HomeMy WebLinkAbout274-25 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 274-25
File Number: 2025-2425
A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH OZARK COMPOST
AND SWAP, LLC IN THE AMOUNT OF $15,000.00 FOR RESIDENTIAL FOOD WASTE CURBSIDE
COLLECTION, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City has a 40% diversion from landfill goal which includes efforts to expand the composting program
to recover more food waste for better quality compost; and
WHEREAS, in 2025, the City implemented a pilot curbside residential food waste collection program with Ozark
Compost and Swap to determine whether it was feasible to expand food waste collection across the City; and
WHEREAS, the pilot program shows that an estimated 19 pounds of organic waste per household will be diverted
from the Eco Vista landfill and staff recommends an amendment to the agreement expanding the service across the
City.
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 approves Amendment No. 2 to the
contract with Ozark Compost and Swap, LLC in the amount of $15,000.00 for a residential food waste curbside
collection program that will be billed through the City's utility billing system.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution.
PASSED and APPROVED on December 2, 2025
Approved:
Molly Rawn, Mayor
Attest:
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Kara Paxton, City Clerk Treasurer
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Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 2, 2025
CITY COUNCIL MEMO
2025-2425
TO: Mayor Rawn and City Council
THRU: Peter Nierengarten, Environmental Director
FROM: Brian Pugh, Waste Reduction Coordinator
SUBJECT: Approval of an amendment to an agreement with Ozark Compost and Swap, LLC
for residential food waste curbside collection provided to residents via the utility
billing system.
RECOMMENDATION:
Staff recommends approval of an amendment to the agreement with Ozark Compost and Swap, LLC for
residential food waste curbside collection provided to residents via the utility billing system.
BACKGROUND:
The City of Fayetteville has a 40% Diversion from landfill goal which includes efforts to expand the
composting program to recover more food waste for better quality compost. Staff began a residential drop
off in 2020 which allowed an opportunity for residents to participate by diverting food waste from their
homes. After completing a pilot in 2025 for curbside residential food waste collection with Ozark Compost
and Swap (OCS), the composting program will expand on the current model making diverting food waste
more convenient and accessible to residents by providing billing via the City's utility billing system.
DISCUSSION:
After a successful pilot determining the feasibility of expanding food waste collection, provided by OCS,
an estimated 19 pounds per household of organic waste will be diverted from the Eco Vista landfill
through a convenient and accessible composting solution by adding food waste collection to the
residential utility billing system and by reducing the service cost. The cost of the service to residents will
be reduced to $15/month and food waste collected by OCS will be added to the City's compost program
where it will be converted to a nutrient -rich soil amendment. The program will continue to provide
biweekly curbside collection of food waste utilizing five -gallon buckets. Quantitatively, this agreement
requires OCS to reach a minimum of 1,000 households within the first year of the program.
The reduction in the amount of food waste in the trash stream will reduce the City's landfill tip fees and
help eliminate the harmful methane greenhouse gas production that occurs when food waste degrades
aerobically in a landfill. The term of the agreement shall be for two years with automatic renewals for two
additional two-year terms.
BUDGET/STAFF IMPACT:
The direct start-up cost of the agreement is $15,000 in year one only. The funds will be taken from 5500.
750.5000-5315.00. A budget adjustment is attached to allow for program.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: 3. Staff Review Form, 4. Budget Adjustment, 5. OCS Amended Agreement for 2026 - Final,
6. OCS Amended Contract - Approved August 2025
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
- Legislation Text (479)575-8323
File #: 2025-2425
A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH OZARK
COMPOST AND SWAP, LLC IN THE AMOUNT OF $15,000.00 FOR RESIDENTIAL FOOD
WASTE CURBSIDE COLLECTION, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City has a 40% diversion from landfill goal which includes efforts to expand the
composting program to recover more food waste for better quality compost; and
WHEREAS, in 2025, the City implemented a pilot curbside residential food waste collection program
with Ozark Compost and Swap to determine whether it was feasible to expand food waste collection
across the City; and
WHEREAS, the pilot program shows that an estimated 19 pounds of organic waste per household will
be diverted from the Eco Vista landfill and staff recommends an amendment to the agreement expanding
the service across the City.
