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HomeMy WebLinkAboutMason County Garbage (2021)SERVICE AGREEMENT BETWEEN MASON COUNTY DEPARTMENT OF PUBLIC WORKS AND MASON COUNTY GARBAGE CO., INC. FOR SOLID WASTE DROP BOX HAULING AND REGIONAL RECYCLING DROP STATION PROGRAM INTRODUCTION This Agreement regarding servicing the SOLID WASTE DROP BOX HAULING AND RECYCLING DROP-OFF programs is entered into this 1st day of April. 2021, between Mason County ("County"), a political subdivision of the State of Washington, and Mason County Garbage Co., Inc. ("Contractor"), doing business in the State of Washington. AUTHORITY TO MAKE CONTRACT This Agreement is in furtherance of the County's authority to provide for public health, safety and welfare, and is consistent with the Washington State Constitution Article XI, Section 11, and Chapter 70.95 RCW and establish a solid waste handling and recycling program for Mason County. PROCESS The County undertook a process in accordance with Chapter 36.58.090 RCW to select a firm to service the solid waste drop box and recycling drop stations in Mason County. The County determined that this process is the most advantageous for the County in awarding this Agreement; that the Contractor is qualified to provide the services sought by the County; and that the Contractor has offered to provide those services in a manner and at rates that the County finds to be in the best interests of the ratepayer living within the County and using the services, and in a manner that the County finds to be financially sound and advantageous compared to other methods. It is the intent of this Agreement to provide a five-year term relationship between the County and Contractor for: collection, transportation and marketing of recyclable material through the regional recycling drop station program and collection and transportation of 40 CY containers to and from the public drop box stations at Belfair, Hoodsport, and Union, to the Solid Waste Transfer Station at Shelton. The Contractor is required to keep a minimum of two 40 Cubic Yard (CY) containers at Hoodsport and Union, and a minimum of three 40 CY containers at Belfair. COSTS Costs are the prices set out by the Contractor in the submitted proposal and later negotiated as allowed in the Chapter 36.58.090 RCW and accepted by the County. Said costs will go into effect on April 15t 2021. The cost of service shall be computed on a monthly basis according to the service provided and costs established by this Agreement. DESIGNATED AGREEMENT ADMINISTRATION If at any time the Contractor is required to have County approval, that approval shall come from the Deputy Director of Utilities/Waste Management. The Deputy Director or the Project Manager will work closely with the Contractor to confirm any approval(s) required by this Agreement. RESPONSE TO THE RFP The response of the Contractor to the RFP was submitted to the County on December 31st, 2020. SERVICE AGREEMENT The Service Agreement includes this Agreement, and 1. The Request for Proposals; 2. The response to the Request for Proposals; 3. Any and all addendums to the Agreement; and 4. Any and all appendices, amendments, extensions to or extensions of the foregoing documents which the parties have agreed to in the manner prescribed by this Agreement. In the event of conflict(s) among service Agreement documents, then information from the latest documents (as determined by the date issued) shall supersede any earlier conflicting information. SCOPE OF WORK The Agreement calls for performance of work for a period of (5) five years beginning on April 1, 2021, and ending on April 1, 2026. The Agreement may be renegotiated, at the County's discretion, for an additional period of time. Subsequent Agreements will not be for less than one-year increments. The Contractor must provide sufficient personnel, equipment, supplies and maintenance to perform all operations and ail incidental work in accordance with these Agreement documents and all applicable laws and regulations pertaining hereto. A. Recycling The Contractor will supply the necessary containers, replace full recycle containers, on a regular pickup schedule mutually agreed upon and approved by the County, with empty containers to allow for continuous operation of the drop stations. It is their responsibility to market all materials and provide monthly reports that detail quantities of each recyclable commodity, values of each commodity sold and the final destination of each recyclable commodity. B. Drop Box Hauling The Contractor will supply the necessary containers, replace full containers, on a regular pickup schedule mutually agreed upon and approved by the County, with empty containers to allow for continuous operation of the drop stations. The 40 CY containers, provided by the Contractor at each drop box station, must be hauled over public highways, when full, to the Mason County Solid Waste Facility. The applicable drop box stations are located as follows: 1. Mason County Solid Waste Facility, Shelton 2. Belfair Drop Box Station 3. Hoodsport Drop Box Station 4. Union Drop Box Station The materials to be collected, hauled and disposed by the Contractor pursuant to this Agreement consist of non -hazardous municipal solid waste; provided, however, that the term "non -hazardous municipal solid waste" specifically excludes any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations ("Excluded Waste"). Title to and liability for any Excluded Waste shall never transfer to the Contractor. The Contractor has the right to refuse, any load(s) of waste(s) that Contractor reasonably believes contains Excluded Waste. The Contractor shall have the right to inspect all containers in order to determine whether the waste is Excluded Waste. Title to any Excluded Waste placed in drop boxes at the drop box stations shall remain with the generator of such Excluded Waste to the extent such generator can be identified. The County shall be