HomeMy WebLinkAboutPR 21763: APPROVAL TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT 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.21763 —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 Burke
Center.
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. Burke Center of Lufkin, 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 Burke Center of Lufkin, Texas as
discussed and/or outlined above.
P.R. No. 21763
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 BURKE
CENTER OF LUFKIN, 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, Burke Center of Lufkin, 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 Burke Center; and,
WHEREAS, the City and Burke Center 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 Burke Center of Lufkin, 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:
Valecia R. izeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
Kandy Daniel, Int rim 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 Burke Center hereafter styled
"Hauler", whose business address and phone number are as follows:
2001 S. Medford Drive
Lufkin, TX 75901
Telephone:
936-633-5665
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$1,000.00 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.
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
VVI:UJIy.I I GIIVCIVEJC I Li. I y'FGGI..I'i-J 00-41iJJ-FiI..O J-Ur I J Il...l..F1JJLl0 1 /
City aJ -
Landfill Credit Application "•.rldur
Name/Address
Last: Baker Name of Business:
First:
David
Email Address:
Middle Initial: R Title Chief Financial Officer
Burke Center Tax I.D. Number
75-1442393
Address: 2001 S. Medford Drive
accountspayableA-J@myburke.org
City: Lufkin State: TX ZIP: 75901 Phone;
936-633-5665
Company Information
Type of Business: In Business Since:
Provider of Mental Health and IDD Services 1974
Legal Form Under Which Business Operates:(Please Attach Articles of Incorporation,Partnership Agreement,DBA Certificate)
Government Corporation ❑ Partnership❑
Proprietorship 0
if Division/Subsidiary,Name of Parent Company: N/A In Business Since: N/A
Name of Company Principal Responsible for Business Transactions: Title:
Melanie Taylor CEO
Address: City: State: ZIP: Cell Phone:
2001 S. Medford Drive Lufkin TX 75901 936-633-5662
Name of Company Principal Responsible for Business Transactions: Title: CFO
Address: David Baker
2003 S.Medford DriveitY: Lufkin State:TX ZIP: 75901 Cell Phone:
936-633-5668
Bank References
Institution Name: Southside Bank Institution Name: Southside Bank institution Name:
N/A
Checking Account#: Savings Account#: Loan: Loan Balance:
Address: Address:
P.O. Box 1079 Address:
P.O.
Tyler,TX 75710-1079 1
Tyler,, 1079 T TX X 75710-1079
Phone: 936-631-3583 Phone:
936-631-3583 Phone:
Trade References
Company Name: Kwik Kopy Company Name: Angelina Tire&Auto Company Name:
Office Depot
Contact Name: Doug Rachunek Contact Name: Christie Bailey Contact Name:
Joe Tieber
Address:
Address: Address:
1508 S. Chestnut St., Ste 1 P.O. Box 153308 P.O. Box 660113
Lufkin, TX 75901 Lufkin, TX 75915 Dallas, TX 75266-0113
Phone: 936-639-5945 Phone: 936-639-8473 Phone:
855-337-6811, Ext. 12720
Account Opened Since: 2011 or before Account Opened Since: 2011 or before Account Opened Since: 2011
Credit Limit: N/A-Net 30 Credit Limit: N/A-Net 30 Credit Limit:N/A-Net 30. Paid Weekly
Current Balance: $1,700 Current Balance:$1,500.00 Current Balance:
$5.000.00
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.
,-DocuSigned by:
Pug), bat , 11/18/2020 110:39 AM CST
AC/AE11008480457._
Signature Date
VuI:u J(yiI C I IVCIIJ IL.). / I'i-U OO-' L,UU MI,DJ-Or I ILA...MJJUV
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 60 Cubic Yards
Non-Compacted Waste 65 Cubic Yards
Appliances 2 Number
Whole Tires 30 Number
Tree limbs/Brush 1 Cubic Yards
Other
2. Identify in detail where the refuse will be generated? (primary picked up locations)
Litter Pickup on highway in Port Arthur
3. Monthly Credit Amount Requested: $2,500/Net- 30 days
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.
DocuSigned by:
LOW:(41, tjalct,V' 11/18/2020 l 10:39 AM CST
wuptionFumAA7
Signature Date
Uu.0 Iy.11 CI IVCIVI.IC IU. IVVLLI..1'4-Ju00--1A..JJ-MVoo-Vr IJ I u
IVAr Internal Ilse POY,
BURKE CENTER
Company Name
Comments 6,0 -1-(o5 \is c.y X (o .so� = gIZ. S
'AYE' x 3 = `.00
'`ram x 3 = 3.00
To h-A4 = $ 2 1 . S o
Credit Approved Yes ✓ No
If Yes, Monthly Credit Limit $ z.,s o z)
Deposit Amount Required $ I,a a o
Reviewed By:
Date
Approved By:
c • '11 o-= - 13- zo 2. f
Director of Public Works Date
Uut,uolylI CI IVCIUpe IU. I O4441,I4-JW00-4,.. -fr ,DJ-Ur I Il.l,/1JJU7
Min"01-339(Back)
'kq (Rev.4-13/8)
Texas Sales and Use Tax Exemption Certification
This certificate does not require a number to be valid.
Name of purchaser,firm or agency
Burke Center
Address(Street&number,P.O.Box or Route number) Phone(Area code and number)
2001 South Medford Drive 936-639-1141
City,State,ZIP code
Lufkin, Texas 75901
I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable
items described below or on the attached order or invoice) from:
Seller: City of Port Arthur Texas
Street address: P.O. Box 1089 City, State, ZIP code: Port Arthur, TX 77640
Description of items to be purchased or on the attached order or invoice:
Any goods or services necessary to perform services conducted by Burke
Purchaser claims this exemption for the following reason:
Merchandise and services being purchased are for the use of Burke, a non-profit governmental entity, are being
made in the name of that organization and are being paid from its funds.
I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code and/or all applicable law.
I understand that it is a criminal offense to give an exemption certificate to the seller fortaxable items that know,atthe time ofpurchase,
will be used in a manner otherthan that expressed in this certificate,and depending on the amount of tax evaded,the offense mayrange
from a Class C misdemeanor to a felony of the second degree.
1-11rnaeuslgned by. Title Date
sign
here r �avi� ba.frt,►° CFO 11/18/2020 1 10:39 AM
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NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax"Exemption Numbers"or"Tax Exempt" Numbers do not exist.
This certificate should be furnished to the supplier.
Do not send the completed certificate to the Comptroller of Public Accounts.