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1.REGULATED MEDICAL WASTE SERVICES.WM Healthcare Solutions,Inc.(the"Company"),itself or through its subsidiaries and affiliates,will provide Customer with cohlection,
<br /> management,transportation,disposal,and treatment of all Regulated medical waste(or"Regulated Medical Waste"or"Waste Material"),and not including Nonconforming Waste as defined here,
<br /> generated by Customer during the term of this agreement..For the purpose of this agreement"Regulated Medical Waste"includes but is not limited to sharps,gauze,bandages,containers,
<br /> tubing,blood,blood products,trace chemotherapy waste,tissue,specimens generated in the course of diagnosis and medical treatment or medical waste as defined by your State medical waste
<br /> regulations or the OSHA Bloodbome Pathogen Standard(29 CFR 1910.1030).Customer shall,at the time of tender,provide to Company accurate and complete documents,shipping papers or
<br /> manifests as required for the lawful transfer of the special or hazardous waste under all applicable federal,state or local laws or regulations(49 CFR 172.302)."Nonconforming Waste"means:(1.)
<br /> any waste or other material not falling within the definition of Regulated Medical Waste including complete human remains;(2.)radioactive waste;(3.)any listed hazardous waste;(4.)containers
<br /> that are damaged,leaking or could cause harm or exposure to employees,general public or others;(5.)waste that has been incorrectly identified,labeled and/or segregated;(6.)any waste or
<br /> device containing mercury including amalgam,vacuum pumps and other medical devices(7.)pharmaceutical waste(except what is accepted by the Company under our pharmaceutical disposal
<br /> program);(8.)boxes that exceed approved Company and DOT standards(9.)any other waste that cannot be collected,transported or treated by the Company in accordance with state and
<br /> federal regulations,laws and/or guidelines.Customer is liable for all damages and losses resulting from any Nonconforming Waste due to packing or the contents being collected,transported,
<br /> treated,or disposed by the Company.Further Waste Acceptance Definitions are addressed in the Attached Waste Acceptance Protocol.
<br /> 2.INSPECTION;REJECTION OF WASTE.Title to and liability for Nonconforming Waste shall remain with Customer at all times.Company shall have the right to inspect,analyze or test any
<br /> waste delivered by Customer.If Customer's Waste Material is Nonconforming Waste,Company can,at its option,reject Nonconforming Waste and return it to Customer or require Customer to
<br /> remove and dispose of the Nonconforming Waste at Customer's sole expense.Customer shall indemnify,hold harmless(in accordance with Section 6)and pay or reimburse Company for any
<br /> and all costs,damages and/or fines incurred as a result of or relating to Customers tender or delivery of Nonconforming Waste or other failure to comply or conform to this Agreement,including
<br /> costs of inspection,testing and analysis.
<br /> 3.COMPANY WARRANTIES.Company hereby represents and warrants that:(a)Company will manage the Waste Material in a safe and workmanlike manner in full compliance with all valid and
<br /> applicable federal,state and local laws,ordinances,orders,rules and regulations;and(b)it will use disposal facilities that have been issued permits,licenses,certificates or approvals required by
<br /> valid and applicable laws,ordinances and regulations necessary to allow the facility to accept,treat and/or dispose of Waste Material.Except as provided herein,Company makes no other
<br /> warranties and hereby disclaims any other warranty,whether implied or statutory.
<br /> 4.CHARGES AND PAYMENTS.Customer shall pay the rates set forth in Waste Management's tariff on file with the Washington Utilities and Transportation Commission(current copy attached),
<br /> rates may be adjusted in accordance with WAC 480-70-236.
<br /> 5.UNCONTROLLABLE CIRCUMSTANCES.Except for the obligation to make payments hereunder,neither party shall be in default for its failure to perform or delay in performance caused by
<br /> events beyond its reasonable control,including,but not limited to,strikes,riots,imposition of laws or governmental orders,fires,acts of God,and inability to obtain equipment,permit changes
<br /> and regulations,restrictions(including land use)therein,and the affected party shall be excused from performance during the occurrence of such events.
<br /> 6.ENTIRE AGREEMENT.This Agreement represents the entire understanding and agreement between the parties relating to the management of Waste Material Unless otherwise provided
<br /> herein,any modifications to this Agreement must be in accordance with applicable Washington Administrative Code and Accepted by the Washington Utilities and Transportation Commission
<br /> (where applicable).
<br /> 7.TERM and TERMINATION.This agreement will be renewed every 36 months or earlier if requested by generator from date written below and Company or Generator may terminate this
<br /> Agreement In accordance with applicable Washington Administrative Code
<br /> •
<br /> ATTEST:
<br /> pe,, City Clerk
<br /> AGREED&ACCEPTED on • ,2016("Effective Date")
<br /> WM Healthcare Solutions of Washington CUSTOMER
<br /> Signed: Signed: L._ _,'1�' r
<br /> Title: V,"' ,t S 4./11 1 Title:
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