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HomeMy WebLinkAbout1994-2063 - Ordinance - 04/27/1994ORDINANCE NO. 2063 AN ORDINANCE GRANTING BRYAN IRON AND METAL CO., INC. DIBIA TEXAS COMMERCIAL WASTE, ITS SUCCESSORS AND ASSIGNS, A 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 CERTAIN CURBSIDE COLLECTION OF RECY- CLABLE MATERIALS IN AN EXPERIMENTAL PROGRAM FOR THE CITY, 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 generated from within the corporate limits of the City of College Stabon includmg but not limited to recyclable materials; and WHEREAS, the City of College Station may, by ordinance and charter, grant fran- chises to other entities for the use of public streets, alleys and thoroughfares within the corporate limits of CITY and for the collection and disposal of solid waste gen- erated from within the corporate hilts of the City of College Station; and WHEREAS, the City of College Stabon desires to exercise the authority provided to it by ordinance and charter to grant a franchise for the continuation of an experi- mental program for the collection of certain recyclable materials on a weekly basis that is generated from within the corporate limits of the City of College Station; and WHEREAS, the City of College Station hereinafter referred to as "CITY", desires to grant this franchise to BRYAN IRON AND METAL CO., INC. d/bla TEXAS COM- MERCIAL WASTE, hereinafter referred to as "COMMERCIAL", under the terms of this Agreement as set out below, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT. i DEFINITIONS 1. Agreement Thru contract between CITY and COMMERCIAL for the collection of certain recyclable materials within the jurisdictional hm~ts of College Station, under certain terms and conditions set out herein 2. Brazos Valley Solid Waste Management Agency Also referred to as BVSWMA, a solid waste disposal agency comprised of the Cities of Bryan and College Station, located in Brazos County, Texas. Ordinance No. 2063 Page 2 3 City of College Station Also referred to as "CITY" ,n th~s Agreement. 4. City Counc, I. Also referred to as "Council", denot, ng the govermng body of the City of College Stat,on 5. Customers. Those residential premises as defined herein located within the CITY that generate recyclable materials 6. BRYAN IRON AND METAL CO., INC. dlbla TEXAS COMMERCIAL WASTE Hereinafter referred to as "COMMERCIAL". The party contracting with CITY for the collection of recyclable materials 7 Aluminum Beverage Cans A silvery-white ductile metalhc element, which can have color applied to ,t, used to form many hard, light corrosion-resistant beverage containers. 8. Bags. Clear plastic sacks of minimum 2.0 millimeter th,ckness designed to store recyclables w~th sufficient wall strength to maintain phys,cal integnty when lifted by the top Collect,on To be a m~nimum weekly curbside collection of recyclables 9 by COMMERCIAL 10. Glass A large class of materials that sohdify from the molten state without crystalhzation, which materials are divided into the clear, brown, and green color fam,lies for collection purposes 11. Household A domest,c establishment including the members of a family or others res d ng in structures ranging ,n s~ze from single family un,ts to duplexes and receiving ut,lities from CITY. The term household does not ~nclude four-plex units or apartment complex un~ts 12. Lead Ac,d Batteries The device for generating an electric current by chemical reaction utihzed ,n a self-propelled veh,cle 13 Newspaper and Magazines. A paper publicatmn containing news, articles and advertising In the context of this Agreement it shall also mean news- print, an inexpensive paper used chiefly for printing newspapers. 14 Recyclables or Recyclable Materials That solid waste designated on Schedule A to th~s Agreement for collection and sale wh,ch shall ,nit,ally be desig- nated as newspaper, glass, aluminum beverage cans, and lead acid batteries, but may be added to from t, me to time by mutual agreement of the parties pursuant to the terms of this Agreement or as added by mutual agreement of the parties through addendum to th,s agreement 15. S,ngle Family Residence A residence occupied by a "family", any number of related persons or not more than four (4) persons, any one of whom is Ordinance No 2063 Page 3 unrelated to another, living as a single housekeeping unit. This definition includes duplexes This definition does not include four-plexes or apartment umts. II. GENERAL DESCRIPTION OF SERVICES TO BE PROVIDED BY "COMMERCIAL" For and in consideration of the comphance by COMMERCIAL with the cove- nants and conditions herein set forth and the Ordinances and Regulabens of CITY governing the collection and disposal of recyclable materials, CITY hereby CITY to COMMERCIAL a franchise for use of designated public streets, alleys and thoroughfares within the corporate hmits of City for the limited purpose of providing certain curbside collection of recyclable materials from households within the jurisdictional limits of CITY The junsd~ctional