HomeMy WebLinkAboutAttachement Ord 408 Allied Trinty Waste contract PA
WASTE SERVICES V
December 17, 2001
Mr. Trent Petty
Town Manager
Town of Westlake
3 Village Circle, #207 Solana
Westlake, Texas 76262
RE: Ordinance No. 408
Dear Mr. Petty:
Please find attached a fully executed copy of the agreement established under Ordinance No. 408
between the Town of Westlake and Trinity Waste Services. We look forward to a mutually
beneficial service to be provided under the terms of the agreement.
There are a few items we found upon reading the agreement. Those are as follow:
Page 2, item 15:
Item 15 refers to six (6) landfills identified in Appendix B but there are only five (5)
listed. We suggest adding the City of Dallas' McCommas Bluff Landfill as the sixth. If
we do this, Item 15 would not be in disagreement with Appendix B and would not need
to be changed. As a further clarification,the first landfill listed only as Waste
Management and should be Waste Management DFW.
Page 9, SECTION 8:
2. Commercial Recycling Report:
Because of operational issues, participation and tonnage of materials produced by each
account cannot be accurately determined. Commercial recycling loads are commingled
in such a way that separate accounts cannot be recognized. We can report numbers of
commercial recycling customers.
We propose that paragraph 2 should read:
Commercial Recycling Report—at least quarterly, COMPANY will provide TOWN said
report, which at a minimum includes the number of commercial recycling customers by
type.
TRINITY WASTE SERVICES, 6100 Elliott Reeder Road, Fort Worth,Texas 76117
Tel:(817)332-7301 Fax: (817)831-2020 Customer Service Fax(817)831-7489
Printed on recycled paper
AN T-y--
3. Residential Recycling Report:
We have found that the only true measure of Residential Recycling is the diversion rate
and would propose to report same in the Residential Recycling Report. The diversion
rate is a measure of the tons diverted through recycling compared to the overall tonnage
produced by the residential sector. Individual components of the recycling stream cannot
be measured as to a specific customer city. We can provide estimates of these
percentages based on the overall stream.
We propose that paragraph 3 should read:
Residential Recycling Report—at least quarterly, COMPANY will provide TOWN said
report, which at a minimum includes the number of residential customers, tons diverted
through recycling and best estimates of the percentage of each component of the
recycling stream.
Page 10, SECTION 11, para. 2, (ii):
To clarify, for both parties benefit, we propose that this section of the paragraph be
modified as follows:
... Date and (ii) any increases in disposal cost since October 1 2001 or previous rate
adjustments whichever is later. COMPANY shall submit .....
We apologize in advance for any confusion these suggestions may cause you however stand
ready to answer questions or discuss at your convenience. We believe these proposed changes
simply clarify the intent of both parties and will serve to avoid misunderstandings in the future.
With these clarifications and your concurrence in same,this letter serves as our written
acceptance of Ordinance Number 408 of the Town of Westlake. We view this clarification letter
as a written amendment to our agreement and will not require formal changes to the body of the
ordinance so long as that is agreeable with you. If you agree, please sign at the point indicated
below and return one copy of this letter for our files.
We at Trinity Waste Service appreciates the opportunity to provide these services to the Town of
Westlake. Should you have any questions, please contact me.
Sincerely, Agreed
J7m-
Jim Lattimore Trent Pet
Municipal Marketing Manager Town Manager
Trinity Waste Services Town of Westlake
TOWN OF WESTLAKE
ORDINANCE NO. 408
AN ORDINANCE OF THE TOWN BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS DEFINING TERMS; REQUIRING THE PAYMENT OF
COMPENSATION FOR THE USE OF THE STREETS, ALLEYS, HIGHWAYS,
PUBLIC THOROUGHFARES, AND PUBLIC WAYS WITHIN THE TOWN OF
WESTLAKE, TEXAS, BY TRINITY WASTE SERVICES TO PROVIDE SOLID
WASTE SERVICES; PROVIDING THE TERM; PROVIDING CONDITIONS OF
SUCH USAGE; FINDING SUCH COMPENSATION TO BE REASONABLE;
PROVIDING FOR ACCEPTANCE; PROVIDING FOR INDEMNIFICATION;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE TEXAS:
SECTION 1: Pursuant to the laws of the State of Texas and this Ordinance,
Trinity Waste Services, (COMPANY) has the NON-EXCLUSIVE right and privilege to
USE the public RIGHTS-OF-WAY within the Town of Westlake for the operation of
solid waste services subject to the restrictions set forth herein and to the lawful exercise
of police power by the TOWN as the TOWN shall now or hereafter by Charter,
Ordinance, or Resolution provide. The terms of this Ordinance shall apply throughout
the TOWN, and to all operations of the COMPANY within the TOWN, and shall include
all operations and facilities used in whole or in part in the provision of solid waste
services in newly annexed areas upon the effective date of any annexation.
