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1992 AddendumADDENDUM TO WASTE TIRE RECOVERY CONTRACT This Addendum, made and entered into this 24th day of August, 1992, by and between the CITY OF SALINA, KANSAS and RESOURCE MANAGEMENT CO., INC. of Bazine, Kansas. WHEREAS, the City and Resource Management Co., Inc. entered into a certain contract dated February 24, 1992 (the "Contract"), covering the removal of waste tires from the City's Landfill. NOW, THEREFORE, the parties mutually agree: I. Term of Contract. The contract dated February 24, 1992 by and between the parties is hereby extended for an additional six (6) months commencing on August 24, 1992. II. Other Terms. All other terms, conditions and covenants contained in the contract dated February 24, 1992 are hereby notified and affirmed by the parties. IN WITNESS WHEREOF, the City has caused this addendum to be signed by its proper officers and Resource Management Co., Inc. have set their hands hereunto. ATTEST: 't& ' SIS..... Jacquel a Shiever, City Clerk CITY OF SAJLIINN/A, KANSAS Carol E. Beggs, Ngy& RESOURCE MANAGEMENT CO., INC. QI Til CONTRACT FOR WASTE CAR/TRUCK TIRE RECOVERY This Contract, made and entered into this 24th day of February, 1992, by and between the CITY OF SALINA, KANSAS ("the City"), and RESOURCE MANAGEMENT CO., INC. of BAZINE, KANSAS. Recitals A. Section 4 of 1990 Senate Bill Number 310 provides that the Secretary of Health and Environment shall encourage the voluntary establishment of waste tire collection facilities at solid waste disposal facilities. B. In accordance with such legislative direction, the City wishes to establish a waste tire collection center in conjunction with the Salina Landfill and to provide for the lawful collection and removal of waste tires. In consideration of the promises, covenants and agreements made by the parties, the parties hereto agree as follows: (1). Car/Truck Tire Recovery. Resource Management Co., Inc. desires to engage in waste car/truck tire recovery at the Salina Landfill and expressly agrees as follows: (a). Upon request by the City, when approximately 1,000 tires are stored on the ground at the Salina Landfill, Resource Management Co., Inc. agrees to load and remove the tires during the hours the landfill is open to the public, or as otherwise directed by the City. (b). The City shall, as billed, pay to Resource Management Co., Inc. the sum .of $.85 per passenger car tire removed by Resource Management, Co., Inc. (c). The City shall, as billed, pay to Resource Management Co., Inc. the sum of $2.75 per truck tire up to 11-24.5 removed by Resource Management Co., Inc. (d) The City shall, as billed, pay to Resource Management Co., Inc. the sum of $9.00 per equipment tire removed by Resource Management, Co., Inc. (e). Resource Management Co., Inc. shall not interfere at any time with operation of the City's landfill. (2). Effective date. This contract shall be effective five (5) days after the date it shall have been duly executed by both parties. (3). Independent contractor. Resource Management Co., Inc. is an independent contractor in its performance of waste car/truck tire recovery at the Salina Landfill. As an independent contractor, Resource Management Co., Inc.: (a). Shall provide all labor and equipment necessary for the scrap car/truck and equipment tire recovery; and (b). Shall be responsible for worker's compensation coverage for its employees and all insurance coverages on any of the equipment it uses in conducting the waste car/truck tire recovery. (4). City's responsibility. The City shall provide Resource Management Co., Inc. access to an area of sufficient size for the location for the stored tires. The City shall deposit waste car/truck tires delivered to the landfill on the ground in the designated area. (5). Insurance coverages. Resource Management Co., Inc. shall maintain a policy of public liability insurance issued by an insurance company approved by the City's Director of Risk Management, with limits of not less than the maximum liability for claims which could be asserted against the City under the Kansas Tort Claims Act, as amended. Any cancellation of the policy or any endorsement thereon shall not be effective until the expiration of thirty days after such notice of cancellation shall have been delivered to the City Clerk. Resource Management Co., Inc. shall provide the City with a copy of such policy including any exclusions or endorsements, and shall promptly provide the City with a copy of any subsequent amendments or modifications. (6). Applicable law. Resource Management Co., Inc. covenants that it shall remove, store and/or process waste tires recovered pursuant to this Contract in compliance with applicable law. (7). Indemnification. Resource Management Co., Inc. shall indemnify and hold the City harmless from and for any damages that may be sustained by any person resulting from its car/truck tire salvage operations, including but not limited to liability for disposal in accordance with state and federal law and regulations. (8). Term of agreement. This contract shall be for a term of six months unless terminated by either party at any time during its term by giving sixty (60) days written notice to the other party. (9). Binding effect. This agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. CITY OF SALINA, KANSAS - 4Gj- (SEAL) Stephen C. Ran, Mayor ATTEST:" Jacqueline Shiever, City Clerk RESOURCE MANAGEMENT CO., INC. 04'-t President RESOLUTION NUMBER 92-4505 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN ADDENDUM TO WASTE TIRE RECOVERY CONTRACT WITH RESOURCE MANAGEMENT CO., INC. FOR THE REMOVAL OF WASTE TIRES FROM THE CITY'S LANDFILL, EXTENDING THE CONTRACT DATED FEBRUARY 24, 1992 FOR AN ADDITIONAL SIX MONTHS COMMENCING AUGUST 24, 1992. WHEREAS, the City of Salina and Resource Management Company, Inc. entered into a certain contract dated February 24, 1992 (the "Contract"), covering the removal of waste tires from the City's Landfill; and WHEREAS. it is in the interest of the City of Salina to extend that certain contract for an additional six (6) month period commencing August 24, 1992; SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. rhat the Mayor is hereby authorized to execute. and the City Clerk to attest, an addendum to that certain waste tire recovery contract with Resource Management Company, Inc., dated February 24, 1992 for an additional six (6) month period commencing August 24, 1992. Adopted by the Board of Commissioners and signed by the Mayor this 24th day of August, 1992. Carol E. Beggs, Mayor (SEAL) ATTEST: .Jacqueline Shiever, CMC City Clerk AQE DA SECTION: NO: g ITEM NO. 11 Item: CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE August 24, 1992 Administration JORIGINATING DEPARTMENT: General Services : Frank R. Weinhold TIME 4:00 P.m. APPROVED, FOR AGENDA: BY: A resolution authorizing an addendum to the Waste Tire Recovery Contract for a time extension. Background: Kansas Senate Bill Number MO of 1990 bans the burial of waste tires in landfills. Several changes in the 'waste tire laws have occurred since 1990. Currently the State allows monofilling of waste tires provided the tire is cut at least once. The State has also; become much more strict on who is qualified to become licensed to collect and dispose of waste tires. At this time, those licensed are few in number and the State indicates those licensed, changes almost daily. At the present, there are two firms who have bid with Salina and two firms in Eastern Kansas that have not. The City's Solid Waste Division presently has °a waste tire recovery contract with the Resource Management Company of Bazine, Ks., who is licensed. The Solid Waste,Division is satisfied with the present service and contract. Recommendation: li With only four businesses available at this time to provide bids, :it appears a sensible choice would be to extend the existing Waste Tire Recovery contract for another six months. COMMISSiON ACT iOiJ MOTION BY SECOND BY TO: