(a)
The
city hereby grants to Allied Waste Services, of Fort Worth, L.L.C.
the license and privilege to use the public streets, easements, and
thoroughfares within the corporate limits of the city for the purpose
of collection and disposal of residential and commercial garbage,
trash, refuse, bulky wastes, trees, construction debris, brush, tree
trimmings and rubbish, subject to the terms and conditions set forth
in this franchise agreement and as allowed by state law.
(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 Allied Waste Services of Fort Worth, L.L.C.
(contractor).
(c)
In consideration
of the following mutual agreements and covenants, the city and contractor
do hereby agree as follows.
(Ordinance 2172 adopted 11/14/2017)
Wherever used herein, the hereinafter-listed terms shall have
the following meanings:
Any and all waste that is solid waste, including brush, garbage,
refuse, yard waste and trash, as solid waste is defined under the
laws of the United States and/or the State of Texas and/or the regulations
promulgated thereunder and that is acceptable for disposal in a landfill.
Noncurbside service available to any residential customer
over the age of sixty-five (65) years old, or a disabled/handicapped
resident as certified by a physician and at the discretion of the
city.
Plants or grass clippings, leaves or tree trimmings. Brush
waste must be enclosed in garbage containers, with a maximum weight
of fifty (50) pounds. Tree trimmings must be bundled in lengths less
than four (4) feet and less than fifty (50) pounds in weight.
Stoves, refrigerators, water tanks, washing machines, dryers,
furniture, appliances and other waste materials with weights or volumes
greater than those allowed for containers, but specifically excluding:
Loose construction debris, dead animal's hazardous waste,
medical waste or stable matter;
Any refrigerators, freezers, air conditioners or other appliances
that do not contain written or visual evidence that the chlorofluorocarbon's
(CFC's), have been removed therefrom by a certified, authorized
and licensed technician; and
Any other objects or items that contractor is precluded by federal,
state or local law or regulation from collecting or disposing in a
municipal sanitary landfill.
Tree, shrub and brush trimmings, or newspapers and magazines
securely tied together forming an easily handled package not exceeding
four (4) feet in length or fifty (50) pounds in weight.
City of Euless.
Contractor shall provide for the collection of commercial
and industrial solid waste and/or recyclables to commercial establishments
and industrial units according to individual written agreements. Collection
service shall be at least once per week to maintain the premises free
of accumulation of waste. If collection is from a commercial container,
that container should be located on a concrete pad to accommodate
collection equipment. The city shall be the sole determinant of acceptable
dumpster pads, locations, and screening, excluding roll-offs. Apartment
service shall be considered commercial as it relates to this agreement.
Metal containers supplied by contractor affording capacity
to service a commercial unit so as to prevent spillage, unsightly
and unsanitary conditions.
A retail or light commercial type of business that generates
no more than two (2) cubic yards of refuse per week.
Allied Waste Services of Fort Worth, L.L.C. dba Republic
Services.
That portion of right-of-way adjacent to paved or traveled
city roadways.
Waste building materials resulting from construction, remodeling,
repair or demolition operations, including without limitation, dirt,
concrete, rocks, bricks, lumber, shingles, plaster, sand, gravel and
other waste building materials.
A depository, including but not limited to sanitary landfills,
transfer stations, incinerators, and waste processing/separation centers
licensed, permitted or approved to receive for processing or final
disposal of solid waste by all governmental bodies and agencies having
jurisdiction and requiring such licenses, permits or approvals.
Fee paid by contractor to the city for the sole and exclusive
franchise, license, and privilege within the corporate limits of the
city to engage in the business of collecting and disposing of acceptable
waste.
Portable cans or similar containers constructed of galvanized
iron, tin or other substantial material, or plastic bags or cardboard
boxes, designed to store refuse or rubbish with sufficient wall strength
to maintain physical integrity when lifted by the top. The maximum
capacity of a garbage container shall not exceed thirty-five (35)
gallons and the total weight of a garbage container and its contents
shall not exceed fifty (50) pounds.
