HomeMy WebLinkAbout5.850 Original Contract
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AMENDMENT TO
INTERLOCAL AGREEMENT REGARDING
PROCESSING OF AUTO HULKS AT THE CITY OF PORT ANGELES REGIONAL TRANSFER
STATION
For and in consideration of the mutual benefits to be derived herefrom the parties recite,
covenant, and agree as follows:
I. Clallam County ("County"), and the City of Port Angeles (the "City");
hereafter, the "Parties," entered into a Interlocal Agreement Regarding Procesing of Auto Hulks
at the City of Port Angeles Regional Transfer Station dated September 19, 2007, which
Agreement is incorporated herein by this reference and may hereafter be referred to as "the
Agreement. "
Sub parts K and L of Section 2 of the Agreement IS hereby amended to read as
follows:
II. Section 2.
K. Require that all aspects of the Operation be covered by insurance. This
requirement for insurance coverage shall be in effect for the duration of the Agreement. This
section is intended to require full, comprehensive insurance against claims for injuries to persons
or damage to property which may arise from or in connection with the performance of the
Operation.
The insurance required by this agreement shall not be construed to limit the liability of
the County or its contractor to the coverage provided by such insurance, or otherwise limit the
City's recourse to any remedy available at law or in equity.
The insurance provided shall include types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles, Coverage shall be written on Insurance Services Office (ISO) form CA
00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage. The
Automobile Liability insurance shall have a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 Oland shall cover liability arising from premises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The Commercial
General Liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate limit.
3. Workers' Compensation coverage as required by the Industrial Insurances laws of
the State of Washington.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any Insurance, self-insurance, or insurance pool coverage maintained by
the City shall be excess of the Contractor's insurance and shall not contribute with
it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
Insurance is to be placed with insurers approved by the City.
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing compliance with these insurance requirements before commencement of the
Operation.
With respect to the Operation, the City shall be named as an insured under the insurance policies
required above.
L. The County shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, expenses, liabilities, injuries, fines,
damages, losses or suits~ including attorney fees, arising out of or in connection with (1) the
Operation or the performance of this Agreement, except for injuries and damages caused by the
sole negligence of the City, or (2) during or in the course of the Operation, the release of any
substance, including petroleum products, categorized as toxic or hazardous by any state or
federal law.
III. Except as provided above, III all other respects the Agreement IS hereby
confirmed and ratified.
IN WITNESS HERE OF, this agreement is executed by Clallam County and by the City
of Port Angeles, Washington. .
2
Dated this /2!!ctay of V /I ., 2007.
CITY OF PORT ANGELES
n A. Rogers, Mayor
Attest:
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Becky Upto Cit Clerk
AHJPproved As Tio ~~
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Wilham E. Bloor, City Attorney
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Dated this ~ day of Dee". ,2007.
CLALLAM COUNTY BOARD OF
COMMISSIONERS
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ael C. Ch
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Hotf" Doherty Jr., Commissioner
I
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Mark Nichols, Chief Deputy Prosecuting Attorney
Attest:
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Trish Holden, Clerk of the Board
G:\Legal_ Back up\AGREEMENTS&CONTRACTS\2007 Agrmts & ContractsVunk Vehicles InterJocal-Amendment# 1.120707.doc
December 13, 2007
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5.850
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INTERLOCAL AGREEMENT REGARDING
PROCESSING OF AUTO HULKS AT THE CITY OF PORT ANGELES
REGIONAL TRANSFER ST AnON
THIS AGREEMENT is executed by and between Clallam County
("County"), and the City of Port Angeles (the "City"); for the purpose of securing
the use of the City solid waste landfill site for the compaction and removal of junk
vehicles from the City and County. The Parties enter into this Interlocal
Agreement ("Agreement") effective as of the date set forth in Section 6(A) of
this agreement for the purposes and under the terms contained herein.
