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HomeMy WebLinkAboutWaste Management of Washington Inc dba RST Disposal AG-S-036G ' CITY OF AUBURN AGREEMENT FOR EMERGENCY SERVICES AG-S-036 THIS AGREEMENT FOR EMERGENCY SOLID WASTE HANDLING (the "Agreement"), is made and entered into as of ~►.~,aa~ a`~+, 2010 (the "Effective Date") by and between Waste Management of Washington, Inc., d/b/a RST Disposal ("Contractor") and the City of Auburn, a municipal corporation of the State of Washington ("City"). The parties shall be collectively referred to herein as the "Parties" and individually as a"Party," unless specifically identified otherwise. RECITALS WHEREAS, the United States Army Corps of Engineers has declared that the flood control capabilities of the Howard Hanson Dam have been diminished and that local communities should plan for flooding on the Green River during the 2009 and subsequent flood seasons; and WHEREAS, on August 31, 2009 the Auburn City Council of the City of Auburn adopted Resolution 4519, declaring a local emergency relating to the flood control capabilities of the Howard Hanson Dam and possible flooding on the Green River during the 2009 and subsequent flood seasons, followed by a separate declaration of emergency issued by the Mayor; and WHEREAS, The Parties recognize that flooding of the Green River ("Emergency Events") may impact the City in the future, causing significant damage to private and public property and resulting in a significant amount of debris related to such Emergency Bvents ("Emergency Event Debris") within the City; and WHEREAS, it is in the best interests of the Parties to have a plan in place to dispose of such Emergency Event Debris, when and if an Emergency Event arises, AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties mutually agree, represent, and warrant as follows: 1. Emergency Events and Emergency Event Debris. In the event that the City reasonably determines that an Emergency Event has occurred, it shall notify the Contractar in writing and request assistance pursuant to the terms of this Agreement. Contractor shall use commercially reasonable efforts to provide the additional services set forth under this Agreement in a timely matter. 2. Contractor's Responsibilities. a. Pursuant to the terms of this Agreement, Contractor will coordinate with the City to identify locations within the City that have been severely impacted by the Emergency Event where Emergency Event Debris has been generated. Thereafter, Contractor will work with the City to determine an appropriate location and hours of operation within the City for the placement of drop box(es) to receive Emergency Event Debris. AG-S-036 Page l of 4 b. Contractor and City will determine an estimated duration and hours of operation that the solid waste drop box(es) will remain at that location. c. Contractor agrees that it will either remove the drop box(es) at the end of the operating hours each day or, if left in place beyond the operating hours agreed upon by Contractor and the City, secure the drop box(es) to ensure against illegal dumping or other misuse. d. All Emergency Event Debris material received by Contractor in the drop box(es) shall be delivered to the King County Disposal System. Upon arrival at a King County Transfer Station scale house, Contractor agrees that it will specify that the Emergency Event Debris collected falls under the "King County Emergency Program" account (if applicable) and will identify the origin of the Emergency Event Debris so that the incoming tonnage can be appropriately charged (if applicable). 3. City's Responsibilities. a. The City is responsible for notifying its citizens of the availability and location of the drop box(es), the dates of availability, hours of operation, and the terms related to which types of materials are acceptable as Emergency Event Debris. The City, with Contractor's cooperation and input, shall issue a press release notifying the public of the opportunity to utilize Contractor's drop box(es), and that such use is limited to impacted City residents (and residents who live in adjacent areas of unincorporated King County if the City and Contractor _ _so _agree). b. The City agrees to provide attendants who will screen the Emergency Event Debris to protect against disposal of unacceptable or hazardous waste pursuant to King County Waste Acceptance Rule PUT 7-1-5 (PR) ("Unacceptable Waste"). If the City is not able to provide staffing for screening, the Contractor may provide workers to conduct such screening at its WUTC hourly labor rate. c. The City will reimburse Contractor for all services performed under this Agreement and for all Emergency Event Debris hauled under this Agreement in accordance with Contractor's applicable WUTC rates for such services. In addition, the City shall reimburse Contractor (or pay King County directly) for all disposal fees incurred under this Agreement. The City will reimburse Contractor for fees incurred under this Agreement within 30 days of receipt of an invoice. 