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HomeMy WebLinkAbout2002-2557 - Ordinance - 05/09/2002ORDINANCE NO. 2557 AN ORDINANCE GRANTING ENVIROMED, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC WAYS WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTION AND DISPOSAL OF TREATED AND UNTREATED MEDICAL WASTE FROM VARIOUS HEALTH CARE-RELATED FACILITIES WITHIN THE CITY LIMITS; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR PERIOD OF GRANT; FOR ASSIGNMENT; FOR METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. WHEREAS, the City of College Station, regulates the collection and disposal of all solid waste generated from within the corporate limits of the City of College Station; and WHEREAS, the City of College Station may, pursuant to Article XI of its Charter, grant franchises to other entities for the use of public streets, alleys and thoroughfares within the corporate limits of CITY and for the collection and disposal of treated and untreated medical wastes generated fi.om within the corporate limits of the City of College Station; and WHEREAS, Enviromed is engaged in the business of collection and disposal of treated and untreated medical waste from health care-related facilities and is requesting a franchise to operate its business within the City limits of the City of College Station; and WHEREAS, the City of College Station (hereinafter referred to as "CITY"), believes it in the best interest of College Station to offer Enviromed a franchise on such terms and conditions as will provide College Station with control and options necessary to provide for the public good; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: DEFINITIONS 1.1 For the purposes of this Ordinance, when not inconsistent with the context, words, used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this Ordinance shall be given their common and ordinary meaning. Contract No. Cttltt Iordinance 2002iordtnance no 2557 doc doc 6/11/02 Page 1 Ordinance No. 2557 1.2 For the purposes of this Ordinance, the following words, terms, phrases and their derivations shall have the meaning given in Section. I. 1 Franchise means this ordinance and ali rights and obligations established herein or as it may be amended. CITY means the City of College Station, a home rule municipal corporation in the State of Texas. City Council or "Council" means the governing body of the City of College Station. CIS Manager means the Communication and Information Services Manager for the City of College Station. Brazos Valley Solid Waste Management Agency or BVSWMA means a permitted municipal solid waste facility jointly owned by the Cities of Bryan and College Station and operated by the City of College Station on behalf of the cities as authorized by an interlocal agreement. Customers. Those health care-related facilities located within the CITY that generate treated and untreated medical waste. Medical Wastes means medical wastes as that term is defined in 30 T.A.C. 330.2(74), (93), (141), and (140C) as it now exists or as is hereafter amended. Treated or Processed Medical Waste is medical waste that has been treated as provided in 25 T.A.C. 1.133 and 1.136 as it now exists or as it is hereafter amended. COMPANY means Enviromed, a privately held corporation incorporated in the State of Texas which provides medical waste management services for the healthcare industry as well as providing destruction services to major pharmaceutical manufacturers and which operates in the State of Texas as well as other states. T.A.C. means the Texas Administrative Code as it now exists or as it is hereinafter amended. Force Majeure means, without limitation, by the following enumeration, acts of God and the public enemy, the elements, fire, or accidents. T.N.R.C.C. means Texas Natural Resource Conservation Commission. Page 2 Contract No. cu~c'~locuments and settings~csheat~rn), document$~ned waste~envtro~ned 2-1-2. doc 2/I 1/02 Ordinance No. ~7 II. GRANT OF FRANCHISE 2.1 CITY hereby grants to COMPANY a nonexclusive franchise to operate and establish in College Station, as constituted as of the effective date of this Franchise, or as may hereafter be constituted to collect and dispose of treated and untreated medical waste from various health care-related facilities within the jurisdictional limits of CITY, and COMPANY is hereby granted passage and right-of-way on, along and across the streets, avenues, rights-of-way, alleys, and highways within the corporate limits of College Station, for any such service and lawful purpose as herein mentioned; provided that all such work, activity and undertakings by COMPANY shall be subject to the terms and provisions of this Franchise and the continuing exercise by College Station of its governmental and police powers, and provided further that nothing herein shall be construed to require or authorize COMPANY to exceed any rights granted herein or by the TNRCC. 2.2 Nothing in this Franchise shall be construed as granting any exclusive franchise or right. III. FRANCHISE AND RENTAL FEES 3.1. For and in consideration of the use of the CITY's rights-of-way, streets, alleys, highways, avenues and thoroughfares as well as in consideration of the covenants and agreements contained herein, COMPANY agrees to and shall pay to CITY upon acceptance of this Agreement and thereafter during the term hereof, a sum equivalent to five percent (5%) of COMPANY's monthly gross delivery and hauling revenues generated from COMPANY's provision of collection and disposal of treated and untreated medical waste services within the CITY. Said payment shall be paid quarterly to the CITY's Finance Department and shall be due by the twentieth of the month following the end of the previous quarter. 3.2 The franchise fee shall be in lieu of any and all other College Station imposed rentals or compensation or franchise, license, privilege, instrument, occupation, excise or revenue taxes or fees and all other exaction's or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within College Station) or permits upon or relating to the business, revenue, franchise, equipment, and other facilities of COMPANY and all other property of COMPANY and its activities, or any part thereof, in College Station which relate to the operation of COMPANY's medical waste collection business. 3.3 Payment after that date shall incur a ten percent (10%) penalty on the outstanding amount owed under this article, and after written notice by CITY, may constitute a basis for forfeiture or termination under this Franchise and CITY pursuant to Article 8 herein. Page 3 Contract No. cu~c:~iocurnents and settings~'shear~ny documentsbned waste~envtromed 2-1-2 doc 2/11/02 Ordinance No. 2557 IV. TERM OF FRANCHISE 4.1 The term of this franchise shall be for a period of five (5) years beginning on the 1st day of July, 2002. Ve SERVICE TO BE PROVIDED BY COMPANY 5.1 COMPANY shall furnish service consistent with the requirements and intent of this Franchise, and specified in this ordinance as now or hereafter approved by the Council or other regulatory authority having jurisdiction, without unreasonable discrimination, to all areas of College Station. 5.2 COMPANY shall maintain its property and equipment in good order and working condition, consistent with the needs of the services rendered therefrom and in accordance with 30 T.A.C. 330.1005(g) through (I). 5.3 COMPANY agrees that a standby vehicle shall always be available. 5.4 COMPANY's vehicles shall at all times be clearly marked with COMPANY's name and TNRCC registration number in letters not less than three (3) inches in height. 5.5 COMPANY's operations shall be conducted in a manner that minimizes noise, disturbance, and commotion. 5.6 COMPANY shall use all proper skill and care, and exercise all due and proper precautions that meet or exceed industry standards and TNRCC regulatory requirements to prevent injury to any person or, person(s) and damage to any property. 5.7 COMPANY shall register their operations with the TNRCC prior to commencing operations under this Franchise and shall provide proof of such registration and renewal thereof annually to CITY. 5.8 AD VALOREM TAXES COMPANY agrees to render a list annually of all personal property utilized in its treated and untreated medical waste operation services to Brazos County Appraisal District so that said personal property will be subject to ad valorem taxation by the applicable taxing entities. Page 4 Contract No. cu~c:~locuments and settings~csheat~ny docurnents~rned w aste~envtromed 2- 1-2.dt~' 2/I 1/02 Ordinance No. 2557 5.9 DISPOSAL SITE FOR TREATED MEDICAL WASTE Unless approved otherwise in writing by CITY, COMPANY shall utilize the BVSWMA landfill located on Rock Prairie Road, College Station or any other municipal landfill site designated by CITY for its municipal solid waste disposal for disposal of all treated medical waste collected by COMPANY from within the corporate limits of the City of College Station. Untreated medical waste collected by COMPANY within the corporate limits of the City of College Station will be treated and disposed of at any site of COMPANY's selection, provided however, that any site used shall be permitted to accept this classification of waste by the appropriate regulatory authority. 