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HomeMy WebLinkAbout66-02 RESOLUTION• RESOLUTION NO. Mm - A RESOLUTION TO APPROVE AN INTERIM AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. TO ALLOW IT TO TEMPORARILY EXPAND THE HOURS OF OPERATION OF THE SOLID WASTE TRANSFER STATION, PAY FOR REPLACEMENT OF THE LIP EDGE GUARD ON THE DUMPING PLATFORM, AND FOR OTHER PURPOSES WHEREAS, Waste Management of Arkansas, Inc.'s landfill near Tontitown, Arkansas was suddenly and unexpectedly closed by state decree on April 26, 2002; and WHEREAS, the City of Fayetteville owns the only area transfer station which allows garbage trucks to dump their loads to be compacted and loaded onto semi -trailer trucks to be hauled to a distant landfill; and WHEREAS, Waste Management of Arkansas, Inc. needs access to Fayetteville's Solid Waste Transfer Station for its garbage trucks picking up municipal waste in Springdale, Rogers and other areas in Northwest Arkansas; and WHEREAS, the City of Fayetteville wishes to assist our neighboring cities and their citizens by facilitating their garbage removal during this emergency period; and WHEREAS, Waste Management of Arkansas, Inc. has agreed to assist or completely pay for the repair and replacement of the Transfer Station's hp edge guard and agreed to reimburse the City for all additional employee and administrative costs incurred because of the necessary extension of the hours of operation of the Transfer Station; and WHEREAS, Waste Management of Arkansas, Inc. has agreed to use ONLY the City's designated route to deliver garbage to the Transfer Station and truck the compacted solid waste out of Fayetteville and to do all the other things within the Interim Agreement, and WHEREAS, an emergency endangering the health and safety of this region if the municipal garbage of our neighboring cities cannot be promptly • 1 removed exists so that this Resolution and Contract should be immediately effective. 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 the Interim Contract attached as Exhibit A and authorizes the Mayor to execute this contract immediately. PASSED and APPROVED this the 30th day of April, 2002. er Woodruff, City Werk APPROVED: By aglA eLld DAN COODY, Mayor NAME OF FILE: CROSS REFERENCE: Resolution No. 66-02 04/30/02 Resolution No. 66-02 04/30/02 Interim Agreement (for use of the City of Fayetteville transfer station by Waste Management of Arkansas, Inc. for other Municipalities' Solid Waste 04/30/02 Special City Council Agenda plus agenda information • NOTES: • • INTERIM AGREEMENT FOR USE OF THE CITY OF FAYETTEVILLE TRANSFER STATION BY WASTE MANAGEMENT OF ARKANSAS, INC. FOR OTHER MUNICIPALITIES' SOLID WASTE On this 30th day of April, 2002, the City of Fayetteville, Arkansas and Waste Management of Arkansas, Inc. ("Waste Management") agree (as a supplement to their current contract which remains in full force and effect) to the following supplemental terms and conditions which supplant the current contract's terms only if specifically noted: 1. The City of Fayetteville agrees to allow Waste Management to transport along a specifically designated route within the City of Fayetteville (see map attached as exhibit A) municipal solid waste from Spnngdale, Rogers and other municipalities served by Waste Management in Northwest Arkansas to the City of Fayetteville Transfer Station. 2. The City of Fayetteville agrees that during this emergency period caused by the sudden closing of Waste Management's landfill, near Tontitown, by state authorities, the hours of operation of the Transfer Station shall be extended so that solid waste may be delivered to the Transfer Station operated during such hours as necessary to handle the increased amount of solid waste Upon cessation of the emergency situation, the normal hours of operation pursuant to paragraph 3.01 of the General Specifications to the existing contract shall be re-established. 3. Waste Management agrees to require all of its drivers to strictly comply with the route map when delivering solid waste to the Transfer Station and when trucking the compacted solid waste to the landfill. The City of Fayetteville shall permit the parking of empty, clean, over the road tractor and trailers at a designated parking lot at the City of Fayetteville airport without charge to prevent the Transfer Station from becoming over crowded. 4. Waste Management agrees to reimburse the City of Fayetteville for all overtime or additional administrative or other employee costs related to the longer hours of operation of the Transfer Station. 5. To offset the additional wear and tear associated with the increased use of the Transfer Station by Waste Management and to induce the City of Fayetteville to allow such usage, Waste Management agrees to pay 50% of the • • costs of the replacement of the lip edge guard of the dumping platform to its originally built specifications. If Waste Management needs to use the Transfer Station for longer than one week pursuant to this emergency situation, then it shall increase its contribution for this needed repair by an additional 10% of the total cost each week until it assumes 100% of the total cost of replacement on June 3, 2002, if this agreement is still in effect. 