HomeMy WebLinkAbout2007-07-10; City Council; 19082; Approval Hazardous CleanupCITY OF CARLSBAD / PUBLIC
FINANCING AUTHORITY- AGENDA BILL
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MTG.
DEPT.
19,082
7710/07
CA
APPROVAL OF EMERGENCY ACTION
TAKEN BY CITY MANAGER FOR
HAZARDOUS MATERIAL CLEANUP
AND APPROPRIATIONS FOR
CLEANUP AND REPAIR OF DAMAGE
TO THE CROSSINGS AT CARLSBAD
GOLFCOURSE FROM A PLANE CRASH
DEPT. HEAD
CITY ATTY.
CITY MGR.
2007-178 ratifying the City Manager's declaration of
RECOMMENDED ACTION:
City Council adoption of Resolution No.,
emergency action and appropriating funds in an amount not to exceed $500,000 for the
mitigation, transportation and disposal of hazardous materials caused by an airplane which
crashed onto The Crossings at Carlsbad Municipal Golf Course.
Carlsbad Public Financing Authority adoption of Resolution No. 39 authorizing a
change order to its existing contract with Wadsworth Golf Course Construction Company in an
amount not to exceed $250,000 to repair damage to The Crossings at Carlsbad Golf Course ,
caused by an airplane crash.
ITEM EXPLANATION:
On July 3, 2007 at approximately 5:30 a.m. a plane taking off from Palomar Airport in heavy fog
hit two power lines and landed on the No. 3 hole at the new Carlsbad municipal golf course.
The accident left fuel and debris on the golf course and a quarter mile beyond the green. On
that same date the County of San Diego issued an Official Notice of Violation to Southwest
Consulting Group, Inc., the owner of the plane, ordering it to immediately contract with a
licensed hazardous waste contractor for proper removal and disposal of contaminated soil.
Southwest Consulting Group flight insurance company, CTC Services Aviation (LAD Inc.), an
independent claims management company that adjusts losses insured by U.S. Specialty
Insurance Company for initially contracted with NRC Environmental Services to do the
emergency clean up work.
On July 6, 2007 after the cleanup work had begun, CTC Services Aviation reneged on that
obligation and it became necessary for the City, as the land owner, to authorize NRC to
complete the clean up work. The City Manager declared the necessity for emergency action on
that date, to allow the City to utilize emergency contracting procedures pursuant to Public
Contract Code §22050 to immediately contract with NRC to mitigate, transport and dispose of
contaminated materials on the golf course. A copy of the County Notice of Violation, Declaration
of Local Emergency and the Emergency Response Work Order for the work to be done by NRC
are attached as Exhibits C, D and E. Public Contract Code § 22050 provides that the City
Manager must report to the City Council, at its next regular meeting, the reasons justifying why
DEPARTMENT CONTACT: Ron Ball 760-434-2801
FOR C/7Y CLERK'S USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
Daa
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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the emergency would not permit a delay resulting from a competitive solicitation for bids and
why the action is necessary to respond to the emergency. The City Council, pursuant to a four-
fifths vote may repair or replace a public facility and ratify any directly related and immediate
action required by that emergency without giving notice for bids to let contracts.
Once the removal of contaminated soil and other materials is completed by NRC, it will be
necessary for the golf course contractor, Wadsworth Golf Course Construction Company, to
repair the extensive damage to the fairway and green for hole no. 3 of the golf course, as well
as any other areas damaged by fire. This work was initially contracted for by the Carlsbad
Public Finance Authority and can be accomplished with a change order to the existing contract
with Wadsworth.
FISCAL IMPACT:
Estimates of the costs involved are preliminary. NRC is working on a time and materials basis,
and the cleanup cost is currently estimated to be as much as $500,000. An estimate by
Wadsworth of the cost of repair to the third hole and other fire damage is estimated to be up to
$250,000. The City of Carlsbad and the Carlsbad Public Financing Authority will request
authorization at a later time for any necessary action to recover all costs from the responsible
parties.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section
15269.
