HomeMy WebLinkAbout4658 RESOLUTION NO. 4 6 5 8
A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE A SERVICES CONTRACT WITH THE
SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC
HEALTH FOR REIMBURSEMENT OF FUNDS RELATED
TO 2011 LOCAL HAZARDOUS WASTE MANAGEMENT
PROGRAM ACTIVITIES '
WHEREAS, the Seattle King-County Department of Public HeaRh has agreed to
reimburse the City of Auburn in the amount of $19,693.38 for costs associated with the
City's Local Hazardous Waste Management Program; and
WHEREAS, in order to accept the monies offered by the Seattie-King County
Department of Public Heafth, it is necessary for the City to enter into a services contract
which specifies the administrative procedures goveming the reimbursement of funds
spent in the City's Local Hazardous Waste Management Prog�am.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are authorized to
execute the King County Contract for Seroices, a copy of which is attached hereto as
Exhibit"A" and incorporated by reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation, including
providing for the expenditure and appropriation therefore in appropriate budget
documents.
Resolution No.4658
Decemberl, 2Q10
Page 1 of 2
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
�
Dated and Signed this ��day of , 2010.
CITY U
PETER B. LEWIS
MAYOR
ATTEST:
� e �'
Danielle E. Daskam,
City Clerk
APP ED S TO FORM:
l�
�
Daniel B. Heid,
City Attomey
Resolution No. 4658
December 1, 2010
Page 2 of 2
Public:Health � �
Seattle & King County�. �kJ
� �� �
King Courriy Contracf No. D40572D EHS1813
FederalTaxpayer ID No. � 91-6001228
This form is availabie in altemate fortnats for people wi4h,disabilities upon request
� -KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION,
• OR JURISDICTION—2011
Department Seattle-King County Dept. of Public Heafth(a.k.a. Public Health—Seattle & King '
Division=:`. Coun /EHS -
CoMractor _ Ci of Aubum
Pro'ect Title- Local Hazardous.Waste Mana ementPro ram _
Contract Amount :_ Nineteen Thousand Siz Hundred Nine Three Dollars and Thi Ei M Cents
ContractPeriod, ._ _ Start date: 01/01/2011 End date: 12/31/2011 '
THIS GONTRACT is entered into by KING COUNTY (the "County"), and Citv oT Aubum (the
"Contracto�'j, whose address is 25 W Main St., Auburn, WA;98001,4998.
WHEREAS, the County has been advised that the following are the cuRent funding sources, funding
� levels and effective dates:
FUNDING'SOURCES FUNDING LEVELS EFFECTIVE DATES
COUNTY ' $19,693.38 1/1/2011 to 12/31/2011
TOTAL $19,693.38
and
, WHEREAS, the County desires to hade certain services performed by the Contractor as described in this
Contract, and as authorized by the 2011 Annual Budget.
' NOVU THEREFORE, in consideration of payments,covenants, and agreements hereinafter mentioned,
to 6e made�and perforrned tiy fhe parties hereto,the parties covenant and do mutually agree as fallows:
I. Mcorooration of Euh'ibits �
The Contractor shall provide services and comply with the requirements set forth in the foiiowing
attached ezhibits, which are incorporated herein by reference:
A. Program Exhibits ancl Requirements
Exhibit A: Scope of Work
• Exhibit 8: Budget and Invoice '
• Exhibit C: Certificate of Insurance and Additional Jnsured Endorsement
11. Term and TerminaUon
A. This Gontract shall commence on 01/01/2011, and shail terminate on 12/31/2011, unless e�Rended
or tertninafed earlier, pursuanfto the tertns and conditionsof the Contrad. �
B. This Contrad may be tertninated by the either party without cause, in whole or i� part, prior to the
date.specified in Subsection II.A. aboye, tiy providing the o4her party thirty(30) days advance
written notice of the tertnination.
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C. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written
notice in the event: (1) the Contractor materially 6reaches any duly,obligation, or serVice.required
pursuant to this Contract, or(2)the duties, obligations, or services requi�ed herein become -
impossible, illegal, or not feasible.
If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Gontractor
shaU be liable for damages, including any addRional costs of procuremen{of similar services from
another source.
If the termination results from acts or.omissions of the Contractor, including but not limited to
misappropriation, nonperfortnance of required services, or fiscal mismanagement,the Contrador
shaU retuin to the County immediately any fUnds, misappropriated orunexpended, which have
been paid to the Contractor by the'County.
D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to
the termination date set forth above in Subsection II.A:, the County may, upon written notification
to the Contractor, terminate this Contract in whole or in part.
If the Contract is terminated as provided in this Subsection: (1)the GountywiU be liable only for
payment in accordance with the terms of this Contract for services rendered prior to_the effective
date of termination; and (2)the Contractor shall be released from any obligation to provide such
further seryices pursuant to the Contract as are affected by the termination.
Funding orobligation under this Contract beyond the current appropriation year is conditional upon
appropriation by the County Councifof sufficient funds to support the activities described in the
Contract. Should such appropriation not be approyed, this Contract will terminate at 4he close of
the current appropriation yeac -
E. Nothing herein shall limit, waive, or extinguish any right or remedy provided bythis Contract or law
that eitherpaAy may have in the event that the obiigafions, tertns, and conditions set foRh iri this
Contract are breached by the other party:
I�I. Comoensation and Method of Pavment
A. The County shall reimburse the Contractor for satisfactory compietion of the services and
requirement§.specified in this Contract, payable in thefollowing manner:
Upon receipt and approval of a signed invoice as set forth in Exhibit B that complies with the
budget in Exhibit B.
B. The.Contractor shall submit an invoice and all accompanying reports as specified in the attached
exhibits not morethan 60 working days after the close of each indicated reporting period. The
County wili initiate authorization for payment after approval of corrected invoices and reports. The
County shall make payment 4o the Contractor not more than 30 days after a complete and
accurate inVoice is received.
