HomeMy WebLinkAbout2011-3317 - Ordinance - 02/10/2011ORDINANCE NO. 2DI 1- 3311
2010 AMENDMENT TO THE ORDINANCE GRANTING A NONEXCLUSIVE
FRANCHISE WITH BRAZOS VALLEY RECYCLING
WHEREAS, the CITY passed Ordinance No. 3003 on September 27, 2007, entered into
a franchise agreement with BRAZOS VALLEY RECYCLING; and
WHEREAS, BRAZOS VALLEY RECYCLING and the CITY desire to amend the
franchise agreement with Ordinance No. 3003 by adding Food Waste Collection and Recyclable
Collection Service to the franchise (attached hereto as Exhibit A); and
WHEREAS, BRAZOS VALLEY RECYCLING and the CITY agree that all mutual
covenants, agreements, terms and conditions, and valuable consideration from the original
franchise will remain in effect and will apply to this amendment; and
WHEREAS, the College Station City Council must approve this amendment
NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual
covenants and promises contained herein, BRAZOS VALLEY RECYCLING and CITY agree and
contract as follows:
To amend the original franchise agreement sections I - XII, all other sections will remain
in full effect and the amendment is to read as follows:
AN ORDINANCE GRANTING CCAA, LLC, D/B/A BRAZOS VALLEY 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
ENGAGING IN THE BUSINESS OF COLLECTING DEMOLITION AND CONSTRUCTION
DEBRIS, RECYCLABLES, AND FOOD WASTE FOR THE PURPOSE OF RECYCLING;
PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS
UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE
CONSIDERATION; FOR PERIOD OF GRANT; FOR ASSIGNMENT; FOR METHOD OF
ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL
INVALIDITY AND ASSESSING A PENALTY FOR VIOLATION.
WHEREAS, the City of College Station, by ordinance, provides exclusively all solid
waste collection and disposal services for solid waste generated from within the corporate limits
of the City of College Station; and
WHEREAS, the City of College Station may, by ordinance and charter, grant franchises
to other entities for the use of public streets, alleys and thoroughfares within the corporate limits
of the City of College Station 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 and disposal of a certain
classification of solid waste generated within the corporate limits of the City of College Station
under the terms of this Franchise Agreement as set out below; and
WHEREAS, CCAA, LLC d/b/a BRAZOS VALLEY RECYCLING desires to obtain a
franchise to provide for the collection, hauling and disposal of construction debris solid waste,
recyclables, and food waste from the City of College Station;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEGE STATION, TEXAS, THAT:
1.
DEFINITIONS
1. Franchise Agreement means this franchise between the City of College Station
and CCAA, LLC d/b/a BRAZOS VALLEY RECYCLING for provision of a roll-off container
demolition and construction debris or recyclables collection service and compactors or
containers for the collection of food waste for the purpose of recycling within the City of College
Station, under certain terms and conditions set out herein.
2. BRAZOS VALLEY RECYCLING means CCAA, LLC d/b/a BRAZOS
VALLEY RECYCLING conducting the roll-off container demolition and construction debris
collection service, recyclable collection service for multifamily apartments and commercial
businesses, and the food waste compactor or container service for the purpose of recycling.
3. Brazos Valley Solid Waste Management Agency or BVSWMA means a landfill
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 through an interlocal agreement.
4. City of College Station or CITY means the City of College Station, Texas a
Home-Rule Municipal Corporation incorporated under the laws of Texas.
5. City Council or "COUNCIL" means the governing body of the City of College
Station, Texas.
6. Compactor means a packer solely used for the disposal and collection of food
waste. Food waste compactors shall be clearly marked as such.
7. Customers means those industrial, residential, and/or commercial premises
located within the CITY that generate demolition and construction debris or food waste.
8. Demolition and Construction Debris means any building material waste resulting
from demolition, remodeling, repairs, or construction as well as materials discarded during
periodic temporary facility clean-up generated within the CITY.
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9. Food Waste shall mean disposed foods that have been recovered from the solid
waste stream for the purposes of reuse or reclamation. Food Waste is not solid waste, unless it is
abandoned or disposed rather than reprocessed into another product.
10. 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.
11. Roll-Off Containers or container means that type of solid waste industry container
loaded by winch truck or hook not to exceed thirty (30) cubic yards in volume.
II.
GRANT OF NONEXCLUSIVE FRANCISE
For and in consideration of the compliance by BRAZOS VALLEY RECYCLING with
the covenants and conditions herein set forth CITY hereby grants to BRAZOS VALLEY
RECYCLING a NONEXCLUSIVE franchise for use of designated public streets, alleys and
thoroughfares within the corporate limits of City for the sole purpose of engaging in the business
of collecting demolition and construction debris, recyclables from multifamily apartments and
commercial businesses, and food waste for the purpose of recycling within the jurisdictional
limits of CITY using roll-off containers or compactors solely for the purpose of food waste.
