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2025-4589 - Ordinance - 04/24/2025
ORDINANCE NO. 2025-4589 SINGLE STREAM RECYCLING COLLECTION FRANCHISE AGREEMENT & GENERAL SERVICE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, BRANNON INDUSTRIAL GROUP, LLC, DBA BVR WASTE AND RECYCLING, ITS SUCCESSORS AND ASSIGNS, A NON- EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION ("CITY") FOR THE PURPOSE OF PROVIDING COLLECTION OF RECYCLABLE MATERIALS FROM DESIGNATED CITY FACILITIES, CITY BUILDINGS, AND SINGLE FAMILY RESIDENTIAL HOMES; 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; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclable Materials; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection Recyclable Materials generated in City limits; and WHEREAS, the City of College Station desires to exercise the Charter's authority and grant a non-exclusive franchise to Contractor for collection of certain Recyclable Materials generated from designated City Facilities, City Buildings, and Single Family Residential Homes in City limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 1 of 24 Table of Contents ArticleI. Definitions...................................................................................................................4 ArticleII. Recycling Services......................................................................................................5 ArticleIII. Payment and Term.....................................................................................................5 Article IV. Grant of Authority and Acceptance............................................................................6 ArticleV. Non -Exclusive Franchise............................................................................................7 Article VI. Violation and Penalty................................................................................................7 Article VII. Independent Contractor............................................................................................7 ArticleVIII. Insurance................................................................................................................7 Article IX. Indemnification and Release......................................................................................8 ArticleX. Disputes and Mediation..............................................................................................8 ArticleXI. General Terms...........................................................................................................9 Exhibit A. Scope of Services.....................................................................................................13 1. Recyclable Materials Collection Services.......................................................................13 2. Collection Procedures.....................................................................................................13 3. Collection and Transport of Recyclables.........................................................................14 4. Appearance of Equipment and Personnel........................................................................15 5. Processing and Marketing...............................................................................................15 6. Reporting Requirements.................................................................................................16 7. Service Adjustments.......................................................................................................16 8. Responsibility for Receptacle, Equipment, & Access......................................................16 9. Receptacle Damages.......................................................................................................17 10. Inspection of Records and Operations.............................................................................17 11. Complaints Regarding Service........................................................................................17 12. Termination of Individual Service..................................................................................18 ExhibitB. Insurance Requirements...........................................................................................19 I) Standard Insurance Policies Required: ............................................................................ 19 II) General Requirements Applicable to All Policies: .......................................................... 19 III) Commercial General Liability.........................................................................................19 IV) Business Automobile Liability........................................................................................20 V) Workers' Compensation Insurance.................................................................................20 Exhibit C. Certificates of Insurance...........................................................................................21 Exhibit D. Recyclable Materials Collected................................................................................22 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 2 of 24 RequiredMaterials................................................................................................................22 OptionalMaterials.................................................................................................................22 ExhibitE. Collection Method....................................................................................................23 ExhibitF. Collection Schedule..................................................................................................24 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 3 of 24 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Ordinance and Service Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclable Materials within the City limits. 1.2 Approved Number of Customers means the maximum number of Single -Family Residential Homes, City Buildings, and City Facilities served, which is determined by the City's Representative based on Utility Billing Reports. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) or Twin Oaks Landfill means the permitted municipal solid waste landfill owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station, Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager's designated appointee. 1.7 Collection means the scheduled aggregation of recyclables by Contractor. 1.8 Contaminated Materials means Recyclable Materials mixed with solid waste or altered in a way that results in materials being unrecyclable. 1.9 Contractor means the Contractor franchised for the collection of recyclable materials. 1.10 Customers mean the locations designated by the City as a City Building or Facility and Single Family Residential Homes. a. Single Family Residential Home means: i. Each residential unit in a building with fewer than four (4) attached residential units in a complex that has not been identified as a multi -family apartment complex by the City, and that has been assigned a shared three hundred (300) gallon or larger automated solid waste collection container and provided with twice per week garbage collection, bi-weekly curbside recycling collection, and once per week rubbish/brush collection. ii. Each single-family detached residential unit or residential units in a building with fewer than four (4) attached residential units in a complex where each residential unit has been assigned a seventy (70) gallon automated solid waste container and provided with garbage, rubbish service weekly, and recycling collection bi-weekly. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 4 of 24 1.11 Notification Materials mean any form of media used to inform or educate Customers about their services. 1.12 Receptacle means a weatherproof container easily identifiable and designated for recycling collection. 1.13 Recyclables or Recyclable Materials mean materials recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. Specifically as described in Exhibit A. 1.14 Residue means the materials regularly associated with and attached to recyclable materials, as a part of the original packaging or usage of that material that is not recyclable. 1.15 Special Event means a for -profit or nonprofit event to which the public is invited, held on City of College Station property, at which over 250 individuals attend and existing recycling services are not already established. 1.16 TAC means the Texas Administrative Code now and as amended. 1.17 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. RECYCLING SERVICES This Agreement is by and between the City of College Station, a Texas Home -Rule Municipal Corporation and Contractor to collect, transport, process, and recycle all Recyclable Materials generated by Customers as described in the Scope of Services attached as Exhibit A. ARTICLE III. PAYMENT AND TERM 3.1 Consideration. The City shall pay the Contractor the amounts calculated by Sections 3.2 and 3.3, for the term of this Agreement. All rates and amounts increase annually by 2.5%. 3.2 City Buildings and Facilities. City shall pay Contractor for recycling collection, zero dollars ($0) per month per approved City Building or Facility. 3.3 Single Family Residential Home. City shall pay Contractor for recycling collection, Four dollars and 80/100 per month ($4.80) per approved Single Family Residential Home. 3.4 Special Events. City shall pay Contractor for special event recycling collection, an amount up to Four Hundred dollars ($400.00) per approved Special Event up to 1,000-2,000 attendees. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 5 of 24 Special Events. City shall pay Contractor for special event recycling collection, an amount up to Eight Hundred dollars ($800.00) per approved Special Event up to 2,001-4,000 attendees. Special Events. City shall pay Contractor for special event recycling collection, an amount up to One Thousand dollars ($1,000.00) per approved Special Event up to 4,001-6,000 attendees. 3.5 Payment Application. The Contractor will invoice the City monthly for recycling collection. The City will pay the Contractor's invoice within thirty (30) days after City's receipt of invoice and acceptance of services according to the Texas Prompt Payment Act. 3.6 City's Payment and Approval. The City will pay Contractor for the services performed no later than thirty (30) days from the date of the City's receipt of the payment application and the City's approval of the services. If any amount due from the City is not paid within sixty (60) days after Contractor's invoice date, Contractor may, with written notice and without terminating this Agreement, suspend collecting and processing of Recyclable Materials until the City has paid any undisputed amount to Contractor. 3.7 Invoice Requirements. Invoices must state on a form approved by the City: a. The number and type of Customers collected for the previous month b. The per Customer charge c. The total invoice amount 3.8 Term. The term of this Agreement is for five (5) years, to begin on the Effective Date of this Franchise Ordinance and Service Agreement, pursuant to the City of College Station Charter. ARTICLE IV. GRANT OF AUTHORITY AND ACCEPTANCE 4.1 City grants Contractor a non-exclusive franchise to operate and establish recycling collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. 