2008/03/19 Council Agenda Packet

VCP AGREEMENT • Facility/Site Name: Everett City Bond Street • Facility/Site No.: 96863992 IIVWM 14,;l. • VCP Project No: NW 1328 For Office Administrative Use Onlyr'` 1 irtoc .ti' This document constitutes an Agreement between the State of Washington Department of Ecology (Ecology) and City of Everett (Client) to provide informal site-specific technical consultations under the Voluntary Cleanup Program (VCP) for the Site identified above and associated with the following address: Bond Street& Kromer Ave., Everett, WA 98201 The purpose of this Agreement is to facilitate independent remedial action at the Site. Ecology is entering into this Agreement under the authority of the Model Toxics Control Act (MTCA), Chapter 70.105D RCW, and its implementing regulations, Chapter 173-340 WAC. If a term in this Agreement is defined in MTCA or Chapter 173-340 WAC, then that definition shall govern. Services Provided by Ecology Upon request, Ecology agrees to provide the Client informal site-specific technical consultations on the independent remedial actions proposed for or performed at the Site consistent with WAC 173-340- 515(5). Those consultations may include assistance in identifying applicable regulatory requirements and opinions on whether the remedial actions proposed for or conducted at the Site meet those requirements. Ecology may use any appropriate resource to provide the Client with the requested consultative services. Those resources may include, but shall not be limited to, those of Ecology and the Office of the Attorney General. However, Ecology shall not use independent contractors unless the Client provides Ecology with prior written authorization. In accordance with RCW 70.105D.030(1)(i), any opinions provided by Ecology under this Agreement are advisory only and not binding on Ecology. Ecology, the state, and officers and employees of the state are immune from all liability. Furthermore, no cause of action of any nature may arise from any act or omission in providing, or failing to provide, informal advice and assistance under the VCP. Payment for Services by Client The Client agrees to pay all costs incurred by Ecology in providing the informal site-specific technical consultations requested by the Client consistent with WAC 173-340-515(6) and 173-340-515(6). Those costs may include the costs incurred by attorneys or independent contractors used by Ecology to provide the requested consultative services. Ecology's hourly costs shall be determined based on the method in WAC 173-340-550(2). Ecology shall mail the Client a monthly itemized statement of costs (invoice) by the tenth day of each month (invoice date) that there is a balance on the account. The invoice shall include a summary of the costs incurred, payments received, identity of staff involved, and amount of time staff spent on the project. The Client shall pay the required amount by the due date, which shall be thirty (30) calendar days after the invoice date. If payment has not been received by the due date, then Ecology shall withhold any requested opinions and notify the Client by certified mail that the debt is past due. If payment has not been received within sixty (60) calendar days of the invoice date, then Ecology shall stop all work under the Agreement and may, as appropriate, assign the debt to a collection agency under Chapter 19.16 RCW. The Client agrees to pay the collection agency fee incurred by Ecology in the course of debt collection.