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ORDINANCE NO. 4 7 4 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING REIMBURSEMENT OF FUNDS IN THE AMOUNT
TWELVE THOUSAND SIX HUNDRED SIXTEEN AND 00/100 DOT.~ARS,
($12,616), AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT WITH THE SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC
HEALTH TO ACCEPT THE REIMBURSEMENT FUNDS FOR IMPLEMENTATION OF
A PORTION OF THE EDUCATIONAL ELEMENT OF THE LOCAL HAZARDOUS
WASTE MANAGEMENT PROGRAM.
WHEREAS, the Auburn city Council of the City of Auburn
must adopt and approve all appropriations by Ordinance
pursuant to Chapter 35A.33 RCW; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
~ASHINGTON, DO ORDAIN AS FOLLOWS:
Seotion 1. Pursuant to Chapter 35A.33 RCW, the City
hereby approves the expenditure and appropriation of a total
amount of TWELVE THOUSAND SIX HUNDRED SIXTEEN DOLLARS
($12,616) which constitutes reimbursement of funds for
implementing a portion of the educational element of the Local
Hazardous Waste Management Program in accordance with the
Local Hazardous Waste Management Plan for Seattle--King County.
Section ~. The Mayor and City Clerk of the City of
Auburn are authorized to execute Agreement No. D-22049D with
Seattle-King County Department of Public Health for the
reimbursement of said funds.. A copy of said Agreement is
attached hereto and designated Exhibit "A" and is incorporated
by reference herein.
Ordinance #o. 4?45
#ay 9, 1~5
Page I
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~ The Mayor is hereby authorized to
such administrative procedures as may be necessary
out the directions of this legislation.
implement
to carry
This Ordinance shall take effect and be in
force five (5) days from and after
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
its
passage, approval and
ATTEST:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinence NO.
Hay 9, 1995
Page 2
ORIGINAL
AGREEMENT
between
KING COUNTY
and
THE CITY OF AUBURN
This Agreement (the "Agreement") is entered into between King
County, by and on behalf of the Seattle-King County Department of
Public Health, Environmental Health Services Division
(hereinafter referred to as the "County" or the "Health
Department) and the City of Auburn (hereinafter referred to as
"the City").
I. PURPOSE
The purpose of this Agreement is to establish roles,
relationships and financing mechanisms for implementation of the
adopted November, 1990 Local Hazardous Waste Management Plan for
Seattle-King County (hereinafter referred to as the "Plan"). The
Plan was adopted by each of the affected agencies and
jurisdictions and approved by the Washington State Department of
Ecology in accordance with RCW 70.105.220(1).
The Plan calls for coordination of local household and small
quantity commercial waste generator programs among the Health
Department, suburban cities, King County Solid Waste Division,
King County Department of Metropolitan Services, and Seattle
Solid Waste Utility. The Plan provides for mechanisms by which
the Plan implementation shall be coordinated, funded and operated
by each of the affected agencies and jurisdictions. The Plan
further provides for establishment of a Management Coordination
Committee for the purpose of coordination among the jurisdictions
and agencies affected by the Plan. Funding for Plan programs is
derived from fees collected by certified haulers of solld waste,
King County Solid Waste Facilities, City of Seattle Solid Waste
Facilities, sewer utilities, suburban cities that bill for solid
waste/sewer services and Washington State Department of Ecology
grants.
Because the Plan provides for the Health Department to administer
the funds for the Plan and, for interlocal agreements, for
disbursement of the funds, this Agreement defines how the City
and the Health Department will implement their respective
responsibilities pursuant to the Plan. The Plan is expected to
be updated periodically. Plan updates may require amendments to
this Agreement.
CNTRCT 95. AUB
II. RESPONSIBILITIES OF THE CITY
The City shall have the following responsibilities pursumnt to
this Agreement in accordance with the provisions of the Plan.
Development of Proaram and Budaet ProDosal:~. The City, if
it applies for funding in any given year, shall develop
program and budget proposals consistent with the intent of
the Plan and submit these to the Management Coordination
Committee (hereinafter referred to as the "MCC") designated
by the Plan.
