CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Adopt an Ordinance waiving competitive bidding and authorizing the City Manager to extend the existing Refuse Collection Contracts with Waste Management of Texas, for the City of Texarkana, Arkansas (BOD) (This item was added at the request of Director Travis Odom.)(Third Reading)

AGENDA DATE:  August 1, 2016 – Third Reading (July 18, 2016 - Second Reading; and July 5, 2016 - First Reading)

ITEM#:  9

DEPARTMENT: Board of Directors

DATE SUBMITTED: June 22, 2016

PREPARED BY:  Heather Soyars, City Clerk

SUBJECT:  Waive competitive bidding in regard to trash haulers.

EXHIBITS:  Ordinance

APPROVAL: 

(This item was added at the request of Director Travis Odom.)

 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY(This item was added at the request of Director Travis Odom.)

 

BOARD ACTION:  (This item was added at the request of Director Travis Odom.)

EMERGENCY CLAUSE:  No emergency clause is requested. 

 

 

 

ORDINANCE NO. ______

AN ORDINANCE WAIVING COMPETITIVE BIDDING; AUTHORIZING THE CITY MANAGER ENTER INTO REFUSE COLLECTION CONTRACTS WITH RICHARDSON WASTE II, INC., AND EDMONDSON TRASH SERVICE; AND FOR OTHER PURPOSES.

 

WHEREAS, solid waste collection within the City of Texarkana, Arkansas, is divided into three zones and, at present, each zone is serviced by a different solid waste refuse hauler; and

WHEREAS, the Refuse Collection Contracts with each hauler are each set to expire on September 30, 2016; and

WHEREAS, the Solid Waste Management Committee met on June 8, 2016, and again, in conjunction with a workshop of the entire Board of Directors, on June 13, 2016, and recommended that each of the three contracts be extended for an additional term of seven (7) years (beginning October 1, 2016, and ending September 30, 2023); and

WHEREAS, the recommendation for extension of contracts did not include a recommendation for adjustment of collection rates at this time; and

WHEREAS, by letter dated June 16, 2016, Waste Management of Texas indicated that it could not continue residential services beyond the current term of its contract without an increase in rates; and

WHEREAS, unless Waste Management of Texas timely agrees to the extension of its existing contract prior to expiration of the current term, then said contract will expire, and, on and after October 1, 2016, the zone currently serviced by Waste Management of Texas will be without a hauler; and

WHEREAS, it is, therefore, necessary to have a contingency in place to ensure continuity of service without interruption and to prevent emergency; and

WHEREAS, Richardson Waste II, Inc., and Edmondson Trash Service have each indicated a willingness and an ability to service a portion of such Waste Management of Texas zone (should Waste Management of Texas not elect to agree to the extension) under the same terms and conditions as would have applied to Waste Management of Texas had Waste Management of Texas otherwise agreed to the extension of its current agreement; and

WHEREAS, in the event of no extension of the existing Refuse Collection Contract with Waste Management of Texas, for the reasons set forth above (including, without limitation, the potential emergency nature of an interruption in residential solid waste collection services within the zone currently serviced by Waste Management of Texas), it is not feasible or practical to engage in competitive bidding for trash hauling services for such zone and, further, it is necessary to (i) waive any competitive bidding practices that might otherwise be required by applicable statute and ordinance as permitted by Ark. Code Ann. §14-47-138 and §2-27 of the Texarkana Code of Ordinances; (ii) divide the zone; and, (iii) contract with Richardson Waste II, Inc., and Edmondson Trash Service to, respectively, provide residential trash hauling services in the resulting portions of the zone on the same terms and conditions therein as otherwise would have applied to operations of Waste Management of Texas.

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas that:

Any competitive bidding practices that may be required by applicable law and ordinance are waived and, in the event that the existing Refuse Collection Contract with Waste Management of Texas is not extended as otherwise approved and authorized by this Board, then the City Manager is authorized divide the former Waste Management of Texas zone into separate areas as he may deem appropriate in his discretion and to enter into contracts with Richardson Waste II, Inc., and Edmondson Trash Service, to service the resulting areas on the same terms and conditions as would have otherwise applied to an extension of the existing Refuse Collection Agreement with Waste Management of Texas (though neither of Richardson Waste II, Inc., nor Edmondson Trash Service will be required to assume any preexisting liability, if any at all, arising out of or related to Waste Management of Texas’ prior operation in such zone or any portion thereof).

PASSED AND APPROVED this 1st day of August, 2016.

 

 

_____________________________

Ruth Penney Bell, Mayor

 

ATTEST:

 

________________________________

Heather Soyars, City Clerk

 

APPROVED:

 

________________________________

George M. Matteson, City Attorney

 

 

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