HomeMy WebLinkAbout2010-3268 - Ordinance - 08/26/2010
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RESDENTIAL RECYCLING COLLECTION
ORDINANCE NO. 2010-3268
AN ORDINANCE GRANTING TEXAS COMMERCIAL WASTE ITS SUCCESSORS
AND ASSIGNS, A NON-EXCLUSIVE 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 PROVIDING
RECYCLABLE COMMODITIES COLLECTION TO DESIGNATED SINGLE-FAMILY,
DUPLEX, FOURPLEX, AND HANDICAP RESIDENTIAL LOCATIONS; PRESCRIBING
THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID
FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR
THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF
ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; AND FOR PARTIAL
INVALIDITY.
WHEREAS, the City of College Station, by ordinance, provides exclusively all solid
waste collection and disposal services for solid waste aggregated from within the corporate limits
of the City of College Station including, but not limited to recyclable commodities; and
WHEREAS, the City of College Station may, pursuant to the College Station City
Charter, Article XI, grant franchises to other entities for the use of public streets, alleys, and
thoroughfares within the corporate limits of the city and for the collection and disposal of solid
waste generated from within the corporate limits of the City of College Station; and
WHEREAS, the City of College Station desires to exercise the authority provided to it
by ordinance and charter to grant a franchise for the collection of certain recyclable commodities
that are generated from specified single-family, duplex, and fourplex residential locations within
the corporate limits of the City of College Station; and
WHEREAS, Texas Commercial Waste, is engaged in the business of collection and
resale of recyclable commodities 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 is in
the best interest of College Station to grant this franchise to Texas Commercial Waste,
hereinafter referred to as "Contractor", 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:
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ARTICLE I
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. For the purposes of this Ordinance, the following words, terms, phrases and their
derivations shall have the meaning given here
1.2 Agreement shall mean this franchise between City and Contractor for the collection of
certain recyclable commodities within the jurisdictional limits of the City, under certain terms
and conditions set out herein.
1.3 Approved Number of Households shall mean the maximum number of households that
will be served pursuant to the terms of this Agreement, which number is to be determined by the
City's Representative based on City building and development reports.
1.4 Bags shall mean weatherproofed clear plastic sacks, minimum 2 millimeters thick, with
an identifying mark, which will have the capacity to hold fifty (50) pounds of recyclable
commodities in each sack and that are designed to store recyclables with sufficient wall strength
to maintain physical integrity when lifted by the top. The used bags must be recycled.
1.5 Brazos Valley Solid Waste Management Agency or BVSWMA shall mean 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 or as it may change.
1.6 City shall mean the City of College Station, a Texas Home Rule Municipal Corporation.
1.7 City Council or Council shall mean the governing body of the City.
1.8 City's Representative shall mean the Director of Public Works of the City or his
designated appointee.
1.9 Collection shall mean the scheduled aggregation of recyclables by Contractor according
to the terms governing scheduling contained in this Agreement
1.10 Contractor shall mean Texas Commercial Waste who is authorized under this Franchise
for the collection of recyclable commodities.
1.11 Contaminated shall mean recyclable commodity that is mixed with solid waste or is
altered in such a way that it has become unsalable.
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1.12 Customers shall mean occupants of those designated single-family, duplex, and fourplex
residences, that are located within the City limits and that generate recyclable materials.
1.13 Designated Single-Family, Duplex and Fourplex Residences or Designated
Households shall mean all single-family, duplex, and fourplex residences within the corporate
limits of the City designed as residential structures, housing the members of either one, two, or
four families that receive utility service from the City.
1.14 Force Majeure shall mean, without limitation, by the following enumeration, acts of
God and the public enemy, the elements, fire, or accidents.
1.15 Franchise shall mean this ordinance and all rights and obligations established herein or
as it may be amended.
1.16 Parties shall mean the City of College Station and Texas Commercial Waste.
1.17 Recyclables or Recyclable Commodities shall mean materials that have been recovered
from the solid waste stream for the purposes of reuse or reclamation, a substantial portion of
which is consistently used in the manufacture of products that may otherwise be produced using
raw or virgin materials. Recyclable commodities or recyclables are not solid waste unless they
are abandoned or disposed rather than reprocessed into another product. The recyclable
commodities or recyclables encompassed by this Agreement are set forth in Addendum "A" to
this Agreement.
1.18 Residue shall mean the material regularly associated with and attached to recyclable
commodities, as a part of the original packaging or usage of that commodity, that is not
recyclable itself.
1.19 T.A.C. shall mean the Texas Administrative Code as it now exists or as it is hereinafter
amended.
1.20 T.C.E.Q. shall mean Texas Commission for Environmental Quality.
ARTICLE II
GENERAL DESCRIPTION OF SERVICES
TO BE PROVIDED BY CONTRACTOR
2.1 For and in consideration of the use of the City's rights-of-way, streets, alleys, highways,
avenues, and thoroughfares for the limited purpose contained herein as well as in consideration
of the covenants and conditions herein set forth and the Ordinances and Regulations of City
governing the collection and disposal of recyclable commodities, Contractor shall provide
collection of certain recyclable commodities specified herein from designated single-family,
duplex, and fourplex residences within the corporate limits of the City. Additionally, Contractor
shall provide all reasonable, adequate and necessary supervision, supplies, equipment, labor,
insurance, and other skills and property required to fulfill each of its obligations under this
Agreement
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2.2 The franchise fee, as provided in Article VI herein shall be in lieu of any and all other
City imposed rentals or compensation or franchise, license, privilege, instrument, occupation,
excise or revenue taxes or fees and all other exactions 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 the City) or permits upon or relating to the business, revenue, franchise, equipment, and
other facilities of Contractor and all other property of Contractor and its activities, or any part
thereof, in the City which relate to the operation of Contractor recycling collection business.
