HomeMy WebLinkAboutPR 21914: APPROVAL TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT INTEROFFICE MEMORANDUM
Date: April 20, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Kandy Daniel, Interim Finance Director
RE: P.R.21914—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 Neches
Management 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. Neches Management Services 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 Neches Management Services of
Beaumont, Texas as discussed and/or outlined above.
P.R. No. 21914
KD 4/20/2021
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT
BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND NECHES
MANAGEMENT SERVICES 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, Neches Management Services 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 Neches Management Services; and,
WHEREAS, the City and Neches Management Services 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 Neches Management Services 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 April, 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:
41- ` ‘)/f _a-0 te/Av beit-a-V3
Valecia R. Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
Kandy Danie 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 Neches Management Services
hereafter styled "Hauler", whose business address and phone number are as follows:
1440 Spindletop Rd.
Beaumont, TX 77705
Telephone:
409-554-0966
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 April 2021.
Neches Management Services
By:
Name:
Title:
SIGNED and AGREED to on this day of April 2021.
THE CITY OF PORT ARTHUR
By:
Name:
Title: City Manager
APPROVED:
Director of Public Works
Landfill Credit Application .,-: ''-
Name/Address
Last: First Middle initial: Title
Diu��i;F Gar kr+n"er
Name of Business:
'C; • r, /. S •
Tar'n Number •
Address: ali ddreSs:
1 5 0 ,A,/le iv Rol
Em
City:, m StAle: ZIP: ��T"`sl v��,•hp.;gPcA-4. (: ,WI
.Pe .0 U v 1 x)'I-- '7 7 705 •1 Phine: i
Company Information
Type of Business: r h� p t/C In Business Since: n /•J
Legal Form Under�ch Business OFT
Operaftes:(Please ttach Articles of Incorporation,Partnership Agreement,DBA Certificate)
Corporation __ Partnership Proprietorship
If Division/Subsidia,y.Name of Parent Company:
In Business Since:
Name of Company Principal Responsible for Business T ansactions: Title: (��
Address: r;1rirrl r7_f('.l`� t7�r rte'r
City: Slate: zip.
Cell Phone:
Vc ly<,� (Uri- Neche, r 7'7 5 Name of Company Principal Responsible fo usir ess Transactions: Title:
Addr ss: •)'G� N[iY) c?C ,t f(�}V1 1r
City:f� Slate ZIP: Cell Phone:`
4) (auk: 1`?�2 tUr{ n�e FleS "77fo�?� q,,1-r)"` 3'`jj1i<
Bank References
institution Name: Institution Name;
Fi P c �"r nr�trte iri i j.1CL f I< Institution Name:
Chec in Account ft: r 1 Savings Account#: Loan:
/�14//cw115 0 Loan Balance:
Address: Address: Address:
53.5 Coal mutt br
Par 1- 4rfet,.4,/> 7'7r„i'i 2
Phone:
I�4_ r3�_`G�e/�� Phone: Phone:
Trade References
i Company Name: Company Name.
r r_L Ccmti)ff Nat5cs Company Name: .-
Contact Name�,hL 1 ( f Contact Name /CxGs �l ,,p4i/G�
""' Jr 4 k4ti/) I1rl�eu_i_ /77 7(,2, Contact Name:�t yytt�� 6c
Address: Address: tf �� !� 'llY'L.'[Ji;
�5 0 5 , a�r4 �.
Address:
4150 r-fari (:ow Po n (.4.(18It'.,
&ckairon4-, l)L 17707 �0.dlc.�oi PL 3 W ' 'lu.s, 7 "75-Qc,,6
Phone:L J,rJ_Sii3O_ �11 Phone:' yy / ^� Phone:
i Account Opened Since: Account pene Since: auU t O 'c c /,3 7
pAccount Opened Since:
Credit Limit: Credit Limit: Credit Limit:
Current Balance: Current Balance: Current Balance:
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.
Signs dre Date
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 � Cubic Yards
Non-Compacted Waste Cubic Yards
Appliances Number
Whole Tires / Number
Tree limbs/Brush / Cubic Yards
Other
2. Identify in detail where the refusy will be generated? (primary picked up locations)
t n 14144er Sr," (n Co6. st e
1
3. Monthly Credit Amount Requested: I5-®00P
Terms of Account
Hauler must have a signed contract in order to dispose of Refuse at Port Arthur's Landfill.
I lauler has the option to pay by cash or credit card on delivery.
I lauler 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
he 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
connectio 'rth f-the itv's landfill.
9-/o 2040
tare Date
Below for.Internal UsoOnly
tJea.es 'Ma, w9 chi'
Company Name
Comments G 40 x s if'Vo .1 .416, Jr 'coo ry+:n
Credit Approved Yes ✓ No
If Yes,Monthly Credit Limit $ Soo 0
Deposit Amount Required $ '°°D
Reviewed By:
Date
Approved By:
c- 4- 1 Li- 2u 2 0 2
Director of Public Works r Date