Ce
Participation on Committems. The City shall work with the
Suburban Cities Association as they designate one individual
~o the MCC and one or more individuals to the Technical
Planning Committee as described in the plan.
Pro,ram Implementation. The City shall implement the
programs designated for the City in the annual scope of work
~or the Plan approved by the King County Board of Health and
~e City's legislative authority.
Submittal of E×Denditure Information. The City shall submit
quarterly to the Health Department a statement.of
expenditures in a form approved by the Health Department,
consistent with the approved annual scope of work and
budget.
Establishment and Maintenance of Records. The City :shall
maintain accounts and records, including personnel,
financial, and programmatic records, and other such 2~ecords
as may be deemed necessary by the County, to ensure proper
accounting for all project funds and compliance with'this
Agreement. All such records shall sufficiently and properly
reflect all direct and indirect costs of any nature expended
and services provided in the performance of this Agreement.
These records shall be maintained for a period of six (6)
years after termination hereof unless permission to destroy
them is granted by the Office of the Archivist in accordance
with RCW Chapter 40.14.
The City shall inform the Health Department in writing of
the location of the aforesaid books, records, documents, and
other evidence and shall notify the Health Department in
writing of any change in location within ten (10) working
days of any such relocation.
Audits and Inspections. The records and documents with
respect to all matters covered by this Agreement shall be
subject at a~l times to inspection, review, or audit by the
CNTRCT95. AUB
2
County and/or federal/state officials so authorized by law
during the performance of this Contract and six (6) years
after termination hereof, unless a longer retention period
is required by law.
The City shall provide right of access to its facilities,
including those of any subcontractor, to the County, the
state and/or federal agencies or officials at all reasonable
times in order to monitor and evaluate the services provided
under this Contract. The County will give advance notice to
the City in the case of fiscal audits to be conducted by the
County.
Minority/Woman-owned Business Utilization. Minority and/or
Woman-owned Business utilization goals for this Agreement
are waived pursuant to King County Code 4.18.70.A4.
However, as a condition of this waiver, the Director of
Executive Administration instructs all parties to this
Agreement that each must, at a minimum, make affirmative
efforts to purchase those services authorized under this
Agreement from Minority- and/or Woman-owned businesses. For
those governments/municipalities/utilities where there is a
Minority/Woman-owned Business procurement program, that
program should be applied to each purchase made under this
Agreement. For those government/municipalities/ utilities
without an existing Minority/Woman-owned Business
procurement program, they shall solicit from Minority/Woman-
owned businesses for each individual purchase made under
this Agreement, provided there are such businesses. They
may use either the Washington State Office of Minority,
Women and Disadvantaged Business EnterDris~
County Office of Civil Rights and Comp~ian~ or the King
as resources to
identify Minority/Woman-owned businesses for this purpose.
Municipal or State Agency Provisions. If the City is a
Municipal Corporation or an agency of the State of
Washington and is self-insured for any of the insurance
requirements set forth in Attachment A, a certification of
self-insurance shall be attached hereto and be incorporated
by reference and shall constitute compliance with 'this
section. If the City is not self-insured, then the
provisions of Attachment A shall be adhered to in the
performance of this Agreement.
Certificate of Disposal. It shall be the responsibility of
the City to provide a certificate of disposal for all wastes
disposed as a result of this Agreement. Certificates of
disposal shall be issued by the firm or person responsible
for the disposal of waste, and shall include information
about the date, manner, and location of waste disposal.
Certificates of disposal shall make clear reference to
CNTRCT95. AUB
The Health Department
pursuant the Plan.
specific manifests (to be included by the City with its
invoice pursuant to the attached Memorandum of Understanding
on the Local Hazardous Waste Manaaement Pro,ram for 19~
~Zi~) for the waste disposed. Suoh certificates shall
be provided to the County as soon as they are available, and
in any case no later than 180 days after the last d[ay of the
month during which the wastes were accepted by the
Contractor.
