1994 Wate Tire Recovery CONTRACT FOR WASTE CAR/TRUCK TIRE RECOVERY
This Contract, made and entered into this 24th day of February,
1994, 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 up to
16.00 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 16.00 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
(SEAL) Dennis M. Kissinsger, Cay Manager
ATTEST:
Stephanie Krug, City erk
RESOURCE MANAGEMENT CO. , INC.
GPresident
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