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HomeMy WebLinkAboutPO 5846: WASTE MANAGEMENT - USE OF LANDFILLinteroffice MEMORANDUM. To: Mayor, City Council, and City Manager ~~ From: Valecia R. Tizeno, First Assistant. City Attorney Date: March 5, 2008 Subject: P. O. No. 5846; Council Meeting March 11, 2008 Attached. is P. O. No. 5846 amending an agreement with Waste Management, inc. for the use of the City of Port Arthur's landfill. VRT:gt Attachment cc: John Comeaux, Director of Public Works z.po5846 memo P. O. No. 5846 03/05/08 gt ORDINANCE N0. AN ORDINANCE AMENDING AN AGREEMENT WITH WASTE MANAGEMENT, INC. FOR THE IISE OF THE CITY OF PORT ARTHIIR'S LANDFILL WHEREAS, on October 9, 2007, pursuant to Ordinance No. 07-80 the City of Port Arthur entered into an agreement with waste Management regarding the use of the City of Port Arthur's landfill; and WHEREAS, Waste Management has requested changes-to the agreement; WHEREAS, the City Council deems it in the best .interest. of the citizens to approve an amended agreement with waste Management, Inc., as it pertains- to usage at the City's landfill in substantially the same form as delineated in Exhibit "A". NOW THEREFORE, BE IT ORDAINED BY THS CITY COIINCIL OF THE CITY OF PORT ARTHIIR, TERAS: , Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the Director of Public Works is herein authorized to enter into an Amended Agreement with Waste Management in substantially the same form as attached hereto as Exhibit "A". z.po5846 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., 2008, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: ATTEST: MAYOR ACTING CITY SECRETARY APP~tOVED AS TO FORM: 11~~ ~~~~ ~VO~I. '. i,~. ~U CITY ATTO V Y CON ~h~~F Lr~ APPROVED FOR ADMINISTRATION: CITY MANAGER _~ z.po5846 EXHIBIT '~A" COMMERCIAL REFUSE DISPOSAL CONTRACT THE STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: This contract made and entered into by and between the City of Port Arthur acting by its Director of Public Works or his designee and hereafter styled "City", and Waste Management of Texas: Inc., hereafter styled "Hauler", whose business address and phone number are as follows: Waste Management of Texas; Inc./Beaumont Hauling Attention: Patricia Hensley Address: 2175 W. Cardinal Lane Beaumont, Texas 77705 Telephone: (409) 951-2925 I. In consideration for the monthly payment of fees, 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. n III. The Hauler shall identify in detail the refuse to be disposed of and where it was generated.. IV. 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. V. The Hauler shall pay all invoices within 45 daYS, and failing to do so shall pay a late fee often percent of the arrears. z.waste management_march I I, 2008 VI. Hauler has agreed to make a one time payment of'rwEn'rY rHOUSaIVU noLLnxS ($20,000) ,which will extinguish previous balance with the City for unpaid late fees related to the use of the City's landfill that existed prior to the date of this contract. In consideration for this payment, the City discharges and releases Hauler from any further claims, costs, or interest associated with this previous balance for unpaid late fees. VII. So long as Hauler brings in at least 10,000 cubic yards of commercial refuse per month to the City's landfill, the following policies shall apply: 1. City will charge Hauler $6.00/cubic yard for disposal of compacted and non- compacted material at the landfill. 2. City will charge Hauler $3.00/cubic yard for disposal of green waste (i.e., yard trimmings, grass) at the landfill. 3. The City will determine the volume of each load based on truck-mounted packer body capacity, capacity of roll-off boxes, or capacity of other delivery methods. 4. The City will, consistent with its landfill permit; endeavor to accommodate to the maximum extent possible the expected usage of the landfill by Hauler. 5. The City will provide adocumented/identified gate ticket to each Hauler vehicle as it arrives at the landfill. VIII. If Hauler does not bring at least 10,000 cubic yards of commercial refuse per month to the City's landfill, it will be charged $6.20/cubic yard for compacted and non- compacted material and $3.00/cubic yard for green waste. IX. In the event the Hauler has become delinquent in its payments, this Contract shall be terminated and Hauler will be required to pay C.O.D. and all accumulated late fees incurred under this Contract, if any, will become due and payable. X If collection proceedings are required, the Hauler shall also pay reasonable attorney fees and court costs, if the City prevails. XI. 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. z.waste management_march.l I, 2008 XII. In further consideration, Hauler agrees indemnify and hold harmless the City, its agents and employees,-from all liability, damages, injuries, claims, causes of actions, and expenses to the extent arising in connection with Hauler's negligent use of the City's landfill, and release City and its employees from any damages or injuries arising from Hauler's negligent use of the City's landfill. In further consideration, Hauler agrees to assume responsibility to indemnify and to hold harmless the City, its agent and employee from all liability, damages, injuries, claims, causes of action and expenses to extent arising in connection with materials that Hauler brings to the landfill that violates the City's permit with the TCEQ. XIII. This contract shall be from month to month, but may be cancelled by either party upon the giving of ten 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. SIGNED and AGREED to an this BY: day of , A.D., 2008. WASTE MANAGEMENT OF TEXAS, INC. PRINTED NAME TITLE SIGNED and AGREED to on this By 'day of , A.D., 2008. JOHN' COMEAUX, DIRECTOR OF PUBLIC WORKS OF THE CITY OF PORT ARTHUR P. O. BOX 1089 PORT ARTHUR, TEXAS-77642-1089 z.waste management march I I, 2008 3