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HomeMy WebLinkAbout192-90 RESOLUTION• • • • • • • RESOLUTION NO. 192-90 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SUNRAY SERVICES, INC. AND APPROVAL OF A BUDGET ADJUSTMENT FOR SOLID WASTE DISPOSAL. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: ,Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a service agreement with Sunray Services, Inc. on a month-to-month basis at the rate of $3.15 per non -compacted cubic yard and $3.80 per compacted cubic yard. A copy of the service agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Board of Directors hereby approves a budget adjustment in the amount of $80,000.00 to cover solid waste disposal expenses. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 4th day of December , 1990. ATTEST: By: City Clerk • • TERMS AND .,CONDITIONS Sunray agrees to accept for disposal in its landfill that solid waste specified herein and Customer Agrees to make the payments as provided for herein and to abide by the terms and conditions of this Agreement. TERM..., This Agreement is for a term of one (1) month and shall be renewed thereafter from month-to-month without further action by the parties, but may be terminated at the end of the initial contract period by either of the parties hereto but not less than thirty (30) daysprior written notice by certified mail. Any breach of this contract by Customer, including'but not limited to failure to make timely payments, disposal of excluded material or negligent or dangerous acts on landfill property shall each give Sunray the right, as its option, to immediately terminate this Agreement and its further obligations hereunder. PAYMENTS. Customer shall pay Sunray on a monthly basis for the services furnished by Sunray in accordance with the charges and rates provided for herein. Payment shall be made by Customer to Sunray within ten (10) days of the receipt of an invoice from Sunray. WASTE MATERIAL. The waste material to be disposed of by Sunray pursuant to this Agreement is solid waste generated by Customer excluding radioactive, toxic, corrosive, volatile, flammable, explosive, or hazardous material. The term "hazardous material" shall include, but not be limited to waste in any amount, listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation And Recovery Act of 1976 as amended, by all other applicable federal law, and by all other applicable state law including but not limited to The Arkansas Hazardous Materials Transportation Act of 1977 as amended. Title to and liability for any waste excluded above shall remain with Customer and Customer, though not waiving its tort immunity, expressly agrees to defend, indemnify, and hold Sunray harmless from and against any and all claims, damages, penalties, fines and liabilities resulting from or arising out of such waste excluded above. • LIABILITY. In the delivery of waste to the Sunray landfill for disposal, customers, their agents and employees shall obey all rules and regulations that may be posted from time to time at Sunray's landfill, shall follow the instructions of the landfill operators, and shall exercise reasonable prudence and care in disposing of waste at the Sunray landfill. Customer, though not waiving its tort immunity, expressly agrees to defend, indemnify and hold Sunray harmless from and against any and all claims for loss of or damage to property, personal injury or death resulting from or arising in any manner from customer's use of the landfill. LANDFILL ADJUSTMENTS. Sunray reserves the right to adjust the rates charged hereunder in the event of increases in landfill costs such as, but not limited to, increases in landfill operating costs. EXCUSED PERFORMANCE. Sunray shall not be liable for its failure to perform hereunder due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, fires, acts of God, and acts of federal or state governments, governmental agencies, and courts. ASSIGNMENT. This Agreement may be assigned by either party only with the prior written consent of the other party, except that Sunray, without Customer's consent, may assign this Agreement to any corporation affiliated with Sunray. • BINDING EFFECT. This agreement binds the parties hereto and all of their assigns and successors. DATE: •e" SUNRAY SERVICE&, I C. BY: t r<a CITY OF FAYETTEVILLE, ARKANSAS BY: • • • FAYETTEVI LLE THE CITY OF FAYETTEVIL E. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: THRU: FROM: DATE: SUBJECT: Fayetteville Board of Directors Scott C. Linebaugh, City Manager �/� R. Stephen Street, Interim Public Works Director/ November 20, 1990 Sunray Landfill Service Agreement Attached please find a copy of the proposedservice agreement with Sunray Services, Inc. for disposal of municipal solid waste. This agreement represents a reduction in current rates from $4.15 per non -compacted cubic yard and $4.30 per compacted cubic yard to $3.15 per non -compacted yard and $3.80 per compacted cubic yard. The rates are being reduced because the City has been with Sunray for several months and has proved to be a reliable customer. The agreement is for a term of one month to be renewed month-to- month thereafter without action from either party. It can also be terminated by either party at the end of the initial contract period with 30 days written notice. With the exception of lower rates, this agreement is identical to the one currently in effect. From January 1 through May 14 the City paid to Northwest Arkansas Waste Management $92,808 in disposal fees. These fees were based on a fixed rate per agreement of $20,702.50 per month. When the Northwest Arkansas Waste Management site was closed the City negotiated a contract with Sunray Services, Inc. for disposal of our solid waste at $4.30 per compacted cubic yard. The following shows our fees paid to Sunray from May through October: May June July August September October Total $36,570 $50,149 $46,895 $53,014 $50,681 $49.587 $286,884 The budget for solid waste disposal in 1990 is $462,965. Total disposal expenditures through October are $389,875. The City needs an additional $80,000 transferred to this account to cover disposal expense for the remainder of the year. The landfill gate charges will probably be $125,000 taking into account the added landfill trips associated with the Fall Clean -Up campaign. • • • The following table shows the total tons of waste collected and sent to the Sunray landfill from June through September. We show for the same months the total tons of recyclables collected (excluding compost). MONTH June July August Sept. Total WASTE LANDFILLED 2,224 tons 2,486 2,084 2.148 8,942 RECYCLABLES COLLECTED 41 tons 69.39 67.04 69.47 246.90 If you have any questions concerning the proposed landfill service agreement, please call me. Thank you. RSS/qv!