19 - Laserfiche WebLink

The Contractor shall compensate the City for any costs incurred for response to any discharge, release, spill or leakage of hazardous wastes occurring on City property as a result of Contractor's loading, packaging and/or transportation activities, unless such release is caused by the City's negligence or willful misconduct. The Contractor shall immediately notify the City's Program Manager by telephone should any accident or incident occur which results in any discharge, release, spill or leakage which involves any wastes to be managed under this Agreement. The Contractor shall make all notifications and reporting to the appropriate regulatory or emergency response agencies as required under federal, state and local laws and regulations in the event of a discharge, release, spill or leakage of hazardous wastes during transportation, storage or disposal of wastes to be managed under this Agreement. If requested by the City, the Contractor will furnish the City's Program Manager with a detailed written report describing any discharge, release, spill or leakage of hazardous wastes during transportation, storage or disposal of wastes to be managed under this Agreement that required notification to the City or any federal, state and local regulatory or emergency response agency. 7. Non-conformity of Waste Waste materials to be handled pursuant to this Agreement will be agreed upon in advance in writing by Contractor and the City, to the extent that the nature or chemical compositions of the materials to be handled are known to the City. At the time the City requests the services of Contractor, the City will provide a Waste Profile sheet or similar document ("Waste Profile") to Contractor completely and accurately describing the waste materials and its(their)characteristics, if known. The Contractor will have the right to reject any waste to be managed under this Agreement that does not materially conform to the list of wastes provided for each shipment by the City's Program Manager. In rejecting any waste,the Contractor will notify the City's Program Manager of the reason(s) for the non-conformity. The rejection of any item to be managed under this Agreement will not affect the acceptance by the Contractor of any other item to be managed under this Agreement. If the Contractor accepts a waste item but determines within a fifteen (15) calendar days of receiving the waste that the waste is non-conforming,the Contractor will notify the City's Program Manager by telephone and, if requested by the City's Program Manager, in writing of such nonconformity. If the City is unable to verify or correct the non-conformity, the Contractor and the City will, in good faith, attempt to correct the nonconformity and provide for the appropriate management of the waste. Waste materials found to be nonconforming, if in the Contractor's possession, will be prepared for lawful transportation by Contractor and returned to City within thirty (30) days after rejection by Contractor, unless the parties agree to an alternative and lawful manner to dispose of the waste materials. In the event the Contractor and the City are unable to agree on an appropriate resolution of the non-conformity,or the Contractor is prohibited by law or TSDF permit from managing the non-conforming waste,the Contractor may revoke acceptance of such non-conforming waste. In the event of revocation of acceptance due to waste nonconformity, the City will pay,as applicable,the cost of transporting to the TSDF,the cost of return transporting from the TSDF to the City's facility and other reasonable charges including but not limited to Exhibit A Page 8 of 10