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HomeMy WebLinkAbout1995-2128 - Ordinance - 06/09/1995ORDINANCE NO. 2128 AN ORDINANCE GRANTING AMERICAN MEDICAL WASTE MANAGEMENT, INC., ITS SUCCESSORS AND ASSIGNS, A FRANCItlSE 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 AND DISPOSAL OF TREATED AND UNTREATED MEDICAL WASTE FROM VARIOUS HEALTH CARE FACILITIES WITHIN THE CITY LIMITS; 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 AND FOR PARTIAL INVALIDITY. WHEREAS, the City of College Station, by ordinance, provides exclusively all treated and untreated medical waste collection and disposal services for treated and untreated medical 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 CITY and for the collection and disposal of treated and untreated medical wastes generated from within the corporate lmuts of the City of College Station; and WHEREAS, the City of College Station hereinafter referred to as "CITY", desires to grant this franchise to American Medical Waste Management, Ine, hereinafter referred to as "COMPANY", under the terms of this Agreement as set out below NOW, THEREFORE, BE IT ORDAINED BY THE CITY COI_rNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: DEFINITIONS 1. Agreement This contract between the Ctty of College Station and American Medical Waste Management Waste, Inc. for provision of certain medical waste collection service within College Station, under certain terms and conditions set out herein 2 Ctty of College Statton. Also referred to as "CITY" m this Agreement. trw t orthnance/mecbvaste Ordinance No. 23.28 Page 2 3. City Council. Also referred to as "Council" denoting the governing body of the City of College Station. 4. Brazos galley $ohd Waste Management ,4geney. Also referred to as BVSWMA. 5. Customers. Those health care related facilities located with the CITY that generate treated and untreated medical waste. 6. Medical Wastes. Special waste generated by health care related facilities and associated with health care activities including bulk human blood, blood products, microbiological wastes, pathological waste and sharps. 7. TreatedMedicai Waste. Any special waste generated by health care related facilities and associated with health care activities that has been treated in accordance with the provisions of 30 TAC 330.1001-.1010. These approved treamtent methods include chemical disinfection, incineration, encapsulation (only for sharps in covt~iners), steam disinfection, thermal inactivation, chlorine disinfection/maceration and moist heat disinfection. 8. Untreated Medical Waste. Any special waste generated by health care related facilities and assocnted with health care activities that has not been treated in accordance with the provisions of 30 TAC 330 1001- 1010. 9. ,4merican Mechcal Waste Management, Inc. Herein after referred to as "COMPANY". The party contracting with CITY for provislon of certain medical waste collection service within College Station. GENERAL DESCRIPTION OF SERVICES TO BE PROVIDED BY COMMERCIAL WASTE For and in consideration of the compliance by COMPANY with the covenants and conditions herein set forth, and the Ordmances and Regulations of the City governing the collection and disposal of treated and unireated medical waste, CITY hereby grants to COMPANY a franchise for use of designated public streets, alleys, and thoroughfares within the corporate limits of City of the sole purpose of engaging in the business of collecting and disposing of treated and untreated medical waste from various health care related facilities within the jurisdictional limits of CITY, as approved by the Director of Public Services or his delegate. rrw/c /ordmance/tnedwaste Ordinance No. 212 8 Page 3 III. AUTHORITY FOR COMMERCIAL WASTE TO PROVIDE SERVICE CITY hereby grants to COMPANY thc privilege to collect from various health care related facilities within the City lunits treated and untreated medical waste. COMPANY shall serve only those customers approved by the Director of Public Services or his delegate. DISPOSAL SITE TO BE USED Unless approved otherwise in writing by CITY, COMPANY shall utilize the BVSWMA landfill located on Rock Prairie Road, College Station or any other site desi~o~*ted by CITY for its municipal solid waste disposal for disposal of all heated medical waste collected by COMPANY from within the corporate limits of the City of College Station. V® RATES TO BE CHARGED BY COMPANY Attached hereto is Exhibit "A" and incorporated herein by reference is the Schedule of Rates which COMPANY shall charge for the aforementioned services, such Schedule of Rates may be revised periodically and must be submitted to the Director of Public Services or his delegate upon each revision and will be attached to the original franchise agreement. VIe PAYMENTS TO CITY For and in consideration of the use of designated streets, alleys, and thoroughfares as well as in consideration of the covenants and agreements conlained herein, COMPANY agrees and shall pay to CITY upon acceptance of this Agreement and thereafter during the term hereof, a sum equivalent to five percent (5%) of COMPANY's monthly gross delivery and hauling revenues generated from COMPANY's provision of collecting and disposing of treated and untreated medical waste services within the CITY. Said payment shall be paid quarterly to the CITY's Finance Depm hnent and shall be due by the twentieth of the month following the end of the previous quarter. Payment after that date shall revolve a ten percent (10%) penalty on the outstanding amount owed under this article, after written notice by CITY, may constitute Failure to Perform under this contract and CITY may invoke the provisions of Article XV of this Agreement (FAILURE TO PERFORM). rnv/c /ordmance/medwaste Ordmance No. 2128 Page4 VII. ACCESS TO RECORDS & REPORTING CITY shall have access to COMPANY's records, billing records of those customers served by COMPANY and all papers relating to the operation of treated and untreated medical waste collection and disposal with CITY. Access by CITY to COMPANY's records shall be provided to CITY upon reasonable notice to COMPANY during COMPANY's normal business hours. The following records and reports shall be filed monthly with the Director of Public Services or his delegate: Reports of the results of all complaints and investigations received and actions taken by COMPANY. A listing of aH COMPANY's accounts served and monthly revenue derived from collections made in the CITY under the terms of this Agreement. The reports should include customers name, address, frequency of pick-up, number of containers, pounds of waste collected by customer separated by treated and untreated, and monthly charges. VII]. COMPLIANCE COMPANY agrees to comply with all regulations and ordinances issued by the Texas Natural Resource Conservation Commission and the City of College Station. COMPLAINTS REGARDING SERVICE/SPILLAGE COMPANY shall deal with and receive directly any complaints pertaining to service from customers located within CITY. However, any such complaints received by CITY shall be forwarded to COMPANY within twenty-four (24) hours of their receipt by CITY. COMPANY shall respond and report to CITY on action taken within this twenty-four (24) hour period which may subject COMPANY to $25.00 per incident charge from CITY payable with the next payment due to CITY under Article VI of this Agreement. rrw/c /ordmance/rnedwaste Ordinance No. 2].28 Page COMPANY agrees that during iransport all vehicles used by COMPANY shall be covered to prevent spillage, blowing, or scattering of waste onto public streets or properties adjacent thereto. All equipment necessary for the performance of this franchise shall be in good condition and repair. A standby vehicle shall always be available. COMPANY's vehicles shall at all times be clearly marked with COMPANY's name and TNRCC registration number in letters not less than three (3) inches in height. Xw OBEYANCE OF LAWS COMPANY agrees that it shall comply with all laws, policies, rules, and · regulations of the United States, State of Texas, BVSWMA, Brazos County and City of College Station with regard to the collection and disposal of medical waste. All collections made hereunder shall be made by COMPANY without nnnecessaly noise, disturbance, or commotion. XIe UNDERSTANDINGS PERTAINING TO NON-EXCLUSIVITY It is understood by and between the parties that this Agreement constitutes the only agreement 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 treated and untreated medical waste in the CITY and that this Agreement does not authorize COMPANY to utilize the streets, alleys or public ways for any other reason other than to collect and dispose of treated and untreated medical waste. Both parties agree and understand that nothing in this agreement conveys to COMPANY an exclusive franchise for the services described m this Agreement and that this Agreement is non- exclusive. XII. OWNERSHIP OF MATERIALS COLLECTED Sole and exclusive title to all treated and untreated medical waste collected by COMPANY under this Agreement shall pass to COMPANY when said waste is placed on COMPANY's track. XIII. CITY SERVICE COMPANY agrees to provide free service to CITY during periodic City clean-up campaign and following natural disasters or Acts of God Said senace shall be agreeable to both COMPANY and CITY rrw,c /ordmance/medwazte Ordinance No. 2128 Page 6 XIV. INTERRUPTION OF SERVICE OR DEFAULT A. Terminatton of Service. In the event that COMPANY terminates service to any customer within the CITY's limit for cause, COMPANY must notify CITY through registered mail within forty-eight (48) hours of termination and state the cause of such termination. B. Excessive Interruption in Servwe. If the COMPANY's interruption in service continues for a period of seventy-two (72) hours or more, then it may constitute Failure to Perform under this cunlract and CITY may invoke the provisions of Article XV of this Agreement (FAILURE TO PERFORM). XV. FP. HJURE TO PERFORM It is expressly understood and agreed by the parties that if at any time COMPANY shall fail to perform any of the terms, covenants, or conditions herein set forth, CITY may after a hearing as described herein, revoke and cancel the Agreement by and between the parties and said Agreement shall be null and void Upon the determination by the staff of CITV that a hearing should be held before the Council of said CITY, CITY shall mail