ARTICLE III
AUTHORITY FOR CONTRACTOR TO PROVIDE SERVICE
3.1 City hereby grants to Contractor a nonexclusive franchise to operate and establish in the
City, as constituted as of the effective date of this Agreement, or as may hereafter be constituted
to collect recyclable commodities from all designated single-family, duplex, and fourplex
residences within the corporate limits of City, not to exceed the approved number of households
as defined herein, using clear plastic bags that have the specifications set forth in this Agreement
and that are to be provided by Contractor, and Contractor 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 the City, for any such service and lawful purpose as herein mentioned;
provided that all such work, activity and undertakings by Contractor shall be subject to the terms
and provisions of this Franchise and the continuing exercise by the City of its governmental and
police powers, and provided further that nothing herein shall be construed to require or authorize
Contractor to exceed any rights granted herein or by the TCEQ.
3.2 Nothing in this Franchise shall be construed as granting an exclusive franchise or right.
ARTICLE IV
COMMODITIES TO BE COLLECTED
4.1 Contractor shall collect and dispose of, according to the terms of this Agreement, all of
the recyclable commodities set forth in Addendum "A" to this Agreement. Recyclables may be
added to or deleted from the Addendum only by a written and signed agreement of the parties.
Deletion of a recyclable from the Addendum will be approved by the City upon a determination
by the City's Representative that the market price for that recyclable has declined to the point that
it is no longer economically advantageous to collect, process, and sell the recyclable. Contractor
shall not be authorized to begin collection of any additional recyclable commodities until the
parties have agreed on the percentage return to be paid to City upon the sale of such recyclables.
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ARTICLE V
DISPOSAL SITE TO BE USED
5.1 It is anticipated that Contractor will sell the recyclable commodities in accordance with
Article VII of this Agreement. Failing such marketing or sale, and unless approved otherwise in
writing by City, Contractor shall utilize the BVSWMA landfill located on Rock Prairie Road,
College Station, Texas, or any other T.C.E.Q. approved disposal site. The Contractor shall only
use disposal sites that are lawful for municipal solid waste disposal and for disposal of all
contaminated, unmarketable recyclable commodities, or the residue from such recyclables,
collected by Contractor from within the corporate limits of the City. Materials rejected for resale
by Contractor because they do not meet the resale market's criteria for recycling or because they
are contaminated shall be accepted at the BVSW1VtA landfill at no additional cost to Contractor.
ARTICLE VI
RATES TO BE CHARGED BY CONTRACTOR
6.1 City shall pay to Contractor for the cost of recyclable collection Two dollars and forty -
five cents ($2.45) per month per designated household for collection from designated
households. Said payment shall be paid on City's receipt of a monthly invoice from Contractor.
Payment shall be made within thirty (30) calendar days of the City's receipt of said invoice. The
first invoice shall be sent to City no later than the twentieth (20th) calendar day following the
end of the first calendar month of service by Contractor. Subsequent invoices to be sent to City
no later than the twentieth (20th) calendar day of each month thereafter. Said invoice shall be a
gross billing showing the number of single-family, duplex, and fourplex residences within the
City served in the previous month by Contractor, the per unit charge(s), and the total invoice
amount. The amount billed by Contractor to City shall be for service to all single-family,
duplex, and fourplex residences located within the corporate City limits, not to exceed the
approved number of households as defined herein.
6.2 Rate Modifier - The rate of compensation to the Contractor during the term of this
franchise may be adjusted annually. The rate of compensation for each annual period shall be the
rate of compensation for the previous year adjusted for the annual period by 100% of the 12
month increase or decrease of the published Consumer Price Index-All Urban Consumers, Series
ID: CUSROOOOSEHGO2 Garbage and Trash Collection, published by the United States
Department of Labor, Bureau of Labor Statistics (the CPI).
a. The Contractor shall submit to the City in writing all proper documentation that
would justify a rate adjustment.
b. The Contactor shall submit the documents to the City before on or before April
30`h of each year of this franchise.
C. Any adjustment of the rate will be an amendment to this franchise and must be in
writing and approved and signed by both parties and will go into effect October
1 S` of the same year the request for t rate adjustment was made to the City.
6.3 Contractor understands that recyclable commodities collection service is provided to
residents of the City of College Station through the City utility department. As new utility
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customers are added to the City's billing, the City shall notify Contractor of the additional
customers who shall then become a designated household for purposes of this Agreement.
Contractor shall begin collection service for newly added designated households within one
week of receipt of notice that the household has been added to the City's utility billing. It shall
be Contractor's responsibility to deliver bags to newly designated households in advance of the
first collection date for each household.
ARTICLE VII
SALE OF RECYCLABLES
7.1 Contractor agrees that all recyclable commodities that it collects and that have value will
be sold to certified recycling vendors, brokers, toll end users, or recycling manufacturers.
Contractor also agrees that all of the saleable recyclable commodities that it receives shall be
recycled into usable products. Contractor further agrees that in no case will any uncontaminated
recyclable commodities collected under this Agreement be deposited in a landfill.
7.2 Contractor shall pay proceeds to the City for recyclable commodities collected based on
the percentage of revenue recovery set forth for each recyclable in Addendum "A". The
percentage paid to the City shall be based on the following market indices:
a. Paper: set by the National Mill Buyers and Paper Recyclers in the publication called the
"yellow sheet" or "OBM."
b. Metals: indices set by the American Metals Market, based in New York, N.Y.
e. Glass: index price set by Owens.
d. Other commodities: industry index price standards.
