HomeMy WebLinkAboutPR 21966: $25,000.00 CONTRACT WITH JORGE MORALES, TO PERFORM DUTIES AND RESPONSIBILITIES OF A LANDFILL SUPERINTENDENT City of 3'
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: May 18, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Alberto Elefano, P.E., Public Works Director
RE: P.R. 21966—Authorizing the City Manager to amend the original under
$25,000 contract with Jorge Morales to perform the duties and responsibilities
of a landfill superintendent by extending the contract term through July 16,
2021, and increasing the contract amount to a not to exceed amount of$50,000.
Introduction:
The intent of this Agenda is for the City Council to authorize the City Manager to amend the
original under$25,000 contract with Jorge Morales to perform the duties and responsibilities of
a landfill superintendent by extending the contract through July 16, 2021, and increasing the
contract amount to a not to exceed amount of$50,000.
Background:
The City of Port Arthur landfill requires an A license to be able to be able to function per Texas
Commission of Environmental Quality (TCEQ). The City has two existing employees in the
landfill with an A license. These two employees were unavailable due to sickness in the months
of March,April and May 2021. The landfill currently has a regular employee with an A license,
however, the landfill needs contingencies in place for when an A licensed employee is
unavailable. The division is in the works to get an additional three (3) A licensed employees.
We anticipate this to be in place in the next 60 days. In the meantime, the City is seeking for
City Council to approve for the City Manager to amend the contract with Jorge Morales to
perform essential duties and responsibilities in the landfill. Jorge Morales was essential in our
TCEQ inspections for the landfill and made significant improvements to the operation of the
landfill.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Budget Impact:
Funds are available in Professional Services, Account number 403-50-320-5420-00-00-000-
Recommendation:
Approval of P. R. No. 21966 authorizing the City Manager to amend the original under $25,000
contract with Jorge Morales by extending it to July 16, 2021. This contract revises the not to
exceed amount of$23,980 to $50,000.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No . 21966
5-18-21 ace
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
THE ORIGINAL UNDER $25, 000 CONTRACT WITH JORGE
MORALES TO PERFORM THE DUTIES AND RESPONSIBILITIES
OF A LANDFILL SUPERINTENDENT BY EXTENDING THE
CONTRACT TERM THROUGH JULY 16, 2021, AND INCREASING
THE CONTRACT AMOUNT TO A NOT TO EXCEED AMOUNT OF
$50 , 000 . 00 ; FUNDING IS AVAILABLE IN PROFESSIONAL
SERVICES, ACCOUNT NUMBER 403-50-320-5420-00-00-000
WHEREAS, the City of Port Arthur landfill requires an A
license to be able to function per Texas Commission of
Environmental Quality (TCEQ) ; and,
WHEREAS, the City has two existing employees in the
landfill with an A license and these two employees were
unavailable due to sickness in the months of March, April and
May 2021 ; and,
WHEREAS, the landfill currently has a regular employee
with an A license, however, the landfill needs contingencies
in place for when an A license employee is unavailable; and,
WHEREAS, the landfill division is in the works to get an
additional three (3) A licensed employees and this will happen
within the next 60 days; and,
WHEREAS, Jorge Morales was essential in our TCEQ
inspections for the landfill and made significant improvements
to the operations of the landfill; and,
WHEREAS, the City Council of the City of Port Arthur
finds it to be in the interest of the citizens of Port Arthur
to authorize the City Manager to amend the original under
$25, 000 contract with Jorge Morales to perform the duties and
responsibilities of a landfill superintendent by extending the
contract term through July 16, 2021, and increasing the
contract amount to a not to exceed amount of $50, 000 .
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 authorized to amend
the original under $25, 000 contract with Jorge Morales to
perform the duties and responsibilities of a landfill
superintendent by extending the contract term through July 16,
2021 and increase the amount to a not to exceed amount of
$50, 000, in substantially the same form as attached as Exhibit
"A", subject to final approval by the City Council.
Section 3 . That a copy of the Resolution shall be spread
upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A. D. , 2021, at a Regular Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote:
AYES:
Mayor:
Councilmembers :
NOES:
Thurman "Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Val Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton
City Manager
Alberto Elefano, PE
Director of Public Works
APPROVED AS TO AVALIABILITY OF FUNDS:
° /JILL
Kandy Daniel Cli on Williams, CPPB
Interim Finance Director Purchasing Manager
Exhibit "A"
AMENDED AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES
That this Agreement is made between the City of Port Arthur, Texas hereinafter
referred to as "City" and Jorge Morales, hereinafter referred to as the "Contractor."
I. DURATION AND TERMINATION
That this Agreement shall be for a maximum of eight (8) 17 weeks beginning
March 22, 2021 and shall remain in effect until May 17, 2021 July 16, 2021. Either
party may terminate this Agreement upon fifteen (15) days written notice without
cause, or for cause by giving the other notice in writing five (5) days prior to
termination. It is understood and agreed that if Contractor is incapable of performing
the services described herein, all rights to further compensation under this Agreement
are to be invalid.
II. PROFESSIONAL SERVICES TO BE PERFORMED
Contractor shall perform the duties and responsibilities of a Landfill
Superintendent (See attached Job Description). The Contractor shall comply with the
policies of the City of Port Arthur.
III. COMPENSATION
Compensation shall be at $45.00 per hour plus per diem ($99/day). Appropriate
work-related expenses, computer and facility access, as necessary for the effective
performance of the required job duties, may be provided and/or reimbursed as
determined appropriate by the City Manager. The Contractor shall safeguard all records
and maintain confidentiality of records and information encountered in the course and
scope of his job duties. The hours of work shall be mutually agreed upon by the City
Manager of the City of Port Arthur and Jorge Morales and shall not exceed 45 hours per
week unless approved by the City Manager, and subject to the Contractor's other
commitments. Jorge Morales will be considered an independent contractor for the City.