C. The Cdntractor shall submif its final invoice and all outstanding reports within 90 days of fhe date
this Contract terminates. If the ContractoPS final invoice and reports are noYsubmitted by the day
specified in this subsection,the County will be relieved of all Iiabiiity for payment to the Contractor
of the amounts set forth in said invoice or any subsequent invoice:
D. Whert a budget isattached hereto as an ezhibit,the Contractor shall appfy the funds received from.
the County under this Contracf in accordance with said budget. The contract may contain
separate tiudgets for separate program components. The Contractor shall request priorapproval
from the County foran amendment to this Contract when the cumulative amount of transfers
� among the budget categories is expected tb exceed 10% of the Contract amount in any Contract
budget. Supporting doc.uments necessary to explain fully the nature and purpose of the
amendment must accompany each request for'an amendment;
E. if travel costs are contained in the attached budget, reimbursement of Contractor travel; lodging,
and meaf expenses are limRed to the eligible costs based on the following rates and criteria.
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1. The miieage rate aUowed by King County shail not exceed the current Intemal Revenue
Service(IRS) rates per mile as allowed for business related treveL The IRS mileage rate
shali be paid for the operation, maintenance and depreciation of individuaily owned vehicles
for thaf time which thevehicle is used during work hours. Parking shall be the actual cost.
When rental yehicles are authorized, govemment rates shall be.requesied. If the Contractor
dces not request govemmentrates, the Contractor shall be personaly responsible for the
difference. Please reference the federal web site for curtent rates: http://www.gsa.gov.
2: Reimbursement for meals shall be limited to the per diem rates established by federal travel
requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A.
3. Accomn5odation rates shall not exceed the federal lodging limit plus host city taxes. The
Contrador shall always request govemment rates.
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work activity�
of limited duration and dniy one round-trip ticket,'per person, shall be billed per trip.
IV. Intemal Control and Aceountina Svstem
The Corrtractor shali establish and maiMain a system of accounting and intemal controls which complies
with applicable, generally accepted accounting principles, and govemmental accounting and financial
reporting standartls..
V. . Debarment and Susoension Certification ,
Agencies receiving federal funds that are debarred, suspended, or proposed for debartnen4 are excluded
from contracting,with the Cou�ty. The Contrador, by signature to this Contract, certfies that the
Contractor is not presently debarred, suspended, or proposed for debarment by any federal department.
or agency.The Contrador also agrees tFiat it will not enter irrto a subcontract with a contractor that is
debarred, suspended, or proposed for debarment. The Contrador agrees to notify King County in the,
event it, or a subcontractor; is debarred, suspended, or proposed for debarment by any Federal
department or agency. For more information on suspensio� and debarment, see Federal Acquisition
Regulation 9.4.
VI. Maintenanee of RecordslEvaluations and Insaections.
A. The Contractor shall maintain acxounts and records, including personnel, property, financiai, and
programmatic records and other such records as may be deemed necessary by the County to
ensure proper accounting for all Contract funds and compliance with this Contract.
B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth
in Section XIV. below, the Cortractor shall maintain the following:
1. Records of employment, employment advertisements, application forms, and other pertinent
data, records and information releted to employment, applications tor employment or the
administration or delivery of services or any other benefrts under this Contract; and
2. Records, including written quotes, bids, estimates or proposals submitted to the Contrador
by all businesses seeking to participate on this Contract,and arry other.information
necessary to document the actual use of and payments to subcontractors and suppliers in
this Contrad, including employment records.
The County may visit, at any mutually agreeable time, the site of the woAc and 4he Contractor's
office to review the foregoing records. The Contractor shall provide every assistance requested by
the County during such visits. In all other respects, the Contractor shall rriake the foregoing
revorcls available to the County for inspection and copying upon request. If this Contract involves
� federal funds, the Contracto�sFiall comply with all record keeping requirements se4 forth in any
federal rules;regulations or statutes included or referenced in the contract documerrts.
C. Exceptaa proVided in Section VII of this Contract,the records listed in A and B a6ove shall be
' maintained for a period of six (6)years after termination hereof unless pertnission to destroy them
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isgranted by the Office of the Archivist in accordance with Revised Code of Washington (RCV1�
Chapter 40.14.
D. Medical records shall be maintained and preserved by the Contractor in accordance with state and
federal medical recordsstatutes, including but notJimited to RCW 70.41.190, 70.02:160, and
standard medical records practice. If the Contractor ceases op_erations under this Contrad, the
Contractor shall be responsible for the disposition and maintenance of such medical records.
E. The Contractor shall provide right of access to its facilities�ncluding those ofany subcontractor
assigned any portion of this Contract pursuant to Section XIII—to the County,the state, and/or
federal agencies or officials at all reasonable 4imes in order to monitor and evaluate the services
provided under this Contract. The County will gide advance notice-to the Contractor in the case of
fiscal audits to be conducted by the County.
F. The records and documents with resped to all matters covered by this Contract shall be subject at
all time to inspection, review; or audit by the County and/or federal/state officials so authorized by
law during the performance of this Contract and six{6)years after terrriination hereof, unless a
longer retention period is Yequired by law.
G. The Contractor agrees to cooperate with the County or its agent in the eyaluation of the
ContractoPs perfortnance under this Contrad arid to make available all information reasonably
required by anysuch evaluation process. The results and records of said evaluations shall be
maintained and disclosed in accordance with RCW Chapter 42.56.
H. The Contractor agrees that alf information, records, and data collected in co�nection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state and
federal law.
