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Home My WebLink About13-74 RESOLUTIONRESOLUTION NO.' /3=W BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and they hereby are authorized and directed to execute a Contract with C & L Land Company, Inc., and Ralph Goff, a -partnership, pursuant to which the City of Fayetteville will dispose of its solid wastes at the sanitary land fill operated by said partnership. A copy of said Contract, marked exhibit "a", is attached hereto and made a part hereof,. flarit PASSED AND APPROVED THIS .�' DAY OF W2t,ze,(J 1974: I, Jj r I 4 I ! !'i ATTEST:. CO:dr i 11 j fi APPROVED: t +1 1 R lee CONTRACT BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND C & L LAND COMPANY, INC., AND RALPH GOFF, AN INDIVIDUAL, OPERATING AS A PARTNERSHIP THIS CONTRACT AND AGREEMENT, made and entered day of Wae4editi, 1974, by and between into on this the City of Fayetteville, Arkansas, a municipal corporation of the first class organized and existing under the laws of the State of Arkansas, hereinafter called the Party of the First Part, and C f L Land Company, Inc., and Ralph ating as a partnership, hereinafter Part, Goff, an individual, oper- called Party of the Second WITNESSETH: WHEREAS, the Party of the Second Part is a private enter- prise engaged in the operation of a sanitary landfill site in Washington County, Arkansas, and; WHEREAS, it is the intent of this contract to formulate and adopt mutual covenants under which the Party of the First Part may continue disposing of all of its solid wastes at the sanitary landfill site operated by the Party of the Second Part after the existing contract between the parties terminates on April 15, 1974: NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1. Party of the Second Part agrees to furnish the following described land located in Washington County, Arkansas: SW' of the SW1 and the West 10 acres of equal and uniform width off the SE' of the SWa section 30 twp 16 north range 30 west for a sanitary landfill method of disposal of solid wastes of all types and classes except car bodies, dead animals or fowl, or offal and to furnish such personnel and equipment as is necessary to properly conduct a sanitary landfill method of disposal. Party of the Second Part agrees to accept all solid wastes ex- cept car bodies, dead animals or fowl, or offal delivered to the disposal site by the Sanitation Department of the Party of the First Part. All such wastes shall be deposited in a location designated by Party of the Second Part for disposal in accord- ance with current regulations and directives of the Arkansas Department of Pollution Control and Ecology and other regulatory agencies. Party of the Second Part agrees to accept for disposal all wastes delivered to the site by the persons hereinabove so authorized from 8:00 A.M. to 6:00 P.M. on all weekdays (Monday, Tuesday, Wednesday, Thursday and Friday)and from 8:00 A.M. to 2:00 P.M. on all Saturdays. 2.- Upon request of Party of the First Part, Party of the Second Part shall exhibit evidence of having obtained all permits and authorizations required by the Arkansas Department of Pol- lution Control and Ecology or other regulatory agencies for the operation of a sanitary landfill facility on the above-described site. The disposal site must be served by all-weather roads sufficient to support transporting equipment without undue haz- ard continuously throughout the term of the contract. Interior access to dumping locations at the disposal site shall be.main- tained by Party of the Second Part so as to permit full use under all weather conditions by Party of the First Part at the times set out in paragraph 1. above.. 3. Party of the Second. Part shall guarantee to save harmless and indemnify Party of the First Part from any and all loss, dam- age, claims, suits., judgments and recoveries which may:. be asserted, made or may arise or be had, brought or recovered against Party of the First Part by reason of the operation of the sanitary land- fill operation, and Party of the Second Part shall immediately appear and defend all such claims at its own cost and expense. 4. .No assignment or subletting of .all or any portion of the work agreed to by Party of the Second Part under this contract will be permitted without the prior approval of the Board of Directors of Party of the First Part. 5. (a) Party of the Second Part shall provide and maintain in full force and effect during the entire term of this contract, regular contractor's public liability insurance, with Party of the First Part as an additional insured, providing for a limit of not less thanOneHundred Thousand Dollars ($100,000.00) for all damages arising out of bodily injury to or death of one person, and subject to the same limit for each person, a total limit of not less than Three Hundred Thousand Dollars ($300,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and regular contractor's pro- perty damage liability insurance providing for a limit of not less than Twenty-five Thousand Dollars ($25,000.00) for all. damages arising out of injury to or destruction of property in any one accident, and, subject to that limit per accident, a total limit of not less than Fifty Thousand Dollars ($50,000.00) for all damages arising out of injury to or destruction of pro- perty during the policy period. (b) Party of the Second Part shall provide and maintain in full force and effect during the entire term of this contract, Workmen's Compensation insurance as shall protect it from claims for damage for personal injury, including accidental death, .which may arise from operations under this contract, whether such oper- ation be by himself or anyone directly or indirectly employed by him as required under Arkansas Workmen's Compensation laws. 6. Party of the First Part agrees to pay compensation to Party of the Second Part for services rendered hereunder on the basis of $205.00 per day on all.weekdays (Monday, Tuesday, Wednesday, Thursday and Friday) and $102.00 per day on all Sat- urdays. Inability of the Party of the First Part to deliver its solid wastes to Party of the Second Part due to inclement weather shall not relieve Party of the First Part from paying said com- pensation. In the event Party of the Second Part is unable to operate its sanitary landfill on a full-time basis because of inability to obtain required petroleum products, Party of the Second Part shall, nevertheless, continue to accept solid wastes from Party of the First Part pursuant to the schedule set out in Section 1 of this contract. Inability of. Party of the Second Part to dispose of wastes on a daily basis because of the un - 'availability of petroleum products shall not constitute a breach of any covenant contained herein. 4 7. Party of the Second Part agrees to accept solid wastes of all types and classes except car bodies, dead animals or fowl, or offal from members of the general public, from .the, University .of Arkansas, and from private contractors licensed by Party of the First Part during the term of this contract. 8.Party of the First Part agrees to furnish fire pro- tection service to Party of the'Second Part upon request and free of charge for fires originating. from loads dumped by Party of the First Part, when in the judgment of the Fire Chief, fire apparatus can safely be sent without unduly impairing fire protection within the City. Party of the First Part agrees to furnish fire protection service to Party of the Second Part upon request and in accordance with the rates in effect at the time service is requested for firesoriginating from loads dumped by persons other. than Party of the First Part, when in the judgment of the Fire Chief, fire apparatus can safely be sent without unduly impairing fire pro- tection within the City. 9. The term of thisagreement shall be for one (1) year commencing on the 15th day of April, 1974, and ending on the 14th day of April, 1975. Any breach or violation of the covenants herein contained and encumbent upon Party of the Second Part shall give Party of the First Part the right to cancel this agreement upon thirty (30) days written notice to Party of the Second Part. Any notice or communications hereunder shall be deemed validly served upon deposit in the United States mail, registered and proper postage prepaid, addressed to the respective parties at the following addresses. PARTIES OF THE FIRST PART: City Manager • Postal Drawer F Fayetteville, Arkansas • 12. This agreement PARTY OF THE SECOND PART C f, L Land Co., Inc., and Ralph Goff, an individual,. operating as a partnership 15 East Center Fayetteville, Arkansas shall not be varied in its terms by any • oral agreement or representation. All valid modifications must be by an instrument in writing of a latter date than this con- tract executed by both parties by their duly authorized repre- sentatives.. IN WITNESS WHEREOF, the parties hereto have executed this agreement asof the day and year first above written. ATTEST: ATTEST: CITY OF FAYETTEVILLE APPROVED: a44 MAYOR 1.a41 C & L LAND COMPANY, INC. and RALPH GOFF; A PARTNERSHIP BY:• l