Loading...
HomeMy WebLinkAbout4780 RESOLUTION NO. 4780 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' AUBURN, WASHINGTON, AUTHORIZING TIiE MAYOR TO EXECUTE A SERVICES CONTRACT WITH THE $EATTLE-KING COUNN DEPARTMENT OF PUBLIC HEALTH FOR REIMBURSEMENT OF FUNDS RELATED TO 2012 LOCAL HAZARDOUS WASTE MANAGEMENT ' PROGRAM ACTIVITIES WHEREAS, the Seattle King-County Department of Public Health has agreed to reimburse the City of Auburn in the amount of$20,625.41 for costs associated with the City's Local Hazardous Waste Management Program; and . WHEREAS, in order to accept the monies offered by the Seattle-King, County , Department of Public Health, it is necessary for the City taenter into a services contract which spec�es the administrative procedures goveming the reimbursement of funds . spent in the City's Local Hazardous Waste ManagementProgram. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHWGTON, IN A � REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the Ciry of Auburn are authorized to execute the King County Contract for Services, 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 tb carry out the directions of this legislation, including providing for the expenditure and appropriation therefore in appropriate budget documents. Resolution No. 4780 November 29, 2011 Page 1 of 2 Section 3. This Resolutiom shall be in full force and effect upon passage and signatures'hereon. . � Dated and Signed this�day of ��`� , 2011. C OFAUB PETER B: LEWIS MAYOR ATTEST: � Darnelle:E. Daskam, City Clerk APPR D TO FORM: I ieI B. He Ciry Attomey . Resolution No. 4780 November 29, 2011 Bage'2 of 2 Public Health� Seattle & King County King County 6ontract No. EHS2298 Federal Taxpayer ID No. 91-6001228 This form is available in altemate formats for people"with disabilities upon request KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION—2012 DepaRment Seattle-King County Dept. of Public HeaRh (a.k.a. Public Health—Seattle 8 King Division Coun /EHS Contractor C' of Aubum Pro'ect Titie Locai Hazardous Waste Mana ement.Pro ram Contract Amount Twen Thousand Six Hundred Twen Fve Dollars and Fo One Cents Contrect Period Start date: 01/01/2012 End date: 12/3V2012 THIS CONTRACT is entered into by 'KING COUNTY (the "County"), and Citv of Autium (the "Contractor"), whose address is 25 W Main St.,Auburn,WA 98001�998. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY " HW- Inco orated Gities $20,625.41 1/1/2012- 12/3172012 TOTAL S20 625.41 7/7/2012-12l3112012 and WHEREAS, the County desires to haVe certain services perfortned by the Contractor as described in this Contract, and as authorized by the 2012 Annual Budget.. NOW THEREFORE, in consideration of payments,covenants, and agreements hereinafter mentioned, 4o be made and perFortned by the parties hereto,the parties covenantand do mutually agree as follows: I lncorooration of Exhibita The Contractor shall proyide services and comply with the requirements set forth in the following attached exhibits,which are incorporated herein by reference: A Program Exhibits and Requirements . • Exhibit A: Scope of Work • Exhibit B: Budget • Exhibit C: Invoice B King County Required Forms • Exhibit D: Certificate of Insurance and Additional Insured Endorsemerrt II Term and Termination A This Contract shall commence on 01Y01/2012, and shall terminate on 12/31/2012, unless extended or tertninated earlier, pursuant to the terms and conditions of the CoMract. Contract#.EHS2298 Page#1 of 9 B This Contract may be terminated by the either party without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other parly thirty (30) days advance written notice of the termination: C The County may tertninate this Contrect, in whole or in part, upon seven (7)days advance written notice in the everrt: (1)the Contractor materialty breaches any duty, obligation, or service required pursuant to this Contract, or(2)the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contrad is terminated 6y the County pursuant to thisSubsedion II.C. (1), the Contractor shail be liable for darimages, including any addRianal costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropria4ion, nonperformance of required servicesr or fiscal mismanagement, the Contractor shall retum to the County immediately any funds, misappropriated or unexpended,which have been paid to the ConVactor by the County. D If County or other expected or actual funding is withdrawn, reduced, or limRed in any way prior to the terminaflon date set foRh above in Subsection IIA.,the County may, upon written notification to the CoMrador;tertninate this Contract in whole or in part. If the Contract is terrninated as provided in this Subsection: (1)the County will be liable only for payment in accordance with the tertns of this Contract for services rendered prior to the effective date of termination; and (2)the Contractor shall be released from arry obligation to provide such further services pursuar�t to the Cor�tract as are affected 6y the tertnination. Funding or obligation under this CoMract beyond the wrreM appropriation year is condftional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved,this