HomeMy WebLinkAbout117-08 RESOLUTION�'h
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RESOLUTION NO. 117-08
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH MR2 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 MR2 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. ....................
S-a•0SYOc..43
:FAYETTEVILLE`
•11(1111111110 .
PASSED and APPROVED this 3rd day of June, 2008.
APPROVED:
By:
DAN COODY, Mayo
ATTEST:
By.
SONDRA E. SMITH, City Clerk/Treasurer
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
='"=1,00" maintain'their=commerciandrlver's'license`s 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.
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.
Hauler agreeatmi-un erstands 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, Tess 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
Are_ Ti . 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-negligenPadt
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 f. ^,�
Employer's Liability
$500,000
Bodily Injury Liability except
Automobile
$1,000,000 each
occurrence
Property Damage Liability.
Except Automobile
$1,000,000 each aggregate
3
Automobile Bodily Injury
$1,000,000 each person
Comprehensive General
Liability
$1,000,000 each
occurrence
Automobile Property Damage
Liability
$1,000,000 each
occurrence.
Excess Umbrella Liability
$1,000,000 each occurrence
17. Termination:
Except as otherwise proviYded herein,_ ifHauler 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:
r VCity of Fayetteville �av c 4;,rig ✓c
Dan Coody, Mayor Attn: tad.. Crui.zL
113 West Mountain Street 301 w 2 tlf
Fayetteville, AR 72701 Ge.r9,n l(. H, 61/41-62r
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.
4
er
r-
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 determines 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-Cityof_Fayetteville`-and-the
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.
,`,a11T JTR 'r„r
�ER ....e4s
C . 6\1 Y O;c ..
Sic. c-
• :
Ginny Apperson
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/3/2008
City Council Meeting Date
Agenda Items Only
Solid Waste
Division
Action Required:
2.t5
6/309
HI
AULZ
A I / I Z
Operations
Department
A resolution approving an agreement between the City of Fayetteville, Arkansas and MR2 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
• 11S '023 Previous Ordinance or Resolution #
Date
Department direc o
D /2 MC
City Attorney
‘-3/4)
nternal Service Director
S-is-ag
Date
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
Flog UiAk
Received in
Mayor's Office
Mayor
Date
Comments:
Revised April 16, 2007
Ta'tye e
ARKANSAS
evi l
City Council Agenda Item
To:
Thru:
Mayor and City Council
John Nelsonanagement Accounting Coordinator
Gary Dumas, Director of Operations
From: Ginny Apperson, Financial Coordinator
Date: June 3, 2008
Subject: Agreement with MR2 to haul and dispose of solid waste in the City of Fayetteville
Recommendation: Staff recommends a resolution approving an agreement between the City
of Fayetteville, Arkansas and MR2 to haul and dispose of solid waste in the City of Fayetteville.
Background: MR2 has requested to haul and dispose of solid waste within the City of
Fayetteville limits The contract will permit MR2 to haul and dispose of waste in containers
twenty (20) cubic yards and greater in size. The agreement requires MR2 to pay a monthly fee
to the City of Fayetteville of ten (10%) percent of the gross revenue received from services
provided within the city limits. This is the standard agreement authorized by City Council
implementing the contract fee.
Discussion: The term of the agreement will be three years. MR2 requests to be permitted to
----operate'within the, City -of Fayetteville Staff proposes approval for MR2 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 EXECUTE A
CONTRACT WITH MR2 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 MR2 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 3rd day of June, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
05/05/2006 02:11 479-899-6500
,05/01/8008 12:49 FAX 4794443490
.ye vi
ARKANSAS
Operations Department
1525 Happy Haw Road
Fayetteville, Arkansas 72701
Kent Longley
Merck Waste Services, LLC
dba MR2
302 W 210 St.
Cassville, MO 65625
Dear Mr. Longley,
MARCK-NWA #3085 P.001 /006
COF TRANSPORTATION DIVIS 16002
The City of Fayetteville has received your business's Agreement to HJul end Dispose of Solid
Waste in the City of Fayetteville along with the enclosed supporting d mentation.
Unfortunately, an original signature is required in order to implement contract upon
approval by City Council.
If the incomplete sections indicated on
returned by mall as soon as possible, we
with the approval process.
agreement could be completed and
tly appreciate and will promptly proceed
A faxed copy of the signed agreement will be sufficient to begin theff review process
required to add an item to the City Council meeting agenda. Please f�I free to fax a copy to
my office at (479)444-3490 and mail the original document to 113 W. ountarn St.,
Fayetteville, AR 72701.
