HomeMy WebLinkAboutExposure Control PlanRESOLUTION 2011-192
ADOPTED
DOC ID: 6681
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-192 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 15, 2011:
RESOLVED thru the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to retain the services of a biohaTard waste removal company
and execute any associated contract in connection with the implementation of the Town of
Southold Exposure Control Plan, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
PO BOX 1215
EAST NORTHPORT, NY 11731
I (631) 493-2321 PHONE 1 (631) 493-0660 FAX
allcarewaste~yahoo.com I (866)-229-6994
ALL CARE WASTE SERVICES
DEC #1A-903 · EPA ID #NYR 001476852
CONTRACT FOR THE REMOVAL OF REGULATED MEDICAL WASTE
This contract is terminable by either partyk~o,n 3~days' written notice.
CUSTOMER~~ ~ ~'~'~(~/¥"") DATE: ~,~]11I CUSTOMER NO.:
m-wce y m- o ly
~ ~esday ~ W~y D ~y D ~ ~ ~
~/SERVICE SCHEDULE: ~ Weekly
/ PICKUP DAYS: ~ Monday
REMARKS:
RATES:
First Container
2-6 Containers
7-30 Containers
First container unscheduled pick up
Bl-montldy for bi-monthly service
Quarterly for Quarterly Service
Quarterly for On Call Service
Pick-Up Charge
Per Pound
Per Lb. for each Lb. over
TERMS AND CONDITIONS
1. Scone of Services; All Care Waste Services, Inc. (hereafter referred to as "ACWS") agrees to provide all treated and untreated Bio-Medical waste
removal services to customer as indicated above at customer's address. ACWS shall dispose of the waste in such manner as required by Federal, State,
and local regulations.
2. Contract Terms: This agreement shall commence on the date set forth above and shall cominue thereagter for an initial term of ~
( ~ ) years, and shall be renewed for a similar period without further action by the parties but may be terminated at the end of an con ' -
emer of the parties here n by not less than sixty (60)days prior written nottce by Registered Mad, Return Receipt Requested. In th~eve~te Pc;ns~od2eYr
seeks bids from other fully permitted infectious waste disposal companies for the propose of changing his/her service provider, the customer will submit
the written offer to ACWS and allow ACWS fourteen (14) days to match any bonafide offer prior to committing to alternative services.
3. Payment Terms: ACWS shall submit an invoice to Customer for services as established above plus all applicable taxes. Customer agrees to make
payment of such invoice within fifteen (15) days after date thereof. Any payments not received within (30) days of invoice date, will be considered past
due. All invoices are payable in f~ll without abatement or setofE
4. In the event the Customer fails to pay ACWS all amounts which become due under this agreement, or fails to perform its obligations hereunder, should
ACWS refer such matter to an attorney, customer agrees to pay, in addition to the amount due, any and all costs incurred by ACWS as a result of such
action, including a reasonable attorney's fee.
5. Bindin~ Effect; This Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns.
6. Notwithstanding any other provision of this agreement to the contrary, it shall be ACWS right to sub_contract any aspect of its services.
7. Packaeine Sunulie$: All packaging supplies furnished by ACWS shall be under custody and control of Customer, and Customer accepts responsibility
for supplies. Supplies shall at all times remain sole properly of ACWS. Any container which is damaged or lost will be replaced by customer at
customers' expense.
8. Force Majeure: ACWS shall not be liable for loss, damage, detention, or delay nor be deemed to ha in default from causes beyond its reasonable anntrol
or from fire, strike, or other action of workmen, act or any omission of any governmental authority, or of the Customer, insurrection or riot.
9. Default; ACWS may tarminate this Agreement without notice if customer:
a) Fails to make payment required within fifteen (15) days of due date;
b) Files a petition in bankruptcy or proceedings in bankruptcy are instituted against Customer and not dismissed or any court shall assume jurisdiction of
such party and its assets pursuant to proceedings under any bankruptcy or recoguition act, or a receiver is appointed, or Customer shall make
assignment for the benefit of ereditors, or;
c) Otherwise breaches any of the terms and conditions hereof. Upon termination of this Agreement, ACWS shall be entitled to exercise all rights and
remedies provided by law or equity and Customer shall pay, in addition to any damages, reasonable attorney's fees
10. Hazardous. Toxic. or Dangerous Waste: CUSTOMER SHALL NOT TENDER TO ACWS ANY BIO-MEDICAL WASTE THAT IS OR CONTAINS:
(1) a HAZARDOUS SUBSTANCE as that term is defined in Section 101 (4) of the Comprehensive Environmental Response Compensation and Liability
Act of 1980 (CERCLA) or either by characteristic or listing, is deemed to be a hazardous substance under any applicable Federal, State or Local Law, (ii)
"hazardous waste" as that term is described under th
, e Resource Conservation and Recovery Act ("RCRA"), (iii) a radioactive substance, (iv) a volatile
or explosive substance, or (v) a toxic substance. Customer agrees to indemnify and hold ACWS, its directors, officers, and employees harmless from
and against any and all liability, cost damage, fine or other expense, including attorney's fees, res~ltin~t from Customer's disposition of hazardpus, toxic
or dangerous waste in violation of this agreement. ~ -
DATE' '~ --tx~'}..Zt I /'! ~ '-'"- / ', ' ~ ~ r ..... --~ ~ ---~',t,'--"~
: /.. ,, ~ ~.,,a ~(..,, / ~ f.~
This contract will be Eove'--~ed bv the I.w~'
by binding arbitratlo~ cond ~d ; '-/ ...... e otase ti ~new xork. (An.y ?spu.te between the parties, concerning this contract shall be resolv
such arbitration.) ucte w~thln New York State. The Commission's Interpretation of its (rules and regulations shall be binding
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