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Home My WebLink About5.470 Original Contract S. -<170 '. . INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND JEFFERSON COUNTY FOR DISPOSAL OF SOLID WASTE AT THE Port Angeles Landfill THIS INTERLOCAL AGREEMENT in made and entered into this ~ay of 1998 by and between the City of Port Angeles, a non-charter code city of the State Washington (hereinafter called the "City"), and Jefferson County, a political subdivision of the State of Washington (hereinafter called the "County"). I . WHEREAS, in lieu of long hauling its solid waste to a regional landfill, the County has proposed disposing of its solid waste at the Port Angeles Landfill at a rate slightly reduced from what the County would have to pay for long hauling; and WHEREAS, it is in the best interest of the City and its landfill customers to accept the County's solid waste at a special reduced rate for a limited period of time in order to help fund closure and post closure activities as required by state and federal law and thereby ultimately reduce the burden on existing and future customers of the Port Angeles Landfill for such costs; and WHEREAS, the City and the County have in good faith negotiated this interlocal agreement for the disposal of solid waste in the Port Angeles Landfill; NOW, THEREFORE, in consideration of the above-representations and the terms, . conditions, covenants, and agreements set forth below, the parties hereto agree as follows: 1. Definitions. For the purposes of this agreement, the following terms shall have the following meanings: 1.1 "Acceptable waste" means all putrescible and non-putrescible waste delivered to the Port Angeles Landfill in the area designated by the City, including but not limited to garbage, rubbish, refuse, ashes, paper, cardboard, and other solid waste that is normally disposed of by and originating from the occupants of residential dwelling units and commercial establishments in the area served by the County The term "acceptable waste" includes materials and substances that are authorized to be deposited in the Port Angeles Landfill in accordance with Title 13 of the Port Angeles Municipal Code but does not include materials and substances that are prohibited from disposal in the Port Angeles Landfill by Title 13 P AMC and does not include "unacceptable waste" as defined in this agreement. - 1 - '. . 1.2 "Hazardous waste" means any waste, material, or substance, the processing or disposing of which would subject County or City to liability under or would otherwise contravene. a. Subtitle C of the Resource Conseryation and Recovery Act of 1976, 42 U S C. 6901 et seq, as amended, and regulations promulgated thereunder; b. The Toxic Substances Control Act, 15 U.S.C. 2601 et seq, as amended, and regulations promulgated thereunder; c. The Comprehensive Environmental Response Compensation and Liability Act of 1980,42 U.S.C. 9601 et seq, as amended, and regulations promulgated thereunder; d. Chapters 70.015 or 70.105D RCW as amended, and regulations promulgated thereunder; or e. Any other federal or state law or regulation governing the treatment, storage, handling, or disposal of solid waste or hazardous or dangerous waste, materials, or substances. 1.3 "Unacceptable waste" means: a. Waste that may not be disposed at the Port Angeles Landfill under ~y applicable state, federal or local law, regulation, rule, code, permit or permit condition; or b. Hazardous waste; or 'c MSW ash; or d Any other waste expressly excluded from acceptable waste. 2 Term of Contract. The term of this contract shall commence on August 14, 1998 and shall continue until March 15, 1999 or until such additional time as the parties may agree by a written amendment extending this contract for an additional period based on mutually acceptable terms and conditions 3 Consideration. County shall pay City the sum of $3 1.50 for each ton of acceptable waste delivered to the -2- '. . Port Angeles Landfill at the area designated by the City pursuant to this contract 4. Payment Procedure. The City shall bill the County each month for the amount of services used by the County. The County shall make payment in full to the City within thirty days of receipt of the invoice from the City 5. Weighing of Waste. The City shall weigh the waste of the County using certified scales. Tare weights from the City's scales will be acceptable in determining the net weight of solid waste delivered to the Landfill The net weight from the City's scale tickets shall be the basis for billing under this contract. The City shall keep a copy of all tare weight slips on file for three months. The tare slips shall be made available to the County for audit upon request. Tare slips shall be signed by the truck driver upon leaving the City's landfill. 