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Waste Tire Recovery CONTRACT FOR WASTE CAR/TRUCK TI RE RECOVERY This Contract, made and entered into this 19th day of November, 1990, by and between the CITY OF SALINA, KANSAS (lithe "Cityll), and GRANDVIEW AUTOMOTIVE of JUNCTION CITY, KANSAS. Recitals A. New 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. I n 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. I n consideration of the promises, covenants and agreements made by the parties, the parties hereto agree as follows: (1) . Car/Truck Tire Recovery. Grandview Automotive desires to engage in waste car/truck tire recovery at the Salina Landfill and expressly ag rees as follows: (a). Upon request by the City, when approximately 500 tires are stored on the ground at the Salina Landfill, Grandview Automotive 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 Grandview Automotive the sum of $0.90 per passenger car tire up to 16 inch removed by Grandview Automotive. (c). The City shall, as billed, pay to Grandview Automotive the sum of $2.00 per truck tire up to 11-24.5 removed by Grandview Automotive. (d). The City shall, as billed, pay to Grandview Automotive the sum of $5.00 per equipment tire removed by Grandview Automotive. (e). Grandview Automotive 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). I ndependent contractor. G randview Automotive is an independent contractor in its performance of waste car/truck tire recovery at the Salina Landfill. As an independent contractor, Grandview Automotive: (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 Grandview Automotive 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). I nsurance coverages. Grandview Automotive 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. Grandview Automotive 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). Ap'Tlicable law. Grandview Automotive covenants that it shall remove, store and or process waste tires recovered pursuant to this Contract in compliance with applicable law. (7). Indemnification. Grandview Automotive 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 or 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). Bindin1 effect. This agreement shall be binding upon and shall inure to the benefit 0 the parties hereto, their successors and assigns. [SEAL] ATTEST: j~w-~ ~~UJUJ Jacqueline Shiever, City CITY ~/KANSAS BY ~c::- ~y // Robert E. Frank, t.!ay~ Clerk ~ AN P esident