6. Waste Management agrees to haul all of the City of Fayetteville's Class 4 solid waste at normal rates for municipal solid waste during this period. 7. Waste Management agrees that the City of Fayetteville franchise fee of 5% pursuant to paragraph 3 (e) of the underlying contract shall be applied to the collection rate of all solid waste delivered to the Fayetteville Transfer Station from other municipalities and customers of Waste Management. 8. Waste Management agrees that it will operate the transfer Station pursuant to lawful permits and not allow any permit violations and will haul all of the solid waste from this Transfer Station to proper, legally permitted landfills. Since the City of Fayetteville's solid waste will be commingled by Waste Management with about twice the volume of other municipal and other solid waste brought in by Waste Management during this emergency period, paragraph 10.00 of the General Specifications is modified so that title and liability for any hazardous waste and non -acceptable waste is presumed not to have been generated or delivered by the City of Fayetteville during this period. 9. Waste Management agrees to name the City of Fayetteville as an additional insured, to the extent of its "hold harmless" obligations under paragraph 10 below, on its current general liability and pollution policies Waste Management may satisfy this requirement by obtaining appropriate endorsements to any master policies of general liability and pollution insurance Waste Management maintains. Waste Management shall look to insurance for loss due to any peril that is covered by insurance and Waste Management's insurance company shall not be subrogated to a claim against the City of Fayetteville. Nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. 10. During this period of vastly increased traffic into and out of Fayetteville's Transfer Facility, Waste Management will ensure the safe operation of the Transfer Facility and hold Fayetteville harmless from claims or liabilities for accidents caused by Waste Management, its contractors or subcontractors and ensure Fayetteville is promptly and adequately compensated for any damage to its trucks, machines, equipment, real and personal property and personnel. 11. All terms and conditions of the current Agreement To Transport And Dispose Of Municipal Solid Waste And For Operation Of Transfer Station renewed for a five year term beginning April 1, 2001 (as amended) shall remain in full force and effect unless expressly and directly changed temporarily by this Interim Agreement. 12. This Interim Agreement shall terminate upon the full reopening of the landfill near Tontitown and may be terminated or modified upon 30 -day written notice delivered to the other party. CITY OF FAYETTEVILLE, ARKANSAS By: WASTE MANAGEMENT OF ARKANSAS, INC By Dan Coody, Mayor 4 John Van Gessel Its Vice President r to t.w. aTtES • �' • bodruff, City Cl Witness 05/01/02 15:33 FAX 5013791701 QUATTLEBAUM GROOMS • • INTERIM AGREEMENT FOR USE OF THE CITY OF FAYETTEVILLE TRANSFER STATION BY WASTE MANAGEMENT OF ARKANSAS, INC. FOR OTHER MUNICIPALITIES' SOLID WASTE On this 30th day of April, 2002, the City of Fayetteville, Arkansas and Waste Management of Arkansas, Inc. ("Waste Management") agree (as a supplement to their current contract wluch remains in hill force and effect) to the following supplemental terms and conditions which supplant the current contract's terms only if specifically noted: 1. The City of Fayetteville agrees to allow Waste Management to transport along a specifically designated route within the City of Fayetteville (see map attached as exhibit A) municipal solid waste from Springdale, Rogers and other municipalities served by Waste Management in Northwest Arkansas to the City of Fayetteville Transfer Station. 2. The City of Fayetteville agrees that during this emergency period caused by the sudden closing of Waste Management's landfill, near Tontitown, by state authorities, the hours of operation of the Transfer Station shall be extended so that solid waste may be delivered to the Transfer Station operated during such hours as necessary to handle the increased amount of solid waste Upon cessation of the emergency situation, the normal hours of operation pursuant to paragraph 3.01 of the General Specifications to the existing contract shall be re-established. 3. Waste Management agrees to require all of its drivers to strictly comply with the route map when delivering solid waste to the Transfer Station and when trucking the compacted solid waste to the Landfill. The City of Fayetteville shall permit the parking of empty, clean, over the road tractor and trailers at a designated parking lot at the City of Fayetteville airport without charge to prevent the Transfer Station from becoming over crowded. 4. Waste Management agrees to reimburse the City of Fayetteville for all overtime or additional administrative or other employee costs related to the longer hours of operation of the Transfer Station. 5. To offset the additional wear and tear associated with the increased use of the Transfer Station by Waste Management and to induce the City of Fayetteville to allow such usage, Waste Management agrees to pay 50% of the Ij002/009 05/01/02 15:34 FAX 5013791701 QUATTLEBAUM GROOMS • • costs of the replacement of the lip edge guard of the dumping platform to its originally built specifications. If Waste Management needs to use the Transfer Station for longer than one week pursuant to this emergency situation, then it shall increase its contribution for this needed repair by an additional 10% of the total cost each week until it assumes 100% of the total cost of replacement on June 3, 2002, if this agreement is still in effect. 6. Waste Management agrees to haul all of the City of Fayetteville's Class 4 solid waste at normal rates for municipal solid waste during this period. 7. Waste Management agrees that the City of Fayetteville franchise fee of 5% pursuant to paragraph 3 (e) of the underlying contract shall be applied to the collection rate of all solid waste delivered to the Fayetteville Transfer Station from other municipalities and customers of Waste Management. 8. Waste Management agrees that it will operate the transfer Station pursuant to lawful permits and not allow any permit violations and will haul all of the solid waste from this Transfer Station to proper, legally permitted landfills. Since the City of Fayetteville's solid waste will be commingled by Waste Management with about twice the volume of other municipal and other solid waste brought in by Waste Management during this emergency period, paragraph 10.00 of the General Specifications is modified so that title and liability for any hazardous waste and non -acceptable waste is presumed not to have been generated or delivered by the City of Fayetteville during this period. 9. Waste Management agrees to name the City of Fayetteville as an additional insured, to the extent of its "hold harmless" obligations under paragraph 10 below, on its current general liability and pollution policies. Waste Management may satisfy this requirement by obtaining appropriate endorsements to any master policies of general liability and pollution insurance Waste Management maintains. Waste Management shall look to insurance for loss due to any peril that is covered by insurance and Waste Management's insurance company shall not be subrogated to a claim against the City of Fayetteville. Nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. 10. During this period of vastly increased traffic into and out of Fayetteville's Transfer Facility, Waste Management will ensure the safe operation of the Transfer Facility and hold Fayetteville harmless from claims or liabilities for Ij003/004 05/01/02 15:34 FAX 5013791701 QUATTLEBAUM, GROOMS • accidents caused by Waste Management its contractors or subcontractors and ensure Fayetteville is promptly and adequately compensated for any damage to its trucics, machines, equipment, real and personal property and personnel_ 11 All terms and conditions of the current Agreement To Transport And Dispose Of Municipal Solid Waste And For Operation Of Transfer Station renewed for a five year term beginning April 1, 2001 (as amended) shall remail in hill force and effect unless expressly and directly changed temporarily by this Interim Agreement. 12. This Interim Agreement shall terminate upon the full reopening of the landfill near Tontitown and may be terminated or modified upon 30 -day written .notice delivered to the other party. CITY OF FAYETTEVILLE, ARKANSAS By: Dan oody, Mayor t ) w - oodruff, City Clerk Witness WASTE MANAGEMENT OF ARKANSAS, INC By: John Van Gessel Its Vice President • Q1004/004 FAYETTEVILLE • THE CITY OF FAYETTEVILLE, ARKANSAS AGENDA SPECIAL CITY COUNCIL APRIL 30, 2002 A special meeting of the Fayetteville City Council will be held at 4:20 p.m. on April 30, 2002, in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. 1. WASTE MANAGEMENT: A resolution to approve an interim agreement with Waste Management, Inc. to allow it to temporarily expand the hours of operation of the Solid Waste Transfer Station, pay for replacement of the lip edge guard on the dumping platform, to declare an emergency and for other purposes. 