HomeMy WebLinkAbout2005-2819 - Ordinance - 08/08/2005
ORDINANCE NO.
2819
AN ORDINANCE GRANTING STERICYCLE, INc., ITS SUCCESSORS AND ASSIGNS, A
NONEXCLUSNE FRANCHISE FOR THE PRNILEGE AND USE OF PUBLIC STREETS,
ALLEYS, AND PUBLIC WAYS WITHIN THE CORPORATE LIMITS OF THE CITY OF
COLLEGE STATION FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF
COLLECTION AND DISPOSAL OF TREATED AND UNTREATED MEDICAL WASTE
FROM VARIOUS HEALTH CARE-RELATED FACILITIES WITHIN THE CITY LIMITS;
PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER
WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE
CONSIDERATION; FOR PERIOD OF GRANT; FOR ASSIGNMENT; FOR METHOD OF
ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL
INVALIDITY.
WHEREAS, the City of College Station regulates, the collection and disposal of all solid
waste generated from within the corporate limits of the City of College Station; and
WHEREAS, the City of College Station may, pursuant to Article XI of its Charter, grant
franchises to other entities for the use of public streets, alleys and thoroughfares within the
corporate limits of CITY and for the collection and disposal of treated and untreated medical
wastes generated from within the corporate limits of the City of College Station; and
WHEREAS, Stericycle, Inc., is engaged in the business of collection and disposal of
treated and untreated medical waste from health care-related facilities and is requesting a
franchise to operate its business within the City limits of the City of College Station; and
WHEREAS, the City of College Station (hereinafter referred to as "CITY"), believes it is
in the best interest of College Station to offer Stericycle, Inc., a franchise on such tenns 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:
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
pennissive. Words not defined in this Ordinance shall be given their common and ordinary
meanIng.
Page 1
Contract No. '55 -.:I. 74M
6/14/05
Ordinance No.
2819
1.2 For the purposes of this Ordinance, the following words, tenns, phrases and their
derivations shall have the meaning given in Section. 1.1
Franchise means this ordinance and all rights and obligations established herein or as it
may be amended.
CITY means the City of College Station, a home rule municipal corporation in the State
of Texas.
City Councilor "Council" means the governing body of the City of College Station.
City Manager means the City official appointed by the City Council who is responsible
for the daily operation of the City of College Station.
Brazos Valley Solid Waste Management Agency or BVSWMA means a pennitted
municipal solid waste facility jointly owned by the Cities of Bryan and College Station and
operated by the City of College Station on behalf of the cities as authorized by an interlocal
agreement.
Customers. Those health care-related facilities located within the CITY that generate
treated and untreated medical waste.
Medical Wastes means medical wastes as that tenn is defined in 30 T.A.C. 330.2(74),
(93), (141), and (141)(C) as it now exists or as is hereafter amended.
Treated or Processed Medical Waste is medical waste that has been treated as provided
in 25 T.A.c. 1.133 and 1.136 as it now exists or as it is hereafter amended.
COMPANY means Stericycle, Inc., a privately held corporation incorporated in the State
of Texas which provides medical waste management services for the healthcare industry as well
as providing destruction services to major pharmaceutical manufacturers and which operates in
the State of Texas as well as other states.
T.A.C means the Texas Administrative Code as it now exists or as it is hereinafter
amended.
Force Majeure means, without limitation, by the following enumeration, acts of God and
the public enemy, the elements, fire, or accidents.
TCEQ means Texas Commission on Environmental Quality.
Page 2
Contract No.
61/4/05
Ordinance No.
2819
II.
GRANT OF NONEXCLUSIVE FRANCHISE
2.1 CITY hereby grants to COMPANY a nonexclusive franchise to operate and establish in
College Station, as constituted as of the effective date of this Franchise, or as may hereafter be
constituted to collect and dispose of treated and untreated medical waste from various health
care-related facilities within the jurisdictional limits of CITY, and COMPANY is hereby
granted passage and right-of-way on, along and across the streets, avenues, rights-of-way, alleys,
and highways within the corporate limits of College Station, for any such service and lawful
purpose as herein mentioned; provided that all such work, activity and undertakings by
COMPANY shall be subject to the tenns and provisions of this Franchise and the continuing
exercise by College Station of its governmental and police powers, and provided further that
nothing herein shall be construed to require or authorize COMPANY to exceed any rights
granted herein or by the TCEQ.
2.2
Nothing in this Franchise shall be construed as granting any exclusive franchise or right.
III.
FRANCHISE AND RENTAL FEES
3.1. For and in consideration of the use of the CITY's rights-of-way, streets, alleys, highways,
avenues and thoroughfares as well as in consideration of the covenants and agreements contained
herein, COMPANY agrees to and shall pay to CITY upon acceptance of this Agreement and
thereafter during the tenn hereof, a sum equivalent to five percent (5%) of COMPANY's
monthly gross delivery and hauling revenues generated from COMPANY's provision of
collection and disposal of treated and untreated medical waste services within the CITY. Said
payment shall be paid quarterly to the CITY's Finance Department and shall be due by the
twentieth of the month following the end of the previous quarter.
3.2 The franchise fee shall be in lieu of any and all other College Station imposed rentals or
compensation or franchise, license, privilege, instrument, occupation, excise or revenue taxes or
fees and all other exaction's or charges (except ad valorem property taxes, special assessments
for local improvements, city sales tax, and such other charges for utility services imposed
unifonnly upon persons, finns or corporations then engaged in business within College Station)
or pennits upon or relating to the business, revenue, franchise, equipment, and other facilities of
COMPANY and all other property of COMPANY and its activities, or any part thereof, in
College Station which relate to the operation of COMPANY's medical waste collection
business.