5.10 CITY shall have access to all books of accounts and records of its business operations from which Gross Receipts may be determined. 5.11 COMPANY further agrees CITY may review its books and records, during normal business hours and on a non-disruptive basis, as reasonably necessary to monitor compliance with the terms hereof, or as otherwise required by law COMPANY shall keep complete and accurate books of accounts and records of its business and operations from which Gross Receipts may be determined. (b) The following records and reports shall be filed monthly with the CIS Manager or his delegate: Reports of all complaints and investigations received from any customer or regulatory authority and remedial action taken by COMPANY in response to said complaints. ii. A listing of all COMPANY's customer accounts and monthly revenue derived from collections made in the CITY under the terms of this Agreement. The reports shall include customer's name, address, frequency of pick-up, number of containers, pounds of waste collected by customer separated by treated and untreated, and monthly charges. 5.12 COMPLAINTS COMPANY shall respond to any customer complaints. Any customer complaints received by CITY shall be forwarded to COMPANY within twenty-four (24) hours of their receipt. COMPANY shall notify CITY of action taken within twenty-four (24) hour period following receipt of complaint. Failure to timely respond to Customer complaints by COMPANY may result in the imposition of a Twenty-five Dollars ($25.00) per incident charge from CITY payable with the next payment due to CITY under Article of this Agreement. Page 5 Contract No. cu~c:~documents and setttngs~cshearYny documentsYned waste~envtromed 2-1-2.doc 2/11/02 Ordinance No. 2557 5.13 COMPANY agrees to provide free service to CITY during periodic CITY clean-up campaign and following natural disasters or Acts of God. 5.14 TERMINATION OF SERVICE COMPANY must notify CITY in writing of termination of any customer's service for cause via registered mail within forty-eight (48) hours of said termination and the basis therefor. VI. TITLE TO WASTE 6.1 Sole and exclusive title to ali treated and untreated medical waste collected by COMPANY under this Agreement shall pass to COMPANY when said waste is placed on COMPANY's truck. VII. RATES, RULES AND REGULATIONS 7.1 The COMPANY shall charge for the aforementioned services according to the rates set out in the Schedule of Rates attached hereto as Exhibit "A" and incorporated herein by reference. The Schedule of Rates may be revised periodically and must be submitted to the CIS Manager or his delegate upon each revision and will be attached to the original franchise agreement. VIII. FORFEITURE AND TERMINATION OF FRANCHISE 8.1 In addition to all other rights and powers retained by CITY under this Franchise or otherwise, CITY reserves the right to declare this Franchise forfeited and to terminate the Franchise and all rights and privileges of COMPANY hereunder in the event of a material breach of the terms, covenants, or conditions herein set forth. A material breach by COMPANY shall include, but not be limited to, the following: I. Failure to pay the fee prescribed by Article 3. 2. Failure to materially provide the services provided for in this Franchise Material misrepresentation of fact in the application for or negotiation of this Franchise; Page 6 Contract No. cu~c:~locuments and sett~ngs~cshear~ny documents~ned waste~envtrorned 2-1-2 doc 2/I 1/02 Ordinance No. 2551 Conviction of any director, officer, employee, or agent of COMPANY of the offense of bribery or fraud connected with or resulting from the awarding of this Franchise; Material misrepresentations of fact knowingly made to CITY with respect to or regarding COMPANY's operations, management, revenues, services or reports required pursuant to this Franchise; 6. Revocation or denial of registration or renewal of registration by TNRCC; Excessive interruption in service for a period of seventy-two (72) hours or more due to causes other than force majeure. 8.2 COMPANY shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. 