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H OUSEHOLD HAZARDOUS WASTE DISPOSAL AGREEMENT ;M;L THIS AGREEMENT, made and entered into this day of March, 2000, by the City of Moscow, Idaho, a municipal corporation of the State of Idaho, (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 (HH 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 15th day of April, 2000; 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: 1. Attend organizational meetings on the day of the event at CITY'S request. 2. Set-up and take-down 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 H H W materials on the transportation vehicle. Household Hazardous Waste Disposal Agreement - 1 - ---PAGE BREAK--- 8. Transport H H W to facilities of Philip Services Corporation for storage while waiting for profile approval from Treatment, Storage and Disposal (TSD) facilities. 9. Work directly with approved TSD facility(s) to arrange for the lawful disposal of CITY'S H H W. 10. Send copies of all manifests and Iabpack inventories to CITY upon final disposal of H H W at TSD facility(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. 11. Provide one chemist, two technicians and eleven (11) laborers for the household hazardous waste collection day. 12. Supervise of all aspects of CITY'S household hazardous waste turn-in day. 13. Supply all materials except tent, tables, chairs, traffic cones, signs and carts. II. TERMS AND CONDITIONS: The parties agree that: 1. Status of Generator: CITY shall assume the status of generator for all HHW collected at the turn-in day until such time as same H H W has been accepted into CONTRACTOR's facilities, at which time CONTRACTOR shall take title to, and assume status of generator of, same H HW. 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 turn-in day. 4. Transportation: CONTRACTOR shall transport the waste to CONTRACTOR's TSD. 5. Disposal: All H H W collected by CONTRACTOR at the turn-in day shall be disposed of 1n accordance with all applicable local, state and federal laws, rules and regulations. 6. Compliance with the laws: CONTRACTOR shall conduct all services under this Agreement and dispose of all H H W in compliance with all applicable local, state and federal laws, rules and regulations. Household Hazardous Waste Disposal Agreement ---PAGE BREAK--- 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. IlL INSURANCE 1. 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 Idaho 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 Bodily Injury Liability Property Damage Liability Liability H azardous 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 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, Household Hazardous Waste Disposal Agreement - 3 - ---PAGE BREAK--- 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. 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, lD 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 assigned 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 first above written. FOR HiE CON:TRACTOJ<. . : j /A /f .dv / . 1- · Philip Services Corporatio Household Hazardous Waste Disposal Agreement ---PAGE BREAK--- STATE OF \lJ as 1\S- ) ' ) ss, County of _ . ) On this day of l , 2000, before me a Notary Public in and for said State, appea:ed . lvb Residing at la mntt. w'H My Commission expires: Ju.ne 91 2002. Household Hazardous Waste Disposal Agreement ---PAGE BREAK--- Appendi.x A, p. 1 Fee Schedule - Household Hazardous Waste Event Description Unit Cost Treatment Setup fee, including all scope of services and material herein except those listed below: -staffing option #1 lump sum $15,170.00 Disposal of lab-pack drums (55 gallon): -environmentally hazardous drum $ 245.00 Recycle/A-fuel -poisonous drum $ 245.00 Incineration -oxidizing drum $ 280.00 Treatment -corrosive drum $ 180.00 Treatment -flammable (liquid) drum $ 115.00 A-fuel -flammable (solid) drum $ 450.00 A-fuel/Incineration Disposal of bulked drums containing liquids: -chlorinated drum $ 120.00 Incineration -non-chlorinated drum $ 120.00 A-fuel -antifreeze drum $ 110.00 Recycle -antifreeze (contaminated) drum $ 110.00 A-fuel Disposal of bulked drums containing flammable solvents/paints -liquid drum $ 120.00 A-fuel/Incineration -pourable sludge drum $ 120.00 A-fuel/Incineration -hard sludge drum $8.00 I inch A-fuel/Incineration Disposal of bulked drums containing aerosols drum $ 275.00 A-fuel/Incineration Disposal of drums containing household batteries (55 gallon) drum $ 120.00 Recycle Disposal of drums containing soil and debris drum $ 120.00 Landfill Transportation of waste to holding station for repack lump sum NIA Transportation of waste to TSD facility(s) following repack lump sum $ 1,350.00 Drums: -DOT approved 55 gallon ope_n-head, new drum $ 50.00 -DOT approved 55 gallon open-head, reconditioned (tested) drum $ 19.00 -DOT approved 55 gallon bung-top, new drum $ 38.00 -DOT approved 55 gallon bung-top, reconditioned ( drum $ 19.00 Bentonite for open-head drums for packaging waste drum $ 5.50 ---PAGE BREAK--- Additional Disposal Costs for HHW Disposal a tc· X > "d tv ---PAGE BREAK--- APPENDIXB The following list of wastes cannot be accepted under EPA (Federal) regulations: Radioactive Wastes Explosives Biological or Infectious Waste Commercial Waste E:\Household Hazardous Waste\ Waste Disposal Agreement Philip Env. 2000.doc..cb Household Hazardous Waste Disposal Agreement