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CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS WASTE DISPOSAL AGREEMENT 'I'HIS AGREEMENT, made and entered into this 21st day of March , 1994, by the City of Moscow, a Municipal Corporation of the State of Idaho, hereinafter referred to as the 'CITY' and Chem-Safe Services, Inc., a Washington Corporation, hereinafter referred to as the ' CONTRAC'rOR' . WITNESSETH: WHEREAS, the CI'rY desires to provide its Conditionally Exempt Small Quantity Generators with an opportunity to dispose ofhazardous waste; and WHEREAS, the COJ:-TTRACTOR is educated, trained and capable of providing the personal services contemplated by this agreement. NOW THEREFORE, the CONTRACTOR and the CITY agree to the following personal service provisions: I. SCOPE OF SERVICES: CONTRACTOR agrees to execute all of said services in a good, substantial, and workmanlike manner and in strict accordance with the following terms and conditions herein, for the period commencing March 21 , 1994, and ending on November 30 , 1994. THE CONTRAC'rOR WILL: 1. Attend organizational meetings at CITY'S request. 2. Set-up and take-down of site selected for turn-in day. 3. Go through dry run of turn-in day with all participants. 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 materials on the transportation vehicles. 7. work directly with approved T.S.D. facility(s) to arrange for the disposal of waste. B. Supervision of all aspects of the CITY'S conditionally exempt generator turn-in day. 94-19 ---PAGE BREAK--- CESQG Waste Disposal Agreement Page Two 9. Provide one technician to oversee the Conditionally Exempt Small Quantity Generator project and help process Conditionally Exempt Small Quantity Generator attendees. II. TERMS AND CONDITIONS: The parties agree that; 1. Status of Generator: All waste will be sent to T.S.D. facilities with CITY acting as the generator. 2. Acceptable Materials: Acceptable materials to be disposed of may be of a chemical nature/ hazardous/ non-hazardous/ toxic/ flammable/ corrosive/ oxidizing/ etC.1 of an organic and/or inorganic nature. 3. Non-acceptable Materials: The CONTRACTOR shall not accept non-acceptable materials for disposal at the turn-in day. 4. Transportation: The CONTRACTOR shall transport the waste to the CON'l'RACTOR1 s warehouse for storage while waiting for profile acceptance from T.S.D. facilities and then to the approved T.S.D. facilities for disposal. 5. Compliance with the laws: The CONTRACTOR must provide all services under this agreement and dispose of all waste in compliance with applicable state and federal laws. The CONTRACTOR shall obtain all necessary permits, licenses and other forms of documentation required in order to comply with all applicable state and federal laws and prior to commencement of services hereunder/ the CONTRACTOR agrees to furnish the CITY with all applicable documentation. I I I . INSURANCE 1. The CONTRACTOR must at all times during the agreement term maintain in full force and effect employer's liability, workmen's compensation, public liability and property damage insurance, including contractual liability coverage. All insurance must be from insurers licensed in Washington or Idaho and for policy limits acceptable to the CITY. Before commencement of services hereunder, the CONTRACTOR agrees to furnish the CITY with certificates of insurance or other evidence satisfactory to the CITY to the effect that such insurance has been procured ---PAGE BREAK--- CESQG Waste Disposal Agreement Page Three and is in force. The certificates shall contain the following express obligation: "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 hold, thirty (30) days prior written notice will be given the certificate holder" 2. For the purpose of this contract, the CONTRACTOR shall carry the following types of insurance in at least the limits specified below: CQ.y_t;rra_ 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 $500,000 $500,000 $500,000 $500,000 3. CON'rRAcroR 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. IçIDEMNITY: In the performance of the services hereunder, the COèITRACTOR is independent and neither the CO.N'I'RACTOR, its officers, employees, agents or subcontracts shall be deemed in any respect to be employees of the CITY. The CONTRACTOR will indemnify, save harmless, and exempt the 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 the 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. The CONTRACTOR shall ---PAGE BREAK--- CESQG waste Disposal Agreement Page Four VI. VII. VIII. IX. not be liable for any wanton, willful and intentional wrongful conduct on the part of any volunteer or agent of the the CITY. COMPENSNriON: CONTRACTOR will be paid for all items listed in Appendix A. This amount will be invoiced and due thirty (30) days from date of invoice. ASSIGNMENT: This agreement may not be assigned or sublet without prior written consent of either party. Appendix A is hereby adopted and incorporated into this agreement as if fully set forth. 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. SOLE AUTHORIZATION TO CHEM-SAFE SERVICES, INC.: This program is being conducted by Chem-Safe Services, Inc. at the request of the City of Moscow. During the term of this agreement the City of Moscow agrees that only Chem-Safe Services, Inc. may act as hazardous waste disposal consultants to the City of Moscow. The CONTRACTOR, by and through its president and the CITY, by and through its Mayor and City Clerk have duly executed this agreement to be effective the day and year first above written. FOR THE CONTRACTOR: tr Ralph E. Allphin - President YP'' Jo n Allphin - Secretary FOR 'J'f!fi: C T'l'Y: ---PAGE BREAK--- CESQG Waste Disposal Agreement Page Five COUNTY OF ss On this /1 of iJ ^ , 1:4 , before me a Notary Public in and for said State, appeared {!,17 C: 1} \ U-ul f161?'J,n · known to me to be the President and Secretary of Chem-Safe Services, Inc. and acknowledged to me that they executed that foregoing agreement on behalf of the Corporation. NotarY Public in and for the State of L6 )ct.5h uv:! (j ---PAGE BREAK--- CESc,y.; Waste Uisposal. Agreement !?age Six APPENDIX A RA'rES: 'l'echnic.ian '!'ravel - 6 hours x $20. 00/hour . On-Site - 10 hours x $45.00/hour . Ferdiem - 1 day x $69.00/day . I:'en.Uem - 1 day x $69. 00/day . . . . . . . . . . . . . . . . . . . Total $120.00 450.00 69.00 No chme $639.00