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Ordinance 13-F-03 Bexar WasteORDINANCE 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; AND PROVIDING FOR PENALTIES NOT TO EXCEED $200 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 Schertz to have a municipal solid waste collection and disposal service in the City of Schertz, Texas; and WHEREAS, pursuant to Ordinance Nos. 01 -F -2, 03 -F -22, 07 -F -07, and I 1 -F -35, the City has had a two -year renewing non - exclusive franchise relationship with the Franchisee named below; and WHEREAS, City staff recommends that the City Council award a seven -year non- exclusive Franchise to the Franchisee; and WHEREAS, the City Council has reviewed the Franchisee's record of service and continues to be satisfied with the qualifications of the Franchisee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. Section 1. SHORT TITLE. This Ordinance shall be known and may be cited as the Bexar 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, brush, 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. Temporary is defined as any period of less than thirty (30) days. 50553904.6 d. Permanent 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. GRANTS 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 service for the collection and disposal of MSW. 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 franchises 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, casements, and public ways within the City of Schertz for 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 INDEMNIFY AND SAVE HARMLESS THE CITY, AND ALL AGENTS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES THEREOF FROM AND AGAINST ANY AND ALL LOSS SUSTAINED BY THE CITY ON THE ACCOUNT OF ANY SUIT, JUDGMENT, CLAIM, OR DEMAND WHATSOEVER, RESULTING FROM THE NEGLIGENCE ON THE PART OF THE FRANCHISEE, ITS AGENTS, OR EMPLOYEES IN THE PERFORMANCE OF SERVICES UNDER THIS ORDINANCE. The provisions of this Section 4.a. shall survive the termination of this franchise as to events occurring during the term of this franchise or as to claims made regarding such events for a period of two (2) years following the termination 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 for 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. 50553904.6 2 (2) A certificate or certificates issued by the insurer evidencing the coverage, cancellation, and amendment provisions set forth in this 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 franchise commencing January 10, 2014. (3) Upon written request by the City Manager either the original policy (or policies) or copies certified by the insurer must be delivered to the City Secretary. C. Bond. The Franchisee shall furnish an annually renewable bond to the City in the amount of $300,000 guaranteeing the faithful performance of the Franchisee's obligations under the terns of this Ordinance, which bond shall be in force no later than the date of second and final reading and be subject to these requirements: (1) The bond shall be conditioned upon the requirement that the Franchisee shall well and truly observe, fulfill, and 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 City for the cost of the City's performing or causing to be performed the Franchisee'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 bond shall be in a form and contain such additional provisions as may be required by the City Attorney. (4) Such bond shall be executed by the Franchisee as principal and one or more sureties approved by the City Manager. (5) Either the bond 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. 50553904.6 3 Section 5. MINIMUM QUALITY AND PERFORMANCE STANDARDS. Acceptance of this Ordinance by the Franchisee carries with it expectations of both efficiency and quality of service by the Franchisee. The standards below are considered minimum standards. a. Quality of Service. Customer satisfaction is the ultimate measure of the quality of service. The Franchisee will make every reasonable effort to insure the rate paying customer is treated with due courtesy and respect. The property of the customer will be treated without abuse. Informal complaints will be resolved as quickly as possible with the customer receiving the benefit of the doubt. Formal 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 manufactured 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 Frequencies of Pickup and Holidays. (1) The Franchisee shall make no collections in residential areas prior to 7:00 a.m., and collections in business districts shall not be commenced earlier than 6;00 a.m. When a business is within 500 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 uniform 96 gallon MSW containers by the Franchisee at no charge to the customer ( "Zone I "). If no such container has been provided to a residential customer, there will be twice weekly pickup of MSW from such customers ( "Zone 2 "). The Franchisee shall provide the City and update fiom time to time a current map of the City showing Zone 1 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 request by the City, the Franchisee shall provide the City with a summary of all such commercial pickup arrangements. (3) Collection will be made for all residential accounts twice weekly regardless of National or State holidays, except for Christmas Day, New Year's Day, July 4, and Thanksgiving Day. The Franchisee may observe any or all the holidays noted above. However, the Franchisee shall collect MSW at least one day per cycle during those weeks when holidays are observed. 50553904.6 4 d. Routes and Pickup Points. (1) The Franchisee will provide proposed routes for purposes of the collection of regular garbage, small brush and limb pickup as follows: Zone 1 Monday Tuesday Wednesday Zone 2 Monday and Thursday Tuesday and Friday Wednesday and Saturday The City must approve such routes prior to commencement of operations. (2) Trash containers shall be placed so that they are accessible from the curbline without the collector entering upon private property. Special cases to allow for fi•ont 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 -four (24) hours prior to the time of collection nor later than twenty -four (24) hours after the time of collection. e. Types of Containers. Trash containers shall be watertight receptacles of solid and durable grade of metal or plastic, not to exceed thirty (30) gallons in capacity (except as set forth in Section 4.c.