III.
DISPOSAL SITE TO BE USED
Unless approved otherwise in writing by ASSISTANT DIRECTOR OF PUBLIC
WORKS, BRAZOS VALLEY RECYCLING shall utilize the BVSWMA landfill located on
Rock Prairie Road, College Station, Texas or any other site designated for their municipal solid
waste disposal for the disposal of all non-recyclable demolition and construction debris collected
by BRAZOS VALLEY RECYCLING under this Franchise Agreement. BRAZOS VALLEY
RECYCLING shall not dispose of any asbestos or other hazardous wastes at the BVSWMA
landfill.
IV.
RATES TO BE CHARGED BY BRAZOS VALLEY RECYCLING
Attached hereto as Exhibit "A" and incorporated herein by reference is the Schedule of
Rates, which BRAZOS VALLEY RECYCLING shall charge for the aforementioned services.
The rates provided herein shall be renegotiated at any time that the costs to the company of doing
business have increased, due to the operation of new governmental regulation or due to increased
costs of material or labor required to provide the services hereunder, or due to increased costs of
disposal in a landfill operation. BRAZOS VALLEY RECYCLING agrees to use due diligence
to keep costs from increasing.
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V.
PAYMENTS TO CITY
For and in consideration of the grant of the franchise herein, BRAZOS VALLEY
RECYCLING 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.
A fee equivalent to five percent (5%) of BRAZOS VALLEY RECYCLING's monthly gross
delivery and hauling revenues generated from BRAZOS VALLEY RECYCLING's provision of
demolition and construction debris roll-off container, recyclable collection service for
multifamily apartments and commercial businesses, and food waste compactor or container
collection services within the CITY excluding landfill tipping charges is required if BRAZOS
VALLEY RECYCLING reports aggregate recycling of at least sixty percent (60%) of
demolition and construction debris collected.
A fee equivalent to six and one half percent (6.5%) of BRAZOS VALLEY RECYCLING's
monthly gross delivery and hauling revenues generated from BRAZOS VALLEY
RECYCLING's provision of demolition and construction debris roll-off container, recyclable
collection service for multifamily apartments and commercial businesses, and food waste
compactor or container collection services within the CITY excluding landfill tipping charges is
required if BRAZOS VALLEY RECYCLING reports aggregate recycling of at least fifty-five
percent (55%) but less than sixty percent (60%) of demolition and construction debris collected.
A fee equivalent to eight percent (8%) of BRAZOS VALLEY RECYCLING's monthly gross
delivery and hauling revenues generated from BRAZOS VALLEY RECYCLING's provision of
demolition and construction debris roll-off container, recyclable collection service for
multifamily apartments and commercial businesses, and food waste compactor or container
collection services within the CITY excluding landfill tipping charges is required if BRAZOS
VALLEY RECYCLING reports aggregate recycling less than fifty-five percent (55%) of
demolition and construction debris collected.
The exclusion is limited only to the amount BVSWMA charges BRAZOS VALLEY
RECYCLING for landfill tipping charges. Any revenue received by BRAZOS VALLEY
RECYCLING in excess of the landfill tipping charges will be subject to the franchise fee and
shall be computed into BRAZOS VALLEY RECYCLING 's monthly gross delivery and hauling
revenue. Said payment shall be paid quarterly to the City Manager or his delegate 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.
Failure by BRAZOS VALLEY RECYCLING to pay any amount due under this franchise
constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV
of this Franchise Agreement (FAILURE TO PERFORM).
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VI.
ACCESS TO RECORDS & REPORTING
CITY shall have the right, upon reasonable notice, to inspect during normal business
hours BRAZOS VALLEY RECYCLING's records, billing records of those customers served by
BRAZOS VALLEY RECYCLING and all papers relating to the operation of demolition and
construction debris, recyclable collection service for multifamily apartments and commercial
businesses, and food waste collection and disposal within the CITY. BRAZOS VALLEY
RECYCLING shall cooperate in allowing CITY to conduct the inspections.
Along with the payment to the CITY of the CITY's agreed share of revenue from the delivery
and hauling of demolition and construction debris, recyclable commodities, and food waste,
BRAZOS VALLEY RECYCLING shall provide a Monthly Recycling Activity Report that shall
be due to the CITY no later than the twentieth calendar day of each month and summarizing
recycling activity for the previous calendar month. BRAZOS VALLEY RECYCLING's report
shall include the following information:
1. Summaries of tonnage of all recyclable commodities collected from all customers,
broken down by commodity.
2. Summaries of tonnage of demolition and construction debris, recyclable
commodities, and food waste collected from all customers.
3. Summaries of tonnage of demolition and construction debris, recyclable
commodities, and food waste collected only in the CITY.
4. Reports of the results of all complaints and investigations received and action taken
by BRAZOS VALLEY RECYCLING.