VII. Comaliance with the Health Insurance Porfabilitv Accountabilitv Act of 1996 (HIPAAI
Tertns used in tfiis section shall have the same meaning as those terms in the Privacy Rule, 45 Code of
Federal Regulations (CFR) PaRs 160 and 164.
A. Obliqations and Activities of the Contractor
1. The Contractor agrees not to use or disclose protected health information other than as
pertnitted or required by this Contract, HIPAA and the Heai(h Infortnation Technology for
Economic and Clinical Health Act(HITECH). The Contractor shalCuse and disclose
protected health i�formation only if such use or disclosure, respectiyely, is in compliance
with each applicable requirement of 45 CFR § 164.504(e). The Confractor is directly
responsible for full compliance with the privacy provisions of HIPAA and HITECH that apply
to business associates.
2. The Contractor agrees to implement administrative, physical, and technical safeguards that
reasonably and appropriately, protect the confidentiality, integrity, and availability of the
protected health infortnation that it creates, receives, maintains, or transmits on behaif of.the
County as required.by 45 CFR, Part 164, Subpart C. The Con4ractor is direcfly responsible
for compliance with the security provisions of HIPAA and HITEGH that apply 4o.busine'ss
associates, including sections 164.308, 164.310, 164.312, and 164.316 of title 45 CFR.
3. Within iwo (2) business days of the discovery of a breach as defined at 45 CFR § 164.402
the Contractor shall notify the County of any breach of unsecured protected health
inforination. The notification shaii include the identification of each individual whose
unsecured protected health infortnation has been, or ,is reasonabty believed by the
Contractor to have been, accessed, acquired, or disclosed during such breach; a brief
description of what happened, including the date of the breach and the date of the discovery
of the breacFi, 'rf known; a description of the types of unsecured protected health infortnation
that were involved in the breach (such as whether full name, soaal security number, date of
birth; home address, account number, diagnosis, disability code, or other types of
information,were involved); any steps individuals should take to protect themselves from
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' potential harm resulting from the breach; a brief description of what the Contrador is doing
to investigate the breach, to mRigate harm to individuals, and to protect against any further
breaches; the contact procedures of the ConVactor for individuals to ask questions or leam
additionaf information,which shall inGude a toll free number, an e-mail address, Web site, or
postal address; and any other infortnation required to be provided to the individual by the
County pursuarrt to 45 CFR § 164.404, as amended.A breach shall be treated as discovered
in accordance with the terms of 45 CFR § 164:410. The information shall be updated
promptly and provided to the County as requested by the County.
4. The CoMractor agrees to mitigate, to the exterrt practicable;:any harmful effect that is known
to the Contrador of a use or disciosure of protected health information by the Contractor in
, , ,violation of the requirements of this Contrad or the law.
5. The Contractor agrees to report in writing ail unauthorized or otherwise improper disGosures �
of protected health information or security incident to the County within two days, of the
Contractor knowledge of such event.
6. . The Contractor agrees to ensure that any age�t, including a subcontrador, to whom if
provides protected health information received from, or created or received tiy the CoMractor
' on befialf of the County, agrees to the same restrictions and conditions that apply tfirough
this Contract to the Contractor with respect to such information. _
7. The Contractor agrees to make available protected health information in accordance with 45
. CFR § 164.524.
S.' -The Contrector agrees to make available protected health information for-amendment and
incorporate-any amendments to protected health information in eccordance with�45 CFR §
164.526.
' 9. The Contractor agrees to make intemal practices, books;and records, including poiicies and
procedures.and protected health information, relating to the use and disclosure of protected
health infortnation received from;or created or received 6y the Contractor on behalf of King
County, available to the Secretary, in a reasonable time and manner for purposes of the
Secretary deterznining King County's compliance with HIPAA, HITECH or this Contract.
10. The Contractor agrees to make available the inforrnation required to provide an accounting
of disclosures in accordance with 45 CFR §164.528. Should an individual make a request to
fhe County for an accounting of disclosures of his or her protected health infortnation
pursuant to 45 CFR § 164.528;Contractor agrees to promptly provide an acxounting, as
specified under 42 U.S.C. §17935(c)(1)and 45 CFR §164:528, of disclosures of protected
health information that have been made by the Contractor acting on behalf of the County.
The accounting shall be provided by;the Contractor to the County or to the individual, as
directed by the County.
8. Permitted Uses and Disclosures bv Business Associate
The Contractor may use or disclose protected heatth informetion to perfoRn functions, activities, or
services for, or on behalf of, King County as specified in3his Corrtract, provided that auch use or
disclosure would not vio�ate HIPAA if done by King County or the minimum necessary poliaes and
procedures of King County.
C. Effect of Termination ,
1. Except as provided in paragraph G2. of this Section, upon termination of this Contract, for
any reason, the Contractor shail retum or destroy all protected health infomiation received
from the County, or created or received by the Contractor on behalf of the County.This
provision shall apply to protected health information.that is in the possession of
subcontractors or agents of the Contractoc Tfie Contractor shall retain no copies of 4he
protected fiealth information.
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2. In the event the Contractor determines that retuming ordestroying the protected tiealth
information is infeasible,the Contractor shall provide to King County notification of the
conditions that make retum or destruction infeasible. Upon notification that return or
destruction of protected health information is infeasible,#he Corrtractorshail extend the
protections of tlie Contract to such protected heafth information and limit further uses and
disciosure of such protected heaRh information to those purposes that make the retum or
destruction infeasible, for so long as the Contrador maihtains such protected health
infortnation.
D. Reimbursement forCosts incurred Due to Breach
Contractor shall reimburse the County,without.limitation, for all costs of investigation,dispute
resolution, notfication of individuals, the media, anii the govemment, and expenses incurced in
responding to any audi4s or other investigation relating to or arising out of a breach of unsecured
protected heaRh information by the Contractor.
