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HomeMy WebLinkAbout2007-3002 - Ordinance - 10/09/2007ORDINANCE NO. 3002 AN ORDINANCE GRANTING ENVIROMED, 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 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, High Horizon, Inc. d/b /a Enviromed of Temple (hereinafter referred to as "Enviromed ") 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 Enviromed, a franchise on such terms and conditions as will provide College Station with control and options necessary to provide for the public good; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: I. DEFINITIONS 1.1 For the purposes of this Ordinance, when not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this Ordinance shall be given their common and ordinary meaning. Page 1 Ordinance No. 3002 1.2 For the purposes of this Ordinance, the following words, terms, phrases and their derivations shall have the meanings given below: Brazos Valley Solid Waste Management Agency Landfill or BVSWMA landfill means a permitted municipal solid waste facility jointly owned by the Cities of Bryan and College Station and operated by the City of College Station on behalf of the cities as authorized by an interlocal agreement. CITY means the City of College Station, a home rule municipal corporation in the State of Texas. City Council or "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. COMPANY means Enviromed, 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. Customers. Those health care - related facilities located within the CITY that generate treated and untreated medical waste. Force Majeure means, without limitation, by the following enumeration, acts of God and the public enemy, the elements, fire, or accidents. Franchise means this ordinance and all rights and obligations established herein or as it may be amended. Medical Wastes means medical wastes as that term is defined in 30 T.A.C. 330 as it now exists or as is hereafter amended. T.A.C. means the Texas Administrative Code as it now exists or as it is hereinafter amended. TCEQ means Texas Commission on Environmental Quality. Treated or Processed Medical Waste is medical waste that has been treated as provided in 30 T.A.C. 330 as it now exists or as it is hereafter amended. H. Page 2 Contract No. Ordinance No. 3002 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 customers with 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 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 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 term 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 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 pursuant to Article VIII herein. IV. Page 3 Contract No. Ordinance No. 3002 TERM OF FRANCHISE 4.1 The term of this franchise shall be for a period of five (5) years beginning on the 26 day of November, 2007. 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 unreasonable 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. 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 VALOREM 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. 5.9 DISPOSAL SITE FOR TREATED MEDICAL WASTE Page 4 Contract No. Ordinance No. 3002 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 permitted 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 determined. 5.11 COMPANY further agrees CITY may review its books and records, during normal business hours and on a non - disruptive basis, as reasonably necessary to monitor compliance with the terms 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 determined. (b) The following records and reports shall be filed monthly with the City Manager or his delegate: 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 terms 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 Fifty ($50.00) per incident charge from CITY payable with the next payment due to CITY under Article III of this Agreement. 5.13 COMPANY agrees to provide free service to CITY during periodic CITY clean -up campaigns and following natural disasters or Acts of God. Page 5 Contract No. Ordinance No. 3002 5.14 TERMINATION OF SERVICE COMPANY must notify CITY in writing of termination of any customer's service for cause via registered mail within forty-eight (48) hours of said termination 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 terminate the Franchise and all rights and privileges of COMPANY hereunder in the event of a material breach of the terms, 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; 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; Page 6 Contract No Ordinance No. 3002 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 termination set forth in the notice. In the event that the Council determines that the allegations set forth are true as set forth in the notice, it may by majority vote cancel this Agreement between the parties at no penalty to the CITY. 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 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 Page 7 Contract No. Ordinance No. 3002 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 applicable TCEQ standards in the BVSWMA landfill. COMPANY hereby agrees to indemnify, defend and hold CITY harmless for disposal of any such waste in the BVSWMA landfill 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 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 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. Page 8 Contract No. Ordinance No. 3002 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. C. Commercial General Liability 1. General Liability insurance shall be written by a carrier with a A -:VII or better rating in accordance with the current Best Key Rating Guide. 