Contract will terminate at the Gose of the currerrt appropriation year., E Nothing herein shall limit, waive, or extinguish any right or nemedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III Comuensatlon and Method of Pavment A The County shall'reimburse the Contractor forsatisfactory completion of the services and requirements specified in this Contract, payable in the following manner. Upon receipt and,approval of a signed invoice as set forth in Exhibit C that compiies with the budget in Exhibk B. B The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and 2ports. The County shall make payment to the Contractor not more tfian�days after a complete and accurate invoice is received. C The CoMractor shall submit its finai invoice and all outstanding reports witliin 90 days of the date 4his Contrad terminates. If the Contractor's finai invoice and reports are not submitted by the day _ _ specified in this subsection;the County will be relieved of all tiability for payment to the Contractor of the amounts.set forth in said invoice or any subsequent invoice. D When a 6udget is attached hereto as an exhibit, the Gontractor shall apply the funds received from the County under this Contract in accordance with said budget. 7he coritract may contain separate budgets for separete progrartm components. The ConVactor shall request prior approval from the County for amamendment to this ConGact when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any Contract Co�tract#EHS2298 Page#2 of 9 budget. Supporting documents necessary to explain fuly the nature and purpose of the amendment must accomparry each request for an amendment. E If travel costs are contained in the attached budget,reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs,based on the following rates and criteria. 1 The mileage rate allowed by King County shall not exceed 4he current Intemal Revenue Service(IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehides for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, govemment rates shall be requested. If the Contractor does not request govemmeM retes,the Contrador shall be personaily responsible for the diffe2nce. Please reference the federal web site for current rates: http:/lwww.gsa.gov. 2 Reimbursement formeals shall be limited to the per diem retes established by federel travel requisRions for the host city in 1he Code of Federal R_egulations, 41 CFR g 301, App.A. 3 Accommodation rates shall noYexceed the federal lodging limit plus host city texes. The Contractor shall aiways request govemment rates: 4 Air travel shall be by coach class at the lowest possible price available at the time the County reques4s a particular trip. In general, a trip is associated with a particular work activity of limited duration:and onty one round-trip ticket, per person, shall be billed per trip. IV Intemal Control and Auou�tina Svstem The Contractor shali establish and rtiaintain a system of accounting and intemal controls which complies with applicable, generally accepted accounting principles, and govemmental accounting and financial reporting standards. V Debartnent and Susoension Certification Agencies receiving federal funds�a4 are debarred, suspertded, or proposed for debarment are exciuded from contracting with the County.The Contrador, by signature to this Contracf, certifies that the Contractor is not presently debarred, suspended, or proposed for debartnent by any Federal department or agency. The Contractor also agrees thaYit will not ente�into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The ConVactor 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 suspension and debarment, see Federal Acquisition Regulation 9.4. VI Maintenance of RecordslEvaluations aod Insoectlons A The Contractor shall maiMain accounts and records, including personnei, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for aU Contract funds and compliance wkh this Contract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below,the Contractor shall maintain the following: 1 Records of employment, employment advertisements, application forms, and other perdnent data, records and 'mfomra6on related to employment, applications for employment or the administration or delivery of services or any othec benefits under this Contract; and 2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Cor�tr-act, and arry other infortnation necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any mutually agreeable time, the site of the work and the Contrador's office to review the foregoing records. The Contractor shalt provide every assistance requested by the County during such visits. In aU other respects,the Gor�tractor sfiaU make the foregoing Gontract#EHS2298 Page#3 of 9 records available to the County for inspedion and copying upon request. If this Contract inVolves federaf funds, the Contrector shall comply wRh all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C Except as provided in Section VII of this Contract, the records listed in A and B above shali be maintained for a Period of six(6j years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance wrth Revised Code of Washington (RCV1� Chapter 40.14. D Medical records shall be mairrtained and preserved by the Contractor in accordance with state and federal medica� records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice_ if the Contractor ceases operations under this CoMrad, the Contractor shall be responsible for the disposition and maintenance of such medical records. E The Contractor agrees to cooperate with the County or its ageM in the evaluation of the Contractor's performance under this Contrad and to make ayailable all information reasonably required byany such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F The Contractor agree5 that all informaGon, records, and daTa coliected in connection with this Contract shali be protected from unauthorized disciosure in accordance with applicable state and federal law. VII Comoliance with tfie Health Insurance Portabilitv AccouMabilitv Act of 1996 IHIPAAI The Contractor shall not use protected health infortnation created or shared under this Corrtract in any ' manner that would constitute 8 violaUon of HIPAA and any regula4ions enacted pursuarrt to its provisions. ConVactor shall read and certify compliance with all HIPAA requirements at http://www.kingcounty.gov/healthservices/health/partnerships/contracts VIII Audits A If the Contractor or subcontrector is a municipal entity or other govemment institution or jurisdiction, or is a non-profit organization as defined in OMB Circular A-133,and expends a total of$500,000 or more in federal finangial assistance and has received federal financial assistance from the County during its fiscal year,then the Contractoror,subcoritractor shall meet the respective A-133 requirements described in subsections Vlll.6. and VIII.C. B If the Contractor is a non-profit organization, k shall have an independerrt audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standaMs); GAO's Standards for Audits of Govemmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contrador no later than six (6)months subsequent to the end of the.Contrector's fiscal year. The Contractor shall provide to the County Rs.response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a"Management Lette�'or otFier correspondence made 6y the auditor,the Contractor shall provide copies of those communications and the Contractor's resporise and corrective action plan. Submittal of these documents shall constitute compliance with subsection VIII.A. G If the Contractor is a municipal entity or other govemment institution orjurisdicction, it shail submit to the CouMy a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty(30) days of receipt, which submi4hal shail constitute compliance with subsection VIII.A. D If the Corrtractor, for-profit or non-profrt, receives in excess of$100,000 in funds during its fiscal year from the County, it shali provide a fiscaf year financial statement prepared byan independent Gertified Public Accountant or Axounting Firtn within six(6) months subsequent to the close of the Contractor's fiscal year. Contract#EHS2298 Page#4 of 9 E Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Gontractor will be required to comply wRh 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 wRh any tertns or conditions of this Contract or the Contracfor has failed to provide in any manner the work or services agreed to fierein, and if the County deems said breach to warrant corrective action,the following se4uerrtial procedure will apply: A The County will notify the Contractor in writing of the nature of the breach; The Contractor shall 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 specfied deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compiiance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the Courriy, at Rs sole discre4ion, specifies in writing an extension in the number of days to cortiplete the corrective actions; B The County will notify the Contractor in writing of the County's determination as to the sufficiency of the CoMractors corrective action plan. The detertnination of sufficienay of the Contractor's corrective acfion plan shall be a4 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 Contractors:corrective acGon plan is deterrnined by the County to be insufficient; the County may coinmence tertnination of this Contract in whole or'in part pursuaM to Section II.C.; D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring add'Rional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive arry rights the parties may have pursuant to Section II, Subsections B, C, D, and E. X Disoute Resolutton The parties shall use.their best, good-faith efforts to cooperatively resoive disputes and problems that arise in connection with this Contract. Both paRies will make a good faith efFort to corrtinue without delay to carry out their respective responsibilities under this Contract while attempting to resoive the dispute under this section. XI Hold Hartnless and Indemnification A In providing services under this Contrad, the Contractor is an independeM Contractor, and neither k nor its officers, agents, employees, or subwntractors are employees of