HomeMy WebLinkAbout5576ORDINANCE NO. 5 5 7 6.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, APPROVING ACCEPTANCE OF GRANT FUNDS
FROM THE SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC
HEALTH/EMERGENCY MEDICAL SERVICES DIVISION, IN AN AMOUNT
NOT TO EXCEED ONE THOUSAND DOLLARS, ($1,000.00), AND
AUTHORIZING EXECUTION OF CONTRACT NO. D29285D APPROVING
THE APPROPRIATION AND EXPENDITURE OF SAID GRANT FUNDS.
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
WHEREAS, the City of Auburn desires to accept the ONE THOUSAND
DOLLARS ($1,000.00) which is for the purpose of providing CPR training to the
citizens of the community; and
WHEREAS, the funding will be utilized to offset the cost of associated
CPR training equipment and CPR training literature; and
WHEREAS, the grant is used for a public purpose and in the best
interest of the citizens of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. Pursuant to Chapter 35A.33 RCW the City
Council hereby approves the acceptance of the King County Department of
Public Health/Emergency Medical Services Divisions grant funds in the amount
of ONE THOUSAND DOLLARS ($1,000.00), and authorizes the appropriation
and expenditures of these grant fund.
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Ordinance No. 5576
August 1, 2001
Page 1
Section 2. The City Council hereby authorizes the execution of
Contract No. D29285D, between the Seattle-King County Department of Public
Health/Emergency Medical Services Division and the City of Auburn. A copy of
said Contract is attached hereto as Exhibit "1" and is incorporated herein by
this reference.
Section 3. The City shall use the funds for the purpose of providing
CPR training to the citizens of the community as provided by the Seattle-King
County Department of Public Health/Emergency Medical Services Division
pursuant to Contract Number D29285D.
Section 4. Implementation The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 5. Effective date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as
provided by law.
INTRODUCED: August 6, 2001
PASSED: August 6, 2001
APPROVED: August 6, 2001
CHARLES A. BOOTH
MAYOR
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Ordinance No. 5576
August 1, 2001
Page 2
ATTEST:
Dani lle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. ft-eynolds-'-'
City Attorney
Published: F-16-C) '
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Ordinance No. 5576
August 1, 2001
Page 3
King County Contract No. D29285D
Federal Taxpayer ID No. 91-6001228
Department/Division Seattle-King County Department of Public Health/Emergency Medical
Services Division
Agency Auburn Fire Department
Project Title CPR Training Program
Contract Amount $ 1,000
_ Contract Period From: January 1, 2001
Fund Code Real Prop. Tazes
TO December 31, 2001 HING COUNTY AGENCY SERVICES CONTRACT - EMERGENCY MEDICAL SERVICES - 2001
THIS CONTRACT is entered into by KING COLJNTY (the "County"), and Auburn Fire Department,
whose address is 1101 D Street NE, Auburn, WA 98002 (the "Agency").
WHEREAS, the County has been advised that the following are the current funding sources, funding levels
and effective dates:
FU'NDING SOURCES
FUNDING LEVELS
EFFECTIVE DATES
Real Property Taxes
$1,000.00
1/1/01-12/31/Ol
and
WHEREAS, the County desires to have certain services performed by the Agency as described in this
Contract, and as authorized by Ordinance No. 14018.
NOW TBEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be
made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
I. SCOPE OF SERVICES
The Agency shall provide services and comply with the requirements set forth hereinafter and in the
following attached exhibits which are incorporated herein by reference:
X Student CPR TraininQ Progam Guidelines
X Progam Plan and OMrating Budget
-~AX Invoice and Budget Summarv
X CPR Instructor Reporting Form
X Certificate of Insurance
Ordinance NO. 5 5 7 6
Exhibit "1"
AG SERVICES - EMS 2001
Attached hereto as Exhibit A
Attached hereto as Exhibit B-1 & 2
Attached hereto as Exhibit C
Attached hereto as Exhibit D
Attached hereto as Exhibit E
Auburn Fire DepartmentO1:D292851)
U. DURATION OF CONTRACT
This Contract shall commence on the lst day of January 2001 and shall terminate on the 31st day
of December 2001, unless extended or terminated earlier, pursuant to the terms and conditions of
the Contract.
M. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the agency for satisfactory completion of the services and
requirements specified in this Contract, payable in the following manner:
Upon receipt of the invoice as set forth in Exhibit C which complies with the bndget set
forth in Eahibit B-1, 2.
B. The Agency shall submit an invoice and all accompanying reports as specified in the attached .
exhibits not more than 15 working days after the close of each indicated reporting period. The .
County will initiate authorization for payment after approval of conected invoices and reports.
The County shall make payment to the Agency not more than forty-five (45) days after the
appropriate invoice is received.
C. The Agency shall submit its final invoice and all outstanding reports within 15 days of the date
this Contract terminates. If the Agency's fmal invoice and reports are not submitted by the day
specified in this subsection, the County will be relieved of all liability for gayment to the
Agency of the amounts set forth in said invoice or any subsequent invoice.
IV. OPERATING BUDGET
When a budget is attached hereto as an exhibit, the Agency shall apply the funds received from the
County under this Contract in accordance with said budget. The Contract may contain separate
budgets for separate program components.
The Agency shall request prior approval from the County for amendment to this Contract when the
cumulative amount of transfers among the line items within each funding source's program budget
is expected, by the end of the Contract period, to exceed 10°/a of the Contract amount for that
program budget.
"Cumulative transfers" shall be defined as the total amount of over-expenditures of individual line
items within a specific program budget; the total amount for said specific program budget remaining
unchanged. Supporting documents necessary to explain fully the nature and purpose of the
amendment must accompany each reyuest for an amendment. "
V. INTERNAL CONTROL AND ACCOUNMG SYSTEM
-1c
The Agency shall establish and maintain a system of accounting and.internal controls which
complies with applicable, generally accepted accounting principles, and governmental accounting
and fmancial reporting standards.
AG SERVICES - EMS 2001 2 Aubum Fire DepartmentOt.D292851)
VL MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including personnel, property, financial, 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. 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 o€the Archivist in accordance with Revised
Code of Washington (RCV) Chapter 40.14.
C. The Agency shall inform the County in writing of the location, if different from the Agency
address listed on page one of this Contract, of the aforesaid books, records, documents, and
other evidence and shall notify the County in writing of any changes in location within ten (10)
working days of any such relocation.
VIi. EVALUATIONS AND INSPECTIONS
A. The Agency 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 Agency in the case of fiscal audits to be conducted by the County.
B. The records and documents with respect to all matters covered by this Contract shall be subject
at all times to inspection, review, or audit by the County and/or federaUstate 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.
C. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's
performance under this Contract and to make available all information reasonably required by
any such evaluation process. The results and records of said evaluations shall be maintained
and disclosed in accordance with RCW Chapter 42.17.
VIII. CORRECTIVE ACTION
if the County determines that a breach of Contract has occurred, that is, the Agency has failed to
comply with any terms or conditions of this Contract or the Agency has failed to provide in any
manner the work or services agreed to herein, and if the County deems said breach to warrant
conective action, the following sequential procedure will apply:
A. The County will notify the Agency in writing of the nature of the breach;
B. The Agency 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 specified
~ deficiencies. The conective action plan shall specify the proposed completion date for
bringing the Contract into compliance, which date shall not be more than ten (10) days from the
date of the Agency's response, unless the County, at its sole discretion, specifies in writing an
extension in the number of days to complete the corrective actions;
C. The County will notify the Agency in writing of the County's determination as.to the
sufficiency of the Agency's corrective action plan. The determination of sufficiency of the
Agency's corrective action plan shall be at the sole discretion of the County;
AG SERVICES - EMS 2001 W 3 Aubum Fire DepartmentO1.D29285D
D. In the event that the Agency does not respond within the appropriate time with a corrective
action plan, or the Agency's corrective action plan is determined by the County to be
insufficient, the County may commence termination of this Contract in whole or in part
pursuant to Section X.B;
IX.
