HomeMy WebLinkAboutITEM VIII-B-2CITY OF _ -AUBURN AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Acceptance of King County Contract partially funding
Date: February 24, 2009
the Olympic Leadership Academ
Department: Parks, Arts and
Attachments: Resolution No. 4458
Budget Impact:
Recreation
and Kin Count Contract D39051 D
Administrative Recommendation:
City Council adopt Resolution No. 4458.
Background Summary:
King County Contract D39051 D, a Safe Communities Grant, is a renewal of an agreement between the
Seattle-King County Department of Public Health and the City of Auburn for the Olympic Leadership
Academy (OLA) program at Olympic Middle School. The program, now in its 5`" year, has been funded in
part by this grant for the past two years. The grant is for $50,000 and is offered in partnership with the
Auburn School District. The program serves 50-60 students each day with the expressed intent to
provide youth - predominately Latino youth who are at high risk of academic failure - a supportive school
environment that helps them achieve academic and personal success measured by improvements in
school performance, attendance, and a decrease in disciplinary action for delinquent activities. A
supervised recreational opportunity and an academic component are the two primary parts of the
program each day.
R-0316-1
01.3, F5.3
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ® Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ® Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other Museum Board
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman
Staff: Faber
Meeting Date: March 16, 2009
Item Number: VIII.6.2
AUBUM * MORE THAN YOU IMAGINED
RESOLUTION NO. 4 4 5 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING ACCEPTANCE OF A
KING COUNTY GRANT IN THE AMOUNT OF FIFTY THOUSAND
DOLLARS ($50,000) IN SUPPORT OF THE OLYMPIC LEADERSHIP
ACADEMY PROGRAM
WHEREAS, King County is the manager of Safe Communities Grant program
supporting partnerships with local communities; and
WHEREAS, King County desires to have certain services performed by the
Contractor as described in this Contract, attached hereto, designated as Exhibit "A",
and incorporated by reference in this Resolution; and
WHEREAS, the City of Auburn is a public agency with an afterschool program
intent on providing at-risk youth a supportive school environment that gives them an
opportunity to improve their chances of academic and personal success; and
WHEREAS, the program is now in its fifth successful year and provides service
to 50 - 60 youth daily;
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES THAT:
Section 1. The Mayor is authorized to enter into a contract with King County to
accept the Safe Communities Grant funds, in substantial conformity with the contract
attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 2. Any funding assistance received shall be used for implementation
of the project referenced above.
Section 3. This resolution shall take effect and be in full force upon passage
and signatures hereon.
Resolution No. 4458
February 24, 2009
Page 1 of 2
SIGNED and DATED this day of March, 2009.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Resolution No. 4458
February 24, 2009
Page 2 of 2
sC
APAR
CONTRACT # D39051 D
EXHIBIT A-1
EXHIBIT A
PROJECT STATEMENT OF WORK, DESCRIPTION, & REQUIREMENTS
Safe Communities
Olympic Leadership Academy
City of Auburn Parks, Art and Recreation Department
Contract Period 1/1/09 -12/31/09
1. STATEMENT OF WORK
The Agency shall provide a youth leadership project in accordance with the terms and
conditions described herewith. The total amount of reimbursement pursuant to this
Exhibit shall not exceed $50,000 for the period of January 1, 2009 through December 31,
2009.
II. PROGRAM DESCRIPTION
Safe Community programs are community collaborations based on proven and best
practice programs designed to prevent recidivism or entry into the juvenile justice system.
Services are multi-faceted and targeted to meet the specific needs of individual youth.
Services are designed to build on the assets and strengths of youth to maximize their
social and academic success in the transition from adolescence to early adulthood.
A. GOAL
The goal of Safe Communities programs is to mobilize all elements of the
community to work together for community safety and for opportunities for youth.
The program will assist communities in providing positive options and role models
for youth and in reducing youth crime, violence and involvement in the Juvenile
Justice System.
B. OUTCOMES
Youth participating in the Olympic' Leadership Academy (OLA) will experience the
following outcomes:
1. At least 75% of youth participating in the project will experience reduced rates
of recidivism and/or avoid contact with the juvenile justice system.
2. At least 75% of youth participating in the project will decrease their risk-taking
behavior
3. At least 70% of regular project participants will increase their participation in
school and extra-curricular activities
4. At least 45% of regular project participants will meet or surpass State
standards set for the students grade level in both reading and mathematics
5. At least 30% of project participants' parents will participate in the OLA program
activities and/or school activities and events.
6. At least 50% of regular project participants will incur fewer disciplinary actions
at school.
King County Contract D39051D
Exhibit A
Page 1 of 7
SC
APAR
CONTRACT # D39051 D
EXHIBIT A-2
C. OUTCOME LINKAGE TO COMMUNITIES COUNT 2008 REPORT
For the contract period of January 1, 2009 through December 31, 2009 the
Agency shall demonstrate a linkage between service outcomes listed above, and
at least two of the 38 social and health indicators listed in the Communities Count
2008 Report. Such linkage is sought to connect contracted Agency outcomes to a
clear, common, and measurable set of community-defined social and health
indicators.
