HomeMy WebLinkAboutPR 16761: NON-EXCLUSIVE CONTRACT WITH TRIANGLE WASTE IN CASE OF EMERGENCY interoffice
MEMORANDUM
To: Mayor, City Council, and City Manager U"
From: Valecia R. Tizeno, City Attorney
Date: December 2, 2011
Subject: P. R. No. 16761; Council Meeting December 13, 2011
Attached is P. R. No. 16761 authorizing a non - exclusive
contract with Triangle Waste Solutions as to provide roll -off
boxes for garbage, drinking water, and portable toilets in the
case of an emergency or disaster with the term of the agreement
from January 1, 2012 to December 31, 2014.
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Attachment
z.pr16761_memo
P. R. No. 16761
12/02/11 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING A NON - EXCLUSIVE
CONTRACT WITH TRIANGLE WASTE SOLUTIONS AS TO
PROVIDE ROLL -OFF BOXES FOR GARBAGE, DRINKING
WATER, AND PORTABLE TOILETS IN THE CASE OF AN
EMERGENCY OR DISASTER WITH THE TERM OF THE
AGREEMENT FROM JANUARY 1, 2012 TO DECEMBER 31,
2014
WHEREAS, the City Council had entered into an Emergency
Agreement with Triangle Waste Solutions, with said Agreement
expiring on December 31, 2008; and
WHEREAS, the City of Port Arthur desires to enter into a non -
exclusive contract with Triangle Waste Solutions as to provide
roll -off boxes for garbage, drinking water, and portable toilets in
case of an emergency, as delineated in Exhibit "A ", with the term
of the Agreement from January 1, 2012 to December 31, 2014.
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 of Port Arthur is herein
authorized to enter into a non - exclusive contract with Triangle
Waste Solutions as to provide roll -off boxes for garbage, drinking
water, and portable toilets in case of an emergency, in
substantially the same form as delineated in Exhibit "A ", with the
term of the Agreement from January 1, 2012 to December 31, 2014.
s.pr16761
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
, A.D., 2011, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
NOES:
Mayor
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
\(;rL JA V V — s • -o l
CITY ATTORN
APPROVED FOR ADMINISTRATION:
CITY MANAGER
s.pr16761
EXHIBIT "A"
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
EMERGENCY CONTRACT
TRIANGLE WASTE SOLUTIONS
(01/01/12- 12/31/14)
WHEREAS, the City of Port Arthur and Triangle Waste
Solutions have an existing Agreement that was approved by
Resolution No. 08 -380, which expires on December 31, 2011; and
WHEREAS, the City of Port Arthur and Triangle Waste
Solutions are herein entering into this Contract as to provide
roll -off boxes for garbage, drinking water, and portable toilets
in case of a disaster; and
WHEREAS, a disaster is one that is declared by the Mayor,
the County Judge, the Governor, or by the President, for the
area encompassing the City of Port Arthur.
NOW THEREFORE, the City of Port Arthur and the Company
agree as follows:
(1) The Company presently provides roll -off boxes for
garbage, drinking water, and portable toilets.
(2) The prices for the roll -off boxes for garbage,
drinking water, and portable toilets may change
due to fluctuations of supply and demand. The
Company agrees to provide the City with updated
price lists and inventories as reasonably
requested and as needed for planning of disasters.
s.emergency contract_triangle waste solutions_2012
(3) In case of a declared disaster, the Company agrees
that the City of Port Arthur or an affiliated
governmental entity can enter its premises and
take such roll -off boxes for garbage, drinking
water, and portable toilets for the disaster on
the following conditions:
(a) The City of Port Arthur or the
affiliated governmental entity shall
maintain a list of all specific roll -
off boxes for garbage, drinking water,
and portable toilets taken, with the
time and date it was taken, who
authorized the taking, and the
prospective use.
Description of Date Time City Official who Prospective
roll -off boxes for Taken Taken authorized it use
garbage, drinking
water, and portable
toilets
s.emergency contract_triangle waste solutions_2012
The City of Port Arthur shall provide the
Company with a list within ten (10) days of
the roll -off boxes for garbage, drinking
water, and portable toilets that have been
taken.
(b) The City of Port Arthur will pay for the
roll -off boxes for garbage, drinking water,
and portable toilets at the price for the
roll -off boxes for garbage, drinking water,
and portable toilets, which were advertised
ten (10) days prior to the declaration of
disaster. If the provider had a government
rate, then the City of Port Arthur shall be
charged the government rate as posted ten
(10) days prior to the declaration of
disaster.
(c) The City of Port Arthur shall pay for the
roll -off boxes for garbage, drinking water,
and portable toilets used within thirty (30)
days after the provider provides an itemized
invoice, with a certification that the prices
being charged are at or below the posted
price, or that the government rate is as
delineated in subsection (3)(b).
s.emergency contract_triangle waste solutions_2012
(4) It is at the sole discretion of the City as to
whether to obtain roll -off boxes for garbage,
drinking water, and portable toilets from any
particular provider.
(5) This agreement commences from January 1, 2012 and
shall continue until December 31, 2014. It can be
terminated with thirty (30) days notice by either
party. Nevertheless, it cannot be terminated by
the provider during the period of the disaster.
(6) Notice can be provided as follows:
CITY OF PORT ARTHUR
444 4 Street
Port Arthur, TX 77640
ATTN: City Manager
PROVIDER:
Mr. Greg Gabriele
TRIANGLE WASTE SOLUTIONS
1000 S. Business Park Drive
Port Arthur, TX 77640
P. O. Box 1714
Nederland, TX 77627
(409) 736 -3600 (phone number)
(409)736 -2572 (facsimile number)
cleverett @trianglewaste.com (e -mail address)
s.emergency contract_triangle waste solutions_2012
SIGNED ON this the day of , 2011.
CITY OF PORT ARTHUR
BY:
SIGNED ON this the day of , 2011.
TRIANGLE WASTE SOLUTIONS
BY:
s.emergency contract_triangle waste solutions_2012