HomeMy WebLinkAbout251-25 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 251-25
File Number: 2025-2008
A RESOLUTION TO AUTHORIZE MAYOR RAWN TO SIGN A RECYCLING PARTNERSHIP GRANT
AGREEMENT AND ACCEPT AN IN-KIND TECHNICAL ASSISTANCE GRANT IN THE AMOUNT OF
$75,000.00
WHEREAS, on August 5, 2025, City Council passed Ordinance 6898 aligning the City’s recycling and trash collection
rates with the recent rate study and converting to an automated cart-based recycling collection system that will require
the selection of a recyclable materials processor through the City’s procurement process; and
WHEREAS, the Recycling Partnership is a non-profit organization that facilitates grants for local communities to
modernize recycling facilities, improve access to resources, and provide recycling carts to households across the nation;
and
WHEREAS, the City has been in collaboration with the Recycling Partnership on strategies to secure recycling
processing services to sort the co-mingled recyclable materials that will be collected through the new cart-based
collection system.
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 the acceptance of an in-kind
technical assistance grant from the Recycling Partnership in the amount of $75,000.00, and authorizes Mayor Rawn to
sign a Recycling Partnership Grant Agreement, a copy of which is attached to this Resolution.
PASSED and APPROVED on November 4, 2025
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2008
MEETING OF NOVEMBER 4, 2025
TO: Mayor Rawn and City Council
THRU: Peter Nierengarten, Environmental Director
FROM: Leif Olson, Sustainability Planner
SUBJECT: Technical Consulting Services Grant from the Recycling Partnership Inc. to assist
the Recycling and Trash Division’s development of a Request for Proposals to
secure recyclable processing services.
RECOMMENDATION:
Acceptance of an in-kind technical assistance grant from the Recycling Partnership and engage with their hired
consultant Kessler Consulting, Inc. to help staff in the development of technical specifications to be used
during the City's procurement process to secure recycling processing services.
BACKGROUND:
In August 2025, the City Council adopted an Ordinance aligning the City’s recycling and trash collection rates
with the recent rate study and converting to an automated cart-based recycling collection system. This
conversion will require the selection of a recyclable materials processor through the City’s procurement
process.
The Recycling Partnership is a non-profit organization that facilitates grants for local communities to modernize
recycling facilities, improve access to resources, and provide recycling carts to households across the nation.
The City has been in collaboration with the Recycling Partnership on strategies to secure recycling processing
services to sort the co-mingled recyclable materials that will be collected through the new cart-based collection
system.
DISCUSSION:
With the support of Cash Grants and In-Kind Services from the Recycling Partnership, the City will engage with
Recycling Partnership's hired consultant, Kessler Consulting, Inc., to support the development of technical
specifications to be used during the City's procurement process to secure recycling processing services. The
procurement process is expected to consist of (1) meetings with prospective vendors; (2) the development of
an RFP; (3) review of vendor proposals received in response to the RFP; (4) negotiation of final contract terms;
and (5) development of contract language. This effort will result in a fully executed contract between the City
and a processing vendor to provide recycling processing services. Recycling processing services will allow the
City to transition its recycling collection program to an automated, cart-based service in 2026, thereby
significantly increasing household participation in recycling and thus increasing the amount captured for
recycling.
BUDGET/STAFF IMPACT:
There is no budget or staff impact. The Recycling Partnership has agreed to provide technical consulting
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
services to the City through a cash grant valued at $75,000 to assist with the development of a Request for
Proposals and the development of contract language. The Recycling Partnership will directly pay Kessler
Consulting, Inc. to provide technical support to the city. No funds will be paid to the City of Fayetteville.
ATTACHMENTS: 3. Staff Review form, 4. City of Fayetteville AR Grant Agreement Consulting Final TRP
signed
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2008
A RESOLUTION TO AUTHORIZE MAYOR RAWN TO SIGN A RECYCLING
PARTNERSHIP GRANT AGREEMENT AND ACCEPT AN IN-KIND TECHNICAL
ASSISTANCE GRANT IN THE AMOUNT OF $75,000.00
WHEREAS, on August 5, 2025, City Council passed Ordinance 6898 aligning the City’s recycling and
trash collection rates with the recent rate study and converting to an automated cart-based recycling
collection system that will require the selection of a recyclable materials processor through the City’s
procurement process; and
WHEREAS, the Recycling Partnership is a non-profit organization that facilitates grants for local
communities to modernize recycling facilities, improve access to resources, and provide recycling carts
to households across the nation; and
WHEREAS, the City has been in collaboration with the Recycling Partnership on strategies to secure
recycling processing services to sort the co-mingled recyclable materials that will be collected through
the new cart-based collection system.
