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HomeMy WebLinkAboutResolution - 2001-R0099 - Contract Of Sale Of Scrap Paper - BFI, Inc. - 03/22/2001Resolution No. 2001-R0099 March 22, 2001 Item No. 33 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 for sale of scrap paper, by and between the City of Lubbock and BFI, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd _ day of March , 2001. WINDY SIT-VOTT, MAYO ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: � 4 �� & V� 4! r. - Victor Kilman, PurchasindVafiager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:ccdocsBFI.res March 9, 2001 SCRAP PAPER CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK Resolution No. 2001-R0099 March 22, 2001 Item No. 33 This contract, (the "Contract"), effective as of the 22nd day of March, 2001, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a municipal corporation, and BFI, INC. (`BFI. INC."). WITNESSETH WHEREAS, the City desires to sell scrap paper for the purpose of recycling same; and WHEREAS, BFI. INC., has a professional staff experienced and qualified to purchase scrap paper and operate and maintain a facility for recycling same; and WHEREAS, the City desires to contract with BFI. INC. for the sale of scrap paper operation and maintenance of a facility for recycling same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and BFI. INC. hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of one (1) year from and after the Effective Date. The term may be extended for up to one (1) additional year term with the written consent of both parties. Page 1 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \\SERVER2\USER\PURCHASE\City Council Meetings\2001 Council's\03-22-01\Contract #029-01.doc ARTICLE II. COMPENSATION Pricing for each category of scrap paper, will be based on the weekly publication Official Board markets and will be allowed to fluctuate with the market. The base price paid for each delivery will be the Southwest Market High per ton on the day of delivery of the scrap paper to BFI, INC. calculated by multiplying the high base price per ton by the percentages as follows: 30% white paper 30% shredded computer paper 30% newsprint 30% corrugated cardboard ARTICLE III. PAYMENT A copy of the scrap prices page, a copy of the certified weight ticket and a copy of the purchase ticket upon which the purchase price is calculated must be furnished as identification of •payments to the City within thirty (30) days from the date of the delivery. Each payment must note that it is for the purchase of scrap paper goods from the City. ARTICLE IV. TERMINATION In the event that BFI, INC. breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, immediate termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. BFI, INC. is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. BFI, INC. has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. Page 2 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \1SERVERMSER\PURCHASE\City Council Meetings\2001 Council's\03-22-01\Contract #029-01.doc C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of BFI, INC. This Contract constitutes legal, valid, and binding obligations of BFI, INC. and is enforceable in accordance with the terms thereof. D. Contractor. BFI, INC. maintains a professional staff and employs, as needed, other qualified specialists experienced in operating and maintaining a recycling facility, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. BFI, INC. will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to operating and maintaining a recycling facility, as contemplated hereby. If any of the activities of BFI, INC., or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that BFI, INC. did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. ARTICLE VI. SCOPE OF WORK A. General. BFI, INC. shall operate and maintain a recycling facility that shall take the City's recyclable scrap paper goods as set forth in Exhibit "A" attached and incorporated herein by reference as if fully set forth here, store and prepare the recyclable materials for shipment to a vendor to purchase the recyclable materials and ship the recyclable materials to the vendor. B. Transporting Recyclables. The City shall transport the recyclable materials from the Recycling Drop-off sites and the City municipal buildings. C. Transporting Equipment. The City shall use City vehicles in transporting the recyclable materials from the City locations to the recycling facility. D. Location. BFI, INC. shall accept and store the recyclable materials in an enclosed facility located at 2200 Keuka Street Lubbock Texas 79415. E. Hours of Operation. BFI, INC. shall be prepared to receive recyclable materials Monday through Friday from 8:00 a.m. to 5:00 p.m. daily. F. Monthly Report. BFI, INC. shall submit to the City a Monthly Recycling Activity Report as set forth in Exhibit `B" attached and incorporated herein by reference as if fully set forth here, detailing the type and weight of recyclable materials that has been received, prepared Page 3 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \\SERVER2\USERTURCHASE\City