E. In addition, the County may withhold any payment owed the Agency or prohibit the Agency
from incurring additional obligations of funds until the County is satisfied that corrective action
has been taken or completed; and
F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section X, Subsections A, B, C, D, and E.
A. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to tlus Contract without the written consent of the County. Said
consent must be sought in writing by the Agency not less than fifteen (15) days prior to the date
of any proposed assignment.
B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or between
subcontractors that is based on this Contract, vrovided that the term "subcontracY" does not
include the purchase of (1) support services not related to the subject matter of this Contract, or
(2) supplies.
X. TERMINATION
A. This Contract may be terminated by the County without cause, in whole or in part, prior to the
date specified in Section II, by providing the Agency thirty (30) days advance written notice of
the termination.
B. The County may terminate this Contract, in whole or in part, upon seven (7) days advance
written notice in the event: (1) the Agency materially 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 Contract is terminated by the County pursuant to this Subsection X.B.(1)., the Agency
shall be liable for damages, including any additional costs of procurement of similaz services
from another source.
If the termination results from acts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency
shall retum to the County immediately any funds, misappropriated or unexpended, which have
been paid to the Agency by the County.
- tis
C. If expected or actual funding is withdrawn, reduced, or lunited in any way prior to the
termination date set forth above in Section II, the County may, upon written notification to the
Agency, terminate this Contract in whole or in part.
If the Contract is terminated as provided in this Subsection: (1) the County will 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 Agency shall be released from any obligation to
provide such further services pursuant to the Contract as are affected by the termination.
AG SERVICES - EMS 2001 4 Auburn Fire Department.01.1329285D
Funding or obligation under this Contract beyond the current appropriation year are conditional
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
close of the current appropriation year. D. The Agency may terminate this Contract upon seven (7) days written notice, should the County
commit any material breach of this Contract.
E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract
or law that either party may have in the event that the obligations, teims, and conditions set
forth in this Contract are breached by the other party.
M. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted herein except as expressly set forth in this
Contract.
XII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Agency is an independent Contractor, and neither
it nor its officers, agents, or employees are employees of the County for any purpose. The
Agency shall be responsible 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 claun of career service or civil service rights which may accrue to a County
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 Agency, its employees, and/or others by reason of this Contract.
The Agency shall protect, indemnify, and save harmless the County, their officers, agents, and
employees from and against any and all claims, costs, and/or losses whatsoever occurring or
resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes,
and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency
employees or other suppliers in connection with or support of the performance of this Contract.
B. The Agency further agrees that it is fmancially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional
act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its
officers, employees, agents, and/or representatives. 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 Termination section.
~ C. The Agency shall protect, defend, indemnify, and save harnaless the 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 resulting from, the negligent acts or omissions of the Agency, its
officers, employees, and/or agents in the performance of their obligations under this contract.
The Agency 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, the Agency, by mutual negotiation, hereby waives, as respects the County only, any
immunity that would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost
AG SERVICES - EMS 2001 W 5 Aubum Fire DepaRment.01.D292851)
arising therefrom including attorneys' fees to enforce the provisions of this article, all such
fees, expenses, and costs shall be recoverable from the Agency.
The County shall protect, defend, indemnify, and save harmless the Agency, its officers,
employees, and agents from any and all costs, claims, judgments, and/or awards of damages,
arising out of, or in any way resulting from, the negligent acts or omissions of the County, its
officers, employees, ar agents in the performance of their obligations under this contract in the
performance of their obligations under this contract. The County 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, the County, by mutual negotiation,
hereby waives, as respects the Agency only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the
Agency incurs any judgment, award, and/or cost arising therefrom including attomeys' fees to
enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
from the County.
Claims shall include, but not be limited to, assertions that use or transfer of software, book,
document, report, film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or
otherwise results in unfair trade practice.
Nothing contained within tlus provision shall affect and/or alter the application of any other
provision contained within this agreement.
XIII. INSURANCE REOUIItEMENTS
A. By the date of execution of this Contract, the Agency shall 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 Agency, its agents, representatives, employees, and/or subcontractors. The costs of such
insurance shall be paid by the Agency or subcontractor. The Agency may furnish separate
certificates of insurance and policy endorsements for each subcontractor as evidence of
compliance with the insurance requirements of this Contract.