limits of the CITY are as approved by the D~rector of Public Services III AUTHORITY FOR "COMMERCIAL" TO PROVIDE SERVICE CITY hereby grants to COMMERCIAL the privilege to collect from residential customers within the city hmits recyclable materials using clear plastic bags to be provided by COMMERCIAL. COMMERCIAL shall serve only those customers approved by the D~rector of Public Services or his delegate IV. DISPOSAL SITE TO BE USED It ,s anticipated that COMMERCIAL will sell the recyclables in accordance w~th Paragraph VI of this Agreement. Fa~ling such marketing or sale, and unless approved otherwise in wnting by CITY, COMMERCIAL shall utilize the BVSWMA landfill located on Rock Praine Road, College Station, Texas, or any other site des- ignated by CITY and BVSWMA for their municipal solid waste disposal for disposal of all recyclable materials collected by COMMERCIAL from within the corporate limits of the City of College Station V RATES TO BE CHARGED BY "COMMERCIAL" CITY shall pay to COMMERCIAL for the cost of curbmde recyclable collection $1.50 per month per household for collection from indiwdual single family residences. Said payment shall be paid by the tenth of each month w~th the first invoice to be sent to CITY following the first thirty (30) days of service by COM- MERCIAL and subsequent invoices to be sent to CITY monthly from that point forward Said invoice will be a gross billing showing the number of residences and/or apartments ~n the area served that month by COMMERCIAL, the per unit charge(s), and the total ~nvoice amount The amount billed by COMMERCIAL to CITY shall be for the residences mutually agreed upon and authorized in writing by CI'FY's D~rector of Public Services Ordinance No. 2063 Page 4 VI SALE OF RECYCLABLES COMMERCIAL shall uflhze its best efforts in finding available markets for the sale of the recyclables co ected under the terms of th~s Agreement. COMMERCIAL shall pay to CITY at the end of each month mon es generated from the sale of recy- clables collected in that month based upon the attached Schedule A to th s Agree- merit. Schedule A represents only a pricing schedule for sale of recyclables. Mate- hals rejected for resale by COMMERCIAL because they do not meet the descrip- tions sat out m Schedule A to th~s Agreement shall be accepted at the BVSWMA lanclf II at no additional cost to COMMERCIAL. If, dunng the term of th~s Agreement, alternate pricing can be dentifled and ,s more advantageous to the CITY, CITY shall adwsa COMMERCIAL in writing of this pricing. If COMMERCIAL ~s not w~lling to pay CITY for recyclables under th~s new pr~c, ng, CITY shall notify COMMERCIAL under the termination prov,sions of th~s Agreement of its intention to terminate this Agreement If said Agreement s terminated under this provision, CITY may at ~ts nnfion our~.hase COMMERC AL's equipment utihzed for collection of recyclab, l,es ~er t~is Agreement, at appraised value. Two (.2.) ap. praisals o.f s. ai.d..equip_m~a_?,Y appraisers mutually agreeable to both parties to tn s Agreement snal~ De conauc~ at CI'FY's expenses Purchase pnce shall be the average of the two (2) appraisals of said equipment. W th the payment of the sums collected, COMMERCIAL shall provide a monthly report to CITY, which report sha nclude the follow,ng ,nformation' 1 The total number of households available for collection from w~th~n the each month following collection CITY 2. The total number of households actually collected from within the CITY 3 Such information concerning business recyclable materials and pick- up as may be required by the Director of Pubhc Service. 4. The total poundage of recyclables actually collected in the CITY by COMMERCIAL 5. The total poundage of recyclables actually collected by COMMER- CIAL from within the CITY broken down by specific mater,al. 6 For each specific recyclable material, the sales price per pound for that month. Payment shall be tendered to CITY by COMMERCIAL by the tenth day of COMMERCIAL guarantees timely payment. $/I 7/~4 Ordinance No 2063 Page 5 In the event that COMMERCIAL fails to make timely payment as required by this Agreement, it shall be required on demand to post a deposit with CITY either by cash or assignment of certificate of deposit in a sum equaling e~ght (8) weeks aver- age payment amounts as calculated by using the preceding two (2) months' collec- tions and payment. Failure to post the required deposit shall constitute a breach of this agreement subject to the termination procedures provided in Article XV herein If COMMERCIAL fails to make payment for recyclable mater,als as provided herein within ten (10) days of the due date for the month, then the payment shall be considered delinguent. Upon such event, CITY shall give COMMERCIAL written notice of such dehnquency as provided herein. If payment is not received within ten (10) days from the date of written notice, CITY may at its option terminate the ~-oreement pursuant to terms of Article XV herein VII ACCESS TO RECORDS & REPORTING CITY shall have