HomeMy WebLinkAbout77-07 RESOLUTIONRESOLUTION NO. 77-07
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH TM3, LLC TO HAUL AND DISPOSE OF
SOLID WASTE WITHIN THE CITY LIMITS OF FAYETTEVILLE.
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 Mayor to execute a contract with TM3, LLC to haul and
dispose of solid waste within the city limits of Fayetteville. A copy of the contract
marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 1st day of May, 2007.
ATTEST:
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By: Qt a ik
DAN COODY, Mayor - SONDRA E SMITH, City Clerk/Treasurer
AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE
IN THE CITY OF FAYETTEVILLE
This Agreement (the "Agreement"), is entered into on this 1y of May , 2007,
between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and
TM3, LLC (the "Hauler"), and shall be in full force and effect on the date first
written above. City and Hauler agree as follows:
Hauler agrees that from and after the original date of this Agreement, all customer service
Agreements for facilities within the corporate limits of the City entered into before or
after the effective date of this Agreement, or renewed shall have terms of no more than
two (2) years and any subsequent extensions shall be for terms of no more than one (I )
year.
2. The term of this Agreement shall be for three (3) years, unless otherwise terminated
pursuant to the terms hereof.
3. Hauler agrees and understands that it may only collect and haul Solid Waste using the
type equipment commonly referred to as open -top roll -off style containers with capacities
of twenty (20) cubic yards or greater, or rolloff style compactor containers with
capacities of twenty (20) cubic yards or greater, containing waste generated from
industrial, large commercial or construction/demolition activities, or which is classified
as Special Waste, Hazardous Waste, grease or any other type Solid Waste which requires
special handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in
other containers. No unseparated recyclables collected in any type container shall be
hauled from any customer within the corporate limits of the City of Fayetteville. The
collection of scrap metal, cardboard and other source -separated recyclables are not
controlled or affected by this contract.
4. Hauler agrees and understands that it may utilize the City's transfer station for all Class 1
waste collected pursuant to this Agreement and shall deliver all Class 4 waste to a
properly licensed landfill facility. Hauler shall pay all transfer station fees to the transfer
station operator and all Class 4 landfill fees to the landfill operator, as they may be
established and amended, from time to time.
5. Hauler shall pay all fees due hereunder, along with the required supporting information,
on or before the I5'" of each calendar month for the immediately preceding calendar
month. Payments of fees received after the due date shall be assessed a 2% penalty per
month. If Hauler failed to pay the fees within forty-five (45) days of the due date, the
City may revoke this Agreement upon delivery of written notice to the Hauler. The
supporting information shall be sufficient to demonstrate the accuracy of the fee
calculation, and shall include the following information: (i) Hauler's worksheet
calculating the fees remitted; (ii) a blind list of payments received from customers within
the City; (iii) such list shall clearly indicate whether each payment was from a permanent
or temporary customer, and (iv) the fee shall be based upon all activity from each
customer account within the City, and shall include the normal billing charges for all free
or discounted services (excluding those for non-profit organizations) including but not
limited to delivery, pull charges, disposal charges, transportation charges, final pull
charges, and return charges. The City shall have the right to conduct an audit of Hauler's
customer files and records for all customers located within the City, provided that such
audit privilege shall be limited to once per calendar quarter. If such audit reveals the
1
hauler should have paid at least 5% more than reported, the cost of the audit shall be paid
by the Hauler to the City. During such audit, the City may review certain trade secret
information, including rates, frequency of service, customer lists, and other customer
information provided that such trade secret information may not be copied or removed by
the City. Nor shall such information be divulged to any third party by the City, its
employees, officers, or elected officials without the express written consent of the Hauler.
6. Hauler agrees and understands that it shall submit to the City on an annual basis a list of
all commercial vehicles used to provide services in the City, proof of appropriate vehicle
registration, and proof of the insurance required under Section 16.
7. Hauler agrees and understands that it shall provide a list of vehicle operators collecting
and hauling waste in the City of Fayetteville, along with proof of their valid and
appropriate commercial drivers' licenses issued by the State of Arkansas. The Hauler
shall also provide, maintain, and implement a plan to ensure that the vehicle operators
maintain their commercial driver's licenses in accordance with applicable federal and
state laws.
8. Hauler agrees that it shall comply with all federal, state and local laws applicable to the
safety, environmental and transportation matters related to providing solid waste
collection services under this Agreement. Hauler agrees that all open -top roll -off style
containers will be properly covered during transit on streets and highways within
Fayetteville.
