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HomeMy WebLinkAboutCity of Algona Decant and Street Sweeping CONTRACY FOR SERVICES BETWEEIV THE CITY OF ALGOIVA AND 7'HE CITY OF AUBURN FOR DECANT FACILITIfS tJSAGE AND STREET SWEEPING SERVICES THIS AGREEMENT is made and executed by and between the City of Algona, a Washington Municipal Corporation, hereafter designated as "Algona," and the City of Auburn, a Washington Municipal Corporation, hereafter designated as "Auburn." WHEREAS, Algona has inadequate facilities to properly handle the Waste Materials produced as a result of their Public Works street sweeping and Vactor maintenance _ activities; and ----WH_EREAS, Auburn-has sufficient capacity -at their decant facilityto handle the Algona-- Waste Materials. NOW, THfREFORE, for the consideration stated in this Agreement, Algona and -Aubum do agree as follows: 1: PIJRPOSE.: Tfie purpose of this Agreement is to provide for proper handling, processing and . disposal of Street Sweeper and Vactor truck materials,'herein referred to as "Waste Materials° generated by Algona. . . 2. IZESPONSIBILITIES The City of Algona> shall deliver Waste Materials to the City of Auburn Maintenance & Operations facility, currently located at 1305 C Street SW during the hours of 7:00 am and 3:00 pm. = The unfoading of the Waste Material by Algona at the Auburn Facility is fo be done under, the supervision of an Auburn employee at the decant facility. Algona . will only.send operators to use the.decant facility that have been properly trained by Auburn on the safe and efficient use of the facility and dumping of materials. If conditions at the Auburn decant facility require, Auburn reserves the right to request Algona to retain its Waste Materials until such time as the conditions at the facility allow Auburn to accept the Waste-Materials again. Auburn will give Algona as much'advance notice of these conditions as is practicable. Auburn further reserves the right to reject any individual shiprnent of Waste Maferials. CONTRACT FOR DECANT FACILITIES USAGE Page 1 of 5 . Auburn wili provide for the dewatering and the disposal of the Waste Materials in compliance with all local, state, and federal permits pertaining to the dewatering and disposal of such Waste Materials. 3. VOLUNIE Auburn shall accept from Algona's Waste Materials in the following volumes: not to _ exceed 20 tons per month or a total of 150 tons per year as measured at Auburn's truck scale. Auburn rnay accept Waste Material from Algona that exceeds these volurnes upon the review of a written request from Algona. All such requests shall be made to Auburn's Public Works Maintenance and Operations Manager thirty (30) days in advance of proposed delivery ofi such additional Waste Materials. 4. COST FOR SERVICES Algona shall pay Auburn $30.00 per month base fee for administration costs and $65.00 . per ton of Waste Material for processing, testing and disposal fee (measured as scale weight). Auburn will bill Algona on a quarterly basis. B Sweeping. Senrices. Auburn will provide street sweeping services on an as needed basis to the city of Algona at the rate of $80.00 per hour fqr sweeper and operator; this does not include fees for. 1Naste Maferial generated from sweeping. Auburn reserves the right to increase the5e fees in response to increases in labor, disposal, and regulatory costs. Auburn shall give Algona a sixty (60) day advance written notifcation ,of any pending fee increases. , 5. DECANT FACILITY IMPROVEMENTS Auburn'iiv'ill purchase and install a small truck scale, to be installed near the decant facility that will be the officiat scale for measuring incoming Waste Material after wafer has been decanted from the vehicle. Algona shall pay Auburn a one-time amount of `$3,000 toward the cost of the truck scale, installation and other improvements. Algona recagnizes that the capacity of Aubum's decant fac9lity, is limited and that additional capacity will need_ to be provided, as both Cifies waste disposal needs continue to grow, in order to provide long-term service to Algona. Algona will also agree to participate in planning and funding of long term capacity improvements to the decant process in Aubum, including but not limited to improvements to the existing facility, installation of additional facility or other means to CONTRACT FOR DECANT FACILITIES USAGE . Page 2 of 5 . add additionai capacity. By way of example only, and not by way of limitation, the City of Algona and the City of Auburn contemplate that subsequent amendments or agreements might address the following types of issues: planning, design and construction costs for the improvement to the existing decant facility or construction of a new decant facility. The parties agree that Auburn will act as lead entity in ttie all aspects of the irnprovement project. Auburn will consult with Algona for the purposes of determining Algona's future needs and Algona's desire to participate in an improved facility. 