ORD NO 05-2017 CITYOFOF VAN BUREN,ARKANSAS
ORDINANCE NO. 5 -2017
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE REPEALING ORDINANCE NO. 15-2009 AND
ESTABLISHING MONTHLY RATES FOR MANDATORY
RESIDENTIAL SOLID WASTE COLLECTION SERVICE FOR THE
CITY OF VAN BUREN, ARKANSAS; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren, Arkansas has implemented a mandatory residential solid waste
management system and recycling program pursuant to Ordinance No. 10-2009;and
WHEREAS, it is the duty of the City Council of the City of Van Buren, Arkansas to approve rates,
charges or contractual fees to be charged by residential solid waste disposal firms; and
WHEREAS, the cost of residential solid waste collection within the City of Van Buren, Arkansas has
increased since the same were last established by Ordinance No. 15-2009, passed and
approved August 17, 2009; and
WHEREAS, the City of Van Buren Municipal Utilities Commission,acting as agent for the City of Van
Buren,Arkansas has recommended a schedule of fees and charges for the operation of the
residential solid waste management program.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: The monthly rate to be charged for each residential unit as defined in Ordinance No. 10-
2009 or hereinafter amended shall be Fourteen Dollars and Eighty One Cents ($14.81).
These charges shall cover, at a minimum, once per week residential solid waste and
residential curbside recycling collection, the operation of a recycle drop-off facility, and
residential yard waste curbside collection and drop — off facility (operated by the Van
Buren Street Department).
SECTION 2: The billing and collection for the residential solid waste management program shall be
performed by the Van Buren Municipal Utilities according to its customary billing and
collection procedures and in accordance with the Agreement between the residential solid
waste disposal firm and the Van Buren Municipal Utilities Commission. The Van Buren
Municipal Utilities shall deduct the sum of One Dollar and Forty Eight Cents ($1.48) for
each customer for whom a collection was made.
SECTION 3: The sum of Two Dollars and Zero Cents($2.00) for each customer for whom a collection
was made shall be remitted to the City of Van Buren for the operation of a residential yard
waste collection and drop-off program.
SECTION 4: The remainder of charges collected shall be remitted to the residential solid waste disposal
firm in accordance with the Agreement between the residential solid waste disposal firm
and the Van Buren Municipal Utilities Commission.
SECTION 5: If any section or part of this Ordinance shall be held to be invalid or unconstitutional, it
shall not affect the remaining Sections thereof,and the Sections and parts of said Ordinance
shall be treated severally.
SECTION 6: All Ordinances or parts of Ordinances in conflict herein, are hereby repealed.
SECTION 7: Due to the need to maintain and enforce a comprehensive, city-wide, solid waste
management program, and this Ordinance being necessary for the preservation of the
public peace, health and safety, shall be in full force and effect from and after its passage
and approval.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve,and adopt,by a vote of CD for and () against - oregoing Ordinance at its regular meeting
held on the 15th day of May 2017.
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Robert D. reem.
Mayor
ATTESTED: APP'*AS TO FORM:
41 ensa.1�
Ph i =17B
s Thomas 'andice A. Settle
City Clerk/Treasurer City Attorney
WASTE MANAGEMENT
Think Green:
April 6, 2017
Van Buren Municipal Utilities Commission
2806 Bryan Road
P. 0. Drawer 1269
Van Buren,Arkansas 72957
Dear Commissioners:
In May of 2015, Waste Management of Van Buren (WM) acquired Deffcnbaugh of Arkansas, LLC and the
Commission consented to the assignment of the Agreement for Residential Solid Waste and Curbside Recycling
Collection Services in the City of Van Buren to WM.
The original Agreement was from August 25, 2009 to December 31, 2012. The current six-year Agreement is
from January 1, 2013 to December 31, 2018.
The price has not changed since August 25, 2009.
During the term of the current Agreement, the Contractor may request a price adjustment. Such price
adjustment is not allowed more than two times. As a standard in the Solid Waste industry, Waste Management
uses the Consumer Price Index designed by the U. S. Bureau of Labor Statistics to calculate the percentage
increase allowed.