9. In consideration of the right to provide the services described under this Agreement,
Hauler agrees and understands that it shall be required to pay a monthly fee of ten (10%)
percent (the "Fee") of the gross revenue received for all services provided under this
Agreement. Upon execution of this Agreement, a deposit shall be paid in advance to the
City. The deposit shall be equal to one-half of the total fees that were or would have been
paid by the Hauler within to the City during the previous twelve (12) months. Such
deposit shall be reviewed on an annual basis. Any reasonable disagreement in estimated
gross revenue will be decided in the favor of the City. The deposit shall be refunded, less
any unpaid fees, when the Hauler ceases operation within the City or this Agreement is
terminated, whichever is earlier
10. The City reserves the right to inspect all vehicles and containers to ensure that the
vehicles are safe and well-maintained and that all containers are well-maintained and
water tight, if necessary.
11. Hauler agrees and understands that it shall be required to establish an individual credit or
service relationship with the City of Fayetteville transfer station operator. Hauler agrees
that it shall comply with all practices, policies and procedures as established by the
transfer station operator from time to time. Any tipping fee deposits required by the
transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when
the Hauler ceases hauling activities governed by this Agreement.
12. This Agreement has been entered into freely and voluntarily by Hauler 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 related in any way to any license or ordinance created pursuant to A.C.A. §26-77-
102.
2
13. Neither this Agreement, nor any rights or obligations hereunder may be assigned or
transferred to any third party or affiliate.
14. For the purpose of this contract, the Point of Contact of the City of Fayetteville shall be
Gary Dumas or his successor. The Point of Contact for the Hauler shall be
Jason Pnnce . 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.
15. Hauler 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) Hauler's breach of any term, condition,
covenant or warranty contained in this Agreement, or (ii) Hauler'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.
16. Insurance: Hauler shall maintain the following insurance coverage during the term of this
Agreement:
(a) Hauler 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.
(b) Upon written request, Hauler shall furnish the City with evidence that the
insurance required of it is in force.
(c) The types of coverage and limits of liability of all insurance required herein shall
be as follows:
COVERAGE
LIMITS OF LIABILITY
Workmen's Compensation
Statutory
Employer's Liability
$500,000
Bodily Injury Liability except
Automobile
51,000,000 each
occurrence
Property Damage Liability
Except Automobile
$1,000,000 each aggregate
3
Automobile Bodily Injury
Comprehensive General
Liability
Automobile Property Damage
Liability
$1,000,000 each person
$1,000,000 each
occurrence
$1,000,000 each
occurrence
Excess Umbrella Liability $1,000,000 each occurrence
17. Termination:
(a) Except as otherwise provided herein, if Hauler breaches this Agreement or
defaults in the performance of any of the requirements or conditions contained
herein, and such breach continues for fifteen (15) days after the City has given
the Hauler written notice of such breach or default, the City may: (i) terminate
this Agreement fifteen (15) days after the fifteen (15) days in which to cure; or
(ii) cure the breach or default at the expense of the Hauler; and (iii) have recourse
to any other right or remedy to which it may be entitled by law.
(b) The City may terminate this Agreement upon written notice to the Hauler if the
Hauler makes an assignment for the benefit of creditors, or files a voluntary
petition in bankruptcy, receivership or insolvency, or files an answer in any
involuntary proceeding of that nature admitting the material allegations of the
petition, or if a proceeding in bankruptcy, receivership or insolvency shall be
instituted against the offending and such proceeding is not dismissed within sixty
(60) days.
(c) In the event that this Agreement is terminated for any reason, any amounts
payable to the City by Hauler for services rendered for any reason whatsoever
shall become immediately due and payable as of the date of such termination.
18. All notices required or permitted under this contract shall be submitted in writing to the
other party to this contract, by certified mail, return receipt requested, which notice shall
be effective three (3) days after deposit therein addressed to the following:
City of Fayetteville
Dan Coody, Mayor
113 West Mountain Street
Fayetteville, AR 72701
TM3, LLC
Attn: Jason Prince
810 Lester Ln.
Rogers, AR 72756
19. Hauler 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
documents, Hauler will do everything possible to provide the documents in a prompt and
timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-
19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be
assessed for this compliance.
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20. This agreement shall be interpreted according to and enforced under the laws of the State
of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ
Reg. No. 22.
21. A waiver by either party of any of the terms or conditions herein shall be limited to that
particular instance, and shall not be construed as a general waiver of either party's right
to seek appropriate remedies for any other breaches by either party.
22. Each paragraph of this Agreement is severable from all other paragraphs. In the event any
court of competent jurisdiction detennines that any paragraph or subparagraph is invalid
or unenforceable for any reason, all remaining paragraphs and subparagraphs shall
remain in full force and effect.
23. This contract constitutes the entire understanding of the parities and no modification or
variation of the terms of this contract shall be valid unless made in writing and signed by
the duly authorized agents of the City of Fayetteville and the Hauler.
24. Each of the undersigned warrants that he or she has the full right, power, and authority to
execute this contract on behalf of the party indicated for the purposes herein contained.
