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HomeMy WebLinkAboutPR 24792: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT WITH TOP MAINTENANCE SERVICES, LLC P.R. No. 24792 RN —03/11/2026 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND TOP MAINTENANCE SERVICES, LLC OF GROVES, 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, Top Maintenance Services, LLC of Groves, 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 Top Maintenance Services, LLC; and, WHEREAS, the Top Maintenance 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 Top Maintenance Services, LLC of Groves, 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 A.D., 2026, 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:fr Ron Burton, CP . City Manage / e•. A d Lyn . Boswell, Director of Fi ance Suhail Kanwar, P.E., M.S., CFM, ENV SP Director of Public Services 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 Top Maintenance Services, LLC, hereafter styled "Hauler,"whose business address and phone number are as follows: 6245 Gulfway Drive Groves, TX 77619 Telephone: (409) 300-4502 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 ,2026 Top Maintenance Services, LLC By: Name: Title: SIGNED and AGREED to on this day of ,2026 THE CITY OF PORT ARTHUR By: Name: Title: City Manager APPROVED: Suhail Kanwar Director of Public Services Landfill Authorized Maximum , , e h Charge Application 1 rh '-- Name/Address Last First Middle Initial Title Loredo Priscilla Cost Control Name of Business Top Maintenance Services, LLC Tax I D Number 81-2139132 Address 6245 Gulfway Dr Email Address. ploredo@topmaintenanceservices.com City Groves State TX ZIP 77619 Phone (409) 300-4502 Company Information Type of Business conyvytAtt oo In Business Since 2016 Legal Form Under Which Business Operates (Please Attach Articles of Incorporation,Partnership Agreement,DBA Certificate) Corporation [r Partnership Proprietorship If Division/Subsidiary, Name of Parent Company In Business Since Name of Company Principal Responsible for Business Transactions Title Jorge Mancilla Jr. President Address City State ZIP Cell Phone: Name of Company Principal Responsible for Business Transactions Title Address City- State ZIP- Cell Phone Bank References Institution Name Institution Name Institution Name Stellar Bank Checking Account# Savings Account#. Loan Loan Balance Address Address. Address: Phone/Email - Phone/Email PhoneErnail Trade References Company Name. Distribution Internationa Company Name Parker's Building Supply Company Name SPI LLC Contact Name. Contact Name Contact Name Address. Address Address Phone- (409)722-7263 Phone (409)898-7000 Phone (512)227-6819 Email: Email Email Account Opened Since Account Opened Since Account Opened Since 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 maximum monthly charge to be extended. Furthermore. I hereby author inancial institutions listed in this application to release necessary information to the company for which maximum charge re bein pplied for in order to verify the information contained herein :Signature Oat(' v. 2025 02 *".11 Top Maintenance Service,.: ********* Credit References Vendor References 1. Distribution International—Account# 6401 N Twin City Hwy Port Arthur,TX 77642-8219 Phone:409-722-7263 /2. Parker's Building Supply—Account# PO Box 200656 Dallas,Texas 75320-0656 Contact: Margarete Stehle Email: m.stehle@parkerlumber.com Office:409-898-7000 Ext 279905 3. SPI, LLC—Acct# 2715 Laurel St. Suite B Beaumont,Texas 77702 Contact: Melanie Benter, Email: Office: 512-227-6819 Contact Banking Information Priscilla Loredo Email: ploredo@topmaintenanceservices.com Stellar Bank Office:409-300-4502 5999 Delaware Street Beaumont, Texas 77706 Invoice Preference: Email Contact:Stephanie McLain Email: n,clainF.:'fJott;.Cc ':. Office:409-833-0814 Ext.5127 PO # REQUIRED ON ALL ORDERS • 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 Tyne Estimated Monthly Volume Compacted Waste Cubic Yards Non-Compacted Waste 100 Cubic Yards Appliances Number Whole Tires Number Tree limbs/Brush Cubic Yards Other 2. Identify in detail where the refuse will be generated? (primary picked up locations) • 3. Monthly Maximum Charge Amount Requested: 5 ,000. (,O 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 Iandfill 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. 01 . 2.1. Zoo Signature 4- 27Date v.2025 02 Below for Internal Use Only /OP ivia-uVre-/VhiVe 5ERVitiEs . Lec Company Name Comments Maximum Monthly Charge Approved Yes ‘/ No If Yes,Monthly Charge Limit $ 5,cool, - Deposit Amount Required $ 57)0/, Reviewed By: 04/31x046 Date Approved By: ✓ 3/iI/2402-6 Director of Public Works Date v.2025 02