SDills and Emeraenci~s. 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 the operations under this
.Agreement. In the event of a spill or a health or
~nvlronmental emergency, the City shall comply with
applicable law and Shall warn and evacuate those persons
that may be affected by the spill or emergency condition.
.Indemnification and Hold Harmless. Each party shall
~rotect, defend, indemni~y.and save harmless the other
party, its officers, offIcials, employees and agents while
~cting within the scope of their employment, from any and
all costs, claims, judgments, and/or awards of damages,
arising out of or in any way resulting from each party's own
comparative negligent acts or omissions. Each party agrees
that its Obligations under this subparagraph extend to any
claim, demand, and/or cause of action brought by or on
behalf of any of its employees or'agents. For this purpose,
each party, by mutual negotiation, hereby waives, with
respect to the other party only, any immunity that would
otherwise be available against such claims under the:
Industrial Insurance provisions of Title 51 RCW. In the
event that either party incurs any judgment, award and/or
cost arising therefrom including attorney's fees to enforce
the provisions of this Article, all such fees, expenses, and
costs shall be recoverable from the responsible party to the
extent of that party's culpability.
III. RESPONSIBILITIES OF THE HEALTH DEPARTMENT
shall have the following responsibilities
Coordination of the MCC. The Director of the Seattle-King
County Department of Public Health (the "Health Department,,)
shall designate a representatiVe to the MCC. The Health
Department shall also coordinate MCC meetings and compile
the work program and budget submittal proposed by the City,
as well as proposals from the other agencies and
jurisdictions affected by the Plan, and submit them to the
MCC together with comments and recommendations prepared by
CNTRCT95. AU~
4
the Technical Planning Committee. The Health Department
shall further transmit the MCC recommended annual work
program and budget to the Seattle and King County Boards of
Health for their consideration. Upon the Boards' of Health
approval of each year's work program and budget, 'the Health
Department will produce a Memorandum of Understandin~ on th~
Local Hazardous Waste Management Program, (form is attached
hereto as Exhibit I) defining the scope of work and budget,
for signing by the Health Department and the City. Each
year's Memorandum of Understanding on the Local Hazardous
Waste Management ProGram will be incorporated into this
Agreement upon being fully approved and signed by both
parties.
~. As manager of the Local Hazardous Waste
Fund, the Health Department shall provide quarterly
financial plan updates to the MCC. After submittal of
expenditure information by the City pursuant to Section
II.D. of this Agreement, the Health Department shall arrange
fund transfers to the City in the amount of those
expenditures, but in no case shall the fund transfers exceed
the amount of funds allocated on an annual basis in
accordance with the approved budget and work plan for that
particular year that has been approved by the King County
Board of Health and the King County Council in the annual
work program for City implementation.
IV. DURATION, AMENDMENTS AND TERMINATION
The inception of this Agreement shall be from the date of
execution by both parties. The term of this Agreement shall be
indefinite. This Agreement may be amended annually by signature
of both parties. During the term of this Agreement, the parties
will annually set the amount of funds allocated to the work
program in accordance with the budget and work program approved
by the King County Board of Health and the King County Council.
This Agreement may be terminated upon the written request of
either party with sixty (60) days notice to the other party.
V. ADMINISTRATION OF AGREEMENT
The
A.
following provisions are made in accordance with RCW 39.34:
' ' . The Seattle-King County Department of Public
Health Local Hazardous Waste Program Supervisor will act as
Administrator of this Agreement.
Personal and Real Property. This Agreement does not
authorize the purchase or sale of real or personal property.
vi. ENTIRE AGREEMENT/WAIVER OF DEFAULT
CNTRCT9 5 .AUB
King County Executive
The parties agree that this Agreement is the complete expression
of the terms hereto and any oral representations or
understandings not incorporated herein are excluded. Both
parties recognize that time is of the essence in the performance
of the provisions of this Agreement. Waiver of any default shall
not be deemed to be a waiver of any subsequent default. Waiver
or .breach of any provision of this Agreement shall not be deemed
to be a waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement
unless stated to be such through written approval by the Health
Department, which shall be attached to the original Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the respective dates set forth below.
