HomeMy WebLinkAbout50-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 50-24
File Number: 2023-1591
DIAMOND WASTE SERVICES, LLC. (SERVICE AGREEMENT):
A RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND
DIAMOND WASTE, LLC. TO HAUL AND DISPOSE OF SOLID WASTE WITHIN THE CITY
WHEREAS, in accordance with City Code, Diamond Waste has submitted a request for contract to haul solid waste
within the city limits of Fayetteville; and
WHEREAS, this agreement requires Diamond Waste to pay a monthly fee to the City of Fayetteville of 10% of the
gross revenue received for providing solid waste hauling services; and
WHEREAS, the term of the agreement will be two years with automatic renewals for two additional 2-year terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign an
agreement with Diamond Waste to haul and dispose of solid waste within the City for two years with automatic
renewals for two additional 2-year terms.
PASSED and APPROVED on February 6, 2024
Page 1
Attest: 0K11 i f RED
Kara Paxton, City Clerl reasurer — •
:A--:
;e O
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 6, 2024
CITY COUNCIL MEMO
2023-1591
TO: Mayor Jordan and City Council
THRU: Peter Nierengarten, Environmental Director
FROM: Daryl Brigman, Financial Analyst - RTC
DATE:
SUBJECT: A resolution to approve an agreement between the City of Fayetteville, Arkansas
and Diamond Waste to haul and dispose of solid waste in the City of Fayetteville
RECOMMENDATION:
Staff recommends City Council approval of a resolution with Diamond Waste for the hauling and disposal
of solid waste in the City of
Fayetteville.
BACKGROUND:
City Code 50. 29 - Private Collectors; Contract with City Required
No person, except a duly authorized agent or employee of the city, shall empty garbage or trash
receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of
the city, without a written contract with the city. (Code 1965, § 10- 46; Ord. No. 1194, 4- 6- 59;
Code 1991, § 50. 29)
In accordance with this City Code, Diamond Waste has submitted a request for contract to haul solid
waste within the city limits of
Fayetteville.
There are currently 15 approved franchise haulers operating in the city of Fayetteville. Attached
is a list of these haulers and the materials they are approved to haul.
DISCUSSION:
The hauling contract will permit Diamond Waste to collect and haul Class 1 and Class 4 solid waste using
open -top roll -off style containers with capacities of 20 cubic yards or greater, or roll -off style compactors
with capacities of 20 cubic yards or greater. No unseparated recyclables, with the exception of
construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of
Fayetteville.
The agreement requires Diamond Waste to pay a monthly fee to the City of Fayetteville of 10% of the
gross revenue received for providing solid waste hauling services.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The term of the agreement will be 2 years with automatic renewals for 2 additional 2- year
terms. Staff proposes approval for Diamond Waste to haul and dispose of solid waste within the City of
Fayetteville per the terms of the attached agreement.
BUDGET/STAFF IMPACT:
None
ATTACHMENTS: SRF (#3), 2023 Haul and Disposal Agreement - Diamond Waste Full Package (#4)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1591
A resolution to approve an agreement between the City of Fayetteville, Arkansas and
Diamond Waste to haul and dispose of solid waste in the City of Fayetteville
A RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE
AND DIAMOND WASTE, LLC. TO HAUL AND DISPOSE OF SOLID WASTE WITHIN THE
CITY
WHEREAS, in accordance with City Code, Diamond Waste has submitted a request for contract to haul
solid waste within the city limits of Fayetteville; and
WHEREAS, this agreement requires Diamond Waste to pay a monthly fee to the City of Fayetteville of
10% of the gross revenue received for providing solid waste hauling services; and
WHEREAS, the term of the agreement will be two years with automatic renewals for two additional 2-
year terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign an agreement with Diamond Waste to haul and dispose of solid waste within the City for two
years with automatic renewals for two additional 2-year terms.
