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HomeMy WebLinkAboutCC Resolution 8722 (Oil and Grease Disposal)as follows: RESOLUTION NO. 8722 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH CHEMICAL WASTE MANAGEMENT, INC. (CWM, INC.) FOR DISPOSAL OF OIL AND GREASE LADEN MATERIALS THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES The Director of Public Works is hereby authorized to execute, on behalf of the City of San Rafael, a service agreement with Chemical Waste Management, Inc. for disposal of oil and grease laden materials, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 17th day of August, 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner JE M. LEONCINI, City Clerk gum 04 prpeic 515o15\ii On thisl7th.day of August, 1992, the parties, city of San Rafael, a municipal corporation with principal offices located at -1400 Fifth Avenue, San Rafael, CA 94915 ("Customer"), and chemical Waste Management, Inc., a Delaware corporation with principal offices located at 3 001 Butterfield Road, Oak Brook, Illinois 60521, (11CHM11) , hereby agree as follows: WHEREAS, Customer is in need of certain analytical, transportation, treatment, storage and disposal services with respept to waste materials it has generated; WHEREAS, CWM agrees to provide customer with such services upon the terms as set forth herein. 1. Waste Materials For purposes of this Agreement, Waste Materials shall be defined as those solid, liquid, semi-solid, or contained gaseous materials which are generally described in and which have the physical, chemical, biological and radioactive constituents, characteristics and properties within the specifications set forth in the Waste Material Profile Sheet(s) executed by customer, attached hereto and made part hereof. The term "Waste Materials" also includes containers described in the Waste Material Profile Sheets if they do now, or have in the past, contained Waste Materials. The term "Unit of Waste Materials" refers to a single whole container of Waste Materials (such as a barrel, drum, box or tanker load) and also includes units of measure (such as yard, gallon or ton). Custcmer expressly warrants to Disposer that the Waste Materials tendered to Disposer shall conform to the description contained in the Waste Material Profile Sheet. 2. CWM Services CWM shall provide Customer the services indicated below: a. Transportation of the waste materials from the generators facility to the Kettleman Hills or Oil and Solvent Process Company (OSLO) Storage Facility and/or other EPA and CWM approved facility(ies); b. Transportation of the waste materials from the generators facility to the Kettleman Hills or Oil and Solvent Process Company (OSCD) Treatment/Disposal Facility and/or other EPA and Citi approved facility(ies); C. Disposal of the Waste Materials using disposal method(s) as set forth in Exhibit A attached hereto and made a part hereof. 3. Compensation For the services set forth above, Customer agrees to pay CWM in accordance with the Exhibit A attached hereto and made a part hereof. In the event the original scope of services changes, the parties agree to execute a change order reflecting said changes. Unless otherwise stated in the attached Exhibit A, Customer shall pay all applicable local, state or federal taxes upon receipt of invoice. Disposer may, with thirty (30) days written notice to Customer, increase or decrease fees specified in the Exhibit A. If any Waste Products, to which such fee alterations apply, are delivered to Disposer more than thirty (30) days after Customer's receipt of this notice, Customer shall be deemed to have accepted such fee alterations and the Exhibit A shall be deemed amended in such respect. All invoices are due and payable by customer net thirty (30) days upon date of invoice hereof. Interest on overdue balances may be assessed monthly at the rate of ten percent (100) per annum. In the event any of the invoice amount is disputed, Customer shall immediately notify CWM of such disputed amount and shall pay any undisputed amount in the time provided above. Customer guarantees payment of all Printed on recycled paper.i::F COPY such invoices when due notwithstanding any rights Customer may have to reimbursements from insurers or other third parties. The term of this agreement will Commence, subsequent to execution, upon approval of credit. In the event that CWM is required red to undertake collection procedures or legal action to enforce the provisions of this agreement, CWM shall be entitled to recover interest, collection and court costs, and reasonable attorneys' fees. 4. Resection or Revocation of Accentance of Waste Materials, CWM expressly reserves the right to reject or to revoke its acceptance of any or all units of Waste Materials upon verbal notice to Customer if such Waste Materials do not conform to the description in the Waste Material Profile Sheet and CWM is not permitted to treat, transport, store or dispose of said Waste Materials in the manner specified herein. Customer shall make prompt arrangement for the removal of Waste Materials from CWM's premises to another lawful place of storage and/or disposition. customer agrees to pay CWM's expenses and charges in connection with the handling, loading, stowing, preparing for transport, transporting or storing any Waste Materials rejected or revoked under this paragraph. 5. Work on Customer's Premises Customer agrees to provide CWM, its employees and subcontractors a safe working environment for any work, in performance of this Agreement, which must be undertaken on premises owned or controlled by the Customer. While its employees or subcontractors are on Customer's premises, CWM will maintain strict work discipline and effect its work in ccupliance with governmental laws or regulations pertaining to occupational safety and health. CWM, its employees and subcontractors shall also comply with the Customer's safety procedures while on the Customer's premises, provided such procedures have been made known to CSS! or are attached hereto. 6. Indemnification Each party agrees to indemnify and defend the other for claims, demands, liabilities, penalties, fines, causes of action and costs and expenses incidental thereto (including reasonable attorneys' fees) arising out of personal injury, death, or loss or damage to property, to the extent such injury, death, or loss or damage results from such party's negligence, breach of contract or wilful misconduct. 7. Entire Acireement This Agreement represents the entire understanding and agreement between the parties hereto relating to the testing, transportation, storage, treatment, processing and disposal of Waste Materials and supersedes any and all prior agreements, whether written or oral, that may exist between the parties regarding same. Any acknowledgment of this Agreement containing additional or different terms from those contained in this Agreement shall constitute an acceptance of only those contained herein, and such additional terms shall be null and of no effect unless accepted by c m in writing. No terms, conditions, prior course of dealings, course of performance, usage of trade, understandings, purchase orders, or agreements purporting to modify, vary, supplement or explain any provision of this Agreement shall be effective unless in writing, signed by representatives of both parties authorized to amend this Agreement. In no event shall the preprinted terms or conditions found on any CWM or Customer Purchase or work order be considered an amendment or modification of this Agreement, even if such documents are signed by representatives of both parties; such preprinted terms or conditions shall be considered null and of no effect. 8. Excuse of Performance The performance of this Agreement, except for the payment -2- Printed on recycled paper.�_j] of money for services already rendered, may be suspended by either party in the event the delivery or transportation of Waste Materials by Customer, or transportation, storage, treatment or disposal of Waste Materials by CWM are prevented by a cause or causes beyond the reasonable control of such party. Such causes shall include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, flood, or sabotage; lack of adequate fuel, power, raw materials, labor or transportation facilities; governmental laws, regulations, requirements, orders or actions; breakage or failure of machinery or apparatus; national defense requirements; injunctions or restraining orders; labor trouble, strike, lockout or injunction (provided that neither party shall be required to settle a labor dispute against its own best judgment). 9. Notice Any notice, comminication or statement required or permitted to be given hereunder shall be in writing to the address of the respective party below: Citv of San Rafael 1400 Fifth Avenue San Rafael, CA 94915 C0 CWM: Chemical Waste Management, Inc.SEP 1 5 7992 4227 Technology DriveE� 1 �� Fremont, California 94538-6337�� Attn: District Sales Manager Either party may, by notice to the other, change the addresses and names above given. 