The Agency's contracted service outcomes shall impact the following Communities
Count 2008 Social and Health Indicators as listed below:
1. Academic Achievement
Youth participating in the project will increase their school attendance and
academic achievement. The agency will collect and monitor grades and
attendance records as part of their data collection process.
2. Parent/Guardian Involvement in Childs Learning
Parents of project participants will increase their involvement in their child's
learning through increased involvement in school and OLA activities. Data will
be tracked through parent attendance at school and OLA activities.
D. OUTPUTS
1. 25 "at-risk" middle school youth receive 1 hour of academic skills building, 4
days a week.
2. 25 "at-risk" middle school youth receive 1 hour of youth development activities,
4 days a week.
3. Parents of children enrolled in the OLA will have access to volunteer
opportunities within the OLA including tutoring, leading activities and
preparation of culturally relevant snacks.
4. Parents will have access to the project family advocate for referrals to family
support services
5. Minimum Service Level
This Program shall serve a minimum of 25 youth each month for the months of
January-June and October-December. This is an unduplicated count. For the
months of July, August and September project staff shall be engaged in
planning and evaluation activities. During this time no youth will be served.
E. ACTIVITIES
1. Academic skills building that reinforces what is learned in the class and utilizes
curriculum adopted by the Auburn School District.
King County Contract D39051D
Exhibit A
Page 2 of 7
SC
APAR
CONTRACT # D39051 D
EXHIBIT A-3
2. Youth development activities that focus on socialization skills, youth
development and cultural enrichment along with observances and celebrations
of cultural customs, historical events, music and holidays.
3. Conduct pre and post tests of participant knowledge and behavior.
4. Coordination with parents of volunteer opportunities within the OLA.
5. Referrals of OLA Parents to collateral coritacts in the community for family
support services including Food and clothing, ESL classes, parenting
education and assistance, peer support groups).
6. Maintain partnerships with other community-based organizations for referrals
and service coordination.
7. Gather outcome evaluation data on project participants.
F. RESOURCES
Project Staff
■ 25 FT Project Director
■ .6 FTE Family Advocate
■ 3 .1 FTE Para Educators
■ 3 .1 FTE Recreational Aids
2. Partners
■ Auburn School District
■ Olympic Middle School
■ Centro De Amistad Latino
3. Funding
■ King County Children and Family Commission
■ Auburn School District
■ City of Auburn
■ 21St Century Schools
4. Matching Funds Requirement
At a minimum the Agency shall secure a 35%a match for the total cost of the
program. This match shall be from a funding source outside of King County
funders. Failure to comply with this requirement will result in termination of the
contract. In-kind contributions are not considered a cash match unless
negotiated with the County
III. COMPENSATION AND METHOD OF PAYMENT
The Agency shall be reimbursed monthly for 1/12 of the total amount specified in Section
1. Work Statement, of this Exhibit for the contract period subject to the following
conditions:
A. If the Agency provides at least 90% of the required monthly Minimum Service Level
specified in Section II.D.5, the County shall reimburse the Agency 100% of the
routine monthly reimbursement amount specifies above.
B. If for any given month the Agency provides less than 90% of the required monthly
performance standard specified above, the County will pay the routine monthly
reimbursement amount less the % below 90%.
King County Contract D39051D
Exhibit A
Page 3 of 7
SC
APAR
CONTRACT # D39051 D
EXHIBIT A-4
C. At the end of each calendar quarter, if the Agency meets or exceeds 90% of the
required contract cumulative service level, the County shall reimburse the Agency
the maximum allowable Year to Date reimbursement for that quarter.
IV. REPORTING, MONITORING, EVALUATION AND CULTURAL COMPETENCY
REQUIREMENTS
The Agency will maintain and make available to the County documentation
demonstrating accomplishments of all contractual requirements. Such documentation
may include, but is not limited to the following: (1) services/trainings/activities provided,
(2) date of services/trainings/activities, (3)# of hours, (4) names of participants, (5)
evaluation of services by participants (6) service logs (7) announcements
A. Monthly Reports
The Agency shall send monthly invoices (Exhibit B) within 10 working days after
the end of each calendar month.
In the event the agency does not meet the monthly reporting requirements or the
reports are not accurate and/or complete, the following process will be observed in
the event that the County withholds reimbursement pursuant to this provision:
The County will notify the Agency within 10 working days upon receipt of
the monthly reporting requirements verbally and in writing of the errors
and/or omissions in reporting and of the specific corrective action the
Agency must take. The County will return the reports to the Agency for
correction.
2. The County may withhold reimbursement due to the Agency for the month
for which the reporting requirements have not been met.
3. When the Agency has taken the required corrective action, the County shall
pay all withheld funds according to the County's routine schedule.
