HomeMy WebLinkAbout2005-2808 - Ordinance - 06/23/2005
ORDINANCE NO. 2808
AN ORDINANCE GRANTING CCM, LLC, D/B/A BCS STOP 'N GO POTTIES,
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
COLLECTING DEMOLITION AND CONSTRUCTION DEBRIS FROM
RESIDENTIAL 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; FOR PARTIAL INVALIDITY AND
ASSESSING A PENALTY FOR VIOLATION.
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 the City of College Station 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 a certain classification of solid waste generated within the corporate
limits of the City of College Station under the terms of this Franchise Agreement
as set out below; and
WHEREAS, CCM, LLC d/b/a BCS STOP 'N GO POTTIES desires to
obtain a franchise to provide for the collection, hauling and disposal of
construction debris solid waste from the City of College Station;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION, TEXAS, THAT:
I.
DEFINITIONS
1. Franchise Agreement means this franchise between the City of
College Station and CCM, LLC d/b/a BCS STOP 'N GO POTTIES for provision
of a residential roll-<>ff container demolition and construction debris collection
service within the City of College Station, under certain terms and conditions set
out herein.
2. BCS STOP 'N GO POTTIES means CCM, LLC d/b/a BCS STOP
'N GO POTTIES conducting the roll-<>ff container demolition and construction
debris collection service.
3. Brazos Valley Solid Waste Management Agency or BVSWMA
means a landfill 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
through an interlocal agreement.
4. City of College Station or CITY means the City of College Station,
Texas a Home-Rule Municipal Corporation incorporated under the laws of Texas.
5. C~y Council or "COUNCIL" means the governing body of the City of
College Station, Texas.
6. Customers means those areas zoned for single family, duplex, and
quadraplex uses located within the CITY that generate demolition and
construction debris. Not included are multi-family dwellings that are attached to
each other such as but not limited to apartments and townhomes.
7. Demolition and Construction Debris means any building material
waste resulting from demolition, remodeling, repairs, or construction as well as
materials discarded during periodic temporary facility clean-up generated within
the CITY.
8. Roll-Off Containers or container means that type of solid waste
industry container loaded by winch truck not to exceed fifteen (15) cubic yards in
volume.
9. Residential customers means any residential dwelling that is owned
or occupied by a resident in the CITY whether as owner, lessee or tenant.
II.
GRANT OF NONEXCLUSIVE FRANCISE
For and in consideration of the compliance by BCS STOP 'N GO
POTTIES with the covenants and conditions herein set forth CITY hereby grants
to BCS STOP 'N GO POTTIES a NONEXCLUSIVE 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 from residential customers in those areas zoned for
single family, duplex, triplex and quadraplex within the jurisdictional limits of CITY
using roll-<>ff containers.
III.
DISPOSAL SITE TO BE USED
Unless approved otherwise in writing by ASSISTANT DIRECTOR OF
PUBLIC WORKS, BCS STOP 'N GO POTTIES shall utilize the BVSWMA landfill
located on Rock Prairie Road, College Station, Texas or any other site
designated for their municipal solid waste disposal for the disposal of all
demolition and construction debris collected by BCS STOP 'N GO POTTIES
under this Franchise Agreement. BCS STOP 'N GO POTTIES shall not dispose
of any asbestos or other hazardous wastes at the BVSWMA landfill.
IV.
RATES TO BE CHARGED BY BCS STOP 'N GO POTTIES
Attached hereto as Exhibit "A" and incorporated herein by reference is the
Schedule of Rates, which BCS STOP 'N GO POTTIES shall charge for the
aforementioned services. The rates provided herein shall be renegotiated at any
time that the costs to the company of doing business have increased, due to the
operation of new governmental regulation or due to increased costs of material or
labor required to provide the services hereunder, or due to increased costs of
disposal in a landfill operation. BCS STOP 'N GO POTTIES agrees to use due
diligence to keep costs from increasing.
V.
