Loading...
HomeMy WebLinkAbout262-20 RESOLUTIONM 113 west Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 262-20 File Number: 2020-0829 JORDAN DISPOSAL, LLC: A RESOLUTION TO APPROVE AN AGREEMENT WITH JORDAN DISPOSAL, LLC FOR THE HAULING OF SOLID WASTE IN THE CITY 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 approves an agreement with Jordan Disposal, LLC, a copy of which is attached to this Resolution, for the hauling of solid waste in the City of Fayetteville. PASSED and APPROVED on 10/20/2020 Attest: t; ;n / GITy; Kara Paxton, City Clerk Treasure`t� % Fgyf�Fl /44e Page 1 Printed on 10/21/20 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File \` File Number: 2020-0829 Agenda Date: 10/2012020 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A.11 JORDAN DISPOSAL, LLC: A RESOLUTION TO APPROVE AN AGREEMENT WITH JORDAN DISPOSAL, LLC FOR THE HAULING OF SOLID WASTE IN THE CITY 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 approves an agreement with Jordan Disposal, LLC, a copy of which is attached to this Resolution, for the hauling of solid waste in the City of Fayetteville. City o/ Fayetteville, Arkansas Page 1 Primed on 10H912020 City of Fayetteville Staff Review Form 2020-0829 Legistar File ID 10/20/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Shannon Newman 10/1/2020 RECYCLING/TRASH COLLECTION (7S0) Submitted By Submitted Date Division / Department Action Recommendation: A resolution to approve an agreement between the City of Fayetteville, Arkansas and Jordan Disposal, LLC to haul and dispose of solid waste in the City of Fayetteville Account Number Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? Number: Order Number: Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance NA Item Cost NA Budget Adjustment Remaining Budget Fund Project Title 0 Previous Ordinance or Resolution # Approval Date: QCITY OF FAYETTEVILLE ARKANS ARKANSAS MEETING OF OCTOBER 20, 2020 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Peter Nierengarten, Environmental Director Jeff Coles, Recycling and Trash Collections Director FROM: Shannon Newman, Financial Analyst - Recycling and Trash Collections DATE: October 1. 2020 SUBJECT: A resolution to approve an agreement between the City of Fayetteville, Arkansas and Jordan Disposal, LLC to haul and dispose of solid waste in the City of Fayetteville RECOMMENDATION: Staff recommends City Council approval of a resolution with Jordan Disposal, LLC for the hauling and disposal of solid waste in the City of Fayetteville. BACKGROUND: City Code 50.29 - Private Collectors; Contract With City Required No person, except a duly authorized agent or employee of the city, shall empty garbage or trash receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of the city, without a written contract with the city. (Code 1965, §10-46; Ord. No. 1194, 4-6-59; Code 1991, §50.29) In accordance with this City Cade, Jordan Disposal has submitted a request for contract to haul solid waste within the city limits of Fayetteville. There are currently 11 approved franchise haulers operating in the city of Fayetteville. Attached is a list of these haulers and the materials they are approved to haul. DISCUSSION: The hauling contract will permit Jordan Disposal to colleted and haul Class 1 and Class 4 solid iner waste using open -top roll -off style contas with ca =hies of 20 cubic yards or greater, or roll - off style compactors with capacities of 20 cubic ya r greater. No unseparated recyclables, with the exception of construction/demolition was hall be hauled from any customer within the corporate limits of the City of Fayetteville. I The agreement requires Jordan Disposal to _ y a monthly fee to the City of Fayetteville of 10% of the gross revenue received for providinVolid waste hauling services. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The term of the agreement will be 2 years with automatic renewals for 2 additional 2-year terms. Staff proposes approval for Jordan Disposal, LLC to haul and dispose of solid waste within the City of Fayetteville per the terms of the attached agreement. BUDGETISTAFF IMPACT: None Attachments: Jordan Disposal, LLC Letter of Request Jordan Disposal, LLC Registration Documents Franchise Haulers Jordan Disposal, LLC Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville City of Fayetteville City Attorney 113 West Mountain Fayetteville AR 72701 Mr. Pennington, September 3, 2020 My name is Gregg Klumper, I am the General Manager of Jordan Disposal LLC out of Galena KS. Jeff Coles contacted me today and informed me we are breaking a city ordinance by having one of our roll off containers set within city limits (we are removing that container today) while not having a franchise agreement with the City of Fayetteville. I would like to