access to COMMERCIAL's records and all papers relating to the quality of recyclables collected, quantity of recyclables collected and sold, number of households served, amounts paid to COMMERCIAL from sale of recyclables, as well as amounts paid by COMMERCIAL for recycling collection equipment Further, CITY shall have access to information regarding COMMERCIAL's To markets and pr~cas paid for each type of material sold. the extent authorized by the Texas Open Records Act, all information obtained by CITY should remain confidential. Access by CITY to COMMERCIAL's records shall be provided to CITY upon reasonable notice to COMMERCIAL during COMMERCIAL's normal business hours. The following records and reports shall be filed quarterly with the Director of Public Services or his delegate A Reports of the results of all complaints and investigations received and action taken by COMMERCIAL B A listing of all COMMERCIAL accounts served and monthly revenue denved from recyclables collected in the CITY under the terms of th~s Agreement. VIII PLACEMENT OF BAGS CONTAINING RECYCLABLE WASTE All recyclable materials placed for service w~thln CITY shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall COMMERCIAL place bags on public streets, alleys and/or thoroughfares with- out the prior approval of the CITY. CiTY reserves the right to spaciflJ to Ordinance No. 2063 Page 6 COMMERCIAL the exact Iocetion of the recyclable materials containers or bags ~t collects for service in CITY. IX. COMPLAINTS REGARDING SERVICE/SPILLAGE COMMERCIAL shall deal with and receive directly and respond to any complaints pertaimng to service from their recyclable materials customers located within CITY. However, any such complaints received by CITY shall be forwarded to COMMERCIAL wthin twenty-four (24) hours of the,r receipt by CITY. COMMERCIAL shall respond to all complaints within twenty-four (24) ho.uts .of receiving notice of such complaint from CITY and shall report the action taKen to CITY Failure by COMMERCIAL to respond and report to CITY on action taken with n this twenty-four (24) hour per od may subject COMMERCIAL to a $25 00 per inc~dent charge from CITY payab e with the next payment due to C TY under Arbcle VI of this AOreement. COMMERCIAL agrees that during transport all vehicles used by COMMER- CIAL in the removal of recyclable materials shall be covered to prevent spillage, blowing, or scattering of refuse onto public streets or properties adjacent thereto · ecessa for the erformance of this franchise shall be in good All equipment n ry p. L s · ir A standb vehicle shall always be available COMMERCIA condlbon and repa. Y · s vehicles and containers shall at all bmes be c ear y marked with COMMERCIAL name and phone number m letters and numbers not less than three (3) inches in height. X. OBEISANCE OF LAWS COMMERCIAL a~irees that it shall comply w~th all laws, pohcies, ordinances, codes, rules and regulations of the United States, State of Texas, BVSWMA, Brazos County and the City of College Station with regard to the operation of the landfill and disposal of solid waste, including but not limited to the requirement that all persons on the landfill premises wear a hard hat All collections made hereunder shall be made by COMMERCIAL without unnecessary noise, disturbance, or commotion. Xl. PUBLIC AWARENESS PROGRAM CITY shall publicize to College Station residents the commencement of the residential cud)side recycling program n a manner which wdl encourage the public's use of the program CITY shall also prov de on-~lo ng publicity during the term of the Agreement as well as to continue to prowde printed educational material currently distributed to participants COMMERCIAL will assist CITY and any party designated by CITY that involved in public awareness for this Agreement, however, all authority for d,ssemi- 7/9,1 Ordinance No. 2063 Page 7 nation of education materials and promotions shall rest with the CITY. Assistance by COMMERCIAL shall consist of consultation and provision of information such as route maps as wall as collection schedules and shall include monetary support for advertising as fo lows COMMERCIAL shall pay CITY a total of $10,000.00 par year payable in semi-annual installments for the durat on of this Agreement, the first payment due w~th the s gn ng of th s agreement and a like payment on the first day of the anniversary of each six months thereafter All promot onal materials, adver- tisement, telev s on and radio announcements parta,ning to this Agreement will be implemented by and be subject to approval by CITY. CITY shall provide to COM- MERCIAL an annual accounting of the use of these funds. Xll. PERFORMANCE BY "COMMERClAL"ICOLLECTION GUIDELINES COMMERCIAL shall inibally provide and distnbute to each CITY household a sufficient supply of bags for the purpose of segregation and storage of materials to be co acted for recyc in~. COMMERCIAL shall not be required to provide partici- pating households add,bonal bags, if it is determined by CITY that the household