WHEREAS, the Parties have cooperated in developing and
implementing the County's Comprehensive Solid Waste Management Plan ("the
Plan") pursuant to Chapters 35.21, 36.58 and 70.95 RCW on behalf of the County
and the City; and
WHEREAS, the Plan recommends removal and recycling of junk vehicles;
and
WHEREAS, both the City and the County have ordinances that regulate
junk vehicles; and
WHEREAS, the County and City have determined that there are
approximately 8,000 to 10,000 junk vehicles in the County and City; and
WHEREAS, the County and City have taken steps to clear the titles, arrange
towing and crushing for many of these vehicles; and .
WHEREAS, a site suitable for this operation is needed; and
WHEREAS, the former metal recycling area at the City landfill has an
area where the storage and crushing of junk vehicles can be safely and properly
conducted; and
WHEREAS, this activity will promote the health, safety and welfare of the
County's and City's residents; and protect the natural environment throughout the
County; and
WHEREAS, the Parties are authorized and empowered to enter into
this Agreement pursuant to Chapters 39.34 and 70.95 RCW.
THEREFORE, in consideration of mutual promises and covenants herein,
the City and County agree:
8/21/07
Page 1
Section 1. Definitions: Except for the terms defined in this section, and unless
the context indicates otherwise, for the purposes of this Agreement and any related
agreements, the Parties shall use the definitions found in RCW 70.95.030 and
WAC 173-350, as they may be amended.
"Agreement" means this interlocal agreement.
"City" means the City of Port Angeles.
"County" means Clallam County, Washington.
"Ecology" means the Washington State Department of Ecology or its
successor agency.
"Junk vehicle," means a vehicle certified under RCW 46.55.230, as now
enacted or hereafter amended, as meeting at least three of the following
requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any
of the following: a broken window or windshield; or missing wheels, tires;;
motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to the approximate
value of the scrap in it.
"Operation" means the short term storage or stockpiling of junk vehicles, the
crushing of those hulks, and the loading and export of crushed vehicles from
the County.
Section 2. Responsibilities of the Countv. In return for the use of the former metals
recycling/yard waste/drop box areas of the City landfill for short term storage and
crushing of junk vehicles, the County shall:
A. Research titles, take the proper steps to notify last registered owners that the
vehicles are considered junk or hulks, following the procedures outlined by
the County Junk Vehicle Public Nuisance Ordinance (CCC 19.60.)
B. Obtain a Temporary Use Permit from the City and assure that all conditions
associated either with that permit and any SEP A conditions pertaining to the
operation are adhered to. Additionally, the site is within the area permitted
for a Decant Facility under county Permit Number SLW 2007-002. If any
change to that Permit is required before conducting Operations, the County
shall prepare and submit any required amendments or modifications to the
Permit and pay any fees required for this change.
8/21/07 Page 2
B. Ensure that all vehicles transported and crushed contain no solid waste.
C. Execute the contractual relationships necessary with properly licensed,
insured and bonded towing and crushing companies, providing copies of
these agreements to the City for review and approval before the Operation
commences. Ensure that crushing equipment is designed to contain fluids
from the vehicles, and is properly licensed by the State.
D. Monitor all aspects of the Operation to ensure it is conducted properly, .
safely, and in accordance with this Agreement and all permit conditions.
E. Ensure that spills and litter are properly attended to at the site and
maintain a spill kit at the site of the crushing operation.
F. Monitor the Operation to ensure that it does not interfere with the normal
use and functions conducted at the site.
G. Ensure that the operator adheres to any and all directions from the City
and permit conditions regarding the use of the site.
H. Ensure that the site is used for junk vehicle crushing no more than six
weeks at a time and no more than four times per year.
I. Clean up any spills or litter left at the site immediately after each use and
shall sweep the lot after each use.
J. Pay the City a fee of $1 0.00 per vehicle crushed at the site. .
K. Require that all aspects of the Operation be covered by insurance. This
requirement for insurance coverage shall be in effect for the duration of the
Agreement. This section is intended to require full, comprehensive insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the Operation.