ask the City of Fayetteville for a franchise agreement with Jordan Disposal LLC so that we may provide roll off trash collection services within the city limits. We would provide the following sizes of roll off containers: 10-yard, 20-yard, 30-yard, 40-yard. Please feel free to contact me to answer any questions you may have about our operation. Please let me know when this matter will be brought before city council. Thank you, ' r_ Gregg Klumper General Manager Jordan Disposal LLC 1040 E. Front St Galena KS 66739 Cell: 620-210-2177 Office: 417-624-4469 Gregg@Jordandisposal.com STATE OF [PKA\TSAS SECWIY Or STATE John Thurston ARKANSAS SECRETARY OF STATE To All to Whom These Presents Shall Come, Greetings: I, John Thurston, Arkansas Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of Application for Certificate of Registration of For. LLC of JORDAN DISPOSAL LLC filed in this office September 23, 2020 In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 23rd day of September 2020.. oa+� John Thurston Secretary of State Online Certificate Authorization Code: 3560365f6b93a258e07 To verify the Authorization Code, visit sm.arkansas.8ov 0 FILED -Arkansas Secretary of State -John Thurston - Doc#: 13189702001 - Filing#: 811266532 -Filed On: 92312020 - Page(s): 2 App. for Certificate of Registration of For. LLC Filing Information Filing Act: 1003 of 1993 Foreign Date of Origin: 2018-11-16 State of Origin: KS Foreign Country of Origin: USA Entity Name: JORDAN DISPOSAL LLC File Date: 2020-09-23 07:03:32 Filing Signature: GREGG KLUMPER Signature Title: Manager Registered Agent: First Name: GREGG Last Name: KLUMPER Address 1: 15645 W HWY 72 City: GRAVETTE State: AR Zip:72736 Country: USA Phone:620-210-2177 Email: GREGG@JORDANDISPOSAL.COM First Name: MADS • Last Name: GISSELBAEK Title: Incorporator/Organizer Address 1: 1040 E. FRONT ST City: GALENA State: KS ZIP:66739 Country: USA First Name: GREGG Last Name: KLUMPER Title: Manager Address 1: 1040 E. FRONT ST. City: GALENA State: KS ZIP:66739 Country: USA Foreign Contact Entity Name: Jordan Disposal LLC Address 1: 1040 E. Front St. City: Galena State: KS ZIP:66739 Phone Number: 888-624-4469 Email Address: Gregg@Jordandisposal.com STATE OF KANSAS OFFICE OF SECRETARY OF STATE SCOTT SCHWAB I, SCOTT SCHWAB, Secretary of State of the state of Kansas, do hereby certify, that according to the records of this office. Business Entity ID Number: 9221722 Entity Name: JORDAN DISPOSAL, LLC Entity Type: DOM: LTD LIABILITY COMPANY State of Organization: KS was filed in this office on November 16, 2018, and is in good standing, having fully complied with all requirements of this office. No information is available from this office regarding the financial condition, business activity or practices of this entity. ❑® Secretary of state Seal In testimony whereof I execute this certificate and affix the seal of the Secretary of State of the state of Kansas on this day of September 22, 2020 0 Signature of Secretary of State SCOTT SCHWAB SECRETARY OF STATE Certificate ID: 1149022 - To verify the validity of this certificate please visit httos://www.kansas.pov/bess/flow/validate and enter the certificate ID number. City of Fayetteville Franchise Haulers Business DBA City Activity Hauling and disposal of solid waste and recyclable material within the city limits of Eco Vista Waste Management Waste Management Tontitown Ar. Fayetteville. Hauling and disposal of solid waste and recyclable material within the city limits of Hogeye Mfg. Co. Inc Hogbox Fayetteville Ar. Fayetteville. Hauling and disposal of solid waste and recyclable material within the city limits of Allied Waste Services Republic Bella Vista Ar. Fayetteville. Hauling and disposal of solid waste and recyclable material within the city limits of Central Arkansas Recycling & Disposal CARDS Little Rock Ar. Fayetteville. Hauling and disposal of solid waste and recyclable material within the city limits of Waste -Away Whiteline Waste Hiwassee Ar. Fayetteville. Organic waste hauling and composting Food Loops Rogers Ar. within the city limits of Fayetteville. Hauling and disposal of solid waste and recyclable material within the city limits of Marck Recycling Rogers Ar. Fayetteville. Hauling and disposal of solid waste and recyclable material within the city limits of Windstar Investments LLC Roll Off Dumpsters Rogers Ar. Fayetteville. Organic waste hauling and composting Food Recycling Solutions, LLC Rogers Ar. within the city limits of Fayetteville Hauling and disposal of solid waste and recyclable material within the city limits of Inland Waste Solutions Orion Waste Solutions Bethel Heights Ar. Fayetteville. AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE IN THE CITY OF FAYETTEVILLE This Agreement (the "Agree I enP'), is entered