B. Mid-Year Report
The Mid-Year Report shall be included with-the June, 2009 monthly report. The
Report shall address the following:
1. Monthly Invoice
2. Narrative report addressing the extent to which the Goals, Outcomes,
Outcome Linkage to Communities Count 2008, Outputs, and Activities
(Section II) are being achieved to date.
King County Contract 1339UMD
Exhibit A
Page 4 of 7
SC
APAR
CONTRACT # D39051 D
EXHIBIT A-5
C. Final Program Report
The Agency shall submit a Final Program Report which will be included with the
final (December, 2009) invoice. The Final Program Report shall include the
following information:
Monthly Invoice
2. Narrative report addressing the extent to which the Goals, Outcomes,
Outcome Linkage to Communities Count 2008, Outputs, and Activities
(Section II) are being achieved to date.
D. Monitoring Requirements
The Agency shall cooperate with a scheduled site visit conducted to determine
contract compliance and program assessment. Additional site visits for follow-up
or verification of reports may be made.
E. Evaluation
The Agency shall cooperate with the County or designee, in designing and
conducting an evaluation of the program. The Agency shall cooperate with the
County or designee in an evaluation assessment for the program during 2009.
F. Cultural Competency
Agency staff shall participate with the County or designee in the development and
implementation of culturally competency guidelines.
King County Contract D39051D
Exhibit A
Page 5 of 7
SC
APAR
CONTRACT # D39051 D
Exhibit 8
Exhibit B
Invoice
Safe Communities
Olympic Leadership Academy
City of Auburn Parks, Art and Recreation Department
910 9th Street SE
Auburn, WA 98002
Contract Period 1/1/09-12/31/09
TO: Seattle-King County Department of Public Health
King County Children and Family Commission
Attn: Jim Ott
401 5th Avenue, Suite 1300
Seattle, WA 98104
In performance of a signed contract, I certify the following services have been provided
for the period through
and request reimbursement for the amount indicated below.
Printed Name Signature Date
Expenditure Item
Program
Current
Accumulated
Balance
Budget
Expenditure
Expenditure
Olympic
Leadership
$50,000.00
Academy
Total
$50,000.00
FOR HEALTH DEPARTMENT USE ONLY
Suffix
Project
Expense Acct
Budget
Current Expense to be
Paid
Year to Date
Paid
A
8015/H00140
53180
$50,000.00
Approved:
Children and Family Commission Program Manager Date
King County Contract D39051D
Exhibit A
Page 6 of 7
EXHIBIT C
Mission, Method, and Expectations
Public Health Program Activities Provided by Community Partners
A. Mission
■ The overall mission of Public Health - Seattle & King County is to provide public
health services that promote health and prevent disease to King County residents, in
order to achieve and sustain healthy people and healthy communities.
B. Method
One of the key methods that Public Health - Seattle & King County uses to support
this mission and extend the reach of public health program activities is to engage in
contractual partnerships with community based organizations. This partnering activity
increases access to needed and mandated health services, and enables community
partner agencies and the people they serve to benefit from service models that are
informed by sound public health principles and practices. Community partner
organizations, with the support of funds provided through this contractual
relationship, extend Public Health's activities to promote population health, according
to goals and outcomes determined under state and national performance standards.
C. Expectations
■ Public Health expects that its community based contracting partners will perform
contracted health services in accordance with the goals, performance measures, and
accountability methods that are outlined in the program-specific exhibits that
accompany this contract.
■ Public Health will provide professional and technical assistance to community
partner organization program staff in order to support the development and
maintenance of strong and effective program services.
■ Public Health and community partner organizations will collaborate in developing
and performing program evaluation activities that will measure the effectiveness of
program efforts, including efforts to measure the impact of program activities on the
health status of residents of King County.
King County Contract D39051D
Exhibit A
Page 7 of 7
This form is available in alternate King County Contract No
formats for people with disabilities Federal Taxpayer ID No.
upon request.
D39051 D
KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT,
INSTITUTION, OR JURISDICTION - 2009
Department Seattle-King County Dept. of Public Health (a.k.a. Public Health - Seattle & King County)
Division ODIR/King County Children & Family Commission
Contractor City of Auburn-Parks, Art, & Recreation Department
Project Title Olympic Leadership Academv
Contract Amount $ 50,000.00
Contract Period Start date: January 1, 2009 R:Od;tater.December 31, 2009
THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Auburn-Parks, Art,
and Recreation Department (the "Contractor"), whose address is 910 - 9th Street SE, Auburn,
Washington 98002.
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
$50,000.00
1/1/09 to 12/31/09
and
WHEREAS, the County desires to have certain services performed by the Contractor as described in
this Contract, and as authorized by the 2009 Annual Budget.