Any and all dead animals of less than ten (10) pounds in
weight except those slaughtered for human consumption; every accumulation
of waste (animal, vegetable and/or other matter) that results from
the preparation, processing, consumption, dealing in, handling, packing,
canning, storage, transportation, decay or decomposition of meats,
fish, fowl, birds, fruits, grains or other animal or vegetable matter
(including, but not by way of limitation, used tin cans and other
food containers; and all putrescible or easily decomposable waste
animal or vegetable matter which is likely to attract flies or rodents);
except (in all cases) any matter included in the definition of bulky
waste, dead animals, hazardous waste, rubbish or stable matter.
All fecal material, oil, sludge and any radioactive, pathological,
toxic, acidic or volatile materials, or any chemical, compound, mixture,
substance or article which is designated by the United States Environmental
Protection Agency or appropriate agency of the State of Texas to be
"hazardous," "toxic" or a "contaminant" or "pollutant," as such terms
are defined by or pursuant to federal or state law or regulation.
Refer to solid wastes regulated as hazardous under the Resource Conservation
and Recovery Act, 42 U.S.C. section 1002, et seq., or regulated as
toxic under the Toxic Substances Control Act, 15 U.S.C.A. section
2601 et seq., regulations promulgated thereunder.
Tree and shrub trimmings, which are not placed in disposable
containers or reusable containers "nor" are they tied and bundled
so as to constitute bundle or boxed bundle.
All medical waste, infectious waste, special waste from health-care
facilities and other similar wastes as same may be defined by federal
or state law or regulation.
The per customer monthly amount contractor will be paid by
the city for the collection and disposal of acceptable waste.
Includes, but is not limited to, brick, concrete, dirt, composition
shingles, ceramic tile and related items that cannot be crushed under
the weight of compaction equipment.
All public and private establishments, including individual
residences, all multifamily dwellings, residential care facilities,
hospitals, schools, businesses, other buildings, and all vacant lots.
An occupant of a residential or commercial unit who generates
refuse or rubbish.
Every accumulation of waste (vegetable and/or other matter)
that results from the preparation, processing, consumption, dealing
in, handling, packing, canning, storage, transportation, decay or
decomposition of meats, fish, fowl, birds, fruits, grains, or other
animal or vegetable matter including, but not by way of limitation,
decomposable animal waste of vegetable matter which is likely to attract
flies or rodents; and all waste material generated at a residential,
commercial, industrial or institutional location, or construction
site which must be disposed of to prevent the attraction of flies,
rodents, scavengers, unnecessary odor or to prohibit unsightly accumulation
of refuse or fire hazards. Refuse shall not include any waste materials
included in the definition of hazardous waste or medical waste.
Small amounts of containerized or tied and bundled waste
building materials including privacy fencing (provided such fencing
materials do not exceed 4 ft. x 6 ft. in size or are dismantled and
tied into bundles not exceeding 50 pounds) generated by a residential
property owner or tenant remodeling or repairing a residential unit.
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.
All residentially generated waste wood, wood products, grass
cuttings, dead plants, weeds, leaves, chips, shavings, sawdust, printed
matter, paper, pasteboard, rags, straw, used and discarded mattresses,
white goods, pulp and other products such as are used for packaging
or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral
or metallic substances and any and all other waste materials not included
in the definition of brush, bulky waste, bundle or boxed bundle, debris,
residential repair debris, refuse, medical waste or hazardous waste.
All nonhazardous (as defined by Comprehensive Environmental
Response, Compensation, and Liability Act (CERCA) and other applicable
laws) and nonspecial solid waste material including unwanted or discarded
waste material in a solid or semi-solid waste, including but not limited
to, garbage, ashes, refuse, rubbish, yard waste (including brush,
tree trimmings, Christmas Trees), discarded appliances, home furniture
and furnishings, provided that such material must be of the type and
consistency to be lawfully accepted at the landfill under the applicable
federal, state and local laws, regulations and permits governing each.
Trees and tree trimmings larger than may be accommodated
under the definition "bulky waste" above may be picked up as a special
haul.
(Ordinance 2172 adopted 11/14/2017; Ordinance
2326 adopted 12/13/2022)
(a)
Disposal of waste materials.
Subject to the terms and
conditions of this agreement, contractor agrees to dispose of, outside
the corporate limits of the city, all brush, bulky waste, bundle or
boxed bundle, debris, rubbish and refuse collected by contractor from
residential units, commercial units and commercial construction sites
within the city. All vehicles used by contractor for the collection
and transportation of such waste material shall be protected at all
times while in transit to prevent leakage or the blowing or scattering
of same onto the public streets of the city or property adjacent thereto.
