HomeMy WebLinkAbout245-08 RESOLUTIONRESOLUTION NO. 245-08
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH HOGEYE MANUFACTURING COMPANY,
INC. TO HAUL AND DISPOSE OF SOLID WASTE IN 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 Hogeye Manufacturing
Company, Inc. to haul and dispose of solid waste in the city limits of Fayetteville
A copy of the contract marked Exhibit "A" is attached hereto and made a part
hereof..................."
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PASSED and APPROVED this 16th day of December, 2008.
APPROVED: ATTEST:
By
DAN COODY, Mayor
By:
SOND A E. SMITH, City Clerk/Treasurer
11/10/2008 14:06 FAX 4794443490
COF TRANSPORTATION DIVIS Z003
AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE
IN THE CITY OF FAYETTEVILLE
This Agreement (the "Agreement"), is entered into 071 this Iltday of t1 ittl ue, 2008,
pi(04 t t:, City, Fa eville, Arkansas, a municipal corporation the `City"), and
%A (tri a "Hauler"), and shall be in full force and effect on the date first
wrt Bove. City and Mahler 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 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 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 er 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,
an or before the 15" of each calendar month for the immediately preceding calendar
month. Payments of fees received after the due date shall be assessul 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 shalt 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 quartet. If such audit reveals the
11/10/2008 14:07 FAX 4794443490
COF TRANSPORTATION DIVIS RI 004
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 infomiation 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' Axkansas. 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 mind 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. My 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
11/10/2008 14:07 FAX 4794443490
COF TRANSPORTATION DIVIS 0005
13. Neither this Agreement, nor any rights or obligations hereunder may be assigned or
transferred to any third party or affihate.
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
3ttaArDe f . Communications pertaining to day -today 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, rause 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 team, 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
Mil 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
Worlcmen's Compensation
Statutory
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
11/10/2008 14:07 FAX 4794443490 COF TRANSPORTATION DIVIS
Automobile Bodily Injury
$1,000,000 each person
Comprehensive General
Liability
$1,000,000 each
occunencc
Automobile Property Damage
Liability
$1,000,000 each
occurrence
Excess Umbrella Liability
$1,000,000 each occurrence
17. Termination:
(a)
Except as otherwise provided hent, 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 inwhich to care; 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 banlauptcy, 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 contact, 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
0006
19. Haule' 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 Arkanaas 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
11/10/2008 14:08 FAX 4794443490 COF TRANSPORTATION DIVIS
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.
2J.. 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 Agneenent 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 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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FAYETTEVI LLE ; re
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01,i#4.10011rG&5
By:
SSNDRA SMITH, City Clerk
By:
mit
By:
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CITY 0 FAYETTEVILLE
D OODY, as Mayor
President
0 007
Ginny Gundlac
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/16/2008
City Council Meeting Date
Agenda Items Only
Solid Waste
Division
Action Required:
R&5
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Operations
Department
A resolution approving an agreement between the City of Fayetteville, Arkansas and Hogeye Manufacturing
Company, Inc. 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
Department Director
Date
Th9I?4Ctit isso8
Date
City Attorney
Yn
Finance and Internal Service Director
a,,day -4
Mayor
11-'2,L -b7
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office / 1, 7r
Comments:
Revised April 16, 2007
Wttv!11ee,
Interdepartmental Correspondence
OPERATIONS
DEPARTMENT
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ginny Gundlach, Financial Coordinator
Date:. December 16, 2008
Subject: Agreement with Hogeye Manufacturing Company, Inc. 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 Hogeye Manufacturing Company, Inc. to haul and dispose of solid waste in the
City of Fayetteville.
Background: Hogeye Manufacturing Company, Inc. has requested to renew their contract to
haul and dispose of waste within the City of Fayetteville. The contract will permit Hogeye
Manufacturing Company, Inc. to haul and dispose of waste in containers twenty (20) cubic yards
and greater in size. The agreement requires Hogeye Manufacturing Company, Inc. 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: Hogeye Manufacturing Company, Inc. entered into this agreement in 2005 with a
term of three (3) years Hogeye Manufacturing Company, Inc requests to be permitted to
continue to operate within the City of Fayetteville.
During the duration of this agreement, no non-compliance issues were noted and fees were
remitted accordingly.