PAYMENTS TO CITY
For and in consideration of the grant of the franchise herein, BCS STOP
'N GO POTTIES agrees and shall pay to CITY upon acceptance of this Franchise
Agreement and thereafter during the term hereof, a sum equivalent to five
percent (5%) of BCS STOP 'N GO POTTIES's monthly gross delivery and
hauling revenues generated from BCS STOP 'N GO POTTIES's provision of
demolition and construction debris roll-off container collection services within the
CITY excluding landfill tipping charges. This exclusion is limited only to the
amount BVSWMA charges BCS STOP 'N GO POTTIES for landfill tipping
charges. Any revenue received by BCS STOP 'N GO POTTIES in excess of the
landfill tipping charges will be subject to the franchise fee and shall be computed
into BCS STOP 'N GO POTTIES's monthly gross delivery and hauling revenue.
Said payment shall be paid quarterly to the City Manager or her delegate and
shall be due by the twentieth of the month following the end of the previous
quarter. Payment after that date shall incur a ten percent (10%) late fee on the
outstanding amount owed under this Article V.
Failure by BCS STOP 'N GO POTTIES to pay any amount due under this
franchise constitutes a Failure to Perform under this contract and is subject to the
provisions of Article XV of this Franchise Agreement (FAILURE TO PERFORM).
VI.
ACCESS TO RECORDS & REPORTING
CITY shall have the right, upon reasonable notice, to inspect during
normal business hours BCS STOP 'N GO POTTIES's records, billing records of
those customers served by BCS STOP 'N GO POTTIES and all papers relating
to the operation of demolition and construction debris collection and disposal
within the CITY. BCS STOP 'N GO POTTIES shall cooperate in allowing CITY to
conduct the inspections.
The following records and reports shall be filed quarterly with the City
Manager or her delegate:
A. Reports of the results of all complaints and investigations received
and action taken by BCS STOP 'N GO POTTIES.
B. A listing of all BCS STOP 'N GO POTTIES accounts served and
monthly revenue derived from roll-<>ff containers placed in the CITY under terms
of this franchise. The reports will include customer's name, address, frequency
of pick-up, size of container, and monthly charges.
VII.
PLACEMENT OF ROLL-OFF CONTAINERS
All roll-off containers placed in service shall be located in such a manner
so as not to be a safety or traffic hazard. Under no circumstances shall BCS
STOP 'N GO POTTIES place containers on public streets, alleys and/or
thoroughfares without the prior written approval of the CITY. CITY reserves the
right to designate the exact location of any or all roll-off container(s) placed in
service in the CITY.
VIII.
CONTAINER AND EQUIPMENT MAINTENANCE
BCS STOP 'N GO POTTIES agrees to properly maintain in a safe, clean
and sanitary condition, and paint all roll-<>ff containers placed out for service
within the CITY.
All equipment necessary for the performance of this franchise shall be in
good condition and repair.
All vehicles used by BCS STOP 'N GO POTTIES in the removal of
demolition and construction debris shall be covered during transport to prevent
spillage, blowing, or scattering of refuse onto public streets or rights of way,
private property or adjacent property. A standby vehicle shall always be
available.
BCS STOP 'N GO POTTIES's vehicles shall at all times be clearly marked
with BCS STOP 'N GO POTTIES's name, address, telephone number and if
applicable, state permit number, in letters not less than three (3) inches in height.
IX.
COMPLAINTS REGARDING SERVICE/SPILLAGE
BCS STOP 'N GO POTTIES shall handle directly any complaints
pertaining to customer service, property damage or personal injury from their roll-
off container service. Any such complaints received by CITY shall be forwarded
to BCS STOP 'N GO POTTIES within twenty-four (24) hours of their receipt by
CITY. BCS STOP 'N GO POTTIES shall respond to all complaints within twenty-
four (24) hours of receiving notice of such complaint from CITY, resolve such
complaints promptly and shall report to CITY the action taken. Failure by BCS
STOP 'N GO POTTIES to respond and report to CITY on action taken within this
twenty-four (24) hour period may subject BCS STOP 'N GO POTTIES to a
$25.00 per incident charge from CITY payable with the next payment due CITY
under Article V of this Franchise Agreement.
X.
COMPLIANCE WITH LAWS
BCS STOP 'N GO POTTIES shall comply with all applicable federal, state
and local laws, policies, rules and regulations, and ordinances with regard to the
collection, hauling and disposal of solid waste, including but not limited to the
requirement that all persons on the BVSWMA landfill premises wear a hard hat.
