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CONDITIONALLY EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT I< . THIS AGREEMENT, made and entered into this c),O day of March, 2000, by the City of Moscow, Idaho, a Municipal Corporation of the State of Idaho, (hereinafter referred to as "CITY") and Philip Services Corporation, a Washington Corporation, (hereinafter referred to as "CONTRACTOR"). WITNESSETH: WHEREAS, CITY desires to provide Conditionally Exempt Generators with an opportunity to dispose of hazardous waste; and WHEREAS, CONTRACTOR is educated, trained and capable of providing the services contemplated by this Agreement, and WHEREAS, CITY is conducting a conditionally exempt generators waste collection event on the 15th day of April, 2000; NOW THEREFORE, CONTRACTOR and CITY agree to the following: L SCOPE OF SERVICES: CONTRACTOR agrees to execute all of said services in a good, substantial, and workerlike manner and in strict accordance with the following terms and conditions herein, from the date hereof until such services are complete as required herein. CONTRACTOR SHALL: 1. Attend organizational meetings on the day of the event at CITY's request. 2. Set-up and take-down of site selected for tum-in day, with the exception of CITY provided equipment. 3. Go through dry run of tum-in day with all participants the day of the event, at CITY'S request. 4. Classify, package, and label materials as per guidelines in 49 CFR Transportation, Parts 100-199. 5. Profile materials as per U.S. E.P.A. standards. 6. Load CEG materials on the transportation vehicle. 7. Work directly with approved Treatment, Storage and Disposal (TSD) facility(s) to arrange for the disposal of waste. 8. Supervise all aspects of CITY's conditionally exempt generator (CEG) tum in day. Conditionally Exempt Generators Waste Disposal Agreement 2000 - 1- ---PAGE BREAK--- 9. Send copies of all paperwork to CITY upon final disposal of hazardous waste at TSD facility(s). Information shall include: all categories and quantities of waste and the treatment and/ or disposal used for each waste category. Also include actual revenue collected from CEGs. 10. Provide at least one person at location to coordinate and handle the CEG event IL TERMS AND CONDITIONS: The parties agree that: 1. Status of Generator: CITY shall assume the status of generator for all CEG waste collected at the tum-in day until such time as CEG waste has been accepted into CONTRACTOR's northwest facilities, at which time CONTRACTOR shall take title to, and assume status of generator of, CEG waste. 2. Acceptable Materials: Acceptable materials to be disposed of may be of a chemical nature, hazardous, non-hazardous, toxic, flammable, corrosive, oxidizing, etc., of an organic and/ or inorganic nature. 3. Non-acceptable Materials: CONTRACTOR shall not accept materials listed in Appendix B. 4. Transportation: CONTRACTOR shall transport the waste to CONTRACTOR's TSD. 5. Compliance with Laws: CONTRACTOR shall provide all services under this Agreement and dispose of all waste in compliance with applicable local, state and federal laws, rules and regulations. CONTRACTOR shall obtain all necessary permits, licenses and other forms of documentation required in order to comply with all applicable local, state and federal laws, rules and regulations and prior to commencement of services hereunder, CONTRACTOR agrees to furnish CITY with all applicable documentation on request. IlL INSURANCE 1. CONTRACTOR shall at all times during the term of this Agreement maintain in full force and effect employer's liability, worker's compensation, public iiability and property damage insurance, including contractual liability coverage. All insurance shall be by insurers licensed to do business in the state of Idaho and for policy limits provided below. Before commencement of services hereunder, CONTRACTOR agrees to furnish CITY certificates of insurance or other evidence satisfactory to CITY to the effect that such insurance has been procured and is in force. CONTRACTOR shall further cause CITY to be named as an additional insured on all applicable insurance policies. The certificates shall contain the following express obligations: Conditionally Exempt Generators Waste Disposal Agreement 2000 ---PAGE BREAK--- This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, fifteen (15) days prior written notice shall be given the certificate holder. 