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HomeMy WebLinkAbout21635 1 ORDINANCE NO.21,635 2 3 AN ORDINANCE TO MODIFY THE EXISTING CONTRACT WITH 4 WASTE MANAGEMENT OF ARKANSAS TO PROVIDE CURBSIDE 5 RECYCLING SERVICES WITHIN THE CORPORATE LIMITS OF THE 6 CITY OF LITTLE ROCK, ARKANSAS; TO DECLARE IT 7 IMPRACTICAL AND UNFEASIBLE TO BID FOR AN ADDITIONAL 8 TWO (2) YEARS ON THE CONTRACT; TO AUTHORIZE ENTRY INTO 9 A CONTRACT WITH WASTE MANAGEMENT OF ARKANSAS TO 10 PROVIDE CURBSIDE RECYCLING FOR SOLID WASTE CUSTOMERS 11 UNTIL MARCH 31, 2021; TO DECLARE AN EMERGENCY; AND FOR 12 OTHER PURPOSES. 13 14 WHEREAS, pursuant to LittleRo Rock,Ark., Resolution No. 8,666(March 3, 1992),the City of Little 15 Rock, Arkansas ("the City"), stated its intent to become a part of the Pulaski County Regional Solid 16 Waste Management District("PCRSWMD");and, 17 WHEREAS, pursuant to Little Rock, Ark., Resolution No. 9341 (March 7, 1995), the City and the 18 PCRSWMD entered into a Curbside Recycling Agreement with Waste Management of Arkansas("Waste 19 Management"); and, 20 WHEREAS,pursuant to Little Rock, Ark., Resolution No. 11,497 (April 15, 2003), the City agreed 21 with the PCRSWMDtoextend xt end t h e Recycling Agreement with Waste Management to provide Residential 22 Curbside Recycling Services; and, 23 WHEREAS, pursuant to Little Rock, Ark., Resolution No. 13,124 (May 4, 2010), this Recycling 24 Agreement with Waste Management was extended; and, 25 WHEREAS, pursuant to Little Rock, Ark., Resolution No. 13,512 (June 5, 2012), this Recycling 26 Agreement was extended again for a period of seven(7)years until April 1,2019; and 27 WHEREAS, since this renewal there have been major international changes as to what constitutes 28 acceptable recycling material, and these changes have led to a significant crash in the market for such 29 materials, but more to the point, has led to a redefmition of contaminated recycling materials that has 30 rendered the current agreement economically impractical for Waste Management to fulfill; and, 31 WHEREAS, after careful consideration and negotiation between the PCRSWMD and Waste 32 Management, it has been determined that with modifications to the existing contract between now and 33 April 1,2019,and an extension of this contract,then curbside recycling can continue;and, [Page 1 of 3] 1 WHEREAS,the parties mutually desire to extend contract and maintain service thru March 31,2021; 2 and, 3 WHEREAS, under these unforeseen emergency circumstances it is impractical and unfeasible to 4 submit this agreement to formal competitive bids. 5 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 6 OF LITTLE ROCK,ARKANSAS: 7 Section 1. It is impractical and unfeasible to submit a contract for Curbside Recycling Services to a 8 formal competitive selection process in conjunction with the PCRSWMD. 9 Section 2. The Board of Directors authorizes the City Manager to enter into an extension of the 10 existing Curbside Recycling Contract thru March 31, 2021, with Waste Management to provide Curbside 11 Recycling for approximately 59,000 solid waste customers,at a cost of: 12 (a) $4.14 per month per residential customer for April 1,2019,through March 31, 2020; and, 13 (b) $4.29 per month per residential customer for April 1,2020,through March 21, 2021. 14 Section 3. Funding for the project is allocated in the Solid Waste Collections Contracts Account No. 15 603110-63390. 16 Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 17 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 18 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 19 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 20 resolution. 21 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 22 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency including, 23 but not limited to,Little Rock,Ark.,Resolution No. 13,512 (June 5, 2012). 24 Section 6. Emergency Clause. The ability to maintain a viable Curbside Recycling Program for the 25 approximately 59,000 City Solid Waste Customers, particularly under the unforeseen and trying 26 international market for recyclable products, is essential to the public health, safety and welfare; an 27 emergency is, therefore, declared to exist and this ordinance shall be in full force and effect from and 28 after the date of its passage. 29 ADOPTED: October 1,2018 30 AT APPROVED 31 / 32 Mak.' d 33 311111° • � ._City Clerk Mark Stodola,Mayor 34 [Page 2 of 3] 1 APPROVED AS TO LEGAL FORM: 2 /` ,, �f 3 4 Thomas M. Carpenter,City Atto l'y 5 // . 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // [Page 3 of 3]