All operations conducted by BCS STOP 'N GO POTTIES shall be conducted
without unnecessary noise, disturbance, or commotion.
XI.
UNDERSTANDINGS PERTAINING TO NON-EXCLUSIVITY
This Franchise Agreement contains all the terms and conditions agreed on
by the parties and no other agreements, or otherwise, regarding the subject
matter of this franchise shall be of any force or effect.
Both parties agree and understand that nothing in this Franchise
Agreement conveys to BCS STOP 'N GO POTTIES an exclusive franchise for
the services described in this franchise and that this franchise is nonexclusive.
XII.
OWNERSHIP OF MATERIALS
Sole and exclusive title to all demolition and construction debris collected
by BCS STOP 'N GO POTTIES under this Franchise Agreement shall pass to
BCS STOP 'N GO POTTIES when said debris is placed on BCS STOP 'N GO
POTTIES's truck.
XIII
CITY SERVICE
BCS STOP 'N GO POTTIES agrees to provide free service to CITY
following natural disasters or Acts of God.
XIV.
INTERRUPTION OR TERMINATION OF SERVICE
A. Termination in Service. In the event that BCS STOP 'N GO
POTTIES terminates service to any customer within the CITY's limit, BCS STOP
'N GO POTTIES must notify CITY through registered mail within forty-eight (48)
hours of termination and state the cause of such termination.
B. Excessive InterruDtion in Service. If the interruption in service
continues for a period of seventy-two (72) hours or more, then it may constitute
Failure to Perform under this contract and CITY may invoke the provisions of
Article XV of this Franchise Agreement (FAILURE TO PERFORM).
xv.
FAILURE TO PERFORM
It is expressly understood and agreed by the parties that if at any time
BCS STOP 'N GO POTTIES shall fail to perform any of the terms, covenants, or
conditions herein set forth, CITY may after hearing as described herein, revoke
and cancel the Franchise Agreement by and between the parties and said
Franchise Agreement shall be null and void. Upon the determination by the staff
of CITY that a hearing should be held before the Council of said CITY, CITY shall
mail notice to BCS STOP 'N GO POTTIES, 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 Franchise Agreement. The
hearing shall be conducted in public before the City Council and BCS STOP 'N
GO POTTIES shall be allowed to present evidence and 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 Franchise Agreement between the parties at
no penalty to the CITY.
XVI.
INDEMNIFICATION
In the event CITY is damaged due to the act, omission, mistake, fault
or default of BCS STOP 'N GO POTTIES, then BCS STOP 'N GO POTTIES
shall indemnify and hold CITY hannless for such damage.
BCS STOP 'N GO POTTIES shall Indemnify and hold CITY hannless
for any disposal of any solid waste for which the BVSWMA landfill Is not
pennitted whether intentional or inadvertent.
BCS STOP 'N GO POTTIES shall Indemnify and hold CITY hannless
from any and all injuries to or claims of adjacent property owners caused
by BCS STOP 'N GO POmES, Its agents, employees, and representatives.
BCS STOP 'N GO POTTIES agrees to and shall indemnify and hold
the CITY , its officers, agents and employees, hannless from and against
any and all claims, losses, damages, causes of action, suits, and liability of
every kind and character, Including all expenses of litigation, court costs,
and reasonable 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 and business operated by BCS STOP 'N GO POTTIES under this
Franchise Agreement, 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.
XVII.
INSURANCE
BCS STOP 'N GO POrnES shall procure and maintain at its sole cost
and expense for the duration of the Franchise Agreement insurance
against claims for injuries to persons or damages to property which may
arise from or in connection with the perfonnance of the work hereunder by
BCS STOP 'N GO POrnES, its agents, representatives, volunteers,
employees or subcontractors.
BCS STOP 'N GO POTTIES's insurance coverage shall be primary
insurance with respect to the CITY, it's officials, employees and volunteers.
Any Insurance or self-insurance maintained by the CITY, its officials,
employees or volunteers shall be considered in excess of the BCS STOP 'N
GO POTTIES's Insurance and shall not contribute to it.
BCS STOP 'N GO POTTIES shall include all subcontractors as
additional insured under its policies or shall furnish separste certificates
and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
Certificates of Insurance and endorsements shall be furnished to
CITY and approved by CITY before BCS STOP 'N GO POTTIES provides
services in the CITY.
A.
B.
C.
STANDARD INSURANCE POLICIES REQUIRED
1. Commercial General LIability Policy
2. Automobile Liability Policy
3. Worker's Compensation Policy.
GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES
1. General Liability and Automobile LIability Insurance
shall be written by a carrier with a B + VII or better rating
In accordance with the current Best Key Rating Guide.
Only Insurance Carriers licensed and admitted to do
business In the State of Texas will be accepted.
Deductibles shall be listed on the Certificate of
Insurance and are acceptable only on a per occurrence
bases for property damage only.
Claims Made Policies will not be accepted.
The City of College Station, ita officials, employees and
volunteers are to be added as "Additional Insured" to
the General Liability and the Automobile Liability
policies. The coverage shall contain no special
limitations on the scope of protection afforded to the
CITY, its officials, employees or volunteers.
A Waiver of Subrogation In favor of the City of College
Station with respect to the General liability, Automobile
Liability, and Workera' Compensation insurance must
be Included.
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.
Upon request, certified copies of all Insurance policies
shall be furnished to the City of College Station.
2.
3.
4.
5.
6.
7.
8.
COMMERCIAL GENERAL LIABILITY
1. Minimum Combined Single Limit of $2,000,000
aggregate with $1,000,000 per occurrence for Bodily
Injury and Property Damage.
Coverage shall be at least as broad as Insurance
service's Office form number CG 00 OL.
2.
3.
No coverage shall be deleted from the standard policy
without notification of individual exclusions being
attached for review and acceptance.
D.
AUTOMOBILE LIABILITY
1. Minimum Combined Single Limit $1,000,000 combined
single limit per occurrence for Bodily Injury Property on
anyauto.
The Business Auto Policy muat show Symbol 1 In the
Covered Autos Portion of the liability section on Item 2
of the declarations page.
2.
E.
WORKER'S COMPENSATION
1. Employer's Liability limits of $500,000/$500,000/$500,000
are required.
City of College Station shall be named as Alternate
Employer on endorsement WC 99 09 01 unless written
through TWCARP.
Texas must appear in Item 3A of the Workers'
Compensations coverage or Item 3C must contain the
following: All States except those listed in Item 3A and
the States NV, ND, OH, WA, WV, WY.
CERTIFICATES OF INSURANCE
1. Certificates of Insurance shall be prepared and executed
by the Insurance company or its authorized agent, and
shall contain provisions representing and warranting
the following:
a. The company Is licensed and admitted to do
business In the State of Texas
The Insurance set forth by the insurance company
are underwritten on forms which have been
approved by the Texas State Board of Insurance
or ISO.
Sets forth all endorsements as required above
and insurance coverages as previously set forth
herein.
Shall specifically set forth the notice of
cancellation, termination, or change In coverage
provisions to the City of College Station.
Original endorsements affecting coverage
required by this section shall be furnished with
the certificates of insurance.
2.
3.
F.
b.
c.
d.
e.
XVIII.
ASSIGNMENT
This Franchise Agreement and the rights and obligations contained herein
may not be assigned by BCS STOP 'N GO POTTIES without the specific prior
written approval of the City Council.
XIX.
SAFETY AND LIABILITY FOR INJURIES TO CITY OR ABUTTING PROPERTY
BCS STOP 'N GO POTTIES shall perform the collection in accordance
with the applicable laws, codes, ordinances and regulations of the United States,
State of Texas, Brazos County, and City of College Station and in compliance
with OSHA and other laws as they apply to its employees. It is the intent of the
parties that the safety precautions are a part of the collection techniques for
which BCS STOP 'N GO POTTIES is solely responsible. In the carrying on of
the services herein provided for, BCS STOP 'N GO POTTIES shall use all proper
skill and care, and BCS STOP 'N GO POTTIES shall exercise all due and proper
precautions to prevent injury to any property, or person(s).
BCS STOP oN GO POTTIES assumes responsibility and liability and
hereby agrees to indemnify and hold the City of College Station hannless
from and againet any and all claims, losses, property damage. personal
injury or death arising out of or In connection with BCS STOP 'N GO
POTTIES'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.