Page 1
Daryl Brigman
Submitted By
City of Fayetteville Staff Review Form
2023-1591
Item ID
2/6/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/29/2023 RECYCLING/TRASH COLLECTION (750)
Submitted Date Division / Department
Action Recommendation:
A resolution to approve an agreement between the City of Fayetteville, Arkansas and Diamond Waste to haul and
dispose of solid waste in the City of Fayetteville
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Previous Ordinance or Resolution #
Approval Date:
Daryl Brigman
Submitted By
City of Fayetteville Staff Review Form
2023-1591
Item ID
2/6/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/29/2023 RECYCLING/TRASH COLLECTION (750)
Submitted Date Division / Department
Action Recommendation:
A resolution to approve an agreement between the City of Fayetteville, Arkansas and Diamond Waste to haul and
dispose of solid waste in the City of Fayetteville
Account Number
Project Number
Budgeted Item? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget
Fund
Project Title
$
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
WW'A
ggp CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 6, 2024
TO: Mayor and City Council
THRU: Peter Nierengarten, Environmental Director
CITY COUNCIL MEMO
FROM: Daryl Brigman, Financial Analyst — Recycling and Trash Collections
DATE: December 29, 2023
SUBJECT: A resolution to approve an agreement between the City of Fayetteville,
Arkansas and Diamond Waste to haul and dispose of solid waste in the City of
Fayetteville
RECOMMENDATION:
Staff recommends City Council approval of a resolution with Diamond Waste for the hauling and
disposal of solid waste in the City of
Fayetteville.
BACKGROUND:
City Code 50. 29 - Private Collectors; Contract with City Required
No person, except a duly authorized agent or employee of the city, shall empty garbage or trash
receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of
the city, without a written contract with the city. (Code 1965, § 10- 46; Ord. No. 1194, 4- 6- 59;
Code 1991, § 50. 29)
In accordance with this City Code, Diamond Waste has submitted a request for contract to haul
solid waste within the city limits of
Fayetteville.
There are currently 15 approved franchise haulers operating in the city of Fayetteville. Attached
is a list of these haulers and the materials they are approved to haul.
DISCUSSION:
The hauling contract will permit Diamond Waste to collect and haul Class 1 and Class 4 solid
waste using open -top roll -off style containers with capacities of 20 cubic yards or greater, or roll -
off style compactors with capacities of 20 cubic yards or greater. No unseparated recyclables,
with the exception of construction/demolition waste, shall be hauled from any customer within
the corporate limits of the City of Fayetteville.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The agreement requires Diamond Waste to pay a monthly fee to the City of Fayetteville of 10%
of the gross revenue received for providing solid waste hauling services.
The term of the agreement will be 2 years with automatic renewals for 2 additional 2- year
terms. Staff proposes approval for Diamond Waste to haul and dispose of solid waste within the
City of Fayetteville per the terms of the attached agreement.
BUDGET/STAFF IMPACT:
None
Attachments:
Franchise Haulers
Diamond Waste to Haul and Dispose of Solid
Waste in the City of Fayetteville
City of Fayetteville Franchise Haulers
Business
DBA
City
Contact
Address
Status
Expires
Activity
No
Hauling and disposal of solid waste and
36 Bella Vista Way
recyclable material within the city limits of
Allied Waste Services
Republic
Bella Vista, AR
Jennifer Fagan
Bella Vista, AR 72714
Approved 12/3/19
12/3/2025
Fayetteville.
1
Hauling and disposal of solid waste and
4208 Johnson Rd
recyclable material within the city limits of
Central Arkansas Recycling & Disposal
CARDS
Little Rock, AR
Jason Fitzgerald
Springdale, AR 72762
Approved 7/17/18
7/17/2024
Fayetteville.
2
Hauling and disposal of solid waste and
1041 Arbor Acres Ave.
recyclable material within the city limits of
Eco Vista Waste Management
Waste Management
Tontitown, AR
George Wheatley
Springdale, AR 72762
Approved 9/17/19
9/17/2025
Fayetteville.
3
Hauling and disposal of solid waste and
715 Main Street Cassville, MO
recyclable material within the city limits of
Marck Recycling
Rogers, AR
Kent Longley
65625
Approved 10/2/18
10/2/2024
Fayetteville.
4
Organic waste and recyclables hauling and
5213 S. 60th Place
composting within the city limits of
Ozark Compost & Swap, LLC
Fayetteville, AR
Ricky Ludeman
Rogers, AR 72758
Approved 9/7/21
9/7/2024
Fayetteville.
