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Home My WebLink About82-85 RESOLUTION41 RESOL TPICN NO. 82-85 SCANNED! A RESOLUTION AUTHORIZING THE MAYOR AND CITY CT,FRK TO EXECUTE A PRIVATE COLLECTORS SANITATION CONTRACT WITH NORTHWEST ARKANSAS WASTE MANAGEMENT, INC. BE IT RESOLVED BY THE HOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a private collectors sanitation contract with Northwest Arkansas Waste Management, Inc. A coy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 6th day of • l4a ,:x " C-O4d ATTEST L. Clerk August , 1985. ,, r. CONTRACT This CONTRACT executed on this 1985, by and between the day of City of Fayetteville, Arkansas, a municipal corporation, hereinafter called the "City", and Northwest Arkansas Waste Management, Inc., hereinafter called the "Private Collector". WITNESSETH: WHEREAS, Section 10-46 of the Fayetteville Code of Ordinances provides that no person, except a duly authorized agent or -employee o f the City, shall empty garbage or trash receptacles, or convey o r transport garbage or trash on the streets or public thoroughfares o f the City, without a written contract with the City; and WHEREAS, the City deems it desirable to permit private collectors to execute agreements with commercial establishments, industrial e stablishments and construction contractors for the collection of g arbage and trash where specialized services are required which the City cannot provide at this time. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CON- TAINED HEREIN, IT 'IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO: 1. The"City hereby grants to the Private Collector the right and privilege to collect and dispose of garbage and trash from the following establishments, to -wit: Campbell Soup --sludge only Castle Construction Ozark News Dillon's Food Stores, Levi -Strauss & Co. --cutting room Truck Rebuilders American Air Filter, Inc. Southwestern Bell --Bypass Warehouse only Veterans Hospital Winamac Steel Standard Register Kearney Company J. C. Penney Company Baldwin Piano & Organ Company Mexican Original --South Plant only, in the City of Fayetteville; and the right and privilege to transport said garbage and trash on the streets and public thoroughfares of the City. 2. Except for paper which is recycled, the Private Collector agrees to dispose of said garbage and trash at a properly permitted sanitary landfill, where and as directed by employees of said landfill aft and during such time as said landfill is normally open and available for use; provided, in the event a solid waste resource recovery plant is constructed and the City constructs or otherwise provides for t he disposal at said plant of solid waste collected in the City, the Private Collector agrees to dispose of garbage and trash it col- lects at said plant. 3. The Private Collector agrees that all vehicles used in hauling said garbage and trash shall be subject to inspection and approval of the City Sanitation Superintendent and shall be con- structed so as to prevent the contents from sifting or falling from the vehicles. 4. In the event that construction contractors approach the Private Collector for disposal of their garbage and trash on a tempo- ✓ ary basis, then Private Collector is to inform the construction contractor that said construction contractor is to request from the City Sanitation Superintendant approval of said temporary removal of garbage and trash from construction site by Private Collector. 5. As used herein, the terms "garbage" and "trash" shall have the meanings subscribed to them by Section 10-1 of the Fayetteville Code of Ordinances. 6. Failure or refusal of the Private Collector to abide by any of the terms contained herein shall give the City the right to cancel this contract upon ten (10) days written notice delivered o r mailed to the Private Collector at its regular mailing address, unless within five (5) days after receipt of such notice the Private Collector complies with the terms contained herein. 7. That the term of this Contract shall be for two years from the date of execution hereof. THIS CONTRACT EXECUTED on this AO day of 1985. CITY OF FAYETTEVILLE, ARKANSAS Acipal • poration Maydr NORTHWEST ARKANSAS WASTE MANAGE- MENT, INC By G Presiflent/Secretary • • CONTRACT This CONTRACT executed on this ,/t day of 1985, by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called the "City", and Northwest Arkansas Waste Management, Inc., hereinafter called the "Private Collector". WITNESSETH: WHEREAS, Section 10-46 of the Fayetteville Code of Ordinances provides that no person, excepta- 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; and WHEREAS, the City deems it desirable to permit private collectors to execute agreements with commercial establishments, industrial establishments and construction contractors for the collection of garbage and trash where specialized services are required which the City cannot provide at this time. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CON- TAINED HEREIN, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO: 1. The City hereby grants to the Private Collector the right and privilege to collect and dispose of garbage and trash from the following establishments, to -wit: Campbell Soup --sludge only Castle Construction Ozark News Dillon's Food Stores, Levi -Strauss & Co. --cutting room Truck Rebuilders American Air Filter, Inc. Southwestern Bell --Bypass Warehouse only Veterans Hospital Winamac Steel Standard Register Kearney Company J. C. Penney Company Baldwin Piano & Organ Company Mexican -Original --South Plant only, -, ..-. in the City of Fayetteville; and the right and privilege to transport said garbage and trash on the streets and public thoroughfares of the City. 2. Except for paper which is recycled, the Private Collector agrees to dispose of said garbage and trash at a properly permitted sanitary landfill, where and as directed by employees of said landfill and during such time as said landfill is normally open and available for use; provided, in the event a solid waste resource recovery plant is constructed and the City constructs or otherwise provides for the disposal at said plant of solid waste collected in the City, the Private Collector agrees to dispose of garbage and trash it col- lects at said plant. 3. The Private Collector agrees that all vehicles used in hauling said garbage and trash shall be subject to inspection and approval of the City Sanitation Superintendent and shall be con- structed so as to prevent the contents from sifting or falling from the vehicles. 4. In the event that construction contractors approach the Private Collector for disposal of their garbage and trash on a tempo- rary basis, then Private Collector is to inform the construction. contractor that said construction contractor is to request from the City Sanitation Superintendant approval of said temporary removal of garbage and trash from construction site by Private Collector. 5. As used,herein, the terms "garbage" and "trash" shall have the meanings_. subscribed to them by Section 10-1 of the.. Fayetteville Code of Ordinances. 6. Failure or refusal of the Private Collector to abide by any of the terms contained herein shall give the City the right to cancel this contract upon ten (10) days written notice delivered or mailed to the Private Collector at its regular mailing address, unless within five (5) days after receipt of such notice the Private Collector complies with the terms contained herein. 7. That the term of this Contract shall be for two years from the date of execution hereof. THIS CONTRACT EXECUTED on this �n4A day of 1985. ,Si..._• CITY OF FAYETTEVILLE, ARKANSAS Aicipa rpet n MavCor NORTHWEST ARKANSAS WASTE MANAGE- MENT, INC By G'" y Ru Present/Secretary