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HomeMy WebLinkAboutResolution - 4772 - Agreement - Glenn Martin Companies - 2 Coverd Metal Trash Recepticles - 03/09/1995Resolution No. 4772 March 9, 1995 Item 417 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 between the City and Glenn Martin Companies, 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: &A,- kk aL Betty Nf. Johnson, City Secretary APPROVED AS TO CONTENT: Terry Ellerb ook, Director of Water Utilities APPROVED AS TO FORM: �14� V-.4� arold Willard, Assistant City Attorney HW:da ccdocs/a-martin.res February 6, 1995 Resolution No. 4772 March 9, 1995 Item 417 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § AGREEMENT This Agreement is hereby made between the CITY OF LUBBOCK, TEXAS, a home rule municipality of Lubbock County, Texas, hereinafter called "Owner," and GLENN MARTIN COMPANIES, of Spur, Texas, hereinafter called "Company," according to the following terms, conditions and provisions, to wit: I. Company will provide and maintain for the Owner two (2) covered metal trash receptacles on City -owned property known as the Sam Wahl Recreational Facility near Lake Alan Henry and properly dispose of all trash, garbage and refuse deposited in such receptacles when requested by the Owner's Representative. As used herein, the term "Owner's Representative" shall mean the Director of Water Utilities for Owner of his designee. II. Each receptacle provided and maintained on City property by the Company shall be subject to approval by the City Engineer and shall have a minimum capacity of three (3) cubic yards. The exact location for each receptacle shall be designated by the Owner's Representative. The term of this Agreement shall be for twenty-four (24) months beginning on the 1 st day of April, 1995, and ending on the 31 st day of March, 1997. IV. In consideration for the Company providing and maintaining at the Sam Wahl Recreational Facility the receptacles hereinabove described, City agrees to pay Company the sum of THREE HUNDRED FIFTY AND NO/100 ($350.00) DOLLARS monthly during the term of this Agreement. In addition, City agrees to pay Company the sum of EIGHTY-EIGHT AND NO/100 ($88.00) DOLLARS each time Company, pursuant to a request of the Owner's Representative, collects and properly disposes of the trash, garbage and refuse deposited in both receptacles. Company agrees that it will respond to these requests within twenty-four (24) hours of notification. City agrees to pay Company for the services it performs under this Agreement within thirty (30) days of receipt of a proper invoice from Company. 0 Company shall maintain during the term of this Agreement comprehensive general liability insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) and shall provide the Owner's Representative with a certificate of insurance or other evidence of such coverage prior to placement of the receptacles on City property. VI. Company agrees to indemnify and hold the City, its officers, employees and agents harmless from any and all claims for damages or injuries proximately caused by any act or omission of Company, its officers, employees and agents in the performance of this Agreement. VII. This Agreement may not be assigned by Company, in whole or in part, without written permission of the Owner's Representative. VIII. In performing this Agreement, Company shall observe and comply with all federal, state and local laws, ordinances, rules and regulations now in force or hereafter enacted or promulgated. City shall not be responsible for the cost of any taxes, licenses or permits necessary for Company to do any work or render any services required by this Agreement. IX. Either parry may terminate this Agreement with or without cause upon sixty (60) days written notice to the non -terminating party. AGREEMENT -- GLENN MARTIN CONSTRUCTION CO. PAGE 2 Executed this 9th day of ATTEST: Betty M. ohnson, City Secretary APPROVED AS TO CONTENT: March 1995 Te6 Ellerbr , Director of Water Utilities APPROVED AS TO FORM: 464ea Y--La� Harold Willard, Assistant City Attorney GLENN MARTIN COMPANIES ATTEST: HW:da c ityatt\a-martin. doc February 8, 1995 AGREEMENT -- GLENN MARTIN CONSTRUCTION CO. PAGE 3