Loading...
1997-091-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 17TH DAY OF OCTOBER 1983 . . RESOLUTION NO. 97-091 WHEREAS, the City Council of the City of Paris did heretofore, on the 17th day of October, 1983, in Resolution No. 83-066, authorize the execution of a contract with Barney Bray, III, d.b.a. B & B Equipment Company, for landfill services for a term of five (5) years, beginning October 1, 1983, and ending September 30, 1988, with a five (5) year option ending September 30, 1993; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of May, 1988, in Resolution No. 88-042, authorize the execution of an amended contract with Barney Bray, III, d.b.a. B & B Equipment Company, amending the term of the aforementioned contract so that such will expire on September 30, 1993, with two (2) additional five (5) year options ending September 30,2003; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 11 th day of June, 1988, in Resolution No. 88-068, authorize the execution of the First Amended Contract with Barney Bray, III, d.b.a. B & B Equipment Company, for the purpose of correcting an error in the aforementioned amended contract so that such would reflect the agreement of the parties; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 20th day of June, 1991, in Resolution No. 91-063, authorize the execution of the Second Amended Landfill Service Contact with Barney Bray, III, d.b.a. B & B Equipment Company, amending the term of the aforementioned First Amended Contract to provide for two (2) additional ten (10) year options ending September 30, 2013, and to provide for an amendment to the base price per yard for landfill services; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of September, 1993, in Resolution No. 93-091, exercise the first ten (10) year option on the aforementioned Second Amended Landfill Service Contract ending September 30, 2003; and, WHEREAS, it is deemed to be in the best interests of the citizens of Paris that such contract for landfill services be amended; and, WHEREAS, the form of the Third Amended Landfill Service Contract, attached hereto as Exhibit A, should, in all things, be approved, and Eric S. Clifford, Mayor of the City of Paris, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Third Amended Landfill Service Contract between the City of Paris and Barney Bray, III, d.b.a. B & B Equipment Company, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that Eric S. Clifford, Mayor of the City of Paris, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Third Amended Landfill Service Contract with Barney Bray, III, d.b.a. B & B Equipment, under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 11th day of August,)?7. /LL . . <<~~ 1. K. Haynes, City Attorney THIRD AMENDED LANDFILL SERVICE CONTRACT STATE OF TEXAS COUNTY OF LAMAR ) ) ) KNOW ALL MEN BY THESE PRESENTS: That, the City of Paris, Paris, Texas, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called "CITY," and Barney Bray, III, d.b.a. B & B Equipment Company, hereinafter called "BRAY," do hereby contract and agree to amend the contract heretofore entered into on the 20th day of June, 1991, for solid waste landfill services as follows: 1. The primary term of the contract will be ten (10) years, beginning on the 1 st day of October, 1997, and ending on the 30th day of September, 2007. City is hereby given the option for two (2) additional ten (10) year terms upon the same terms and conditions subject only to price increases justified by the increase of the Consumer Price Index for All Urban Consumers, U.S. City Average, as established by the Bureau of Labor Statistics, U.S. Department of Labor, herein after referred to as CPI, more fully discussed hereinafter in paragraph 15. In the event City exercises all options, this contract would terminate on the 30th day of September, 2027. 2. City's solid waste contained in compactor trucks will be received at BRAY's landfill and will be handled in accordance with the laws of the State of Texas, which includes the rnaintenance of the financial closure trust fund. 3. Bray will maintain his permitted landfill in accordance with the laws of the State of Texas. 4. BRAY will receive only rubbish and waste that are permitted in a Type I landfill. No toxic or dangerous chemicals will be accepted. 