OTHER BENEFITS
That all benefits resultant from this contract are delineated herein, and no other
benefits promised by any City officer shall be binding on the City.
IV. INDEMNITY
It is understood and agreed that Contractor is independent contractor. The CITY
hereby agrees to indemnify CONTRACTOR, to the extent permitted by law or the extent
to which such coverage is available to CITY employees and officials, against any
liability, claim, cause of action, damage, personal injury or death rising out of or in
connection with the services performed or to be performed by CONTRACTOR pursuant
to this Agreement when CONTRACTOR is acting within the scope of his employment.
V. PROFESSIONAL LIABILITY INSURANCE
The City will provide legal services or pay any judgment rendered against Contractor
for any suit or claim arising out of the performance of the Contractor's duties as
outlined herein unless it is determined that said performance was the result of
malfeasance or negligence.
VI. NONDISCRIMINATION
The Contractor hereby agrees that no person shall, on the grounds of race, creed,
color, handicap, national origin, sex, political affiliation, or beliefs, be excluded from, be
denied the benefits of, or be otherwise subjected to discrimination as regards to any
services or activity under this contract; and hereby gives assurance the Contractor will
immediately take any measure necessary to effectuate Agreement.
SIGNED AND AGREED TO on the day of 2021.
CONTRACTOR
Jorge Morales
CITY OF PORT ARTHUR
Ron Burton, City Manager
CITY OF PORT ARTHUR
JOB TITLE: LANDFILL OPERATIONS SUPERINTENDENT EXEMPT: X
REPORTS TO: DIRECTOR OF PUBLIC WORKS NON-EXEMPT:
DEPARTMENT: PUBLIC WORKS DIVISION:
LANDFILL
SALARY RANGE: 47
DEFINITION
To plan, organize, supervise and review the services and activities of the City's Landfill of the Water
Utilities Department and to provide technical staff assistance to higher level staff.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Director of Public Works.
Exercise direct supervision over Landfill personnel.
EXAMPLES OF IMPORTANT RESPOSIBLITIES AND DUTIES—Essential and other important
duties and responsibilities may include,but are not limited to,the following:
Essential Responsibilities and Duties:
Plan, organize and supervise crews of skilled personnel in the maintenance and operations of the
City Landfill.
Assist in coordinating Landfill services and maintenance activities with other City departments,
divisions and sections and with outside agencies.
Supervise,train, and evaluate personnel.
Assist in the administration of the Utility Department's Landfill Division
budget.
As needed or required,review andlor prepare Texas Commission on environmental Quality
(TCEQ) mandated reports prior to submittal.
Assist as needed with the collection of residential and commercial refuse.
Maintain time,material and equipment use records.
Maintain landfill logs including but not limited to: daily log, leachate log,
downtime report, etc.
Other Important Responsibilities and Duties:
Represent the Landfill Division at related meetings, community activities, and/or conferences.
CITY OF PORT ARTHUR
Landfill Operations Superintendent
Research issues and problems as required.
Perform related duties as assigned.
QUALIFICATIONS
Knowledge of:
Methods,practices and equipment used in Municipal Landfill/Solid Waste
design and operation.
Types and level of services and activities generally performed in a residential and commercial
refuse collection.
Principles of personnel supervision and training and evaluation.
Procedures and techniques of budget administration.
Record keeping and reporting procedures.
Occupational hazards and standard safety precautions necessary in this type of work.
Ability to:
Maintain mental capacity which allows the capabilities to:
• exercise sound judgment and rational thinking under stressful
circumstances
• evaluate various options and alternatives and choose an appropriate
and reasonable course of action.
• prepare complex policies and recommendations
• effectively supervise personnel
• operate effectively in an economically and culturally diverse
environment.
Maintain physical condition which will allow the capability to perform the
following:
• walking or standing for extended periods of time
• climbing stairs or ladders
• inspecting projects on varying terrain and with inherent obstacles
Updated 1/11‘18
CITY OF PORT ARTHUR
Landfill Operations Superintendent
Maintain effective audio-visual discrimination and perception for:
• making observations
• reading and writing
• operating necessary and assigned equipment
• communicating orally or verbally with others
Supervise Solid Waste services and activities.
Keep records and make reports.
Communicate effectively,both orally and in writing.
Supervise, train, and evaluate assigned personnel.
Establish and maintain cooperative working relationships with those contacted in
the course of work.
Experience and Training Guidelines
Any combination of experience and training that would likely provide the
required knowledge and abilities is qualifying. A typical way would be:
Experience:
Five years of increasingly responsible experience performing Landfill and/waste
collections duties, including two years in a supervisory capacity.
Training:
Equivalent to completion of the twelfth grade supplemented by specialized training in
personnel supervision and a field of work-related waste collection is required. Some
college level education is desirable.
Updated Ili lit
CITY OF PORT ARTHUR
Landfill Operations Superintendent
License or Certificate:
Possession of,or ability to obtain, an appropriate Texas driver's license.
Possession of,or ability to obtain within 6 months of appointment, a Texas
Commission on Environmental Quality(TCEQ) Municipal Solid Waste Class A License.
"This job description is not an employment agreement or contract. The above statements
are intended to describe the general nature and level of work being performed by
individuals assigned to this job. They are nor intended to be an exhaustive list of all
responsibilities, duties, and skills required of personnel so classified in this position. Due
to major duty changes, technology and service demands, the City of Port Arthur has the
exclusive right to alter this job description at any lime.
Signature/Approval
Y
to
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Department Director or Supervisor
Date
Updated I/IIIIB