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General Provisions - 2
<br />under this Agreement should any volunteer or other group member engage in conduct that
<br />violates standards of conduct, disrupts the activity, or harms or injures the welfare of other
<br />participants and third parties. Service Organization further agrees to immediately report all
<br />unsafe acts, dangerous conditions, and injuries to the City Project Manager or designee.
<br />H. Hazardous Materials. Service Organization shall not cause or permit any storage, use, sale,
<br />release, generation or disposal of any Hazardous Materials (as defined below) in, on or about
<br />City property; provided, however, Service Organization shall be permitted without notice or
<br />the City’s written consent to handle, store, use or dispose of products containing small
<br />quantities of Hazardous Materials, such as ordinary cleaning and ordinary maintenance
<br />products used by Service Organization for cleaning and maintenance in the reasonable and
<br />prudent conduct of the Work. Service Organization further covenants and agrees that at all
<br />times during the term of this Agreement, Service Organization shall comply with all applicable
<br />Environmental Laws (as defined below), now or hereafter in effect, regulating Contractor’s
<br />occupation and/or operation and/or use of City property. “Hazardous Materials” means any
<br />waste, pollutant, contaminant, chemical, petroleum product, pesticide, fertilizer, substance,
<br />or material that is defined, classified, or designated as hazardous, toxic, radioactive,
<br />dangerous, or other comparable term or category under any Environmental Laws (as defined
<br />below), including, but not limited to, gasoline, oil or any byproducts or fractions thereof,
<br />polychlorinated biphenyls, per- and polyfluoroalkyl substances, asbestos, paints, solvents,
<br />lead, cyanide, radioactive material, or any other materials which have adverse effects on the
<br />environment or the health and safety of persons. “Environmental Laws” means all federal,
<br />state, and local laws, statutes, rules, regulations, ordinances, and codes, and any judicial or
<br />administrative interpretation thereof or requirement thereunder, now or hereafter in effect,
<br />relating, to the regulation or protection of human health, safety, the environment and natural
<br />resources, including without limitation, the Comprehensive Environmental Response,
<br />Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.), the Hazardous Substances
<br />Transportation Act (49 U.S.C. §§ 5101 et seq.), the Clean Air Act (42 U.S.C. §§ 7401 et seq.),
<br />the Clean Water Act (33 U.S.C. §§ 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. §§
<br />6901 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.), the
<br />Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), the Emergency Planning and
<br />Community Right-To-Know Act (42 U.S.C. §§ 11001 et seq.), and any similar or comparable
<br />state or local laws, including without limitation, the Model Toxics Control Act (Chapter
<br />70A.030 RCW, formerly codified at Chapter 70.105D RCW) and the Hazardous Waste
<br />Management Act (Chapter 70A.029 RCW, formerly codified at Chapter 70.105 RCW).
<br />I. Liens. Service Organization shall keep City property free from any liens arising out of work
<br />performed for, materials furnished to, or obligations incurred by, or on behalf of, Service
<br />Organization in the performance of this Agreement. Any construction liens filed against City
<br />property for work or materials claimed to have been furnished to Service Organization will
<br />be discharged by Service Organization, by bond or otherwise, within ten (10) days after the
<br />filing of the claim or lien, at Service Organization’s sole cost and expense. Should Service
<br />Organization fail to discharge any such construction lien, the City may, at its election, pay
<br />that claim or post a bond or otherwise provide security to eliminate the lien as a claim
<br />against title and the cost to the City shall be immediately due and payable by Service
<br />Organization. Service Organization shall indemnify and hold the City harmless from and
<br />against any liability arising from any such lien.
<br />J. Public Property. City property is public property. Regardless of any other provision of this
<br />Agreement, the City may at any time and at the City’s sole discretion move or eliminate any
<br />or all of the Work from City property.
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