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HomeMy WebLinkAbout2004-2731 - Ordinance - 07/08/2004ORmNAr CE NO. 7 $ / AN ORDINANCE GRANTING AMERICAN MEDICAL WASTE MANAGEMENT, INC., ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC WAYS WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTION AND DISPOSAL OF TREATED AND UNTREATED MEDICAL WASTE FROM VARIOUS HEALTH CARE-RELATED FACILITIES WITHIN THE CITY LIMITS: PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS IJNDER 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 fi-om w.thin the corporate hmlts of the City of College Station, and WHEREAS, the City of College Station may, pursuant to Article Xl of its Charter, grant franchises to other ent~tles for the use of pubhe streets, alleys and thoroughfares within the corporate hrmts of CITY and for the eollectmn and d~sposal of treated and untreated medmal wastes generated from wRhm the corporate limits of the City of College Station, and WHEREAS, American Medical Waste Management, Inc. is engaged in the business of collection and disposal of treated and untreated medical waste fi-om health care-related facilities and ~s requesting a franchise to operate its business within the City limits of the City of College Statmn; and WHEREAS, the City of College Station (hereinafter referred to as "CITY"), beheves it is in the best ~nterest of College Station to offer Amerlenn Medleal Waste Management, Inc. a franchise on such terms and eondiuons as will provide College Station with control and optxons necessary to provide for the public good: now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: DEFINITIONS 1.1 For the purposes of this Ordinance, when not inconsistent with the context, words, used in the present tense include the future tense, words m the plural include the smgalar, 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" ts penmss~ve. Words not defined in thru Ordinance shall be given their common and ordinary meaning. Contract No Page I Ordinance No. 1.2 For the purposes of this Ordinance, the following words, terms, plu'ases 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 l! may be amended CITY means the City of College Station, a home role municipal corporation in the State of Texas ' CiO' Council or "Council" means the governing body of the City of College Station Cio, Manager means the City official appointed by the City Council who is responsible for the daily operation of the City of College Station. Bra~os Valle), Solid ~t'aste Management Agency or BVSWM~4 means a penmtted municipal sohd waste facility jointly owned by the Cities of Bryan and College Statton and operated by the City of College Station on behalf of the cities as authorized by an interlocal agreement Customers Those health care-related factlmas located within the CITY that generate treated and untreated medical waste. Medical Wastes means medical wastes as that term is defined in 30 T A.C. 330.2(74). (93), ( 141 ), and (! 41 )(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 I i 36 as it now exists or as it is hereafter amended COMPANY means American Medical Waste Management, Inc, a privately held corporation incorporated in the State of Texas which provides medical waste management services for the healthcare induslry 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 Admimstrative Code as it now exists or as it is hereinat~er amended. Force Majeure means, without limitation, by the following enumeration, acts of God and the public enemy, the elements, fire, or accidents. TCEQ means T~xas Commission on Environmental Quahty. Contract No Page 2 O~manceNo II. GRANT OF NONEXCLUSIVE FRANCHISE 2.1 CITY hereby grants to COMPANY a nonexclusive franchise to operate and establish m 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 junsdmtlonal limits o£ 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~servme and lawful purpose as herein mentioned; provided that all such work, activity and undertakings by COMPANY shall be subject to the terms and provisions of this Franchise and the continuing exercise by College Station of its governmental and police powers, and provided further that nothing herein shall be construed to reqmre 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. IlL FRANCHISE AND RENTAL FEES 3.1. For and in consideration ofthe use ofthe CITY's rights-of-way, streets, alleys, highways, avenues and thoroughfares as well as in consideraUon of the covenants and agreements contained herein, COMPANY agrees to and shall pay to CITY upon acceptance of this Agreement and thereafter durmg the term hereof, a sum equivalent to five percent (5%) of COMPANY's monthly gross delivery and hauhng 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 ofthe month following the end of the previous quarter. 3.2 The francluse 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, specml assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within College Station) or permits upon or relating to the business, revenue, franchise, equipment, and other facilities of COMPANY and all other property of COMPANY and its activities, or any part thereof, in College Station which relate to the operation of COMPANY's medical waste collection business 3.3 Payment after that date shall incur a ten percent (10%) penalty on the outstanding amount owed under this article, and after written notice by CITY, may constitute a basis for forfeiture or termination under this Franchise and CITY pursuant to Article 8 herein. Page 3 Contracl No 2?,04 Ordlnnllce No IV. TERM OF FRANCHISE 4.1 The term of this franchise shall be for a period of five (5) years beginning on the 6th day of September, 2004. SERVICE TO BE PROVIDED BY COMPANY 5.1 COMPANY shall furnish service consistent with the requirements and intent of this Franchise, and specified in this ordinance as now or hereafter approved by the Council or other regulatory authority having jurisdiction, without unreasonable discrimination, to all areas of College Station. 5.2 COMPANY shall maintain its property and equipment m good order and working condmon, conmstent with the needs of the services rendered therefrom and m accordance with 30 T A C. 330.1005(g) through 8.3 COMPANY agrees that a standby vehicle shall always be avatlable. 5.4 COMPANY's vehicles shall at all times be clearly marked with COMPANY's name and TCEQ regisl~'ation number in letters not less than three (3) inches in height. $.$ COMPANY's operaUons shall be conducted in a manner that minimizes noise, dmturbance, and commotion. 5.6 COMPANY shall use all proper skill and care, and exemise 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. S.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 VALOREM TAXES COMPANY agrees 1o render a list annually o£ all personal property utilized in its treated and untreated medical waste operation services to Brazes County Appraisal District so that said personal property will be subject to ad valorem taxation by the apphcable taxing entities. Contract No. Page 4 O~&nance No 5.9 DISPOSAL SITE FOR TREATED MEDICAL WASTE Unless approved otherwise mwnttng by CITY, COMPANY shall utdize the BVSWMA landfill located on Rock Prame Road, College Station or any other municipal landfill s~te designated by CITY for its mt,mclpal solid waste dtsposal for disposal of all treated medical waste collected by COMPANY from within the corporate limits ofthe City of College Station. Untreated medical waste collected by COMPANY within the corporate hmits of the C~ty of College Station wdl be treated and disposed of at any site of COMPANY's select,on, provided however, that any site used shall be penmtted to accept this classification of waste by the apl~ropnate regulatory anthority. 5.10 CITY shall have access to all books of accounts and records of its business operations from which Gross Receipts may be determined. 5.11 COMPANY further agrees CITY may review its books and records, dunng normal business hours and on a non-&sruptlve basis, as reasonably necessary to monitor comphance w,th the terms hereof, or as otherwise required by law la) COMPANY shall keep complete and accurate books of accounts and records of its business and operations from which Gross Receipts may be determined (b) The following records and reports shall be filed monthly with the City Manager or his delegate. Reports of all complaints and ,nvestigations received from any customer or regulatory authority and remedial action taken by COMPANY in response to said complaints. ii. A listing of ali COMPANY's customer accounts and monthly revenue derived from collections made in the CITY under the tutors 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 complmnts 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 complarat. Failure to timely respond to Customer complaints by COMPANY may result in the imposition ora Twenty-five Dollar ($25 00) per incident charge from CITY payable with the next payment due to CITY under Article Ill ofthis Agreement. Page 5 Contract No. O~dmance No. 5.13 COMPANY agrees to prowde free service to CITY during penodtc CITY clean-up campmgns and following natural d~sasters or Acts of God 5.14 TERMINATION OF SERVICE COMPANY must notify CITY ~n writing of term~natwn of any customer's service for cause vta registered mall wflhm forty-etght {48} hours of said termtnation and the basts 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 smd waste Is placed on COMPANY's truck. VII. RATES, RULES AND REGULATIONS 7.1 The COMPANY shall charge for the aforementioned services acenrdlng 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 submRted to the City Manager or hm delegate upon each revlslon 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 retatned 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 pnwleges of COMPANY hereunder in the event of a material breach of the terms, covenants, or conditions hep:in set forth. A material breach by COMPANY shall include, but not be iimtted to, the following: 1. Failure to pay the fee prescnbed by Arttcle ITl; 2. Fmlure 1o materially provide the services provided for in tins Franchise; o Material misrepresentation of fact in the apphcatlon for or negotiaUon of this Francinse; Contract No Page 6 Ordinance No. Conviction of any director, officer, employee, or agent of COMPANY o£ the offense of bribery or fraud connected with or resulting from the awarding of this Franchise, 5 Material mmrepresentations 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 I~y TCEQ: = Excessive ~nterrupt~on in service for a penod 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 mai feasance of its directors, officers or employees. 