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HomeMy WebLinkAbout1994.05.17_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: May 17, 1994 TIME: 7:00 p. m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, May 13, 1994. Marcia outwell, Recording Secretary AGENDA ' 1. Call to Order 1l~JOCa+~ on - Rq.r-a~ 2. Flag Salute L-~ 3. Roll Call 4. Request Approval of the Minutes of May 3, 1994 Regular Meeting Attachment #4 5. Request Approval of Claims Attachment #5 Owasso Public Works Authority May 17, 1994 Page 2 6. Request from Mr Todd Carmine to Address the Trustees Regarding Damage to his Residence as a Result of a Wastewater Collection Line "Back-Up". Mr Carmine Attachment #6 7. Consideration and Appropriate Action Relating to the Extension of a Contract for Services Between the Owasso Public Works Authority and Browning-Ferris Industries (BFI). Mr Carr Attachment #7 Staff will recommend Trustee approval of a one-year extension of the Commercial Refuse Collection Contract with BFI, such extension to include no cost increases to any portion of the contract. 8. Consideration and Appropriate Action Relating to a Request for Budget Amendments to the OPWA Fund in the Form of a Supplemental Appropriation to the OPWA Water Department Budget. Ms Bishop Attachment #8 Staff will recommend Trustee approval of a supplemental appropriation to the OPWA water department budget in the amount of $70,000. Owasso Public Works Authority May 17, 1994 Page 3 9. Report from OPWA Manager 10. Report from OPWA Attorney 11. Unfinished Business 12. New Business 13. Adjournment OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, May 3, 1994 The Owasso Public Works Authority met in regular session on Tuesday, May 3, 1994 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p. m. on Friday, Apri129, 1994. ITEM 1: CALL TO ORDER Trustee Duke called the meeting to order at 7:15 p. m. ITEM 2: ROLL CALL PRESENT ABSENT Jerry Duke, Trustee Charles Bums, Trustee Mary Lou Barnhouse, Trustee Joe Ramey, Trustee Danny Ewing, Trustee STAFF Rodney J Ray, City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Recording Secretary A quorum was declared present. ITEM 3: ELECTION OF CHAIRPERSON Charles Bums nominated Jerry Duke as Chairperson. Motion was- seconded by Danny Ewing. AYE: Burns, Ewing, Barnhouse, Ramey, Duke NAY: None Motion carried 5-0. Owasso Public Works Authority May 3, 1994 ITEM 4: ELECTION OF VICE-CHAIRPERSON Joe Ramey nominated Charles Burris as Vice-Chairperson. Motion was seconded by Jerry Duke. AYE: Ramey, Duke, Barnhouse, Ewing, Burris Motion carried 5-0. ITEM 5: REQUEST APPROVAL OF THE MINUTES OF APRIL 19. 1994 REGULAR MEETING. Chairman Duke moved to approve the minutes as written, by reference hereto; seconded by Charles Burns. AYE: Duke, Burris, Barnhouse, Ramey, Ewing NAY: None Motion carried 5-0. ITEM 6: REOUEST APPROVAL OF_THE CLAIMS Chairman Duke moved, seconded by Joe Ramey, to approve the following claims as submitted: (1) $33,322.66; (2) OPWA Capital Improvement Fund $26,784.05; (3) Interfund Transfers $31,884.16; and (4) Payroll $22,369.23. AYE: Duke, Ramey, Barnhouse, Ewing, Bums NAY: None Motion carried 5-0. ITEM 7: REPORT FROM OPWA MANAGER No report. ITEM 8: REPORT FROM OPWA ATTORNEY No report. 2 Owasso Public Works Authority ITEM 9: UNFINISHED BUSINESS None . ITEM 10: NEW BUSINESS None ITEM 111: ADJOURNMENT Chairman Duke moved, seconded by Joe Ramey to adjourn. AYE: Duke, Ramey, Barnhouse, Ewing, Burris NAY: None Motion carried 5-0 and the meeting was adjourned at 7:20 p.m. May 3, 1994 Jerry Duke, Chairperson Marcia Boutwell, Recording Secretary 3 CITY OF OWASSO OWASSD PUBLIC WORKS AUTHORITY 5/12/94 16:56:58 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESr.RIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- OPWA ADMINISTRATION ------------------------------ 940116 RONALD D GATES RETAINER 940119 WESTERN BUSINESS PRODUCTS COPIER MAINT 940124 MCCAW COMMUNICATIONS PAGER RENTAL 941099 CELLULAR OHE-TULSA USAGE 942267 VANAMAN HEAT & AIR A/G COHPRESSOR 942274 ALL COPY SUPPLIES TONER 942299 RANDY COOK CLAIM 942368 TREASURER PETTY GASH REIMB PETTY CASH 942390 ALCORN'S PLUMBING INSTALL CHECK VALVES DEPARTMENT TOTAL =___: WATER ------------------------------ 940124 MCCAW COMMUNICATID1iS 941936 CINTAS CORP. 942131 KIMBALL ACE HARDWARE 942182 WATER PRODUCTS INC 942210 