HomeMy WebLinkAboutOrdinance No. 2016-46 i
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(Title: An ordinance extending a franchise for solid waste collection and
disposal with Progressive Waste Solutions of TX,Inc., d/b/a WC of Texas)
ORDINANCE NO. 2016-46
AN ORDINANCE EXTENDING WITH PROGRESSIVE
WASTE SOLUTIONS OF TX, INC., DB/A WC OF TEXAS
THE RIGHT, PRIVILEGE, AND FRANCHISE FOR A
TERM AS SET OUT IN EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF, TO PROVIDE
SOLID WASTE COLLECTION AND DISPOSAL, AND
RELATED BUSINESS ACTIVITIES IN THE CITY OF
FRIENDSWOOD, TEXAS; PRESCRIBING
COMPENSATION FOR THE RIGHTS AND PRIVILEGES
AND FRANCHISE CONFERRED HEREUNDER; AND
PRESCRIBING THE CONDITIONS GOVERNING THE
OPERATION OF THE BUSINESS.
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WHEREAS, the City of Friendswood, Texas (the "City") and Progressive Waste f
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Solutions of TX, Inc., d/b/a WC of Texas ("Waste Connections") are parties to that certain
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Franchise Agreement for the Collection, Hauling, Recycling, and Disposal of Municipal Solid
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Waste and Recyclable Materials in the City of Friendswood, Texas dated April 1, 2012, as
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subsequently modified and/or amended (the "Franchise Agreement"), whereby Waste
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Connections was granted a franchise to provide solid waste collection and disposal, and related
business activities to the residents of the City; and
WHEREAS, Section 12 of the Franchise Agreement provides that at the expiration of the
term of the agreement on March 31, 2017, the City shall have the option to extend the Franchise
Agreement for one additional term of five (5) years; and
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WHEREAS, the City Council has determined that, subject to the terms and conditions
set forth herein, an extension of the Franchise Agreement with Waste Connections is determined
to be the most advantageous to the City and will promote the public health and safety of the
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City's residents; and
WHEREAS, the City and Waste Connections have reached an agreement on the terms
and conditions.of the extended franchise, as set forth in that certain Second Amendment to
Franchise Agreement for the Collection, Hauling, Recycling, and Disposal of Municipal Solid
Waste and Recyclable Materials in the City of Friendswood, Texas, as referenced as Exhibit A,
which is attached and incorporated by reference for all purposes;
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF j
FRIENDSWOOD, TEXAS: I
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Section 1. FINDINGS OF FACT
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The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and
correct.
Section 2. ADOPTION
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The City Council of the City of Friendswood hereby adopts and approves the Second
Amendment to Franchise Agreement for the Collection, Hauling, Recycling, and Disposal of
Municipal Solid Waste and Recyclable Materials in the City of Friendstivood, Texas, attached
hereto as Exhibit A. and incorporated by reference for all purposes, pursuant to the requirements
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of Article IX. "Franchises and Public Utilities," of the City of Friendswood Charter,
("Agreement").
There is hereby granted to Waste Connections, the continued right, privilege, and
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franchise to provide solid waste collection and disposal, and related business activities in the
City. The extended franchise as herein granted shall be in accordance with the terms and
conditions as set out in the Franchise Agreement and the attached Agreement, (specifically
including all referenced contract documents as provided for therein).
Section 3. SEVERABILITY
Ord 2016-46 2
In the event any clause phrase, provision, sentence, or part of this Ordinance or the
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application of the same to any person or circumstances shall for any reason be adjudged invalid
or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this Ordinance as a whole or any part of provision hereof other than the part declared
to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas,
declares that it would have passed each every part of the same notwithstanding the omission of
any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.
Section 4. REPEAL OF PREVIOUS ORDINANCES
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All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are
hereby expressly repealed.
Section 5. COMPLIANCE WITH APPLICABLE LAWS
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The work and activity done in connection with the franchise granted hereunder shall be
subject to and governed by all present and future laws, rules and regulations of the City, the State I
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of Texas, and the United States of America, and any federal agency having jurisdiction. [
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PASSED AND APPROVED on first reading this 5th day of December, 2016. �
PASSED, APPROVED, AND ADOPTED on second and final reading this 9th day of
January,2017.