For All Coverages: Each insurance policy shall be written on an "occurrence" 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 Agency 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 Contract termination, and/or conversion from a"claims made" form to an "occurrence"
coverage form.
By requiring such minimum insurance, the County shall not be deemed or construed to have
~ assessed the risks that may be applicable to the Agency under this Contract. The Agency shall
assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or
broader coverage. Notlung contained within these insurance requirements shall be deemed xo limit the scope,
application and/or limits of the coverage afforded, 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 alter the application of any other provision contained within
this Agreement.
AG SERVICES - EMS 2001 6 Aubum F'ue DepaRment.01.D29285D
B. Minimum Scope of Insurance
Coverage shall be at least as bmad as:
1. General Liability:
Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL
GENERAL LIABILITYI.
2. Professional Liability:
Professional Liability, Errors, and Omissions coverage. In the event that services delivered
pursuant to this Contract either directly or indirectly involve or require professional
services, Professional Liability, Errors, and Omissions coverage shall be provided. .
"Professional Services", for the purpose of this Contract section, shall mean any services
provided by a licensed professional.
3. Automobile Liability:
In the event that services delivered pursuant to this Contract involve the transportation of
clients by Agency personnel in Agency-owned vehicles or non-owned vehicles, the Agency
shall provide evidence of the appropriate automobile coverage.
Insurance Services Off'ice form number (CA 00 0 1 Ed. 12-90) coveringBUSINESS AUTO
COVERAGE, symbol 1"any auto"; or the appropriate coverage provided by symbols 2, 7,
8, or 9.
4. Workers' CompensaUon:
Workers' 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. C. Minimum Limits of Insurance
The Agency shall maintain limits no. less than, for:
1. General Liability: 1 Million combined single limit per occurrence by bodily injury,
personal injury, and property damage, and for those policies with aggregate limits, a
2 Million aggregate limit.
2. Professinnal Liability, Errors, and Omissions: 1 Million.
~
3. Automobile Liability: 1 Milli on combined single limit per accident for bodily injury and
pioperty damage.
4. Workers' Compensation: Statutory requirements of the state Af residency
D. Deductibles and Self-Insured Retentions
AG SERVICES - EMS 2001 w 7 Aubum Fire Department.Oi.D292851)
Any deductibles or self-insured retentions must be declared to, and approved by, the County.
The deductifile and/or self-insured retention of the policies shall not apply to the Agency's
liability to the County and shall be the sole responsibility of the Agency.
E. - Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to contain, the
following provisions:
1. General Liability Policies
a. 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 Agency in connection with this Contract.
b. To the extent of the Agency's negligence, the Agency'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 sha11 not contribute with the Agency's insurance or
benefit the Agency in any way.
c. The Agency's insurance shall apply separately to each insured against whom claim is
made and/or lawsuit is brought, except with respect to the limits of the insurer's
liability.
2. All Policies
Coverage shall not be suspended, voided, canceled, 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.
F. 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 $ests' surplus size VIII.
Professional Liability, Enors, and Omissions insurance may be placed with insurers with a
$ests' rating of B+VII. Any exception must be approved by King County.
If, at any time, 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 Agency shall, upon notice to that effect from the County, promptly ohtain a
new policy, and shall submit the same to the County, with appropriate certificates and
endorsements, for approval.
G. Verification of Covera~e
The Agency shall furnish the County with certificates of insurance and endorsements required
by this 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
AG SERVICES - EMS 2001 g
Aubum Fire DepartmentO1.D29285D
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.
H. Subcontractors
The Agency shall include all subcontractors as insureds under its policies or shall furnish
separate certificates of insurance and policy endorsements from each subcontractor. Insurance
coverages provided by subcontractors as evidence of compliance with the insurance
requirements of this Contract shall be subject to all of the requirements stated herein.
i or State Agencv Provisions
I. Municipa
If the Agency is a 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.
XIV. NONDISCRIMINATION .
The Agency shall comply with all applicable federal, state and local laws regarding discrimination.
