The URL can be used to link to this page

Home My WebLink AboutR89-169SANITATION - RECYCLING - MI~MR - TOMMY LEWIS INDUSTRIES RESOLUTION NO. R89-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER A CONTRACT WITH THE BOARD OF TRUSTEES OF TOMMY LEWIS INDUSTRIES OF CENTRAL PLAINS MENTAL HEALTH MENTAL RETARDATION CENTER OF PLAINVIEW FOR RECYCLING REFUSE- WHEREAS, the City of Plainview is promoting the recycling of refuse in order to preserve the environment and to reduce overall landfill costs; and WHEREAS, Tommy Lewis Industries of Central Plains Mental Health Mental Retardation Center of Plainview, Texas, operates a recycling center; and WHEREAS, the City of Plainview and Tommy Lewis Industries may mutually benefit each other in working together and promoting recycling. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Plainview, Texas, that the City Manager is hereby authorized to execute a Contract with the Board of Trustees of Tommy Lewis Industries of Central Plains Mental Health Mental Retardation Center of Plainview, Texas, concerning the handling and disposition of municipal solid waste thru recycling. Passed and Approved this 8th day of August, 1~9~ ~ , ~ E.V. Ridlehuber, Mayor Carla Reese, City Secretary Wm. R. Hogge, Diredt6r of Pub'lic APPROVED AS TO FORM: David Blackburn, City Attorney Works STATE OF TEXAS COUNTY OF HALE CONTRACT THIS AGREEMENT entered into by and between the Board of Trustees of Tommy Lewis Industries of Central Plains Mental Health Mental Retardation Center of Plainview, Texas ( hereinafter called CENTER) and the City of Plainview, (hereinafter called PROVIDER) of Plainview, Texas. WHEREAS, the Texas Mental Health Mental Retardation Act of 1965 declares that the public policy of the State of Texas is to encourage local agencies and private organizations and individuals to assume responsibility for the effective administration of mental health and mental retardation services with the assistance, cooperation and support of the Texas Department of Mental Health and Mental Retardation, and WHEREAS, said Act provides for the e~tablishment of Mental Health and Mental Retardation Centers, and WHEREAS, said Act authorizes the Center to enter contracts with local agencies and individuals to provide mental health and mental retardation services or portions thereof. WHEREAS, the promotion of recycling efforts will reduce the City of Plainview Sanitation Department operating cost; and WHEREAS, the promotion of recycling-efforts will increase the useful life of the City Sanitary Landfill. WHEREAS, the Solid Waste Disposal Act (SWDA), Article 4477-7 y_9_~~ Texas iv~ Statutes as amended was enacted to regulate the management of solid waste in Texas, and WHEREAS, the SWDA has designated the Texas Department of Health (the Department) as the solid waste agency with respect to municipal solid waste and authorized the Department to adopt and promulgate rules and regulations consistent with the general intent of the SWDA, and WHEREAS, the Department having adopted the "Municipal Solid Waste Management Regulations" (MSWMR) which may be amended from time to time, regulates and manages municipal solid waste in Texas under the MSWMR, and ....... 1 of 4 WHEREAS, the provisions of this contract apply handling and disposition of municipal solid waste. to the Consideration., promises and covenants as set forth herein, agree: NOW THEREFORE, in consideration of their mutual agreements, PROVIDER will contribute recyclable plastic, wood, etc.) to the CENTER. PROVIDER AND CENTER PROVIDER will furnish material to the CENTER. material the transportation of PROVIDER will work with CENTER to develop delivery schedule based on daily volume. (cardboard, recyc lab le a practical o o - PROVIDER agrees that it will not knowingly render materials to the CENTER that contain any hazardous, toxic, or putrid wastes as defined by Local, State, Federal or Provincial laws or regulations. PROVIDER will provide no cost dumping at the City dump ground of sorted non-recyclable waste originating from PROVIDER and generated at the CENTER during processing. CENTER will furnish to PROVIDER proof of all necessary liability insurance as may be required by PROVIDER. CENTER will assume all responsibility for the sale of the PROVIDER'S recyclable material, including all necessary permits, licensing and certifications. PROVIDER wil'l promote the general advantages of recycling and the recycling services that CENTER can provide. PROVIDER and CENTER will adhere to all applicable current and future TDH regulations concerning recycling and resource recovery systems. 2 of 4 Covenants PROVIDER and the CENTER agree and covenant: A. PROVIDER agrees that they will permit the CENTER or the Texas Department of Mental Health and Mental Retardation or the Department of Health, Education and Welfare to examine and evaluate their program of services provided under this contract and to audit or inspect their records relating to said services. PROVIDER will also furnish to the CENTER Board or the Texas Department of Mental Health and Mental Retardation or the Department of Health, Education and Welfare any information as may be requested relating to the services herein described. B. The CENTER will provide all patient data information and/or forms as may be requested by the Texas Department of Mental Health and Mental Retardation. C. Ail programs and services provided by the service agency under this contract shall be provided in accordance with the Rules of the Commissioner of the Texas Department of Mental Health and Mental Retardation Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, Age Discrimination Act and all federal rules and regulations, state laws and executive orders as applicable. Warranties ALL A~PLICABLE r~les, regulations and standards of the Texas Department of Mental Health and Mental Retardation will be complied with. PROVIDER agrees to provide services in compliance with all applicable sections of the most current Texas Department of Mental Health and Mental Retardation's Community Standards, and with all applicable ICF-MR standards. If there are no applicable standards for these services or if the services are governed by other more stringent standards, PROVIDER agrees to provide services in compliance with the prevailing standards. CENTER agrees to provide PROVIDER with a copy of the applicable sections of the most current Texas Department of Mental Health and Mental Retardation's Community Standards, and ICF-MR standards, as well as any necessary instruction in regard to the standards. PROVIDER also agrees to provide CENTER with a copy of all applicable sections of the most current prevailing standards of the profession. 3 of 4 PROVIDER will allow CENTER to examine and evaluate all services provided through this contract in accordance with Sections 1 and 2 listed above. This shall occur on an annual basis or more often as deemed appropriate by CENTER. THIS CONTRACT shall become effective for all purposes August 8 , 1989 and shall terminate August 31, 1994, unless renewed in writing by the parties hereto, but obligations between parties relating to patient information shall survive indefinitely beyond any termination of this contract. This agreement may be terminated at any time by eithen party upon thirty (30) days written notice to the other party. This agreement shall be binding on the parties and their successors and assigns. EXECUTEoD in duplicate originals for all purposes as of this the 30th day of ;%n?].~t: 1 qRq SIGNE~ Plainview, Texas 79072 Rick V/~n Hers Execu{ive Director Central Plains MH/MR Center Tommy Lewis Industries P lainview, Texas 79072 4 of 4