HomeMy WebLinkAboutPR 20828: A RESOLUTION TO EXECUTE A CONTRACT FOR COMMERCIAL REFUSE DISPOSAL P. R. No. 20828
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A COMMERCIAL REFUSE DISPOSAL
CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND
LOUISIANA CHEMICAL DISMANTLING COMPANY,INC.
OF KENNER, LOUISIANA FOR THE PURPOSE OF
DISPOSING REFUSE AT THE CITY'S SANITARY
LANDFILL.
WHEREAS, it is to the benefit of the City of Port Arthur (City) to increase its solid waste
revenues by promoting the use of its sanitary landfill; and,
WHEREAS,Louisiana Chemical Dismantling Company,Inc.(LCDC)of Kenner,Louisiana
has expressed an interest in using the City's sanitary landfill to dispose a significant amount of its
eligible collection volume from commercial establishments that 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 LCDC; and,
WHEREAS, the City and Louisiana LCDC have developed a contract that could generate
additional solid waste revenues for the City 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 Louisiana Chemical Dismantling Company,
Inc. of Kenner, Louisiana, in substantially the same form 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 City Council.
READ,ADOPTED,AND APPROVED on this day of
A.D., 2019, 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:
o_yL .AtiLa_c5
Valecia R. izeno, City Attorney
APPROVED FOR ADMINISTRATION:
Rebecca Underhill, CPA, Interim City Manager
Alberto Elfano,PE, Interim Director of Public Works
EXHIBIT "A"
(Landfill Contract)
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COMMERCIAL REFUSE DISPOSAL CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS:
This contact was made and entered into by and between the City of Port Arthur, acting by
it's director of public works or his designee and hereafter styled"City", and Louisiana Chemical
Dismantling Company, Inc., hereafter styled"Hauler", whose business address and phone
number are as follows:
#24 27th Street
Kenner, LA 70062-4904
Telephone:
(504)464-0770
I
In consideration for the monthly payment of fees,Hauler may dispose of refuse at the City's landfill.
Hauler shall pay a deposit in advance in the sum of$2,500.00 with the City to be held to secure any
delinquent charges. Fees shall be billed monthly.
II
Hauler shall identify in detail the refuse to be disposed of and where it was generated.
III
Hauler shall then be able to dispose of refuse at the City's landfill,but cannot dispose of more than
double the amount that is covered by Hauler's advanced deposit. Once Hauler has exceeded that
amount, or late on their payment, Hauler shall be required to pay Cash On Delivery(C.O.D.)
IV
Hauler shall pay all arrears within 25 days,and failing to do so will incur a late fee of ten percent of
the arrears. If collections proceedings are required, 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 Hauler has a poor credit record, wants to dispose of refuse that is not allowed in the
landfill, or refuses to state where the waste was generated, or refuses to dispose of refuse in the
designated area.
•
VI
In further consideration, Hauler agrees to release the City and its employees from any damages or
injuries that result using the City's landfill, and agrees to indemnify and hold harmless the City, its
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agents,and its employees,from all liability,damages,injuries,claims,causes of action,and expenses
arising in connection with its use of the City's landfill.
VI
This contract shall be from month to month, but may be canceled by either party upon giving ten
days written notice,mailed from the respective address indicated in this contract. This contract may
be immediately canceled by the City,when Hauler violates any rules governing the use of the City's
landfill.
SIGNED and AGREED to on this day of May, 2019.
Louisiana Chemical Dismantling Company,Inc.
By:
Name:
Title:
SIGNED and AGREED to on this day of May, 2019.
The City Of Port Arthur
By:
Name:
Title:
APPROVED FOR ADMINSTRATION:
Alberto Elfano
Interim Director of Public Works