The insurance required by this agreement shall not be construed to limit
the liability of the County or its contractor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
The insurance provided shall include types described below:
1.
Automobile Liabilitv insurance covering all owned, non-owned,
hired and leased vehicles, Coverage shall be written on Insurance
Services Office (ISO) form CA 0001 or a substitute form
providing equivalent liability coverage. If necessary, the policy
8/21/07
Page 3
.'
shall be endorsed to provide contractual liability coverage. The
Automobile Liability insurance shall have a minimum combined
single limit for bodily injury and property damage of $1 ,000,000
per accident.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 Oland shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25
03 11 85. The Commercial General Liability insurance shall be
written with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate limit.
3 . Workers' Compensation coverage as required by the Industrial
Insurances laws of the State of Washington.
4. Environmental hazards coverage, in a form and amount approved
by the City.
The insurance policies are to contain, or be endorsed to contain, the following
provlSlons:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the
Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
Insurance is to be placed with insurers approved by the City.
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing compliance with these insurance requirements
before commencement of the Operation.
With respect to the Operation, the City shall be named as an insured under the
8/21/07
Page 4
".
insurance policies required above.
L. The County shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries,
fines, damages, losses or suits including attorney fees, arising out of or in
connection with the Operation or the performance of this Agreement, except for
injuries and damages caused by the sole negligence of the City.
The City shall defend, indemnify and hold the County, its officers,
officials, employees and volunteers harmless from any and all claims, injuries,
fines, damages, losses or suits including attorney fees, that arise out of or result
from the sole negligence of the City committed in the Operation or the
performance of this Agreement.
M. At the conclusion of each crushing operation, clean and rehabilitate the
area used for or in connection with the operation as directed by and to the
satsifaction of the City.
N. Supervise the contractor( s) during all operations, and the County Code
Compliance Officer shall be on site when the contractor(s) is working before or
after normal working hours at the transfer station.
O. The County shall make available the Sheriffs Chain Gang to remove any
and all solid waste from City vehciles to be disposed of under this agreement.
Solid waste may be disposed of at the Regional Transfer Station at no cost.
P. A minimum 15% of the vehicles disposed of during anyone event shall be
from within the City of Port Angeles limits.
Section 3. Responsibilities of the City of Port Angeles. The City of Port Angeles
shall:
A. Designate an area or areas totaling approximately one-half acre for the
short term storage and crushing of junk vehicles.
B. Make the site available to the County and its operators during and after
normal transfer station operating hours; and
C. Monitor the junk vehicle activities to ensure that the operation does not
interfere with the planned City uses of the site.
D. For City vehicles only, research titles, take the proper steps to notify last
registered owners that the vehicles are considered junk or hulks, following
the procedures outlined by city ordinance.
Section 4. Trial Operation. The initial use of the site will last no longer than six
8/21/07 Page 5
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weeks, and will be considered a trial operation. The trial shall begin on or after
September 17, 2007 and shall conclude not later than six weeks after commencement
of the trial beginning During this trial operation the City will determine whether or not
the operation is adequately managed, safely conducted, and is conducted in such a
manner so as not to cause undue disruption of existing and planned City activities at
the site. The City in consultation with the County has the sole and final decision as to
whether the trial operation is successful.
If the City determines that the trial operation is not successful, then the City may
either:
I) determine any additional requirements for the operation that must be followed
during any future use of the site for processing automobile hulks; or
2) terminate this agreement and any additional use of the site for crushing of junk
vehicles.
Section 5. Permitting. For the initial use ofthe site the City will apply for and process
a Temporary Use Permit (TUP) to allow the activity to continue for no more than one
year. If the County desires to extend the Operation beyond the one year period, the
County shall apply for an Unclassified Use Permit (OOP) per section 17.96.060 of the
Port Angeles Municipal Code to extend the period of operation beyond one year.
Such application shall be submitted no less than 6 weeks prior to the expiration period
of the TUP.
