HomeMy WebLinkAbout143-17 RESOLUTION�F.SF:AY� Yye
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 143-17
File Number: 2017-0362
BOSTON MOUNTAIN SOLID WASTE DISTRICT:
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT WITH THE BOSTON MOUNTAIN
SOLID WASTE DISTRICT IN THE AMOUNT OF $36,790.00 WITH AUTOMATIC RENEWALS FOR
UP TO FIVE ADDITIONAL ONE YEAR TERMS BASED ON A RATE OF FIFTY CENTS PER
RESIDENT PER YEAR FOR SOLID WASTE SERVICES PROVIDED TO THE CITY OF
FAYETTEVILLE AS A MEMBER OF THE DISTRICT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a one year contract,
a copy of which is attached to this Resolution, with the Boston Mountain Solid Waste District in the
amount of $36,790.00 with automatic renewals for up to five additional one year terms based on a rate of
fifty cents ($0.50) per resident per year for solid waste services provided to the City of Fayetteville as a
member of the District.
PASSED and APPROVED on 7/18/2017
Attest:
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Sondra E. Smith, City Clerk Treasurer
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Page 1 Printed on 7/19117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0362
Agenda Date: 7/18/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 1
BOSTON MOUNTAIN SOLID WASTE DISTRICT:
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT WITH THE BOSTON MOUNTAIN
SOLID WASTE DISTRICT IN THE AMOUNT OF $36,790.00 WITH AUTOMATIC RENEWALS
FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS BASED ON A RATE OF FIFTY CENTS PER
RESIDENT PER YEAR FOR SOLID WASTE SERVICES PROVIDED TO THE CITY OF
FAYETTEVILLE AS A MEMBER OF THE DISTRICT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a one year
contract, a copy of which is attached to this Resolution, with the Boston Mountain Solid Waste District
in the amount of $36,790.00 with automatic renewals for up to five additional one year terms based on a
rate of fifty cents ($0.50) per resident per year for solid waste services provided to the City of
Fayetteville as a member of the District.
City of Fayetteville, Arkansas Page 1 Printed on 711912017
Brian Pugh
Submitted By
City of Fayetteville Staff Review Form
2017-0362
t.egistar File ID
July 18th, 2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/28/2017 RECYCLING/TRASH COLLECTION (750)
Submitted Date Division / Department
Action Recommendation:
Approve Resolution for paying Boston Mountain Solid Waste District annual fees for local contributions. The terms
of performance expires on December 31,2017 but shall be automatically renewed and extended for up to an
additional five (5) one year terms if the City's budget containing funding for the service is approved by the City
Council for the next year.
Budget Impact:
5500.750.5000-5303.00
Recycling and Trash Collections
Account Number Fund
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 64,464.00
$ 27,977.70
A
$ 27,592.50
Approval Date:
V20140710
CITY OF
FAYETTEV I LLE
k ,F ARKANSAS
MEETING OF JULY 18TH, 2017
TO: Mayor and City Council
THRU: Terry Gulley, Transportation Director
CITY COUNCIL MEMO
FROM: Jeff Coles, Recycling and Trash Collection Director
DATE: June 28th, 2017
SUBJECT: Approve Resolution for paying Boston Mountain Solid Waste District
Annual fees for local contributions.
RECOMMENDATION:
Approve a resolution to pay Boston Mountain Solid Waste District annual fees for local
contributions.
BACKGROUND:
The City of Fayetteville is located in the jurisdiction of the Boston Mountain Solid Waste District
that includes Washington and Madison counties. Member governments in the Boston Mountain
Solid Waste District are required to pay annual fees for local contributions based on regulations
adopted by the District in prior years.
DISCUSSION:
The Purchasing Division recently brought to -the attention of staff that the local contributions paid
to the Boston Mountain Solid Waste District were over the threshold of $20,000 and needed to
be approved through City Council in order to be paid. These contributions have been paid by
the City since the inception of the fees and the District in the early 90's.
This is now coming to the City Council to be in compliance with City policies regarding
payments over $20,000. These fees are also paid by the other member governments inside the
District which includes class 1 cities in Washington and Madison counties and the county
governments of both counties. The fee is assessed based on population and is charged at 50
cents per person per year.
The terms of performance for the agreement expires on December 31, 2017 but shall be
automatically renewed and extended for up to an additional five (5) one- year terms if the City's
budget containing funding for the service is approved by the City Council for the next year.
