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ORDINANCE NO.
4707
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING REIMBURSEMENT OF FUNDS IN THE AMOUNT
THIRTEEN THOUSAND TWO HUNDRED NINETY-SEVEN AND 00/100 DOLLARS,
($13,297), AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT WITH THE SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC
HEALTH TO ACCEPT THE REIMBURSEMENT FUNDS FOR IMPLEMENTATION OF
THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM.
WHEREAS, the Auburn City Council of the City of Auburn
must adopt and approve all appropriations by Ordinance
pursuant to Chapter 35A.33 RCW; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section ~. Pursuant to Chapter 35A.33 RCW, the City
hereby approves the expenditure and appropriation of a total
amount of THIRTEEN THOUSAND TWO HUNDRED NINETY-SEVEN DOLLARS
($13,297) which constitutes reimbursement of funds for
implementing the Local Hazardous Waste Management Program in
accordance with the Local Hazardous Waste Management Plan for
Seattle-King County.
8ection 2. The Mayor and
Auburn are authorized to execute
Seattle-King County Department
reimbursement of said funds. A copy of
attached hereto and designated Exhibit "A"
by reference herein.
City Clerk of the City of
Agreement No. D-18382D with
of Public Health for the
said Agreement is
and is incorporated
Ordinance No. ~707
October 5, 1994
· Page 1
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Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 4. 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:
PASSED:
APPROVED:
ATTEST:
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
~lds,
Acting City Attorney
Published:
Ordinance #o.
October 5, 1994
Page 2
ORIGINAL
AGREEMENT
D18382D
between
KING COUNTY
and
THE CITY OF AUBURN
This Agreement (the "Agreement") is entered into between King
County, by and on behalf of the Seattle-King County Department of
Public Health, Environmental Health Services Division (hereinafter
referred to as the "County" or the "Health Department) and the City
of Auburn (hereinafter referred to as "the City").
I. PURPOSE
The purpose of this Agreement (the "Agreement") is to establish
roles, relationships and financing mechanisms for implementation of
the adopted November, 1990 Local Hazardous Waste Management Plan
for Seattle-King County (hereinafter referred to as the "Plan").
The Plan was adopted by each of the affected agencies and
jurisdictions and approved by the Washington State Department of
Ecology in accordance with RCW 70.105.220(1).
The Plan calls for coordination of local household and small
quantity commercial generator programs among the Health Department,
King County Solid Waste Division, Metro, Seattle Solid Waste
Utility and suburban cities. The Plan provides for mechanisms by
which the Plan implementation shall be coordinated, funded and
operated by each of the affected agencies and jurisdictions. The
Plan further provides for establishment of a Management
Coordination Committee for the purpose of coordination among the
jurisdictions and agencies affected by the Plan. Funding for Plan
programs is derived from fees collected by certified haulers of
solid waste, King County Solid Waste Facilities, city of Seattle
Solid Waste Facilities, sewer utilities, suburban cities that bill
for solid waste/sewer services and Washington State Department of
Ecology grants.
Because the Plan provides for the Health Department to administer
the funds for the Plan and, for interlocal agreements, for
disbursement of the funds, this Agreement defines how the City and
the Health Department will implement their respective
responsibilities pursuant to the Plan. The Plan is expected to be
updated periodically. Plan updates may require amendments to this
Agreement.
II. RESPONSIBILITIES OF THE CITY
The City shall have the following responsibilities pursuant to this
Agreement in accordance with the provisions of the Plan.
Development of ProGram and BudGet Proposals. The City
shall annually develop program and budget proposals
consistent with the intent of the Plan and submit these
to the Management Coordination Committee (hereinafter
referred to as the "MCC") designated by the Plan.
Participation on Committees. The Suburban Cities
Association shall designate one individual who shall
represent the City on the MCC prescribed by the Plan.
The Suburban Cities Association shall also designate one
or more individuals who shall represent the City on the
Technical Planning Committee prescribed in the Plan and
any other subcommittees which are designated by the MCC
to advise and support the MCC in its work.