4.2 City grants Contractor passage and rights -of -way on, along, and across City streets, highways, alleys, public places and all other real property for recycling collection. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City's governmental and police powers. 4.3 By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 6 of 24 ARTICLE V. NON-EXCLUSIVE FRANCHISE 5.1 This is a non-exclusive franchise recycling Agreement. The City many enter into a contract with another entity for the collection, processing, and disposal of solid waste or Recyclable Materials not covered by the terms of this Agreement. If City develops services or programs resulting in other materials that may be recycled, including but not limited to multifamily or commercial recycling, the City shall have the option to market those to any contractor. 5.2 If City and Contractor contract for the collection and recycling of additional materials, those terms will be incorporated into this Agreement by amendment. ARTICLE VI. VIOLATION AND PENALTY 6.1 Fine. Any person, firm or corporation violating any provision or term of this Agreement shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 6.2 Complaint Charges. Upon receipt of three (3) unresolved Customer complaints within a forty-five (45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City's Representative. The City shall deduct such charges from the Contractor's monthly invoice. 6.3 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE VII. INDEPENDENT CONTRACTOR 7.1 Independent Contractor. The Contractor is an independent contractor retained for the services described in the Scope of Services. The City will not control the manner or the means of the Contractor's performance. The City shall be entitled to a work product as described in the Scope of Services. The City will not be responsible for reporting or paying employment taxes or other similar levies required by the United States Internal Revenue Service or other State or Federal agencies. This Agreement does not create a joint venture or partnership. ARTICLE VIII. INSURANCE 8.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 7 of 24 8.2 The Contractor's insurance shall list the City of College Station, its officials, agents, employees and volunteers as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. ARTICLE IX. INDEMNIFICATION AND RELEASE 9.1 INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, VOLUNTEERS, 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 WORK AND SERVICES DONE BY THE CONTRACTOR UNDER THIS AGREEMENT. SUCH INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, OR LIABILITY ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY, ANY OTHER PARTY INDEMNIFIED HEREUNDER, THE CONTRACTOR, OR ANY THIRD PARTY. 9.2 RELEASE. THE CONTRACTOR ASSUMES FULL RESPONSIBILITY FOR THE WORK TO BE PERFORMED HEREUNDER AND HEREBY RELEASES, RELINQUISHES, AND DISCHARGES THE CITY, ITS OFFICERS, AGENTS, VOLUNTEERS, 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 OR DEATH OF ANY PERSON AND ANY LOSS OF OR DAMAGE TO ANY PROPERTY CAUSED BY, ALLEGED TO BE CAUSED BY, ARISING OUT OF, OR IN CONNECTION WITH THE CONTRACTOR'S WORK AND SERVICES TO BE PERFORMED HEREUNDER. THIS RELEASE SHALL APPLY REGARDLESS OF WHETHER SAID CLAIMS, DEMANDS, AND CAUSES OF ACTION ARE COVERED IN WHOLE OR IN PART BY INSURANCE AND REGARDLESS OF WHETHER SUCH INJURY, DEATH, LOSS, OR DAMAGE WAS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ANY OTHER PARTY RELEASED HEREUNDER, THE CONTRACTOR, OR ANY THIRD PARTY. ARTICLE X. DISPUTES AND MEDIATION 10.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement's administration. The officers or 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 8 of 24 representatives shall meet within thirty (30) days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 10.2 Mediation. If the parties not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non -binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator's services. 10.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. ARTICLE XI. GENERAL TERMS 11.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services described in the Scope of Services in a professional manner and be fully qualified and competent to perform those services. Contractor shall undertake the work and complete it in a timely manner. 11.2 Termination. a. For Convenience. At any time, the City may terminate this Agreement for convenience, in writing with thirty (30) days' notice. Contractor shall be compensated for the services performed. In the event the City terminates this Contract for convenience, the City shall pay Contractor for the services performed and expenses incurred before the termination date. b. For Cause. City also may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. C. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 9 of 24 11.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 11.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 10.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 11.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statues, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 11.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 11.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 11.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 11.10 Entire Agreement. This Agreement represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 11.11 Agree to Terms. The parties' state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 11.