requesting additional bags ,s using them for purposes other than those set out ,n this Agreement. COMMERCIAL shall collect said bags that are placed curbside for collection during regular CITY sohd waste collecbon hours of operation, as scheduled for the area in question. CITY households may obtain a re-supply of bags at designated distribution points to be determined by CITY and COMMERCIAL. COMMERCIAL shall acquire for the purpose of executing the collection efforts equipment acceptable to CITY with sufficient carrying capac,ty for the collec- tion from CITY households Each bag shall be placed at curbside for collection by 8:00 a.m. on the collection day which shall be designated by CITY. Hohdays observed by CITY solid waste collection crews shall be observed by COMMERCIAL. COMMERCIAL's collection routes shall be furnished to CITY and subject to revision by CITY if CITY deems it necessary The parbes understand and agree that the Agreement is for a voluntary participation recycling program and from time to time CITY may add or delete households along the collection route as more households begin or cease participation subject to the provisions set forth previously in this Agreement. Initially, recyclables to be collected by COMMERCIAL shall include glass, newspaper and magazines lead acid batteries, and aluminum beverage cans Upon wr tten mutua agreement of both parties and by addendum to this agreement, other recyclables can be added to the hst of recycables to be collected by COMMERCIAL. COMMERCIAL shall collect and dispose of by sale the designated recyclables as set out in Section IV of th~s Agreement COMMERCIAL shall use reasonable care and d~hgence ~n prowdlng collection service for designated recyclables. 05~17/~4 Ordinance No. 2063 Page 8 XlII OWNERSHIP OF RECYCLABLES At any time after recyclable mater,als have been placed out at curbside for collection, such recyclable materials shall be transferred to COMMERCIAL for the purpose of sale, and only the resident or business may take back such materials as resident desires until such recyclable materials have been collected by COMMER- CIAL at which time they shall become the property of COMMERCIAL, subject to a lien for the payment of CITY for sale of the recyclables under Article IV of this Agreement. XIV TRANSPORTATION OF RECYCLABLES COMMERCIAL shall transport the co ected recyclable materials to such location(s) as COMMERCIAL shall be permitted by CITY and other..appli .c~ble regulating agencies of the State of Texas or Federal Government to co,ect, store, process and re-transport for sale such recyclable materials. XV. FAILURE TO PERFORM In the event that COMMERCIAL abandons, fails or refuses to make curbside collections as required by this Agreement, except where the ~nability is due to force majeure, CITY shall be entit ed to term nate this Agreement upon notice and hear- ~ng. In such event that CITY considers that COMMERCIAL has fal ed to collect any designated route at the time and place required or has violated the provisions of Articles IV and VIII of this Agreement, it shall give written notice to COMMERCIAL of such failure and provide COMMERCIAL the opportunity to have a hearing before the City Council of College Station for such purpose A majonty vote of the Council ',OMMERC shall be required for a finding of failure to perform by (~ ;IAL. It is agreed by and between the parties that the decision of the parties shall be the equivalent of arbitration and final in all respects XVl UNDERSTANDINGS PERTAINING TO NON-EXCLUSIVITY It is understood by and between the parties that th,s Agreement constitutes the only agreements between the parties It is further understood and agreed that there are no other agreements between these parties with regard to the collection and disposal of recyclable materials and material ~n the CITY and that this Agreement does not authonze COMMERCIAL to utilize the streets, alleys or public ways to dispose of commercial, ~ndustrial, or residential solid waste other than the recyclable materials and waste as described herein Both part~es agree and understand that nothing ,n th,s agreement conveys to COMMERCIAL an exclusive franchise for the services described in th~s Agreement and that this Agreement ~s Ordinance No. 2063 Page 9 non-exclusive. CITY, however, acknowledges that it considers the recycling project an experimental one and does not anticipate expansion of the program beyond th~s Agreement. XVll CITY SERVICE COMMERCIAL agrees to provide free service to CITY during periodic C~ty clean-up campaigns and following natural d,sasters or Acts of God Said service shall be agreeable to both COMMERCIAL and CITY XVIII INTERRUPTION OF SERVICE OR DEFAULT A. Termination in Service. In the event that COMMERCIAL terminates service to any customer within the CITY's hmit for cause, COMMERCIAL must notify CITY by registered mad within forty-eight (48) hours of termination and state the cause of such termination. B. Excessive Interruption in Serv~ca. If the ~nterruption in service