SECTION 2: Whenever used in this Ordinance, the following words and terms
shall have the definitions and meanings provided in this Section:
1. ANNUAL FEE: Compensation for the use, occupancy, oversight, supervision and
regulation of the RIGHTS-OF-WAY.
2. BRUSH: Limbs, branches and other trimmings which can not be placed in
disposable containers and/or exceeds 4 feet in length and 6 inches in diameter.
3. BULKY WASTES: Large discarded items from residences within the TOWN
such as furniture, appliances, bedding, household goods, and other similar objects
that are more than 4 feet square or 4 feet in diameter and weigh more than 75
pounds. Refrigerators, freezers, air.conditioners and any other appliances or
equipment utilizing freon which have not been properly discharged or that
COMPANY is otherwise precluded from collecting by law, will not be collected
without additional charge.
4. TOWN: The Town of Westlake,Texas.
5. COMMERCIAL CONTAINERS: Metal containers of 2 yard capacity or greater
supplied by COMPANY to service commercial customers.
6. COMMERCIAL CUSTOMER: Any customer using a metal container of 2 yard
or greater.
7. COMMERCIAL HAND-LOAD CUSTOMER: Any commercial customer not
using a commercial container.
8. COMPANY: Trinity Waste Services.
9. CONSUMER PRICE INDEX: "CPI" shall mean the (CPI-U), Dallas/Fort Worth
area, all items, published by the United States Department of Labor, Bureau of
Labor Statistics 1982-1984 = 100. In the event the U.S. Department of Labor
Statistics ceases to publish the CPI, the parties hereto shall substitute another
equally authoritative measure of change in the purchasing power of the U.S.
10. CUSTOMER: All person, household, tenant or business receiving solid waste
services.
11. CURBSIDE SERVICE: Garbage, trash, yard waste, brush, bulky wastes and
recyclable materials to be picked up by the COMPANY which will be located at
the curbside of the street bearing the customer's address.
12. CONSTRUCTION MATERIALS: Dirt, concrete, rocks, bricks, lumber, shingles,
plaster, sand or gravel and other waste building materials.
13. DIRECTION OF THE TOWN: All ordinances, laws, rules, regulations and
Charter provisions of the TOWN now in force or that may hereafter be passed and
adopted which are inconsistent with this Ordinance.
14. DISPOSABLE CONTAINERS: Any plastic bag or cardboard box with a capacity
of volume of thirty (30) gallons or less and which is capable of containing
garbage, trash or solid waste without leaking or emitting odors, and which
weighs, when loaded, less than fifty (50)pounds.
15. DISPOSAL COST: Disposal cost shall mean the composite index established
using the gate rates from the six (6) landfills identified in Appendix B.
16. FACILITIES: Any buildings, structures, or containers used for the collection,
separation or disposal of solid waste.
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17. GARBAGE: All animal or vegetable waste (as from a kitchen or food processing
facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including
heavy accumulations of newspapers and magazines) and any other household
waste which is damp or capable of emitting noxious odors.
18. HAZARDOUS WASTES: All fecal material, oil, sludge (other than that material
generated by the TOWN's Wastewater Treatment Plant unless such material is
subsequently designated by the US Environmental Protection Agency ("EPA") or
appropriate agency of the State of Texas as a hazardous waste) and any
radioactive, pathological, toxic, acidic or volatile materials, or any chemical
compound, mixture, substance or article which is designated by the EPA or
appropriate agency of the State of Texas to be "hazardous", "toxic",
"contaminant" or "pollutant" as such terms are defined by or pursuant to federal
or state laws.
19. NON-EXCLUSIVE: No rights provided for in this Ordinance by the TOWN
shall be exclusive, and the TOWN reserves the right to grant franchises, licenses,
easements or permissions to use the public RIGHTS-OF-WAYS within the
TOWN to any person or entity as the TOWN, in its sole discretion may determine
to be in the public interest.
20. RECYCLING CONTAINIERS: An eighteen (18) gallon container for use by
residential customers for curbside recyclable materials collection by COMPANY.
21. RECYCLABLE MATERIALS: Recyclable materials shall mean:
a. Newsprint& magazines.
b. Telephone directories in conjunction with re-directory projects.
c. Glass bottles and jars but not including mirrors, windows, ceramics or other
glass products.
d. Aluminum and tin cans used for beverage, food, beer, and soft drinks
composed of tin, steel, or aluminum but excluding scrap metal.
e. Plastics composed of H.D.P.E. (high density polyethylene) and P.E.T.
(polyethylene terephthalateI bottles, numbers 1, 2, and )3.
f. White paper products including mail, office paper, advertisements and similar
materials.
g. Old Corrugated Cardboard (OCC) and Chip Board.
As recycling markets open up to additional recyclables, this list may be expanded
based on mutual agreement of TOWN.and COMPANY.
22. RESIDENTIAL CUSTOMER: Any household receiving curbside service.
23. RIGHTS-OF-WAY: All present and future streets, avenues, highways, alleys,
bridges and easements dedicated for public use within the town limits of the
TOWN.