OSCAR MCLAURIti 942212 ROGERS COUNTY RURAL 942218 WATER PRODUCTS INC 942251 DAVID DREW 942256 SHARON SPARKMAH 942257 TYRONE DIHKINS 942258 OSCAR MCLAUP.IN 942264 WATER PRODUCTS INC 942289 WATER PRODUCTS INC 942320 USUABLE STEEL YARD 942368 TREASURER PETTY CASH DEPARTMENT TOTAT.. ____? WASTEWATER ------------------------------ PAGER RENTAL UNIFORM RENT/CLEAN SUPPLIES SUPPLIES METER READER WATER PURCHASE WATER METERS METER READER METER READER METER READER METER READER METERS METERS SUPPLIES REIMB PETTY CASH 940124 MGCAW COMMUNICATIONS PAGER RENTAL 941936 CItiTAS CORP. UNIFORM RENT/CLEAN 942131 KIMBALL AGE HARDWARE SUPPLIES 942254 APAC-OKLAHOMA, INC. ASPHALT 942318 LIBERTY LIGHTING & DESIGN RRPAIR 942330 WESCO PARTS 942358 SMITH & LOVELESS PARTS 942368 TREASURER PETTY CASH REIMB PETTY CASH 7no.oo 72.74 42.17 24.70 700.00 49.00 108.00 12.02 390.12 2,098.7 22.45 96.20 48.30 998.17 358.65 745.13 750.00 169.50 234.00 242.55 160.35 750,00 750.00 55.19 5.93 5,386.42 44.90 244.00 311.3$ 231.72 85.00 24.92 108.55 11..75 9 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHDRITY 5/12/94 16:56:58 A/P CLAIMS REPORT AFAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- 942394 TAYLOE PAPER CO SUPPLIES 44.64 DEPARTMENT TOTAL =___? 1,106.86 REFUSE COLLECTIONS ------------------------------ 942132 WASTE MANAGEMENT OF OKLA TIP FEES 4,400.60 942213 8FI 4/94 COMM REFUSE 11.,686.94 DEPARTMENT TOTAL =___? 16,087.54 RECYCLE CE?iTER ------------------------------ 942132 WASTE MANAGEMENT OF OKLA TIP FEES 529,76 942213 BFI 4!94 COMM REFUSE 3,346.00 942217 VERDIGRIS VALLEY SOD FARM SOD 570,04 942253 SUBURBAN OFFICE StTPPLY SUPPLIES 136.80 DEPARTMENT TOTAL =___) 4,582.56 In FUND TOTAL =___> 29,262.13 CITY OF OWASSO OPWA GAPITAt~ IMPROVEMENT FUND 5/12/94 16:5b:58 A/P CLAIMS REPORT APAPVR PAGE: PO # VEHDdR DESCRIPTION AMOUNT WASTEWATER 942133 FHC INC. SERVICES 2,541.00 DEPARTMENT TDTAL =___? 2,541.00 FUND TOTAL =___) 2,541.00 11 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 04/30/94 DEPARTMENT AMOUNT Refuse 3,749.01 APPROVED: 05/17/94 Chairman Trustee Trustee MEMORANnUM TO: CHAIItPERSON AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO ADDRESS TRUSTEES RELATING TO CLAIM AGAINST CITY DATE: May 13, 1994 BACKGROUND: Mr Todd Carmean, a resident of Owasso (11326 N 106th E AVE, Hale Acres), has requested to address the Trustees relating to a sewage "backup" that occurred on April 11, 1994. Mr Carmean filed a claimed against the city as a result of that backup claiming damage in the amount of approximately $600. That claim was forwarded to our insurance company for action. Additional information relating to the claim was presented to the city after a meeting between the staff and Mr Carmean. That information was, in turn, sent to the insurance company. On May 9, 1994, the city's insurance carrier notified Mr Carmean and two other residents from his neighborhood who had filed si-nilar claims, that a recommendation for denial of the claim had been transmitted to the city. Oklahoma courts have consistently ruled that a city is not required to guarantee and insure its sanitary sewer system. Generally, the law has not held the city automatically liable for damages to property as the result of a sewage backup. However, a city ~ be liable if it had prior notice of a defect or problem in the sewer line and did not take action to remedy the problem within a reasonable time. The reasoning in support of these rulings is that, without prior notice, it is not reasonable to expect that a city can know of and solve every problem in an extensive sewer system. Immediately preceding the backup in Mr Carmean's house, a rainfall of six (6) inches during a forty-eighty hour period had been recorded. City staff members canvassed the neighborhood and found twelve service lines uncapped (at the "clean outs) that allow additional inflow into the system. At Mr Carmean's request, I visited his house on the day of the backup. My observation was that a slight backup did occur in Mr Carmean's bathroom that affected approximately six square feet of carpet. After that visit and one to the residence immediately north of his, I authorized Carmean Claim May 13, 1994 Page 2 the installation of "check valves" on his and two other service lines. The installation of those check valves was taken to prevent another back up and as a risk