responsible for, and bear all reasonable expenses and damages incurred by the Contractor as a result of Excluded Waste and in the reloading and removal of Excluded Waste disposed in the drop boxes at the drop box stations. The Contractor, may also, in its sole discretion, require the County to promptly remove the Excluded Waste. RECORD KEEPING The Contractor shall at all times maintain an accounting system that uses generally accepted accounting principles for all services rendered in connection with this Agreement. The Contractor accounts and records covering these charges and all invoices and payments on account of this Agreement shall be open to inspection for any reasonable purpose by the County, their authorized representative and officers or employees at all times during the term of this Agreement and for six months thereafter. The County shall have the right to inspect and copy all documents, to interview any persons, and to review any evidence in the Contractor's possession or control, which may assist the County in determining what amounts are owed to the Contractor or County. COMPLIANCE WITH REGULATIONS The Contractor shall comply with all Federal, State and Local regulations, including Mason County's Solid Waste Handling and Facilities Regulations. All activities will be conducted in accordance with applicable codes and their intent to prevent illegal handling and disposal practices. PERMIT COMPLIANCE AND INDEMNIFICATION The Contractor will be required to perform all operations in complete compliance with all permits issued by the regulatory agencies. Any penalties levied by regulatory agencies for permit non-compliance due to actions of the Contractor will be paid by the Contractor at no cost to the County, or may be withheld from payment to the Contractor. The Contractor expressly agrees to indemnify and hold the County harmless for any penalties, interest and/or feed assessed or levied against it or the County due to non- compliance with any permits issued by a regulatory agency of the Federal, State, or County Government in connection with the services to be provided by the Contractor pursuant to this Agreement. SEVERABILITY If any term or provision of this Agreement, or the application thereof, to any person or circumstances, shall to any extent be invalid or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent allowed by law. Further, the parties shall negotiate in good faith regarding amendments to this Agreement that would, to the maximum extent possible, effectuate the intent of any provision determined to be invalid or unenforceable. MOBILIZATION The Contractor shall be responsible for mobilization of all personnel and equipment. NO THIRD -PARTY BENEFICIARY The rights and obligations created by this Agreement are for the sole benefit of the parties, and neither person nor party shall be a beneficiary, intended or otherwise, of any such rights or be entitled to enforce any of the obligations created by this Agreement. ADDITIONAL WORK The County may from time to time, request the Contractor to provide improvements or do additional work beyond the scope of this Agreement. Upon request by the County, the Contractor agrees to good faith consideration to negotiate accomplishment of the work desired by the County. If the Contractor agrees to negotiate, the parties shall determine the work to be done and the compensation to be paid. The County shall not be precluded from awarding Contracts to any person other than the Contractor for the accomplishment of any desired improvements if the County in its sole discretion deems such Contracts most beneficial to the County. In such case, the Contractor will cooperate and coordinate with any other Contractor or the County in allowing and facilitating installation of said improvements WORK TO BE PERFORMED BY THE COUNTY OR OTHER CONTRACTORS During the period of this Agreement, the County (either with its own forces or under separate Contract) will require the cooperation of the Contractors in scheduling and coordination to avoid conflicts. The Contractor shall be responsible for becoming familiar with the various schedules and degree of disruption that may arise. The Contractor shall cooperate with the County in the coordination of operation in a manner that will provide the least amount of interference with the County's operation. JURISDICTION AND VENUE Any action of law or suit in equity or judicial proceeding arising out of this Agreement shall be instituted and maintained only in the courts of competent jurisdiction in Mason County, in the State of Washington. TECHNICAL REQUIREMENTS This section specifies minimum requirements for the operation of the solid waste drop box stations and recycling drop station programs. The requirements established herein are the minimum prescribed requirements and are not intended in any way to be inclusive or in any way to limit the Contractor to specific procedures or methods, but rather are intended to ensure the expected quality of drop box and recycling drop station operation and maintenance. Contractor personnel shall be trained as required for specific tasks or functions in accordance with the specific responsibilities set forth in the Agreement for the various elements of this program. During periods of sickness and vacation, additional personnel must be available for the continued and uninterrupted operation of this collection program in the usual manner. SERVICE SCHEDULE The Contractor shall replace containers at the Facility and Stations with empty containers in accordance with the agreed upon schedule. The Contractor shall provide on -call provisions for containers which fill and need emptying in addition to the anticipated schedule. If a container becomes full unexpectedly or between regularly scheduled pick-ups, the Contractor will have provided a contact name and phone number to the County for requesting on -call services. On -call requests will require 2-3 hour turn -around time when