VIII. Audits
A. If the Contractor or su6contractor is a municipal entity or other goyemment institution or
jurisdiction, oP isa non-profd organization as defined in OMB Circular A-133, and expends a total
of$500,000 or more in federal financial assistance and h'as received federal financial assistance
from the County during its fiscaf year,then the Contractor or subcontractor sfiall meet the
respecfive A=133 requirements described in subsections VIII.B. and VIII.C.
B. If the Contractor is a non-profit organization, it shail have an independent audit conducted of its
financial statement and condi4ion, which shall comply with the requirements of GAAS (generally
accepted auditing standards); GAO's Standards for Audits of GoOemmental Organ'izations,
Programs, Activities, and FuncUons; and OMB Circular A-133, as.amended,,and as applicable.
The Contractor shall provide a copy of the audit report to each County divisianproviding financial'
assis(ance to the ConVactor no later than six(6) months subsequent to the end of the Contractor•s
fiscal year: The Contractor shall provide to 4he County its response and corredive action plan for
all findings and reportable conditions_contained in its audit. When reference is made in its audit to
a "Management Letter"orother coRespondence made by the auditor, the Contractoeshaii provide
copies of those communications and the Contractor's response and corcective action plan.
Submittal of these documents.shall constitute compliance with subsection VIII.A. •
G. If the Contractor is a municipal entiiy or other govemment instRution or jurisdiction', it shall submit
to the County a copy of its annual report of examination/audit, co�ducted tiy the Washington State
Auditor, within thirty (30)days of receipt,.which submittal shall constitute compliance wkh
subsectian VIII.A.
D. If the Contractor, for-profit or non-prnfit, receives in excess of$100,000 in funds during its fiscal
year from the County, it shall provide a fiscal year financial statement prepared by an-independent
Certified Public Accountant or Accounting Firm within six (6) months:subsequent to the close of the
ContractoPS fiscal year.
E. Additio�al audit or review requirements which may be imposed on the County will be passeil on to
the Contractonand the Contractor wili be required to comply.with any.such requirements.
IX. Corrective Action
If the County determines that a breach of contract has occurred, that is, the Contractor has failed to
comply with any terrrms or conditions of this Corrtract or the Contractor has failed to provide in any ,
manner the work or services agreed to herein, and if ihe County deems said breacfi to warrant coRedive
action;the following sequential;procedure wiil apply:
A. The County will notify the Contractorin writing of the nature of the breach;
The Contractor shali respond in writing within three (3)working days of its receipt of such
notification,which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specity the proposed completion date for bringing the
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Corrtract into compiiance, which date shall not be more than ten (10)days from the date of the
Contractor's response, unless the County, at its sole discretion, specfies in writing an extension in
the number of days to complete the corcective actions;
B. The County will no6fy the Contractor in writing of the County's determination as to the sufficiency
of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's
corrective action plan shall be at the sole discretion of the County;
C. In the event that the Contractor does not respond within the appropriate time with a corrective
action plan, or the Contractor's correcttive action plan is detertnined by the County to be
insufficient, the Courrty may commence termination of this Contract in who�e or in part pursuant to
Section II.C.;
D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contrac[or
from incurcing additional obligations of funds until the Courrty is satisfied that corrective action has
been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section II. Subsections B, C, D, and E. .
X. Dispute Resolution
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and probiems that
arise in connection with this Contract. Both parties will make a good faith effort to continue without delay
to carty out their respective responsibiiities under this Contract while attempting to resolve the dispute
under this section.
XI. Hold Hartnless and Indemnification
A. In providing services under this Contract, the Contrador is an independent Contractor, and neither
it nor its officers, ageMs, employees, or subcontractors are employees of the County for any
purpose. The Contractor shall be rresponsible for all federal and/or state tax, industrial insurance,
and Social Security liability that may result from the performance of and compensation for these
services and shall make no claim of career service or civil service rights which may accrue to a
Caunty employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by, or on behalf of the Contractor, its employees, subcoMractors and/or others by reason of
this Contract. The Contractor shail protect, indemnify, and save hartnless the County, its officers,
agents, and employees from and against any and all Gaims, costs, and/or losses whatsoever
occurring or resulting ftom (1) the Contractor's failure to pay any such compensation, wages,
benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or
supplies by Contractor employees or other suppliers in connection with or suppoR of the
performance of this Contract.
B. The Contractor further agrees that ft is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, inten6onal act,
and/or failure, for any reason, to comply with the tertns of this Contract by the Corrtractor, its
officers, employees„ agents, or subcontractors. This duty to repay the County shall not be
diminished or extinguished by the prior termination of the Contract pursuant to the Duration of
Contract or the Tertnination section.
C. The Contractor shall defend, indemnify, and hold harmless the County, its officers,empioyees, and
agents from any and ail costs, claims.judgments, andJor awards af damages, arising out of,or in
any way resuiting from, the negligerrt acts or omissions of the ConVactor, its officers, empioyees,
subcontrectors and/or agents in its performance or non-performance of its obligations under this
Contract In the event the County incurs any judgment, award, and/or cost arising therefrom
including attomeys' fees to enforce the provisions of this aRicle, ail such fees,expenses, and costs
shall be recoverable from the Contractor.
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D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and
agents from any and all costs, claims,judgments, and/or awards of damages, arise out of, or in
any way result from, the negligent acts or omissions of the County, its officers, employees, or
agents in its performance or non-performance of its obligations under this Contract. In the event
the Contractor incurs any judgment, award, and/or cost arising therefrom including attomeys' fees
to enforce the provisions of this article, all such fees, ezpenses, and costs shali be recoverable
from the County.
E. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Contract.
F. The indemnification, protection, defense and save harmless obligations contained herein shall �
survive the expiration, abandonment or termination of this Agreement.
XII. Insurence Reauiremerrts
A. By the date of execution of this Contract, the Contractor shail procure and maintain for the duration
of this Contract, insurance against claims for injuries to persons or damages to property which may
arise from, or in connection with, the performance of work hereunder by the Contractor, Rs agents,
representatives; employees, and/or subco�tractors. The costs of such insurance shall be paid by
the Contractor or subcontractor. The Contrador may fumish separate cert�cates of insurance and
policy endorsements for each subcontractor as evidence of compliance w8h the insurance
requirements of this Contract. The Contractor is responsible for ensuring compliance with ali of
the insurance requirements stated herein. Failure by the Contractor, its agents, employees,
officers, subcontractors, providers, andlor provider subcontractors to comply with the insurance
requirements stated herein shall constitute a material breach of this Contract.
B. Minimum Scooe and Limits of Insurance
By requiring such minimum insurance, the County shail not be deemed or construed to have
assessed the risks that may be applicable to the Contractor under this Contract. The Contractor
shali assess its own risks and, if it deems appropriate andlor prudent, maintain greater limits
and/or broadercoverage.
Coverage shall be at least as broad as:
1. Commercial General Liability:
Insurance Services Office form number(CG 00 01 current edition or its equivalent) covering
COMMERCIAL GENERAL LIABIIITY.
Minimum Limit: 51.000.000 combined single limit per occurrence by bodiiy injury,
personal injury, and property damage, and for those policies with aggregate limits, a
2 000 000 aggregate limit
2. Professional Liability:
Professional Liability, Errors, and Omissions coverage. In the event that se'rvices deiivered
pursuant to this Contract either directly or indirectly involve or require professional services,
Professional Liability, Errors, and Omissions coverage shall be provided.
Minimum Limit: $1.000.000 per claim and in the aggregate.
3. Automobile Liability:
In the event that services delivered pursuant to this Contrad require the use of a vehicle or
invotve the transportation of Gients by Contractor personnel in Contractor-owned vehicles or
non-owned vehicles, the Contractor shall provide evidence of the appropriate automobile
coverage.
, Insurance Services Office form number(CA 00 01 currerrt ed'Rion or its equivalent) covering
BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided
by symbols 2, 7, 8, or 9.
Agency Services-EHS1813 Page-8 of 14
1 Minimum Limit: 51.000.000 combined single limit pe�accident for bodily'injuryand
property damage.
4. Workers' Compensation:
Workers' Compensation coverage, as required by the Industrial Insurance,Act of the$tate of
Washington, as well as any similar coverage required for this work by applipble federal or
"Other States"state law.
Minimum Limit: Statutory requirements of the state of residency.
b: Stop Gap/Employers Liability:
_
Coderage shali be at least as.broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or; in states with monopolistic state funds,
tfie protection provided tiy th'e"Stop Gap'endorsement to the general liability polioy. .
'Minimum Limit: $1.000.000 _
C. Dedudibles and Seif-Insured Retentions ,
Any dedudibles or self-insured retentions must be declared to, and approved by, the County. The
deductible andlor seif-insured retention of the policies shall not apply to the Contrador's liability to
the County and shail be the sole responsibility of the Contractoc
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D. Otfier Insurence Provisions
Tfie insurance policies required'in this Contrect are to contain, or be endorsed to contain, the
following provisions:
1. Liabilitv Policies (Exceot Workers Compensation and Professional/Errors and Omissions)
a. The County, its officers, officials, employees, and agents are to be covered as '
additional insureds a§ respects liability arising out of activfties performed by or on
• behalf of the Contractor in connection wRh this Contract: (CG 2010 11/85 or its
equivaient)
b. The Contractor's insurance coverage shall be primary insurance as respects the
Cou�ty, itsofficers„officiais, employees, and agents. Any insurance and/or self-
' , insurance,maintained by the County, its offices, officials, employees, or agents shall
not contribute with the ConVactor's insurance or benefit the Contractor in any way.
� c: The Contracto�'s insurance shall apply separately to each insured against whom claim
is made and/or lawsuit'is brought, except with respect to the IimRs of the insurer's
liability.
2. All Policies
a. Coverage shall not be'suspended, voided;canceled, reduced in coverage or in limits,
except by the reduction of the appliqble aggregate limit by claims paid, until after
forty-five (45) days prior wri8en notice has been given to the County.
b. Each insurance policy shall be written on an "occurcence"form; except that insurance
on a "claims made"form may be acceptable with prior County approval.
If coverage is approved and purchased on'a"claims made"basis, the Contracfor
wamants continuation of coverage, either tlirough policy renewals or the purchase of
an extended discovery period, if such eictendetl aoverage is available, for not less than
three (3)years from the'date of Contract termination, andlor conversion from a"Gaims
made"form to an "occurrence"•coverage fortn.
E. AcceotabiliN of Insurers
AgencyServices-EHS1813 Page-9 of 14
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Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests�
rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of
Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests'
ra6ng of B+VII. Any exception must be approved by King County.
If, at any time, the foregoing policies shall fail to meet the above minimum requirements the
Contrador shall, upon notice to that effect from the County, promptly obtain a new policy, and shall
submit the same to the County, wRh appropriate certificates and endorsements, for approval.
F. Ve�cation of Coveraae
The Contractor shall fumish the County certificates of insurance and endorsements required by
this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as
exhibits to the Contract. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on forms approved by the County prior to the
commencement of activities associated with the Contract. The County reserves the right to require
complete, certified copies of all required insurance policies at any time.
G. Municipal or State Contractor Provisions
If the Contractor is a Public Agency, Municipal Corporation or an agency of the State of
Washington and is self-insured for any of the above insurance requirements, a certification of self-
insurance shall be attached hereto and be incorporated by reference and shall constitute
compliance with this Section.
