HomeMy WebLinkAboutPR 23154: APPROVAL TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT INTEROFFICE MEMORANDUM
Date: May 9, 2023
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Kandy Daniel, Interim Finance Director
RE: P.R.23154—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 Divas of
Construction, dba C & D Services.
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. Divas of Construction, dba C & D Services of
Nederland, 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 Divas of Construction, dba C & D
Services of Nederland, Texas as discussed and/or outlined above.
P.R. No. 23154
KD 5/9/2023
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT
BETWEEN THE CITY OF PORT ARTHUR,TEXAS AND DIVAS OF
CONSTRUCTION, DBA C & D SERVICES OF NEDERLAND,
TEXAS FOR THE PURPOSE OF DISPOSING OF REFUSE AT THE
CITY'S SANITARY LANDFILL.
WHEREAS, it is to the benefit of the Cityof Port Arthur(City)to increase its solid waste
revenues by promoting the use of its sanitary landfill; and,
WHEREAS, Divas of Construction, dba C & D Services of Nederland, 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 Divas of Construction, dba C & D Services; and,
WHEREAS, the City and Divas of Construction, dba C & D Services 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 Divas of Construction,dba C&D Services
of Beaumont,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 May, A.D., 2023, 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:
VA/7;J ttg /k— bitez
Valecia R. izeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
Cl�\Q y J 0,\.,‘. ../Z)
Kandy Da iel, Finance Director
EXHIBIT "A"
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 Divas of Construction, dba C &
D Services hereafter styled"Hauler", whose business address and phone number are as follows:
716 N. 31 St Street
Nederland, TX 77627
Telephone:
409-719-6974
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 May 2023.
Divas of Construction, dba C & D Services
By:
Name:
Title:
SIGNED and AGREED to on this day of May 2023.
THE CITY OF PORT ARTHUR
By:
Name:
Title:
City Manager
APPROVED:
Director of Public Works
II
Landfill Credit Application ort rth --
Name/Address
Last: Romero First: Kendell Middle Initial: Title Partner
Name of Business: Divas of Destruction,dba C&D Services Tax I.D. Number 83-1264363
Address: 1510 N.23rd Street Email Address: kr@divasofdestructioncd.org
City: Nederland State: TX ZIP: 77627 Phone: 4097196974
Company Information
Type of Business:Demolition and Land Development In Business Since: 2005
Legal Form Under Which Business Operates:(Please Attach Articles of Incorporation,Partnership Agreement,DBA Certificate)
Corporation J Partnership❑x Proprietorship J
If Division/Subsidiary, Name of Parent Company: Divas of Destruction,LLC In Business Since: 1 year
Name of Company Principal Responsible for Business Transactions: Title: Partner
Kendell Romero
Address: 716 N.31st Street City: Nederland State: TX ZIP: 77627 Cell Phone: 4097196974
Name of Company Principal Responsible for Business Transactions: Title: Partner
Sherri Shoefstall
Address: 1510 N.23rd Street City: Nederland State: TX ZIP: 77627 Cell Phone: 4097180117
Bank References
Institution Name: Chase Bank Institution Name: Institution Name: Mustang CAT
Checking Account#: Savings Account#: Loan: Loan Balance:
Address: Address: Address: Mustang CAT
2150 FM 365 NA PO BOX 4346
Nederland,TX 77627 Houston,TX 77210
Phone: 4097248107 Phone: Phone: 7134602000
Trade References
Company Name: Great Lakes Petro Company Name: Mustang CAT Company Name: 4-Horn Industrial
Contact Name: Gina Backlund Contact Name: Billing Dept Contact Name: Jamie Flares
Address: Address: Address:
PO Box 603243 Mustang CAT 4900 Bourque
Charlotte,NC PO BOX 4346 Nederland,TX 77627
28260-3243 Houston,TX 77210
Phone: 7048167451 Phone: 7134602000 Phone: 4092450777
Account Opened Since:6/28/2022 Account Opened Since: 5/2022 Account Opened Since:10/24/22
Credit Limit: Credit Limit: Credit Limit:
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 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.
12/19/22
Signature Date
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 0 Cubic Yards
Non-Compacted Waste 1600 Cubic Yards
Appliances 0 Number
Whole Tires 0 Number
Tree limbs/Brush 100 Cubic Yards
Other NA
2. Identify in detail where the refuse will be generated? (primary picked up locations)
Demolition of condemned homes on behalf of the City of Port Arthur
3. Monthly Credit Amount Requested: $5,000.00
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
connection with its use of the City's landfill.
12/19/22
Signature Date
Below for Internal Use Only
DI\I Pa CDC b M/UC'.fil Gild)D6 N G f D seievl e-c
Company Name
Comments
Credit Approved Yes ✓ No
If Yes,Monthly Credit Limit $ ,5 61)0.'
Deposit Amount Required $ Z j e.)6, d
Reviewed By:
Date
Approved By:
) / / // 5QS 7de3
rectdi Public W r Date