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WASTE DISPOSAL AGREEMENT THIS AGREEMENT, made and entered into this _Ath day of March , 1991, by the City of Moscow, a M unicipa1 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'. 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 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 4 , 1991, and ending on October 1 , 1991. I . 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. 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 100-199. 6. Profile materials as per U.S. EPA standards. 7. Load materials on the transportation vehicle. 8. Transportation of HHW to Chem-Safe Services, Inc. for re pack. 9. Send all empty drums to the CITY after re-pack. 10. Work directly with approved TSD facility(s) to arrange for the disposal of the CITY'S HHW. 11. Send copies of all paperwork to the CITY upon final disposal of HHW at TSD 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. 12. Provide 2 (two) chemists and 2 (two) laborers on site for the household hazardous waste collection day. 13. Supervision of all aspects of the CITY'S household hazardous waste tum in day. 14. CONTRACTOR will supply safety gear for CONTRACfOR'S employees. CITY will supply safety gear for CITY'S employees. ---PAGE BREAK--- Waste Disposal Agreement Page 2 II. TERMS AND CONDITIONS: 1 . Status of Generator: The CITY will 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 an inorganic nature. 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 tum-in day, but will be accepted for storage by the CITY. 'Disposal' in this paragraph means storage by the CITY of waste packed in drums. 4. Transportation: The CONTRACTOR shall select a transportation company to transport the CITY'S HHW to the CONTRACTOR'S warehouse to re pack the CITY'S HHW and then to an approved TSD facility for disposal. Prior to commencement of the turn-in day the CONTRACTOR shall provide the CITY with the transportation company's certificates of insurance and any necessary documentation to verify compliance with all applicable state and federal laws. 5. Disposal: All HHW collected by the CONTRACTOR at the turn-in day shall be disposed of in accordance with all applicable state and federal laws. 6. Compliance with Laws: The CONTRACTOR shall conduct services under this agreement and dispose of all HHW in compliance with all 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. III. INSURANCE I . The CONTRACTOR shall 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 shall be by 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 tothe effect that such insurance has been procured and is in force. 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 will be given the certificate hold." ---PAGE BREAK--- Waste Disposal Agreement Page 3 2. For the purpose of this contract, the CONTRACTOR shall carry the following types of insurance in at least the limits specified below: Coverages Workmen'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 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, it's 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 a willful or negligent or wrongful acts or omissions of the CONTRACTOR, it's 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 act 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, Wm. A. Smith, City Supervisor, P.O. Box 9203, Moscow, ID 83843. Payment will be disbursed subsequent to approval by the City Council. RATES: Rates set forth in Appendix A for each type of service shall 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 and B are hereby adopted and incorporated into this agreement as if fully set forth. ---PAGE BREAK--- Waste Disposal Agreement Page4 VIII. WAIVER OJ:<3 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. 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 CONTRACTOR: President FOR THE CITY: A TrEST: Elaine Russell, C1ty Clerk ---PAGE BREAK--- Waste Disposal Agreement Page 5 STATE OF ) ) ss County of ) On this day of , 1991, 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--- Waste Disposal Agreement Page 6 APPENDIX A RATES: 1. 2. 3. 4. 5. 6. 7. Set-up Fee: Includes all scope of services herein except those listed below . . . . . . . . . . . . . . . . . . . . . . . . . Disposal of lab-pack drums (55 gallon) . Disposal of drums containing liquid for incineration (55 gallon) Chlorinated Non-chlorinated . Oil based paints . Disposal of drums containing oil . Transportation of waste to Chem-Safe Services, Inc . . Transportation of waste to TSD facility following re-pack . Lab-pack drums before re-pack minus lab-pack drums after re-pack x $50.00 . PAYMENT: Upon completion of clean-up and exit from site . Upon completion of all work contemplated . $6,900.00 per invoice per mvmce per invoice per invoice per invoice per invoice per invoice $4,700.00 $2,200.00 ---PAGE BREAK--- Waste Disposal Agre ment Page 7 NAME Aroclor Asbestol Askarel Chlorextol Diaclor Dykanol Elemex Hyvol Interteen No-Flamol Pryanol Saf-T-Juhl Clop hen DK Fencl or Kennechlor Phenoclor Pyralene Santotherm APPENDIX B LIST OF TRADE NAMES FOR PCB'S NON-HOUSEHOLD WASTE Picric Acid Explosives MANUFACTURER Monsanto American Corp. American Corp. Allis Chalmers Sangamo Electric Cornell Dubilier McGraw Edison Aerovox Westinghouse Wagner General Electric Kuhlman Bayer (Germany) Caffaro (Italy) Cafforo (Italy) Mitsubishi (Japan) Prodelec (France) Prodelec (France) Mitsubishi (Japan)