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HomeMy WebLinkAbout3563RESOLUTION NO. 3 5 6 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A SEATTLE- KING COUNTY DEPARTMENT OF PUBLIC HEALTH MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 2003 ACTIVITIES. WHEREAS, the Seattle King-County Department of Public Heatth has agreed to reimburse the amount of $9,180 to the City of Auburn for the City's Local Hazardous Waste Management Program; and WHEREAS, the Memorandum of Understanding on the Local Hazardous Waste Management Program for 2003 Activities specifies the administrative procedures and monetary reimbursement regarding implementation of the Local Hazardous Waste Management Program; and WHEREAS, the Auburn City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are authorized to execute an agreement in substantial conformity with the Memorandum of Understanding attached hereto, marked as Exhibit 1" and incorporated herein by this reference. Resolution No. 3563 January 8, 2003 Page 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation, including providing for the expenditure and appropriation therefore in appropriate budget documents. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this -7 t~ day of" , 2003. I URN 4 PETER B. LEWIS MAYOR ATTEST: , D ielle E. Daskam, City Clerk AmED AS TO FORM: Daniel B. Hei , " City Attorney Resolution No. 3563 January 8, 2003 Page 2 King County Contract No. D32768D Federal Taxpayer ID No. Department/Division Seattle-King County Department of Public Health City City of Auburn Project Title Local Hazardous Waste Management Program Contract Amount $ 9,180.00 Fund Code Local Hazardous Waste Fund Contract Period From: January 1, 2003 TO December 31, 2003 KING COUNTY - SUBURBAN CITY CONTRACT - LOCAL HAZARDOUS WASTE - 2003 THIS CONTRACT is entered into by KING COUN'TY (the "County"), and the City of Auburn, whose address is 25 West Main Street, Auburn, Washington 98001(the "City"). VVBEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCE FUNDING LEVEL EFFECTNE DATES Local Hazardous Waste Fund $9,180.00 1/1/03 -12/31/03 and WHEREAS, the County desires to have certain services performed by the City as described in this Contract, and as authorized by Ordinance No. 14517. 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: 1. ~ ~ ~ U. SCOPE OF SERVICES The City shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: Scove of Work and Responsibilities Budget/Invoice Certificate of Insurance DURATION OF CONTRACT Attached hereto as Exhibit I Attached hereto as Exhibit II Attached hereto as Exhibit III This Contract shall commence on the lst day of January 2003 and shall terminate on the 31st day of December 2003, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. Exhibit 1 1 D32768D: City ofAuburn Res. No. 3563 Local Hazardous Waste Management Program III. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the City 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 II, which complies with the budget set forth therein, for services completed in compliance with Exhibit I, Scope of Work. B. The City shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 30 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 City not more than forty-five (45) days after the appropriate invoice is received. C. The City shall submit its final invoice and all outstanding reports within 30 days of the date this Contract terminates. If the City'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 City 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 City 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 City 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% 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 specif c program budget remaining unchanged. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. V. INTERNAL CONTROL AND ACCOUNTING SYSTEM The City shall establish and maintain a system of accounting and intemal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and fmancial reporting standards. VI. MAINTENANCE OF RECORDS A. T'he City 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 of the Archivist in accordance with Revised Code of Washington (RCV) Chapter 40.14. C. The City shall inform the County in writing of the location, if different from the City address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall 14 : D32768D: City of Auburn Local Hazardous Waste Management Program 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 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. 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 City agrees to cooperate with the County or its agent in the evaluation of the City'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 City has failed to comply with any terms or conditions of this Contract or the City 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 City in writing of the nature of the breach; B. The City shall respond in writing within ten (10) 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, wluch date shall not be more than ten (10) working days from the date of the City'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 City in writing of the County's determination as to the sufficiency of the City's corrective action plan. The determination of sufficiency of the City's corrective action plan shall be at the sole discretion of the County; D. In the event that the City does not respond within the appropriate time with a corrective action plan, or the City'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; E. In addition, the County may withhold any payment owed the City or prohibit the City 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. D32768D: City of Auburn Local Hazardous Waste Management Program IX. ASSIGNMENT/SUBCONTRACTING A. The City 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 City not less than fifteen (15) days prior to the date of any proposed assignment. B. "Subcontract" shall mean any agreement between the City and a subcontractor or between subcontractors that is based on this Contract, nrovided 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. 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 City 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 City materially breaches any duty, obligation, or service required pursuant to tlus 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 City 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 City, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the City shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the City by the County. C. If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II, the County may, upon written notification to the City, 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 tlus Contract for services rendered prior to the effective date of termination; and (2) the City 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 yeaz 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 City may terminate this Contract upon seven (7) days written nv(ice, 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, terms, and conditions set forth in this Contract are breached by the other party. XI. 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. 4 D32768D: City of Auburn Local Hazardous Waste Management Program XII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the City is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The City 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 City, its employees, and/or others by reason of this Contract. The City shall protect, indemnify, and save harmless the County, their officers, agents, and employees from and against any and all claims, costs, and/or losses whatscever occurring or resulting from (1) the City's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the City of work, services, materials, or supplies by City employees or other suppliers in connection with or support of the performance of this Contract. B. The City fiu-ther 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 City, 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 City shall protect, defend, indemnify, and save 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 City, its officers, employees, and/or agents in the performance of their obligations under this contract. The City 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 City, 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 arising therefrom including attomeys' fees to enforce the provisions o.f this article, all such fees, expenses, and costs shall be recoverable from the City. The County shall protect, defend, indemnify, and save harmless the City, 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, or 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 City only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the City incurs any judgment, awazd, 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. Claims shall include, but not be limited to, assertions that use or transfer of soflware, 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 this provision shall affect and/or alter the application of any other provision contained within this agreement. D327681): City of Auburn Local Hazardous Waste Management Program XIII. INSUItANCE REOUIREMENTS A. By the date of execution of this Contract, the City 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 City, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the City or 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 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 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 Contract termination, and/or conversion from a"claims made" form to an "occunence" 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 City under this Contract. The City shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to 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. B. Minimum Scove of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILTTY). 