4. Joint Responsibilities. a. The City and Contractor shall each designate a representative who is responsible for coordinating activities and decision-making under this Agreement, and these representatives shall be jointly responsible for overseeing performance under this Agreement. The City and Contractor will cooperate and coordinate in identifying the appropriate number and location of the drop box(es) in the City, and the hours of operation during which time the drop box(es) will be open and available for victims of the Emergency Event. b. Contractor and City agree that they will use good faith efforts to screen materials and will not knowingly accept Emergency Event Debris that contains Unacceptable Waste. Contractor AG-S-036 Page 2 of 4 shall have no obligation to haul or handle any Unacceptable Waste. Both Parties agree that if any Unacceptable Waste is placed in Contractor's solid waste drop box(es), title to such Unacceptable Waste shall not pass to Contractor but shall remain with the generator of such Unacceptable Waste, or if the generator cannot be identified, then the City shall remain responsible for all costs of managing such Unacceptable Waste; provided, that should workers provided by the Contractor under 3(b), above, allow any Unacceptable Waste to be placed in Contractor's solid waste drop box(es), the Contractor shall be responsible for all costs of managing such Unacceptable Waste. 5. Indemnification and Hold Harmless. To the maximum extent permitted by law, each Party shall protect, defend, indemnify and hold harmless the other Party, its officers, appointed or elected officials, employees, agents, directors, subsidiaries and shareholders from and against any and all suits, liability, costs, claims, actions, losses, penalties, judgments, and/or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the collection of Emergency Event Debris pursuant to the terms of this Agreement that are caused , by or resulting from each Party's own negligent acts or omissions, and except to the extent of the negligent acts or omissions of the other Party. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically - ---negotiated and agreed upon by them: In the event of litigation-between the_Parties_to enforce the rights under this Agreement, reasonable attorney fees shall be allowed to be awarded to the prevailing party. 6. Duration and Termination. This Agreement shall become effective on the date of its execution, set forth above and will remain in effect for one year or until terminated in writing by the City, at its sole discretion. Additionally, the Parties may agree in writing to extend the term of this Agreement upon mutual consent. 7. Dispute Resolution. In the event that the City and Waste Management disagree over whether either Party has fulfilled its obligations under this Agreement, the Parties agree that they will• attempt to resolve the disputed matter(s) through mutual negotiation. In the event that the Parties are not able to reach an agreement through such negotiation, the Parties agree to engage in non-binding mediation in order to resolve the dispute. Mediation may be requested by either Party, and shall be attempted prior to the institution of any lawsuit arising under the Agreement. The Parties agree to share the costs of inediation equally. Venue for any litigation arising out of or related to this Agreement shall vest in the Superior Court of King County, Washington. 8. Changes or Modifications. Either Party may request changes, amendments, or additions to any portion of this Agreement; however, no such changes, amendments, or additions to any portion of this Agreement shall be valid or binding upon either party unless it is in writing and approved by both parties. All amendments shall be made part of this Agreement. 9. Notices. Unless otherwise directed in writing, notices, reports and payments will be delivered to each party as follows: AG-S-036 Page 3 of 4 CTTY OF AUBURN WASTE MANAGEMENT Attn: Joan Clark Attn: Susan Robinson 25 West Main Street 801 2"d Ave, Ste 614 Auburn, WA 98001 Seattle, WA 98104 Notice mailed by either party shall be deemed effective two business days after the date mailed. Either party may change its address for receipt of reports, notices, or payments by giving the other written notice of not less than five (5) days prior to the effective date. 10. Not Joint Venturers. Nothing in this Agreement shall be construed to render the Parties partners or joint venturers. Il. Entire Agreement. The provisions in this Agreement represent the entire and integrated agreement of the parties and may not be modified or amended except as provided herein. Any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12. Counterparts. This Agreement, including a facsimile or photocopy hereof, may be executed in one (1) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute-but one (1) -and the same instrument. IN WITNESS WHEREOF, the Parties enter into this Amendment as of the date first set forth above. C Y OF AUB ~ Peter B. Lewis, Mayor WASTE MANAGEMENT OJF-WASHINGTON Signature Name: -beoo) Attest: ? Danielle Daskam, City Clerk Ap roved as f Daniel B. flu ' , ity Attorne Title: A0.~.P. ~1? Federal Tax ID No. AG-S-036 Page 4 of 4 A 3 . 16.9 * F * ewis, Mayor Xfj * BURN Peter B. L * WASHINGTON 25 West Main Street * Aubum WA 98001-4998 * www.auburnwa.gov * 253-931-3000 February 18, 2010 Susan Robinson Waste Management of Washington 801 2"d Avenue, Suite 614 Seattle, WA 98104 RE: Agreement No. AG-S-036 Emergency Solid Waste Handling Contract Execution Dear Ms. Robinson: CIT`( OF AUBURN CITY 0E FPK~ ~FROF FEB 25 2010 Enclosed please find a fully-executed original of the above-referenced Agreement. This agreement is effective on the date of its execution and will remain in effect for one year or until terminated in writing by the City. Please refer to the enclosed agreement for further information. For the City's tracking and record keeping purposes, please reference AG-S-036 on all correspondence and related material. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253-931-5103. Sincerely, Vnlark Solid Waste & Recycling Coordinator Public Works Department JC/ja/hm Enclosure cc: Dani Daskam, City Clerk AG-S-036 AT TRT TR M * MORE THAN YOU IMAGINE]