Tire Removal
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CONTRACT FOR WASTE CAR/TRUCK TIRE RECOVERY
This Contract, made and entered into this day of
, 1990, by and between the CITY OF SALINA, KANSAS
(the "City), and SUNFLOWER SANITATION SERVICE, INC./JOSEPH ENGRAVALLE
SERVICE ("Sunflower Sanitation/Joseph Engravalle").
Recitals
A. New Section 4 of 1990 Senate Bill No. 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. Sunflower Sanitation/Joseph Engravalle
desires to engage in waste car/truck tire recovery at the Salina Landfill and
expressly agrees as follows:
(a). Sunflower Sanitation/ Joseph Engravalle will furnish a 40 cubic
yard open top container to be placed at a location on the landfill
designated by the City.
(b). Upon request by the City, Sunflower Sanitation/Joseph Engravalle
agrees to remove the container when full and replace it with another
during the hours the landfill is open to the public, or as otherwise
directed by the City.
(c) . The City shall once each month pay to Sunflower
Sanitation/Joseph Engravalle the sum of $1 per car/truck tire up to
size 1100 x 24.5 placed in the 40 cubic yard open top container and
removed by Sunflower Sanitation/ Joseph Engravalle.
(d) . The City shall once each month pay to Sunflower
Sanitation/ Joseph Engravalle the sum of $5 per equipment tire placed in
the 40 cubic yard open top container and removed by Sunflower
Sanitation/ Joseph Engravalle.
(e). Sunflower Sanitation/ Joseph Engravalle shall not interfere at any
time with operation of the City's landfill.
(2). Effective Date. This contract shall be effective ten (10) days after
the date it shall have been duly executed by both parties.
(3). Independent Contractor. Sunflower Sanitation/Joseph Engravalle is
an independent contractor in its performance of waste car / truck tire recovery at
the Salina Landfill. As an independent contractor, Sunflower Sanitation/Joseph
Engravalle.
(a) . Shall provide all labor and equipment necessary for the scrap
car/truck 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 Sunflower
Sanitation I Joseph Engravalle an area of sufficient size for the location of its
car / truck tire container. The City shall deposit waste car I truck tires delivered
to the landfill in Sunflower Sanitation/ Joseph Engravalle waste car / truck tire
container.
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(5) . Insurance Coverages. Sunflower Sanitation I Joseph Engravalle 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.
Sunflower Sanitation I Joseph Engravalle 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. Sunflower Sanitation I Joseph Engravalle covenants
that it shall remove, store and/or process waste tires recovered pursuant to this
Contract in compliance with applicable law.
(7) . Indemnification. Sunflower Sanitation I Joseph Engravalle shall
indemnify and hold the City harmless from and for any damages that may be
sustained by any person resulting from its car I 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 thirty (30)
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
By
Robert E. Frank~Mayor
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ATTEST:
Jacqueline Shiever, City Clerk
SUNFLOWER SANITATION SERVICE, INC.
By