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Kevin M. H lla d
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Mayor
ATTEST.
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Melinda Welsh, TRMC
City Secretary p
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OF
Ord 2016-46 3
Exhibit A
Ord 2016-46
SECOND AMENDMENT
TO
FRANCHISE AGREEMENT FOR THE COLLECTION,HAULING,RECYCLING,
AND DISPOSAL.OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS
IN THE CITY OF FRIENDSWOOD,TEXAS
This SECOND AMENDMENT TO FRANCHISE AGREEMENT FOR THE
COLLECTION,. HAULING, RECYCLING, AND DISPOSAL OF MUNICIPAL SOLID
WASTE AND RECYCABLE MATERIALS IN THE CITY OF FRIENDSWOOD, TEXAS (this
"Amendment") is made and entered into by and between the CITY OF FRIENDSWOOD,
TEXAS (the "City"), and PROGRESSIVE WASTE SOLUTIONS OF TX, INC., d/b/a WC OF
TEXAS, a Texas corporation (formerly known as IES1 TX Corporation) (the "Service
Provider"). The City and the Service Provider may be collectively referred to herein as the
"Parties" and individually as a "Party", unless specifically identified otherwise. This
Amendment shall be effective upon the Effective Date as defined below. All capitalized terms
not otherwise defined herein shall have the meanings set forth in the Agreement.
RECITALS
WHEREAS, on April 1, 2012, the Parties entered into that certain Franchise Agreement for the
Collection, Hauling, Recycling, and Disposal of Municipal Solid Waste and Recyclable
Materials in the City of Friendswood, Texas, as subsequently modified, amended, and/or
extended (the "Agreement"), for the collection, transportation, recycling, and/or disposal, of
Municipal Solid Waste and Recyclable Materials; and
WHEREAS, the Parties wish to amend the Agreement to acknowledge the City's exercise of its
option to extend the Agreement pursuant to Section 12 thereof, to extend the term of the
Agreement, and to otherwise modify the Agreement as provided for herein.
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein,
the Parties mutually agree,represent and warrant as follows:
1. Service Provider's Name. For clarification purposes, the Parties acknowledge
and agree that Service Provider amended its corporate name to "Progressive Waste Solutions of
TX, Inc.". In addition, the Parties acknowledge and agree that the Service Provider will operate
under the fictitious business name "WC of Texas, "Waste Connections or some derivation
thereof.
2. Extension of Term. The City hereby officially exercises its option to extend the
Agreement for an additional five (5) years beginning on April 1, 2017 and continuing through
March 31, 2022, and the Service Provider hereby accepts such extension. The term of the
Agreement is hereby extended for another five (5) years from April 1, 2017, up and through
March 31, 2022.
3. Rates. The Parties acknowledge and agree that the rates and fees effective as of
the Effective Date are attached hereto as Exhibit A. Service Provider agrees that it shall hold
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such rates firm through March 31, 2018. Beginning April 1, 2018, all rates and fees shall be
subject to the adjustment mechanisms provided for in Section 10 of the Agreement.
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3. Updated 'Truck Fleet. On or before April 1, 2017, the Service Provider agrees
that all trucks used to perform the services under the Agreement by the Service Provider shall be ,
of new quality as of such date.
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4. Fourth of July Sponsorship. The Service Provider agrees that for the duration
of the term of the Agreement, the Service Provider shall support the City's Fourth of July
Festival with an annual Seven Thousand and 00/100 Dollars ($7,000.00) donation.
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5. Counterparts. This Amendment may be executed in one or more facsimile or
original counterparts, each of which shall be deemed an original and both of which together shall
constitute one and the same instrument. I
6. Ratification. All terms and provisions of the Agreement not amended hereby,
either expressly or by necessary implication, shall remain in full force and effect. From and after
the date of this Amendment, all references to the term"Agreement"in this Amendment and/or in
the Agreement shall include the terms contained in this Amendment.
7. Conflicting Provisions. In the event of any conflict between the terms of the
Agreement and this Amendment,the terms of this Amendment shall prevail.