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 11.13 Notice. Any official notice under this Agreement will be sent to the following addresses: 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 10 of 24 City of College Station Attn: Caroline Ask PO BOX 9960 1101 Texas Ave College Station, TX 77845 cask(a,cstx. eov Brannon Industrial Group, LLC DBA BVR Waste and Recycling Attn: Mr. Blake Brannon 1555 Hwy 36 N Brenham, TX 77833 bbrannon@bigcompany.com 11.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Scope of Services B. Insurance Requirements C. Certificates of Insurance D. List of Recyclable Materials E. Collection Method F. Collection Schedule 11.15 Public Meetings and Readings. This Agreement was passed adopted and approved according to Texas Government Code Chapter 551. a. First Consideration & Approval on the 1 Oth day of April, 2025. b. Second Consideration & Approval on the 24th day of April, 2025. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 11 of 24 PASSED, ADOPTED, and APPROVED by the City of College Station City Council on the 24th day of April a 202 5. BRANNON INDUSTRIAL GROUP, LLC DBA BVR WASTE AND RECYCLING By: 6At, 15ral A,6vu Printed Name: Blake Brannon Title: President Date: 3/26/2025 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement CITY OF COLLEGE STATION By: �ayr Date:4/30/2025 ATTEST: City Secretary Date: 4/30/202 5 APPROVED: 6rua v, f NbAs City Manager Date: 4/30/202 5 i6 , a. I�auSV City Attorney Date: 3/27/202 5 Assistant City Manager/CFO Date: 3/27/202 5 Page 12 of 24 EXHIBIT A. SCOPE OF SERVICES 1. Recyclable Materials Collection Services a. Services. Contractor shall collect, remove, transport process, market and recycle all Recyclable Materials generated by Customers according to Exhibit D. b. Receptacles. Contractor shall provide at the Contractor's expense and use collection receptacles with the approved specifications in this Agreement. Contractor shall maintain an inventory of at least 200 receptacles at the Contractor's facility. Receptacles shall be stenciled or labeled with the Customer's address. c. Duties. Contractor shall provide all reasonable, adequate, and necessary supervision, supplies, materials, equipment, labor, insurance, licenses and permits to fulfill all obligations under this Agreement. 2. Collection Procedures a. Notification. The City shall be responsible for educating Customers on recycling collection procedures. The Contractor shall be responsible for notifying customers of collection issues, via tagging or other appropriate mechanisms approved by the City Representative. b. Placement and Removal of Receptacles. Under no circumstances shall receptacles be placed on public streets, alleys, or thoroughfares without the City Representative's approval. Contractor shall provide receptacles to Customers within one week of receiving a service request from a Customer or the City Representative. Contractor shall remove receptacle(s) within one week of receiving a service request from a Customer or City Representative. c. Collection. Contractor shall collect the receptacles containing Recyclable Materials placed on the curb in the designated Customer location. Contractor shall use open bed trucks, trailers, compaction trucks, fully automated, semi -automated, or any combination thereof for the collection of the Recyclable Materials. d. Collection Schedule. Contractor shall collect Recyclable Materials according to the Collection Schedule attached in Exhibit F. The Collection Schedule must be approved by the City. Contractor may only collect Recyclable Materials according to the Collection Schedule, unless a change is approved in writing by the City's Representative. If a change is approved, Contractor must provide notice to each designated Customer at Contractor's expense and in a manner approved by the City Representative. At minimum, Contractor shall provide every other week collection to all Customer locations. e. Collection Times. Collection of Recyclable Materials must take place Monday — Friday and may not start before 8:00 a.m. and must be completed on the designated collection day unless appropriate communication has been submitted to the City Representative in 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 13 of 24 writing. Contractor shall notify the City's Representative within one (1) hour of any delay in the collection process. Notice of a delay must be accompanied by Contractor's proposal for completing the scheduled work. The proposal must be approved by the City's Representative. f. Missed Collections. Contractor shall submit missed (whether real or alleged) and extra re- collection procedures. Contractor shall have a duty to collect missed collections within (1) business day of notice and will provide notice of the missed collection as well as re- collection completion to the City Representative at the end of the business day. g. City Holidays. When a scheduled collection day falls on an official City holiday recognized by the City's Solid Waste & Recycling Division, recycling collection may be postponed by one (1) day. When a scheduled collection is postponed due to the observance of a holiday, the City shall notify the affected Customers of the holiday and their re- collection date. Notice shall occur no less than forty-eight (48) hours in advance of the observed holiday. A holiday collection schedule shall be provided to the Contractor annually. h. Force Majeure. Neither party shall be liable or responsible to the other party for any delay, damage, loss, failure, or inability to perform caused by Force Majeure. Contractor must submit a proposal for completing scheduled work within a reasonable time frame following a Force Majeure Event. The proposal shall be subject to approval by the City's Representative. a. The