If all required documentation has been received by May 2, 2008, approval of the agreement
will be requested at the City Council meeting scheduled an May 20, 2008. If you have any
questions or need additional information, please feel free to contact my office at (479) 444-
3489
S
Ginny App
Financial inator
05/05/2008 02:11 479-899-6500 MARCK-NWA
05/0142008 12:50 FAX 4704443490 COP TRANSPORTATION DIVIS
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AGREEMENT TO HAUL AND D7b7POSE OF SOLID W
IN THE CITY OF FAT Tl'EVU.LE
This Agreement (the "Agreemeta; is entered into on this 1f day of
between the City of Fayetteville,Arkansas, a municipal corporatio
074.2- (the "Hauler"), and shall'he in full force and
written above. City and Rawer agree as follows:
1. Hauler agrees that from and after the original date of this Agreement,
Agreements for facilities withtn the corporate limits of the City
after the effective date of this Agreement, or renewed shall have to
two (2) years and any subsequent extensions shall be for terms of
#3085 P.002 /006
iEII003
year.
2. The tom of this Agreement shall be for three (3) years, unless
pursuant to the terms hereof.
3. Hauler agrees and understands that it may only collect and haul
type equipment commonly referred to as open -top rolloff style
of twenty (20) cubic yards or greater, or roll -off style co
capacities of twenty (20) cubic yards or gear, containing
industrial, large commercial or construction/demolition activities, o
as Special Waste, Hazardous Waste, grease or any other type Solid
special handling or disposal. Hauler shall not collect any Class 1
other containers. No clablos collected in any v:
hauled from any customer 111:41 - corporate limits of the City
collection of scrap metal, car' ale other source -separated
controlled or affected by this contract_ V
4. Hauler agrees and understands that it may mtiiirlhe City's transfer
waste collected pursuant to this Agreement and shall deliver all
properly licensed landfill facility. Hauler shall pay all transfer statin:
station operator and all Class 4 landfill fees to the landfill opera
established and amended, from time to time.
5. Hauler shall pay all fees due hereunder, thong with the required
on or before rho 156 of each calendar month for the immediate)
month. Payments of flees received after the due date shall be
month. If Hauler failed to pay the fees within forty-five (45) days
City may revoke this Agreement upon delivery of written notice
supporting information shall be sufficient to demonstrate the accuracy of the fee
calculation, and shall include the following information (i) Ha der's worksheet
ralpdating the fees remitted; (ii) a blind list of payments received firm customers within
the City; (iii) such list shall clearly indicate, whether each paymentfrom a permanent
or temporary customer, and (iv) the fee shall be based upon all activity from each
or discounted services (excluding those for non-profit organizatt •) including but not
limited to delivery, pull charges, disposal charges, transportatio charges, final pall
charges, and return charges. The City shall have the right to conduct audit of Hauler's
customer fries and records for all customers located within the provided that such
andit privilege shall be limited to once per calendar quarter. If ata h audit reveals the
customer sett
ed into before or
of no more than
more than one (1)
d Waste using the
ars with capacities
containers with
generated from
which is classified
aste which requires
Class 4 material in
container shall be
f Fayetteville. The
les are not
on for all Class 1
4 waste to a
fees to the transfer
r, as they may be
sting information,
preceding calendar
a 2% penalty per
f the dire date, the
to the Hauler. The
1
05/05/2008 02:12 479-899-6500
MAACK=NWA
.05/01/2008 lZtSO FAS 4794443490 COF TRANSPORTATION DIVIS
w
#3085 P.003 /006
R1004
hauler should have paid at least 5'/o mote than reported, the cost of audit shall be paid
by the Hauler to the City. During such audtt, the City may revie certain trade secret
information, including rates, ftequeacy of service, customer lists, other customer
information provided that such trade secret utformetian may not be copied or removed by
the City. Nar shall such information be dtwlged to any thirdby the City, its
employees, officers, or elected officials without the express writen�t of the Hauler.
6. Hauler agrees and understands that it shall submit to the City ori an Inman 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 proo of their valid and
appropriate commercial drivers' licenses issued by the State of sits. The Hauler
shall also provide, maintain, and inn] anent a plan to ensure that vehicle operators
maintain their commercial driver's licenses in accordance With :fl •iicable federal and
state laws.
Hauler agrees that it shall comply with all federal, stale and local 1
safety, environmental and transportation matters related to p
collection services under this Agreement. Hauler agrees that all
containers will . be properly 2 — during transit on streets
Fayetteville.