24. SOLID WASTE: All garbage, trash, recyclable materials, brush, yard waste,
bulky waste and construction materials.
25. TNRCC: Texas Natural Resources Conservation Commission.
26. TRASH: All household refuse other than garbage, construction materials, brush
and bulky wastes. Trash includes yard waste, heavy accumulations of newspapers
and magazines, old clothes and other household trash of like kind, but shall not
include hazardous wastes or refrigerators, freezers, air conditioners or other
appliances or equipment using freon which has not been properly discharged or
other items banned by state or federal regulation to prohibit from disposal in
landfills.
27. YARD WASTE: Grass clippings, yard cleanings, leaves, tree trimmings and
branches. Tree trimmings and branches must be 4 feet or less in length and no
more than 6 inches in diameter and weigh less than 50 lbs.
SECTION 3: This Ordinance shall be in full force and effect for the period
beginning with the effective date hereof and ending ten (10) years after such date. This
Ordinance may be extended for additional five (5) year terms if mutually agreed to by
both parties in writing,
SECTION 4: The Town expressly reserves the right to establish necessary rules
and regulations for solid waste services and from time to time modify those rules and
regulations. However, COMPANY shall be given due written notice and if requested in
writing, the COMPANY shall be entitled to a hearing before the Westlake Town Council
prior to the adoption of any such requirements. The Town may impose penalties of$100
per day for failure of COMPANY to perform those duties outlined in this agreement
between TOWN and COMPANY. TOWN will notify COMPANY of such failure in
accordance to comply and COMPANY will have all rights and privileges outlined in
Section 12, Remedy for Failure to Comply.
SECTION 5: The TOWN shall establish requirements for residential customers
(and commercial customers not utilizing Commercial Containers) as follows:
i. All garbage, trash and yard waste shall be placed in containers in such a manner
as to prevent same from being scattered. Tree trimmings and branches shall be
tied and bundled for bi-weekly collection.
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2. All containers and tied and bundled yard waste shall be placed at the curbside on
the street bearing the customers address.
3. Garbage, trash and/or yard waste shall not be placed at curbside more than twelve
(12) hours prior to the day of pickup. All containers shall be placed at the
foregoing prescribed locations not later than 7:00 a.m. on the day of scheduled
collection, if it's to be picked up.
4. All garbage, trash and/or yard waste mixed with water or other liquids shall be
drained before being placed into a disposable garbage or trash container.
5. All recyclable materials shall be placed in eighteen (18) gallon containers
furnished by COMPANY and placed at curbside on the street bearing the
customer's address. Recyclable materials shall not be placed at curbside more
than twelve (12) hours prior to the day of pickup. All containers shall be placed
at the foregoing prescribed locations not later than 7:00 a.m. on the day scheduled
collection, if it's to be picked up.
6. Bulky items shall be placed at the curbside on the street bearing the customer's
address no later than 7:00 a.m. on the.day of scheduled collection. Bulky items
containing Freon such as refrigerators, freezers, and air conditioners must be
properly discharged for collection by COMPANY. Brush must be tied and
bundled not to exceed 50 lbs. in weight and 4 feet in length.
SECTION 6: It shall be the duty and obligation of COMPANY to perform the
following services:
1. COMPANY shall furnish vehicles, equipment, machinery, tools, labor, and
landfill site, at its own expense, to adequately, efficiently and properly collect and
dispose of solid waste from premises within the corporate limits of the TOWN in
a systematic,clean, healthful and sanitary manner.
2. COMPANY shall provide curbside service, including garbage, bulky waste, trash
and yard waste to residential customers twice each week.
3. COMPANY shall provide each- residential unit within TOWN's limn
appropriate recycling container, which shall be dedicated solely to the collection
of Recyclable Materials. Such containers shall be delivered to Town Hall by
COMPANY along with brochures explaining how the container is to be used and
other information pertinent to the recycling service.
4. COMPANY shall furnish vehicles, equipment, machinery, tools and labor at its
own expense, to adequately, efficiently and properly collect and process
recyclable materials from single-family premises within the corporate limits of the
TOWN in a systematic, clean, healthful and sanitary manner.
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5. COMPANY shall make one (1) collection for recyclable materials every week for
each single-family residential customer on a day scheduled for garbage, trash and
yard waste collection. Any collections by COMPANY shall in no way preclude
the collection of recyclable materials by volunteer groups within the TOWN.
6. COMPANY agrees that all vehicles used by the COMPANY for the collection
and transportation of solid waste shall be protected at all times while in transit to
prevent leakage and the blowing or scattering of refuse onto the public streets of
TOWN or properties adjacent thereto. In the event, however, that leakage or
refuse onto TOWN public streets occur, COMPANY shall immediately remove
same in a safe manner. If COMPANY determines that said leakage or refuse
cannot be removed in a safe and efficient manner, COMPANY shall take all
measures to secure the area and immediately contact the TOWN. Further, such
vehicles shall be clearly marked with COMPANY's telephone number and name
in letters and numbers not less than four (4) inches in height. All collection
equipment shall be washed and deodorized as necessary. Residential collection
vehicles shall be 20 yard front load vehicles or other approved unit by TOWN.