1 EXHIBIT A 5. BRAY agrees to receive City of Paris compactor trucks six (6) days a week from 7 a.m. to 4:30 p.m., with the exception of New Year's Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day. In the event of emergency or special need, BRAY agrees to receive delivery by CITY on Sundays and holidays at no additional cost during such emergency or special need. 6. BRAY agrees to receive at his landfill solid waste in CITY's compactor trucks for a base rate of$7.63 per cubic yard, plus 50~ per cubic yard for the state-mandated closure fund and 25~ per cubic yard for the state-mandated landfill fee, which rates remains firm through the 30th day of September, 1999, and which rates thereafter will be adjusted in accordance with Paragraph 15, and to handle the same in accordance with the laws of the State of Texas. All loads are charged as full loads unless prior approval of a partial load has been approved by Barney Bray, III, or his representative, so designated in writing,. BRAY agrees to receive at his landfill small animals from CITY in bags delivered by pick-up truck for a fee of $2.49 per head, which price remains firm through the 30th day of September, 1999. In the event CITY's deliveries to BRAY equals or exceed twenty thousand (20,000) cubic yards per month, the rate charged to CITY by BRAY shall be reduced by ten percent (10%). 7. Additional regulations by the Environmental Protection Agency, the Texas Department of Health, or other controlling agencies shall, if it appears to increase the cost of the landfill operations, authorize and mandate the amendment of this contract to include the estimated cost of such regulation implementation, which cost shall be audited and adjusted during the rnonth of July of each year or until the parties agree on a constant annual adjustment. 8. CITY may provide a transfer station for the use of CITY's citizens and BRAY will serve the same as hereinafter provided. 2 P II , 9. BRAY agrees to furnish forty-two (42) yard compactor boxes and forty (40) yard open- top boxes to be used at the CITY's receiving and compacting station, in the event that such is constructed and permitted, and to haul such loaded boxes to his landfill for $100.00 per load and to dispose of the same at a rate equal to the aforementioned base rate per compacted yard tirnes the capacity of the compactor box, with a $1.25 discount per cubic yard for non-compacted yards delivered to BRAY by way of open-top box. In the event CITY's daily load level reaches six (6) or more, then the charge per load would be decreased by five percent (5%). Notwithstanding the aforesaid, construction debris shall be charged at the same rate as compacted loads. 10. BRAY will furnish two (2) compactor boxes and four (4) open-top boxes for use at CITY's transfer Station. 11. In the event CITY places in operation a receiving station, it will be responsible for the placing of compactor boxes into the compactor and removing the same when full. CITY is addi- tionally responsible for tarping of open-top boxes when the same have been filled to the degree that the CITY desires to fill the same. Such tarping to be in accordance with the laws of the State of Texas. 12. In the event CITY constructs a receiving station and incorporates therein a compactor that compacts the boxes to the degree that they will not self-dump, CITY will pay per month the amount which will amortize the additional cost of ejection packing boxes over the rernaining life of the primary term or any extension thereof upon which there is mutual agreement. In addition to the principal amortization herein provided for, BRAY shall be entitled to interest on the unpaid amortized principal balance at the rate of Lamar County prime, established by Liberty National Bank of Paris, Paris, Texas. 3 P .1 13. CITY will, so long as it operates a residential, commercial, or industrial trash pickup, deliver under this contract all solid waste to BRA Y, SAVE AND EXCEPT any recyclable or compostable solid waste being recycled by or through CITY. 14. CITY will provide fire protection to BRAY's equipment at the landfill and on the road to the landfill and anywhere within five (5) miles of the city limits of CITY. 15. All prices contracted for will remain firm through September 30, 1999. In the event that the CPI in July of 1991 or any year thereafter during the term of this contract or any extension hereof increases above the previous July rate, then the fees herein provided for shall be increased by the same percent; however, in the event of a decrease, such fees will remain at the last established level. 16. The terms of this contract are contingent upon the City of Paris operating the residential trash pickup service, and this contract is not assignable by the CITY. If the residential trash pickup service is awarded by the CITY to others, the successful bidder will be responsible for procuring or furnishing landfill service. 17. This contract shall be effective on September 1,1997. Executed this 11 th day of August, 1997. CITY OF PARIS, PARIS, TEXAS By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk 4 P ,I APPROVED AS TO FORM: T. K. Haynes, City Attorney B & B EQUIPMENT COMPANY By: Barney Bray, III STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared ERIC S. CLIFFORD, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 11th day of August, 1997. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared BARNEY BRAY, d.b.a. B & B Equipment Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of , 1997. Notary Public, State of Texas 5 I I' .'