DocuSign Envelope ID: 9EE30477-6477-46E4-8BF1-1D83B7F9006B
MERCED COUNTY
PH: 209.723.4481
FAX: 209.384.3109
7040 N. Highway 59
Merced, CA 95348
REGIONAL WASTE AUTHORITY
EARLY SITE ACCESS AGREEMENT
BY AND BETWEEN
MERCED COUNTY REGIONAL WASTE MANAGEMENT AUTHORITY AND
CITY OF MERCED
FOR CONDUCTING EARLY MORNING OPERATIONS
AT THE HIGHWAY 59 LANDFILL
The Merced County Regional Waste Management Authority (Authority) agrees to accept materials for disposal from the City of Merced during the hours of 3am and 7am, Monday through Friday, excluding holidays at the Highway 59 Landfill. Early site access will occur on Saturdays following a holiday for which the site was closed.
It is anticipated that the City of Merced will bring in 75-150 tons of materials per day for dısposal between the hours of 3:00 a.m. and 7:00 a.m. to the Highway 59 Landfill located on 7040N. Hwy 59 in Merced California. The City of Merced agrees to pay the early site access fee of $4250.00 per-month, which is in addition to the normal tipping fees assessed to the disposed materials.
The City of Merced agrees to comply with all Authority rules and regulations to minimize or control potential accidents and occurrences of damages. This agreement will be in place for 1 year from October 1st, 2023, and ending on September 30th, 2024, at which time this agreement will be re-valuated. Either party may suspend or terminate this agreement with a 60-day notice at any time during the term of this agreement.
APPROVED AS TO FORM:
City Attorney
- DocuSigned by:
Stacie Guzman
11/7/2023
Stacie Guzman, Executive Director Date
Merced County Association of Governments
Stephanie Dietz, City Manager Date
City of Merced
Partnering for Regional Solutions
DocuSign Envelope ID: 9EE30477-6477-46E4-8BF1-1D83B7F9006B
MERCED COUNTY
PH: 209.723.4481
> ›RWA FAX: 209.384.3109
7040 N. Highway 59
Merced, CA 95348
REGIONAL WASTE AUTHORITY
Additional Terms and Conditions
1. The City of Merced shall only deliver acceptable waste and shall not deliver unacceptable waste, meaning hazardous waste, hazardous substance and prohibited medical waste. In this context, acceptable waste is defined as Municipal Solid Waste.
2. The fee set forth is a negotiated rate that specifically applies to early morning site access.
3. This agreement shall be interpreted and may be enforced pursuant to the laws of the State of California and is not subject to federal jurisdiction. Venue of any action arising out of this agreement shall be in the County of Merced. The prevailing party in any action or proceeding shall be entitled to reasonable Attorney fees and costs.
4. Indemnification. The City of Merced shall indemnify and defend Authority and hold it harmless from and against any and all claims, or demands, or liability arising out of or in any way connected with the performance of this Agreement. Indemnity shall apply to any acts, omissions, willful misconduct, or negligent conduct, whether active or passive, unless liability is caused solely by the negligent or willful misconduct of Authority. The City of Merced will on request, and at its own expense, defend any action, suit, or proceeding arising hereunder and shall reimburse and pay Authority for any loss, cost, damage, or expense, including Attorney's fees (including those of in-house counsel) suffered by it hereunder.
5. Insurance. Upon execution of this Agreement and thereafter upon reasonable request by Authority, The City of Merced shall provide copies of insurance policies maintained by it, its Franchisee, and any sub-haulers, including the following policies:
1) Workers' Compensation as mandated by the State of California. 2) General liability insurance with a minimum limit of One Million Dollars ($1,000,000.00) per occurrence for bodily injury and for property damage.
3) Automobile liability insurance with the minimum limit of liability per occurrence of One Million Dollars ($1,000,000.00) for bodily injury and for property damage, including coverage for owned and non-owned vehicles.
6. The City of Merced may not assign this agreement or any of its rights or obligations under this agreement without the prior written consent of Authority, which may be withheld in Authority's sole discretion.
Stephanie Dietz, City Manager Date
City of Merced
Partnering for Regional Solutions