(2)) or plastic or other waterproof bags manufactured for the purpose 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 free discharge of the contents. Containers that have deteriorated or that have been damaged to the extent of having jagged or sharp edges capable of causing injury 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 for 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. Trees, 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 50553404.6 and grass clippings and small brush items are to be placed in cardboard containers, plastic trash bags, or 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 from the City's animal services department at no charge to the City. The Franchisee shall pick up large dead animals located in a right-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 identifiably belong to an individual or entity (i.e., a wild deer), the City shall pay the cost 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) Traffic Accident Debris. The Franchisee 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 officer or other City employee. The Franchisee may invoice 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 no obligation to remove wrecked or disabled vehicles. If the Franchisee fails to adequately respond with a roll -off unit or other suitable equipment (all as determined by the City) within one (1) hour, the Franchisee agrees that the City may contact another person or entity 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 Franchisee within ten (10) business days of the City's invoicing of the Franchisee. In such case, such person or entity shall not be required to hold a solid waste disposal franchise with the City. (4) Special Services. The Franchisee will provide services for special residential pickups, such as new move -ins, tree trimming, and similar circumstances. The Franchisee may charge a fee for this service to be billed by the City. g. Area of Service and Interruption in Service. (l) The Franchisee will collect MSW and recycling material from all residences and MSW from all commercial businesses in the City not delinquent in the payment for 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 (48) hours, the City shall have the right to make temporary independent arrangements for the purpose of 50553904.6 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 Franchisee. (3) If the interruption in service described in the paragraph next 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 Logs. (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 5h(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 construction or major remodeling; resulting from a general cleanup of vacant or improved property just prior to its occupancy; or resulting from sizable amounts of trees, 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 S. DISPOSAL OF MSW. The Franchisee shall 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 fiom time to time by the Federal Government of the United States of America and the Texas Commission on Environmental Quality. 50553904.6 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 Cleanup. This pickup will include Iarge household appliances, furniture (and other bulky items) tires or other material not normally 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 small 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 Fall Cleanup. Scheduling will be at the discretion of the Franchisee, with a minimum of 150 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 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. 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 Franchisce. 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 fully comply with the laws of the State of Texas and rules established by the Texas Commission on Environmental Quality. 50553904.6 8 C. 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 final passage hereof, as provided by law, and shall continue in force 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 (6) 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 (7) 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 4.a. (Indemnification), 4.b. (Insurance), and/or 4.c. (Performance Bond). Upon the City's determination that the Franchisee has failed to comply with any or all of such provisions, the City may notify the Franchisee in writing that it is exercising its right to terminate this franchise on thirty (30) days' (or longer, at the option of the City) written notice to the Franchisee; provided, the termination of this franchise by the City due to the Franchisee's failure to comply with Section 4.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 terminate this franchise on thirty (30) days' (or longer, at the option of the City) written notice to the Franchisee. . (3) The City may terminate this franchise for failure by the Franchisee to comply with any other provision of this Ordinance if (a) the City has notified 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 or (b) the City has 50553904.6 9 notified the Franchisee in writing of such failure twice within a six (b) month period. Such termination shall be effective upon thirty (30) days' (or longer, at the option of the City) written notice to the Franchisee. (4) Following receipt of notice of termination under 10.c.(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. 5everability. 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 the remaining portions thereof. b. City Regulations. At all times during the term of this Ordinance, the Franchisee shall be subject to all lawful exercise by the City of its police power and to such reasonable regulations as the City shall from time to time provide, pursuant to the exercise of such police power. C. Rights of City. The Franchisee, by acceptance of this Ordinance, expressly acknowledges and accepts the right of the City to issue such franchisc and further agrees to fully comply with all appropriate regulations promulgated by any appropriate government 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 or corporation without the prior written approval of the City Council, such approval not to be unreasonably withheld. Section 13. COMPLAINTS AND RESOLUTION. a. Complaints. Complaints from or by the public or a particular customer must be in writing and mailed (or presented) to the City Manager or designated representative for action. b. Penalties. The Franchisee will pay a penalty of not less than $25 or more Than $200 for each customer complaint not satisfactorily resolved. Satisfactory resolution will be determined by the City Manager. The Franchisee may appeal to City Council, which will make a final determination. The penalty will be deducted from the Franchisee proceeds the for billing cycle following City Manager determination unless appealed, in which case City Council will provide further instruction. Twenty -five (25) unresolved complaints will be a basis for contract review by City Council for possible franchise termination. 