requests are prior to 2:00 PM on the same day as the request. Requests made after 2:00 PM will be taken care of no later than 10:00 AM the following morning. A penalty fee of $100.00 per day, per container may be assessed for every day a full container remains at the site after a request has been made. EQUIPMENT MAINTENANCE The Contractor is responsible to maintain the containers and their signs in good condition and proper working order. Damage resulting from Contractor handling will be the responsibility of the Contractor to repair or replace at the Contractors expense. The Contractor shall maintain signage of the boxes which identifies them as recycling containers and what materials is to be deposited in each container. The County will supply all signage and decals. LITTER CONTROL It is the responsibility of the Contractor to provide litter control at each drop station when they are picking up materials at each site. Litter control shall include: pickup of container area, sweeping of area to remove broken glass and other small debris, removal of trash and material deposited on the ground outside the containers. Mason County staff will maintain the Drop Box Station areas between pickups. IT IS EXPECTED THAT DROP STATIONS WILL BE KEPT CLEAN AND LITTER FREE AT ALL TIMES. If pickup is at an unmanned drop station it is the responsibility of the Contractor to provide litter pickup and control at each station. The Contractor shall provide a contact name and phone number to the County, for site personnel to report and request litter pickup. Response to requests for litter control shall be made within four hours of notification for cleanup. EXCLUDED WASTE Means and includes Hazardous Materials, MSW, dirt or earth debris from construction or lawn renovation, rocks, stones, automobile bodies and parts, dead animals or animal carcasses, stable matter, and wastewater (sewage). The County does not require the Contractor to collect or transport Excluded Waste; provided, however, the County is not responsible for determining when customers have left Excluded Waste for collection or transportation. HAZARDOUS MATERIALS Means any material which: (a) is required to be accompanied by a written manifest or shipping document describing the material as "hazardous waste" or "dangerous waste", pursuant to the generator's state, Washington or federal law, including, but not limited to, the Resource Conservation and Recovery Act, 40 CFR, Part 260-272, et seq. as amended, and all regulations promulgated thereunder and any such state equivalent or similar law; (b) contains polychlorinated biphenyl or any other substance the storage, treatment or disposal of which is subject to regulation under the Toxic Substances Control Act, 40 CFR, Part 761, et seq. as amended, and all regulations promulgated thereunder and any such state equivalent or similar law; (c) contains a radioactive material the storage or disposal of which is subject to state or federal regulation; or (d) is designated under the generator's state, Washington or federal law or regulation as a "dangerous waste", "toxic waste", "hazardous waste", "extremely hazardous waste" or "acutely hazardous waste". DATA COLLECTION The Contractor will provide the Department of Utilities/Waste Management with monthly and annual reports which will include monthly totals in tons / pounds for each commodity collected per site and number of monthly pickups per site/commodity. All reports must be submitted in Excel format. The Contractor will provide the Department of Utilities/Waste Management with a description of how and where the material is being marketed for each material collected in the program. The Contractor shall notify the department when changes occur. ACCIDENT REPORTS The Contractor shall promptly report in writing to the Deputy Director of Utilities/Waste Management, or their designee, all accidents whatsoever arising out of, or in connection with the performance of the work whether on, or adjacent to, the sites; giving full details and statements of witnesses. In addition, should death, serious injuries, or serious damage occur, the accident shall be reported by the Contractor immediately by telephone or messenger to the Deputy Director of Utilities/Waste Management or their designee. INDEMNITY 1. To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold the County and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, reasonable attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) to the extent which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the Contractor, its employees, agents or volunteers or Contractor's subcontractors and their employees, agents or volunteer s; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement; or 3) are based upon the Contractor's or its subcontractors' use of, presence upon or proximity to the property of the County. This indemnification obligation of the Contractor shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the County. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the Contractor hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the Contractor are a material inducement to County to enter into this Agreement, are reflected in the Contractor's compensation, and have been mutually negotiated by the parties. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to propertycaused by or resulting from the concurrent negligence of Contractor and the County, its members, Contractor's negligence. 2. Participation by County- No Waiver. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of Provider's indemnity obligations under this Agreement. 3. Survival of Provider's Indemnity Obligations. The Provider agrees all Provider's indemnity obligations shall survive the completion, expiration or termination of this Agreement. 