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