3.3 Payment after that date shall incur a ten percent (10%) penalty on the outstanding amount
owed under this article, and after written notice by CITY, may constitute a basis for forfeiture or
tennination under this Franchise pursuant to Article VIII herein.
Page 3
Contract No.
6114/05
Ordinance No.
2819
IV.
TERM OF FRANCHISE
4.1 The tenn of this franchise shall be for a period of five (5) years beginning on the 15th day
of October, 2005.
V.
SERVICE TO BE PROVIDED BY COMPANY
5.1 COMPANY shall furnish service consistent with the requirements and intent of this
Franchise, and specified in this ordinance as now or hereafter approved by the Council or other
regulatory authority having jurisdiction, without umeasonable discrimination, to all areas of
College Station.
5.2 COMPANY shall maintain its property and equipment in good order and working
condition, consistent with the needs of the services rendered therefrom and in accordance with 30
T.A.C. 330.1005(g) through (i).
5.3
COMPANY agrees that a standby vehicle shall always be available.
5.4 COMPANY's vehicles shall at all times be clearly marked with COMPANY's name and
TCEQ registration number in letters not less than three (3) inches in height.
5.5 COMPANY's operations shall be conducted in a manner that mInImiZeS nOIse,
disturbance, and commotion.
5.6 COMPANY shall use all proper skill and care, and exercise all due and proper
precautions that meet or exceed industry standards and TCEQ regulatory requirements to prevent
injury to any person or person( s) and damage to any property.
5.7 COMPANY shall register their operations with the TCEQ prior to commencing
operations under this Franchise and shall provide proof of such registration and renewal thereof
annually to CITY.
5.8
AD V ALO REM TAXES
COMPANY agrees to render a list annually of all personal property utilized in its treated and
untreated medical waste operation services to Brazos County Appraisal District so that said
personal property will be subject to ad valorem taxation by the applicable taxing entities.
Page 4
Contract No.
6/14/05
Ordinance No.
2819
5.9
DISPOSAL SITE FOR TREATED MEDICAL WASTE
Unless approved otherwise in writing by CITY, COMPANY shall utilize the BVSWMA landfill
located on Rock Prairie Road, College Station or any other municipal landfill site designated by
CITY for its municipal solid waste disposal for disposal of all treated medical waste collected by
COMPANY from within the corporate limits of the City of College Station. Untreated medical
waste collected by COMPANY within the corporate limits of the City of College Station will be
treated and disposed of at any site of COMPANY's selection, provided however, that any site
used shall be pennitted to accept this classification of waste by the appropriate regulatory
authority.
5.10 CITY shall have access to all books of accounts and records of its business operations
from which Gross Receipts may be detennined.
5.11 COMPANY further agrees CITY may review its books and records, during nonnal
business hours and on a non-disruptive basis, as reasonably necessary to monitor compliance
with the tenns hereof, or as otherwise required by law
(a)
COMPANY shall keep complete and accurate books of accounts and records of
its business and operations from which Gross Receipts may be detennined.
(b)
The following records and reports shall be filed monthly with the City Manager or
his delegate:
1. Reports of all complaints and investigations received from any
customer or regulatory authority and remedial action taken by
COMPANY in response to said complaints.
ii. A listing of all COMPANY's customer accounts and monthly revenue
derived from collections made in the CITY under the tenns of this
Agreement. The reports shall include customer's name, address,
frequency of pick-up, number of containers, pounds of waste collected
by customer separated by treated and untreated, and monthly charges.
5.12
COMPLAINTS
COMPANY shall respond to any customer complaints. Any customer complaints
received by CITY shall be forwarded to COMPANY within twenty-four (24) hours of their
receipt. COMPANY shall notify CITY of action taken within twenty-four (24) hours following
receipt of complaint. Failure to timely respond to Customer complaints by COMPANY may
result in the imposition of a Twenty-five Dollar ($25.00) per incident charge from CITY payable
with the next payment due to CITY under Article III of this Agreement.
Page 5
Contract No.
6114/05
Ordinance No.
2819
5.13 COMPANY agrees to provide free service to CITY during periodic CITY clean-up
campaigns and following natural disasters or Acts of God.
5.14
TERMINATION OF SERVICE
COMPANY must notify CITY in writing oftennination of any customer's service for cause via
registered mail within forty-eight (48) hours of said tennination and the basis therefor.
VI.
TITLE TO WASTE
6.1 Sole and exclusive title to all treated and untreated medical waste collected by
COMPANY under this Agreement shall pass to COMPANY when said waste is placed on
COMPANY's truck.
VII.
RATES, RULES AND REGULATIONS
7.1 The COMPANY shall charge for the aforementioned services according to the rates set
out in the Schedule of Rates attached hereto as Exhibit "A" and incorporated herein by
reference. The Schedule of Rates may be revised periodically and must be submitted to the City
Manager or his delegate upon each revision and will be attached to the original franchise
agreement.
VIII.
FORFEITURE AND TERMINATION OF FRANCHISE
8.1 In addition to all other rights and powers retained by CITY under this Franchise or
otherwise, CITY reserves the right to declare this Franchise forfeited and to tenninate the
Franchise and all rights and privileges of COMPANY hereunder in the event of a material
breach of the tenns, covenants, or conditions herein set forth. A material breach by COMPANY
shall include, but not be limited to, the following:
1.
Failure to pay the fee prescribed by Article III;
2.