9. In consideration of the right to pro In + services described
Hauler agrees and undends that it• . a tared to pay a mon
percent (the "Fee") of the gross revenue lied for all services
Agreement Upon execution of this Agreement, a deposit shall be
City. The deposit shall be equal to one-half of the total fees that
paid by the Hauler wtt:bin to the City during the previous twely
deposit shall be reviewed oa am multi basis. Any reasonable di
gross revenue will be decided in the favor of the City. The deposit
any unpaid fees, when the Hauler ceases operation within the City
terminated, whichever is earlier.
applicable to the
ding solid waste
-top toll -of style
highways within
er this Agreement,
fee oftea (1We)
rovided nodes this
d in advance to the
or would have been
(12) months. Such
went in estimated
be refunded, less
t this Agreement is
10. The City reserves the right to inspect all vehicles and comteinerd to ensure that the
vehicles are safe and well-maintained and that all container's am avell-maintained and
water tight, if necessary.
Hauler agrees and tmderstends that it shall be required to establish
service relationship with the Cef of Fayetteville transfer station
that it shall comply with all practices, policies and procedures
transfer station operator from time to time. Any tipping. fez
transfer station or landfill operators shall be tefimded, less any imp
the Hauler ceases hauling activities governed by this Agreement
11.
dividual credit or
. Hauler agrees
established by the
required by the
tipping fees, when
12. This Agreement has been altered into freely and voluntarily by H ler which agrees to
abide by all of the terms and conditions as a matter of contractual ligation pursuant to
applicable city ordinances. This is a contractual Agreement and is n intended to be part
Of or related in any way to any license or ordinance created to A.C.A. §26-77-
102.
2
05/05/2008 02:12 479-899-6500 MARCK-NWA
os/01/.2008 12:50 FAX 4794443490 COP TRANSPORTATION DIVIS
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#3085 P.004 /006
21005
13. Neither this Agneement, nor any rights or obligations hereunder may be assigned or
transferrel to and thirdparty or affiiiare
14_ For the purpose of this contract, the Point of Contact of the City of
Gary? Dumas or his successor. The Point of Contact for 1
tVl(° . Communications pedalling to day -to
contract shall be through these individuals. Either party may d
of Contact upon ten (10) days prior written notice to the other party
15. Hauler agrees to protect, indemnify, defend and save harmless
officers, employees, agents, subcontractors, representatives end
claim, liability, penalty, fine, forfeiture, demand, cause of actio
expenses incidental thereto (including costs of defense, settl
attorneys' fees), to the extent caused by (i) Herder's breach of
coveaart or waaanly contained in this Agreement, or 00 Haul
omission or wxllStl misconduct related to the delivery of waste to
or aproperly licensed landfill facility.
16. Ttstaaace: Hauler shall maintain the following insurance coy
Agreement
Fayetteville sball be
Hauler shall be
aspect of tbis
its designated Point
(a) Hauler shall provi
comprehensive general li
of the performance of its
property damage_ The policy or
will not cancel or decrease the
sbdy (60) days notice in writing.
City, its officials,
from any loss,
suit and costs and
and reasonable
tam, condition,
s negligent act or
City transfer dation
the term ofthis
maintain, during the tetra bf this Agreement,
to protect against 1 claims arising out
etmder that result in ' y injury, death or
shall contain a c e that the insurer
coverage without giving the City
(b) Upon written request, Hauler shall Banish the City whir evidence that the
insurance required of it is h force.
(c) The types of coverage and limits of liability of all insurance -equhtd herein shall
be as follows:
COVX
AGE
LIABILITT
LThI1 5 of
Workmen's Compensation
Smnnuny
Employer's Liability
$500,000
Bodily Injury Liability except
Automobile
57,000,000 each
occu¢tence
Property Damage Liability,
Except Automobile
$1,000,000 each aggregate
3
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05/05/2008 02:12 479-899-6500
06/01/2008 12:50 FAT 4794443490
•
MARCK-NWA
COF TRANSPORTATION DIVIS
Automobile Bodily Injury
$1,000,000 each person
Comprehensive General
Liability
$1,000,000 each
occurrence
Automobile Property Damage
Liability
$1,000,000 each
occurrence
Excess Umbrella Liability
$1,000,000 each occurrai
17. Termination:
(a)
Except as otherwise provided herein, if Hauler breaches
defaults in the performance of any of the requirements or
herein, and such breach continues for fifteen (15) days
the Hauler written notice of such breach or defadlt, the
this Agreement fifteen (15) days after the fifteen (15) days
(ii) ewe the breach or default at the expense of the Hauler•
to any other right or remedy to which 1t maybe entitled by la
(b) The City may Agreement upon written mots
Hauler makes an for the benefit of creditors,
petition in bankruptcy, ship or insolvency, or
involuntary proceeding of „r admitting the
petition, or if a proceeding in . V ytoy, receivership or
instituted against the offending and - ! , roceeding is not
(60) days.
