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l ,OSEHOLD HAZARDOUS WAL. E DISPOSAL AGREEMENT THIS AGREEMENT, made and entered into this 18th day of March , 1996, by the City of Moscow, hereinafter referred to as the 'CITY' and Chem-Safe Services, Inc. , a Washington Corporation, hereinafter referred to as the 'CONTRACTOR'. WITNESSETH: WHEREAS, the CITY desires to provide its citizens with an opportunity to dispose of household hazardous waste (HHW) ; 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: 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, from the date hereof until such services are complete as requested herein. THE CONTRACTOR SHALL: 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. Provide instructions and training for job duties performed by volunteers of turn-in day. 5. Classify, package, and label materials as per guidelines in 49 CFR Transportation, Parts 100-199. 6. Profile materials as per u.s. E. P.A. standards. 7. Load materials on the transportation vehicle. 8. Transport HHW to Chem-Safe Services, Inc. to store while waiting for profile approval from T. S. D. facilities. 9. work directly with approved T. S. D. facility(s) to arrange for the disposal of the CITY'S HHW. 96-13 ---PAGE BREAK--- HHW waste Disposal AgrEitc. .ent Page Two 10. Send copies of all paperwork to the CITY upon final disposal of HHW at T. S. D. facility(s) . Information shall include: Categories and quantities of lab-packed waste and drums containing liquid for incineration. Number of drums containing oil and actual per drum costs for all HHW disposed of. 11. Provide two chemists, two technicians and two laborers for the household hazardous waste collection day. 12. supervise all aspects of the CITY'S household hazardous waste turn-in day. 13. supply safety gear for all CONTRACTOR'S employees and CITY's employees. (see Appendix C) 14. Supply all materials except tent, tables, chairs, traffic cones, signs and carts. II. TERMS AND CONDITIONS: The parties agree that; 1. Status of Generator: The CITY shall assume the status of generator for all HHW collected at the turn-in day. 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: Non-acceptable materials (see Appendix B) . The CONTRACTOR shall make a reasonable effort to insure that non-acceptable materials are not accepted for disposal at the turn-in day. 4. Transportation: The CONTRACTOR shall transport the waste to the CONTRACTOR'S warehouse for storage while waiting for profile acceptance from T. S. D. facilities and then to approved T. S.D. facilities for disposal. 5. Disposal: All HHW collected by the CONTRACTOR at the turn-in day shall be disposed of in accordance with all applicable local, state and federal laws, rules and regulations. 6. Compliance with the laws: The CONTRACTOR shall conduct services under this agreement and dispose of all HHW in compliance with all applicable local, state and federal laws, rules and regulations. The 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, the CONTRACTOR agrees to furnish the CITY with all applicable documentation. ---PAGE BREAK--- HHW Disposal Agreement Page Three III. INSURANCE 1. The CONTRACTOR shall at all times during the term of this agreement maintain in full force and effect employer's liability, workmen's compensation, public liability and property damage insurance, including contractual liability coverage. All insurance shall be by insurers licensed to do busines in the state of Idaho and for policy limits provided below. Before commencement of services hereunder, the CONTRACTOR agrees to furnish the CITY certificates of insurance or other evidence satisfactory to the CITY to the effect that such insurance has been procured and is in force. The CONTRACTOR shall further cause the CITY to be named as additional insured on all applicable insurance policies. The Certificates shall contain the following express obiligations: "This is to certify that the policies of insurance described herein have be en 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: 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 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 ---PAGE BREAK--- HHW Disposal Agreement Page Four agreement ar1s1ng 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 