8.3 CITY may after a hearing as described herein, revoke and cancel the Franchise by and between the parties and said Franchise shall be null and void. CITY shall mail notice to COMPANY, at the address designated herein or at such address as may be designated from time to time, by registered mail. The notice shall specify the time and place of the hearing and shall include the allegations being asserted for the revocation of this Agreement. The hearing shall be conducted in public before the City Council and COMPANY shall be allowed to present evidence and be given an opportunity to answer all reasons for the termination set forth in the notice. In the event that the Council determines that the allegations set forth are true as set forth in the notice it may by majority vote cancel this Agreement between the parties at no penalty to the CITY. IX. RECEIVERSHIP AND BANKRUPTCY 9.1 The Council shall have the right to cancel this Franchise one hundred twenty days after the appointment of receiver or trustee to take over and conduct the business of COMPANY, whether in receivership, reorganization, bankruptcy, other action or proceeding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty days, unless: 9.2 Within one hundred twenty (120) days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this franchise and remedied all defaults thereunder; or Page 7 Contract No. ce, hc:~documents and setttng.f~csheahmy document$¥ned waste~envtromed 2- I-2.doc 2/11/02 Ordinance No. 2557 9.3 Such receiver or trustee, within one hundred twenty days, shall have executed an agreement, duly approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise. INDEMNIFICATION 10.1 COMPANY shall not dispose of any untreated medical waste, special waste or other hazardous waste or any waste that the landfill is not permitted to accept by TNRCC. COMPANY hereby agrees to indemnify, defend and hold CITY harmless for disposal of any such waste whether intentional or inadvertent. 10.2 COMPANY shall indemnify and hold CITY harmless from any and all injuries to persons or claims of damage to property caused by COMPANY, its agents, employees, and representatives. 10.3 COMPANY agrees to and shall indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the services provided or medical waste collected, treated, or disposed of by COMPANY under this contract, regardless of whether such injuries, death or damages are caused in whole or in part by the negligence, including but not limited to the contractual comparative negligence, concurrent negligence or gross negligence, of CITY. 10.4 COMPANY assumes responsibility and liability and hereby agrees to indemnify the City of College Station from any liability caused by COMPANY's failure to comply with applicable federal, state or local laws and regulations, touching upon the maintenance of a safe and protected working environment, and the safe use and operation of machinery and equipment in that working environment. XI. INSURANCE 11.1 COMPANY shall procure and maintain at its sole cost and expense for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by COMPANY, its agents, representatives, volunteers, employees or subcontractors. 11.2 COMPANY's insurance coverage shall be primary insurance with respect to the CITY, its officials, employees and volunteers. Any insurance or self-insurance maintained by the Page 8 Contract No. cu~c:~docurnents and setttngs~cshear~ny docurnents~med waste~enwromed 2-1-2.doc 2/I 1/02 Ordinance No. 2557 CITY, its officials, employees or volunteers shall be considered in excess of the COMPANY's insurance and shall not contribute to it. 11.3 COMPANY shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 11.4 All Certificates of Insurance and endorsements shall be furnished to the CITY's Representative at the time of execution of this Agreement, attached hereto as Exhibit B, and approved by the CITY betbre work commences. A. Standard Insurance Policies Required: 1. Commercial General Liability Policy 2. Automobile Liability Policy 3. Workers' Compensation Policy 4. Pollution Liability Policy 5. Excess Liability Policy B. General Requirements Applicable to all Policies: I. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. 2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 3. "Claims Made" policies will not be accepted. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of College Station. 5. Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. The City of College Station, its officials, employees and volunteers, are to be added as "Additional Insured" to all applicable Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officials, employees or volunteers. C. Commercial General Liabili~. 