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 the acceptance
of an in-kind technical assistance grant from the Recycling Partnership in the amount of $75,000.00, and
authorizes Mayor Rawn to sign a Recycling Partnership Grant Agreement, a copy of which is attached
to this Resolution.
10/1/2025
Submitted Date
No
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V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
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No
No -$
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Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-2008
Item ID
10/21/2025
City Council Meeting Date - Agenda Item Only
Acceptance of an in-kind technical assistance grant from the Recycling Partnership.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Leif Olson SUSTAINABILITY/RESILIENCE (631)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
RECYCLING PARTNERSHIP GRANT AGREEMENT
This Recycling Partnership Grant Agreement ("Grant Agreement) is entered into on the last date of
execution below ("Effective Date"), by and between THE RECYCLING PARTNERSHIP, INC., a non -
stock corporation organized under the laws of the Commonwealth of Virginia, with its principal place of
business located at 20 F Street NW, 7th Floor, Washington, DC 20001 ("Grantor"), and CITY OF
FAYETTEVILLE, a municipal government organized pursuant to the laws of the State of Arkansas, with
Ub iiLIMApai JJIM c of ui.ibirVaSS ivCatcu aL 2v-) 'iv 13Ciiuui AVG, ayciLeville, AR /2701 ,with its principal
place of business located at 20 F Street NW, 7`h Floor, Washington, DC 20001 (the "Grantee"), which are
referred to collectively herein as the "Parties" and each individually as a "Party."
RECITALS
WHEREAS, Grantor is a tax-exempt organization under Section 501(a) of the Internal Revenue
Code of 1986, as amended ("Code"), as an organization described in Code Section 501(c)(3), and is
classified as a public charity described in Code Section 170(b)(1)(A)(vi);
WHEREAS, Grantor's purpose includes furthering charitable and educational purposes within the
meaning of Code Section 501(c)(3) by engaging in activities related to increasing recycling;
WHEREAS, Grantee intends to increase the capture of recyclable materials by engaging a
consultant to advise Grantee regarding the procurement of a recycling processing servicer, as further
described in Attachment A (hereinafter referred to as the "Work Plan" or the "Project");
WHEREAS, Grantor has determined the Project will increase residential recycling and provide
environmental benefits and thereby further its charitable purposes within the meaning of Code Section
501(c)(3); and
WHEREAS, Grantor desires to further its charitable purposes by providing Cash Grants (as
defined below) and In -Kind Services (as defined below) to Grantee to support the Project.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this
Grant Agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. Grant Agreement Documents. This Grant Agreement includes Attachment A, comprises the
entire agreement between the Parties, and supersedes all previous and contemporaneous agreements and
representations, whether oral or written.
Version: July 2025 1
2. Term. This Grant Agreement shall be effective during the Grant Period, which begins on the
Effective Date and ends on September 30, 2026.
3. Duties of Grantee. In exchange for the Cash Grants and In -Kind Services from Grantor, Grantee
shall complete the Project including, without limitation, all reporting requirements, in accordance with
the Work Plan and all other terms and conditions set forth in this Grant Agreement.
4. Duties of Grantor. Subject to Grantee satisfying its obligations under this Grant Agreement,
Grantor shall make cash grants to Grantee in an amount not to exceed $75,000 (SEVENTY FIVE
IIHOU 'AND DOLLARS) to support the Project ("Cash Grants" ). The details of the Cash (wants and the
anticipated costs and expenditures associated with the Project are set forth on Attachment A.
Notwithstanding anything contained in this Grant Agreement to the contrary, Grantor shall not be
obligated to distribute any Cash Grants to Grantee or a Vendor (as defined below), even if the required
documentation is submitted to Grantor, unless such Cash Grants are for an Allowable Expenditure (as
defined below). In addition to the Cash Grants, during the Grant Period, Grantor shall also provide
Grantee with access to In -Kind Services with an estimated value of up to ONE HUNDRED AND
TWENTY-FIVE THOUSAND DOLLARS ($125,000) ("In -Kind Services"). A description and the
projected value of the In -Kind Services is set forth on Attachment A.
