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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. CONTRACT FOR DECANT FACILITIES USAGE Page I of 6 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 CONTRACT FOR DECANT FACILITIES USAGE Page 2 of 6 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, CONTRACT FOR DECANT FACILITIES USAGE Page 3 of 6 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 CONTRACT FOR DECANT FACILITIES USAGE Page 4 of 6 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 CONTRACT FOR DECANT FACILITIES USAGE Page 5 of 6 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 CONTRACT FOR DECANT FACILITIES USAGE Page 6 of 6