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HOUSEHOLD HAZARDOUS WASTE DISPOSAL AGREEMENT THIS AGREEMENT, made and entered into this /11' day of March, 2001, by the City of Moscow, Idaho, a municipal corporation of the Staaho, (hereinafter referred to as "CITY") and Philip Services Corporation, a Washington Corporation, (hereinafter referred to as "CONTRACTOR") WITNESSETH WHEREAS, CITY desires to provide its citizens with an opportunity to dispose of household hazardous waste (HHW); and WHEREAS, CONTRACTOR is educated, trained and capable of providing the personal services contemplated by this Agreement; and WHEREAS, CITY is conducting a household hazardous waste collection event on the 28'h day of April, 200 I; NOW THEREFORE, CONTRACTOR and CITY agree to the following: I. SCOPE OF SERVICES: CONTRACTOR agrees to execute all of said services in a good, substantial, and workerlike 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 on the day of the event at CITY'S request. 2. Set-up and take-do"n the site selected for tum-in day, with the exception of CITY provided equipment. 3. Go through dry run of tum-in day with all participants the day of the event, at CITY'S request. 4. Provide instructions and safety 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 E.P.A Standards. 7. Load HHW materials on the transportation vehicle. 8. Transport HHW to facilities of Philip Services Corporation for storage while waiting for profile approval from Treatment, Storage and Disposal (TSD) facilities. Household Hazardous W a<>te Disposal Agreement 2001-16 ---PAGE BREAK--- 9. Work directly \>ith approved TSD facihty(s) to arrange for the lawful disposal of CITY'S HHW. 10. Send copies of all manifests and Iabpack inventories to CITY upon final disposal of HHW at TSD facihty(s). Information shall include: all categories and quantities of waste and the treatment and/or disposal used for each waste category. Also include actual revenue collected from CEGs. I 1. Provide one chemist, two technicians and eleven (l I) laborers for the household hazardous waste collection day. 12. Supervise of all aspects of CITY'S household hazardous waste tum-in day. 13. Supply all materials except tent, tables, chairs, traffic cones, signs and carts. II. TERMS AND CONDITIONS: The parties agree that: I. Status of Generator: CITY shall assume the status of generator for all HHW collected at the tum-in day until such time as same HHW has been accepted into CONTRACTOR's northwest facilities, at which time CONTRACTOR shall take title to, and assume status of generator of, same HHW. 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 The CONTRACTOR shall make a reasonable effort to ensure that non-acceptable materials are not accepted for disposal at the tum-in day. 4. Transportation: CONTRACTOR shall transport the waste to CONTRACTOR's TSD. 5. Disposal: All HHW collected by CONTRACTOR at the tum-in day shall be disposed of in accordance with all applicable local, state and federal laws, rules and regulations. 6. Compliance \>ith the laws: 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. 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, CONTRACTOR shall furnish CITY with all applicable documentation upon request. Household Hazardous Wa."tc Disposal Agreement ---PAGE BREAK--- IlL INSURANCE I. CONTRACTOR shall at all times during the term of this Agreement maintain in full force and effect employer's liability, worker'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 ldaho and for policy limits provided below. Before commencement of services hereunder, CONTRACTOR agrees to furnish CITY certificates of insurance or other evidence satisfactory to CITY to the effect that such insurance has been procured and is in force. CONTRACTOR shall further cause 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, fifteen ( 15) days prior written notice shall be given the certificate holder. 2. For the purpose of this contract, CONTRACTOR shall carry the following types of insurance in at least the limits specified below: Coverage Workman's Compensation Employer's Liability Limits of Liability Statutory Requirement $500,000 per occurrence, $1,000,000.00 aggregate Bodily Injury Liability $500,000 per occurrence, $1,000,000.00 aggregate Property Damage Liability $500,000 per occurrence, $1,000,000.00 Liability Hazardous Waste Spill or Pollution 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, CONTRACTOR is an independent contractor and neither CONTRACTOR, its officers, employees, agents or subcontractors shall be deemed in any respect to be employees of CITY. CONTRACTOR shall indemnify, save harmless, and exempt 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 services performed pursuant to this Agreement arising out of willful, negligent, or wrongful acts or omissions of 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. Household Hazardous Waste Disposal Agreement ---PAGE BREAK--- CONTRACTOR shall not be liable for any wanton, willful and intentional wrongful conduct on the part of any volunteer or agent of CITY VI. COMPENSATION: As consideration for the services rendered, CONTRACTOR shall be compensated as set forth in accordance with terms of this Agreement and the rates listed in Appendix A. 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 Appendix A for each type of service include all costs, fees and other expenses associated with services provided herein. VII. ASSIGNMENT: This Agreement may not be assigued or sublet without the prior written consent of either party. Appendices 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. CONTRACTOR, by and through its representative, and CITY, by and through its Mayor and City Clerk, have duly executed this agreement to be effective the day and year above written. FOR THE CONTRACTOR STATE OF · County ) ss. ) On this day of \ , 200 before me a Notary Public in and for said State, apl?eared \ . . u • · known to me to be the I . " . . " v , of Philip Services Corporation, and acknowledged to me that (s)he executed the foregoing agreelt)ent on behalf of the Corporation. I LISA W. NEWPORT ! 345678- - STATE OF WASHINGTON NOTARY-A- PUBLIC My Commission Expires March 1, 2004 Household Hazardous Waste Disposal Agreement ---PAGE BREAK--- Appendix A Rates- Household Hazardous Waste Event Description Setup fee, including all scope of services aud material herein except those listed below: Disposal of lab-pack drums (55 gallon): environmentally hazardous pOisonous oxidizing corrosiVe flammable (liquid) flammable (solid) Disposal of bulked drums containing liquids: chlorinated non-chlorinated Disposal of bulked drums containing flammable solvents/paints: liquid pourable sludge hard sludge Disposal of bulked drums containing aerosols Disposal of drums containing household batteries (55 gallon) Disposal of drums containing soil aud debris Transportation of waste to holding station for repack Transportation of waste to TSD facility(s) following repack Drums: DOT-approved 55 gallon open-head, new DOT-approved 55 gallon open-head, reconditioned (tested) DOT-approved 55 gallon bung-top, new DOT-approved 55 gallon bung-top, reconditioned (tested) Bentonite for open-head drums for packaging waste Household Hazardous Wa.<;te Disposal Agreement unit cost Lump sum $15,000.00 drum 245.00 drum 245.00 drum 280.00 drum 180.00 drum 115.00 drum 450.00 drum 120.00 drum 120 00 inch 7 00/inch drum 275.00 Drum 120.00 Drum 120.00 lump sum no charge lump sum 1.350.00 drum 50.00 drum 19.00 drum 38.00 drum 19.00 drum 5.50 ---PAGE BREAK--- APPENDIX B The following list of wastes cannot be accepted under EPA (Federal) regulations: Radioactive Wastes Explosives Biological or Infectious Waste Conunercial Waste E:\.Household Hazardous Waste\ Waste Disposal Agreement Philip Env. 2000.doc.cb Household Hazardous Waste Disposal Agreement