4. Indemnity by Subcontractors. In the event the Provider enters into subcontracts to the extent allowed under this Agreement, the Provider's subcontractors shall indemnify the County on a basis equal to or exceeding Provider's indemnity obligations to the County. INSURANCE At a minimum, the Contractor shall provide insurance that meets or exceeds the requirements detailed in "Exhibit A Insurance Requirements." CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of the County by the Deputy Director of Utilities/Waste Management or the designee. All communications to the Contractor by the Deputy Director shall be recognized as made on behalf of the County. All issues concerning Agreement provisions and requirements shall be directed to the Deputy Director. The following addresses shall be used for communication between parties: MASON COUNTY PUBLIC WORKS Richard L Dickinson Deputy Director Utilities/Waste Management 100 W Public Works Drive Shelton, WA 98584 MASON COUNTY GARBAGE CO., INC. Tom Rupert PO Box 787 81 E Wilbur's Way Shelton, WA 98584 PROGRESS MEETINGS Periodically, progress meeting will be held between the parties. The meetings will be used to review and discuss activities and/or complaints accumulated during the previous hauling period. It is the responsibility of the Contractor to prepare for and respond to matters brought to their attention prior to each meeting. The Contractor will also be required to present a brief report summarizing the program activity since the previous meeting. CONFLICT OF INTEREST If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify County of the same. The notification of County shall be made with sufficient specificity to enable County to make an informed judgment as to whether or not County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, County may require Contractor to take reasonable steps to remove the conflict of interest. County may also terminate this Agreement according to the provisions herein for termination. TERMINATION Either party hereto may with or without cause terminate this Agreement by giving written notice of their intention to terminate to the other party by certified mail and return receipt requested. Such termination shall, thereafter, be effective six months following the date of written notice, during which period of time the terms and conditions of the Agreement shall remain in full force and effect. The County may terminate with cause if the Contractor does not comply with the terms of this Agreement. Such termination would occur after written notice to the Contractor and their failure to correct deficiencies within 30 days of the notice. Upon termination, the Contractor shall leave all premises in the same condition they were in at the time of implementation of this Agreement. HOURS OF OPERATION Shelton Monday through Saturday 7:00 AM to 4:45 PM Belfair Tuesday through Saturday 8:30 AM to 4:00 PM Hoodsport Friday and Saturday 8:00 AM to 4:30 PM Union Sunday and Monday 8:00 AM to 4:30 PM Except that these sites will be closed on all Mason County government recognized holidays. PERFORMANCE BOND The Contractor shall provide Mason County with a $10,000 Performance Bond from a bank or other approved financial institution. Said bond shall be furnished to Mason County on or before the effective date of this Agreement. COSTS ASSOCIATED WITH THIS AGREEMENT Mason County will be assessed the amounts shown below for boxes collected from each applicable site. Annual price increases will be calculated at 90% of the June to June Consumer Price Index-U (CPI-U), for all Urban Consumers as calculated by the US Department of Labor for the Olympia, WA area. Recycle Boxes Transfer Station Boxes Monthly Rent per Box $100.00 $150.00 Shelton Transfer Station $100.19 $48.50 Belfair Transfer Station $197.34 $244.55 Hoodsport Transfer Station $127.47 $185.65 Union Transfer Station $108.39 $166.56 Weekend on Call Rate- per Hour $165.00 $225.00 A. COMMODITY VALUES Should the actual combined proceeds of the value of the commodities sold by the contractor exceed a positive value over five hundred dollars ($500.00), the proceeds in excess of five hundred dollars ($500.00) shall be paid by the contractor to the county. Should the actual combined proceeds of the value of the commodities collected and sold by the contractor fall below negative three thousand dollars ($3,000.00) the pricing above can be negotiated in good faith by both parties. METHOD OF PAYMENT Mason County will pay the Contractor on a monthly basis for all work performed, providing the Contractor submits to Mason County a statement, which indicates services provided and costs of said services, by the 10th of each month. Payment will be made to Contractor within thirty (30) days of the receipt of a complete and accurate statement. Signed this day of , 2021. CONTRACTOR: MASON CO4TY GARBAGE CO., INC. Signature #aMAi vfE "Ti L• Printed Name +ikat Phrseitc BOARD OF COUNTY COMMISSIONERS: MASON COUNTY, WASHINGTON ,ffi Ranby Neatherlin, Chair Approved as to Form: Michael K. Darcy,osecuting Attorney Page 8 of 11 EXHIBIT A INSURANCE REQUIREMENTS For the duration of this Agreement the Contractor shall maintain in effect all insurance as required herein and comply with all limits, terms and conditions stated therein. Work under this Agreement shall not commence until evidence of all required insurance and bonding is provided to the County. Evidence of such insurance shall consist of a completed copy of the Certificate of Insurance signed by the insurance agent for the Contractor and returned to the Mason County Deputy Director of Utilities/Waste Management. If for any reason, any material change in the coverage occurs during the course of this Agreement; such change will not become effective until 45 days after Mason County receives written notice of such change. The policy shall be endorsed and the certificate shall reflect that Mason County is an additional insured on the Contractor's general liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed by or on behalf of the Contractor under this Agreement. The policy shall provide and the certificate reflect