6. TERNI The duration of this Agreement shall be for three (3) years. The Agreement may be terminated by either party by providing a one,hundred twenty (120) days written notice to the other party. 7. _ REOP__.._ENE...._.R__- Either party may request that any provision of this Agreement can be renegotiated by submitting a written request with fourteen (14) days advance notice. S. HOLD HARMLESS AND INDEMNIFICATION Algona shall defend, indemnify, and hold Auburn, its officers, employees and volunteers harmless from any and all claims, injuries, damages, costs or expenses including attorney fees arising out of or in the course of performance of this Agreement which may be occasioned by any willful or negligent act or omission of Algona or any of . Algona's employees or agents. Auburn.,shall defend, indemnify, and hold Algona, its officers, employees and volunteers harmless from any and all claims, injuries, damages, costs or expenses including attorney fees arising out of or in the course of performance of this Agreement which . may 6e occasioned by any willful or negligent act or omission of Auburn or any of . Auburn's employees or agents. Should'a court of competent jurisdiction determine that this Agreement 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 Auburn and Algona, its officers, officials, employees, and vo!unteers, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable tothe other party. It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW; solely for the purposes of this indemnifcation. This waiver has been CONTRACT FOR.DECANT FACILITIES USAGE Page 3 of 5 . mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. AUBURN SHALL HAVE NO LIABILITY FOR, AND SHALL BE HELD HARMLESS FROM AND AGAINST, ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS ARISING OUT OF OR RELATING TO THE PRESENCE, DISCOVERY, OR FAILURE TO DISCOVER, REMOVE, ADDRESS, REMEDIATE OR CLEANUP ENVIRONMENTAL OR BIOLOGICAL HAZARDS RESULTING FROM ALGONA DELIVERIES OR OTHERWISE ATTRIBUTABLE TO ALGONA, SPECIFICALLY INCLUDING, BUT NOT LIMITED T0, MOLD, FUNGUS, HAZARDOUS WASTE, SUBSTANCES OR MATERIALS. 9. RESOLUTION OF DISPUTES AND GOVERNING LAW a, Alfernative Dispute Resolution If a dispute arises from or relates to this Agreement or the breach thereof and if the dispute cannot be resolved through direct discussions, the partiesfagree to endeavor first to settlethe dispute in an amicable manner by ~ ~ _ ___~-_-~~._-----__w_-_- - mediation before resorting to arbitration. The mediator may 6e selected-by agreement of the parties. Following mediation, or upon written agreement of the parfies to waive mediation, any unresolved controversy or claim arising from or relating fo this Agreement or breach thereof shall be settled through arbitration. The arbitrator may be selected by agreement of the parties or through King County court procedures. All fees and expenses for mediation or arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence. b. Applicable Law and )urisdiction This Agreement shall be governed by the laws of the _ State of Washington. Although the agreed to and designated primary dispute resolution method as set forth above, in the event any claim, dispute or action arising from or relating to this Agreement cannot.be submitted to arbitration, then it shall be commenced exclusively in the King Coanty Superior Court or the United States District Court, Western District of Washington as appropriate. The prevailing party in any such action before the courts shall be entitled to recover its costs of suit and reasonable attorneys' fees. 10. WRIYTEN NOTYCE All communicafions regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notifed to the contrary. Any written notice hereunder shall become effective three (3) b,usiness days after the date of mailing by registered or certifed mail; and shall be deemed sufficiently given if sent to the addressee at the.address stafed in this Agreement or such other address as may be hereafter specified in writing. CONTRACT FORDECANT FACILITIES USAGE Page 4 of 5 ' - li. iVON-D15CRINIINATION Parties, shall not discriminate in any manner related to this Agreement on the basis of ~ race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services. - 12. SEVE1tABILYTY _ If any provision of the Agreement,shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. 13. ENTIRE AGREEMENT T.his Agreement constitutes the entire agreement between the parties. Any ` modifcations or amendments~to this Agreement shall be in writing and sliall be signed - -.._.`~bY-e~-P~Y;- _ - - DATED this 28"' day of September, 2010. CITY OF ALGONA CY I BURN . , David Hill Mayor Pefer. Leinris, Mayor 402 V1larde Street 25 W. Main Street Algona, WA 98001 Au6urn, WA 98001 A7TES4: ATTESY: ~ ianna Quinn, ify Clerk Dani Daskam, City Clerk APPROVED AS TO F06tM: APP ED AS TO FORM: Kari Sand, City Attorney Dan Heid, City ' orney CONTRACT FOR DECANT FACILITIES USAGE Page 5 of 5