Effective May 1, 2017,based on a 3.8%upward fluctuation in the Consumer Price Index("CPI-U Water, Sewer
and Trash")published by the United States Department of Labor Statistics, the following rates will apply:
SERVICE CURRENT BASE PRICE NEW BASE PRICE
Curbside Garbage/Recycle $10.92 per resident per month $11.33
Enclosed with this letter is documentation from the United States Department of Labor, Bureau of Labor
Statistics,reflecting the 3.8%fluctuation.
Sincercl
FAII;41
George Wheatley Dwight Dicus
Waste Management Waste Management
Enc.
CPI All Urban Consumers(Current Series)
' Series Id: CUUROOOOSEHG
Not Seasonally Adjusted
Area: U.S. city average
Item: Water and sewer and trash collection services
Base Period: DECEMBER 1997=100
Download:
ILYear LJan_I Feb [ Mar I Apr I May LJun [iJul 1 Aug LSep I Oct 1- Nov I Dec I HALF1 [HALF2
112016 1218.370 L219.036 1219.649 1220.506 1221.360 [221.396_I 221.358 [222.554 1223.111 1223.420 1224_399 1224.745 I-
L® —I
II 2017 1226.411 L ) I `— L --I L L----I
12-Month Percent Change
Series Id: CUUR0000SEHG
Not Seasonally Adjusted
Area: U.S. city average
Item: Water and sewer and trash collection services
Base Period: DECEMBER 1997=100
Download:
I Year [Jan I Feb [mar I Apr I Mad Jun [Jul I Aug I Sep [Oct [Nov. Dec I HALF1_[HALF2
12016 [3.9I 3.613.7 [3.9I4.114.0 )3.513.13.2 [3.3I3.4I3.4 �_ L
IL201713.71 R 1 - I- _I I I L_____L_l I I _I
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RESOLUTION
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A RESOLUTION RECOMMENDING TO THE MAYOR AND CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT RATES
FOR THE CITY'S MANDATORY RESIDENTIAL SOLID WASTE
COLLECTION SERVICE BE MODIFIED
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WHEREAS,the City of Van Buren,Arkansas (the"City")has
implemented a mandatory residential solid waste and recycling collection
system pursuant to Ordinance 10-2009; and,
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WHEREAS,the cost of residential solid waste and recycling collection
within the City of Van Buren,Arkansas has increased since the same were 1
established by Ordinance No. 15-2009,passed and approved August 17,2009;
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and,
WHEREAS,the City of Van Buren Municipal Utilities Commission acting
as agent for the City,has received,from the current Residential Solid Waste
Disposal Firm,a request for an increase in fees of$0.41 per residential unit per 1
month; and, u
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WHEREAS,the City of Van Buren Municipal Utilities Commission,after a
necessary and complete review,recommends the rate increase to the City
Council as being in the best interest of the City and its inhabitants. x
NOW THEREFORE,be it resolved that the City of Van Buren Municipal I
Utilities Commission recommends to the City Council that the existing ordinance
establishing current rates and charges for mandatory residential solid waste
collection services be repealed and new rates and charges be enacted and become 1
effective as shown in the proposed ordinance before the City Council.
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PASSED AND APPROVED THIS /d day of �(2phLL ,2017,
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C.E. Dougan Chairman
Attest:
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Kathy Ge pert,Secretary
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SECOND ADDENDUM TO AGREEMENT FOR RESIDENTIAL ,
SOLID WASTE AND CURBSIDE RECYCLING COLLECTION SERVICES i
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This Second Addendum to the Agreement for Residential Solid Waste and Curbside Recycling j
Collection Services(this"Addendum")is entered into as of the latest date set forth below,by and between s
the Van Buren Municipal Utilities Commission ("Commission") and Waste Management of Arkansas, 1
Inc.,assignee of Deffenbaugh of Arkansas,LLC,("Contractor").
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WHEREAS,the Commission and Contractor have previously entered into a certain Agreement for 1
residential solid waste and curbside recycling collection services,dated on or about August 25,2009,and
an Addendum dated on or about January 13, 2013 (collectively,the "Agreement"), whereby Contractor
was granted the exclusive right to operate a residential solid waste collection and curbside recycling
service,as more particularly set forth in the Agreement;and i
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WHEREAS,the Commission and Contractor desire to modify the Agreement,as more particularly i I
set forth below, i
3 NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged and confessed,the parties agree as follows: q
1. Pursuant to Section 17 of the Agreement,the Commission hereby consents to the assignment I
of the Agreement to Waste Management of Arkansas, Inc, Waste Management of Arkansas,
Inc. hereby agrees to assume all of the responsibilities set forth in the Agreement effective as 0
of the date this Addendum is signed.
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2. Nothing contained herein shall be deemed to amend or modify the Agreement, except as y
expressly set forth herein. In the event of a conflict between the terms of the Agreement and 1
this Addendum,the terms of this Addendum shall control,
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VAN BUTtENMUNICIPAL UTILITIES WASTEA
MAN GEMENT OF ARKANSAS,
COMMISSION INC. I
B . a _= - -- B (i,) /!
Printed Name: n C.E.D. Printed Name: ,17_74
m Wells l11
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- Title: Chairman of Commission Title: Area Vice President.
IOC-
Date: ///? /J Date: 5. / t
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ADDENDITM.TO AGREEMENT FOR RESIDENTIAL i
SOLID WASTE AND CURBSIDE RECYCLING COLLECTION SERVICES
This Addendum("Addendum")amends and is hereby incorporated into the"Agreement"
between the Van Buren Municipal Utilities Commission("Commission")and Deffenbaugh of
Arkansas,LLC(assignee of Roll Off Service,Inc.)("Conhactor") entered into August 25,2009.
WHEREAS,the Commission and Contractor agree to modify the Agreement as stated
herein,and if any conflict exists between the terms of the original Agreement and this Addendum, i
the terms of this Addendum shall govern.
1. The parties agree to a new six(6)year term of the Agreement,which shall
commence on January 1,2013 and terminate on December 31,2018. The Agreement,including
this Addendum,may be renewed at the expiration of the six-year term in accordance with the
provision of paragraph 2(b)or as otherwise agreed to by the parties.
2. Paragraph 5(a)is amended by deleting the first sentence in its entirety and replacing
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it with the following new sentences:
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"Contractor shall provide weekly curbside collection of acceptable recyclable materials on
.• the same day as the scheduled solid waste collection service. Such weekly recycling service
( shall commence on or after February 1,2013."
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VAN BUREN MUNICIPAL UTILITIES • DEFFENBAUGH OF ARKANSAS,LLC
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COMMISSION r
By: _ <� . _ ._ B-577— <-_ ;)_ F I
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Printed name: C. E. Dorgan ' Printed name_ 56 �) i
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Title: Chairman of Commission Title: 'of KANiltf
Date: January 15, 2013 Date: 111113
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ASSUMPTION AGREEMENT AND ACCEPTANCE a
THIS AGREEMENT made and entered into this 17j day of March,2011,by and between
Van Buren Municipal Utilities, of Van Buren, Arkansas, hereinafter referred to as `VBMU', and
Deffenbaugh Industries,a Kansas corporation,hereinafter referred to as `Deffenbaugh',
WITNESSETH:
WHEREAS, an Agreement was made and entered into by and between VBMU and Roll Off I
Services, Inc. on August 25, 2009,wherein Roll Off Services,Inc. was granted the exclusive right and
privilege to operate a residential solid waste collection and curbside recycling service to the City of Van
Buren,Arkansas,a copy of said Agreement being attached hereto as Exhibit'A',and
WHEREAS,on or about January 1,2011,ownership ofthe said Roll Off Services,Inc.was acquired H
by Deffenbaugh,and
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. WHEREAS,Deffenbaugh desires to assume the duties and responsibilities of Roll Off Services 1
pursuant to the terms and conditions set forth in the aforesaid Contract and VBMU desires to affirm its
acceptance of Deffenbaugh's assumption,the Parties
DO HEREBY AGREE:
(1)That Deffenbaugh shall assume the obligations of Roll Off Services,Inc.set forth in the afore- 1
described Agreement dated August 25,2009,as of January 1,2011. Deffenbaugh further acknowledges and s
affirms that it has reviewed the subject Contract and clearly understands all terms and provisions contained '
therein and represents to VBMU that it can and will fully comply with all of said terms and provisions as
therein set forth.
