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13-F-03 Bexar Waste Franchise AgreementORDINANCE NO. 13-F-03 AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA BEXAR WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE COLLECTION, RECYCLING, AND HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF SAME; A.i~1D PROVIDING FOR PENALTIES NOT TO EXCEED 500 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, it is found to be in the public interest and necessary to protect the health and safety of the citizens of Sclaertz to have a municipal solid waste collection and disposal service in the City of Schertz, Texas; and WHEREAS, pursuant to Ordinance Nos, O1-F-2, 03-F-22, 07-F-07, and 11-F-35, the City has had atwo-year renewing non-exclusive franchise relationship with the Franchisee nanned below; and WHEREAS, City staff recommends that the City Council award aseven-year non- eYClusive Franchise to the Franchisee; and WHEREAS, the City Council has reviewed the Franchisee's record of service and continues to be satisfied with the qualifcations of the Franchisee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCI-IERTZ, TEXAS: I. Section 1. SHORT TITLE. This Ordinance shall be known and may be cited as the BeYar Waste Municipal Solid Waste Collection and Disposal Franchise Ordinance of the City of Schertz, Texas. Section 2. DEFINED TERMS. a. Municipal Solid Waste or MSW is defined as garbage, trash, refuse, b~~ish, yard waste, and other waste generated in residences and commercial establishments as well as debris resulting from traffic accidents in the City (excluding wrecked or disabled vehicles which are removable by a wrecker service}. b. White Waste is defined as refrigerators, washing machines, tires, large pieces of furniture or other bulky items. c. TernporarX is defined as any period of less than thirty (30} days. 54553909.6 d. Pei~nanent is defined as any period thirty (30) days or more. e. Household Hazardous Waste is defined as toxic automotive products; fungicides, herbicides, insecticides, and weed killers; toxic household products; paints, thinners, and other wood treatment products. f. Recycling is defined as the curbside residential collection of that fraction of MSW that is reusable and has resale value. Section 3. GRf1NTS OF AUTHORITY a. Grant of Franchise. There is hereby granted by the City of Schertz {the "City"}, to Cibolo Waste Incorporated, dba Bexar Waste Inc., a corporation organized under the laws of the State of Texas (the "Franchisee"), the right and privilege to operate and maintain within the City of Schertz a sez•vice for the collection and disposal of 1vISW. The relationship of the Franchisee and the City is purely contractual. No other function or relationship is implied. b. Non-Exclusive Franchise. The right and privilege granted herein by the City to the Franchisee for the purpose set forth shall not be exclusive. The City reserves the right to grant additional li•anchises for the collection and disposal services set forth in this Ordinance. c. Use of Public Ways. The City hereby grants the Franchisee, under the terms, conditions, and consideration of this Ordinance, renewed and extended permission for the occupation or use of the streets, alleys, easements, and public ways within the City of Schertz fax• the purpose of collection and disposal of MSW, to the extent necessary to accomplish the objects of this Ordinance. Section 4. INDEMNIFICATION, INSURANCE AND BONDS. a. Indemnification. THE FRANCHISEE SHALL iNDEiYINIFY AND SAVE HARMLESS THE CITY, AND ALL., AGENTS, OFFICERS, EMPLOYEES, AND REPRESENTATNES THEREOF FROM AND AGAINST ANY AND ALL LOSS SUSTAINED BY THE CITY ON THE ACCOUNT OF ANY SUIT, JUDGMENT, CLAIM, OR DEMAND WHATSOEVER, RESULTING I+ROM THE i~IEGLIGENCE ON THE PART OIa THE FRANCHISEE, ITS AGENTS, OR EMPLOYEES IN THE PERFORMANCE OF SERVICES UNDER THIS ORDINANCE. The provisions of this Section ~.a. shall survive the termination of this fianchise as to events occurring during the tei7n of this franchise or as to claims made regarding such events for a period of two (2} years fallowing the tei7nination of this franchise. b. Insurance. The Franchisee agrees to carry general liability insurance naming the City as additional insured in the minimum amount of $1,000,000 foz• each occurrence and $2,000,000 annual aggregate; automobile liability naming the City as additional insured in the amount of $1,000,000 combined single limit, and worker compensation employer Liability insurance. (1) Such policy or policies shall provide by endorsement that it may only be cancelled or amended by the insurance company only after thirty {30} days' prior written notice to the City Manager. 5055390~i.6 2 (2} A certificate or certificates issued by the insurer evidencing the coverage, cancellation, and amendment provisions set Earth in tlus Section 4b. must be submitted to and approved by the City Attorney no later than the date of second and final reading of this Ordinance, and a certificate or certificates issued by the insurer confirming the continuing effectiveness of such coverage, cancellation, and amendment provisions shall be submitted to the City Secretary no later than January 10 of each year of this #ianchise commencing Januaz•y 10, 2014. {3) Upan written request by the City Manager either the original policy (az• policies} or copies certified by the insurer must be delivered to the City Secretary. c. Band. The Franchisee shall fiiznish an annually renewable bond to the City in the amount of $300,000 guaranteeing the faithful performance of the Franchisee's obligations under the terms of this Ordinance, which band shall be in force na later than the date of second and linai reading and be subject to these requirements: {1) The bond shall be conditioned upon the requirement that the Franchisee shall well and tz`uly observe, fulfill, azld perform each term and condition of this franchise and that in case of any breach of condition of the bond, an amount {subject to the required dollar limits of the bond} shall be recoverable from the principal and surety thereof by the City for all liquidated damages for the failure of the Franchisee to well and faithfully observe and perform any provision of this Ordinance, and for any amount billed to the Franchisee by the Cite for the cost of the City's performing ar causing to be performed the Fz•anchisee's obligations hereunder. (2) Such bond must provide by endorsement that it cannot be cancelled or• amended by the bonding company prior to thirty (30} days' written notice to the City Manager. (3} Such band shall be in a form and contain such additional provisions as maybe required by the City Attorney, (4} Such band shall be eYeeuted by the Franchisee as principal and one or more sureties approved by the City Manager. {5) Either the band or bonds or copies thereof certified by the surety must be on file with the City Secretary of the City. d. Termination. Failure of the Franchisee to comply with the provisions of this Section 4. shall be cause for termination of this franchise as set forth in Section 10.c. 50553404.6 3 Section S. M1NIi~IUM QUALITY AND PERFORb1ANCE STANDARDS. Acceptance of this Ordinance by the Franchisee carries with it eYpectatians of both efficiency and duality of service by the Franchisee. The standards below are considered minimum standards. a. Quality of Service. Customer satisfaction is the ultimate measure of the duality of service. The Franchisee will make every reasonable effort to insure the rate paying customer is treated with due couz•tesy and respect. The property of the customer will be treated without abuse. Informal complaints will be resolved as duickly as possible with the customer receiving the benefit of the doubt. For~rral complaints will be resolved as provided in Section 13. b. Equipment and Maintenance Thereof. All equipment, including motor vehicles and trucks necessary for the performance by the Franchisee of this Ordinance shall, on the effective date of the franchise granted by this Ordinance, be in good condition and repair. Stand-by equipment shall always be available, The trucks used in collection of MSW shall be all metal, watertight, with completely enclosed "Packer" type