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Home My WebLink About134-91 RESOLUTIONa1 9 • -ma .9.— — RESOLUTION NO. 134-91 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SERVICE AGREEMENT WITH 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, service agreement with Sunray Services,' m Inc which € increases charges for disposal of Fayetteville's solid waste. A copy of the service agreement authorized for, execution hereby.is attached hereto marked Exhibit "A" and made a partjhereof. 't PASSED AND APPROVED•this 16th day of July , 1991. • 1 ' >- r n ` j . ' . �r _ :ATTEST: ; ., ` ity 0 erk.'; , /r.... SC/. ji`tSf ter- fir7.9 ..!^ -«.r". S ',',:. - APPROVED: • • 4S)!$! ,: SUNRAY SERVICES, INC. SERVICE _AGREEMENT Sunray Services, Inc. P.O. Box 1310 Springdale, Arkansas 72765-1310 Phone (501) 751-7024 CUSTOMER: ADDRESS: BILLING ADDRESS: LANDFILL LOCATION, AND PERMIT NO:: PER YARD* NON -COMPACTION GATE CHARGE: CITY OF FAYETTEVILLE 113 WEST MOUNTAIN 113 WEST MOUNTAIN, FAYETTEVILLE, AR 72701 SUNRAY SERVICES, INC., TONTITOWN, AR 72770 #162 -SR -1 GOVERNMENTAL $3.25 FEE: $O.40 TOTAL: $3.65 PER YARD* COMPACTION GATE GOVERNMENTAL TOTAL: CHARGE: $3.75 FEE: $0.75_ $4.50 SPECIAL INFORMATION: ALL MATERIALS DELIVERED IN VEHICLES OTHER THAN REFUSE COLLECTION VEHICLES WILL BE CHARGED POSTED GATE RATE. .POSTED GATE RATE - NON COMPACTION: $4.65 COMPACTION: $5.00 CUSTOMER ACCOUNT NUMBER: 201 Y SERVIC7/gy BYNRA5/ PURCHASE ORDER NUMBER: CITY OF FAYETTEVILLEARKANSAS BY a.(7 P.O. Box 793, Springdale, AR 72765 • P.O. Box 1423, Joplin, MO 64802 • P.O. Box 1694, Harrison, AR 72602 itttMS 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 (1.) month ,and shall be renewed thereafter from month :-to: mouth without further action by the parties, but maybe terminated at the end of the -initial contract 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 immedidtely 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 His solid waste generated by Customer iexcluding radioactive, toxic, corrosive; volatile, flamanable, explosive, or hazardous material: The term "hazardous material"shal; 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 otherapplicable 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 andagainst 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: JULY 15, 1991 SUNRAY SERVICES, INC. BY: CITY OF FAYETTEVILL/NSAS BY: • • SUNRAY SERVICES, INC. MAY 28. 1991 Dear Valued Customer: The Arkansas State Legislature, at its recent 1991 session in Little Rock, passed fifteen (15) Acts which affect your business both directly and indirectly. An abbreviated summary is outlined below: Act 9 rAct 319•- Act 516 Act 629 Act 744 Act 746 Act 747 Act 748 Act 749 Act 750 Act 751 Act 752 Act 754 Act 755 Act 1007 Landfill restrictions Temporary moratorium -on landfills Recovery of cost expended by State Privatization Act to include landfills Restructures the Department of Pollution Control and Ecology Creates environmental education fund Imposes an additional landfill disposal fee Tax credit for recycling equipment Creates recycling charge on new tires Increases landfill operating requirements Landfill fee on incinerator ash Regional solid waste planning boards Increases landfill disposal fees Removes exemptions on certain landfill fees Permits municipalities, counties and waste boards to collect fees Specifically, Act 747 imposes an additional $0.15 fee per loose cubic yard and $0.30 fee per compacted cubic yard on waste entering a landfill for a State Post Closure Trust Fund. Act 754 increases the fees on waste entering a landfill from $0.15 per loose yard and $0.30 per compacted yard to $0.25 and $0.45, respectively for the State Recycling Fund.. Sunray is required to collect and -remit these fees directly`to'the"State"o6f"Arkansas. Other effects of the legislation increase our operating costs and accordingly disposal fees which we charge will also increase. Effective July 1, 1991, the additional fees and landfill rate increase will be implemented., $0.75 per loose cubic yard and $0.95 per compacted cubic yard. A Sunray representative will contact you in the near future concerning these increases. Respectfully, SUNRAY SERVICES, INC. • P.O. Box 793, Springdale, AR 72765 e P.O. Box 1423, Joplin, MO 64802 e P.O. Box 1694, Harrison, AR 72602