113 WEST MOUNTAIN 72701 479-621-7700 FAX 479-6768257 • • • RESOLUTION NO. A RESOLUTION TO APPROVE AN INTERIM AGREEMENT WITH WASTE MANAGEMENT, INC. TO ALLOW IT TO TEMPORARILY EXPAND THE HOURS OF OPERATION OF THE SOLID WASTE TRANSFER STATION, PAY FOR REPLACEMENT OF THE LIP EDGE GUARD ON THE DUMPING PLATFORM, TO DECLARE AN EMERGENCY AND FOR OTHER PURPOSES WHEREAS, Waste Management, Inc.'s landfill near Tontitown, Arkansas was suddenly and expectedly closed by state decree on Apnl 26, 2002; and WHEREAS, the City of Fayetteville owns the only area transfer station which allows garbage trucks to dump their loads to be compacted and loaded onto semi -trailer trucks to be hauled to a distant landfill; and WHEREAS, Waste Management, Inc. needs access to Fayetteville's Solid Waste Transfer Station for its garbage trucks picking up municipal waste in Springdale, Rogers and other areas in Northwest Arkansas; and WHEREAS, the City of Fayetteville wishes to assist our neighboring cities and their citizens by facilitating their garbage removal during this emergency period; and WHEREAS, Waste Management, Inc. has agreed to assist or completely pay for the repair and replacement of the Transfer Station's lip edge guard and agreed to reimburse the City for all additional employee and administrative costs incurred because of the necessary extension of the hours of operation of the Transfer Station; and WHEREAS, Waste Management, Inc. has agreed to use ONLY the City's designated route to deliver garbage to the Transfer Station and truck the compacted solid waste out of Fayetteville and to do all the other things within the Interim Agreement; and WHEREAS, an emergency endangering the health and safety of this region if the municipal garbage of our neighboring cities cannot be promptly • • removed exists so that this Resolution and Contract should be immediately effective 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 the Interim Contract attached as Exhibit A and authorizes the Mayor to execute this contract immediately. Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines that the immediate operation of this contract is necessary to preserve the health and safety of the citizens of Fayetteville and our neighboring cities and so declares an emergency exists so that this Resolution and the Interim Agreement shall be in full force and effect immediately upon its passage and execution. PASSED and APPROVED this the 30th day of April, 2002. ATTEST: By: Heather Woodruff, City Clerk APPROVED: By: DRAFT DAN COODY, Mayor FAYETTEV1I.LE Kit Williams CITY ATTORNEY • THE CITY OF FAYETTEVILLE, ARKANSAS CITY ATTORNEY DIVISION 113 WEST MOUNTAIN, 72701 PHONE 501.5758313 FAX: 501.575-8315 April 30, 2002 Waste Management of Arkansas, Inc. ATTN: Mr. Chuck Dees By FAX: 713-647-5466 RE: Interim Agreement Dear Mr. Dees and Mr. Wheatley: Attached is the Interim Agreement revised pursuant to your request. If this is satisfactory, please sign and fax it back to me. Please also provide your mailing address so I can send you an origral for your signature which we will eventually substitute for the signed fax copy. With kindest regards, Kit Williams Fayetteville City Attorney KW/jh Enclosure 04-30-2002 10:02am From- T-160 P.001/005 F-631 • 820 Gessner, Suite 940, Houston, D( 77024 Office: (713) 647.5450 FAX (713)647-6486 Fax • Waste Management Texas / Oklahoma Region Office To: Kit Williams From: Chuck Dees Fate 501-575-8315 Pages: 5 Phone: Data 4/30/02 Re: CC: 0 Urgent ID For Review 0 Please Comment 0 Please Reply 0 Please Recycle • Comments: Attached is a signed copy of the Interim Agreement per your request Our mailing address is: 820 Lessner Suite 940 Houston, ix 77024 Please notify Chuck Dees when received. Thanks. Geny Nall • • INTERIM AGREEMENT FOR USE OF THE CITY OF FAYETTEVILLE TRANSFER STATION BY WASTE MANAGEMENT OF ARKANSAS, INC. FOR OTHER MUNICIPALITIES' SOLID WASTE On this 30th day of April, 2002, the City of Fayetteville, Arkansas and Waste Management of Arkansas, Inc. ("Waste Management") agree (as a supplement to their current contract which remains in full force and effect) to the following supplemental terms and conditions which supplant the current contract's terms only if specifically noted: 1. The City of Fayetteville agrees to allow Waste Management to transport along a specifically designated route within the City of Fayetteville (see map attached as exhibit A) municipal solid waste from Springdale, Rogers and other municipalities served by Waste Management in Northwest Arkansas to the City of Fayetteville Transfer Station. 2. The City of Fayetteville agrees that during this emergency period caused by the sudden closing of Waste Management's landfill, near Tontitown, by state authorities, the hours of operation of the Transfer Station shall be extended so that solid waste may be delivered to the Transfer Station operated during such hours as necessary to handle the increased amount of solid waste Upon cessation of the emergency situation, the normal hours of operation pursuant to paragraph 3.01 of the General Specifications to the existing contract shall be re-established. 3. Waste Management agrees to require all of its drivers to strictly comply with the route map when delivering solid waste to the Transfer Station and when trucking the compacted solid waste to the landfill. The City of Fayetteville shall permit the parking of empty, clean, over the road tractor and trailers at a designated parking lot at the City of Fayetteville airport without charge to prevent the Transfer Station from becoming over crowded. 4. Waste Management agrees to reimburse the City of Fayetteville for all overtime or additional administrative or other employee costs related to the longer hours of operation of the Transfer Station. 