2. Minimum Limit of $1,000,000.00 per and $2,000,000.00 annual aggregate. 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; Page 9 Contract No. Ordinance No. 3002 contractual liability (insuring the indemnity provided herein); and where exposures exist, "Explosion, Collapse, and Underground" coverage. D. Automobile Liability I. Business Automobile Liability insurance shall be written by a carrier with a A -:VII or better rating in accordance with the current Best Key Rating Guide. 2. Minimum Combined Single Limit of $2,000,000.00 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. Where applicable endorsement MCS -90, (Motor Carrier Policies for Insurance for Public Liability) is required. 5. COMPANY is responsible for any liability and/or costs that exceed the dollar limits set forth in this section. E. Workers' Compensation 1. Employer's Liability limits of $500,000 1$500,000 1$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 of NV, ND, OH, WA, WV, WY. F. Pollution Liability 1. Minimum acceptable limit $2,000,000 aggregate and $1,000,000 per occurrence. 2. Pollution coverage endorsement CG 04 22 required. G. Excess Liability 1. Minimum acceptable limit $5,000,000 aggregate and $1,000,000 per occurrence. H. Certificates of Insurance Page 10 Contract No. Ordinance No. 3002 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 forms that have been provided by the Texas State Board of Insurance or ISO. 3. All endorsements and insurance coverages according to requirements and instructions contained herein. 4. The form of the notice of cancellation, termination, or change in coverage provisions to the City of College Station. 5. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 11.5 The coverage requirements set forth in this Article are in addition to those required under 30 T.A.C. 37. COMPANY shall provide proof that it has met the requirements of 30 T.A.C. 37 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. 37, COMPANY's operations shall be suspended until COMPANY establishes other acceptable financial assurance with the TCEQ and provides proof of same to CITY. X1I. 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. 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 Page 11 Contract No. Ordinance No. 3002 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 writing, and unless otherwise specified in writing shall be sent to the parties at the addresses following: CITY: City Manager City of College Station P.O. Box 9960 College Station, Texas 77842 COMPANY: J. L. Ranly Administrator P.O. Box 1052 Temple, TX 76503 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 part'• XV. AMENDMENTS 15.1 It is understood and agreed by the parties to this Franchise that no alteration or variation to the terms 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. Ordinance No. 3002 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. XVIH. 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 terms 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 Enviromed 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 "). Enviromed 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. High Horizon, Inc d/b /a Enviromed of Temple By: Name: J.L. Ranly Title: Administrator Page 13 Contract No. Ordinance No. 3002 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 GO VERNMENT 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 day of .2007. HIGH HORIZON, INC. d/b /a ENVIROMED OF TEMPLE BY: �G�i Adb'� Title ADrnj,u isTr,*+ ax- Date: S — Le 6') CITY OF COLLEGE STATION BY: - Mayor l Date: �� /��f /v 7 c °s A TEST: City Secretary Date: 10 o f APP City Manager i Da A l. C i"e 1cer >Y IN k AY Ci ttorney Date: Y - 1 - 0 7 Page 14 Contract No. Ordinance No. 3002 First Consideration and Approval: August 23, 2007 Second Consideration and Approval: September 13, 2007 Third Consideration and Approval: September 27. 2007 Page 15 Contract No. Ordinance No. 3002 Exhibit "A" SCHEDULE OF RATES OURRATES ARE AS FOLLOWS: DESTRUCTION OF LARGE BOX OF MEDICAL WASTE RANGE $10,00 TO $40.00 PER BOX DESTRUCTION OF 28 GALLON REUSABLE CONTAINER RANGE $28.00 TO $30.00 PER CONTAINER Page 16 Contract No. Exhibit "B" CERTIFICATES OF INSURANCE Page 17 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DA TE 07/25/07 (MM/DD j PRODUCER Tom Stewart Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1001 S. Dairy Ashford, Suite 225 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Houston, TX 77077 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone (281)589 -0004 Fax (281)589 -8889 INSURERS AFFORDING COVERAGE I NAIC # INSURER A: Arch Insurance Co. INSURED High Horizons, Inc. DBA: Medtrak DBA:Enviromed INSURER B: Texas Mutual Insurance Company DBA: All Med Disposal INSURER c: PO Box 1052 INSURER D: Temple, TX 76503 I INSURER E: COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iINSR QTR ADD-L TYPE OF INSURANCE POLICY NUMBER INSRD POLICY EFFECTIVE POLICY EXPIRATIONI LIMITS DATE(MWDDNY) DATE(MM/DDIYY) GENERAL LIABILITY EACH OCCURRENCE 1,000,000 I d❑ COMMERCIAL GENERAL LIABILITY FBCAT 0041103 DAMAGE TO RENTED 100,0001 04/18/07 04/18/08 PREMISES (Ea occurence) ❑❑ CLAIMS MADE❑ OCCUR MED EXP (Any one person) 5, 000 IA 11 ❑ PERSONAL BADVINJURY 1,000,0001 ❑ GENERAL AGGREGATE 2,000,000� PRODUCTS- COMP /OP AGG Included GEN'L AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ PROJECT ❑ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT .❑ ANY AUTO FBCAT 0041103 04/18/07 04/18/08 (Ea accident) 1,000,000 ❑ ALL OWNED AUTOS BODILY INJURY A I V SCHEDULED AUTOS (Per person) d❑ HIRED AUTOS BODILY INJURY d❑ NON OWNED AUTOS (Per accident) 0 Broad Pollution ❑ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ❑ ❑ ANY AUTO OTHER THAN EA ACC ❑ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE ❑ OCCUR ❑ CLAIMS MADE AGGREGATE ❑ DEDUCTIBLE ❑ RETENTION WORKERS COMPENSATION AND TSF- 0001105699 EMPLOYERS' LIABILITY 05/15/07 05/15/08 © WC STATU- L:] OTH- TORY LIMITS ER B ANY PROPRIETOR / PARTNER / EXECUTIVE E.L. EACH ACCIDENT 500,0001 OFFICER / MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE 500,0001 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 500,0001 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Medical Waste Hauler Certificate holder is hereby granted Additional Insured status with regards to Commercial General Liability in accordance with policy terms, conditions and exclusions. Blanket Waiver of Subrogation applies with regards to workers compensation in accordance with policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of College Station 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Attn: Risk Management THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. PO box 9960 College Station TX 77842 AUTHORIZED REPRESENTATIVE c�JQAM ACORD 25 (2001108) C ACORD CORPORATION 1988 ENDORSEMENT FOR Form Approved MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY OMB No. 2125 -0074 UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 Issued to HIGH HORIZONS, INC, of PO BOX 1052, TEMPLE TX 76503 Dated at DENVER, CO this 19TH day of APRIL, 2007 Amending Policy No. FBCAT0041103 Effective Date 04 -18 -2007 Name of Insurance Company ARCH INSURANCE COMPANY Telephone Number ( 203) 388 -3220 Countersigned bye /��� aw►wdzed COMPM r ReWeseftfi- The policy to which this endorsement is attached provides primary or excess insurance, as indicated by 'R, for the limits.shown: x� This insurance is primary and the company shall not be Gable for amounts in excess of $ 1,000,000 for each accident. 0 This insurance is excess and the company shall not be Gable 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 (FHWA) or the Interstate Commerce Commission (ICC), the company agrees to furnish the FHWA or the ICC a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FHWA 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) thirty-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 cost of removal and the cost of necessary measures taken to MOTOR VEHICLE means a land vehicle, machine, truck, tractor, minimize or mitigate damage to human health, the natural trailer, or semitrailer propelled or drawn by mechanical power environment, fish, shellfish, and wildlife. and used on a highway for transporting property, or any combination thereof. BODILY INJURY means injury to the body, sickness, or disease to an arson includin death resultin from an ' of these PROPERTY DAMAGE means damage to or loss of use of tangible property. y p g g y PUBLIC LIABILITY means liability for bodily injury, property ENVIRONMENTAL RESTORATION means restitution for the damage, and environmental restoration. The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Highway Administration (FHWA) and the Interstate Commerce Commission (ICC). In consideration of the premium stated in the policy to which this endorsement is attached, the insurer '(the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability I" of endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, Irrespective of the financial condition, insolvency or bankruptcy of the insured. However, all terms, conditions and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement resu fing from negligence in the operation, maintenance or use contained in this endorsement motor vehicles subject to the financial responsibility requirements It is further understood and agreed that, upon failure of the of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless company to pay any final judgment recovered against the of whether or not each motor vehicle is specifically described in insured as provided herein, the judgment creditor may maintain the policy and whether or not such negligence occurs on any an action in any court of competent jurisdiction against the route or in any territory authorized to be served by the insured or company to compel such payment. elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees The limits of the company's liability for the amounts prescribed in while 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 any one 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 -90 (Over) uNw-owa iwommvoN sEmcr~s, iNc. MC 1622k (10 -99) SCHEDULE OF LIMITS Public Liability Type of Carriage (1) For -hire (In interstate or foreign commerce). (2) For -hire and Private (In interstate, foreign, or intrastate commerce). (3) For -hire and Private (In interstate or foreign commerce: in any quantity) or (In intrastate com- merce: in bulk only). Commodity Transported Property (nonhazardous) Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable Tanks, or hopper - type vehicles with capacities in excess of 3,500 water gallons; or In bulk Divisions 1. 1. 12, 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 172101, but not mentioned in (2) above or (4) below. Minimum Insurance $ 750,000 5,000,000 1,000,000 (4) For -hire and Private (in interstate Any quantity of Division 1 1, 1.2 or 1.3 material; any 5,000,000 or foreign commerce). 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. 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 in interstate or foreign commerce Minimum Vehicle Seating Capacity Insurance (1) Any vehicle with a seating capacity of 16 passengers or more. $ 5,000,000 (2) Any vehicle with a seating capacity of 15 passengers or less. 1,500,000 MC 1622k (10 -99) UNIFORM INFORMATION SERVICES, INC Form MCS -90