Failure to materially provide the services provided for in this Franchise;
3.
Material misrepresentation of fact in the application for or negotiation of this
Franchise;
Page 6
Contract No.
6114/05
Ordinance No.
2819
4.
Conviction of any director, officer, employee, or agent of COMPANY of the
offense of bribery or fraud connected with or resulting from the awarding of this
Franchise;
5.
Material misrepresentations of fact knowingly made to CITY with respect to or
regarding COMPANY's operations, management, revenues, services or reports
required pursuant to this Franchise;
6.
Revocation or denial of registration or renewal of registration by TCEQ;
7.
Excessive interruption in service for a period of seventy-two (72) hours or more
due to causes other than force majeure.
8.2 COMPANY shall not be excused by mere economic hardship nor by misfeasance or
malfeasance of its directors, officers or employees.
8.3 CITY may after a hearing as described herein, revoke and cancel the Franchise by and
between the parties and said Franchise shall be null and void. CITY shall mail notice to
COMPANY, at the address designated herein or at such address as may be designated from time
to time, by registered mail. The notice shall specify the time and place of the hearing and shall
include the allegations being asserted for the revocation of this Agreement. The hearing shall be
conducted in public before the City Council and COMPANY shall be allowed to present
evidence and be given an opportunity to answer all reasons for the tennination set forth in the
notice. In the event that the Council detennines that the allegations set forth are true as set forth
in the notice, it may by majority vote cancel this Agreement between the parties at no penalty to
the CITY.
IX.
RECEIVERSHIP AND BANKRUPTCY
9.1 The Council shall have the right to cancel this Franchise one hundred twenty (120) days
after the appointment of a receiver or trustee to take over and conduct the business of
COMPANY, whether in receivership, reorganization, bankruptcy, other action or proceeding,
whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated
prior to the expiration of said one hundred twenty (120) days, unless:
9.2 Within one hundred twenty (120) days after his election or appointment, such receiver or
trustee shall have fully complied with all the provisions of this franchise and remedied all
defaults thereunder; or
Page 7
Contract No.
6/14/05
Ordinance No.
2819
9.3 Such receiver or trustee, within one hundred twenty (120) 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.
x.
INDEMNIFICATION
10.1 COMPANY shall not dispose of any untreated medical waste, special waste or other
hazardous waste or any waste that the landfill is not permitted to accept by TCEQ.
COMPANY hereby agrees to indemnify, defend and hold CITY harmless for disposal of
any such waste whether intentional or inadvertent.
10.2 COMPANY shall indemnify and hold CITY harmless from any and all injuries to
persons or claims of damage to property caused by COMPANY, its agents, employees, and
representatives.
10.3 COMPANY agrees to and shall indemnify and hold harmless CITY, its officers,
agents and employees, from and against any and all claims, losses, damages, causes of
action, suits, and liability of every kind, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, or for damage to any property, arising
out of or in connection with the services provided or medical waste collected, treated, or
disposed of by COMPANY under this contract, regardless of whether such injuries, death
or damages are caused in whole or in part by the negligence, including but not limited to
the contractual comparative negligence, concurrent negligence or gross negligence, of
CITY.
10.4 COMPANY assumes responsibility and liability and hereby agrees to indemnify the
City of College Station from any liability caused by COMPANY's failure to comply with
applicable federal, state or local laws and regulations, touching upon the maintenance of a
safe and protected working environment, and the safe use and operation of machinery and
equipment in that working environment.
XI.
INSURANCE
11.1 COMPANY shall procure and maintain at its sole cost and expense for the duration of
the Agreement insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the perfonnance of the work hereunder by COMPANY, its
agents, representatives, volunteers, employees or subcontractors.
11.2 COMPANY's insurance coverage shall be primary insurance with respect to the CITY,
its officials, employees and volunteers. Any insurance or self-insurance maintained by the
Page 8
Contract No.
6/14/05
Ordinance No.
?Rlq
CITY, its officials, employees or volunteers shall be considered in excess of the COMPANY's
insurance and shall not contribute to it.
11.3 COMPANY shall include all subcontractors as additional insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
11.4 All Certificates of Insurance and endorsements shall be furnished to the CITY's
Representative at the time of execution of this Agreement, attached hereto as Exhibit B, and
approved by the CITY before work commences.
A.
Standard Insurance Policies Required:
1. Commercial General Liability Policy
2. Automobile Liability Policy
3. Workers' Compensation Policy
4. Pollution Liability Policy
5. Excess Liability Policy
B.
General Requirements Applicable to all Policies:
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 will not be 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
added as "Additional Insured" to all applicable Liability policies. The
coverage shall contain no special limitations on the scope of protection
afforded to the CITY, its officials, employees or volunteers.
Commercial General Liability
C.
1. General Liability insurance shall be written by a carrier with a B+: VII or better
rating in accordance with the current Best Key Rating Guide.
2. Minimum Limit of$l,OOO,OOO.OO per and $2,000,000.00 annual aggregate.
Page 9
Contract No.
6/14/05
Ordinance No.
Contract No.
6/14/05
D.
E.
F.
2819
3. Coverage shall be at least as broad as Insurance Service's Office Number CG
0001.
4. No coverage shall be deleted 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; independent contracts; products/completed operations;
contractual liability (insuring the indemnity provided herein); and where
exposures exist, "Explosion, Collapse, and Underground" coverage.
Automobile Liability
1. Business 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.
2. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily
injury and property damage. \
3. The Business Auto Policy must show Symbol 1 in the Covered Autos portion
of the liability section in Item 2 of the declarations page.