•
Staff proposes approval for Hogeye Manufacturing Company, Inc. to haul and dispose of waste
within the City of Fayetteville, per the terms and conditions outlined in the attached agreement,
and the hauler's continued remittance of the Required Supporting Information Form with the
payment of their monthly franchise fees.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH HOGEYE MANUFACTURING COMPANY,
INC TO HAUL AND DISPOSE OF SOLID WASTE IN 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 Hogeye Manufacturing
Company, Inc. to haul and dispose of solid waste in 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 16th day of December, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Hogeye Manufacturing Company, Inc.
12649 Hwy 265 South
Prairie Grove, AR 72753
479-846-3664
Owner: Earl Farrell
Driver information:
Name Driver's License No. Expiration Date
Steve Stacy 918603705 AR 3/6/09
Vehicle Information:
Year Make Model VIN License
06 Mack CV713 1M2AG11C56MO54132 M508915 #40
ARKANSAS. APPOt Ti.ONE_f.CAP:cAR .
._The vehicle described herein has been apportioned between tne State
. of Arkansasand. the jurisdrettons.listea below.:.
Tile jurisdictions are listed in alphabetical. order by abbreviation.,
No jurisdictionscan he listed afterthe asterisks.
EXPIRES:
06/3.0/2009
DECAL:
H508915'.
.LICENSE PLATE NUMBER:
H508915:.;:`
Account No. - - .
12879-01' -
•' Supplement Noy. ..'
000
:Vehicle Identification Number .. - (' Unit NO. '
1M2AG11C56M054132 .-' . 40 •
Registrant Name HOGEYE PALLET COMPANY .:
Year Model
- Make- •
-
Registrant Address.•-
2006
-
MACK
.12649 HIGHWAY•'265. SOUTH
PRAIRIE GROVE AR 72.753-
- -.
Title Number -.-
Owner Name.: HOGEYE MANUPACTURING CO INC . -
99800602405 - -
Carrier Name' HOGEYE PALLET CO INC :
'
Carrier USDOT No.
Carrier Address . '
.12649 HWY 265
PRAIRIE;GROVE - .AR. 72753
0480397
Unladen Weight' -
18000 .,
Gross Weight .'
62000
Seats
_
AxlesFuel Type • '
4• I '. D
,Registration Date.-
07./01/2008
Apportioned Fee
515.23
Carrier Type
-
Jur
-: Weight ,.
- Jur
- Weight
- Jur
_ - Weight -
Jur ,
.' Weight -.
AR
062000
KS
062000
M0''1.062000
..'
MS
'062000.•
OK.'062000.
TN
062000
TX
. 0620'0.0
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The original cab card must be kept in t
Department of Finance and Administration
Offica of Motor Vehicle
IRP Unit .
P:O: Box 8091 "
, !uttle',Roak, AR 72203-
http: utr}is ki ng.arkansas. gov
1501ir882-4653 ..
FA
BUREAU
INSURANCE
PROOF OF INSURANCE—r(uLk ie
CARRY IN THE INSURED MOTOR VEHICLE
SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY
P 0. BOX 31 LITTLE ROCK, AR 72203-0031 501-224-4400
NAMED INSURED:EARL FARRELL DBA HOGEYE MAICR 18325
EARL FARRELL
ADDRESS: 12649 S HIGHWAY 265
PRAIRIE GROVE AR 72753-9589
POLICY NUMBER:
EFFECTIVE DATE:
EXPIRATION DATE:
VEHICLE:
VIN:
•
CA00054094
10 24 2008
10 24 2009
2006 MACK TRUCK
1112AG11C56M054132
www aibic.com
YOUR AGENT IS:JEFFREY JOEL FARVER
AGENT'S PHONE NUMBER: (479)442-4266
Tne person shown as :he named irin.Jed has autc ricbde
insurance under the automobile policy specified. The policy
provides coverage that meets the minimum liability limits
prescribed by Arkansas law, and the law of any other state of
,the United States, and any Province of Canada.
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IssLed: Sex y
11-02-2004 M S BL
Expires: Endas:OD:;
03-06-2009. N ..p,x
Clarice Pearman - Res. 245-08
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Apperson, Ginny
12.22.08 11:32 AM
Res. 245-08
Audit
Audit
Page 1 of 1
Ginny:
Attached is a copy of the above resolution passed by City Council regarding Hogeye Manufacturing Co. Please let me know if
there is anything else needed for this item. Have a good day.
Thanks.
Clarice
P.S. You ask IT to change your name on the email list. It would be helpful.
•
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494F7ABC 12.22.08