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HomeMy WebLinkAboutO-1993-1930 e e ORDINANCE NO. 93-1930 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CZTY OF LA PORTE AND SANIFILL OF TEXAS, INC., FOR THE OPERATION OF A SANITARY LANDFILL; MAKING VARIOUS FINDINGS AND PROVZSIONS RELATING TO THE SUBJECT; FINDING COKPLIANCE WITH THE OPEN MEETINGS LAW; PROVZDING 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. Payment will be made from the Residential Solid Waste Division General Fund Operating Budget Account No. 001-700-702- 609. 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, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further e e ORDINANCE NO. 93- 1930 PAGE 2 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. PASSED AND APPROVED, this 13th day of September, 1993. CITY OF LA PORTE By: ~JA~ . .man L. Malone, Mayor ATTEST: ~~ Sue Lenes, . city Secretary 12~uJ Knox W. Askins, City Attorney 7 I i ~ e e U rn@ rn nwrn r::- ~' SEP 2 91993 ~ II --.J..., -- , .. . AGREEMENT FOR THE OPERATION OF SANITARY LANDFILL By and Between CITY OF LA PORTE, TEXAS and SANIFILL OF TEXAS, INC. THE STATE OF TEXAS COUNTY OF HARRIS THIS AGREEMENT for the operation of a Sanitary Landfill between the City of La Porte, Texas, and Sanifill of Texas, Inc. dated October 1, 1993, is made by and between the same parties on the date hereinafter specified. WITNESSETH WHEREAS, the City of La Porte, Texas ("city") and Sanifill of Texas, Inc. ("Contractor") desire to enter into an agreement for the operation of a Class IV Sanitary Landfill; and WHEREAS, Sanifill of Texas, Inc. owns and operated the Class IV landfill sites known as Greenshadow Development and Greenbelt Development Landfill (formerly Hughes), each of which is properly permitted by the Texas Department of Health; 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 DEFINITIONS As used in this Agreement the fOllowing terms shall have the meanings set forth below: 1.1 "Class IV" as it pertains to the Greenshadow Development and Greenbelt Development means that definition set forth in the Municipal Solid Waste Management Regulations promulgated by the Texas Water Commission, and successor Agencies, as the same may be hereinafter amended. 1.2 "Class IV Waste" means brush, construction demolition waste and/or rubbish (trash) that are free of putrescible wastes and any other waste permitted for disposal at Class IV landfills by the Texas Water Commission, and successor Agencies, as the same may be hereinafter amended. PAGE 1 OF 7 ,. e e 1.3 "Compacted Waste" means waste delivered to the Landfill for disposal in closed-top compaction vehicles. Waste delivered will be compacted by mechanical means to conserve space and reduce hauling requirements. 1.4 "Non-Compacted Waste" means waste delivered to the Landfill for disposal in open-top vehicles. Waste delivered will not be compacted by mechanical means. II DISPOSAL SITE 2.1 The Contractor hereby agrees to operate the Class IV landfill(s) at Greenbelt Development Inc., a site located at 5201 South Beltway 8, Houston, Texas 77034, described by metes and bounds in Texas Municipal Solid Waste Permit No. 1478, and Greenshadow Development, Inc., a site located at 1089 Jana Lane, Pasadena, Texas 77503, described by metes and bounds in Texas Municipal Solid Waste Permit No. 1540, hereinafter called the "Landfill". 2.2 The Contractor agrees to operate the Landfill for the complete handling, processing and disposal of municipal Class IV Waste generated by the City of La Porte and collected by the City or its contractor, according to all the terms and provisions hereinafter contained. III MATERIALS TO BE DISPOSED OF 3.1 The Contractor shall accept, upon compliance of the City with the terms and conditions of this Contract, all of the City's Class IV Waste generated by the City of La Porte and collected by the city or its contractor. IV OPERATION OF THE SITE 4.1 The Contractor will operate the landfill site(s) in compliance with the rules and regulations of the Texas Water commission, and successor Agencies, regarding the minimum standards of operation for Class IV landfills, and the requirements of other local, State and Federal agencies pertaining to the disposal of solid wastes. The Contractor will maintain current all necessary and required licenses and permits for the operation of a Class IV landfill. PAGE 2 OF 7 ; . e e 4.2 The Contractor shall furnish all labor, materials and equipment necessary to operate the site and shall be responf?ible for all required maintenance thereof. Supervision by an experienced person, as licensed by the State of Texas to operate a Class IV landfill, shall be provided at all times when the site is open for use or operation. The Contractor shall maintain all roads, entrances and exits to the Landfill in a good state of repair suitable for use in all weather conditions. V COMPENSATION 5. 