)
Amount.
Contractor shall provide sufficient equipment
in a proper operating condition so regular schedules and routes of
collection can be maintained.
(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)
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.
(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.
(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.
(g)
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 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.
(h)
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.
(i)
Hazardous weather force majeure and 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.
(j)
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.
(Ordinance 2173 adopted 11/14/2017)
(a)
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.
(b)
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.
(c)
City manager to be referee.
To prevent misunderstanding
and litigation, the city manager shall decide any and all questions
which may arise concerning the quality and acceptability of the work
and services performed, the sufficiency of the performance, and the
acceptable fulfillment of this agreement on the part of contractor;
and the city manager will determine whether or not the amount, quantity,
character, and quality of the work performed is satisfactory. The
city manager shall make such explanation as may be necessary to complete,
explain, or make definite the provisions of this agreement and his
reasonable findings and conclusions shall be final and binding on
both parties. If at any time during the term of this agreement performance
of contractor does not meet the standards set forth herein, contractor,
upon notification by the city, shall increase the forces, tools, or
equipment as needed to properly perform this agreement. The failure
of the city to give such notification shall not relieve contractor
of the obligation to perform the work at the time and in the manner
specified by this agreement. Contractor and the city agree that the
city manager will be the final authority for the approval of 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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
Term.
This agreement shall be for a five (5) year period
beginning March 1, 2023, and ending five (5) years thereafter.
(i)
Renewal.
This agreement may be renewed and extended
for one (1) additional five (5) year period upon the mutual agreement
of both parties.
(j)
Termination for cause.
(1)
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.
(2)
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.
(k)
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.
(Ordinance 2173 adopted 11/14/2017; Ordinance
2327 adopted 12/13/2022)
(a)
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.
(b)
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.
(1)
Contractor's employees.
Contractor shall
assure that contractor's employees serve the public in a courteous,
helpful and impartial manner.
(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 2173 adopted 11/14/2017)
(a)
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.
(b)
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.
(c)
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.
(Ordinance 2173 adopted 11/14/2017)
(a)
Minimum insurance coverage.
(1)
Contractor at its own expense shall purchase, maintain and keep
in force insurance for the duration of this agreement.
(2)
Minimum coverage shall be established as of commencement date
for this agreement in the following amounts:
|
Type of Coverage
|
Per Occurrence Minimum
|
Aggregate Minimum
|
|---|---|---|
|
Worker's compensation
|
As required by law and shall cover all employees including drivers.
|
As required by law.
|
|
Comprehensive and general public liability
|
$1,000,000.00
|
$2,000,000.00
|
|
Property damage
|
$1,000,000.00
|
$2,000,000.00
|
|
Comprehensive auto liability bodily injury
|
$1,000,000.00
| |
|
Comprehensive auto liability property damage
|
$500,000.00
|
(b)
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 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.
(c)
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.
(d)
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.
(e)
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 $15,000.00
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.
(Ordinance 2173 adopted 11/14/2017)
(a)
Contractual rates.
Contractor shall be paid a net monthly
contractual rate for the collection and processing of recyclable materials
as follows:
(1)
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 to Ordinance 2327. 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.
(2)
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 to Ordinance
2327. Monthly contractual rates shall be applied and are due regardless
of whether an apartment unit elects to participate in the city recycling
program.
(b)
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 to Ordinance 2327 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.
(c)
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.
(d)
Sales tax.
The city shall collect and remit all appropriate
sales taxes to the State Comptroller's office of the State of
Texas.
(e)
Rate increase.
Contractor will be eligible to receive
an increase in Monthly Contractual Rates on March 1, 2024, 2025, 2026,
and 2027, as set forth in the schedule attached to Ordinance 2327
as exhibit B.
(f)
Revenues from the sale of the recyclable materials.
Contractor shall retain all revenues from the sale of recyclable
materials.
(Ordinance 2173 adopted 11/14/2017; Ordinance
2327 adopted 12/13/2022)
(a)
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.
(b)
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.
(c)
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 there upon 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.
(d)
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.
(e)
Notices.
(1)
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:
|
Community Waste Disposal
ATTN: Robert D. Medigovich
2010 California Crossing
Dallas, Texas 75220
|
(2)
Or, such other addresses as the parties may hereafter specify
by written notice delivered in accordance herewith.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(k)
Hazardous material collection day.
Contractor will
pay $8,000.00 by April 1st, of each year for a hazardous waste collection
day once a year for the term of this agreement.
(l)
Educational program.
Contractor shall invest $2,000.00
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.
(m)
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.
(Ordinance 2173 adopted 11/14/2017)