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 approves Amendment No.
2 to the contract with Ozark Compost and Swap, LLC in the amount of $15,000.00 for a residential food
waste curbside collection program that will be billed through the City's utility billing system.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Brian Pugh
Submitted By
City of Fayetteville Staff Review Form
2025-2425
Item ID
12/2/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/12/2025 RECYCLING/TRASH COLLECTION (750)
Submitted Date Division / Department
Action Recommendation:
Approval of an amendment to an agreement with Ozark Compost and Swap, LLC for residential food waste curbside
provided to residents via the utility billing system. Attached with an budget adjustment
5500.750.5000-5315.00
Account Number
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Contract Services
Fund
Project Title
$ 183,788.00
$ 179,768.05
4,019.95
$ 15,000.00
$ 15,000.00
4,019.95
Previous Ordinance or Resolution #
Approval Date:
V20221130
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division RECYCLING/TRASH COLLECTION (750) Adjustment Number
/Org2
2025
Requestor: Daryl Brigman
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Redistribute budget for the approval of an amendment to an agreement with Ozark Compost and Swap, LLC for residential
food waste curbside provided to residents via the utility billing system.
COUNCIL DATE: 12/2/2025
ITEM ID#: 2025-2425
Kevin Springer
7717312025 70: q0 RM
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.20251027
Account Name
5500.750.5060-5342.00
(15,000) -
EX
Promotionals - Activities
5500.750.5000-5315.00
15,000 -
EX
Contract Services
I of 1
Amendment 2 - Ozark Compost and Swap City Wide Residential Agreement
WHEREAS, the Eco-Vista Landfill is near capacity and diversion of sustainable
materials such as food waste is necessary to preserve capacity and will reduce greenhouse gas
emissions for the region; and
WHEREAS, the City of Fayetteville ("City") has a 40% sustainable materials diversion
goal and this project would divert an average of 19 pounds of food waste per home per
collection; and
WHEREAS, the City and Ozark Compost and Swap, LLC ("OCS") wish to combine their
resources to provide Fayetteville residents with residential curbside food waste collection to
divert food waste and third -party certified compostable plastics from the landfill.
NOW, THEREFORE, the City of Fayetteville, Arkansas and Ozark Compost and Swap,
LLC agree as follows:
1. OCS Responsibilities and Service Standards:
A. OCS shall:
i. Provide biweekly curbside collection of food waste and third -party certified
compostable materials, using 5-gallon buckets to single family households
and multifamily households that have been identified as serviceable by
OCS.
ii. Conduct doorstep collection service for program participants that are
documented through the City as needing exemptions.
iii. Swap a collected bucket with clean bucket during collection.
iv. Send text notifications reminding program participants of pickup days.
deliver buckets to new program participants and participants that may
request an extra bucket.
V. Dump food waste and remove contamination at an OCS facility approved
by the City and hold the food waste until picked up by the City.
vi. Provide sufficient staffing and resources for customer service for program
participants, updating website landing page, along with managing and
fulfilling program participant sign up requests through email
communications and phone support.
vii. Notify all customers via email and text notifications for any service
changes that may arise.
viii. Pick up buckets from program participants that are no longer participating
in the program.
ix. Collect and transport any damaged buckets to the Recycling and Trash
Division facility for recycling.
X. Onboard new program participants within the first 5 days of each month
xi. Ensure resolution of missed collections within 2 working business days of
program participant's communication of missed collection.
xii. Provide on -going public education and outreach to program participants
regarding the food waste collection program, including but not limited to
instructions on changes to the program, what materials may be placed in
the food waste collection bucket, and any other information required by
the City.
B. OCS reserves the right to add new pickup days, adjust routes for efficiency, and
modify schedules during holidays or inclement weather.