Proqram Implementation. The City shall implement the
programs designated for the City in the annual work
program for the Plan approved by the King County Board of
Health and the City's legislative authority.
Submittal of Expenditure Information. The City shall
submit quarterly to the Health Department a statement of
expenditures in a form approved by the Health Department
(sample attached), consistent with the approved annual
work program and budget.
Establishment and Maintenance of Records. The City shall
maintain accounts and records, including personnel,
financial, and programmatic records, and other such
records as may be deemed necessary by the County, to
ensure proper accounting for all project funds and
compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect
costs of any nature expended and services provided in the
performance of this Agreement.
These records shall be maintained for a period of six (6)
years after termination hereof unless permission to
destroy them is granted by the Office of the Archivist in
accordance with RCW Chapter 40.14.
The City shall inform the Health Department in writing of
the location of the aforesaid books, records, documents,
and other evidence and shall notify the Health DeDartment
in writing of any change in location within ten (10)
working days of any such relocation.
Audits and Inspections. The record, and documents with
respect to all matters covered by this Agreement shall be
subject at all times 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.
The City shall provide right of access to its facilities,
including those of any subcontractor, to the County, the
state and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the
services provided under this Contract. The County will
give advance notice to the City in the case of fiscal
audits to be conducted by the County.
Minority/Women's Business Utilization. Minority and/or
Women's Business utilization goals for this Agreement are
waived pursuant to King County Code 4.18.70.A4. However,
as a condition of this waiver, the Director of Executive
Administration instructs all parties to this Agreement
that each must, at a minimum, make affirmative efforts to
purchase those services authorized under this Agreement
from Minority- and/or Women's businesses. For those
governments/municipalities/utilities where there is a
Minority/Women-owned Business procurement program, that
program should be applied to each purchase made under
this Agreement. For those government/municipalities/
utilities without an existing Minority/Women's Business
procurement program, they shall solicit from
Minority/Women's businesses for each individual purchase
made under this Agreement, provided there are such
businesses. They may use either the Washington State
Office of Minority, Women and Disadvantaged Business
Enterprises or the King County Office of Civil Rights and
Compliance as resources to identify Minority/Women's
businesses for this purpose.
Municipal or State Aqency Provisions. If the City is a
Municipal Corporation or an agency of the State of
Washington and is self-insured for any of the insurance
requirements set forth in Attachment A, a certification
of self-insurance shall be attached hereto and be
incorporated by reference and shall constitute compliance
with this section. If the City is not self-insured, then
the provisions of Attachment A shall be adhered to in the
performance of this Agreement.
Certificate of Disposal. It shall be the responsibility
of the City to provide a certificate of disposal for all
wastes disposed as a result of this Agreement.
Certificates of disposal shall be issued by the firm or
FW~WMOA. 9 ~ 3
person responsible for the disposal of waste, and shall
include information about the date, manner, and location
at which the wastes were disposed. Certificates of
disposal shall make clear reference to specific manifests
(to be included by the City with its invoice pursuant to
the attached Memorandum of Understandinq on the Local
Hazardous Waste Manaqement Proqram for 1994 Activities)
for the waste disposed. Such certificates shall be
provided to the County as soon as they are available, and
in any case no later than 180 days after the last day of
the month during which the wastes were accepted by the
Contractor.
Spills and Emerqencies. The City is solely responsible
for any and all spills, leaks or other emergenoies
arising at the Facilities or in any other way associated
with the operations under this Agreement. In the event
of a spill or a health or environmental emergency, the
City shall comply with applicable law and shall warn and
evacuate those persons that may be affected by the spill
or emergency condition.
Indemnification and Hold Harmless. Each party shall
protect, defend, indemnify and save harmless the other
party, its officers, officials, employees and agents
while acting within the scope of their employment, from
any and all costs, claims, judgments, and/or awards of
damages, arising out of or in any way resulting from each
party's own comparative negligent acts or omissions.