the County for any purpose. The Contractor shall 6e responsible for all federal and/or state tax, industriaf insurence, and Social Security liability that mey result from the perforrrmance of and compensation for these services and shall make no daim of career service or civil sei4ice rights which may accrue to a CouMy employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behaff of the Con4ractor, its employees, subcontradors and/or others by reason of __. . this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents; and employees,from, and against arry and eIl claims, costs, and/or losses whatscever occurring or resulting from (1) the Contrador's failure 4o pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by CoMrador employees or other suppliers in connection with or support of the performance of this Cordract: B The Contractor further ag(ees 4hat it is financially responsible for and will repay the County all indicated amaunts following an audit exception which occurs due to the negtigence, intentional act, Contract#EHS2298 Page#5 of 9 and/or failure, for any reason, to comply with the terms of this Contrect by the Contractor, its officers, employees, agents; or subcoMractors. This duty to repay the County shall not be diminished or extingui§fied by the prior terminatlon of the Contract pursuant to the Duration of Contract or the Termination section. C The Contractor shall defend, indemnify, and hold harmiess the County, its officers, employees, and . agents from any and all costs, Gaims,judgments, and/or awards of damages, arising out of, or in any way res.ulting from, the negligerrt acts or omissions of the CoMractor, its officers,emptoyees, subcontractors and%or agents in its perFormance or non-perforrnance of its obligations under this Contract In the event the County incurs arry judgment,.award; and/or cost arising therefrom including atEomeys'fees to enforce the provisions of this article, ail such fees, expenses, and costs shall be recoverable from the Contractor. D The CouMy shall defend, indemnify, and hold hartnless the Contractor, its officers, employees, and agents fiom any and all costs, daims,judgments, and/or awards of damages, arise out of, or in any way resuft from,the_negligerd acts or omissions of the County;its officers, employees,or agents in its perFormance or non-perFormance of its ohligafions under 4his 6ontract, In the ever�t the Contractor incurs arry judgment,.award, and/or wst arising therefrom inGuding attomeys'fees to enforoe the provisions of this article, all such fees, expenses; and costs shall be recovereble from the County. E Claims shall include, but not be limited to, assertions that use or transfer of soflware, book, documerrt, report,film,tape, or sound reproducGon or material of any kind, delivered hereunder, constitutes an infingement of any copyright, patent, trademark,trade name, and/or othervvise results in uMair trade practice. F Nothing contained wi�in this proVision shall affect and/or alter the application of any other provision contained within this Contrad. G The indemnification,,protection, defense and save harmless obligations contained herein shall survive the expiFation, abandonment ortermination of this Agreement. XII Insurance ReauiremerKs By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insuranceagainst claims for injuries to persons,or dameges to property which may arise from, or in connection with, the performance of work hereunder by the Contractor; its agents, representatives; employees, and/or subcontractors.The costs of such insuranceshall be paid by 4he ' Contractor or subcontractor. The ConVecto�may fumish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurence requirements of this Contract. The Contractor is responsible foc ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor; its agents, employees, officers, subcontractors;providers, and/or provider subcontrectors to comply with 4he insurance requirements stated herein shall constitute a material breach of this Contract. Specifc coverages and reguirements are at http:/lwww.kingcounty.gov/heatthseivices/health/partnerships/contracts; contractors shall read and certify Compliance. XIII AssianmenUSubeontracUna A The Contrectorshall not assign or subcontract any portion of this Contrad or Vansfer or assign any daim arising pursuant to this Contract without the written consent of the County. Said consent must be sougM in writing by the Cootractor not less than,fifteen (15)days prior to the date of any proposed assignment. B "Subcontract"shall,mean any agreemeM between the Contractor and a subcontractor or between sub"contraotors that is based on this Contract, rop vided 4hat the tertn`subcorrtract"does not inctude the purchase of(1) support services not related to the subject matter of this Contract, or(2) supplies. Contract#EHS2298 Page#6 of 9 C The Contractor shall include Sections III.D., IV,V, VI, VII, VIII, XI, XII, XIV, XV, XXI, and XXV, in every subcontract or purchase agreement for ser4ices that relate to the subject matter of this Contract. D The Contractor agrees to include the foilowing lariguage veibatim in every