HomeMy WebLinkAbout43-92 RESOLUTION•
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RESOLUTION NO. 43-92
A RESOLUTION APPROVING AN AMENDED SERVICE
AGREEMENT WITH SUNRAY SERVICES, INC.,
INCREASING THE CITY'S DISPOSAL CHARGES.
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 an amended service agreement
with Sunray Services, Inc., increasing the City's disposal charges
from $4.50 to $5.00 per compacted cubic yard, effective March 1,
1992. A copy of the amended service agreement authorized for
execution is hereby attached hereto marked Exhibit "A" and made a
part hereof.
PASSED AND APPROVED this
ATTEST:
By: itl.V1.44
City Cleek
owl
17th day of March
APPROVED:
f.
By2 ,Lt"
Mayor
, 1992.
• fitr" a1/4-74144)
(./ e
103NR41
SUNRAY SERVICES,
aERVICK AGREEHMET
Sunray Services. Inn.
P.0 Bilx 1310
Springdale, Arkansas 72717Th 131C
Phone (501) 751-7324
CUSTIMER: CJ.tflfli Fayettevilicti_Arkanzac. _ _
ADDRESS : H ..cacsE!.21.1c w_Leasi Ka.Yeit_tes 11 1r .
B11,12ING ADDRESS: L3_Weta in.._ Faye ttcv 111 r s_Ah
LANDFILL LOCATION.
AND PERMIT NO.: 5urr&Y aervirea4 Tontitowu.,_AP, Pcarmit_11520R_72
PER YARD*
NrN COMPACTION
GATE CHARGE:
PFR WIND*
COMPACTION GATE
CHARGE:
GOVERNMENTAL
ELI/b. FEE: tiL.IV
GOVERNMENTAL
$4.2L FEE: all
TcTAL:
$4.15
ToTAIJ:
$5.011
f:TECIAL INFORMATION:
* A • milterialu_siciiyarad_inve.hieJes o`hcir than relppe yo!lactiob
Lialts will_k_t_charged rvutnd Rate raLA
cPF‘TOMER ACCOUNT NUMBEF:_2(JI__
PURCHASE ORDER NUMBER:
SUNRAY SERVICSI INC. C:TY,0?...,FAYETTEV LLE ARKANSAS
/1
BY: BY: 2"7571.
TITLE: bil)/11701.eve TITLE: ________
DATE:
esa
tie P.O Box 1310, Springoa e. AR 72765 • P0 Box ' 423. Joplin MO 648C2 • P 0, Box 1694 lwriscn, AR 72602
Poi
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.
TEMA.. 'Ibis Agreement is for a term of one
(ly month_and shall be renewed thereafter
from month-to-month 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, includinglout 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.
VASTE 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" shall4include, 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 claim 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.
LANDFrula 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 maybe 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:
3 - 9
SUNRAY SERV
BY:
CITY CF FAYETTEVLLE
,A ,RRA4SAS
BY:
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