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HomeMy WebLinkAbout17090 1 RESOLUTION NO. 17,090 2 3 A RESOLUTION TO AUTHORIZE THE MAYOR TO ENTER INTO AN 4 AGREEMENT WITH THE MORROW ENERGY/ENBRIDGE HOLDINGS, 5 LLC (TOMORROW RNG)JOINT VENTURE THROUGH LITTLE ROCK 6 RENEWABLES,LLC;TO PLAN,DESIGN,DEVELOP AND MAINTAIN A 7 LANDFILL GAS - TO - ENERGY SYSTEM AT THE CITY-OWNED 8 LANDFILL; TO AND PROVIDE SERVICES TO PRODUCE AND SELL 9 RENEWABLE NATURAL GAS ("RNG"); AND FOR OTHER PURPOSES. 10 11 WHEREAS,the City owns and operates a solid waste management facility("Landfill")and desires 12 to collect and sell methane gas from the Landfill("Landfill Gas"); and, 13 WHEREAS,the City issued a Request for Proposals (RFP), Bid Event Number 3005 on January 14 23, 2025, SEVEN (7) submissions were received, and it was determined that the joint-venture proposal 15 from Morrow Energy and Enbridge Holdings, LLC (Tomorrow RNG) was the most highly qualified to 16 provide the services required; and, 17 WHEREAS, Tomorrow RNG has formed a Limited Liability Company("LLC")named LITTLE 18 ROCK RENEWABLES, LLC for the purposes of this agreement; and, 19 WHEREAS, the City desires to enter into an agreement with LITTLE ROCK RENEWABLES, 20 LLC for the planning, designing, developing and maintaining a facility to convert Landfill Gas produced 21 by the City's Landfill into RNG; and, 22 WHEREAS, LRR, LLC will be responsible for the operation and maintenance of both the newly 23 constructed facility and the existing City-owned Gas Collection and Control System("GCCS")and blower- 24 flare facility; and, 25 WHEREAS, LRR,LLC will be responsible for the marketing, sale, and distribution of high-BTU 26 RNG, Renewable Identification Numbers ("RINs"), and carbon dioxide or other environmental offsets, 27 which will result in Project Benefits; and, 28 WHEREAS, the City will receive royalties from these Project Benefits from LRR, LLC on a 29 monthly basis;and, 30 WHEREAS, the term of this Agreement between the City and LRR, LLC shall be twenty (20) 31 years from the date of contract execution, with the option to extend the Agreement and Lease for two(2) 32 successive five(5)year terms. [Page 1 of 2] 1 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 2 OF LITTLE ROCK,ARKANSAS: 3 Section 1. The Mayor is authorized to enter into an Agreement with the Morrow Energy/Enbridge 4 Holdings(Tomorrow RNG),LLC joint venture through LRR,LLC,to plan,design, develop and maintain 5 a Landfill Gas system,which will result in Project Benefits. 6 Section 2.After installation of the Landfill Gas system,LRR,LLC agrees to operate and maintain said 7 Landfill Gas system at the City's Landfill and provide the services necessary to monitor, measure and 8 achieve the identified Project Benefits. 9 Section 3. The Initial Term of this Agreement shall begin on the date of execution of the Agreement 10 by both parties and shall continue for twenty(20)years thereafter. Following the Initial Term,the contract 11 may be extended automatically for two(2)additional terms of five(5)years if the contractual requirements 12 are met or by a signed written agreement by both parties.Any additional extensions require a signed written 13 agreement by both parties, 14 Section 4. Severabiliry. In the event any portion of this Resolution is declared or adjudged to be 15 invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this 16 Resolution,which shall remain in full force and effect as if the portion so declared or adjudged invalid or 17 unconstitutional was not originally a part of this Resolution. 18 Section 5. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with 19 any provision of this ordinance are hereby repealed to the extent of such conflict. 20 ADOPTED: July 7,2026 21 ATTEST: APPROVED: 22 23 AditA l� jell 24 Allison Segars,City k Frank Scott,Jr., 25 APPROVED AS TO LEGAL FORM: 26 27 11 28 29 Thomas M.Carpenter,City Attorney 30 // 31 // 32 // 33 // 34 // [Page 2 of 2]