that the insurance afforded applies separately to each insured against whom a claim is made or suit is brought except with respect to limits of the company's liability. It is the responsibility of the Contractor to provide fire insurance for any equipment used by the Contractor. This fire insurance shall cover the entire replacement value of the equipment insured. A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than five million dollars ($5,000,000) per occurrence for all covered losses and no less than ten million dollars ($10,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits for the Contractors, with two (2) or more employees and/or volunteers, no lessthan $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including owned, non -owned and hired autos, or the exact equivalent. Limits shall be no less than five million dollars ($5,000,000) per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or the Contractor's employees will use personal autos in any way on this project, Contractor shall obtain evidence of personal auto liability coverage for each such person. 4. Contractor's Pollution Legal Liability Insurance shall be written with limits not less than five million dollars ($5,000,000) combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs and legal defense expenses. 5. Umbrella or excess liability policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross -liability exclusion of claims or suits by one insured against another. B. Certificate of Insurance: A Certificate of Insurance naming County as the Certificate Holder must be provided to County within five (5) days of Contract execution. C. Basic Stipulations: 1. Contractor may self -insure if the following conditions are met: a) Contractor has a formal self- insurance program in place prior to execution of this Agreement. If a corporation, Contractor must have a formal resolution of its board of directors authorizing self-insurance; b) Contractor agrees to protect the County, its boards, officers, agents and employees at the same level as would be provided by full insurance with respect to types of coverage and minimum limits of liability required by this Agreement; c) Contractor agrees to defend the County, its boards, officers, agents and employees in any lawsuit that would otherwise be defended by an insurance carrier; d) Contractor agrees that any insurance carried by the County is excess of Contractor's self-insurance and will not contribute to it. 5. Contractor provides the name and address of its claims administrator; e) Contractor submits its most recently filed its 10-K or audited annual financial statements for the three most recent fiscal years; f) Contractor agrees to inform the County in writing immediately of any change in its status or policy which would materially affect the protection afforded the County by this self-insurance 2. Contractor agrees to endorse third party liability coverage required herein to include as additionalinsureds County, its officials, officers, employees, volunteers and agents, using ISO endorsement CG 20 10 with an editiondate prior to 2004. Contractor also agrees to require all Contractors, subcontractors, and anyone else involved in this Contractor on behalf of the Contractor (hereinafter "indemnifying parties") to complywith these provisions. 3. Contractor agrees to waive rights of recovery against County regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 4. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Contract shall be endorsed to delete the subrogation condition as to County, or mustspecifically allow the named insured to waive subrogation prior to a loss. 5. All coverage types and limit s required are subject to approval, modification and additional requirements by County. Contractor shall not make any reduction s in scope or limits of coverage thatmay affect County's protection without County's prior written consent. 6. Contractor agrees to provide evidence of the insurance required herein, satisfactory to County, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to Contractor's general liability policy using appropriate ACORD form. County has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any actual or alleged failure on the part of County or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of County or any additional insured, in this or in any other regard. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contract or indemnifying party, is intended to apply first and on a primary non- contributing basis inrelation to any other insurance or self-insurance available to County. 7. Contractor will renew the required coverage annually as long as Count y, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until County executes a written statement to that effect. 8. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by Contractor or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this Contract. 9. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to County and approved of in writing. 10. The requirements in this Exhibit supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 11. Unless otherwise approved by County, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 12. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Contract limits the application of such insurance coverage. 13. Contractor agrees require insurers, to provide notice to County prior to cancellation of such liability coverage in accordance with the notice provisions of the applicable policies. Contractor shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide notice to County of any cancellation of coverage in accordance with the notice provisions of the applicable policies. 14. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 15. Contractor agrees to provide immediate notice to County of any claim or loss against Contractor arising out of the work performed under this agreement. County assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve County.