BUDGET/STAFF IMPACT:
The local contributions are budgeted each year in account # 5500.750.5000-5303.00. The fee
is paid quarterly at $9,197.50 or $36,790 per year.
Mailing Address:
713 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
Boston Mountain Contract
Boston Mountain Resolution 2011701
Boston Mountain Census data
CITY OF
FAYETTEVILLE
ARKANSAS
Contract for Services
Between: City of Fayetteville, AR &
Boston: Mountain Solid Waste District
Term: One year with four one year renewals
This agreement is entered into on this day of , 2017 between the City of
Fayetteville, hereinafter known at the "City" and the Boston Mountain Solid v4ata District, hereinafter known: as "BMSWD",
an Arkansas governmental unit.
WHEREAS, every ten (10) Years the United States Government sets forth new census figures as the official U.S.
Census figures from each city and county in the Boston Mountain Solid Waste District; and
WHEREAS, BMSWD passed Resolution No. 2011-01 on the 25'.' of February, 2011, setting forth the 2010 Census
Data as the official statistics for BMSWD and such Resolution passed by BMSWD;
WHEREAS, the City of Fayetteville is considered a District member of the Boston Mountain Solid Waste District.;
and
WHEREAS, BMSWD serves the citizens of Fayetteville
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and BMSWD agree as follows:
1. The following documents are hereby ircorporated as part of this agreernent�
a. Appendix A (2 total pages): Boston Mountain Solid Waste District Resolution No. 2011-01 and
corresponding memo on quarterly local contributions
2, The City agrees to pay BMSWD at a rate of fifty cents ($.50) per citizen, per year rate to be billed quarterly.
Statements are intended to be provided to the City within 45 days after the beginning of each quarter, Payments
are due to BMSWD by the end of the quarter,
B. The BMSWD has a vital need tc use the U.S, Census populabon figures, as a correct base for various numerical
calculations.
4, BMSWD shall utilize the U.S. Census population figures, to plan for future and current programming needs.
S. The City and BMSWD understand the U.S. Census data rarely changes. Contributions shall be based on the 2010
Census or the most recent published data by the U.S, Census.
6. BMSWD passed Resolution No, 2011-01 stating "there appears to be "no known inconsistencies" within the
recently completed 2010 U.S. Census, these figures are thus, sufficient to set the quarterly membership
assessment, starting in the 2" quarter of 2011, for District members, Madison County and Washington County, as
well, as the cities of Fayetteville ...•'.
B v15WD agrees to make available all records pertaining to the district plans for providing service, except those
restricted by federal regulations, for review by the City and City auditors as requested. BMSWD agrees to comply
with the Arkansas Freedom of Information Act as applicable,
11P<a"ae
8. For the purpose of the Agreement, the Project Coordinator for the City will be the Mayor or his/her designee. The
Project Coordinator for BMSWD will be Robyn Reed or his/her designee. Corrmunications pertaining to this
agreement will be through the respective Project Coordinators for the City and Bfv1SWD,
9. Terms of performance. The term of performance for this agreement will expire December 31, 2017 but shall be
automatically be renewed and extended for up to an additional five (5) one- year terms if the City's budget
containing funding forthe service is approved by the City Council for the next year.
10. BMSWD shall provide and maintain in force at all tir-nes during the term of the agreement, for its own employees,
coverage for worker's compensation to the extent required by law,
11. Notices. All notices required or permitted under this agreement will be submitted in writing to the other party in
this agreement by personal delivery or the address bellow, or by certified mail, return receipt requested, in which
case notice will be effective three (3) business days after deposit therein address to the following:
Fl- b, , I I
Mayor fudge Ea4Weaver
City of Fayetteville, AR BMSWD
1i3 Mountain 11398 Bond Road
Fayetteville, AR 72701 Prairie Grove, AR 72753
12. Neither party may assign any of its rights or obligations under this agreement without the express written consent
of the other, nor shall this agreement be construed to bestow any rights or benefits upon anyone other than
BMSWD and the City.
13. The parties agree and understand that this Agreerent is exclusive of any and all other agreements, and that it in
no way alters, arnends or abridges any rights, obligations or duties of the par ties contained in such agreements.
14. A waiver by either party of any of the ter msor conditions herein shall be limited to that particular instance and
shall not be construed as a general waiver of any otherbreechesby either party.
