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Home My WebLink AboutPR 12081:AMERICAN WASTE SERVICEPUBLTC WORKS DEPARTMENT COUNCt'L ACTION MEMO TO FROM SUB3ECT DATE Steve Fitzgibbons, City Manager Leslie E. McMahen, P.E., Director of Public Works P.R. #12081 February 3, 2003 RECOMMENDATZON Zt is recommended that the City Council approve Proposed Resolution No. 12081 authorizing the Director of Public Works or his designee to execute a commercial refuse disposal contract between the City of Port Arthur and American Waste Services, Ltd. of Port Arthur, Texas for the purpose of depositing refuse at the City's Sanitary Landfill. BACKGROUND In order to increase the City's solid waste revenues, American Waste Services, Ltd. has expressed an interest in using the City's sanitary landfill to deposit a significant amount of refuse from commercial establishments. Since the City's landfill has adequate capacity to handle the additional waste deposited by American Waste Services, Ltd. a contract has been developed that could net the City additional solid waste revenues. Section 86-83 of the Code of Ordinance will need to be amended to adjust this rate prior to its approval of this Resolution. BUDGETARY/FZSCAL EFFECT Payments from American Waste Services, Ltd. for use of the City's landfill will be deposited into Account No. STAFFTNG/EMPLOYEE EFFECT None. SUMMARY It is recommended that the City Council approve Proposed Resolution No. 12081 authorizing the Director of Public Works or his designee to execute a commercial refuse disposal contract between the City of Port Arthur and American Waste Services, Ltd. of Port Arthur, Texas for the purpose of depositing refuse at the City's Sanitary Landfill. Leslie E. McMahen, P.E. Director of Public Works file c:\cams\amedcanwaste P,P.. No. 12081 01/29/03 vkJ RESOLUTION NO. A RESOLUTZON AUTHORIZi'NG THE DJ'RECTOR OF PUBLlrC WORKS OR H?S DES*rGNEE TO EXECUTE A COMMERC]'AL REFUSE DTSPOSAL CONTRACT BETWEEN THE Ct'TY OF PORT ARTHUR, TEXAS AND AMER/CAN WASTE SERVI'CES,, LTD. OF PORT ARTHUR, TEXAS FOR THE PURPOSE OF DEPOSt'T[NG REFUSE AT THE CITY'S SANt'TARY LANDF]'LL WHEREAS, it is to the City of Port Arthur's benefit to increase its solid waste revenues by promoting the use of its sanitary landfill; and, WHEREAS, American Waste Services, Ltd. of Port Arthur, Texas has expressed an interest in using the City's sanitary landfill to deposit a significant amount of its eligible collection volume from commercial establishments 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 American Waste; and, WHEREAS, the City and American Waste have developed a contract that could net the City additional solid waste revenues that will provide additional support for the operation of the City's sanitary landfill; now, therefore, BE i'T RESOLVED BY THE ClrTY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT the Director of Public Works or his designee be and is hereby authorized to execute a Commerdal Refuse Disposal Contract between the City of Port Arthur and American Waste Services, Ltd. of Port Arthur, Texas, a copy of said contract being attached hereto and made a part hereof as Exhibit "A"; and P.R. No. 1208! Page #2 THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council; and, READ, ADOPTED AND APPROVED this the A.D. 2003 at a following vote: Ayes: Mayor: Councilmembers: day of ~ meeting of the City of Port Arthur, Texas by the Noes: Attest: City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons City Manager Leslie E. McMahen, P.E. Director of Pubic Works file c:\res\amedca nwaste Mayor · ' Exhibit P.R. No. 12081 1 of 4 COMMERCZAL REFUSE DTSPOSAL CONTRACT This contract is between American Waste Services, Ltd., whose business address and phone number is P.O. Box 1882, Nederland, TX 77627, (409) 724-7823 and the City of Port Arthur, acting by its Director of Public Works or his designee and hereafter styled American Waste Services, Ltd. is a hauler of commercial waste and has agreed to bring a significant amount of their commerdal refuse volume to the City landfill. American Waste Services, Ltd. shall not collect or transport any refuse from within the City, except wt-~re engaged in or providing a type of service not provided by the City, such as roll-off boxes, compaction units or recycling containers. So long as American Waste Services, Ltd. brings in at least the following amounts of eligible commerdal refuse per month to the City's landfill, the following rates and policies shall apply: 1. The refuse disPOSal rates shall be as follows: a. Less than 5,000 cubic yards per month b. 5,000 cubic yards to 10,000 cubic yards per month c. I~tOre than 10;000 cubic yards per month $6.50/cubic yard of non-compacted material $5.50/cubic yard of non-compacted material $4.50/cubic yard of non-compacted material The City will determine the volume of each load based on truck-mounted body capadty, capadty of roll-off boxes, or capadty of other delivery methods. The City will, consistent with its landfill permit, endeavor to change its gate times through the Texas Commission. on Environmental C~uality as to accommodate to the maximum extent possible the expected usage of the landfill by American Waste Services, Ltd. 4. City wilt provide documented/identJfied gate tickets at the end of each day to American Waste Services, Ltd. 5. American Waste Services, Ltd. will pay for each day's business on the next business day. IlL tf American Waste Services, Ltd. does not bring at least 5,000 cubic yards of commercial refuse per month to the City's landfill, they will be charged at $6.50 per cubic yard and the policies as delineated in Section 86.79 of the Code of Ord)nances of the City of Port Azthur shall apply. IV. American Waste Services, Ltd. shall idenUff the commercial refuse to be disposed of and where it was generated. deposit refuse at the City's landfill. American Waste Services, Ltd. shall then be able to Vw American Waste Services, Ltd. shall pay all arrears as prescribed herein, and failing to do so sha~[ pay a late fee of ten percent (10%) of the arrears. If collection proceedings are required, American Waste Systems, ltd. shall also pay attorney fees and court costs. VL The Director of Public Works or his designee has the discreUon to not allow American Waste Services~ Ltd. access to the landfill if American Waste Sendces, Ltd. has a poor credit record with the City's landfill, wan~ to depesit refuse that is not allowed in the landfill, er refuses to state where the waste was generated. Exhibit "A" P.R. No. 12081 2of4 Exhibit P.R. No. 12081 VII. 3of4 In further consideration, American Waste Services, Ltd. agrees to release the City and its employees from any and all damages or injuries directly resulting from the negligent actions of American Waste Services, Ltd.'s employees while using the City's landfill, and agrees to indemnify and hold harmless the City, its agents and employees, from all liability, damages, injuries, claims, causes of actions, and expenses adsing in direct connection with its use of the City's landfill. Vii:t. This contract shall be from month to month, but may be cancelled by either party upon the giving of ten (10) days' written notice, mailed to the respective address as indicated below: American Waste Services, Ltd. ATTN: Tony Broussard P.O. Box :t882 Nederland, 'IX 77627 SIGNED AND AGREED to on this the A.D., 2003. CiW of Port Arthur A'I-TN: Director of Public Works P.O. Box 1089 Port Arthur, TX 77641-1089 Provided, that this contract may be immediately cancelled by the City without prior written notice, upon the failure of American Waste Services, Ltd. to pay the prescribed fees or upon the violation of any rules governing the use of the City's landfill. day of , AHER[CAN WASTE SERVICES, LTD. By: SIGNED AND AGREED to on this the A.D., 2003, day of Exhibit P.R. No. 12081 4of4 ~ OF PORT ARTHUR By: Director of Public WOrks or his Designee