5
Hauling and disposal of solid waste and
PO Box 895
recyclable material within the city limits of
Ozark Dumpster Service, LLC
Springdale, AR
Brandon Hollenbeck
Springdale, AR 72765
Approved 12/3/19
12/3/2025
Fayetteville.
6
Hauling and disposal of solid waste and
10040 Devils Den Rd
recyclable material within the city limits of
Rubbish Removal and Roll -Off Rentals, LLC
Arkansas Waste Solutions
Winslow, AR
Brent Wells
Winslow, AR 72959
Approved 9/7/21
9/7/2027
Fayetteville.
7
Hauling and disposal of solid waste and
PO Box 68
recyclable material within the city limits of
Windstar Investments LLC
Thunder Struck
Rogers, AR
Gene Housley
Lowell, AR 72745
Approved 10/2/18
10/2/2024
Fayetteville.
8
Hauling and disposal of solid waste and
Ryan Truesdale/Jeff
8004 West Elsworth Street
recyclable material within the city limits of
On Point Dumpster Rental NWA, LLC
Rogers, AR
Woodcock
Rogers, AR 72758
Approved 7/19/22
7/19/2028
Fayetteville.
9
Hauling and disposal of solid waste and
715 Main Street
recyclable material within the city limits of
SPO Networks, Inc
SPO Recycling
Lowell, AR
Tom Smith/Moira MacLeod
Cassville, MO 65625
Approved 7/19/22
7/19/2028
Fayetteville.
10
Hauling and disposal of solid waste and
9338 W Forest Hills Dr.
recyclable material within the city limits of
EZest Solutionz LLC
Dumpster Dudez of Northwest Arkansas
Fayetteville, AR
Phil Ezell
Fayetteville, AR 72704
Approved 9/20/22
9/20/2028
Fayetteville.
11
Organic waste and recyclables hauling and
13935 Pyramid Drive
composting within the city limits of
Food Recycling Solutions, LLC
Rogers Ar.
Richard Ims
Rogers, AR 72758
Approved 10/4/19
10/4/2028
Fayetteville.
12
Hauling and disposal of solid waste and
2900 South City Lake Road
recyclable material within the city limits of
Hogeye Mfg. Co. Inc
Hogbox
Fayetteville Ar.
Lori Devecery
Fayetteville, AR 72701
Approved 9/17/19
9/17/2025
Fayetteville.
13
Hauling and disposal of solid waste and
36 848 Highway 264 E
recyclable material within the city limits of
Lakeshore Recycling Services
Inland Waste Solutions & Orion Waste Solutions
Bethel Heights, AR
Kevin Gardner
Bethel Heights, AR 72764
Approved 11/07/23
11/7/2029
Fayetteville.
14
Hauling and disposal of solid waste and
1302 NE loth St
recyclable material within the city limits of
Outbound Waste LLC
Bentonville, AR
Kade Fields
Bentonville, AR 72712
Approved 11/07/23
11/7/2029
Fayetteville.
15
Hauling and disposal of solid waste and
PO Box 797
recyclable material within the city limits of
Hamilton Alliance, Inc
Cicero, IN
Ana Farrah
Cicero IN 46034
Approved 11/07/23
11/7/2029
Fayetteville.
16
AGREEMENT TO HAUL AND DISPOSE OF
SOLID WASTE IN THE CITY OF FAYETTEVILLE
This Agreement (the "Agreement"), is entered into on this Uc day of f 9. 2024, between the City of
Fayetteville, Arkansas, a municipal corporation (the "City"), anctuziaa.jaze5A the "Hauler"),
and shall be in full force and effect on the date first written above, City and Hauler agree as follows:
1. The term of this Agreement shall be for two (2) years, with automatic renewals for two (2)
additional two (2) year terms, unless otherwise terminated pursuant to the terms hereof. Notice
of non-renewal by either City or Hauler shall be given at least thirty days prior to the end o the
current term.
