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CONDITIONALLY EXEMPT GENERATORS WASTE DISPOSAL AGREEMENT THIS AGREEMENT, made and entered into this 4th day of March , 1991, 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 'CONTRACTOR'. WI1NESSETH: WHEREAS, the CITY desires to provide its Conditional Exempt Generators with an opportunity to dispose of hazardous waste; and WHEREAS, the CONTRACTOR 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: 1. 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 r arch 4 , 1991, and ending on October 1 , 1991. THE CONTRACTOR WILL: 1. Attend organizational meetings at CITY'S request. 2. Set-up and take-down of site selected for tum-in day. 3. Go through dry run of tum-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. EPA standards. 6. Load materials on the transportation vehicle. 7. Work directly with approved TSD facility(s) to arrange for the disposal of the waste. 8. Supervision of all aspects of the CITY'S conditionally exempt generator tum-in day. II. TERMS AND CONDITIONS: The Parties agree that; 1 . Status of Generator: All waste will be sent to TSD facilities with Chem-Safe Services, Inc. acting as the generator. 2 . Acceptable Materials: Acceptable materials to be 1//07 ---PAGE BREAK--- CEG Waste Disposal Agreement Page Two disposed of may be of a chemical nature, hazardous, non-hazardous, toxic, flammable, corrosive, oxidizing, etc., of an organic and/or and 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 must select a waste transportation company to transport the waste to the CONTRACTOR'S warehouse to re-pack the waste and then to an approved TSD facility for disposal. 5. Compliance with Laws: The CONTRACTOR must provide all services under this agreement and dispose of all waste in compliance with applicable state and federal laws. The CONfRACTOR 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. III. 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 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 and is in force. The certificates shall contain the following express obiligations: "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, 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: Coverages Workman's Compensation Employer's Liability Bodily Injury Liability Property Damage Liability Liability Hazardous Waste Spill or Pollution Limits of Liability Statutory Requirement $500,000 500,000 500,000 500,000 500,00 ---PAGE BREAK--- CEG Waste Disposal Agreement Page Three 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, the CONTRACTOR is independent and neither the CONTRACTOR, its officers, employees, agents or subcontractors 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 not be liable for any wanton, willful and intentional wrongful conduct on the part of any volunteer provided by the CITY or agent of the CITY. VI. COMPENSATION: Contractor will be paid for all packaging, transportation, materials and disposal by the generators. If CONTRACTOR is required to be in Moscow prior to the date of collection for the sole purpose of visiting with conditionally exempt generators, or promoting the event, CONTRACTOR will be paid the sum of $400 per day including per diem. This will be paid by the CITY or Latah Sanitation. 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. VII. 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. 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. ---PAGE BREAK--- CEG Waste Disposal Agreement Page Four IX. 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: President FOR THE CITY: Paul C. Agidius ayor ATTEST: ---PAGE BREAK--- CEG Waste Disposal Agreement Page Five DISPOSAL COSTS APPENDIX A Solid waste will be charged per pound and liquid waste will be charged per gallon with a minimum of $ 15 per item. A majority of the liquid wastes will be shipped to Sol-Pro, Inc. in Tacoma for incineration. Solid wastes, and some liquids, will be shipped to E.S.S.I. in Idaho for burial or treatment. Land ban items and California list items will be sent to Chemical-Processors, Inc. for proper treatment or incineration. The cost to dispose of solid wastes will depend on the quantity and chemical composition of the waste. Flammable Liquids, per gallon . Halogenated Solvents, per gallon . Non-Pumpable Sludge, per gallon . Poison (lab-packed) Liquids, per gallon . $9.00 11.50 16.20 20.00 PCB-Transformers and Balasts Depends on type and size Solids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Depends on chemical class Land ban items and California list items Depends on chemical class The following list of wastes cannot be accepted under E.P.A. (Federal regulations): Radioactive Waste Dioxin Containing Wastes Explosive Wastes Infectious Wastes Pentachlorphenol Wastes Sodium pentachlorphenate PCP Dowicide EC-7 Penchlorol Pentacon ---PAGE BREAK--- CEG Waste Disposal Agreement Page Six Pen war Veg-I-Kill Penta Wood Preserver Wood Tox 140 Purina Insect Oil Concentrate Gardon Termi Tox U sol Cabin Oil Certified Kiltrol-74 Weed Killer Ciba-Giegy On Track, 053, 4, 5 Ortho Triox Liquid Vegetation Killer Black Leaf Grass, Weed, and Vegetation Killer Spray DP-2 Antimicrobial Priltox Sinituho