NOW THEREFORE, 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:
INCORPORATION OF EXHIBITS
The Contractor shall provide services and comply with the requirements set forth in the
following attached exhibits, which are incorporated herein by reference:
• Exhibit A: Project Statement of Work, Description, & Requirements
• Exhibit B: Invoice
• Exhibit C: Mission, Method, and Expectations
• Exhibit D: Certificate of Insurance and Additional Insured Endorsement
D39051 D: City of Auburn Resolution 4458 Exhibit A
2009 SKCDPH-Other Govt. Boilerplate Page 1 of 16
II. TERM AND TERMINATION
A. This Contract shall commence on the 1st day of January 2009, and shall terminate on
the 31st day of December 2009, unless extended or terminated earlier, pursuant to the
terms and conditions of the Contract.
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 party thirty
(30) days advance written notice of the termination.
C. The County may terminate this Contract, in whole or in part, upon seven (7) days
advance written notice in the event: (1) the Contractor materially 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 II.C. (1), the
Contractor shall be liable for damages, including any additional 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 misappropriation, nonperformance of required services, or fiscal
mismanagement, the Contractor shall return to the County immediately any funds,
misappropriated or unexpended, which have been paid to the Contractor by the
County.
D. If County or other expected or actual funding is withdrawn, reduced, or limited in any
way prior to the termination date set forth above in Subsection II.A., the County may,
upon written notification to the Contractor, terminate this Contract in whole or in part.
If the Contract is terminated as provided in this Subsection: (1) the 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 Contractor shall be
released from any obligation to provide such further services pursuant to the Contract
as are affected by the termination.
Funding or obligation under this Contract beyond the current appropriation year is
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.
E. The Contractor may terminate this Contract upon seven (7) days written notice, should
the County commit any material breach of this Contract.
F. 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, terms, and
conditions set forth in this Contract are breached by the other party.
Ill. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Contractor for satisfactory 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 B that complies
with the budget in Exhibit A.
D39051 D: City of Auburn
2009 SKCDPH-Other Govt. Boilerplate Resolution 4458 Exhibit A
Page 2 of 16
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 reports. The County shall make payment to the Contractor not
more than 30 days after a complete and accurate invoice is received.
C. The Contractor shall submit its final invoice and all outstanding reports within 90 days
of the date this Contract terminates. If the Contractor's final invoice and reports are not
submitted by the day specified in this subsection, the County will be relieved of all
liability for payment to the Contractor of the amounts set forth in said invoice or any
subsequent invoice.
D. When a budget is attached hereto as an exhibit, the Contractor 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
Contractor shall request prior approval from the County for an amendment to this
Contract when the cumulative amount of transfers among the budget categories is
expected to exceed 10% of the Contract amount in any Contract budget. Supporting
documents necessary to explain fully the nature and purpose of the amendment must
accompany each request for an amendment.
E. If travel costs are contained in the attached budget, reimbursement of Contractor
travel, lodging, and 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 the current Internal
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 vehicles for that time which the vehicle is used during work
hours. Parking shall be the actual cost. When rental vehicles are authorized,
government rates shall be requested. If the Contractor does not request
government rates, the Contractor shall be personally responsible for the
difference. Please reference the federal web site for current rates:
http://www.gsa.gov.
2. Reimbursement for meals shall be limited to the per diem rates established by
federal travel requisitions for the host city in the Code of Federal Regulations, 41
CFR § 301, App.A.
3. Accommodation rates shall not exceed the federal lodging limit plus host city
taxes. The Contractor shall always request government rates.
4. Air travel shall be by coach class at the lowest possible price available at the time
the County requests a particular trip. In general, a trip is associated with a
particular work activity of limited duration and only one round-trip ticket, per
person, shall be billed per trip.
IV. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Contractor shall establish and maintain a system of accounting and internal controls
which complies with applicable, generally accepted accounting principles, and governmental
accounting and financial reporting standards.
D39051 D: City of Auburn
2009 SKCDPH-Other Govt. Boilerplate Resolution 4458 Exhibit A
Page 3of16
V.
VI.
DEBARMENT AND SUSPENSION CERTIFICATION
Agencies receiving federal funds that are debarred, suspended, or proposed for debarment
are excluded from contracting with the County. The Contractor, by signature to this
Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for
debarment by any Federal department or agency. The Contractor also agrees that it will not
enter into a subcontract with a contractor that is debarred, suspended, or proposed for
debarment. The Contractor 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.
MAINTENANCE OF RECORDS/EVALUATIONS AND INSPECTIONS
A. The Contractor shall maintain accounts and Pecords, 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. In accordance with the nondiscrimination and equal employment opportunity
requirements set forth in Section XIV. below, the Contractor shall maintain the
following:
Records of employment, employment advertisements, application forms, and other
pertinent data, records and information related to employment, applications for
employment or the administration or delivery of services or any other 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 Contract, and any other
information 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
Contractor's office to review the foregoing records. The Contractor shall provide every
assistance requested by the County during such visits. In all other respects, the
Contractor shall make the foregoing records available to the County for inspection and
copying upon request. If this Contract involves federal funds, the Contractor shall
comply with 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
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
Revised Code of Washington (RCW) Chapter 40.14.