8.3 CITY may aRcr a heanng as described herein, revoke and cancel the Franchise by and between the parties and said Francluse shall be null and void. CITY shall marl notice to COMPANY, at the address designated herein or at such address as may be designated fi'om time to time, by registered mall The notice shall specify the t~me and place of the hearing and shall include the allegations being asserted for the revocation of this Agreement. The heanng shall be conducted in public before the Gtty Council and COMPANY shall be allowed to present evidence and be given an opportunity to answer all reasons for the termination set forth m the notice. In the event that the Council determines that the allegations set forth are true as set forth in the notice, it may by majority vote cancel this Agreement between the parties at no penalty to the CITY. IX. RECEIVERSHIP AND BANKRUPTCY 9.1 The Council shall have the right to cancel this Franchise one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of COMPANY, whether in receivership, reorgamzatlon, bankruptcy, other action or proceedmg, 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 Contract No. 5 Q 7/04 Page 7 Ordinance No 9.3 Such receiver or trustee, within one hundred twenty (120) days, shall have executed an agreement, duly approved by the court having juns&ctlon, whereby the receiver or trustee assumes and agrees to be bound by each and every provision ofth~s Franchise Xe 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 ~ceept 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 uny 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 responsibmty 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. INSURANCE !1.1 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 m-ise from or in connection with the performance of the work hereunder by COMPANY, its agents, representatives, volunteers, employees or subcontractors. 11.2 COMPANY's insurance coverage shall be primary insurance with respect to the CITY. its officials, employees and volunteers Any insurance or self-insurance maintained by the Contract No. Page 8 Ordinance No CITY, ,ts offic,als, employees or volunteers shall be considered m excess of the COMPANY's insurance and shall not contribute to 11.3 COMPANY shall ,nclude all subcontractors as additional insured under ns pohc,es or shall fum,sh separate certfficates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requ,rements stated herein. 11.4 All Certificates of Insurance and endorsements shall be rum/shed to the CITY's Representative at the time of execut/on of tlgs Agreement, attached hereto as Exh/bit B, and approved by the CITY be£ote work commences. A Standard Insurance Pohcies Required' I Commere,al General Llainhly Policy 2. Automobile Liability Policy 3. Workers' Compensation Pohcy 4. Pollution Liability Policy 5 Excess L,abfl,ty Pohcy B General Requirements ~4pphcable to all Pohctes: 1. Only Insurance Camers licensed and admitted to do business m 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. "Cla,ms Made" policies will not be accepted. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mall, return rece,pt requested, has been g,ven to the City of College Station. 5. Upon request, certified copies of all insurance policies shall be furnished to the City of College Stat,on. The City of College Station, ,ts officials, employees and volunteers, are to be added as "Additional Insured" to all applicable Liability policies. The coverage shall contain no special hm~tattons on the scope of protect,on afforded to the CITY, its officials, employees or volunteers. C Commercial General LtabihO' 1. General Liability insurance shall be written by a carrier with an B+:VII or better rating in accordance with thc current Best Key Rating Gu,de. 2 M~mmum L,mit of$1.000,000.00 per and $2,000,000.00 annual aggregate. . Contract No. Page 9 OIdmance 14o D F G 3 Coverage shall be at least as broad as Insurance Servme's Office Number CG 00 01. 4 5 No coverage shall be deleted from the standard pohcy withoat notification of Ind~mdual exclusmns being attached for review and acceptance The coverage shall include but not be hmited to tile following prenuses/operatmns; independent contracts, products/completed operatmns, contractual liabffity (insuring the indemmty promded hereml, and where exposures exist, "Explosmn, Collapse, and Underground" coverage. Automobde LtabthO, Business Automobile Lmbihty insurance shall be written by a canner with an B+.VII or better rating m accordance with the current Best Key Ranng Guide Mimmum Combined Single Limit orS1,000,000 00 per occurrence for bodily injury and property damage. The Business Auto Policy must show Symbol 1 in the Covered Autos portion ofthe habflity section tn Item 2 of the declarations page The coverage shall include owned or leased autos, non-owned autos, and hired cars. 5 COMPANY is responsible for any liability and/or costs that exceed the dollar limtts set forth in tlus section. Workers' Compensatton ! 