5. Distribution of Cash Grants. During the Grant Period, Grantor shall distribute Cash Grants to
Grantee to reimburse Grantee for Allowable Expenditures. An Allowable Expenditure is an actual
expenditure associated with work performed, or goods or services acquired, in accordance with the -Work
Plan and in support of the Project, as determined by Grantor in its sole and absolute discretion
(collectively, "Allowable Expenditures" and individually, an "Allowable Expenditure"). Costs incurred
prior to the Grant Period, or for expenses related to travel, shall not be deemed an Allowable Expenditure
without the prior written approval of Grantor.
a. Reserved.
b. Reserved.
C. Direct Payment to Vendors. Grantor may, in its sole discretion and with the prior written
consent of Grantee, hire, and distribute Cash Grants directly to Vendors for the purpose of providing
goods or services in support of the Project. No Vendor may be an employee of Grantee or an entity
controlled, as determined by Grantor in its sole and absolute discretion, by an employee of Grantee or
members of the family (as defined in 26 U.S.C. § 4958(f)(4)) of an employee of Grantee or Grantor.
Furthermore, it is expressly understood and agreed that each Vendor hired in connection with this Grant
Version: July 2025 2
Agreement shall be and operate as an independent contractor and not as an agent, representative, or
employee of Grantee or Grantor. Any Vendor hired will have the exclusive right to control the details of
its operations and activities and will be solely responsible for the acts and omissions of its officers, agents,
servants, employees, and subcontractors. Grantor shall notify Grantee's primary contact in writing of its
intent to hire Vendors and shall include Grantee in the process to integrate the goods or services to be
provided by such Vendors into the Work Plan. Vendors shall (i) provide evidence of commercially
reasonable insurance for the goods and/or services provided, and (ii) indemnify and hold harmless
Grantor and Grantee for third -party and other claims related to the services provided, each under such
terms and conditions as determined by Grantor in its sole discretion.
6. Notice. Except as otherwise provided, all notices required by this Grant Agreement must be
delivered by email to each Party's primary and secondary (if any) contact, as set forth below.
Grantor Primary Contact:
Grantor Secondary Contact
Grantee Contact:
Zoe Killian
Community Program Manager
(P): (713) 806-9724
(E):
zkillian@recyclingpartnership.org
Charlotte Pitt
VP, Community Development
(P): (303) 9314045
(E):
caitt wrecyclingpartnership.org
Peter Nierengarten, PE
Environmental Director
(E): pnieren ag rten@a fayetteville-
ar.gov
(P): 479.575.8272
7. Termination. Either Party may terminate this Grant Agreement with thirty (30) days' written
notice, with a read receipt requested, to the other Party. If Grantee fails to substantially fulfill its
obligations under this Grant Agreement in a timely and proper manner, Grantor may provide written
notice to Grantee of its intent to terminate this Grant Agreement. Such notice shall specify the reasons
for termination and allow Grantee thirty (30) days to mitigate any specified reasons. if Grantee fails to
cure such breach within the thirty (30) day period, as determined by Grantor in its sole discretion, Grantor
may terminate this Grant Agreement by giving written notice to Grantee of such termination and the
effective date of such termination (the "Termination Date"). Notwithstanding receipt of such notice of
termination, Grantee may still receive Cash Grants for any Invoices which were submitted prior to the
Termination Date and approved by Grantor in accordance with this Grant Agreement.
8. Amendments and Extensions. This Grant Agreement may only be amended in a writing signed
by both Parties. Grantee shall substantially adhere to the timeline and objectives detailed in the Work
Plan. Notwithstanding the foregoing, Grantor may grant extensions of time via email for Grantee to
perform its obligations hereunder, but such extensions are not guaranteed. If Grantee desires an extension,
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obligation which Grantor shall review and either approve or deny in its reasonable discretion.
Version: July 2025 3
9. Prohibited Lobbying and Political Activity. Grantee shall not use or appropriate any Cash Grant
to (i) carry on propaganda or otherwise attempt to influence legislation, or (ii) engage in political activity,
including participate in or intervene in (including the publishing or distribution of statements] any
political campaign on behalf of or in opposition to any candidate for public office.
10. Publicity and Press Events. Grantee may make information regarding this Grant Agreement and
the Project available to the public at any time after the Effective Date and in a manner which the Parties
deem appropriate. This requirement is not intended to limit or otherwise restrict Grantee's public
information obligations or requirements, if any, and is instead intended to allow the Parties to coordinate
public announcements about the Project. Grantee agrees to reasonably cooperate with Grantor during the
Grant Period to publicize the Project, including, but not limited to, designating a suitable representative
to appear on behalf of Grantee at publicity events, providing relevant and pertinent information to include
in press releases and distributions, and responding, as appropriate, to relevant and pertinent press
inquiries. Each Party agrees to provide the other with reasonable advanced notice of any efforts to
publicize the Project for the purpose of allowing the Parties to coordinate any public announcements.