subcontract, provider agreement, or purchase agreemeM for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold hartnless King County, its officers, employees and agents from any and all wsts, claims,judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, i4s officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understandsthat King County is a third parly beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV Nondiscrimination and Eaual EmolovmeM Oaaortunitv The Contrector shall comply with all applicable federal, state and iocal laws regarding discrimination, including those set forth in this Section. During performance of the Corrtract, the Cantractor agrees that it will not discriminate against any employee or applicant for employment because of the employee orapplicanYs sex, race, color, marital status, nationai origin, religious affiliation;disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless'based upon a bona fide occupational qualification.The Contractorwill make equal employment opportunity efforts to ensure that applicants and employees are treated, without regardlo their sex, race, color, marital status,:national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age.Addftional requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and cert'rfy compliance. XV Conflict of Interest A The Contractor agrees to compty with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shallbe a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to"the remedies stated therein, or otherwise available to the Caunty at law or in equity. B The Contractor agrees,pursuant to KCC 3.04.060,thffi it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value orgift, whether in the_form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledgesthatif it is found to have violated the prohibition found in this paragraph, its current contrac4s with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C The Contractor acknowledges that for one year after leaving County employmeM, a former county employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county action in which the former county employee participated during county employment. Contractorshall identify at the time of offer current or former County employees involved in the prepare6on of proposals or the anticipated performance of Work if awarded the Contrad. Failure to identify current or former County employees involved in this � transaction may resuit in the County`s denying or terminating this Contract. After Contract award, the Contrector'is responsible for notiTying the County's Project Manager of current or former County employees who may become involved in the Con4rac4 any time during the term of the Contrect. XVI Eauiament Purchase. Maintenance. and Ownershio A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost af$5,000 per item ormorer when the purchase ofsuch equipment is reimbursable as a Contract budget item, is upon its purchase orreceipt ttie property of the County and/or Contract#EHS2298 Page#7 of 9 federal/state govemment. The Contrador shall be responsible for all such properly, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be retumed to the County or federai/state govemment upon termination of this Corrtract unless otherwise agreed upon by the parties. XVII Proorietarv Riahffi - The parties to this GonU�ad hereby mutually agree that if any patentable or copyrightable material or article should nesult from the woric described herein, all rights accruing from such material or artide shall be the sole property of the party that produces such material or article: If any patentable or copyrightabte rtiaterial or article should resuft from the work described herein and is joinUy produced by both parties,all rights axruing from such material or article shall be owned in accordance with US PateM Lew. Each party agreesto and dces hereby grant to the other party, irrevocabie, nonexclusive,. and roya.lty-free license to use, according to law,any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products;license shail not apply to existing haining materials, consutting aids, checklists, and other materials and documents of the Contractor which are modified for use in the perFortnance of this Contract. The foregoing provisions of this sedion shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performence of 4his Contract. XVIII PoliUcal Activitv Prohibited None of the funds, materials, properly, or services provided directly or indirecty under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidffie for pubiic office. XIX Kina Countv Recvcled ProducYProcurement Policv In accordance with King County Code 10.1 B,the Contractor shall use recycled paper for the production of ail priMed and photocopied documents related to the fulfillment of this Contract: In addition,the Contractor shall use both sides of paper sheets for copying and printing and shail use recycled/recydable products whereverpractical in the fulfillmerd of this Contract. XX Future Su000rt The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the adivitjrcontracted herein except as expressly set forth in this CoMrect. XXI