2. Hauler agrees that from and after the original date of this Agreement, all customer ser'iice
Agreements for facilities within the corporate limits of the City, excluding residential areas,
entered into before or after the effective date of this Agreement, or renewed shall have terms of
no more than one (1) year and any subsequent extensions shall be for terms of no more than one
(1)year.No customer service Agreement shall extend the terms of this Agreement.
3. Hauler agrees and understands that it may only collect and haul Class 1 and Class 4 Solid Waste
and/or Recyclables using the type equipment commonly referred to as open-top roll-off style
containers with capacities of twenty (20) cubic yards or greater, or roll-off style compactor
containers with capacities of twenty(20) cubic yards or greater, containing waste generated from
industrial, large commercial or construction/demolition activities, or which is classified as
Special Waste, Hazardous Waste, grease or any other type Solid Waste which requires special
handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in other containers.
No unseparated recyclables, with the exception of construction/demolition waste, shall be hated
from any customer within the corporate limits of the City of Fayetteville. All hauled waste and/or
recyclables shall be suitably enclosed or covered as to prevent roadside littering.
4. In consideration of the right to provide the hauling of solid waste and/or recyclables described in
Item#3 above,Hauler agrees and understands that it shall be required to pay a monthly fee of:
ten (10%) percent (the "Solid Waste Fee") of the gross revenue received for providing solid
waste hauling services and five(5%)percent(the"Recycling Fee")of the gross revenue received
for providing the hauling of recyclables or construction/demolition waste to a permitted
construction and demolition waste sorting facility. Any construction/demolition waste that is not
hauled to and accepted by a permitted construction and demolition waste sorting facility or any
recyclables not accepted by a recycling facility or recycling broker shall be subject to the 10%
Solid Waste Fee.
5. Hauler agrees and understands that it shall deliver all Class 1 waste to a properly licensed landfill
facility and all Class 4 waste to a properly licensed landfill facility or a properly licensed
construction and demolition waste sorting facility. Hauler shall pay all tip fees to the
construction and demolition waste sorting facility operator, transfer station fees to the transfer
station operator and all landfill fees to the landfill operator, as they may be established and
amended, from time to time.
6. Hauler shall pay all fees due hereunder, along with submitting "Attachment A: Solid Waste
Documentation", or page 1 of Attachment A in conjunction with an agreed upon vendor
Page 1 of 6
generated report, on or before the 151 of each calendar month for the immediately prece dine
calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per
month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City ay
terminate this Agreement upon delivery of one (1) written notice to the Hauler. The suppoiling
information shall be sufficient to demonstrate the accuracy of the fee calculation, and hall
include the following information: (i) Hauler's worksheet calculating the fees remitted; (ii) list
of payments received from customers within the City; (iii) such list shall clearly indicate
whether each payment was from a permanent or temporary customer, and (iv) the fee shall be
based upon all activity from each customer account within the City, and shall include the normal
billing charges for all free or discounted services (including those for non-profit organizati)ns)
including but not limited to delivery, pull charges, disposal charges, transportation charges, nal
pull charges, and return charges. With payment remittance, the City will review and o tain
certain trade secret information, including rates, frequency of service, customer lists, and cther
customer information ("Confidential Information"). The City asserts this information is ex pt
from disclosure under the Arkansas Freedom of Information Act as the information meets the
exemption for records that "if disclosed would give advantage to competitors."
7. Hauler shall pay all fees due hereunder, along with submitting "Attachment B: Recycling
Documentation", on or before the 151 of each calendar month for the immediately preceding
calendar month. Payments of fees received after the due date shall be assessed a 10% penalty
per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City
may terminate this Agreement upon delivery of one (1) written notice to the Hauler. 17he
supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and
shall include the following information: (i) volumes of recycling collected, in tons, by
commodity, with disposition by destination market, for all recycling; (ii) volumes of
construction and demolition waste delivered to permitted construction and demolition w ste
sorting facility and percentage of material recovered. With payment remittance, the City will
review and obtain certain trade secret information, including rates, frequency of se "ce,
customer lists, other customer information, and contracts with recyclers and processing mills
("Confidential Information"). The City asserts this information is exempt from disclosure ur der
the Arkansas Freedom of Information Act as the information meets the exemption for records
that "if disclosed would give advantage to competitors."
