HomeMy WebLinkAboutResolution - 2001-R0542 - Professional Services Between City Of Lubbock And Agriwaste Technology Inc. - 12/13/2001Resolution No. 2001-RO542
December 13, 2001
Item No. 53A
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 Agreement for
Professional Services between the City of Lubbock and Agri -Waste Technology, Inc.
("AWT"), and any other related documents. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 13th day of
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Terry Ellerbrook
Managing Director Water Utilities
APPROVED A T FORM:
Richard K. Casner
Natural Resources Attorney
RKC:ke Cedocs/AWTAgreement-Res
December 7, 2001
December 2001.
WINDY SIT O , MAYOR
Agreement for Professional Services with AWT Page 1 of 6
Resolution No. 2001-RO542
December 13, 2001
Item No. 53A
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services is made and entered into on the 13th
day of December, 2001, by and between Agri -Waste Technology, Inc. ("AWT'), a North
Carolina corporation, acting by and through its duly authorized officers and the City of
Lubbock, a Texas home rule municipal corporation ("City").
AWT agrees to provide to City, and City agrees to contract with and pay, AWT to
implement, and operate on a day to day basis, the water balance model (the "Model") for
the Lubbock Land Application Site ("LLAS") and the Hancock Land Application Site
("HLAS"). Such services shall include any alterations to the Model that may be
necessary or advisable, in the opinion of City and AWT, including those changes
necessitated or advisable due to changes in permit conditions, changes in piping and/or
delivery capacities, pumping capability alterations, unforeseen operational issues, and
any other factors making such alterations necessary or advisable. In connection
therewith, the City will provide to AWT upon a weekly, or "end of the event" basis, the
following information: (1) volume of effluent pumped from the Southeast Water
Reclamation Plant ("SEWRP") to Southwestern Public Service -Jones Station, the stream
discharge line, the LLAS and the HLAS; (2) volume of effluent pumped to each
individual plot at LLAS and HLAS; (3) precipitation occurring at LLAS and HLAS; (4)
effluent analysis (when and as available); (5) cropping changes at LLAS and HLAS (if
applicable); (6) reservoir levels at LLAS and HLAS; (7) soil analysis at LLAS and HLAS
(when available); and (8) other information reasonably requested by AWT.
Agreement for Professional Services with AWT Page 1 of 5
Upon initiation of services, AWT will invoice the City, on a monthly basis, in
accordance with the schedule of rates set forth in Exhibit "A" attached hereto.
This Agreement shall be effective upon signature of AWT and the City and shall
terminate on January 1, 2003. This Agreement may be extended by the City for an
additional one (1) year period, upon the same terms and conditions hereof, by providing
notice to AWT not less than fifteen (15) days, prior to January 1, 2003. This Agreement
may be terminated by either party, for any reason or no reason, upon thirty (30) days
prior written notice to the other party.
In the event either party hereto shall breach or fail to comply with any provision
hereof, such event shall be considered an event of default, and the non -defaulting party
may exercise any and all rights and remedies available to it by law, including without
limitation, the immediate termination of this Agreement.
This Agreement shall be governed and construed according to the laws of Texas.
The parties irrevocably consent to the exclusive jurisdiction and venue of the courts of
the State of Texas, County of Lubbock, for purposes of all legal proceedings arising out
of or related to this Agreement.
All notices required under this Agreement shall be in writing and sent by
registered or certified mail to:
Agri -Waste Technology, Inc.
Attn: Jeff Vaughan
5400 Etta Burke Court
Raleigh, North Carolina 27606
Agreement for Professional Services with AWT Page 2 of 5
City of Lubbock
Attn: Terry Ellerbrook, or successor
P.O. Box 2000
Lubbock, Texas 79457
All notices shall be deemed to have been delivered three (3) days after placing
said notice by registered or certified mail in a receptacle of the United States Postal
Service.
If any provision of this Agreement is determined to be unenforceable, then that
provision may be severed from the Agreement with the remaining terms of the
Agreement retaining their full force and affect.
This Agreement shall not be assigned by AWT without the prior written approval
of the City. This Agreement binds and inures to the benefit of AWT, City, and their
respective permitted successors, legal representatives, and assigns.
AGRI-WASTE TECHNOLOGY, INC.
By:
Name: r &^ 1< ire r k rki s a
Title: C /160"J
ATTEST:
. 6 .� -.e __-e -,-- 7�
Rebecca Garza, City Secretary
Agreement for Professional Services with AWT Page 3 of 5
APPROVED AS TO CONTENT:
rry Ellerbrook,
Managing Director Water Utilities
APPROVED AS TO FORM:
-/ ae,�
chard K. Canner,
Natural Resources Attorney
Agreement for Professional Services with AWT Page 4 of 5
Resolution No. 2001—RO542
Exhibit "A"
SCHEDULE OF FEES
Fees for the Year 2002
AWT will invoice City at a rate as outlined below for providing the services listed.
Person Rate
L.M. Safley, Jr.
$145. Per Hr/$1450. Per Day
$181.25 Per Hr/Legal Rate
Frank Perkinson
$ 99. Per Hr/$990. Per Day
Kevin Davidson
$ 78. Per Hr/$858. Per Day
$ 90. Per Hr/Legal Rate
Steve Crawford
$ 78. Per Hr/$858. Per Day
$ 90. Per Hr/Legal Rate
Hal Langenbach
$ 67. Per Hr/$737. Per Day
Betsy Gerwig
$ 57. Per Hr/$616. Per Day
Chris Mosley
$ 57. Per Hr/$616. Per Day
Lorie Locklear
$ 57. Per Hr/$583. Per Day
Glenn Medlin
$ 48. Per Hr/$473. Per Day
Wayne Howard
$ 53. Per 11r/$440. Per Day
Jeff Vaughan
$ 78. Per Hr/$858. Per Day
$ 90. Per Hr/Legal Rate
Enrique Cachafeiro
$ 48. Per Hr./$473. Per Day
Mark Allen
$ 25. Per Hr
Lillian O'Briant
$ 37. Per Hr
In order to ensure City's satisfaction, the following arrangements are proposed to ensure
that the amount invoiced does not exceed expectations:
-City will be invoiced on a monthly basis.
-A cost estimate is provided prior to beginning work on any projects not outlined
in this scope of services.
Other arrangements will be considered at City's recommendation.
RKC/ke/UcityatMchard/AWT.Agreement
November 30, 2001
Agreement for Professional Services with AWT Page 5 of 5