XV, NONDISCRIlVIINATION IN SUBCONTRACTING PRACTICES
A. In accordance with the provisions of Washington Initiative 200, no County Minority and
Women Business (M/WBE) utilization requirements shall apply to this Contract. No
minunum level of M/WBE subcontractor participation or purchase from M/WBE certified
vendors is required and no preference will be given by the County to a bidder or proposer
for their M/WBE utilization or M/WBE 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 Agency shall not create barriers to open and fair
opportunities for M/WBEs to participate in all County contracts and to obtain or compete
for contracts and subcontracts as sources of supplies, equipment, construction and services.
In considering offers from and doing business with subcontractors and suppliers, the Agency
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
otherwise qualified disabled person.
C. The Agency 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 M/WBEs
~c and other businesses as subcontractors and suppliers in this contract and in its overall public
. and private business activities. The Agency shall also maintain, until 12 months after
completion of all work under this contract, all written quotes, bids, estimates or proposals
submitted to the Contractor by all businesses seeking to participate in this Contract. The
Agency shall make such documents available to the County for inspection and copying upon
request. If this contract involves federal funds, Agency shall comply with all record keeping
requirements set forth in any federal rules, regulations or statutes included or referenced in
the contract documents.
AG SERVICFS - EMS 2001 w 9 Auburn Fire Department.01.D292851)
D. King County encourages the utilization of minority owned businesses ("MBEs") and
women-owned businesses ("WBEs")(collectively, "M/WBEs") in County contracts. The
County encourages the following practices to open competitive opportunities for M/WBEs:
• Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to
provide project information and to inform M/WBEs of contracting and
subcontracting opportunities.
• Placing all qualified small businesses attempting to do business in King County,
including M/WBFs, on solicitation iists, and providing written notice of
subcontracting opportunities to M/WBEs and all other small businesses capable of
performing the work, including without limitation all businesses on any list
provided by the County, in sufficient time to allow such businesses to respond to the
written solicitations.
• Breaking down total requirements into smaller tasks or quantities, where
economically feasible, in order to permit maximum participation by small
businesses including M/WBEs.
• Establishing delivery schedules, where the requirements of this contract permit, that
encourage participation by sma11 businesses, including M/WBEs.
• Providing M/WBEs that express interest with adequate and timely information
about plans, specifications, and requirements of the contract.
• Utilizing the services of available minority community organizations, minority
contractor groups, local minority assistance of~'ices, the County, and other
organizations that provide assistance in the recruitment and placement of M/WBEs.
E. Any violation of the mandatory requirements of the provisions of this Section shall be a
material breach of contract for which the Agency may be subject to damages and sanctions
provided for by contract and by applicable law.
XVI. CONFLICT OF INTEREST
A. The Agency covenants that no officer, employee, or agent of the County who exercises any
functions or responsibilities in connection with the planning and implementation of the
program funded herein, or any other person who presently exercises any functions or
responsibilities in connection with the planning and implementation of the program funded
herein shall have any personal fmancial interest, direct or indirect, in this Contract. The
Agency shall take appropriate steps to assure compliance with this provision.
B. If the Agency violates the provisions of Subsection XIX.A., the County will not be liable for
payment of services rendered pursuant to this Contract. Violation of this Section shall
constitute a substantial breach of this Contract and grounds for termination pursuant to Section
X. above, as well as any other right or remedy provided in this Contract or law.
XVII. POLITICAL ACTIVITY PROHIBTTED
None of the funds, materials, property, or services provided directly or indirectly under this Contract
shall be used for any partisan political activity or to further the election or defeat of any candidate
for public office.
XVIII. EQUIPMENT PURCHASE, MAllVTENANCE. AND OWNERSAIP
AG SERVICES - EMS 2001 - 10 Aubum Fire Department01.D29285D
A. The Agency agrees that any equipment purchases, in whole or in part, with Contract funds at a
cost of $1,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or
federaUstate govemment.
B. The Agency shall be responsible for all such property, including the proper care and
maintenance of the equipment.
C. The Agency will ensure that all such equipment will be retumed to the County or federallstate
government upon termination of this Contract unless otherwise agreed upon by the parties.