Each party agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of
action brought by or on behalf of any employees, or
agents. For this purpose, each party, by mutual
negotiation, hereby waives, with respect to the other
party only, any immunity that would otherwise be
available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event that
either party incurs any judgment, award and/or cost
arising therefrom including attorney's fees to enforce
the provisions of this Article, all such fees, expenses,
and costs shall be recoverable from the responsible party
to the extent of that party's culpability.
III. RESPONSIBILITIES OF THE HEALTH DEPARTMENT
The Health Department shall have the following responsibilities
pursuant the Plan.
Coordination of the MCC. The Director of the Seattle-
King County Department of Public Health (the "Health
Department") shall designate a representative to the MCC.
The Health Department shall also coordinate MCC meetings
and compile the work program and budget submittal
proposed by the City, as well as proposals from the other
agencies and jurisdictions affected by the Plan, and
submit them to the MCC together with comments and
recommendations prepared by the Technical Planning
Committee. The Health Department shall further transmit
the MCC recommended annual work program and budget to the
Seattle and King County Boards of Health for their
consideration. Upon the Boards' of Health approval of
each year's work program and budget, the Health
Department will produce a Memorandum of Understanding on
the Local Hazardous Waste Management Program, (form is
attached hereto as Exhibit I) defining the scope of work
and budget, for signing by the Health Department and the
City. Each year's Memorandum of Understanding on the
Local Hazardous Waste Management Program will be
incorporated into this Agreement upon being fully
approved and signed by both parties.
B. Fund Management. As manager of the Local Hazardous Waste
Fund, the Health Department shall provide quarterly
financial plan updates to the MCC. After submittal of
expenditure information by the City pursuant to Section
II.D. of this Agreement, the Health Department shall
arrange fund transfers to the city in the amount of those
expenditures, but in no case shall the fund transfers
exceed the amount of funds allocated on an annual basis
in accordance with the approved budget and work plan for
that particular year that has been approved by the King
County Board of Health and the King County Council in the
annual work program for City implementation. /, ~.~
IV. DURATION, AMENDMENTS AND TERMINATION~~
The duration of this Agreement shall be from the date of executl~
by both parties. The term of this Agreement shall be indefinite.
This Agreement may be amended annually by signature of both
parties. During the term of this Agreement, the parties will
annually set the amount of funds allocated to the work program in
accordance with the budget and work program approved by the King
County Board of Health and the King County Council. This Agreement
may be terminated upon the written request of either party with
sixty (60) days notice to the other party.
V. ADMINISTRATION OF AGREEMENT
The following provisions are made in accordance with RCW 39.34:
ae
Administrator. The Seattle-King County Department of
Public Health Local Hazardous Waste Program Supervisor
will act as Administrator of this Agreement.
B. personal and Real Property. This Agreement does not
authorize the purchase or sale of real or personal
property.
VI. ENTIRE AGREEMENT/WAIVER OF DEFAULT
The parties agree that this Agreement is the complete expression of
the terms hereto and any oral representations or understandings not
incorporated herein are excluded. Both parties recognize that time
is of the essence in the performance of the provisions of this
Agreement. Waiver of any default shall not be deemed to be a
waiver of any subsequent default. Waiver or breach of any
provision of this Agreement shall not be deemed to be a waiver of
any other or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement unless stated to be
such through written approval by the Health Department, which shall
be attached to the original Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the respective dates set forth below.
King County
King County Executive
Date
The City of Auburn
Charles Booth, Mayor of
the City of Auburn
APPROVED AS TO FORM BY THE OFFICE
OF THE KING COUNTY PROSECUTING ATTORNEY
ATTEST:
Robin Wohlhueter
City Clerk City of Auburn
Michael J. Reynolds
Acting Auburn City Attorney
FWH~40A. 9~ 6
EXHIBIT I
MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS
WASTE MANAGEMENT PROGRAM FOR 1994 ACTIVITIES
This Memorandum of Understanding between the Seattle-King County
Department of Public Health and the City of Auburn specifies the
administrative procedures and monetary reimbursement regarding
implementation of the Local Hazardous Waste Management Program.