In the event that this Agreement is terminated for any
payable to the City by Hauler kr services rendered for
shall become immediately due and payable as of the date of
18. All notices replied or permitted under this contract shall be submi
other patty to this contract, by certified mail, return receipt
be effective throe (3) days after deposit therein addressed to the foils
(c)
#3085 P.005 /006
0008
this Agreement or
ions contained
die City has given
may (i) terminate
which to OuWO, Or
('iii) have recourse
to the Hauler if the
files a vohmtary
an answer in any
allegations of the
insolvency shall be
within sixty
on, any amounts
reason whatsoever
h termination
din writing to the
which notice shall
Oty of Fayetteville
Dan Coody, Mayor
113 West Mountain Street
Fayetteville, AR 72701
Atter
19. Hauler agrees and understands that this Agreement and document submitted to the City
pursuant WAR -
Information Act request is presented to the City of Fay=•y a requesting such
documents, Hauler will do everything possible to provide the doc ,• - is in a prompt and
timely manner as prescribed in the Arkansas Freedom of Informed Act (A.C.A. §25-
19-101 et seq.). Only legally authorized photocopying costs pursuan to the FOIA may be
assessed for this compliance.
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05/05/2008 02:12 479-899-6500
MAACK-NWA
,.Q5101/2008 12:51 FAX 4794443490 COF TRANSPORTATION DIVIS
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20. Tills agreement shall be interpreted according to and enforced imder
of Arkansas Capitalized terms heroin shall have the same meaning
Reg. No. 22.
#3085 P.006 /006
Q007
laws adze State
set forth in ADEQ
21. A waiver by either parry of any of the terms or conditions herein be limited to that
particular instance, end shall not be constmed as a general waiver o either party's right
to seek appropriate remedies for any other breaches by either party.
22. Path paragraph of this Agreement is severable from all otter
court of competent jurisdiction determines that any paragraph or
or unenforceable for any reason, all remaining paragraphs and
remain in Hill force and effect.
This contract constitutes the entire rn derstantding of the parities an
variation of the terms of this contract shall be valid unless made in
the duly authorized agents of the City of Fayetteville and the Halder.
In the event any
aragraph is invalid
bparagraphs shall
PLO nodi icalioa or
24. Bach of the undersigned warrants that be or she has the full right, po
execute this contract on behalf of the ply indicated for the purposes
25 To the extent a definition or
required by the contract, 1
definitions contained in appl
to the extent subsequent law or
definition.
specific term is not provided here'
e intention of the parties to in
w and regulation in effect as th
shall expressly or irnpliot
26. The obligations of the parties to this Agrejteut, which by their n
beyond the termination, cancellation or expiration of this Agree=
termination (for any reason), cancellation or expiration of this
IN WITNESS WHEREOF, we have hereunto set our hands on the date first
ATTEST:
By
SONDRA SMITH, City Cleric
g and signed by
, and authority to
erein contained.
but is nonetheless
morale herein the
date hereof, except
mandate a revised
would continue
t, shall survive the
ent.
CITY OF FAYE
By:
DAN COODY, as
5
Isresid
(6.10.08) Clarice Pearman -Res. 117-08
From:
To:
Date:
Subject:
Attachments:
CC:
Ginny:
Clarice Pearman
Apperson, Ginny
6.10.08 4:33 PM
Res. 117-08
117-08 MR2.pdf
Audit
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Page 1
Attached is a copy of the above resolution passed by the City Council regarding MR2. Please let me know if there is
anything else needed for this item. Have a good day.
Thanks.
Clarice
AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE
IN THE CITY OF FAYETTEVILLEE
This Agreement (the "Agreement"), is entered into on this (../ day ofd! 2008,
between the City of Fayetteville, - Arkansas, a municipal corporation (the "City"), and
/)1R.2- (the "Hauler"), and shall be in full force and effect on the date first
written above. City and Hauler agree as follows:
1. 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 (1)
year.
2. The term of this Agreementshall be for three (3) years, unless otherwise:tenninated
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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 roll -off 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.
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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 15th 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
Cityimayrrevoke-thisn-Agreement'upmrrdelivery"of-written-notice-ta 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
auditprivilege shall be limited to once per calendar quarter. If such audit reveals the
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