7.3 An index specific to this region may be substituted for any recyclable commodity if
written consent is obtained from the City's Representative.
7.4 Contractor shall utilize its best efforts in finding the best available markets for the sale of
the recyclable commodities collected under the terms of this Agreement. Payment of said
revenues shall be tendered to City by Contractor along with the monthly report required to be
submitted by Contractor under the terms of this Section. Contractor guarantees timely payment
of such revenues.
7.5 In the event that the Contractor fails to make any required payments to the City in a
timely manner and in accordance with the terms of this Agreement, Contractor shall be required
on demand by the City's Representative to post a deposit with City within twenty-four (24)
hours, either by cash or assignment of certificate of deposit, in an amount equaling one-third
(1/3) of the amount then due to the City. Failure to post the required deposit shall constitute a
breach of this Agreement subject to the termination procedures provided in Article XIX herein.
In the event that full payment of the balance due is made by the Contractor within ten (10) days
of the date upon which the deposit is required to be posted with the City, then the deposit shall be
applied to the balance due to the City. In the event that full payment is not made of the balance
due to the City within ten (10) days of the date upon which the deposit is required to be posted
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with the City, then the City may terminate this Agreement at its option and apply the deposit
toward the outstanding balance of payments due as well as the costs of collection or enforcement
of this Agreement.
7.6 If, during the term of this Agreement, alternate pricing for the sale of recyclable
commodities can be identified that is more advantageous to the City, City shall advise Contractor
in writing of this pricing. If the Contractor does not make good faith efforts to alter its resale
arrangements such that it can pay City for recyclables under the more advantageous pricing
structures, such failure by the Contractor shall constitute grounds for termination of this
Agreement, and the City may notify Contractor under the applicable provisions of this
Agreement of its intent to terminate this Agreemen
ARTICLE VIII
REPORTING REQUIREMENTS
8.1 Along with the payment to the City of the City's agreed share of revenue from the sale of
the recyclable commodities, Contractor shall provide a Monthly Recycling Activity Report to
City that shall be due to the City no later than the twentieth calendar day of each month
summarizing the recycling activity for the previous calendar month. Contractor's report shall
include the following information:
a. The amounts of recyclable commodities collected, broken down according to
date, route and type of material.
b. Summaries of tonnage of all recyclable commodities collected, broken down by
type of material.
C. Summaries of tonnage of all recyclable commodities sold, broken down by type
of material.
d. Market price for each type of material collected and/or sold.
C. Reports of all complaints and investigations concerning the Contractor and
actions taken by Contractor in response thereto.
L A listing of monthly revenue derived from recyclables collected in the City under
the terms of this Agreement.
g. Such information concerning the business of collection, processing and marketing
of recyclable materials as may be required by the City's Representative.
h. The amount of recyclables collected, but not sold and the disposition of those
commodities (landfill, being held, etc.).
8.2 Each monthly report shall include a statement from Contractor that all recyclable
commodities that have value are actually sold to certified recycling vendors, brokers, toll end
users or recycling manufacturers, that all of the salable recyclable commodities that it receives
are recycled into usable product and that in no case will any uncontaminated recyclable
commodities collected under this Agreement be deposited in a landfill.
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ARTICLE IX
INSPECTION OF RECORDS AND OPERATIONS
9.1 The City shall have the right to inspect the facilities, equipment, personnel, and
operations of the Contractor to assure itself of the appearance, sound business operations and
compliance with contractual provisions by the Contractor. The City shall have the right to
inspect Contractor's records and all papers relating to the performance of this Agreement,
including, but not limited to information concerning the quality of recyclables collected, quantity
of recyclables collected and sold, number of des gnated households served, gross amounts paid
to Contractor from sale of recyclables, as well as amounts paid by Contractor for recycling
collection equipment. Contractor shall follow T.C.E.Q. guidelines regarding retention of
records. Further, City shall have access to information regarding Contractor's markets and prices
paid for each type of material sold. To the extent authorized by the Texas Public Information
Act, Texas Government Code §552.001 (Vernon 2009) hereinafter as amended, all information
obtained by City shall remain confidential. The City agrees to notify the Contractor at least
twenty-four (24) hours prior to such inspection of operations or records.
ARTICLE X
COMPLAINTS REGARDING SERVICE/SPILLAGE
10.1 Contractor shall make provision for receiving and resolving customer complaints and
service issues pertaining to service under this Agreement. Except for calls from customers
concerning missed collections, any complaints received by City shall be forwarded to Contractor
within seventy-two (72) hours of their receipt by City, and Contractor shall respond to all
complaints within forty-eight (48) hours of receiving a complaint from a customer or notice of a
customer complaint from the City. Regardless of the nature of the complaint, Contractor shall
report the action taken to City in accordance with Section VIII of this Agreement.
10.2 In the event that a customer notifies the City or the Contractor that his recyclable
commodities were not collected at the scheduled time, then Contractor must collect those
recyclables from that customer within twenty-four (24) hours of the time the Contractor is made
aware of the customer's notification. Any missed collection, whether real or alleged, shall be the
collection responsibility of the Contractor.
10.3 Should the City receive ten (10) customer complaints within a forty five (45) day period,
Contractor will be assessed a charge of One Hu;idred Dollars ($100.00). Complaints are to be
verified by the Contractor and the Director of Public Works. The charge shall be deducted from
the Contractor's monthly invoice.