D. The Agency will admit County staff to the Agency's premises for the purpose of marking such
properiy with County property tags.
E. The Agency shall establish and maintain inventory records and tr ansaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contraet
funds.
XIX. NOTICES
Whenever this Conh-act provides for notice to be provided by one party to another, such notice shall
be:
A. In writing; and
B. Directed to the chief executive officer of the Agency and the director/manager of the County
department/division specified on page 1 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.
XX. PROPRIETARY RIGHTS
The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or
article should result from the work described herein, all rights accruing from such material or article
shall be the sole property of the Agency. The Agency agrees to and dces hereby grant to the
County, irrevocable, nonexclusive, and royalty-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 li.cense shall not apply to existing training materials, consulting aids, checklists, and other
materials and documents of the Agency which are modified for use in the performance of this
Contract.
XXI. CON1'i2ACT AMENDMENTS
~ Either party may request changes to this Contract. Proposed changes which are mutually agreed
upon shall be incorporated by written amendments to this Contract.
XXII. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of
each document printed on recycled paper bears an imprint identifying it as recycled paper.
AG SERVICES - EMS 2001 Aubum Fire Depactment.01.D29285D
If the cost of recycled paper is more than 15% higher than the cost of non-recycled paper, the
Agency may notify the Contract Administrator, who may waive the recycled paper requirement.
The Agency -shall use both sides of paper sheets for copying and printing and shall use,
recycled/recyclable products wherever practical in the fulfillment of this Contract. 7OIII. ENTIIZE CONTRACT/WAIVER 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 time 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 any subseqnent default. Waiver of beach 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 modification of the terms of the Contract unless stated to be such
through written approval bq the County, which shall be attached to the original Contract.
--te
AG SERVICES - EMS 2001 12
Aubum Fire Departrnenia 1.D29285D
WA CITIES INSURANCE Fax:4252777242 Aug 7 2001 15:12 P.01
Renton, WA 98057
07-Aug-01 Cert#: 2354
Seattle-King Co. Dept of Health/Emerg. Medical Serv. Div.
Atm: Gloria Kemp-Boyd, Gtants Contract Specialist
999 Third Ave, Suite 1200
Scattle,WA 98104-4039
RE: City of Auburn
CPR Training for Auburn Fire Department, for year 2001.
contract #D29285D.
Evidence of Coverage
T'hUrie' 425•277-7237
rax:425•Z77-7t42
'~o6
'
The above captioned entity is a membcr of the Washington Cities Insurance Authority
(WCIA), which is a self insured pool of ovet 99 municipal corparations in the State of
Washi,ngtori.
WCIA has at leaat $1 million per occurrenec combined single limit of liability eoverage
in its sclf insurcd layer that may be applicable in the ovent an incident occurs that is
deemed to be attributcd to thc nogligence of the member.
WCIA is an Interlocal Agreement among municipalities and liability is completely sclf
futaded by the membership. As thci'e is no inaurance policy involved arxd WCIA is not
an insurance company, your organization eatmot bc named as an "additional insured.
~
Sincenty,
~
Eric B. Larson
Assistant Dircctor
cc: Brenda Heineman
Dani Daskam, City Clerk's Office
clctter
IrisuranCe Autnority KU. OoX 1LUD
,
Peter B. Lewis
Mayor
Jeanne Barber
Mayor Pro Tem
Trish Borden
Councilmember
Stacey Brothers `
Councilmember
Gene Cerino
Councilrnember
Fred Poe
Councilmember
Sue Singer
Councilmember'
Rich Wagner
Councilmember
Mayor's Office
253:931.304 i
Finance
253.931.3033
Parks & Recreation
253.931.3043 '
Public Works
253.931.3010
City Attorney
253.9313030
City Clerk
253.931:3039
Huinan Resources
253:931.3040
Planning & Cominunity°
Developinent 253.931:3090
Police
253.9313080
~ ~ ,4WWW
25 W MAIN ST
April 16, 2002
* AUBURN. WA * 98001-4998
Ms. Gloria Kemp-Boyd
Grants and Contracts Specialist
Seattle-King County Public Health
999 Third Avenue, Ste 1200
Seattle WA 98104-4039
Dear Ms. Kemp-Boyd:
Enclosed are three originals of the Amendment to Contract No. D29285D
with the City of Auburn Fire Department for a CPR Training Program.