D. Medical records shall be maintained and preserved by the Contractor in accordance
with state and federal medical 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 Contract, the Contractor shall be responsible for the disposition
and maintenance of such medical records.
E. The Contractor shall provide right of access to its facilities-including those of any
subcontractor assigned any portion of this Contract pursuant to Section XIII-to the
County, the state, and/or federal agencies or officials at all reasonable times in order to
D39051 D: City of Auburn
2009 SKCDPH-Other Govt. Boilerplate Resolution 4458 Exhibit A
Page 4 of 16
monitor and evaluate the services provided under this Contract. The County will give
advance notice to the Contractor in the case of fiscal audits to be conducted by the
County.
The records and documents with respect to all matters covered by this Contract shall
be subject at all time to inspection, review, or audit by the County and/or federal/state
officials so authorized by law during the performance of this Contract and six (6) years
after termination hereof, unless a longer retention period is required by law.
G. The Contractor agrees to cooperate with the County or its agent in the evaluation of the
Contractor'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 42.56.
H. The Contractor agrees that all information, records, and data collected in connection
with this Contract shall be protected from unauthorized disclosure in accordance with
applicable state and federal law.
VII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 (HIPAA)
Terms used in this section shall have the same meaning as those terms in the Privacy Rule,
45 CFR Parts 160 and 164.
A. Obligations and Activities of the Contractor
1. The Contractor agrees not to use or disclose protected health information other
than as permitted or required by law.
2. Implement administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of the protected
health information that it creates, receives, maintains, or transmits on behalf of the
covered entity as required by CFR Title 45, Section 164, Subpart C.
3. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that
is known to the Contractor of a use or disclosure of protected health information by
the Contractor in violation of the requirements of this Contract.
4. The Contractor agrees to report to King County Public Health Compliance Office
any use or disclosure of protected health information not allowed under this
Contract, or security incident, within two (2) days of the Contractor's knowledge of
such event.
5. The Contractor agrees to ensure that any agent, including a subcontractor, to
whom it provides protected health information received from, or created or
received by the Contractor on behalf of King County, agrees to the same
restrictions and conditions that apply through this Contract to the Contractor with
respect to such information.
6. The Contractor agrees to make available protected health information in
accordance with 45 CFR § 164.524.
7. The Contractor agrees to make available protected health information for
amendment and incorporate any amendments to protected health information in
accordance with 45 CFR § 164-526.
D39051 D: City of Auburn
2009 SKCDPH-Other Govt. Boilerplate Resolution 4458 Exhibit A
Page 5 of 16
8. The Contractor agrees to make internal practices, books, and records, including
policies and procedures and protected health information, relating to the use and
disclosure of protected health information received from, or created or received by
the Contractor on behalf of King County, available to the Secretary, in a
reasonable time and manner for purposes of the Secretary determining King
County's compliance with the privacy rule.
9. The Contractor agrees to make available the information required to provide an
accounting of disclosures in accordance with 45 CFR 164 § 528.
B. Permitted Uses and Disclosures by Business Associate
The Contractor may use or disclose protected health information to perform functions,
activities, or services for, or on behalf of, King County as specified in this Contract,
provided that such use or disclosure would not violate the Privacy Rule if done by King
County or the minimum necessary policies and procedures of King County.
C. Effect of Termination
1. Except as provided in paragraph C.2. of this section, upon termination of this
Contract, for any reason, the Contractor shall return or destroy all protected health
information received from King County, or created or received by the Contractor
on behalf of King County. This provision shall apply to protected health
information that is in the possession of subcontractors or agents of the Contractor.
The Contractor shall retain no copies of the protected health information.
In the event the Contractor determines that returning or destroying the protected
health information is infeasible, the Contractor shall provide to King County
notification of the conditions that make return or destruction infeasible. Upon
notification that return or destruction of protected health information is infeasible,
the Contractor shall extend the protections of the Contract to such protected
health information and limit further uses and disclosure of such protected health
information to those purposes that make the return or destruction infeasible, for so
long as the Contractor maintains such protected health information.
VIII. AUDITS
A. If the Contractor or subcontractor is a municipal entity or other government 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 financial assistance and has received
federal financial assistance from the County during its fiscal year, then the Contractor
or subcontractor shall meet the respective A-133 requirements described in
subsections VIII.B. and VIII.C.
B. If the Contractor is a non-profit organization, it shall have an independent audit
conducted of its financial statement and condition, which shall comply with the
requirements of GAAS (generally accepted auditing standards); GAO's Standards for
Audits of Governmental 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 Contractor
no later than six (6) months subsequent to the end of the Contractor's fiscal year. The
Contractor shall provide to the County its response and corrective action plan for all
findings and reportable conditions contained in its audit. When reference is made in its
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audit to a "Management Letter' or other correspondence made by the auditor, the
Contractor shall provide copies of those communications and the Contractor's
response and corrective action plan. Submittal of these documents shall constitute
compliance with subsection VIII.A.