C. OCS shall not charge more than:
$15/month per household to service program participants in year one.
$19/month per household to service participants that request an additional
collection bucket.
D. OCS will conduct a pre -registration period in the sixty days prior to program
launch. During this pre -registration period, OCS will contact current Fayetteville
customers, past Fayetteville customers, and current Fayetteville pilot participants
about the residential food waste curbside collection program.
E. OCS will add no fewer than 200 new customers per month after launching
program. If program participation approaches 1,000 households before the end
of the third quarter of 2026, OCS will notify the City so both parties can review
the program's growth and agree on the most effective path for scaling service
beyond 1,000 participants.
F. OCS marketing materials and communications shall incorporate the City logo,
such as but not limited to door hangers, or direct mail, and must be approved by
City in advance.
G. OCS may provide optional add-ons for program participants to purchase
compostable bags and countertop caddies through the OCS website, with
delivery included in the program participant's regular service.
H. OCS shall maintain records related to this program for a period of three years
and shall provide quarterly reports to City, at no additional cost, of:
i. Program participant information
ii. Documentation of buckets not set out by program participants
iii. Records of program participants and State/City Regulatory site visits, with
outcome of each visit;
iv. Food waste collection tonnage; and
V. Any other reports as may be requested by the City.
OCS agrees that it shall comply with all federal, state and local laws applicable to
the safety, environmental and transportation matters related to providing food
waste and compostable material collection services under this Agreement.
J. OCS agrees that this Agreement has been entered into freely and voluntarily by
OCS which agrees to abide by all of the terms and conditions as a matter of
contractual obligation pursuant to applicable City ordinances. This is a
contractual Agreement and is not intended to be part of or relate in any way to
any license or ordinance created pursuant to A.C.A. §26-77-102.
K. OCS agrees that neither this Agreement, nor any rights or obligations hereunder
may be assigned or transferred to any third party or affiliate.
L. OCS agrees to protect, indemnify, defend and save harmless the City, its
officials, officers, employees, agents, subcontractors, representatives and
assigns from any loss, claim, liability, penalty, fine, forfeiture, demand cause of
action, suit and costs and expenses incidental thereto (including costs of
defense, settlement and reasonable attorneys' fees), to the extent caused by (i)
OCS's breach of any term, condition, covenant or warranty contained in this
Agreement, or (ii) OCS'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.
M. OCS shall promptly supply any records requested by the City during the course
of any litigation, or in response to any other subpoena or court order issued to
the City for information or records related to OCS and this Agreement.
N. OCS agrees to ensure to inform the City of any media interviews concerning the
residential food waste curbside collection program and agrees to share
information about the program without speaking on behalf of the City or claiming
the program as their own.
O. OCS agrees and understands that this Agreement and documents submitted to
the City pursuant hereto are subject to the Arkansas Freedom of Information Act.
If a Freedom of Information Act request is presented to the City of Fayetteville
requesting such non-exempt 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 seq.). Only legally authorized
photocopying costs may be assessed for this compliance.
2. City of Fayetteville Responsibilities:
A. City shall:
i. Provide City of Fayetteville residents with current trash service access to
participate in the residential food waste curbside collection program
through the utility billing service to collect payment
ii. Remit payments to OCS no later than the 20th of the following month.
Make payments to OCS contingent upon the number of billed customers
but will not be contingent upon collection of program participants
payments. However, amounts corresponding to uncollected customer
payments may be deducted from the remittance to OCS.
iii. Provide OCS with full program participant contact information (name,
address, phone number, email) five business days before the final
business day of the month after the program participant signs up for
service through the Utility Billing system for the purposes of:
a) Coordinating collection services;
b) Providing direct customer support; and
c) Providing opportunities for additional food waste collection support
such as, but not limited to, compost caddies and third -party certified
compostable bags
d) Determining which residents are exempt from curbside collection
and require doorstep pickups
iv. Integrate current food waste collection pilot participants into the utility
program during the 60-day pre -registration period.
