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HomeMy WebLinkAbout2010-3292a - Ordinance - 10/14/2010MULTIFAMILY AND COMMERCIAL RECYCLING COLLECTION ORDINANCE NO. 2010- 329 Z O. AN ORDINANCE GRANTING PROFESSIONAL TRASH VALET, LLC dba BRAZOS VALLEY TRASH VALET & RECYCLING, 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 PROVIDING RECYCLABLE COMMODITIES COLLECTION TO DESIGNATED MULTIFAMILY APARTMENT AND COMMERCIAL BUSINESS LOCATIONS; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; AND FOR PARTIAL INVALIDITY. WHEREAS, the City of College Station, by ordinance, provides exclusively all solid waste collection and disposal services for solid waste aggregated from within the corporate limits of the City of College Station including, but not limited to recyclable commodities; and WHEREAS, the City of College Station may, pursuant to the College Station City Charter, Article XI, grant franchises to other entities for the use of public streets, alleys, and thoroughfares within the corporate limits of the city and for the collection and disposal of solid waste generated from within the corporate limits of the City of College Station; and WHEREAS, the City of College Station desires to exercise the authority provided to it by ordinance and charter to grant a franchise for the collection of certain recyclable commodities that are generated from specified multifamily apartment and commercial business locations within the corporate limits of the City of College Station; and WHEREAS, BRAZOS VALLEY TRASH VALET & RECYCLING, is engaged in the business of collection of recyclable commodities 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 grant this franchise to BRAZOS VALLEY TRASH VALET & RECYCLING, hereinafter referred to as "Contractor", 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: ARTICLE 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. For the purposes of this Ordinance, the following words, terms, phrases and their derivations shall have the meaning given here. 1.2 Agreement shall mean this franchise between City and Contractor for the collection of certain recyclable commodities within the jurisdictional limits of the City, under certain terms and conditions set out herein. 1.3 Brazos Valley Solid Waste Management Agency or BVSWMA shall mean 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 or as it may change. 1.4 City shall mean the City of College Station, a Texas Home Rule Municipal Corporation 1.5 City Council or Council shall mean the governing body of the City. 1.6 City's Representative shall mean the Director of Public Works of the City or his designated appointee. 1.7 Collection shall mean the scheduled aggregation of recyclables by Contractor according to the terms governing scheduling contained in this Agreement. 1.8 Contractor shall mean BRAZOS VALLEY TRASH VALET & RECYCLING who is authorized under this Franchise for the collection of recyclable commodities. 1.9 Contaminated shall mean recyclable commodity that is mixed with solid waste or is altered in such a way that it has become unsalable. 1.10 Customers shall mean occupants of those designated multifamily apartment complexes and commercial businesses, that are located within the City limits and that generate recyclable materials. 1.11 Force Majeure shall mean, without limitation, by the following enumeration, acts of God and the public enemy, the elements, fire, or accidents. 1.12 Franchise shall mean this ordinance and all rights and obligations established herein or as it may be amended. 1.13 Parties shall mean the City of College Station and BRAZOS VALLEY TRASH VALET & RECYCLING. Multifamily and Commercial Recycling Collection 2 1.14 Recyclables or Recyclable Commodities shall mean materials that have been recovered from the solid waste stream for the purposes of reuse or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable commodities or recyclables are not solid waste unless they are abandoned or disposed rather than reprocessed into another product. 1.15 Residue shall mean the material regularly associated with and attached to recyclable commodities, as a part of the original packaging or usage of that commodity, that is not recyclable itself. 1.16 T.A.C. shall mean the Texas Administrative Code as it now exists or as it is hereinafter amended. 