Entire CoMractlWaiver of Default The parties agree that this Contract is the complete expression of the tertns hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the perforrnance of the provisions of this Contract. Waiver of any defauR shall not be deemed to be a waiver of a_ny subsequent defautt. Waiver or breach of any provision of the Contract shall not be deemed to be a weiver of any other orsubsequent breach and shall notbe construed to be a modification of tfie tertns'of the Contract unless stated to be.such through written approval by the County,which shall be attached to the original Contract. XXiI ContractAmendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upo� shall be incorporeted by written amendments to this Contrad.. XXIII Notices Whenever this Contrect provides for notice to be provided,by one party to another, such notice shall be in writing and directed to the chiefexecutive office of the Contractor and the project representative,of fhe Contract#EHS2298 Page#8 of 9 County department apecified on page one of this Contract.Any time within which a parly must take some action shall be computed from the date that the notice is received by said party. XXIV Services ProVided in Accordance with Law and Rule and Reaulation The Contractor and any subcoMractor agree to abideby the laws of the:state of Washington, rules and regulations promulgated thereunder, and regulaUons of thestate and federal govemments, as applicable, which control disposRion of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a confiict between any of the language contained in any exhibit or attachment to this ConVact, the language in 4he Contract shall have:corrtroi ovgr the language contained in the exhibit ofthe attachment, unless the parties a�rmatively agree in writing to Ehe contrary. XXV Aoolicable Law This contract shall be construed and interpreted in accordance with the laws of the State of Washington. The yenue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI No Third ParEv Beneficiaries Except for the partiesto whom.this contract is assigned in compliance with the terms of this contract, tFiere are no third party beneficiaries to this contract, and this contract shall not impart any rights enforceable by ariy person or entity that is not a party hereto. IN WITNESS HEREOF, the parties herebyagree to the terms and conditions of this Contract: KING COUNTY ity of . FOR Kin n ec ve Signature i 2.> l ?� P��. ,c�-5 �A �. Date T�' NAME (Please type or print DEG 1 9 �nn Date Approved as ta Fortn: � OFFICEOF THE KING COUNTY PROSECUTING ATTORNEY , PHSKC Contract#EHS2298-iocal Hazardous Waste Management Progrem Contract#EHS2298 Page#9 of 9 _ . RE� � "�/�� �aN > 2 aaa� . �rant � f:ontract Services E7C�IT A CITY OF AUBURN 2012 SCOPE OF WORK The Local Hazardous Waste Management Plan(hereafter referred to as the"Plan'�as updated in 1997 and 2010;was adopted by the partner agencies(King Counry Solid Waste Division, Seattle Public Utilities, King Counry Water and Land Resources Di4isiob and the Seattle-King Counry Departrnent of Public Health)and ciries located in King County. The Washington State Deparnnent of Ecologg in acwrdance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in;he regional Loca1 Hazardous Waste Management Program (hereafter referred to as the"Program"). The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City activities perfo�med under the suspices of the Plan and as approved by the Program's Management Coordination Cominittee(hereinafter referred to as the"MCC'�. This Agreement further defines the responsibilities of the City and 5eattle-King County Department of Public Health with respect to the transfer of Program monies. ' Scoce of Work The Ciry of Aubum will assist in the,promotion of natural yard care to one Aubum neighborhood, and create and mail a postcard to Auburn residents on the Wastemobile information,alkaline battery and compact fluorescent light bulb disposal,disposal options for unwanfed medicines,and altemative cleaning supplies. The Ciry will also create and'mail a postoazd about hazardous waste disposal to Aubum businesses. Responsibilities ofthe Parties The responsibilities of the parties to this Contract shall be as follows: A. The Ci 1. 7"he Ciry shall develop and submit project proposals and budget requests to the Program's Contract Administratoc. Funds provided to the Ciry by the Local Hazardous Waste Management Program pursuant to this Contractshall be used to implement hazardous waste programs and/or services asapproved by the MCC. 2. For reimbursement the Ciry shall submit the following to the Fund Manager: a) An invoice(see Exhibit III). Invoices should be sent to the Fund Manager for approval and payment. � . b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statemenu should include vendor EHS2298-City of Auburn 1 names,a description of services provided,date paid and a check or wazrant number. 3. The City shall dotify the Fund Manager no later than December 15�'regarding the amount of outstanding expenditures for.which the City has not yet submifted a reimbursement request. 