The URL can be used to link to this page

Home My WebLink AboutPR 21268: APPROVAL TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT ,,, t ,•r It,,, texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: January 28, 2020 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Kandy Daniel, Interim Finance Director RE: P.R. 21268—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 Sitek Omni Services, LLC. 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. Sitek Omni Services, LLC of Humble, 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 Sitek Omni Services, LLC of Humble, Texas 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. 21268 KD 02/04/20 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND SITEK OMNI SERVICES, LLC OF HUMBLE, 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, Sitek Omni Services, LLC of Humble, 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 Sitek Omni Services, LLC, WHEREAS, the City and Sitek Omni Services, 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 Sitek Omni Services, LLC of Humble, 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 February, A.D., 2020, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman"Bill"Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 17;te Valecia R. Tizen;' City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, City Manager Kandy Daniel, terim 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 Sitek Omni Services, LLC hereafter styled "Hauler", whose business address and phone number are as follows: 1780 Roughneck Drive Humble, TX 77338 Telephone: 281-812-1461 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$11,700 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 February, 2020. Sitek Omni Services, LLC By: Name: Title: SIGNED and AGREED to on this day of February, 2020. THE CITY OF PORT ARTHUR By: Name: Title: City Manager APPROVED: Director of Public Works Landfill Credit Application . r.r,� ' 7..a Name/Address Last:McGlamery First' Don Middle Initial: Title Vice President Name of Business:Sitek Omni Services,LLC Tax I.D.Number 47-1521231 Address: 1780 Roughneck Dr Email Address City Humble Stale:Texas ZIP: 77338 Phone: 281-812-1461 Company Information Type of Business: Demolition and Environmental Remediation in Business Since: 2014 Legal Form Under Which Business Operates:(Please Attach Articles of Incorporation,Partnership Agreement.DBA Certificate) Corporation X Partnership al Proprietorship If Division/Subsidiary.Name of Parent Company: N/A In Business Since: Same Name of Company Principal Responsible for Business Transactions: Title: Don McGlamery Address:1780 Roughneckcbc Humble State: Tx ZIP: 77338 Cell Phone: 281-802-6207 Name of Company Principal Responsible for Business Transactions: Tele: Address: City: Stale: ZIP: Cell Phone: Bank References Institution Name: See Attached Institution Name' Institution Name: Checking Account O. Savings Account 8: Loan: Loan Balance: Address: Address Address: Phone: Phone. Phone: Trade References Company Name: See Attached Company Name: Company Name: Contact Name: Contact Name: Contact Name: Address: Address: Address: Phone: Phone: Phone* Account Opened Since: Account Opened Since: Account Opened Since: Credit limit: Credit Limit: Credit Limit: Current Balance: Current Balance Current 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 Signal : Dale Hauler Questionnaire I. 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 18,000 Cubic Yards Appliances Number Whole Tires Number Tree limbs/Brush Cubic Yards Other 2. Identify in detail where the refuse will be generated? (primary picked up locations) All constrction debris will be trcuked from the former St. Mary's hospital located at 3660 Gates Boulevard in Port Arthur.All debris will be generated_from the_demolition of_the buidings aLthe site. 3. Monthly Credit Amount Requested: $30,000.00 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 SI.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 l-lauler'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 • ith its use Q the City's landfill. W,—.) ///e->/2 O Signature Date Below for Internal Use Only dre.X Company Name Comments c,se o vt. coo X coo R=c' 1. reac.yA ►c /o z� �,� ,-,��,-Only t;.