management measure since we had been placed on notice of a problem in the sewer line that services those residents. Under the Governmental Tort Claims Act, unless affirmative action is taken by the City Council, a claim is deemed to the denied ninety days after being received by the city. However, if a claimant so desires, he may file a lawsuit against the city if he does so within 180 days from the date of denial of the claim. RECOMMENDATION: Since Mr Carmean requested only to address the Trustees regarding the claim, there is no request for action on this agenda. While the situation is unfortunate and regrettable, it appears that the best course of action would be for Mr Carmean to make a decision regarding how he wishes to pursue the matter. It should be noted that a Council action to pay the claim after denial by the insurance company could set a very expensive precedent. That possibility can be avoided if the Council allows the claim to be denied by allowing the ninety-day period to expire, thus giving Mr Carmean approximately eight months (from this date) to file a lawsuit (should he desire to do so). If you have questions, please call Ms Regena Rogers, Mr Cates or me. ATTACHMENTS: 1. Correspondence from Sedgwick James 2. Original claim filed by Mr Carmean Sedgwick James 8edgwick JamN of Oklelwma, Inc. 9726 Easi 42nd Street, Suite 151, Tulsa, Oklahoma 74148.3673 Telephone 916663-$340, Facsimile 918 663-7093 May 9, 1994 Mr. Todd Carmean 11326 N. l06 E. Avenue Owa+~$o, OK 74055 RE: Claim Na.: 94000286 Date of Loee: 4-~.1-94 Member: City of Owasso dear Mr. Carmean: We have completed our investigation of the referenced claim. Barad upon the following facts, we~have recommended to the City of Owasso that the claim be denied. Oklahoma law has cons~.gtently held that a municipality is net an insurer of its sanitary sewer system- This means that a municipality is not autamaticaily liable for damages to property which result Pram a sewage backup. A municipality may be liable only if it had prior notice of a defect or problem in the sewer line and failed to take appropriate remedial action within a reasonable time before the damage occurred. Our invaBtigation indicates that the source of the problem was surface water infiltration due to ~ inches of rain in 48 hours. After your loss, the city discovered i~ service lines left uncapped whicri would allow additional surface water to enter the mower mains. Those lines have since been capped. However, the City is not responsible for aarvics lines nor are they able to control surface water which covers the manholes and enters the sewer system. Therefore, we nave determined that the City of Owasso was not negligent in its maintenance of the sanitary sewer line. Accordingly, while we regret the damage to your property and the inoanvenienoe and disaWrauthorizeseus1to paycfornyour dames aeon believe that state 1 behalf of the City of Owasso. sincerely, SedgvnckJames Sedgwldc James o} Okl~hom~t„ Inc. 9726 East 42nd Street, Suite 151, Tulsa, Oklahoma 7414$-3673 Telephone 919663-8340, Facsimile 918663-7093 May 9, 1994 Ms. Rec City of Orae-oso P.O. Hox 180 Owasso, CK 74055 David Vita, Rudy G1ook $rid Todd Carm~1 No: 54800286 of Loos: 4-11-94 Mssnber: Catx of Owasso Doer Ms. Rcge have Caapleted our it7vegtigatian o~ the r~af~ernec~ claim. eased tspaa~ the follex~rit~g facts ft is o~ xeoodextdatiar- that tha c].aita be denied beaeed upa~ no liability. fee attached l~ttars to claimant. Under the 1 Tote Claims Act, 51 Qic].a. Sea. 157 (A) , these c]sims will be deemed denied nir~ty (90) days after they amore reeeiv~ed by ttye City of Owasso ar d1 711-34. 51 Okla. Stet. SBG. 157 (S~ ~ any ],.a~asuil~ tu'b' the Act to ba c+cmme~ed within one rued eighty (180) days after de~niax of the claim. Go b8git't the 18d-day r5tatute of limitations p~iar' to 7-11-94 wie t You doa3te't this C].aiSm fair c7~fal at the next meeting of Y 9 P1BasQ advise ua ae soon as passible of atYy official action taken kyy the Ellier GPIW~ AIC Clai~mis servioeg NOTICE OF TORT CLAIM OKLAHOMA MUNICIPAL ASSURANCE GROUP MUNICIPAL LIABILITY PROTECTION PLAN CLAIMANT REPORT To the CITY/TOWN of CLAIMANT(S) mac n AMOUNT OF CLAIM CLAIMANT SOCIAL SECURITY N0. CLAIMANT DATE OF BIRTH .'HONE NUMBER: NOME (981 2. ic~ 1. HOW DID THE INCIDENT OCCUR? 