term Force Majeure shall include the following: an act of God, strike, act of a public enemy, war, mines or other items of ordinance, blockage, public rioting, lightning, fire, storm, hurricane, flood, explosions, inability to obtain materials, supplies, labor permits, servitudes, or rights of way, acts or restraints of any governmental authority, epidemics, landslides, lightning storms, earthquakes, washouts, arrests, restraints of rulers and peoples, civil disturbances, breakage or accident to machinery or lines of equipment, temporary failure of equipment, freezing of equipment, and any other cause, whether of the kinds specifically enumerated above or otherwise, which is not reasonably within the control of the parties and which by the exercise of due diligence could not reasonably be prevented or overcome. Events reasonably within the control of the party having the difficulty shall not constitute "force majeure" and shall be remedied with the exercise of due diligence. 3. Collection and Transport of Recyclables a. Collection. Contractor and contractor personnel shall perform duties in accordance with all existing laws and ordinances, and future amendments thereto of the federal, state, and local governing bodies. Contractor personnel shall manage curbside recycling receptacles in a careful manner as to avoid spillage, littering, or damage to the container; containers must not be thrown once emptied. Contractor must monitor for any spillage of materials, fluids and is responsible for cleaning up any litter, breakage, excessive leakage from 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 14 of 24 packing materials, or spills including automotive fluids such as hydraulic fluid, motor oil, diesel, and gasoline. Contractor must avoid property damage. Contractor personnel shall not perform duties or operate vehicles while consuming alcohol, illegally controlled substances, or while under the influence of other such substances. b. Transport. The Contractor shall only transport collected Recyclable Materials for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste intended for disposal or any other type of waste from any other project. c. Cover. During transport of all Materials, vehicles shall be covered to prevent release of wind-blown materials and litter. d. Ownership of Materials. Ownership of recyclable materials shall remain with the person placing them out for collection until the Contractor's personnel physically collects the materials, at which time the ownership of the recyclable materials shall transfer to the Contractor. 4. Appearance of Equipment and Personnel a. Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained, and are in good working condition. Equipment must be washed at least one (1) time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient Recyclable Materials collection. All collection equipment shall be equipped with spill kits. The City shall have the right to inspect and approve the appearance of recycling collection equipment. Standby vehicle(s) shall be available at all times for Recyclable Materials collection. b. Signage. Contractor's vehicles shall at all times be clearly labeled with Contractor's name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. c. Personnel. All collection personnel shall wear a City -approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work pants. 5. Processing and Marketing a. Marketing and Processing. Contractor is responsible for the marketing and processing costs/returns of all Recyclable Materials and Contaminated Materials. All Recyclable Materials shall be processed at certified, registered, or permitted recycling vendors, processing facilities, brokers, toll end users, material recovery facilities, or recycling manufacturers. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 15 of 24 b. Disposal. In no case shall any Recyclable Materials be disposed of in a landfill. Contaminated Materials or non -recyclable waste material collected by the Contractor shall be disposed of at Twin Oaks Landfill at the Contractor's expense. c. Market Demand. In the event that the market for a Recyclable Material ceases to exist, or becomes economically depressed in that it becomes economically unfeasible to continue Processing and Marketing of the Recyclable Material, the City and Contractor may agree in writing to remove the recycling requirement for the above -described and identified Recyclable Material from this Agreement. Before the City may consider Contractor's request for the removal of one or more Recyclable Material(s) from the collection stream, the Contractor shall provide adequate notice and sufficient evidence to the City, demonstrating the market's economically depressed conditions and the economically unfeasibility of continuing to Process and Market the Recyclable Material(s). 6. Reporting Requirements a. Activity Report. With the monthly invoice Contractor shall provide a Monthly Activity Report, on a form approved by the City, summarizing the previous month's collection. Contractor's report shall include the following information: i. The Customer collection count, itemized by customer type, collection day, and route. ii. Total tonnage of all Recyclable Materials collected, itemized by type of material. iii. Total tonnage of all Recyclable Materials collected, but not sold due to rejection and the disposition of those materials. iv. Container inventory update, including containers delivered, replaced, and removed.. V. Copy of weight tickets from all forms of processing site(s) in accordance with Section 5. Processing and Marketing. vi. Any other information concerning the recycling collection as required by the City's Representative. 