0
8. The City shall have the right to conduct an audit of Hauler's customer files and records fol all
customers located within the City, provided that such audit privilege shall be limited to once per
calendar quarter. If such audit reveals the Hauler should have paid at least 5% more t an
reported, the cost of the audit shall be paid by the Hauler to the City. During such audit, the (.ity
may review and obtain certain trade secret information, including rates, frequency of se ce,
customer lists, and other customer information ("Confidential Information'). This informal ion
shall not be divulged to any third party by the City, its employees, officers, or elected offic als
without the express written consent of the Hauler, or as otherwise required by law. The ffity
asserts this information is exempt from disclosure under the Arkansas Freedom of Informa 'on
Act as the information meets the exemption for records that "if disclosed would give advantage
to competitors." This information will only be reviewed by City financial staff, and will not be
made available to City solid waste staff.
9. The City will advise Hauler of any request for information which the City, at the City's sole
discretion, determines to be non-disclosable or otherwise subject to an exemption ftDm
disclosure under the Arkansas Freedom of Information Act. If a court of competent jurisdiction
Page 2 of 6
determines that said requested information is disclosable or otherwise is not exempt om
disclosure under the Arkansas Freedom of Information Act, the City will comply with said
finding and notify Hauler. Discovery requests made to the City during the course of any
litigation, or any other subpoena or court order issued to the City for information or rec rds
related to Hauler and this Agreement, shall be promptly made known to Hauler.
10. Hauler agrees and understands that it shall submit to the City by June 301 on an annual basi : (i).
a list of all commercial vehicles used to provide services in the City; (ii) proof of approp 'ate
vehicle registration; (iii) and proof of the insurance required in the Agreement.
11. Hauler agrees and understands that it shall provide by June 301 on an annual basis: (i) a lilalid
t of
vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their
and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and
implementation of a plan to ensure that the vehicle operators maintain their commercial dri er's
licenses in accordance with applicable federal and state laws.
12. Hauler agrees that it shall provide by June 301 on an annual basis copies of valid and cuT rent
hauling and disposal permits from the Arkansas Department of Environmental Quality, the S Dlid
Waste District with jurisdiction, and any local permitting agency.
13. Hauler agrees that it shall comply with all federal, state and local laws applicable to the sa ty,
environmental and transportation matters related to providing solid waste collection services
under this Agreement. Hauler agrees that all open -top roll -off style containers will be prop rly
covered during transit on streets and highways within Fayetteville.
14. The City reserves the right to inspect all vehicles and containers to ensure that the vehicles are
safe and well -maintained and that all containers are well -maintained and water tight if
necessary.
15. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be
required to establish an individual credit or service relationship with the City of Fayette ille
transfer station operator. Hauler agrees that it shall comply with all practices, policies ind
procedures as established by the transfer station operator from time to time. Any tipping fee
deposits required by the transfer station or landfill operators shall be refunded, less any unf aid
tipping fees, when the Hauler ceases hauling activities governed by this Agreement.
16. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by
all of the terms and conditions as a matter of contractual obligation pursuant to applicable ffity
ordinances. This is a contractual Agreement and is not intended to be part of or relate in any N iay
to any license or ordinance created pursuant to A.C.A. §26-77-102.
17. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transfe ed
to any third part or affiliate.
18. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be he
's Enviro nta 'rector. The Point of Contact for the Hauler shall be
Communications pertaining to day-to-day aspects of is
on act shall be through these individuals. Either party may change its designated Point of
Contact upon ten (10) days prior written notice to the other party. i
Page 3 of 6
19. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, offs ers,
employees, agents, subcontractors, representatives and assigns from any loss, claim, liability,
penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental th reto
(including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i)
Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii)
Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the
City transfer station or a properly licensed landfill facility.
20. Insurance: Hauler shall maintain the following insurance coverage during the term of this
Agreement:
a) Hauler shall provide and maintain, during the term of this Agreement,
comprehensive general liability insurance, to protect against all claims arising out
of the performance of its services hereunder that result in bodily injury, death or
property damage. The policy or policies shall contain a clause that the insurer will
not cancel or decrease the insurance coverage without first giving the City sixty
(60) days notice in writing.
b) Upon written request, Hauler shall furnish the City with evidence that the
insurance required of it is in force.
c) City will be added as an additional insured on General Liability and Auto
Liability policies.
d) The types of coverage and limits of liability of all insurance required herein shall
be a follows:
COVERAGE
LIMITS OF LIABILITY
Worker's Compensation
Statuto
Employer's Liability
$500,000
Bodily Injury Liability except
Automobile
$1,000,000
each occurrence
Property Damage Liability Except
Automobile
$1,000,000
each aggregate
Automobile Bodily Injury
$1,000,000 each person
Comprehensive General
Liability
$1,000,000
each occurrence
Automobile Property
Damage Liability
$1,000,000
each occurrence
Excess Umbrella
Liability
$1,000,000
each occurrence
21. Termination:
a) Except as otherwise provided herein, if Hauler breaches this Agreement
defaults in the performance of any of the requirement or conditions contain
herein, and such breach continues for fifteen (15) days after the City has given I
Hauler written notice of such breach or default, the City may: (i) terminate t
Agreement no sooner than thirty (30) days after the date of written notice of st
Page 4 of 6
or
breach or default; (ii) cure the breach or default at the expense of the Ha aler;
and/or (iii) exercise any right or remedy to which it may be entitled by law.
b) The City may terminate this Agreement upon written notice to the Hauler i 7, the
Hauler makes an assignment for the benefit of creditors, or files a voluntary
petition in bankruptcy, receivership or insolvency, or files an answer in any
involuntary proceeding of that nature admitting the material allegations o the
petition, or if a proceeding in bankruptcy, receivership or insolvency shall be
instituted and such proceeding is not dismissed within sixty (60) days.
c) In the event that this Agreement is terminated for any reason, any amounts
payable to the City by Hauler for services rendered for any reason whatso[ver
shall become immediately due and payable as of the date of such termination.
22. All notices required or permitted under this contract shall be submitted in writing to the
party of this contract by electronic mail, return receipt requested, and by U.S. Mail, which 1
shall be effective three (3) days after deposit therein addressed to the following:
City of Fayetteville Ta m on L U
Environmental Director Attn:,
113 West Mountain Street
Fayetteville, AR 72701,
23. Hauler agrees and understands that this Agreement and documents submitted to the C ity
Pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedon of
Information Act request is presented to the City of Fayetteville requesting such non-exenipt
documents, such non-exempt documents shall be provided in a prompt and timely manner as
prescribed in the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101 et s q.).
Only legally authorized photocopying costs may be assessed for this compliance.
24. This Agreement shall be interpreted according to and enforced under the laws of the State of
Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No.
22.
25. A waiver by either party of any of the terms or conditions herein shall be limited to
particular instance, and shall not be construed as a general waiver of either party's right to
appropriate remedies for any other breaches by either party.
26. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court
of competent jurisdiction determines that any paragraph or subparagraph is invalid or
unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in 11
force and effect.
27. This contract constitutes the entire understanding of the parties and no Notification or var
of the terms of this contract shall be valid unless made in writing and signed by the
authorized agents of the City of Fayetteville and the Hauler.
28. Each of the undersigned warrants that he or she has the full right, power, and authority to
this contract on behalf of the party indicated for the purposes herein contained.
Page 5 of 6
29. To the extent a definition or a specific term is not provided herein but is nonetheless required by
the context, it is the intention of the parties to incorporate herein the definitions contained in
applicable law and regulation in effect as the date hereof, except to the extent subsequent law or
regulation shall expressly or implicitly mandate a revised definition.
30. The obligations of the parties to this Agreement, which by their nature would continue beyond
the termination, cancellation or expiration of this Agreement, shall survive the termination (for
any reason), cancellation or expiration of this Agreement.
IN WITNESS WHEREOF, we have hereunto set our ate fir t writt
CITY OF FAYETTEVILLE
r
ry W
By:
AME, Title
WITNESS:
KA RA PAX O , City Ck? City ,
%y,•.RKAN••
111iii i 110 i %���•
Page 6 of 6