1991-035A-RES WHEREAS, the City Council of desirous of the citizens of Paris trap waste removal service; and,
RESOLUTION NO. 91-035 A
WHEREAS, the City Council of
desirous of the citizens of Paris
trap waste removal service; and,
the City of Paris is
having available a grit
WHEREAS, the A-I Sanitation Service is providing such
service utilizing a collection station on its own property
which can no longer be used without State permitting; and,
WHEREAS, a grit removal collection station can be
located upon property covered by City of Paris' Wastewater
Treatment Permit and such space is available upon the same
which will not interfere with the City's operation of its
Wastewater Treatement facilities; and,
WHEREAS, it is r igh t and appropr ia te for the City of
Paris to lease to A-I Sanitation Service a tract of land
containing 2,500 square feet utilizing the Lease Agreement in
the form of Exhibit A attached hereto; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the Mayor of the City of Paris, Eric S. Clifford,
be, and he is hereby authorized and directed to execute on
behalf of the City of Paris the Lease Agreement with A-I
Sanitation Service Company in the form shown in Exhibit A
attached hereto.
Passed and adopted this 8th day of April, 1991.
E'~O'
ATTEST:
~m-,. '~~~\I!~
Mattie Cunningham, Cit C er
APPROVED
FORM:
T. K. Hayne, City Attorney
STATE OF TEXAS ~
COUNTY OF LAMAR ~
LEASE AGREEMENT BETWEEN the City of Paris, a municipal
corporation, acting by and through its Mayor duly authorized,
hereinafter referred to as CITY, and Tom Sanders, dba A-I
SANITATION acting by and through its President duly
authorized hereinafter referred to as A-I, WITNESSETH:
This Lease Agreement governs the conditions under which
A-I intends to locate a transfer station for non-hazardous
commercial, industrial, and institutional grit trap waste on
property owned by CITY at the grounds of its Wastewater
Treatment Plant. CITY desires to provide a place for the
centralized collection of such grit trap waste which can be
operated pursuant to State Health Department regulations and
which will provide the businesses located in the City of
Paris, Paris, Texas a legally acceptable disposal site for
grit trap waste.
IN CONSIDERATION HEREOF, it is mutually agreed by and
between CITY and A-I:
1. DEFINITIONS.
Grease trap waste is the contents of a grease trap.
Grease trap is a water-tight receptacle placed between
the sanitary sewer system and the sink or floor drains in
food preparation or related commercial, industrial, or
institutional establishments. The trap is designed to
separate oils and greases as well as particulates from the
waste water stream.
Grit trap waste is the contents of a grit trap.
Grit trap is an intercepter placed between the sanitary
sewer system and the sink or floor drains of maintenance
Septage is the contents of a domestic residential septic
tank system, including its associated grease trap.
THD is the Texas Department of Health
2. TERM. The term of this Lease Agreement is two (2)
years from
, 1991 through
, 93.
3 .
CANCELLATION.
Either party to this agreement may
cancel this lease by giving written notice to the other at
least thirty (30) days prior to the date of cancellation,
4. CO~~UNICATIONS AND NOTICES. All communications and
notices concerning this lease which are directed to CITY
shall be addressed to:
Herb Campbell
Director of Utilities
P. O. Box 9037
Paris, TX 75461-9037
(903) 785-7511
All communications and notices concerning this lease
which are directed to A-I shall be addressed to:
Tom Sanders
A-I Sanitation
281 30th Street N.W.
Paris, TX 75460
(903) 784-6821
5. LOCATION OF FACILITIES. CITY shall provide a fifty
foot by fifty foot (50' x 50') site at the Wastewater
Treatment Plant at a location approved by the Director.
6, RENTAL. The rental for this site is FIFTY DOLLARS
AND NO CENTS ($50.00) per month payable at beginning of each
month, with the first payment being payable the date of
execution of this agreement.
In the event this lease is
terminated by notice in accordance with Section 3 of this
agreement, no portion of the rental may be returned to A-I.
7.
OPERATIONS.
The
facilities
placed
on
this
leasehold may only be used as a waste transfer station with
appurtenances
shall
be
maintained
in
a
clean
and
aesthetically pleasing condition.
A-I shall keep available
on the site, spare parts and backup equipment to minimize
down time in case of any breakdowns,
No was te from th is
operation may be discharged into the Wastewater Treatment
Plan nor deposited on the plant grounds.
All possible
precautions will be taken to prevent spillage of the waste
products and any spills shall be contained and removed from
the premises as promptly as possible and always within
twenty-four (24) hours.
In case of a spill, an incident
report will be filed with the Director within three (3) work
days.
This report will summarize the incident, state the
cause, corrective actions, and preventative measures.
8.
TIME OF OPERATIONS.
The transfer station will be
open for operations on Monday through Friday from 8:00
o'clock a.m. to 6:00 o'clock p.m. and Saturday from 8:00
o'clock a.m. to 1:00 o'clock p.m. The site will be closed on
the following holidays:
New Years Day
Memorial Day
July 4th
Labor Day
Thanksgiving Day
Christmas Day
Additional hour of operation may be established if
agreed to in writing by A-I and the Director. Any changes in
hours of operation must be agreed to in writing by A-I and
the Director.
9. UTILITY SERVICES. A-I bears all responsibility for
obtaining and maintaining utility services necessary for
operation of the waste transfer station.
A-I will be
responsible for paying for aoy electric power or other
necessary utilities and will make application for such
utilities in its own name to be paid out of its account.
applicable Texas Department of Health regulations. The
facility shall be staffed with a sufficient number of A-I
employees to handle all of the administrative duties, record
keeping, and daily facility and equipment maintenance
required in the operation of the waste transfer station.