54553904.6 10 Section 14. INVESTIGATION AND PUBLIC HEARING. The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of 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 and 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 refuses to give testimony before the City Council, the City Council shall have power to terminate 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 certified 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, 1400 Schertz Parkway, Schertz, Texas 78154, 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 purposes. Section 17. BILLING, COLLECTION, AND PAYMENT. a. Billing and Collection_. For the put-pose 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 small 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 turned on to that customer). All charges shall be due and payable each month concurrent 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 for lack of payment of any garbage bill 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 term 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. 50553404.6 11 b. Recycling Containers. The Franchisee shall provide appropriate bins for recycling to each 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. C. Customer Participation. Participation in the recycling program is voluntary but highly encouraged. 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 or entity who shall perform franchise services described in this Ordinance, without authority of a duly awarded franchise and payment of consideration, shall be cited by the appropriate City agency, and shall be subject to a penalty not to exceed two hundred dollars ($200) for each and every day such a service is unlawfully 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 appropriate 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 under this Ordinance, who fails to comply 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 Material. 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. 01 -F -2, 03 -F -22, 07 -F -07, 11 -F -35, and any other Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed. [Remainder ofpage intentionally left blank.] 50553904.6 12 III. PASSED ON FIRST READING, the 29 th day of January, 2013. PASSED, APPROVED, AND ADOPTED ON SECOND READING the 5th day of March, 2013. R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (Sea] of City) 50553904.6 S -1 ACCEPTED: CIBOLO WASTE INCORPORATED, AS FRANCHISEE By: Title: RieF5lOewr Notice Address: Cibolo Waste Incorporated P.O. Box 577 Schertz, TX 78154 Attention: Henry Gutierrez STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged on y [ (,Pe- , 2013 by Henry Gutierrez, President of Cibolo Waste Incorporated, a Texas corporation, on behalf of such corporation. (NOTARY SEAL) *nr►»rrr»r » »rl►rr►ur»»r»r»rr1»» rluu»»rr»rr»► »u y 4 1 � r» �» n►» rr r r» r »»rrN ►u »» irn) a urr »n r r» r»» +l r» n rr � w Notary Public in and for the State of Texas Commission Expires 11-D3- QU� 50553904.6 S -2 Exhibit "A" Rates Garbage Collection Fees 2012 -2013 2014-2015 2016 -2017 1 2 18 2019 Residential: Class It Residential, Single Family, per month $ 11.36 3 11.70 $ 12.05 S 12.41 2 Cart pickup $ 17.02 $ 17.53 $ 18.05 $ 18.59 3 Cart Pick up $ 22.70 $ 23.38 $ 24.08 3 24.80 4 Cart Pickup $ 28.37 S 29.22 S 30.09 $ 30.99 ReoYcling Fee, per manth/container $ 1.87 $ 1.93 S 1.99 $ 2.05 Special Pickup: Move Iris, Special Tree Trimmings, oversize S 15.83 S 16.30 S 16.79 3 17.29 materidia, & similar Circumstances; minimum Claw LA: Residential , Front Ctub, per month $ 16.59 S 17.08 3 17.59 S 18.11 Class IS: S 11.36 $ 11.70 $ 12.05 $ 12.41 Once a week residential pick -up in selected areas. (Contractor will provide a 96 gallon cart at no charge); per month Class H. Mobile Home Paris $ 9.06 S 9.33 $ 9.61 $ 9.90 'fobila Home Parks {2 or more mobile homes) (based on number in park on the 15th day of the month), perutut %monthly Class 1Q: Apartments $ 9.06 $ 9.33 $ 9.61 $ 9.90 per unit/monthly Clans N. Motels S 4.00 S 4.12 S 4.24 3 4.37 per unit f monthly 50553904.6 Exhibit "A "- 1 City of Schertz Schedule of Fees bar age CollecUon Fees I 2012-2013t 2014-2015 1 2016-2017 1 20 8 -2019 2 Commeralal Class V: $ 14.38 $ 14,81 $ 15,25 $ 15.70 Of icES barber shops and Professional services, per month class VI: $ 29.80 $ 25.54 $ 26.30 S 27.08 Light retail, wholesale, crommercie! orindustrial, 2000 to 4000. square feet and excluding large grocery stores, etc., per month Class VA_ $ 3602 $ 37,09 $ 38.20 $ 39.34 Medium retail, wholesale commercial or industrial (2000 to 9000 square feet and exclnde largo giveery Moro, ete.), per month 2 Cart, 1 pickup per >, "k $ 37.18 S 38.29 $ 39.43 $ 40.61 class VDI: Heavy Volume retail wholesale, co mmrariat, or industrial [placement determined by &time and cask study of refuse generakion and collectian. The categories in this class usually require hand loading from rooms or pens and would eotapplyc hen commecial containers are used -) A. Two AEekly pickups of 1.5 cubic yard containers, excluding large grocery, furniture or department stores, per month $ 64.00 $ 65.91 $ 67.87 $ 69.89 50553904.6 Exhibit "A "- 2 [nrb2ge Collection Fees 1 2012 -2013 20142015 2016 -2017 1 2018 -2019 B. T%m weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month $ 127.99 $ 131.30 S 135.73 $ 139.77 C. Three weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month $ 199.99 $ 205.95 3 212.09 $ 219.41 D. Pourweekiy pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month S 239.96 S 247.11 $ 254.47 $ 262.05 E. Five weekiy pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month S 319.96 $ 329.49 S 339.31 S 349,42 F. Six weekly pickups of 4 cu. Yard containers, including large grocery, f unitrrc or department stores, etc., per month S 400.00 S 411.92 $ 424.20 S 436.84 G. Customer requiring more than four (4) cu. Yds each pickup would he charged per cu. Yds. Collected., per yard S 4.43 $ 4.56 $ 4.70 $ 4.84 50553904.6 Exhibit "A "- 3 City of Scheriz Schedule of Fees jambage Collection Fees - 3. Comme2CW Containers. CONTRACTOR will provide cammemial containers to those cusloraes who desive to use them in lieu of gaubage cans. She use of such CONTRACTOR provided contain[ is mquired by (his cpnLracl- Rates ror containers and pickup Nvill be based an the following table: Container Bice: Frequency of Pickup 2012 -2013. 