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 Pdght to Recover from Others Endorsement, WC 42 03 04 shall be included in this policy. Texas must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: All States except those hsted ~n Item 3A and the States of NV, ND, OH, WA, WV, WY Pollution LtabthO' 1. Minimum acceptable limit $2,000,000 aggregate 2. Pollution coverage endorsement CG 04 22 required. and $1,000,000 per E, rcess Ltabdtty Contract No $ 2 %04 Page I 0 Ordinance No Mimmum acceptable hmit $2,000,000 aggregate and $1,000,000 per occurrence H. Certtficates of Insurance Certificates of Insurance shall be prepared and executed by the insurance company or it's authorized agent, and shall contain the following provmons and warranties: 1 The company is licensed and admitted to do business in the State of Texas. The insurance policies provided by the insurance company are underwritten on forms that have been pmvtded 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 C~ty of College Station 5 Original endorsements affecting coverage required by this section shall be furnished with the certificates ofinsurance. 11.5 The coverage requirements set forth m this Article are in addition to those required under 30 T.A C. 330 i 0050). COMPANY shall provide proof that it has met the requirements of 30 T.A.C 330.10050) 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 ts deemed to be without financial assurance pursuant to 30 T.A.C 330 1005(j), COMPANY's operations shall be suspended until COMPANY estabhshes 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 1o 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 12.3 Notwithstanding any other pmviston 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 Contract No Page 11 O~dmance No government and any adnumstratwe agencies thereof, with respect lo the subject mailer of tills ordlnanee XIlI. ASSIGNMENT 13.1 This Agreement and the rights and obligations contained herein may not be assigned by COMPANY without the specific prior written approval of the City Council. XIV. NOTICES 14.1 All notices required under the terms of this Contract to be given by either party to the other shall be in wntmg, and unless otherwise specified in writing and 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: Bill $oltow, President American Medical Waste Management, Inc P.O Box 1050 Copperas Cove, TX 76522 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 demgnated 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 151.1 Ii is understood and agreed by the parties to this Fmnchme that no alternation or variation to the terms oftMs Franchise shall be effective unless made in writing, approved by both pames, and attached to this Agreement to become a part hereof. Contract No Page 12 O~dmance No XVI. SEVERABILITY 16.1 Ifany section, sentence, clause or paragraph ofthm Ordinance Is tbr any reason is held to be mvahd or illegal, or unenforceable, such invalidity, illegahty or unenforceabihty shall not affecl the remaining pomons of the Ordinance other than the part or paris held mvahd or unconsntuuonal XVII. AUTHORIZATION TO EXECUTE 17.1 The parties sigmng the Francinse shall prowde adequate proof or their authority to execute this Agreement The Francinse shall inure to the benefit of and be binding upon the part,es hereto and their respecuve successors or assigns, but shall not be assignable by either party without the whiten consent of the other party. XVIII. ACCEPTANCE OF FRANCHISE BY COMPANY 18.1 In accordance with CITY OF COLLEGE STATION CITY CHARTER., SECTION 120, this Ordinance shall be effective sixty (60) days after its adoption. COMPANY shall file tis written acceptance of the terms and conditions of the Ordinance with the C~ty Secretary w~thin thirty (30) days from the final adoptmn of tins Ordinance Such acceptance shall be typed or pnnted on the letterhead of COMPANY and, with the blank spaoes appropriately completed, shall be as follows: Attn' City Manager American Medical Waste Managemant, Inc. acting by and through the undersigned . who is acting within h~s/her official capacity and authority, hereby accepts the franchise to operate a medical waste collection service within the Cxty of College Station, Texas ("College Station') as said franeinse is set forth and provided in Ordinance No. __ (the "Ordinance"l. American Medical Waste Management, Inc. agrees to be bound and governed by each term, provm~on and condition of the Ordinance, to accept and to g.ve the benefits provided for m the Ordinance in a business hke and reasonable manner and in compliance with the Ordinance. Contract No. 5 2 ~,04 Page l3 O~ dmanee No American Medical Waste Management, Ine T~tle ~ XIX. PUBLIC HEARING 19.1 It is hereby found and determined that the meetings at which this ordinance was passed were open to the pubic, as required by TEXAS GOVERNMENT CODE § 551 (Vernon 1994, Vernon Supp. 2003), as amended, and that advance pubhc 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 ~4~. day of '~ ~4/.,)/ ,2004. AMERICAN MEDICAL WASTE MANAGEMENT, INC. CITY OF COLLEGE STATION RON SILVIK, Mayor Date: ~q. ~/o~ y ATTEST: C~NNIE HOOKS, City Secretary Date ") ~-a,~. ~ --OE]Z Contract No. Page 14 Ordinance No. APPROVAL: Date D~rector of F~scal Services HARVEY CARGILL, JR, C~ty Attorney Date: ~l /~l~ /l)q I -i t First Consideration and Approval Second Considerauon and Approval: Third ConsidemUon and Approval Contract No 5 27~04 Page 15 O~dmancc No Exhibit SCHEDULE OF RATES $14 to $18 per box depending volume. Contract No. :f 2"04 P~el6 O~dmancc No. Exhibit CERTIFICATES OF INSURANCE Contract No $2?04 Page 17 ONLY AND co.mM Nd ~,~,.'- UPON (2Bl)Seg-OO04 COVBI~OES THE POIJ~M~ OF IN~UI~J~E ZJ~T~D ~ ~ B [~ED ~ ~ ~ ~ ~ ~E ~ ~ ~, , ~ ~ooo ~~ ~ ~,O00,OOO & ~a~ ~ ~12776 ~/Zg~O0~ ~/Z~/~O04 01,000 ~. GEt~IFiC&TE I AE, O~., ~ (nooIiQB) .............. ,~. . ~ ~-'~'[~.~,,,..~