10 TERM. The term of this Agreement shall be as specified in the Acceptance Letter, to ccnmience on the date of execution of such document, and shall remain in effect until terminated by either party with or without cause by thirty (30) days advance written notice to the other party. Chemicdl Waste,Manageme�, Inc. Title: District Sales Manacter IWSAIRZIOO City of San Rafael By: DAVID M. BERNARDI Title: DIRECTOR OF PUBLIC WORKS I expressl '-represent that I have the authority to enter into this agreement on behalf o the Customer hereinabove. By:L6806172067 W052740992 TD ATTEST: By. ANS NE M. L ONCI I Title: CITY CLERK -3- Printed on recycled paper CUST 4E R NAME & MAILING ADDRESS GUS'Ia4Ef2 BILLING ADDRESS City of San Rafael , David M. Bernardi City of San Rafael P.O. Box 151560 Director of Public Works P.O. Box 151560 1400 5th Avenue 1400 5th Avenue San Rafael, CA 94915-1560 San Rafael, CA 94915-1560 Dear Mr. Bernardi: Your Waste Profile No. STL-AO5508-085 (City of San Rafael _ - .) has been approved for acceptance at Chemical Waste Management, Inc. Is Kettleman Hills Treatment Facility located in Kettleman City, CA subject to the terms of the Service Agreement between the Companies. Based on the sample or description of the waste provided to Chemical Waste Management, Inc., the campensation for services provided is described below. The price is, however, subject to change by Chemical Waste Management, Inc. upon thirty (30) days prior written notice to you. Payment terms: Net thirty (30) days upon receipt of invoice. The term of this agreement will commence, subsequent to execution, upon approval of credit. This Mbit shall commence on 05/27/92, and shall remain in effect until terminated by either party with or without cause by thirty (30) days advance written notice to the other party. Note: Changes may have been made to some sections of the above referenced profile sheet, by signing this Mbit you are affirming that you agree with these changes. DISPOSAL METHOD: Secure Landfill at the above facility and/or other EPA and CWK approved facility(ies). This disposal approval will expire 12/31/92. A SIGNED AVID CCl1 FT D "CALLA LAND DISPOSAL RESTRICTION AND CERTU'ICATION" MUST AOCONPANY EACH LOAD. Bax C required. NO FREE LIQUIDS MAY BE 10MING AND TRANSPORTATION: The Waste Products are to be loaded on vehicles by Customer for Flatbed or Erxi Dump Trucks and by Disposer for Flatbeds with lift gates, Vacuum or Roll Off Trucks. Please call our dispatch department to schedule transportation at 209/386-0571 or within California (800) 742-1671. COMPENSATION: See the attached fee schedule. Priced as profiled, invoiced as received. Transportation and Disposal pricing for other methods of shipment and/or pickup locations are quoted on request. All applicable taxes will be invoiced as imposed and are not included in the prices quoted. Disposer is authorized to reclaim, recover and sell, distribute or use the Waste Products, their components or residues. Please sign and return both copies of this letter to Chemical Waste Management at the address located at the bottom of the attached cover letter, Attention: District Sales Manacrer. If you have any questions please feel free to call our office at (800) 843- 3604. Thank you for your continuing business. Sincerely, Chemical Waste Management, Inc. Pat McGrath District Sales Manager 55B Accpt Ltr (Revised 2-5-88) TDIMR Printed on recycled paper.:., Auur r.ir2j City of StDAD r Signature BERNARDI Title DireC±or of Public Works Date 81-.61 it. 6806172067 W051740992 AO5508-KED' 0 ATTEST: IF M�II F- NW[ 1R � C1ty l.le 'k DRUM NOTES Chem Express Transportation has established a for generators of less than truckload (LTL) quantities that will provide time and cost effective benefits for both liquid and solid waste streams. Disposal Fee Schedule Attached NUMBER OF DRUMS zirurrrD Mileage to final TSDF 1-5 6-10 11-20 21-30 31-50 51-75 76+ 151-200+ $30.00 26.00 24.00 19.00 14.00 11.00 10.00 30 or more drums at a distance of greater than 200 miles from the final disposal site is considered a full truckload and will be priced accordingly. 1. Prices are applicable to drum sizes ranging from 30 to 55 gallons. Prices for quantities less than 30 gallons can be quoted by calling your customer service representative. 2. The transportation charge for overpacks will be $50.00 per drum. 3. If Overpacks are required, they will be provided for an additional charge of $130.00 per drum. 4. Stop time for 1-10 drums should not exceed 30 minutes. For pick ups of larger than 10 drums stop times should not exceed 60 minutes. 5. Off route pick ups and pick ups in difficult or remote locations may require additional fees to cover actual transportation costs. These charges will be reflected in contract pricing. 6. Chace pick up times have been established, the generator must provide a 24 hour notice of cancellation. Failure to provide adequate notice will result in assessment of the $50.00 fee to offset routing changes and transportation cost. 7. One hour demurrage is included at the customer location. Additional time is charged at the stated hourly rate. All onsite time at CWK disposal site is included in the per trip price assuming the waste is conforming and the required paperwork is in order. Delays related to non -conforming waste or incorrect paperwork in excess of one hour will be billed as demurrage at the stated hourly rate. 8. Per diems ($50.00/night) must be included for all trips requiring either 15 hours of work in a 24 hour period or more than 10 hours of actual driving time in a 24 hour period. (California locations only). Printed on recycled paper ::