1 2 3 4 5 6 2 ca. Yard S 54.44 $ 92.70 $ 111.96 $ 128.00 $ 144.00 $ 159.98 3 ca. Yard 3 65.61 $ 118.36 $ 163.20 $ 187.15 $ 211.19 $ 235.16 4 ea. Yard $ 81.55 S 140.82 $ 191.97 $ 231.96 $ 271.98 $ 311.98 6 ca. Yard $ 115.23 $ 191.97 $ 263.99 $ 336.01 $407.92 $ 479.94 8 m. Yazd - S 136.01 $ 247.97 $ 343.93 $ 439.95 $ 536.62 $ 631.95 10 ca. Yard S 156.76 S 287.93 $ 407.92 $ 511.97 $b15.93 $ 719.90 20142015 1 2 3 4 ti 6 2 ca. Yard S 56.06 $ 95.46 $ 115.30 $ 131.81 $ 148.29 $ 164.75 3 cn. Yazd S 67.57 $ 121.89 $ M.06 $ 192.73 $ 217.48 $ 242.17 4- ea.Yard S 83.96 $ 145.02 $ 197.69 $ 238.87 $280.09 $ 321.28 6 co. Yazd S 118.66 $ 197.69 $ 271.86 S 346.02 $ 420.08 $ 494.24 8 cm. Yazd $ 140.06 $ 255.36 $ 354.18 $ 453.06 $ 552.61 $ 650.78 10 on. Yard S 161.43 $ 296,51 $ 420.08 $ 527.23 $&34.28 $ 741.35 50553904.6 Exhibit "A "- 4 City of Scheftz Schedule of Fees [Gwbage Collectlon Fees 1 2012-20131 2014-2015 1 2016-2017 1 2 20162017 1 2 3 4 5 6 2 cu. Yard $ 57.73 $ 98.30 $ 118.74 $ 135.74 $ 152.71 $ 169.66 3 cu. Yard $ 69.58 $ 125.52 $ 17307 $ 198.47 $ 223.96 $ 249.39 4 cu. Yard $ 86.48 $ 149.34 $ 203.58 $ 245.99 $ 288.44 $ 330.8$ 6 cm. Yard $ 122,20 $ 203.58 $ 279.96 $ 356.33 $ 432.60 $ W8.97 S cu. Yard S 14423 S 262.97 $ 364.73 $ 466.56 $569.08 $ 670.17 10 cu. Yard $ 166.24 $ 305.35 $ 432.50 $ 542.94 $653.18 3 763.49 2018.2019 1 2 3 4 5 6 2 ca. Yard $ 59.45 $ 101:33 $ 172.28 $ 139.79 $157.26 $ 174,72 3 cu. Yard $ 71.65 $ 129.26 $ 178.23 $ 204.38 $230.63 $ 256.82 4 cu. Yard $ 89.06 $ 153.79 $ 209,65 $ 253.32 $ 297.04 $ 340.71 0 M. Yard $ 125.84 $ 209.65 $ 288.30 $ 366.95 $495.49 $ 524.14 8 en. Yard $ 148.53 $ 270.81 $ 375.60 S 480.46 $586.04 $ 690.14 10 cu. Yard $ 171.19 $ 314.45 $ 445.49 S 559.12 $ 672.64 S 78639 4. Rcll•O1F Rates Per Puff Open Top Containers . Dry Material 20 cu. Yard $ 295.95 S 304.77 g 313.85 $ 323.20 30 cu, Yard $ 351.93 $ 362.42 $ 373.22 S 384.34 40 co. Yard $ 407.92 $ 420.08 $ 432.60 $ 415.49 Roll. ad Rental (no pulls within haling cycle) $ 122.37 $ 126:02 S 129.78 $ 133.65 per wnteiner per n nLh 50553904.6 Exhibit "A "- 5 Garbage Collection Fees 1 2012 -2013 20742015 2016 -2017 1 53M-01-91 Collection and Disposal of Municipal Wastes $ 36.05 $ 37.12 $ 40.80 3 42.02 $ 43.27 S 5. Wet !Material Rates on Compactor containers $ 47.60 $ 49.02 $ 50.48 $ 51.98 $ 54.40 or open top containers with wmt material must be $ 57.69 3 59.41 $ 61.19 S 63.01 S 64.89 $ negotiated with cuutomem at the time they are $ 27.28 $ 28.09 $ 28.93 S 29.79 needed. This type ofwaste must be hauled to a Type I landfill which generally has a higher disposal rate attached to it. Roll -off Container Delivery Charge per container $ 35.67 3 36.73 $ 37.82 $ 38.95 RnH -off Relocation or Trip Charge per container $ 35.67 $ 36.73 $ 37.82 $ 38.95 2 cu. Yard compactor, per month 12 services per week) $ 210.86 $ 217.14 $ 223.61 $ 230.27 Extra pick ups (2 yard compactor}, each $ 79.95 $ 82.33 S 84.78 $ 87.31 4 cu. Yazd compactor, per month 12 services per week) $ 434.39 S 447.33 3 460.66 $ 474.39 30 on yard Compactor, per pull $ 535.94 S 551.91 $ 568.36 S 585.30 40 cu yard Compactor, per pull $ 636.74 $ 655.71 $ 675.25 $ 695.37 30 cu yard Open -top (Rcoyefe), per pull $ 199.86 S 205.82 $ 211.95 $ 213.2 Frout -Load container extra pick -up charges 2 cu yard 3 cu yard 4 cu yard 6 cu yard 8 cu yard 10 uu yard OVER WEIGHT CHARGE To address non standard requests, the solid waste contractor can negotiate a fee with the customer requesting the service. The City will collect 15% of the negotiated fee per the franrhiso agreement. 50553904.6 Exhibit "A "- 6 $ 27.20 $ 28.01 $ 28.84 3 29.70 $ 34.00 S 35.01 $ 36.05 $ 37.12 $ 40.80 3 42.02 $ 43.27 S 44.56 $ 47.60 $ 49.02 $ 50.48 $ 51.98 $ 54.40 S 56.02 $ 57.69 3 59.41 $ 61.19 S 63.01 S 64.89 $ 66.82 $ 27.28 $ 28.09 $ 28.93 S 29.79 Bond No. 5154058 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that, Cibolo Waste Inc. dba sexar Waste (hereinafter called Principal) as Principal, and SufeTec Insurance Company a corporation duly organized under the laws of the Slate of Texas in the Slate of Texas and firmly bound unto City of Schertz and duly authorized and licensed to do business (hereinafter called Surety) as Surety, are held (hereinafter called Obligee), as Obligee, In the full and just sum of ($ 300,000-00 Three Hundred Thousand Dollars to the payment of which sum, well and truly to be made, the said Principal and Surety 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 for l;laxst Wasta Munldpal Solid Wage Goliedlon and 01sRgsaJ Fra lsaOdlnanee for a period of one (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 bond guaranteeing the performance of the said contract for a period of only one year. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise It shall remain in full force and effect. PERFORMANCE BOND (Page 2 of 2) PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond Is for 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 performance of the contract up to the expiration of the term of this bond. 3. No claim, action, suitor proceeding, except as hereinafter set forth, s hall be Instituted or maintained against the Surety under this instrument unless same be brought or instituted and process served upon the Surely within one year after the expiration of the term of this bond. 4. 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 shall constitute loss to the Obligeo recoverable under this bond. 5. The bond maybe extended for additional terms at the option of the Surety, by continuation certificate executed by the Surely 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 this 1st day of January 12013 (Principal) (Surety) S By. By; D Cindy McFall Attomey -I Fact PoA a, 5154058 SureTee Insurance Company LIMITIID POWER OF ATTORNE, Y Know All Mwi by These -PreseJVS, That S1-111E7'EC.INSURANCE COMPANY (the ,Company ,,), a corpdfAtion duly organized and oxistfng underIks.)aWs of the Slate of Texas, -and having Its principal ofgce -fn Houston, Harris County, Texas, does by the=se presents make, i<onstitule and appoint Cindy McFall Its true And la %Yfut AttornoyIn-fael, with frill power and authority hereby conferred hf its name, place and stead, to execute, acknowledge bad deliver fifty and all bonds, reeognizaaces, underlakings or other instruments or contracts of suretyship to fnelude waivers to the conditions of Contracts and consents of surety for: prhtetpal; Cibolo Waste Inc., dba Bexar Waste Obllgee:. City of Schertz A,nount: $ 300,000.00 find to bit ►d the Coulpany thereby as fitlly and to the solve exiew as If such bond were signed by the Presidont, sealed wilh the corporals seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Sa(d.appoillttllent is made under and by authority of the following resolutions of the Board of Directors of the SureTee Insurance Contpany;- Be 11 Resolved that the President, ally Vlce- President, any Assistant vice- President, any Secretary or any Assistant Secretary shell be slid 1s hereby vested with full power and authority to oppoint any one or more suitable persons as Attorney(s) -hl -pact to