25. To the extent a definition or a specific term is not provided herein but is nonetheless
required by the context, it is the intention of the parties to incorporate herein the
definitions contained in applicable law and regulation in effect as the date hereof, except
to the extent subsequent law or regulation shall expressly or implicitly mandate a revised
definition.
26. The obligations of the parties to this Agreement, which by their nature would continue
beyond the termination, cancellation or expiration of this Agreement, shall survive the
termination (for any reason), cancellation or expiration of this Agreement.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
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FAYETTEVILLE;
ATTEST �:VP9 ;'KAN.,?:•j:i ��, >
`� ANG TON G r ""'
By:
SO DRA SMITH, City Clerk
By:
By:
5
CITY • FAYE ILLE
John Nelson
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
5/1/2007
City Council Meeting Date
Solid Waste & Recycling
Division
Action Required:
Operations
Department
A resolution approving an agreement between the City of Fayetteville, Arkansas and TM3, LLC to haul and dispose
of solid waste in the City of Fayetteville.
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
rect Date
Department i e
( -M - CM—
City Attome —� Date
Finance and Internal Service Director
al/t
Mayor
-11-07
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City,
Received in Mayor's Office
Comments:
rayetylle
Interdepartmental Correspondence
OPERATIONS
DEPARTMENT
To:
Mayor and City Council
From: John Nelsor(��Dperations Mgmt. Accounting Coordinator
Date: April 9, 2007
Subject: Agreement with TM3, L.L.C. to haul and dispose of solid waste in the City of
Fayetteville
Recommendation: A resolution approving an agreement between the City of Fayetteville,
Arkansas and TM3, L.L.C. to haul and dispose of solid waste in the City of Fayetteville.
Background. TM3, L.L.C. has requested to haul and dispose of waste within the City of
Fayetteville. The contract will permit TM3, L.L.C. to haul and dispose of waste in containers
twenty (20) cubic yards and greater in size The agreement requires TM3, L.L.C. to pay a
monthly fee to the City of Fayetteville of ten (10%) percent of the gross revenue. This is the
standard agreement authorized by City Council in implementing the contract fee.
Discussion The term of this agreement is three years. TM3, L.L.C. requests to be permitted to
operate within the City of Fayetteville.
Staff proposes approval for TM3, L.L.C. to haul and dispose of waste within the City of
Fayetteville, per the terms and conditions outlined in the attached agreement
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXEC
CONTRACT WITH TM3, LLC TO HAUL AND
SOLID WASTE WITHIN THE CITY LIMITS OF,
BE IT RESOLVED BY THE C + COUN Oj1 THE # Y OF
FAYETTEVILLE, ARKANSAS:
Section 1. Tha:���� Coun ` o" tae City i, Fayettevill ansas
hereby authorizes ayo exec a act w TM3, LLC to haul and
dispose• was i e city ette copy of the contract
ereof.
this 1st day of May, 2007.
ATTEST.
By:
COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
04/09/2007 11:44 4796316315
04/09/2007 11:66 FAX 479444349U
FULTON EQUITIES
sur LLWvorvnae.+u•. ... • •.
AGREEMENT TO HAUL AND DISPOSE OR SOLID WASTE
IN THE CITY OF FAYE TEVILLE
This Agreement (the "ApteanenC), is entered into on this _1day of s�`F kat 0. 2001,
between the City, of Fayetteville, Arkansas, a municipal corporation (the "City"), and
rx1.31 L).. Co (the "Hader"), and shall be in MI force and effect on the date first
written above. City ILA Hasler are as follows;
1. Hader agrees that from and after the original date of this Agreement. all oustemae tetvice
Agreements for facilities within the corporate limits of aha City entered into befog or
after the effective date of this Agreement, or renewed shall have terms of no more than
two (2) yaws and any subsequent extensions shall be for tetras of no more Oran one (1)
year.
2. The tern of this Areenant shall be for three (3) years, unless otherwise terminated
pursuant to the terms hereof
3. Hauler agger and understands that it may only collect and haul Solid Waste using the
type squfrnent commonly referred to as open -top rolloff style coition with capacities
of twenty (20) cubic yards or greater, or rolitof style compactor containers with
capacities of twenty (20) cubic yards or greater, containing novae generated from
industrial, lag commercial or cenetrucuon'deomlltion activities, or which is classified
as Spatial Was$c, Hazardous Waste, pease or any other type Solid Waste which requires
special handling or 41speal. Hada shall not collect any Class 1 or Class 4 material in
other =tethers. No unseparated recyclable collected in any type container shell be
hauled from any customer within the corporate limits of the City of Fayetteville. The
collection of scrap metal, cardboard and other soureesepsrsted recyclablen ars not
controlled or affected by this contact.
4. Hasler agyees tad understands that it may utilize the City's transfer station for all Clue 1
wase collected pursuant to this Agreement and shall deliver all Class 4 waste to a
properly licensed landfill facility. Hauler shall pay all transfer station fees to the transfer
station operator and all Class 4 landfill fen to the laorfiU operator, as dist' may be
established end amended, from time to time.