contin- ues for a period of seventy-two (72) hours or more, then it may constitute Fadure to Perform under this contract and CITY may invoke the provisions of Article XV of this Agreement (FAILURE TO PERFORM). XlX. RELEASE AND INDEMNIFICATION COMMERCIAL assumes full responsibdity for the work to be performed here- under, and hereby releases, rehnqu~shes, and discharges CITY, ~ts 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 persons (whether they be third persons, contractors or employees 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 part~es) caused by or alleged to be caused by, arising out of, or in connection with the grant of this franchise to COMMERCIAL whether or not said claims, demands and causes of action in whole or in part are covered by insurance. COMMERCIAL agrees to and shall indemnify and hold CITY harmless for any damage resulting from any act, omission, mistake, fault or default of COM- MERCIAL COMMERCIAL shall ~ndemmfy and hold CITY harmless from any and all injuries to or claims of adjacent property owners caused by COMMERCIAL, its agents, employees, and representatives. COMMERCIAL agrees to and shall indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all claims, losses, dam- Ordinance No. 2063 Page 10 ages, 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, aris ng out of or in connection with the work done by COMMERCIAL under this Agreement, regardless of whether such claims, losses, su ts ab litles, injuries, death or damages are caused ~n whole or in pert by the negligence, including but not imted to the contractua comperatve neg igence, concurrent negligence, or gross negligence, of CITY. INSURANCE For the duration of this Agreement, COMMERCIAL shall pr. ocure and main- tain at its sole cost and expense ~nsurence against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by COMMERCIAL, its agents, representatives, volunteers, employees, or subcontractors. COMMERCIAL's insurance shall be primary insurance with respect to the CITY its officials employees and volunteers. Any ~nsurence. or self-~nsur.anc9 maintained by the CITY, its officials, employees, or volunteers, snail be cons~aereo in excess of COMMERCIAL's insurance and shall not contribute to ~t. COMMERCIAL shall ~nclude any and all subcontractors as additional insured under its policies or shall furmsh separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Certificates of Insurance and endorsements shall be furmshed to CITY and approved by CITY before work commences. A. STANDARD INSURANCE POLICIES REQUIRED 1 2. 3 Commercial General Liability Policy Automobile L~ab~lity Policy Worker's Compensation Policy B. GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES 1 General Liability and Automobile Liability ~nsuranca shall be written by a carrier w~th a better rating in accordance with the current Best Key Rating Guide. 2 Only Insurance Carriers licensed and admitted to do business ~n the State of Texas will be accepted 3. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only Ordinance No 2063 Page 11 4. Claims Made Policies will not be accepted. 5. The City of College Station, its officials, employees and volun- teers, are to added as "Additional Insured" to the General Liability and the Auto- mobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officials, employees or volunteers. 6. A Waiver of Subrogation in favor of the City of College Station with respect to the General Liability, Automobile Liability, and Workers' Compensa- tion insurance must be included. 7 Each ~nsurance pohcy 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 8. Upon request, certified copies of all insurance policies shall be furnished to the C~ty of College Station C COMMERCIAL GENERAL LIABILITY 1. Min~mum Combined S~ngle Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 2 Coverage shall be at least as broad as Insurance service's Office form number CG OO OI 3. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. D. AUTOMOBILE LIABILITY 1. Minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 2. The Bus~ness Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E. WORKERS' COMPENSATION required Employer's L~abihty limits of $500,000/$500,00015500,000 are 2. City of College Station shall be named as Alternate Employer on endorsement WC 99 03 OI unless written through TWCARP. 3. Texas Waiver Of Our Right To Recover From Others Endorse- ment, WC 42 03 04 shall be ~ncluded ~n th~s policy 05/] ?/P4 Ordinance No 2063 Page 12 4. Texas must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, WY F. CERTIFICATES OF INSURANCE 1. Cert ficetes of nsurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions represent- ing and warranting the following' a The company is licensed and admitted to do bus~ness in the State of Texas. b. The ~nsurence set forth by the insurance company is underwritten on forms which have been approved by the Texas State Board of Insurance or ISO c Sets forth all endorsements as required above and insur- ance coverages as previously set forth herein d Shall specifically set forth the notice of cancellation, termination, or change in coverage provisions to the City of College Station. e. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. XXl. ASSIGNMENT Th s Agreement and the rights and obligations contained herein may not be assigned by COMMERCIAL without the specific pr or written approval of the City Council. XXll SAFETY COMMERCIAL shall perform the collection ~n accordance w~th appl~ceble laws, codes, ordinances and regulations of the Un~ted States, State of Texas, Brezos County, and City of College Station and in compliance with OSHA and other aws as they apply to its employees. It is the intent of the parties that the safety pre- ceut ons are a part of the co lect on techn ques for which COMMERCIAL is solely responsible. In the carrying on of the work here n provided for, COMMERC AL sha I use all proper skill and care, and COMMERCIAL shall exercise all due and proper precautions to prevent injury to any property person or persons. COMMERCIAL assumes responsibility and liability and hereby agrees to ndemnify the City of O~inanceNo.. 2063 Page 13 Co ege Station from any liability caused by COMMERCIAL's failure to comply with applicab e federal, state or local laws and regulat ons, concerning the maintenance of a safe and protected working environment, and the safe use and operat on of machinery and equipment in that working environment XXlll. AD VALOREM TAXES COMMERCIAL agrees to render all personal property utihzed in its $ohd waste operat on services in Brazos County to Brazos County Appraisal District so that said personal property located within the City on the first day of January in each year of the term of this agreement will be the subject of ad valorem taxation for the benefit of CITY XXlV NOTICES All not ces requ red under the terms of this Contract to be given by either party to the other shall be in wr t ng, and unless otherwise specified in writing by the respective parties, shall be sent to the parties at the addresses fo lowing: City of College Station P.O. Box 9960 College Station, Texas 77842 COMMERCIAL. Bryan Iron And Metal Co., Inc dA)ia Texas Commercial Waste P.O Box 291 Bryan, Texas 77806 All notices shall be deemed to have been properly served only if sent by Registered or Certified Mall to the person(s) at the address designated above, or to any other person at the address that e~ther party may hereinafter designate by writ- ten notice to the other party XXV. AMENDMENTS It ~s hereby understood and agreed by the parties to this Agreement that no alternation or variation to the terms of this Agreement shall be made unless made in writing, approved by both parties, and attached to this Agreement to become a part hereof Ordinance No 2 0 6 3 Page 14 XXVI SEVERABILITY If any section, sentence, clause or paragraph of this Ordinance is for any reason held to be invalid or illegal, such mvahdity shall not effect the remaining porbons of the Ordinance XXVlI. AUTHORIZATION TO EXECUTE The parties s,g[~ing this Agreement shall provide adequate proof of their authority to execute this Agreement This Agreement shall inure to the bene.flt of and be binding upon the parties hereto and their respective successors or assigns, but shall not be assignable by e~ther party without the written consent of the other party. XXVlII. TERM OF AGREEMENT The term of th~s Agreement shall be for a per od beginning with the signing of this Agreement and ending September 30, 1995 Upon the expiration of the initial period and un ess either party gives wntten not ce by registered mall postmarked more than s xty (60) days prior to the terminat on date, this Agreement s.hall auto- matically renew and shall continue in full effect on a month-to-month basis. If the Agreement is automatically renewed on a month-to-month basis, termination by either party may only be proper upon written notice by registered mail postmarked more than sixty (60) days pnor to the intended termination date. ACCEPTANCE OF AGREEMENT That COMMERCIAL shall have s~xty (60) days from and after the final passage and approval of th~s Ordinance in accordance w~th Charter Section 120 to file its written acceptance thereof w~th the City Secretary, and upon each accep- tance being filed, this Ordinance shall take effect and be in force from and after the date of its acceptance, and shall effectuate and make binding the agreement provided by the terms hereof. PUBLIC HEARING It is hereby found and determined that the meetings at which this ordinance was passed were open to the public, as required by Article 6252-17, V.AT C.S, and that advance public notice of time, place, and purpose of said meetings was given ]s/c/ordman/b:commer 05/17/94 Ordinance No. 2063 Page 15 PASSED, ADOPTED and APPROVED by unanimous vote of the City Council of the C~ty of College Station on th~s the ~ day of A_~:r ~ 1 ,1994, APPROVED: First Consideration & Approval: t4a,-~h 24. 1994 Second Cons~derabon &Approval' A?-il ]3. [gg4 Third Consideration &Approval' Aor~_3. 27. ~.gg4