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ARTICLE XI
COMPLIANCE WITH APPLICABLE LAWS
11.1 This ordinance shall be construed in accordance with the City's Charter and Code of
Ordinances in effect on the Effective Date of this ordinance to the extent that such City Charter
and Code of Ordinances are not in conflict with cr in violation of the Constitution and Laws of
the United States or the State of Texas.
11.2 This Ordinance shall be governed in accordance with the Laws of the State of Texas.
Performance and all matters related thereto shall be in Brazos County, Texas, United States of
America.
11.3 Notwithstanding any other provision in this franchise to the contrary, City and Contractor
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.
11.4 In the event that the Contractor uses BVSWMA for disposal of materials that are
collected under this Agreement, the Contractor agrees to comply with all BVSWMA regulations.
All collections made under this Agreement shall be made by Contractor without unnecessary
noise, disturbance, or commotion.
ARTICLE XII
COLLECTION PROCEDURES
12.1 The Contractor shall provide bags for the recyclable materials to be collected under this
Agreement. The City shall be responsible for educating the customers concerning the procedures
for collection of recyclables. Under no circumstances shall Contractor cause to be placed or
place bags on public streets, alleys, or thoroughfares without the prior approval of the City's
Representative.
12.2 Contractor shall initially provide and distribute to each designated household a sufficient
supply of bags for the purpose of segregation and storage of materials to be collected for
recycling. Contractor shall provide additional ba-s to the customer in an efficient and timely
manner through a reorder tag system and through a telephone order system. Contractor shall
provide bags to customers within one week of r`ceiving a reorder request from a customer.
Contractor shall not be required to provide des gnated households additional bags, if it is
determined by City that the household requesting additional bags is using them for purposes
other than those set out in this Agreement.
12.3 Contractor shall collect bags containing source separated recyclable commodities that are
placed on the curb in front of each designated household, for collection during regular City solid
waste collection hours of operation. Contractor shall use open bed trucks, trailers or compaction
trucks, or any combination thereof, for collection of the recyclables. Contractor shall collect
recyclables according to a collection schedule, including routes, that has been submitted to the
City's Representative for approval. Once a collection schedule has been approved, Contractor
may only collect recyclables in the manner dictated by that schedule, unless otherwise approved
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in writing by the City's Representative. The schedule shall divide the City into five areas and
provide a collection route for each area. One route is to be collected on each weekday, and each
route shall be collected once per week regardless of weather conditions. However, in the event
of severe weather or a City designated emergency, the City's Representative may suspend
Contractor's collection activities for as long as necessary. Collection of recyclables may not
commence before 8:00 A.M., and Contractor shall use best efforts to complete collection by 5:00
P.M., but in no event shall Contractor perform collection activities between 8:00 P.M.. and 8:00
A.M. on any day.
12.4 In the event that the Contractor wishes to alter an approved collection method, routes, or
schedules then existing, the change must be approved in writing by the City's Representative.
Once said change is approved, Contractor must provide notice to each designated household at
its expense and in a manner that is approved by the City's Representative.
12.5 In the event that a scheduled collection day falls on an official holiday recognized by the
City then recycling collection services may be cancelled on that date. When a scheduled
collection is missed due to the observance of such a holiday, the Contractor shall notify the
affected customers of the holiday taken by the Contractor and shall notify those customers of the
make-up collection date. Said notification shall occur no less than forty-eight (48) hours in
advance of the holiday and shall be approved in advance by the City's Representative. A holiday
schedule shall be provided six to nine months in advance by the Contractor to the City in order
to determine what days the Contractor will observe and not provide the collection services. A
scheduled route shall not be missed more than one week in a row.
12.6 Contractor shall notify the City's Representative within sixty (60) minutes of any
scheduled delay in the collection process. Such notice shall be accompanied by Contractor's
proposal for completing the scheduled work within a reasonable time. Said proposal shall be
subject to approval by the City's Representative.
12.7 Contractor shall maintain equipment to perform its obligations under this Agreement that
is acceptable to City, with sufficient carrying capacity for the efficient collection of recyclables
from designated households. Contractor shall maintain a constant available inventory of at least
three thousand (3,000) prepared recycling kits at Contractor's facility.
ARTICLE XIII
OWNERSHIP OF RECYCLABLES
13.1 At any time after recyclable commodities have been placed outside for collection, such
recyclable commodities shall be considered transferred to City for the purpose of sale or other
disposal pursuant to the terms of this Agreement. Only the customer who placed said recyclable
commodities outside for collection may take back such materials as the customer desires until
such recyclable commodities have been collected by Contractor. If there is a problem with the
recyclable commodities placed out for collection, the Contractor shall notify the customer about
the problem by leaving a door tag indicating the problem. At the time that the recyclables are
collected by the Contractor, ownership of said recyclables shall transfer from the City to the
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Contractor, subject to a lien in favor of the City for any payment owed to City under this
Agreement.
ARTICLE XIV
TRANSPORTATION OF RECYCLABLES
14.1 The Contractor shall only transport collected recyclables for storage, processing, disposal
or other necessary handling to locations and in a manner permitted by the terms of this
Agreement as well as federal, state, and local law. The parties agree that this Agreement does
not authorize Contractor to utilize the streets, alleys, or public ways to dispose of industrial or
solid waste or waste from any other project under contract.
14.2 Contractor agrees that during transport of recyclable commodities, all vehicles used by
Contractor in the removal of recyclable materials shall be covered to prevent release of refuse
onto public streets or properties adjacent thereto. All equipment necessary for the performance
of this Franchise shall be in good condition and repair. A standby vehicle shall be available at all
times for transport of recyclables. Contractor's vehicles shall at all times be clearly marked with
Contractor's name and phone number in letters and numbers not less than three (3) inches in
height. Only labeled vehicles shall collect in designated routes.
