HomeMy WebLinkAboutResolution - 4286 - Interlocal Agreement - Wolfforth - Municipal Solid Waste Collection & Disposal - 10_14_1993Resolution No. 4286
October 14, 1993
Item #41
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 an Interlocal
Agreement for Municipal Solid Waste Collection and Disposal by and between
the City of Lubbock and the City of Wolfforth, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
�� )a c�L
Betty M. JohnsonoCity Secretary
APPROVED AS TO CONTENT:
L"ee' Ramp rez,
Solid Waste Superintendent
APPROVED AS TO FORM:
ald G. Van ever,
First Assistant City Attorney
DGV:da/AGENDA-D1/A-WOLFTH.res
October S, 1993
Resolution No. 4286
October 14, 1993
Item #41
THE STATE OF TEXAS §
INTERLOCAL AGREEMENT FOR MUNICIPAL
COUNTY OF LUBBOCK § SOLID WASTE COLLECTION AND DISPOSAL
WITNESSETH:
WHEREAS, the City of Wolfforth (hereinafter called
Wolfforth) desires to contract for municipal solid waste
collection and disposal within the municipal limits of Wolfforth
and the City of Lubbock (hereinafter called Lubbock) desires to
provide such services within the municipal limits of Wolfforth;
NOW THEREFORE:
This interlocal governmental agreement is entered into this
14th day of October , 1993, by and between Wolfforth and
Lubbock for the mutual covenants hereinafter set forth and
Wolfforth and Lubbock hereby agree as follows:
1) COST OF SERVICE
Lubbock will provide the municipal solid waste collection
and disposal services described herein in accordance with the
schedule attached hereto as Exhibit A. All payments for such
services shall be made from current funds of the user as required
by Chapter 791 of the Government Code (Interlocal Cooperation
Act) .
2) LEVEL OF SERVICE
A) RESIDENTIAL. Lubbock Solid Waste will provide twice -a -
week residential waste collection and disposal. Residential
collection shall only be conducted between 7:00 a.m. and 8:00
p.m., Monday through Friday. Residential waste will be collected
by sideloading trash trucks in the alleys adjacent to the homes,
or at curbside if alleys are not available.
B) COMMERCIAL. Lubbock Solid Waste will provide '
commercial waste collection and disposal. Commercial waste will
be collected by sideloading trash trucks in the alleys adjacent
to the business, or at curbsides if alleys or not available.
C) TYPE OF WASTE COLLECTED. Lubbock will collect and dispose
of at the City of Lubbock landfill only municipal solid waste as
defined by the Texas Water Commission. Municipal solid waste
excludes all types of hazardous waste as defined by the
Environmental Protection Agency and the Texas Water Commission.
However, Lubbock will collect and dispose of Type I non -hazardous
waste as defined by the Texas Water Commission.
3) HOUSEHOLD HAZARDOUS WASTES
Lubbock proposes to operate a drop-off center on a site
provided by Wolfforth for the collection of some types of
"household hazardous wastes," specifically including used motor
oil, batteries, used cooking oil/grease, and tires. Lubbock will
provide the containers, hauling and marketing services for these
items. Lubbock Solid Waste will not staff the site; however,
Lubbock Solid Waste will assist Wolfforth in its public education
efforts. Lubbock will retain any revenues that may be generated
by marketing the materials. Lubbock Solid Waste will strive to
provide Wolfforth with other household hazardous waste collection
and disposal services as such services become available in
Lubbock. Lubbock will include Wolfforth in a grant proposal to
the Texas Water Commission for assistance in management of
household hazardous wastes.
4) RECYCLING
Lubbock Solid Waste will operate a drop-off recycling center
on a site provided by Wolfforth. The site will be used to collect
newsprint, bimetal cans, aluminum beverage cans, plastic bottles
(types 1 and 2), and glass food container jars or bottles.
Wolfforth citizens will place their recyclable materials in "blue
bags," which can be provided by local grocery stores. The bags
will then be placed inside metal recycling collection containers
at the drop-off site. Lubbock Solid Waste will then collect and
transport the blue bags them to a municipal recycling facility
twice each week. Lubbock Solid Waste will provide containers,
hauling and marketing services. Lubbock solid Waste will not
staff the site; however, Lubbock Solid Waste will assist
Wolfforth with its public education efforts. A flat fee will be
charged for this service and Lubbock Solid Waste will retain any
funds that may be generated by the marketing of recyclable
materials.
5) CITY -USE DUMPSTERS
Lubbock Solid Waste will empty dumpsters used exclusively by
the City of Wolfforth for no additional charge up to a total of
three (3) 3 cubic yard dumpsters and one (1) 3 cubic yard
dumpster for the Little League. In addition, up to five (5) 3
cubic yard dumpsters will be provided for the Harvest Festival
each year. The Harvest Festival dumpsters shall be moved in on
the Friday preceeding the event and removed on the Moday
following the event. This special service is in exchange for the
use of Wolfforth streets, alleys and billing services.
INTERLOCAL AGREEMENT/SOLID WASTE COLLECTION
CITY OF WOLFFORTH — PAGE 2
6) COLLECTION EQUIPMENT
Lubbock Solid Waste will use one (1) thirty-three (33) cubic
yard trash truck for the collection of residential and commercial
waste. It is anticipated that the vehicle will be a 1993 Ford
1460 with a 210 horsepower engine built by Cummins.
7) WOLFFORTH PERSONNEL
Any Wolfforth Sanitation/Solid Waste employee not
transferred to another job with the City of Wolfforth may apply
for employment with the City of Lubbock, should any additional
positions become available and directly related experience is a
definite plus for any potential employee.
8) DUMPSTERS
Wolfforth will retain ownership of its dumpsters and may add
additional dumspters as required at their own expense; however,
Lubbock Solid Waste will maintain those dumpsters during the term
of this contract. The City of Lubbock proposed to repair 10% of
the dumpsters each year. Wolfforth staff may notify Lubbock Solid
Waste of certain dumpsters to receive priority in repair. The
dumpsters will be 3 cubic yard side loading units and will be the
property of Wolfforth.
9) WOLFFORTH SOLID WASTE VEHICLES AND LANDFILL EQUIPMENT
Lubbock will allow Wolfforth to participate in Lubbock's
annual auction of excess and surplus equipment to dispose of
Wolfforth's surplus solid waste equipment. Lubbock will retain 10
percent of the sales price of such equipment to cover
administrative and other expenses.
10) CUSTOMER SERVICE
Lubbock will provide a toll -free number to accommodate
Wolfforth customer requests and complaints. The customer service
line will be open 8 a.m. to 5 p.m., Monday through Friday.
Lubbock Solid Waste will strive to have customer complaints
remedied within 24 hours, circumstances permitting.
INTERLOCAL AGREEMENT/SOLID WASTE COLLECTION
CITY OF WOLFFORTH — PAGE 3
11) NONDISCRIMINATION
The City of Lubbock is an equal opportunity employer and
does not discriminate on the basis of race, creed, color,
national origin, gender, religion, age or disability.
12) BILLING AND COLLECTION SERVICES
Wolfforth will continue to handle billing and collection
from Wolfforth's solid waste customers. Lubbock Solid Waste will
bill Wolfforth directly for its services.
13) ANNUAL RATE REVIEW
The rates summarized in Exhibit A and referred to herein
shall be subject to annual negotiation by the parties hereto and
may be adjusted to reflect changes in the Consumer Price Index
and changes in landfill regulations by the state and federal
governments. A 90-day written notice shall be given by Lubbock to
Wolfforth prior to any scheduled rate increase.
14) INSURANCE
Lubbock Solid Waste will provide Wolfforth with a
certificate of insurance certifying coverage under a $1,000,000
(one million dollars) combined single limit policy for bodily
injury and property damage.
