HomeMy WebLinkAbout219-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 219-22
File Number: 2022-0851
FOOD RECYCLING SOLUTIONS, LLC:
A RESOLUTION TO APPROVE AN AGREEMENT WITH FOOD RECYCLING SOLUTIONS,
LLC FOR THE HAULING OF ORGANIC COMPOSTABLES AND RECYCLABLE
MATERIAL 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 Food Recycling Solutions, LLC, a copy of which is attached to this Resolution, for the hauling of
organic compostables and recyclable material in the City of Fayetteville.
PASSED and APPROVED on 10/4/2022
Page 1
Attest:
Kara I'a on. City Clerk Treasurer
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0851
Agenda Date: 10/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.2
FOOD RECYCLING SOLUTIONS, LLC:
A RESOLUTION TO APPROVE AN AGREEMENT WITH FOOD RECYCLING SOLUTIONS, LLC
FOR THE HAULING OF ORGANIC COMPOSTABLES AND RECYCLABLE MATERIAL 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
Food Recycling Solutions, LLC, a copy of which is attached to this Resolution, for the hauling of organic
compostables and recyclable material in the City of Fayetteville.
City of Fayetteville, Arkansas Page 1 Printed on 101512022
Daryl Brigman
Submitted By
City of Fayetteville Staff Review Form
2022-0851
Legistar File ID
10/4/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/7/2022 RECYCLING/TRASH COLLECTION (750)
Submitted Date Division / Department
Action Recommendation:
A resolution to approve an agreement with Food Recycling Solutions, LLC for the hauling of organic compostables
and recyclable material in the City of Fayetteville.
Budget Impact:
Account Number
Project Number
Budgeted Item? No Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
$
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 4, 2022
TO: Mayor Jordan and City Council
THRU: Peter Nierengarten, Environmental Director
CITY COUNCIL MEMO
FROM: Daryl Brigman, Financial Analyst — Recycling and Trash Collections
DATE: September 7, 2022
SUBJECT: A resolution to approve an agreement between the City of Fayetteville,
Arkansas and Food Recycling Solutions, LLC to haul and dispose of solid waste in the
City of Fayetteville
RECOMMENDATION:
Staff recommends City Council approval of a resolution with Food Recycling Solutions, LLC for
the hauling and disposal of solid waste in the City of Fayetteville.
BACKGROUND:
Food Recycling Solutions has submitted a request to haul compostable and recyclable materials
in the City of Fayetteville. The contract will permit Food Recycling Solutions, LLC to collect and
transport compostable materials to permitted Food waste composting operations.
There are currently 12 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:
Food Recycling Solutions agrees and understands that it will be required to provide certification
of the weight collected for hauling all organic waste collected in the City of Fayetteville.
Documentation should be completed using either scale tickets from a permitted facility and the
reported weight will be counted toward the City' s waste diversion goals. The term of the
agreement will be 2 years with automatic renewals for 2 additional 2- year terms, unless
otherwise terminated pursuant to the terms of the contract.
BUDGET/STAFF IMPACT:
None
Attachments:
Franchise Haulers
Food Recycling Solutions, LLC Agreement to haul and dispose of Organic Compostables.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville Franchise Haulers
Business
DBA
City
Contact
Status
Expires
Activity
No
Hauling and disposal of solid waste and
Approved
recyclable material within the city limits of
Allied Waste Services
Republic
Bella Vista, AR
Jennifer Fagan
12/3/19
12/3/2025
Fayetteville.
1
Hauling and disposal of solid waste and
Approved
recyclable material within the city limits of
Central Arkansas Recycling & Disposal
CARDS
Little Rock, AR
Jason Fitzgerald
7/17/18
7/17/2024
Fayetteville.
2
Hauling and disposal of solid waste and
Approved
recyclable material within the city limits of
Eco Vista Waste Management
Waste Management
Tontitown, AR
George Wheatley
9/17/19
9/17/2025
Fayetteville.
3
Organic waste and recyclables hauling and
Approved
composting within the city limits of
Food Loops
Rogers, AR
Tam Rohr / Michael Kraus
4/7/20
4/7/2023
Fayetteville.
4
Hauling and disposal of solid waste and
Orion Waste Solutions &
Approved
recyclable material within the city limits of
Inland Waste Solutions
Lakeshore Recycling
Bethel Heights, AR
Kevin Gardner
9/17/19
9/17/2025
Fayetteville.
5
Hauling and disposal of solid waste and
Approved
recyclable material within the city limits of
Marck Recycling
Rogers, AR
Kent Longley
10/2/18
10/2/2024
Fayetteville.
6
Organic waste and recyclables hauling and
Approved
composting within the city limits of
Ozark Compost & Swap, LLC
Fayetteville, AR
Ricky Ludeman
9/7/21
9/7/2024
Fayetteville.
7
Hauling and disposal of solid waste and
Approved
recyclable material within the city limits of
Ozark Dumpster Service, LLC
Springdale, AR
Alexandra Hollenbeck
12/3/19
12/3/2025
Fayetteville.
8
Hauling and disposal of solid waste and
Approved
recyclable material within the city limits of
Rubbish Removal and Roll -Off Rentals, LLC
Arkansas Waste Solutions
Winslow, AR
Brent Wells
9/7/21
9/7/2027
Fayetteville.
9
Hauling and disposal of solid waste and
Approved
recyclable material within the city limits of
Windstar Investments LLC
Roll Off Dumpsters
Rogers, AR
Gene Housley
10/2/18
10/2/2024
Fayetteville.
