R2000-067 05-22-00 RESOLUTION NO. R2000-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER
INTO AN ADDENDUM TO THE COMMERCIAL AND RESIDENTIAL SOLID
WA STE AND REC YC£/NG CONTRA CT WITH WA S TE MANAGEMENT, INC.
FOR THE ADDITION OF A GREEN WASTE RECYCLING PROGRAM AND
THE EXTENSION OF THE CONTRACT FOR AN ADDITIONAL FIVE (5)
YEARS COMMENCING ON OCTOBER 1, 2001.
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Addendum to Commercial and Res/dent/a/So/id Waste
and Recycling Contract by and between the City of Pearland and Waste Management,
/nc., a copy of which is attached hereto as Exhibit "A" and incorporated herein for all
purposes, for the addition of a Green Waste Recycling Program and the extension of the
contract for an additional five (5) years commencing on October 1, 2001, is hereby
authorized and approved.
Section 2. The City Manager or his designee is hereby authorized to execute, and
the City Secretary to attest, the attached addendum and counterparts thereof.
PASSED, APPROVED and ADOPTED this the 22nd day of May , A.D.,
2000. ~
TOM REID
MAYOR
ATTEST:
~,~'TY SE~ETARY ~
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RESOLUTION NO. R2000-67
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
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ADDENDUM TO CITY OF PEARLAND
EXCLUSIVE COMMERCIAL AND RESIDENTIAL
SOLID WASTE AND RECYCLING CONTRACT
(Exhibit "A" to Resolution No. R2000-67)
This Agreement is entered into this ~ day of J~4/~V ,2000, by and between the CITY OF
PEARLAN D, BRAZORIA COUNTY, TEXAS (hereinafter"City") and WASTE MANAGEMENT, INC.,
a Texas corporation (hereinafter "Contractor").
WHEREAS, a Solid Waste and Recycling Contract was executed between City and Contractor for
services to begin October 1, 1996; and
WHEREAS, Section 14 of the Contract authorizes the parties to extend the initial five (5) year term
of the contract for an additional five-year term beginning October 1, 2001; and
WHEREAS, Contractor and City both desire to extend the existing contract for an additional
five (5) year term; and
WHEREAS, Contractor has proposed the implementation of a green waste program for all
residential solid waste customers; and
WHEREAS, City desires to implement a green waste program by which Contractor shall once each
week collect green waste from each residential unit within the City.
WI.'I'N ESS ET H:
NOW THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration, the receipt of which is hereby acknowledged, it is hereby agreed as follows:
1. Section II of the agreement is amended to add the following definition:
Green waste - Green waste shall include, but not be limited to, grass, leaves, tree trimmings,
branches, tree trunks, or similar plant refuse.
2. Contractor agrees, at no cost to the customer, to implement a green waste recycling
program for all residential solid waste customers. Contractor shall, once each week, collect
from each Residential Unit within the City, green waste material, provided such materials are
placed in translucent (semi-clear) bags, the weight of which shall not exceed thirty-five (35)
pounds. Branches, brush, and similar woody material must be bundled and tied in lengths
not exceeding five (5) feet and having diameters not exceeding eighteen (18) inches, the
weight of which shall not exceed fifty (50) pounds. It is understood that green waste
collection routes may be temporarily delayed during periods of peak volumes.
3. Contractor and City hereby agree that the existing contract between the parties be extended
for an additional five (5) year term beginning October 1, 2001, and expiring five (5) years
later on September 30, 2006.
4. Contractor agrees to the following terms regarding rate increases:
Contractor agrees to forego its CPI increase for the foudh year of the existing agreement
covering the period from October 1, 1999, through September 30, 2000.
Contractor may submit a CPI increase for the final year of the existing agreement
beginning on October 1, 2000, and ending on September 30, 2001.
· Contractor agrees to lower residential rates twenty cents ($0.20) beginning
October 2001, and further agrees to maintain said residential rate until September 30,
2004.
5. The effect of this Addendum is limited to the terms above and all other terms of the original
Agreement endure as previously agreed. This Agreement may only be amended, modified,
or supplemented by written agreement and signed by all parties.
7. Upon completion of Contractor's obligations pursuant to this Agreement, Contractor shall no
longer have any rights or obligations hereunder regarding the collection of solid waste and
recycling within the City of Pearland.
8. No assignment by a party hereto of any rights under or interests in this Agreement will be
binding on another party hereto without the written consent of the party sought to be bound;
and specifically but without limitation moneys that may become due and moneys that are
due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement.
9. Nothing herein is intended to supersede or waive any City or County ordinance or regulation
pertaining to such construction.
10. Whenever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement is
prohibitive or invalid under applicable law, such provision shall be ineffective to the extent
of such provision or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Agreement.
11. This Agreement shall be construed and enforced in accordance with and governed by the
laws of the State of Texas.
12. This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
13. In enforcing the performance of the provisions of this Agreement, all parties shall have the
right to the exercise of all procedures available under the law including, but not without
limiting the generality thereof, a writ of mandamus to command performance of any
provision. No waiver of any breach or default of any provision of this Agreement shall be
deemed a waiver of any subsequent waiver or default.
If any party hereto is the prevailing party in any legal proceedings against any signatory on
this Agreement brought under or with relation to this Agreement, such prevailing party shall
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additionally be entitled to recover court costs and reasonable attorney's fees from any r)on-
prevailing party to such proceedings.
14. Resolution No. R2000-67 and incorporated herein and made a part of this Agreement for all
purposes.
15. To accomplish execution of this Agreement, it may be executed in multiple counterparts.
16. CONTRACTOR HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES THE
CITY AND COUNTY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND
ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION
OF WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES,
ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL INJURIES,
INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY AND THE
CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY CONTRACTOR, ITS
AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS, AS A RESULT OF THE
IMPLEMENTATION OF THE TERMS OF THIS AGREEMENT, UNLESS CAUSED IN
WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY OR COUNTY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. CONTRACTOR
SHALL KEEP AND HOLD HARMLESS THE CITY AND COUNTY, ITS OFFICERS,
AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST,
LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED,
INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BYANYONE BY REASON
OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR
DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE
OF CONTRACTOR, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS,
ARISING IN CONNECTION WITH THIS AGREEMENT. THE PROVISIONS OF THIS
SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF
THIS AGREEMENT.
In witness whereof, the parties have hereunto set their hands and signatures on the date first above
mentioned.
WASTE MANAGEMENT, iNC. a Texas corporation
ATTEST: CITY OF PEARLAND, TEXAS
a Texas municipal corporation
BY///Youn. C~r¢~//-/ '
~ City~e'cretary ~' Glen R. Errwin
City Manager
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STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R. Erwin, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~-s~ DAY OF
/k~X,y , A.D., 20 00
,..,. MELISS~ H~RRI8 J Nota~ Public, State of Texas
~ ~ ~.~ ~n~ ~ Printed Name: ~J~
J
STATE OF TEXAS §
COUNTY OF __.~, ~. ~f ~ ~ A
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~"ll~v~' ~T'~4l~4f~ , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
.~, GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /¢~-~-'~DAY OF
~)~f'c)/~,C/Z.~ , A.D., 20~
~ ~'.. ~. YOUNG LORFING ~ ~nted Name: ~ ~ ~/~
~;~ Notary [~bJic, State of Texas ~
~~ My Commission Expires: ¢-~- ~¢~/
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