ARTICLE XV
PROCESSING FACILITIES
15.1 The Contractor's processing facility shall have sufficient capacity to handle the volume
of recyclable commodities collected under this Agreement. The facility must be equipped to
process all recyclable commodities in a safe and efficient manner within a reasonable amount of
time.
15.2 The Contractor shall a make monthly report of customer materials collected by the
Contractor that are refused by the processing facility. The report shall be submitted to the
Director of Public Works. These materials shall ')e disposed of at BVSWMA landfill or any
other T.C.E.Q. approved disposal site and should only include materials rejected from the
processing facility that were collected from the City's customers.
ARTICLE XVI
APPEARANCE OF EQUIPMENT AND PERSONNEL
16.1 The Contractor shall ensure that the collection service equipment is attractively painted
and that said equipment is washed at least one time per week. Collection service personnel shall
work in a City approved uniform. The City shall have the right to inspect and approve
appearance of collection service equipment and personnel.
16.2 The appearance of recycling collection service equipment and personnel is important to
the City because the equipment and personnel are seen on a daily basis by the customers and
citizens of the City.
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16.3 Any and all equipment used for collection within the City limits must be clearly marked
and on each side of the vehicle with the Contractor's name. Only labeled vehicles shall collect in
designated routes. The collection service personnel should be in some type of city approved
uniform to include, at a minimum, matching shirts with blue jeans or other standard.
ARTICLE XVII
TERMINATION
17.1 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 Contractor hereunder in the event of a material breach
of the terms, covenants, or conditions herein set forth. A material breach by Contractor shall
include, but not be limited to, the following:
a. Failure to pay the fees prescribed by Article VI.
b. Failure to materially provide the services provided for in this Franchise.
C. Material misrepresentation of fact in the application for or negotiation of this
Franchise.
d. Conviction of any director, officer, employee, or agent of Contractor of the
offense of bribery or fraud connected with or resulting from the awarding of this
Franchise.
e. Material misrepresentations of fact knowingly made to City with respect to or
regarding Contractor's operations, management, revenues, services or reports
required pursuant to this Franchise.
f. Revocation or denial of registration or renewal of registration by TCEQ.
h. Excessive interruption in service for a period of seventy-two (72) hours or more
due to causes other than force majeure.
17.2 The Contractor shall not be excused by rrr-'re economic hardship nor by misfeasance or
malfeasance of its directors, officers, or employees
17.3 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
Contractor, 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 Contractor 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.
17.4 No term or provision of this Agreement shall be construed to relieve the Contractor of
liability to the City for damages sustained by the City because of any breach of contract by the
Contractor. The City may withhold payments to the Contractor for the purpose of setoff until the
exact arnount of damages due the City from the Contractor is determined and paid.
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ARTICLE XVIII
NON-EXCLUSIVITY CF THE FRANCHISE
18.1 Both parties understand and agree that nothing in this Agreement conveys to Contractor
an exclusive franchise for the services described in this Agreement and that this Agreement is
non-exclusive. The parties agree and acknowledge that the City may enter into a contract with
another party for the disposal of solid waste or recyclable commodities not covered by the terms
of this Agreement. The parties further agree that, in the event that the City develops other
services or programs that result in commodities that may be recycled, including but not limited to
multifamily structure recycling or commercial recycling, the City shall have the option to market
these commodities through Contractor but the City shall not be obligated to do so. In the event
that City and Contractor reach an agreement on the terms for recycling these additional
commodities, such terms shall be incorporated into this Agreement by addendum.
ARTICLE XIX
TERMINATION OF INDIVIDUAL SERVICE
19.1 In the event that Contractor terminates service to any customer, Contractor must notify
City by certified mail within forty-eight (48) hours of termination and state the reason for such
termination. Upon written notice from the City's Representative that he or she does not find that
the customer's service was terminated for good cause, Contractor shall reinstitute service for that
customer immediately, and the failure to do so may be considered grounds for termination of this
Agreement by the City. The parties agree that the City's Representative shall be the final arbiter
regarding whether the Contractor had good cause for termination of service to a customer.
ARTICLE XX
RECEIVERSHIP AND BANKRUPTCY
20.1 The Council shall have the right to cancel this Franchise one hundred twenty days (120)
after the appointment of receiver or trustee to take over and conduct the business of Contractor,
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:
a. 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 there under; or
b. 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.
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ARTICI-7 XXI
RELEASE AND INDEMNIFICATION
21.1 CONTRACTOR ASSUMES FULL RESPONSIBILITY FOR THE WORK TO BE
PERFORMED HEREUNDER, AND HEREBY RELEASES, RELINQUISHES, AND
DISCHARGES CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM ALL
CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND
CHARACTER INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY
TO, INCLUDING DEATH OF, ANY PERSON WHETHER THAT PERSON BE A
THIRD PERSON, CONTRACTOR, OR AN EMPLOYEE OF EITHER OF THE
PARTIES HERETO, AND ANY LOSS OF OR DAMAGE TO PROPERTY, WHETHER
THE SAME BE THAT OF EITHER OF THE PARTIES HERETO OR OF THIRD
PARTIES, CAUSED BY OR ALLEGED TO BE CAUSED BY, ARISING OUT OF OR IN
CONNECTION WITH THE GRANT OF THIS FRANCHISE TO CONTRACTOR,
WHETHER OR NOT SAID CLAIMS, DEMANDS AND CAUSES OF ACTION IN
WHOLE OR IN PART ARE COVERED BY INSURANCE.
