HomeMy WebLinkAboutPR 14910: EMERGENCY CONTRACT WITH TRIANGLE WASTE SOLUTIONSinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City A1~torney r2,.,~
Date: September 4, 2008
Subject: P. R. No. 14910; Counci:L Meeting September 9, 2008
Attached is P. R. No. 14910 <~uthorizing an Emergency
Contract with Triangle Waste Solui~ions as to provide roll-off
boxes for garbage, drinking water, portable buildings, and
portable toilets in the case of an emergency or disaster with th.e
term of the agreement from January 1, 2009 to December 31, 2011.
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Attachment
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P. R. No. 14910
09/03/08 is
RESOLUTION NO.
A RESOLUTION AUTHORIZING AN EMERGENCY CONTRACT
WITH TRIANGLE WASTE SOLUTIONS AS TO PROVIDE
ROLL-OFF BOXES FOR GARBAGE, DRINKING WATER,
PORTABLE BUILDINGS, ANI> PORTABLE TOILETS IN
THE CASE OF AN EMERGENC`.~ OR DISASTER WITH THE
TERM OF THE AGREEMENT F]tOM JANUARY 1, 2009 TO
DECEMBER 31, 2011
WHEREAS, the City Council had entered into an Emergency
Agreement with Triangle Waste Solutions, with said Agr•eemen.t
expiring on December 31, 2008; and
WHEREAS, the City of Port Arthur desires to enter into a.n
Emergency Contract with Triangle Waste Solutions as to provide
roll-off boxes for garbage, drinking water, portable buildings, and
portable toilets in case of an emergency, as delineated in Exhibit
"A", with the term of the Agreement from January 1, 2009 to
December 31, 2011.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF Tf[E CITY
OF PORT ARTHUR:
Section 1.
true and correct.
Section 2.
That the facts and opinions in the preamble are
That the Cii~y of Port Arthur is herein
authorized to enter into an Emergency Contract with Triangle' Waste
Solutions as to provide roll-off boxes for garbage, drinking water,
portable buildings, and portable 1~oilets in case of an emergency,
in substantially the same form as delineated in Exhibit "A", with
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the term of the Agreement from January 1, 2009 to December 31,
2011.
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
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
NOES:
MayoY~
ATTEST:
TERRI HANKS, ACTING CITY SECRETARY
APPROVED AS TO FORM:
~^ i~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
EMERGENCY CONTRACT
TRIANGLE WASTE SOLUTIONS
(01/01/09-1,2/31/11)
WHEREAS, the City of Port. Arthur and Triangle Waste
Solutions have an existing Agreement that was approved by
Resolution No. 07-531, which expires on December 31, 2008; and
WHEREAS, the City of Port: Arthur and Triangle Waste
Solutions are herein entering int:o this Contract as to provide
roll-off boxes for garbage, drinking water, portable buildings
and portable toilets in case of a disaster; and
WHEREAS, a disaster is one that is declared by the Mayor,
the County Judge, the Governor, or by the President, for the
area encompassing the City of Port: Arthur.
NOW THEREFORE, the City of Port Arthur and the C'.ompany
agree as follows:
(1) The Company presently provides roll-off boxes for
garbage, drinking water, portable buildings, and
portable toilets.
(2) The prices for the rc>11-off boxes for garbage°,
drinking water, portable buildings, and portable
toilets may change due to fluctuations of supply
and demand. The Company agrees to provide the
City with updated price lists and inventories as
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reasonably requested and as needed for planning of:
disasters.
(3) In case of a declared disaster, the Company agrees
that the City of Port Ari~hur or an affiliated
governmental entity can. enter its premises and
take such roll-off boxes for garbage, drinking
water, portable buildings, and portable toilets
for the disaster on the following conditions:
(a) The City of Port Arthur or the
affiliated governrental entity shall
maintain a list of all specific roll-
off boxes for gark~age, drinking water,
portable buildings, and portable
toilets taken, wit=h the time and date
it was taken, who authorized the
taking, and the prospective use.
Description of
roll-off boxes for
garbage, drinking
water, portable
buildings, and
portable toilets Date
Taken Time
Taken City Official who
authorized it Prospective
use
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The City of Port .Arthur shall provide the
Company with a list. within ten (10) days of
the roll-off boxes for garbage, drinking
water, portable buildings, and portable
toilets that have been taken.
(b) The City of Port Arthur will pay for the
roll-off boxes for garbage, drinking water,
portable buildings,, and portable toilets at
the price for t:he roll-off boxes for
garbage, drinking water, portable buildings,
and portable toilets, which were advertised
ten (10) days prior to the declaration cf
disaster. If the provider had a governmer..t
rate, then the City of Port Arthur shall ~>e
charged the government rate as posted ten
(10) days prior to the declaration of
disaster.
(c) The City of Port Arthur shall pay for the
roll-off boxes fo:r garbage, drinking water,
portable buildings, and portable toilets usE=_d
within thirty (30) days after the provide°r
provides an itf=mined invoice, with a
certification that= the prices being charged
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are at or below the posted price, or that the
government rate is as delineated in
subsection (3)(b).
(4) It is at the sole discretion of the City as to
whether to obtain roll-off boxes for garbage,
drinking water, portable: buildings, and portable
toilets from any particu7_ar provider.
(5) This agreement commences from January 1, 2009 and
shall continue until December 31, 2011. It can be
terminated with thirty (30) days notice by either
party. Nevertheless, it cannot be terminated by
the provider during the period of the disaster.
(6) Notice can be provided as follows:
CITY OF PORT ARTHUR
444 4th Street
Port Arthur, TX 77640
ATTN: City Manager
PROVIDER:
Mr. Tony Broussard
TRIANGLE WASTE SOLUTIONS
4956 Bourque Road
P. 0. Box 1714
Nederland, TX 77627
(409) 727-0511 (phone number)
(409)727-4098 (facsimile number)
cleverett@trianglewaste.com (e-mail address)
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SIGNED ON this the day of 2008.
CITY' OF PORT ARTHUR
BY:
SIGNED ON this the day of
2008.
TRIP.-NGLE WASTE SOLUTIONS
BY:
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