A-I shall require all customers utilizing the waste
transfer facility to adhere to the Texas Department of Health
regulations governing the transportation and disposal of grit
trap wastes, including those governing transfer vehicles, and
shall require that such customers furnish trip tickets and
other documentation required by the Texas Department of
Health for the transportation and disposal of grit trap
waste.
The activities under this lease shall be conducted so as
not to interfere
Treatment Plant.
actions of any
interfering with
Plant.
11. ADMINISTRATIVE
wi th
A-I
of
the
the operation
covenants that it
of the
wi 11
Wastewater
control
the
its customers
operation of
to prevent them from
the Wastewater Treatment
DUTIES.
All
bill i ng ,
fee
collection, reporting and associated administrative duties
will be conducted by A-I.
12. REPORTS. A-I shall provide CITY a monthly report
listing all transactions, identifying the name of the hauler,
I'DH registration number, dates of disposal, volume of waste
disposed, source of was te, and charges made. On the las t
month of this lease, A-I shall arrange to meet with the
Director and give him an oral report of operations pursuant
to this agreement as well as progress toward securing a
permanent site for the waste transfer station.
good faith effort to obtain a Type V permit in accordance
with Texas Department of Health regulations for the
relocation of the waste transfer facility off of CITY owned
property.
15. INDEMNITY. I t is agreed for all purposes
hereunder, A-I is and shall be an independent contractor and
shall not, with respect to their acts or omissions be deemed
an agent or employee of CITY,
A-I agrees to indemnify, hold harmless and defend CITY,
its officers, agents and employees, from and against all
liability for any and all claims, liens, suits, demands,
and/or actions for damages, injuries to persons (including
death), property damage (including loss of use), and
expenses, including court costs and attorney's fees and other
reasonable costs occasioned by A-l's activities conducted in
connection with or incidental to the contract and arising out
of or resulting from the intentional acts or negligence of
A-I, its officers, agents or employees, including all such
causes of action based on common, constitutional, or
statutory law, or based upon the negligent or intentional
acts or negligence of A-I, its officers, agents or employees,
including all such causes of action based on common,
constitutional, or statutory law, or based upon the negligent
or intentional acts or omissions of A-I, its officers,
agents, employees, or visitors.
A-I further agrees that it shall at all times exercise
reasonable precautions for the safety of its officers,
agents, employees, customers, and visitors, as well as their
property, while involved in contract-related activities. It
is expressly understood and agreed that CITY shall not be
It is further agreed with respect to the above
indemnity, that CITY and A-I will provide the other prompt
and timely notice of any event covered which in any way,
directly or indirectly, contingently or otherwise, affects or
might affect A-lor CITY, and CITY shall have the right to
compromise and defend the same to the extent of its own
interests.
Provided, however, nothin~ in this indemnity
shall be construed as obligating A-I to indemnify CITY for
the negligence or actions of CITY, its agents, servants, or
control.
employees, or th i rd par ties over whom A-I has no l' igh t of
In order to show financial responsibility to fund this
indemnity clause, A-I certifies that it has the following
insurance.
16. INSURANCE PROVISIONS.
A. TYPE AND AMOUNT
A-I shall provide and maintain, at its own expense,
the following types and amounts of insurance, during the term
of this contract:
I)
d)
e)
TYPE
Comprehensive General (Public)
Liability - to include (but not
limited to) the following:
a)
b)
c)
Premises/operations
Independent Contractors
Personal injury liability/
contractual liability
(insuring indemnity
provision within this
contract)
AND, where the exposure
exists, coverage for:
Products/Completed operations
Explosion, Collapse and
Underground Property Damage
2)
Worker's Compensation and
Employer's Liability (where
required by State law)
AMOUNT
person
occurrence
Damage:
per occurrence
and
Statutory
$100,000 per
occurrence
The procuring of such policy of insurance shall not be
construed to be a limitation upon A-I's liability or as a
full performance on its part of the indemnification provisions
of the agreement.
A-I's obligations to the CITY are,
notwithstanding said policy of insurance, for the full and
total amount of any damage, injury or loss as provided under
the terms of the contract.
B. OTHER INSURANCE REQUIREMENTS
Prior to start of construction, A-I shall furnish
to the City Clerk certificates or copies of the policies,
plainly and clearly evidencing required insurance, and
thereafter new certificates prior to the expiration date of
any prior certificate. A-I understands that it is its sole
responsibility to provide this necessary information and that
failure to timely comply with the requirements of this
article shall be a cause of violation of the agreement.
Insurance required herein shall be issued by a company
or companies of sound and adequate financial responsibility
and authorized to do business in the State of Texas. All
policies shall be subject to examination and approval by the
City Attorney's office fur their adequacy as to form,
content, form of protection, and providing company.
Insurance required by this contract even though naming
the CITY as additional insured, shall be primary insurance
and not contributing with any other insurance available to
CITY, under any third party liability policy.
A-I further agrees that with respect to the above
required insurance, the CITY shall:
1. Be named as additional insured/or an insured,
as its interest may appear.
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non-transferable and if the operations of A-I are sold to
some third party, this lease will be null and void unless
CITY approves of the new operator in writing.
EXECUTED this the 8th day of April, 1991.
Eric S. Clifford, Mayor
ATTEST:
Mattie Cunningham, City Clerk
A-I SANITATION
Tom Sanders
APPROVED AS TO FORM:
T, K. Haynes, City Attorney