The URL can be used to link to this page

Home My WebLink About012703 - General - Contract - Material Control, Inc. - Westside and Eastside Sanitary Landfill, Inc.OCT 13 1982 STATE OF TEXAS § ecrrtarx Offi� yr COUNTY OF TARRANT § CITY SECRETARY/. CONTRACT No_la7o3 WHEREAS, Westside Sanitary Landfill, Inc. , operates a state approved and permitted (Permit No. 1019) sanitary landfill at 3500 Linkcrest Drive in Fort Worth, Texas, for disposal of solid waste; and whereas, Eastside Sanitary Landfill, Inc. , operates a state approved and permitted (Permit No. 1004) sanitary landfill at 5300 East First Street in Fort Worth, Texas, for the disposal of solid waste; and WHEREAS, the City of Fort Worth desires to contract with Westside Sanitary Landfill, Inc. and Eastside Sanitary Landfill, Inc., for the use of said landfills for the disposal of solid waste collected by City forces in the performance of its municipal solid waste collection service throughout the City of Fort Worth; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City of Fort Worth, a home -rule municipal corporation in Tarrant County, Texas, acting by and through Robert L. Herchert, its duly authorized City Manager, hereinafter called "City", and Westside Sanitary Landfill, Inc. and Eastside Sanitary Landfill, Inc. , acting by and through Gene Orcutt, its duly authorized Operations Manager, hereinafter called "Operator", do hereby covenant and agree as follows: 1. The term of this contract is for the period of (1) year beginning on August 1, 1982, and ending on August 1, 1983, and shall be renewable at City's option for two additional one year periods with the rates being negotiated at the end of each year for the coming year. This agreement and renewal hereof may be terminated by either party upon 30 days prior written notice to the other party; after such notice, neither party shall have any further obligation hereunder. Y Operator agrees to submit to City a monthly invoice for payment of City's disposition of solid waste in Operator's landfill. Said invoice shall include quantity tickets stating the number of cubic yards of solid waste delivered to the landfill site. Such tickets shall reflect the truck number delivering such solid waste, the number of cubic yards delivered by said truck, the type of material delivered, and the discount rate for same. City agrees to pay Operator within thirty (30) days after receipt of said invoice. Operator agrees that the rate prescribed above shall be discounted when said monthly payment is made by City within twenty (20) days from the date City received invoice for same, said discount to be twelve cents ($.12) per cubic yard for all solid waste billed the City. At City's request, Operator shall provide weight slips to City for such load of solid waste deposited by City at landfill sites. Operator shall comply with all laws, federal, state, county and local, including Article 4477-7 of the Revised Civil Statutes of Texas, the Charter and all ordinances of the City of Fort Worth, and all applicable rules, regulations and requirements of and federal, state, county or municipal authority. Operator agrees that at all times during the term of this contract, it shall keep in full force and effect Solid Waste Disposal Permit No.'s 1019 and 1004 for the operation of its municipal solid waste disposal sites location described therein, as well as all other licenses and permits necessary for such operations. 7. Operator agrees that in the operation of the described sanitary landfills, Operator is neither an officer, agent, servant nor employee of the City, but rather an independent contractor with the exclusive control over the operation and maintenance of said landfill sites and all persons performing same. Operator shall be solely responsible for the acts and omissions of its officers, -3- agents, servants and employees and the doctrine of respondeat superior shall not apply as between City and Operator. Nothing herein shall be construed as creating a partnership or joint enterprise between City and Operator. Q Neither party shall assign all or any part of its rights, privileges or duties under this contract without the prior written approval of the other party, and any attempted assignment of same without such prior written approval shall be void and constitute a breach of this agreement. 9. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this agreement, venue for said action shall lie in Tarrant County, Texas. 10. This written instrument constitutes the entire agreement by the parties hereto and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. IN WITNESS WHEREOF, the parties hereto have executed this /_� on the day of agreement -,) gA. D. 1982. ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ATTEST: 4 1A4/ Ass'stant Secretary of Wests' e Sanitary Landfill, Inc./Eastside Sanitary Landfill, Inc. CITY OF FORT WORTH By: Robert H cher City M ger APPROVED BY CITY COUNCIL Cir Secretary Date WESTSIDE SANITARY LANDFILL, INC./ EASTSIDE SANITARY LANDFILL, INC. By: Gene, Orcutt Operations Manager ML:tm -4- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Award of Contract PAGE NUMBER 7/20/82 C-6426 Material Control, Inc. 1 of 2 The Solid Waste Management Division of the Transportation and Public Works Department has for the past few years, entered into a contract with Material Control, Inc. to dispose of municipal refuse collected by City forces. While the contract allowed use of both the Eastside Landfill and the Westside Land- fill, the City has always used the Westside Landfill due to its proximity to waste generation areas serviced by City forces. The City, during these contract periods, owned and operated its own landfills in the north and east and did not require the use of the Eastside Landfill. Staff believes that a contract allowing use of both landfills is appropriate because they serve as alternative facilities in case of an emergency which would render City - owned disposal sites unuseable. The most current contract with Material Control, Inc. for this purpose expired in April, 1982. Both parties have been operating on the terms of that con- tract until now. Staff has been presented and has reviewed a one-year con- tract with Material Control, Inc. for use of their landfills generally referred to as Eastside Landfill and Westside Landfill. The terms of this contract and the terms of the agreement currently being used are: NEW CONTRACT(BOTH SITES) CURRENT AGREEMENT: WESTSIDE EASTSIDE Compacted: 1.40/cy 1.15/cy 1.05/cy Loose Compacted: 1.15/cy .90/cy .80/cy Loose Non -Compacted: NO QUOTE 1.25/cy 1.15/cy The rates charged by Material Control, Inc. and other landfills to private haulers are as follows: Compacted Loose SCA Landfill $5.50/cy $l.25/cy Vernal Crow Landfill 1.25/cy 1.00/cy Material Control, Inc. 1.30/cy 2.60/cy Material Control, Inc. informs the City that its rates to the private haulers will increase in January, 1983, but will not affect the prices in the pro- posed contract. In addition, the City will receive a discount of twelve cents ($.12) per cubic yard for all solid waste billed to the City when the monthly payment is made within twenty (20) days of the receipt of the monthly invoice. (This compares with a ten cents ($.10) discount offered in the current agreement.) The proposed contract is effective August 1, 1982 through I DATE REFERENCE SUBJECT: PAGE NUMBER Award of Contract 7/20/82 C-6426 Material Control, Inc. 2 or 2 August 1, 1983, with a City option to renew for two additional one-year periods with new rates being negotiated at the end of each year. Funds are available in Account No. 20-70-04, Index Code 237685. Recommendation It is recommended that the City Manager be authorized to enter into a contract with Material Control, Inc. under the above terms, for the rates included herein and for the services described. GG:ef SUBMITTED FOR THE ✓ CITY MANAGER'S OFFICE BY: ORIGINATING Gary L. Saa iterre DEPARTMENT HEAD: FOR ADDITIONAL INFORMATION Uly G. Ford 7802 CONTACT: DISPOSITION BY COUNCIL: I PROCESSED BY D APPROVED O OTHER (DESCRIBE) CITY SECRETARY DATE