1. General Liability insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. Page 9 Contract No. cu~'. Mlocuments and setttngs~'sheaAmy documents~ned ~ aste~envtromed 2-1-2. doc 2/I 1/02 Ordinance No. 2557 2. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. 3. Coverage shall be at least as broad as Insurance Service's Office Number CG 00 01. 4. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. o The coverage shall include but not be limited to the following: premises/operations; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein); and where exposures exist, "Explosion. Collapse, and Underground" coverage. D. Automobile Liability 1. Business Automobile Liability insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. 2. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. 3. The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. 4. The coverage shall include owned or leased autos, non-owned autos, and hired cars° 5. COMPANY is responsible for any liability and/or costs that exceed the dollar limits set forth in this section. E. Workers' Compensation 1. Employer's Liability limits of $500,000/$500,00015500,000 are required. 2. City of College Station shall be named as Alternate Employer on endorsement WC 99 03 OI unless written through TWCARP. 3. Texas Waiver of Our Right to Recover from Others Endorsement, WC 42 03 04 shall be included in this policy. Texas must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, WY. F. Pollution Liability 1. Minimum acceptable limit $2,000,000 aggregate occurrence. 2. Pollution coverage endorsement CG 04 22 required. Page 10 Contract No. cuXc3docurnents and settlngs~cshear~ny documents~ned waste~envlnm~ed 2-1-2 do~ 2/I 1/02 and $1,000,000 per Ordinance No. 2557 G. Excess Liability 1. Minimum acceptable limit $2,000,000 aggregate and $1,000,000 per occurrence. H. Certificates of bisurance Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: 1. The company is licensed and admitted to do business in the State of Texas. 2. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. 3. All endorsements and insurance coverages according to requirements and instructions contained herein. 4. The form of the notice of cancellation, termination, or change in coverage provisions to the City of College Station. 5. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 11.5 The coverage requirements set forth in this Article are in addition to those required under 30 T.A.C. 330.10050). COMPANY shall provide proof that it has met the requirements of 30 T.A.C. 330.1005(j) to CITY upon the execution of this Franchise by COMPANY. 11.6 COMPANY shall notify CITY by certified mail of the commencement of voluntary proceedings under Title Il (Bankruptcy), United States Code, naming the COMPANY as debtor, within ten (10) business days after the commencement of the proceeding. 11.7 If COMPANY is deemed to be without financial assurance pursuant to 30 T.A.C. 330.10050), COMPANY's operations shall be suspended until COMPANY establishes other acceptable financial assurance with the TNRCC and provides proof of same to CITY. XII. GOVERNING LAW; LIMITATIONS; COMPLIANCE 12.1 This ordinance shall be construed in accordance with the CITY's Charter and Code in effect on the Effective Date of this ordinance to the extent that such Charter and Code are not in conflict with or in violation of the constitution and laws of the United States or the State of Texas. 12.2 This ordinance shall be governed in accordance with the laws of the State of Texas. Page II Contract No. cu~c ~documents and settmgs~cshearbn) documents~ned ~aste~envlromed 2-1-2 do~ 2/11/02 Ordinance No. 2557 12.3 Notwithstanding any other provision in this franchise to the contrary, CITY and COMPANY shall at all times comply with all laws, rules and regulations of the state and federal government and any administrative agencies thereof, with respect to the subject matter of this ordinance. XVIII. ASSIGNMENT 13.1 This Agreement and the rights and obligations contained herein may not be assigned by COMPANY without the specific prior written approval of the City Council. XIV. NOTICES 14.1 All notices required under the terms of this Contract to be given by either party to the other shall be in writing, and unless otherwise specified in writing and shall be sent to the parties at the addresses following: CITY: Charlie Shear, CIS Manager City of College Station P.O. Box 9960 College Station, Texas 77842 COMPANY: Jimmy Owens, President Enviromed 268 Frost Creek Waxahachie, TX 75167 14.2 All notices shall be deemed to have been properly served only if sent by Registered