4. The coverage shall include owned or leased autos, non-owned autos, and hired
cars.
5. COMP ANY is responsible for any liability and/or costs that exceed the dollar
limits set forth in this section.
Workers' Compensation
1. Employer's Liability limits of $500,000/$500,000/$500,000 are required.
2. City of College Station shall be named as Alternate Employer on endorsement
WC 99 03 OI unless written through TWCARP.
3. Texas Waiver of Our Right to Recover from Others Endorsement, WC 42 03
04 shall be included in this policy.
4. 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 ofNV, ND, OH, WA, WV, WY.
Pollution Liability
1. Minimum acceptable limit $2,000,000 aggregate and $1,000,000 per
occurrence.
2. Pollution coverage endorsement CG 04 22 required.
Page 10
Ordinance No.
2819
G.
Excess Liability
1. Minimum acceptable limit $2,000,000 aggregate and $1,000,000 per
occurrence.
H.
Certificates of Insurance
Certificates of Insurance shall be prepared and executed by the insurance
company or it's authorized agent, and shall contain the following provisions and
warranties:
1. The company is licensed and admitted to do business in the State of Texas.
2. The insurance policies provided by the insurance company are underwritten on
fonns 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 fonn of the notice of cancellation, tennination, or change in coverage
provisions to the City of College Station.
5. Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
11.5 The coverage requirements set forth in this Article are in addition to those required under
30 TA.C. 330.1005(j). COMPANY shall provide proof that it has met the requirements of 30
T.A.C. 330.1O05(j) to CITY upon the execution of this Franchise by COMPANY.
11.6 COMPANY shall notify CITY by certified mail of the commencement of voluntary
proceedings under Title 11 (Bankruptcy), United States Code, naming the COMPANY as
debtor, within ten (10) business days after the commencement of the proceeding.
11.7 If COMPANY is deemed to be without financial assurance pursuant to 30 T.A.c.
330.1005(j), COMPANY's operations shall be suspended until COMPANY establishes other
acceptable financial assurance with the TCEQ and provides proof of same to CITY.
XII.
GOVERNING LAW; LIMITATIONS; COMPLIANCE
12.1 This ordinance shall be construed in accordance with the CITY's Charter and Code in
effect on the Effective Date of this ordinance to the extent that such Charter and Code are not in
conflict with or in violation of the constitution and laws of the United States or the State of
Texas.
12.2
This ordinance shall be governed in accordance with the laws of the State of Texas.
Page 11
Contract No.
6/14/05
Ordinance No.
2819
12.3 Notwithstanding any other provIsIOn in this franchise to the contrary, CITY and
COMPANY shall at all times comply with all laws, rules and regulations of the state and federal
government and any administrative agencies thereof, with respect to the subject matter of this
ordinance.
XVIII.
ASSIGNMENT
13.1 This Agreement and the rights and obligations contained herein may not be assigned by
COMPANY without the specific prior written approval of the City Council.
XIV.
NOTICES
14.1 All notices required under the tenns of this Contract to be given by either party to the
other shall be in writing, and unless otherwise specified in writing shall be sent to the parties at
the addresses following:
CITY:
Tom Brymer, City Manager
City of College Station
P.O. Box 9960
College Station, Texas 77842
COMPANY:
David Farrar
Stericycle, Inc.
8950 Comoe Park North Drive
Comoe, Texas 77303
14.2 All notices shall be deemed to have been properly served only if sent by Registered or
Certified Mail, to the person(s) at the address designated as above provided, or to any other
person at the address which either party may hereinafter designate by written notice to the other
party.
XV.
AMENDMENTS
15.1 It is understood and agreed by the parties to this Franchise that no alternation or variation
to the tenns of this Franchise shall be effective unless made in writing, approved by both parties,
and attached to this Agreement to become a part hereof.
Page 12
Contract No.
6/14/05
Ordinance No.
2819
XVI.
SEVERABILITY
16.1 If any section, sentence, clause or paragraph of this Ordinance is for any reason held to be
invalid or illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect
the remaining portions of the Ordinance other than the part or parts held invalid or
unconstitutional.
XVII.
AUTHORIZATION TO EXECUTE
17.1 The parties signing the Franchise shall provide adequate proof of their authority to
execute this Agreement. The Franchise shall inure to the benefit of and be binding upon the
parties hereto and their respective successors or assigns, but shall not be assignable by either
party without the written consent of the other party.
XVIII.
ACCEPTANCE OF FRANCHISE BY COMPANY
18.1 In accordance with CITY OF COLLEGE STATION CITY CHARTER, SECTION 103, this
Ordinance shall be effective sixty (60) days after its adoption. COMPANY shall file its written
acceptance of the tenns and conditions of the Ordinance with the City Secretary within thirty (30)
days from the final adoption of this Ordinance. Such acceptance shall be typed or printed on the
letterhead of COMPANY and, with the blank spaces appropriately completed, shall be as
follows:
Attn: City Manager
Stericyc1e, Inc. acting by and through the undersigned who is
acting within his/her official capacity and authority, hereby accepts the franchise to
operate a medical waste collection service within the City of College Station, Texas
("College Station") as said franchise is set forth and provided in Ordinance No.
(the "Ordinance"). Stericyc1e, Inc. 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.
Stericyc1e, Inc.
By:
Name:
Title:
Page 13
Contract No.
61/4/05
Ordinance No.
2819
XIX.