Section 6. Term of Agreement. The City may terminate the agreement early by
giving six months notice anytime during the life of the agreement. This agreement
shall terminate on December 31, 2010 provided, however, the City may exercise its
option in Section 4 above to terminate the agreement after the trial period; and the
City, in its sole discretion, may terminate this agreement at the end of any calendar
year; and the City may terminate this agreement at any time if in its sole discretion it
determines that the operation is unsafe or the results in environmental harm.
Section 7. Miscellaneous Provisions
A. Effective Date: This Agreement shall take effect the first date on which all
Parties have taken all necessary action to authorize and execute this
Agreement.
B. Amendment. This Agreement may be amended only in writing and only by
agreement of all Parties except as set forth in this section.
C. Non-Waiver: No waiver by any Party of any term or condition of this
Agreement shall be deemed or construed to constitute a waiver of any
other term or condition or of any subsequent breach whether of the same
or of a different provision of this Agreement.
8/21/07 Page 6
" '. .'"
D. Counterparts: This Agreement may be executed in two or more
counterparts, and each such counterpart shall be deemed to be an original
instrument. All such counterparts together will constitute one and the
same Agreement.
IN WITNESS HERE OF, this agreement is executed by Clallam County and by the City
of Port Angeles, Washington.
Dated thisl!/!!cray of ~ 2007.
1).11\ S:!
Dated this LL day of p t , 2007.
CLALLAM COUNTY BOARD OF
COMMISSIONERS
CITY 9F PORT ANGELES
~L '--IZ :.
Stephe . Tharinger, Chair . I
Attest:
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Approved As To Form:
?<7U 7cL
Mark Nichols, Chief Deputy Prosecuting Attorney
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8/21/07
Page 7
LEGAL
DEPARTMENT
William E. Bloor
City Attorney
[4531 ]
Dennis Dickson
Sf. Assistant City
Attorney
[4532]
Heidi L. Greenwood
Assistant City Attorney
[4562]
Candace Kathol
Legal Assistant
[4536]
Diana Lusby
Legal Administrative
Assistant
[4530]
Jeanie DeFrang
Legal Administrative
Assistant
[4530]
RandiFelton
Legal Records
Specialist "
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WAS H I N G TON, U. S. A.
DATE:
December 28, 2007
TO:
Glenn A. Cutler, Director of Public Works & Utilities
Bob Coons, Risk Manager
BecKy.Dpton~.City~_CJetJ.5J
FROM:
William E. Bloor, City Attorney
RE:
DBA RMB Auto Wrecking & Salvage - Liab. Ins.
Auto Car Crushing Agreement with County
Attached is a copy of a Certificate of Liability Insurance for the above.
Mailed without signature to
expedite delivery
William E. Bloor;
qty Attorney
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ICIAAitl INS~A: SCOTTSDALE INSUFlAHCE COMPANY
RICHARD BALLARD JNS~B:
DBA RMB AUTO WRECKING & SALVAGE Ip.lS~C:
1920 S 11 TH STREET INSlJlER D: ,
I UNION OAP, WA 98903 INSlREP E:
COVEI'.AGES
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ADDITIONAL INSURED
crn- OF PORT ANGELES
CALLAN COUNTY DEPARTMENT OF COMMUNITY
DEVELOPMENT CALLAN COUNTY COURT
223 E 4THST, SUITE 5
PORT ANGLES. WA98362
ACO.D 25 (2001108) 61.9o - q \ -=t - ~ ~ l..\ 3
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IMPORT ANT
If the certificate holder Is an ADDITlONAllNSURED, the policy(ies) must 00 endorsed. A statement
on this certificate does not confer rights. to the certificate holder in lieu of such endorsement(s).
If SUBROOA TlON IS WAIVED, subj~t to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to ttle
certificate holder in lieu of such endor'$ement(s}.
DISCLAIMER
The Certificate of Insurance on the reverse side of ttlis form does not constitute a contract betw~n the
issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend Of alter the coverage afforded by the policies listed thereon.
ACORD 25 (20011981