HomeMy WebLinkAboutPR 21495: APPROVAL TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT WITH 2S ROLL OFF SERVICE, LLC INTEROFFICE MEMORANDUM
Date: July 15. 2020
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Kandy Daniel, Interim Finance Director
RE: P.R. 21495 —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 2S Roll
Off Service 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. 2S Roll Off Service LLC of Beaumont, 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 2S Roll Off Service LLC of Beaumont,
Texas as discussed and/or outlined above.
P.R. No. 21495
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT
BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND 2S ROLL
OFF SERVICE LLC OF BEAUMONT, 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, 2S Roll Off Service LLC of Beaumont, 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 2S Roll Off Service LLC; and,
WHEREAS, the City and 2S Roll Off Service 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 2S Roll Off Service LLC of
Beaumont, 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 July, 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"Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Vraflkekig
Valecia '4. izeno, City Attorneyy
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
K�,..
KandyDaniel 4
nterim 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 2S Roll Off Service LLC
hereafter styled"Hauler", whose business address and phone number are as follows:
5470 Hagner Road
Beaumont, TX 77705
Telephone:
409-924-9212
I
Hauler shall agree to all terms as outlined in Ordinance 16-05 which amends the City Code of
Ordinances Chapter 86, section 79(c) and (d), as it pertains to the collection and disposition of
refuse and the refuse disposal rate schedules.
II
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$5,000.00 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.
III
Hauler shall identify in detail the refuse to be disposed of and where it was generated.
LV
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.
V
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.
VI
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.
VII
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.
VIII
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 July 2020.
2S Roll Off Service LLC
By:
Name:
Title:
SIGNED and AGREED to on this day of July 2020.
THE CITY OF PORT ARTHUR
By:
Name:
Title:
City Manager
APPROVED:
Director of Public Works