into on this day of 2>�ytutnil,020, between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Jordaj (the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler agree as follows: I. The term of this Agreement shall be for two (2) years, with automatic renewals for two (2) additional two (2) year terms, unless otherwise terminated pursuant to the terms hereof. Notice of non -renewal by either City or Hauler shall be given at least thirty days prior to the end of the current term. 2. Hauler agrees that f om and after the original date of this Agreement, all customer service Agreements for facilities within the corporate limits of the City, excluding residential areas, entered into before or after the effective date of this Agreement, or renewed shall have terms of no more than one (1) year and any subsequent extensions shall be for terms of no more than one (1) year. No customer service Agreement shall extend the terms of this Agreement. 3. Hauler agrees and understands that it may only collect and haul Class 1 and Class 4 Solid Waste and/or Recyclables using the type equipment commonly refened 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 sball not collect any Class 1 or Class 4 material in other containers. No recyclables shall be hauled from any customer within the corporate limits of the City of Fayetteville. 4. In consideration of t e right to provide the hauling of solid waste described in Item #3 above, Hauler agrees and understands that it shall be required to pay a monthly fee of ten (10%) percent (the "Solid Waste Feo") of the gross revenue received for providing solid waste hauling services, 5_ Hauler agrees and understands that it shall deliver all Class 1 and Class 4 waste to a properly licensed landfill facility. Hauler shall pay all transfer station fees to the transfer station operator and all landfill fees to the landfill operator, as they maybe established and amended, from time to time. 6. Hauler shall pay all fees due hereunder, along with submitting "Attachment A: Solid Waste Documentation", or page I of Attachment A in conjunction with an agreed upon vendor generated report, on or before thle 15'^ of each calendar month for the immediately preceding calendar month. Payments of fees recoived after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the feeslwithin forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) 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) Haulr's worksheet calculating the fees remitted; (i7 a list of payments received from customers within the City; (iii) such list shall clearly indicate whether each payment was from a permanent orl 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 (including those for non-profit organizations) including but not limited to Page 1 of delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). ']'he City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." 7. 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 Stich audit reveals the 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 and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). This information shall not be divulged to any third party by the City, its employees, officers, or elected officials without the express written consent of the Hauler, or as otherwise required by law. The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." 8. The City will advise Hauler of any request for information which the City, at the City's sole discretion, determines to be non-disclosable or otherwise subject to an exemption from disclosure under the Arkansas Freedom of Information Act. if a court of competent jurisdiction determines that said requested information is disclosable or otherwise is not exempt from disclosure under the Arkansas Freedom of Information Act, the City will comply with said finding and notify Hauler. Discovery requests made to the City during the course of any litigation, or any other subpoena or court order issued to the City for information or records related to Hauler and this Agreement, shall be promptly made known to Hauler. 9. Hauler agrees and understands that it shall submit to the City by June 30' on an annual basis: (i) a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate vehicle registration; (iii) and proof of the insurance required in the Agreement. 10. Hauler agrees and understands that it shall provide by June 30' on an annual basis: (i) a list of vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their valid and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and implementation of a plan to ensure that the vehicle operators maintain their commercial driver's licenses in accordance with applicable federal and state laws. _ 11. Hauler agrees that it'shall provide by June 30'^ on an annual basis copies of valid and current hauling and disposal permits from the Arkansas Department of Environmental Quality, the Solid Waste District with jurisdiction, and any local permitting agency. 