8. Effective Date. The Effective Date of this Amendment shall be April 1, 2017.
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IN WITNESS WIEREOF, the Parties enter into this Amendment. Each person signing this
Agreement represents and warrants that he or she has been duly authorized to enter into this
Amendment by the Party on whose behalf it is indicated that the person is signing.
CITY OF IFRI ENDSWOOD,TEXAS
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ATTEST: Name: Kevin .m a Holland
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Date: 1 /9/11
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Melinda Welsh, TR �;• • ee
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City Secretary NO •;Q
SJ� L WASTE SOLUTIONS OF 1A,PROG ®E
(P INC., d/lb/a WC OF TEXAS
co
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By:
Dame:
Title:
Date:
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EXHIBIT A
Rates
Total Residential Bag-32go| con/Reoyc|� per
Bin � $ 14.29 month includes fe gallon recycle bin |
Additional 1O gallon recycle bin $ 7.01 one time fee
Total Residential Ba0-32 gal can/Recycle per includes 95 gallon blue recycling
Cart $ 15.36 month cart
per
Light Commercial Collection 1xvveeh $ 34.34 month per 95 gal cart
per
Light Commercial Collection 2xmvnmk $ 51.51 month per 95 gal cart
COMMERCIAL RATE SCHEDULE
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CONTAINER Lifts Per Week
SIZE 1 2 3 4 6 8 Extra-Lifts- ' �
�numcYu ! � 84.O4 � QQ.33 $167.84 $234.95 $308.19 $388.08 $15.77
/
o Cubic Yx $ 9849 $ 128.88 $234.50 * 328.05 $430.30 $541.85 $23.85
*Cubic Yu $ 08.87 $ 127.41 $235.83 $ 329.55 $432.19 $544.10 $31.53
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' o Cubic Yx / $ 10Q.88 $ 197.71 $288.75 $277.32 $477.90 $573.38 $47.29
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n Cubic Yu $ 1Q3.78 298.68 $382.37 *509.72 $651.28 $782.48 $63.04
Oonbo/oe/nwvbooteop $6.08
Conbe/nenovwYooka $9.12 |
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Commercial Recycling, 6yd $85.11
Commercial Recycling, fyd $103.34
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Bond No. 41382025
Premium$1,250.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,that we, Progressive Waste Solutions of TX, Inc. as Principal,
and Platte River Insurance Company , a corporation duly organized
under the laws of the state of Nebraska and licensed to do business in the State of Texas , as Surety,
are held and firmly bound unto the City of Friendswood,Texas (Obligee), in the penal sum of
Two Hundred Fifty Thousand and 00/100 ($11W000-00___) Dollars,
lawful money of the United States of America, for the payment of which sum,well and truly to be made,the Principal and
Surety do bind themselves, their heirs, executors, administrators, and successors and assigns,jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a
certain written Contract with the above named Obligee for Collection,Hauling,Recycling and Disposal of Municipal Solid
Waste and Recyclable Materials in the City of Friendswood,Texas- ----
and more fully described in said Contract, a copy of which is attached, which Agreement is made a part hereof and
incorporated herein by reference,except that nothing said therein shall alter, enlarge,expand or otherwise modify the term
of the bond as set out below.
NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully
perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and
void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee
subject to the following express condition:
Notwithstanding the provisions of the Contract, the term of this bond shall apply from December 1 2017 , until
November 30 12018 and may be extended by the Surety by Continuation Certificate. However, neither
nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of
nonrenewal, shall itself constitute a loss to the obligee recoverable under this bond or any renewal or continuation thereof.
The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be
cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements
properly issued by the Surety as supplements thereto.
Sealed with our seals and dated this 31st day of January 2018
Principal: Progressive W I 'ons Inc.