Scope of Work
The City of Auburn will sponsor an educational play for grade
school about the water cycle, hazardous waste and alternatives to
chemicals. The City will also distribute disposal brochures to
children and adults at special events.
Budqet
Attached hereto as "BUDGET/INVOICE" and incorporated herein.
We, the undersigned, agree to the above work:
Gary Locke ~
King County Executive
Date
Charles Booth
Mayor of the City of Auburn
' 'Dat~
APPROVED AS TO FORM BY THE OFFICE
OF THE KING COUNTY PROSECUTING ATTOI~NEY
ATTEST:
Robin Wohlhueter
Auburn City Clerk
RM:
Michael J. Reynolds
Acting Auburn City Attorney
*U~m~MOA. 9 ~ 7
EXHIBIT I-A
BUDGET/INVOICE
The City of Auburn
25 West Main Street
Auburn, WA 98001
Todd Yerkes, Environmental Health Services Supervisor
Seattle-King County Department of Public Health
201 Smith Tower
Seattle, WA 98104
Period of time: January 1, 1994 to December 31, 1994.
In performance of an Agreement between the Seattle-King County
Department of Public Health and the City of Auburn, I hereby
certify that the following expenses were incurred during the
above mentioned period of time. The Department Program Monitor
will have access to details as needed.
Signature Date
Component
HHW Education:'
Public Info/Outreach
Total
Budqet Expenses Balance
13,297
13,297
For Department Use Only
Approved for payment:
D18382D
Todd Yerkes
Date
*UBm~OA. 94 8
ATTACHMENT A
Insurance Requirements. By the date of execution of this
Agreement the City shall procure and maintain for the duration of
this Agreement insurance against claims for injuries to persons
or damages to property which may arise from, or in connection
with the performance of work hereunder by the City, its agents,
representatives, employees, and/or Subcontractors. The cost of
such insurance shall be paid by the City or the City's
Subcontractor. the City may furnish separate certificates of
insurance and policy endorsements for each Subcontractor as
evidence of compliance with the insurance requirements of this
Agreement.
For Ail Coverages: Each insurance policy shall be
written on an "Occurrence" form; excepting that
insurance for Professional Liability, Errors and
Omissions when required, may be acceptable on a "claims
made" form.
If coverage is approved and purchased on a "claims
made" basis, the City warrants continuation of
coverage, either through policy renewals or the
purchase of an extended discovery period, if such
extended coverage is available, for not less than three
years from the date of completion of the work which is
the subject of this Agreement.
Minimum Scope of Insurance. Coverage shall be at least
as broal as:
General Liability: Insurance Services Office form
number (CG 00 01 Ed. 11-88) covering COMMERCIAL
GENERAL LIABILITY; or Insurance Services Office
form number (GL 0002 Ed. 1-73) covering
COMPREHENSIVE GENERAL LIABILITY and Insurance
Services Office form number (GL 0404 Ed. 5-81)
covering BROAD FROM COMPREHENSIVE GENERAL
LIABILITY ENDORSEMENT.
Professional Liability: Professional Liability,
Errors and Omissions coverage. In the event that
services delivered pursuant to this Agreement
either directly or indirectly involve or require
professional services, Professional Liability,
Errors and Omissions coverage shall be provide.
"Professional Services", for the purpose of this
Agreement section shall mean any services provided
by a licensed professional.
Automobile Liability: Insurance Services Office
form nuraber (CA 00 O1 Ed. 12-90) covering BUSINESS
AUTO COVERAGE, symbol 1 "any auto"; or the
combination of symbols 2, 8, and 9.
Worker's Compensation: Worker's Compensation
coverage as required by the Industrial Insurance
AUmHWMOA. 9~ 9
Act of the State of Washington, as well as any
similar coverage required for this work by
applicable Federal or "Other States" State Law.
Employers Liability or "STOP GAP": The protection
provided by the Workers Compensation policy Part 2
(Employers Liability) or, in states with
monopolistic state funds, the protection provided
by the "Stop Gap" endorsement to the General
Liability policy.
Pollution Liability - Collection Facilities/
Transportation Modes/Disposal Facilities: As a
result of the handling of wastes in the
performance of this Agreement, the City shall
procure and maintain, or, by the date of execution
of contracts with any Subcontractors, cause its
Subcontractors to procure and maintain, pollution
liability insurance to cover exposure resulting
from such action.
Coverage shall be at least as broad as ISO Form
CG0039 with exclusion (f) deleted (if such
deletion is available through the City's insurance
carrier), attached and incorporated by reference
into this Agreement as Exhibit A.
Minimum Limits of Insurance. the City shall maintain
limits no less than, for:
General Liability: $1.000,000 combined single
limit per $ amount occurrence for bodily injury,
personal injury and property damage, and for those
policies with aggregate limits, a $2.000.000
aggregate limit.
Professional Liability, Errors and Omissions:
$1,000,000.
Automobile Liability: The greater of (a)
$1,000,000 combined single limit per accident for
bodily injury and property damage, or (b) the
applicable limit as required by the Washington
State Utilities and Transportation Commission.
Worker's Compensation: Statutory requirements of
the State of residency.
Employers liability or "Stop Gap" coverage:
$1.000.000.
6. Pollution Liability: $1.000.000/occurrence.
Deductibles and Self-Insured Retentions. Any
deductibles or self-insured retentions must be declared
to, and approved by, the County. The deductible and/or
self-insured retention of the policies shall not limit
or apply to the City's liability to the County and
A~OA.94 10
shall be the sole responsibility of the City.
Other Insurance Provisions. The insurance policies
required in this Agreement are to contain, or be
endorsed to contain, the following provisions:
1. General Liability Policy:
The County, its officers, officials,
employees and agents are to be covered as
additional insureds as respects: Liability
arising out of activities performed by or on
behalf of the City in connection with this
Agreement.
To the extent of the City's negligence, the
City's insurance coverage shall be primary
insurance as respects the County, its
officers, officials, employees and agents.
Any insurance and/or self-insurance
maintained by the County, its officers,
officials, employees or agents shall not
contribute with the city's insurance or
benefit the City in any way.
the City's insurance shall apply separately
to each insured against whom a claim is made
and/or lawsuit is brought, except with
respect to the limits of the insurer's
liability.
Ail policies: Coverage shall not be suspended,
voided, cancelled, reduced in coverage or in
limits, except by the reduction of the applicable
aggregate limit by claims paid, until after forty-
five (45) days prior written notice has been given
to the County.
Acceptability of Insurers. Unless otherwise approved
by the County, insurance is to be placed with insurers
with a Bests' rating of no less than A:VIII, or, if not
rated with Bests', with minimum surpluses the
equivalent of Bests' surplus size VIII.
Professional Liability, Errors and Omissions insurance
may be placed with insurers with a Bests' rating of
B+:VII. Any exceptions must be approved by the County.
If at any time of the foregoing policies shall be or
become unsatisfactory to the County, as to form or
substance, or if a company issuing any such policy
shall be or become unsatisfactory to the County, the
city shall, upon notice to that effect from the County,
promptly obtain a new policy, and shall submit the same
to the County, with the appropriate certificates and
endorsements, for approval.
Verification of Coveraqe. The City shall furnish the
A%mHW~OA. 9 ~ 11
County with certificates of insurance and endorsements
required by this Agreement. The certificates and
endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage
on its behalf. The certificates and endorsements for
each insurance policy are to be on forms approved by
the County and are to be received and approved by the
County prior to the commencement of activities
associated with the Agreement. The County reserves the
right to require complete, certified copies of all
required insurance policies at any time.
Subcontractors. The City shall include all
Subcontractors as insureds under its policies, and/or
shall furnish separate certificates of insurance and
policy endorsements for each Subcontractor. Insurance
coverages provided by Subcontractors as evidence of
compliance with the insurance requirements of this
Agreement shall be subject to all of the requirements
stated herein.