HomeMy WebLinkAboutPR 21762: APPROVAL TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTACT INTEROFFICE MEMORANDUM
Date: January 14, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Kandy Daniel, Interim Finance Director
RE: P.R.21762 —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
Acadiana Waste Services.
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. Acadiana Waste Services of Sour Lake, Texas has
submitted an application to dispose of refuse at he City's landfill of which a significant amount
of its eligible collection volumes 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 Acadiana Waste Services of Sour Lake,
Texas as discussed and/or outlined above.
P.R. No. 21762
KD 1/14/2021
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT
BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND
ACADIANA WASTE SERVICES, LLC OF SOUR LAKE, 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, Acadiana Waste Services LLC of Sour Lake, 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 Acadiana Waste Services LLC; and,
WHEREAS, the City and Acadiana Waste 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 Acadiana Waste Services LLC of
Sour Lake, 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., 2021, 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:
Utr-R-0 eVit. Leitaf q
1Valecia R. T' eno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
4cAy, 0,„_,,„D
Kandy D iel, 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 Acadiana Waste Services LLC
hereafter styled "Hauler", whose business address and phone number are as follows:
16622 Highway 105
Sour Lake, TX 77659
Telephone:
409-205-1310
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$1,950.00 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.
IV
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 February 2021.
Burke Center
By:
Name:
Title:
SIGNED and AGREED to on this day of February 2021.
THE CITY OF PORT ARTHUR
By:
Name:
Title: City Manager
APPROVED:
Director of Public Works
Landfill Credit Application ', rtkr
Name/Address
Last McBee First: Sharon Middle Initial: Title General Manager
Name of Business: Acadiana Waste Services-TX,LLC Tax I.D.Number 45-5009281
Address: 16622 Highway 105 Email Address: sharon@acadianawaste.com
City: State: ZIP: Phone:
Sour Lake TX 77659 409-205-1310
Company Information
Type of Business: Commercial and Industrial Solid Waste Services In Business Since: October 2018
Legal Form Under Which Business Operates:(Please Attach Articles of Incorpofation,Pip-A aemera,DBA Certificate)
Acadiana Waste Services LLC Corporation __ Partnership X LLC-S Proprietorship
If Division/Subsidiary,Name of Parent Company Acadiana Waste Services LLB Business Since:October 2012
Name of Company Principal Responsible for Business Transactions: Title' CFO
Andrew Grady
Address: PO Box 53426 City: Lafayette Stater ZIP:70505 Cell Phone: 337-349-6946
Name of Company Principal Responsible for Business Transactions: Title:
Address: City: State: ZIP: Cell Phone:
Bank References
Institution Name: Institution Name: Institution Name:
IberiaBank
Checking Account#: Savings Account#. Loan: Loan Balance:
Address:200 W.Congress Street Address: Address:
Lafayette,LA 70501
Phone: Phone: Phone:
337-521-4886
Trade References
Company Name: Wastequip LLC Company Name:ITA Truck Sales&Sery company Name: Roll Off USA
Contact Name: Do not know Contact Name:Thomas Szekely Contact Name: Do not know
Address: Address: Address:
6525 Morrison Blvd,Suite 300 2835 NE Evangeline Hwy PO Box 727
Charlotte,NC 28211 Lafayette,LA 70507 Durant,OK 74702
Phone: 877-468 9278 Phone: 337-234-9425 Phone: 580-924-6355
Account Opened Since: 2012 Account Opened Since: 2013 Account Opened Since: 2012
Credit Limit: $100 000 00 Credit Limit: $50,000.00 Credit Limit: $100,000.00
Current Balance: Current Balance: $28 876 00 Current Balance: $0.00
$0.00
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//lat-a-t.. ill cieLrL/L_ 3 — — D 0 *D., r--)
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 200 Cubic Yards
Non-Compacted Waste 400 Cubic Yards
Appliances 0 Number
Whole Tires o Number
Tree limbs/Brush 0 Cubic Yards
Other
2. Identity in detail where the refuse will be generated? (primary picked up locations)
Jefferson and Orange Count'
3. Monthly Credit Amount Requested: $2,000.00
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$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.
-j1110-'1 1Y`,... 2 0
Signature Date
Below lets Internal Use Only
Acadiana Waste Services-TX,LLC.
Company Name
Comments (o.So Jcy - 4.O0 = 3900 f r n•01rrA
aE O.So
$ ►950
Credit Approved Yes � No
If Yes,Monthly Credit Limit $ a o 00
Deposit Amount Required $ ►)9 5o
Reviewed By:
Date
Approved By:
C. 1— 13- 2.021
Director of Public Works Date