5. LIST ALL PERSONS AND/OR PROPERTY FOR WHICH YOU ARE CLAIMING DAMAGES: b. o d. g 6. HAVE YOU ATTACHED ESTIMATES, BILLS OR OTHER INFORMATION TO SUPPORT THE AMOUNT OF YOUR CLAIM) YES NO. DATE OF INCIDENT Y~/~9 ~/ (Continue on another sheet if needed for any information requested) PLACE OF INCIDENT ,Q/~bcJP. CAUSE OF INCIDENT DATE 4/93 THIS SIDE IS FOR USE BY CITY/TOWN AND OMAG OFFICIALS B. CITY/TOWN REPORT This Notices 0(1 Tort Claim (Title) For furthe i formati on~thi im contact _ ( ~ by The following reports, statements or other documentation, which support our understanding of the facts relating to this claim, are attached: ~r . Persons who have knowledge of the circumstances surrounding this claim are: Name Title/Position Telephone Other information of which you should be aware in regard to this claim: (Continue on another sh t if necessary) AFTER YOU HAVE RECEIVED THIS CLAIM, Sedgwick PLEASE PROVIDETHEINFORMATIONREQUESTED OMAG Claims Dept. ABOVE AND IMMEDIATELY SEND T0: P. 0. Box 18669 Oklahoma City, OK 73154 MEMORANDUM TO: CHAIItMAN AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: F. ROBERT CARR PUBLIC WORKS DIRECTOR SUBJECT: EXTENSION OF COMMERCIAL REFUSE COLLECTION CONTRACT DATE: May 12, 1994 BACKGROUND: The Trustees of the Owasso Public Works Authority approved a contract with Browning-Ferris Industries (BFI) in July 1993 for providing commercial refuse collection and disposal for customers requiring commercial refuse containers. Under the terms of the contract, the contract began on July 1, 1993 and is to expire at midnight on June 30, 1994. It is also stated that "The contract may be extended for successive one (1) year terms if agreed to by both parties in writing, not less than ninety (90) days prior to the expiration of the initial one (1) year term or any successive one (1) year term." Based on this provision of the contract, we requested BFI to provide the City with a letter detailing the rates that would be effective with an extension of the contract. A letter dated March 28, 1994 is attached which indicates that BFI would not pass on any kind of rate increase to the City of Owasso for the contract period of July 1, 994 through June 30, 1995. RECOMI~~NDATION: Since there is no rate increase proposed for commercial refuse collection for the July 1, 1994 through June 30, 1995 contract period, staff recommends that the contract with Browning-Ferris Industries be extended. ATTACHMENTS: 1. Letter dated March 28, 1994 from BFI Waste Systems 2. Commercial Refuse Collection Contract (dated July 29, 1993) WASTE Recycled paper ' Systems.M ~ BROWNING-FERRIS INDUSTRIES Oklahoma Landfill District 1 March 28, 1994 Mr. F. Robert Carr Jr. The City of Owasso Director of Public Works Dept. P.O. Box 180 Owasso, OK 74055 Dear Robert: This letter will serve as notice of BFI's intention of not passing on any kind of rate increase to the City of Owasso for the contract period July 1, 1994 thru June 30, 1995. BFI does enjoy servicing The City of Owasso. If you have any questions or concerns, please feel free to contact me. Sincerely, Don Fletcher District Manager MAR 2 9 1g94 10830 EAST 45TH STREET (74146) • SUITE 201A • P.O. BOX 472087 • TULSA, OKLAHOMA 74147 /01R\ RRA Donn . CA V~ ini o~ ccn ono THIS AGREEMENT by and between the Owasso Public Works Authority, Owasso, Oklahoma, first party, hereinafter called "Authority" and Browning-Ferris Industries, second party, hereinafter called the "Supplier". WITNESSETH: That for and in consideration of the terms, covenants, and conditions hereinafter set forth said parties have agreed and hereby agree as follows: 1. SUPPLYING OF SERVICE: The Supplier shall provide commercial refuse collection and disposal for all customers within the area of jurisdiction of the Authority who require commercial refuse containers (dumpsters, roll-off units, or compactor containers), within the terms prescribed by this contract. Service shall be at the discretion of individual customers within the days Supplier services said area. 2. PLACE OF SERVICE: Service shall be made available to all areas within the corporate limits of the City of Owasso, Oklahoma. 