H. Insurance for Subcontractors
If the Contractor subcontracts any portion of this Contract pursuant to Section XIII,the Contrador
shall inciude all subcordractors as insureds under fts policies or shall require separate certificates
of insurance and policy endorsements from each subcontractor. Insurance coverages provided by
subconVactors as evidence of compliance with the insurance requirements of this Contract shall
be subject to all of the requirements stated herein.
I. All Coveraqes and Reauirements
Nothing contained within these insurance requirements shall be deemed to limit the scope,
appiication and/or limits of the coverage afforded by said policies, which coverage will apply to
each insured to the full extent provided by the terms and conditions of the policy(s). Nothing
contained within this provision shall affect and/or after the application of any other provision
contained within this ConVact.
X1II. AssiqnmenUSubcontractina
A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the written consent of the County. Said consent
must be sought in wrking by the Contractor not less than fifteen (15)days prior to the date of any
proposed assignment.
B. "SubcontracY'shall mean any agreement between the Contractor and a subcontractor or between
subcontractors that is based on this Contrad, orovided that the term"subcor�tracf'does not
include the purchase of(1) support services not related to the subject matter of this Contrad, or(2)
supplies.
C. The Contractor shall include Sedions III.D., IV, V, VI, VII, VIII, XI, XII, XIV, XV, XXI, and XXV, in
every subcontract or purchase agreement for services that relate to the subject matter of this
Contract.
D. The Contractor agrees to include the following language verbatim in every subcontract, provider
agreement, or purchase agreement for services which relate to the subjed matter of this Contract:
Agency Services-EHS1813 Page- 10 of 14
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"Subcontractor shall protect, defend, indemnity, and hold harmless King County, its officers,
employees and agents from any and all costs, claims,judgments, and/or awards of damages
arising out of,or in any way resuiting from the negiigent ad or omissions of subcontractor; its
officers, employees, and/or age�ts in connection with or in support of this Contract. Subcontractor
expressy agrees and understands that King County iaa third party beneficiary to this ConVact and
shall have the right to bring an action against subcontractor to enforce the provisions of this
paragraph."
XIV. Nondiscrimination �
The Contractor shall comply with all applicable federal, state and local laws regarding discrimination.
XV. Nondiscrimination in SubconVactinq Practiees
A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women
Business(MMBE) utilization requirements shall apply to this Contract. No minimum level of .
MlWBE;subcontractor participation or purchase from M/WBE certified vendors is required and no
preferencewill be given by the County to a bidder or proposer for their MNVBE utilization or ,
MMIBE status. The completion of County M/WBE forms which may be included in the Contract
documents is not required. Provided, however, that any affirmative action requirements set forth in
any federal regulations or statutes included or referenced in the Contract documents will continue
to apply.
B. During the term of this Contract,the Contractor shall not create barriers to open and fair
opportunities for MM1BEs to participate in all County contracts end to obtain or compete for
contracts and subcontracts as sources of supplies, equipment, construction and services. In
considering offers from and doing business wRh subcontractors and suppliers, the Contractor shall
not discriminate against any person on the basis of race, color, creed, religion, sex, age„
' nationality, marital status, sexual orientation or the presence of.any disability in an othervvise
qualified disabled person.
C. The Con4ractor shall maintain, until at least 12 months after completion of all work under this
Contract, records and information necessary to document its level of utilization of MMBEs and
other businesses as subcontractors and suppliers in thisCorrtract and in its overall public and
private business activities. The Contractor shail also mairitain, until 12 months aiter completion of
all work under this Contract, aIl written quotes, bids, estimates or proposals submitted to the
- Contrador by all 6usinesses seeking to participate in this Contrad. The Contractor shall make
such documents available to the County for inspection and copying upon request. If this Contract
involves federal funds, Contracto�shall comply with all record keeping requirements set forth in
anyfiederal rules, regulations or statutes included or referenced in the Contract documents.
D. King County encourages the Contractor to utitize small businesses, inciuding Minority-0wned and
Women-owned Business Enterprises ("MMBEs").in Countycontracts. The Washington State
Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified
MMBEs. Contact OMWBE office at(360) 753-9693 oron-line through the web site at
www.wsdot.wa.gov/omwbe/.
E. Any violation of the mandatory requirements of the provisions of this Section shall be a material
breach of Contract for which the Contractor may be subject to damages and sanctions provided for
by Contract and by applicable law.
XVI. Conflict of lnterest
A. The Contractor agrees to comply with the provisions of KCGChapter 3.04. Failure to comply with
any requirement of KCC Chapter 3.04 shall be a material breach of this Cont2ct, and may result in
termina5on of this Contract pursuanfto Section II and subject the Contractor to the remedies
stated therein, or othervvise a4ailatile to the County at law orin equity. .
B. The Contrador agrees, pursuant to KCC:3.04.060, that it will not willfuily attempt to secure
preferential treatment in its dealings with the County tiy offering any valuable consideration,thing
Agency Services -EHS1813 Page- 11 of 14
; �
of value or gift,whether.in the form of services, loan, thing or promise, in any form to any county
official or employee. The Contractor acknowledges that if it is found to have violated'tfie
prohibition found in this paragraph, its curterit contracts with the county will be canceiled and ft
shall,not_be able to bid on any county con4rect for a period of two years..
C: The Contractor acknowledges that for one year after leaving County employment; a fortner county
employee may not Havea financial or benefcial interest in a contract or grant that was planned,
authorized, or funded by a counry action in which the former county employee participated during
county employment. CoMractor shall identify at the time of offer current or former County
empioyees invoived in fhe preparation of proposals or the anticipated perfortnance'of Work if
_ awarded the Contract. Failure to identify curtent or fortner County employees involyed in this
transaction may resulf in the County's denying or terminating this Contract. ABer Contract award,
the Contractor is responsible for notifying the County's Project Manager of cuRent or former
County employees who may become involved in the Contract any time during the term of the
Contract.
