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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: 1 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 2 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, 3 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 4 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