5. Hauler shall pay all toes due hereunder, along with the required suppof ling infamNon,
on or before the 1S' of each calendar month fix the immediately preceding minder
mor b. Payments of fees received after the dee date shall be assessed a 244 penalty per
month. If Hauler titled to pay the fees within forty-five (45) days of the due date, the
Citi may revoke this Agreement upon delivery of written notice to the Hauler. The
supporting information shall be sufficient to demonstrate the accuracy of the The
calculation, and shell include the following information: (f) }Wen worksheet
calculating the fees remitted; (ii) a blind Pat of payments received from customen within
the City; (ill) such fist shall clewly indicate whether each payment was from a permanent
or temporary customer. and (iv) the fes shall be based upon all activity from each
customer scco mt within the City, ad shall include the normal billing charges fbr all free
or discounted sonless (excluding those fbr nonprofit organizations) including but not
limited to delivery, pull chargee, disposal charges, tree sportstioa charges. final pull
charge, Ind return charges. The City shall have the right to conduct an audit of Hauler s
customer files and records forell customers loaned within the City, provided that such
audit pdvllp shall be limited to once per calendar quarter. if such audit reveals the
1
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FULTON EQUITIES
Cur IKN,Arufla11un mania
PAGE 04
balder should have paid et last 5% more than reported, the cost of the audit shall be paid
by the Hauler to the City. During such audit. the City may review certain trade watt
infmnation, including rates, frequency of service, customer lists, and other customer
information provided that such trade secret information may oat be copied or removed by
the City. Nor shall such information be divulged to any third party by the City, its
employees, officers, or elected oMcids without the express written consent olds Hsuler,
6. Hauler epees and understand§ that it shall submit to the City on an annual basis a list of
all camumesciel vehicles used to provide services In the City, proof of appropriate vehicle
registration, and proof of the insursncc required under Section 16.
7, Hauler swess and ooderstaods that it shell provide a list of rebid, operetta collecting
and hauling waste in the City of Fayetteville, along with proof of their valid and
eppropriae commercial drives' licenses issued by the State of Arkansas. The Hauler
shall also provide, ntahttaba, and implement a plan to ensure that the vehicle operators
maintain their commercial driver's licenses in accordance with applicable kderal and
state laws.
8. Hauler agrees that h shall comply with all tidal, state and local laws applicable to the
safety, eevitonmeatai and tansponadon nesters related to providing solid waste
collection services under this Agreement Hauler agrees that all opco4op roll -off style
containers will be properly covered during transit on streets and highway, within
Payetteville.
9. In considamtiou of the tight to provide the services described under this Agreement,
Hauler agrees and understands that it shall be required to pry a moa@dy fee of ten (10%)
percent (the "Fee") of the grog revamp recurved for all services provided wider this
Agnrment, Upon execution of this Agreement, a deposit shall be paid in advance to the
City. The deposit shall be equal to oprbelf of the total fees
r would
have
Such
beat
paid by the Hauler within to the City during the previous twelve mo
deposit sba0 be reviewed cm an grams' basis. Any reasonable disownment is estimated
gran revenue will be decided in the favor of the City. The deposit shall be refunded, less
any unpaid fees, when the Hauler ceases operation within the City or this Agreement is
te+winetsd, whichever is saber.
10. The City reserves the right to inspect all vehicles end containers to more that the
vehicles aro safe and well-maintained and dist all otmtainas are well maintained and
warm tight, if necessary.
11. Hailer agrees and understands that it shall be rendred to establish en individual credit or
service relationship with the City of Fayetteville transfer station operator and the
Tontitown Landfill operator. Hauler agrees that it shall comply with all practices, policies
and protective* se established by the tauter Mahon operator from time to time. Any
tipping fats deposits required by the transfer station or landfill operators shall be refunded,
less any unpaid tipping tea, when the Hauler ceases hauling activities governed by this
Agnununt
12. This Agreement has been entered into trimly end voluntarily by Hauler wbid, agrees to
abide by all of the tensa and weeklong as a matter of conascnod obliption purswun to
applicable city ordinances. This is a contractual Agreaoeoe
and is not intended to be part
2
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wr
urFaRljeClit EQUITIES PAGE 03
of of related M any way to any license or ordinance spied pursuant
to A.C.A. %26-77-
13. Neitha this +warrent, nor any rights or obligations hereunder may be assisted ar
transfarcd to any third party ar affiliate.
14. For the purpose of this contract, the Point of Contact of the City of Fayetteville shall be
Gary DDt�ttu� or his successor- The Point of Contact for the Hauler shall be
..InentN hr pec . Communications pertaining to day -today aspects of this
connect shall be through these Neuss. oda to ilk oder r D cbmge � Point
of Content upon ten (10) days prior
15. Hauler spots to prosect, indemnify, defend and save harmkea the City, its officials,
officers, employees, agents, abomasa, rep t ent:ai es and snips from any loss,
claim. liability, penalty. fine, tahituta, demand' cau+a of Stion. suit and con and
expanse incidental there (including owls of defense, settlement and reasonable
attorneys' Lees), to the extent caused by (i) Haulers breach of any teem, condition.
covenant or warrauy contained in this Apeement, or (11) Haulees negligent ad or
omission or willful misconduct related to the delivery of waste to the City transfer station
ora properly licensed landfill facility.
16. lnunnra! Hauler shall maintain the following insurance coverage during the teem of this
Agraabfl:
(a) Hauler shall provide end maintain, during the term of this Ageetnene.
comprehensive general liability insurance, to protect against all claims arising cot
of the ty damage.
oIts seryon. hereunder t result � in a bodiclause � insurer
*Airy, death or
proynet da celo. The policy polis
will not cancel or demur the Inman coverage without Asst giving the City
stay (60) days nodose in writing.
Upon written request, Hauer shall furnish the City with evidence that the
Insolence required of it is in force.
The types of coverage and limits of liability of all insurance required herein shall
be a fblowe:
ro)
(c)
COVIRAGIC
Workmen's Compenatioe
Employee's Liability
Bodily lgjwy liability oreept
Automobile
PropKty DOOMS Liability
Except Automobile
LIMITS OFUAW/FY
stenttay
5300,000
51,000,000 each
occurrence
3
SI .000.000 each aggregate
FUL
04/69/2007 11:44 4796316315 COP TRANSPORTATION DI13 EQUITIES
04/09/2007 11:50 FAX 4794443490
17. IciaMioai
Except ss otherwise provided herein, if Hauler brackets this Agreement or
defaults in the performance ace of any of the rvqui ands or conditions contested
Win. ad such breach continua for fifteen (15) days alter the City has given
the Haakr wriltea fleece of such breach at default, the City may: (I) teammate
thls Aaeeewp t fifteen (15) days after the fifteen (13) days in which to curt; or
(ii) cure the breach or default at the expense of the neuter, and (lU) have recourse
to any other right or remedy to which it may be entitled by law.
(b) The City may terminate this Agreement upon writes notice to the linter if the
Hauler makes an assignment for the benefit of creditors, or files a voluntary
petition in bankruptcy, receivership or insolvency, or files an answer in any
involmhtary proceeding of that nature admitting the material ailegatioas of the
to b„*„ per., recetvenhip err insolvency shall be
iosnsttion, pis
if s pso is not dismissed within sixty
instituted apst the offending and such proceeding
(60) days.
(c) 1a the event that this Agreement is t nninatsd for any reason. any amounts
potable to the City by Hauler for services rendered for any reason whatsoever
shall become immediately due red payable as of the date of such termination.
11. All notices requited or permitted under this oerrsact shall be submitted in wrih � totthe
other party to this contract, by certified mail, return receipt requested,
be effective throe (3) days ata deposit therein addressed to the following:
City of Fayetteville Ann_
Den Coody. Mayor
113 west Mountain Street
Fayetteville, Al, 72701
19. Hauls agrees and understands that chis Agreement and documents submitted to the City
pursuant hereto are subject to the Arkansas Freedom of information Aux. If *Freedom of
Info/Mtloc Act request Is presaged to the City of Fayeueville requesting such
documental Nada will do everything possible to provide the documents in a prompt and
timely manna as resented In the Arkansas Freedom of Information Ad (A,C.A. 52S-
19-101 et seq.). Only legally outhunted photocopying costs pursuant to the MIA may be
assessed for this complieaca.
(a)
PACE 02
4
04/09/2007 11:44 4796316315 FULTON EQUITIES
04/09/2007 11:S6 F.JI 4794/43490 COF TRANSPORTATION DIVIS
20. This agreement shall be interpreted according to and enforced under the laws of the Stale
of Arkansas. Capitalized tams herein shall have the same meaning es sal *nth is ADBQ
Reg. No. 22.
21. A waiver by either party of any of the terms or conditions herein shall be limited to that
particular instance, and shall not be construed u a general waiver of either party's right
to seek appropriate remedies for any other breaches by
either party.
is wettable hum all other puagraphs. In the event any
ofcompetent
22. Each cpla invalid
court lw0° 'that any paragraph or subparagraph
or unenforceable Ibr any reason, all remaining paragraphs and subpangnphs shall
raisin in full fate and effect
23. 'This contract constitutes the entire understanding of the parities and no moditkat ou or
variation of the terms of this contract shall be valid
unless made in ting and signed by
tie duly authorised se of the City of Fayetteville and 1M alamer.