or Certified Mail, to the person(s) at the address designated as above provided, or to any other person at the address which either party may hereinafter designate by written notice to the other party. XV. AMENDMENTS 15.1 It is understood and agreed by the parties to this Franchise that no alternation or variation to the terms of this Franchise shall be effective unless made in writing, approved by both parties, and attached to this Agreement to become a part hereof. Page 12 Contract No. cuk::~locuments and setttngs~cshear~ny documents~ned waste~enviromed 2-1-2 doc 2/I 1/02 Ordinance No. 2557 XVI. SEVERABILITY 16.1 If any section, sentence, clause or paragraph of this Ordinance is for any reason is held to be invalid or illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remaining portions of the Ordinance other than the part or parts held invalid or unconstitutional. XVII. AUTHORIZATION TO EXECUTE 17.1 The parties signing the Franchise shall provide adequate proof of their authority to execute this Agreement. The Franchise shall inure to the benefit of and be binding upon the parties hereto and their respective successors or assigns, but shall not be assignable by either party without the written consent of the other party. XVIII. ACCEPTANCE OF FRANCHISE BY COMPANY 18.1 In accordance with CrrY oF COLLEGE STATION CITY CHARTER, SECTION 120, this Ordinance shall be effective sixty (60) days after its adoption. COMPANY shall file its written acceptance of the terms and conditions of the Ordinance with the City Secretary within thirty (30) days from the final adoption of this Ordinance. Such acceptance shall be typed or printed on the letterhead of COMPANY and, with the blank spaces appropriately completed, shall be as follows: Attn: CIS Manager Enviromed acting by and through is undersigned who is acting with his official capacity and authority, hereby accepts the franchise to operate a medical waste collection service within the City of College Station. Texas ("College Station") as said franchise is set forth and provided in Ordinance No. __ (the "Ordinance"). Enviromed agrees to be bound and governed by each terms, provision and condition of the Ordinance, to accept and to give the benefits provided for in the Ordinance in a business like and reasonable manner and compliance with the Ordinance. Page 13 Contract No. cu~c.~documents and setttng$~cshear~ny documents~ned ~ aste~envtromed 2-1-2 doc 2/11/02 Ordinance No. 2557 XIX. PUBLIC HEARING 19.1 It is hereby found and determined that the meetings at which this ordinance was passed were open to the pubic, as required by TEXAS GOVERNMENT CODE § 551 (Vernon 1994, Vernon Supp. 2002), as amended, and that advance public notice of time, place, and purpose of said meetings was given. PASSED, ADOPTED and APPROVED by a majority vote of the City Council of the City of College Station on this the ~-~- day of '~h~Ac~_ ,2002. ENVIROMED CITY OF COLLEGE STATION Date: ATTEST: CONNIE HOOKS, City Secretary Date: ~- & -~'~ Page 14 Contract No. cuk:'~locuments and settings~cshear~ny documents~ned waste~envtn.ned 2-1-2 doc 2/I 1/02 Ordinance No. 2557 APPROVAL: T~OMAS BR~--M R~City Manager Date: CHARLES CRY~N, Director of Fiscal Services Date: ..c ~ ~/. ,,9 t~_ ~AF/~% A. ROB~SON, Senior Assistant Date: &/.~/~ ~ City Attorney First Consideration and Approval: Second Consideration and Approval: Third Consideration and Approval: Page 15 Contract No. cu~c:~locumen ts and setttng.~cshear~my doc u men ts~med waste~en vt romed 2 - 1-2.doc 2/! 1/02 Ordinance No. 2557 Exhibit "A" SCHEDULE OF RATES Page ! 6 Contract No. cu¥:~documents and setttngs~ shear'why documents~ned waste~envtromed 2- I-2 doc 2/11/02 ENVIROMED OF TEMPLE 268 FROST CREEK ROAD WAXAHACHIE, TX 75167 800-745-1402 FAX: 972-923-9500 CITY OF COLLEGE STATION 310 KRENEK TAP ROAD COLLEGE STATION, TX. 77840 EXHIBIT "A" SCHEDULE OF RATES Our Customers are charged varying rates depending on the amount of medical waste generated. A composite of these rates are listed below, Rates at a Per Pound cost range from: $0.23 per pound to $1.00 per pound Rates at a Per Box cost range from: $7.50 per box to $50.00 per box TEXAS NATURAL RESOURCE CONSERVATION COMMISSION i'.O. B~ 10~2 Tm~, TX ?~03 Ordinance No. Exhibit "B" CERTIFICATES OF INSURANCE Page 17 Contract No. cu~c'~locument$ and settings~csheaAmy dt~'urnents~med waste~envtromed 2-1-2.doc 2/11/02 PAGE 02/02 05/1~/2002 12:45 2015898889 Hmlcy Number: A'Y2E37510 Date Ent~-,d: 3/8/2002 ACORD,, CERTIFICATE OF LIABILITY INSURANCE I_ 15119 ~=L~ D=~, a~L~ 200 ONLY ~ G~F~ NO ~G~ UPON ~ CERTIFICATE ~oua~n, ~ ~7~0V9 HO~E~ ~18 O~~ ~ NOT ~END, ~END OR A~TER ~E COVE~ ~FORDED BY THE.POLICI~ ~ELO~, {28t) SeS-O004 INaU~ ~F~D~G G~~ ~NG ~ ~0 ~ox 1052 ~sua~ ........ COVERAGES THE POLICIES OF II~URANCE LIS~ED B~LOW H~VE B~RN 18SUED TO THE IN6URI~D NAM'~d:) A~ FOR ~E POUOY'Pi~IO~ INDIOATED. "~ITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ~Y OONT~ OR OTH~ DOCUU~ Wl~ ~PBGT TO WHIOH ~18 C~RTIFI~TE ~Y BE ISSUED OR MAY PERTAIN, THE INSURANCE APF~DEO BY THE P~IGI~ DB~RlaEO HEREIN IS SUBJECT ~ ALL THE TERMS, ~CLUSlON8 AND CONDITIONS OF SUCH POLICIES. AGeRE~TE LIM~a aHOWN MAY HA~ ~BN REDUCED BY PND C~IMS. ~~C~ME~IAL GENERAL L~BILI~ A~2837510 4/19/2002 4/18/2003 ~EM~8~A~ ~l~t~ ~) ; ~000~ 000 GEN'LAGGRE~UM~AP~I~P~: ,PR~-~PA~G $ ~rO00"O00 ~Y~o ~203~509 4/18/2002 4/1B/2003 (~ ~ ' HRED A~ ~LY I~Y {Pet .~)  NONmEtAlS _ ~oZl~on PRO~ eA~B ~ A~ qNLY. ~ ~OID~ ; & ~ occu. ~ c~a MAn; AOe~A~ Ls .. TO~ LIM~ .. EMPLOYS' ~ ANY~R~TOWPAe~m~V~ ~00489994 5/I5/2001 5/15/2002 EL~~ ~ ~oo,ooo OTHBR Phyaiaal Damage ~T2837B09 4/10/~002 4/1e/2005 ~m~e~ 81000 CERTIFICATE HOLDER CANCELLATION 1 ACORD 26 (200t~8) N/TNORE~D RIMIII~EAlWE 0 ACORD CORPORATION t 088 05/31/2002 09:52 2815898889 PAGE 02 Policy Number. A72839510 Dale Entamd'. 3/8/2002 · ~ ~=~ " ~ a ~ ' ey ~IS CE~FiCA~ IS 18SUED ~ A MAWR OF INFO~A~ON 15119 ~=~ D=~ve, S~te 200 ONLY ~D CONFE~ HO RIGH~ UPON ~E CER~FICA~ ~o=ston, Texa~ 777079 HOLDE~ ~lS CBR~FI~TE DOES NOT ~END, E~ND OR ALTER THE COVE~GE ~FORDED BY THE POLICIES BELOW. (2al)589-000~ ; INSURERS AFFORDING COVERAGE NAIC # High B'OZ4Zons, ThC. [LN.SURERAA~.I&:'d;.a,C 3L~y/Busnn Owens IiNSURER~:TeXaS NU~'U~Z Znsu=an¢~ CO~GES THE PO~-ICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POuCY PERIOD INDICATED NO'I'WlTHST~,NDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LrMJTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN~R I~I~L I POL~TIf ~UMBER IJI~T8 ; GENERAL. LIABILITY { EACH OCCURRENCE I I ~ 0 O 0,000 ~ COMMERCIAL GENI:RAL LIABILITY A72837510 4/18/2002 4/18/2003 PREMISESI~MAGE TO R~NleO[l:a e~renee) $ ~000 ,000 PERSONAL & ADV INJURY $ ~.a~ ^ooa~ s 2,000,000 ', OEN'L AGGREGATE UMIT A;'PLIE~ PER. PROOUGq~ - COMP,DP AGG S I ~ 000 · 000 POLICY I I Jr;cT ~ I LOC ^ufo.s, - u~uw .. CoMa,.= =NOU~ uuiT z, ooo, ooo ANY~UTO~.'-'2837509 4/~n/2002 4/2.8/2003 (Eaa~da.t) s ~ ow. ED ^u~os BO=Ly ,mUR~ HIRED AUTOS BODILY INJURy NON~NNED AUTO3 ~Per aociderfl) Pollution ,. (Per P~OPERTY DAMAGE ~a~) GARAGE UA~ILITY I AUTO ONLY- F..AACCID~NT $  ANY AUTO OTHER 'tHAN EAACC AUTO ONLY AGO EXCESStUMBRELLA LIABILITY fACH OCCUR _I~_.NDE s ~ OCCIJR r---i CLAJM= MADE A(3~REGATE ,  ~OLJO'rllSLE .... RETENTION 8 WORKERS O01dPBNEATION AND IToRyWC SfRI~-'LiMITS I OTH- . F.U~LOV~RS' MaBILITY $100 ~ 000 B A NV P R OF~IL=TOR/PARTN ER~D~E. CLrFNE ~S~'--QO00489974 5/1,5/2002 5/15/2003 r~L F. ACN aCCme~'r O;I=~0ER.'MEMBER EXCLLOED? E.L DISEASE - EA EMPLOYEE $ 100, OO0 Sla~OlAL PROV/SfONS below F~L ~-~E - POuchY LNIT S 50 O, 000 - A Ol14~R Phya ~-al Damage [~72837509 4/18/2002 4/:[8/2003 C:o~prehens~v~ $1ooo CoZlis~on $~000 [[~e~C[4 O(~c~i~. 11ONS, LOCAll(~, vrdaCLr~, Exeu~lom aOOl~ ,YENDOI~EMEI~, SPAIN, PRO.dONS "' Also a w&~ver of su~rogatio~ is g~anted with =eg&~l ~o Work.re Come.near,on CERTIFICATE HOLDER CANCELLATION THE OB~I'IFICATI[ ItOI,CER NAMBD TO TH~ LEPT, BUT FAILURE 'lC) DO Go NO OBLIGATION OR LJABIUTY OF ANY KJND UPON 1TIE INSURER, IT~ AGENTS OR AU~HO~O RF.~RJ~ENTATNE Tom 8tewaE~. I ACORD 25 (200tl08) © aCORD CORPORATION 1988 2815898889 PAGE 03 85/31/2882 89:52 IMPORTANT if d~e cemr~cete nolcler is an ADDITIONAL INSURED. the policy(les) must be endorsed. A statement on this c~A~fica~e does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the pohcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Cert~cate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(e), authorized represe.[~ive or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies li~¢ed thereon. (200t;08) 05/22/2002 ii:15 28i5898889 PAGE 02 ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INaURANGB FOR PUBUC LIAB ,R.I~ UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 Iflued to ,,High Hof'~ons, Inc. Dated at Denver, C.O this Amending Palk~f No. AT2837509 of PO Box 1052, Tmmole, ~ 76505 deyof April, 2002 Effe~llve Date 04/1~02 Fo~ Apprave~ OMB NG, 2125-0074 The poli~f ~ whTGh mil& erldomemen! ia ~h~ pmM~ pdm=W ar =~ ineum~e, ~ ~ ~ ~s~nce ~ pdm~ and ~ ~mpa~ 6~1 ~t De ~AMa ~ ~o~ in ~ of $ 1.