15. This Agreement constitutes the entire Understaincling of the parties, and no modification or variation of the terms
of this agreement shall be valid unless made in writing and signed by the duly authorized agents of BMSWD and
the City.
16. Severability. Each paragraph of this agreement is severable from all other paragraphs. If any paragraph or
subparagraph is found to be invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs
will remain in full force and effect.
17. Interpretation. The contract shall he interpreted according to and enforced under, the laws of the State of
Arkansas, in Washington County.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
BOSTON MOUNTAIN SOLID WASTE DISTRICT
By:
JUIIGE;-r<'l�r0- AVER, CHAIRMAN
A
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BOARD S'it WY6
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By:
Sondra E Smith, CitV Clerk, Treasurer
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RESOLUTION 2011-01
A Resolution setting forth the 2010 Census Data as the
official statistics for Boston Mountain Solid Waste District
Every ten (10) years, the U.S. Government sets forth new census figures as
the official U.S. Census figures from each city and county in the Boston Mountain
Solid Waste District.
BE IT RESOLVED, that the Boston Mountain Solid Waste District has a vital
need to use the U.S. Census population figures, as a correct base for various
numerical calculations, and;
BE IT RESOLVED, that the Boston Mountain Solid Waste District shall utilize
U.S. Census population figures, to plan for future and current programming needs.
The U.S. Census data, rarely changes for the next 10 years; and,
BE IT RESOLVED, as there appears to be "no known inconsistencies" within
the recently completed 2010 U.S. Census, these figures are thus, sufficient to set
the quarterly membership assessment, starting in the 2nd quarter of 2011, for
District members, Madison County and Washington County, as well as the cities of
Fayetteville, Springdale, Johnson, Huntsville, West Fork, Farmington, Lincoln,
Prairie Grove, Elkins and Tontitown, all other cities and communities and;
BE IT RESOLVED, that the Official U.S. Census of 2010, shall be used to
calculate and in conjunction with other District regulations, to possibly add to the
Boston Mountain Solid Waste District Board membership, and;
BE IT FURTHER RESOLVED, that the Boston Mountain Solid Waste District
by approval of this resolution, on the 25`h of February, 2011, hereby designate the
2010 Census totals as a guideline for structuring its membership; calculating
present needs and planning for the future of the District.
C 7airman
Secretary
(479) 846-3005 11398 Bond Rd. nww.hnjswri.cgQM
(479) 846-4614 (fax) Prairie Grove, AR 72753-9345
Ms ra•4'r:n' SbAa
t1',r•:'a� t7ivtrk-r
Memo on quarterly local contributions
To: Mr. Larry Oelrich, chairman, Prairie Grove Utilities Director; Judge Marilyn Edwards,
Washington County; Ms. Melissa McCarville, City Administrator, Farmington; .fudge Frank
Weaver, Madison County, Mayor Kevin Hatfield, Huntsville; Mayor Bruce Ledford, Elkins;
Mayor Lioneld Jordan, Fayetteville; Mayor Lonnie Barron, Johnson; Chuck Wood, City
Administrator Lincoln; Mayor Doug Sprouse, Springdale; Mayor Tommy Granada, Tontitown;
Mayor Frances Hime, West Fork;
Today is 1 March 2011
Board Members of the Boston Mountain Solid Waste District:
Accompanying this letter is the I" quarter statement under the new 201 1 U.S. Census
figures as compiled by the Northwest Arkansas Planning and Development District office in
Springdale. _
Should this statement have a different department head or administration destination, I
_just wanted you to see the impact the 2010 U.S. Census has made on your county or city within
the Boston Mountain Solid Waste District. The statement will be mailed, as usual to the correct
department head or administrator on your county/city staff.
For new board members and those elected in last November's General Election, this
quarterly statement is mailed on the 45`h day of each quarter. As an example statements should
have gone out Feb. 15'x' for the first mailing date of the first quarter of 2011. A]1 payments are
due to the district by the end of the quarter or early per your payment cycle.
The total population for your county/city is assessed a 50 cents per citizen, per year rate
which is billed quarterly, hence the 12.5 percent figure in calculating your total population each
quarter.
Please look over the statement and if there are any questions, please do not hesitate to
contact nye:
Maylon Rice, Director
(479) 846-3005 11398 Bond Rd. + yw,bmswd.com
(479) 846-4614 (fax) Prairie Grove, AR 72753-9345