All vehicles will be operated within design weight capacity.
7. COMPANY shall establish routes and schedules necessary for the collection of
solid waste as necessary to fulfill the requirements of this Agreement. Further,
COMPANY will utilize written route books for the collection of refuse from all
residential and commercial customers. TOWN shall have the right to require
alteration of services to any premises wherein unsightly or unsanitary conditions
have resulted from inadequate containers or an insufficient number of collections,
and COMPANY shall be compensated by the owner or occupant for any such
required additional services. The Town Manager or his designee shall approve all
routes and schedules and any changes therein. However, TOWN shall not
unreasonably withhold said request. TOWN reserves the right to limit or deny
COMPANY's vehicles access to certain streets, alleys, and public ways inside the
TOWN where it is in the interest of the general public to do so because of the
condition of streets and bridges.
8. COMPANY shall provide commercial containers for garbage and trash storage
available upon request of the owner or occupant of any premises within the
corporate limits of TOWN, excluding single-family and two-family residences.
Multifamily dwelling complexes consisting of three (3) or more units shall be
classified as commercial and must be collected as commercial customers. The
commercial containers provided by COMPANY shall be (i) equipped with
suitable covers to prevent blowing or scattering of refuse while being transported
for disposal of their contents, (ii) maintained in good repair, appearance, and in a
sanitary condition, and (iii) clearly marked with the COMPANY's name and
telephone number in letters not less than two (2) inches in height. An annual
replacement and repair schedule for commercial containers will be provided to the
Town for its review and approval.
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9. COMPANY shall locate all facilities and containers so as not to interfere with the
flow of water in any gutter or drain, and so that the same shall not unduly
interfere with ordinary travel on the streets, alleys, highways, public
thoroughfares, public utility easements and public ways, and so that they shall not
compromise public safety. The location of facilities and containers to be placed
and constructed by the COMPANY within the limits of the TOWN shall be
subject to the reasonable and proper regulation, control and direction of the
governing body or of any TOWN official to whom such duties have been or may
be delegated.
10. COMPANY shall provide, upon request, recycling services to all customers
within the corporate limits of TOWN. Further, COMPANY will provide the
necessary size and number of containers for the service at its own expense.
11. COMPANY shall make two (2) collections each week, at least three (3) days
apart, for each residential customer and each commercial customer not utilizing or
requiring commercial containers. Hours of service shall be from 7:00 a.m. to 7:00
p.m. for residential customers and commercial customers not utilizing or requiring
commercial containers and from 3:00 a.m. to 7:00 p.m. for other commercial
collection services. No collections will be made on Sundays. COMPANY shall
be exempt from making collections on the following holidays: New Year's Day,
Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day.
COMPANY will be required to make collections the day following a holiday for
those customers missed due to the holiday. COMPANY reserves the right to
work on any paid holidays as necessary unless the day following a holiday is a
Sunday, in which event COMPANY shall make collections on the following day.
12. COMPANY shall collect all tied and bundled brush and bulky items bi-weekly. If
within three (3) working days of notification, whether by the owner, occupant, or
TOWN, COMPANY fails to collect said material, COMPANY will be penalized
$100 for each day collection is not made.
13. COMPANY shall not be required to collect and dispose of(i) Hazardous Wastes,
or (ii) refrigerators, freezers, or other appliances or equipment utilizing Freon not
properly discharged, generated within the TOWN or otherwise situated within the
TOWN or other items banned by state or federal regulation to prohibit from
disposal in landfills. Provided, COMPANY may elect to dispose of any such (i)
Hazardous Wastes, or (ii) refrigerators, freezers, or other appliances or equipment
utilizing Freon not property discharged, upon receipt of appropriate and
reasonable compensation therefore.
14. COMPANY shall, at its own expense, provide a telephone answering service
during all non-operating hours. COMPANY shall secure an annual listing in a
local telephone directory under the name by which it conducts business in the
community.
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15. COMPANY shall carry, at a minimum,the following types of insurance;
a. Worker's Compensation insurance covering all employees engaged in any
operations covered by this Agreement as required by the State of Texas
Automobile Liability- not less than $500,000 for injuries including
accidental death to any one person and (subject to the same limit for each
person) not less than $1;000,000 on account of one accident, and
automobile property damage insurance not less than$100,000.
b. General Liability- not less than $1,000,000 covering each occurrence on
account of bodily injury, including death, and not less than $100,000
covering each occurrence on account of property damage.
C. Such policies of insurance shall be issued by companies authorized to do
business in the State of Texas and shall name TOWN as an additional
insured. Certificates evidencing such insurance contracts shall be
deposited with TOWN prior to COMPANY performing its duties and
obligation in the Agreement. All policies must provide that they may not
be changed or canceled by the insurer without providing TOWN at least
five (5) days written notice of such change or cancellation. Any change or
cancellation in policies shall be considered a default of the Agreement by
COMPANY unless the coverage's herein are continuously maintained by
COMPANY.
