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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:
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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