7. Service Adjustments Changes in service including the type and size of equipment, the frequency or service type, and rates may only be amended in writing by and agreed upon by both parties. 8. Responsibility for Receptacle, Equipment, & Access Contractor furnished receptacles or equipment will remain Contractor's property. Customers shall only use the receptacle(s) for its proper and intended purpose and shall not overload (by weight or volume) or alter the receptacle. Customers shall provide safe and unobstructed access to the receptacles or equipment on the scheduled collection day. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 16 of 24 9. Receptacle Damages If the City determines a Customer intentionally or negligently damaged the Contractor's receptacles or equipment, as reported by the Contractor to the City Representative, the Contractor may invoice the Customer for the damages. It is the Customer's responsibility to file police reports for stolen or vandalized containers. 10. Inspection of Records and Operations a. Facilities. The City shall have the right to inspect the Contractor's facilities, equipment, personnel, and operations to ensure compliance with this Agreement. b. Records. The City shall have the right to inspect Contractor's records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of all materials collected, processed, disposed of and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclable Materials; as well as amounts paid by Contractor for recycling collection equipment. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. c. Records Retention. Contractor shall retain all records associated with this Agreement for a period of five (5) years after expiration or termination of this Agreement. City shall have access to information regarding Contractor's markets and prices paid for each type of material's return/cost; all information obtained by City shall remain confidential according to the Texas Open Records Act. 11. Customer Service Performance & Complaints Regarding Service a. Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues between the hours of 8:00am and 5:00pm, Monday -Friday, excluding holidays. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. Any missed collection, whether real or alleged, shall be the collection responsibility of the Contractor. b. Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City within one (1) business day of the complaint. Contractor shall log service complaints and include the nature of the complaint, names, addresses, and contact information of the complainants; the date and time received from the customer and/or City Representative; the outcome, and the date and time of resolution. Personnel Performance. Contractor shall retain sufficient personnel to fulfill the requirements and specifications of the services described in this agreement. Contractor shall provide a supervisor contact overseeing recycling collection operations. The supervisor shall be available to address 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 17 of 24 customer complaints each business day. Contractor personnel shall be trained in program operations and customer service to ensure all personnel maintain a positive attitude with the public. Personnel shall conduct themselves at all times in a courteous manner and use no abusive or foul language; perform duties in accordance with all existing laws, ordinances, and any future amendments thereto of the federal, state, and local governing boards; 12. Termination of Individual Service In the event Contractor desires to terminate service to any Customer, Contractor must send a written request and state the reason for termination to the City's Representative. The City's Representative shall have the right to review such request for a period of five (5) business days. The City's Representative shall make the final determination regarding any termination of individual service. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 18 of 24 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation II. General Requirements Applicable to All Policies: A. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. B. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance -approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. C. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per -occurrence basis only. D. The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. E. The City will not accept "claims made" policies. F. Coverage shall not be suspended, canceled, non -renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability A. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement listing the City as Additional Insured; an endorsement waiving subrogation rights in favor of the City; and further providing "primary and non-contributory" language with regard to self-insurance or any insurance the City may have or obtain. C. Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance E. The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 19 of 24 (insuring the indemnity provided herein), Host Liquor Liability, and Personal & Advertising Liability. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement listing the City as Additional Insured; an endorsement waiving subrogation rights in favor of the City; and further providing "primary and non-contributory" language with regard to self-insurance or any insurance the City may have or obtain C. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page E. The coverage shall include any autos, owned autos, leased or rented autos, non -owned autos, and hired autos. V. Workers' Compensation Insurance A. Workers' Compensation insurance shall include the following terms: I . Employer's Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required 2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy 3. 