C. If the Contractor is a municipal entity or other government institution or jurisdiction, it
shall submit to the County a copy of its annual report of examination/audit, conducted
by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall
constitute compliance with subsection VIII.A.
D. If the Contractor, for-profit or non-profit, receives in excess of $100,000 in funds during
its fiscal year from the County, it shall provide a fiscal year financial statement
prepared by an independent Certified Public Accountant or Accounting Firm within six
(6) months subsequent to the close of the Contractor's fiscal year.
E. Additional audit or review requirements which may be imposed on the County will be
passed on to the Contractor and the Contractor will be required to comply with any
such requirements.
IX. CORRECTIVE ACTION
If the County determines that a breach of contract has occurred, that is, the Contractor has
failed to comply with any terms or conditions of this Contract or the Contractor has failed to
provide in any manner the work or services agreed to herein, and if the County deems said
breach to warrant corrective action, the following sequential 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
specified deficiencies. The corrective 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 Contractor's response, unless the County, at its
sole discretion, specifies in writing an extension in the number of days to complete the
corrective actions;
B. The County will notify the Contractor in writing of the County's determination as to the
sufficiency of the Contractor's corrective action plan. The determination of sufficiency
of the Contractor's corrective action plan shall be at the sole discretion of the County;
C. In the event that the Contractor does not respond within the appropriate time with a
corrective action plan, or the Contractor's 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 II.C.;
D. In addition, the County may withhold any payment owed the Contractor or prohibit the
Contractor from incurring additional 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 any rights the parties may have
pursuant to Section II. Subsections B, C, D, and E.
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2009 SKCDPH-Other Govt. Boilerplate Resolution 4458 Exhibit A
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X. DISPUTE RESOLUTION
A. The parties shall use their best, good-faith efforts to cooperatively resolve disputes and
problems that arise in connection with this Contract. Both parties will make a good
faith effort to continue without delay to carry out their respective responsibilities under
this Contract while attempting to resolve the dispute under this section.
B. If a dispute arises between the parties that cannot be resolved by direct negotiation,
the dispute shall be submitted to .a dispute board for a non-binding determination.
Each party shall timely appoint one member to the dispute board. Those members
shall jointly appoint an additional member. Any costs of the dispute board shall be split
evenly between the two parties. The dispute board shall timely review the facts,
Contract terms and applicable law and rules, and make its determination. Provided
that each party and the dispute board act in a timely manner, the parties agree not to
seek legal or equitable relief in the courts until the dispute board renders its
determination. Thereafter, either party may seek legal or equitable relief in the courts.
XI. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Contractor is an independent Contractor,
and neither it nor its officers, agents, employees, or subcontractors are employees of
the County for any purpose. The Contractor 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 claim 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 Contractor, its employees, subcontractors
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 any
and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the
Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or
(2) the supplying to the Contractor of work, services, materials, or supplies by
Contractor employees or other suppliers in connection with or support of the
performance of this Contract.
B. The Contractor further agrees that it is financially 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 Contractor, its officers, employees, agents, or subcontractors. This
duty to repay the County shall not be diminished or extinguished by the prior
termination of the Contract pursuant to the Duration of Contract or the Termination
section.
C. The Contractor shall defend, indemnify, and hold harmless 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 Contractor, its officers, employees, subcontractors and/or agents in its
performance or non-performance of its obligations under this Contract In the event the
County incurs any judgment, award, and/or cost arising therefrom including attorneys'
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2009 SKCDPH-Other Govt. Boilerplate Resolution 4458 Exhibit A
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fees to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from the Contractor.
D. The County shall defend, indemnify, and hold harmless the Contractor, its officers,
employees, and agents from any and all costs, claims, judgments, and/or awards of
damages, arise out of, or in any way result from, the negligent acts or omissions of the
County, its officers, employees, or agents in its performance or non-performance of its
obligations under this Contract. In the event the Contractor incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions
of this article, all such fees, expenses, and costs shall be recoverable from the County.
E. Nothing contained within this provision shall affect and/or after the application of any
other provision contained within this Contract.
F. The indemnification, protection, defense and save harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Agreement.
XII. INSURANCE REQUIREMENTS
A. By the date of execution of this Contract, the Contractor 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 Contractor, its agents, representatives, employees, and/or
subcontractors. The costs of such insurance shall be paid by the Contractor or
subcontractor. The Contractor may furnish separate certificates of insurance and
policy endorsements for each subcontractor as evidence of compliance with the
insurance requirements of this Contract. The-Contractor is responsible for ensuring
compliance with all of the insurance requirements stated herein. Failure by the
Contractor, its agents, employees, officers, subcontractors, providers, and/or provider
subcontractors to comply with the insurance requirements stated herein shall constitute
a material breach of this Contract.
B. Minimum Scope and Limits of Insurance
By requiring such minimum insurance, the County shall not be deemed or construed to
have assessed the risks that may be applicable to the Contractor under this Contract.