BCS STOP 'N GO POTTIES shall pay for all damages to City property
resulting from the operation of Its service and shall pay to every owner of
property abutting the residential property on which the container Is located
that Is Injured by the operation of the franchise all physical damage caused
by any act or omission of BCS STOP 'N GO POTTIES or of any of its
subcontractors or employees in the operation of the BCS STOP 'N GO
POTTIES service.
xx.
AD VALOREM TAXES
BCS STOP 'N GO POTTIES agrees to render all personal property utilized
in its solid waste operation services provided to Brazos County Appraisal District
so that said personal property will be the subject of ad valorem taxation for the
benefit of CITY.
XXI.
NOTICES AND PAYMENTS
All notices and payments required under the terms of this Contract to be
given by either party to the other party shall be in writing, and unless otherwise
specified in writing by the respective parties, shall be sent to the parties at the
addresses following:
City Manager
City of College Station
P.O. Box 9960
College Station, Texas 77842
Charles Mancuso
President, CCM, LLC. d/b/a
Stop 'N Go Potties
P. O. Box 5449
Bryan, Texas 77805
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.
XXII.
PENALTY
Any person, firm or corporation violating any provision of this ordinance
shall be fined not exceeding $2,000.00 for each offense and each and every day
said violation continues constitutes a separate offense.
XXII/.
AMENDMENTS
It is hereby understood and agreed by the parties to this franchise that no
amendment to the terms of this franchise shall be made unless made in writing,
approved by both parties, and attached to this Franchise Agreement to become a
part hereof.
XXIV.
SEVERABILITY
If any section, sentence, clause or paragraph of this Franchise Agreement
is for any reason held to be invalid or illegal, such invalidity shall not affect the
remaining portions of the Franchise Agreement.
xxv.
AUTHORIZATION TO EXCECUTE
The parties signing this Franchise Agreement shall provide adequate
proof of their authority to execute this Franchise Agreement. This Franchise
Agreement shall inure to the benefit 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.
XXVI.
TERM OF FRANCHISE.
The term of this Franchise Agreement shall be for a period of fIVe (5)
years beginning on the 1st day of September, 2005.
XXVII.
ACCEPTANCE OF FRANCHISE
This grant of franchise and its terms shall be accepted by BCS STOP 'N
GO POTTIES by a written instrument, executed and acknowledged, filed with the
City Secretary within thirty (30) days after the date of its passage. The written
instrument shall state the acceptance of this franchise and its terms. BCS STOP
'N GO POTTIES shall agree in the instrument to abide by the terms and declare
that the statements and recitals in it are correct.
This franchise shall take effect sixty (60) days after the date of its passage
by the City Council provided formal acceptance of the terms by BCS STOP 'N
GO POTTIES is filed with the City Secretary within the time provided herein.
XXVIII.
PUBLIC MEETING
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, as amended, and that advance public notice of time,
place, and purpose of said meetings was given.
July 12, 2005
Attn: Mr. Tom Brymer, City Manager
City of College Station
BCS Stop 'N Go Potties acting by and through is undersigned Charles Mancuso who is
acting within his official capacity and authority, hereby accepts the tTanchise to operate a
roll-off waste collection service within the City of College Station, Texas ("College
Station") as said tTanchise is set forth and provided in Ordinance No. 2808 (the
"Ordinance"). BCS Stop 'N Go Potties agrees to be bound and governed by each term,
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 in compliance with the
Ordinance.
!AþJr-
Date
C
PASSED, ADOPTED and APPROVED by a majority vote of the City Council of
the City of College Station on this the ...n.rL. day of June, 2005.
CCM, LLC, d/b/a
::S~~
Charles Mancuso, President
Date: "///~5
/ /
First Consideration and Approval:
Second Consideration and Approval:
Third Consideration and Approval:
CITY OF COLLEGE STATION
BY: ~ J:.L;.,
Ron Sil ,JØfayor
c:~ /1 ~/H/)~
ity Attorney
Date:
May 26.2005
June 9.2005
June 23.2005
Exhibit "A"
SCHEDULE OF RATES
BCS Stop N Go Potties
Rates for a fourteen (140) yard dumpster
$75.00 plus tipping fee or
$110.00 minus tipping fee
$1.00 per day fee after fourteen days on location without disposal