HomeMy WebLinkAboutPR 22399: APPROVAL OF A COMMERCIAL REFUSE DISPOSAL CONTRACT WITH AMERICAN WASTE MANAGEMENT SERVICES INTEROFFICE MEMORANDUM
Date: February 14, 2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Kandy Daniel, Interim Finance Director
RE: P.R.22399—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
American Waste Management Services, Inc.
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. American Waste Management Services, Inc. of
Warren, Ohio 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 American Waste Management Service,
Inc. of Warren, Ohio as discussed and/or outlined above.
P.R. No. 22399
KD 2/14/2022
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT
BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND
AMERICAN WASTE MANAGEMENT SERVICES, INC. OF
WARREN,OHIO 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,American Waste Management Services, Inc. of Warren, Ohio 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 American Waste Management Services, Inc.; and,
WHEREAS, the City and American Waste Management Services, Inc. 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 American Waste Management Services,
Inc. of Warren,Ohio,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 March, A.D., 2022, 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:
Valecia R. izeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
Kandy Da iel, Interim Finance Director
EXHIBIT "A"
COMMERCIAL REFUSE DISPOSAL CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS:
This contract 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 American Waste
Management Services, Inc. hereafter styled"Hauler", whose business address and phone number
are as follows:
One American Way
Warren, Ohio 44484
Telephone:
330-856-8800
I
Hauler shall agree to all terms as outlined in Ordinance 18-74 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$5,000.00 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 March 2022.
American Waste Management Services, Inc.
By:
Name:
Title:
SIGNED and AGREED to on this day of March 2022.
THE CITY OF PORT ARTHUR
By:
Name:
Title: City Manager
APPROVED:
Director of Public Works
ray
:a
Landfill Credit Application
'"
or( rthu
7...n
Name/Address
Last: McMahon First. Kenneth Middle Initial: j Title President
Name of Business: American Waste Management Services, Inc. T l.D.Numb�c
11
Address: One American Way Email Address: kmcmahon@awmsi.comt
City: Warren State: OH ZIP: 44484 Phone: 330-856-8800
Company Information iiii
Type of Business: Waste Broker In Business Since: 1986
Legal Form Under Which Business Operates:(Please Attach Articles of Incorporation,Partnership Agreement,OBA Certificate)
Corporation 6 Partnership`1 Proprietorship I i
If Division/Subsidiary,Name of Parent Company:Avalon Holdings, Inc. In Business Since: 1998 •
�� ii
Nan- en MCIVIa7y 10f1 cipal Responsible for Business Transactions: Title: President
A tes:AMmCnp�erican Way City: Warren State:OH ZIP: 44484 Cell Phone: 11 J •
�NVII
Narrte•ootC op n f1W rind al Responsible for Business Transactions: Title: ►,(/
Vice President /
Address: City: State: ZIP: Cell Phone: 7.
One American Way Warren OH 44484
Bank References
Institution Name: Institution Name: Institution Name:
Premier Bank t
C ing Account#: Savings Account#: Loan: Loan Balance:
Acts: Address: Address:
275 W. Federal St
PO Box 1111
Youngstown, PA 44501
Phone: 330-742-0205 Phone: Phone:
Trade References
Company Name:Heritage Waste Company Name: US Ecology Company Name:Southern Logistics
Contact Name: Marisol Mendoza COcrepl'apeWuSecology.COm Contact Name:Nancy Harshberger
Address: g19 Vulcan Rd Address:101 S. Capitol, Ste 1000 Address: 116 Fairhope Ave
Benton, Ark 72015 Boise, ID 83702 Fairhope, AL 36532
Phone: 501-776-5660 Phone: Phone: 251-928-7888
Account Opened Since: Account Opened Since: Account Opened Since:
Credit Limit: Credit Limit: Credit Limit:
Current Balance: Current Balance: Current Balance:
i
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.
,kienneth I McMahon 2/07/2022
Sgnalurn Date
AMERICAN WASTE MANAGEMENT SERVICES,INC.
A Subsidiary of Avalon Holdings Corporation
One American Way
Warren,OH 44484-5555
Dear Vendor: In order to process your invoices,please complete and return the following information to
One American Way,Warren,OH 44484,or fax to(330)856-8482.
Legal Name of Company L1'ry o 1 o,^J 4r -h
Name under which we will be billed: C, j-f y o f PO r-- A r 4-1)U Po
Company Address: , Remit To: 1 l go.( 16
LyLi +' 54-r¢efi fort (44,,Y 7K r796, 1
Per 4 r-h,„ - rY7bYO
Please complete the following for Federal Identification reporting requirements:
Federal Taxpayer Duns
Identification Number: , . _- Number:
Is
your Company Incorporated? X Yes No Exempt from backup withholding? _ Yes _No
Corporation _LLC _Partnership S Corp.__IndividuaUSole Proprietor
The Certification of the above information on this form is true,correct and complete.
Authorized Signature Date Title
Kelsi Kramer
Billing contact: Name: Invoice Terms:45 DAYS
Phone: Fax:
American Waste Management Services,Inc.
A Subsidiary of Avalon Holdings Corporation
Billing invoicing®awmsi.com Accounts Payable Contact: Kelsi Kramar
Address: One American Way Email:kkramar®avalonholdings.com Phone:330-856-8835
Warren,OH 44484 Fax: 330-856-8482
(330)856-8800 Phone
(330)856-8482 Fax 'Trade References:
*Publically traded under Avalon Holdings...AWX
Federal I.D. Number
Bank: Premier Bank Heritage Waste Services US ecology
Account# 819 Vulcan Rd, 101 S.Capitol Blvd.Suite 1000
Address: 275 W.Federal St Benton,AR 72015 Boise,ID 83702
PO Box 1111 contact:Marisol Mendoza Credit Department
Youngstown,OH Email.mmendmA;heritage-nviro.cor Email creditapp@usecology.com
44501-1111 (P)501-776-5660
Contact/Local Bank Southern Logistics Inc Environmental Specialists,Inc
Joe Fanto 116 Fairhope Ave 1000 Andrews Ave
Phone: 330-742-0205 Fairhope,AL 36532 Youngstown,OH 44505
Email: JFanto®homesavings.com contact-Nancy Harshberger contact-Denise Walls
email nancyh(asouthemlogists.net email dwalls@esrecyclmgcom
(P)251-928-7888 (P)888-331-3443
Hauler Questionnaire
1. 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 NonHaz Nonindustrial Soil
2. Identify in detail where the refuse will be generated? (primary picked up locations)
Currently,we have unwanted soils from the USCOE from a Port Arthur levee construction project
We have profiled and gotten TCEQ approval for 30K cyds over the next 1 year. At this time we h;
2500 cyds of soil ready to dispose of.
3. Monthly Credit Amount Requested: $50,000
Terms of Account
Hauler must have a signed contract in order to dispose of Refuse at Port Arthur's Landfill.
Hauler has the option to pay by cash or credit card on delivery.
Hauler 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 $2,500) 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
be 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
connecti n with its of he City's landfill.
-2/ /c01-,.1-----
Si ature Date
Below for Internal Use Only
LMk ` eg,„ I
Company Name
Comments _-_--
Credit Approved Yes V No
If Yes,Monthly Credit Limit $ 6o) OW.
Deposit Amount Required $ 5) ow .
Reviewed By:
Date
Approved By:
D Z. ZO Z
recto(1roublic!� Dat