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HomeMy WebLinkAboutR91-106 (2)PARKS - BASEBALL - BROADWAY COMPLEX RESOLUTION NO. R91-106 A RESOLUTION OF THE CITY OF PLAINVIEW, TEXAS, RENEWING A LEASE AGREEMENT FOR THE OPTIMIST SUMMER BASEBALL PROGRAM. WHEREAS, the City of Plainview and the optimist summer Baseball Program entered a lease agreement on January 23, 1990; and WHEREAS, in accordance with said agreement the optimist Summer Baseball Program has requested that said agreement be renewed for an additional year; and WHEREAS, said renewal is in the best interest of the City of Plainview. NOW, THEREFORE, BE IT RESOLVED by the City of Plainview, Texas, that the Mayor is hereby authorized to execute any agreements associated with the renewal of the existing lease. PASSED AND APPROVED this 7th day of March, 1991. ~. V. Ridlehuber, Mayoz ATTEST: APPROVED AS TO CONTENT: / RESOLUTION NO. R91-107 SPECIAL SPECIFICATIONS FOR LITTER PICKUP AND DISPOSAL AT SANITARY LANDFILL 1. DESCRIPTION: This Specification shall govern for the pickup and proper disposal of the defined items of litter discarded in the sanitary landfill as described herein and/or directed by the Sanitation Superintendent. The Agreement becomes effective on the execution date of the Agreement and is for a term of one (1) year from the date thereof. 2. DEFINITIONS: For the purposes of the Agreement, the following definitions will apply: A. Sanitation "Superintendent" Plainview's Sanitary Landfill designated representative. will mean the City of Superintendent or his B. "Litter" being defined as trash, garbage, refuse of the specified character which is windblown material on the property and described as, but not limited to, paper and plastic products. 3. EQUIPMENT: TLI will furnish all tools, hard hats, safety vests, gloves, transportation to and from the work area, and all other safety materials or devices necessary to perform the work in a safe and orderly manner. 4. METHODS OF OPERATION: Prior to beginning operations, a meeting between representatives of the City and TLI will be arranged by the City. In this meeting, TLI will outline the proposed litter pickup and disposal procedure and submit its plan for performing the work while providing for the safe passage of traffic at all times. SCOPE OF WORK: TLI will be required to pick up all litter, as defined in Item 2, in the sanitary landfill. The accumulated litter shall be placed in litter bags furnished by the City and returned to the landfill working face. TLI will not be required to remove dead animals. 1 of 2 RESOLUTION NO. R91-107 The size of litter to be picked up shall be cigarette pack size and larger. No sweeping shall be required. TLI will be responsible for the erection of all signing necessary to comply with this agreement. 6. MEASUREMENT: The unit of measurement for pickup of litter will be by the area to be serviced as designated by the City. The area to be serviced is: City of Plainview's Sanitary Landfill 300 Joliet Plainview, Texas 79072 PAYMENT: Ail work performed will be paid for the hours worked which shall be full compensation for furnishing all labor, equipment and incidentals necessary to complete the work, except items specified to be furnished by the City. Payment shall be made monthly after the satisfactory completion of assigned work. 2 of 2 RESOLUTION NO. R91-107 STATE OF TEXAS COUNTY OF HALE AGREEMENT FOR LITTER PICKUP AND DISPOSAL WHEREAS, the City Council of the City of Plainview, Texas, by Resolution No. R91-107, has expressed a need to enhance the efficiency of the Sanitary Landfill Department operations by supplementing the clean-up of the sanitary landfill with outside contract labor; and WHEREAS, state law requires the collection of windblown material and surface debris at solid waste land disposal sites; and WHEREAS, Tommy Lewis Industries, Inc. has indicated a willingness and ability to provide such support to the City of Plainview; and WHEREAS, it is to the mutual benefit of both parties to reduce the commitments made and services to be performed to writing. This agreement entered into, in duplicate originals, this the day of , 1991, by and between the City of Plainview, a Texas municipal corporation (City) located at 901 Broadway, Plainview, Texas 79072 and Tommy Lewis Industries, INC. (TLI), a state designated Mental Health and Mental Retardation non-profit organization, located at 208 S. Columbia, Plainview, Texas 79072. Section 1.00. CONTRACTING PARTIES: City of Plainview, Texas, 901 Broadway, Plainview, Texas 79072 Tommy Lewis Industries, Inc., 208 S. Columbia, Plainview, Texas 79072 Section 2.00. STATEMENT OF SERVICES TO BE PERFORMED: See attached Exhibit "A" and Exhibit "B", incorporated herein. Section 3.00. CONTRACT AMOUNT: The total amount of this Contract shall not exceed $4,800.00. 