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Home My WebLink AboutSkookum Services /-okta PIA- 1i-ate -yI SKookc 071 �br/1 STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of: X A Contract with Skookum Services, Inc. X Contract No. For Operation of Jefferson County Solid X Waste Services. X WHEREAS, Skookum Services, Inc. and Jefferson Recycling Center, a division of Skookum Services, Inc., hereinafter referred to as SKOOKUM and/or JRC proposes to furnish certain solid waste services per this agreement to Jefferson County, a municipal corporation of the State of Washington, hereinafter referred to as COUNTY, in compliance with all procedures and descriptions of work,terms and conditions hereinafter described; and WHEREAS, SKOOKUM represents that it has the expertise to perform the services described to the standards required by the COUNTY. I. SCOPE OF WORK SKOOKUM shall provide services to operate the COUNTY owned recycle center and other solid waste facilities at such cost as outlined in ATTACHMENT A. These services may be modified by mutual written consent of SKOOKUM and the COUNTY'S representative during the life of the contract by amending ATTACHMENT A. Amendments to compensation shall be limited by COUNTY Solid Waste Budget allocations. II. PERIOD OF PERFORMANCE This agreement shall be effective as of the 14k day of , 1993 and shall continue in full force and effect until mutually terminated by written agreement or terminated as set forth in Section X. III. OBLIGATIONS OF SKOOKUM A. SKOOKUM, through JRC shall provide the necessary labor, supervision, management, and other resources to: I. Operate COUNTY solid waste facilities as described in ATTACHMENT A. 2. Provide solid waste education to Jefferson County Citizens as outlined in ATTACHMENT A. 3. Prepare reports related to those solid waste services as outlined in ATTACHMENT A. B. JRC shall operate such hours as are necessary to meet contract obligations. JRC shall provide public access to facilities operated under this contract as required by the COUNTY. Solid Waste Services Contract- Page 2 C. SKOOKUM shall maintain accurate accounting systems in accordance with accepted accounting methods. SKOOKUM will make available any records as required by the COUNTY to audit SKOOKUM's operations for compliance with this contract. D. SKOOKUM shall be responsible for maintenance and repair of all COUNTY owned equipment used in the solid waste operations covered under this contract. SKOOKUM shall operate all equipment with qualified personnel in a safe reliable manner and shall be held liable for all damage to COUNTY owned equipment and facilities damaged due to neglect or abuse. IV. OBLIGATIONS OF COUNTY A. The COUNTY shall furnish all equipment necessary for all solid waste services as outlined in Attachment A. The COUNTY shall provide access to and make available all necessary facilities associated with solid waste services as outlined in Attachment A. B. The COUNTY shall be responsible for increases in payments as volumes increases, subject to annual budget appropriation and approval of the Board of County Commissioners. C. The COUNTY may enter into contractual agreements with other local government entities for solid waste services subject to applicable regulations and the latest adopted comprehensive solid waste management plan. V. COMPENSATION TO SKOOKUM A. The COUNTY shall compensate SKOOKUM for solid waste services performed at associated rates for these services as outlined in Attachment A. B. The COUNTY shall make payment to SKOOKUM not more than once per month through regular processing of payments to vendors and contractors. C. Payments shall not be made without proper documentation to support payment requests. D. Moneys received from the sale of processed materials shall be retained by SKOOKUM as compensation for work performed under this contract. All moneys received from the sale of processed materials in inventory as of the effective date of this contract shall be paid to the COUNTY. E. All waste disposed of by SKOOKUM as a result of providing services under this contract will be paid by SKOOKUM to the COUNTY at the long-haul disposal contract rate. VI. WAGE AND WORKPLACE STRUCTURE SKOOKUM shall comply with all applicable provisions of the Fair Labor Standards Act and any other laws affecting its employees and the work place and shall at all times save the COUNTY free;clear and harmless from all actions, claims and expenses arising out of said laws and rules and regulations that are or may be promulgated in connection therewith. • Solid Waste Services Contract- Page 3 SKOOKUM shall be responsible for the reporting and payment of all payroll taxes and other forms of taxes or other payments required by any County, City, State or Federal law which are now or may during the term of this contract be enacted as to all persons employed by SKOOKUM through JRC in performance of the work under this contract and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations that may apply. VII. DAMAGE CLAIMS SKOOKUM shall indemnify and hold harmless the COUNTY from and against all claims for damage, including but not limited to claims for damage to persons or property due to the negligence of SKOOKUM or its employees, including court costs and attorney's fees, if any. COUNTY shall indemnify and hold harmless SKOOKUM