HomeMy WebLinkAboutResolution - 4610 - Contract - SPAG - Used Oil Recycling Program - 09/22/1994Resolution No. 4610
Item # 17
Council Date: 09/22/94
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 and all related documents by and
between the City of Lubbock and South Plains Association of Governments to implement the
next phase of a comprehensive used oil recycling program for the City of Lubbock, which
contract is 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 22nd daxof September 1994.
♦ 10
ATTEST:
&dL—
tetty M. J hnson, ty Secretary
APPROVED AS TO CONTENT:
�SC,1G` 1
Debra Frankhouser, Assistant Supervisor
of Solid Waste
APPROVED AS TO FORM: i s
D ald G. anIver, First
Assistant City Attorney
1GV:4\G: cc&=\SPAG.Res
September 9, 1994
Resolution No. 4610
Item #17
September 22, 1994
THIS CONTRACT, entered into as of the 22nd day of September , 1994, 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 THAT:
WHEREAS, the Planning Agency desires to engage the Contractor to move on to the next phase of a
comprehensive used oil recycling 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 1994 contract number 4100000055, project
number 55G04.
NOW THEREFORE, the Planning Agency and the Contractor do mutually agree as follows:
1. Scope of Contract: The Contractor shall implement the next phase of a comprehensive used oil
recycling program. With grant funding, the City of Lubbock will purchase an oil filter crusher to
be used to properly dispose of used oil filters generated by the general public and will also use a
portion of the budgeted amount on public education. The Planning Agency shall provide funds for
the establishment of this project as approved by the State Agency.
2. Operation: The Contractor shall provide for the continued operation and maintenance of this
project after it is established. Oil filters that are collected shall be transported to proper
remanufacturing or energy usage sites through arrangements with one or more registered
transporters.
3. Operation Procedures: The Contractor shall establish and post operating hours and/or
procedures for all aspects of this project and shall report any changes thereto to the Planning
Agency.
4. Reporting: The Contractor shall make information concerning this project available to the
Planning Agency upon request.
5. 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 $5,954.00 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 compliance with all of the terms of this contract, compensation may be
withheld until such time that the contractor makes the recommended corrections.
6. 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.
7. Ownership of Equipment: It is understood by all parties that the equipment purchased for the
establishment of this project will remain the property of the Contractor, as specified by state
regulations for the use of state funds, for its useful life.
Exception may be granted in the event the contractor desires to transfer the contract to another
governmental entity. This may be done with the consent of the Planning Agency and the
governmental entity which is to accept the assigned contract. While operation of the center may be
subcontracted, ownership of the equipment may not be subcontracted nor transferred to the private
sector.
8. Liability: The Contractor will cause operation of the activities funded under grant 55GO4 to be
under good management practices to include proper maintenance. Any spills or other pollution
dangers will be promptly and effectively removed. The Contractor will be responsible for the
operation of this project, unless the operation is subcontracted to another who will share this
liability.
9. Indemnification: The Contractor agrees to and shall indemnify and hold harmless the Planning
Agency, 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 form the
neQlieence of the Contractor under this contract.
ATTEST:
etty hnson, City cretary
APPROVED AS TO CONTENT:
Cb k AOu -M-A.
Debra Frankhouser, Assistant Supervisor
of Solid Waste
APPROVED AS TO FORM:
f
Wald G. Vandiver, First Assistant
City Attorney
dp:kity&T-SPAG.Doc
September 9, 1994
of the terms of the contract but no later than December
D. Cas#evens, Executive Director
i Plains Association of Governments