King County The City of Auburn
~ Signature
Charles Booth
Name
APPROVED AS TO FORM BY THE OFFICE
OF THE KING COUNTY PROSECbTING ATTORNEY
Mayor
Title
Da-~%
ATTEST:
Rob~~ter~, ~~y Clerk
CNTRCT9 5. AUB
6
EXHIBIT I
MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS
WASTE MANAGEMENT PROGRAM FOR 1995 ACTIVITIES
This Memorandum of Understanding between the Seattle-King County
Department of Public Health and the City of Auburn specifies the
administrative procedures and monetary reimbursement regarding
implementation of the Local Hazardous Waste Management Program.
Scope of Work
The City of Auburn will sponsor an educational play for middle
school students about the water cycle, hazardous waste and
alternatives to chemicals. The City will also distribute Green
Cleaning Kits to children and adults at special events.
ReDortina Reauirements
The City shall submit progress reports to the Department with
each payment request. Payment requests must be submitted within
60 days after the completion of the event involved.
Budget
Attached hereto as "BUDGET/INVOICE,, and incorporated herein.
We, the undersigned, agree to the above work:
KING COUNTY:
CITY OF AUBURN
King County Executive
APPROVED AS TO FORM BY THE
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
Charles Booth
Name
Mayor
Title
Date
CNTRCT95. AUB
7
EXHIBIT I-A
BUDGET/INVOICE
The City of Auburn
25 West,Main
Auburn, WA 98001
Todd Yerkes, Environmental Health Services Supervisor
Seattle-King County Department of Public Health
201 Smith Tower
Seattle, WA 98104
Period of time: January 1, 1995 to December 31, 1995.
In performance of an Agreement between the Seattle-King County
Department of Public Health and the City of Auburn, I hereby
certify that the following expenses were incurred during the
above mentioned period of time. The Department Program Monitor
will have access to details as needed.
Signature Date
HHW Education:
Public Info/Outreach
Total
$12,616
$12,616
For Department Use Only
Approved for payment:
Todd Yerkes
Date
CNTRCT95. AUB
8
ATTACHMENT A
Insurance Reauirements. By the date of execution of this
Agreement the City shall procure and maintain for the duration of
this Agreement 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 City, its agents,
representatives, employees, and/or Subcontractors. The cost of
such insurance shall be paid by the City or the City's
Subcontractor. The City may furnish separate certificates of
insurance and policy endorsements for each Subcontractor as
evidence of compliance with the insurance requirements of this
Agreement.
For Ail Coverages: Each insurance policy shall be written
on an "Occurrence" form; excepting that insurance for
Professional Liability, Errors and Omissions when required,
may be acceptable on a "claims made" form.
If coverage is approved and purchased on a "claims made"
basis, the City warrants continuation of coverage, either
through policy renewals or the purchase of an extended
discovery period, if such extended coverage is available,
for not less than three years from the date of completion of
the work which is the subject of this Agreement.
Minimum Scope of Insurance.
broad as:
Coverage shall be at least as
General Liability: Insurance Services Office form
number (CG 00 01 Ed. 11-88) covering COM]~ERCIAL GENERAL
/~; or Insurance Services Office form number (GL
0002 Ed. 1-73) covering COMPREHENSIVE GENERAL LIABILITY
and Insurance Services Office form number (GL 0404 Ed.
5-81) covering BROAD FROM COMPREHENSIVE GENERAL
LIABILITY ENDORSEMENT.
2 o
Professional Liability: Professional Liability, Errors
and Omissions coverage. In the event that services
delivered pursuant to this Agreement either directly or
indirectly involve or require professional services,
Professional Liability, Errors and Omissions coverage
shall be provide. "Professional Services", for the
purpose of this Agreement section shall mean any
services provided by a licensed professional.
3 o
Automobile Liability: Insurance Services Office form
number (CA O0 01 Ed. 12-90) covering ~
~Q~V~, symbol 1 "any auto"; or the combination of
symbols 2, 8, and 9.