EXHIBITS:
A. Resolution N6?oo7-I7fiiappropriating funds in the amount of $500,000 for the cleanup of
hazardous materials
B. Resolution No. 39 authorizing a change order to the existing golf course contract.
C. Declaration of Local Emergency
D. San Diego County Notice of Violation
E. Emergency Response Work Order
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Exhibit A
RESOLUTION NO. 2007-178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CONFIRMING STAFF
ACTIONS AND WAIVING BIDDING PROCEDURES AS
SET FORTH IN CARLSBAD'S PURCHASING
ORDINANCE SECTION 3.28.130; AND AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO PAY FOR
ALL EQUIPMENT, SERVICES AND SUPPLIES RELATED
TO THIS EMERGENCY
WHEREAS, on July 6, 2007, the City Manager of the City of Carlsbad
proclaimed the existence of a local emergency in Carlsbad resulting from a
airplane accident at the Crossings at Carlsbad Municipal Golf Course on July 3,
2007; and
WHEREAS, Pubic Contract Code section 1102 defines emergency
as "a sudden, unexpected occurrence that poses a clear and imminent danger,
requiring immediate action to prevent or mitigate the loss or impairment of life,
health or property, or essential public services"; and
WHEREAS, on July 3, 2007 the County of San Diego issued a Notice
of Violation and ordered Southwest Consulting Group Inc., the owner of the
airplane, to immediately contract with a licensed hazardous waste contractor for
proper removal and disposal of contaminated soil; and
WHEREAS, CTC Services Aviation (LAD Inc.), an independent
claims management company that adjusts losses insured by U.S. Specialty
Insurance Company, the company providing flight insurance for Southwest
Consulting Group, initially contracted with NRC Environmental Services for the
cleanup, but subsequently reneged on its authorization; and
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WHEREAS, it was therefore necessary for the City, as land owner, to
authorize payment of NRC Environmental Services for the cleanup of the
hazardous waste and debris; and
WHEREAS, in the event of an emergency, Section 3.28.130 of the
Carlsbad Municipal Code gives the City Manager authority to declare a public
emergency and take action to procure any necessary equipment, services and
supplies, without adopting the plans, specifications, or working details or giving
notice of bids to let contracts, subject to confirmation by the City Council, by a
four-fifths vote at its next regular meeting following the declaration of the
emergency.
WHEREAS, on July 6, 2007 the City Manager declared a Local
Emergency and authorized NRC Environmental Services to proceed with the
cleanup; and
WHEREAS, current estimates are that the cost for the mitigation,
transportation and disposal of hazardous materials will be approximately
$500,000.
NOW, THEREFORE, IT IS PROCLAIMED THAT:
1. That the above recitations are true and correct.
2. That the City Manager or his designee is authorized and
directed to abate the emergency and the rules requiring notice and advertisement
of bidding for such contracts shall likewise be suspended during the term of the
emergency which will be revisited at the next regular Council meeting pursuant to
Public Contract Code section 22050.
3. The sum of $ 500,000 is appropriated to pay for the mitigation,
transportation and disposal of the hazardous materials.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Nygaard.
NOES: Council Member Packard.
ABSENT: None.
RR/JJNE M. W
(SEAL)
D, City CJsrK,,,
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Exhibit B
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RESOLUTION NO. 392
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CROSSINGS AT CARLSBAD GOLF COURSE
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A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD PUBLIC FINANCING AUTHORITY, CALIFORNIA,
AUTHORIZING A CHANGE ORDER TO ITS CONTRACT WITH
WADSWORTH GOLF COURSE CONSTRUCTION COMPANY
NOT TO EXCEED $250,000 TO REPAIR DAMAGE TO THE
WHEREAS, on July 3, 2007, an airplane crashed onto The Crossings at Carlsbad
Golf Course and causing significant damage; and
WHEREAS, current estimates are that the cost of the repair will be approximately
$250,000; and
WHEREAS, the Carlsbad Public Financing Authority has an existing contract with
Wadsworth Golf Course Construction Company for construction of the golf course.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the foregoing accident and resultant damage require immediate repair and
restoration of the golf course which is imminently scheduled to open.
