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HomeMy WebLinkAboutO-1995-2039 . e ORDINANCE NO. 95-2039 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND SANIFILL OF TEXAS, INC., FOR THE OPERATION OF A TYPE I LANDFILL; MA1CING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; F:INDING COMPLIANCE W:ITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council Officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . e ORDINANCE NO. 95- 2039 PAGE 2 PASSED AND APPROVED, this 12th day of June, 1995. By: CITY OF LA PORTE h/f{~~~ Mayor ATTEST: ~,~ ) city Secretary ~ CLJ-.t,~~~~u Knox W. ASkins, City Attorney e e AGREEMENT FOR OPERATION OF TYPE I LANDFILL BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND SANIFILL OF TEXAS, INC. THIS AGREEMENT for the operation of a Type I landfill made and entered into at La Porte, Texas, as of the first day of April, 1995, by and between the CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation, hereinafter called the "City", and SANIFILL OF TEXAS, INC., a Delaware Corporation, hereinafter called the "Contractor". WITNESSETH: WHEREAS, the City desires to dispose of Type I Waste generated in the City; and WHEREAS, the parties desire to establish the terms and conditions of this Agr~ement; NOW, covenants follows: THEREFORE, for and in consideration of the mutual hereinafter set forth the parties hereby agree as eI) DISPOSAL SITE. 'I'he Contractor agrees to operate a Type I sanitary landfill at the Bay town site located on tract(s) of land .~. described by metes and bounds in Municipal Solid Waste Permit No. 153~ &e; (or any other mutually agreed upon site) hereinafter called the "Landfill" for the complete handling, processing and disposal, by the sanitary landfill method, of municipal solid waste generated in the city and collected by the City or its contractor, according to the all of the terms and provisions hereinafter contained. (A) Materials to be disposed of. The Contractor shall accept for disposal all municipal solid waste, as that term is defined in Article 4477-7 V.A.T.S., the Municipal Solid Waste Act, brought to tl1e Landfill by the City or its contractor. The Contractor may designate the location on the site at which material is to be unloaded. eB) Additional material to be disposed of. The Contractor shall accept for disposal processed sewage sludge from the City's wastewater treatment plant. (C) Operation of disposal site. The Contractor shall have the exclusive right to the use of and responsibility for the operation of the disposal site for the term of this Agreement or any extension thereof, subject to the following terms and provisions: PAGE 1 OF 6 . . e 1) The Contractor shall furnish all labor, tools, equipment and power for the operation of the Landfill, and shall be responsible for all necessary maintenance thereof. Contractor shall operate the site according to terms and provisions of Municipal Solid Waste Permit No. 80, and under the supervision of an experienced person so that it shall not become a nuisance or an offence to the City. Contractor shall maintain suitable roads within the Landfill for truck traffic. (2) All waste and other refuse accepted by the Contractor shall be thoroughly compacted by equipment operations. Sufficient auxiliary equipment shall be maintained on the site or kept otherwise available to permit operation in case of equipment breakdown or increased volume of material to be handled. (3) The area shall be neat and sanitary at all times. (4) The Contractor agrees to comply with all laws, ordinances and regulations of the State of Texas and with the terms and conditions of its permit applicable to the operation under this Agreement and to conform with the standards of operation as established by the U.S. Public Health Service, and agrees that all services rendered by it hereunder shall be rendered in a clean, sanitary, neat, courteous and efficient manner and that it will instruct its employees accordingly. In the event the Contractor shall wholly fail to dispose of garbage and other materials herein provided to be disposed of for a period of two (2) weeks, and provided such failure is not due to war, insurrection, riot, strike, act of God or any other cause or causes beyond the Contractor's control, the City may, at its option after written notice to the Contractor, terminate this Agreement. (5) In the event that the City shall, without fault on its part, be made a party to litigation arising as a result of failure of the Contractor to comply with any provisions of this Agreement or by reason of the Contractor's operation or use of the subject premises eother than provided for herein) brought by or against the Contractor, the Contractor shall pay all reasonable costs and attorney's fees necessarily incurred by the city in defense of such litigation, and shall save and hold the city harmless from any liability therefrom. eC) Nuisance-free operations. The Landfill shall be operated by the Contractor in a nuisance-free manner, and in such a manner as not to generate or produce any objectionable or offensive odors, noise, smoke or fumes outside the Landfill premises, and in a manner meeting and complying with all valid, non-discriminatory and generally applicable ordinances, regulations and laws of the State of Texas and other PAGE 2 OF 6 . e regulatory bodies having jurisdiction over the Contractor's operation, which may be from time to time in effect and applicable to the Contractor's operations. Conditions unfavorable for the production of vectors shall be maintained by carrying out routine landfill operations promptly in a systematic manner. Supplemental vector control measures shall be instituted whenever necessary. (II) TERM OF AGREEMENT. This Agreement shall be for a period of five (5) years beginning April 1, 1995, and ending March 31, 2000. (III) COMPENSATION TO CONTRACTOR. As full compensation to the Contractor for operation of the Landfill, the City agrees to pay the Contractor the following fees, plus the amount of the State fees imposed on the Contractor for each type of waste: (A) Type I solid waste. 