1 of 3 RESOLUTION NO. R91-107 Section 4.00. PAYMENT FOR SERVICES: The City shall pay for services rendered upon receipt of a proper invoice or voucher prepared by TLI within 30 days from receipt of same. Payment for services performed shall be billed monthly at a rate of the equivalent of two (2) man hours per hour at the rate of ten (10) dollars per hour. Section 5.00. TERM OF CONTRACT: This Contract is to begin on the date executed and shall terminate one (1) year thereafter. Either party may terminate this Contract at any time. TLI shall be entitled to receive payment only for services rendered up to the time of receipt of notification of termination. THE UNDERSIGNED PARTIES do hereby certify that, (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected parties of Local and State Government, and (2) the services, supplies or Contract, are not required by Section 21 of Article XVI of the Constitution of Texas to be supplied under Contract given to the lowest responsible bidder. CITY OF PLAINVIEW The City of Plainview further certifies that it has authority to contract for the above services by authority granted in Section 122.005 and Section 122.014, Chapter 122, Human Resources Code. CITY OF PLAINVIEW, TEXAS E.V. RIDLEHUBER, MAYOR DATE TOMMY LEWIS INDUSTRIES, INC. The undersigned signatory for Tommy Lewis Industries, Inc. hereby represents and warrants that he is an officer of the organization for which he has executed this Contract; and that the officer has 2 of 3 RESOLUTION NO. R91-107 full and complete authority to enter into this contract on behalf of TLI and has legal authority to perform the activities provided for herein. TOMMY LEWIS INDUSTRIES, INC. AUTHORIZED SIGNATURE DATE CERTIFYING PARTY TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED (TIBH) AUTHORIZED SIGNATURE DATE 3 of 3 RESOLUTION NO. R91-107 EXHIBIT "A" GENERAL REQUIREMENTS - SANITARY LANDFILL AREA MAINTENANCE TLI shall observe and comply with all federal, state, and local laws, safety and health regulations, ordinances, and all other ordinances and regulations which in any manner affect the conduct of the work. In order to insure the safety of the traveling public, TLI shall coordinate all work with the City. Ail safety materials or devices necessary to perform the work under the Purchase Order in a safe and orderly manner shall be furnished by TLI. TLI agrees to accept full responsibility for any and all damages, including damage to public right-of-ways as a result of its operations thereon. TLI further agrees to promptly repair any such damage in accordance with the City's instructions. TLI shall provide the City with TLI's Certificate of Insurance covering the below listed insurance coverages prior to the initiation of any work. Worker's Compensation Insurance Amount - Statutory Comprehensive General Liability Insurance Amounts - Bodily Injury $400,000 each occurrence Property Damage $ 25,000 each occurrence $100,000 aggregate Comprehensive Automobile Liability Insurance Amounts - Bodily Injury $100,000 each person $300,000 each occurrence Property Damage $ 25,000 each occurrence The City shall be included as an "Additional Insured" by endorsement to policies issued for coverages listed in B and C above. A "Waiver of of Subrogation Endorsement" in favor of the City shall be a part of each policy for coverages listed in A, B and C above. A certified copy of these endorsements shall be attached to the Certificate of Insurance. TLI shall be responSible for any deductions policy. stated in the 1 of 3 RESOLUTION NO. R91-107 The Certificates(s) of insurance evidencing the above coverage(s) shall be forwarded to the City. All policies and certificates shall be endorsed and provide the following clause: "It is understood and agreed that the Insurance Company shall notify the City of Plainview thirty (30) days in advance of the effective date of any reduction of or cancellation of this policy." The Insurance Company(s) providing the above insurance shall be satisfactory to the City. Notices of policy changes shall be furnished to the City. The certificate of insurance must be on file with the City prior to initiation of any work by TLI. TLI agrees to save harmless the City from any and all claims and liability due to the acts of TLI's employees and the operation of their equipment. TLI also agrees to save harmless the City from any and all expenses, including attorney fees, incurred by the City in litigation or otherwise resisting such claims or liabilities as a result of TLI's employees' activities. Further, TLI agrees to protect, indemnify and save harmless the City from and against all claims, demands and causes of action of every kind and character brought by any employee of TLI against the City due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of TLI. TLI will confine all operations to daylight hours with no work performed on Sundays or State observed holidays unless otherwise authorized by the City. Ail equipment operating on public right-of-way shall be licensed in accordance with the laws of this State. The services performed by TLI are to be done on Monday through Friday of each calendar week. In the event of inclement weather, it is to be done as soon as weather permits on the next calendar day. Ail operations must meet the approval of the City. Failure by TLI to satisfactorily perform the work as specified shall be cause for immediate suspension of the work, and possible suspension and/or termination of the Contract. Upon suspension of the work, the City shall have the option of performing the work with its own forces during the interim period pending final resolution. 2 of 3 RESOLUTION NO. R91-107 10. TLI will not be permitted to assign, sell, transfer, or otherwise dispose of its interest in this agreement without the express written consent of the City. 11. Payments to TLI for services rendered will be made based upon the submission of a billing statement properly completed and d6cumented by the City's personnel. 12. The City shall have the right to audit the books and records of TLI, as such pertain to this agreement, during the hours of the normal workday. 3 of 3 RESOLUTION NO. R~I-10? EXHIBIT "B" SPECIFICATIONS FOR SANITARY LANDFILL MAINTENANCE 1. DESCRIPTION: This item shall govern for sanitary landfill maintenance in accordance with the requirements, specifications and drawings bound herein and/or as directed by the Sanitation Superintendent. GENERAL: For the purpose of the Purchase definitions will apply: Order, the following "Sanitation Superintendent" will mean the City of Plainview Sanitary Landfill Superintendent authorized representative. or his "Litter" being defined as trash, garbage, refuse of the specified character which is windblown material on the property and described as, but not limited to paper and plastic products. TLI will furnish all tools, rubber boots, gloves, transportation to and from the work area, and all other safety materials or devices necessary to perform the work in a safe and orderly manner. 3. TRANSPORTATION: TLI shall have transportation immediately available for transporting all employees to their work area during each work period. 4. METHODS OF TRANSPORTATION: A. Prior to beginning operations, a meeting between representatives of the City and TLI will be arranged by the City. In this meeting, TLI will outline the proposed maintenance procedures and submit plans for performing the work. B. Ail work by TLI shall be done between the hours mutually agreed on by the City and TLI. .... 1 of 2 RESOLUTION NO. R91-107 5. DESCRIPTION AND LIMITS OF SERVICES: The following is a more detailed description of the maintenance service to be performed under this Agreement: A. Ail litter will be picked up, bagged, tied, and placed at the working face of the disposal site by TLI. B. Litter shall not be collected by TLI in areas that may be dangerous for the workers, such as the top edge of a pit wall, rocky areas, or in Running Water Draw while wet. TLI is expressly responsible for the safety precautions and the personal safety of the workcrew. TLI shall provide a supervisor at all times for the workcrew. Handicapped persons of the crew shall not be left unsupervised. B. Hours worked by TLI crews at the landfill will normally be 1:00 p.m. to 3:00 p.m. weekdays, unless otherwise directed by the Sanitation Superintendent. 2 of 2