(b)
Frequency of residential collection.
Contractor shall
collect all residential refuse and rubbish in garbage containers,
residential repair debris, bulky waste, and bundles or boxed bundles
not less than two (2) times per week, with collections at least three
(3) days apart. Collection days for the city shall be Monday and Thursday
or Tuesday and Friday. No collections shall be made on Sunday. Contractor
may propose to the city changes in days of collection. Upon the city
manager's approval of the proposed changes, contractor shall
promptly give written or published notice to the affected residential
units. Contractor will pick up any missed pick-ups on the same day
if they are called in before 2:00 p.m. It is the responsibility of
the residents to place all residential refuse and rubbish, except
backdoor service, in garbage containers, and together with residential
repair debris and bundle or boxed bundle, within six (6) feet of the
curbside for collection by 7:00 a.m. on the designated collection
day. Garbage containers, residential repair debris, and bundle and/or
boxed bundle shall be placed as close to the roadway as practicable
without interfering with or endangering the movement of vehicles or
pedestrians. When construction work is being performed in the right-of-way,
garbage containers, residential repair debris, and bundle and/or boxed
bundle shall be placed as close as practicable to the access point
for the collection vehicle. Backdoor service shall be in garbage containers
and placed at a location mutually agreed to by contractor and customer.
Contractor may decline to collect any garbage container, residential
repair debris and bundle and/or boxed bundle not so placed. All containers
must be returned to the same area as described above.
(c)
Quantity: take-all service.
Contractor shall be required
to pick up all rubbish, refuse, bulky waste and residential repair
debris generated from a residential unit, provided that same is properly
prepared, bagged, and stored for collection in garbage containers,
or properly bundled, although bulky wastes will not be required to
be in garbage containers. Contractor shall also be required to pick
up all brush and trees during the regular residential collection frequency
provided that same are prepared and stored for collection in a bundle
or boxed bundle. Contractor shall also be required to pick up stumps
weighing less than fifty (50) pounds each. Loose brush may be disposed
of by contractor upon a customer's calling and scheduling a pick-up
(see special pick up rates in exhibit A to Ordinance 2326). At a customer's
request, rubbish, residential repair debris, and brush and trees that
are not contained in garbage containers or are not prepared and placed
for collection in a bundle or boxed bundle may be collected and disposed
of by contractor for a special pick up rate as set forth in exhibit
A to Ordinance 2326. Up to four (4) times per year, city residents,
with proof of residency (valid state driver's license and current
city water bill with matching addresses), may dispose of up to ten
(10) cubic yards of acceptable waste at the Arlington Landfill, located
at 800 Mosier Valley Road, Euless, Texas 76040, at no charge. The
landfill is open to residential customers each Saturday between 7:00
a.m. and 2:30 p.m. This service does not include the disposal of hazardous
waste or noncompactable waste.
(d)
Residential waste - where.
Collections of waste material
as provided hereinabove shall be made from within six (6) feet of
curb provided the garbage containers are freely accessible, with the
bottom at ground level or on a platform not more than three (3) feet
above ground. Backdoor service shall be in garbage containers and
placed at a location mutually agreed to by contractor and customer.
All reusable garbage containers must be returned to the same area
as described above in a manner which does not cause undue damage to
the garbage containers. Garbage containers stored below ground surface
will not be picked up.
(e)
Residential waste - how.
Contractor shall make collections
with a minimum of noise and disturbance to the householder. This work
shall be done in a sanitary manner. Any refuse or rubbish spilled
by contractor shall be picked up immediately by contractor's
employees.
(f)
Commercial waste.
Every commercial unit shall have
a commercial container or containers of a size sufficient to contain
all the rubbish, refuse, brush, bulky waste, debris, trees and other
waste generated upon the premises and to avoid congregation of flies,
rodents, scavengers, unnecessary odor and to prohibit unsightly accumulation
of such waste materials or fire hazards. Contractor agrees to make
commercial containers of adequate size available upon request to any
commercial unit within the corporate limits of city. The commercial
containers provided by contractor shall be equipped with suitable
operable covers to prevent blowing or scattering of refuse (except
for roll-off containers); shall be maintained in good order, appearance,
and in a sanitary condition; shall be of uniform color or color scheme;
and shall be clearly marked with contractor's name and telephone
number. Any damages to screening structures caused by contractor will
be repaired in a timely manner. Commercial containers shall be serviced
at least once per week and with additional frequency as needed to
maintain the premises free of accumulation of waste and to prohibit
unsightly accumulation of such waste materials or fire hazards. In
instances where the garbage containers are contained within a gated
enclosure area, contractor shall ensure the gates of said enclosure
area are closed after garbage containers are serviced. The city will
resolve any disputes between contractor and a commercial unit account.
The decision by the city will be final and binding on contractor and
the commercial unit customer.
(g)
Christmas tree collection.
Contractor shall provide
annual curbside Christmas tree collection citywide for all residential
customers one full collection cycle after both Christmas and New Year's.
Dates may be modified by joint agreement of contractor and the city
manager. The city has its own Christmas tree collection location for
recycling.
(Ordinance 2172 adopted 11/14/2017; Ordinance
2326 adopted 12/13/2022)
(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 commercial construction debris, residential and commercial garbage,
trash, yard waste, bulky waste, debris, residential repair debris,
bundled brush, loose brush, rubbish, trees, refuse and other waste
material as specified herein, and the city hereby grants to contractor
permission to use the public streets, alleys, easements, and thoroughfares
within the corporate limits of the city for the purpose of such collection
and disposal. Scavenging or hauling by other individuals or companies
on a non-fee basis shall be permitted.
(b)
Spillage.
Contractor shall not be responsible for scattered
refuse, rubbish or other waste materials unless the same has been
caused by its acts or those of any of its employees, subcontractors
or agents, in which case all scattered refuse, rubbish or other waste
materials shall be picked up immediately by contractor. A fork, push
broom and a scoop type shovel shall be maintained on each of contractor's
trucks for clean-up activity. Contractor will not be required to clean
up or collect loose refuse, rubbish, waste material or spillage not
caused by the acts of its employees, subcontractors or agents, but
shall report the location of such conditions to the city so that proper
notice can be given to the customer at the premises to properly contain
refuse, rubbish, waste material or other spillage. Commercial unit
refuse, rubbish or other waste spillage or excess refuse, rubbish
or other waste material shall be picked up by contractor after the
customer reloads the commercial container. In the case of commercial
unit customers, contractor shall require the commercial unit customer
to increase the frequency of collection of the commercial unit customer's
refuse, rubbish and other waste material or require the commercial
unit customer to utilize a commercial container with a larger capacity,
and contractor shall be compensated for such additional services.
(c)
Vicious animals.
Employees of contractor shall not be
required to expose themselves to the dangers of vicious animals in
order to accomplish contractor's collection obligations hereunder
in any case where the owner or tenants of a residential unit or commercial
unit have animals at-large, but contractor shall immediately notify
the city, in writing, of such condition and of its inability to make
collection.
(d)
Regular service for city owned or operated facilities.
Contractor shall provide for, at no charge to the city, the collection,
transportation, and disposal of waste accumulated by the city at all
city-owned, -operated, or other city-designated sites. Regular service
shall include the free provision, collection, and hauling of dumpsters
and/or roll-off containers as requested by the city for ongoing and
special events. A city facility landfill rate has been included in
the schedule attached hereto as exhibit A to Ordinance 2326, for use
of city-owned vehicles to dispose at the Arlington Landfill.
(e)
Hazardous and medical waste.
Anything to the contrary
herein notwithstanding, it is specifically understood and agreed that
the collection and disposal of hazardous waste and/or medical waste
by contractor is not authorized, required or governed by this agreement
and that the disposal of hazardous waste and/or medical waste by contractor
(should contractor choose to do so) shall be in compliance with all
federal, state, and local laws and regulations.
(Ordinance 2172 adopted 11/14/2017; Ordinance
2326 adopted 12/13/2022)
(a)
Hours of operation.
collection from residential units
shall not start before 7:00 a.m. or continue after 7:00 p.m. on the
same day. Collection from commercial units may be performed at any
time so long as such commercial units are not within 200 feet of a
residential structure. Collection from commercial units within 200
feet of residential structures shall not start before 7:00 a.m. or
continue after 9:00 p.m. on the same day. Exceptions to collection
hours shall be allowed only upon the mutual agreement, in writing,
of the city and contractor or when contractor reasonably determines
that an exception is necessary in order to complete collection on
an existing collection route due to unusual circumstances.