3. That the Executive Director or his designee is hereby authorized to execute a
change order in an amount not to exceed $250,000 for the repair and restoration.
4. The sum of $250,000 is appropriated to pay for the cost of repair to the third hole
and other fire damage.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad
Public Financing Authority held on the 10th day of July, 2007, by the following vote to
wit:
AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
A LtWIS, Chairman of the Board
ATTEST:
ORRAIE M.
(SEAL)
Exhibit C
DECLARATION OF LOCAL EMERGENCY IN ORDER TO IMMEDIATELY
PROCURE EQUIPMENT, SERVICES AND SUPPLIES
WHEREAS, the City Council of the City of Carlsbad empowers the City Manager
to proclaim the existence of a local emergency when said City is affected by a public
calamity and the City Council is not in session; and
WHEREAS, the City Manager of the City of Carlsbad, California does hereby
find:
That conditions of extreme peril to the safety of persons and property have arisen
within the City of Carlsbad caused by a plane crash that occurred on the Crossings at
Carlsbad Municipal Golf Course on July 3, 2007; and
That these conditions created unexpected occurrences that posed a clear and
imminent danger and required immediate action to prevent or mitigate the loss or
impairment of life, health, property, or essential public services, and are or are likely to
be beyond the control of the services, personnel, equipment and facilities of the City of
Carlsbad; and
That these conditions did not permit a delay resulting from a competitive
solicitation for bids, and that the action is necessary to respond to the emergency; and
That the City Council of the City of Carlsbad was not in session and could not
immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency
now exists throughout the City of Carlsbad, California; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of
said local emergency, the powers, functions and duties of the emergency organization of
the City of Carlsbad are those prescribed by state law, by ordinances and resolutions of
the City of Carlsbad Emergency Plan.
Dated: jA^Li (Q . crCX) / B
RaymoSl R. PatchetrCity Manager
City of Carlsbad, California
07/06/2007 16:21 FAX ExhlMt D i!002
COUNTY OF SAN DIEGO
BUSINESS
ADDRESS
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PAGE
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DATE
TIME
BUS. CODE
SPECIALIST'
CONTACT
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OWNERS NAME
OWNERS ADDRESS //&SS
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/4n inspection of your business was conducted, under the authority of Section 25185 of the California Health and Safety Code. This inspection
was conducted with purpose of determining compliance with Chapters 6.5. 6. 7, 6.95 in Division 20, of the California Health and Safety Code
(fl&S); Titles 19.22 and 23 of the California Code of Regulations (CCK); and the San Diego County Code (SDCC). The following statements
describe conditions which are violations of the law or that require further investigation. These observations require a formal response
and/or immediate corrective action be taken. Failure to correct these violations or to provide information requested in a timely manner may
be a factor in determining the course of further legal action.
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JOB TITLE:.
REPRESENTATIVE'S SIGNATURE)
" OR PATE OF BIRTH),£NS£#,<
Hazardous Materials Specialist Date
Miiv.rj-~;:•',*•*£&'&»<8$S&?f'*W-
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Department of Environmental Health, Hazardous Materials Division, P.O. Box 129261, Sun Diego, CA 92II2-9261; (619) 338-2222
DEH:HM-912(Rev. 2/99) NCR
DISTRIBUTION: WHITE - HMD FILE
YELLOW - ESTABLISHMENT COPY
Exhibit E
Work Order #
(A SR(I ENVIRONMENTAL SERVICES INC. (NRCES)
EMERGENCY RESPONSE WORK ORDER
Date of Services:
Customer:
Customer's AuthorizedJRepresentative:.
Address: it 6^
City:
Phone:
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fa/\peasi VfA
State
Fax:
Zip <-
Email:
THIS WORK ORDER IS SUBJECT TO THE TERMS AND CONDITIONS ATTACHED AS APPENDIX "A" AND
NRCES' CURRENT PRICE LIST. EXECUTION BY CUSTOMER BELOW SIGNIFIES CUSTOMER'S RECEIPT OF
AND AGREEMENT TO APPENDIX "A" AND THE PRICE LIST.