1 Subj ect to the Contractor's compliance with the terms and conditions of this Agreement, the City shall pay and the Contractor agrees to accept the follow sums of money for each cubic yard of Class IV Waste delivered by the City or its contractor in the specified type of vehicle: Compacted Waste - $2.65 per cubic yard $2.50 per cubic yard Non-Compacted Waste - 5.2 It is understood that the base price per cubic yard is $2.25 for compacted and non-compacted Class IV Waste, and the prices above represent the inclusion of the current state fee of $0.40 per cubic yard of compacted waste and $0.25 per cubic yard of non-compacted waste. Any increase in fees over the current state fee outlined above shall be passed on to the city as they become effective. 5.3 The Contractor shall invoice the City for a sum equal to the number of cubic yards of Class IV waste delivered in the preceding month times the applicable cubic yard price. The invoice shall be submitted within ten (10) days following the end of the month, and the City will pay the Contractor on or before the end of the month. VI TERM OF THE AGREEMENT 6.1 This Agreement shall be effective for a period of eighteen (18) months from and after October 1, 1993 until March 31, 1995, unless terminated earlier in accordance with the terms of this Agreement. Upon expiration of the eighteen-month term of this Agreement, this Agreement shall continue on a month- to-month basis with the same terms and conditions set forth herein, with the right of either party to terminate the Agreement upon ninety (90) days written notice to the other party. PAGE 3 OF 7 . . e e 6.2 If during the month-to-month extension period the Contractor notifies the City that it desires to continue the Agreement, the Contractor must submit, in writing, any proposed changes in the terms and conditions of the Agreement, including rate increases. After receipt of the Contractor's proposed extension of this Agreement, the City shall approve or disapprove of the proposed extension on or before thirty (30) days after receipt of the Contractor's proposal. VII FAILURE TO PERFORM 7.1 All terms and conditions of this Agreement are considered to be material and a failure to perform or a breach of any condition, term or provision of any part of the Agreement shall be considered a default constituting grounds for termination or other default relief by either party of this Agreement. Should either party fail to perform any of its contractual obligations, the other party shall give the other party fifteen days written notice by certified mail, with opportunity to cure the default. The notice shall set forth the causes and reasons for the proposed termination and cancellation. The failure of either party to give notice shall not be deemed a waiver of subsequent defaults or failure to perform. 7.2 In the event that either party is delayed or prevented from continuing in the performance of this Agreement by reason of an Act of God, catastrophe, riot, war, governmental order or regulation, strike or other similar or different contingency beyond the control of the affected party, said party shall not be liable for damages arising solely out of such contingency. VIII INSURANCE AND INDEMNIFICATION 8.1 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. The certificates shall contain the following express obligations: PAGE 4 OF 7 e e "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in full force and effect at this time. In the event of cancellation or material change in a policy affecting the certificate holder(s), thirty (30) days prior written notice shall be given the certificate holder(s). 8.2 The insurance, at a minimum, must include the following coverages and limits of liability: COVERAGE LIMIT OF LIABILITY (1) Worker's Compensation and Employer's Liability statutory (2) Commercial General Liability including Blanket Contractual Liability Bodilv In;ury $500,000 Each Occurrence $1,000,000 Annual Aggregate Prooertv Damaqe (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 8.3 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 off icers, 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. PAGE 5 OF 7 . . . ~ e e . . IX MISCELLANEOUS PROVISIONS 9.1 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. 9.2 All written notices shall be served by registered or certified mail to the parties, return receipt requested, as follows: citv Contractor city Manager city of La Porte P.O. Box 1115 La Porte, Texas 77571 District Manager Sanifill of Texas, Inc. P.O. Box 803828 Houston, Texas 77280-3828 9.3 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. 9.4 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. 9.5 The Agreement shall not bestow any rights upon any third party, but rather, shall bind the City and the Contractor only. 9.6 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. 9.7 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. PAGE 6 OF 7 . .:;. . . . 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 14th day of Sep~ , 1993. ~:;. "., - - ~~ .... ! .;- "i..~~~~::' t ~ ;;wit..~"" :- ~ ~.:.>.' .. ,-"" ~,.,.. ~/~ ' -:...o;!".. .....;t-. ,~ 1 . .~ ~-,/~ -" ~ -/ '\.... y- ~ ;:; ~ , '. --7 "- J ~ .;{ -'" "': v "... -~ :;-: J: ~-:.(~~L) .J',J..~E ,- )-::.:~~~? ATTEST: ~ THE CITY OF LA PORTE , >. ,~ By:G~T. ~ Robert T. Herrera, City Manager LDa -- Sue Lenes, City secretary APPROVED AS TO FORM: wda Knox W. ASkins, City Attorney ~ ~ " BY:__....- Gene Ellisor, District Manager S, INC. /. (SEAL) ,:~' rI' - .~ ATTEST: ~ PAGE 7 OF 7TYPE IV LANDFILL