(b)
Routes of collection.
Residential collection routes
shall be established according to current city routes. Contractor
shall submit a map designating the collection routes and proposed
days of collection to the city for approval. Contractor shall submit
any change in the residential collection routes to the city manager
for approval. Contractor may propose to the city changes in routes
or days of collection. Upon the city manager's approval of the
proposed changes, contractor shall promptly give written or published
notice to the affected residential units.
(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 complaining 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 refuse
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. 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 tonnage of
materials collected 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 refuse from accounts serviced by contractor in accordance
with this agreement.
(1)
Type.
Contractor shall use only vehicles with
bodies which are watertight to a depth of not less than eighteen (18)
inches, with solid sides, using pneumatic tires. All equipment utilized
by contractor shall be kept in good repair, appearance and in a sanitary
condition at all times. No trucks utilized pursuant to this agreement
shall be more than ten (10) years old.
(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 waste material
onto public or private property. Such cover shall be kept in good
order and used to cover the load going to and from the disposal site,
during loading operations, or when parked if contents are likely to
be scattered. Vehicles shall not be overloaded so as to scatter solid
waste material, however, if solid waste material is scattered from
contractor's vehicle for any reason, it shall be picked up immediately.
Each vehicle shall be equipped with a fork, broom and shovel for this
purpose.
(5)
Weight limits.
Contractor agrees to utilize residential
collection vehicles with a 25 cubic yard rear load truck that will
not exceed a 50,000 pound gross vehicle weight for collections from
all residential units. Contractor agrees that commercial collection
vehicles will not exceed a 54,000 pound gross vehicle weight.
(6)
Miscellaneous.
a.
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.
b.
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.
(g)
Office.
Contractor agrees, at its own expense, to keep
an office open in the county, to provide a toll-free or metro telephone
number and to provide a telephone answered (mechanical answering machine
is not acceptable) from 7:00 a.m. to 6:00 p.m., Monday through Friday
and 8:00 a.m. to 2:00 p.m. on Saturday, excluding legal holidays,
for the purpose of handling complaints and other calls regarding solid
waste collection service. Contractor shall keep competent personnel
in the office during the time the office is required to be open to
the public, and the office personnel shall have authority to represent
contractor in its relations with the public. Contractor shall also
provide the city a telephone number by which contractor can be contacted
for after-hour emergencies. Contractor shall keep and maintain in
the office a daily log of all the service calls, which shall show
the nature of the call, complaint, or communication and the disposition
thereof by contractor. The city shall have the right to inspect the
daily log at any reasonable time. Throughout the term of this agreement,
contractor shall establish and maintain an authorized managing agent
and shall designate in writing to the city manager the name, telephone
number, and address of such agent upon whom all notices shall be served
by the city and to whom complaints received from citizens of the city
may be directed. Service upon contractor's managing agent shall
always constitute service upon contractor. Contractor agrees to secure
an annual listing in the local telephone directory in both the white
and yellow pages, as well as an easily locatable online listing, under
the name by which it conducts business in the city.
(h)
Disposal of refuse.
Subject to the terms and conditions
of this agreement, contractor shall be responsible to dispose of the
solid waste material it is required to collect hereunder according
to the city, county, state, and federal regulations at contractor's
expense. Contractor guarantees that they own, lease, or control adequate
disposal capacity for the life of this agreement and all extensions.
Title to commercial construction debris, residential and commercial
garbage, trash, yard waste, bulky waste, debris, residential repair
debris, bundled brush, loose brush, rubbish, trees, refuse and other
waste material as specified herein shall pass to contractor when placed
in contractor's collection vehicle, removed by contractor from
a bin or container, or removed by contractor from the customer's
premises, whichever last occurs.
(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. Regular
service work under this agreement does not include the collection
and disposal of any increased volume resulting from a flood, hurricane,
or similar or different Act of God over which contractor has no control.
In the event of such a flood, hurricane, or Act of God, contractor
shall, at the request of the city, collect and dispose of storm related
debris. A city storm clean-up rate has been included in the schedule
attached hereto as exhibit A to Ordinance 2326. Contractor agrees
to provide twelve (12) hours annually of such service at no charge
to the city. In the event of hazardous weather, the city shall grant
to contractor variances in route and schedules as deemed necessary
to maintain the service levels as described in this agreement.