1.17 T.C.E.Q. shall mean Texas Commission for Environmental Quality. ARTICLE It AUTHORITY FOR CONTRACTOR TO PROVIDE SERVICE 2.1 City hereby grants to Contractor a nonexclusive franchise to operate and establish in the City, as constituted as of the effective date of this Agreement, or as may hereafter be constituted to collect recyclable commodities from multifamily apartment complexes and commercial businesses within the corporate limits of City, and Contractor 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 the City, for any such service and lawful purpose as herein mentioned; provided that all such work, activity and undertakings by Contractor shall be subject to the terms and provisions of this Franchise and the continuing exercise by the City of its governmental and police powers, and provided further that nothing herein shall be construed to require or authorize Contractor to exceed any rights granted herein or by the TCEQ. 2.2 Nothing in this Franchise shall be construed as granting an exclusive franchise or right. ARTICLE III DISPOSAL SITE TO BE USED 3.1 In the event Contractor inadvertently collects solid waste that is in excess of residual amounts from the recyclable materials, then Contractor shall utilize the BVSWMA landfill or any other T.C.E.Q. approved disposal site. The Contractor shall only use disposal sites that are lawful for municipal solid waste disposal and for disposal of all contaminated, unmarketable recyclable commodities collected by Contractor from within the corporate limits of the City.that are not accepted by any Material Recycling Facilities Multifamily and Commercial Recycling Collection ARTICLE IV RATES TO BE CHARGED BY CONTRACTOR 4.1 Rates charged by Contractor will vary according to marketability of such services. ARTICLE V PAYMENTS TO CITY 5.1 For and in consideration of the grant of the franchise herein, Contractor agrees and shall pay to City upon acceptance of this Franchise Agreement and thereafter during the term hereof, a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling accomplished. 5.2 No fee is required if Contractor reports aggregate recycling of at least eighty percent (80%) of recyclables collected. 5.3 A fee equivalent to ten percent (10%) of Contractor's monthly gross delivery and hauling revenues generated from Contractor's provision of recycling collection services within the City excluding landfill tipping charges is required if Contractor reports aggregate recycling less than eighty percent (80%) of recyclables collected. 5.4 The exclusion is limited only to the amount BVSWMA charges Contractor for landfill tipping charges. Any revenue received by Contractor in excess of the landfill tipping charges will be subject to the franchise fee and shall be computed into Contractor's monthly gross delivery and hauling revenue. Said payment shall be paid quarterly to the City Manager or his designee and shall be due by the twentieth of the month following the end of the previous quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding amount owed under this Article V. 5.5 Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XII TERMINATION of this Franchise Agreement. ARTICLE VI ACCESS TO RECORDS AND REPORTING 6.1 Upon legitimately reported law or ordinance violations, including, but not limited to, 1) illegal disposition of recycling materials, 2) collection of materials not in compliance with this Agreement, or 3) violations of any material aspect of this Agreement, then City shall have the right, upon reasonable notice, to inspect during normal business hours Contractor's records relevant and restricted to the scope of the reported violations, Contractor shall cooperate in allowing City to conduct the inspections. 6.2 Along with the payment to the City of the City's agreed share of revenue from the collection of recyclable commodities, Contractor shall provide an email to the City Manager's office of a report entitled Monthly Recycling Activity Report to City. Said report is due no later Multifamily and Commercial Recycling Collection than the twentieth calendar day of each month and summarizing the recycling activity for the previous calendar month. Contractor's report shall include the following information: a. Copies of all weight tickets that contain any recyclable materials collected within the City limits. b. For each weight ticket, provide an estimate of the percent of tonnage of recyclable materials collected within the City limits. C. Visual estimate the percentages of the composition of recycling materials collected delineated by plastics, metals, glass, paper, etc. d. Any materials collected by the Contractor that are refused by the material recycling facility and their related disposition. These materials shall be disposed of at BVSWMA landfill or any other T.C.E.Q. approved disposal site and should only include materials rejected from the material recyling facility that were collected from the City's customers. ARTICLE VII COMPLAINTS REGARDING SERVICE/SPILLAGE 7.1 Contractor shall handle directly any complaints pertaining to customer service, property damage or personal injury from their multifamily and commercial recycling service. Any such complaints received by City shall be forwarded to Contractor within twenty-four (24) hours of their receipt by City. Contractor shall respond to all complaints within twenty-four (24) hours of receiving notice of such complaint from City, resolve such complaints promptly and shall report to City the action taken.. ARTICLE VIII COMPLIANCE WITH APPLICABLE LAWS 8.1 This ordinance shall be construed in accordance with the City's Charter and Code of Ordinances in effect on the Effective Date of this ordinance to the extent that such City Charter and Code of Ordinances are not in conflict with or in violation of the Constitution and Laws of the United States or the State of Texas. 