12. 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. 13. The City reserves thelright 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. Page 2 of 5 14. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required to establish an individual credit or service relationship with the City ofFayetteville 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. 15. 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 relate in any way to any license or ordinance created pursuant to A.C.A. §26-77-102. 16. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third part or affiliate. 17. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's Environmental Director. The Point of Contact for the Hauler shall be f Oregg Klumper 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 oitber party. 18. Hauler agrees to project, 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. 19. 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) City will be added as an additional insured on General Liability and Auto Liability policies. d) The types of coverage and limits of liability of all insurance required herein shall be a follows: I COVERAGE LIMITS OF LIABILITY Worker's Compensation Statutory Em 'lo er's Liability $500 000 Page 3 of 5 20. 21 Bodily Injury Liability except $1,000,000 Automobile each occurrence Property Damage Liability Except $1,000,000 Automobile each aggregate Automobile Bodily Injury $1,000,000 each person Comprehensive General $1,000,000 Liability each occurrence Automobile Property $1,000,000 Damage Liability each occurrence Excess Umbrella $1,000,000 Liability each occurrence Termination: a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults in the performance of any of the requirement 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 no sooner than thirty (30) days after the date of written notice of such breach or defuili; (ii) cure the breach or default at the expense of the Hauler; and/or (iii) exercise any 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 Hauleimakes 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 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. All notices required or permitted under this contract shall be submitted in writing to the other party of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall be effective three (3)!days after deposit therein addressed to the following: City Environmental Director 113 West Mountain Street Fayetteville, AR 72701 22. Hauler agrees and ut hereto are subject to request is presented exempt documents s Freedom of Inforrm photocopying costs i Gregg R E. Front arstands that this Agreement and documents submitted to the City pursuant e Arkansas Fie m of Information Act. If a Freedom of Information Act the City of FvAtteville requesting such non-exempt documents, such non- Il be provide Sn a prompt and timely manner as prescribed in the Arkansas on Act ( . Code Ann. § 25-19-101 et seq.). Only legally authorized ry be sad for this compliance. Page 4 of 5 23. 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. 24. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall notibe construed as a general waiver of either party's right to seek appropriate remedies for any otherjbreaches by either party. 25. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of competent jurisdictionl 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. 26. This contract constitutes the entire understanding of the parties and no Notification 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. 27. Each of the undersigned warrants that he or she has the full right, power, and authority to execute this contract on behal of the party indicated for the purposes herein contained. 28. 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. 29. The obligations of thejparties 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,Iwe have hereunto set our hands on the date first written above. CITY OF YETTEVILLE JORDAN DISPOSAL, LLC j By: Id, 6-W-tA aL a lAsv4 en- LI NELD JO AN, Mayor N _Title ATTEST: M WITNESS: �,ttnntrq,i TRipY �,•' G1T1 0o'9pG: FAYE77tlgLLE , A= 9 S 'Q%tAf+l3P may ��• Page 5 of 5 Attachment A: Solid Waste Documentation 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 10% 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 return 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 - Phone # Dale • - 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 # Monthly Revenues 1 2 3 4 5 6 7 8 9 10 Total: Donated or Discounted Normal Container# Billing Charge 1 2 3 4 5 Total: Grand Total: 10% of Grand Total: Fee to be remitted to City for this account