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Home My WebLink AboutPR 24997 AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL REFUSE DISPOSAL City of nrt rthu �� www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 27, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Jessie Dehn, P.E., Director of Public Works RE: P.R. No. 24997—Authorizing the City Manager to execute a contract with J. Johnnie on the Spot, LLC, of Port Arthur,Texas, for the disposal of refuse at the City of Port Arthur Landfill Introduction: This agenda item requests City Council's approval to authorize the City Manager to execute an agreement with J. Johnnie on the Spot,LLC, of Port Arthur, Texas, for the disposal of eligible refuse at the City of Port Arthur's Landfill. Background: It is in the best interest of the City of Port Arthur to increase solid waste revenues by promoting the use of its sanitary landfill for the disposal of eligible refuse generated by commercial establishments. The City's sanitary landfill has adequate capacity to accommodate the additional waste anticipated to be deposited by J. Johnnie on the Spot, LLC, of Port Arthur, Texas. The proposed agreement is expected to generate additional solid waste revenues for the City, thereby providing additional financial support for the continued operation and maintenance of the City's sanitary landfill. Budget Impact: There is no budgetary impact. "Remember,eve are here to serve the Citizens of Port Arthur" Recommendation: It is recommended that the City of Port Arthur City Council approve PR 24997, authorizing the City Manager to execute an agreement with J. Johnnie on the Spot, LLC, of Port Arthur, Texas, for the disposal of eligible refuse at the City of Port Arthur's Landfill. P.R. No. 24997 RN - 06/24/2026 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND J. JOHNNIE ON THE SPOT, LLC OF PORT ARTHUR, 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, J. Johnnie on the Spot, LLC 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 J. Johnnie on the Spot, LLC; and, WHEREAS, the J. Johnnie on the Spot, 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 J. Johnnie on the Spot, LLC 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 City Council. imP 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: Christe Whitley Ned, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, City Mana er /OW/ yn Boswell, Director of Finance Jessie Dehn Director of Public Works P.R. No. 24997 EXHIBIT "A" OF 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 J. Johnnie on the Spot, LLC, hereafter styled "Hauler,"whose business address and phone number are as follows: 3300 Jimmy Johnson Suit 200 Port Arthur, Texas—77642 Telephone: (409) -724-6647 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. Fir 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 12026 J. Johnnie on the Spot, LLC By: Name: Title: SIGNED and AGREED to on this day of , 2026 THE CITY OF P ARTHUR By: Name: Title: City Manager APPROVED: Jessie Dehn Director of Public Works Landfill Authorized Maximum Charge Application :a �r ,•har'r_ Name/Address Last./1{f First Middle Initial: Title Tax I.D.Number Name of Business- • ti vxtmc L.n 1 to4.c Sii�} 1-Le- -‘'S- 4e Ci i i • Address ail Address. City 3 State ZIP* V y L Phone Company Information Type of Bus.ness:i.bl k_ickic Sate t j_�n ] -1, 1 In Business Since: l 7�a-/ Legal=crrn Under Which Business Operates:(Please Attach Arhus of Incorporate n,Partnership Agreement.OBA Certificate Corporation �' Partnersntp Proprietorship If Division Subsidiary Name of Parent Company In Business Since Name of Cornpa-y 7nncrpal Responsible for Business Transactions. Title. Addles City State: ZIP Cell Phone Name of Company Principal Responsible for Business Transactions Tide Address City State- 71=' Ce't Phone Bank References Si futon Nar'.e +' Institution Name: Institution Name k.st- f'\.Vx.