Description of Services:fa/Tl
(NRCES will perform the Services as directed by Customer and the regulatory agencies involved.)
Location of Services: \ C\ C:>
Compensation: NRCES shall be paid for the Services in accordance with the rates and terms contained in the current
Price List hereby incorporated by reference into this Work Order. Cost and scheduling information provided by NRCES
are estimates only and shall not be binding upon NRCES. Customer's agreement to accelerated invoicing and partial
payments within 72 hours is a material term of this Agreement and a condition precedent to performance by
NRCES. NRCES can suspend and/or terminate operations immediately upon delays in payment
insurance: Customer shall provide NRCES with a certificate of insurance naming NRCES as an additional insured on the
policy covering the cleanup services. If a certificate is not provided, or the insurance limits or insurance companies are
unsatisfactory to NRCES, NRCES may demand advanced payments from the Customer as a condition precedent to
continued performance. Customer is liable for fall and timely payment to NRCES for all Services regardless of the
involvement of any insurance company. All directions, decisions, approvals and communications of Customer's
insurance company .to NRCES are performed as agent for Customer.
Limited Power of Attorney: If initialed , Customer hereby appoints NRCES as its attorney-in-fact to
execute on behalf of Customer in Customer's name as Customer's act and deed all profile, waste manifests and other
documents required for the transportation and disposal of waste recovered by NRCES during the performance of the
Services. This appointment may be relied upon until withdrawn in writing.
Guarantee: As a material inducement to NRCES to perform the Services,
(Guarantor) agrees that if Customer fails to make full payment of invoiced amounts within sixty (60) days of the due date,
Guarantor shall pay all outstanding amounts to NRCES within thirty (30) days of receipt of an invoice from NRCES.
Guarantor signature:Title:Date:
NRC Environmental Services Inc.
'Name:
Date:
Authorized Agent of Customer
Name: \ / j^
Title: /Mrr- V$*.
Rev 2-04
Appendix A to Emergency Response Work Order
to
NRC ENVIRONMENTAL SERVICES INC. (NRCES)
EMERGENCY RESPONSE WORK ORDER
Work Order # _ Date of Services:
Customer: City O
Customer's Authorized Representative: f
£# ff/Address: _J2^O (rti &£# f// 6
City: C&d&ffid State _6£_ 2. <9
Phone: /IbfrffiMgSfeFax: IW-ffrfW Email. ^M (*?*(& Cf> C&rl$bA0. C#-
THIS WORK ORDER IS SUBJECT TO THE TERMS AND CONDITIONS ATTACHED AS APPENDIX "A" AND
NRCES' CURRENT PRICE LIST, EXECUTION BY CUSTOMER BELOW SIGNIFIES CUSTOMER'S RECEIPT OF
AND AGREEMENT TO APPENDIX "A" AND THE PRICE LIST.
Description of Services: $P'lf C 1*4* t
(NRCES will perform the Services as directed by Customer and the regulatory agencies involved.)
Location of Services: £&/£&*"** ~/f»* Ptik/M
Compensation:NRCES shall be paid for the Services in accordance with the rates and terms contained in the current
Price List hereby incorporated by reference into this Work Order. Cost and scheduling information provided by NRCES
are estimates only and shall not be binding upon NRCES. Customer's agreement to accelerated invoicing and partial
payments within 72 hours is a material term of this Agreement and a condition precedent to performance by
NRCES. NRCES can suspend and/or terminate operations immediately upon delays in payment.
Insurance: Customer shall provide NRCES with a certificate of insurance naming NRCES as an additional insured on
the policy covering the cleanup services. If a certificate is not provided, or the insurance limits or insurance companies
are unsatisfactory to NRCES, NRCES may demand advanced payments from the Customer as a condition precedent to
continued performance. Customer is liable for full and timely payment to NRCES for all Services regardless of the
involvement of any insurance company. All directions, decisions, approvals and communications of Customer's
insurance company to NRCES are performed as agent for Customer.
