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004-09 - Resolution - Contract with Waste Management for Leachate Disposal ServicesIntroduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 004-09 Public Works Director Public Works Director Public Works Director January 27, 2009 January 27, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH WASTE MANAGEMENT OF WASHINGTON, INC. FOR LEACHATE DISPOSAL SERVICES. WHEREAS, the City of Port Orchard (CITY) owns and operates the wastewater collection system that transports the City's wastewater to the Joint Wastewater Treatment Facility (JWWTF), being comprised manholes, sewer mains, pump station and force mains; and WHEREAS, Waste Management of Washington, Inc. (WM) owns and operates the closed Olympic View Sanitary Landfill at 9300 SW Barney White Road, Port Orchard, Washington and is seeking means to dispose of leachate on an as-needed basis; and WHEREAS, the CITY agrees to accept leachate tendered by WM at the SW Wilkins Drive site (pursuant to the Access & Use Agreement between the CITY and NORDIC PROPERTIES, INC. dated September 1, 2008) in compliance with the Terms and Conditions of the Leachate Disposal Agreement (Exhibit A) attached herewith; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute a contract with Waste Management of Washington, Inc. for the disposal of leachate on an as-needed basis, pursuant to the Terms of Conditions of the Leachate Disposal Agreement (Exhibit A). T .EACH ATE DTSPOSAT. AGREEMENT 013-09 THIS Ll?4f:HATE DlSP SAL AGREEMENT is entered into and made effective as of the I~ day of :Z..:, , 2009, between the CITY OF PORT ORCHARD ("City"), a municipal organizatio duly organized and existing under the laws of the State of Washington and WASTE MANAGEMENT of Washington, Inc. ("WM"). 1. SCOPE 1.1 WM owns and operates the closed Olympic View Sanitary Landfill, located at 9300 SW Barney White Road, Port Orchard, Washington. WM is seeking a means to dispose its leachate on an as-needed basis. The CITY owns and operates the wastewater collection system that transports the City's wastewater to the Joint Wastewater Treatment Facility. The wastewater collection system is comprised of the manholes, sewer mains. pump stations and force mains. The City agrees to accept leachate tendered by WM at the SW Wilkins Drive site (pursuant to the Access and Use Agreement between the CITY and NORDIC PROPERTIES, INC. dated September 1, 2008), which meets the limits as set by the Joint Wastewater Treatment Facility in a separate Agreement. Acceptance of leachate may be discontinued in accordance with Section 7 of this Agreement. 1.2 WM's right to dispose of leachate into the City's collection system shall be contingent upon WM obtaining and maintaining all certHicates, permits, and any other approval as may be required by and federal, state, or local authorities and the Joint Wastewater Treatment Facility relating to the discharge and treatment ofleachate. 2. TERM 2.1 The term of this Agreement shall be two (2) years effective from the effective date. At the expiration of the initial term of this Agreement, the term of this Agreement shall be automatically renewed for subsequent periods of one (1) year each unless either party provides written notice of termination to the other party at least sixty (60) calendar days prior to the expiration of the then-existing term. J. COMPENSATION 3.1 WM shall pay the CITY the rate of $0.0!5 per gallon ofleachate discharged into the CITY's wastewater collection system. The price may be adjusted by mutual agreement of the CITY and WM (agreed upon date July 1, 2009) to a rate not to exceed $0.02 per gallon. The volume discharged into the CITY shall be measured and Leachate Disposal Agreement City Of Port Orchard Page 1 of 5 reported in a manner mutually agreeable to WM and the CITY prior to discharge. This compensation does not include any costs associated with treatment of the leachate at the Joint Wastewater Treatment Facility. 3.2 The City's billing cycle will be from the first day of the month through the last day of the month. An invoice will be issued to WM by the tenth day of the following month with payment due from WM to the CITY within thirty (30) calendar days 4. LEACHATE QUALITY AND LOADINGS 4.1 All terms and conditions ofWM's Waste Discharge Permit (if any), subsequent Department of Ecology or Kitsap CoUllty Health orders, and permit renewals applicable to the discharge of leachate shall become a part ofthis Agreement and remain the responsibility of WM. 4.:2 WM shall not discharge pollutants through the City's collection system, manholes, or pump stations into navigable waters in quantities or concentrations that cause or significantly .contribute to a violation of.any Facility NPDES Permit or other applicable federal, state, or local govermnent regulation. Excejlt as ]lTOVided in Section 4.3, WM shaJl not discharge a quantity or quality of leachate that inhibits or disrupts the treatment process or operations of the Joint Wastewater Treatment Facility in a manner that contributes to a violation of any requirement of the Facility's NPDES Permit. 4.3 The CITY reserves the right to restrict or limit the quantity of Leachate transported through the City's collection system. 