HomeMy WebLinkAboutPO 5807: WASTE MANAGEMENTP. O. No. 5807
10/05/07 gt
ORDINANCE NO.
AN ORDINANCE AS IT PERTAINS TO AN AGREEMENT
WITH WA5TE MANAGEMENT, INC. FOR THE IISE OF THE
CITY OF PORT ARTHIIR'S LANDFILL
WHEREAS, Section 86-79 of the Code of Ordinances of the City
of Port Arthur provides that the City shall enter into contracts
for refuse collection services for deposit in the city's landfill
with a minimum deposit of $500 or such other amount as determined
by the Director of Public Works, or his designee, and based on the
proposed usage of the landfill and the payment history of the
hauler to be held to secure any proposed delinquent charges; and
WHEREAS, Section 86-79 provides that the hauler shall pay all
arrears within 25 days, and failing to do so, shall pay a late fee
of 10~s of the arrears; and
WHEREAS, Waste Management owes the City in excess of
$56,615.29 in late charges; and
WHEREAS, due to the large volume of expected refuse, that
Waste Management can provide to the City, Waste Management is
requesting an exception to Sec:t ion 86-79 as to allow Waste
Management to deliver refuse to the City's landfill without a
deposit, and for bills to be paid. within 45 days; and
WHEREAS, the City Council deems it in the best interest of the
citizens to approve an agreement ~nrith Waste Management, Inc., as it
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pertains to usage at the City's landfill in substantially the same
form as delineated in Exhibit "A".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TE%AS:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the Director of Public Works are herein
authorized to enter into an Agreement with Waste Management 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 City Council.
READ, ADOPTED AND APPROVED o~n this day of
A.D., 2007, at a Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
_%
NOES:
MAYOR
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ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
(SEE CONFIDENTIAL MEMO)
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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COMMERCIAL REFUSE DISPOSAL CONTRACT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS:
This contract made and entered into b:y and between the City of Port Arthur acting
by its Director of Public Works or his designee and hereafter styled "City", and Waste
Management, Inc., hereafter styled "Hauler", whose business address and phone number
are as follows:
Attention:
Waste Management, Inc,
Address: _
Telephone:
In consideration for the monthly payment of i:ees, hauler may deposit refuse at the city's
landfill.
II.
A detailed billing statement detailing all fees shall be billed on a monthly basis to hauler
at the above-listed address.
III
The hauler shall identify in detail the refuse to be disposed of and where it was generated.
ICJ
The hauler shall only be able to deposit refuse at the city's landfill at the discretion of the
Director of Public Works or his designee.
ICJ
The hauler shall pay all arrears within 45 da~~, and failing to do so shall pay a late fee of
ten percent of the arrears.
V
It is agreed that hauler has an existing debt with the City for unpaid late fees in the
amount of $56,615.29. A detailed billing statement of late charges are attached hereto as
Exhibit "A"
VI
The parties agree that in consideration of timely payment of fees, the City will provide
Hauler with a reduction of $1.00 in late fees for every $5.00 paid to the landfill for the
disposal of refuse within a 45 days billing cycle.
VlI
In the event the hauler has become delinquent: in its payments, the above-referenced
agreement shall be terminated and hauler will be required to pay C.O.D. and all
accumulated late fees will become due and payable
VIII
If collection proceedings are required, the haL~ler shall also pay attorney fees and court
costs.
I~:
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.
X:
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.
XI
This contract shall be from month to month, lout may be cancelled by either party upon
the giving often days' written notice mailed to the respective address indicated in this
contract. However, this contract maybe 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.
2
SIGNED and AGREED to on this
BY:
WASTE MANAGEMENT
PRINTED NAME
TITLE
SIGNED and AGREED to on this
By
JOHN COMEAUX,
DIRECTOR OF PUBLIC WORKS
OF THE CITY OF PORT ARTHUR
day of , A.D., 2007.
day of , A.D., 2007.
EXHIBIT
«~~~
TO THE CONTRACT BETWEEN THE
CITY OF PORT ARTHUR &
WASTE MANAGEMENT, INC.
Waste Management
Trn/Due Date _ Unpaid _ Ref Date/Num Unpaid
Late Charges _
Charges
_ _ 7/30/2007
1,420.25
39,261.00 _
6/6/2007_
_1,504.75 _
39,209.00 _ _
_ _ 4/27/2007 2,109.25 39,169.00
3/30/2007 2,347.80 39
141.00
_2/27/2007 1,589.90 ,
39,108.00
2/2/2007
5,526.65
39,085.00 _ _
_
_ 11/8/2006 2,744.30 38,999.00
10/4/2006
3,791.50 _
38,961.00 _
8/31/2006 3,027.00 _
38,930.00
8/4/2006
3,125.50
38,903.00 _
_
7/5/2006 3,302.00 38,870.00 33,020.00
_ __
_ _5/31/2006 2,375.13 38,836.00
_ _ 5/2/2006 4,251.00 _ 38,808.00
3/31/2006 2,414.60 38,777.00
3/3/2006 2,892.50 __
38,749.00
_ _ _ 2/4/2006 1,290.29 38,722.00 -- -
_ 12/31/2005 4,297.15 38,687.00
12/30/2005
2,093.00 __
38,686.00 _ _
_
10/8/2005 845.00 38,596.00
__ _
_ __ 9/1/2005
515.25 _
38,566.00 _
_ _ 8/2/2005
786.50
38,534.00 _ _
__7/6/2005
1,020.50
38,507.00 _
6/2/2005
304.13
38,475.00 _ _
_ __ 5/7/2005
1,696.50
38,449.00 _
_ 3/3/2005
122.26
38,384.00 _ __ _
_ 2/10/2005 (1,166.75) 38,231.00
_ 2/10/2005
(1,527.00)
38,311.00 _ _ _
_ 2/10/2005
(510.90)
38,322.00 _
12/31/2004 _
510.90 _
38,322.00 __
__
__ _ 12/2/2004 1,527.50 38,293.00
__ _ 10/1 /2004 1,166.75 38,231.00
_
8/31 /2004
111.10 _
38,199.00 _ ____
_
_ __ 8/13/2004
_ (101.00) _
38,136.00 _
_ _ _ 6/29/2004 101.00 38,136.00
_ _ 6/2/2004 91.82 _
38,108.00
_ 5/1/2004
867.75
38,078.00 __
3/31/2004
4.58 ____
38,047.00 _
__ _.
3/1/2004 45.83 38,016.00
late charge subtracted from bill
-- - 101.00
payment 09/07/07 i (33,020.00)
- _ .. -
--
56,615.29
-
56,615.29