10
Hauling and disposal of solid waste and
Ryan Truesdale/Jeff
Approved
recyclable material within the city limits of
On Point Dumpster Rental NWA, LLC
Rogers, AR
Woodcock
7/19/22
7/19/2028
Fayetteville.
11
Hauling and disposal of solid waste and
Approved
recyclable material within the city limits of
SPO Networks, Inc
SPO Recycling
Lowell, AR
Tom Smith/Moira MacLeod
7/19/22
7/19/2028
Fayetteville.
12
AGREEMENT TO HAUL AND DISPOSE OF ORGANIC
COMPOSTABLES IN THE CITY OF FAYETTEVILLE
This Agreement (the "Agreement"), is entered into on this day of 2022, between
the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Food Recycling Solutions,
LLC (the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler
agree as follows:
1. 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 from 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 from the date of execution of this Agreement. No customer service
agreement shall extend the terms of this Agreement.
Hauler agrees and understands that it may only collect and haul organic waste for composting.
Hauler may collect organic waste from commercial and industrial activities. Hauler is not
authorized to collect or haul any other type of recycling or solid waste.
4. In consideration of the right to provide the hauling of organic waste described in Item #3 above,
Hauler agrees and understands that it shall be required to pay a monthly fee of five (5%) percent
(the "Organic Waste Fee") of the gross revenue received for providing the hauling of compostable
organic waste.
5. As additional consideration for the right to provide the hauling of compostable organic waste as
described in Item #3 above, Hauler agrees and understands that it shall be required to haul all
organic waste collected in the City of Fayetteville to the Fayetteville Recycling and Trash
Collection Facility for composting, which shall be counted toward City's waste diversion goals.
6. Hauler shall pay all fees due hereunder for compostable organic waste materials hauled, along with
submitting "Attachment A: Organic Waste Documentation", 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 10% penalty per month. If Hauler fails to pay the fees within 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 volume of compostable organic waste collected, in
tons. With payment remittance, the City may review and obtain certain trade secret information,
including rates, frequency of service, customer lists, other customer information, and contracts
("Confidential Information"). 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." This information will only be reviewed by
City financial staff and will not be made available to City Recycling & Trash Collection staff.
Page 1 of 5
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. 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." This information will only be reviewed by
City financial staff, and will not be made available to City Recycling & Trash Collection staff.
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 30th 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 by this Agreement.
10. Hauler agrees and understands that it shall provide by June 30th on an annual basis: (i) a list of
vehicle operators collecting and hauling compostable organic 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 306 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, as required by state or local law.
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 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 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.
14. Hauler agrees and understands that it shall be required to establish an individual credit or service
relationship with the City of Fayetteville transfer station operator. Hauler agrees that it shall
comply with all practices, policies and procedures as established by the transfer station operator
from time to time. Any tipping fee deposits required by the transfer station shall be refunded, less
any unpaid tipping fees, when the Hauler ceases hauling activities governed by this Agreement.
Pagc 2 of 5
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 Richard Ims.
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.
18. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers,
employees, agents, subcontractors, representatives and assigns from any loss, claim, liability,
penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto
(including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i)
Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii)
Hauler's negligent act or omission or willful misconduct related to the delivery of compostable
organic waste to the City transfer station.
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:
COVERAGE
LIMITS OF LIABILITY
Worker'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
Automobile Bodily Injury
$1,000,000 each person
Comprehensive General
Liability
$1,000,000
each occurrence
Automobile Property
$1,000,000
Page 3 of 5
20.
Damage Liability
each occurrence
Excess Umbrella
Liability
$1,000,000
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
default; (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
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 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.
21. 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 of Fayetteville
Environmental Director
113 West Mountain Street
Fayetteville, AR 72701
Food Recycling Solutions, LLC
Attn: Richard Ims
13935 Pyramid Drive
Rogers, AR 72758
22. 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 non-exempt documents, such non-
exempt documents shall be provided in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (Ark. Code Ann. § 25-19-101 et seq.). Only legally authorized
photocopying costs may be assessed for this compliance.
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 not be construed as a general waiver of either party's right to seek appropriate
remedies for any other breaches by either party.
Pagc 4 of 5
25. Each paragraph of the 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.
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 behalf 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 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.
CITY OF FAYETTEVILLE FOOD RECYCLING SOLUTIONS, LLC
ATTEST:
L'In
Richard Ims, Managing Member
WITNESS:
By:L .t► �1�LL.iII. �.'1. 1 4,pa4ri i�
FAYEnEVLLLE
`IT
Gi 1i i i+►4,'
Page 5 of 5
Attachment A: Organic Compostable 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
Signature
Title
Phone #
Date
Customer Account Identifier
(use your unique identifier that is blind to the City)
Customer Account Type
(permanent or temporary)
Total containers with account
Total number of pulls with account
Container #
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:
5% of Grand Total:
Fee to be remitted to City
for this account
Attachment B: Recycling 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. Please complete the attached form to show by commodity the volume, in tons, collected with
disposition by destination market for the month reported.
5. Please show the monthly revenues collected by account type:
Total monthly revenue collected from permanent customer accounts $
Total monthly revenue collected from temporary customer accounts
Total monthly revenue collected $
5% of total monthly revenue collected $
6. Total fee remitted to the City of Fayetteville for the month reported.
I swear or affirm that all the information provided above and on all attached forms is true,
correct, and complete to the best of my knowledge and belief.
Printed Name
Signature
Title
Phone #
Date
Customer Account Identifier
(use your unique identifier that is blind to the City)
Customer Account Type
(permanent or temporary)
Total containers with account
Total number of pulls with account
Container #
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:
5% of Grand Total:
Fee to be remitted to City
for this account