5. A listing of all BRAZOS VALLEY RECYCLING accounts served and monthly
revenue derived from roll-off containers and food waste compactors placed in the
CITY under terms of this franchise. The reports will include customer's address,
frequency of pick-up, size of container, and monthly charges.
6. Such information concerning the business of collection, processing and marketing of
recyclable materials as may be required by the City's representative.
VII.
PLACEMENT OF ROLL-OFF CONTAINERS OR COMPACTORS FOR FOOD WASTE
All roll-off containers and food waste compactors or containers placed in service shall be
located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall
BRAZOS VALLEY RECYCLING place containers or food waste compactors or containers on
public streets, alleys and/or thoroughfares without the prior written approval of the CITY. CITY
reserves the right to designate the exact location of any or all roll-off container(s) and food waste
compactor(s) or container(s) placed in service in the CITY.
BVR Franchise Amendment for Food Waste Collection Page 5
The collection of recyclable commodities and food waste collection shall not interfere
with the City's collection of municipal solid waste, and BRAZOS VALLEY RECYCLING is not
permitted to collect or transport municipal solid waste.
VIII.
CONTAINER AND EQUIPMENT MAINTENANCE
BRAZOS VALLEY RECYCLING agrees to properly maintain in a safe, clean and
sanitary condition, and paint all roll-off containers and food waste compactors or containers
placed out for service within the CITY. Food waste compactors or containers shall be clearly
marked as used for "Food Waste Only" in letters at least twelve inches (12") on the sides of the
compactor.
All equipment necessary for the performance of this franchise shall be in good condition
and repair.
All vehicles used by BRAZOS VALLEY RECYCLING in the removal of demolition and
construction debris, recyclable commodities, and food waste 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.
BRAZOS VALLEY RECYCLING's vehicles shall at all times be clearly marked with
BRAZOS VALLEY RECYCLING's name, address, telephone number and if applicable, state
permit number, in letters not less than three (3) inches in height.
IX.
COMPLAINTS REGARDING SERVICE/SPILLAGE
BRAZOS VALLEY RECYCLING shall handle directly any complaints pertaining to
customer service, property damage or personal injury from their roll-off container or food waste
compactor service. Any such complaints received by CITY shall be forwarded to BRAZOS
VALLEY RECYCLING within twenty-four (24) hours of their receipt by CITY. BRAZOS
VALLEY RECYCLING 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. Failure by BRAZOS VALLEY RECYCLING to respond and
report to CITY on action taken within this twenty-four (24) hour period may subject BRAZOS
VALLEY RECYCLING to a $50.00 per incident charge from CITY payable with the next
payment due CITY under Article V of this Franchise Agreement.
X.
COMPLIANCE WITH LAWS
BRAZOS VALLEY RECYCLING shall comply with all applicable federal, state and
local laws, policies, rules and regulations, and ordinances with regard to the collection, hauling
and disposal of solid waste, including but not limited to the requirement that all persons on the
BVR Franchise Amendment for Food Waste Collection Page 6
BVSWMA landfill premises wear a hard hat. All operations conducted by BRAZOS VALLEY
RECYCLING shall be conducted without unnecessary noise, disturbance, or commotion.
XI.
UNDERSTANDINGS PERTAINING TO NON-EXCLUSIVITY
This Franchise Agreement contains all the terms and conditions agreed on by the parties
and no other agreements, or otherwise, regarding the subject matter of this franchise shall be of
any force or effect.
Both parties agree and understand that nothing in this Franchise Agreement conveys to
BRAZOS VALLEY RECYCLING an exclusive franchise for the services described in this
franchise and that this franchise is nonexclusive.
XII.
OWNERSHIP OF MATERIALS
Sole and exclusive title to all demolition and construction debris, recyclable
commodities, and food waste collected by BRAZOS VALLEY RECYCLING under this
Franchise Agreement shall pass to BRAZOS VALLEY RECYCLING when said debris is placed
on BRAZOS VALLEY RECYCLING's truck.
BVR Franchise Amendment for Food Waste Collection Page 7
First Consideration & Approval on the
Second Consideration & Approval on the
qT►t day of p$t>:M4aE1L, 2010
IS-0 day of JA 04)*w .K ,X16 20+~
Third Consideration & Approval on the 1 OTN day of ff-S i-OA" g ZQ+~
PASSED, ADOPTED and APPROVED by the City of College Station City Council on
this the /O& day of.~ 2014.
CCAA, LLC, D/B/A
BRAZOS VALLEY RECYCLING
By:/~//X/
Printed Name: -
Title:
Date: /7-» /lo
CITY OF COLLEGE STATION
By:
Mayor v v
Date: 2 -11 -11
ATTEST:
City Secret y ~P
Date: 2- 1? 11
APPROVED:
1 0AI
City Manager
Date::
City Attorney
Date: Z- 4-
C f nancia Lfffifi v
D e: Z
BVR Franchise Amendment for Food Waste Collection Page 8