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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. ---------------------- 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 ---------------------- 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) ' ---------------------- 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 LL ~ L K W . . 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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 H MCI W 0 ?r T Q A U W L7 P4 U 0 H H fY O 0 O F--4 C7 ?U- W 0 0 PG 0 U R a U C7 rT, U A a a? W U U A a 0 U O U w U W. H U a° O? A? O z P4 0 a V. Cd > o 1 o a? U N U ? 0 0 9 -: 0 a>i 040, to rn N c) I.., U 0 r a o y U o 0 ¢, o U ID ?, ono N N .o "vQ C? v? o .b U ? U - U 0 o .? W ' ..r ti H ob z a 1-' 1-4 a? 0 as ? s , H W C7 04 P, 0 0 A U? 5a W? z o AH z z W? O 0 L7 ?V V] 0 a O U Q P-4 V Vz i--?1 P U ?A a? ti W ?U U Q ?-4 0 U [In ZO 14 w w? U U H O:D V] Az z 0 z U. C E- v Cd ;1 > rn o'P+ o4) 0 0 i .? a>i M 30 CQ ? W ? N a . o y rA O O ?b p, O U a W Cd y o ? U ? U Un 0 U W cn H o? UN z 0, b U ?. Pa-? ? a