represent and act for and on behalf of the Company subject fo. the following provisio,is: Anonia)Liti -Fact may be given full power and authority fbr mid In the name of and of behalf of the Company, to oxccuto, acknowledge turd deliver,.any and all bonds, recwgnizances, contracts, agreements or indemnity And other conditional or obilgalory underiaktttgs And any and all notices and docnn►oilts canceling or terminating file Cohipany's iinblllly theremldcr, and any such Instrumonis so executed by sny sued Afforhoy -In -pact shall be blilding upon llic Company as if signed by the President mid senlcd and e[ %cled by the Corporate Secretory. Be U Resolved that Me signature of miy authorized officer and $Cal of (ho Company here[ofora or hercafler Aflixcd to any poiver of attorney or any certificate relating ilicrclo by M"Imitu, slid tiny power of Attgrncy or ccaificale bearing Mosimilo slgnamM or fnesimile:soal shell be vlllld and binding upon ll,o Compeify with respect to any bold or undertaking to which It, Is attached. (Adoplad at a r,reell „g Held on 20 ofdpril, 1999.) Ill fPllrress Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by Its President, and its corporate seal to be hereto afFixed'Ihis 3rd day of September, A.D. 2010. SURET11.0 1 URANC , COMPANY By: n i[ttox J ., resident Stale of Texas ss: � Y y4. County of Harris -.. 6a illis 3rd day of Soptoirkr, A.D. 2010 before me perswlAlly carne John Knox Jr., to me known, who, being by ma dilly sworn, did depose and say, that 114 ro$Ides.hl llouston, Tws, that he Is Y sldent of SURRTE'C INSURANCE COMPANY, the company. described In and whlcti executed the above imtrumbltl; that ho latows the seal of said Company; Thal Ilia sent Affixed to said iusinnncnt k such corporate seal; that fl was so afflxed by order of the Board ofbircctors of-said Company; and Ihat ho signed his came thereto by liko order. {r <<A o a ry oeStTe N Pit. ate 61 as My Commission Fxptres May 18, 2013 11viye, u el Mald Il do, Notary Public coma fission oxpires May 18, 2013 I, I!vl: Brent Beaty, Assistant 5ecrotary of SURSTLC INSURANCE COMPANY, do liorcby certify flint the above. dad foregohig is a true and correct copy of a Power of Attowy, :exeeuted by said Company, wilich Is $1111 hl full fbrce and effect; And tl,rtliennoro, Ilia resolullons of the hoard of Directors,-set ouI In the Power of Attorney Are in fill -force and oftccl. Olven under any hand and the seal of said Company at Houston, Texas.lhis 1st day of ^ January - f2013 A.D. Bro6f ioeaty, Assistant Any Instrument 11151.16d In Maas of the penalty stated above Is totally.vold and without any validity. For varitleatlon of the authority of this power you may pall (713) 812.0800 any bualnean day between 8:00 am and 8:00 pm CST. 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 toil free telephone number for information or to make a complaint at: 1- 866- 732 -0099. You may also write to the Surely -a I: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 76759 You may contact the Texas Department of insurance to 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: / /www.tdi.state.tx.us Email: Con sum a rProtection @Idi.stale.lx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first, if the dispute Is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider Is attached does not provide coverage for, and the surely shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ' %- 4 � CERTIFICATE QF LIABILITY INSURANCE D 15 /VDDIY1 1/15/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(los) must he endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. Certain policies may require an endorsement. A statement on this certificate does not Confer rights to the certificate holder in Ileu of such andorsement(s)_ PRODUCER BKCW Insurance Agency 2100 Trimmier, Suite 100 P.O. Box 996 Killeen TX 76540 -0996 CONTACT Tiffany 1•oneS PHONE t254j 699 -7100 FAX AJC a 42541699 -6680 A1: _ MSSI joneslahkcw. com INSURE S AFFORDING COVERAGE NAM ■ INSURERA:The United Fire Group LIMITS INSUREO Cibolo Waste, Inc. dba Bexar Waste 533 Main I Schertz TX 78154-2144 INSURERD:The Princeton Excess and INSURER C: INSURER D: INSURER E: S 1,000,000 INSURER]: X COMMERCfAL GENERAL UAJ31UTY CLAIMS MAUI: F—x] OCCUR COVERAGES CERTIFICATE NUMBER:CL12121710895 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !L R TYPE OF INSURANCE AOOL 5 eR POLICY NUMBER POUCYEFF MM/DOY EXP LIMITS GEHERALLIAMLITY EACNOCCURRENCE S 1,000,000 A X COMMERCfAL GENERAL UAJ31UTY CLAIMS MAUI: F—x] OCCUR 05316756 2/16/2012 2116/2013 E7ORENTED PREMISES Ea000arenoo S 100,000 MEDEXP one person S 5,()00 PERSONAL &ADVINJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GENLAGGREGATE LIMIT APPLIES PER! PRODUCTS- COMPWAGG S 2,000,000 POLICY FX1 PRO LOC r $ AUTOMOBILELIABILIIY OMB'ED SINGLE LIMIT 1,000,000 A X ANY AUTO AUL00$ NED SA�aWLED 5316756 2/1612012 2/16/2013 8004LY INJURY (Per person) S BODILY INJURY (Pei amdml) S HIREDAUTOS AUTOS PPoO' E"J MAGI S Pr $ UMBRELLA HCLAIMS-MADE OCCUR EACHOCCURRENCE S 1,000,000 IHENEON$ AGGREGATE S 11000,000 B EXCESS $ 6A3FF0000940 -00 1.2116IF2012 2/16/2013 WORXERS COMPENSATION VtiC STATU- OTH. I AND EMPLOYERS' LIABILITY ANY PROPRIE-M"AR7NERrEXECUnVE YIN OFFICFRlMEMBER EXCLUDED? MIA U ER E,LFACHACCIDENT S E-L DISEASE -EA EMPLOYE S (Mandatory InNHI Ilya$. dosolbe unow E.LDISEASE - POLICYUMIT S DESCRIPTIONOFOPERATIONSWow DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (AnaCh ACORD 141, Addluonal Ramarko Scha dude, U mma space rs requrred) THE CITY OF SCHERTZ 1400 SCHERTZ PARKWAY SCHERTZ, TX 78154 EL SHOULD ANY OF THE AI90VE DESCRI13ED POLICIES BE CANCELLED DEfORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENYAIWO lliam Kliewer /HUIE ACORD 26 (2010106) 01988 -2010 ACORD CORPORATION. All rights reserved. INS026 (201005).Ol The ACORD name and logo are reglatered marks of ACORD Bond No. 5154058 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Cibolo Waste Inc., dba Bexar Waste (hereinafter called Principal) as Principal, and SureTec Insurance Company a corporation duly organized under the laws of the State of Texas and duly authorized and licensed to do business in the State of Texas and firmly bound unto City of Schertz (hereinafter called Surety) as Surety, are held (hereinafter called Obligee), as Obligee, In the full and just sum of ($ 300 000.00 ) Three Hundred Thousand dollars to the payment of which sum, well and truly to be made, the said Principal and Surety 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 for 8axar WasiaMUafdpalSoidWasloCalfadlonandDisposalFro richlsoOrdrnnee for a period of one (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 bond guaranteeing the performance of the said contract for a period of only one