11. Compliance with Patent, Trademark and Copyright Laws. The Parties agree that all work
performed under this Grant Agreement shall comply with all applicable patent, trademark and copyright
laws, rules, regulations, and codes. The Parties further agree that neither will use any protected patent,
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permission and all releases and other necessary documents.
12. Electronic Signatures and Electronic Records. This Grant Agreement, and any other documents
requiring a signature that are related to this Grant Agreement, may be signed electronically in the manner
specified by the Parties. The Parties agree not to object to the admissibility, legal effect, or enforceability
of this Grant Agreement or any document related thereto in the form of an electronic record, or a paper
copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the
ground that it is an electronic record or electronic signature or that it is not an original.
13. Assignment, Successors and Assigns: Neither Party may transfer, delegate or assign this Grant
Agreement, or its rights or obligations hereunder, without the prior written consent of the other Party. If
this Grant Agreement is properly assigned, then it will bind and benefit the successors and assigns of the
Parties. Any assignment in violation of this Paragraph will be void.
14. Signature Warranty. Each of the undersigned represents and warrants that they are authorized to
execute this Grant Agreement.
15. Appropriations Limitation: All expenditures by Grantee under this Grant Agreement are subject
Version: July 2025 4
to appropriations by the Fayetteville City Council. Consequently, this Grant Agreement shall bind
Grantee only to the extent that it appropriates sufficient funds to perform its obligations hereunder.
[The balance of this page is intentionally left blank. Signature page to follow.]
Version: July 2025
11/04/2025
Attachment A: Work Plan
a. Background. Grantee provides service to approximately 28,000 single-family households with
Grantee -operated sanitation services, including weekly recycling. Grantee collected recyclables are
currently sorted at the curb and sold directly to markets and brokers. Currently only 40% of households
participate in this curbside sortation program.
h. Praipet nPgrrirtinn, With the ciinnnrt of C"agh C'Trantg anti In -Kind CPrvir_.Pg from Grantor, Grantee
will engage Kessler Consulting, Inc. to support the development of a procurement process to secure
recycling processing services. The procurement process is expected to consist of (1) meetings with
prospective vendors; (2) the development of an RFP; (3) review of vendor proposals received in response
to the RFP; (4) negotiation of final contract terms; and (5) development of contract language. This effort
will result in a fully executed contract between Grantee and a processing vendor to provide recycling
processing services. Recycling processing services will allow the Grantee to transition its recycling
collection program to an automated, cart -based service in 2026, thereby significantly increasing household
participation in recycling and thus increasing the amount captured for recycling.
C. Measurement Plan. Grantee will implement a system to track monthly tonnage data for municipal
solid waste and curbside recyclables generated by, and collected from, households eligible for curbside
recycling. Where feasible, (grantee will also monitor recycling set -out rates and monthly contamination
levels of recyclable materials from these households. It is further possible, but not required, that Grantor
may present Grantee with the opportunity to collaborate in a study funded by Grantor to assess pre- and/or
post -implementation capture rates for individual recyclable materials, customer surveys and/or focus
groups to understand community understanding and support for recycling services. Such a study, if
conducted, will be planned in collaboration with Grantee and Grantee's partners, and Grantee will have
access to results of this measurement work.
d. Project Budget. The amounts set forth in the table below represent Grantor's intended distribution
of Cash Grants pursuant to this Grant Agreement:
Grant Element
Description
Giant
Amount
Technical
Technical consulting services to assist with the development
consulting services
of a procurement process to secure recyclable processing
$75,000
services.
Total:
$75,000
In addition to Cash Grants, Grantor shall provide In -Kind Services for the purpose of supporting the
Project through the provision of technical support for strategic planning, program assessment, program
Version: July 2025 7
implementation, measurement activities, and recycling education and outreach including graphic design
customization. The anticipated In -Kind Servies, and the projected value of such services, are as follows:
Description of In -Kind Services
Projected Value
Dedicated technical assistance by The Recycling Partnership staff.
