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HOUSEHOLD HAZARDOUS WASTE DISPOSAL AGREEMENT THIS AGREEMENT, made and entered into thisè /d day o 4A£ 1995, by the City of Moscow, hereinafter referred to as the 'CITY' and Chern- afe 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 required herein. THE CONTRACTOR SHALL: 1. Attend organizational meetings at CITY's request. 2. Set-up and take-down the site selected for turn-in day. 3. Go through dry run of tum-in day with all participants. 4. Provide instructions and training for job duties performed by volunteers of tum-in day. 5. ClassifY, package, and label materials as per guidelines in 49 CFR Transportation Parts 1 00-199. 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. contra.ct\hhwdisp\dm Household Hazardous Waste Disposal Agreement: Page I 95-24 ---PAGE BREAK--- 9. Work directly with approved T.S.D. facility(s) to arrange for the disposal of the CITY's HHW. 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. II. Provide two chemists, two technicians and two laborers for the household hazardous waste collection day. 12. Supervise of 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: I. 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 natute. 3. Non-acceptable Materials: Non-acceptable materials (see Appendix 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. Household Hazardous Waste Disposal Agreement; Page 2 ---PAGE BREAK--- 6. Compliance with the laws: The CONTRACTOR shall conduct all 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 will all applicable documentation. III. INSURANCE I. 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 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 Household Hazardous Wa.5te Disposal Agreement; Page 3 ---PAGE BREAK--- IV. INDEMNITY: In the performance of the services hereunder, the CONTRACTOR is an independent contractor and neither the CONTRACTOR, its officers, employees, agents or subcontractors shall be deemed in any respect to be employees of the CITY. The CONTRACTOR shall indemnify, save harmless, and exempt the CITY, its officers, agents, servantç. and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees incident to any services performed pursuant to 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 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 disbursed subsequent to approval by the City Council. RATES: Rates as set forth in Appendices A and C for each type of service include all costs, fees and other expenses associated with services provided herein. VII. ASSIGNMENT: This Agreement may not be assigned or sublet without the prior written consent of either party. Appendix A, B and C 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. Household Hazardous Waste Disposal Agreemcm; Page 4 ---PAGE BREAK--- 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: fd" Ralph E. Allphin - President FOR THE CITY: yaa Paul C. Agidius, Mayor /l I} £LIL . (.iff 'LLoJ 'OAnn Allphin - Secretary hI;;L4d Elaine Russell, Ctty Clerk On this Lday of'iV\OYL h 1995, before me a Notary Public in and for said State, appeared Ralph E. Allphin and JoAnn Allphin, 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. Household Hazardous Waste Disposal Agreement; Page 5 ---PAGE BREAK--- APPENDIX A RATES: I. Set-up Fee: Includes all scope of services herein except those listed $9,445.00 2. Disposal of lab-pack drums per invoice 3 Disposal of drums containing liquid for incineration (55-gallon): per per mvmce Oil based per mvmce 4. Disposal of drums containing per mvmce 5. Transportation of waste to Chem-Safe Services, Inc. 2.75/loaded mile 6. Transportation of waste to T.S.D. facility following approval of 2.75/loaded mile PAYMENT: Upon completion of clean-up and exit from site i7,145.66 Upon completion of all work $2,200.00 Household Hazardous Waste Disposal Agreement: Page 6 ---PAGE BREAK--- 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 Household Hazardous Waste Disposal Agreement; Page 7 ---PAGE BREAK--- APPENDIXC Supplies and Materials for Household hazardous Waste Collection Event Personnel Clothing and Safety Equipment QUANTITY TYVEK Suits (white) $5.20 each TYVEK Suits 9.15 each Disposable 1.20/pair Full Face No charge Organic Vapor No charge Rubber I. 75/pair Safety 4.45/pair 3-M Particle No charge Fire No charge Spill Containment No charge No charge Decontamination No charge Site Supplies Packaging Material.. . Open Head Drums . Bung Top Drums . 5-gallon Containers . Barrel Hand Truck . Tarps . Chairs . Tables . Traffic Cones . Laundry Tubs or Cars . Drum Liners . Plastic Bags . Wading Pools . 85-gallon overpacks . . contract\hhwdisp\dm Household Hazardous Waste Disposal Agreement; Page 8 6.00/50 lb. bag 43.00/drum 37.00/drum 10.00 each No charge 500.00 CITY supplies CITY supplies CITY supplies CITY supplies 2.00 each No charge No charge 90.00 each 15.00 each