V. Provide marketing and outreach during the 60-day pre -registration period
and after program launch including website information, email, social
media, and media/resident/staff engagement and education.
vi. Maintain webpages with information on the residential food waste curbside
collection program along with providing an accessible opt -in signup form.
vii. Provide OCS information regarding when program participant requests to
stop service.
viii. Provide two (2) buckets per program participant up to 500 households.
ix. Provide 65-gallon food waste collection carts for OCS to have at their
facility to discard food waste from 5-gallon buckets.
X. Collect food waste and compostable materials from the approved OCS
facility.
B. The City owns all compostable materials collected by OCS in the City of
Fayetteville.
C. The City may provide processed compost to program participants organized and
scheduled at the City's discretion.
D. The City may provide unfinished compost to OCS organized and scheduled at
the City's discretion.
E. The City reserves the right to inspect all vehicles and containers to ensure that
the vehicles are safe and well -maintained.
F. The City will advise OCS 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 from disclosure under the Arkansas Freedom of Information Act. If a
court of competent jurisdiction determines that said requested information is
disclosable or otherwise is not exempt from disclosure under the Arkansas
Freedom of Information Act, the City will comply with that ruling and notify OCS.
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 records related
to OCS and this Agreement, shall be promptly made known to OCS.
3. Fees:
A. Monthly Fee: The City will pay OCS monthly based on customer billing for the
prior month. The monthly fee charged to customers will be $15.90 or $20.14 for
residents requiring an additional receptacle in year one and may be pro -rated for
partial month service.
B. Base Fee: City will pay OCS $15,000 to provide residential food waste curbside
collection to City of Fayetteville residents that have trash service. Payment will
be made in the following three installments:
i. $7,500 no later than the 7th day of the month that follows the end of the
60-day pre -registration period and program launch;
ii. $3,750 no later than the 7th day of month four after program launch; and
iii. $3,750 no later than the 7th day of month eight after program launch.
C. CPI Increase: Beginning on January 1, 2027 and on each January 1 thereafter
(including in any renewal or extension terms), the Base Rate shall be
automatically adjusted by the annual percentage change in the average that the
Consumer Price Index (CPI-U), US City Average for All Urban Consumers
(current series), Water, Sewer, Trash Collection, Not Seasonally Adjusted, Series
ID CUUROOOOSEHG ("CPI") in Table 2 at
(https://www.bls.gov/news.release/cpi.nr0.htm) has increased over the 12 most
recently published months compared to the average CPI for the preceding
twelve-month period for which the data has been published. If the above CPI
ceases to be published, the parties agree to substitute another equally
authoritative measure of change in the purchasing power of the U.S. dollar as
may be then available so as to carry out the intent of this provision.
The annual adjustment shall be no less than two percent (2%) and no greater
than five percent (5%). If the CPI-U ceases to be published, the parties agree to
substitute an equally authoritative measure of general inflation to carry out the
intent of this provision.
i. The CPI published on the first Monday prior to the end of the month (or
the first business day thereafter if such Monday is a Federal Holiday) shall
be used to determine the monthly change. The annual percentage change
shall be calculated by subtracting the average CPI value for the previous
12-months from the average CPI value for the most recent 12- month
period, the result of which shall be divided by the prior 12-month period
average. An example of the CPI annual increase calculation follows:
Index
202012-
202112-Month
Change
Applied
Month
Average
Percentage
Average
Change
CPI -Water,
Sewer, Trash
252.46
261.47
9.01
3.6'6
(9.01 /252.46)
OCS shall coordinate with the City in writing prior to any implementation of
any CPI price adjustment. Such coordination shall include the amount of
the price adjustment, documentation substantiating the CPI published
numbers, and the date the adjusted price takes effect. The City and OCS
shall mutually agree on any increase, including calculation accuracy on
CPI or other equally authoritative measure as applicable, prior to any price
adjustment.