16. COMPANY shall provide solid waste service, including the weekly pickup of
recyclable materials, to facilities owned and/or operated by the TOWN at no
charge to the TOWN, including facilities acquired by the TOWN during the term
of this Agreement. Company shall also provide roll-off containers for TOWN's
use at rates to be mutually agreed to but, in no cas shall to exceed those se
charged to all other commercial customers.
SECTION 7: COMPANY shall promo e its services in estlake through
community education programs. The minimum requirements include:
1. COMPANY will schedule and present its arth Academy" to all elementary
schools annually throughout the term of this agreement.
2. COMPANY will develop and distribute its commercial newsletter "Tracking
Trash" to all commercial customers once per year during the term of this
agreement.
3. COMPANY will develop and distribute brochures describing its Commercial
Recycling program. COMPANY will meet with each commercial customer at
least annually and more often if necessary to fully integrate commercial recycling
in Westlake.
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4. COMPANY will develop and furnish to TOWN its annual newsletter for
inclusion in TOWN newsletter. COMPANY will be responsible for any
additional cost, if any, in distributing its newsletter.
5. COMPANY will develop a Restaurant Recycling program in TOWN within 180
days of approved agreement. COMPANY and TOWN will meet with restaurant
owners and/or managers to outline a program. COMPANY will be responsible
for development and distribution of any materials to promote the program.
SECTION 8: COMPANY shall provide TOWN with all necessary reports
required by the TOWN for its use in managing solid waste services in Westlake.
COMPANY will provide, at minimum, the following reports:
1. Solid Waste Report - at least quarterly, COMPANY will provide TOWN said
report, which at minimum includes the number of loads, total yards, and total
tonnage of non-recyclable materials deposited by landfill.
2. Commercial Recycling Report - at least quarterly, COMPANY will provide
TOWN said report, which at minimum includes the number of commercial
customers by type, number of participants by type, participation rate, tonnage of
materials by material.
3. Residential Recycling Report - at least quarterly, COMPANY will provide
TOWN said report, which at minimum includes the number of residential
customers, number of participants, participation rate, tonnage of materials by
material.
4. Annual TNRCC Solid Waste Reports - COMPANY will complete all necessary_
solid waste reports on behalf of TOWN for submittal to TNRCC.
TOWN will receive all monthly reports on or before the 15th of the month following the
reporting Period. Annual TNRCC reports will be received by TOWN at least 30 days
prior to due date for TOWN review and approval. The TOWN may, at its sole discretion,
require other report's it believes is necessary for the management of solid waste services
in Westlake.
SECTION 9: COMPANY will not be required to clean up or collect loose
residential solid waste not created by its operation, but shall report the location of such
conditions to TOWN so that proper notice can be given to the occupant of the residence
to properly contain such solid waste. Spillage or excess solid waste at the location of
commercial containers may be picked up by COMPANY after the commercial customer
reloads the commercial container. COMPANY shall then be entitled to, and shall receive
an extra collection charge for each reloaded container requiring an extra collection_
Should such commercial spillage continue to occur, TOWN shall require the commercial
customer and COMPANY to increase the frequency of collection of such customer's
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refuse, or require the customer to utilize a commercial container with a larger capacity,
and COMPANY shall be compensated for such additional services.
SECTION 10: Should a dispute arise between TOWN, COMPANY and/or a
customer as to whether the COMPANY actually failed to make a collection (whether the
COMPANY missed a pickup) the decision of the Town Manager or his designee on such
matter shall be final and TOWN and COMPANY shall abide by said decision. However,
it is understood and agreed by and between TQWN and COMPANY that if any customer
fails to timely place solid waste and disposable containers out, maintains improper or
inadequate containers for the natural volume, or weight of solid waste to be removed
from one's premises, COMPANY may refrain from collecting all or a portion of such
solid waste and shall notify TOWN of the reason for such non-collection. COMPANY
shall also provide notice to the customer of the reason for such non-collection (unless
such non-collection is the result of the customer's failure to timely place the solid waste
out for collection). COMPANY's notice to the customer shall be in writing, attached to
the front door of the residence or commercial business, and shall indicate the nature of
the violation and the correction required in order that such solid waste may then be
collected at the next regular collection date. When TOWN is notified by a customer that
solid waste or brush has not been removed from his premises on the scheduled collection
day and where no notice of non-collection nor a change in the collection schedule has
been received from COMPANY, TOWN shall investigate. If the investigation discloses
that COMPANY has failed to collect solid waste from the subject premises without
cause, COMPANY shall collect same within twenty-four (24) hours after a collection
order is issued by TOWN. If COMPANY fails to do so, the TOWN will impose and
collect a penalty of $100 for each 24-hour period or portion thereof collection is not
made.
