Loading...
HomeMy WebLinkAboutResolution - 6279 - Interlocal Cooperative Agreement-WTCMHMR-Litter Pick Up & Trash Emptied, SWWRC - 04/22/1999Resolution No. 6279 Item No. 28 April 22, 1999 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 cooperative agreement to have litter picked up and trash containers emptied at the Samuel W. Wahl Recreation Center, by and between the City of Lubbock and West Texas Centers for Mental Health Mental Retardation, and related documents. Said interlocal cooperative agreement 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 Aril , 1999. WINDY SI N, Y ATT ST: (b4�L Ka'e arnell City retary APPROVED AS TO CONTENT: 'Terry Ellerbrook Managing Director of Water Utilities APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney rk-Wccdocs/1999 WTCMHMR.res March 18, 1999 Resolution No. 6279 Item No. 28 April 22, 1999 INTERLOCAL COOPERATIVE AGREEMENT BY AND BETWEEN WEST TEXAS CENTERS FOR MENTAL HEALTH MENTAL RETARDATION AND THE CITY OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK This Agreement, (the "Agreement"), effective as of April 22, 1999, (the "Effective Date"), by and between the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation (hereinafter called the "City") and WEST TEXAS CENTERS FOR MENTAL HEALTH MENTAL RETARDATION an agency of the State of Texas (hereinafter called the "WTCMHMR"). WITNESSETH WHEREAS, the City desires to have litter picked up and trash containers emptied at the Samuel W. Wahl Recreation Center; and and WHEREAS, WTCMHMR is willing and able to provide this service for the City; NOW THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE A. City Responsibilities: 1. City agrees to compensate WTCMHMR Eighty-five dollars and no/100 Dollars ($85.00) for each "cycle" that is satisfactorily completed. A "cycle" is defined as a trip to the Samuel W. Wahl Recreation Center by WTCMHMR personnel where the activities specified in Section 1. B. below are accomplished to the satisfaction of the City's Representative. 2. City agrees to pay within ten (10) days of receipt of a monthly invoice from WTCMHMR. 3. The total cost of this Agreement shall not exceed Seven Thousand Fifty-five dollars and no/100 Dollars ($7,055.00). Interlocal Cooperative Agreement, City of Lubbock & WTCMHMR Page 1 4. The City's Representative is Diane Locknane. City shall notify, in writing, WTCMHMR if another City Representative is designated. B. WTCMHMR Responsibilities: WTCMHMR agrees to perform the following work to the satisfaction of the City's Representative. 1. Remove plastic bags from litter barrels (approximately twenty-one) located at the boat ramp, parking lot, fishing pier, boat dock, and Permit Office. 2. Deposit plastic bags taken from the litter barrels into trash containers (dumpsters) located at the boat ramp parking lot. 3. Replace and secure new plastic bags in each litter barrel. 4. Pick up litter from the ground around the following locations: a. primitive camping areas b. all paved and unpaved roads C. all road right-of-ways (including County Road 3519 right-of-way) d. boat ramp, boat ramp parking lot, and perimeter areas e. Permit Office parking lots and perimeter areas. f. fishing pier and boat dock area. S. Deposit the trash collected from the park grounds into the trash containers (dumpsters) located at the parking lot of the boat ramp. 6. WTCMHMR agrees to provide all supplies, materials, equipment and vehicles needed to satisfactorily accomplish the work described above. 7. A total of eight -three (83) cycles shall be performed by the WTCMHMR annually according to the following schedule: two (2) cycles per week during the months of April through the end of October and one (1) cycle per week for the months of November through the end of March. Interlocal Cooperative Agreement with WTCM1 MR Page 2 11. TERM AND TERMINATION A. Termination Date: This Agreement shall have an initial term of one (I) year beginning April 22, 1999, and ending on April 21, 2000 (the "initial Term"). Unless terminated in accordance with Section II. B., this Agreement shall automatically renew for successive terms of one (1) year each. B. Termination by Notice: A. General: Either party may terminate this Agreement, with or without cause, effective at the end of the Initial Term by giving the other party thirty (30) days written notice prior to the end of the Initial Term. Thereafter, either party may terminate this Agreement, with or without cause, by giving at least thirty- (30) days prior written notice to the other party. III. INSURANCE WTCMHMR shall procure and carry, at its sole cost and expense through the life of this Agreement insurance protection hereinafter specified, in form and substance satisfactory to the City. City must approve all policies prior to the commencement of any activities whether performed by WTCMHMR, subcontractors, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of ANII. A Certificate of Insurance specifying each and all coverage shall be submitted to City prior to the execution of this Agreement. All insurance, except Workers' Compensation, shall be prepared and executed by the insurance company or it's authorized agents and shall contain an endorsement naming the City of Lubbock an additional insured. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. Workers' Compensation shall have a waiver of subrogation in favor of the City and all other insurance policies shall contain cross liability and severability clauses. B. Required Coverage. WTCMHMR shall obtain and maintain policies of insurance throughout the Agreement term in limits specified below. Interlocal Cooperative Agreement with WTCMHMR Page 3 1. Worker's Compensation. WTCMHMR shall maintain Workers' Compensation and Employer's Liability insurance coverage as required by statute or coverage approved by the City Risk Management Coordinator. 2. Commercial General Liability. WTCMHMR shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, and independent contractors' and completed operations. The policy shall have a minimum of Three Hundred Twenty-five Thousand and no/100 Dollars ($325,000) combined single limit in the aggregate and per occurrence. 3. Commercial Automobile Liability. WTCMHMR shall maintain Commercial Automobile Liability coverage with a minimum of One Hundred Thousand and no/100 Dollars ($100,000) each person and Three Hundred Thousand and no/100 Dollars ($300,000) each occurrence for Bodily Injury and Twenty-five Thousand and no/Dollars for Property Damage each occurrence. The policy shall include any auto or in the alternative, owned autos, non -owned autos and hired autos. C. Subcontractors. WTCMHMR shall require each subcontractor with whom it contracts to provide activities as contemplated by this Agreement, to obtain proof of insurance coverage as set forth herein, and to provide to WTCMHMR, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. IV. GENERAL CONDITIONS A. Compliance: WTCMHMR agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement. B. Independent Contractor: Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee, and/or any type or form of agency, between the City and WTCMHMR other than that of independent entities contracting with each other under this Agreement solely for the purpose of effecting the provisions of this Agreement. Interlocal Cooperative Agreement with WTCMHMR Page 4 C. Amendments: The City or the WTCMHMR may amend this agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations and approved by the City Council if required by law. Such amendment shall not affect or invalidate the provisions of this Agreement, nor relieve nor release the City or the WTCMHMR from its obligations under this Agreement. D. Revenues: The City agrees hereto that all payments to this Agreement must be made from current revenues available to the City pursuant to Section 791.011 of the Government Code. E. Successors and Assigns: This Agreement may not be assigned by either party without the express written consent of the other party. All obligations and covenants made under this Agreement shall bind and inure to the benefit of any successors and assigns of the respective parties, whether or not expressly assumed by such successors or assigns. F. Entire Agreement: This Agreement constitutes the entire agreement between the parties. All prior discussions and understandings on this matter are superseded by this Agreement. G. Severability: If any provision of this Agreement is held invalid, the remainder of the Agreement shall continue in force and effect to the extent not inconsistent with such holding. H. Conflict of Interest: The City and the WTCMHMR shall ensure that its respective employees are prohibited from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. Interlocal Cooperative Agreement with WTCMHMR Page 5 I. Indemnity: WTCMHMR, to the extent permitted by law, shaU 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 WTCMHMR, its agents or employees, in the execution of this Agreement. J. Applicable Law: This Agreement shall be governed by and construed in accordance with Texas law, except as to matters governed by Federal law. EXECUTED this as of the Effective Date hereof. CITY OF LUBBOCK WEST TEXAS CENTERS FOR MENTAL HEALTH MENTAL RETARDATION By: WINDY SITTON MAYOR Name: r Q n -S C cd Title: C_0n+a JS ATTEST: "�,— Kaythi� Parnell City Se etary Interlocal Cooperative Agreement with WTCM14MR Page 6 APPROVED AS TO CONTENT Terr�Eller ook Director of Water Utilities APPROVED AS TO FORM /,4-, William de Haas Competition and Contracts Manager Interlocal Cooperative Agreement with WTCMHMR Page 7