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Home My WebLink About145-24 RESOLUTIONE' 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 145-24 File Number: 2024-108 BOSTON MOUNTAIN SOLID WASTE DISTRICT (SERVICE AGREEMENT): A RESOLUTION TO APPROVE A THREE-YEAR CONTRACT WITH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT WITH UP TO FOUR AUTOMATIC ONE-YEAR RENEWALS BASED ON A RATE OF FIFTY CENTS ($.50) PER RESIDENT PER YEAR FOR SOLID WASTE SERVICES PROVIDED TO THE CITY OF FAYETTEVILLE AS A MEMBER OF THE DISTRICT 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 approves a three-year contract, a copy of which is attached to this Resolution, with the Boston Mountain Solid Waste District with up to four automatic one-year renewals based on a rate of fifty cents ($0.50) per resident per year for solid waste services provided to the City of Fayetteville as a member of the District. PASSED and APPROVED on June 4, 2024 Page 1 eye 8c, .ter 3; FAYE=ITEVILLL;� z• •'�. 'V C-3 *A., V5.,�/ +IO, ,, CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 4, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Peter Nierengarten, Environmental Director SUBJECT: Contract for membership in the Boston Mountain Solid Waste District 2024-108 RECOMMENDATION: Approve a resolution to pay annual membership assessment fees to the Boston Mountain Solid Waste District BACKGROUND: The City of Fayetteville is located within the jurisdiction of the Boston Mountain Solid Waste District (BMSWD) that includes Washington and Madison counties. Member governments in the BMSWD are required to pay an annual fee of fifty cents ($0.50) per capita for membership in the District. The Official 2020 US Census population of Fayetteville (93,949) is used to calculate the fee. DISCUSSION: Membership in the Boston Mountain Solid Waste District (BMSWD) ensures that Fayetteville has representation on the BMSWD Board. Additionally, the City's membership provides assesses to BMSWD grants, helps fund household hazardous waste collection, and supports education and outreach programs. The term of the agreement is for three years with four one-year renewals. BUDGET/STAFF IMPACT: The Recycling and Trash Collection Division has budgeted for this expense. Payments are to be made quarterly to the Boston Mountain Solid Waste District. ATTACHMENTS: SRF (#3), BMSWD Contract for Service (#4), BMSWD Res 2021-05 (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-108 Contract for membership in the Boston Mountain Solid Waste District A RESOLUTION TO APPROVE A THREE-YEAR CONTRACT WITH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT WITH UP TO FOUR AUTOMATIC ONE-YEAR RENEWALS BASED ON A RATE OF FIFTY CENTS ($.50) PER RESIDENT PER YEAR FOR SOLID WASTE SERVICES PROVIDED TO THE CITY OF FAYETTEVILLE AS A MEMBER OF THE DISTRICT 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 approves a three-year contract, a copy of which is attached to this Resolution, with the Boston Mountain Solid Waste District with up to four automatic one-year renewals based on a rate of fifty cents ($0.50) per resident per year for solid waste services provided to the City of Fayetteville as a member of the District. Page 1 Peter Nierengarten Submitted By City of Fayetteville Staff Review Form 2024-108 Item ID 6/4/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/10/2024 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: Approve a resolution to pay annual membership assessment fees to the Boston Mountain Solid Waste District. 5500.750.5000-5303.00 Account Number Project Number Budgeted Item? Yes Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Fund Project Title $ 58,656.00 $ 58,656.00 $ 46,975.00 11,681.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF Contract for Services FAY E T T E V I L L E Between: City of Fayetteville, AR & A R K A N S A S Boston Mountain Solid Waste District Term: Three years with four one-year renewals This agreement is entered into on this 4th day of June , 2024 between the City of Fayetteville, hereinafter known at the "City" and the Boston Mountain Solid Waste District, hereinafter known as "BMSWD", an Arkansas governmental unit. WHEREAS, every ten (10) Years the United States Government sets forth new census figures as the official U.S. Census figures from each city and county in the Boston Mountain Solid Waste District; and WHEREAS, BMSWD passed Resolution No. 2021-05 on the 21" of November, 2021, setting forth the 2020 Census Data as the official statistics for BMSWD and such Resolution passed by BMSWD; WHEREAS, the City of Fayetteville is considered a District member of the Boston Mountain Solid Waste District which serves the citizens of Fayetteville. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and BMSWD agree as follows: The Boston Mountain Solid Waste District Resolution No. 2021-05 is attached and incorporated herein as a part of this agreement. The City agrees to pay BMSWD at a rate of fifty cents ($.50) per citizen, per year rate to be billed quarterly. Statements are intended to be provided to the City within 45 days after the beginning of each quarter. Payments are intended to be made to BMSWD by the end of the quarter. 3. It is agreed that BMSWD will use the U.S. Census population figures for various numerical calculations including to plan for future and current programming needs. 4. The City and BMSWD agree to use the 2020 Census or the most recent census conducted by the U.S. Census. 5. BMSWD passed Resolution No. 2021-05 stating "These figures are thus sufficient to set the quarterly membership assessment, beginning with 1" quarter 2022 fees, for District members: Madison and Washington County, and the cities of Elkins, Farmington, Fayetteville...". 6. BMSWD agrees to make available all records pertaining to the district plans for providing service, except those restricted by federal regulations, for review by the City and City auditors as requested. BMSWD agrees to comply with the Arkansas Freedom of Information Act as applicable. For the purpose of the Agreement, the Project Coordinator for the City will be the Mayor or his/her designee. The Project Coordinator for BMSWD will be Robyn Reed or his/her designee. Communications pertaining to this agreement will be through the respective Project Coordinators for the City and BMSWD. Terms of performance. The term of performance for this agreement will expire December 31, 2027 but shall be automatically be renewed and extended for up to an additional four (4) one- year terms if the City's budget containing funding for the service is approved by the City Council for the next year. BMSWD shall provide ano maintain in fo, ce at all times during the term o` the agreement, for its own emplcyees, coverage for worker's compensation to the extent required by law 10 Notices. All notices required or permitted under this agreement wil' be submitted in writing to the other party in this agreement by personal delivery or the address below, or by certified mail, return receipt requested, in which case notice will be effective three (3) business days after deposit therein address to the follow rig. Mayor City of Fayetteville, AR 113 Mountain Fayettev.11e, AR 72701 Robyn .Reed, Director BMSWD 11398 Bond Road Prairie Grove, AR 72753 y 1 Neither party may assign any of its rights or obligations under this agreemert without the express written consent of the other, nor shall this agreement be construed to bestow any rights or benefits upon anyone other thar BMSWD and the City. 12. The parties agree and understand that this Agreement is excuusive of any and all other agreements, and that t in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agreements. 13 A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance and shad not be corstrued as a general waiver of any other breeches by either party 14. This Agreement constitutes the entire understanding of the parties, and no mod ficat on or variation of the terms of this agreement shall be valid unless made in writing and signed by the duly authorized agents of BMSWD and the City. 15 ,everability Each paragraph of this agreement is severable from a!! other paragraphs. if anv paragraph or subparagraph is found to be invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 16. Interpretation The contract shah be interpreted according to and enforced under the laws of the State of Arkansas with proper venue in Washington County. IN WITNESS WHEP,EOF, we have hereunto set our hands or the date first wr tter above BOSTON TAIN SOLID WASTE DISTRICT CITY OF FAY TTEVILLE, B B .. Y Y MAYOR DOUG SAS CHA MAN LIONELD JORDAN ATTEST: _ ATTEST: By, l By -4 BOARD SECRETARY Kara Paxton, City Cl printed Name:)Ae"li Talef�,YlAor --- =�• FAYET 1 EVILLI'. Treasurer 21 Boston Mountain Solid Waste District RESOLUTION 2021-05 A RESOLUTION SETTING FORTH THE 