Waste Removal Agreement WASTE REMOVAL AGREEMENT
THIS AGREEMENT, by and between Salina Iron&Metal Company(hereinafter referred to as
Contractor and i•--, R J- S - j LrJ t-w- .P1 hi (hereinafter referred to as Customer).
WHEREAS,the Contractor owns and operates a company that is in the business of hauling
commercial trash in Saline County;
WHEREAS,the Customer desires to have their commercial trash hauled by the Contractor;
WHEREFORE, in consideration of the following the parties agree accordingly:
TERM
The term of this Agreement shall be for a term of 1 years from the date of this Agreement
and this shall be deemed the primary term of the Agreement; after the expiration of this primary
term this Agreement shall continue from year to year without further action by the parties,
however after the primary term of this Agreement the Customer of Contractor can terminate this
Agreement upon thirty(30)days written notice by either party.
MAINTENANCE OF EQUIPMENT AND PROPERTY
Contractor at its cost shall maintain the use of its equipment at its expense and shall help maintain
the premises surrounding the container that is placed on Customer's property. Said condition of
the work area shall remain in compliance with all laws, and authority governing the Customer's
property.
INDEMNITY - Refer to Exhibit "A"
DISPUTE RESOLUTION - Refer to Exhibit "A"
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SERVICES
During the term of this Agreement and the time the premises of the Customer are occupied by the
Contractor,the Contractor shall maintain and furnish all equipment necessary to the completion
of his contracted work and shall maintain insurance coverage that will cover any losses. In
addition, Contractor shall also carry worker's compensation insurance for any and all employees
of Contractor.
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NON-APPROPRIATION - Refer to Exhibit "A"
PAYMENT
The Customer shall pay to the Contractor$ (5l • per month, for I it container
I)4 ,per week of Customer's commercial waste. Payment shall be due within 10 days
after receipt of invoice from Contractor. Said pickups shall be on rt.ttirs , al
unless otherwise agreed upon by the parties. Customer may have their commercial trash picked
up additional times upon notice to the Contractor. The extra pick up price will be '75-.1/41'.
Additionally, price changes may occur due to the increase in landfill charges by Saline County,
Contractor shall notify Customer of any such changes in price at least thirty(30)days in advance
of the said changes. Otherwise,the quoted price will remain firm for as long as the above
agreed upon term. The Customer at its discretion may change the size of their container and
frequency of disposing their waste and Contractor shall indicate the rates applicable to such
changes. Said changes shall not change the validity of the remaining terms of this Agreement.
Service shall begin on $ I I 4
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DEFAULT
In the event of the violation by the Customer of any of the terms,agreements,and conditions of
this Agreement,which violation continues for a period of thirty(30)days following written
notice thereof from the Contractor,this Agreement shall be at the option of the Contractor to
become null and void.
HAZARDOUS SUBSTANCES AND WASTES
Customer shall comply with all federal, state and local environmental laws and regulations in its
use of the Contractor's equipment, including the Resource Conservation and Recovery Act,as
amended(RCA), and Comprehensive Environmental,Response Compensation and Liability Act,
as amended(CIRCLA). Customer shall not store or dispose of hazardous waste in Contractor's
containers as defined in RCA. In addition, Customer shall assume all responsibility for and shall
indemnify and defend Contractor against all costs and claims associated with the aforementioned
disposal of any such waste from Customer's premises.
ENTIRE AGREEMENT
The terms and provisions herein contained constitute the entire Agreement between the parties
and supersede all previous communications,representations, or agreements, either verbal or
written between the parties hereto with respect to the subject matter hereof. There shall be no
amendment or modification of this Agreement except in writing executed in the same manner.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year.
CONTRACTOR A DATE ( -/
CUSTOMER >1 DATE sf- 4' , o/lv
BILLING NAME C t 4 y S et A \ v I ti-td-
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CONTACT Poti 5kt,.„A PHONE e2- .-73 0 c-
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EXHIBIT "A"
WASTE REMOVAL AGREEMENT
INDEMNIFICATION. To the fullest extent permitted by law, the Contractor shall defend,
indemnify and hold harmless the City, its agents, representatives, officers, officials and
employees from and against all claims, damages, losses and expenses (including but not
limited to attorney fees and court costs) attributable to bodily injury, sickness, disease,
death, or injury to, impairment, or destruction of property, including loss of use resulting
therefrom, to the extent that such claims, damages, losses, and expenses relate to, arise out
of, or are alleged to have resulted from the wrongful acts, errors, mistakes, omissions, or
defective work or services of the Contractor, its employees, agents, or any tier of
subcontractors in the performance of this Contract.
CONFLICT RESOLUTION. No interpretation of this Contract shall be allowed to find the City
has agreed to binding arbitration.
NON-APPROPRIATION. The City is subject to Kansas budget and cash basis laws, and
operates on a calendar fiscal year. In the event that this Contract involves financial
obligations spanning multiple fiscal years for the City, it is subject to annual appropriation
by the City's governing body for future fiscal years. If the City's governing body does not
appropriate the funds necessary to fulfill the City's financial obligations pursuant to this
Contract, the City shall so notify the other parties to this Contract and this Contract shall be
null and void for purposes of the fiscal year(s) affected by the decision of the governing
body not to appropriate.