The Contractor shall assess its own risks and, if it deems appropriate and/or prudent,
maintain greater limits and/or broader coverage.
Coverage shall be at least as broad as:
Commercial General Liability:
Insurance Services Office form number (CG 00 01 current edition or its equivalent)
covering COMMERCIAL GENERAL LIABILITY.
Minimum Limit: $1,000,000 combined single limit per occurrence by bodily
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $2,000,000 aggregate limit.
2. Professional Liability:
Professional Liability, Errors, and Omissions coverage. In the event that services
delivered pursuant to this Contract either directly or indirectly involve or require
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2009 SKCDPN-Other Govt. Boilerplate Resolution 4458 Exhibit A
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professional services, Professional Liability, Errors, and Omissions coverage shall
be provided.
Minimum Limit: $1,000,000 per claim and in the aggregate.
3. Automobile Liability:
In the event that services delivered pursuant to this Contract require the use of a
vehicle or involve the transportation of clients by Contractor personnel in
Contractor-owned vehicles or non-owned vehicles, the Contractor shall provide
evidence of the appropriate automobile coverage.
Insurance Services Office form number (CA 00 01 current edition or its equivalent)
covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate
coverage provided by symbols 2, 7, 8, or 9.
Minimum Limit: $1,000,000 combined single limit per accident for bodily
injury and property damage.
4. Workers' Compensation:
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.
Minimum Limit: Statutory requirements of the state of residency.
5. Stop Gap/Employers Liability:
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
state funds, the protection provided by the "Stop Gap" endorsement to the general
liability policy.
Minimum Limit: $1,000,000
C. 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 apply to
the Contractor's liability to the County and shall be the sole responsibility of the
Contractor.
D. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions:
1. Liability Policies (Except Workers Compensation and Professional/Errors and
Omissions)
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
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2009 SKCDPH-Other Govt. Boilerplate Resolution 4456 Exhibit A
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on behalf of the Contractor in connection with this Contract. (CG 2010 11185 or
its equivalent)
b. The Contractor'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 offices, officials,
employees, or agents shall not contribute with the Contractor's insurance or
benefit the Contractor in any way.
c. The Contractor'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
a. 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.
b. 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
Contractor 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 (3) years from the date of Contract termination,
and/or conversion from a "claims made" form to an "occurrence" coverage form.
E. 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 exception must be approved by King County.
If, at any time, the foregoing policies shall fail to meet the above minimum
requirements the Contractor shall, upon notice to that effect from the County, promptly
obtain a new policy, and shall submit the same to the County, with appropriate
certificates and endorsements, for approval.
F. Verification of Coverage
The Contractor shall furnish the County certificates of insurance and endorsements
required by this Contract. Such certificates and endorsements, and renewals thereof,
shall be attached as exhibits to the Contract. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements for each insurance policy
are to be on forms approved by the County prior to the commencement of activities
associated with the Contract. The County reserves the right to require complete,
certified copies of all required insurance policies at any time.
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2009 SKCDPH-Other Govt. Boilerplate Resolution 4458 Exhibit A
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G. Municipal or State Contractor Provisions
If the Contractor is a Municipal Corporation or a Contractor of the State of Washington
and is self-insured for any of the above insurance requirements, a certification of self-
insurance shall be attached hereto and be incorporated by reference and shall
constitute compliance with this Section.
H. Insurance for Subcontractors
If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the
Contractor shall include all subcontractors as insureds under its policies or shall require
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.
All Coverages and Requirements
Nothing contained within these insurance requirements shall be deemed to limit the
scope, application and/or limits of the coverage afforded by said policies, which
coverage will apply to each insured to the full extent provided by the terms and
conditions of the policy(s). Nothing contained within this provision shall affect and/or
alter the application of any other provision contained within this Contract.
XIII. ASSIGNMENT/SUBCONTRACTING
A. The Contractor shall not assign or subcontract any portion of this Contract or transfer
or assign any claim arising pursuant to this Contract without the written consent of the
County. Said consent must be sought in writing by the Contractor not less than fifteen
(15) days prior to the date of any proposed assignment.
B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor
or between subcontractors that is based on this Contract, provided that the term
"subcontract' does not include the purchase of (1) support services not related to the
subject matter of this Contract, or (2) supplies.
C. The Contractor shall include Sections III.D, IV, V, VI, VII, VIII, XI, XII, XIV, XV, and XXI,
in every subcontract or purchase agreement for services that relate to the subject
matter of this Contract.
D. The Contractor agrees to include the following language verbatim in every subcontract,
provider agreement, or purchase agreement for services which relate to the subject
matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
officers, employees and agents from any and all costs, claims, judgments, and/or
awards of damages arising out of, or in any way resulting from the negligent act or
omissions of subcontractor, its officers, employees, and/or agents in connection with or
in support of this Contract. Subcontractor expressly agrees and understands that King
County is a third party beneficiary to this Contract and shall have the right to bring an
action against subcontractor to enforce the provisions of this paragraph."
