HomeMy WebLinkAbout4.264 Original ContractCONTRACT BETWEEN THE
CITY OF PORT ANGELES
AND
THE CITY OF SEQUIM
FOR
DISPOSAL OF SOLID WASTE AT THE PORT ANGELES LANDFILL
THIS CONTRACT is made and entered into this day of
1997, by and between the City of Port Angeles, a non-
arter code city of the State of Washington (hereinafter called
e "City and the City of Sequim, a non charter code city of the
State of Washington (hereinafter called the "Contractor
WHEREAS, the Contractor provides collection services for solid
waste generated within Clallam County; and
WHEREAS, Clallam County is charged with the responsibility of
providing for disposal of solid waste generated within the County;
and
WHEREAS, Clallam County and the City of Port Angeles has
agreed that the City will provide landfill disposal services for
the entire County as set forth in the County's Solid Waste
Comprehensive Plan; and
WHEREAS, pursuant to PAMC 13.56.040, the City may negotiate a
special landfill disposal rate for commercial haulers of over 2,000
tons per year based on factors such as reduced landfill services
being utilized by the commercial haulers; and
WHEREAS, the City and the Contractor have in good faith
negotiated this contract 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 contract, the following terms shall
have the following meanings:
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1.1 "Acceptable waste" means all putrescible and non
putrescible waste delivered to the Port Angeles Landfill, 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,
businesses, industrial, and commercial establishments in the area
served by the Contractor. 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 PAMC and does not include "unacceptable waste"
as defined in this contract.
1.2 "Director" means the City of Port Angeles Director of
Public Works.
1.3 "Hazardous waste" means any waste, material, or
substance, the processing or disposing of which would subject
Contractor or City to liability under or would otherwise
contravene:
a. Subtitle C of the Resource Conservation and Recovery
Act of 1976, 42 U.S.C. 6901 et sea, 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 sea,
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.
1.4 "Unacceptable waste" means:
a. Waste that may not be disposed at the Port Angeles
Landfill under any applicable state, federal or local
law, regulation, rule, code, permit or permit condition;
or
b. Hazardous waste; or
c. MSW ash; or
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d. Any other waste expressly excluded from acceptable
waste.
2. Term of Contract.
The term of this contract shall commence on March 18, 1997,
and shall continue until October 31, 1998, 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.
Contractor shall pay City the sum of $63.00 for each ton of
acceptable waste delivered to the Port Angeles Landfill pursuant to
this contract.
4. Payment Procedure.
The City shall bill the Contractor each month for the amount
of services used by the Contractor. The Contractor shall make
payment in full to the City within thirty days of receipt of the
invoice from the City.
5. Weiahina of Waste.
The City shall weigh the waste of the Contractor 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.
6. Oneratina Hours.
The City shall accept solid waste from the Contractor at the
Port Angeles Landfill during the regular business hours as
specified from time to time by the City.
7. Indemnification /Hold Harmless.
The Contractor agrees to indemnify the City, its officers,
officials, employees and volunteers 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
contract is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City, its officers, officials,
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employees, and volunteers, the Contractor's liability hereunder
shall be only to the extent of the Contractor's negligence. It is
further specifically and expressly understood that the indemnifica-
tion provided herein constitutes the Contractor'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.
8. Venue.
The venue of any state court litigation brought under this
contract shall be Clallam County Superior Court.
9. Assianment.
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.
CITY (City of Port Angeles)
av
J fr-y Pomeranz, City Manager
CONTRACTOR (City of Sequim)
NAMLx�AND TIT
M. Thomas Lawell, City Manager
APPROVED AS TO FORM:
ATTEST:
Craig D 7 Knutson, City Attorney
A4tae
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From: Becky Upton
To: GCUTLER
Date: 6/21/01 9 52am
Subject: Upcoming Expirations
Glenn,
Since the topic is so fresh, I went through my record index to determine what
contracts, agreements, etc will be expiring in the near future Although
I'm sure your department is on top of these, I am providing the list only to
serve as a reminders
City Clerk File 4.4 PUD water contract, expires 12/31/01
City Clerk File 4 260 Environmental Waste Systems, setting tonnage rate at
Landfill, expires 12/31/01
City Clerk File 4 264 City of Sequim, setting tonnage rate at Landfill,
expires 12/31/01
I am working with Scott McLain regarding Wheeling Agreements with the PUD
Becky