21.2 CONTRACTOR AGREES TO AND SHALL INDEMNIFY AND HOLD CITY
HARMLESS AND DEFEND THE 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 ATTORNEYS' FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, AND FOR DAMAGE TO ANY PROPERTY, OUT OF OR
IN CONNECTION OPERATION OF CONTRACTOR'S RECYCLING BUSINESS
UNDER THIS FRANCHISE AND DISPOSAL OF THE RECYCLED WASTE
COLLECTED BY IT OR RESALE, AND ARISING OUT OF OR IN CONNECTION
WITH THE PERFORMANCE OF THIS AGREEMENT, WHETHER THE
CONTRACTOR'S NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE
INJURY, DEATH, OR DAMAGES, AND W14-ETHER THE CITY'S NEGLIGENCE IS
THE SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH, OR DAMAGES. IT
IS THE EXPRESS INTENTION OF THE PARTIES HERETO, THAT THE
INDEMNITY PROVIDED FOR HEREINABOVE IS INDEMNITY BY THE
CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE
CONSEQUENCES OF BOTH THE CITY'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH
OR DAMAGE, AND THE CONTRACTOR'S NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH
OR DAMAGE.
21.3 CONTRACTOR ASSUMES RESPONSIBILITY AND LIABILITY AND HEREBY
AGREES TO INDEMNIFY THE CITY FROM ANY LIABILITY CAUSED BY
CONTRACTOR'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.
Ordinance No. 2010-3268
Residential Recycling Collection Page 15
ARTICLE XXII
INSURANCE
22.1 For the duration of this Agreement, Contractor shall procure and maintain at its sole cost
and expense insurance against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work under the terms of this Agreement
by Contractor, its agents, representatives, volunteers, employees, or subcontractors.
22.2 Contractor's insurance shall be primary insurance with respect to the City, its officials,
employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials,
employees, or volunteers, shall be considered in excess of Contractor's insurance and shall not
contribute to it.
22.3 Contractor shall include any and all subcontractors as additional insureds 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.
22.4 Certificates of Insurance and endorsements shall be furnished to City and approved by
City before work commences. During the term of this Agreement Contractor's insurance policies
shall meet the following requirements:
a. Standard Insurance Policies Required
1. Commercial General Liability
2. Business Automobile Liability
3. Workers' Compensation
b. General Requirements Applicable to All Policies
1. 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 are not accepted.
4. 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.
6. The City of College Station, its officials, employees and volunteers, are to be
named as "Additional Insured" to the Commercial General and Business
Automobile Liability policies. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officials, employees or
volunteers.
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Residential Recycling Collection Page 16
c. Commercial General Liability
1. General Liability insurance shall be written by a carrier with a "A:VIII" or better
rating in accordance with the current Best Key Rating Guide.
2. Limit of $1,000,000.00 per occurrence for bodily injury and property damage
with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to
be per Project.
3. Coverage shall be at least as broad as ISO form GC 00 01.
4. No coverage shall be excluded from the standard policy without notification of
individual exclusions being attached for review and acceptance.
5. The coverage shall include but not be limited to the following:
premises/operations with separate aggregate; independent contracts;
products/completed operations; contractual liability (insuring the indemnity
provided herein) Host Liquor Liability, Personal & Advertising Liability; and
Explosion, Collapse, and Underground coverage.
d. Business Automobile Liability
1. Business Automobile Liability insurance shall be written by a carrier with a
"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. Coverage shall be at least as broad as Insurance Service's Office Number CA 00
01.
4. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of
the liability section in Item 2 of the declarations page.
5. The coverage shall include owned autos, leased or rented autos, non-owned autos,
any autos and hired autos.
6. Pollution Liability coverage shall be provided by endorsement MCS-90, with a
limit of $1,000,000.00.
e. Endorsements
1. Those policies set forth in Paragraphs III and IV shall contain an endorsement
naming the City as Additional Insured and further providing that the Contractor's
policies are primary to any self-insurance or insurance policies procured by the
City. The additional insured endorsement shall be in a form at least as broad as
ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO
form 2404 shall be provided in favor of the City on all policies obtained by the
Contractor in compliance with the terms of this Agreement. Contractor shall be
responsible for all deductibles which may exist on any policies obtained in
compliance with the terms of this Agreement. All coverage for subcontractors
shall be subject to the requirements stated herein. 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 Addendum "B", and approved
by the City before work commences.
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Residential Recycling Collection Page 17
f. Workers Compensation Insurance
1. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas
Administrative Code, all employees of the Contractor, all employees of any and
all subcontractors, and all other persons providing services on the Project must be
covered by a worker's compensation insurance policy: either directly through
their employer's policy (the Contractor's or subcontractor's policy) or through an
executed coverage agreement on an approved Texas Department of Insurance
Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor
does not have his or her own policy and a coverage agreement is used,
Contractors and subcontractors must use that portion of the form whereby the
hiring Contractor agrees to provide coverage to the employees of the
subcontractor. The portion of the form that would otherwise allow them not to
provide coverage for the employees of an independent Contractor may not be
used.
2. Workers compensation insurance shall include the following terms:
A. Employer's Liability minimum limits of $1,000,000.00 for each
accident/each disease/each employee are required.
B. "Texas Waiver of Our Right to Recover From Others Endorsement, WC
42 03 04" shall be included in this policy.
C. 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, and WY.
3. Pursuant to the explicit terms of Title 28, Section I10.110(c) (7) of the Texas
Administrative Code, the bid specifications, this Agreement, and all subcontracts
on this Project must include the following terms and conditions in the following
language, without any additional words or changes, except those required to
accommodate the specific document in which they are contained or to impose
stricter standards of documentation:
Definitions:
A. Certificate of coverage ("certificate") - An original certificate of
insurance, a certificate of authority to self-insure issued by the Division of
Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or
DWC-84), showing statutory workers' compensation insurance coverage
for the person's or entity's employees providing services on a project, for
the duration of the project.
