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HomeMy WebLinkAboutO-2001-2476 , . . ORDINANCE NO. 2001- ().tf'7~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR OPERATION OF TYPE IV LANDFILL BETWEEN THE CITY OF LA PORTE AND WASTE CORPORATION OF AMERICA, INC.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH 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. 2001- ~41~ e PASSED AND APPROVED, this 19th day of March, 2001. ATTEST: '11J~~iIiJUPt City Secretary By: CITY OF LA PORTE Jjp;~~ rman L. Malone Mayor PAGE 2 . e AGREEMENT FOR OPERATION OF TYPE IV LANDFILL BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND WASTE CORPORATION OF TEXAS THIS AGREEMENT for the operation of a Type IV landfill made and entered into at La Porte, Texas, as of the first day of April, 2001, by and between the CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation, hereinafter called the "City", and WASTE CORPORATION OF TEXAS, INC., a 'Delaware corporation, hereinafter called the "Contractor". WITNESSETH: WHEREAS, the City desires to dispose of Type IV Waste generated in the City; and WHEREAS, the parties desire to, establish the terms and conditions of this Agreement; NOW, covenants follows: THEREFORE, for and in consideration of the mutual hereinafter set forth the parties hereby agree as (I) DISPOSAL SITE. The Contractor agrees to operate a Type IV sanitary landfill at the Pasadena site located on tract(s) of land described by metes and bounds in Municipal Solid Waste Permit Nos. 1483-A and 1586, (or any other mutually agreed upon site) hereinafter called the II Landfill II for the complete handling, processing and disposal, by the sanitary landfill method, of Type IV 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) Mat.p-rials t.o be disposp-d of. The Contractor shall accept for disposal all Type IV Waste, as that term is defined in Article 4477-7 V.A.T.S., the Municipal Solid Waste Act, brought to the Landfill by the City or its contractor. The Contractor may designate the location on the site at which material is to be unloaded. (B) Qperat.ion' of disposal sit.p-. 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: 1 It tit (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 Nos. l483-A and 1586, 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 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 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 waste 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. (4) 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 I s operation or use of the subj ect premises (other than provided for herein) brought by or against the Contractor, the Contractor shall pay all reasonable costs and attorney I s fees necessarily incurred by the City in defense of such litigation, and shall save and hold the City harmless from any liability therefrom. (C) NujRance-free operationR. 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 obj ectionable or 2 e e 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 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 AGREEMF.NT. This Agreement shall be for a period of five (5). years beginning April 1, 2001, and ending March 31, 2006. The initial term of the Agreement may be extended for an additional five (5) years, upon the Mutual agreement of the City and the Contractor. (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 TV solid waste. 1st year of Agreement: $4.00 per cubic yard plus State fee (B) Adjustments to base fee for Type IV waste. On April 1 of 2002, 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 in accordance wi th 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 2001 as a base. (C) 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. (D) Contractor shall accept for disposal all Type IV waste, consistent with their permit, generated by the City including that collected by private haulers and that brought to the Landfill by private citizens and shall make a reasonable charge for disposal therefor, which charge shall bear a 3 . e reasonable relationship to the charges made to the City. (E) HourA of operationA and hoJidays. 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 COMPF.NSATION. (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. (B) The insurance, at a minimum, must include the following coverages and limits of liability: COVERAGE (1) (2) Worker's Compensation & Employer's Liability Commercial General Liability including Blanket Contractual Liability (3 ) Comprehensive Automobile Liability (C) City, LIMIT OF LIABILITY Statutory Bodily Tnjury $500,000 Each Occurrence $1,000,000 Annual Aggregate Prqpert.y Damage (To include explosion, collapse and underground coverage) $300,000 Each Occurrence $500,000 Annual Aggregate Pronuct.s - Complete Operation $1,000,000 Annual Aggregate Bodily Injury and Property Damage Combined Single Limit $1,000,000 Each Occurrence $1,000,000 Aggregate The Contractor will indemnify and save harmless the its officers, agents, servants and employees from and 4 e e 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) MISCF.T,T.ANEOUS 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: !:i.Ql Contractor City Manager City of La Porte P.O. Box 1115 La Porte, Texas 77571 President Waste Corporation of Texas 1 River Way, Suite 1400 Houston, Texas 77056 (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. (D) The relationship between the parties shall be that of an Independent Contractor. Nothing herein contained shall be construed to mean 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 5 , ~ only. (F) 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. (G) 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 cqy.p.t;erparts, eachCf which shall be deemed an original, this the ~day of 'fVl[)A (, , 2001. THE CITY OF LA PORTE BY: G?~ \. ~~ Robert T. Herrera City Manager (SEAL) ATTEST: APPROVED AS TO FORM: WASTE CORPORATION OF TEXAS, INC. BY: ~ ~ Jerome M. Kruszka L (SEAL) ATTEST: