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HomeMy WebLinkAboutPR 21130: APPROVAL TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT i City of = .,_ 7/11111110 iei o rt.hur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 15, 2019 To: The Honorable Mayor and City Council Through: Ron Burton, Interim City Manager From: Kandy Daniel, Interim Finance Director RE: P.R. 21130—Approval to Execute a Commercial Refuse Disposal Contract Introduction: The intent of this Agenda Item is to seek City Council's approval for the City Manager to execute a Commercial Refuse Disposal Contract between the City of Port Arthur and SRB Enterprises, LLC of Colmesneil, Texas. Background 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. SRB Enterprises, LLC of Colmesneil, Texas has submitted an application to dispose of refuse at the City's sanitary landfill of which a significant amount of its eligible collection volume comes from commercial establishments that it serves both inside and outside of the city. The City's sanitary landfill has adequate capacity to handle the additional waste that would be deposited. Budget Impact: Solid waste revenue will increase for landfill operations support. Recommendation: It is recommended that City Council approve City Manager to execute a Commercial Refuse Disposal Contract between the City of Port Arthur and SRB Enterprises, LLC of Colmesneil, as discussed and/or outlined above. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 21130 KD 10/15/19 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND SRB ENTERPRISES, LLC OF COLMESNEIL, TEXAS FOR THE PURPOSE OF DISPOSING OF 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, SRB Enterprises, LLC of Colmesneil, Texas has submitted an application to dispose of refuse at the City's sanitary landfill, of which a significant amount of its eligible collection volume comes 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 SRB Enterprises, LLC; and, WHEREAS, the City and SRB Enterprises, LLC 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 SRB Enterprises, LLC of Colmesneil, Texas, in substantially the same form as the contract attached hereto as Exhibit"A". 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 October, A.D., 2019, at a Meeting of the City Council of the Cita of Port Arthur, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman "Bill" Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Valecia R. TizYo, City: 'rney APPROVED FOR ADMINISTRATION: Ron Burton, Interim City Manager Kandy Dan' , Interim Finance Director EXHIBIT "A" 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 its City Manager or his designee and hereafter styled"City", and SRB Enterprises, LLC hereafter styled"Hauler", whose business address and phone number are as follows: 706 N. Wheeler Colmesneil, TX 75938 Telephone: 409-837-2863 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$3,250.00 with the City to be held to secure any delinquent charges.Fees shall be billed monthly provided credit is approved and Hauler agrees to all terms as outlined below and in the submitted application. 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. The City has the right to increase the required deposit if monthly volumes increase. IV Hauler shall pay all arrears within 25 days of billing 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's account is delinquent, or 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 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. VII 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 October, 2019. SRB Enterprises, LLC By: Name: Title: SIGNED and AGREED to on this day of October, 2019. THE CITY OF PORT ARTHUR By: Name: Title: City Manager APPROVED: Director of Public Works Landfill Credit Application r , Name/Address Last: Baker First: Steven Middle Initial:R Title Owner Name of Business: SRB Enterprises, LLC Tax I.D. Number Address: 706 N Wheeler/PO BOX 834 Email Address: City: Colmesneil State: Texas ZIP: 75938 Phone: 409-837-2863 Company Information Type of Business: Construction In Business Since: 02/02/2002 Legal Form Under Which Business Operates:(Please Attach Articles of Incorporation,Partnership Agreement,DBA Certificate) LLC Corporation Partnership b Proprietorship b If Division/Subsidiary,Name of Parent Company: N/A In Business Since: Name of Company Principal Responsible for Business Transactions: Title: Owner Steven Ray Baker Address: City: State: ZIP: Cell Phone: 644 RR 255 Colmesneil,TX,75938 Name of Company Principal Responsible for Business Transactions: Title: Same as above Address: City: State: ZIP: Cell Phone. Bank References Institution Name.F__ Institution Name: Institution Name: Citizen State Bank Checking Account#: Savings Account#: Loan: Loan Balance: Address: Address: A• ddress: Colmesneil, Tx. Phone: Phone: P• hone: 409-837-2024 Trade References Company Name: Company Name: Company Name: Contact Name: C• ontact Name: Contact Name: Address: A• ddress: Address: Phone: Phone: P• hone: Account Opened Since: Account Opened Since: Account Opened Since: Credit Limit: Credit Limit: Credit Limit: Current Balance: C• urrent Balance: C• urrent Balance: I hereby certify that the information contained herein is complete and accurate. This information has been furnished with the understanding that it is to be used to determine the amount and conditions of the credit to be extended. Furthermore, I hereby authorize the financial institutions listed in this credit application to release necessary information to the company for which credit is being applied for in order to verify the information contained herein. . 1 if, 10/02/2019 Signature • Date Hauler Questionnaire 1. What type of refuse do you plan to dispose of at Port Arthur's Landfill and what is the estimated monthly volume? Refuse Type Estimated Monthly Volume Compacted Waste Cubic Yards Non-Compacted Waste Cubic Yards Appliances Number Whole Tires Number Tree limbs/Brush Approx250 Cubic Yards Other Demo Building Approx 250 CY monthly 2. Identify in detail where the refuse will be generated? (primary picked up locations) 3. Monthly Credit Amount Requested: $3,250.00 Terms of Account Hauler must have a signed contract in order to dispose of Refuse at Port Arthur's Landfill. Hauler has the option to pay by cash or credit card on delivery. Hauler understands that if credit is requested from the City of Port Arthur, the following conditions apply: - Credit must be approved by the Director of Public Works. - An advance deposit(minimum $1,000) is required if credit is approved. The required amount is contingent upon review of the haulers credit and the estimated monthly charges. The City has the right to increase the required deposit if monthly volumes increase. - Hauler shall pay all arrears within 25 days from billing date. - Payment received after due date shall incur a late fee of 10%of the arrears and Hauler shall not be allowed to access the Landfill until such time as the account is paid in full. The Director of Public Works or his designee has the discretion to not allow Hauler access to the landfill if Hauler's account is delinquent, or 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. 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 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. 10/02/19 Signatu Date Below for Internal Use Only SRB Enterprises, LLC Company Name Comments Credit Approved Yes X No If Yes. Monthly Credit Limit $ 3,250.00 Deposit Amount Required $ 3,20.00 Reviewed By: Date Approved By: e. - l5^ 2011 Director of Public Works Date