PUBLIC HEARING
19.1 It is hereby found and detennined that the meetings at which this ordinance was passed
were open to the pubic, as required by TEXAS GOVERNMENT CODE § 551 (Vernon 1994, Vernon
Supp. 2003), as amended, and that advance public notice of time, place, and purpose of said
meetings was given.
PASSED, ADOPTED and APPROVED by a majority vote of the City Council of the City of
College Station on this the 8th day of August ,2005.
STERICYCLE, INC.
CITY OF COLLEGE STATION
BY: ()CA.-J 7~
Title ,*c. 1/'7 tY"'1/V4S#
Date: & I h ,0 \"
BY: ~Á ~~
~rA! Mayor
Date: ~ 1,5-- ðs.-
~.~
CONNIE J:!°OKS, City Secretary
Date: ~ -Ii -~
APPROV AL:
~~
Page 14
Contract No. 05 -c17t.[~
6/14/05
Ordinance No.
2819
First Consideration and Approval:
Second Consideration and Approval:
Third Consideration and Approval:
Contract No.
6/14/05
July 14. 2005
July 28.2005
August 8,2005
Page 15
Ordinance No.
Contract No.
6114/05
2819
Exhibit "A"
SCHEDULE OF RATES
Page 16
ORDINANCE NO. 2819
EXHIBIT A
Rate Structure
There will be a minimum pickup fee of$62.50
All other pricing will be determined by variables including:
Weight of waste
Type of waste
Number of containers
Disposable VS. reusable containers
Frequency of service
Type of customer
Length of contract
Compliance services needed
ORDINANCE ,-
2819
Exhibit A
Rate Structure
Stop Fee
$62.50
Autoclave/Pound
0.18
(steam sterilization)
Incinerate/Pound
0.36
(path&chemo waste)
Box usage
1.05 per box
Reusable Containers
0 no charge
Training
Stericycle customers, no charge for an inservice. Non Stericycle customers $110.00 per hour
Stop fee is automatic.
State regs determine a generators usage of either autoclave or incinerate. Customer must segregate.
Ordinance No.
Contract No.
6/14/05
2819
Exhibit "B"
CERTIFICATES OF INSURANCE
Page 17
MARSH
CERTIFICATE OF INSURANCE
CERTIFICATE NUMBER
CHI-000961223-09
PRODUCER
MARSH USA INC.
500 WEST MONROE STREET
CHICAGO, IL 60661
Attn: Ph: 312 627 6994; Fax: 3126276573
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
ß50208--wPOLL-04-05 WASH
f------ ---------- _.-- --
INSURED
__n __COMPANIE!òAFFORQING COVERAGE
COMPANY
A AMERICAN INTL SPECIALTY LINES INS. COMPANY
-------------- - -----~.
COMPANY
B ZURICH AMERICAN INSURANCE COMPANY
---_.-----
STERICYCLE, INC.
ATTN: LIZ BRANDEL
28161 N. KEITH DRIVE
LAKE FOREST, IL 60045
- ___un~_'
----
------ ------- ---
-
____n_--"---
--.-
---
-
COMPANY
C INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
---
COMPANY
D
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
-- ------.------
é~ TYPE OF INSURANCE POLICY NUMBER
A 1 GENERAL LIABILITY
Ixl COMMERCIAL GENERAL LIABILITY
rn CLAIMS MADE Œl OCCUR
~ J OWNER'S & CONTRACTOR'S PROT ¡
! --.;------ - -!
.- --l;'~ICY;F~EC;;-~E-
OATE (MM/OD/YY)
111108104
EG 3779036
B I AUTOMOBILE LIABILITY
B [81 ANY AUTO
B fl~ ALL OWNED AUTOS
C [- SCHEDULED AUTOS
HIRED AUTOS
~ i NON-OWNED AUTOS
i)(~~H;:~~~~~t~:ÖG~__n
I GARAGE LIABILITY
TRK 9377341-01 (AOS)
TRK 9377342-01 (VA)
TRK 9377343-01 (TX)
4604-1561
1
11108104
11108104
11108104
11108104
i
ANY AUTO
I-: - ---- -----
BE 7411039
A 1- EXCESS LIABILITY
I -Xl UMBRELLA FORM
: --1 OTHER THAN UMBRELLA FORM
B ! WORKERS COMPENSATION AND WC 9377344-01 (AOS)
EMPLOYERS' LIABILITY
B WC 9377345-01 (WI)
THE PROPRIETOR/ ~-l
PARTNERS/EXECUTIVE _u INCL ,
OFFICERS ARE EXCL'
OTHER
A POLLUTION LEGAL IPLC 377 70 82
LIABILITY ¡
11108104
1
! 11108104
¡ 11108104
I
11108102
P~~:(~~~~~~~r----' --~MITS -----
11108105 I GENERALAGGREGATE~ 2,000,000
~DUCTS - COM PlOP AGG ! $ 2,000,000
! :~::OONC~~~::~~~J~RY --tf--.~ :~~~:~~~
~;E- DAMAGE (Anyone ~-------:¡oo~6oó
- _u---
MED EXP (Anv one person) $ 10,000
COMBINED SINGLE LIMIT I $ 5,000,000
~;~; - -- J:---=
! PROPERTY DAMAGE : $
I AUTO ONLY - EA ACCIDENT $
I_CJ1".I"Ef<.ll::IAN AUTO O,NL Y
,__- EACH ACCIDEN1_l$
i AGGREGATE I $
EACH OCCURRENCE $
----------
AGGREGATE $
---.- _u-
SIR: $
I X I -I/;.WC STATU- I IOTH-
~l_:rO.B.y"LlMITS ER-
~I\CC EJ~-- $
EL DISEASE-POLICY LIMIT $
__un'
EL DISEASE-EACH EMPLOYEE $
11108105
11108105
11108105
11108105
11108105
¡
I
I
! 11108105
111108105
i
11108105
I EACH OCCURRENCE
¡AGGREGATE
I
1
---------
-------
------ ---
5,000,000
5,000,000
._u------
10,000
--.