24. Each of the undersigned wamu s that he or she has the full right, power, and auUrority to
execute this contact on behalf of the party Indicated fir the purpose Mem contained.
25 To the extent a definition or a specific term ie not provided herein but is nonetheless
requited by the corium; it Is this intention of the penia w incorporate herein the
contained In applicabletaw: � In
date Infect ekoaPt
to the extent subsequent law or reglahon mandate a yew lied
definition.
which by their nature would continue
26. bey obligations ter of the parties tII this Apaement, of this Agreement, shall survive the
beyond termination, any m+, o), ca olla 0 expiration
xphti of this Agnsmeat.
termination (for any meson), caaoellatbn expiration
04 WITNESS WHt T.OF, we have hereunto set our heads as the date first writtaa above.
ATTEST:
By:
9ONDRA SMITH. City Clerk
By:
By:
5
CITY OF FAYETTlVELLE
DAN COODY, as Mayor
PAGE 01
hstueo
[S5/2/2007) Lisa Branson TM3 Page 1
From: Lisa Branson
To: Nelson, John
Date: 5/2/2007 2:54 PM
Subject: TM3
John,
The City Council passed your item last night however there is not a sign agreement. Please let me know the status of the
original agreement.
Thanks,
Lisa
Lisa Branson
City of Fayetteville
City Clerk's Division
113 W Mountain
Fayetteville, AR 72701
(479) 575-8323
Ibranson@cilayetteville.ar.us
(5/2/2007) Lisa Branson - Re: TM3 Page 1
From: Usa Branson
To: Nelson, John
Date: 5/2/2007 3:04 PM
Subject: Re: TM3
I'm sorry but a faxed copy of the agreement will not be significant. We need the original document to process your
resolution. Please let me know when we might expect to receive it. Thanks.
Clarke
»> John Nelson 5/2/2007 3:02 PM »>
They faxed me a signed Dopy. I'II send it to you.
John Nelson
Operations Mgmt. Acct. Coordinator
City of Fayetteville
Operations Department
113 W. Mountain St.
Fayetteville, AR 72701
479.444.3492
479.444.3490- Fax
www accessfavetteville.orq (htto•//www.accessfavetteville.ora/ )
»> Lisa Branson 5/2/2007 2:54 PM »>
John,
The City Council passed your item last night however there is not a sign agreement. Please let me know the status of the original
agreement.
Thanks,
Lisa
Lisa Branson
qty of Fayetteville
Gty Clerk's Division
113 W Mountain
Fayetteville, AR 72701
(479) 575-8323
Ibranson@ci.favetteville.ar. us
(5/2/2007) Lisa Branson - Re: TM3 Page 1
From: Lisa Branson
To: Nelson, John
Date: 5/2/2007 3.13 PM
Subject: Re: TM3
Since always. You may use a faxed copy to start your staff review and I have an original with 55-07 or it would not have
been processed. By the time the City Council meets you should have an original agreement. If you'll remember I always
ask for original agreements to process the resolution. There is no exceptions.
»> John Nelson 5/2/2007 3:08 PM »>
Since when? 0 you'll pull Res. 55-07 you'll see it was a faxed copy.
John Nelson
Operations Mgmt. Acct. Coordinator
City of Fayetteville
Operations Department
113 W. Mountain St.
Fayetteville, AR 72701
479.444.3492
479.444.3490 -Fax
www arcessfavetteville orq ( httD•//www.accessfavetteville.ora/ )
»> Usa Branson 5/2/2007 3:04 PM »>
I'm sorry but a faxed copy of the agreement will not be signl0cant. We need the original document to process your resolution.
Please let me know when we might expect to receive It. Thanks.
dance
»> John Nelson 5/2/2007 3:02 PM »>
They faxed me a signed copy. I'll send it to you.
John Nelson
Operations Mgmt. Acct. Coordinator
City of Fayetteville
Operations Department
113 W. Mountain St.
Fayetteville, AR 72701
479.444.3492
479.444.3490 - Fax
www accessfavetteville ora ( htto://www accessfavetteville ora/ 1( htto•//www.accessfavetteville.ora/)
»> Lisa Branson 5/2/2007 2:54 PM »>
John,
The Gty Council passed your item last night however there is not a sign agreement. Please let me know the status of the original
agreement.
Thanks,
Lisa
Lisa Branson
Gty of Fayetteville
City clerk's Division
113 W Mountain
Fayetteville, AR 72701
(479) 575-8323
Ibransoneci.favetteville.ar.0
(5.2.07) Clarice Pearman - Fwd: Res. 55-07
From: John Nelson
To: Pearman, Clarice
Date: 5.2.07 3:20 PM
Subject: Fwd: Res. 55-07
Attachments: 55-07 Waste Mangagement of AR.pdf
This is what your office sent me for 55-07. I never received an original from Waste Mgmt. 1'11 have to mail TM3 another contract
and ask them to mail it back to me. They hand delivered the first copy, but the City made a change and we didn't ask them to drive
all the way back here.