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(2)That VBMU hereby agrees that Deffenbaugh may assume the obligations and responsibilities of
Roll Off Services,Inc pursuant to said Agreement and that Deffenbaugh may be substituted as the named
Contractor within same. -
(3) That VBMU further agrees to comply with its obligations pursuant to said Agreement as to the
substituted Contractor,Deffenbaugh Industries,as it would have for Roll Off Services,Inc. 1
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(4)That the undersigned have been dulyauthorized by their Commissionand/or Corporationto enter
into this Assumption Agreement and Acceptance. I
WITNESS our hands this I% day of March,2011. j
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Van Buren Munici.: Util ties . Deffenbaugh I d+s i s
3,1 r--K-2 _,...
- - _ By: ! 3
C.E.Dougan,Cha' n Mindy :coke .
1/2
Van BurenM +.unic Utilities Commission General manager • 1
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EXHIBIT
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AGREEMENT 1
THIS AGREEMENT made and entered into as of this� '•:._:%day of f } P�-•f( 1 ,2009
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by and between the Van Buren Municipal Utilities Commission, i
and Roll Off Service,he,hereinafter referred to as Contractor:
WITNESSETH
In exchange of mutual covenants and agreements set forth herein,the parties agree as follows:
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1.a) Effective January 1,2010,the Commission hereby grants to Contractor the exclusive
right and privilege to operate a residential solid waste collection and curbside recycling service. I
pursuant to the provisions of this Agreement in the City of Van Buren,Arkansas more 5
particularly described and outlined on the attached map identified as Exhibit"A"to this 5
Agreement. In operation of such residential solid waste collection and curbside recycling I
service,Contractor shall have the right of going in,upon,along,across,above,or under the I I
streets,alleys,easements,public ways,and public places now laid out or dedicated and all r
extensions thereof and additions thereto within the described.area of the City as is necessary for g
the operation of said collection service;provided,the foregoing shall not grant to Contractor any
right to permanently install or locate any structure,appurtenance,or equipment within said
public highways. • '
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b) ' In the event that the City annexes to its territorial limits any territory physically adjacent
to the City and/or adds new subdivisions,Contractor shall,upon receiving thirty(30)days notice
from the Commission,provide residential solid waste collection and curbside recycling services
within the area designated in the notice.
2.a) The Agreement herein shall be for a period of six(6)calendar years from the effective I
date of this Agreement. K
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b) Without limiting any other remedy available,either party shall have the right to terminate 1
this Agreement upon any breach hereof. Further,the Commission shall have the right to , I
terminate thisreemenwith or withoutcause after the initial term of six(6)years and on each k 1
Agreement, f
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subsequent six(6)year anniversary date thereafter. If at the end of each six(6)year term,this
Agreement has not been terminated by either party giving to the other written notice of an 1
intention to so terminate this Agreement at least six(6)months prior to the end of such time,this g
Agreement shall continue in force for a further term of six(6)years,and so on until terminated I
by either party giving to the other written notice of an intention to so terminate the Agreement at j
least six(6)months prior to the end of such time. Upon termination of this Agreement,the N
residential solid waste and recycling collection program shall be published for bids from all solid f
waste disposal firms. 1
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3.a) Contractor agrees to operate,in compliance with all Federal,State,and Iocal regulations I
pertaining to solid waste collection,transportation,and disposal,during the term of this I
Agreement,a solid waste collection service in accordance with Ordinance No. 10-2009,or as
hereafter amended,and this Agreement for all Residential Units in the City or in such additional
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areas as designated by the Commission pursuant to paragraph 1.a)above. The term"residential s
unit"shall be defined presently by Van Buren Ordinance No. 10-2009,or as said provision may
hereinafter be amended. The service provided shall include,as a minimum,once-a-week
curbside collection of residential solid waste and other services as stated in this Agreement for _
all Residential Units in the City. 1
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b) Collection vehicles shall be specifically designed and approved for solid waste collection 1
and transportation with no leakage,spillage,blowing papers,or littering. Collection vehicles
must display on both sides and the rear,the name of the collection service and telephone
numbers in letters a minimum of five(5)inches tall. Collection vehicles should also contain a
mobile telephone of two-way radio communications system and any required safety equipment.