1,000,000
1,000,000
1,000,000
5,000,000
10,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS
CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY. WORKERS'
COMPENSATION POLICY INCLUDES A WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER, TO THE EXTENT SUCH STATUS IS
REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH NAMED INSURED.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCF.LLED BEFORE THE EXPIRATION DATE THEREOF
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR T,- MAIL -----3.0. DAYS WRITTEN NOTICE TO THE
CITY OF COLLEGE STATION
P.O. BOX 9960
COLLEGE STATION, TX 77842
CERTIFICATE HOLDER NAMED HEREIN. BUT FA".URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE ITS AGENTS OR REPRESENTATIVES OR THE
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
BY: Christy N. Miller
MM1 (3/02)
ab. if Ir '-'l ~
VALID AS OF: 04/19105
~
..
...
ENDORSEMENT FOR
MOTOR CARRIER POLICIES OF INSURANOE FOR PUBLIC LIABILITY
UNDI;R SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980
Form Approved
. OMB No. 212!HJO74
Issued to Stericvcle. Inc.
of 28161 North Keith Drivè. Lake Forest.IL 60045
, I
Dated at 550 West Washinaton Blvd.. Chlcaao. IL 60661 thisl£day of November
,2004
Amending Policy No. TRK 9377343-01
Effective Date 11/08/04
Name of Insurance Company ZURICH AMERICAN INSURANCE COMPANY
Telephone Number (312 ) 496-2400 . Countersigned by
d 0 yR f
The policy to which this endorsement Is attached provides primary or excess insurance, as Indicated by .~', for the limits shown:
~ This insurance is primary and the company shall not be liable for amounts in excess of $3.000.000 for each accident.
0 This insurance is excess and the company shall not bl! liable for amounts in excess of $ . for each accident
in excess of the underlying limit of $ for each accident.
Whenever required by the Federal Highway Administration (FHW A) or the Interstate Commerce Commission (ICC), the company
agrees to furnish the FHWA or the ICC a duplicate of said polley and all Its endorsements. The company also agrees, upon telephone
request by an authorized representative of the FHW A or the ICC, to verify that the policy is in force as of a particular date.
Cancellation of this endorsement may be effected by the company or the Insured by giving ,(1) :.i1irty-five (35) days notice In writing to
the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice),
and (2) if the insured is subject to the ICC's jurisdiction, by providing thirty (30) days notice to the ICC (said 30 days notice to
commence from the date the notice is received by the ICC at its office in Washington, D.C.).
DEFINITIONS AS USED IN THIS ENDORSEMENT
ACCIDENT includes continuous or repeated exposure to loss, damage, or destruction of natural resources arising out of
conditions which results in bodily injury, property damage, or the accidental discharge, dispersal, release or escape Into or
environmental damage which the insured neither expected nor upon the land. atmosphere, watercourse, or body of water, of any
intended. commodity transported by a motor carrier. This shall Include the
MOTOR VEHICLE means a land vehicle, machine, truck, tractor, c~s~ ~f removal. !3nd the cost of necessary measures taken to
trailer, or semitrailer propelled or drawn by mechanical power and mln!mlze or mitigate damage ~o .human health, the natural
used on a highway for transporting property, or any combination enVIronment, fish, shellfish, and WIldlife.
thereof. PROPERTY DAMAGE means damage to or loss of use of
BODILY INJURY means injury to the body, sickness, or disease tangible property.
to any person, including death resulting from any of these. PUBLIC LIABILITY means liability for bodily injury, property
ENVIRONMENTAL RESTORATION means restitutiol'Ì for the damage, and environmental restoration.
The insurance policy to which this endorsement is attached endorsement thereon, or violation thereof, shall relieve the
provides automobile liability insurance and is amended to assure company from liability or from the payment of any final judgment,
compliance by the insured, within the limits stated herein, as a within the limits of liability herein described, Irrespective of the
motor carrier of property, with Sections 29 and 30 of the Motor financial condition, insolvency or bankruptcy of the Insured.
Carrier Act of 1980 and the rules and regulations of the Federal However, all terms, conditions and limitations in the policy to
Highway Administration (FHWA) and the Interstate Commerce which the endorsement is attached shall remain In full force and
Commission (ICC). effect as binding between the insured and the company. The
., . . . . .. insured agrees to reimburse the company for any payment made
In conslderatl~n of the premlu~ stated In the polley to which this by the company on account of f..,'y accident, claim, or suit
endors~m~nt IS a~?hed. t~e ~~surer (t~e compa~y) agrees to involving a breach of the terms of the policy, and for any payment
pay, within the limits of. liability ~escnbed here!n,. an~ fi.~al that the company would nt'~ have been obligated to make under
Judg~ent recover~d ag~lnst the In.sured for public liability the provisions of the policy except for the agreement contained in
resulting from negligence In the operation, maintenance or use of this endorsement
motor vehicles subject to the financial responsIbility requirements.' .
of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless It IS further understood .and agreed that, upon failure. of the
of whether or not each motor vehicle is specifically described in compa~y to pay any fin~1 judgment re~overed against the Insu~ed
the policy and whether or not such negligence occurs on any . ~s proVided herein, the judg~e~t ~r~dltor m~y maintain an action
route or in any territory authorized to be served by the insured or In any court of competent junsdlctlOn against the company to
~Isewhere. Such insurance as is afforded, for public liability, does compel such payment.
