HomeMy WebLinkAbout68A-90 RESOLUTIONRESOLUTION NO. 68A-90
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A TEMPORARY CONTRACT BETWEEN
THE CITY OF FAYETTEVILLE AND SUNRAY SERVICES,
INC.
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 temporary contract between
the City of Fayetteville, Arkansas and Sunray Services, Inc. for
solid waste material disposal at their landfill. A copy of the
contract authorized for execution hereby is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 25th day of April
ATTEST:
By
APPROVED:
BY: C!//N!Z/
Mayor
, 1990.
•
1LRMS 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 ccntrac- period by either
of the parties hereto but not less than
thirty (30) days prior 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 ebligations hereunder.
PAYMENTS. Custcmer 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
Custcmer 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
:977 as amended. Title to and 1'ability 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 harmiess
from and against any and all claims,
damages, penalties, fines and liabilities
resulting from, or arising out of such waste
excluded above.
SUNRAY SERVICES, INC.
,r�/1
BY/1 `Ike
�.1
THE CITY OF FAYETTEVILLE, A MUNICIPAL CORP.
By elf harry ��pgs"`.
Mayor
Attest:
RV- I I
City Clerk
LIABILITY. Ir. 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 ordeath resulting
from or arising in any manner from
customer's use of the landfill.
LANDFILL ADJUSTMENTS. Sunray reserves the
right to ad'ust the rates charged hereunder
in the event of increases in landfill costs
such as, but not limited to, increases in
landfill operating cos -s.
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 Gcd, 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: