Ord. 0589 03-12-90l
ORDINANCE NO. 589
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO,
INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED
EXHIBIT "A" BY AND BETWEEN K-3 ENVIROGANICS, INC.
AND THE CITY OF PEARLAND, TEXAS FOR THE DISPOSAL OF
SLUDGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION 1. That the facsimile of contract, annexed hereto,
incorporated herein for all purposes, designated Exhibit "A", by and
between K-3 Enviroganics, Inc. and the City of Pearland, Texas, for
the purpose of the disposal of sludge is hereby authorized and
approved.
SECTION 2. The City Council finds that such contract is
reasonable and necessary and that there are sufficient city funds for
the availability of payment.
SECTION 3. The Mayor and the City Secretary of the City of
Pearland, Texas, are hereby authorized and directed to execute for and
on behalf of the City the annexed contract documents, and counterparts
thereof.
PASSED and APPROVED on first reading this day of
,-97-41-444-7
ATTEST:
4-142AZ4-
�
City S etary
, A. D., 1990.
Mayor Pro Tem
PASSED and APPROVED on second and final reading this fog.
day of /t(frie--td , A. D.,' 1990.
Mayor
ATTEST:
City Sijcretary
APPROVED AS TO FORM:
-acSaJat-
City Attorney
EXHIBIT "A"
AGREEMENT FOR SLUDGE DISPOSAL
THIS AGREEMENT for the disposal of sludge made and entered into
at Pearland, Texas, this _� day of )0242.tc.../LJ , 1990
by and between the CITY OF PEARLAND, TEXAS, a Texas municipal
corporation (the "City"), and K-3 ENVIROGANICS, INC., a Texas corpora-
tion (the "Contractor");
WITNESSETH:
WHEREAS, the City is in need of the use of a Registered Disposal
Site; and
WHEREAS, the Contractor is the operator of a Registered Disposal
Site, BLF 10335, located in Brazoria County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein recited, it is agreed by and between the parties as
follows:
1. Materials to be Disposed.
a. The Contractor agrees to accept for disposal any sludge
produced by the City. Contractor agrees to dispose of said
sludge in accordance with applicable County, State and
Federal laws. Contractor will provide roll -off containers
with a fill capacity of 24 yards. The containers will be
placed at the plants under the centrifuge and filled by the
City. When the containers are filled, the City will notify
the Contractor. The containers shall be sealed to prevent
leakage according to Texas Department of Health and Environ-
mental Protection Agency regulations. The filled containers
will be removed by the Contractor and transported to the
Contractor's registered disposal site.
b. The City will provide a beneficial land analysis every six
months to determine the chemical content and nutrient levels
of the sludge.
2. Operation of Disposal Site.
a. The Contractor agrees to comply with all Local, State and
Federal laws, ordinances and regulations applicable to its
operations, and agrees that all services rendered by it
hereunder shall be rendered in a reasonably clean, sanitary
and efficient manner.
b. The Contractor shall accept for disposal the sludge herein.
Failure to accept such sludge shall be permitted if due to
war, insurrection, riot, strike, act of God, or any other
cause or causes beyond the Contractor's control. If the
Contractor fails to accept such sludge within any
consecutive forty-five (45) day period, the City may, at its
option and after written notice to the Contractor, terminate
this Agreement.
3. Term of Agreement. The term of this Agreement
nshall
,run from the
date of its execution through and including %?� 4c2-' /1 , 1991.
4. Compensation to Contractor. The disposal charge for all sludge
shall be $265.00 per 24 cubic yard load during the twelve months
of the Agreement. The City agrees to pay any fee or surcharge
imposed upon municipalities by any Governmental agency in the
State upon the disposal of any waste material at the Contractor's
disposal site in addition to the regular disposal fee.
5. Time of Payment. A11 sludge delivered within a given month will
be invoiced by Contractor on or before the 5th day of the follow-
ing month. Payment on such invoice by the City is due on or
before the end of the month in which the invoice is received. In
the event the City of Pearland remains in default in the perfor-
mance of any obligation or payment of any indebtedness for a
period of thirty (30) days or longer, in that event, this Agree-
ment may be terminated by the Contractor at its option and
without prejudice to any other remedy to which it may be entitled
to at law, in equity or elsewhere under this Agreement by giving
written notice of termination to the City.
6. Indemnity_ The Contractor and the City shall indemnify, hold
harmless and exempt each other, and each other's respective
officers, agents and representatives from and against any and all
suits, actions, claims, damages, costs and expenses arising out
of the willful or negligent acts or omissions of the Contractor
or the City or each party's agents.
7. Records_ The Contractor
unloading at the disposal
number, cubic yards and
shall keep daily records of containers
site. This shall include date, truck
time arrived. A copy of each delivery
ticket shall be given to the City and a monthly summary will be
sent to the City along with the monthly invoice. The City may,
upon reasonable notice and during working hours, inspect the
Contractor's records as they relate to services rendered to the
City hereunder.
8. Oven Hours and Holiday_ The Contractor shall keep the disposal
site open for the receiving of sludge eight (8) hours per day,
Monday through Friday. The Contractor shall notify the City
thirty (30) days in advance of any closure dates or any changes
of normal opening hours.
9. Independent Contractor. It is understood and agreed between the
parties that the Contractor is acting as an independent
and is in no way the agent or employee of the City.
Wherever under this Agreement provision is made for
any kind, it shall be deemed sufficient if the notice
Contractor
10. Notices.
notice of
is in writing and
If to the City:
is deposited in the mail, addressed as follows:
If to the Contractor:
City Manager
City of Pearland
P. 0. Box 2068
Pearland, Texas 77588-2068
K-3 Enviroganics, Inc.
P. O. Box 691114
Houston, Texas 77269-1114
Changes in the respective addresses to which such notices shall
be directed may be made from time to time by either party.
11. Amendment. This Agreement may be amended only by a writing
signed by all the parties to this Agreement.
12. Entire Agreement. This Agreement contains the entire
understanding between the parties concerning the subject matter
of this Agreement. There are no representations, agreements,
arrangements, whether oral or written, between or among the
parties relating to the subject matter of this Agreement, which
are not fully expressed herein.
EXECUTED in multiple copies in the City of Pearland, Texas, the
date first above written.
ATTEST:
KAY KROt�, CITY SECRETARY
ATTEST:
SECRETARY
TOM REID, MAYOR
CITY OF PEARLAND, TEXAS
P
K-3 ENV ROGANICS, INC.
4