notice to COMPANY, at the address designated herein or at such address as may be designated fi.om lime to time, by registered mail. The notice shall specify the time and place of the hearing and shall include the allegations being asserted for the revocation of this Agreement. The hearing shall be conducted in public before the City Council and COMPANY shall be allowed to present evidence and be given an opportunity to answer all reasons for the termination set forth in the notice. In the event that the Council determines that the allegations set forth are Irue as set forth in the notice it may by majonty vote cancel this Agreement between the parties at no penalty to the CITY. XVI. INDEMNIFICATION In the event CITY is damaged due to the act, omission, mistake, fault or default of COMPANY, the COMPANY shall indemnify and hold CITY harmless for such dema§e. COMPANY shall not dispose of any prohibited, special or other hazardous waste at the BVSWMA landfill. COMPANY is to indemnify and hold CITY harmless for any disposal of any prohibited material whether intentional or inadvertent. Ordinance No. 2'128 Page 7 COMPANY shall indemnify and hold CITY harmless from any and all injuries to or claims of adjacent property owners caused by COMPANY, its agents, employees, and representatives. COMPANY agrees to and shall indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and 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 done by COMPANY under this contract, regardless of whether such injuries, death or damages are caused in whole or in part by the negligence, including but not limited to the contractual comparative negligence, concurrent negligence or gross negligence, of CITY XVII. INSURANCE COMPANY shall procure and maintain at its sole cost and expense for the duration of the Agreement insurance against claims for injuries to persons or damages to properW which may arise from or in connection with the performance of the work hereunder by COMPANY, its agents, representatives, volunteers, employees or subcontractors. COMPANY's insurance coverage shall be primary insurance with respect to the CITY, its officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, employees or volunteers shall be considered in excess of the COMPANY's insurance and shall not contribute to it. COMPANY shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Certificates of Insurance and endorsements shall be furnished to CITY and approved by CITY before work commences. A. Standard Insurance Pohctes Requtred. Commercial General Liability Policy Automobile Liability Policy Workers' Compensation Policy rrw/c /ordtnance/medwavle Ordinance No. 2128 Page g General Requirements Applicable to all Pohctes: 1. General Liability and Automobile Liability insurance shall be written by a carrier with a A better rating in accordance with the current Best Key Rating Guide. 2. Only Insurance Carriers licensed and admitted to do business in 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. 4 Claims Made Policies will not be accepted. 5. The City of College Station, its officials, employees and volunteers are to be added as "Additional Insured" to the General Liability and the Automobile 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' Compensation insurance must be included. 7. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in linuts except afier thirty (30) days prior written notice by certified mail, return receipt requested, has been ~ven to the City of College Stafidn. 8. Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. Commerctal General Ltabth.tv I Minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injmy and Property Damage. 2. Coverage shall be at least as broad as Insurance Service's Office from 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. Ordinance No. 212 8 Page 9 E AuIoraobde LlablliO~ 1. Minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injuxy and Property Damage. 2. Either a pollution liability policy with a limit of $500,000 if COMPANY registers one to seven vehicles or a limit of $1,000,000 if COMPANY registers more than seven vehicles. 3. An irrevocable letter of credit made payable to the Texas Natural Resource Conservation Commission in the following mount: (a) if COMPANY registers three or Jess self-contained Irucks or Itansport vehicles (not tractor-trailer units), a letter for $10,000; Co) if COMPANY registers more than three self-contulned 1~ucks or transport vehicles (not Iractor-trailer nnltS), a letter for $35,000; (¢) if COMPANY registers three or less tractor-trailer vehicles, a letter for $25,000; or (d) if COMPANY registers more than three tractor-lrailer vehicles, a letter for $50,000. 4. COMPANY is responsible for any liability costs that exceed the dollar limits set in this section. Workers' Compensation 1. Employer's Liability linnts of $$00,000/$500,000/$500,000 are required. 2. City of College Station shall be named as Alternate Employer on endorsement WC 99 03 Ol unless written through TWCARP. 3. Texas Waiver of Our Pught to Recover f~om Others Endorsement, WC 42 03 04 shall be included in this policy. 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. Ordinance No. 2128 Page 10 Certtficates of lnsurance 1. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following: (a) The company is licensed and admitted to do business in the State of Texas. Co) The insurance set forth by the insurance company are 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 insurance 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. XVIII. ASSIGNMENT This Agreement and the rights and obligations contained hereto may not be assigned by COMPANY without the specific prior written approval of the City Council. XIV. SAFETY COMPANY shall perform the collection and disposal in accordance with applicable laws, codes, ordinances and regulations of the Umted States, State of Texas, Brazos County, and City of College Station and in compliance with OSHA and other laws as they apply to its employees. It is the intent of the parties that the safety precautions are a part of the collection and disposal techniques for which COMPANY is solely responsible. In the caroying on of the work herein provided for, COMPANY shall use all proper skill and care, and COMPANY shall exercise all due and proper precautions to prevent injmy to any property, person or persons. COMPANY assumes responsibility and liability and hereby agrees to indemnify the City of College Station fi.om any liability caused by COMPANY's failure to comply with applicable federal, state or local laws and regulations, touching upou the maintenance of a safe and protected rrw/c'/ordmance/medwaste Ordinance No. 212 8 Page 11 working environment, and the safe use and operation of machinery and equipment in that working environment. XXm AD VALOREM TAXES COMPANY agrees to render all personal property utilized in its treated and unlreated medical waste operation services provided to Brazos County Appraisal District so that said personal property will be the subject of ad valorem taxation for the benefit of CITY. NOTICES All notices required under the terms of this Conlract to be given by either party to the other shall be in writing, and unless otherwise specified in writing by the respective pa_eaes, shall be sent to the parties at the addresses following: CITY: Jun Smith, SAnitation Superintendent City of College Station P.O. Box 9960 College Station, Texas 77840 COMPANY: Bill Soltow, President American Medical Waste Management, Inc P O. Box 1050 Copperas Cove, Texas 76522 All notices shall be deemed to have been properly served only if sent by Registered or Certified Mail, to the person(s) at the address designated as above provided, or to any other person at the address which either party may hereinafter designate by written notice to the other party. XXIL AMENDMENTS It is 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. rrw/c /ordmnnce/medwaste Ordinance No. 212 8 Page 12 XXIII. SEVERABILITY If any section, sentence, clause or paragraph of this Ordinance is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of the Ordinance. XXIV. AUTHOIiIZATION TO EXECUTE The parties signing the Agreement shall provide adequate proof of their authority to execute this Agreement. The Agreement shall insure to the benefit and be binding upon the parties hereto and their respective successors or assigns, but shall not be assignable by either party without the written consent of the other party. XXV. TERM OF AGREEMENT The term of this Agreement shall be for a period of two (2) years beginning on the 1st day of 3uly, 199:5. XXVI. ACCEPTANCE OF AGREEMENT That COMPANY shall have sixty (60) days bom and after the final passage and approval' of this Ordinance in accordance with Charter section 120 to file its written acceptance thereof with the City Secretary, and upon each acceptance being filed, this Ordinance shall lake 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. XXVIL PUBLIC HEARING It is hereby found and determined that the meetings at which this ordinance was passed were open to the pubic, as required by Article 6252-17, V.A.T.C.S, and that advance public notice of time, place, and purpose of said meetings was given. rrw~c ,ordmancefmedwaste Ordinanoe No. 2128 Page 13 PASSED, ADOPTED and APPROVED by unanimous vote of the City Council of the City of College Station on this the 8 th day of June , 1995. Representative First Consideration & Approval: May 11, 1995 May 25, 1995 June 8, 1995 Second Consideration & Approval: Third Consideration & Approval. LETTER OF ACCEPTANCE OF FRANCHISE This letter will serve as our formal acceptance of the terms and condit,ons of the franchise agreement granted to Amencan Medical Waste Management, on June 8th by the City of College Station by enactment of Ordinance No 2128 for the privilege and use of Pubhc Streets, Alleys, and Public Ways w~thln the Corporate Limits of the C~ty of College Station for the purpose of engaging in the business of Collecting and Disposal of Treated and Untreated Medical Waste from various Health Care Fac~hties within the City limits This ordinance takes effect on July 1, 1995 and acceptance by th~s letter has a term of two (2) years. I acknowledge that failure to file this written acceptance w~th the C~ty Secretary within the number of days provided for acceptance ~n the franchise w~ll result ~n expiration of the franchise American Medical Waste Management T~tle.~ Date -7 --