3. DISPOSAL OF REFUSE: The Supplier shall dispose of refuse at a Type I landfill facility, located at the S/2 of the EJ2 of the NW/4 of Section 32, T19N, R15E, Indian Meridian in Wagoner County, Oklahoma, also known as the BFUBroken Arrow Landfill, which is an approved and permitted disposal site (landfill, incinerator, etc.) which maintains all necessary licenses and permits from all federal, state, and local government agencies that have jurisdiction over the operation of a disposal site. The Supplier agrees not to change disposal sites without prior approval of the Authority, such approval to be in written form and the result of an action by the Trustees taken either in special, emergency or regular meeting. This contract shall begin on the 1st day of July, 1993, and unless sooner terminated as herein provided, shall expire at midnight on June 30, 1994. This contract may be extended for successive one (1) year terms if agreed to by both parties in writing, not less than ninety (90) days prior to the expiration of the initial one (1) year term or of any successive one (1) year term. 5. PAYMENT FOR SERVICES: On or before the 25th day of each month beginning July 1, 1993, Authority shall pay Supplier for all services delivered during preceding calendar month at the rates outlined on Exhibit "A" . Nothing herein contained shall be deemed or construed to entitle Supplier to any other price that may now or hereinafter be fixed by Authority or City by Ordinance, or otherwise, for service to be furnished to Authority customers now or hereafter served, whether within or without the corporate limits. It is understood and agreed that the service rates will be applicable under the terms of this Agreement and will remain unchanged throughout the term of the contract. 6. MODIFICATION OF RATES: The service rates charged by the Supplier may be adjusted once per year at the anniversary date of the original contract. These rates shall be agreed upon between the Supplier and the Authority at least ninety (90) days prior to the anniversary date of the contract. 7. INDEMNIFICATION: The Supplier shall protect, indemnify, hold harmless, and defend Authority from and against any and all liability to, or claims of, third parties, including costs of defense and reasonable attorney's fees resulting from Supplier's negligence or wilful misconduct. 8. INSURANCE: The Supplier shall maintain in full force and effect, at its own cost and expense, during the term of the Agreement, Comprehensive Liability Insurance in the amount of $5,000,000 combined single limit for bodily injury and property damage. Said insurance shall designate the City of Owasso and Owasso Public Works Authority as an additional insured. Such insurance shall be noncancellable except upon sixty (60) days prior written notice to the City of Owasso and Owasso Public Works Authority. The Supplier shall provide indemnification to protect the City of Owasso and Owasso Public Works Authority from claims arising under the Comprehensive Environmental Response, Compensations and Liability Act, 49 U.S.C. Section 9601, et. seq., or any amendments thereto, relating to the disposal of refuse, as per Exhibit "B" attached hereto. The Supplier shall provide and maintain, during the period of this Agreement, Workers Compensation Insurance which shall meet the requirements of the State of Oklahoma. 2 9. DEFAULT: Except as otherwise provided herein, if either party breaches this Agreement or defaults in the performance of any of the covenants or conditions contained herein for thirty (30) days after the other party has given the party breaching or defaulting written notice of such breach or default and the party breaching or defaulting has given notice of its intent to cure or shall have commenced to cure such breach or default within said period and pursues diligently to the completion thereof, the other party may: (i) terminate this Agreement as of any date which the said other party may select provided said date is at least thirty (30) days after the elapse of the thirty (30) days in which to cure or commence curing; and (ii) have recourse to any other right or remedy to which it may be entitled by law, including, but not limited to, the right of all damage or loss suffered as a result of such breach or default. In the event either party waives default by the other party, such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent breach or default. 