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CONDITIONALLY EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT THIS AGREEMENT, made and entered into this day 1995, by the City of Moscow, a Municipal Corporation of the State of Idaho, herei fter 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 Conditionally Exempt Generators with an opportunity to dispose of hazardous waste; and WHEREAS, the CONTRACTOR is educated, trained and capable of providing the 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 required herein. THE CONTRACTOR SHALL: I. 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 I 00-199. 5. Profile materials as per U.S. E.P.A. standards. 6. Load materials on the transportation vehicle. 7. Work directly with approved T.S.D. facility(s) to arrange for the disposal of waste. 8. Supervise all aspects of the CITY's conditionally exempt generator turn-in day. CONDJTIONALL Y EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT; Page I 95-23 ---PAGE BREAK--- 9. Send copies of all paperwork to the CITY upon final disposal of hazardous waste 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 removed and actual per drum costs for all hazardous waste disposed of. II. TERMS AND CONDITIONS: The parties agree that: I. 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., of an organic and/or inorganic nature. 3. Non-acceptable Materials: The CONTRACTOR shall not accept materials listed in Appendix B. 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 the approved T.S.D. facilities for disposal. 5. Compliance with Laws: The 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. 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. 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 business 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 CONDITIONALLY EXEMPT GENERATORS WASTE DISPOSAL AGREEMENT; Page 2 ---PAGE BREAK--- an additional insured on all applicable insurance policies. The certificates shall contain the following express obligations: 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 shall 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 Liabilitv 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, the CONTRACTOR is an independent contractor and neither the CONTRACTOR, its officers, employees, agents nor 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 CONDITIONALLY EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT; Page 3 ---PAGE BREAK--- wanton, willful and intentional wrongful conduct on the part of any volunteer or agent of the CITY. VI. COMPENSATION: CONTRACTOR will be paid for all packaging, transportation, materials and disposal by the generators, not by the CITY. 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 Chem-Safe Services, Inc. Vll. ASSIGNMENT: This Agreement may not be assigned or sublet without prior written consent of either party. Appendix 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. IX. CANCELLATION: The CONTRACTOR retains the right to cancel the event if a sufficient number of Conditionally Exempt Generators to insure collection of $900.00 gross have not signed up to participate by Thursday, April20, 1995. 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: e{ah Ralph E. Allphin - President FOR THE CITY: Elaine Russell, City Clerk ---PAGE BREAK--- APPENDIX A DISPOSAL COSTS: Solid waste will be charged per pound and liquid waste will be charged per gallon, quart or pint. Participants shall pay be cash or check at the time of drop off. A majority of the liquid wastes will be shipped to Sol-Pro, Inc. in Tacoma for disposal or recycle. 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 Burlington Environmental for proper treatment or incineration. Contractor will not be collecting oil and antifreeze. Flammable Liquids, per gallon . Halogenated Solvents, per gallon . Non-Pumpable Sludge, per gallon Poison (lab-packed) Liquids, per gallon . per quart . per pint . per pound . Acids or Bases, per gallon per quart . per pint. . per pound . Pentachlorophenol, per gallon . per quart . per pint. . per pound . COND!TIONALL Y EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT: Page 5 $6.00 9.00 12.00 24.00 7.00 4.00 4.00 20.00 6.00 3.00 3.00 24.00 7.00 4.00 4.00 ---PAGE BREAK--- Oxidizers/Cyanides, per gallon . 32.00 per quart . 8.00 per pound . 15.00 Peroxides/Sulfides/Dangerous when wet, per quart . 80.00 per pound . 40.00 PCB-Transformers and Ballasts Depends on type and size Items not listed on chemical compound, physical state and amount. CONDJTIONALL Y EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT: Page 6 ---PAGE BREAK--- APPENDIX 8 NON-ACCEPT ABLE MATERIALS: The following list of wastes cannot be accepted at the Conditionally Exempt Generator Turn In per E.P regulations: Radioactive Wastes Dioxin Containing Wastes Explosive Wastes Infectious Wastes Commercial waste from a business which generates more than the Conditionally Exempt Generator amount specified by EPA contract\conexm2\dm CONDITIONALLY EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT; Page 7