8.2 This Ordinance shall be governed in accordance with the Laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 8.3 Notwithstanding any other provision in this franchise to the contrary, City and Contractor 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. 8.4 In the event that the Contractor uses BVSWMA for disposal of materials that are collected under this Agreement, the Contractor agrees to comply with all BVSWMA regulations. All collections made under this Agreement shall be made by Contractor without unnecessary noise, disturbance, or commotion. Multifamily and Commercial Recycling Collection ARTICLE IX COLLECTION PROCEDURES 9.1 The Contractor shall develop an onsite recycling program for multifamily apartment recycling that has collection from the door of multifamily units or location agreed upon with the multifamily apartment complex management. 9.2 The Contractor shall develop an onsite recycling program for commercial businesses that has collections from the loading dock or location agreed upon with the commercial business management, in accordance with City regulations. 9.3 Under no circumstances can collections occur from the rights-of-way. 9.4 The Contractor shall provide the means of recycling to these participating entities The City of College Station may provide for educating or promoting the community, residents, or businesses regarding this program. ARTICLE X OWNERSHIP OF RECYCLABLES 10.1 Sole and exclusive title to all recyclable commodities collected by Contractor under this Franchise Agreement shall pass to Contractor when said commodities are placed on Contractor's collection vehicle. 10.2 The City shall not presume ownership over any recyclable commodities collected by Contractor, and the City shall not be responsible for processing or disposal. ARTICLE XI VEHICLE AND EQUIPMENT MAINTENANCE 11.1 Contractor agrees to properly maintain in a safe, clean, and sanitary condition all equipment necessary for the performance of this franchise. Equipment shall be in good condition and repair. 11.2 All vehicles used by Contractor in the collection of recyclable commodities shall be covered during transport to prevent spillage, blowing, or scattering of refuse onto public streets or rights-of-way, private property or adjacent property. A standby vehicle shall always be available. 11.3 Contractor's vehicles shall at all times be clearly marked with Contractor's name, address, telephone number, and if applicable, state permit number, in letters not less than three (3) inches in height. Multifamily and Commercial Recycling Collection 6 ARTICLE XII TERMINATION 12.1 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 Contractor hereunder in the event of a material breach of the terms, covenants, or conditions herein set forth. A material breach by Contractor shall include, but not be limited to, the following: a. Failure to pay the fees prescribed by Article V. b. Failure to materially provide the services provided for in this Franchise. C. Material misrepresentation of fact in the application for or negotiation of this Franchise. d. Conviction of any director, officer, employee, or agent of Contractor of the offense of bribery or fraud connected with or resulting from the awarding of this Franchise. e. Material misrepresentations of fact knowingly made to City with respect to or regarding Contractor's operations, management, revenues, services or reports required pursuant to this Franchise. I. Revocation or denial of registration or renewal of registration by TCEQ. h. Excessive interruption in service for a period of seventy-two (72) hours or more due to causes other than force majeure. 12.2 Contractor shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers, or employees. 12.3 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 Contractor, 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 Contractor 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. ARTICLE XIII NON-EXCLUSIVITY OF THE FRANCHISE 13.1 Both parties understand and agree that nothing in this Agreement conveys to Contractor an exclusive franchise for the services described in this Agreement and that this Agreement is non-exclusive. 13.2 In the event that the City begins offering the service outlined in this Agreement, the City reserves the right to terminate this Franchise and all rights and privileges of the Contractor per Article XI of the City Charter. Multifamily and Commercial Recycling Collection ARTICLE XIV RELEASE AND INDEMNIFICATION 14.1 CONTRACTOR ASSUMES FULL RESPONSIBILITY FOR THE WORK TO BE PERFORMED HEREUNDER, AND HEREBY RELEASES, RELINQUISHES, AND DISCHARGES CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY TO, INCLUDING DEATH OF, ANY PERSON WHETHER THAT PERSON BE A THIRD PERSON, CONTRACTOR, OR AN EMPLOYEE OF EITHER OF THE PARTIES HERETO, AND ANY LOSS OF OR DAMAGE TO PROPERTY, WHETHER THE SAME BE THAT OF EITHER OF THE PARTIES HERETO OR OF THIRD PARTIES, CAUSED BY OR ALLEGED TO BE CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH THE GRANT OF THIS FRANCHISE TO CONTRACTOR, WHETHER OR NOT SAID CLAIMS, DEMANDS AND CAUSES OF ACTION IN WHOLE OR IN PART ARE COVERED BY INSURANCE. 14.2 CONTRACTOR AGREES TO AND SHALL INDEMNIFY AND HOLD CITY HARMLESS AND DEFEND THE 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 ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, AND FOR DAMAGE TO ANY PROPERTY, OUT OF OR IN CONNECTION WITH OPERATION OF CONTRACTOR'S RECYCLING BUSINESS UNDER THIS FRANCHISE AND DISPOSAL OF THE RECYCLABLE WASTE COLLECTED BY IT OR RESALE, AND ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, WHETHER THE CONTRACTOR'S NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH, OR DAMAGES, AND WHETHER THE CITY'S NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH, OR DAMAGES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, THAT THE INDEMNITY PROVIDED FOR HEREINABOVE IS INDEMNITY BY THE CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF BOTH THE CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE, AND THE CONTRACTOR'S NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. 14.3 CONTRACTOR ASSUMES RESPONSIBILITY AND LIABILITY AND HEREBY AGREES TO INDEMNIFY THE CITY FROM ANY LIABILITY CAUSED BY CONTRACTOR'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. Multifamily and Commercial Recycling Collection ARTICLE XV INSURANCE 15.1 For the duration of this Agreement, Contractor shall procure and maintain at its sole cost and expense insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the terms of this Agreement by Contractor, its agents, representatives, volunteers, employees, or subcontractors. 15.2 Contractor's insurance 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 Contractor's insurance and shall not contribute to it. 15.3 Contractor shall include any and all subcontractors as additional insureds 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 and endorsements stated herein. 15.4 Certificates of Insurance and endorsements shall be furnished to City and approved by City before work commences. During the term of this Agreement Contractor's insurance policies shall meet the following requirements: a. Standard Insurance Policies Required 1. Commercial General Liability 2. Business Automobile Liability 3. Workers' Compensation 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, if available. Otherwise, an Insurance Carrier shall be permitted outside the State of Texas, as long as policy is through an Insurance Broker authorized within Texas and the policy complies with the other insurance requirements contained in this Agreement. 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 are not 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 named as "Additional Insured" to the Commercial General and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. Multifamily and Commercial Recycling Collection c. Commercial General Liability 1. General Liability insurance shall be written by a carrier with a "A:VIII" or better rating in accordance with the current Best Key Raring Guide. 2. Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. 3. Coverage shall be at least as broad as ISO form CG 00 01. 4. No coverage shall be excluded 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 with separate aggregate; independent contracts; products/completed operations; contractual liability. d. Endorsements Those policies set forth in Paragraphs III and IV shall contain an endorsement naming the City as Additional Insured and further providing that the Contractor's policies are primary to any self-insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. 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 Addendum "A", and approved by the City before work commences. e. Workers Compensation Insurance 1. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a worker's compensation insurance policy: either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring Contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent Contractor may not be used. 2. Workers compensation insurance shall include the following terms: A. Employer's Liability minimum limits of $1,000,000.00 for each accident/each disease/each employee are required. B. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. C. 