10. ENFORCEMENT: In the event that there is a dispute between the parties, and either party brings an action to interpret this Agreement or to enforce any right which such party may have hereunder, or in the event an appeal is taken from any judgement or decree of a trial court, the party ultimately prevailing in such action will be entitled to receive from the other party its costs and reasonable attorney's fees to be determined by the court in which such action is brought. 11. LAW TO GOVERN: This Agreement will be governed by the laws of the State of Oklahoma, both as to interpretation and performance. 12. SEVERABILITY: If any provision of this Agreement is declared illegal, void or unenforceable, the remaining provisions will not be affected but will remain in full force and effect. 13. RESTRICTIONS ON SALE: Without the Authority's prior written consent, Supplier shall not provide any other types of refuse service within the City. 14. RECORDS OF SERVICES: Supplier shall be required to maintain records indicating customers served hereunder and the service provided. Such records shall be open to periodic inspection by officers of the City during reasonable hours at Suppliers place of business. 3 15. NON ASSIGNABILITY: Neither this contract in its entirety nor any of the rights herein granted shall be assignable or subcontracted by Supplier without the express written consent of Authority. Such consent not to be unreasonably withheld. 16. TERMINATION PRIOR TO EXPIRATION: Authority may, at its option, terminate this contract in the event: (1) Breach by Supplier of any of the terms, covenants and conditions herein required to be performed by ~S,.c , ei ~. A (2) Authority expressly states that this contract may be abrogated at any time the Authority shall declare by resolution that the services being furnished herein are not longer required by the Authority for its own use and the use of its customers. 17. RIGHTS OR PRIVII,EGES (FRANCHISE): Supplier acknowledges and understands that the provisions hereof shall in no way be construed to constitute the granting of any exclusive franchise rights or privileges unto Supplier by Authority, or its beneficiary, and further, that the Authority is under no obligation unto Supplier to defend, in Supplier's behalf, any rights created hereby. IN VYITNESS VVHERF,oF, said parties have executed this contract at Owasso, Oklahoma this .~~ day of ~~~ .1993. OWASSO PUBLIC WORKS AUTHORITY a Public Trust Supplier 1 Bob Randolph, Chairper on ATTEST: A n / Sherry Bis ^ ,Secretary .Secretary AS TO FORM: D Cates, Trust Attorney 4 EXHIBIT "A" CONIlVIERCIAL REFUSE RATES TO THE CITY OF OWASSO CONTAINER SIZE NUMBER OF PICK-UPS AMOUNT PER MONTH 2 yard 1 per week $27 2 yard 2 per week $48 2 yard 3 per week $69 3 yard 1 per week $31 3 yard 2 per week $55 3 yard 3 per week $80 , 4 yard 1 per week $35 4 yard 2 per week $63 4 yard 3 per week $91 6 yard 1 per week $45 6 yard 2 per week $79 6 yard 3 per week $113 8 yard 1 per week $53 8 yard 2 per week $93 8 yard 3 per week $133 ERHIBIT "B" SUPERFUND INDEMNIFICATION This .indemnification is being provided to Customer in consideration of Customer's concurreNtly entering into a Service Agreement with BFI dated .~./,. Q_9 , 1993. BFI agrees to indemnify, defend and hold harmless Customer from all liability (including reasonable attorney's fees) for removal or remedial actions under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (also known as "Superfund") and comparable state law, incurred as the result of the disposal under the Service Agreement after the date hereof of Customer's Waste Materials at the Facility (defined below). It is understood and agreed that this indemnity shall be null and void in the event Customer delivers any Excluded Waste. The Waste Material to be collected and disposed by the Supplier pursuant to this Agreement is all solid waste. Waste Material specifically excludes any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations ("Excluded Waste"). For purposes of this indemnification, "Facility" shall mean BFUBroken Arrow Landfill, located at the S/2 of the E/2 of the NW/4 of Section 32, T19N, R15E, Indian Meridian in Wagoner County, Oklahoma, which is legally operated by BFI or an affiliate of BFI. All capitalized terms herein shall have the meanings ascribed to them in the Service Agreement. All other terms and conditions of the Service Agreement shall remain in full force and effect. RFT By: Titlf Datf ACKNOWLEDGED AND