year. NOW, THEREFORE, -if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise It shall remain in full force and effect. PERFORMANCE BOND (Page 2 of 2) PROVIDED. HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond Is for the terra beginning January 1, 2013 December 31, 2013 and ending 2. In the event of default by the Principal in performance of the contract during the term of this bond the Surely shall be liable only for the loss to the Obligee for actual excess costs of perfornyMce of the contract up to the expiration of the term of this bond. 3. No claim, action, suit or proceeding, except as hereinafter set forth, s hall 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 term of this bond. 4. Neither no n- renewal by the Surely, nor failure, nor liability of the Principal to file a performance bond for subsequent terms under said contract shall constitute loss to the Obligee recoverable under this bond. 5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety and the Principal. 6. No right of action shall accrue on [his bond to or for the use of any person or corporation other than the Obilgee named herein or the heirs, executors, administrators or successors of the Obligee. Signed and sealed this 1st day of January 2013 aetT'i,,e.e Ez 0C —Qk� (Principal) (Surety) 4; By: By: Cindy McFall Atlorney -I Fact Pon at 5154058 SureTec Insurance Company LIMITED POWE R OF ATTORNEY Know All Metl.by Tltese Presenis, That SURE- TEC,1NSURANCE COMPANY (1110 "Company "), a corportitlon duly organized and existing under.-Ihe.JaWs of ft-Mate of Texas,-and having Its principal offleo ill Houston, Harris County, Texas, does by these presents =6, Wistitttfo and appoint Cindy McFall Its true and laNMit Attorney -In -fact, with full power and authority hereby conferred hi its name, place and stead, to execute, acur►owledge mud deliver any and all bonds, recognizances, underlakutgs or other Instruments or contracts of suretyship to include waivers to the conditions of captraets and consents of surety for: prinalpatt Cibolo Waste Inc., dba Bexaf Waste Obligee: City of Schertz Amount: $ 300,000.00 and to bind the Company thereby as fully andto the same extent as If such bond were signed by the Prosident, scaled with the corporate seal of tite Company and duly. attested by Its Secretary, hereby ratifying and confirming all that tite said Attorney -In -Fact may do in the premises. Satd:appointiuent is made under and by authority of file following resolutions of tl ►o Board of Directors of the SureTec insurance Coinpanyi Ile 11 Resolved that Iho President, any Vlee•Presidenl, any Assisient Vice- President, any Seerciary.or any Assistant Secretary shall be and Is hereby yestei with full power and authority to appoint Any one or more sullable persons as Auorney(s)- inTact to represent and act for and oft behalf of the Company subject to the following provlsiojis: Altotlied-irr -Iax 1 may be given IUII power and authority for aril ill tiro name of and of behalf of the Company, to execute, acknowledge and deliver,.any and all bonds, rccognizaneas, contracts, agreements or indemnity and other condhional or obligatory undeitakings and any and all nollces and documents bancoling or lerrninoting the Con:ipony's IlnblIhy' thereunder, and any such instruments so oxecuted by any such Alto M` oy -in -Tact shall be binding neon tho:Compony as if slgnt;d by the President and senlcd and effccled by the Corporate Secretary. Be it Resolver, that the signalure of ally atilltorized officer and S"a of tho Company liereiofora on ccreafler affixed to any power of Wortley or any cortlfieme relating thereto by fheshnlic, laid any power ofa limey or certifica(c.benring faesimllo signatdre or facsimile still shall be volld and binding upon tlrb Compaay with respect to any bond or underlaking to whiol► It Is attached. (Adopted at a westing Geld our 2O's of lipi•11, 1999.) fir 1Wllness f %ereof, SURETEC INSURANCR COMPANY has caused Ihese presents to be signed by Its President, and its corporate sent to be h6ftto affixed this 3rd day of September, A.D,2010. ,SURETEC WSUWC, COMPANY �. .� Hy, to Ci J i► )KnoxJ „ resldcnt State of Texas ss:� I County of Jdarrhs Qa this 3rd day of September, A.D. 2010 before me personally cane John Knox Jr., to n►o known, who, being by me. duly sworn, did depose and say, that lie resldcs.ht Houston, Texas, that he Is President of SURETBC INSURANCE; COMPANY, the company. described In and whhclr executed the 'above instrument; Thal he know the seal of said Company; that the seal affixed to said insln merit Is strcit corporate seal, That it was so affixed by order of tho Board of Directors ol'-sold Conlpt+ny; and that lie signed his name thereto by like. order. �,;,ti•5 ttlf�s o attbcSto oMYe Moo Hry Puli, t ees � MyCornntlssionFxplfas Mov 111, 21113 ac tyll, nid n do , Notary Pulilte y Con oxpfres May t$, 2013 1, M,13rent peaty. Assistant Secretary of SURET13C INSURANCE COMPANY, do hereby cerilfy that the abuvo %and fore'9*9 js a true and correct copy of a power of Aftornoy,:executcd by sold Company, whit!) Is still In full farce and effect; and fbsthennore, duo resolutions of the Board of Dircetors,-sct out In the Power of Attorney are in Fill forco and effect. Oiven under my hand and tho seal of said Company at Houston, Texas. this 181 day of — January ._. , 2013 A.D. . Brent Beaty, Assistant Any Instrument Iasued In excess of the penalty at above Is totally.vold and'without any validity. For verlhlcallon of the authority of (hie power you may call (713) 832.0800 any business day between 8:9D am and 5:00 pm CST: 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 free telephone number for information or to make a complaint at: 1. 866.732 -0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to 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: / /www.tdi.state.tx.us Email: Consumed 'roteclion @ldl.slale.