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, and WY. Multifamily and Commercial Recycling Collection 10 3. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Definitions: A. Certificate of coverage ("certificate") An original certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. B. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. C. Persons providing services on the project ("subcontractors" in § 406.096 [of the Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 4. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 5. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 6. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 7. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: A. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and B. no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage Multifamily and Commercial Recycling Collection period shown on the current certificate of coverage ends during the duration of the project. 8. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 9. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 10. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 11. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: A. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; B. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; C. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; D. Obtain from each other person with whom it contracts, and provide to the Contractor: H. A certificate of coverage, prior to the other person beginning work on the project; and fl. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; E. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; F. Notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and G. Contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 12. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division Multifamily and Commercial Recycling Collection 12 of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penal- ties, or other civil actions. 13. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. f. Certificates of Insurance shall be prepared and executed by the insurance company or its 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. ARTICLE XVI ASSIGNMENT 16.1 This Agreement and the rights and obligations contained herein may not be assigned by Contractor without the specific prior written approval of the City Council. The Contractor may request assignment of the Contractor's rights or obligations under this Agreement upon written request to the City. City shall take the requested assignment before the City Council within thirty (30) days of receipt of request from Contractor, and will be recommended for approval by staff unless deemed unreasonable. ARTICLE XVII SAFETY 17.1 The Contractor agrees that all prudent and reasonable safety precautions associated with the performance of this Agreement are a part of the collection techniques for which Contractor is solely responsible. In its execution of its obligations under this Agreement, Contractor shall use all proper skill and care, and Contractor shall exercise all due and proper precautions to prevent injury to any property or person. ARTICLE XVIII AD VALOREM TAXES 18.1 Contractor agrees to render a list annually of all personal property utilized in its recycling operation services to Brazos County Appraisal District so that said personal property will be subject to ad valorem taxation by the applicable taxing entities. Multifamily and Commercial Recycling Collection 13 ARTICLE XIX NOTICES 19.1 All notices required to be given by either party to the other party under the terms of this Contract shall be in writing and, unless written notice of a change of address is given, shall be sent to the parties at the addresses following: CITY: Director of Public Works City of College Station P.O. Box 9960 College Station, Texas 77842 CONTRACTOR: Brazos Valley Trash Valet & Recycling 3515B Longmire Dr. #205 College Station, TX 77845 19.2 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 above, or to such other person and/or address that either party subsequently designates as its address for notice. Such designation shall be made by providing thirty (30) days advance written notice to the other party. ARTICLE XX AMENDMENTS 20.1 It is hereby understood and agreed by the parties to this Agreement that no alteration or variation to the terms of this Agreement, including all addendums hereto, shall be effective unless made in writing, approved and signed by both parties. ARTICLE XXI SEVERABILITY 21.1 If any section, sentence, clause, or paragraph of this Agreement shall be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the invalid, illegal or unenforceable provision(s) of this Agreement with valid legal terms and conditions approximating the original intent of the parties. ARTICLE XXII AUTHORIZATION TO EXECUTE 22.1 The parties signing this