ACCEPTED BY THE OWASSO PUBLIC WORKS AUTHORITY By: Bob Randolp Title: Chairperson Date: CERTIFICATE OF ASSISTANT SECRETARY The undersigned, Assistant Secretary of Browning-Ferris, Inc., a Delaware corporation (the "Company"), hereby certifies that the following is a true and correct copy of a resolution which was duly adopted by written consent of the sole Director of the Company on August 4, 1993, that such resolution has not been rescinded, amended or modified in any respect, and is in full force and effect on the date hereof: RESOLVED, that the execution by Barry McCord, as an Authorized Agent of the Company, of that certain Commercial Refuse Collection Contract, dated July 29, 1993, by and between the Company and Owasso Public Works Authority, is hereby in all respects approved and ratified. WITNESS MY HAND, this 4th day of August, 1993. Eile B. Schuler, Assistant Secretary SB/csg/1-82a OKLAHOMA STATE OEPAR-TMENT OF HEALTH ! WASTE MANAGEMENT SERVICE tOt}Q NORTHEAST TENTH STREET ~ ENVtr~ONMENTAL HEAL*H SERVICES POST OFFICE BOX 53551 01(LAHOMA CITY, OKLAHOMA 73152 CITY OF BROKEN ARROW PERF~IiT NUMBER: 3573016 EFFECTIVE DATE: March 12, 1986 EXPIRATION DATE: March I2, 1989 having complied with the requirement` of •;~e taw is hereby granted permission to construct, 'operate, and maintain a Type I-B landfi:CI facility, Iocated at the S/2 of the E/Z of the NW/4 of Section 32, T39N,~R15E, I.~dian Meridian ih Wagoner Cosnty, Oklahoma. This site shall be subject to the following provisions: , See Attachment A PERMIT TYPE LANDFILi. FACILITY ste Management Services eputy Commissioner for mmenta! Health Services Commissioner of Health OOH Form No. 052 Rev~sca 2-03 ATTCHAMENT 'C' •• SOLID WASTE PERMIT AMENDMENT The Oklahoma State Department of Health hereby approves the followinc amendment (s) to: .Permit No . - 35-73-016 Permittee: Originally City of Broken Arrow Facility: Broken Arrow Type I-B Sanitary Landfill Location: In the S/2 or the E/2 of~the NW/4 of Section 32, Township 19 North, Range 15 East of~the Indian Meridian, Wagoner County, Oklahoma, more-particularly described in Attachment "A== A.Y~NDMENT #1: Transfer of Permit TNo. 35-73-016 and acceptance of closure plan and financial assurances. • (a) Transferee: City of Broken Arrow Transferee: Browning-Ferris Industries ' 10830 East 45th Tulsa, Oklahoma 74f45 ib) Update o~ clcsur2 plan and financial assurance. Upon application for :avdification yr amendment of this Permit, the Department .may require the •su~mission of an updated closure and/or;post-closure plan and, if an increase ~n.cost is found to exist, the submission of increased financial assurances upon the issuance of such modification or amendment. (c} Financial assurance monitoring. 7're Permittee has the duty to monitor the financial condition of the financial: institution issuing Letter of Credit No. LC968-000268 and notifying the Department in writing not more than seven •(7) days after the Permittee knew or should •have known of such fact. PerMittee shall, within thirty days of such knowledge, submit substitute financial assurances of approved form and type .• AI~fENDMENT #2 : The solid waste disposal .area shall be amended to include one acre (more or less) in the northeast corner of the original disposal area. This amendment does not change the originally permitted boundaries of the site. The contours of the northeast corner of the site shall be adjusted upon closure to accommodate this inclusion. AMEIr'DMENT #3: Change Expiration Date of Permit from "March 12, 1989=' to "Unr_n approved termination of post-closure period", pursuant to 63 O.S. 1991 Supp. § 1-2414' (D) . .n Ptitress Whereof we Nava set out hands •this anagement Service Deputy Commissioner for Environmental He 1th Services C C issioner of Health TRe foregoing instrument as ackncF:ledged before me th= ~' by Jcan K. Leavitt, M.D., Co.'tunissionerso Health; r ~ 2ITtan, Deputy Commissioner for Environmental Health Services; and R. Rood, Chief of Solid Waste Management Service. My Commission exoir day of Mark S. ADDITIONAL INSURED ENDORSEMENT Attaching to and forming a part of the certificate of insurance dated: June 21, 1993 Issued to: City of Owasso and Owasso Public Works. Authority The above named Certificate Holder is added as an Additional Insured to: General Liability Il RMGLA ~ 175-9099 - Tat ® RMGL 