c) Contractor shall maintain all of its equipment in good working condition at all times.
Contractor shall have auxiliary ox rental equipment available to perform the terms and conditions
of this Agreement in the event of a breakdown.
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d) Residential solid waste collected within the City shall be disposed of at a site which is 1
properly approved and regulated. 1
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e) If the Contractor is utilizing an automated solid waste or recycling collection method,the
Contractor shall be responsible for any necessary trucks or equipment. In utilizing such a service 1
the Contractor shall also be responsible for providing,distributing and maintaining any"poly
carts"or other containers needed for this type of system.
4.a) Collection schedule(days)shall be approved by the Commission. Contractor shall notify 1
the Van Buren Municipal Utilities Office and the local newspaper in advance,with an alternate `
schedule when a holiday will alter the normal collection schedule. Also,Contractor shall notify
the Van Buren Municipal Utilities Office with an alternate schedule when adverse road l
conditions due to inclement weather alter the normal collection schedule. In the event the
Contractor should fall further than one(1)week behind in collection and disposal services I
hereunder,excepting delays caused by natural disasters,the Commission may,at its option,
make alternate arrangements for the collection and disposal of residential solid waste and shall
be entitled to charge any reasonable expense over and above the fees provided for herein to 1
Contractor. 1
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b) Collection of residential solid waste and curbside recycling shall be performed between N
the hours of 7:00 am and 6:00 pm. Contractor agrees to route solid waste collection in areas 1
around schools so that collection vehicles do not interfere with the morning and afternoon traffic 1.
on the main streets and roads around school areas. In the event that the Contractor misses
collection from any residential unit,upon notification of such missed collection,Contractor shall i
promptly respond and collect all residential waste from such unit as soon as possible,but not
later than twenty four(24)hours after notification.
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c) On each designated collection day Contractor will collect and properly dispose of
contents of all approved containers of residential solid waste,as defined by SECTION 2:n. of a
Ordinance No. 10-2009,the average amount of containers being up to six(6)per residential unit
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per week. In the event the Contractor has an issue with a residential unit exceeding the average 1
number of containers,the Van Buren Municipal Utilities Director,or his designated agent,will
assist in resolving the issue. g
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d) Emptied containers shall not be placed where they block driveways or sidewalks or I x'
interfere with vehicle and pedestrian use of the streets. Lids shall be placed back on or the inside 0
the containers.
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e) Any spillage during the collection process including,but not limited to;trash, i
recyclables,brush,and/or liquids from containers or trucks,shall be immediately removed by the
Contractor. 1
f) Physically challenged customers shall be provided service at a reasonable location on 1
their property at no additional cost. 1
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5.a) Contractor shall provide twice per month curbside recycling collection service on the
same day as solid waste collection. This service to residential customers will be based on 14
voluntary participation. Eighteen(18)gallon type recycling bins will be provided by the Van
Buren Municipal Utilities. The Contractor will deliver recycling bins and lids to residential
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customers as requested. The curbside recycling program shall include as a minimum,the w
collection of;
Newspapers,(including glossy ads),Magazines,Catalogs,Phone Books,Junk Mail, 1
White Paper, Steel Cans,Aluminum Cans,Plastic Soda Bottles,and Plastic Milk Jugs b
Items may be added to or deleted from the curbside recycling program by the Commission or the 1
Contractor as marketing becomes available or ceases to be available for said items,providing
that no extra costs are added to the customer.
b) Contractor shall provide a drop-off recycling facility,at no extra charge to the customer,
which will be open a minimum of one day during the regular working week and at least one half 1
day on Saturday. Three(3)roll off type containers will be provided by the Commission. Any
other containers required will be provided by Contractor at no extra charge to the customer.