SECTION 11: RATES AND CHARGES
1. All residential and commercial rates will be established annually by ordinance
prior to October 1.
2. Base Rate Escalation: COMPANY shall maintain such residential and
commercial rates (the "Base Rates") until October 1, 2003. On each anniversary
thereafter, (the "Rate Modification Date") the Base Rates shall be increased by a
combination of(i) the percentage increase in the CPI for the most recent twelve
(12) month period (April - March Southwest Statistical Summary) immediately
preceding the Rate Modification Date and (ii) any increases in disposal costs.
COMPANY shall submit to TOWN in writing its adjustment to the Base Rate and
the supporting data for same on or before July 1 of each year, beginning on July 1,
2003.
The base rate shall be divided into operations and disposal. Operations equals
70% of the base rate. Disposal equals 30% of the base rate. Operations will be
adjusted by the CPI for the most recent twelve (12) month period, (April 1 -
10
March 30). Disposal will be adjusted by the average increase in disposal cost as
represented in Appendix B.
base rate x 70 = O
base rate x 30 = D
Where O is Operations and D is Disposal
O X CPI = NO
D X Disposal Cost = ND
Where NO is New Operations and ND is New Disposal
NO +ND = New Base Rate
Any other cost increases including state, federal and local fees, taxes or other
additional disposal regulatory charges imposed on disposal since the last rate
modification, and any expenditures required of COMPANY solely because of
federal, state or local law, rule, regulation, ordinance, order, permit or permit
condition becoming effective since the last rate modification may be considered
by TOWN on a case-by-case basis. If COMPANY makes a request for increase
above the amount calculated above. COMPANY must provide sufficient data
including, but not limited to, audited financial statements. Every adjustment to
COMPANY charges or compensation established herein will be cumulative and
in addition to every other adjustment conferred herein.
3. Alternative Rate Escalation: TOWN may, at its discretion, implement full cost
accounting for the annual establishment of solid waste rate. COMPANY agrees
to provide all necessary information to prepare such reports, however, TOWN
shall give COMPANY at least 90 days to complete such research.
4. Customer Billing: TOWN shall bill all residential customers served by
COMPANY. COMPANY shall bill all commercial and industrial served by
COMPANY.
5. Payment to COMPANY: TOWN shall pay to COMPANY on or before the 15`h
day of each month the service charges for residential services rendered during the
preceding month. TOWN shall collect and remit to the appropriate agency of the
State of Texas all appropriate sales taxes. TOWN shall withhold an amount equal
to twelve percent (12%) of gross billing as a franchise fee.
6. Payment to TOWN: COMPANY shall pay to TOWN as a franchise fee an
amount equal to twelve percent (12%) of the gross revenues received by
COMPANY for its commercial services provided within the TOWN during the
immediately preceding twelve (12) month period, ending March 30 of each year.
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Such Franchise Fee shall be payable in monthly payments on or before the 15"'
day after the month at service.
SECTION 12: Notwithstanding any other provision herein, this ordinance may be
terminated by the TOWN for failure of the COMPANY to comply with any terms,
conditions or provisions of this Ordinance in accordance with the following procedures:
1. If the TOWN determines that the COMPANY has breached or violated any of the
material provisions of this Ordinance,'-it shall notify the COMPANY in writing of
the applicable provision(s) of this Ordinance, of the circumstances alleged to
constitute the breach or violation thereof and the action requested of the
COMPANY to correct such alleged breach or violation, and the time within
which any such action shall be taken. The COMPANY shall respond in writing
within fifteen (15) days of receipt of such written notice notifying the TOWN of
the measures, if any, it is taking to remedy the complaint and the time within
which such measures are anticipated to be completed or with a written statement
of the reasons the COMPANY feels that no breach or violation has occurred.
2. If, upon receiving a written response, the TOWN continues to believe that such
breach or violation has occurred or is dissatisfied with the response or remedies
proposed by the COMPANY, it shall call a public meeting of the Town Council
to consider such issues. The COMPANY shall be given at least ten (10) days
written notice of such meeting and issues which the Town Council is to consider.
3. The Town Council shall consider the issues and hear any person interested in the
matter, and the Town Council shall determine in its discretion whether or not any
breach or violation by the COMPANY has occurred.
4. If the Town Council shall determine the violation by the COMPANY was the
fault of the COMPANY and within its control, the Council may order compliance
within such reasonable period as the Council may determine, but no less than
fifteen (15) days.
5. If the COMPANY fails to remedy the breach or violation as determined by the
Town Council to be a material breach or violation of this Ordinance or if the
COMPANY fails to acknowledge by responding in writing that a breach or
violation has occurred within the time periods determined in the section, then
either party may seek a declaratory judgment in a District Court in Tarrant
County, Texas to determine if such breach or violation has occurred and whether
such breach or violation is sufficient cause for termination of this Ordinance.
6. The COMPANY shall not be excused from complying with any of the terms and
conditions of this Ordinance or any failure of the TOWN upon any one or more
occasions to insist upon or to seek compliance with any such terms or conditions.
