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1993 Wate Tire Recovery CONTRACT FOR WASTE CAR/TRUCK TIRE RECOVERY This Contract, made and entered into this 22nd day of February, 1993, 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. r• (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 one year 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�O�F�SALINA, KANSAS a (SEAL) Carol E. Beggs, Mayor ATTEST: - - _ 1�� � 1 JaZ2line Shiever, City Clerk RESOURCE MANAGEMENT CO. , INC. President ineteca__ThiCiAlec A®4DIRODe CERTIFICATE OF INSURANCE ISSUE DATE(MMIDDIYY) 11 03/03/_92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, RAYMOND BAUER AGENCY INC EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PO BOX 85 COMPANIES AFFORDING COVERAGE BURDETT KS 67523 COMPANY LETTER A TRINITY UNIV INS CO_OF KS COMPANY INSURED LETTER B WC ASSIGNED RISK COMPANY MARVIN L SEKAVEC LETTER C • SEKAVEC CONSTRUCTION COMPANY PO BOX 217 LETTER D BAZINE KS 67516 COMPANY LETTER E COVERAGES _ _ _ - . - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I CO POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER ALL LIMITS IN THOUSANDS LTR a DATE(MMJDDIYY) I DATE(MMIDDIYY) e+Y A GENERAL LIABILITY VI —T N GLA 7493479 01/01/92 01/01/93 GENERAL AGGREGATE S 500_ X COMMERCIAL GENERAL LIABILITY. PRODUCTS-COMPIOPS AGGREGATE 5 500 I CLAIMS MADE I OCCUR: - PERSONAL&ADVERTISING INJURY 5 500_ D •• OWNER'S 5 CONTRACTOR'S PROT. EACH OCCURRENCE 5 500_ a. . N: FIRE DAMAGE(Any one tire) 5 50_ P ' N MEDICAL EXPENSE(Any one person) S 5_ AUTOMOBILE LIABILITY Li: • Q I COMBINED ANY AUTO m _ LIMIT LE 5 — ALL OWNED AUTOS C'S BODILY 5 IV SCHEDULED AUTO in (Per person) HIRED AUTOS BODILY INJURY 5 —NON-OWNED AUTOS (Per accident) 7 GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE 5 5 OTHER THAN UMBRELLA FORM • ' B CK( 92 H543769 01/01/92101/01/93 STATUTORY I WORKER'S COMPENSATION $ 100 (EACH ACCIDENT) AND $ 5500 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY _ $ 1 00 (DISEASE—EACH EMPLOYEE) OTHER 00000 00/00/00 00/00/00 00000 DESCRIPTION OF OPERATION SILOCATIONSIVEHICLESISPECIAL ITEMS CONSTRUCTION -- RESOURSE MANAGEMENT IS AN ADDITIONAL INSURED . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SALINA MAIL S O0� DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BtH FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR PO BOX 736 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. SALINA KS 67402 AUTHORIZED REPRESENTATIVE ACORD 25-S (11/89) PA CQACORD CORPORATION 1989