John Nelson
Operations Mgmt. Acct. Coordinator
City of Fayetteville
Operations Department
113 W. Mountain St.
Fayetteville, AR 72701
479.444.3492
479.444.3490 - Fax
www.accessfavetteville.orq ( httD://www.accessfavetteville.ora/ )
»> Lisa Branson 4/6/2007 10:19 AM »>
John,
Attached is a copy of the resolution that was passed by City Council, April 3, 2007. If you need anything else just let me know. Have
a great day!
Thanks,
Lisa
Usa Branson
City of Fayetteville
Oty Clerk's Division
113 W Mountain
Fayetteville, AR 72701
(479) 575 8323
I branson@ci. favettevi I le. a r. us
Page 1
(5.2.07) Clarice Pearman - Re: Fwd: Res. 55-07 Page 11
From: Clarice Pearman
To: Nelson, John
Date: 5.2.07 3:32 PM
Subject: Re: Fwd: Res. 55-07
Just your agreement was a faxed copy but the signature was an original signed agreement. I am not going to argue the
matter. To process the resolution we need an original agreement. There has been no changes. So please let us know
when we might expect It.
Thanks.
Clarice
»> John Nelson 5.2.07 3:20 PM »>
This is what your office sent me for 55-07. I never received an original from Waste Mgmt. I'll have to mail T43 another contract
and ask them to mail it back to me. They hand delivered the first copy, but the City made a change and we didn't ask them to drive
all the way back here.
John Nelson
Operations Mgmt. Acct. Coordinator
City of Fayetteville
Operations Department
113 W. Mountain St.
Fayetteville, AR 72701
479.444.3492
479.444.3490 - Fax
www.accessfavetteville,orq ( htto://www.accessfavetteville.ora/ )
»> Lisa Branson 4/6/2007 10:19 AM »>
John,
Attached is a copy of the resolution that was passed by Gty Council, April 3, 2007. If you need anything else just let me know. Have
a great day!
Thanks,
Lisa
Usa Branson
City of Fayetteville
City Clerk's Division
113 W Mountain
Fayetteville, AR 72701
(479) 575-8323
Ibranson(ad.favettevil le.ar. us
t (5.24.07) Clarice Pearman -TM3, LLC Page 1
From: Clarice Pearman
To: Nelson, John
Date: 5.24.07 11:10 AM
Subject: TM3, LLC
CC: Dumas, Gary; Smith, Sondra
John,
Please let me know the status of the TM3, LLC waste haulers agreement. I am still waiting on the original agreement to process
the resolution passed by the City Coundl, May 1, 2007. Have a good day.
Thanks.
Clarice
r (5.24.O7)Clarice Pearman - Re TM3, LLC m Page 1
From: John Nelson
To: Pearman, Clarice
Date: 5.24.07 11:41 AM
Subject: Re: TM3, LLC
CC: Dumas, Gary; Smith, Sondra
I mailed an original and have sent several emails and left voice messages as to the importance of receiving a signed original
agreement. I also forwarded the information to Carrot Hill who has left messages as well.
John Nelson
Operations Mgmt. Acct Coordinator
City of Fayetteville
Operations Department
113 W. Mountain St.
Fayetteville, AR 72701
479.444.3492
479.444.3490 - Fax
www.accessfavetteville.or4 ( httD://www.accessfavetteville ora/ )
»> Clarice Pearman 5/24/2007 11:10 AM »>
John,
Please let me know the status of the TM3, LLC waste haulers agreement. I am still waiting on the original agreement to process
the resolution passed by the City Coundl, May 1, 2007. Have a good day.
Thanks.
Clarice
6.29.07) Clarice Pearman -TM3, LLC Page 1
From: Clarice Pearman
To: Nelson, John
Date: 6.29.07 10:09 AM
Subject: TM3, LLC
CC: Dumas, Gary; Smith, Sondra
John:
We are still waiting on the original signed agreement authorized by City Council May 1, 2007. I see that they have a dumpster
across the street. You might let them know that they do not have a valid agreement to operate in Fayetteville until they send the
agreement back for the mayor's signature. It may be that they are in violation of the dty ordinance operating in the city limits
without a signed agreement. If you would like I can call them if you will give me their number and who I need to speak with. Fd
realty like to get this resolution and agreement processed. I don't understand what's so hard about sending the signed one they
faxed to you. As I stated before a fax copy is okay to start your staff review item around but the original is needed to complete the
process. Please let me know what the status is. I'd really appreciate your cooperation in getting this matter resolved.
Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearmanAci.favetteville.ar. us
(6:.2917). Clarice Pearman - Re: TM3, LLC Page 1 1
From: John Nelson
To: cpearman@ci.fayetteville.ar.us
Date: 6.29.07 2:57 PM
Subject: Re: TM3, LLC
CC: gdumas@ci.fayetteville.ar.us
Clarice
I will talk to Gary and Carrol about this at Monday's staff meeting. I have called and emailed and stressed
the importance of them returning a signed original. They tell me it's on the way yet we never receive it. I'm
sorry for your inconvenience, and I will resolve this as quickly as possible.
John Nelson
Operations Mgmt. Acct. Coordinator
City of Fayetteville
Operations Department
113 W. Mountain St.
Fayetteville, AR 72701
479.444.3492
479.444.3490 - Fax
www.accessfayetteville.org
»> Clarice Pearman 06/29/07 10:09 AM »>
John:
We are still waiting on the original signed agreement authorized by City Council May 1, 2007. I see that
they have a dumpster across the street You might let them know that they do not have a valid agreement
to operate in Fayetteville until they send the agreement back for the mayor's signature. It may be that
they are in violation of the city ordinance operating in the city limits without a signed agreement. If you
would like I can call them if you will give me their number and who I need to speak with. I'd really like to
get this resolution and agreement processed. I don't understand what's so hard about sending the signed
one they faxed to you. As I stated before a fax copy is okay to start your staff review item around but the
original is needed to complete the process. Please let me know what the status is. I'd really appreciate
your cooperation in getting this matter resolved.
Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci fayetteville ar.us
May 3. 2007
TM3. LLC
Jason Prince
810 Lester Ln
Rogers AR 72756
Dear Mr. Prince:
The Fayetteville City Council approved the agreement May 1, 2007. The City Clerk has
requested an original signed agreement for the file. Please sign and mail the attached
agreement.
The Agreement to haul and dispose of solid waste in the City of Fayetteville requires
TM3, LLC to submit to the City a list of all commercial vehicles used to provide services
in the City, proof of appropriate vehicle registration, and proof of the insurance required
under Section 16 of the Agreement. Additionally, a list of vehicle operators along with
proof of their valid commercial drivers' licenses is also required.
In an effort to seek compliance with the agreement and to ensure conformity of the
required supporting information specified in section 5 of the agreement to be provided
with your payment, the City has prepared a Required Supporting Information Form to be
completed and remitted with each monthly payment of fees. The completed forms will
be reviewed each month, and if necessary, the City will request further documentation or
conduct an audit as allowed in section 5 of the agreement.
Your prompt attention to this matter is greatly appreciated.
Sincerely,
John Nelson
Operations Management Accounting Coordinator
113 W. Mountain, Fayetteville. Alt 72701 • 479.444.3492 • inelsonci ci.favetteville.ar.us
Required Supporting Information For Monthly Payment of Fees
Due on or before the 15th of each calendar month for the immediately
preceding calendar month. Payments of the fees received after the due
date shall be assessed a 2% penalty per month.
Hauler.
Month:
1. Please give the number of permanent customer accounts you have within the
corporate limits of the City of Fayetteville for the month reported.
2. Please give the number of temporary customer accounts you have within the
corporate limits of the City of Fayetteville for the month reported.
3. Please give the total number of containers placed with all your customer
accounts within the corporate limits of the City of Fayetteville for the month reported.
4. For each account identified above, please complete the attached form showing your unique
account Identifier which is blind to the City, the account type, the total number of containers with
that account, the total number of pulls with that account, and the monthly revenues collected by
container for that account. (A form is required for each customer account identified in item #1
and item #2. The container total from all the forms should equal the container total specified
in item #3.)
5. The forms completed for item #4 above should include all normal billing charges for free, donated,
or discounted services. These normal billing charges should include but not be limited to
delivery, pull charges, disposal charges, transportation charges, final pull charges, and
retum charges. Only donated or discounted services to non-profit organizations may be
excluded.
6. Total fee remitted to the City of Fayetteville for the month reported.
(This should equal the total of all the account fees calculated on the attached forms.)
$
I swear or affirm that all of the information provided above and on all attached forms is true,
correct, and complete to the best of my knowledge and belief.
Printed Name Title
Signature Phone #
Date
Customer Account Identifier
(use your unique identifier that is blind to the City)
Customer Account Type
(permanent or temporary)
Total containers with account
Total number of pulls with account
Container M
Monthly Revenues
1
2
3
4
5
6
7
8
9
10
Total:
Donated or
Discounted
Normal
Container M
Biding Charge
1
2
3
4
5
Total:
Grand Total;
10% of Grand Total:
Fee to be remitted to City
for this account
1(7.12.07) Clarice Pearman - Res. 77-07
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Nelson, John
7.12.07 12:50 PM
Res. 77-07
77-07 11 3 LLC.pdf
CC: Audit
John:
Attached is a copy of the above resolution passed by City Council, May 1, 2007 for TM3, LLC. Thanks for your help. Have a good
day.
Clarice
Page 11