2020 CENSUS DATA AS THE OFFICIAL STATISTICS FOR THE BOSTON MOUNTAIN SOLID WASTE DISTRICT WHEREAS, Every ten years the US Government sets forth new census figures as the official US Census figures from each city and county in the Boston Mountain Solid Waste District. This data was collected in 2020 and has now been certified by the US Census Bureau, and; WHEREAS, this data is used to determine board membership as set forth by A.0 A. § 8-6-703, and WHERAS, is used to calculate a per capita fee for municipalities and counties. This fee is billed quarterly and fifty -cents ($0.50) per resident per year. This fee is used to fund programs such as household hazardous waste collection, education and outreach programs, and recycling assistance from the District to residents of the District. NOW, THEREFORE, THE DISTRICT BOARD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Official US Census of 2020 shall be used to calculate and in conjunction with other District regulations, to add to the Boston Mountain Solid Waste District Board of Directors membership beginning in 2022. Section 2. These figures are thus sufficient to set the quarterly membership assessment, beginning with 1 s' quarter 2022 fees, for District members: Madison and Washington Counties and the cities of Elkins, Farmington, Fayetteville, Goshen, Huntsville, Johnson, Lincoln, Prairie Grove, Springdale, Tontitown, and West Fork. Section 3. The District board designates the 2020 US Census totals as a guideline for structing its membership, calculating present needs, and solid waste management planning for the future. Approved this L I day of November 2021. M ATTEST i � } Melissa'McCarville, Secretary Jurisdiction 2010 Census 2020 Census Washington County, unincorporated 38,142 40,497 Elkins 2,648 3,602 Elm Springs 1,893 1,896 Farmington 5,974 7,584 Fayetteville 73,580 93,949 Goshen 1,071 2,102 Greenland 1,294 1,213 Johnson 3,354 3,609 Lincoln 2,249 2,294 Prairie Grove 4,426 7,045 Springdale 64,193 75,083 Tontitown 2,460 4,301 West Fork 2,317 2,331 Winslow 391 365 Madison County 13,197 13,441 Hindsville 61 90 Huntsville 2,346 2,879 St. Paul 113 111 214,886 258,717 $ 107,443.00 129,358.50 6.3 Boston Mountain Solid Waste District RESOLUTION 2021-05 A RESOLUTION SETTING FORTH THE 2020 CENSUS DATA AS THE OFFICIAL STATISTICS FOR THE BOSTON MOUNTAIN SOLID WASTE DISTRICT WHEREAS, Every ten years the US Government sets forth new census figures as the official US Census figures from each city and county in the Boston Mountain Solid Waste District. This data was collected in 2020 and has now been certified by the US Census Bureau, and, WHEREAS, this data is used to determine board membership as set forth by A.C.A. § 8-6-703, and WHERAS, is used to calculate a per capita fee for municipalities and counties. This fee is billed quarterly and fifty -cents ($0.50) per resident per year. This fee is used to fund programs such as household hazardous waste collection, education and outreach programs, and recycling assistance from the District to residents of the District. NOW, THEREFORE, THE DISTRICT BOARD DOES HEREBY RESOLVE AS FOLLOWS Section 1. The Official US Census of 2020 shall be used to calculate and in conjunction with other District regulations, to add to the Boston Mountain Solid Waste District Board of Directors membership beginning in 2022. Section 2 These figures are thus sufficient to set the quarterly membership assessment, beginning with 1 s' quarter 2022 fees, for District members: Madison and Washington Counties and the cities of Elkins, Farmington, Fayetteville, Goshen, Huntsville, Johnson, Lincoln, Prairie Grove, Springdale, Tontitown, and West Fork. Section 3. The District board designates the 2020 US Census totals as a guideline for structing its membership; calculating present needs, and solid waste management planning for the future. Approved this 2/ day of November 2021. lu A T: C Melissa Carville, Secretary Jurisdiction 2010 Census 2020 Census Washington County, unincorporated 38,142 40,497 Elkins 2,648 3,602 Elm Springs 1,893 1,896 Farmington 5,974 7,584 Fayetteville 73,580 93,949 Goshen 1,071 2,102 Greenland 1,294 1,213 Johnson 3,354 3,609 Lincoln 2,249 2,294 Prairie Grove 4,426 7,045 Springdale 64,193 75,083 Tontitown 2,460 4,301 West Fork 2,317 2,331 Winslow 391 365 Madison County 13,197 13,441 Hindsville 61 90 Huntsville 2,346 2,879 St. Paul 113 111 214,886 258,717 $ 107,443.00 129,358.50