12
SECTION 13: For the purpose of this Ordinance, notice to the TOWN will be to:
Town Manager
Town of Westlake
3 Village Circle, #207 Solana
Westlake, Texas 76262
Notice to the COMPANY will be:
General Manager
Trinity Waste Services
6100 Elliot Reeder Road
Fort Worth, Texas 76117
Notice will be effective upon delivery at the above addresses until the TOWN or
COMPANY notifies the other, in writing,of a change in the address.
SECTION 14: ASSIGNMENT OF ORDINANCE
1. The COMPANY shall be a legal entity with legal capacity to operate and
maintain a local solid waste company in the Town of Westlake.
2. This Ordinance and any rights or privileges hereunder, shall not be assignable to
any other parry without the express consent of the Westlake Town Council. Such
consent to be given by an ordinance of the Town Council, which ordinance shall
fully contain the terms and conditions, if any, upon which such consent is given
further provided that such consent by the Town Council will not be unreasonably
withheld. Any assignee must agree in writing to all terms and conditions in the
Agreement prior to any consent to assignment being given by TOWN.
SECTION 15: All of the regulations provided in this Ordinance are hereby
'declared to be for a public purpose and the health, safety and welfare of the general
public. Any member of the governing body or TOWN official or employee charged with
the enforcement of this Ordinance, acting for the TOWN in the discharge of his duties,
shall not thereby render himself personally liable; and he is hereby relieved from all
personal liability for any damage that might accrue to persons or property as a result of
any act required or permitted in the discharge of his said duties. Neither the TOWN nor
the COMPANY, by accepting this Ordinance, waives its right to seek all appropriate
legal and equitable remedies as allowed, by law upon violation of the terms of this
Ordinance.
SECTION 16: This Ordinance shall be construed under and in accordance with
the laws of the State of Texas.
13
SECTION 17: Venue for any proceedings under this Ordinance shall be in
Tarrant County, Texas.
SECTION 18: All other ordinances and agreements and parts of ordinances and
agreements in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 19: That nothing herein contained shall be construed as giving to the
COMPANY exclusive rights under this Ordinance.
SECTION 20: The COMPANY, as a condition of the grant of the rights and
privileges hereunder, and in consideration thereof, shall indemnify and hold the TOWN,
its elected officials, officers, employees, agents, or representatives harmless against all
claims for damages to persons or property by reasons of the operation of the COMPANY
and conduct of its business, or in any way growing out of the granting of this Ordinance,
directly, or indirectly, including any court costs, attorney's fees, expenses, and defenses
thereof, when such injury shall have been caused by the willful, wrongful or negligent
act, omission, or misconduct, of the COMPANY or any of its officers, agents or
employees, or by any person for whose negligent act or omission or misconduct the
COMPANY is by law responsible. This indemnity shall only apply to the extent that the
loss, damage or injury results from the negligence or wrongful act or omission of the
COMPANY, its officers, agents or employees, and does not apply to the extent such loss,
damage or injury is attributable to the negligence or wrongful act or omission of the
TOWN, or the TOWN's elected officials, officers, employees, agents, or representatives
or entity. This provision is not intended to create a cause of action or liability for the
benefit of third parties but is solely for the benefit of the COMPANY and the TOWN.
SECTION 21: Notwithstanding anything contained in this Ordinance to the
contrary, in the event that (a) this Ordinance or any part hereof, (b) any procedure
provided in this Ordinance, or (c) any compensation due the TOWN under this
Ordinance, becomes, or is declared or determined by a judicial, administrative or
legislative authority exercising its jurisdiction to be excessive, unrecoverable,
unenforceable, void, unlawful or otherwise inapplicable, in whole or in part, the
remainder of the ordinance shall be fully enforceable.
SECTION 22: It is hereby officially found and determined that the meeting at
which this Ordinance is passed is open to the public as required by law and that public
notice of the time, place and purpose of said meeting was given as required.
SECTION 23: This Ordinance governing street use may be amended at any time
by the mutual agreement of the TOWN and the COMPANY. It is understood that the
COMPANY is currently in the process of negotiating similar ordinances with other cities
throughout the state. It is understood and agreed that if an ordinance governing street use
with another town or city in this state contains a provision, which the TOWN feels would
be more advantageous to it than the terms hereof, the TOWN may require that portion of
this Ordinance be reopened for negotiation. The intent of the parties is that the TOWN
will be entitled only to treatment comparable to that which was afforded under the
14
ordinance with the other town or city giving due consideration to the contextual meaning
of the provision on which renegotiation is sought and the effect of the proposed
amendment on the meaning of the ordinance as whole.
SECTION 24: That the COMPANY shall have thirty (30) days from and after the
passage and approval of this Ordinance to file its written acceptance thereof with the
Town Secretary, and after such acceptance is filed, this Ordinance shall take effect and be
in force from and after October 1, 2001.
SECTION 25: Either party may terminate this agreement, with or without cause.
with 90 days prior written notification.