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which Ihls 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. ------------------------------------------ -......... -......................................................................................................... Al I— IQ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIF]D1YY'(1) 1/24/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE; A CONTRACT BETWEEN THE ISSUING INSURER {S), AUTHORIZED REPRESENTATIVE OR'PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in Iteu of such endorsement(s), PRODUCER BKCW Insurance Agency 2100 Trimmier, Suite 100 P.O. Box 996 Killeen TX 76540 -0996 cANrnE cr Sara Huie _ N A M : PHDNE (254) 699 -7100 FAX No): (254) 699 -6680 AMLOSS•huie @bkcw.com INSURERS AFFORDING COVERAGE Nl4[C11 INSURERA:The United Fire Grou GENERALLIABILITY INSURED Cibolb Waste, Xne. dba Bexar Waste 533 Main Schertz TX 78154 -2144 INSURERB:The Princeton Excess and INSURERC: INSURERD: $ 1,000'000 INSURERS X COMMERCIAL GEN ERAL LIABILITY INSURER F: COVERAGES CERTIFICATE NUMBER. CL12121710895 REVISION NUMBER: THIS IS 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 OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY. BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN kEOUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE D L SUER POLICYNUMBER POLICY EFF MMIDD POLICY EXP MMIDD Llhd1T§ - GENERALLIABILITY EACH OCCURRENCE $ 1,000'000 X COMMERCIAL GEN ERAL LIABILITY VAMAGE D PREMISES Eaocaroenos 100 000 $ + MEDEXP onepwrw S 5,_000 A CLAIMS -MADE [ OCCUA 85316756 2/16/2012 2/16/2013 PERSONAL &ADVINJURY S 1,000,000 GENERAL AGGREGATE $- 2,000,.000 GrULAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $ 2,000,000 S POLICY X PRO- LOC JECT —1 AUTOMOBILE LIABILITY (Fa Bent) lNGLE LIMIT S 3_0001000 BODILY INJURY (Per persen) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTO5 AUTOS 5316756 2/16/2012 2/16/2013 BODILY INJURY (Per occldeol) -S PROPERTY DAMAGE Per ecc(denl $ - Pfopedy Damage $ X UMBRELLALIAB OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE - $ - 1,000,000 B EXCESS LIAB CLAIMS -MADE 6A3FF0000940 -00 2/16/2012 2/16/2013 DED RETENTION$ $ WORKERS COMPENSATION TORY-LIMITS T OTH• AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.E.L. EACHACCIDENr S EL DISEASE - EAEMPLOYEE S OFFICERWEMBER EXCLUDE D ❑ (Manda[ory In NH} N lA E.L DISEASE -POLICY LIMIT $ Ifyyes,dasvlfl* nder' DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( AHach ACORD 10i, AddltlonalRemarks Schedule, Itmore space Isrequired) 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 to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION (210) 619 -1769 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Schertz 1400 Schertz Parkway AUTHORIZED REPRESENTATIVE Scherrtz, TX 78154 William Kliewer /HUIE ACORD 25 (2010106) ©1988 -2010 ACORD CORPORATION. All rights reserved. INS026 (201@05).01 The ACORD name and logo are registered marks of ACORI) ACQRD� CERTIFICATE OF LIABILITY INSURANCE D lDDIYYYY) 3//4/24 /2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certilicate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Gwen Crouch NAME: PHONE (830) 303 -8300 1 FAx C o•(B30)303 -8383 BDY Barnard – Donegan Insurance E -MAIL ADDRESS ; cjcrouch @bdi insurance.com 314 N. Camp Street INSURERS AFFORDING COVERAGE NAIC # Seguin TX 78156 INSURERA:Texas Mutual Ins. Co. 22945 INSURED INSURER B S Cibolo Waste, Inc., DBA: dba Bexar Waste INSURER C; INSURER D ; P.O. Box 519 533 Main INSURER E; S Schertz TX '78154 INSURER F GUVERAGES CERTIFICATE NUMBER!12 -23 -- WC ONLY RFVISION NI IMRFR- THIS IS 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 OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. INSR LT TYPE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD POLICYEXP MMIDD LIMITS GENERA! LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RE ED PREWSES En ooaurence S MEDEXP(Anyonepffson) $ CLAIMS -MADE 1-1 OCCUR PERSONAL& ADV INJURY $ G£NERALAGGREGATE $ GEPfL AGGREGATE LIMIT APPLIES PER: PRODUCTS - OOMPIOPAGG $ POLICY I I PRO LOC $ AUTOMOBILE LIABILITY COM BINED SI NGLE LIMIT Ea aoddenl BODILY INJURY(Perperson) $ ANY AUTO ALL OWNED SCHEOULED AUTOS AUTOS BODILY INJURY Per accident) { ) $ NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Peraoddenl $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS LIAB CLAIMS-MADE DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNER !EXECUTIVE RI OFFICEMEMBER EXCLUDED? E] (Mandalory InHH) Ues describeunder SLtRIPTTON OF OPERATIONS below NIA TSF0001149210 /16/2012 /16/2013 WC STATU- I OTH- E E.L. EACH ACCIDENT $ 500,000 EL.DISEASE - EAEMPLOYE $ 500,000 E.L. DISEASE . POLICY LIMIT 1 $ 500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Adach ACORD 101, Addlllonal Remarks Schedule, Ifmore space Is required) TheWorkers' Compensation Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. A 30 Day Notice of Cancellation will be provided in the event of cancellation, except 10 Days for non - payment of premium. CERTIFICATE HOLDER CANrFI I ATHIN mstain@sohertz.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Schertz ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: Mike Stain AUTHORIZED REPRESENTATIVE 1400 Schertz Parkway Schertz, TX 78154 Scott Barnard /KIMB Al:UKU L5 (ZUIUIU5) INSn25 oninfimm ©'1988 -2010 ACORD CORPORATION. All rights reserved. ThA A('ripn name and Innn era ranicfararl mark¢ of ArY)Ptl Bond No. 5154058 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that, Cibolo Waste Inc. dba Bexar Waste (hereinafter called Principal) as Principal, and SureTec Insurance 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 firmly bound unto City of Schertz (hereinafter called Obligee), as Obligee, in the full and just sum of ($ 300.000.00 ) Three Hundred Thousand Dollars to the payment of which sum, well and truly to be made, the said Principal and Surety 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 for Bexar Waste Munld al solid Waste Ca 1—tnn and Dis sal Franchise Ordinance for a period of one (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 bond guaranteeing the performance of the said contract for a period of only one year. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PERFORMANCE BOND (Page 2 of 2) PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning January 1, 2013 December 31, 2013 and ending 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 performance of the contract up to the expiration of the term of this bond. 3. No claim, action, suit or proceeding, except as hereinafter set forth, s hall 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 term of this bond. 4. 