Agreement shall provide adequate proof of their authority to execute this Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors or assigns as permitted herein. ARTICLE XXIII TERM OF AGREEMENT 23.1 The term of this Agreement shall be for a period beginning on October 1, 2010 and ending on September 30, 2015. Multifamily and Commercial Recycling Collection 14 ARTICLE XXIV ACCEPTANCE OF AGREEMENT 24.1 In accordance with City of College Station City Charter, Section 120, Contractor shall have sixty (60) days, from and after the final passage and approval of this Ordinance to file its written acceptance thereof with the City Secretary within thirty (30) days from the final adoption of this Ordinance, and upon acceptance being filed, this Ordinance shall take effect and be in force from and after the date of its acceptance. Such acceptance shall be typed or printed on the letterhead of Contractor and, with the blank spaces appropriately completed, shall be as follows: Attn: Public Works Director acting by and through its undersigned who is acting with his official capacity and authority, hereby accepts the franchise to operate a recycling collection service within the City of College Station, Texas ("College Station") as said franchise is set forth and provided in Ordinance No. (the "Ordinance"). agrees to be bound and governed by each terms, 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 compliance with the Ordinance. By: Name: Title: Date: 24.2 By accepting this Agreement, Contractor represents that it has, by careful examination, satisfied itself as to the nature and location of the work, the character, quality and quantity of work to be performed, the character of the equipment and facilities necessary to fulfill its obligations under this Agreement, as well as the general and local conditions and all other matters that in any way affect the work to be performed under this Agreement. ARTICLE XXV CONTRACTOR'S DILIGENCE AND CARE 25.1 Contractor shall use reasonable care and diligence in executing its obligations under this Agreement. ARTICLE XXVI ENTIRE AGREEMENT 26.1 It is understood by the parties that this Agreement constitutes the entire agreement between the parties with respect to collection of recyclable commodities from multifamily apartment and commercial business locations within the City. It is further understood and agreed that there are no other agreements between these parties with regard to the collection and disposal of recyclable commodities from multifamily apartment and commercial business locations within the City. Multifamily and Commercial Recycling Collection 15 ARTICLE XXVII ENFORCEMENT OF PROVISIONS 27.1 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of such party thereafter to enforce each and every provision hereof. ARTICLE XXVIII CAPTIONS AND HEADINGS 28.1 The captions, section numbers and other such designations appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections in this Agreement or in any way affect this Agreement. ARTICLE XXIX PUBLIC HEARING 29.1 It is hereby found and determined that the meetings at which this ordinance was passed were open to the public, as required by Texas Government Code § 551.001 and that advance public notice of time, place, and purpose of said meetings was given. Multifamily and Commercial Recycling Collection 16 First Consideration & Approval on the bit day of SIP-0-01 ef2010 Second Consideration & Approval on the 2,3 r~ day of 5P_10 TeAkef2010 r L Third Consideration & Approval on the day of OCG+o be,(' 2010 PASSED, ADOPTED and APPROVED by the City of College Station City Council on this the 144-h- day ofOT2f-o her 2010. BRAZOS VALLEY TRASH VALET & RECYCLING By: Printed Name: Rickf Hux Title: Owner/Member Date: L?-q- /0 ATTEST: ity Secretly CITY OF COLLEGE STATION By: D 1~tntiz.u, (/~v Mayor U U Date: 1 -13 -1 1 / 3- I / Date APP O City Manager City Atto WA. rney Q ( ) Qn AAQ\ Chief (cial Officer s /s-3/4Z ' Date /Ow// Date r, - ? - ( / Date Multifamily and Commercial Recycling Collection 17 ADDENDUM A CERTIFICATES OF INSURANCE AND ENDORSEMENTS Multifamily and Commercial Recycling Collection 18 AMICA MUTUAL INSURANCE CONWANY A Uncoln, Rhode Island Page 1 of 3 DECLARATIONS TEXAS PERSONAL AUTO POLICY NO. 900542-24AJ NAMED INSURED AND ADDRESS POLICY PERIOD: 12:01 A.M., timed insu ed as uatea herein the RICKY C. HUX AND From: MAY 30, 2009 JESSICA MARIE HUX To: MAY 30, 2010 4809 WAYNE CT COLLEGE STATION TX 77845 2005 FORD F150 SUPERCREW 1 PICKUP 4X2 VIN 1FTPW12545KE97206 USE: BUSINESS 2000 FORD EXPEDITION EDDIE 2 BAUER UT VIN IFMEU17LOYLB31726 USE: PLEASURE The Auto(s) or Trailer(s) described in this policy is principally garaged at the above address unless otherwise stated. SAFE DRIVER RATES APPLY. RATES ARE BASED ON THE FOLLOWING HOUSEHOLD DRIVERS RICKY C. HUX 125195 1 2 3 4 5 6 JESSICA MARIE HUX 13180195 M M 06 24 68 F M 06 84