bodies that are designed and manufactuz•ed for the collection of garbage and refuse. Such collection vehicles shall be painted and numbered in letters of a contrasting color on each side of the vehicle and maintained in a mechanically sound and safe condition. All vehicles shall be kept in a clean and sanitary condition and shall be cleaned inside and outside at least once each week. c. Times and Freduencies of Pickup and Holiday. {1) The Franchisee shall make no collections in residential areas prior to 7:00 a.zrz., and collections in business districts shall not be commenced earlier than 6:00 a.m. When a business is within S00 feet of a residence, the residential area times will apply. {2) There shall be once a week pickup of MSW for all residential customers who have been provided unifoz7n 96 gallon MSW containez•s by the Franchisee at no charge to the customer ("Zone 1 "). If no such container has been provided to a residential customer, there will be twice weekly pickup of MSW tiom such customers {"Zane 2"). The Franchisee shall provide the City and update from time to time a current map of the City showing Zone i and Zone 2 residential customers. The number of pickups may vary for commercial activities, which shall be established by separate contract between the Franchisee and the customer. Upon written reduest by the City, the Franchisee shall provide the City with a summary of all such commercial pickup arrangements. {3) Collection urill he made for all zesidential accounts twice weekly regardless of National or State holidays, eYCept for Christmas Day, New Year's Day, July 4, and Thanksgiving Day, The Franchisee may obsez•ve any oz• all the holidays noted above. However, the Franchisee shall collect MSW at least one day pez• cycle during those weeks when holidays are observed. sass39aa.~ ~ d. Routes and Pzekup_Points. { 1) The Franchisee will provide proposed routes for puzposes of the collection of regular garbage, small brush and limb pickup as follows: Zone i Monday Tuesday Wednesday Zone 2 Monday and Thursday Tuesday and Friday Wednesday and Saturday The Cite must approve such routes prior to commencement of operations. (2) Trash containers shall be placed so that they az•e accessible from the curbline without the collector entering upon private property. Special cases to allow foz• front building line collection will be authorized by mutual agreement of the Franchisee and the City when the residents at any house are mentally or physically incapable of placing containers at the curbline. {3) No trash containers will be placed on the curbline by the customer earlier than twenty-foie (2~} hours prior to the time of collection nor later than twenty-four (2d) houz•s after the time of collection. e. Types of Containers. Trash containers shall be watertight receptacles of solid and durable grade of metal ar plastic, not to exceed thirty (3Q) gallons in capacity (except as set forth in Section 4.c.(2)) or plastic or other waterproof bags manufacriized for the puzpose of containing garbage or refuse; the combined weight of the garbage and container shall not exceed seventy-five (75) pounds. Containers shall be provided with suitable lifting handle or handles on the outside and close-fitting cover equipped with a handle. The container must not have any inside structures, such as inside bands, and reinforcing angles or anything within the container to prevent fi•ee discharge of the contents. Containers that have deteriorated or that have been damaged to the extent of having jagged or shaz•p edges capable of causing injuzy to garbage collectors or other persons whose duty it is to handle the containers, or to such an extent that the covers will not fit securely, need not be accepted by the Franchisee. f. Special Pickups. The Franchisee shall invoice the City far all Special Pickups the Franchisee's actual costs {which shall not include a Franchisee's overhead charge) for the City's use in invoicing customers. {1) Brush and Trees. All brush and large trimmings to be collected by the Franchisee shall be placed by customers at the curbline. Tz•ees, brush, and limbs cannot exceed four inches (4"} in diameter nor five feet (5') in length. All limbs and brush must be in bundles not to exceed sixty (60) pounds each. Leaves 50553904.6 and grass clippings and small brush items are to be placed in cardboard containers, plastic trash bags, ar trash cans. (2) Dead Animals. Dead animals shall not be placed in trash containers. Dead animals in excess of seventy-five (75) pounds are not required to be accepted by the Franchisee. Dead household pets shall be picked up by the Franchisee at no charge. The City's animal services department will pick up other dead small animals at no charge, and the Franchisee will in turn pick up those dead small animals fiam the City's animal services department at no charge to the City. The Franchisee shall pick rzp large dead animals located in aright-of--way. If such dead large animal identifiably belongs to an individual or entity (i.e., a cow that has been identifiably branded or tagged), such individual or entity shall pay the Franchisee the charge associated with the pick-up. However, if the dead large animal does not identif ably belong to an individual or entity (i,e., a wild doer), the City shall pay the cast for the pick-up. The owner shall be responsible for the removal and disposal of large dead animals, such as cows, horses, mules, and goats. (3) Tz•affic Accident Debris. The Franchisoo will provide 24-hour a day, 7 days a week, pick up service of debris resulting from traffic accidents upon telephone or radio notice from the City by a police officez• oz• other City employee. The Franchisee may invoico and collect from the individual(s) or company(ies) involved in such traffic accident or their respective insurers for the collection and disposal of accident materials. The Franchisee will have na obligation to remove wrecked or disabled vehicles. If the Franchisee fails to adegrzatoly respond with a roll-off unit or other suitable equipment (all as determinod by the City) within one (1) hour, the Franchisee agrees that the City may contact another person or ontity of the City's choosing to remove such debris, and all costs incurred by the City as a result thereof shall be reimbursed to the City by the Franchisoo within ten (10) business days of the City's invoicing of the Franchisoo. In such case, such pez•son ar entity shall not be required to hold a solid waste disposal franchise with the City. (~) Special Services. The Franchisee will provide services for special residential pickups, such as new move-ins, tree trimming, and similar ciz•cuzxzstances. The Franchisee may charge a fee far this service to be billed by the City. g. Area of Service and Interrppton._in Service. (1) The Franchisee will collect MSW and recycling material from all residences and MSW from all commercial businesses in tho City not delinquent in the payment foz• the authorized services provided, or as directed by the City. (2) In the event that the collection and disposal of MSW shall be interrupted by any reason for more than forty-eight (4S) hours, the City shall have the right to make temporary independent arrangements for the purpose of 50553404.b 6 continuing this necessary service to its citizens in order to provide and protect the public health and safety. Costs of the temporary independent arrangements shall be borne by the Franchisee and shall be reimbursed to the City by the Franchisee within ten (10) business days of the City's invoicing of the Franchisee. {3) If the interruption in service described in the paragraph Wert above continues for a period of thirty (30) days, the City shall have the right to terminate the rights and privileges granted in this Ordinance. h. Office Hours, Staffing, and Service Lois. {1) The Franchisee shall establish and maintain an office in the City with telephone service and shall keep said office open for business from 9:00 a.m. to 5:00 p.m. each and every day except Saturday, Sunday and legal national holidays, as a minimum. (2) The office mentioned in subsection Sh(1) shall be staffed with sufficient competent personnel to handle calls and inquiries