D. Insurance: OCS shall maintain the following insurance coverage during the term
of this Agreement:
i. OCS 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.
ii. Upon written request, OCS shall furnish the City with evidence that the
insurance required of it is in force.
iii. The types of coverage and limits of liability of all insurance required herein
shall be as follows:
COVERAGE
LIMITS OF LIABILITY
Worker's Compensation
Statutory
Employer's Liability
$500,000
$1,000,000
Bodily Injury Liability except Automobile
each occurrence
Property Damage Liability Except
$1,000,000
Automobile
each aggregate
Automobile Bodily Injury
$1,000,000 each person
Comprehensive General Liability
$1,000,000
each occurrence
Automobile Property
$1,000,000
Damage Liability
each occurrence
Excess Umbrella $1,000,000
Liability each occurrence
E. Exclusions. The City agrees to waive the City's commercial food waste collection
fee and franchise fees.
4. Term and Renewal:
A. 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 OCS shall be given at least
thirty days prior to the end of the current term.
B. Key Performance Indicators and Agreement Renegotiation
KPI will be evaluated quarterly by both parties for the following;
a) Program Participation Growth
b) Churn Rate
c) Average Pickup Volume
d) Expansion Capacity
e) Marketing Impact
At the 6-month mark, both parties will begin to conduct a formal program
review. If at least 600 active households are not reached by the end of month
six, either party may request to renegotiate contract terms.
5. Default and Termination; No Waiver:
A. Except as otherwise provided herein, if either party defaults in the
performance of any of the covenants or conditions contained here in this
agreement, and fails to cure such default within sixty (60) days after the non -
defaulting party has been given the defaulting party written notice of such
default (or if such default is of nature that cannot be cured within sixty (60)
day period, the defaulting party fails to commence the curing of such default
within 60 day period, and fails to thereafter diligently pursue the curing
thereof) (the "Cure Period"), the non -defaulting party may: (a) terminate this
agreement as of any date to which the non -defaulting party may select; (b)
cure the default at the expense of the defaulting party; and/or (c) have
recourse to any other right or remedy to which may be entitled by law,
including, but not limited to, the right to all damages or losses suffered as a
result of such termination.
B. In the event either party waives default by the other party, such a waiver shall
not be construed or determined to be a continuing waiver of the same or any
subsequent breach or default.
6. Point of Contact; Notices:
A. For the purpose of this contract, the Point of Contact for the City of
Fayetteville shall be the City's Environmental Director.
B. The Point of Contact for OCS shall be Ricky Ludeman or Tina Flakowitz.
C. Communications pertaining to day-to-day aspects of this contract 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.
D. Any notice required by this Agreement may be sent in writing by electronic
mail, certified mail, or in person.
7. Indemnification and Liability: OCS agrees to indemnify and hold harmless City, its
officers, officials, members, agents, and employees from any and all causes of
action, suits in law or equity, demands or claims, or from any liability of any nature
arising out of the performance of the Services and from any obligations made by
OCS or OCS's agents and/or employees. All risks for damages, theft, vandalism,
and Acts of God in execution of the Services are the responsibility of OCS during
any and all operations.
8. Compliance with Laws: OCS shall observe and comply with all applicable statutes,
orders, ordinances and regulations of the City, the County of Washington, the State
of Arkansas, the federal government and any other governmental authority having
jurisdiction over the site or the Services.
9. No Waiver: No failure to exercise and no delay in exercising, any right, power, or
remedy hereunder on the part of the City or OCS shall operate as a waiver thereof,
nor shall any single or partial exercise of any right, power, or remedy preclude any
other or further exercise thereof or the exercise of any other right, power, or remedy.
No express waiver shall affect any event or default other than the event or default
specified in such waiver, and any such waiver, to be effective, must be in writing and
shall be operative only for the time and to the extent expressly provided by the City
or OCS therein. A waiver of any covenant, term, or condition contained herein shall
not be construed as a waiver of any subsequent breach of the same covenant, term,
or condition.
