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Yard Waste Contract 2001 , YARD WASTE DISPOSAL AGREEMENT This Yard Waste Disposal Agreement is entered into this 17th day of September, 2001 by and between the CITY OF SALINA, KANSAS (the "City") and RODGER C. SCHNEIDER, C-ME, INC. dba KANZA Organics ("KANZA"). Recitals A. The City wishes to make arrangements for the disposal of grass, leaves, shrub trimmings, garden waste and small limbs collected from its residential customers and generated by normal maintenance of city property by city crews (collectively referred to for purposes of this agreement as "Yard Waste"). B. KANZA operates a compost and yard waste recycling center, 600 South Lightville Road, and wishes to provide a location for disposal of such Yard Waste pursuant to the terms of this Agreement. THE PARTIES therefore covenant and agree: 1. Designation. KANZA agrees to serve as the primary location for disposal of Yard Waste. The City reserves the right to dispose of Yard Waste through alternate methods when it determines the alternate method to be in the public interest. 2. Fee. The monthly fee paid by the City to KANZA for all yard waste, regardless of volume, delivered by the City to the KANZA site in any given month, shall be $5,500, effective October 1, 2001. ) ./ 3. Change in Fee. Increases in the monthly fee rate shall be considered in the following manner: (a) KANZA may propose an increase in monthly fees for services under this contract by giving the City notice in writing no later than September 1 of any year, for an increase to be effective beginning the following January 1, if the proposed fee increase is not more than 5%. The City shall act on this request for a contract fee increase within 30 days of receipt of the request. (b) KANZA may propose an increase in monthly fees for services under this contract in an amount greater than 5% only by providing notice in writing to the City no later than June 1, for an increase to be effective the following January 1. The City will consider this request for a contract fee increase during its budget process, with a decision no later than September 1. 4. Delivery. The City agrees to deliver the Yard Waste to the KANZA Composting Yard Waste Recycle Center in city vehicles (primarily packer trucks) from Monday through Friday during the hours of 8:00 a.m. to 5:00 p.m_, unless the City has made prior arrangements with KANZA for delivery at another time. The Yard Waste will be loose and unbagged. The City will make a reasonable effort to ensure the Yard Waste is not mixed with large limbs, heavy brush or other material. r~ -.,. .. .- 5. Compost. KANZA agrees to provide the City with unscreened compost at no charge. The charge to the City for screened compost will be KANZA'S regular rate as charged to the general public. 6. Billing. KANZA agrees to bill the City of Salina Sanitation Division on a monthly basis. KANZA also agrees to keep records of the City vehicle number, date and time any load of Yard Waste is delivered in a city vehicle. The City's billing address is: City of Salina Sanitation Division P.O. Box 736 Salina, KS 67402-0736 7. Contact Persons. The City's primary contact for operational questions will be Jim Hill, Sanitation Superintendent. KANZA's primary contact will be Clare Howard, Manager. 8. Term. This Agreement shall commence October 1,2001, and shall remain in effect until canceled by either party upon ninety (90) days prior written notice to the other party, unless such notice requirement is mutually waived. ) 9. Bindinq Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their heirs, beneficiaries, personal representatives, successors and assigns. EXECUTED by the duly authorized officials of the respective parties hereto the day and year written above. CITY OF SALINA, KANSAS AnEST:~~~ Lieu Ann Nicola, City Clerk KANZA Organics Recycling Center - -) /7 //# /J ,~~U~ /Rodger Schneider