(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 2172 adopted 11/14/2017; Ordinance
2326 adopted 12/13/2022)
(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 the city and contractor; and that nothing herein
shall be construed as creating a partnership or joint enterprise between
the 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 assignment of this agreement or any right accruing
under this agreement shall be made in whole or in part by contractor
without the express written consent of the city, which consent shall
not be unreasonably withheld. No such consent will be construed as
making the city a party of or to such assignment or subcontract, or
subjecting the city to liability of any kind to any subcontractor.
No assignment shall, under any circumstances, relieve contractor of
its liability and obligation under this agreement, and despite any
such assignment, the city shall deal through contractor. Subcontractors
will be dealt with as workers and representatives of contractor, and
as such shall be subject to the same requirements as to character
and competence as are other employees of contractor.
(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 operation 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 disposal fees associated with the collection, removal, and disposal
of refuse.
(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 public hearing and shall include the specific reasons in support
of city's claim that contractor has substantially breached the
terms and provisions of this agreement. Said hearing shall be conducted
in public by the city council and contractor shall be allowed to be
present and shall be given full opportunity to answer such claims
as are set out against it in the aforesaid notice. If, after said
public hearing, the city council makes a finding that contractor has
failed to provide adequate refuse collection service for the city,
or has otherwise substantially failed to perform its duties hereunder,
the city council may terminate this agreement.
(k)
Nondiscrimination clause.
Contractor, in the execution,
performance, or attempted performance of this service under this agreement,
shall not discriminate against any person because of sex, race, religion,
color, national origin or any other protected class under federal
or state law. Contractor must be an equal opportunity employer.
(Ordinance 2172 adopted 11/14/2017; Ordinance
2326 adopted 12/13/2022)
(a)
Character of workers and equipment.
The direction and
supervision of waste collection and disposal, and salvage operations
shall be by competent, qualified, properly licensed, drug free, uniformed,
and sober personnel, and contractor shall devote sufficient personnel,
time and attention to the direction of the operation to assure performance
reasonably satisfactory to the city. All subcontractors, superintendents,
foremen and workers employed by contractor shall be careful and competent.
Any employee of contractor who misconducts himself or is incompetent
or negligent in the due and proper performance of his duty, or is
disorderly, dishonest, under the influence of drugs or alcohol or
grossly discourteous, shall be subject to disciplinary measures or
termination by contractor.
(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 refuse and rubbish will
be required to follow the regular walk for pedestrians while on private
property. Care shall be taken to prevent damage to property including
shrubs, flowers, and other plants.
(Ordinance 2172 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 disposal of solid waste or the operations
of contractor under this agreement. Contractor shall indemnify and
save harmless the city, all of its officers, agents, servants, licensees,
contractors, subcontractors and employees against any claim or liability
arising from or based upon the violation of any such laws, regulations,
ordinances, orders or decrees, whether by contractor, its officers,
agents, servants, employees, licensees, contractors or subcontractors.
It is agreed and understood that, if the city calls the attention
of contractor to any such violations on the part of this agreement,
its officers, agents, servants, employees, licensees, or subcontractors,
then contractor shall immediately desist from and correct each violation.
(Ordinance 2172 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,
or subcontractors. The cost of such insurance shall be borne by contractor.
Upon execution of this agreement, a notice of cancellation endorsement
will be provided to supplement the certificate of insurance and this
endorsement will provide the city with 30 days' notice in the
event of cancellation providing written evidence of the same to the
city, and shall have each policy including worker's compensation
and employer's liability endorsed to provide a waiver of subrogation
in favor of the city. Insurance is to be placed with insurers licensed
in the state 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 disposal of solid
waste or refuse under this agreement by contractor, including the
work, services, operations, and legal duties of contractor, its officers,
agents, servants, employees, subcontractors, contractors or licensees,
if any, save and except any damage or loss and/or personal injury,
including death, arising out of any acts or omissions of the city
or the city's officers, agents, servants, or employees. Contractor
shall likewise assume all responsibility and liability for and shall
indemnify and hold harmless the city for any and all injury or damage
to city property arising out of or in connection with any and all
negligent acts or omissions of contractor, its officers, agents, servants,
employees, subcontractors, contractors or licensees, including reasonable
attorneys' fees expended by the city in any suit or claim against
contractor for same.
