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Scrap Metal Removal .- '" CONTRACT FOR SCRAP METAL RECOVERY This Contract, made and entered into this ~o -1-"- Ai-Lf!1A.-5 -?'- , 1988, by and between the CITY OF SALINA, , (the "Cityll), and SUNFLOWER SANITATION SERVICES, INC. day of KANSAS In consideration of the promises, covenants, and agreements made by the parties, the parties hereto agree as follows: (1) . Scrap Metal Recovery. Sunflower Sanitation desires to engage in scrap metal recovery at the Salina Landfill and expressly agrees as follows: (a). Sunflower Sanitation 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 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) . Sunflower Sanitation shall once each month pay to the City the sum of $36.00 per ton (2,000 Ibs.) for the scrap metal deposited in Sunflower Sanitation's container with payment based on weight slips to be given after material is processed, minus debris. The rate or payment per ton shall be adjusted quarterly (calendar quarters) based upon the prevailing market for the metal salvage. (d). Verification of weights shall be provided through weight records from a public sca Ie located in Saline County, or such other method acceptable to the City of Salina. (e). Sunflower Sanitation 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 is an independent contractor in its performance of scrap metal recovery at the Salina Landfill. As an independent contractor Sunflower Sanitation: (a). Shall provide all labor and equipment necessary for the scrap metal 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 scrap metal recovery. (4). City's Responsibility. The City shall provide for Sunflower Sanitation an area of sufficient size for the location of its scrap metal container. The City shall deposit scrap metals delivered to the landfill in Sunflower Sanitation's scrap metal container. (5). Insurance Coverages. Sunflower Sanitation 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 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). Indemnification. Sunflower Sanitation shall indemnify and hold the City harmless from and for any damages that may be sustained by any person resulting from its metal salvage operations. i ,. .. , (7). Term of Agreement. This contract shall be for a term of one year and shall renew from year to year unless terminated by either party at any time during its term by giving thirty (30) days written notice to the other party. (8) . Binding Effect. This agreement shall be binding upon and shall inure to the benefit of the parties hereto, thei r successors and assigns. CITY OF SALINA, KANSAS By anager ATTEST: ~ /~<,-p . ~ert .{. es, ~~f ~ SUNFLOWER SANITATION SERVICES By ~--\~. ~~