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HomeMy WebLinkAboutPR 24511: COMMERCIAL REFUSE DISPOSAL CONTRACT WITH BLACK FOX SERVICES, LLC P.R. No. 24511 AL-08/27/2025 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND BLACK FOX SERVICES, LLC OF WEATHERFORD, TEXAS FOR THE PURPOSE OF DISPOSING OF REFUSE AT THE CITY'S SANITARY LANDFILL LOCATED AT 4732 W. HWY 73, BEAUMONT,TX 77705. 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 located at 4732 W. Hwy 73, Beaumont, TX 77705; and, WHEREAS, Black Fox Services, LLC of Weatherford,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 Black Fox Services, LLC; and, WHEREAS, the City and Black Fox Services, LLC 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; and, WHEREAS, this contract will commence upon issuance of the notice to proceed and shall remain in effect until all obligations have been fully performed; or terminated by the City pursuant to the terms of the contract attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: 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 Black Fox Services, LLC of Weatherford, 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 City Council. READ, ADOPTED,AND APPROVED on this day of September, A.D., 2025, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor: Councilmembers: NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, City Manager Lynda Boswe 1, I3irector of finance 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 Black Fox Services, LLC hereafter styled "Hauler", whose business address and phone number are as follows: 2111 Old Garner Rd Weatherford, TX 76088 Telephone: 682-294-0021 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$ 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, 2025. Black Fox Services, LLC By: Name: Title: SIGNED and AGREED to on this day of September, 2025. THE CITY OF PORT ARTHUR By: Name: Title: City Manager APPROVED: Flozelle C. Roberts, Director of Public Works Landfill Authorized Maximum Charge Application ve2t 'Ott, Name/Address First:LastMiddle Initial: Title Fox James L President/CEO F Tax I.D.Number Name of Business; Black Fox Services, LLC Address: Email Address: amescaneamblaCkfOX.COm 2111 Old Garner Rd 1 City: State: TX ZIP: 76088 Phone 682-294-0021 Weatherford Company Information Type of Business: In Business Since: 2020 Enviornmental Legal Form Under Which Business Operates:(Please Attach Midas of Incorporation,Partnership Agreement,DBA Certificate) Corporation X Partnership Proprietorship If Division/Subsidiary,Name of Parent Company In Business Since: N/A Name of Company Principal Responsible for Business TransactionlafrlP.S Fox PrP.SI(IPnt/C FC) Address: City: State: ZIP: Cell Phone. 9111 C)Iri rlarnar Rri 1Naatharfnrri TX 7RIRA qdn-tc2 1 c1R1 Name of Company Principal Responsible for Business Transactions I inC�Sey Title: Controller an Address:21 1 1 Old Garnei�Rd Weatherford T5%6088ZIP817-980- 08 ne Bank References Institution Name Institution Name: Institution Name: Clear Fnrk Bank / Clear Fork Bank Checking Account#: Savings Account#: Loan: Loan Balance: Address: Address: Address: 1031 E Hubbard St 1031 E Hubbard St Mineral Wells, TX 76067 Mineral Wells, TX 76067 Phone/Email Phone/Email PhoneEmail 940-654-2761 Adn-Rd-27R1 Trade References C0.610��5� dear o r1(.. �. Company Name Company Name: Company Name Hanes GeV Ferguson Waterworks Stinstate Fquipment Contact Nam Contact Bell Contact Name.Greg Higgins Contact Name: Jefemy Svensson i t Address: Address: Address: Phone. 817-471-6917 ' Phone: 817-600-8074 Phone. 972-245-5656 Email: Email gregory.higgins@ferguson,corn Email: .Inhn hell@hanescnmpanies nom jeremy.svenssonasunstateeouio.com Account Opened Since: 2020 Account Opened Since: 2020 Account Opened Since: 2020 Credit Limit:25,000 Credit Limit: 30,000 Credit Limit: 15,000 Current Balance: 0 Current Balance: 0 Current Balance: 0 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 maximum monthly charge to be extended. Furthermore,I hereby authorize the financial institutions listed in this application to release necessary information to the company for which maximum charge are being app,eyir in order to verify the information contained herein. Si natur, Late' 2025 02 Hauler Questionnaire I. 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 350 Cubic Yards Non-Compacted Waste 0 Cubic Yards Appliances 0 Number Whole Tires 0 Number Tree limbs/Brush 0 Cubic Yards Other Sludge/bio solids .1. tom 2. Identify in detail where the refuse will be generated? (primary picked up locations) 3707 Central Blvd.Nederland,TX 3. Monthly Maximum Charge Amount Requested: 80,000 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 a charge is requested from the City of Port Arthur,the following conditions apply: - Maximum monthly charge must be approved by the Director of Public Works. - An advance deposit(minimum$2,500)is required if maximum monthly charge 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. Si Date v.2025 02 Below for Internal Use Only MIXCL C.CS 1-1—C> Company Name t &1 t artrICC>5 Comments �� Maximum Monthly Charge Approved Yes V No If Yes,Monthly Charge Limit $ Q U, 00.66 61) Deposit Amount Required $ Of/0 P O- Reviewed By: 0044\ 6 46 q_[2:71.z� Date Approved By: d ZU'' for Public or Date v.2025 02