during office hours. A daily log of all service calls, complaints and inquiries taken therein shall be maintained by the Franchisee and be available to the City upon request, Section 6. TEMPORARY AND PERMANENT ROLL-OFF CONTAINERS. Rocks, waste, scrap, building materials, or other trash resulting from constriction or major remodeling; resulting from a general cleanup of vacant or improved property just prior to its occupancy; or resulting from sizable amounts of Nees, brush, and debris cleared from property in preparation for construction, will be removed by the Franchisee as part of the Franchisee's regular service but rates will be derived from approved rates described in Section 16. Section 7. CHANGES IN TIMES AND ROUTES OF COLLECTION. The City Council reserves the right to change or alter the times and routes of collection. The Franchisee shall be given at least five {5) days' notice if any such action is scheduled to be discussed by City Council. No changes in collection schedule or routes shall be made by the Franchisee without approval by the City. Section 8. DISPOSAL OF MSW. The Franchisee snail have the responsibility for the disposal of all MSW collected under this Ordinance, and all of such materials shall be disposed of in compliance with the laws of the State of Texas and/or the rules, regulations and standards established from time to time by the Federal Government of the United States of America and the Texas Commission on Environmental Quality. soss~9oa.6 7 Section 9. SERVICES TO THE CITY. a. City Property Pickup. The Franchisee will provide pickup twice weekly for the City at all City properties at no cost to the City. Containers used by the City will be of the size and type appropriate to the volume and characteristics of material. b. Special City,Events. The Franchisee will provide special pickup during not more than ten {10) City annual events {designated each year by the City in writing to the Franchisee] at no charge. Placement of containers will be at the direction of the Director of Public Works. The Franchisee will provide one twenty (20} cubic yard roll-off container at no charge to the City for each such event. c. White Waste. Twice each year, the Franchisee will pick up White Waste. (1) The Franchisee will provide special pickup services daily at designated locations during the Schertz Annual Spring Clea~iup. This pickup will include large household appliances, furnih~re (and other bulky items) tires or other material not no~•~nally collected during twice weekly pickup. The dates will be established by the City. This service will be at no cost to the City or the public. Notice of the Cleanup dates shall be published in local media at the expense of the Franchisee, {2) The Franchisee will provide special pickup services daily at designated locations during the Schertz Annual Fali Cleanup. Scheduling will be at the discretion of the Franchisee, with a minimum of 1 SO days between the Schertz Annual Spring Cleanup and the Schertz Annual Fall Cleanup. This pickup will include large household appliances, furniture {and other bulky items} tires or other material not normally collected during twice weekly pickup. This se~~ice will be at no cost to the City or the public. Notice of the Cleanup dates shall be published in local media at the expense of the Franchisee, d. Household Hazardous Waste. {1) Twice each year in conjunction with the Spring and Fall cleanup period, a program to collect and dispose of Household Hazardous Waste will be planned and conducted by the Franchisee. The cost of this program will be borne by the Franchisee. The Franchisee will provide documents detailing costs for each event and recommend adjustments to the program based on participation levels and volume of material collected. (2) The Franchisee may, with approval by the City, engage a third party to collect and dispose of Household Hazardous Waste where such materials constitute a serious health hazard or the materials require special handling beyond the capabilities of the Franchisee, Any program established will filly comply with the laws of the State of Texas and rules established by the Texas Commission on Environmental Quality. S©5539Q4.6 $ e. Biohazardous Waste. The Franchisee will make provisions for the disposal of biohazardous waste resulting from City operations at no cost to the City. Section 10. DURATION OF THE FRANCHISE AND RENEWAL OPTIONS; TERMINATION. a. Term and Acceptance. Subject to the requirements relating to insurance and the performance bond set forth in Sections 4.b.(2} and 4.c., this Ordinance and the rights, privileges, and authority hereby granted shall take effect and be in force from and after heal passage hereof, as provided by law, and shall continue in farce and effect for a term ending December 31, 2019, provided that, within thirty (30) days after the adoption of this Ordinance on second reading, the Franchisee shall file with the City its unconditional acceptance of this Ordinance and promise to comply with and abide by all of its provisions, terms, and conditions. Such acceptance and promise in writing shall be duly executed, and sworn to by an authorized official of the Franchisee on behalf of the Franchisee before a notary public or other officer authorized by law to administer oaths. b. Renewal. This Ordinance may be renewed for an additional period of six (6j years unless either the City or the Franchisee gives written notification of the termination of this Ordinance to the other one-Hundred twenty {120} days prior to the expiration of the seven {7j year term of this Ordinance. c. Termination. (1} The City may terminate this franchise for failure by the Franchisee to comply with the provisions of Section ~.a. (Indemnification), 4,b. {Insurancej, and/or 4.c. {Performance Band). Upon the City's detez7nination that the Franchisee has failed to comply with any or all of such provisions, the City may notify the Franchisee in v<~riting that it is exercising its right to terminate this franchise on thirty {30j days' (or longer, at the option of the City) written native to the Franchisee; provided, the termination of this franchise by the City due to the Franchisee's failure to comply with Sectian ~l.a, shall not terminate the Franchisee's contractual obligations to the City and all agents, officers, employees, and representatives of the City under such Section 4.a. (2) The City may terminate this franchise as a result of the Franchisee having twenty-five (25) or more unresolved complaints outstanding as set forth in Section 13, The City may notify the Franchisee that it is exercising its right to tezTninate this franchise on thirty {30j days' (or longer, at the option of the City} written notice to the Franchisee. {3) The City may terminate this franchise far failure by the Franchisee to comply with any other provision of this Ordinance if (a) the City has natified the Franchisee in writing of such failure and the Franchisee has failed to correct such failure to the satisfaction of the City within thirty {30} days (or longer period, at the option of the City) of the receipt of such notice oz• (b) the City has 56553904.6 9 notified the Franchisee in writing of such failure twice within a six (6) month period. Such tez7nination shall be effective upon thirty (30) days' (oz• longer, at the option of the City) written notice to the Franchisee. (4) Following receipt of notice of termination under 10,e.(1), (2), or (3) above, the Franchisee shall be responsible for continuing compliance with all provisions of this Ordinance until the effective date of termination unless explicitly directed otherwise in writing by the City. Section 11. SEPARABILITY, COMPLIANCE WITH APPLICABLE LAWS, AND NON- CONTESTABILITY BY THE FRANCHISEE. a. Severabilit~~, If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holdings shall not affect the validity of tkze remaining portions thereof. b. City Regulations. At all times during the tez•m of this Ordinance, the Franchisee shall be subject to all lawfizl exercise by the City of its police power and to such reasonable regulations as the City shall from time to tizxze provide, pursuant to the exercise of such police power. c. Ri hg ts_..