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" 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 20 of 24 EXHIBIT C. CERTIFICATES OF INSURANCE 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 21 of 24 DATE (MM/DD/YYYY) ,4coRo° CERTIFICATE OF LIABILITY INSURANCE 5/17/2025 3/6/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Lockton Companies, LLC NAME: 444 W. 47th St., Ste. 900 PHONE FAX (A/C. No. Ext): (A/C. No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: kcasu@lockton.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Fire and Casualty Company 24066 INSURED BRANNON INDUSTRIAL GROUP, LLC INSURER B : West American Insurance Company 44393 1550052 1555 HWY. 36 NORTH INSURER C : The Ohio Casualty Insurance Company 24074 BRENHAM TX 77833 INSURER D : Texas Mutual Insurance Company 22945 INSURER E : Lloyds of London [Alien Ins. ID: AA1120197] INSURER F : Navigators Specialty Insurance Company 36056 COVERAGES CERTIFICATE NUMBER: 21097228 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY1 (MM/DD/J A X COMMERCIAL GENERAL LIABILITY y Y BKS59827349 5/17/2024 5/17/2025 EACH OCCURRENCE $ 1,000,000 = CLAIMS -MADE FX] OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [X]PRO ❑ LOC JECT OTHER: B AUTOMOBILE LIABILITY X ANY AUTO y y BAW59827349 OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY H AUTOS ONLY C X UMBRELLA LIAB �' OCCUR N EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ 10,000 WORKERS COMPENSATION D AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NI N / A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E POLLUTION LIABILITY N F EXCESS UMBRELLA DAMAGE TO RENTED PREMISES Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 5/17/2024 5/17/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ XXXYAXX BODILY INJURY (Per accident) $ XXXYAXX PROPERTY DAMAGE accident) $ XXXXXXX $ XXXXXXX N US059827349 5/17/2024 5/17/2025 1 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ XXXXXXX $ XXXXXXX Y PER X I 0002012878 5/17/2024 5/17/2025 STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1.000.000 N PEN4844824AA 11/23/2024 11/23/2025 $3,000,000 LIMIT H024EXCZOGKS11C 5/17/2024 5/17/2025 $5,000,000 PER OCC DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of College Station, its officials, agents, employees & volunteers are additional insured on general liability and auto liability as required by written contract and subject to the terms and conditions of the policy. insurance is primary and non-contributory. waiver of subrogation in favor of the additional insured applies on general liability, auto liability and workers compensation/employer's liability, as required by written contract and where allowed by law. coverage is subject to the terms and conditions of the policy. excess/umbrella liability follows form for the underlying contract per the terms, conditions and coverages. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 21097228 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of College Station, its officials, agents ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management � PO Box 9960 AUTHORIZED REPRESENTATIVy / College Station, TX 77842 © 1988ORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT D. RECYCLABLE MATERIALS COLLECTED Required Materials 1. Aluminum Beverage Cans 2. Cardboard (OCC) 3. Catalogues 4. Glass: All Colors 5. Mixed Paper 6. Newspapers and Magazines/Ad Slicks 7. Paperboard 8. Plastic HDPE — high density polyethylene (all types and colors) 9. Plastic PETE — polyethylene terephthalate (all types and colors, not to include bags) 10. Shredded Paper 11. Steel Cans 12. Telephone Books 13. Tin Cans 14. White Paper Optional Materials 1. Aluminum a. Foil b. Trays c. Containers d. Other 2. Empty Steel Aerosol Cans 3. Paint Cans 4. Lead Acid Car Batteries 5. Plastic a. Plastic Bags — all resin types b. Plastic V/PVC — vinyl / polyvinyl chloride c. Plastic LDPE — low density polyethylene d. Plastic PP — polypropylene e. Plastic PS — polystyrene f. Plastic Other — other, combination of resins 6. Any other materials, deemed by the Contractor to be recyclable through proven processing methods and markets. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 22 of 24 EXHIBIT E. COLLECTION METHOD A. THE COLLECTION METHOD SHALL NOT INTERFERE WITH EXISTING CITY SERVICES, INCLUDING SOLID WASTE COLLECTION. B. The collection receptacle shall be easily identifiable and designated for recycling collection/use only. C. All collection receptacles shall be stenciled with the residential customer address (street name and number). D. Door side collection is required for qualified handicapped households. E. Adequate personnel, facilities and equipment shall be used in the administration, collection and processing of Recyclable Materials. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 23 of 24 EXHIBIT F. COLLECTION SCHEDULE A. The Offeror shall submit proposed collection routes and schedules. If the Offeror elects to alter the current collection method, routes or schedule, the Offeror must submit an implementation plan subject to the City's approval. B. The City requires collections to begin no sooner than 8:00 a.m. and shall be completed on the designated collection day. C. Collections shall take place Monday -Friday. D. Vendor shall provide a written schedule of proposed collection routes no later than _90 Days_ for review and approval by City of College Station Staff. 25300352 Single Stream Recycling Collection Franchise Ordinance & Service Agreement Page 24 of 24