Surety: //ve s nee Company
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SEE ATTACHED ACKNOWLEDGMENT
BY:
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(Attes t) id W. a , ttorney-In- act
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5-5025 (7/98)
Platte River Insurance Company
2121 N California Blvd#300, Walnut Creek CA 94596
IMPORTANT NOTICE - TEXAS
To obtain information or make a complaint:
• You may contact your company representative at 1-800-475-4450
• You may call Platte River Insurance Company's toll-free telephone number for information or
to make a complaint at:
1-800-475-4450
• You may also write to Platte River Insurance Company at:
Platte River Insurance Company
1600 Aspen Commons
Middleton, Wisconsin 53562
• You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at:
1-800-252-3439
• You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
FAX# (512) 490-1007
Web: http://www.tdi.texas.gov
E-mail: Con sumerProtection CcDtdi.texas.qo v
• PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about
a claim you should contact the agent or the company first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
• ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not
become a part or condition of the attached document.
FGE 001 (06-16) 0 2016 CapSpecialty, Inc.All rights reserved. Page 1 of 1
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PLATTE RIVER INSURANCE COMPANY
41 3 0)2)0 6 8 51�
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,That the PLATTE RIVER INSURANCE COMPANY,a corporation of the State of Nebraska,having its
principal offices in the City of Middleton,Wisconsin,does make,constitute and appoint P,
zvs.
-------- ------ BROOKE A.SKEEN;DAVID W.GARFSE;AUDREY C.SKEEN;LISA BETANCUR—---—-------—- {n Rg}NII
its true and lawful Attorney(s)-in-fact,to make,execute,seal and deliver for mid on its behalf,as surety,and as its act and deed,any and all hoods,
,s, undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in
amount the sum of
---------------------------- WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED$20,000,000.0()--------------------------
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This Power of Attorney is granted and is signed and sealed by facsimile Under and by the authority of the following Resm ution adopted by the Board
of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January,2002.
Sled "RESOLVED,that the President,and Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted the
power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings
VzN obligatory in the nature thereof,one or more vice-presidents,assistant secretaries and attorney(s)-in-fact,each appointee to have the powers and duties
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Use,, usual to such offices to the business of the company;the signature of such officers and the seal of the Corporation may be affixed.to such power of
attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Corporation in the future with respect to any,
bond or undertaking or other writing obligatory in the nature a
thereof to which it is attached.Any such appointment may be revoked,for cause,or without cause,by any of said officers,at any time
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.',s, In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the ..V
-in-Fact includes any and all consents for the release of retained percentages anchor final estimates on engineering and construction contracts
Attorney V,
required by the State of Florida Department of Transportation. It is fully understood that cementing to the State of Florida Department of Transportation
x.-_ making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its ObligiroDsonder its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and,authority hereby given to the
Attorney-in Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—Department oft. rpR
Highways:of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
IN WITNESS WHEREOF,the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and
xh its corporate seal to be hereto affixed duly attested,this 27th day of July,2015.
gU".,W Attest'
x PLATTE RIVEIINSURANCE COMPANY
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ry W.,Stu rup er
President SEAL S tephen J.Sills
0 Surety&Fidelity Operations CEO&President
STATE OF WISCONSIN
COTJNTYOF DANE
On the 17th day'of July,2015 before me personally came Stephen J.Sills,to me known,who being by me duly sworri,'did depoge�and say:that he
resides in the County of New York,State of New York;that be is President of PLATTE RIVER INSURANCE COMPANY,the corporation described
herein and which executed the above instrument;that he knows the seal of the said corporation;that the sea]affixed to said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
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David J.Regele
STATE OF WISCONSIN S.S.: Notary Public,Dane Co.,WI
COUNTY OF DANE CERTIFICATE My Commission Is Permanent
1, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska
Corporation,authorized to make this certificate,DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has r 1j1.
not been revoked;and furthermore,that the Resolution of the Board of Dimctors,set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Middleton,State of Wisconsin this day of 2
CX&
Antonio Celli
Secretary
it THIS DOCUMENT Is NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND
YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OFTHIS DOCUMENT CALL,900-475-4450. PR-POA I uk&.12-201-
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
On January 31, 2018 before me, Lisa Betancur, Notary Public
(insert name and title of the officer)
personally appeared David W. Garese
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hisAtief/theif-authorized capacity(ies), and that by histherlfheif-signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
LISA BETANT"
WITNESS my hand and official seal. Comm. 42103383
ry N? •E Notarypublic•California�
Sacramento County
Comm.Expires Mar 16,2019
Signature � (Seal)
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