!'lOt apply to injury to or death of the insured's employees while The limits of the company's liability for the amounts prescribed in
engaged in the course of their employment, or property this endorsement apply separately, to each accident, and any
transported by the insured, designated as cargo. It is understood payment under the policy because of anyone accident shall not
and agreed that no condition, provision, stipulation, or limitation operate to reduce the liability of the company for the payment of
contained in the policy, this endorsement, or any other. final judgments resulting from any other accident.
The Motor Carrier Act of 1980 requires limits of financial responsibility according to the type of carriage and commodity transported by
the motor carrier. It is the MOTOR CARRIER'S obligation to obtain the required limits of financial responsibility.
THE SCHEDULE OF LIMITS SHOWN ON THE NEXT PAGE DOES NOT PROVIDE COVERAGE.
The limits shown in the schedule are for information purposes only.
Form MCS.9O
(Over)
UNIFORM INFORMATION SERVICES, INC. MC 1622k (10-99)
~ ~
'","-
SCHEDULE OF LIMITS
Public liability
Type of Carriage
Commodity Transported
Minimum
Insurance
$
750,000
(1) For.hire (In interstate or foreign
commerce).
(2) For-hire and Private (In interstate,
foreign, or intrastate commerce).
(3) For-hire and Pñvate (In interstate
or foreign commerce: in any
quantity) or (In intrastate com-
merce: in bulk only).
(4) For-hire and Pñvate (In interstate
or foreign commerce).
Property (nonhazardous).
Hazardous substances, as defined in 49 CFR 171.8,
transported in cargo tanks, portable tanks, or ho;>per-
type vehicles with capacities in excess of 3,500 water
gallons; or in bulk Divisions 1.1, 1.2, and 1.3 materials;
any quantity of Division 2.3 Hazard Zone A or Division
6.1, Packing Group 1, Hazard Zone A material; in bulk
Division 2.1 or 2.2; or highway route controlled quantities
of a Class 7 material as defined in 49 CFR 173.403.
Oil listed in 49 CFR 172.101, hazardous materials and
hazardous substances defined in 49 CFR 171.8 and
listed in 49 CFR 172.101, but not mentioned in (2) above
or (4) below.
Any quantity of Division 1.1, 1.2 or 1.3 material; any
quantity of a Division 2.3, Hazard Zone A, or Division 6.1,
Packing Group 1, Hazard Zone A material; or highway
route controlled quantities of Class 7 material as defined
In 49 CFR 173.403.
5,000,000
1,000,000
5,000,000
Note: The type of carriage listed under (1), (2), and (3) applies to vehicles with a gross vehicle weight rating of 10,000
pounds or more. The type of carriage listed under number (4) applies to all vehicles with a gross vehicle weight rating of
less than 10,000 pounds. ,.
SCHEDULE OF LIMITS.
Public LIability
For-hire motor carriers of passengers operating ¡nlnterstate or foreign commerce
Vehicle Seating Capacity
(1) Any vehicle with a seating capacity of 16 passengers or more.
(2) Any vehicle with a seating capacity of 15 passengers or less.
Minimum
Insurance
$
5,000,000
1,500,000
MC 1622k (10-99) UNIFORM INFORMATION SERVICES,INC.
Form MCS.90
Kathleen Hartnett White, Chairman
R. B. "Ralph" Marquez, Commissioner
Larry R. Soward, Commissioner
Glenn Shankle, Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas ~u~èd~tfn~ß5%Prevel1ting PollYfio/lJ.. ,
,
Mr. David Farrar
Stericycle, Inc.
8950 Conroe Park North Dr.
Conroe, TX 77303-2132
Subject:
Medical Waste Transporter Registration - Bexar, Cameron, Dallas and Montgomery Counties
Stericycle, Inc.
TCEQ Registration No: MSW - 50002 Expiration Date: 07/18/2006
Dear Mr. Farrar.
We have received your completed REGISTRATION FORM FOR TRANSPORTERS OF MEDICAL WASTE for the renewal of the
above-referenced registration. A copy of this registration renewal confirmation letter and enclosed application must
be retained at your designated place of business and in each vehicle used to transport untreated special waste from
health care related facilities. This number is to be used on the Regulated Medical Waste Manifest, on trucks and
trailers used for the collection and transportation of untreated medical waste, and when contacting the TCEQ,
Acceptance of this registration renewal constitutes an acknowledgment that you will comply with Title 30 Texas
Administrative Code Chapter 330, Subchapter Y, and with the pertinent laws of the State of Texas. This registration
renewal does not indicate that your operation is in full compliance with TCEQ rules and regulations. The operation
and management methods of your busin'ess are subject to TCEQ inspection and review at all times. Failure to comply
with all state and federal rules and regulations regarding the transportatioIJ.9tLJQ eat~(:tmê.9ic::.al»,ë¡I~t~mi:l,YJe?u,I~,in
l:!oJorcem~nt~çti9n r~Y9çClti9D.9fY9Y[trClI)?P.9.r1E!CrE!gj?tration or both. 0' ,'regl' '"ÞÐ!røOewalappJjÇà1ibh';,Î$tèfbe
=~L:,~~~,B~~1l~ç¡. °o~~r&J[~~~~1;~~~j:~~[I~t~~~[~~:~[t~~.,,' 0 ' ""~~~Á~~rjgj:~rí$P9~ë!~qD
Each of the following changes requires a written notification to the TCEQ within 15 days:
the amount of untreated special waste from health care related facilities or total
operation is expanded by 50% over that originally registered;
the office or place of business is moved, or the mailing address is changed;
the name of registrant or owner of the operation is changed;
the name of the partners, corporate directors, or corporate officers change; or,
additional drivers are employed. (The notification for additional drivers may be done
at six-month intervals.)