~0_~0 ~r ~h ~ent ~ ~is ~um~ / e~s and ~ ~;ny s~ll not ~ Nmbie f~ amun~ in ~s ~ S for ~ In ~e~ of ~e underlying lim~ ~ S for es~ a~. a~s ~ ~mlsh ~e F~A or the I~ · duplle~ ~ ~d p~i~ ~nd ~11 ~ e~a~emen~. ~ mm~ eisa ~, uo~ ~phone Can~l~ ef~ endome~n~ may ~ ~ecMd W ~ m~Y or ~e i~ W gMng (~) ~i~ {~) ~ n~t · e ~ pe~ (~d 35 days no~ to ~m~n~ ~m ~e de~ ~ not~ · mall~, pm~ of ~ sh~ be ~u proof ~E~), a~ (2) ~ t~ Insu~ I= e~J~ ~ ~e ICC'~ ~~, W pm~ ~1~ (~) ~ n~ ~ ~ ICC {~ld ~ d~ ~eq~ ~ ~e ~ me ~et~m H ~ ~ ~e ICC m m ~ ~ W~i~ D.C.). ,,- , .... OERNITION~ ~ U~ED IN THI~ ENDORS~E~ __ ~CCIDE~ I~m ~n~ua~ or r~eamd e~ la I~, ~, or d~ ~ na~! m~'~ out af eoncfilionR which mutt~ ~n bodily injun/, property damage, or envfronman~al damage whloh the I~muh~zl naldlm' expected nor inte~ed, MOTOR '~EHICI. E means · land ve~icle, machine, truck, Iractor, taller, or semitrailer propelled or ~'awn by m~ehani~l power end Lined on a highway for tr~porting property, or Gny mmbination thereof, BODILY INJURY means injmy fat he bady, eiclmM$, or diseale to any pemon, inaluding dea~ multing from any of the~e. _ENVIRO~.MIgNTAL P.~m'ORATION mep,,n..s m~!;~Pm, for T'ne lmumnee policy ta wh;eh Ihie endomament i~ altaohed pmvidee eutomobIle If~lllty ~nsuranoe end is amended to aasure compliance by the Insured, within the IIm~ atoted herein, as CanieT Aot ~f 1080 end the rules and regulations of t~e Federal Highway Adminislrat~n (T:HWA) and' ihe Intemtab; Commeme Commission (ICC). In carmideratJon of Ihs premium staled in the polio/to which this endorsement I$ allaehed, the [naumr (the company) agrees to I;~¥, within ~ QmlIs of IfBbili~y de;orlbed Imr~fl, any final Judgment recovered against the ir~umd for publi~ liability remdaflg from ~egl~gene. e In l~e operal~on, mainlen~nee or use of motor vehicles subj.= to the l~.naial relponellflllty requlremenls of 5eolions 29 end 30 al'the MotorCsrfierAatoflg8o regardless of vatathm or no~ each motor vehicle I$ .pebifiaally deecdbecl In /he policy and whether or no! ~uch negl~anoe __,~e~_.rs on any mute or in any tanifo~ authored to be ~efved by the insured or etsewhem. ~ucJ1 |rmurame se is afforded, for pubfic liability, does not ap]dy to injury to or {laa~ of the I~,amred'a employees wmle engalged ~ the ooum. of their employment, or prapefty tfaneported by the ioeured, designated ~ C'm~e. It la understood Ihs 8col~/ental dlachmg~, dispersal, ~ or ~ I~ or upon ~ md, ~m, w~m~me, m ~y ~ ~. ~ any ~m~i~ ~d ~ a ~r ~. Thb s~l ~de ~e ~t of ~movM ~nd ~e ~t of ~ maaur~ ~k~ ~ mlnl~ze ~ ml~a~ da~e ~ hu~n ~, ~e naomi envir~m~, ~h. ~llfl~, ~ ~ldllfe. P~~ O~OE ~ dam~e m ~ ~ oruse of ~ng~e ~m~. dam~et e~ e~~ e~omnt memn, or ~m~m ~f, ahab mH~ ~e ~dg~ w~in ~e ~i~ ~ Mbg~ h~n d~c~, · e im~. H~r. MI ~ ~ne mp~ I~i~ in the ~ mM e~bi~ ~ ~e ~md e~ me ~, The Ipe~ ~ ~ ~m~me ~e ~pafly ~ any o~a~ to'make ~er ~ pm~s ~ me ~l~y e~ for me agme~flt ~p~in~ iff ~lO ~p~ ~ ~y any real Judg~ m~e~ ~t the · n ~n i~ Eny mun ~ ~n~ Ju~ ~gai~t ~pany ~ mmpi ~u~ p~enL T~ ~ of ~ ~mp~y'~ ~EI~ ~ ~e amo~ pr~d ~ ~1= en~mem~t m~ty seamier. ~ ~ a~ent. ~d any ~t u~er ~m ~ll~ be~e ~ a~ one a~ent shall nut and agreecl that no condRIon, provision. Illtpulatlon, or limitMJon operate to reduce the liabil;ty of Ihe ~ompany for the p~yment of ~nt~_lned .i_n _ _lb.e policy, thi; end~memen~, or any other anal~,..dgmeres resu~n~ from any o~4er a~ldent. · . The -~i,,= caner Acc-m ~98o r,~i~ ,~dla of ~na~rdaJ refponaY=i~y ';~,omlng m th. {yp~-o~'c.,~rdqe and commodity ~n~ported by 1tm meier (tarrier. It Is t~e MOTOR CARRIER'S Gbllgatlon to obtain Ik~ required ,mits of financial mr, po~lbility. THE 8CH~OULE OF LIMITS SHOWN ON THE[ NEXT PAGE DOE8 NOT PROVIDE C, OVERAG£. The limits shown In the m:hedule am far ~on purposes onty. p(~-m MP..q~q~ ~ (01r~f) UPli;OflM INIK~MATTOll IER1/I~.S. mC. MG I~Z;ZA (10-~J ENVIROMED OF TEMPLE 268 FROST CREEK ROAD WAXAHACHIE, TX 75167 800-725-8481 FAX: 972-923-9500 JUL 0 § 7007 i ' I / L!.-,~: ._ June 30,2002 Charlie Shear City of College Station P.O. Box 9960 College Station, TX 77842 ATTN: CIS Manager Enviromed acting by and through is undersigned Jimmy Owens who is acting with his official capacity and authority, hereby accepts the franchise to operate a medical waste collection service within the City of College Station, Texas ("College Station") as said franchise is set forth and provided in Ordinance NO. 2557 (the "Ordinance"). Enviromed agrees to be bound and governed by each terms, provision and condition of the Ordinance, to accept and to give the benefits provided for in the Ordinance in a business like and reasonable manner and compliance with the Ordinance. N~3~e:~ ,x Oimmy Owens ~'/~ie: L._ President cc: file