XVII. Eauioment Purchase. Mainte�ance, and Ownershin
A. The Contractor agreesShat'any equipment purchased, in whole or in part, with Contract funds at a
cost of$5,000 per item or more,when the purchase of such equipment is reimbursable as a
Contractbudget item, is upon its purchase or receipt the propeity of the County and/or
federal/state govemment. •
B. The Contractor shall be responsible for all such property, including the proper qre and
maintenance of the equipment. '
C. The Contractor shall ensure that all such equipment will be retumed to the County orfiederaUstate
govemment upon termination of this Contract unless otfienvise agreed upon by the parties..
D. The County will provide property tags so Contractor can'mark property: The Contractor shall-admit
County staff to the Contractor's premisesfor the'purpose of confirming properryhas,been marked
with County property tags. The Contractor shall establish and maintain inventQry records and
transaction documents(purchase requisitions, packing slips, invoices, receipts) of equipment
purchased with Contract funds.
XVIII.Proorietarv-Riahts
The parties to this Contract hereby mutually agree that if any gatentable or copyrightable material or
article should result from the work described herein, all rights accNing from sucfi material or,artidg shall
' be the sole property of the parly that produces such material or article: If any patentable or
copyrightable material or aRicle should result from the work described herein and is,jointly produced by
both parties, all rights accruing from such material or article shail be owned in accordance with US
Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive,
and roya.tty-Nee license to use, according to law; any material or article and use any method ihat may be
developed as part of the work unde�this Contract.
The foregoing products license shall not apply to existing training materials, consulting'aids, checklists,
and other materialsand docume�ts of the Contractor which are modified for use in the perfortnance of
this Contract.
The foregoing provisions of this section shall not apply to existing training materials, consulti�g aids,
checklists, and other materials and documents of the Contractor that are not modified for use in the
perfortnance of this Contract.
XIX. Political Activitv Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Corrtract shall
be used for any partisan political activity or to further the election or defeat of any candidate for public
office.
XX. Kinp Countv Recvcled Product Procurement Policv
Agency Services -EHS1813 Page_- 12 of 14
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In accordance with King County Code 10.16,the Contractor shall use recyGed paper for the production
of aIi printed and photocopied documeMs related to the fulfillment of this Contract. In addition, the
Contractocshall use both sides of paper sheets for copying and printing and shall use
rgcyGedlrecyclable productswherever practical in the fulfillment of this Contract.
XXI. Future Suaaort
The County makes no commitment to support the services contrected for herein and assumes no
obligation for future support of the aciiviry corrtracted herein except as expressly set forth in this
Coritfact.
XXII. Entire ContractlWaive�of.Default _ _ _.
The parties agree that this Contract is the complete expression of the terms hereto and any oral or
written representations or understandings not incorporated herein are excluded. Both parties recognize
that fime is of the essence in the performance of the provisions of this Contract. Waiver of any default
sHall not be deemed to be a waiver of anysubsequent default:Waiver or breach of any provision of the
Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be
construed to be a modifica4ion of the terms of the Contrect unless stated to be such through written
appro4al by the County, which shall be attached.to the original Contract.
XXIII.Contract Amendments
Eitherparty may request changes to,this Contrad. Proposed changes which are mutually agreed upon
shaiLbe incorporated by written amendments to this Contract.
XXIV.Notices
Whenever this Contract provides for notice to be provided by one party to another, such notice shall be
in writing and.directed to the chief executive office of the Contractor and the project representative of the
County department specified on page one of this Contract. Any time within which a party must take some
action shall be computed from the date that the notice is received by said party.
XXV. Services Provided in Accordance with Law and Rule and Reaulation
The Contrador and any subcontractor agree to abide by the laws of the state of Washington, rules and
regulations promulgated thereunder, and regulations of the state and federal govemments, as
applicable, which control disposition of funds granted under this Contract, all of which are incorporated
here'in by reference.
� In the event that there is a conflict behveen any of the language contained in any exhibit or attachment to
this Contract, the language in the Contract shall have control over the language contained in the exhibit
or the attachment, unless the parties affirmatively agree in writing to the contrary.
XXVI.Apolicable Law
This contract§hall be construed and interpreted in accordance with the laws of the State of Washington.
The venue for any action hereunder shall be in the Superior Court for King County, Washington.
IN WITNESS HEREOF, the parties hereby agree to the conditions of this Contract:
KING COUNTY ity ofAubur
-- �
FOR
King Co _ _ x c ive Signa
�-Z � � � ,r C� L 2w;s �'1'�u�e,�
Date NAME (Please type or pnn )
nr-r � n �m
Date �
Agency Services.-EHS1813 Page-13 of 14 ,
_ �' .
Approved as to Fortn: � � � � . _ '
OFFICE OF THEKING COUNTY PROSECUTING ATTORNEY� - •
PHSKC Contract# D40572D - Locai Hazardous Waste Management Program
GPRF
s
�AN �6 7011 5
1� .
. �cElVE�
Agency Services -EHS1813 Page- 14 of 14 �
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4 '�
EXHIBTT A
MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS
WASTE MANAGEMENT PROGRAM FOR 2011 ACTIVTI'IES
The Local Hazardous Waste Management Plan (hereafterreferred to as the"Elan") as updated in
1997, was adopted liy,the partner agencies (King Counry Solid Waste Division, Seattle Publia
Utilities, King Counry Water and Land Resowces Division and the Seattle-King County
Department of Public Health)and cities located in King County. The WasHington State
� Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan.
The City is an active and valued partner in the regional Local Hazardous Waste Management
Program (hereafter referced to as the "Program").
