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HomeMy WebLinkAboutResolution - 4038 - Agreement - TIBH - Blue Bag Recycling Program - 12_10_1992Resolution No. 4038 December 10, 1992 Item #31 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City an Agreement between the City and the Texas Industries for the Blind and Handicapped, which Agreement is attached hereto, and shall be spread upon the minutes of the Council and as spread upon the minute is Council shall constitute and be a part of this Resolution as if fuyly copiX herein in detail. Passed by the City Council this A,,h day ATTEST: Sally S Abbe, Acting City Secretary APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager APPROVED AS TO FORM: Wold Wi ar Assistant City Attorney HW:dw/Agenda-D2/A-TIBH.res November 24, 1992 ember '\ , 1992. STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT This Agreement is entered into by and between the City of Lubbock, Texas, a home rule municipality, hereinafter called "City," and the Texas Industries for the Blind and Handicapped, a private nonprofit corporation organized under Texas law, hereinafter called "TIBH," pursuant to Chapter 122 of V.T.C.A. Human Resources Code. WHEREAS, the City has implemented a "Blue Bag" Recycling Program which requires collection and separation of recyclable materials such as glass, plastic, tin, aluminum and newspapers; and WHEREAS, TIBH has the ability and is willing to assist the City with the separation phase of its Recycling Program through a designated work center such as the Lubbock Regional MHMR Center; and WHEREAS, the City may contract with TIBH for services produced by blind or other severely disabled persons under the provisions of Chapter 122 of V.T.C.A. Human Resources Code without engaging in competitive bidding; and WHEREAS, the City Council of the City has determined that it would be in the best interest of the citizens of the City to enter into an agreement in which TIBH, through a work center, would provide the City with separation services necessary for the Blue Bag Program to be successful; NOW THEREFORE, for and in consideration of the covenants, terms and conditions hereinafter set forth, each of the undersigned parties agree as follows: I. The initial term of this Agreement shall be for one (1) year from the date of execution by all parties hereto and shall be automatically renewable each year thereafter unless any of such parties shall give thirty (30) days written notice of cancellation to the other parties. II. Pursuant to Chapter 122 of V.T.C.A. Human Resources Code, TIBH herein agrees to provide all labor for the separation of five different kinds of commingled recyclable materials in connection with the Blue Bag Recycling Program of the Solid Waste Department of the City. Such services shall be performed in accordance with EXHIBIT A, attached to this Agreement and made a part hereof for all purposes. In consideration for this Agreement, City herein agrees to pay TIBH for all separation services performed within thirty (30) days of receipt of a proper invoice or voucher prepared by TIBH. Payment for such services shall be billed to the City monthly at the following rates: $5.04 per hr. - client rate $9.80 per hr. - supervisor rate $26.32 per day - administrative fee The above rates include calculations for salaries, FICA taxes, workers' compensation insurance premiums, administrative overhead, supervision, transportation expenses and a state use fee. Such rates may be adjusted by TIBH annually in accordance with any increase in the general cost of living index published by the Department of Labor. However, the total sum which the City may become obligated to pay TIBH for services performed pursuant to this Agreement shall not exceed $87,000 per annum. IV. TIBH may immediately terminate this Agreement for any of the following reasons: 1. Upon nonpayment by the City when due of the amount of any proper invoice or voucher. 2. Upon default by the City in the performance of any of the covenants contained herein which are to be performed by the City and the failure of the City to remedy such default within ten (10) days of notification. V. City may immediately terminate this Agreement for any of the following reasons: 1. Upon default by TIBH in the performance of any of the covenants contained herein which are to be performed by TIBH A-TIBH Page 2 and the failure of TIBH to remedy such default within ten (10) days of notification. 2. Upon assignment of this Agreement by TIBH without the consent of the City. 3. Upon failure of TIBH or its assigned work center to maintain workers' compensation insurance for any of the individuals who perform separation services. VI. For purposes of this Agreement, TIBH and any assigned work center shall be deemed independent contractors and operators responsible for their own acts and omissions, and the City shall in no way be responsible therefor. In the performance of its obligations under this Agreement, TIBH shall indemnify and hold harmless the City, its officers, agents and employees from any and all losses that result from any fault or negligence on the part of TIBH, or any of its officers, agents or employees, as well as those officers, agents or employees of any work center, and TIBH shall indemnify the City, its officers, agents and employees against any and all claims, demands, suits, judgments and losses whatsoever. VII. TIBH and its assigned work center shall maintain insurance at all times that this Agreement is in effect, at their sole expense and with underwriters authorized to do business in the State of Texas and acceptable to the City, against claims of general liability, automobile liability and property damage resulting from services performed under this Agreement. The amount of insurance coverage shall not be less than Fifty Thousand Dollars ($50,000) for property damage as a result of any one event; or less than One Hundred Thousand Dollars ($100,000) for personal injury or death of any one person in any one event; or less than Three Hundred Thousand Dollars ($300,000) for personal injury or death of two or more persons in any one event. VIII. City herein reserves the right at all reasonable times to conduct inspections of the premises where the separation services are performed to ensure that all fire, safety and sanitation laws, ordinances and regulations and other provisions of this Agreement are being adhered to by TIBH and the work center performing such services. A-TIBH Page 3 IX. This document constitutes the entire agreement between the City and TIBH. EXECUTED this ATTEST: Sally St4ll Abbe, Acting City Secretary APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager APPROVED AS TO FORM: arold Willard, Ass stant City Attorney ATTEST: HW:dw/cont-agr/D4/A-TIBH.doc November 24, 1992 TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED �L (Zf-5&IG t A-TIBH Page 4 EXHIBIT A SEPARATION SERVICES separation services shall include the removing of the recyclable commodities from their plastic bags and separating them into their individual fractions. The separation site must at all times be clear of litter, debris and other unsightly material. The individual separation fractions will include the following materials: Plastic - Type 1 Natural Plastic - Type 2 Colored Plastic - Type 2 Natural Plastic - Type 2 Colored Tin Aluminum Newspapers Glass - Clear Glass - Green Glass - Brown The plastic, tin, aluminum and newspaper fractions shall be placed in dumpsters provided by the City. The glass fraction shall be processed into cullet.