175-9098 - All Ottier and Self-Insured Automobile Liability to the extent of the liability assumed by the Named Insured under the Contract between the Certificate Holder and the Named Insured pursuant to which this Certificate is issued; however the Certificate Holder shall not be included as an Additional Insured to the extent of their willful misconduct, negligence or umission. MICHAEL G CRANDALL Authorized Representative National Union Fire of Pittsburgh, PA RODUCER THIS CERIIFlCATE IS tSSIJED AS A MATTER OF INFORIAATION ONLY AND CONFERS NO RIGHTS P UPON THE CIe71T1FlCATE HOLDER THIS f~RTIFICATE DOES NOT AMFJJO, EXTEND OR ALTER THE SEDGWICKJAMESotGEORGIAINC. coVEw-cEAFFOROEOeYTHEPOUaESeEI-ow• 3333 Peachtree Rd., N.E. #500 COMPANIES AFFORDING COVERAGE Atlanta, Ga. 30326 COMPANY a. LETTER A National Union Fire o INSURED COMPANY g American Home Assurance Company Browning-Ferris, Inc. LETTER 1616 North Pittsburg COMPANY C OK 74115 LETTER COMPANY D LETTER COMPANY E LETTER This is ro certify that polities of irrsurartce fisted berow have been fastred ro the irmxed named above end are n brce at tltis time. NolwiCistandrtg arty requirement term ar cnndkiort d any convaq or other doctxrrent with respect ro whicfi this oervficate may be issued a may pertain, Cre htstxarrce atlorded by the policies described herein is subject ro ai the temts, e>xksiar(s and conditions or such policies. UmNa of LIablUt y In Thousands (000'x) COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY ® COMMERCIAL FORM ® PREMISES - OPERATKNS ® EXPLOSION AND COt1APSE HAZARD ® UNDERGROUND HAZARD BODILY INJURY ANO A ® PRODUCTS/COMPLETED RMGL 175-9099-TX 5/1/94 PROPERTY DAMAGE $2,500 OPERATIONS HAZARD ® CONTRACTUAL INSURANCE COMBINED ® BROAD FORM PROPERTY DAMAGE ® INDEPENDENT CONTRACTORS RMGL 175-9098-ALL OTHER ® PERSONALINJURY AUTOMOBILE LIABILITY ® COMPREHENSNEFORM N/A ® OWNED STATE APPROVED 5/1/94 BODILY INJURY ANO $5,000 ® HIRED SELF-INSURER ® NON-0WNED PROPERTY DAMAGE COMBINED EXCESS UABILfTY BODILY INJURY AND B INCLUDING AUTO & GENERAL CLM 308-59-24 5/1/94 PROPERTY DAMAGE $7,500 $7,500 ® OTHER THAN UMBREl1A FORM COMBINED STAMORY N/A STATE APPROVED 5/1/94 Sz50o(EACHACCIOENT) WORKER'S COMPENSATION SELF INSURER 52500 (DISEASE -POLICY LIMB) snd EMPLOYER'S LIABILITY 12500 (DISEASE -EACH EMPLOYEE) DESCRIPTION OF OPERATIONS Solid Waste Removal and Disposal See attached Additional Insured Endorsement OATEISSUED: June 21, 1993 CANCELLATION: NAME AND ADDRESS OF CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY City Of OwaSSO WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL 207 South Cedar IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE OwaSSO, OK 74055 OR REP COMPANY, ITS AGENTS RESENTATIVES. AUTHORIZED REPRESENTATIVE Certificate Helder (White) District File (Yellow) Houston Risk Mgm't. (Pink & Gold) C94 MEMOn~..ANI)UM TO: CHAIRMAN AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: WATER DEPARTMENT BUDGET SUPPLEMENT DATE: May 12, 1994 BACKGROUND: The fiscal year 1994 budget for the purchase of water (from the City of Tulsa) is $810,000. Actual expenses to date for the fiscal year (eleven months) have been $794,713. A budget supplement is needed to allow the payment for water purchases in June. The current year budget was based on an estimated 11 % increase in water purchased. However, the actual water usage billed to our customers has increased 21 % over last year. The average number of customers on our water system has increased by only 4%. Most of the increased water volume is for sales to Rogers County Rural Water District. Usage by Rogers County RWD has increased by more than 488%, while usage by all other customers has increased by 9%. Water is sold to Rogers County RWD at a "pass-through" rate (Tulsa rates plus three cents per thousand. gallons). Because there is no profit on water sales to the rural water district, revenues have increased by about 16% on a usage volume increase of 21 %. Revenues were budgeted to increase by 11%; so with an actual increase of 16%. funds are available for the additional water purchases. The June expense for water purchases is not expected to exceed $80,000. A budget supplement of $70,000 will be adequate to complete the fiscal year. RECOMMENDATION: Staff recommends Trustee approval of a $70,000 increase to the OPWA water department expense budget.