HomeMy WebLinkAboutResolution - 4854 - Contract - SPAG - Used Oil Collection Program Enhancement - 06_08_1995Resolution No. 4854
June 8, 1995
Item # 10
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, attached herewith, by and
between the City of Lubbock and the South Plains Association of Governments to allow SPAG
to enhance City's used oil collection program, and any associated documents, which Contract
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 8th
ATTEST:
Superintendet,
APPROVED AS TO FORM:
Donald G. Vandiver, First Assistant
City Attorney
DGV:da/ccdocs/c-spag.res
May 25, 1995
day of June , 1995.
Resolution No. 4854
.Lune 8, 1995
Item #10
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
This Contract, entered into as of the 10th day of January, 1995, by and between the South
Plains Association of Governments acting by and through its Executive Director, hereinafter
called the "Planning Agency," and the City of Lubbock, Texas, hereinafter called the
"Contractor."
WITNESSETH:
WHEREAS, the Planning Agency desires to engage the Contractor to enhance its used oil
collection program in compliance with regulations of Chapter 330 of the Texas Natural Resource
Conservation Commission, hereinafter called the "State Agency," in response to SB 1340, and
under South Plains Association of Governments FY 1995 contract number 4100000140, project
number 41 141 UO3 .
NOW THEREFORE, the Planning Agency and the Contractor do mutually agree as
follows:
Scope of Contract: The Contractor shall enhance its used oil collection center in
the City of Lubbock. The Planning Agency shall provide funds for the
enhancement of this program as approved by the State Agency.
2. Reporting: The Contractor shall complete and file the annual report and any
other reports that may be required by the Texas Natural Resource Conservation
Commission.
Compensation: It is expressly understood and agreed that in no event will the
total amount paid by the Planning Agency to the Contractor under this Contract
exceed S12,587.00 for full and complete satisfactory performance.
The Contractor understands and agrees that payment for the activities of the
contract is contingent upon approval and funding by the Texas Natural Resource
Conservation Commission and upon proper performance by the Contractor.
Therefore, if the Planning Agency ascertains that the contractor is not in com-
pliance with all of the terms and conditions of this contract, compensation may be
withheld until such time that the contractor makes the recommended corrections.
4. Method of Payment: Upon receipt of a properly prepared and executed invoice
for services or equipment rendered, the Planning Agency will reimburse the
contractor for the approved expenditures.
Ownership of Equipment: It is understood by all parties that the equipment
purchased will remain the property of the Contractor, as specified by state
regulations for the use of the state funds, for its useful life.
6. Indemnification: The Contractor and the Planning Agency each agree to and
shall indemnify and hold harmless the other and its directors and employees from
and against any and all claims, losses, damages, including consequential damages,
causes of action, suits and liability of every kind, including all expenses of
litigation, court costs and attorney's fees, for bodily injury, sickness, disease or
death of any person, or from damages to any property to the extent arising out of
or resulting from its own negligence.
IN WITNESS WHEREOF the Planning Agency and the Contractor have executed this
agreement to become effective as of January 10, 1995, the date the application was formally
approved by the State. This contract shall end upon successful completion of the terms of the
contract but no later than July 31, 1995,
SOUTH P INS ASSO TION � CIT TBOCK., ASOF GO MENTS ;
BY: �
JE Y D. C SSTEVENS, AVID R. LANG TON, MA R
E CUTIVE DIRECTOR
SO, TH PLAINS ASSOCIATION
OF GOVERNMENTS
ATTEST:
A �VL
etty A j*so Ci*— "Secretary
APPROVED TO CONT NT:
1
(Alld
Steven D. Johnson, olid aste S perintendent
APPROVED AS -TO FORM:
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Donald G. Vandiver, First Assistant City Attorney
DGV:da
cityattic-spag.doc
May 25, 1995
Contract -- South Plains Association of Governments
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