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HomeMy WebLinkAboutPR 22770: APPROVAL TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT INTEROFFICE MEMORANDUM Date: September 27, 2022 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Kandy Daniel, Interim Finance Director RE: P.R.22770 —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 Performance Blasting & Coating, L.P. 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. Performance Blasting& Coating, L.P. of Port Arthur, 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 Performance Blasting&Coating, L.P. of Port Arthur, Texas as discussed and/or outlined above. P.R. No. 22770 KD 9/27/22 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND PERFORMANCE BLASTING & COATING, L.P. OF PORT ARTHUR, 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, Performance Blasting & Coating, L.P. of Port Arthur, 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 Performance Blasting & Coating, L.P.; and, WHEREAS,the City and Performance Blasting&Coating,L.P.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 Performance Blasting & Coating, L.P. of Port Arthur, 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 September, 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. Tizeno, C. ttorney APPROVED FOR ADMINISTRATION: Ron Burton, City Manager KandyI176, Interim Finance Director EXHIBIT "A" Fir 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 Performance Blasting& Coating, L.P. hereafter styled"Hauler", whose business address and phone number are as follows: 610 Main Ave. Port Arthur, TX 77642 Telephone: 409-962-2222 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$2,500.00 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 September 2022. Performance Blasting& Coating, L.P. By: Name: Title: SIGNED and AGREED to on this day of September 2022. THE CITY OF PORT ARTHUR By: Name: Title: City Manager APPROVED: Director of Public Works ' , Landfill Credit Application r 'c.,. " r Name/Address Last First: Middle(Mier: Tttie Name of Business: /1 \ q lax I.D.{ yher Ct'ktCt+llnre3 actin Q 1,osf rj L� 7b'+Q?3 7 ins 0 Address:/ t 0 (y Q;^ !1 v e 1 Eniaii Address: ! ' Cil�C1 (�1 1l l l t'15 2 Pha " Cart l r-k4r r `t0i. �11„Q a .G(n. ,,n ).:Aa. Company Information Type of ausines in d al 4 % S �ti e_ _ �1 J1 Bustress Since: D I—h i,\ © ' t Legal Form Under Wnich Business perates:(Please Attach,._ ides of Inc crporalicr,.Paarrtneershp AgreementJ1BA(Cejlifp rtte) Corporation 0 Partnership L/ Proprietorship❑ If Division/Subsidiary,Name cf Parent Company: t,f A , Iv Business Since: 0„g7 Name terainyR p 1��.. o�sj�;¢� usi.nesss Transactions: Title: f f n/i 1_1 (y-i (J Addresttp;O��,Ll(2AA }I''ffx O�Cityy/2 t`• ft r rr vlezte:J ZIP: {/ (( ell Pf hhone>jlQi/j_,.. &0 J �/ 4 � Name of c f}merry Pri{��ip gesponssIble for Businesssit Transactions: T tle il/7'mj v (V1 Addres 'DOSCJX 2001 c P yk-hotYW4u,V State' ZlP:11L`iSCellPhone�lrvS��Z ZZ Bank References M S ``ttllll tt I tit`lsn Name „ Institution Name: Institution Name: ^^^1^^^-'^r Savings Account#: Loan: Loan Balance: —Address:" Address: Address: and c.s 11'? ( Phcrtgioq-7,. 5 asI le Phone: Phone: �•lI Trade References .1 Company Nam ` f Com an • p .1 +Conte r s Contact VIDzkio 4tnee'tar n (ivo ne`en clP e c,r;r,o_ '` �;�-ty t aA 1 st tc (-„s ed41e c, d ess� Phor.e:iQ'/.g ../I Aa© Phcryg C) 9 p,tJ V C C t 1co `f Phone: 09 . > ` t0�q Account Opened Since: "i AccoUrttOpeneedd Since: Account Opened Since: Credit Limit: oil _ � Credit Limit: N t, n Credit limit: �rt r riT r _ w.. ' 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 ills to be used to determine the amount and conditions of the credit to he 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 applted for In order to verify the information contained herein. I A /2:2-/ ?Aii2— signature Date ii 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 Esstimated Tenthly Volume 11:.1 ;;;aaa.V'ta ".aVna YaY Y Y�+' Compacted Waste Cubic Yards Non-Compacted Waste (} Cubic Yards Appliances Number Whole Tires Number II Tree limbs/Brush Cubic Yards !!1 Other i I -. adv.tif. a detail vea_a . mm m=m aenze ga:tr-.td? mnack__ �n _nrnt_nl_)loft-uva t e1�1 TA le + a rei 7 CF1 J1 3. Monthly Credit Amount Requested: o,Jt,) v C.+ Terms of Account • Hauler must have a signed contract in order to dispose of Refuse at Port Arthur's Landfill. 1 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. i - 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 i to the Landfill such the paidfull. allowed dVi:GSJ until time as account is in 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 connection with its use of the City's landfill. 27:400,L ¢ V 5- v ei!/"7i Signature Da . Below for Internal Use_Only 11 - 16tFor�M i<kt ° g1. 1 ? Leiril 1\-16) Company Name Comments Credit Approved Yes Y No I � If Yes, Monthly Credit Limit $ Z.)'3U0> Cam" Deposit Amount Required $ 2 )1) (I Reviewed By: Date II Approved By: 2 1 !recto f Public Wqr Date I l I I'