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