1st year of Agreement $4.55 per cubic yard plus State fee 2nd year of Agreement $5.25 per cubic yard plus State fee 3rd year of Agreement $5.85 per cubic yard plus State fee (B) Processed sewaae sludae. 1st year of Agreement $7.40 per cubic yard plus State fee (C) Adjustments to base fee for Type I waste. On April 1 of 1998, and on each subsequent year during the term of the Agreement, the parties agree to adjust the base fees so that it shall be increased or decreased in accordance with changes in the Consumer Price Index in the Houston metropolitan area for Urban Consumers (CPI-U) as promulgated by the Bureau of Labor statistics of the United States Department of Labor, using the year 1997 as a base. (D) Ad;ustments to base fee for processed sewaae sludae. On April 1 of 1996, and on each subsequent year during the term of the Agreement, the parties agree to adjust the base fees so that it shall be increased or decreased in accordance with changes in the Consumer Price Index in the Houston metropolitan area for Urban Consumers eCPI-U) as promulgated by the Bureau of Labor statistics of the Uni ted States Department of Labor, using the year 1995 as a base. (E) Time of payment. The Contractor shall invoice the City monthly, invoices to be submitted at the last of each month, accompanied by tickets which are collected by the Contractor as refuse trucks make deliveries, and shall include the last full week of each month. Invoices shall be paid by the City monthly, not later than the 10th day following receipt of the invoice for the month for which the invoice is rendered. PAGE 3 OF 6 . e (F) Contractor shall accept for disposal all Type I waste, consistent with their permit, generated by the City including that collected by pri vate haulers and that brought to the Landfill by private citizens and shall make a reasonable charge for disposal therefor, which charge shall bear a reasonable relationship to the charges made to the city. (G) Hours of operations and holidays. The Contractor shall keep the Landfill open for the receiving of waste from 7:30 a.m. to 4:30 p.m. Monday through Friday and 8:00 a.m. to 12:00 noon Saturdays, except holidays. (IV) INSURANCE AND WORKER'S COMPENSATION. (A) The Contractor shall, at its own expense, maintain in full force and effect during the term of this Agreement Employer's Liability, Worker's Compensation, Public Liability and Property Damage insurance. All insurance shall be by insurers licensed to do business in the State of Texas. The Contractor shall furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall name the Contractor and the City as insured parties. eB) The insurance, at a minimum, must include the following coverages and limits of liability: COVERAG~ LIMIT OF LIABILITY (1) Worker's Compensation and Employer's Liability statutory (2) Commercial General Liability including Blanket Contractual Liability BodilY Injury $500,000 Each Occurrence $1,000,000 Annual Aggregate Property Damage (To include explosion, collapse and underground coverage) $300,000 Each Occurrence $500,000 Annual Aggregate (3) Comprehensive Automobile Liability Products Complete Operation $1,000,000 Annual Aggregate Bodily Injury and Property Damage Combined Single Limit $1,000,000 Each Occurrence $1,000,000 Aggregate PAGE 4 OF 6 . e (C) The Contractor will indemnify and save harmless the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees incident to any work done in the performance of this Agreement, including damages, claims or penalties arising from the disposal of any waste by the Contractor, arising from the failure of the Contractor to comply with federal, state or local laws, rules and regulations relating to the disposal of any waste, or arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. However, the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. (V) MISCELLANEOUS PROVISIONS (A) This Agreement shall be governed by the laws of the State of Texas. Should any disagreement occur concerning the Agreement, the parties agree that the venue for settling such disputes, including claims and suits, shall be Harris County, Texas. (B) All written notices shall be served by registered or certified mail to the parties, return receipt requested, as follows: City Contractor City Manager City of La Porte P.O. Box 1115 La Porte, Texas 77571 Sales Manager Sanifill of Texas, Inc. 13430 NW Freeway, suite 400 Houston, Texas 77040 (C) Other than by operation of law, no assignment of the Agreement or any other right accruing under this Agreement shall be made, in whole or on part, without the express written consent of the City. The City agrees to not unreasonably withhold consent of assignment. In the event of assignment, the assignee agrees to assume all terms and conditions of the Agreement. eD) The relationship between the parties shall be that of an Independent Contractor. Nothing herein contained shall be construed to lllean that the Contractor is an employee, agent, servant or department of the city. (E) The Agreement shall not bestow any rights upon any third party, but rather, shall bind the City and the Contractor only. PAGE 5 OF 6 . e eF) This Agreement contains all the agreements of the parties relating to the subject matter hereof, supersedes all prior agreements, whether written or verbal, and is the full and final expression of the agreement between the parties. eG) In the event that any portion of the Agreement is found invalid or unenforceable, the invalid or unenforceable portion shall not affect the validity or enforceability of any other portion of the Agreement. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in multiple counterparts, each of which shall be deemed an original, this the -L!t- day of Ju,.}~ ,1995. THE CITY OF LA PORTE BY: ~~\~~ Robert T. Herrera, city Manager (SEAL) ATrEST: ~~~i~ef~.+"-\L ~ APPROVED AS TO ttorney " SANIFILL OF TEXAS, INC. ALLISON Co VAIl PELT NOTARY PUBLIC State of Texas Comm. Exp. 03-13-99 BY: (SEAL) ATTEST: OIj~ &..h/lfJ2.f-t secretary PAGE 6 OF 6