HomeMy WebLinkAboutPR 20819: CONTRACT FOR COMMERCIAL REFUSE DISPOSAL AT LANDFILL P. R. No. 20819
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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, TEXAS AND CARTER
EXCAVATION AND CLEARING OF CUSHING, TEXAS 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,Carter Excavation and Clearing of Cushing,Texas 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 Carter Excavation and Clearing; and,
WHEREAS, the City and Carter Excavation and Clearing 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 Carter Excavation and Clearing of Cushing,
Texas, in substantially the same form as attached hereto as Exhibit"A".
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of
the Corporation.
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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:
lbet/0 D�
ale i ; ' . Ti no, City Attorney
APPROVED FOR ADMINISTRATION:
Rebecca Underhill, CPA, Interim City Manager
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 Carter Excavation
and Clearing, hereafter styled"Hauler", whose business address and phone number are as
follows:
911 CR 874
Cushing, TX 75760
Telephone:
(832) 248-7517
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.
Carter Excavation and Clearing
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