B. Duration of the project - includes the time from the beginning of the work
on the project until the Contractor's/person's work on the project has been
completed and accepted by the governmental entity.
C. Persons providing services on the project ("subcontractors" in § 406.096
[of the Texas Labor Code) - includes all persons or entities performing all
or part of the services the Contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the
Ordinance No. 2010-3268
Residential Recycling Collection Page 18
Contractor and regardless of whether that person has employees. This
includes, without limitation, independent Contractors, subcontractors,
leasing companies, motor carriers, owner-operators, employees of any
such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing,
hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors,
office supply deliveries, and delivery of portable toilets.
4. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
5. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
6. If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extonded.
7. The Contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
A. a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
B. no later than seven calendar days after receipt by the Contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
8. The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
9. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the Contractor knew or should
have known, or any change that materially affects the provision of coverage of
any person providing services on the project.
10. The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Division of Workers Compensation, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
11. The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
A. Provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
Ordinance No. 2010-3268
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Residential Recycling Collection Page 19
of its employees providing services on the project, for the duration of the
project;
B. Provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
C. Provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
D. Obtain from each other person with whom it contracts, and provide to the
Contractor:
ii. A certificate of coverage, prior to the other person beginning work
on the project; and
ii. A new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
E. Retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
F. Notify the governmental . ntity in writing by certified mail or personal
delivery, within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of coverage of
any person providing services on the project; and
G. Contractually require each person with whom it contracts to perform as
required by paragraphs (a) - (g), with the certificates of coverage to be
provided to the person for whom they are providing services.
12. By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project; that
the coverage will be based on proper reporting of classification codes and payroll
amounts; and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the Commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil penal-
ties, or other civil actions.
13. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor that entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten calendar
days after receipt of notice of breach from the governmental entity."
g. Certificates of Insurance shall be prepared and executed by the insurance company
or its authorized agent, and shall contain the following provisions and warranties:
Ordinance No. 2010-3268
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Residential Recycling Collection Page 20
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.
ARTICLE XXIII
ASSIGNMENT
23.1 This Agreement and the rights and obligations contained herein may not be assigned by
Contractor without the specific prior written approval of the City Council.
ARTICLE XXIV
SAFETY
24.1 The Contractor agrees that all prudent and reasonable safety precautions associated with
the performance of this Agreement are a part of the collection techniques for which Contractor is
solely responsible. In its execution of its obligations under this Agreement, Contractor shall use
all proper skill and care, and Contractor shall exercise all due and proper precautions to prevent
injury to any property or person.
ARTICLE XXV
AD VALOREM TAXES
25.1 Contractor agrees to render a list annually of all personal property utilized in its recycling
operation services to Brazos County Appraisal District so that said personal property will be
subject to ad valorem taxation by the applicable taxing entities.
ARTICLE XXVI
NOTICES
26.1 All notices required to be given by either party to the other party under the terms of this
Contract shall be in writing and, unless written notice of a change of address is given, shall be
sent to the parties at the addresses following:
CITY: CONTRACTOR:
Director of Public Works Ronald Schmidt, General Manager
City of College Station Texas Commercial Waste
P.O. Box 9960 PO Box 645
College Station, Texas 77842 Bryan, Texas 77806
Ordinance No. 2010-3268
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Residential Recycling Collection Page 21
26.2 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 above, or to such other person and/or
address that either party subsequently designates as its address for notice. Such designation shall
be made by providing thirty (30) days advance written notice to the other party.
ARTICLE XXVII
AMENDMENTS
27.1 It is hereby understood and agreed by the parties to this Agreement that no alteration or
variation to the terms of this Agreement, including all addendums hereto, shall be effective
unless made in writing, approved and signed by both parties.
ARTICLE XXVIII
SEVERABILITY
28.1 If any section, sentence, clause, or paragraph of this Agreement shall be held to be
invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The parties shall use their best efforts to replace the invalid, illegal or unenforceable provision(s)
of this Agreement with valid legal terms and conditions approximating the original intent of the
parties.
ARTICLE XXIX
AUTHORIZATION TO EXECUTE
29.1 The parties signing this Agreement shall provide adequate proof of their authority to
execute this Agreement. This Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective successors or assigns as permitted herein.
ARTICLE XXX
TERM OF AGREEMENT
30.1 The term of this Agreement shall be for a period beginning on October 1, 2010 and
ending on September 30, 2015.
ARTICLE XXXI
ACCEPTANCE OF AGREEMENT
31.1 In accordance with City of College Station City Charter, Section 120, Contractor shall
have sixty (60) days, from and after the final passage and approval of this Ordinance to file its
written acceptance thereof with the City Secretary within thirty (30) days from the final adoption
of this Ordinance, and upon acceptance being filed, this Ordinance shall take effect and be in
force from and after the date of its acceptance. Such acceptance shall be typed or printed on the
letterhead of Contractor and, with the blank space s appropriately completed, shall be as follows:
Ordinance No. 2010-3268
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Residential Recycling Collection Page 22
Attn: Public Works Director
Texas Commercial waste acting by and through its undersigned who is acting with his official
capacity and authority, hereby accepts the franchise to operate a recycling collection service
within the City of College Station, Texas ("College Station") as said franchise is set forth and
provided in Ordinance No c :WA(the "Ordinance"). xvs C- ~2c 1-j 4S r-<
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.