Up to $75,000
Total
Up to $75,000
All costs associated with Project implementation beyond the Cash Grants and In -Kind Services from
Grantor will be the responsibility of Grantee. It is understood by the Parties that Grantee may combine
Cash Grants with local funding as well as grant funding from other sources to fund the Project. It is also
understood by the Parties that actual expenses may vary depending on a variety of factors, including the
actual expenses associated with Grantee's education and outreach efforts. Upon the mutual written
agreement of the Parties, the final allocation of Cash Grants may be adjusted among expense categories.
The actual amount of Cash Grants paid by Grantor will be based on reimbursement for actual Allowable
Expenditures pursuant to Section 5 of this Grant Agreement. Notwithstanding anything contained herein,
the total amount of Cash Grants shall not exceed the amount specified in Section 4 of this Grant
Agreement.
e. Grantee Engagement. Grantee will commit sufficient staff time and resources for the planning,
implementation and management of the Project, including but not limited to (1) reviewing and approving
VV11Ju1Lants docuziiznts, I'.) providdi g consultant r„Kue3Lcu data- aiu A.So... ation; `(.) L A%, Sin and
evaluating proposals received in response to the RFP; (4) developing a contract for recyclable process
services; and (5) providing additional support as the Project requires.
f. Anticipated Timeline. The Parties agree to develop and maintain a detailed project timeline,
setting periodic milestones for the implementation of the Project. The anticipated key dates in the Project
are as follows:
• October 2025 - Grantee onboarding
• October 2025-November 2025 - Prospective Vendor meetings and development of draft RFP
• December 2025 - RFP release
a January 2026- March 2026 - Review responses and award contract
c May 2v2v - Fully executed proGv-sSiY9g contract
The Parties acknowledge the difficulty of predicting the exact dates for implementation of the various
elements of the Project. Accordingly, the above dates are intended as milestones, with the understanding
that if unanticipated changes or delays in the schedule occur, the Parties may revisit the timeline and adjust
the schedule as necessary for the successful implementation of the Project, including an extension of the
Version: July 2025 8
Grant Period as needed.
g. Reporting and Additional cost -Award Requirements. Grantor's provision of the Cash urants
and In -Kind Services contemplated herein is expressly conditioned upon Grantee's satisfaction of
following reporting requirements:
i. W-9. Within fifteen (15) days of the Effective Date, Grantee shall provide Grantor with an
Internal Revenue Service Form W-9, Request for Taxpayer Identification Number and
Certification, signed and dated in the current year.
ii. Baseline Data. In order to establish a baseline for measurement of Project success, Grantee
shall provide Grantor with monthly solid waste and recycling tonnage data (if any) for at least
the twelve (12) month period immediately preceding Project commencement (the "Baseline
Period"). If such data is not available, Grantee agrees to work with Grantor to develop
estimates of solid waste and recycling tonnage data for the Baseline Period.
iii. Quarterly Reports. Until the end of the Grant Period, or the one (1) year anniversary of
Project implementation, whichever is later, Grantee shall deliver quarterly reports containing
monthly solid waste and recycling data. Such quarterly reports shall be submitted electronically
via a reporting system and format established by Grantor.
iv. Solutions Hub. Grantee shall establish a profile in Grantor's Recycling Program Solutions
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representative for Grantee's jurisdiction within the Solutions Hub. Access to and use of the
Solutions Hub is provided at no cost to Grantee. Upon execution of this Grant Agreement,
Grantee shall complete the general information section of Grantee's community profile, update
information in the Solutions Hub for Grantee's current recycling efforts (if any), and submit
recycling data for the Baseline Period into the Solutions Hub. Finally, to aid in the tracking of
the long-term impacts or the Project, for a period of five p) years following the end of the
Grant Period, Grantee shall update its profile and report annually regarding its recycling efforts
in the Solutions Hub. Grantor may, in its sole discretion, eliminate Grantee's cost-free access
to the Solutions Hub at any time. In the event of such access termination, Grantor shall provide
Grantee with an alternative reporting mechanism that is no more burdensome than the
Solutions Hub, and Grantee's reporting obligations shall continue.
V. Final Report. No less than thirty (30) days prior to the end of the Grant Period, Grantee shall
submit a draft final report (the "Final Report") to Grantor for review. Grantor will provide
Grantee with the required format for the Final Report. Within fourteen (14) days of receipt of
the draft Final Report, Grantor shall provide feedback to Grantee, including necessary changes
and points of clarification. Grantee shall then incorporate any such revisions and submit a fully
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Version: July 2025 9