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HomeMy WebLinkAbout2010-3294a - Ordinance - 11/10/2010 t • ORDINANCE NO. 2010 - 32gy a 2010 AMENDMENT TO THE ORDINANCE GRANTING A NONEXCLUSIVE FRANCHISE WITH TEXAS COMMERCIAL WASTE WHEREAS, the CITY passed Ordinance No. 02018 on June 24, 1993, entered into a franchise agreement with TEXAS COMMERCIAL WASTE; and WHEREAS, TEXAS COMMERCIAL WASTE and the CITY desire to amend the franchise agreement with Ordinance No. 02018 by adding Food Waste Collection to the franchise (attached hereto as Exhibit A); and WHEREAS, TEXAS COMMERCIAL WASTE and the CITY agree that all mutual covenants, agreements, terms and conditions, and valuable consideration from the original franchise will remain in effect and will apply to this amendment; and WHEREAS, the College Station City Council must approve this amendment NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, TEXAS COMMERCIAL WASTE and CITY agree and contract as follows: To amend the original franchise agreement sections I — XIE, all other sections will remain in full effect and the amendment is to read as follows: AN ORDINANCE GRANTING BRYAN IRON AND METAL CO., D/B /A TEXAS COMMERCIAL WASTE ITS SUCCESSORS AND ASSIGNS A 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 COLLECTING DEMOLITION AND CONSTRUCTION DEBRIS AND FOOD WASTE FROM COMMERCIAL, RESID ENTIAL, AND INDUSTRIAL SITES; 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, by ordinance, provides exclusively all solid waste collection and disposal services for solid waste generated from within the corporate limits of the City of College Station; and WHEREAS, the City of College Station may, by ordinance and 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 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 and disposal of certain solid waste generated from within the corporate limits of the City of College Station; and WHEREAS, the City of College Station hereinafter referred to as "CITY" desires to grant this franchise to BRYAN IRON AND METAL CO., d/b /a TEXAS COMMERCIAL WASTE, hereinafter referred to as "COMMERCIAL WASTE ", under the terms of this Agreement as set out below. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: I. DEFINITIONS 1. Agreement. This contract between the City of College Station and COMMERCIAL WASTE for provision of certain roll -off container service within College Station, under certain terms and conditions set out herein. 2. Brazos Valley Solid Waste Management Agency. Also referred to as BVSWMA. 3. City of College Station. Also referred to as "CITY" in this Agreement. 4. City Council. Also referred to as "Council" denoting the governing body of the City of College Station. 5. Compactor means a packer solely used for the disposal and collection of food waste. Food waste compactors shall be clearly marked as such. 6. Customers. Those industrial, residential, and /or commercial premises located within the CITY that generate demolition/construction debris. 7. Demolition/Construction Debris. Building material waste resulting from demolition, remodeling, repairs, or construction as well as materials discarded during periodic temporary facility clean -up. 8. Food Waste shall mean disposed foods that have been recovered from the solid waste stream for the purposes of reuse or reclamation. Food Waste is not solid waste, unless it is abandoned or disposed rather than reprocessed into another product. 9. Roll -Off Containers. Also referred to as container. That type of solid waste industry • container loaded by winch truck. 10. Texas Commercial Waste. Herein after referred to as "COMMERCIAL WASTE ". The party contracting with CITY for roll -off container demolition/construction debris collection service. TCW Franchise Amendment for Food Waste Collection Page 2 r , • • II. GENERAL DESCRIPTION OF SERVICES TO BE PROVIDED BY COMMERCIAL WASTE For and in consideration of the compliance by COMMERCIAL WASTE with the covenants and conditions herein set forth, and the Ordinances and Regulations of the City governing the collection and disposal of solid waste, CITY hereby grants to COMMERCIAL WASTE a franchise for use of designated public streets, alleys, and thoroughfares within the corporate limits of City for the sole purpose of engaging in the business of collecting only demolition and construction debris and food waste from commercial, residential and industrial sites within the jurisdictional limits of CITY, as approved by the Director of Public Services or his or her delegate. III. AUTHORITY FOR COMMERCIAL WASTE TO PROVIDE SERVICE CITY hereby grants to COMMERCIAL WASTE the privilege to collect from commercial, residential, and industrial customers within the City limits demolition and construction debris using roll -off containers only and food waste using roll -off containers or compactors. COMMERCIAL WASTE shall serve only those customers approved by the Director of Public Works or his or her delegate. IV. DISPOSAL SITE TO BE USED Unless approved otherwise in writing by CITY, COMMERCIAL WASTE shall utilize the BVSWMA landfill located on Rock Prairie Road, College Station, Texas or any other site designated by CITY and BVSWMA for their municipal solid waste disposal for disposal of all demolition and construction debris collected by COMMERCIAL WASTE from within the corporate limits of the City of College Station. V. RATES TO BE CHARGED BY COMMERCIAL WASTE Attached hereto as Exhibit "A" and incorporated herein by reference is the Schedule of Rates which COMMERCIAL WASTE shall charge for the aforementioned services, such Schedule of Rates may be revised periodically and must be submitted to the Director of Public Works or his or her delegate upon each revision and will be attached to the original franchise agreement. VI. PAYMENTS TO CITY For and in consideration of the use of designated streets alleys and thoroughfares as well as in consideration of the covenants and agreements contained herein, COMMERCIAL WASTE agrees and shall pay to CITY upon acceptance of this Agreement and thereafter during the term hereof, a sum equivalent to five percent (5 %) of COMMERCIAL WASTE's monthly gross delivery and hauling revenues generated from COMMERCIAL WASTE's provision of demolition/construction debris roll -off container and food waste compactor or container collection services within the CITY excluding landfill tipping charges. This exclusion is limited only to the amount BVSWMA charges COMMERCIAL WASTE for landfill tipping charges. Any revenue received by COMMERCIAL WASTE in excess of the landfill tipping charges will TCW Franchise Amendment for Food Waste Collection Page 3 • • be subject to the franchise fee and shall be computed into COMMERCIAL WASTE's monthly gross delivery and hauling revenue. 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. Payment after that date shall involve a ten percent (10 %) penalty on the outstanding amount owed under this article of the Agreement. Failure by COMMERCIAL WASTE to pay amounts due under this article, after written notice by CITY, may constitute Failure to Perform under this contract and CITY may invoke the provisions of Article XVI of this Agreement (FAILURE TO PERFORM). VII. ACCESS TO RECORDS REPORTING CITY shall have access to COMMERCIAL WASTE's records, billing records of those customers served by COMMERCIAL WASTE and all papers relating to the operation of construction debris collection and disposal and food waste collection_within CITY. Access by CITY to COMMERCIAL WASTE's records shall be provided to CITY upon reasonable notice to COMMERCIAL WASTE during COMMERCIAL WASTE's normal business hours. The following records and reports shall be filed quarterly with the Director of Public Works or his or her delegate: A. Reports of the results of all complaints and investigations received and action taken by COMMERCIAL WASTE. B. A listing of all COMMERCIAL WASTE accounts served and monthly revenue derived from roll -off containers placed in the CITY under the terms of this agreement. The reports should include customer's name, address, frequency of pick -up, size of container and monthly charges. VIII. PLACEMENT OF ROLLOFF CONTAINERS OR COMPACTORS FOR FOOD WASTE All roll -off containers and food waste compactors placed for service within CITY shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall COMMERCIAL WASTE place containers or food waste compactors on public streets, alleys and /or thoroughfares without the prior approval of the CITY. CITY reserves the right to specify to COMMERCIAL WASTE the exact location of a roll -off container(s) and food waste compactor(s) it places for service in CITY. IX. CONTAINER AND EQUIPMENT MAINTENANCE COMMERCIAL WASTE agrees to properly maintain as necessary cleaning and painting all roll -off containers and food waste compactors placed out for service within CITY. Food waste compactors or containers shall be clearly marked as used for "Food Waste Only" in letters at least twelve inches (12 ") on the sides of the compactor or container. X. COMPLAINTS REGARDING SERVICE / SPILLAGE TCW Franchise Amendment for Food Waste Collection Page 4 • • COMMERCIAL WASTE shall deal with and receive directly any complaints pertaining to service from their roll -off containers or compactor customers located within CITY. However any such complaints received by CITY shall be forwarded to COMMERCIAL WASTE within twenty four 24 hours of their receipt by CITY. COMMERCIAL WASTE shall respond to all complaints within twenty four (24) hours of receiving notice of such complaint from CITY and shall report to CITY as to the action taken. Failure by COMMERCIAL WASTE to respond and report to CITY on action taken within this twenty four (24) hour period may subject COMMERCIAL WASTE to a $25.00 per incident charge from CITY payable with the next payment due to CITY under Article VI of this Agreement. COMMERCIAL WASTE agrees that during transport all vehicles used by COMMERCIAL WASTE in the removal of demolition and construction debris and food waste shall be covered to prevent spillage, blowing, or scattering 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 always be available. COMMERCIAL WASTE's vehicles shall at all times be clearly marked with COMMERCIALWASTE's name in letters not less than three (3) inches in height. XI. OBEISANCE OF LAWS COMMERCIAL WASTE agrees that it shall comply with all laws, policies, rules and regulations of the United States, State of Texas, BVSWMA, Brazos County, and City of College Station with regard to the operation of the landfill and disposal of solid waste, including but not limited to the requirement that all persons on the landfill premises wear a hard hat. All collections made hereunder shall be made by COMMERCIAL WASTE without unnecessary noise, disturbance, or commotion. XII. UNDERSTANDINGS PERTAINING TO NON - EXCLUSIVITY It is understood by and between the parties that this Agreement and the Agreement authorizing the collection of recyclable materials executed by and between the parties on the 20th day of August, 1990, constitutes the only agreements between the parties. It is further understood and agreed that there are no other agreements between these parties with regard to the disposal of commercial, industrial or residential solid waste in the CITY and that this Agreement does not authorize COMMERCIAL WASTE to utilize the streets, alleys or public ways to dispose of commercial, industrial, or residential solid waste other than demolition and construction debris and food waste. Both parties agree and understand that nothing in this agreement conveys to COMMERCIAL WASTE an exclusive franchise for the services described in this Agreement and that this Agreement is non - exclusive. XIII. OWNERSHIP OF MATERIALS COLLECTED Sole and exclusive title to all demolition and construction debris and food waste collected by COMMERCIAL WASTE under this Agreement shall pass to COMMERCIAL WASTE when said debris is placed on COMMERCIAL WASTE's truck. TCW Franchise Amendment for Food Waste Collection Page 5 1 First Consideration & Approval on the 1 ST day of Oc'r0 8e'P- , 2010 Second Consideration & Approval on the Zest day of Ocsrot3LRr , 2010 Third Consideration & Approval on the 10 " day of Nov Lamic At., 2010 PASSED, ADOPTED and APPROVED by the City of College Station City Council on this the taro day of Wogemstit. 2010. BRYAN IRO) & METAL D /B /A CITY OF COLLEGE STATION TEX • t V MERCIAL WASTE By: - -. By: r*V Mayor Printed Name: o . ,4 c -1-1/V1 Date: 1 ' 3/ -1 Date: AI v t' ATTEST: City Secreta Date: / -3/ -/ APPROVED: City n ger Date: C- c 1( City Attorney Date: /- 2-r - f/ Chi F . ncia I fficer TCW Franchise Amendment for Food Waste Collection Page 6