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2024/09/11 Council Agenda Packet
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2024/09/11 Council Agenda Packet
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Council Agenda Packet
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9/11/2024
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Page 36 of 42 4/3/24 Agreement No. 2024-02 <br />d. Hazardous Material Release Reporting <br /> <br />Releases of oil or hazardous materials to the environment must be reported <br />according to the State Department of Ecology. It is the responsibility of the <br />Purchaser to have all emergency contact information readily available and a <br />means of remote communication for purposes of quick notification. In the <br />event of a spill, the Purchaser is responsible for notifying the following: <br /> <br />Appropriate Department of Ecology regional office (contact information <br />below). <br /> <br />City Contract Administrator, Mike Olson - 360-631-7606 ext. 6 or City of Everett Filtration <br />Plant 24 hours a day at 425-527-8200. <br />DOE - Northwest Region: <br />1-425-649-7000 <br />(Island, King, Kitsap, San Juan, Skagit, Snohomish, and Whatcom counties) <br /> <br />S-131 Refuse Disposal <br />All Purchaser generated refuse, including petroleum products, shall be removed from <br />City Property in accordance with the City’s Water Quality Protection Specifications <br />Dated 6/1/2011. All material must be removed prior to termination of this Contract. No <br />refuse shall be burned, buried or abandoned on state forest lands. All refuse shall be <br />transported in a safe manner and all loads or loose materials shall be covered/secured <br />such that these waste materials are properly contained during transport. <br /> <br /> <br /> <br />SECTION D: DAMAGES <br /> <br />D-10 Liquidated Damages <br /> <br />This clauses in the DAMAGES section of this Contract provides for payments by Purchaser <br />to the City for certain breach of the terms of this Contract. These payments are agreed to as <br />liquidated damages and not as penalties. They are reasonable estimates of anticipated harm <br />to the City caused by Purchaser's breach due to the difficulty of proving loss and the <br />inconvenience or non-feasibility of obtaining an adequate remedy. They also recognize <br />Purchaser's need for more certainty in assessing its responsibilities under this Contract. <br /> <br />D-21 Failure to Remove Forest Products <br /> <br />Purchaser's failure to remove all or part of the Forest Products sold in this Contract prior to <br />the expiration of the Contract term results in substantial injury to the City. The value of the <br />Forest Products sold at the time of breach is not readily ascertainable. Purchaser's failure to <br />perform disrupts the City’s management plans, the actual cost of which is difficult to assess.
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