Limited Power of Attorney: If initialed _ , Customer hereby appoints NRCES as its attorney-in-fact to
execute on behalf of Customer in Customer's name as Customer's act and deed all profile, waste manifests and other
documents required for the transportation and disposal of waste recovered by NRCES during the performance of the
Services. This appointment may be relied upon until withdrawn in writing.
Guarantee: As a material inducement to NRCES to perform the Services, (Guarantor) agrees that if Customer
fails to make full payment of invoiced amounts within sixty (60) days of the due date, Guarantor shall pay all outstanding
amounts to NRCES within thirty (30) days of receipt of an invoice from NRCES.
Guarantor signature: _ Title :_ _ Date: _
NRC Environmental Services Inc. Authorized Agent of Customer
l/a/b "Px^/Mfa*?<0£''**\Name: _r\£l*1 I^^'V^ __J Name:
Signature:C7
Title:
Date:
(07/06/2007) Jane Mobaldi - 2025_001.pdf Page 3
Appendix A to Emergency Response Work Order
Terms and Conditions
1. Terms and Conditions: The Work Order, Ihc Price
List and (his Appendix A (collectively "the Agreement") constitute
the entire agreement between NRC Environmental Services Inc.
(NKCES) and Customer named on the front of the Work Order.
Provisions contained in any purchase order, or other document
provided by Customer that vary or conflict with the terms contained
herein arc hereby rejected unless expressly agreed to by NRCES.
Modification to this Agreement may be made only in writing, signed
by both parlies. The parties agree thai any facsimile copy of this
Work Order, attachments and signatures and initials are valid and
binding on the parties. This Agreement may be signed in multiple
counterparts. No failure of NRCES to lake any action or assert any
right shall be deemed a waiver of thai right.
2. Payment: This Agreement is subject to accelerated
payments. Unless otherwise agreed by NRCES in writing, 75%
of invoiced amounts shall be paid within 72 HOURS of
Customer's or its agent's receipt of each invoice submitted by
NRCES. The remaining 25% of invoiced amounts shall be paid
within 30 days after receipt of each invoice submitted by NRCES.
Lale paymenls shall earn interest at the rale of 1.5 % per month, or
the maximum rate permitted by law, whichever is less, from the due
date until paid. In addition to interest, Customer shall pay all costs
incurred by NRCES to collect overdue amounts, including collection
fees, filing fees, court costs and attorney's fees. NRCES reserves all
legal rights and recourses against (he Customer and its property for
failure of Customer to pay invoices when due.
3. Schedule: NRCES shall use reasonable effort to complete
the Services in accordance to Ihc agreed schedule. However, no
warranties or representations are made as to the completion date of
any Services undertaken, nor will Customer have any right to
damages arising from delays of NRCES in the completion of the
Services.
4. Changes. Suspension: Any changes requested by Customer
in the Services at any time shall be compensated by Customer in
accordance with NRCES' Price List then in effect. Unknown or
unanticipated conditions (conditions differing from information
provided by Customer or differing from those revealed by a visual
site inspection), changes in laws or required standards or directions
by federal or slate agencies shall be considered a change requested by
Customer. In the event NRCES' performance is suspended by
Customer, government personnel, weather or other reason beyond
NRCBS' control, NRCES shall be paid at the rates contained in She
Price List for personnel and equipment that is required to standby, for
demobilization and mobilizalion costs, and other costs incurred as a
result of such suspension.
5. Warranty: NRCES shall perform the Services with that
skill and workmanship exercised by similar firms performing similar
services. NRCES will reperform defective workmanship if written
notice of the defect is received by NRCES prior to acceptance and
demobilization of emergency response Services. NRCES makes no
warranty that NRCES will recover any specific quantity of
hazardous or other substance or that any specific level of
cleanliness will be achieved or human activity can be resumed,
NRCKS' rcpcrformance of deficient Services shall constitute
NRCES' sole liability and is made in lieu of all warranties,
expressed, implied or statutory, including the warranties of
merchantability, fitness for a particular purpose, custom and usage or
otherwise, which arc hereby disclaimed bv NRCES and waived by
Customer. NRCES' liability lo Customer for any reason in
connection with the performance of the Services shall terminate upon
acceptance of the Services bv Customer.
