HomeMy WebLinkAboutResolution - 051371G - Contract - Tri-State Industries Inc - Southeast Water Reclamation Plant - 05/13/1971GSL:
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract in fa-
vor of Tri-State Industries, Inc., attached herewith which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Counc
shall constitute and be a part of this Resolution as if fullv cobied herein in
detail.
Passed by the City Council this
ATTEST:
Lavenia Lowe,)City Secretary -Treasurer
APPROVED AS RTO FORM:
ed O. Senter, Jr.,/,C/Ay Attorney
CONTRACT
THIS AGREEMENT, entered into between the CITY OF LUBBOCK,
a Home Rule Municipality, of Lubbock County, Texas, referred to as the
CITY, and TRI-STATE INDUSTRIES, INC,', ' a New Mexico Corporation,
Of Curry County, New Mexico, referred to as TRISTATE.
WHEREAS, the CITY throught the Water Reclamation Department,
from time to time, accumulates in its facilities amounts of scum, grease
and other organic material; and
WHEREAS, TRI-STATE has offered to remove from the CITYIS
Southeast Water Reclamation Plant the grease materials at no cost to the
CITY; and
WHEREAS, the parties have come to an understanding and
agreement:
NOW THEREFORE, in consideration of the stated premises, and
i the mutual covenants and agreements contained in this contract the parties
state as follows:
1. The CITY grants to TRI-STATE an exclusive right to remove,
at no cost to the CITY, the grease materials which shall collect in the pri-
mary clarifier of the Number 2 Plant at the Southeast Water Reclamation
Plant.
2. TRI-STATE agrees, at its own expense, and subject to the approval
of the Public Works Director to do the following:
a. provide suitable receptacles together with all necessary piping
material, in order to receive the grease material, the receptacles shall be so
situated to easily facilitate transfer of the waste materials.
b. - maintain all receptacles, piping materials and other equipment
in suitable working condition and comply with rules and regulations of the CITY.
3. The CITY agrees to provide all necessary labor and equipment to
skim off the grease material and transfer it into the receptacles.
4. Upon termination of the primary term of this contract, all receptacles
and piping materials shall become the property of the CITY.
5. The primary term of the contract shall run for five (5) years,
commencing 13 day of � ` " , 1971. Six (6)
months prior to the expiration of the primary rm TRI-STATE may notify
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the CITY of its desire to extend the primary, term of the contract. Upon the
mutual agreement of the parties, this contract may be extended for an addi-
tional five (5) year term.
6. TRI-STATE covenants and agrees to hold the CITY free and harm-
less against any and all claims, demands, suits, judgments and lossess that
are the result of the maintenance, installation or operation of the facilities
described in this agreement.
7. TRI-STATE agrees to indemnify, defend and forever save the
CITY, its authorized agents, representatives, and employees, harmless from
and against all penalties, liability or loss resulting from claims or court action
of an nature arising directly or indirectly out of an acts or omissions of
Y g Y Y Y
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TRI-STATE, its agents, servants, guests and employees.
8. This contract cannot be assigned by TRI-STATE without the written
consent of the CITY.
9. Any property of the CITY, oror which the CITY may be responsible,
which is damaged or destroyed incident t9 the exercise of the privileges here
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granted shall be properly repaired or replaced by TRI-STATE to the satis-
faction of the CITY and its authorized representatives, or in lieu of such re-
pair
e-pair or replacement, TRI-STATE shall, if so required by the CITY, pay to the
CITY money in any amount deemed sufficient by the CITY COUNCIL to corn-
pensate for the loss or damage to or destruction of such property.
IN WITNESS WHEREOF, the parties have this qday of MAY ,
19718 executed this Contract.
CITY OF LUBBOCK
J. H. GRANBERR MAYOR
ATTE ;
Lavenia Lowe, tity Se '`retary-rTreasurer
i
TRI -S'T'ATE INDUSTRIES, INC.
By;
ATTEST;
By;
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared J." H. GRANBERRY, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of the CITY
OF LUBBOCK and as MAYOR, for the purposes and consideration therein ex-
pressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1971.
Notary Public, Lubbock County, Texas
r'
THE STATE OF NEW MEXICO
i COUNTY OF CURRY
BEFORE ME, the undersigned authority, a Notary Public in.and for said
County, New Mexico, on this day personally appeared Richard P. Jerome ,
President of TRI-STATE INDUSTRIES, INC., a corporation, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same as the act and deed of TRI-STATE INDUSTRIES,
INC., a corporation, for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 3rd day of
May 1971.
My Commission Expires:
October, 16, 1973.
N t y Public, Curry County, New Mexico
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