from and against all claims for damage, including but not limited to claims for damage to persons or property due to the negligence of the COUNTY or its employees, including court costs and attorney's fees, if any. VIII. NONDISCRIMINATION SKOOKUM shall comply with the laws and regulations relative to nondiscrimination, which are herein incorporated and made part of this contract. SKOOKUM shall not discriminate on the grounds of handicap, race, color, or national origin in the selection of employees. IX. OTHER OBLIGATIONS The parties shall conduct regular meetings to review operations. Solid waste services being performed under this contract shall be reviewed and/or updated not less than once every twelve months nor more than once every six months. Upon written notice of the COUNTY, SKOOKUM shall correct any deficient work performed by SKOOKUM or JRC on this contract within a reasonable time. X. TERMINATION OF CONTRACT Either Party, for any reason whatsoever, may terminate this contract by giving written notice to the other party by certified mail. The contract shall terminate ninety days after the notice is given. During the interim period the contract shall remain in full force and effect. The COUNTY shall be obligated to reimburse SKOOKUM for services performed and expenses incurred at the rates set forth in the contract, less prior interim payments, if any, during that period. Further, in the event of termination of the contract, neither the COUNTY nor SKOOKUM shall be obligated to relinquish its respective rights under the terms of the Referendum 37 grant provided for initial startup of the Project. ' Solid Waste Services Contract- Page 4 Upon termination of the contract, all documents, records and file materials shall be turned over to the COUNTY by SKOOKUM. XI. ASSIGNMENT OF CONTRACT SKOOKUM shall not assign this contract in whole or in part, nor shall SKOOKUM subcontract any of the work to be performed hereunder without prior written consent of the COUNTY. XII. INDEPENDENT CONTRACTOR SKOOKUM and JRC shall at all times be an independent contractor and not an employee of the COUNTY, and shall not be entitled to compensation or benefits of any kind except as specifically provided herein. XIII. AMENDMENTS TO SCOPE OF WORK The COUNTY, through its authorized representative, and SKOOKUM through its authorized representative, may make changes to the scope of solid waste services as outlined in Attachment A and the compensation to be received therefrom. All such changes shall be by mutual consent and shall be made in writing. Changes in compensation are limited by the adopted COUNTY budget. If the authorized representatives cannot agree on proposed changes as outlined herein or if compensation will exceed adopted budget limits, the proposed changes shall be presented for approval to the Board of County Commissioners prior to proceeding with the proposed changes. XIV. CONTENT AND UNDERSTANDING This contract contains the complete and integrated understanding, agreement or negotiation between parties. Any oral or written representation not set forth herein is excluded. Amendments hereto shall be set forth in writing and executed by both parties. XV. GOVERNING LAW This contract and the right and obligation of the parties hereunder shall be governed by the laws of the State of Washington. Solid Waste Services Contract- Page 5 XVI. AUTHORIZED REPRESENTATIVE The COUNTY'S authorized representative is: Gary A. Rowe, P.E. Director of Public Works 1820 Jefferson Street P.O. Box 1220 Port Townsend, Washington 98368 SKOOKUM'S authorized representative is: Warren James Westall P.O. Box 97 Port Townsend, Washington 98368 Any notice given by either party to the hereunder shall be served, if delivered in person, to the office of the authorized representative, or if deposited in the mail, properly stamped with the required postage and addressed to the office of the authorized representative. Either party shall have the right to change its representative by giving the other party due notice in writing of such change. XVII. CONFLICT WARRANTY SKOOKUM warrants that it has not employed or retained any company, firm or person, other than a bona fide employee working solely for SKOOKUM, to solicit or secure this contract, and that it has not paid or agreed to pay any company, firm, or person, other than a bona fide employee working solely for SKOOKUM any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making this contract. For breach or violation of this warranty, the COUNTY shall have the right to annul this contract without liability. Solid Waste Services Contract- Page 6 XVIII. APPROVAL OF CONTRACT This contract shall bec me effective i2jyt _ 1993. Executed this day of , 1993 B -ARD OF Ccr TY O SSIONE S � P • wojC • Member G en Huntingford /9r3 Attest: Approved as to form this / day of ,� ve'►-� t - , 1993 C.- 10-1?MQ ‘ ii0-0-6A4-)2t - Lorna Delaney Mark Huth Clerk of the Board Prosecuting Attorney SKOOKVMERVICES, INC. ((<- /1/(1A-kfrt/mr------ K. C. Nomura, Chairman Board of Directors Solid Waste Services Contract- Page 7 ATTACHMENT A SOLID WASTE SERVICES A. Recycle Center Operations: Operate the Recycle Center including collecting and processing of all recycleables delivered to county drop box sites, and processing all recyclables delivered to the Recycle Center. Compensation shall be for recyclables processed and shipped to recyclable markets as follows: 0-1300 tons per year $106.00 per ton. 1301-1500 tons per year $ 99.00 per ton 1501-2000 tons per year $ 74.00 per ton 2001 and over tons per year $ 58.00 per ton The following shall be the recyclables that will be processed for the compensation above: 1. Aluminum cans. '2. Tinned cans. 3. Office paper/printers mix and greenbar . 