6. Handling of Waste: By virtue of performing (he Services,
NRCES will not accept or acquire (i) title to any wasle handled by
NRCES; or (ii) the status of Ihc generator, owner, operator or
arranger of treatment, storage or disposal, as defined by
federal and state laws governing the handling, treatment,
storage or disposal of solid or hazardous waste. Customer
warrants that it has title to and is generator of any hazardous waste or
substance handled by NRCES in the performance of the Services. If
Customer requests assistance with the treatment, storage or disposal
of any waste or substance regulated by law, NRCES will transport
such waste or cause it to be transported under a waste manifest
executed by Customer or its agent to a disposal or treatment facility
selected by Customer. Customer shall pay all fees and (axes arising
from or related to handling, transportation and disposal of
Customer's waste. Any transportation undertaken or arranged by
NRCES to any disposal facility, and any excculion of contracts,
waste profiles, or payment by NRCES for any transportation or
disposal services shall be solely as Customer's agent. Customer
shall remain responsible for any claims by the disposal facility with
respect to the wasle and shall look solely to the disposal facility in
the event of a release or other liability arising from (he disposal
service.
7. Insurance: During the performance of Ihc Services,
NRCES shall maintain worker's compensation and employer's
liability insurance, commercial general liability insurance in the
amount of $1,000,000 per occurrence/$2,000,000 aggregate;
automobile liability insurance in the amount of $1,000,000 combined
single limit and Contractor's Pollution Liability insurance in the
amount of $1,000,000 per occurrence. Upon request, Customer can
be named an additional insured on the general liability policy but
only to the extent the occurrence is caused by the negligent
operations of NRCES. NRCES' insurance shall not extend to cover
the fault or negligence of Customer or any third parly.
8. Indemnification bv Customer: Customer shall indemnify,
defend and hold NRCES harmless from and against any and all loss,
liability, claims, damages, fines, penalties costs or expenses
(including defense costs and attorney's fees) incurred by Customer,
NRCES or third parties arising from or in connection with any bodily
injury or death, property damage, environmental release, impairment,
pollution or condition or arty other cause occurring prior to NRCES'
commencement of Ihc Services, and during or after ihe performance
of ihe Services except lo the limited extent directly attributable to
NRCES' negligent performance of the Services.
9. Limit of Liability: Notwithstanding any other provision
contained in this Agreement, neither party shall be liable lo the other
parly for any indirect, special or consequential damages of any kind,
including without limitalion, lost profits or loss of use, regardless of
the cause, including negligence. NRCES' AGGREGATE
LIABILITY UNDER THIS AGREEMENT OR ARISING FROM
THE PERFORMANCE OF THE SERVICES SHALL NOT
EXCEED 200% OF THE COMPENSATION RECEIVED BY
NRCES, HOWEVER CAUSED, INCLUDING NEGLIGENCE,
AND CUSTOMER SHALL RELEASE AND INDEMNIFY NRCES
AGAINST LIABILITY IN EXCESS OF THIS AMOUNT TO TOE
FULLEST EXTENT ALLOWABLE BY LAW.
10. Suspension or Termination by NRCES: NRCES may
suspend or terminate this Agreement at any time in Ihe event of I)
failure of Customer to timely pay amounts due, or 2) breach by
Customer of any provision of this Agreement. Customer shall be
responsible for all charges incurred as a result of such termination or
suspension, in addition lo charges for Services performed hercunder.
11. Law and Jurisdiction: This Agreement and Ihe righls and
obligations of the parties shall be governed by ihe law of Ihe Stale of
Washington. Any suit, action or proceeding brought by any parly
shall be commenced exclusively in Ihe state or federal court of
competent jurisdiction situated in Seallle, Washington, and each
party hereby submits lo the exclusive jurisdiction of such court.
Rev. 2/04