15) PERFORMANCE BOND
Lubbock will provide Wolfforth with a performance bond for
the faithful performance of this contract.
16) TERM OF CONTRACT
The term of this contract shall be five (5) years from the
date of execution of this contract. Services shall begin within
sixty (60) days of execution of this contract. This contract may
be renewed for successive five (5) year terms under the same
terms and conditions, except for rates charged, by mutual
agreement of the parties expressed in writing at least 30 days
prior to the end of each 5-year term.
INTERLOCAL AGREEMENT/SOLID WASTE COLLECTION
CITY OF WOLFFORTH — PAGE 4
17) APPLICABLE LAW
This contract is an interlocal agreement executed under the
laws of the State of Texas and it's interpretation is governed by
the laws of the State of Texas. Venue and jurisdiction of any
suit or cause of action arising under or in connection with this
agreement shall lie exclusively in Lubbock County, Texas.
18) TERMINATION
This contract may be terminated by either party at the end
of any one year period upon sixty (60) days written notice to the
other party prior to each annual anniversary date.
19 ) FORCE MAJEURE
To the extent that either party to this Contract shall be
wholly or partially prevented from the performance of the term
specified or of any obligation or duty placed on such party by
reason of or through strikes, stoppages of labor, riot, fire,
flood, acts of war, insurrection, court judgment, act of God, or
other specific cause reasonably beyond the parties' control and
not attributable to its' malfeasance, neglect or nonfeasance. In
such event, the time for performance of such obligation or duty
shall be suspended until such disability to perform is removed.
20) SEVERABILITY
Both parties agree that should any provision of this
contract be determined to be invalid or unenforceable for any
reason, such determination shall not affect any other term of
this contract, which shall continue in full force and effect.
21) CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of
this contract which are required by federal or state law or
regulations are automatically incorporated into this contract
without written amendment hereto, and shall become effective on
the date designated by such law or regulation.
INTERLOCAL AGREEMENT/SOLID WASTE COLLECTION
CITY OF WOLFFORTH — PAGE 5
22) ENTIRE AGREEMENT
This contract constitutes the complete agreement between the
parties hereto and supersedes any and all oral or written
agreements between the parties relating to the matters contained
herein. Except as otherwise provided herein, this contract cannot
be modified except by the written agreement of the parties
hereto.
EXECUTED on this the
CITY OF WOLFFORTH:
} �� �J'
MAYOR
ATTEST:
4Ci Secretary
ddWsotwastxon
August 12, 1993
)3.
ATTEST:
Betty . Jcjhnson,
City Secretary
APPROVED AS TO CONTENT:
Lee Ramirez,
Solid Waste S perintendent
APPROVED AS TO CONTENT:
Dbffald G. Vandiver,
First Assistant City Attorney
INTERLOCAL AGREEMENT/SOLID WASTE COLLECTION
CITY OF WOLFFORTH — PAGE 6
Exhibit A
BASE PROPOSAL FORM
Below are the proposed rates for municipal solid waste
collection and disposal services to be provided by the
City of Lubbock for the City of Wolfforth.
LEVEL OF SERVICE
A. RESIDENTIAL
Two Pick Ups Per Week:
B. COMMERCIAL
Two Pick Ups Per Week:
Three Pick Ups Per Week:
C. HOUSEHOLD HAZARDOUS WASTE
Drop -Off for Tires:
Drop -Off for Batteries:
Drop -Off for Motor Oil:
Drop -Off for Cooking Grease:
D. RECYCLING
Drop -Off for Blue Bags:
E. CITY -USE DUMPSTERS
Two Pick Ups Per Week:
RATES
$11.50 per household
per month
$37.00 per dumpster
per month
$42.00 per dumpster
per month
no additional charge
no additional charge
no additional charge
no additional charge
$300 for the entire city
per month
no additional charge
dated: August 31, 1993