5. To offset the additional wear and tear associated with the increased use of the Transfer Station by Waste Management and to induce the City of Fayetteville to allow such usage, Waste Management agrees to pay 50% of the • • costs of the replacement of the lip edge guard of the dumping platform to its originally built specifications. If Waste Management needs to use the Transfer Station for longer than one week pursuant to this emergency situation, then it shall increase its contribution for this needed repair by an additional 10% of the total cost each week until it assumes 100% of the total cost of replacement on June 3, 2002, if this agreement is still in effect. 6. Waste Management agrees to haul all of the City of Fayetteville's Class 4 solid waste at normal rates for municipal solid waste during this period. 7. Waste Management agrees that the City of Fayetteville franchise fee of 5% pursuant to paragraph 3 (e) of the underlying contract shall be applied to the collection rate of all solid waste delivered to the Fayetteville Transfer Station from other municipalities and customers of Waste Management. 8. Waste Management agrees that it will operate the transfer Station pursuant to lawful permits and not allow any permit violations and will haul all of the solid waste from this Transfer Station to proper, legally permitted landfills. Since the City of Fayetteville's solid waste will be commingled by Waste Management with about twice the volume of other municipal and other solid waste brought in by Waste Management during this emergency period, paragraph 10.00 of the General Specifications is modified so that title and liability for any hazardous waste and non -acceptable waste is presumed not to have been generated or delivered by the City of Fayetteville during this period. 9. During this period of vastly increased traffic into and out of Fayetteville's Transfer Facility, Waste Management will ensure the safe operation of the Transfer Facility and hold Fayetteville harmless from claims or liabilities for accidents caused by Waste Management, its contractors or subcontractors and ensure Fayetteville is promptly and adequately compensated for any damage to its trucks, machines, equipment, real and personal property and personnel. 10. All terms and conditions of the current Agreement To Transport And Dispose Of Municipal Solid Waste And For Operation Of Transfer Station renewed for a five year term beginning April 1, 2001 (as amended) shall remain in full force and effect unless expressly and directly changed temporarily by this Interim Agreement. • 04-30-2002 10:03am From - • • T -I60 P.0051005 F-631 11. This Interim Agreement shall terminate upon the full reopening of the landfill near Tontitown and may be terminated or modified upon 30 -day written notice delivered to the other party. CITY OF ASTE MANAGEMENT FAYETTEVILLE, ARKANSAS 4 F ARKANSAS, INC. By: 14: (_�--). L ' Chuck Dees Group Vice President Dan Coody, Mayor ATTEST: By: Heather Woodruff, City Clerk —WEDINGTON DR • : HWY_112 -- W IW J 0 U �O /W CO t, O K TOWNSHIP -ST v -------------------------- OVERFLOW PARKING DRAKE: FIELD • • M15 1S ON BLVD • • • HUNTSVILLE RD • SOLID WASTE TRANSFER STATION • • • • • • • • • • • • • 4 EXHIBIT A TO INTERIM AGREEMENT WASTE MANAGEMENT'S DRIVER PERMITTED ROUTE THROUGH FAYETTEVILLE, AR 0 0.5 1 2 Miles APRIL 30, 2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WFIITAKER, ASST CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: All City Council Members FROM: Kit Williams, City Attorney DATE. April 30, 2002 RE: Special Meeting of City Council Interim Agreement For Use Of Transfer Facility On Monday morning, Mayor Coody, General Services Director Gary Dumas, Budget Director Steve Davis, Solid Waste Supervisors Carrol Hill and Ronnie Caudle and I met with several representatives of Waste Management of Arkansas, Inc. to hammer out terms of an Interim Agreement for increased use of our Transfer Station. I drafted a proposed Interim Agreement and have negotiated with the Group Vice President of Waste Management out of their Houston, Texas office, Mr. Chuck Dees. We now have a signed, faxed copy of the proposed Interim Agreement. (attached) The City Administration and I recommend that the City Council approve this Interim Agreement which includes several provisions to ensure our city and our citizens are not adversely impacted by Waste Management's increased use of our Transfer Station. For example, all truck traffic must only use I-540 to Business 71 South to Highway 16 East to the Transfer Station Waste Management has agreed to help • • repair and replace the lip edge guard at our Transfer Station because of this increased use. All non -Fayetteville trash transferred through our Transfer Station to be hauled away on over the road trucks is subject to the 5% franchise fee payable to the City. I have also included a couple of sections to limit our potentially increased liability from the increased trash volume flowing through our facility. Please also note we have a 30 -day right to terminate this Interim Agreement