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XIV. NONDISCRIMINATION
The Contractor shall comply with all applicable federal, state and local laws regarding
discrimination.
XV. NONDISCRIMINATION 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
minimum 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 Contractor 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 Contractor shall not discriminate against any person
on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual
orientation or the presence of any disability in an otherwise qualified disabled person.
C. The Contractor 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 and other businesses as subcontractors and suppliers in this
Contract and in its overall public and private business activities. The Contractor 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 Contractor shall make such
documents available to the County for inspection and copying upon request. If this
Contract involves federal funds, Contractor shall comply with all record keeping
requirements set forth in any federal rules, regulations or statutes included or
referenced in the Contract documents.
D. King County encourages the Contractor to utilize small businesses, including Minority-
owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The
Washington State Office of Minority and Women's Business Enterprises (OMWBE) can
provide a list of certified M/WBEs. Contact OMWBE office at (360) 753-9693 or on-line
through the web site at www.wsdot.wa.aov/omwbe/.
E. Any violation of the mandatory requirements of the provisions of this Section shall be a
material breach of Contract for which the Contractor may be subject to damages and
sanctions provided for by Contract and by applicable law.
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2009 SKCDPH-Other Govt. Boilerplate Resolution 4458 Exhibit A
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XVI. CONFLICT OF INTEREST
A. The Contractor agrees to comply with the provisions of KCC Chapter 3.04. Failure to
comply with any requirement of KCC Chapter 3.04 shall be a material breach of this
Contract, and may result in termination of this Contract pursuant to Section 11 and
subject the Contractor to the remedies stated therein, or otherwise available to the
County at law or in equity.
B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to
secure preferential treatment in its dealings with the County by offering any valuable
consideration, thing of value or gift, whether in the form of services, loan, thing or
promise, in any form to any county official or employee. The Contractor acknowledges
that if it is found to have violated the prohibition found in this paragraph, its current
contracts 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 employment, 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. Contractor shall identify at
the time of offer current or former County employees involved in the preparation of
proposals or the anticipated performance of Work if awarded the Contract. Failure to
identify current or former County employees involved in this transaction may result in
the County's denying or terminating this Contract. After Contract award, the Contractor
is responsible for notifying the County's Project Manager of current or former County
employees who may become involved in the Contract any time during the term of the
Contract.
XVII. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract
funds at a cost of $5,000 per item or more, when the purchase of such equipment is
reimbursable as a Contract budget item, is upon its purchase or receipt the property of
the County and/or federal/state government.
B. The Contractor shall be responsible for all such property, including the proper care and
maintenance of the equipment.
C. The Contractor shall ensure that all such equipment will be returned to the County or
federal/state government upon termination of this Contract unless otherwise agreed
upon by the parties.
D. The County will provide property tags so Contractor can mark property. The
Contractor shall admit County staff to the Contractor's premises for the purpose of
confirming property has been marked with County property tags. The Contractor shall
establish and maintain inventory records and transaction documents (purchase
requisitions, packing slips, invoices, receipts) of equipment purchased with Contract
funds.
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XVIII. 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 party that produces such material or
article. If any patentable or copyrightable material or article should result from the work
described herein and is jointly produced by both parties, all rights accruing from such
material or article shall be owned in accordance with US Patent Law. Each party agrees to
and does hereby grant to the other party, 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 products license shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Contractor which are modified for use
in the performance of this Contract.
The foregoing provisions of this section 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 performance of this Contract.
XIX. POLITICAL ACTIVITY PROHIBITED
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.
XX. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
In accordance with King County Code 10.16, the Contractor shall use recycled paper for the
production of all printed 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 shall use recycled/recyclable products wherever practical in the fulfillment of this
Contract.
XXI. 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.
XXII. ENTIRE CONTRACTMAIVER 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 subsequent
default. Waiver or breach of any provision of the Contract shall not be deemed to be a
waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Contract unless stated to be such through written approval by the County,
which shall be attached to the original Contract.
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2009 SKCDPH-Other Govt. Boilerplate Resolution 4458 Exhibit A
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XXIII. CONTRACT 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.
XXIV. NOTICES
Whenever this Contract provides for notice to be provided by one parry to another, such
notice shall be in writing and directed to the chief executive office of the Contractor and the
project representative of the County department specified on page one of this Contract. Any
time within which a parry must take some action shall be computed from the date that the
notice is received by said party.
XXV. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Contractor and any subcontractor agree to abide by the laws of the state of Washington,
rules and regulations promulgated thereunder, and regulations of the state and federal
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.
XXVI. APPLICABLE LAW
This contract shall be construed and interpreted in accordance with the laws of the State of
Washington. The venue for any action hereunder shall be in the Superior Court for King
County, Washington.
IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract:
KING COUNTY
King County Executive
Date
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
CONTRACTOR
FOR
Signature
NAME (Please type or print)
Date
ty//
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