10.Amendments: Changes, modifications or amendments to the scope, price or fees
dictated by this Agreement shall not be allowed without a prior formal amendment
approved by the City and by the authorized agent of OCS in advance of the change.
11. Definitions
A. "Organic Materials", "Food Waste" and "Compostable Materials" shall include:
• Fruits and vegetables
• Coffee grounds and tea with non -synthetic filters
• Consumable liquids
• Diary: milk, cheese, yogurt
• Bread, dough, bakery items, pasta, grains
• Eggs and eggshells
• Ink -free food -soiled paper: paper bags, paper towels, paper napkins,
• Cooked meats and fish: shells, bones, wooden skewers, toothpicks
• Processed foods: pizza, cereal, chips, crackers, cooked meats, plate
scraps
• Clearly labeled compostable products such as but not limited to plates,
cups, and utensils; must be BPI® -certified or reputable third -party certified
including but not limited to TUV Austria and Compost Manufacturing
Alliance
B. "Contamination" shall include, but is not limited to:
• Raw meats (fish, poultry, pork, seafood, beef)
• Plastic bags, plastic single use serve ware, utensils, twist -ties, rubber
bands
• Waxed cardboard boxes, mixed paper
• Wood, metal, glass or other non-food items
• Fats, oils, grease, non -consumable liquids, vegetable oil, lard
AUTHORIZATION AND EXECUTION
This Agreement shall be signed by the authorized representatives of Ozark Compost and Swap,
LLC and the City of Fayetteville, Arkansas and shall be effective as of the date signed by the
Mayor.
CITY OF FAYETTEVILLE,
ARKANSAS
Molly Rawn, Mayor
ATTEST:
By.
Kara Paxton, City Clerk -Treasurer
FAYETTEVILLE;�-
OZARK COMPOST AND SWAP, LLC
By: Fz 0cz� LvdeVv. .aw
Ricky Ludman, Owner
WITNESS:
Date: 12/02/2025 Date:
Brian Pugh
Submitted By
City of Fayetteville Staff Review Form
2025-0614
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/1/2025 RECYCLING/TRASH COLLECTION (750)
Submitted Date Division / Department
Action Recommendation:
Mayor's signature on an amendment to agreement with Ozark Compost and Swap, LLC for continuing a pilot
curbside collection of food waste for the composting program. A budget adjustment will be attached.
5500.750.5000-5315.00
Account Number
Project Number
Budgeted Item? Yes
Budget Impact:
Contract Servivices
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? Yes Item Cost
Is a Budget Adjustment attached? Yes Budget Adjustment
Remaining Budget
Fund
Project Title
$
179,988.00
$
179,367.19
620.81
$
2,500.00
$
2,500.00
620.81
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor Molly Rawn
THRU: Peter Nierengarten, Environmental Director
FROM: Brian Pugh, Waste Reduction Manager
STAFF MEMO
DATE: August 1st, 2025
SUBJECT: Mayor's signature on an amendment to agreement with Ozark Compost and
Swap, LLC for continuing a pilot curbside collection of food waste for the
composting program.
RECOMMENDATION:
Mayor's signature on an amendment to the agreement with Ozark Compost and Swap, LLC for
continuing a pilot curbside collection of food waste for the composting program. A budget
adjustment will be attached.
BACKGROUND:
The City of Fayetteville has been conducting a six-month food waste curbside collection pilot
with Ozark Compost and Swap since January 2025. The pilot offers pickups on a biweekly
basis, followed by the option to subscribe to a full-time compost collection service provided by
Ozark Compost and Swap (OCS). The organic waste collected from the pilot is diverted from
the Eco Vista landfill and added to the food being composted at the city site. The agreement
required OCS to convert a minimum of 250 households from pilot participants to full-time
compost collection service subscriptions by the end of the six-month pilot program term with a
goal of reaching up to 480 converted households. To date that goal has been met and the six-
month period was fulfilled on July 6th.