or agent of the CITY. VI. COMPENSATION: As consideration for the services rendered, the CONTRACTOR shall be compensated as set forth in accordance with terms of this agreement and the rates listed in Appendix A. The CONTRACTOR shall submit its applications for payment to the city of Moscow, Attn: City Supervisor, P.O. Box 9203, Moscow, ID 83843. Payment will be VII. VIII. IX. disbursed subsequent to approval by the City council. RATES: Rates as set forth in Appendicies A and c for each type of service include all costs, fees and other expenses associated with services provided herein. ASSIGNMENT: This agreement may not be assigned or sublet without prior written consent of either party. Appendix A, B and c are 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. ---PAGE BREAK--- HHW Disposal Agreement Page Five 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: j£,),_/fryJ Ralph E. Allphin - President FOR THE CITY: STATE OF County of ) ss On this of , 1996, before me a Notary Public in and for said State, appeared , known to me to be the President and Secretary of Chem-Safe Services, Inc. and acknowledged to me that they executed the foregoing agreement on behalf of the Corporation. Notary Public in and for the State of ---PAGE BREAK--- HHW Disposal Agreement page Six RATES: APPENDIX A 1. Set-up Fee: Includes all scope of services herein except those listed below • • . . . • . . • • • . . • • • • • • • • . • • • • • • • • • $9,917.25 2. Disposal of lab-pack drums (55-gallon) . . . . . • . • • . • . • • • • • • . per invoice 3. Disposal of drums containing liquid for incineration (55-gallon) : Chlorinated . . . . . . . . . . . . . . . . . . . . . . . . . . Non-chlorinated . Oil based paints • • • • • • . • • • • • • . . . . . . . • • • • • • • • . • . • • • • • 4. Disposal of drums containing oil • • • • • • • • . . • • . • . • . • • • • • • • • 5. Transportation of waste to Chem-Safe per invoice per invoice per invoice per invoice Services, Inc.. . . . . . . . . . . . . . . . . . . . . . . . 3.00/loaded mile 6. Transportation of waste to T.S.D. facility following approval of profiles . • . • • • • • . • . . • • • . . . . • • • • . • • • • . • • 3.00/loaded mile PAYMENT: Upon completion of clean-up and exit from site . . . . . • . . • • . • • • . . Upon completion of all work contemplated . . . . . • • • • • • • • • . • . • . . • • $7,933.80 $1,983.45 ---PAGE BREAK--- HHW Disposal Agreement Page Seven APPENDIX B The following list of wastes cannot be accepted under E.P.A. (Federal regulations): Radioactive Wastes Explosives Biological or Infectious Waste Commercial waste ---PAGE BREAK--- HHW Disposal Agreement Page Eight Household APPENDIX C Supplies Hazardous Materials and for waste Collection Event Personnel Clothing & Safety Equipment ITEM TYVEK Suits (white) . TYVEK Suits (yellow) Disposable Booties. Full Face Shields • • Organic Vapor Masks. Rubber Gloves • . Safety Glasses. 3-M Particle Masks. Fire Extinguishers . • . Spill Containment Supplies. Eyewash • • • • • • • . • • • . . • • . Decontamination Shower. Packaging Material. Open Head Drums • . • Bung Top Drums • • • • 5-gallon Containers. Barrel Hand Truck. Tarps • • Chairs. Tables. Traffic Cones. Laundry Tubs or Carts. Drum Liners • • Plastic Bags. Wading Pools. 85-gallon overpacks. Chlor-D-Tects • • • . • . . Site Supplies Quantity $5.80 each 9.75 each 1.50/pair No Charge No Charge 2.00/pair 5.00/pair No Charge No Charge No Charge No Charge No Charge 6.50/50 lb bag 44.00/drum 38.00/drum 12.50 each No Charge 550.00 CITY Supplies CITY Supplies CITY Supplies CITY Supplies 2.50 each No Charge No Charge 95.00 each 18.00 each ---PAGE BREAK--- HHW Disposal Agreement Page Nine Channel Locks. can Openers . . • Paint Can Openers. Stir Sticks. Funnels Grease Pencils. Lead Pencils. Label Tape. Duct Tape. Brooms • • • • Flat Nose Shovels • • Expanded Metal . . . • • Analysis Supplies • . Sampling Equipment. Resource Materials. Manifests . Profile Sheets. Labels Matches. Spray Paint and Spray Glue. Ratchets and Sockets. Wrenches Red vests. Battery Carriers • • • "No Smoking" Signs. Barrel Pump. Hose . Zip Lock Baggies. Drum Opener • • • • • . Miscellaneous Items No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge