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Home My WebLink AboutResolution - 4531 - Interlocal Agreement - Lubbock County - Commerical Waste Collection - 06_23_1994Resolution No. 4531 June 23, 1994 Item #30 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 by and between the City of Lubbock and Lubbock County regarding the commercial waste collection from County buildings within the City of Lubbock limits, which Agreement is attached hereto, 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: �� " C�� Betty M. Johnson, Oty ecretary APPROVED AS TO CONTENT: e Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney DGV:(Wcc&cs/A-00MW ST.res June 14, 1994 Resolution No. 4531 June 23, 1994 Item #30 INTERLOCAL AGREEMENT THE STATE OF TEXAS MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL COUNTY OF LUBBOCK WHEREAS, the rules and regulations with regard to solid waste disposal requirements have become increasingly complex in recent years due to changes in Federal and State Law; and WHEREAS, Lubbock County (hereinafter called County) desires to contract for municipal solid waste collection and disposal for the facilities located within the municipal limits of the City of Lubbock named in Exhibit A and the City of Lubbock (hereinafter called City) desires to provide such services within the municipal limits of the City of Lubbock; NOW THEREFORE: WITNESSETH: This interlocal governmental agreement is entered into this 23rd day of June 1994, by and between County and City for the mutual covenants hereinafter set forth and County and City hereby agree as follows: 1. COST OF SERVICE City will provide the municipal solid waste collection and disposal service described herein in accordance with the schedule attached hereto as Exhibit A. All payments for such services shall be made from the current funds of the user as required by Chapter 791 of the Government Code (Interlocal Cooperation Act). 2. LEVEL OF SERVICE (A) COMMERCIAL, Lubbock Solid Waste will provide commercial solid waste collection and disposal. Commercial waste will be collected by side -loading and front - loading trash trucks in the alleys adjacent to County facilities, or at curbsides if alleys are not available. (B) TYPE OF WASTE COLLECTED. City will collect and dispose at the City of Lubbock landfill only "municipal solid waste" as defined by the Texas Natural Resource Conservation Commission (hereinafter called TNRCC) and by Section 361.003(18) of the Texas Health and Safety Code (Solid Waste Disposal Act) collected within the County's jurisdiction. It will be the responsibility of the County to unsure that only "municipal solid waste" is presented for disposal to the City. (C) HAZARDOUS AND/OR TOXIC WASTES "Municipal solid waste" excludes all types of hazardous and/or toxic waste as defined by the Environmental Protection Agency and the TNRCC. It will be the responsibility of the County to insure that all waste presented for collection and disposal under this agreement is free of any hazardous and/or toxic waste of any nature whatsoever. In the event that it becomes necessary to undertake removal or remedial action as a result of waste presented for collection and disposal by the County, County hereby agrees to pay all costs associated with such removal or remedial action, regardless of when said removal or remedial action may take place. (D) INDEMNIFICATION To the extent authorized by law, the County shall hold harmless the City, its officers and employees from all third party claims for injury to, or death of persons and damage to, or loss of physical property directly due to spills or accidents of itself, its agents, cotractors, officers or employees, performed under this agreement and which result from the negligence or willful misconduct of the County or of any person employed by the County. 3. RECYCLING Lubbock Solid Waste will provide collection, separation, and marketing of recyclables to include white office paper, green -bar computer paper, and cardboard in accordance with the schedule attached as Exhibit A. Lubbock Solid Waste will provide the containers as indicated in attached Exhibit A. 4. CITY USE DUMPSTERS Lubbock Solid Waste will empty dumpsters used exclusively by the County as scheduled in Exhibit A. 5. COLLECTION EQUIPMENT Lubbock Solid Waste will use one (1) durty-three (33) cubic yard side -loading truck, one (1) thirty-five (35) cubic yard front - loading trash truck, and one (1) recycling collection truck for the collection of commercial waste and recyclable commodities. 6. CUSTOMER SERVICE City will provide a toll -free telephone number to accommodate County 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 complaints remedied within 24 hours, circumstances permitting. 7. NONDISCRBI]NATION City is an equal opportunity employer and does not discriminate on the basis of race, creed, color, national origin, religion, age, or disability. S. BILLING AND COLLECTION SERVICES City will bill County once a month for services rendered. County will remit payment within one (1) month of the date billed by the City. 9. ANNUAL RATE REVIEW The rates are 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 ninety (90) day written notice shall be given by City to County prior to any scheduled rate increase. 10. TERM OF THE CONTRACT The term of this contract shall be for one (1) year from the date of execution of this contract subject to termination for cause or default. Services shall begin within sixty (60) days of execution of this contract or no later than July 1, 1994. This contract may be renewed for successive one (1) year terms under the same terms and conditions, unless the rate changes by mutual agreement of the parties expressed in writing at least thirty (30) days prior to the end of each one (1) year term. 11. APPLICABLE LAW This contract is an interlocal agreement executed under the laws of the State of Texas and its 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 he exclusively in Lubbock County, Texas. 12. TERMINATION This contract shall automatically terminate upon the failure of the City to perform its duties under this contract and to immediatly cure such failure after receiving notice or on the failure of the County to make payment for such services within one (1) month of the date billed. 13. 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 party's control and not attributable to its malfeasance, neglect, or nonfeasance. In such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. 14. SEVERABILM 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. 15. 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. 16. ENTIRE AGREEMENT This contract constitutes the complete agreement between the parties hereto and supersedes any or all oral and written agreements between the parties relating to matters contained herein. Except as otherwise provided herein, this contract cannot be modified except by written agreement of the parties hereto. EXECUTED on this 23rd day of LUBBOCK COUNTY: COUNTY JUDGE ATTEST: Amyl\waft.aoc A l A J..►7 1 . &t rL'�- jl�� Betty A Johnson, City Secretary APPROVED AS TO CONTENT: , �Irzz.' I Lee Ramitez, Superintendent Solid Waste APPROVED AS TO FORM: Dionfild G. Van iver,'Mrst Assistant City Attorney