DISCUSSION:
The pilot has resulted in collecting 10 tons of food waste since beginning in January and staff
believes the pilot has been very successful and would like to continue with Ozark Compost and
Swap while a permanent program can be established. In order to allow for continued collection
for residents without a disruption of service, staff would like to have an amendment approved
allowing for more time to continue and complete negotiations with OCS for a permanent
agreement to provide the service. Staff would like to continue with this service through the end
of the year to allow for a new agreement to be put into place. There would be an additional cost
of $2,500 for extending the agreement with an amendment.
BUDGET/STAFF IMPACT:
The original cost of the agreement was $2,500. The funds were taken from 5500.750.5070-
5314 and a budget adjustment was created for the pilot program. There is an additional request
of $2,500 for funds with the amendment. A new budget adjustment is attached.
Attachments:
Ozark Compost and Swap, LLC agreement- amended contract
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Amended Agreement
between the City of Fayetteville, Arkansas
and Ozark Compost and Swap, LLC
This Amended Agreement, made and entered into on this 11 day of August,
2025, by and between the City of Fayetteville, Arkansas ("City") and Ozark Compost
and Swap, LLC ("OCS"), witnesseth:
WHEREAS, the Eco-Vista Landfill is near capacity and diversion of sustainable
materials such as food waste is necessary to preserve capacity and will reduce
greenhouse gas emissions for the region; and
WHEREAS, the City has a 40% sustainable materials diversion goal by 2027 and
this project would divert an average of 13 pounds of food waste per home per collection;
and
WHEREAS, on July 25, 2024, the City of Fayetteville and Ozark Compost and
Swap, LLC ("Ozark") entered into an agreement to establish a pilot residential compost
program with the goal of converting at least 250 households from pilot participants to full
time compost collection service subscribers within six months; and
WHEREAS, the pilot program has been a success and both the City and Ozark
desire to extend the pilot while a more permanent program is designed; and
WHEREAS, the pilot program is set to end on July 5 and the parties agree that
an extension to December 31, 2025 will be sufficient to design and establish a more
permanent program.
NOW, THEREFORE, the City of Fayetteville, Arkansas and Ozark Compost and
Swap, LLC agree as follows:
1. Term. The pilot will be administered until December 31, 2025.
2. The Project. The objective of this project is to provide a pilot program to increase
food waste and other compostable waste diversion from the landfill. By offering a
pilot period of free pickups on a biweekly basis, followed by the option to subscribe
to a full-time compost collection service provided by OCS, organic waste will be
diverted from the Eco Vista landfill through a convenient and accessible composting
solution using the program details set forth below. Quantitatively, this agreement
requires OCS to convert a minimum of 300 households from pilot participants to full
time compost collection service subscriptions by the end of the pilot program term
with a goal of reaching up to 480 converted households.
3. Ozark Compost and Swap, LLC Rights and Responsibilities
a. OCS will operate the pilot program under the following structure:
i. The pilot program currently includes 180 converted Fayetteville
residents actively subscribed to compost collection service.
ii. OCS will continue to offer free trials and will serve all Fayetteville
residents who sign up, with a maximum of 100 new trial participants
admitted during any four -week period.
iii. Trial participants will have four weeks to participate in the service
and may convert to full-time compost collection at any time during or after
the trial period.
iv. New pilot participants will be selected for every four -week period
thereafter throughout the pilot program term.
b. OCS may add up to 480 pilot participants if resources and staffing permit, but
never less than the quantity required by the formula above.
c. OCS will provide four weeks of free biweekly scheduled food waste pickups
for new pilot participants.
d. OCS will provide a clean 5-gallon bucket at each pickup.
e. OCS will collect buckets from pilot participants who do not convert to a full-
time subscription at the end of four weeks.
f. OCS is responsible for the removal of any non-compostable contamination
from 5-gallon buckets prior to delivery to the Fayetteville Compost Facility.
g. OCS shall provide sufficient staffing and resources to provide the sign-up
form for pilot participants, website landing page, along with managing and
fulfilling pilots through email communications and phone support.
h. OCS will track all conversions through the pilot program along with food
waste tonnage collected and results will be shared with the City of
Fayetteville.
i. Converted participants shall be permitted to keep food waste buckets from
the pilot.
4. City of Fayetteville Rights and Responsibilities
a. City will recruit pilot participants through marketing and educating Fayetteville
residents and will direct interested households to the OCS sign-up form.
b. The City of Fayetteville will market through social media no less than two social
media posts every four weeks throughout the pilot program.
c. City will provide two 5-gallon square buckets and labels for each pilot program
participant.
d. City will provide 65-gallon City food waste composting carts at the City
composting facility for OCS to discard food waste from 5-gallon buckets.
e. City will waive all dump fees for materials collected as part of this pilot program.
f. City will dump and process food waste into compost windrows.
g. City may provide pilot participants with processed food waste compost organized
and scheduled at the City's discretion.
Page 2 of 4
5. Compensation: In consideration for the Services to be performed by OCS, the City
has agreed to pay OCS a total price of $5,000 to cover all costs and expenses
incurred by OCS in performing the pilot, which includes a previous payment of
$2,500.00 leaving a balance of $2,500.00 remaining to be paid through the extended
pilot program. Payments will be remitted within thirty days of receipt of valid invoices.
6. Exclusions:
a. Current customers of Ozark Compost & Swap within the Fayetteville Recycling &
Trash Collection service area are excluded from participating in the pilot
program.
b. Ozark Compost & Swap is not required to use any 5-gallon buckets it has
purchased for the pilot program.
c. Pilot customers are not eligible for OCS compost givebacks.
7. Termination: Either party reserves the right to terminate the pilot program at any
time by providing a 14-day notice to prior to termination.
8. Indemnification and Liability: OCS agrees to indemnify and hold harmless City, its
officers, officials, members, agents, and employees from any and all causes of
action, suits in law or equity, demands or claims, or from any liability of any nature
arising out of the performance of the Services and from any obligations made by
OCS or OCS's agents and/or employees. All risks for damages, theft, vandalism,
and Acts of God in execution of the Services are the responsibility of OCS during
any and all operations.
9. Compliance with Laws: OCS shall observe and comply with all applicable statutes,
orders, ordinances and regulations of the City, the County of Washington, the State
of Arkansas, the federal government and any other governmental authority having
jurisdiction over the site or the Services.
10. No Waiver: No failure to exercise and no delay in exercising, any right, power, or
remedy hereunder on the part of the City or OCS shall operate as a waiver thereof,
nor shall any single or partial exercise of any right, power, or remedy preclude any
other or further exercise thereof or the exercise of any other right, power, or remedy.
No express waiver shall affect any event or default other than the event or default
specified in such waiver, and any such waiver, to be effective, must be in writing and
shall be operative only for the time and to the extent expressly provided by the City
or OCS therein. A waiver of any covenant, term, or condition contained herein shall
not be construed as a waiver of any subsequent breach of the same covenant, term,
or condition.
11.Amendments: Changes, modifications or amendments to the scope, price or fees
dictated by this Agreement shall not be allowed without a prior formal amendment
approved by the City and by the authorized agent of OCS in advance of the change.
Page 3 of 4
AUTHORIZATION AND EXECUTION
This Agreement shall be signed by the authorized representatives of Ozark Compost and
Swap, LLC and the City of Fayetteville, Arkansas and shall be effective as of July 5, 2025.
CITY OF FAYETTEVILLE,
ARKANSAS
Molly Rawn, Mayor
ATTEST:
OZARK COMPOST AND SWAP, LLC
By: Ludew�aw
Ricky Ludman, Owner
WITNESS:
r /// ".��GTY p,•rGy
�FAYiREViLIE a -
By: By:
Kara Paxton, City Clerk -Treasurer
Date: August 11, 2025 Date:
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