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 shall constitute loss to the Obligee recoverable under this bond. 5. The bond maybe extended for additional terms at the option of the Surety, by continuation certificate executed by the 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 this 1st day of January 2013 Z7 a6 N`2 - 4e 7-t 461e.e CZ �� 1� ��oi_-cc'tit (Principal) (Surety) C By: By Cindy McFall Attorney -i Fact PoA M: 5154056 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (tile "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Cindy McFall its true and lawful Attorley -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other insiruinents or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Cibolo Waste Inc., dba Bexar Waste Obligee: City of Schertz Amount. S 300,000.00 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed wide the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resalved, that the President, any Vice- President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to. the following provisions: Airornapi►t -Fool may be given fbll power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver; tiny and all bonds, rccogiiiaimces, contracts, agreements or Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolver, that the signature of any authorized officer and seal . of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a nreeling held on 20'4 ofifpril' 1999.) In Wilness Whereof, SURETEC. INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. SURGT>✓C WURANC—E COMPANY RAiN Gas X 9�00� By: w w 5 p J n Knox J ., President State of Texas ss: County of Harris On this 3rd day oHepteinher, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and sayi that Ile resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said Inslniment is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and lhat he signed his name thereto by like order. n ry cSi Te JACQUELYN ia Publi,a a of as My Commtssiorn Fxpires idoy 16, 2013 Jay1cu e Iy Mald t doNotary Publie commission expires May 18, 2013 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the abore:and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in lull force and effect; and tLrthermore, the resolutions of the Board of Directors, set out in the Power of Allorney.are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1st I day of Beaty, Assistant Seerelary Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. For veriflcation of the authority of this power you may call (713) 812 -0800 any business day between 6:00 am and 6:00 pm CST. ON 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 free telephone number for information or to make a complaint at: 1 -866- 732 -0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1- 800 -252 -3439. You may write the Texas Department of Insurance at: PO Box 949104 Austin, TX 78714 -9104 Fax #: 512 - 475 -1771 Web: http: / /www.tdi.state.tx.us Email: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this 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. A� °® CERTIFICATE OF LIABILITY INSURANCE 1/15/120113) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pDllCIGS may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER BKCHT Insurance Agency 2100 Trimmer, Suite 100 P.O. Box 996 Killeen TX 76540 -0996 ICOONNTACT' Tiffany Jones PH °NF (254) 699 -7100 FAX A!C o (254) 699 -6680 Af A LESS•7ones @bkcw.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:The United Fire Group LIMITS INSURED Cibolo waste, Inc. dha Bexar Waste 533 Main Schertz TX 78154 --2144 INSURERe:The Princeton Excess and INSURERC: INSURER D: INSURER E : $ 1,000,000 INSURER F: X COMM ERCUIL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER: CL12121710895 REVISION NUMBER: THIS IS 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 OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY I POLICY EXP [MMIDO/YYYYJ LIMITS GENERAL LIABILITY William Kliewer /HUIE EACH OCCURRENCE $ 1,000,000 X COMM ERCUIL GENERAL LIABILITY D MAGETORENTED PREMISES Ea EM El $ 100,000 A CLAIMS -MADE OCCUR 85316756 2116/2012 2/16/2013 MEDEXP one person) $ 5,000 PERSONAL& AOV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 G£NL AGGREGATE LIMIT APPLIES PER'. [PRODUCTS - COMPIOPAGG S 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) S A X ANY AUTO ALLOVMED SCHEDULED AUTOS AUTOS B5316756 2/16/2012 2/16/2013 BODILY INJURY (Per accideni) S PROPERTY ROPERTY D Per accident S ED HIRED AUS TO AUTOS Property Damage S X UMBRELLA UAB OCCUR EACH OCCURRENCE S 1 , 000 , 000 AGGREGATE $ 1,000,000 $ EXCESS LIAR CLAIMS -MADE DED I I RETENTIONS $ 66A3FF0000940 -00 2/16/2012 2/1612013 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN V4CSLATU- OTH- ANY PROPWETOR/PARTNEWEXECUTIVE E.L EACH ACCIDENT S OFFICE" EMBER EXCLUDED? ❑ NIA (Mandatory In NH) E.L. DISEASE - FA EMPLOYE S If yes, descobe under DESCRIPTION OF OPERATIONS below E_L DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule. IF more space Is required) r:FRTIFICATF wni nFR CANCELLATInN ACORD 25 (2010105) I NS025 (20too5ot ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION HATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THE CITY OF SCHERTZ 1400 SCHERTZ PARKWAY AUTHORIZED REPRESENTATIVE SCHERTZ, TX 78154 William Kliewer /HUIE ACORD 25 (2010105) I NS025 (20too5ot ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 02/24/2012 20:23 FAX 8306095121 01/21/7013 11:50 3619496788 AWBA CERTIFICATE PRODUOaR Anrlavi l la Ina3iranclo 14602 Compasm 8tre*t OR Corpus Chviati,, TZ 78428 191..416–g4Sal TEXAS DECON ANNAVIL LE INSURANCE LITY INSURANCE cAD NB S N ONLY 4ONFERSO RI UI HOLUM 7HIS CEATIPICATE DOES NOT INSURERS AFFORPINO COVERAGE Q 001 PAGE 02/02 nA'lEjh v0 YYY17 INFORMATION 1 COATIF100t; D, WFND OIk NAICO MURCO taxaa decor INOMIR A; all - id. 441,51,2 L—MURCRO.' 1,60 0 porter now Urmu3171> elv, tx 78130 INSUR%A0, iRf)A–C'7L –Q1 00 mriiorr U. THE PQLICIES OF INSUFIAN01 LL9Tl!0 BELOW HAVE O x!1198VBD TO THR INEVReD NA),I;D fif3DVR TOS2 THE POLICY PERIOD INDICATID, N07WIrMOTANDINO ANY RAQUIREMBNT. TERM OR.CONDITION OF ANY CONTRACT OR OTHRR DOCUMRNT WITH RE$ALC'T TO WHICH TkId CERi}FICA.T£ MAY Be ISSUED QR MAY PIRTAIN, THE IN$UMNQE AFFORDED 13Y TKE AQLIGIE8 DEBC 490 HER91N 18 BURJ�GT TO ALL THR TERMA GXCLUVONS AND CONDMONS OF SUCH PgLICIE & AGCIREQA7E LIMITS sHQlkN MAYILSV£ OtAN REOt10ED BY PAID CLAIMS. Tit ' M10Y NUMIIR LY 1 I aur�sRRCInLC�eerElt�nLL�lAdxrnr G>,AlaesNL4bL L a I OCCUR as acp-731909 P.L AGORMATI: LIMIT APPLIFB PER AVTOk10KE LV,61L"Y ANYAUTO 1 ALt "GOAUTOE !! AbHEiWXQ AUTO@ OI HIRIPAUTGo us 9805483 I! 4ON1111111DAUTQB GAMAI i,1Ab14rn I ANYAUm EXCI:IVU63 ARLA LUMIUTY '- OCCUR CLAW MWZ L -.,PI GE�iwcTRIULE: RNYEON WOMRGGOWINOMWAND amnovCR4' LKMXlTY +WY rRnr a11'tlXFMi►j�w�.%f+Vtlfl4in M�1 �xau+erar E=ACI peen 01/31/12 01/31/13 PERT srui MINCE a � e�aGlRSnoe) 6 M1yww n LADONJURY • 1G01IRGAY0 S INQIA LJMff y_OgILY1�NxJl' RY +r 11f1G /l 11 /1b /S3 LY»ruRY arreadw,p PROFIR OMIAGI {P�iP7od+nlTY j tAUT010INLY-EAACOMN C thIA lVLV: t! 3CRIPTICNQPOFi` IL4TION6ILOCATIQHAINiHICLIAI�( CLIJQI6R4AOflEO6Y4NUGpRGA1 lM1EfECIALRRdV lQN>! B,IO– HAZARD; MEDICAL WASTE COLLECTION AMD DISPOSAL PROVIDER FOR CITY EMS LOCATIONS. THIRD PARTY TO BEXAR WASTE. I aity of an'herts 2400 aadhartz parkway sahartz,taxaa 70154 'WORRD2di E 11000P000 1 >t DN"T at - ILA P„ FLOYE / . POLICY L"T I A 6NQULD ANYOF7K9A%&A DG$CRIIF✓f PbLiGIGa a CAN0LL10 WOKE THQ MPIRATION DATE "REOP, THK MUING )N6URM WILL IINDCAYDR TD MNLAQ_ OAY6 wRnnm X01101 TO THe 09ATIPICATE HOLOIR NAMED To THe LIFT SICt FAILUR4 TO 00 SO 8}SALL W081 NO ObLIUATION OR LIA3 LILY OF ANY IUND UPON 1'110 INDUREr'L ITE A13EWg OR