If you have any questions, please contact the Municipal Solid Waste (MSW) Registration Team at (512) 239-6001, select
Option 2.
1.
2.
3.
4.
5.
Sincerely,
..", . '?
./ I' //: .
(:. /z il'-(>' ~fl'1~¿'¡'¿ ~¿ /V
Carol Gensweider
Registration and Reporting Section
Registration, Review, and Reporting Division
Enclosures
cc:
Waste Section, TCEQ Region 04 Office, Arlington
Waste Section, TCEQ Region 13 Office, San Antonio
Waste Section, TCEQ Region 12 Office, Houston
Waste Section, TCEQ Region 15 Office, Harlingen
P.O. Box 13087 . Austin, Texas 78711-3087
.
512/239-1000 .
Internet address: www.tceq.state.tx.us
prinlcd ,," rc(\,(kJ P"i'cf' lI,in" ""'.h'l,,,d ¡"I,
::" -- TEXAS
-- 5 NATURAL
- "'= RESOURCE
~ CONSERVATION
--= COMMISSION
Municipal Solid Waste Division - Permits Section
P.O. Box 13088
Austin, TX 78711-3088
REGISTRATION FORM FOR
TRANSPORTERS OF MEDICAL WASTE
,....~~:':~ ,.
This form is to be used by persons engaged in collecting and transporting medical waste, who are required to register with the Texas
Natural Resource Conservation Commission in accordance with 30 TAC 330.1005(b) (relating to TransportFJrs of Medical Waste).
Registration no. f1 S CO \<)00 0 1. 0 Original ~ Renewal
A. Name of Registrant: .\/£ f? I cy cf.;'
RC¡SlJ Cnt1JfJ-OC P/}Il!e IV.
STREET ADDRESS
éoll)~()c..
CITY
.J) f)l) i I) FA 1tI,¿ f~ It
RESPONSIBLE PERSON
I'Ve
DI2.IUr;
ï E. x A:5 71.10 '5
STATE
ZIP
~ q S 0 ('.,0 IV .1 i) e. P /+r7> k IV.
MAILING ADDRESS
Co/'Jþ,oe TFXA\ 'llJO,,?
CITY STATE
'13,{; - 'i'fI-i?9.ÇO
TELEPHONE NUMBER
D/LJ~'e.
ZIP
B. Name of Owner: ~<;TEtR IcycJe. 1 T IV L
PC¡,ç/) C"II)/). 01" Pltr?/C f\J ß~lue
STREETADORESS
G /')11)tloe 'rk.'Á/1 ,ç 77 Jo:J
CITY ' STATE
;?c¡,~-o ('i'¡IMO{~ hMk /I). ú/UU('
MAILING ADDRESS
ZIP
(I,()¡v [(Oe. . T~x.AS
CITY .
c¡ "]t..- '1'11- 8'9 çf)
TELEPHONE NUMBER
7770 ,}
STATE
ZIP
D A \) I 0 F~ /1.,/1, c:i IU
RESPONSIBLE PERSON
C. Name, address, and telephone number of Partners, Corporate Officers and Directors, if any: Attach a list.
D. Medical waste transportation fee calculation chart for: ::10 Os- )00 It, (year)
ANNUAL WEIGHT TRANSPORTED FEE RATE
(Check appropriate box)
[J 0 - 1,000 Ibs.
0 1,001-10,000
[J 10,001 - 50.000
þO Over 50,000
Fee due: $ SO O. GO
$100
$250
$400
$500
Amount paid $,j- DO" 0 0
LEAVE BLANK FOR
TNRCC USE
D
E. Provide evidence of financial responsibility in accordance with 30 TAC 330.10050):
Received
'JUN 06 2005\
Reglsuation and Reporting Section
TNRCC-0426 (06-01-95) Page 1 or 2
4 5>-oð ,,-Co
-- "
( -t-rJ CA~A;CJ_o9'" )
~.
/
I' 1/-1-1'1 " ccß
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(p ~ /{))
Stericycle
(C",/(~r? C-" [~I..\\ n~WI
l C' \. \VI I <=;11 \ I
0 ' -- AUG 3 0 2005' I ~ I
L-. _Jl:j
CITYt~'.',Au~r.,"Gf¡::CE
CITY OF COLLEGe: STATiON
Sent Certified Mail No. 7004 1350000329749400
August 29, 2005
City of College Station
P.O. Box 9960
1101 Texas Avenue
College Station, Texas 77842
Attn: Glenn Brown, City Manager
RE:
Stericycle, Inc. Medical Waste Franchise Agreement
Dear Mr. Brown:
Stericycle, Inc. acting by and through the undersigned, Steve Bryant, who is acting within his official
capacity and authority, hereby accepts the franchise to operate a medical waste collection service
within the City of College Station, Texas ("College Station") as said franchise is set forth and
provided in Ordinance No. 2819 (the "Ordinance"). Stericycle, Inc. 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.
Stericycle, Inc.
~~~c:;;e::-ßr;/~
Title: District Manager
Cffpq; (fJ Jh CaiM I PtLb II è /;JIJf/{J
þm FiL'U uiJ ú