4. Brown and clear glass. 5. Magazines 6. Cardboard 7. Newsprint 8. P.E.T.E. #1 and#2 plastic 9. Scrap tin, aluminum, brass, bronze, steel and lead B. Transfer Station Recycling. (Effective July 1, 1994) Remove, sort and process any recyclable material from the waste deposited at the Jefferson County Transfer Station to reduce amount of waste being shipped out of the county. Provide direction to customers that deliver waste to the Transfer Station on where and how to dump waste in accordance with the schedule for operations and in accordance with procedures for the operation as outlined by the COUNTY. Materials to be removed shall not be limited to those items listed in item A. above and shall become the property of SKOOKUM. $45:00 per ton in addition to compensation in item A. above. C. Scale Operations: Operate the scale house to weigh in and out commercial and residential customers, collect tipping fees and make deposits in accordance with the schedule for operations and in accordance with procedures for the operation as outlined by the COUNTY. $9.50 per scheduled hour of operation. D. Solid Waste Education Provide waste reduction/recycling education in accordance with adopted waste reduction and recycling elements of the comprehensive solid waste management plan including but not limited to the following: 1. Develop class room solid waste education at local schools. Solid Waste Services Contract- Page 8 2. Assist communities in developing yard waste collection programs. 3. Provide technical assistance for commercial recyclers . 4. Provide information to citizens through public relations and the media. 5. Attend Solid Waste Advisory Committee meetings. 6. Participate in Comprehensive Solid Waste Management Planning. 7. Provide additional education services as identified in the Comprehensive Solid Waste Management Plan as adopted or amended. Solid Waste Education shall be provided with no additional compensation due. • Solid Waste Services Contract - Revised February 1, 1994 REcEIVED ATTACHMENT A JAN 10 1994 SOLID WASTE SERVICES JEFFERSOi PUBLIC WORKS DEPT. A. Recycle Center Operations: Operate the Recycle Center including collecting and processing of all recycleables delivered to county drop box sites, and processing all recyclables delivered to the Recycle Center. Compensation shall be for recyclables processed and shipped to recyclable markets as follows: 0-1300 tons per year $106.00 per ton. 1301-1500 tons per year $ 99.00 per ton 1501-2000 tons per year $ 74.00 per ton 2001 and over tons per year $ 58.00 per ton The following shall be the recyclables that will be processed for the compensation above: 1. Aluminum cans. 2. Tinned cans. 3. Office paper/printers mix and greenbar . 4. Brown and clear glass. 5. Magazines 6. Cardboard 7. Newsprint 8. P.E.T.E. #1 and #2 plastic 9. Scrap tin, aluminum, brass, bronze, steel and lead 10. Aseptic containers B. Transfer Station Recycling. (Effective July 1, 1994) Remove, sort and process recyclable material from the waste deposited at the Jefferson County Transfer Station to reduce amount of waste being shipped out of the county. Provide direction to customers that deliver waste to the Transfer Station on where and how to dump waste in accordance with the schedule for operations and in accordance with procedures for the operation as outlined by the COUNTY. Materials to be removed shall become the to property of SKOOKUM and shall not be limited to those items listed in item A. above. $45.00 per ton in addition to compensation in item A. above. C. Scale Operations: Operate the scale house to weigh in and out commercial and residential customers, collect tipping fees and make deposits in accordance with the schedule for operations and in accordance with procedures for the operation as outlined by the COUNTY. $9.50 per scheduled hour of operation. D. Solid Waste Education Provide waste reduction/recycling education in accordance with adopted waste reduction and recycling elements of the comprehensive solid waste management plan including but not limited to the following: 1. Develop class room solid waste education at local schools. 2. Assist communities in developing yard waste collection programs. 3. Provide technical assistance for commercial recyclers . Solid Waste Services Contract - Revised February 1, 1994 4. Provide information to citizens through public relations and the media. 5. Attend Solid Waste Advisory Committee meetings. 6. Participate in Comprehensive Solid Waste Management Planning. 7. Provide additional education services as identified in the Comprehensive Solid Waste Management Plan as adopted or amended. Solid Waste Education shall be provided with no additional compensation due-'Po`^ \-- � ' Revised Effective February 1, 1994. Authorized Representative: "4 • sT.µ------ Date: Gary A. Rowe, P.E. Director of Public Works 1820 Jefferson Street P.O. Box 1220 Port Townsend, WA 98368 ate: Warren James We tall P.O.Box 97 Port Townsend, WA 98368