T6e purpose of this Exhibit is to define the terms and conditions associated with the Program's
funding of City activities performed under the auspices of the Pian and as approved by the
Program's Management Coordination Committee (hereinafrer referred to as the"MCC"). This
Agreement fiirther defines the responsibilitiesof the City and Seattle-King County Department
of Public Health with respect to the transfer of Program monies.
� ,
Scone of Work
The City of Auburn will assist in the promotion of natural yard care to one Aubum
neighborhood, and create and mail a newsletter to Auburn residents on the proper disposal of
householil hazardous waste,the E-Cycle Washington Program and the use of less toxic and green
cleaning product options.
- � Responsibilities of the Parties
7'he responsibilities ofthe parties to this Contract shall be as follows:
�
A, The Ci _
1: The CiTy shall develop and submit project proposals and budget requests to the
Program's Contract Administrator. Funds provided to the City by the Local Hazardous
Waste 1VIanagement Program pursuant to this Contract shallbe used to implement
hazacdous waste programs and/or services as approyed by the MCC.
2. For reimbursement the Ciry shall submit the following to the Contract Adminisuator:
a) An invoice(see Ezhibit II). Invoices should be sent to the Contract
Administrator for appioval and payment.
b) A brief description of actiyiry accomplished and funds expended in
accordance with the scope of work.
c) Copies of invoices for expenditures or a financial statement prepared by the
Ciry's finance department. The financial statements should include vendor
names, a descriptioo of services provided,date paid and a check or warrant
number.
J:ICPRES\ContractsWewman,Leah�EHS�EHS1813�EHSt813 exA.doc i ot3
D40572D EHSI813
�• . l
3. The Ciry shall notify the Contract Administrator no later than December 15�' regarding the
amount of outstanding expenditures for which the City has not yet submitted a
reimbtirsement request. '
4. It is the responsibiliry ofthe City to complywith all applicable county, state and/or federal
repoRing requirements with respect to the collection and transfer of moderate risk wastes.
The.City shall report to the Contract Administrator the quantity, by type,of moderate risk
waste collected using Program funds: The Ciry shall also provide the Contract Administrator .
with copies of EPA's Non-Hazazdous Waste Manifest or similar form,associated witli the ,
transport of moderate risk waste collected through Program-funded events.
5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the
facilities associated with the Ciry's evenu or in any other way azsociated with activities
conducted within the scope of[his Contract. In the event of a spill or other emergency, the
City is responsible for corriplying with all applicable Iaws and regulations.
6. The City agrees to appropriately acknowledge;the Program in all media produced-.in part or
in whole—with Program funds. The intent of this provision is to further streagthen this
regional partnership in the public's mind.
7. The City agrees to provide the Program with copies ofall media material produced for local
hazardous waste management events or activities that have been funded by the Program. The
City also agrees to allow the Program to reproduce media materials created with Program
money provided that the Program crediu the City as the originator of that material.
8. This project shall be administered by Joan Nelson at the City of Auburn, 25 W Main Street,.
Auburn,at(253}931-5103, (ienelson@aubumwa.gov) or her designee.
9. Questions or concems regarding any issue associated with this Ea:hibit that cannot be handled
bythe Contract Administrator should be referred to.the LHWMP Program Administrator for
resolution.
B. Seattle-Kine County Department of Public Heahh
1.. Seattle-King County Department of Public Health shall administer, via the attached
Contract, the transfer of Program funds to the City for hazardous waste management ,
events and.activities.
2. Within ten(10) working days of receiving a request for reimbursement from the City,
the Contract Administrator shall either notify the City of any exceptions to the request
which have been identified or shall process the request for payment. If any exceptions
to the request are made,this shall be done by written notification to the City providing
the reason for§uch exception. The Conuact Administrator will not authorize payment
for activities and/or expenditures that are not included in the scope of work, unless the
scope has been amended. The Contract Administrator retains the right to withhold all or
partial payment if the CiTy's invoices are incomplete (e.�.they do not include proper
documentation of expenditures for which reimbursement is being requested) orare not
consistent with the submittedscope of work.
):\CPRES\ContractsWewman,Leah�EHS�EHS18131EHS18I3 exA.doc 2 ot3
D40572D EHS1813
C. Proeram Contacts • • '
Jay Watson Paul Shallow
LHWMP Program Administrator LHWMP Contract Administrator
150 Nickerson Sueet, Suite 100 401 FiRh Avenue, Suite 1100
Seattle, WA 98109 Seattle, WA,98104
206-352-8163 206-263-8487
jav.watson(a�kinecountv.eov paulsHalluw a kinecountv.eov
• J:ICPRES\ContractsWewman,Leah�EHS\EHS1813�EHS1813 exA.doc 3ot3
D40572D EHS1813 '
EXHIBIT B
' Budget/Invoice
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
From; The City of Aubum
25 W Main Street,
Aubum,WA 98001-4998
To; Pau4Shallow; LHWMP Contract AdminisRator
_ .
: Seattle-King County Department of Public Health
40l'Fifth Avenue,Suite 1100 ,
Seattle, WA 98104
Contract#D40572D
Period oftime: ,2011 to ,2011.
In performance of a signed Contract between King.Counry and[he Ciry of Auburn, 1 heretiy certify that
[he following expenses were incurred duringShe above-mcntioned period of[ime.
Signature Da[e
Component Budget Current Expenses, Previous Charges Balance
Descri tion
$19,693.38 ,
HHW Education
�.
i
HHW Collection
$19,69338
TOTAL
For Health Department Use Only
Local Hazardous Waste Management Program Approval:
Paul Shallow Date •
J:\CPRES\ContractsWewrrian,Leah�EHS�EHS1813�EH51813 ex2.doc 1 ofl •_
D40572D EHS1813 � � .
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