__of City. The Franchisee, by acceptance of this Ordinance, expressly acknowledges and accepts the right of the City to issue such franchise and further agrees to fully comply with all appropriate regulations promulgated by any appropriate govermnent agency of competent jurisdiction. Section 12. SALE, TRANSFER, OR ASSIGNMENT OF FRANCHISE RIGHTS OR ASSETS. The Franchisee shall not sell, transfer, or assign its rights under this Ordinance, or substantially all of its assets, to any other person oz• cozporation without the prior written approval of the City Council, such approval not to be unreasonably withheld. Section 13. COMPLAINTS AND RESOLUTION. a. Complaints. Complaints Iirom or by the public or a particular customer must be in writing and mailed (or presented) to the City Managez• or designated repz•esentative for action. b. Penalties. The Franchisee will pay a penalty of not less than $2S or more than $200 for each customer complaint not satisfactorily resolved. Satisfactory resolution will be determined 6y the City Manager. The Franchisee may appeal to City Council, wlaich will make a final determination. The penalty will be deducted Isom the Franchisee proceeds the for billing cycle following City Manager determination unless appealed, in which ease City Council will provide further instruction. Twenty-five (25) unresolved cozxzplaints will be a basis for contract review by City Council for possible franchise termination. ~055340~.6 1 ~ Section 14, INVESTIGATION AND PUBLIC HEARING. The City Council shall leave full power to examine or cause to be examined at any tune, and at all times, the books, papers and records d~ the Franchisee with relation to the operation of the MSW collection system within the City of Schertz, In this connection, the City shall have the right, through its City Council, to take testimony arzd compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. If any officer, agent, or employee of the Franchisee refi~ses to give testimony before the City Council, the City Council shall have power to te~xninate this Ordinance. Section 15. NOTICES, Where written notices are provided for in this Ordinance, same shall be sufficient to notify the Franchisee if mailed by cez•tified mail to the proper address as specified on page S-2 in this Ordinance and shall be sufficient to notify the City if mailed by certified mail to City of Schertz, 1 X100 Schertz Parkway, Schertz, Texas 78 i 54, Attention: City Manager. Section 16. SERVICE RATES. Rates for services provided under this Ordinance are contained in Exhibit "A" attached hereto and incorporated herein for all puzposes. Section 1'7. BILLING, COLLECTION, AND PAYMENT. a. Billin and Collection. Far the puzpose of convenience, the billing and collection of the charges levied for all MSW service shall be done by the Utilities Department of the City, and all such fees shall be payable at the Municipal Offices. The City will prorate a new customer service to the nearest half-month charge relative to the commencement of service. {Service shall be considered commencing when water is hirned on to that customer}. Al! charges shall be due and payable each month concui7ent with utility bills, and, if not paid on or before the due date, the City shall assess a ten percent (10%} penalty for delinquency and collection expenses. Utilities will be discontinued by the City far lack of payment of any garbage hill or any part thereof. b. Franchise Fee. The Franchisee shall be paid by the City at the rate of eighty-five percent {85%) of the amount collected, excluding penalties and excepting recycling fees, for each customer served for which billing is made by the City. The Franchisee shall be paid what is due within ten (10} days after closing date of each billing period with the last month payment hereunder to be made during the first calendar month after the expiration of the tern hereof or after the cancellation hereof, as the case may be. Section 18. RECYCLING a. Frequency of Pickup. The. Franchisee will collect recyclable material once each week from residences wishing to participate, Each residence address will be charged a fee for this service, whether participating or not. The Franchisee will transport such collected recyclables. 50553904.6 b. Rec~ng Containe~•s. The Franchisee shall provide appropriate bins for recycling to eael~ residence at no charge. Bins will be replaced at the City's expense if the bins are stolen and a police report corroborates the theft. Additional bins may be purchased by the homeowner or resident at the City's cost. e. Customer Partici ation, Participation in the recycling progzam is voluntary but highly encauraged. Failing to actively participate does not relieve the homeowner or resident from payment of recycling fees. d. Recycling Proceeds. The proceeds from the Franchisee's sale of recycling materials shall be retained by the Franchisee. Section 19. PENALTIES . a. Providing, Franchise Service Without a Franchise. Any person ar entity who shall perform franchise services described in this Ordinance, without au#hority of a duly awarded franchise and payment of cansidezation, shall be cited by the appropriate City agency, and shall be subject to a penalty not to exceed two hundred dollars ($20pj for each and every day such a service is unlawfially performed. b. Failure to Provide Services By, franchisee. Any person or entity, upon being named a Franchisee and awarded a franchise under this Ordinance, who fails to provide the services described in this Ordinance, shall be cited by the appropria#e City agency, and is subject to a fine of two hundred dollars ($200) for each and every day such service is not performed. c. Failure of Franchisee to Meet Service Standards, Any person or entity, upon being named a Franchisee and awarded a franchise undez• this Ordinance, who fails to corrzply with the service standards described in this Ordinance shall be cited by the appropriate City agency, and is subject to a fine of one hundred dollars ($100) for each and every failure to comply with service standards described in this Ordinance. d. Removal of Recycling tilaterial. Any person or entity (excepting the homeowner or resident who placed recycling material at curbside or any authorized agent of the City} who removes any recyclable material in bins, bags, or cans set at curbside for recycling collection is subject to prosecution under the laws of the State of Texas. II. City of Schertz Ordinance Nos, O1-F-2, 03-F-22, 07-F-07, 11-FW35, and any other Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed. [Ren~aindey of page intentionally left blank.] 5©553964.6 12 C r` ~. t ~~~ '~ ~ ~~ ' ~ ... ~.~ ,T _ . 34~f ~'1_~ _ _ _ ~-_ - ~ ~•+ 1~ .. _ _ ~]~.h\ I "vim N d ~. ~ ~< ~. _ ~.- _ ...-. '' r ~6 e~ . Y . .0 1 .t ' 3 ~ t )', _ t o :~ ~f ~ L .~ ~ _ R ~ C D J J ~ ~ ~ 1 ~ ~ ~ o ~ ~ 1 ~ ~ _ ~ ~ ~ ^ ~ ~ ~ ~ W ~ ~' Exhibit "A" Rates Crarhage Collection Fees 2012-2413 24142415 2416201? 261&2419 Residential: CL~tss 1: Residential. 5iz~gle Family, per month S 11.36 S 11.14 S 12.45 S 12.41 2 Cart pick up $ 17.62 $ 17,53 S 18.45 $ 13.59 3 Cut Fick up S 22.70 $ 23.38 S 24.68 $ 24.80 4 Cart Pickup S 2&.37 5 '29.22 $ 34.09 $ 34.99 Recycling Fee, per month/cont+iner S 1.57 $ 1.93 $ 1,99 S 2.05 Special P1Glinp; .Clove ins, Special 'lYee'~rsmmino ,oversize $ 15.83 3 16.30 5 16.74 5 17.29 Yfl3ter3ai.^., BS G1mila! CfYCiltrSSiarlCe&: mtnvnum class 1n: Residential ,Front Curb. per month S 16.59 $ 17.45 3 17.54 S 1&.l i Class 1B: $ 11.35 ~ i 1.70 S 12.05 $ 12.41 Once 3 week residential pick-vp in ;elected are~~s. (Contractor wtiE provide a 96 gallon cut at no charge; per month Class II: Mobile Home Parks S 9.4b $ 9.33 S 9.61 S 4.96 y4olrile Home Parlc~. ~2 ac mare mobile homes ~bct:.ed on number in park on the 15th dnp of the month), per unit/montlily Class fI1: Apartruents S 9.06 3 9.33 S 9.61 Ss 9.90 per unit/monthly Class lV: MaEals $ 4.64 S 4.12 S 4.24 5 4.37 per unit f monthly 54553901.6 E:Y~11~71t "E~"- Cllyof Schertx Sc hedFtle of Fees Ciar ge Co a oa tees 3 3 20 9 2 commoxclal Class V: $ 14.38 $ 14.81 S 15.25 S 15.70 Offices, barber shops and Professional services, per month Claaa VI: $ 24.80 S 25.54 S 26.30 $ 27.48 Light retail, wholesale, carrnriercial or industrial, 2000 to 4000 sgrrera feet and exchtdinglarl;e grocery stares, etc., per ruonth Class VD: $ 36.02 $ 37.09 $ 3$.20 S 39,34 fv~dium retnr7, wholesale rnnnrrercia] ar industrial [2000 tv 4064 square feet and exclude largo grocery store, ete.~, per month 2 Cart, 1 pickup per week S 37.18 $ 38.29 $ 39.-13 5 40,61 CFa;s Vlll: Heavy Volurne retail wholesale, rnnuuercial, or industrial (placement determined by a time and cost study oT refuse generation and rnllection. The categories in this class usually require hand leading Tram morns or pens and would not apply when commercial cantaine~9 are used. A. Two u~ekly pickups of ].5 cubic yard cantainors, excluding large grocery, furniture or depaitrnen[ stores, per month S 64.06 $ 65.91 S 67.87 $ 6989 5Q5539Q4,6 EY~"ll~lt "f~"- 2 Gazbage Collection Fees 2012-2013 2014-2015 2416-2017 2015-2019 B. Tav a=ee]rly pickups of 3 cu. Yard tont.9iners, excluding farg¢ grocery, furnitur¢ or d¢pcv Ement stores, etc., per month $ 127.99 $ 131,50 $ 135.73 $ 139.77 C. Three weekly pickups of 3 cv. Y:ud cantainers, ceduding large grater}=, furniture or department s[oms, etc., per month $ 199.49 5 205.95 $ 212.09 S 213.41 A. Four c;~eekiy pie4tt~ps of 4 aa. Yard cant~irters, including huge grocery, furniture or dep~vtment stores, etc., per month $ 23996 $ 247.11 $ 254,47 $ 262,45 E. Fiva weekly pickups of 4 cu. Yard conttiner;, inch:d'sng I.uge g~rotery, furniture or department store, etc., per month 5 319.96 S 329.49 S 339.31 S 349.42 F. Six weekly pickups of 4 cu. Yard containers, including lsrge gf-ocerp, fumiture ar dep.~artment stores, etc., per rnanih $ 400.00 S 411.92 S 424.20 $ 436.39 G. G~stomer zequirurg more t}iFUt fatrr (4} tu. Yd3 each pickup could be ef~-vged per cu. Yds. Coltected., per yard $ 4.43 5 4.5fi $ 4.70 S 4.34 56553904.b Exhibit "A"- 3 Cfty of Scheltz Schedule of Fees Clat a Co eM oa Sees 0 3 7, 1 7 2018.2 9 3. Ca•mmerclal Caatalnexs. CONTRACTOR will pmv=da Co mmercial coutainecs to those custanzerl who desi~v to use them in lieu of garbage cans. The use o[ s uch GQIVTRACTPL2 provided containers is rERuired by this contrnc t. Rates for containers and pick up will be hased on the following table: Coataiaer Size: Prequeacy of Pickup 2012.2Dl3 ! a 3 4 5 6 2 ca. Yard S 54.44 S 92.90 $ 111.96 $ 128.00 $ 144.(3D $ 159.9$ 3 cw. Yaxd $ 65.61 $ 118.3fi S 163.20 $ 187.15 $211.19 $ 235.16 4 ca. Yard S Si.SS $ 140,82 S 191.97 S 231.96 5271.38 S 311.98 6 ca. Yard S 115,23 $ 191.97 $ 253.99 5 336.01 $ 40!.92 5 479.44 8 tu. yard ~~ S 136.61 $ 247.97 $ 34343 $ 439.95 5536.62 S 63Y.95 lO cu. Yard S 156.76 S 287.93 $ 407.92 $ 5k1.97 $615.93 $ 719,91) 20!42018 ! 2 3 4 5 6 2 cu. Yard 5 :X.06 S 95.46 $ 1 75.30 $ 131.81 $ L48.29 $ 164.75 3 cn. Yard S 67.57 $ 121.89 $ ]68.06 $ 192.73 $217.46 S 242.17 4 ta. Yard S 83.96 $ 145.02 5 197.69 S 238.87 S 280A9 S 321.28 6 rn. Yard $ L ]S~bb $ 19T.69 $ 272.86 $ 396.02 $426.08 $ 494.24 B cu. Yard $ i40,g6 S 255.36 $ 354.18 S 453.OG $552.61 $ 650.78 10Cx4.Yard S 161,43 5 296.52 $ 420.Q8 $ 527.23 5634.2$ $ 741.x5 sossa9©a.6 Exhibit "A"- ~ C€ty of Schertz Schedule of Fees bar ge Co ecE on Sees 20 2.20 S 7 20 S• 1 20162017 1 2 3 4 !! S 2 cw. Yard $ 57.73 3 98.30 $ 118.74 S 135.74 $ ]52.71 y 169.66 3 cw. Yard S b9,58 S 125.52 S 173.07 S ]98.47 $223.96 $ 249.39 4 cw. Yard $ 86.46 S 149.34 $ 2Ci3.58 $ 2hS.99 $288.44 $ 330.85 6 cw. Yard $ 122.20 $203.58 $ 279.96 $ 35fi.33 $ 432.60 5 SCS.97 8 tw. Yard S 144.23 $ 262.97 $ 364,73 $ 46b.56 3569.08 S 670, l7 10 ow. Yard $ 166.29 5 305.35 $ 432.60 $542,94 5653.16 $ 753.44 0 i~,,,„„„8.~ .?019 1 2 3 4 8 6 2 cw. Yard $ SR45 5 101:23 S 122.28 S 139.79 $ 157.26 $ (74.72 3 cn. Yard $ 71.65 3 ]29.26 $ 178.23 $ 204.38 $230.ti3 $ 256.82 4 cn, Yard $ 89.05 $ 153.79 $ 209.65 $ 253.3? $297.fM $ 340,71 6 ni, Yard S 135.84 $ ?09.65 $ 288.:;0 $ 36G.95 5445;79 5 524.14 B cw, Yard S 148.53 $270.61 $ 375.60 $ 480.46 $58684 $ 690.14 10 en. Yard $ 171.19 $ 314.45 $ 445.49 S 559. L2 5672.54 S 786.19 4. Ro71-Off RaEas Por Pw11 Open 'Pop Containors • Dry Atatcriai 20 cn. Yazd $ 295.95 $ 304.77 $ 3 [3.85 5 323.20 30 en. Yard $ 351.93 S 362.42 $ 373.22 $ 384.34 40 cn. Yard $ 407.92 S 420.CS S 432.60 $ 445.44 Roll-off Rental [ao pulls witWn bitllag oycle) $ 122,37 S L26.D2 S 129.78 $ 133.65 per container per mm~th 505539Q4.6 EX~ll~lt "A"- ~ Garbage Collection Fees 2012-2013 2012015 20162017 2018-2019 Collection and Disposal olMuaiaipal Wastes 5. [S'et Liaterial Rates on Compac#or containers ar open tap C'nrltainFt5 Ctiith met material muss be negotiated with ~rstorrters at [he tune theg are needed. this hpe of waste must be hauled to a Type E Lvndfil[ which generally has a higher disposal rate attached fo it. Rost-off Container -elivery Charge per coutairter $ 35.67 5 35.73 $ 37.82 S 38.98 Roll-ofI Relocation or Trip Charge per cautai~zar S 35.b7 5 36.73 $ 37.82 S 3$.95 2 eu. Yazd compactor, par month ~2 services per week) S 210.86 S 2!7.14 $ 223.61 S 230.27 1:`xtra pick ups (2 yard courpactor~, each S 79.95 $ 82.33 S 84.75 $ 87.31 4 eu. Yard ean~pactor, per month ~2 services per week) $ 434.39 S 447.33 $ 460.6b $ 474.39 30 eu yard Coarpactor, per pull $ 535.94 $ SSi.91 $ 568,36 S 585.30 40 cu yazd Compactor, per pull S 636.74 3 555.71 $ 675.25 S 595.37 30 cu yard Open-top ~Reeyele~, per ptill S 159.86 S 205.32 $ 2! 1.95 S 215.27 1•lont-Load container extra pick-up chazges 2 cu yazd 3 au yard 4 cu yard 6 cu yard 8 etc yard 10 ett yard OVER WFlEiliT C11ARG1; To address non standard requests, the solid waste contractor can negotiate a fee with the nrstomer requesting the service. The City will collect i 5% o! the rtegotisted tee per the tiaachise agreement. S 27.20 S 28.01 $ 28.34 S 39.70 S %4,00 S 35A1 $ 36.05 $ 37,12 $ 10,80 S 42.02 $ 43,27 S 44.88 S 47.6D S 49.02 $ 50.48 $ 51,98 S 54.40 S 55.02 $ 57.69 S 59.41 $ 61.19 $ 63.0! $ 64.89 $ 66.32 S 27.23 $ 28.09 5 28.93 S 29.74 5©553904.6 Exhibit "A"- 6 Bond IVo. 5154058 PERFORMANCE BOND ibolo Waste Inc., dba 13exar, Waste KNOW Alt MEN BY THESE PRESENTS: chat, C',,.,,,..,_ (hereinafter coiled Principal) as Principal, and S~~reTec„Insurance company .~ a corporaGan duly organized under the laws of the State of Texas and duly authorized and licensed to da business in the State of Texas (hereinafter called Surely} as Surety, are held and firmly bound unto City of Scheriz (herelnafter called Obligee), as Obligee, in the full and just sum of ($ aoo,aoa.aa _ ) Threw Hundred Thousand Bailors to the payment of which sum, well and truly to be made, the said Principal and Surety b[nd themselves, their and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHERt=AS, the above bounded Principal has entered in#o a certain written contract with the above menfionsd Obligee dated fOr sexarVVlrasiolluntdasiSC4'~awastacaendOlspasalFraR is©O(Qtnar[ca for a period of one C ~) years which contract Is hereby referred to and made a part hereof as fully and to the same extant as if copied ai Isngih herein, and WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of fhe said contract for a period of only one year. NOW, THEREFORE, if Principal shall faithfully perform such contract ar shall indemnity and save harmless the Obligee from all cost and damage t)y reason of Principal's failure so to do, then this obllgai[on shall be null and void, otherwise II shall remain in foil farce and effec#. P~RF'ORMAiVCE BOND (Page 2 of 2) PROVII]Et3, HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond Is far the term beginning January 1, 2013 and ending t?ecembar 31, 2013 2. In the event of default by the Principal in performance of the contract during the term of this bond the Surety shall be iiabte only for the loss fo the Obligee for actual excess costs of performance of the contract up to the expiration of the term of this bond. 3. i~o claim, action, suit ar proceeding, except as hereinafter set forth, s hall be Instituted or matntained against the Surely under this instrument unless same be brought or instituted and process served upon the Sure#y within one year after tho expiration of the term of thts bond. ~, Neither no n-renewal by the Surety, nor failure, nor liability of the Principal to file a performance bond for subsequent terms under said contract shalt constitute lass la lha Obligee recoverable under Phis bond. 5, The bond may be extended for additional terms at the option of the Surety, by continuation cerit~ieate executed by the Surely and the Principal. ti. tVo right of action shalt accrue on this bond fo or for the use of any person ar corporatton other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligati. Signed and sealed this 1st day of January 2013 lq~N'2 ~7'ccTi~~,e.eEZ ~~(~ t( ~~.