4. It is the responsibility of the Ciry to gomply with all applicable.county, state and/or federal reporting requirements with respect to the collecrion and transfer of moderate risk wastes. T'he Ciry shall repoR to the Contract Administrator the guam3ty, by type, of moderate risk ' waste collected using Program funds. The City shall also pmvide the Contract Adminish�ator with copies of EPA's Non-HazarBous Waste Manifest or similar form, associated with 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 City's events or in any other way"associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency,the City is responsible for complying with all applicable laws and regulations. 6. T'he City agrees to appropriaYely acknowledge the Program in all media produced—in part or in whole—with Program funds. The intent of this pmvision,is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste managemenfevents or activities that hayebeen funded bythe Program. The City also agrees to allow the Program to reproduce media materials created with Program moneyprovided that the Program credits the Ciry 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, (jenelson@aubumwa.gov)or her designee. 9. Questions or concerns regazding any issue associatedwith thiaExhibit that cannot be handled by the Contract Administrator or Fund Managershould be referred to the LI-IWMP Program Administrator for resolution. B. Seattle-King Counri Department of Public Health 1. Seattle-King County Depariment of Public Health,shall administer,via the attached Contract,the transfer of Program funds to the Ciry for hazardous waste management events and activities. 2. Within ten(IO)working days of receiving a request.for reimbursement from the Ciry, the Fund Manager shall either notify the City of any excepfions to the request which have been identified orshall process the request for gayment: If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception. The Fund Manager will not suthorize payment for activities and/orexpenditures thafare not included in the:scope of work,unless the scope has been amended. T'he Fund Maaager retains the right xo withhold all or partial payment if the City's invoices are incomplete{e.g.they do not include proper documentation of expenditures for which reimbursement is being requested)or are not consistent with the submitted scope of work. � C. Prosram Contacts EHS2298-Ciry of Auburn 2 Jay Wafson Maiielaine Yun LHWMP Program Administrator LHWMP Fund Manager 150 Nickerson Street, Suite 100 150 Nickerson Street, Suite 100 Seattle, WA 98109 Seattle,WA 98109 206-352-8163 206-352-7128 iav.watsonCa�kinecountv:sov madelaine.,�(a�kinecourrtv.aov Paul Shallow LHWMP.Gontract Adminishator • ' 401 Fifth Avenue, Suite 1100 Seattle, WA 98104 206-263-8487 paul.shal low�k in ecounty.gov EHS2298—Ciry of Aubum. 3 EXHIBIT B ZO1Z BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM The Ciry of Auburn 25 W Main Street, A6burn, WA 98,001-4998 Com 'onent Descri tion Bud et Household Hazardous Waste Educetion $20,625.41 Household Hazardous Waste Colladon TOTAL $20,625.41 EH52298-City of Auburn EXHIBIT C 2012 INVOICE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: The Ciry of Auburn 25 W Main Street, Aubum,WA 98001-4998 To: Madelaine Yun,LHWI�Fund Manager Local Hazazilous Waste 1Vlanagement Program in King County Seattle-King Coiuiry Depaitaient of Public HealUi 150 Nickerson St, Suiu 100 Seattle,WA 98109 Contract#EH52298 Period of time: ,2012 to .2012. In perfortnance of a signed Contraot tietween King County and the City of Auburn,I hereby certify thaz the following expenses were incurred during the above-mentioned period of time. Signature Date Compooent gudget Current Ezpenses Previous Chsrges Balance __Descri tion Hoiisofiold Ha�ardous $20,625.41 WastB Education Household Hazardous Waste Collecdon TOTAL $20,625.41 For Health Departrnent Use Only Local Hazardous Wasu Management P;ogcam Approval: Madelaine Yun Date EHS2298—Ciry of Aubum .. . _.. _ . EXHIBIT D ;t @/V� � �i . _ _._ ..._ _ _ — _ . Inst�rance Authority i�.u. ;s,,s ,�iii�i • . 'lid:n�il.,. \1':\ •!c;iS I-{-\�l�r-II Ccr�p: ?23a tG,,�•�,' .'iy..,�; ;,p.ii, I�im, Count� . . .. - . . F�;.c: .'.Uu-+.^:.;.;_��, :\tin: I.rah `rym:in ' atil �ih :\cr.. �uitr'I:�OU S�:mlr. 1\':1 ')S I U-I Rf: Citc c�f�\ub�u-n I.o�al H:�zarduus �1`astc \lanac�mcnt I'ro�_ram Eviclence of Coverage l hr n6u�c capti��nad cntit� is.i membcr oP�hc N'aslting�on Citi�s (nsur�ncz Authariq (\1'C'fAj. ��'hich is:r xlf insumd p�ol �f over 130 municipal cor�wra[ions in thc State ol' \1'ashinctan. ��'C In h:is .it least S I million per occurrence combin�d sin�lr limit ol'liabilit�� covci�ge in its self ipsurcd la��er tliat m:n be applicable'in th� e�enr:�n incident occurs�hai i, deemed t�'Ix aftributed to thc neeligence ol the menilxr. 11'C1A is un Intcrlocal kgrecmcnt amung nnmicipalitics and liability is compie�el�� xIF limded b�•thc m�mbership. .�s there'is no insur�qce pi�licy inv�l��zd and \\'Clt� is not ' an instn'+mcc conipam. cour or��lnization cannot Ik naincci as am"��dditional insured". Sinerrrl�. � ��� I?.ric 13. I:iis��u Depuq' Uirccti>r . cc: l�rcn�a Hcinrman .foan \�Ison . :�.n., � . . . .