Council Meetings\2001 Council's\03-22-01\Contract #029-01.doc for shipment and shipped to vendors. Copies of purchase tickets shall be attached to the Monthly Recycling Activity Report. The Monthly Recycling Activity Report is due to the City no later than the tenth business day of the following month. G. Storage. BFI, INC. shall ensure that all recyclable material that is received is properly stored. All recyclable material shall be stored in such a manner that it is protected from the effects of wind and weather. The recyclable material shall be segregated in such a manner that the recyclable material remains free from contamination that would make the materials unacceptable to a vendor. H. Shipment. BFI, INC. shall ship recyclable materials to a vendor when there is an economical quantity available for shipment and it is acceptable to the vendor. I. Backlog. BFI, INC. shall ensure that the recyclable material is prepared and tagged for shipment to a vendor and is not allowed to accumulate at the recycling facility unprepared and untagged. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS BFL INC. and City agree that BFI, INC. shall perform the duties under this Contract as an independent contractor. BFI, INC. has the sole discretion to determine the manner in which the services are to be performed. ARTICLE VIII. EMPLOYMENT OF AGENTS BFI, INC. may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of BFI, INC. under this Contract provided that BFI, INC. is in no event relieved of any obligation under this Contract. Any such agents, contractors, or third parties retained and/or employed by BFI, INC. shall be required to carry, for the protection and benefit of the City and BFL INC. and naming said third parties as additional insureds, insurance as described above in this Contract. ARTICLE IX. CONFIDENTIALITY BFI, INC. shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Page 4 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \\SERVER2\USER\PURCHASE\City Council Meetings\2001 Council's\03-22-01\Contract #029-01.doc ARTICLE X. INDEMNITY BFI. INC. shall indemnify and save harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of BFI, INC. its agents or employees, in the execution of this Contract. ARTICLE XI. COMPLIANCE WITH APPLICABLE LAWS BFI. INC. shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XII. NOTICE A. General. Whenever notice from BFI. INC. to City or City to BFI, INC. is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand. (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery). or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. are: B. BFI, INC.'s Address. BFI. INC.'s address and numbers for the purposes of notice BFI, INC. Attn: Matt Wood, General Manager 2200 Keuka Lubbock, Texas 79415 Telephone: (806) 763-8124 Facsimile: (806) 762-1757 Page 5 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \\SERVER2\USEMPURCHASE\City Council Meetings\2001 Council's\03-22-0 1 \Contract #029-01.doc C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Wayne Geilhausen P. 0. Box 2000 324 Municipal Drive Lubbock,Texas 79457 Telephone: (806) 775-2478 Facsimile: (806) 775-3013 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIII. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. BFI, INC. shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, BFI, INC.'s books and records with respect to this Contract between the BFI, INC. and City. C. Records. BFI, INC. shall maintain records that are necessary to substantiate the services provided by BFI, INC.. D. Assignability, BFI, INC. may not assign this Contract without the written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, BFI, INC., and their respective successors, legal representatives, and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR Page 6 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \\SERVER2\USER\PURCHASE\City Council Meetings\2001 Council's\03-22-0 1 \Contract #029-01.doc RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent Jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by BFI. INC. and City. I. Entire Agreement. This Contract, including Exhibits "A" and `B", contains the Entire Contract between the City and BFI. INC., and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the 22"d day of March, 2001. OF LUBB CK BFI, INC. 1-11A'kit /' ) O"t Windy Sitt9hd Mayor PrintedName- ISA �j Q bcl Title: 6eae-vA t WAwg�6r ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: 4 ' c} \ a&m \ Vance Kemler SOC illiam de Haas Solid Waste Superintendent Contract Manager Page 7 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \\SERVER2\USER\PURCHASE\City Council Meetings\2001 Council's\03-22-0 1 \Contract #029-01.doc EXHIBIT "A"� Oil, of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13"' STREET LUBBOCK, TEXAS 79401 PH: 1806)775.2167 FAX: (306)775.2164 http:; purchasing. ci.lubbock.tx.us ITB #029 -01i1 -R of Scrao Pa..erand Scrap Plastic Resolution No. 2001—R0099 INVITATION TO BID DATE: January 26, 2001 PLEASE FILL IN COMPANY NAME & ADDRESS IN THE SPACES PROVIDED: 3FI, IPIC. 2200 Keuka St. Lubbock, TX 79415 ITB #02 LR BID CLOSING DATE February 21, 2001 CLOSING TIME 3:00 P.M. PRE-BID MEETING DATE February 14, 2001 PRE-BID MEETING TIME 9:00 A.M. PROCUREMENT OFFICER Laura Ritchie C17Y OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITIES IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY, DESCRIPTION OF INVITATION TO BID SALE OF SCRAP PAPER AND SCRAP PLASTIC, LOCATED AT LUBBOCK, TEXAS, AS DESCRIBED ON THE BID FORM ATTACHED HERETO. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #1 #2 #3 #4 #5 (Please Initial) IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR PURCHASING THE PROPERTY LISTED ON THE ATTACHED BID FORM AT THE PRICES SET FORTH ON THE BID FORM, THE FOLLOWING SECTION MUST BE SIGNED BY AN INDIVIDUAL AUTHORIZED TO BIND THE BIDDER. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. Signaturew�_tt � Title ranara1 Mgr Print Name Matt Wood Date February 20, 2001 PLEASE RETURN THIS PAGE ALONG WITH THE ATTACHED BID DOCUMENTS AND ANY ADDENDA. 029-01: LR sale.doc Page 8 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \\SERVER2\USER\PURCHASE\City Council Meetings\2001 Council's\03-22-0 1 \Contract #029-01.doc - iTB #029.011LR e of Scrap Paper and Scrap Plastic CITY OF LUBBOCK, TEXAS BID FORM Sale of Scrap Paper and Scrap Plastic Lubbock, Texas ITS #029-01/LR BIDCER'S submittal to the Purchasing ',tanager of the City of Lubbock, Texas. IN COMPLIANCE WITH THIS SOLICITATION AND TO ALL CONDITIONS IMPOSED HEREIN, THE UNDERSIGNED AGREES TO PURCHASE THE FOLLCWING ITEM(S) AS A RESULT OF THIS SOLICIATION. THE FOLLOWING SECTION SHALL BE SIGNED BY AN AGENT AUTHORIZED TO BIND THE BIDDER. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. ITEI•,1 i CATEGORY DESCRIPTION PERCENTAGE BID 1. Corrugated State bid as a percentage of Southwest market high for Old Corrugated Cardboard Cardboard Containers. (OCC) 2. ' Newsprint (ONIP8) State bid as a percentage of Southwest market high for Newsprint. Q /p 3. Shredded Slate bid as a percentage of Southwest market high for Computer Paper. 1 d� Computer Paper {Jo (CPQ) 4. White Paper (SVVO) State bid as a percentage of Southwest market high for Old Sorted White Ledger Paper. � G, 5. Mixed Paper (MP) State bid as a percentage of Southwest market high 'or Mixed Paper. q 6. Magazines State bid as a percentage of Southwest market high for Old Magazines. 7. Junk State bid as a percentage of Southwest market high for Mixed Paper. Mail;Envelopes No 8, Phone Bccks State bio as a percentage of Southwest market high for Mixed Paper. �t 9. PET Plastic State tial as a percentage o: current Mill Price for HDPE (#1) Separated i t Separated (#1) 10. HDPE Plastic Slate bid as a percentage of current Mill Price for HDPE (#2) Separated Separated (#2) A)U �✓ (� j � C 11. Mixed Plastic State bid as a percentage of current Mill Price for PET (#1) and HOPE (#2) PET (#1)8 HOPE (#2) 1 t7 U,tci I Property will be sold "AS -IS, WHERE -IS' without expressed or implied warranties. The city will sell this property to the highest bidder. 029-01;LR sale.doc Page 9 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \\SERVER2\USER\PURCHASE\City Council Meetings\2001 Council's\03-22-01\Contract #029-01.doc .62161 ITB n029 1 rL of Scrap Paper and Scrap Plastic PAYMENT TERMS: The date on which payment is due in full shall be upon the date of sale, or at such time thereafter as the City may direct, after notification of bid award. The City reserves the right to withdraw any property from the sale process at any time. -HIS BID 'S SUBMITTED BY. ( F I , I N C . of the State cf T e X d s or a partnership consisting of indivicual corporation organized under the laws or ofthecityofLubboCk_ Firm: R,� T Adcress: 2200 K e u k a Lubbock City_ _._�____ state: T X Zip 79415 The fit, of Lucbock Charter states that no officer er employee of the City can benefit from any contract, job, work or service for the muniriptairy cr be interestec in the sale to the City of any supplies. equipment, material or articles purchased. Will any officer or em:,,Joyee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?_ YES_ NO By '/ %i 6 -"�, - ;L .February 20, 2001 Authorized Representative - must sign by hand ,Name and Title: M n n n n g Please Print Telephone Number R (] C, 7 p '� -2 124 FAX: 029-OVI-Ft sa!e.doc 4 Page 10 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \\SERVER2\USER\PURCHASE\City Council Meetings\2001 Council'sM-22-01\Contract #029-01.doc EXHIBIT B Monthly Activity Report — Scrap Paper Month of DELIVERED / RECEIVED: Tvpe Corrugated Cardboard (OCC) Wei,Qht Newsprint (OMP8) Shredded Computer Paper (CPO) White Ledger Paper (SWO) TAGGED FOR SHIPMENT: Ty pe Wei zh t Corrugated Cardboard (OCC) Newsprint (OMP8) Shredded Computer Paper (CPO) White Ledger Paper (SWO) SHIPPED TO VENDOR: Tvpe Corrugated Cardboard (OCC) Newsprint (OMP8) Shredded Computer Paper (CPO) White Ledger Paper (SWO) By: Title: Wei Resolution No. 2001—R0099 Page 11 of 11 City of Lubbock / BFI, INC. Scrap Paper Contract \\S ERVER2\USER\PURCHAS E\City Council Meetings\2001 Council's\03-22-01\Contract #029-01.doc