Worker's Compensation: Worker's Compensation coverage
as required by the Industrial Insurance Act of the
State of Washington, as well as any similar coverage
required for this work by applicable Federal or "Other
States" State Law.
CNTRCT9 5. AUB
9
Employers Liability or "STOP GAP": The protection
provided by the Workers Compensation policy Part 2 ~
(Employers Liability) or, in states with monopolistic
state funds, the protection provided by the "Stop Gap"
endorsement to the General Liability policy.
Pollution Liability - Collection Facilities/
Transportation Modes/Disposal Facilities: As a result
of the handling of wastes in the performance of this
Agreement, the City shall procure and maintain, or, by
the date of execution of contracts with any
Subcontractors, cause its Subcontractors to procure and
maintain, pollution liability insurance to cover
exposure resulting from such action.
Coverage shall be at least as broad as ISO Form CG0039
with exclusion (f) deleted (if such deletion is
available through the City's insurance carrier),
attached and incorporated by reference into this
Agreement as Exhibit A.
Minimum Limits of Insurancn.
~no less than, for:
the City shall maintain limits
General Liability: ~ combined single limit
per $ amount occurrence for bodily injury, personal
injury and property damage, and for those policies with
aggregate limits, a ~ aggregate limit·
Professional LiabilitY, Errors and Omissions:
Automobile Liability: The greater of (a) ~
combined single limit per accident for bodily injury
and property damage, or (b) the applicable limit as
.required by the Washington State Utilities and
TransPortation Commission.
Worker's Compensation: Statutory requirements of the
State of residency.
Employers liability or "Stop Gap" coverage:
6. Pollution Liability: ~kQ-Q-~/occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to, and approved
by, the County. The deductible and/or self-insured
retention of the policies shall not limit or apply to the
City's liability to the County and shall be the sole
responsibility of the City.
Other Insurance Provisions. The .insurance policies required
in this Agreement are to contain, or be endorsed to contain,
the following provisions:
CNTRCT95. AUB
10
1. General Liability Policy:
ao
The County, its officers, officials, employees and
agents are to be covered as additional insureds as
respects: Liability arising out of activities
performed by or on behalf of the City in
connection with this Agreement.
To the extent of the City's negligence,~ the City's
insurance coverage shall be primary insurance as
respects the County, its officers, officials,
employees and agents. Any insurance and/or self-
insurance maintained by the County, its officers,
officials, employees or agents shall not
contribute with the City's insurance or benefit
the City in any way.
The City's insurance shall apply separately to
each insured against whom a claim is made and/or
lawsuit is brought, except with respect to the
limits of the insurer's liability.
Ail policies: Coverage shall not be suspended, voided,
cancelled, reduced in coverage or in limits, except by
the reduction of the applicable aggregate limit by
claims paid, until after forty-five (45) days prior
written notice has been given to the County.
Acceptability of Insurers. 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' rating of B+:VII. Any
exceptions must be approved by the County.
If at any time of the foregoing policies shall be or become
unsatisfactory to the County, as to form or substance, or if
a company issuing any such policy shall be or become
unsatisfactory to the County, the City shall, upon notice to
that effect from the County, promptly obtain a new policy,
and shall submit the same to the County, with the
appropriate certificates and endorsements, for approval.
Verification of Coverage. The City shall furnish the County
with certificates of insurance and endorsements required by
this Agreement. 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 and are to be received
and approved by the County prior to the commencement of
activities associated with the Agreement. The County
reserves the right to require complete, certified copies of
all required insurance policies at any time.
CNTRCT95 .AUB
11
· ~. The City shall include all Subcontractors'
as insureds under its policies, and/or shall furnish ' ~
separate certificates of insurance and policy endorsements
for each Subcontractor. Insurance coverages provided by
Subcontractors as evidence of compliance with the insurance
r qulrements of this Agreement shall be subject to all of
the requirements stated herein.
CNTRCT9 5. AUB
12