HomeMy WebLinkAboutCity of Pacific Decant Facilities Usage
CONTRACT FOR SERVICES
BETWEEN THE CITY OF PACIFIC
AND;THE-.CITY OF AUBURN
FOR'DECANT FACILITIES' USAGE
THIS AGREEMENT is made and executed by and,between the City of Pacific, a
Washington Municipal Corporation, hereafter designated as "Pacific," and the City of
Auburn, a Washington Municipal Corporation, hereafter designated as "Auburn."
WHEREAS, Pacific has inadequate facilities to properly handle the Waste Materials
produced as a result of their Public Works street sweeping and Vactor maintenance
activities; and
WHEREAS, Auburn has sufficient capacity at.their decant facility to handle the Pacific
Waste Materials.
NOW, THEREFORE, for the consideration stated in this Agreement, Pacific and Auburn
do agree as follows:
1. PURPOSE
The 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 Pacific.
2. RESPONSIBILITIES
The City of Pacific shall deliver Waste Materials to the City of Auburn Maintenance &
Operations facility, currently located at 1305C Street SW during.the hours of 7:00 am
and 3:00 pm. The unloading of.the Waste Material by Pacific at the Auburn Facility is
to be done under the supervision of an Auburn employee at the decant facility. Pacific
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
Pacific 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 Pacific as much advance
notice of these conditions as is practicable. Auburn further reserves the right to reject
any individual shipment of Waste Materials.
Auburn will 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.
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Pacific will also agree to participate in planning and funding of long term capacity
improvements to the decant process in Auburn, including but not limited to
improvements to the existing facility, installation of additional facility or other means to
add additional capacity.
3. VOLUME
Auburn shall accept from Pacific's Waste Materials in the following volumes: not to
exceed 50 tons per month or a total of 300 tons per year as measured at Auburn's truck
scale. Auburn may accept Waste Material from Pacific that exceeds these volumes
upon the review of a written request from Pacific. All such requests shall be made to
Auburn's Public Works Maintenance and Operations Manager thirty (30) days in
advance of proposed delivery of such additional Waste Materials.
4. COST FOR SERVICES
Pacific shall pay Auburn $100.00 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 Pacific on a quarterly basis.
Auburn reserves the right to increase these fees in response to increases in labor,
disposal, and regulatory costs. Auburn shall give Pacific a sixty (60) day advance written
notification of any pending fee increases.
5. DECANT FACILITY IMPROVEMENTS
Auburn will purchase and install a small truck scale, to be installed near the decant
facility that will be the official scale for measuring incoming Waste Material after water
has been decanted from the vehicle. Pacific shall pay Auburn a one-time amount of
$10,000 toward the cost of the truck scale, installation and other improvements.
Pacific recognizes that the capacity of Auburn's decant facility is limited and that
additional capacity will need to be provided, as both Cities waste disposal needs
continue to grow, in order to provide long-term service to Pacific.
Pacific will also agree to participate in planning and funding of long term capacity
improvements to the decant process in Auburn, including but not limited to
improvements to the existing facility, installation of additional facility or other means to
add additional capacity. By way of example only, and not by way of limitation, the City
of Pacific 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 the all
aspects of the improvement project. Auburn will consult with Pacific for the purposes of
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determining Pacific's future needs and Pacific's desire to participate in an improved
facility.
6. TERM
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. REOPENER
Either party may request that any provision of this Agreement can be renegotiated by
submitting a written request with fourteen (14) days advanced notice.
8. HOLD HARMLESS AND INDEMNIFICATION
Pacific 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 Pacific or any of
Pacific's employees or agents.
Auburn shall defend, indemnify, and hold Pacific, 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 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 Pacific, its officers, officials, employees, and volunteers, 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 to the 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 indemnification. This waiver has been
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,
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ADDRESS, REMEDIATE OR CLEANUP ENVIRONMENTAL OR BIOLOGICAL HAZARDS
INCLUDING, BUT NOT LIMITED TO, MOLD, FUNGUS, HAZARDOUS WASTE,
SUBSTANCES OR MATERIALS.
9. RESOLUTION OF DISPUTES AND GOVERNING LAW
a. Alternative 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 parties agree to endeavor first to settle the dispute in an amicable manner by
mediation before resorting to arbitration. The mediator may be selected by agreement
of the parties. Following mediation, or upon written agreement of the parties to waive
mediation, any unresolved controversy or claim arising from or relating to 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 Jurisdiction 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 County 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. WRITTEN NOTICE
All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing.
11. NON-DISCRIMINATION
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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. SEVERABILITY
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
This Agreement constitutes the entire agreement between the parties. Any
modifications or amendments to this Agreement shall be in writing and shall be signed
by each party.
DATED this day of v~rzy 201!
CITY OF PACIFIC CITY OF A R
Richard Hildreth, Mayor Pe er ewis, Mayor
1003 rd Avenue SE 25 W. Main Street
Pacific, WA 98047 Auburn, WA 98001
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ATTEST: ATTEST:
Jane Montgomer+(Xy r D a i Daskam, City Clerk
APPRO D AS O FORM: APP VEDA TO FORM:
Al uan, City Attorney Dan Heid; Ci ttorney
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