2. For the purpose of this contract, CONTRACTOR shall carry the following types of insurance in at least the limits specified below: Coverage Workman's Compensation Employer's Liability Bodily Injury Liability Property Damage Liability Liability Hazardous Waste Spill or Pollution Limits of Liability Statutory Requirement $500,000 per occurrence, $1,000,000.00 aggregate $500,000 per occurrence, $1,000,000.00 aggregate $500,000 per occurrence, $1,000,000.00 aggregate $500,000 per occurrence, $1,000,000.00 aggregate $500,000 per occurrence, $1,000,000.00 aggregate 3. CONTRACTOR shall verify that any subcontractor or transportation company hired by CONTRACTOR shall have equal or greater levels of insurance coverage to those required herein. IV. INDEMNITY: In the performance of the services hereunder, CONTRACTOR is an independent contractor and neither CONTRACTOR, its officers, employees, agents nor subcontractors shall be deemed in any respect to be employees of CITY. CONTRACTOR will indemnify, save harmless, and exempt CITY, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees incident to any work done in the performance of this agreement arising out of willful, negligent, or wrongful acts or omissions of CONTRACTOR, its officers, employees, agents, subcontractors and employees. V. LIABILITY: Neither party shall be liable to the other for delays due to causes beyond the control of either party including, but not limited to, acts of God, explosion, riots, fire, accident, flood, labor trouble, war or acts of government, or any other cause reasonably beyond its control, but shall use all reasonable efforts to minimize the extent of delay. CONTRACTOR shall not be liable for any wanton, willful and intentional wrongful conduct on the part of any volunteer or agent of CITY. VI. COMPENSATION: CONTRACTOR will be paid for all packaging, transportation, materials and disposal by the generators, not by CITY. Conditionally Exempt Generators Waste Disposal Agreement 2000 ---PAGE BREAK--- RATES: Rates as set forth in Appendix A for each type of service include all costs, fees and other expenses associated with ·services provided for herein. PAYMENT: Participant Conditionally Exempt Small Quantity Generators shall pay by cash or check at the time' of drop off. Checks can be made payable to Philip Services Corporation. VII. ASSIGNMENT: This Agreement may not be assigned or sublet without prior written consent of either party. Appendices A and B are hereby adopted and incorporated into this Agreement as if fully set forth. VIII. WAIVER OF TERMS: The failure of a party to insist upon strict performance of any provision of this agreement shall not be deemed a waiver of any subsequent or continuing breach of the term or condition of this agreement and shall not waive either party's right to compel strict compliance with each and every term and condition hereof. CONTRACTOR, by and through its president and CITY, by and through its Mayor and City Clerk have duly executed this agreement to be effective the day and year first above written. f Christine Bainbridge, City Clerk f STATE OF ) ACKNOWLEDGEMENT ) ss. County of ) On this 1.f& day of \ . 2000, before me a Notary Public in and for said State, appear .ttt. vvrl My Commission Expires: J«ru. 1 zco1,. Conditionally Exempt Generators Waste Disposal Agreement 2000 ---PAGE BREAK--- Appendix A Fee Schedule - Conditionall Small Quanti tv Generator Event Description Unit Cost Treatment Disposal of lab-pack drums (55 gallon): -environmentally hazardous pound $ 2.50 Recycle/A-fuel -poisonous pound $ 2.50 Incineration -oxidizing pound $ 2.50 Treatment -corrosive pound $ 2.50 Treatment -flammable (liquid) pound $ 2.50 A-fuel/Incineration -flammable (solid) pound $ 2.50 A-fuel/Incineration Disposal of bulked drums containin11 liquids: -chlorinated gallon $ 7.00 Incineration -non-chlorinated gallon $ 6.00 A-fuel Disposal of bulked drums containing flammable solventa/paints -liquid gallon $ 7.00 A-fuel/Incineration -pourable sludge pound $ 0.50 A-fuel/1 nci neration -hard sludge pound $ 0.50 A-fuel/Incineration Other Charges -PCB solids pound $ 2.00 Incineration -non RCRA liquid gallon $ 5.00 Incineration/Treatment -mercury debris pound $ 15.00 Recycle -aerosols can $ 2.50 Incineration -PCB ballasts pound $ 2.50 Recycle • . . All charges to Conditionally Exempt Generators ONLY, not C1ty of Moscow ---PAGE BREAK--- APPENDIX B NON-ACCEPTABLE MATERIALS: The following list of wastes cannot be accepted under EPA (Federal) regulations: Radioactive Wastes Explosives Biological or Infectious Wastes Regulated Waste E:\Household Hazardous Waste\Conditionally Exempt Generators-Philip Environmental Agreement.doc-cb