~cti,~ (Principal) (surety) By: 8y: ~ Cindy McFaA Attorney-I Fact ro,~ a, 5'154056 Sur~Tec ~~surance Coxnpao.~ LXMIT~D P~W~R d~ ATT4RIV~"Y Kliosv ~fll lti~eli by 7'Irese 1'rese~tls, 'i'Itat SUttGT6C 1N5UftANCtJ COMPANY {tree "Cosnpsttty"), a corpori+tton duly organized and existing under rite Jatys of rite Slate of Texas, attd I-aving its principal~oFlice iU tiottston, Harris County, Texas, does by these presents ntaKe, eonstitttfe and appoint Cindy McFall Its true and Ia~Vtlti Attantaytn-fact, whir fitil patver: anti autharily hereby conferred in its name, piece attd stead, to execute, acknotviedge and deriver arty and all bonds, recognizauces, tuaderlakings or ottaer Insttvmeftts or contracts of suretyship to tttciitde wagers to fire conditions of contracts and consents of surety for: i'riitetttat; Clboio Writs Inc., dba 8exar Waste Obligee:. Clly of Schs3rtz Amount; S 300,000.00 and to bhtd t}te Company#hereby as fitlly and to lift same exletit as if suoit bond were signed by the Presideut, scaled with rift corporate seal of the Company and duty'attested by its Secretary, Hereby rtttifying and co+tf;rntistg ail that tits said Attornoy-in-pact Wray do in tiro }tremises. Satd.aptrnitttntent is toads under and by authority of the fotiawing resolutions of rite Board of Directors of ties SuraTec Insurance Cantpanyi Re l1 Resolved Iltat the President, a+ty Vice•President, any Assfsts-nt Ylce•Prasident, any Secretary or any Assistant SCCrolAry sltail be and [s ltcrcby vcstetl with fall power and ;authority to appoint any one or mare suitable persons as Atton+cy(s)-In-Fact io represent and acl for and opt bchelf o[ qtc Company subject fa, the fottowinq provtsto+is: A1lorlsey~-Pp•i<aet mAy be givep flttE po+ver and authority for sued in rise Hama of and of beiiaif ot'tltc Company, to cxecuto, acknotYtedge sued deliver,.any and all bonds, rccog+-#z8+tcas, contracts, agreements or indentnky and other eouditionai ar obligatory undertaleings And any and aft nolfces and docunaonts canceling ar terntint+ling i1tC Company's flabllity~thercunder, mid any such iststrastuettis so executed by any such Attorney-In-tract sltail bo birtdfng upo++ Ilse Compa+ay ~ if signed by tf+e President mad sealed and eft'ccted by the Carpornte Secretary, Be 1l Resolved, that rho slgnalure of may sullanrized o(f icor nttd seal of flea Co+»pany heretofaro ar heteailer affixed to arty power of ntleimey or any cartltlcate relating d+crcto try theslmile, and siny power of tii{orncy or certiRcate bearing fiiCsintllc slgnagtfc or facsimlle'seal shall be vnlld as-d binding upon ilea Company with respect to any bond or undertaking to which ll.ls attached. (Adoplad n! a rr+e8ding la¢Itl at 2lf dj~iPrll, 1999.) Iu Wilaess ~!'iereaf, SURi;TEC 1NSUItANC~ COMi'ANY ltas caused these presents to bo sighed IJy its Presidetat, and ifs corporate serif to bo hereto ttftftxed hits 3txi day of September, A.D, 2010. SURL~T)C 1 U1tAir(C ~ COI4i1'ARY ,~S~Qnhc~ '' a 5 ~ d E- )Knox J ., >3residetti Slate oP'fcxas ss: ~~ s;t. Y . ,.* County of Harris Qn ibis 3rd day of Sri,te+tibct•, A.1]. 2p1Q before nac ftcrsosaalty came )elan Knox dr., t0 +no known, tvl+o, being by the duty sworn, did dcpasc sad any, that t+o resides h+ I~Touston, Texas, that he fs President of SURf3TBC 1NSUItANClr COivIPAi~Y, the eontpany described In and ~vhicls oxceuted 11te above instrttntent; thnt ha k+iv~tis rho seal of said Company; shut lira scut affixed to said lustnnncnt is such corporate scat; Ihat ii wt~s so affixed by order of ttao 13aard vfflircctars of said Cotupany; a+td tha# he sigsted his fronts there[o by like order. «,~,~,,, ~;,,;: trr~~ ,#ACAUEIYN MAl00NAp0 Notary PubI1C, s fate at Taxes ( s,~1 !;~•'3 MyCornmtssionFxpfres May t S, 2013 ~~~~ at: uely Mald it do, ttlatnry Publte y cmatn lesion oxpiros May ]8, 2013 i, M: Drent I3estty, Assistant Secretary of StIRIiTLrC I~ESUR A~fCG COMPANY, do hereby certify tlmt the above: and foregoing is a Iruc and corroot copy of a Power of Attorney, executed by said Compnny, tvtticit is still in fill fo[ec and effccl; and Nnhennoro, tiro resoiutians of 11ic Board of nircctors, eel out in the Power ofAllorney arc in flail force a++d Cffect. t3ivott under Pity baud attd tree seat of said Company at Houston, Texas rifts 1st day of Beaty, Assistant A.D. Any Insitrumenl issued In axceas o} the penalty stated above la totel[y.vofd and without any validity. For varitlCetian of rho autharily at this power you' may oatt (713) 812-t}800 any business day between 8,04 am and 6:00 pm CST. SureTec Insurance Company THIS 130N© RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint iVotfee To obtain information or make a complaint: You may call the Surety's toff free telephone number for iniormatlon or to make a complainf at: 1-866-732.0099. You may also write to the Surety at: SureTec insurance Company 9737 Greal Hills Trail, Suite 320 Aus#in, Tx 78759 You may contact the Texas department of Insurance to obtain information on companies, coverage, rights or complain#s a# 1-800.252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1 l71 Web: http:l/www.tdi.state.(x.us Email: ConsumerProteetlon@tdl.state.tx.us PREMIUM OR Ci.AIM DISPUTES: Should you have a dispute concerning your prem[um or about a claim, you should contact tha Surety first. lithe dispute is not resolved, you may contact the Texas ^epar#ment of Insurance. Terrorism Risks Exclusion The Bond to which Ihis Ridsr is attached does not provide caverage for, and the surety shall not be liable for, losses caused by acts of lerrorisrn, riot, GWl insurrection, or acts of war. A~ CERTIFICATE OF LIABILITY INSURANCE °"'~'M~°°"""''' 1/15/zo13 THIS CE;RT1FiCATE IS ISSUED AS A MATTER OF INFORfIAATION ONLY AND CONFERS NO RIGHTS UPON THE CI=RT1FIcATE HOLDER, THIS CERTIFICATE: pOES NOT AFFIRMATIVELY OR NEGATIVELY AME:N[3, EXTEND OR ALTER THE COVERAGE AFFORDED L3Y THE POl,fC11=S t3ELOW. THIS CERTIFICATE OF INSURANCE DOE$ NOT COtJSTITUTl: A CONTRACT BETWEEN THE fSSUENG INSURER(5}, AUTHORIZEp REPRE3!_NTATIVE OR PRODUCER, AND THE Cl=RTIFICATE HOLDER. IMPORTANT: [I the CsrilflCa#e balder Is an AL}pfT#ONAL INSURED, the pollcy(las} must be ondorsed. I# SUBROQATION IS WAIVED, subject to the terms anti conditions of the policy, cerlalR pollGlos may require an endorsarRent A siaternent on this GeriffiCa#a does not coR#ar rights to #hp cerfiflcefe holder In Ilet~ of such endorsemenf(s}. Pa0°ucER ~p~~ACr TiffanX Jones 13ICCS9 Insurance Agency PIiGH@ {259) 699-710Q ~ ie: t25dy699-668U 2100 Trimmiez', Suite 100 ~nD jones@bkcrr.aom P , O. Sox 996 INSURER S ArrnRDfHG CGVFfiAOE HAiC d Killeen TX 76540-0996 IHSURERA:Tlle t7n~,ted I:xre Grou INSURED INSURERD:T~le Princeton Excess and _ Cibolo Waste, Inc. dlDa Braxar Waste INSUREHC: 533 Main ..._..__-- 5ehert;z TX 78154-2144 INSURERF: COVERAGES CERTIFICATE NlJME3ER:CI.12121710895 RI;VlSION NUMBER; ~nta r~ tv c;trcttr-r trwt kris YULtI:kCS Ut~ INS{1RANCE FISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A60VE FOR THE POLICY PERIOD fNDICRTED. NOTWITHSTANDING RNY RECUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THl5 GERTIFICATE MAY nE ISSUED OR MRY PERTAIN, THE INSURANCE RFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE aEEN REDUCED SY PW D CLAENIS . , L:' R TYPk OE EHSURAHCE BR POLICY ErF POLICY E_XP POLICY UMBER hlND MMro° LIMITS GfiNEFtAILtAeIL1TY EACHOCCURRFIIC£ S S,000,OOO X COlL1hlERCWLGENERAL LIAHILErY PREMISES EBOOCY~r7E9 $ ~QO , OOO A CLAfEAS-A+IP°E a OCCUR 5316756 2/k5J2012 2/16/2013 _ MEUFxP ~~~ 5 5 r OOO PERSONAL~ADVINJURY 5 1 000 000 , , GENERAL AGGREGATE $ 2 000 000 , , GEIJi.AGGREGATELIM1rAPPLEESPER: PROilUCrS-COMPIOPAGG 5 2,000,000 i'ULICY X PRO- LGC $ nuTalYi0p0.ELIAaaiiY k48 G R D Ea ue t a 1 000 OOO ~y X ANY AUrO NED 8001LY IN3URY {Perperaon) $ ~OS A~OS LEO ~E 5316756 2/15/2412 2/16/2013 BODILYIN,IURY{Peta~deat) 5 H1REfJAUTOS AlITUS P [f «PERTY DAMAGtr $ ~ Pr f3arn3 S }{ UhSBRELLA LIAR OCCUR EACHOCCtJRRENf E X OOO 000 s E%CE39 LIAD CWIMS•WiDE , AGGREGATE 5 $ , ~ 1 000 OOO DED RL'rGNTION 6A3FF0000940^00 2/1&/2012 2/16/2013 $ , , WORHERS COAEPE7iSATION NC STRTD- 07H- AHDEt~WL4YERS'LIAeIE.ITY YIN U ~B•- ANY PROPftIETDRNAR7NF1LE1(EC11Y1VE OFFiCFAR.4I=Mf3ER E7(CLUDED? ~ NIA E.L. a/ACHACCIDENT S [MandalorylnHHl ff yyes desrn~o ceder E.L-pISEASE-FliEhiPLOYE 5 , OE5CRIPT[ONOFOPERAnONShau~y E.LrHSEASE-i>OLICYL1Mfr S DESCRkhTlOH OF OPER/1r10N3! LOGATIDNS rVEHICLES [Atfaeh ACORD 7df,AddlttortalRcmarks Schedule, Bmoro apace Is rOgvhod) SHOULb ANY OF THE ABOVE t}ESCRISEb POLNIES BE CANCELt,E;D BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL SE DEi.IViwRED IN THE CITY OF 3CHERTZ ACCORDANCE WITH 7NE POLICY PROVISIONS. 