Materials accepted at the drop-off center should include at least three(3)items listed above in
addition to oil and oil filters. In the event that the City executes an electronic waste collection i
and/or disposal program,Contractor shall provide a location at the designated drop-off facility 1
for City provided collection equipment, and shall collect,handle,and market specified electronic
waste at no additional costs to the City and/or customers.
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c) Contractor will be responsible for the marketing of recyclable materials collected through l 1
the City's residential recycling program and shall retain any revenue from such items,
d) The contractor shall coordinate with the Van Buren Municipal Utilities and take part in
designing and distributing any solid waste and/or recycling promotional and educational J
materials.
f) Contractor agrees to provide a drop—off facility and on call curbside collection of Bulk i 1
Items,as defined by SECTION 2:a. of Ordinance No. 10-2009, Contractor shall charge its own 1 i
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rates,bill,and collect from the customer for such services. Customers will contact the 1
Contractor to arrange for curbside collection of Bulk Items.Contractor shall provide the Van
Buren Municipal Utilities an annual price list for Bulk Items drop-off and collection.
g) The drop-off facility required by Paragraph 5.b)and I)above shall be properly permitted, I
structured,operated,and maintained as required by local,state,and/or federal regulations. 1
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6. Contractor shall provide quarterly reports to the Van Buren Municipal Utilities to I
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include:
I) Tons of residential solid waste collected in the City of Van Buren;
2) Number of curbside recycling stops per day;
3) Tons of each specific material collected through the curbside recycling program;
4) Tons of each specific material and total of gallons of used oil collected at the
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recycling drop off center;
5) List of addresses receiving recycle bins and number of recycle bins delivered;and I j
6) Complaint log t 5
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7. Contractor agrees to participate,up to two times per year,in city wide cleanup campaigns
at no extra charge,to include providing delivery,collection,and disposal of the contents of up to
four(4)rolloff type containers having minimum capacity of thirty(30)cubic yards each.
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8. The Van Buren Municipal Utilities Director,or his designated agent,shall have the right 1
to review the service being provided by Contractor and issue in writing to Contractor
requirements for the upgrading of such service.The failure of the Contractor to comply with any
such written requirement within seven(7)calendar days from the date of receipt of such notice 1
of requirements shall constitute a breach of this Agreement. 1
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9. In the event that the Commission and the City of Van Buren determine,or it is mandated 1 ;;
by a regulatory agency,that a volume based or Pay as You Throw(PAYT)type of residential z
solid waste collection system would be advantageous or necessary in the City of Van Buren,
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Contractor agrees to coordinate with the commission in designing and implementing such a
system and with a minimum of six(6)months notice,provide such service. In the event of a i
PAYT type of residential solid waste collection system being implemented,this Agreement may g
be amended.
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10. a) Contractor shall charge for the services rendered by the residential solid waste collection 1 3
system the rates established by the Van Buren City Ordinance No.15-2009 for residential 1
customers of its residential solid waste collection service,as such rates are now enacted or may
hereinafter be amended with said rates being effective January 1,2010, as part of its utility 4'
billing system. The Commission shall consider all active Residential Units within the City limits
to be receiving solid waste collection service from Contractor's system;however,upon request'
by the Contractor and the approval of the Van Buren Municipal Utilities Director or his 4
designated agent,a specific Residential Unit may be deleted from the service requirement upon a.