5. MONITORING 5.1 The CITY shall have access during normal business hours and reasonable advance notice (not less than 24 hours) to WM leachate storage, pre- treatment, and load-out system ("Leachate Process") upon receiving approval by WM. The CfTY shall also have access, during normal business hours and reasonable advance notice (not less than24 hours) to the records of operation and maintenance of the Leachate Process. 5.2 WM shall maintain records of all information resulting from any monitoring activities. All sampling and analytical methods shall conform to industry standard guidelines (Standard Methods, Current Edition) establishing test procedures for the analysis of pollutants. 5.3 WM shall provide the CITY copies of all records, test results, reports, and other information that are referred to in Paragraph 5.2 of this Agreement within 30 calendars of West Sound's request for said information. Leachate Disposal Agreement City Of Port Orchard Page 2 of 5 6. LEACHATE DELl VERY 6.1 WM shall transport Leachate from the landfill to the SW Wilkins Drive discharge point, as designated by the City. Discharge of alternate leachate disposal locations are limited to those specifically approved and designated by the City. 6.2 Each leachate delivery shall be entered into a weather-protected logbook maintained at a location mutually agreed to by the CITY and WM. The entries shall show date, time, U.S. gallons total and the driver's signature. This logbook shall be accepted by parties as the record of deliveries for billing purposes. On the first business day of each month, WM shall provide the CITY a copy of the log entries for the previous month. 7. DISCONTINUANCE OF SERVICE 7.1 The CITY may at any time temporarily suspend the discharge of leachate into the collection system in the event of an emergency or other cause attributable to the leachate that results in the inability of the City to convey such leachate. Temporary suspension of discharge shall continue only as long as such emergency or other cause exists. Notice of suspension shall be made verbally or in writing by the City If verbal, immediate written notification shall be provided to WM by the next business day. 7.2 Either party may terminate this contract by providing written notice to the other party within sixty (60) calendar days of the termination date. S. !NDEMNIHCATION 8.1 WM shall be solely responsible for the transportation of the leachate and the manner in which the leachate enters into the CJTY system and/or Facility. WM shall indemnify and hold harmless West Sound Utility District and the City of Port Orchard for any damages, penalties and fines caused by the transportation of leachate or by spillage ofleachate outside the designated discharge site. The indemnity shall include payment to West Sound Utility District and/or the City of Port Orchard, as applicable, for all costs or litigation, if any (including reasonable attorneys' fees) incurred as a result of the negligent pertorn1ance of this Agreement by W M. 8.2 WM shall be solely responsible for compliance with the conditions as set forth in its permits and orders applicable to the discharge of leachate, and shall hold harmless and indemnify West Sound Utility District and the City of Port Orchard from any failure to so comply. 8.3 The CITY shall be responsible for the operation and maintenance of the wastewater collection system and the manner in which the leachate follows through Leachate Disposal Agreement City Of Port Orchard Page 3 of 5 the wastewater collection system pump stations and force mains. The CITY shall hold WM harmless for any damages, penalties and fines caused by spillage of leachate not otherwise caused by WM. The indemnity shall include payment to WM for all costs or litigation, if any (including reasonable attorneys' fees) incurred as a result of the negligent performance ofthis Agreement by West Sound. 8.4 The CiTY shall be solely responsible for compliance with the conditions as set forth in the Joint Wastewater Treatment NPDES permit or subsequent permits and orders applicable to the collection of leachate, and shall hold harmless and indemnify WM from any failure to so comply. 9. AMENDMENT OR MODIFICATION: No amendment or modif1cation of the Agreement, including any addition or deletions shall be effective unless approved and executed by the parties in the same form and manner as and subject to the remaining provision of this Agreement. I 0. SUCCESSORS AND ASSIGNS: This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties and is not intended to confer rights or benefits upon any third party except as previously stated herein. ll. GOVERNING LAW 11.1 This Agreement shall be governed and construed in accordance with the laws of the State of Washington. Venue in connection with any legal proceedings affecting this Agreement shall be in the Superior Court of the State of Washington forKitsap County. 11.2 This Agreement constitutes the entire agreement of the parties. There are no oral or other agreements between the parties, which affect this Agreement. Leachate Disposal Agreement City Of Port Orchard Page4 of 5 Waste Management of Washington, Inc. CITY OF PORT ORCHARD Date:-~~-+-- Notitication Addresses: Waste Management of Washington C/o Waste Management, lnc. Closed Site Management Group Attn: Area Director 2400 West Union Ave. Englewood, CO 80 II 0 (303) 914-1454 (303) 914-9927 fax Leachate Disposal Agreement City Of Port Orchard Title: Director CITY OF PORT ORCHARD 216 Prospect Street Port Orchard, W A 98366 (360) 876-4407 1, Clerk Page 5 of 5