HomeMy WebLinkAboutPR 20369: COMMERCIAL REFUSE DISPOSAL CONTRACT WITH TEXAS AND IMPACT WASTE AND RECYCLING, LLC P. R. No. 20369
07/25/18jnp
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
COMMERCIAL REFUSE DISPOSAL CONTRACT BETWEEN THE CITY OF
PORT ARTHUR, TEXAS AND IMPACT WASTE AND RECYCLING, LLC,
OF BEAUMONT, TEXAS FOR THE PURPOSE OF DEPOSITING REFUSE
AT THE CITY'S SANITARY LANDFILL
WHEREAS, it is to the City of Port Arthur's benefit to increase its solid waste
revenues by promoting the use of its sanitary landfill; and
WHEREAS, Impact Waste and Recycling, LLC ("Impact Waste") of Beaumont,Texas
has expressed an interest in using the City's sanitary landfill to deposit a significant amount
of its eligible collection volume from commercial establishments it serves both inside and
outside of the city; and
WHEREAS, the City's sanitary landfill has adequate capacity to handle the
additional waste that would be deposited by Impact Waste; and
WHEREAS, the City and Impact Waste have developed a contract that could net
the City additional solid waste revenues that will provide additional support for the
operation of the City's sanitary landfill.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is hereby authorized to execute a Commercial
Refuse Disposal Contract between the City of Port Arthur and Impact Waste and Recycling,
LLC of Beaumont, Texas, in substantially the same form as attached hereto as Exhibit"A".
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Section 3. That a copy of the caption of this Resolution be spread upon the
Minutes of the Corporation.
READ, ADOPTED AND APPROVED on this day of
A.D., 2018, at a Meeting of the City Council of the City of Port Arthur, by the following
vote: AYES:
Mayor:
Councilmembers:
NOES:
DERRICK FORD FREEMAN, MAYOR
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
//4.41 /,4,2 D
Valecia R. Tizer , City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
Armando Gutierrez, Director of Public Works
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EXHIBIT "A"
s.pr20359
COMMERCIAL REFUSE DISPOSAL CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS:
This contract made and entered into by and between the City of Port Arthur
acting by its director of public works or his designee and hereafter styled "City", and
Impact Waste and Recycling LLC , hereafter styled "Hauler", whose business address
and phone number are as follows:
5700 Proctor St
Port Arthur, TX 77642
Telephone:
409-727-3335
I
In consideration for the monthly payment of fees, Hauler may deposit refuse at
the City's landfill. Hauler shall deposit in advance the sum of $2500.00 with the city
to be held to secure any delinquent charges. Fees shall be billed monthly.
II
The Hauler shall identify in detail the refuse to be disposed of and where it was
generated.
III
The Hauler shall then be able to deposit refuse at the City's landfill but cannot
deposit more than double the amount that is covered by his deposit. Once the Hauler
exceeds that amount or is late in his payments, he shall be required to pay C.O.D.
IV
The Hauler shall pay all arrears within 25 days, and failing to do so shall pay a
late fee of ten percent of the arrears. If collection proceedings are required, the
Hauler shall also pay attorney fees and court costs.
V
The Director of Public Works or his designee has the discretion to not allow
Hauler access to the landfill if the hauler has a poor credit record, wants to deposit
refuse that is not allowed in the landfill, or refuses to state where the waste was
generated, or refuses to deposit refuse in the designated area.
VI
In further consideration, Hauler agrees to release the city and its employees from
any damages or injuries in using the City's landfill, and agrees to indemnify and hold
harmless the City, its agents and employees, from all liability, damages, injuries,
claims, causes of actions, and expenses arising in connection with its use of the City's
landfill.
VII
This contract shall be from month to month, but may be cancelled by either party
upon the giving of ten days' written notice mailed to the respective address indicated
in this contract. Provided that this contract may be immediately cancelled by the City,
without prior written notice, upon Hauler's failure to pay the prescribed fees or upon
Hauler's violation of any rules governing the use of the City's landfill.
SIGNED and AGREED to on this 23rd day of July, A.D., 2018.
Impact Waste & Recycling LLC
By:
Print Name: Tony Broussard
Title: Owner
SIGNED and AGREED to on this 23rd day of July, A.D., 2018.
THE CITY OF PORT ARTHUR
By:
Harvey Robinson
City Manager
APPROVED FOR ADMINISTRATION:
Armando Gutierrez
Director of Public Works