By:
Name: ti, Ste, 1.3
Title: G <.o , c,2
Date: ~2. 12- Z c• • o
31.2 By accepting this Agreement, Contractor represents that it has, by careful examination,
satisfied itself as to the nature and location of tht work, the character, quality and quantity of
work to be performed, the character of the equipment and facilities necessary to fulfill its
obligations under this Agreement, as well as the general and local conditions and all other
matters that in any way affect the work to be performed under this Agreement.
ARTICLE XXXII
CONTRACTOR'S DILIGENCE AND CARE
32.1 Contractor shall use reasonable care and diligence in executing its obligations under this
Agreement.
ARTICLE XXXIII
ENTIRE AGREEMENT
33.1 It is understood by the parties that this Agreement constitutes the entire agreement
between the parties with respect to collection of recyclable commodities from designated
households within the City. It is further understood and agreed that there are no other
agreements between these parties with regard to the collection and disposal of recyclable
commodities from designated households within the City.
ARTICLE XXXIV
ENFORCEMENT OF PROVISIONS
34.1 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no
way constitute a waiver of that provision, nor in any way affect the validity of this Agreement,
any part hereof, or the right of such party thereafter to enforce each and every provision hereof.
Ordinance No. 2010-3268
Residential Recycling Collection Page 23
ARTICLE XXXV
CAPTIONS AND HEADINGS
35.1 The captions, section numbers and other such designations appearing in this Agreement
are inserted only as a matter of convenience and in no define, limit, construe, or describe the
scope or intent of such sections in this Agreement or in any way affect this Agreement
ARTICLE XXXVI
PUBLIC HEARING
36.1 It is hereby found and determined that the meetings at which this ordinance was passed
were open to the public, as required by Texas Government Code § 551.001 and that advance
public notice of time, place, and purpose of said meetings was given.
Ordinance No. 2010-3268
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Residential Recycling Collection Page 24
First Consideration & Approval on the AL", day of 2 2010
Second Consideration & Approval on the "a-'h day of , 2010
rd.
Third Consideration & Approval on the_ day of, T 1 iZ1 , 2010
PASSE~D, ADOPTED and APPROVED by the City of College Station City Council on
this the -1-Y" day of l 2010.
TEXAS COMMERCIAL WASTE CITY OF COLLEGE STATION
By: By
~ Mayor
Printed Name:_ ~ \ o.-J J S - A4M -3 -
Title: C>4,0, Gn Date:,3, 2- b - ( 0
Date:
ATTEST:
City Secreta►
Date: d (o /0
APPROVED:
e
City Manager
Date:- I d /l Lb
46 0, q&",
City Attorney
Date:
~ A A, ~ ~ (L~
ChF ncial fficer
Dat Gj►-2y-/~
Ordinance No. 2010-3268
712
Residential Recycling Collection Page 25
ADDENDUM A
RECYCLABLE COMMODITIES
1. Aluminum Used Beverage Cans (UBC)
• 100% American metal markets - second edition of the month - domestic aluminum
producer/UBC price less $0.19/lb.
2. Clear Glass (Sorted)
• 100% strategic materials - Houston price less $70.00 per ton
3. Brown Glass (Sorted)
• 100% strategic materials - Houston price less $70.00 per ton
4. Newspapers with Ad Slicks (ONP) and Magazines (OMG) (Commingled)
• 100% of the high side of the news (8) price S.W. Official Board Markets "Yellow
Sheet" second edition of the month less $70.00 per ton
5. Steel Food Cans (Tin Cans)
• 0% less $0.075 per lb.
6. Plastic Bottles SPI Code 1 (PET) (Soda Liter)
• 100% of the Avangard Innovative Houston published price less $38 per lb.
7. Plastic Bottles SPI Code 2 (HDPE) (Milk/Water Jugs)
• 100% of the Avangard Innovative Houston published price less $38 per lb.
8. Lead-Acid Batteries
• $0.00 per lb.
9. Plastic SPI Code 2 (HDPE) Pigmented High Density Polyethylene
• 100% of the Avangard Innovative Houston published price less $.38 per lb.
10. Telephone Books/ Catalogues
• 100% of the high side of the news (8) price S.W. Official Board Markets "Yellow
Sheet" second edition of the month less $70.00 per ton
11. White Paper
0 $0.00 per lb
Ordinance No. 2010-3268
Residential Recycling Collection Page 26
12. Use of Baler for Revenue Share of Cardboard (OCC)
a. As part of this franchise, the Contractor shall provide, install, and maintain a baler at no
additional cost to the City.
b. The baler shall be a Waste Quip 603OHD or similar vertical baler with the following
similar specs:
1. Cylinder Bore - 6"
2. Cylinder Rod -3.5"
3. Cylinder Stroke - 48"
4. Motor - 10 H.P.
5. Phase & Voltage - 3 Phase/208-230/460
6. Bale Weight OCC - 800-10004
7. Bale Size - 30"x 60"x 48"
8. Operating Pres. - 2200 PSI
c. The baler will be located in a placed to be determined by the City and the City will
provide the power source.
d. The baler can be used by the City for all recyclable commodities.
e. In exchange for the City's use of the baler there will be revenue sharing with the
Contractor retaining $40.00 per ton if less than $100.00 per ton and $50.00 per ton if
more than $100 per ton for Cardboard (OCC). The rates shall be determined by the
Yellow Sheet market rate.
Ordinance No. 2010-3268
Residential Recycling Collection Page 27
ADDENDUM B
CERTATES OF INSURANCE AND ENDORSEMENTS