HomeMy WebLinkAboutWaste Management of Washington Inc dba RST Disposal
CITY.OF AUBURN
AGREEMENT FOR EMERGENCY SERVICES
AG-S-047
THIS AGREEMENT FOR EMERGENCY SOLID WASTE HANDLING (the "Agreement"),
is made and entered into as of ftj&r ~;o_, 2011 (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 2,009 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 Events ("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 Contractor 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-047
Page I 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 apress 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 City contracted
hourly labor rate or, WUTC hourly labor rate, whichever is.lower.
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 the applicable
contractor rates'in Appendix B of the-"Comprehensive Garbage, Recyclables and Compostables
Collection Agreement" or the Contractor's applicable WUTC rates for such services, whichever is
lower. 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 shall
AG-S-047
Page 2 of 4
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 a two year period. The Agreement shall automatically be
extended'for one more two year period unless tenninated in writing by the City, at its sole
discretion.
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 maybe 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 mediation 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-047
Page 3 of 4
CITY OF AUBURN WASTE MANAGEMENT
Attn: Joan Nelson Attn: Laura Moser
25 West Main Street P.O Box 1877
Auburn, WA 98001 Auburn, WA 98071
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.
11. 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.
CITY OF~A - R WASTE MANAGEMEN F WASHINGTON
Peter B. Lewis, Mayor Signature
Name: K`
Attest: Title: "IR
Federal Tax IDNo.
Danielle Daskam, City Clerk
Appr ed as to fo
Da ' 1 , Ci Atto ey
AG-S-047
Page 4 of 4