PASSED AND APPROVED BY THE TOWN OF WESTLAKE, TEXAS on this
26TH day of NOVEMBER, 2001.
Scott Bradt'ey, Mayo
ATTEST:
G'nge rosswy, Town cretary Trent 0. Petty n Manager
APPROV D AS,FORM:
L. tan Lo)?6 Atto ey
ACCEPTED:
TRINITY W STE SER ICE
NAM .
TITLE:
DATE OF ACCEPTANCE:��S L
15
Appendix "A"
TRINITY WASTE SERVICES
FRANCHISED CITY RATES
TOWN OF WESTLAKE
COMMERCIAL FRONT-LOAD RATES
PICKUPS PER WEEK
SIZE I X 2X 3X 4X SX 6X EXTRA
2 YD 43.46 68.09 92.72 117.35 141.97 166.61 18.83
3 YD 53.60 89.82 126.04 162.25 198.47 234.68 19.93
4 YD 65.20 1 108.66 1 152.11 195.57 1 239.04 1 282.50 1 21.03
6 YD 76.64 145.00 202.82 260.77 1 318.72 376.66 21.73
8 YD 112.61 185.43 257.87 330.30 1 402.74 475.18 22.83
COMMERCIAL ROLLOFF RATES
SIZE TYPE DELIVERY RENTAL HA UL DISPOSAL TOTAL DEPOSIT
PER.DAY PER LD PER LD PER LD PER CONT
20 YD OPEN 70.00 3.00 114.28 125.00 239.28 200.00
25 YD OPEN 70.00 3.00 114.28 156.25 270.53 200.00
30 YD OPEN 70.00 3.00 114.28 187.50 301.78 200.00
35 YD OPEN 70.00 3.00 114.28 218.75 333.03 200.00
40 YD OPEN 70.00 3.00 114.28 250.00 364.28 200.00
28 YD COMP NEGO NEGO 114.28 222.60 336.88 NEGO
30 YD COMP NEGO NEGO 114.28 23850 352.78 NEGO
35 YD COMP NEGO NEGO 114.28 278.25 392.53 NEGO
40 YD COMP NEGO NEGO 114.28 318.00 432.28 NEGO
42 YD COMP NEGO NEGO 114.28 333.90 448.18 NEGO
FRANCHISE FEE PERCENTAGE 12.00% 12.00%
LOOSE COMP
DISPOSAL RATE PER YARD $5.50 $7.00
FRANCHISE FEE MARKUP $0.75 $0.95
TOTAL COST PER YARD $6.25 $7.95
COMMERCIAL HANDLOAD 2 TIMES PER WEEK @$10.59 PER MONTH(Limit 4 bags)
CASTERS: $10.00 /MONTH LOCKS: $1.00 /MONTH
RESIDENTIAL CURBSIDE W/O RECYCLING: 57,00 /MONTH
RESIDENTIAL CURBSIDE W/RECYCLING: $8.75 /MONTH
EFFECTIVE DATE: 12/01/2001 CITY HALL PHONE#: 817/491-2411
Appendix B
Residential Rate Adjustment Calculation
Example
Current Residential or Commercial Base Rate $8.00
CPI Adjustment% 70.0%
Disposal Adjustment % 30.0%
CPI % Change (Example) 3.00%
Disposal % Change (Example) 5.96%
Operations Disposal Total Old Rate
Base Rate $5.60 $2.40 $8.00
Adjustment% 3.0% 5.96%
Adjustment $ $0.17 $0.14 $0.31
New Base Rate $5.77 $2.54 $8.31
Disposal Rates for Selected Landfills
Compacted Gate Rates
Oct 1, 1997 Oct 1, 1998 % Change
Waite Management $5.30 $5.65 6.60%
Waste Management Westside $5.20 $5.55 6.73%
Turkey Creek $5.00 $5.20 4.00%
Camelot $4.65 $5.00 7.53%
BFI Itasca Gardens $4.85 $5.09 4.95%
Total $25.00 $26.49 5.96%
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Appendix B
Commercial Rate Adjustment Calculation
Example
Current Residential or Commercial Base Rate $43.00
CPI Adjustment% 70.0%
Disposal Adjustment% -30.0%
CPI % Change (Example) 3.00%
Disposal% Change (Example) 5.96%
Operations Disposal Total Old Rate
Base Rate $30.10 $12.90 $43.00
Adjustment% 3.0% 5.96%
Adjustment $ $0.90 $0.77 $1.67
New Base Rate $31.00 $13.67 $44.67
Disposal Rates for Selected Landfills
Compacted Gate Rates
Oct 1, 1997 Oct 1, 1998 % Change
Waste Management $5.30 $5.65 6.60%
Waste Management Westside $5.20 $5.55 6.73%
Turkey Creek $5.00 $5.20 4.00%
Camelot $4.65 $5.00 7.53%
BFI Itasca Gardens $4.85 $5.09 4.95%
Total $25.00 $26.49 5.96%
17