1400 SCHERT2 PP.I2ECiVAY 9CHERTZr 'I'X 78354 AUT}1ORREDAEPRESENTA7NE am Kliewe>r'JHUIE ~"~~~ ~ ~_~""""`~I nvur~v co {cu rwuol ~ 7yaa-1U7D ACORD CORPORATION. All rights reserved. iNS026{zotoos}.at The ACORp name and logo are regla#ered marks of ACORD Bond No. 5154©58 PERFORMANCE BOND KNOW Al.t. MEN BY Tt•tESE PRESENTS: chat, Cibolo Waste Inc. dba Bexar Waste (hereina(#er called Principal} as Principal, and _ Si~,re7eG Insufance Company a corporation duly organized under the laws of the State of Texas and duly authorized and licensed to do business in the _ State of Texas (hereinafter called Surety} as Surety, are held and frrmly bound unto City of Schertz (herelnafter called Obligee), as Obligee, In the full and just sum of ($ _aoo,aoo.oo ) Three Hundred Thousand Dollars to tl~e payment of which sutra, wail anti truly to be made, the said Principal and Surely bind themselves, their and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above Bounded Principal has entered into a certain written contract with the above mentioned Obligee dated fQr 8axarwasl©Munldoal5ol'dWasleCol[ectbnendff~ss~osslFrenc~~~QOrdinaace fnr a period of ~~~ (1 } years which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, and WHEREAS, the Obligee has agreed to accept a band guaranteeing the performance of the said contract for a period of only one year. NOW, THEREF'4RE, if Principe{ shall faithfully perform such conlraet or shall indemnify and save harmless the Obligee from ail cost and damage by reason of Principal's failure so to do, then this obligation shall be nu11 and void; otherwise it shall rernain in fu11 force and effect. F'ERi/ORMANCE BONt7 (Page 2 of 2) PROVIDED, FlOWEVER, that this bond is subject fo the following condiftons and provisions: 1. This bond Is far the term beginning January 1, 2013 and ending December 31, 2013 2. In the event of default by the Principal in performance of the contract during the term of this bond the Surety shall be liable only for the loss to the Obligee for actual excess costs of perforntemce of the contract up to the expiration of the term of this bond. 3. No claim, action, suit or proceeding, except as hereinafier set forth, s hail be instituted or maintained against the Surety under this instrument unless same be brought or instituted and process served upon the Surety within one year after the expiration of the farm of this bond. ~€, Neither no n-renewal by the Surety, nor failure, nor liability of the Principal to file a performance band for subsequent terms under said contract shall constitu#e loss fa the Obligee recoverable under This bond. 5. The bond maybe extended for additional terms at the opilon of the Surety, by continuation certificate executed by fhe Surety and the Principal. 6. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed and sealed ibis 1sE day ©{ January 2013 (Principal) ..,_.. ~ Surety) `~~ t By: ~~`~ By: Cindy McFall Attorney-1 Fact roA ri: 5154458 ~ureTec Insurance Company LYn~IT~n Po~v~R o~ .~rrro~uv~c~ ICrrow Al! Mett 6y These I'reseNls, That SUl2>;TLrC.INSURAi~ICLr Ct'3MPAi~Y (tho "Cotttpnny"), a corporation duly organized attd existlug under tha.Jarys ofthe-Shale of Texas, and having its principal otllCV in Houston, Harris Cowtty, Texas, does by these presents maKe, eoitstitute Ted appoint Cindy Mci+all its true attd Ia-vtltl Attotiavy-in-tact, wills titl# power attd authority hereby confetred iti ifs Warne, ltiace acrd stead, to eaccute, aeicno-viedge and deliver airy and all bonds, recognizauces, ttpderlaltings ar other instrutneitls or contracts of suretyship to include evolvers to the conditions of eoutrncts and consents of surety for: Prlnr#tral: Clbolo Waste Inc., dba Bexar Wasle Obligee:. City of Schertz Amount: ~ 300,000.00 and to bind fire Company iltereby as fitlly and to the same extent as if such bond were signed by the Prosidettt, sealed with tits corporate sell of rho Company and duly attested by its Secretary, ltcreby rntifying ottd cattFirnting at1 that tits said Attornayin-Fact Wray do in titQ prentlses, Said.appaintinent is made under and by attiharity of fire taitoaving resolutions of tiro Hoard of pirectors of the SuroTec Irtsttrattee Company: 1~e 1! 12esafvecl, that the President, any Vlce-President, any Assist><nt Viee•1'rt;sident, any Secretary or any AssislnM Secretary shat) be and is ltcreby vested with full polver and aulltorlty to oppoinl any qne or mare suitable persons fls Atiarncy(s}-In•Facl to represent nnd act for and on behalf of the Company subject to. the following pras+isio» 5: Alta+~lte}~flr-tact may be givon IGIt potvcr and authority for tntd iu rite name: of attd of behalf of the Company, to cxeeuto, nekrrv-vlcdgc and dclivcr,.any nnd all hands, rccognixancc~s, contracts, ogrccmcnts or indcntniiy end other conditional or abligtttory u+tdcitnkings and any and ail notices and doeuntents canceling br tenttinnthtg the Company's Ilnbilily~ tlterdunder, a+id any such instrurnents so executed by say such Attor>iDy-in-FrtcE shall be l+.ludhtg upon rite Company as if signed by the President a-td sealed and c(fccled by rile Ccrpornte Secretary. ~e It Resolved, tltnt lltC signaturo of arty aitlltor#zcd officer nnd st:al of ll-e Contpnny hcrclofora or l+crcntter affixed to a+fy power of atton-ey or any eo~tllicnte rcldtittg thereto by fhrsim#ta, and Ray power of tittoracy or certifealc bcnrirtg faesirnile signnutrc or facglmilc stn[ shalt be valid nnd binding npott tiro Compt+ity wilh respect to any bond or undertaking tv which it is aHnchcd. (Ado1tted n! n ureeting l+eltl on 2t]''t ofiprll, 1999.) Iii Winless Whereof, SURETtaC #NSU1tANCL~ C©MPANY free caused Ihesc presents to be signed by Its President, and [ts corporate seal lobe lteieto affixed-this 3t~1 day otSeptetnbt;r, A•D,•2010. vaAN SU)<tEx}~C J U]tATtC ~ CO]V1{1?AHY `~yg,,,.......~~~ . ~, x ~ ~ W 6 ~ y• J zt ~Cnox J ., larestdettt Stntc of'fexas ss: ~~ ;t ~ County of 1•larrls ~•^~••~ flu this 3rd day of Sclrtertaber, A•i]. 2010 before me personalty same Jol-n Knox Jr., to nta known, wito, bebtg by etc duty swonr, did depose ^nd. say; thn! ire resides.in 1•rouston, Texas, tftat ho is President vtSURRTEC iNSURAIdCIi GOMI'AAlY, the company. described in nnd ~vlticl_r axect+tcd the nbnve instnrrttenl; that he knows tho seal of said Cotnpnny; that Ina seal affixed to said instnmtcni is such corporate seal; that it -~~ns so afftxcd by-order of fire Board of Directors oi'snid Cotupnny; artd tltnl lie slgtted his nn+ne thereto by liko order, ~,uunrr.. ~~;,;~ tr/t~y ,inCAUt:tYN htAtDnNAt)t? )J)J Nolary public, St01e ett'axes ~~/~, rth Myt;omntissiQn expires ''s„1~~ ~llr~` M.Uy 1 @, 2013 ~~6 ac uely Ma1d n tto, l~lotary Public y cotnn fsslon expires May 1.8; 2013 1, M.13rent Beaty; Assis[ant Secretary of S[JtiRTL~C 1tVSURANCI: COMPANY, do hereby certify dint the above: and foregoing is a fret nnd corrcci copy of n Power of At#omcy,:exccttted by said Contpnny, avhlclt is still in full fbrcc turd effect; nnd tilrtltennoro, rho rest/ltdlons of Ilse Board of Directors, set out In the Power of Attomcy nrs; in fidt facto and effect. Civon tutdcr nay hand and rift/ seal of said Cantpany at Houston, Texas. tiffs jet day of Qreri! Beaty, Assistant t+y A.D. Any Instrument lsauest In excess of the penalty stated above Ea toiellyvnld and without any Validity. For veriiicaltan of the authority at thla power yvu may oaf! 17'i3~ 812.0@00 any buslnasa day belwasn 8:04 am and t3:Q4 pm CBT. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain Information or make a complaint: You may call the Surety's toll tree telephone number for information or to make a complaint at: 1.856732-0099. You may also write to the Surety at; SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Aus#in, Tx 78759 You may contact the Texas Department of Insurance #o obtain Information on companies, coverage, rights or complaints at 1-800.252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web; http:llwww.tdi,state.tx.us Email: CansumerProtectlon c~tdi.state.tx.us PREMIUM DR CLAIM ©15PUTES; Should you have a dispu#e concerning your pr~mlum or about a claim, you should contact the Sure#y first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which Phis Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ~ 7 ~ ~ ,4~ ° CERTIFICATE 4F LIABILITY INSURANCE PATE (hth4lpplYYYY) 1/242013 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO 171GHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND Ott ALTER TWE COVERAGE AFIORDED BY THE POLICIES BELOW, THES CERTEFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE fSSUING INSURER{S), AUTHORIZED REPRESENTAT)V1; OR PRODUCER, ANO THE CERTIFICATE HOLDER. IMPORTANT: If the cer#ificafa holder is an ADDITIONAL INSURED, the polfcy(ies) must be endorsed. if SUBROGATION iS WAIVED, subJect t° fhe terms and condlfi°ns of the p°[icy, certain p°llcfes Inay requlie an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement{s). PRODUCER GONTAC7 Sara Huie NAME: ISKCW znsua:anCe Agency PH°NE (254) 699-71fl0 A' ~ N0: 1254)699-6680 2100 Trimmier, Suit@ ,10© A°©RES5•Yiule~b)GQW.QOm P.O, BOX 99~ INSURE S AFFOR°INGCOVERAGE NAIC# Killeen TX 76540-0996 INSURERA:The United Fire Grou INSU~E° tNSURERB:The Princeton Excess and Ci]JOIo Waste, Int. dba Bexar Waste INSURERC: !J' 33 Main ~ INSURER°: - INSURERE• SC)]ertZ TX 7$154-2144 INSURER F: rn~rconr_cc r~w-rlrtrA'rG Evl InhraGra•(`T,121217iDR95 RF1lISIC1N At[Ir<11Rt=R~ THIS fS TO GERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM 4R CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY. 13E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN fS SUBJI"CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS, ' INSR LTR TYPE OF INSURANCE App4 SUER POLICY NUf71BER MNOI1LAtUY EFF MMrnnY 1=XP LIPbtT$ GENERAL LIABILITY EACH OCCURRENCE 5 1 r 000, fl00 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence S 100,, 000 A CLAIM5•MADEOCCUR 5316756 2/1,6/2tlI2 2/16/2013 h1EDEXPM oneparsan 5 5,flflfl PERSONAL&AOVINJURY S 1x000,000 GENERAL AGGREGATE S 2 , OOfl x 000 GEN'LAGGREGAFELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG S 2x00fl,000 POLICY X PRO- LOC S AUTOMOSILELIA8ILITY C,OMeB~N~EDSINGLEUMIT S ], 000 000 X ANY AUTO SODILYINJURY{Perperson) S ~ ALL OWNED AUTOS SCHf;AULED 5316756 2/1.6/207.2 2/16/2013 DODILYINdURY{Peracclderiq -S N,ON-OWNED AMAGE E Pe~a e R S HIREDAffF05 AUTOS a Ed nt e Pro Dama e S X UA76RELLA LfA6 pCCUR EACH OCCURRENCE s 1, fl a0 , o 0 0 B EXCESS LIAR CLAIMS-MADE AGGREGATE S Z x 000, 000 DED RETENTIONS b6A3FF0000940-00 2/7.6/2012 2/16/2013 S WORKERS COMPENSATION 41C STATU'- OTH AHD EMPLOYERS' LIABILITY ANY AROPRIETORlPARTNERIEXECUTI4E ~ E.L_ EACH ACCIDENT S OFFICER/MEMSER EXCLU9E0? {Mandatory In NH) N!A E.L DISEASE - EA EMPLOYE S If yes, desrn'he-under DESCRIPTION OF OPERATIONS betaw E.l_ DISEASE -POLICY L)MIT S °ESCRIPTION OF OPERATIONS f LOCATIONS! VEHICLES {AHach ACORD'101, Add€Ilonal Remarks Schedule, if more spate Is required} The General Liability policy includes a blanket automatic additional insured endorsement (CG 71 52 06 11) that provides additional insured status to the certificate holder only when there is a written contract_ between the named insured and the certificate holder that requires such status. The Business Auto policy includes a blanket automatic additional insured endorsement (CG 71 09 01 06) that provides additional insured status tp the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. C:tK! IhILA I i; r1UL.UtK ~nry~+~a.~n ~ ~v~• (210) 619-1"769 City of Schertz 3.400 Schertz Parkway Schertz, TX 7$154 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLER BkFORE THE f~XPIRATION DATE THEREOF, NOTICE WILL BE DI;LIVERE=D ItJ ACCORDANCE WITH THE POI.ECY PRDVISEONS. AUT7{ORIZE° REpRESENTATNE lam 1Cliewer/HUIE ACORD 25 (2D'iDlD6) v raoo-cu w n~.vnv ~.vi.rviv+~,.,... ~,., ..a,. ... .............. tNS026 t2ofoo~.of The ACORII name and logo are registered marks of ACORD COMMENTSIREMARKS The General Liability and Auto policies include a blanket notice of cancelation to certificate holders endorsement, providing far 30 days advance notice if the policy is canceled by the company other than for nonpayment of premium, ~.0 days' notice after the policy is canceled for nonpayment of premium. Notice is sent to certixicata holders with mailing addresses on file with the agent of the company. The endorsement does not provide for notice of cancelation if the named insured requests cance~.ation. OFREt~IARK COPYRIGIiT 2040, .AMS SERVICES INC. ~"'1 ~, .q~ °- CERTIFICATE OF LIABILITY INSURANCE IJATE(MMlDDlYYYI~ 3/4/2013 THIS CERTIFICATE ES ISSUED AS A MATTER OF' INFORMATION ONLY AND CONFER5 NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATi= DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXPEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFIGATE OF iHSURANCE DOES HOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE GERTIFICATE HOLDI=R. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy{ies) must be endorsed. If SUBROGATION i3 WAIVED, subject fo the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certi#icate holder in Ileu of such endorsement{s}. PRODUCER CONTACT tiWeri Crouch AME: BDI PRONE (830) 303-8300 PAx AEC o•(030}303-6363 Barnard-Donegan Insurance a©oIILESS:gcrouch@hdi-insurance.com 319 PT. Camp Street INSURERS AI'FORDINGCOUERAGE NAIC1# Seguin ~~{ 78156 r ' INSURERA: exas Mutual Tns. Ca. i 2945 INSURED INSURER B Cih014 Waite, Ina. , DBA: Ciba $exar Waste iNSURERC: P . O . $O7C 519 iNSI1RER D 533 Main IHSURER E : Schertz TX 78159 wsuReRF: l.vvtKRCirS (;Eh'TIFICATFNEIMFSFR•12-13 - WC hTii,Y octirre~n~r~irixnero. THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM Oft CONDITION OF ANY CONTRACT OR OTHER DOCUMIrNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE ]NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUGED BY PAID CLAIMS. tLTR TYPE OF INSURANCE ADD SUER POLICY HUMBER POLICY EFF MhVDD1YYYY POLICY EXP MM1Dp LIMITS GENERAL LIAB€LiTY EACH OCCURRENGE $ COMMERCIAL GENERAL LIABILITY DAMAGE 70 RI=NTED PREMI S E"a ooaarsence S GIAIMS-MADE ~ OCCUR MED FJCP (Any ono person) S PERSONALSADVINJURY $ GENERAL AGGREGATE S GENLAGGREGATELIMITAPPLIESPCR: PRODUCTS-COMP1gPAGG S POLICY PRO LOC g AUTOM081LE LIABILITY COMBINED SINGLI= LIMIT Ea accEdent S ANY AUTO ALLOWN€D epDILYINJURY(Perpersan) $ AUTOS SCREDULED AUTOS BpDILYIN#URY(Peraocidenl) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE S per accldeni 5 UMBRELLA LIAB OCCUR EACH OCCURRENGE $ EXCESS LIAB CLAIMS•MADE AGGREGATE 5 DED RETEt3TIONS S ~, WORKERS COMPENSATION 44'C STATU- OTEi- AND EMPLOYERS' LIABILITY Y! N X ANY AROPRiETORlPARTNERIEXECUTIVE OFFtCERR.IEM9ER EXCLUDED? ^ NIA £.L EACH ACCIDENT S 500 000 (MandatorylnNHj If yes descrlbo under S~DOD1199210 9/16/2012 9/16/2019 EL DISEASE-EAEMPLpYE S 500 000 , DESCRIPTION pF OPERATIONS Below E.L. DISEASE -POLICY LIMIT $ 500 000 DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES (Attach ACORD 10i, Addltiona! Remarks Schedule, if more space is required) ~heWorkers~ Compensation Policy includes a blanket automatic waiver o£ subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requiros it. A 30 Day Notice o€ Cancellation will be provided in the event oa± cancellation, except l0 Days for non-payment o£ premium. rastain@ satlertz , com City o£ Schertz ATTN: Mike Stain 1400 Schertz Parkway Schertz, TX 787.54 CLL.H i ILIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERI=OF, NOTICE WILL BE bELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOREZED REPRESENTATIVE Seott Darnard/ICIliH ~~ ARV ~ ~~~w ~ Maus-zuTaAC~~za coRPORATION. Ali rights reserved. 1NS025t~t#tn(151n7 Tien A['f]Rrl Homo and Innn era rerilctorari marlrc of A(:(1Rr1