(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 $250,000.00
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 2172 adopted 11/14/2017)
(a)
Contractual rates.
Contractor is authorized to charge
a monthly contractual rate for the collection and disposal of acceptable
waste as follows:
(1)
Residential unit.
Monthly contractual rates for the twice weekly collection of acceptable waste shall be as set forth in the schedule attached hereto as exhibit A to Ordinance 2326. Contractor agrees to pay city a 5% franchise fee and 5% billing fee which will be remitted as set forth in subsection (b).
(2)
Commercial and industrial unit.
The monthly contractual rates for collection of acceptable waste shall be as set forth in the schedule attached hereto as exhibit A to Ordinance 2326. Contractor agrees to pay city a 5% franchise fee and 5% billing fee which will be remitted as set forth in subsection (b).
(3)
Commercial construction/temporary contracts.
Contractor
may have commercial construction contracts or special temporary contracts
where contractor will bill and collect fees at the rates set forth
in the schedule attached hereto as exhibit A to Ordinance 2326. Contractor
is responsible for remitting to the city a 5% franchise fee based
on these billings on a monthly basis.
(4)
Special pick up.
Contractor may bill and collect
for special pick up of acceptable waste at the rates set forth in
the schedule attached hereto as exhibit A to Ordinance 2326. Contractor
is responsible for remitting to the city a 5% franchise fee based
on these billings on a monthly basis.
(b)
Billing and collection.
(1)
The city will serve as billing
and collection agent for residential unit and commercial and industrial
unit billings. The city agrees to bill residential unit and commercial
and industrial unit customers on a monthly basis. The city agrees
to pay to contractor on or before the fifteenth (15th) business day
following the end of the city's fourth weekly billing cycle in
each month the net monthly customer service charge for the preceding
month. The net monthly customer service charge shall be calculated
as follows:
a.
The "gross residential monthly customer service charge," which
is calculated by multiplying the monthly contractual rate times the
total number of residential monthly customers based on a monthly revenue
report generated by the city; plus
b.
The "gross commercial and industrial monthly customer service
charge," which is calculated by multiplying the monthly contractual
rate times the total number of commercial and industrial monthly customers
based on a monthly revenue report generated by the city; less
c.
A franchise fee equal to five percent (5%) of both 1) the "gross
residential monthly customer service charge" and 2) the "gross commercial
and industrial monthly customer service charge"; less
d.
A billing fee equal to five percent (5%) of both 1) the "gross
residential monthly customer service charge" and 2) the "gross commercial
and industrial monthly customer service charge."
(2)
The city shall be entitled to establish rates by ordinance above
the monthly contractual rates and collect amounts greater than the
gross residential monthly customer service charge and the gross commercial
and industrial monthly customer service charge to compensate for administrative
costs.
(c)
Sales tax.
The city shall collect and remit all appropriate
sales taxes to the State Comptroller's office of the State of
Texas.
(d)
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 hereto as exhibit
A to Ordinance 2326.
(Ordinance 2172 adopted 11/14/2017; Ordinance
2326 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)
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.
(c)
Amendments.
This agreement contains the entire agreement
of the parties hereto concerning the subject matter hereof, and no
other written or verbal agreements or understandings exist. Amendments
which are consistent with the purposes of this agreement may be made
with the mutual consent of the parties and in accordance with the
city charter and other applicable laws and ordinances provided, however,
that no amendment hereto shall be effective unless made by written
instrument signed by the parties hereto.
(d)
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:
|
Allied Waste Services of Fort Worth
ATTN: General manager
6100 Elliott-Reeder Road
Fort Worth, Texas 76117
|
(2)
Or, such other addresses as the parties may hereafter specify
by written notice delivered in accordance herewith.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(j)
Hazardous material collection day.
Contractor will
pay $9,000.00 by April 1st, of each year for a hazardous waste collection
day once a year for the term of this agreement.
(k)
Educational program.
Contractor shall invest $3,000.00
annually for solid waste education. These funds are payable to the
city for printed material to be used for educational programs for
solid waste. This payment is due on or before the 15th day of October
for each year of the term of this agreement.
(l)
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 2172 adopted 11/14/2017)