showing by Contractor of exceptional circumstances maldng it impractical to render service to
such unit.The Commission agrees to remit to Contractor on a monthly basis the contract charges I 1
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per Residential Unit,($10.92)Ten dollars and Ninety Two cents per month as set by Ordinance
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No. 15-2009,or as hereinafter amended,multiplied by the number of said units billed for the
previous month,with said payment being made not later than the 20th day of each month. If
Contractor provides solid waste collection services to persons other than those classified as i
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Residential Units,Contractor shall charge its own rates,bill,and collect for such services, 3
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b) At any time,after this Agreement has been in effect for a period of two(2)years but no 3
more often than twice(2 times)during the term of this Agreement,the Contractor may request i
the Commission consider an increase in the amount being paid to the Contractor for services '
provided. The Contractor will be required by the Commission to demonstrate the need for an
increase and support the request by providing its year end business operating statement for each 4
physical year since the inception date of the Agreement and any interim operating statements as' 3
may be requested by the Commission. The operating statements should be compiled by an i
accountant and presented in a form appropriate for the solid waste service industry. The
Contractor will provide explanation and other information,as the Commission may require,
necessary to the decision making process. The Commission may recommend a rate increase at
its sole discretion and nothing in this section is to be otherwise interpreted. z
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c) Contractor shall have the right to request a rate adjustment on the basis of new or revised
laws,ordinances,regulations,or disposal fees.The Commission shall have the right to ask for a
demonstration of the need for said rate adjustment.
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d) Any rate adjustment provision proposed pursuant to 10.b)or c)above shall be subject to
final approval by the Van Buren City Council. t
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11. a) Contractor shall indemnify and hold harmless the Commission,its officers,boards, 5
agents,and employees,against and from any and all claims demands,causes of actions, suits,
proceedings,damages(including but not limited to damages to City property),costs of liabilities
(including cost of liabilities of the Commission with respect to its employees),of every kind of
nature whatsoever,including but not limited to damages for injury or death or damage to
personal property,and regardless of the merit of any of the same,and against all liability of 5
others,and against any loss,cost and expense resulting or arising out of any of the same, 5
including any attorney's fees,accountant's fees,expert witness or consultant's fees,court cost,
per diem expenses,traveling and transportation expenses,or other costs and expenses arising out
of or pertaining to the exercise of the enjoyment of the agreement hereunder by Contractor,or i
the granting thereof by the Commission. 5
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b) Contractor shall at the sole risk and expense of the Contractor,upon demand by the y
Commission,by and through the Commission's Attorney,appear in and defend any and all suits,
actions or other legal proceedings,whether judicial,quasi-judicial,administrative,legislative,or
otherwise,brought or instituted or had by third persons or duly constituted authorities,against or
affecting the Commission,its officers,boards,agents or employees,and arising out of or
pertaining to the exercise of the enjoyment of this agreement or the granting thereof by the
commission. Contractor shall pay,satisfy and shall cause to be paid and satisfy any judgment
decree,order or demand rendered,made or issued against Contractor,the Commission,its
officers,boards,agents or employees in any of these premises;and such indemnity shall exist ;
and continue without preference to or limitation by the amount of any bond,policy of insurance, J
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deposit,undertaking or other insurance required hereunder, or otherwise.
c) The Contractor shall file,prior to the effective date of this Agreement,with the Van
Buren Municipal Utilities a certificate of insurance evidencing the existence of the following t
required insurance with a thirty(30)day Notice of Cancellation,and Contractor shall thereafter
during the entire term of this Agreement maintain in full force and effect at its own cost and ;
expense each of the following policies of insurance with the coverage limits shown below, The
Contractor shall name the Van Buren Municipal Utilities as an Additional Named Insured on
their Commercial General Liability and Commercial Automobile Insurance Policies. The
Contractor shall also provide the Van Buren Municipal Utilities with a Waiver of Subrogation in 4 •
regards to their Workers Compensation Policy.
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COMMERCIAL GENERAL LIABILITY x
General Aggregate $2,000,000
Products&Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
Damage to Rented Premises• $ 100,000
Medical Expense $ 5,000
COMMERCIAL AUTOMBILE LIABILITY i
Automobile Liability Limit $1,000,000 ,
Hired Auto Liability Limit $1,000,000
Non-Owned Auto Liability Limit $1,000,000 1
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WORKERS COMPENSATION
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Employers Liability Coverage Limits -
Bodily Injury by Accident $500,000 EACH ACCIDENT
Bodily Injury by Disease - $500,000 EACH EMPLOYEE 1
Bodily Injury by Disease $5000.000 EACH ACCIDENT
12. The Contractor shall comply with all applicable Laws and Regulations relating to the
safety of persons or property,or to the protection of persons or property from damage, injury or 1
loss;and shall erect and maintain all necessary safeguards for such safety and protection.
13.a) The Contractor shall require all employees to be courteous at all times,to perform duties
in a professional manner and not to use loud, offensive,or profane language. Employees shall
wear shirts while on duty in the scope of carrying out this Agreement. The Contactor's 1
employees shall not loiter on private property and shall not meddle or tamper with property i
which does not or should not concern them. Each employee assigned to drive a vehicle shall,at 11
Ii all times,carry a valid driver's license for the type of vehicle he or she is operating. The
Commission or their designated agent shall have the right to make a complaint regarding any
employee of the Contractor who is wanton,negligent,or discourteous in the performance of his a
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or her duties pertaining to this Agreement. Failure of the Contractor to take appropriate 1
corrective action could result in a breach of this Agreement.
b) The Contractor agrees that there shall be no discrimination against any employee, any
applicant for such employment,or any other person in carrying out this agreement because of I
race,religion,color,national origin,sex or age.
14.a) The Contractor shall at all times during the term of this Agreement be subject to all
lawful exercises of the police power of the City.
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b) In the event that anytime during the period of this Agreement the City shall lawfully elect
to alter or change in any manner,any street,alley,easement or other public way,so as to require
Contractor to alter its normal means of providing a residential solid waste collections service,
Contractor shall make such alterations and it is expressly understood that Contractor assumes no F
rights in existing ways which are not subject to the right of the City to so alter such ways.
15. Contractor shall cooperate with Commission in all reasonable manners with reference to
the carrying out and execution of the Commission's obligations to collect for residential solidli
waste collections services provided by Contractor.
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16. In no event shall Contractor accept from customers of its residential solid waste II
collection service system,or from any other person,payment of the gross charges for such
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services provided to Residential Units,but rather shall refer all such residential customers,and X
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other persons,to the Van Buren Municipal Utilities as the collection agent for such charges.
Provided,nothing in this subparagraph shall prevent Contractor from collecting from services l.,
supplied to persons other than residential customers as recognized in the last sentence of I.
paragraph 10. a)of this Agreement. 1
17. The rights and privileges granted to Contractor by this Agreement shall not be assigned
or transferred without the prior written approval of the Van Buren Municipal Utilities g
Commission.
18. Contractor shall provide an office in the City,which shall be open Monday through
Friday from 8:00 AM to 5:00 PM,with a telephone,which shall be answered during business
hours,and shall have the telephone number listed in the local telephone directories.
19. The Commission shall refer all service complaints to the Contractor. Contractor shall
maintain a written record or"log",listing the date of receipt of all customer complaints, -
identifying the customer and describing the nature of the complaint and when and what type of
action was taken by the Contractor in response thereto. Said records shall be kept at Contractor's 1
local office and shall be available for inspection during regular business hours,without further 1
notice or demand,by the Van Buren Municipal Utilities Director or his designated agent. 1
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IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on this
(- -,...7) Day of A lv)ti(C)s T,2009. 1 -
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By: I )i\. � �_n) tvii� v�i 1
PRINT j
SIGNATURE
i.. \ 1rp t '} •�,
Title: �-•�..�s 0,4-,IA !c_A— 5
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Chairman,Van :wren ., z 'pal Utilities Commission
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§ecietary ;
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