6 Operating Hours. The City shall accept solid waste from the County at the Port Angeles Landfill during the regular business hours as specified from time to time by the City. 7. Indemnification/hold harmless. The County agrees to indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4 24 115, then, in the event ofliability for damages ,~rising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the County and the City, its officers, officials, employees, and volunteers, the County's liability hereunder shall be only to the extent of the County's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the County's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this contract. The City agrees to indemnify and hold the County, its officers, agents and employees harmless from all suits, claims or liability of any nature including but not limited to, attorney's ~ees, costs, and expenses, for or on account of injuries or damages sustained by any persons or - 3 - ". . I 4 ,,, ...~... property resulting from the acts or omissions of the City, its agents or employees in connection with the administration and implementation of this agreement. 8. Venue. The venue of any state court litigation brought under this agreement shall be Clallam County Superior Court. 9. Assignment. Neither party may assign, transfer or otherwise vest another company, entity or person any of its rights or obligations under this contract without the prior written consent of the other party. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first written above. JEFFERSON COUNTY BOARD OF COMMISSIONERS CITY (City of Port Angeles) AL ~ !./t-91 GLEmt HUNTINGFO , HAlRMAN ~~~ GAR);'i ,MAYOR ~/1J~9f ATTEST: tkQ CLERK OF THE BOARD D AS TO FORM APPROVED AS TO FORM L \J\/\t ~ "iL1 UTY PROSECUTING ATTORNEY ~ ~ ~-=- '<J~ CITY A ORNEY A \W ASTE.CON ~~ Klara Fabry, P.E. Bublic Works Director/Cou -4- 5. </70 .. JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS P.O. Box 2070 1322 Washington St. Port Townsend, WA 98368 (360) 385-9160 Frank Gifford, Public Works Director/County Engineer April 14, 1999 Jack N. Pittis Director of Public Works P.O. Box 1150 321 East Fifth Street Port Angeles, W A 98262-0217 Dear Mr. Pittis, Jefferson County has completed the AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND JEFFERSON COUNTY FOR THE DISPOSAL OF SOLID WASTE AT THE Port Angeles Landfill. An original of this document is attached for your files. We thank the City of Port Angeles for their participation in the Interlocal Agreement that diverted Jefferson County's solid waste to the Port Angeles Landfill over the past months. Jtl J/; Frank Gifford~ Public Works Director/County Engineer, Interim C.C.: Aubrey Palmer, Operatlons Manager Frank Hall, Sohd Waste Speclahst Dennis Bates, Assistant S.W Foreman file C:/PA Landfill/Jack Piths/]ackpIt4.14.99 100% Recycled Paper Oz:.~ IV) ?W~. a,,(? " ... . AMENDMENT TO lliTERLOCALAGREEMENTBETWEENTHE CITY OF PORT ANGELES AND JEFFERSON COUNTY FOR DISPOSAL OF SOLID WASTE AT THE Port Angeles Landfill WHEREAS, the City of Port Angeles ("City") and Jefferson County ("County") entered into a contract for solid waste disposal dated August 4, 1998 for a period of eight months, and WHEREAS, the contract will expire on March 15,1999, and WHEREAS, it is the desire of the City to accept solid waste from the County, and it is the desire of the County to continue to dispose of its solid waste at the Port Angeles Landfill through April 29, 1999; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth in that certain agreement between the parties dated August 4, 1998, the term of this Interlocal Agreement shall continue until April 29, 1999 or until such additional time as the parties may agree by a written amendment extending this agreement for an additional period based on mutually acceptable terms and conditions. IN WITNESS WHEREOF, the parties hereto have executed mtension Ofth~ Agreement for disposal of solid waste at the Port Angeles Landfill on the / ;J. day of , , 1999. CITY OF PORT ANGELES C\ ~(~~. MAY\)R ATTEST: J)IU~ -l.;!pto "- Becky J. n, Ity Cler =-VD AS TO FORM: I~_~KJ ~ City Attorney ~ N IPWKSISWASI'ElLANDFILLIJEFFCO\CONEXT 399 Inc.er:La