-ik„\ Credit Approved Yes No If Yes, Monthly Credit Limit $ 30,000 Deposit Amount Required $ ;too Reviewed By: Date Approved By: C - 1— Z 2 -2z2-0 Director of Public Works Date 'Itek Omni Credit Application Information BUSINESS INFORMATION Sitek Omni Services, LLC Tax ID#47-1521231 1 Partnership 1780 Roughneck Drive 1 Humble,TX 77338 DUN#04-376-7200 ( Rating—1R4 281-812-1461 1 281-812-1759—fax File#0802023013 Sales Tax#3-20545-7153-7 Date of Incorporation:July 9,2014 TWC#14-611390-7 OFFICERS Vanessa Cintron, President Jonathan K.Woodard,Vice President Sales Kevin J. Delahunty,Vice President Operations Don B. McGlamery, Vice President Finance Joseph F. Moore,Vice President Operations Health&Safety BANK REFERNCES INSURANCE BONDING INFORMATION Acct# 1000677789 Lockton Insurance Brokers, LLC Lockton Insurance Brokers, LLC Independent Bank 777 S. Figueroa 52nd Floor 777 S. Figueroa 52"d Floor 9601 Katy Freeway,Suite 100 Los Angeles,CA 90017 Los Angeles,CA 90017 Houston,TX 77024 Sandra Nakamura 1213-689-4290 Sarah Campbell 1 213-689-0554 Ted Nowak 1 713-600-6765 snakamura((lockton.corrl scampbell@lockton.com tnowak@ibtx.com TRADE REFERENCES Inline Distributing Republic Waste Services Velez Trucking Tom Koobie 1 800-795-0933 Debra O'Toole 1 832-327-6509 Trish Rodriquez 1 281-501-1102 tkoobie@inline.com dotoole@republicservices.com veleztrk@yahoo.com i W-9 Request for Taxpayer Give Farm to the (Rev.October 2018) Identification Number and Certification requester.Do not Internal aeve a the Treasury ►Go to www.lrs,gov/FormWB for instructions end the latest information. send to the IRS. 1 Name(aa shown on your Incase tax return).Name is required on this Guo:do not leave this line blank Sitek Omni Services, LLC — -- — 2 Business neme/dlsregarded entity name,If different from above ---.-.- a, 3 Check appropriate box for federal tax classification of the person whose name is entered on he 1.Chock only one of the 4 Exemptions(codes apply only to mi !plowing seven boxes. certain entities,not Y1dhrldual5;ass v. oEl proprietor or ❑ C Corporation irlatructons on page 3): ❑S Corporat ❑ Partnership ❑T usu'estate i single-member LLC Exempt payee code(if any) t i 0 limited liability company.Enter the tax classification(CeC corporation,S=S corporation,P=Partherchlp)I. P O 2 Note:Check the appropriate box In the line above for the tax classification of the single-member owner. Do net check Exemption from FATCA reporting c is LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC Is a•C u Otherwise.LLC that is not disregarded from the owner for U.S.federal tax purposes.Othe �se.a single-member LLC that soda fit any) is disregarded from the owner should check the appropriate box for the tax class:ficatbn of is owner. lr ❑ Other(see Instructions)► !µwas m.rmv,ti m•twwt.10lI W M•1l.8J - it 5 Address(rsimber,street,and apt.or suite no.)See Instr.rcllans. (Requester's name and address(optional) l' 1780 Rou.hneck Drive e City,state,and ZIP code - ---- — Humble,TX 77338 _ J 7 List account number(s)here(opliorral) - —--- - - Part I Tax.a er Identification Number(TIN) Enter your TIN in the appropriate box The TIN provided must match the name giver,on line 1 to avoid _social security number 1 backup withholding.For individuals,this is generally your social security number(SSN).However,for a r - resident alien,sole proprietor,or disregarded entity,see the Instructions for Part I,tater.For other I - entities,It is your employer identification number(EIN).If you do not have a number.see How to got a TiN,later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer Identification number ) Number To Give the Requester for guidelines on whose number to enter. I 4 7 - 1 5 2 1 2I31j1 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting lora number to be issued to me);and 2.I am not subject to backup withholding because:(a)i am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(If any)Indicating that I em exempt from FATCA reporting Is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you aro currently subject to backup withholding because you have failed to report at interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property.cancellation of debt,contributions to an individual retirement arrangement(IRA),end generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the Instructions for Part II,later. Hi signet of - -----7/W / / �� Here u.s.parsrapn. Z., r-- f Oats► General Instructions •Form 1099-DIV(dividends,including th so from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of Income,prizes,awards,orross noted. proceeds) g Future developments.For the latest Information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN).Individual taxpayer Identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of securedproperty) taxpayer identification number(ATIN),or employer Identification number (EIN),to report on en information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(Including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. It you do not return Form W-9 to the requester with a 71N,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10.2018)