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 City personnel in City-owned vehicles or non-owned vehicles, the City shall provide evidence of the appropriate automobile coverage. Insurance Services Office 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' 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. D32768D: City of Auburn Local Hazardous Waste Management Program C. Minimum Limits of Insurance The City 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. Professional Liability, Errors, and Omissions: 1 Million. 3. Automobile Liability: 1 Million combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation: Statutory requirements of the state of residency. D. 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 City's liability to the County and shall be the sole responsibility of the City. 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 City in connection with this Contract. , b. 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. c. The City'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 afler 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 Bests' surplus size VIII. Professional Liability, Farors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. D32768D: City of Auburn Local Hazardous Waste Management Program 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 City 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. G. Verification of Covera~e The City shall furnish the County with certificates of insurance and endorsements required by this Contract. The certificates and endorsements for eaeh 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 alI required insurance policies at any time. H. Subcontractors The City 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. 1. Municipal Provisions If the City, as a Municipal Corporation of the State of Washington, 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 City 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 t}us 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 City 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 City 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 City 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 g D32768D: City of Auburn Local Hazardous Waste Management Program business activities. The City shall also maintain, until 12 months after completion of all work un,der this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract. The City shall make such documents available to the County for inspection and copying upon request. If this contract involves federal funds, City 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 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/WBEs, on solicitation lists, 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 small 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 offices, 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 City may be subject to damages and sanctions provided for by contract and by applicable law. XVI. CONFI.ICT OF INTEREST A. The City 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 financial interest, direct or ind'uect, in this Contract. The City shall take appropriate steps to assure compliance with this provision. B. If the City 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. D32768D: City of Auburn Local Hazardous Waste Management Program XVII. 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 off ce. XVIII. NOTICES Whenever this Contract 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 City and the director/manager of the County departmenddivision 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. XIX. PROPRIETA.RY RIGFITS 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 City. The City agrees to and does hereby grant to the County, inevocable, 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 license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the City which are modified for use in the performance of this Contract. XX. CONTRA,CT 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. XXI. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The City 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. If the cost of recycled paper is more than 15% higher than the cost of non-recycled paper, the City may notify the Contract Administrator, who may waive the recycled paper requirement. - The City 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. XXII. ENTIltE 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 subsequent 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 10 D32768D: City ofAuburn Local Hazardous Waste Management Program modification of the terms of the Contract unless stated to be such through written approval by the County, which sliall be attached to the original Contract. XXIII. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The City 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 InterCity Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, wluch 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 af~irmatively agree in writing to the contrary. KING COLJNTY: FOR King County Executive Date Approved as to Form: OFFICE OF THE K1NG COUNTY PROSECUTING ATTORNEY September 20, 2002 Peter B Lewi s Ma.yflr Name (Please type or print) Jan►,Ary 21} 2nnl Date 11 D32768D: City of Aubum Local Hazardous Waste Management rogram Contract # D32768D EXHIBIT I- Scope of Work & Responsibilities CITY OF AUBURN MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 2003 ACTIVITIES The Local Hazardous Waste Management Plan (hereafter referted to as the "Plan") as updated in 1997, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued par[ner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Auburn will educate residents and businesses about why and where to recycle their used computers, and to promote and support product stewardship. Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: A. The Ci 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit II). Invoices should be sent to the Contract Administrator for approval and payment. b) A brief description of activity accomplished aaid funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepazed by the City's finance department. The financial statements should include vendor names, a description of seryices provided, date paid and a check or warrant number. 3. The City shall notify the Contract Administrator no later than December 15th regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. Contract # D32768D 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. 'The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non- Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced - in part or in whole - with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind.: 7. The City agrees to provide the Program with copies of all media material produced for loca} hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Sharon Conroy at the City of Auburn, 25 W Main Street, Auburn, at (253) 931-5103, (sconroy@ci.auburn.wa.us) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Administrator for resolution. B. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within forty-five (45) days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. C. Program Contacts Ken Armstrong LHWNIP Program Adminisirator 150 Nickerson Street, Suite 100 Seattle, WA 98109 206-352-8163 ken.armstrong@metrokc.gov Paul Shallow LHWMP Contract Administrator 999 Third Avenue, Suite 700 Seattle, WA 98104 206-296-4751 paul.sballow@metrokc.gov Contract # D32768D EXHIBIT II Budget/Invoice LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: The City of Auburn 25 W Main Street, Aubum, WA 98001-4998 To: Paul Shallow, LHWMP Contract Administrator Seattle-King County Department of Public Health 999 3rd Avenue, Suite 700 Seattle, WA 98104 Contract #D32768D Period of time: , 2003. to 2003. In performance of a signed Contract between King County and the City of Aubum, I hereby certify that the following expenses were incurred during the above-mentioned period of time. Signature Date Component Description Budget Current Expenses Previous Charges Balance HHW Education $9,180.00 HHW Collection Other (describe) TOTAL $9,180.00 FOR HEALTH DEPARTMENT USE ONLY ~ Local Hazardous Waste Management Program Approval: Paul Shallow Date