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Home My WebLink AboutPR 15176: TRIANGLE WASTE SOLUTIONS - EMERGENCY CONTRACTinteroffice MEMORANDUM To: Mayor, City Council, and City Manager (~ From: Valecia R. Tizeno, First Assistant City Attorneyf Date: April 2, 2009 VV Subject: P. R. No. 15176; Council Meeting April 7, 2009 Attached is P. R. No. 15176 rescinding Resolution No. OS-380 and authorizing a new Emergency Contract with Triangle Waste Solutions as to provide roll-off boxes for garbage, drinking water, portable buildings, and portable toilets in the case of an emergency or disaster with the term of the agreement from April 7, 2009 to December 31, 2011. VRT:gt Attachment Cc: TRIANGLE WASTE SOLIITIONS z.pr151'!6_memo P. R. No. 15176 03/30/09 GT RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTION N0. 08-380 AND AUTHORIZING A NEW EMERGENCY CONTRACT WITH TRIANGLE WASTE SOLUTIONS AS TO PROVIDE ROLL- OFF BOXES FOR GARBAGE, DRINKING WATER, PORTABLE BUILDINGS, AND PORTABLE TOILETS IN THE CASE OF AN EMERGENCY OR DISASTER WITH THE TERM OF THE AGREEMENT FROM APRIL 7, 2009 TO DECEMBER 31, 2011 WHEREAS, the City Council had entered into an Emergency Agreement with Triangle Waste Solutions on September 9, 2008 by Resolution No. 08-380; and WHEREAS, Triangle Waste has requested that the Emergency Contract be revised as delineated in Exhibit "A"; and WHEREAS, the City of Port Arthur desires to enter into an 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 April 7, 2009 to December 31, 2011. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CZTY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Resolution No. 08-380 is herein rescinded. z.pr15176 Section 3. That the City 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 toilets in case of an emergency, in substantially the same form as delineated in Exhibit "A", with the term of the Agreement from April 8, 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., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor NOES: Mayor ATTEST: CITY SECRETARY APPROVED S TO FORRM: ` U CITY ATTORNE OtJ ~Q-hi~lP Q~~ z.pr151~6 APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr151~6 EXF11~iT ~A" STATE OF TEXAS 5 5 COIINTY OF JEFFERSON ~ EMERGENCY CONTRACT TRIANGLE WASTE SOLIITIONS (01/01/09-12/31/11) 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 into 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 Company 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 roll-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 z.emergency contract triangle waste solutions_2009 reasonably requested and as needed for planning of disasters. (3) In case of a declared disaster, the Company agrees that the City of Port Arthur or an affiliated governmental entity will contact Triangle waste and obtain prior approval before entry on its premises and that a representative of Triangle Waste must be present at the time of entry, at which time the City of Port Arthur or an affiliated governmental entity will 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 governmental entity shall maintain a list of all specific roll- off boxes for garbage, drinking water, portable buildings, and portable toilets taken, with the time and date it was taken, who authorized the taking, and the prospective use. z.eme rgency contract triangle waste solutions_2o09 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 The City of Port Arthur shall provide the Company with a list 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 the roll-off boxes for garbage, drinking water, portable buildings, and portable toilets, which were advertised ten (10) days prior to the declaration of disaster. If the provider had a government rate, then the City of Port Arthur shall be charged the government rate as posted ten (10) days prior to the declaration of disaster. z.emergency contra ct_triangle waste solutions_2009 (c) The City of Port Arthur shall pay for the roll -off boxes for garbage, drinking water, portable buildings, and portable toilets used within thirty (30) days after the provider provides an itemized invoice, with a certification that the prices being charged 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 particular 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 ARTHIIR 444 4`h Street Port Arthur, TX 77640 ATTN: City Manager z. emergency contract triangle waste solutions 2009 PROVIDER: Mr. Tony Broussard TRIANGLE WASTE SOLUTIONS 1000 5. Business Park Drive Port Arthur, TX 77640 P. O. Box 1714 Nederland, TX 77627 (409)727-0511 (phone number) (409)727-4098 (facsimile number) clevergtt_varian~ aste,com (e-mail address) SIGNED ON this the day of 2009. CITY OF PORT ARTHUR BY: SIGNED ON this the day of 2009. TRIANGLE WASTE SOLUTIONS BY: z.emergency contract triangle waste solutions_2o09