The Contract Amendments have been executed by the City and now
require approval by King County. Please return a fully executed original
Contract Amendment to the Office of the City Clerk, City of Auburn, 25
West Main Street, Auburn, WA, 98001.
Thank you for your assistance.
Sincerely,
,k
Danielle Daskam
City Clerk
Enclosures
cc: Fire Chief Bob Johnson
~
. ,
~z~ 5~7~
Fire
253.931.3060
CONTRACT AMENDMENT
PROJECT NAME CPR Training Program
AGENCY/CONTRACTOR Auburn Fire Department
ADDRESS 1101 D Street NE
Auburn, WA 98002
Page 1 of 2 Pages
CONTRACT NO. D29285D
DATE ENTERED 1/1/01
AMENDMENT NO. 1
DATE ENTERED 1/1/02
1. AMEND Contract Amount $1,000.00
TO READ $2.000.00.
2. AMEND Contract Period From: January l, 2001 TO December 31, 2001
TO READ From: January 1, 2001 TO December 31, 2002
3. Amend "funding block" to appear as follows:
FUNDING SOURCES
FUNDING LEVELS
EFFECTIVE DATES
Real Property Taxes
$1,000.00
1/1 /O 1- 12/31 /O 1
Real Property Taxes
$1,000.00
1/1/02 -12/31/02
TOTAL
$2,000.00
1/1/01 to 12/31/02
4. AMEND Section II. DURATION OF CONTRACT
...and shall terminate on the 31S` day of December 2001...
TO READ ...and shall terminate on the 31S` day of December 2002...
5. Exhibit F, Annual CPR Funding Allocation, shall be added to the Contract as attached hereto.
All other terms and conditions of the original Contract shall remain unchanged.
IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the
date first written.
K1NG COUNTY, WASHINGTON
By
Title Countv Executive
Date
f*-
CPR Training Amendment 1
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XXIV. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44,
69.54, 70.02, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code
of Washington, rules and regulations promulgated thereunder; the Basic Interagency Contract
between the Department of Social and Health Services and King County, as amended, and
regulations of the state and federal governments, as applicable, which control disposition of funds
granted under this Contract, all of which are incorporated herein by reference.
In the event that there is a conflict between 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.
KING COUNTY:
FOR (16& I - ?p O CJ
King County Executive Signature
Charles A. Booth
Date Name (Please type or print)
August 6, 2001
Date
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
December 11, 2000
AG SERVICES - EMS 2001 `0 13 Auburn Fire Department.01.1)29285D
EXHIBIT A
ICING COUNTY EMERGENCY MEDICAL SERVICES DIVISION
STUDENT CARDIPULMONARY RESUSCITATION (CPR)
TRAINING PROGRAM
PROGRAM GUIDELINES
1. PURPOSE
The purpose of this agreement is to establish a program to train 6 h Grade, Junior
and Senior High School students in cardiopulmonary resuscitation. All classes
must follow American Heart Association curriculum.
H. ELIGIBLE EXPENDITURES
A. Payment of instructor fees to certified CPR Instructors at the rate of
$72.00 for the standard three-hour course or $24.00 for one hour of a
standard three-hour course, but not to exceed $72.00 for any one class.
B. Payment for the hiring of substitute teachers while regular school district
teachers attend a 16-hour King County sponsored CPR Instructor course
or an eight-hour Renewal course.
C. Payment for the purchase of approved equipment or materials to be used
in CPR training of students. All equipment items to be purchased must be
itemized on Exhibit B when the contract is submitted to the'County for
approval. If any changes through out the year are more than a 10%. charge
you must notify the Emergency Medical Services program coordinator. A
list of equipment actually purchased must accompany Exhibit C when
requesting reimbursement.
III. AGENCY RESPONSIBILITIES
A. The Agency shall appoint an employee to serve as the Area Coordinator
for each school district or fire department for implementation of the CPR
Program and monitoring the expenditure of budgeted funds.