✓LliCil Ching Account a Savings Account# Loan Loan Balance: Address: Address Andress: enr.i-r"[r- -11 )_- t . PhoneiEma+t sz. \ct{ Prone/Email PhoneEmail J Trade References - ' Corn oany Na--i� Company Name' ...JJJJ Contact None Contact Name' MN Address' r ✓/ mmi Phone- Phor:e Phone Email- En-al Email Account Opened Since: Account Opened Since: - Account Opened Since- C•edrt Limit Credit Limit Credit Limit: Current Balance 1111 Current Balance' 1111 Current Balance hereby certify that the iniormat.on contained herein is complete and accurate This rtonnation has been furnished with the understanding that it s to be used to determine the amount and conditions of the maxmum 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 charges are being applied for in order to verify the information contained herein (`r , 2 f -- 7 Le- % 2025 n' • f 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 Cubic Yards Non-Compacted Waste 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) ia.c) Ski kir,v I (l4r�thL� 10((-a 3. Monthly Maximum Charge Amount Requested: 5;0E90/`' 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 S2,500) 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. cat 4.6 - � l-Sign Date �.2025 02 WASTE MATERIAL PROFILE SHEET Profile# STEP 1: GENERATOR AND SITE INFORMATION Generator Name: t. tr,s `.�J ) L Job#: Location Generated: City: -e,ti din,u State: 1 Zip Code: —? (c L Z Telephone#: 7Z4-( EPA ID#: Generator Status: 11 LQG Cl SQG n CEG STEP 2: WHAT IS THE MATERIAL? ❑Used Oil ❑Non RCRA Solids ❑Solvent(>140'F) ❑Oil Filters ❑DIY Used Oil ❑Spill Clean Up Material ❑Water(>5%Petroleum Product) ❑Fuel Filters ❑Scrapyard Used Oil ❑Contaminated Sod ❑Machine Lubncating Oil ❑Brake Fluid ❑Hydraulic Oil ❑Sump Sludge ❑Machine Tool Cutting Oils/Machine Coolant ❑Oil&Water ❑Tank Sludge/Oily Solids ❑Fuel(Specify): ❑Emulsified Oil&Water ❑Spent Anti-Freeze ❑Fuel&Water(Specify): ❑Fats.Oils.&Grease ❑Industnal Wash Water Other(Specify):Netve (&OO4 rrtl Material with Polychlorinated Biphenyls(PCBs)—Certified Laboratory Analytical MUST be attached""" ❑i Non Detect PCB Oil-PCB Less Than 2 ppm ❑Non TSCA PCB Oil-PCB Less Than 50 ppm STEP 3: CATEGORIZE THE MATERIAL ,�,/� _/ Is the Material...,/ Reactive? ❑Yes LTiVo Mixed with Hazardous Waste? ❑Yes L�No Toxic? ❑Yes LYJ rvo Corrosive? ❑Yes ❑4 o Ignitable?(Flash Below 140-F) ❑Yes El-No STEP 4: HOW WAS THE MATERIAL GENERATED? The Generator is required by law to accurately characterize its waste materials under 40 CFR Part 262. Please descnbe how the material was generated.The Generator MUST explain ALL pertinent information in detail.Attach all relevant documents.such as Analytical Test results and Material Safety Data Sheets(MSDS) C-- ikerIV-@ -7Ta s ' "P-kd,--LAf (=tz* cLvv- sAcc STEP 5: GENERATOR CERTIFICATION AND GUARANTEE- Please Read and Sign Below As the generator ct the matera'described atc.e I cart fy that the.rformation contained in th.s document is 1C.0'.accurate and complete i further cert:hr that this materal does not cent.to a hazardous waste and has NOT teen mixed•nth any chlcnrated selsents or any other contaminants including.ar5 out tmdaton. PCB s,pestcides.or other hazardous wastes In the event that the rratenal descrbed,n this document n al fact a hazardous waste.or contains PCBs rendering it as a TSCA regulated material_I guarantee to pay all costs necessary far proper analysts.sansportatron.storage and disposal as nett as any fines or penaites resulting from inaccurately and or ncomolete Ticrrraton concerning the material described above Print Full Name: 3CZ. A Title: flu V�t Signature: Date: S — Zoo Z-(O RECEIVING FACILkITY-FOR INTERNAL USE [0 No Free Liquid Available to Test ❑Retained Sample Water Test °e Obtained By❑Process Knowledge❑Kolor Kut❑Distillation❑Clear Tube❑Hydro-Scout Hydro CLOR-D-TECT(PPM) ❑CLOR-D-TECT(PPM). pH. j Accepted ❑Rejected Print Full Name: Title: Signature:---_--_-_--_-_ �__-- Date: Tests/Explanation: :1o°2 t> • Below for Internal Use Only OHNNIE ON THESporLLf: Company Name Comments Maximum Monthly Charge Approved Yes No If Yes, Monthly Charge Limit S 5'e4— Deposit Amount Required S +cci- Reviewed By: 06� a31ao Date Approved By: Director of Public Works Date v. 2025 02