B. The agency shall seek the assistance of additional CPR instructors to
provide CPR training to students, if additional instructors beyond the
school district teachers are needed. Fire department or other personnel
shall be utilized in the following manner:
1. Off-duty fire department personnel. or other CPR Instructors may
be reimbursed as `specified in Section II A, or.
H:\2001 Contracts\EMS - CPR\StudCPRTrainProgExhibitA.doc
Revised 04/27/01
-1-
2. On-duty fire department personnel may be used as instructors and
observers/assistants to monitor and assist teachers providing CPR
instruction. "On-du " fire department personnel shall not be
reimbursed under the terms of this agreement.
C. The agency shall recruit teachers to become CPR Instructors. All teachers
scheduled to attend an instructor workshop must complete a basic 3 hour
CPR class prior to the workshop.
D. The agency shall assure that all pre-class materials provided by the EMS
Division for Instructor workshops are distributed to teachers scheduled to
attend, when requested.
E. The agency shall assure that all teachers and fire department personnel
trained shall in turn train a minimum of two student CPR classes within
two (2) years following certification as instructors for CPR.
F. The agency shall assure that all teachers instructing CPR classes will
complete the EMS Division Instructor Reporting Form (Exhibit D). The
agency will in turn submit these to the EMS Division with each quarterly
report (Exhibit C) four times each year (March, June, September and
December).
G. The agency shall make facilities available for CPR instructor workshops
when appropriate.
A. The agency shall comply fully with the terms of this agreement.
IV. KING COUNTY RESPONSIBILITIES
A. King County shall reimburse the school district for services provided in
accordance with this contract.
B. King county shall provide the following items in conjunction with
training teachers to become CPR instructors.,
1. The appropriate number of instructor to student ratio as required by
the American Heart Association.
2. The Teachers and Fire Department personnel shall receive the
American Heart Association Manuals and other needed class
materials no later than two weeks prior to the course they are
signed up to attend.
3. Assist in providing audio visual equipment and training
mannequins as needed when not available through the local school
district and fire department.
HA2001 Contracts\EMS - CPR\.StudCPRTrainProgExhibitA.doc
Revised 04/27/01
-2-
EXHIBTT B-1
KING COUNTY EMERGENCY MEDICAL SERVICES DIVISION
STUDENT CARDIOPULMONARY RESUSCITATION (CPR)
TRAINING PROGRAM
PROGRAM PLAN AND OPERATING BUDGET
School District
Number of Students to be trained: .
Instructor Fees:
Teacher Training:
Anticipated cost of Substitute Teacher/Day:
Materials & Equipment Total:
List Materials & Equipment:
GAKEMP02001 ContractAEMS - CPR\StudCPRTrainProgExhibitBl.doc
04/27/01
OPERATING BUDGET: (Beginning Total).
EXHIBIT B-2
KING COUNTY EMERGENCY MEDICAL SERVICES DIVISION
STUDENT CARDIOPULMONARY RESUSCITATION (CPR)
TRAINING PROGRAM
PROGRAM PLAN AND OPERATING BUDGET
Fire Department
Number of Students to be trained:
GAKEWG\2001 ContractsTMS - CPR\.StudCPRTrainProgExhibitB2.doc
04/27/01
OPERATING BUDGET: (Beginning Total)
EXHIBTT C
KING COUNTY EMERGENCY MEDICAL SERVICES DIVISION
STUDENT CARDIOPULMONARY RESUSCITATION (CPR) TRAINING PROGRAM
INVOICE AND BUDGET SUMMARY - 2001
SCHOOL DISTRICT
ADDRESS
CITY STATE ZIP
DATE
CONTRACT#
CER"ffFICATION FOR PAYMENT
I, the undersigned, do hereby certify that the materials have been furnished, the services rendered or the labor performed
as described herein, and that the claim is a just, due and unpaid obligation against the County of King, and that I am
authorized to authenticate and certify to said claim.
Date
Approved by:
C:\WINDOWS\TEMP\StudCPRTrainProgExhibitC.doc
04/30/01
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