HomeMy WebLinkAboutITEM VIII-B-1
CITY OF~-
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Grant for Local Hazardous Waste Management Date: December 1, 2010
Program
Department: Finance Attachments: Resolution 4658 Budget Impact: 0
Kin Count Contract for signature
Administrative Recommendation:.
City Council adopt Resolution No. 4658.
Background Summary:
Seattle-King County Department of Public Health requests to enter into a contract with the City of Auburn
for the Local Hazardous Waste Management Program. King County has extended $19,693.38 for the
City to promote the Neighborhood Natural Yard Care Program to one neighborhood and mail a newsletter
with information on household hazardous waste in 2011.
1) Neighborhood Natural Yard Care Program
This program has been delivered to six neighborhoods in the past. Three workshop presentations will be
given to a selected neighborhood. The presentations will focus on various yard care techniques that
contribute to personal and environmental health and safety.
The Water and Storm Utility will also contribute resources to this program.
2) Household Hazardous Waste Newsletter
The Household Hazardous Waste Newsletter will include information on proper disposal of household
hazardous waste, the E-Cycle Washington program, Take It Back Network information, less toxic cleaning
products, and options for disposing of unwanted medicines. The newsletter will be mailed to single-
family, multi-family, and mobile home park residents.
N1220-1
A3.4.1.21
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ® Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ® Municipal Serv. ® Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Peloza Staff: Coleman
Meeting Date: December 20, 2010 Item Number: VIII.B.1
AUBURN *MOPE THAN YOU IMAGINED
RESOLUTION NO.4 6 5 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE A SERVICES CONTRACT WITH THE
SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC
HEALTH FOR REIMBURSEMENT OF FUNDS RELATED
TO 2011 LOCAL HAZARDOUS WASTE MANAGEMENT
PROGRAM ACTIVITIES
WHEREAS, the Seattle King-County Department of Public Health has agreed to
reimburse the City of Auburn in the amount of $19,693.38 for costs associated with the
City's Local Hazardous Waste Management Program; and
WHEREAS, in order to accept the monies offered by the Seattle-King County
Department of Public Health, it is necessary for the City to enter into a services contract
which specifies the administrative procedures governing the reimbursement of funds
spent in the City's Local Hazardous Waste Management Program.
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 the King County Contract for Services, a copy of which is attached hereto as
Exhibit "A" and incorporated by reference.
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.
Resolution No. 4658
December 1, 2010
Page 1 of 2
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of , 2008.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Da el B. Heid,
City Attorney
Resolution No. 4658
December 1, 2010
Page 2 of 2
Public Health
Seattle & King County
King County Contract No. D40572D EHS1813
Federal Taxpayer ID No. 91-6001228
This form is available in alternate formats for people with disabilities upon request.
KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION,
OR JURISDICTION - 2011
Department Seattle-King County Dept. of Public Health (a.k.a. Public Health - Seattle & King
Division County)/EHS
Contractor City of Auburn
Project Title Local Hazardous Waste Management Program
Contract Amount Nineteen Thousand Six Hundred Ninety Three Dollars and Thirty Eight Cents
Contract Period Start date: 01/01/2011 End date: 12/31/2011
THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Auburn (the
"Contractor"), whose address is 25 W Main St., Auburn, WA 98001-4998.
WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates:
FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
COUNTY $19,693.38 1/1/2011 to 12/31/2011
TOTAL $19,693.38
and
WHEREAS, the County desires to have certain services performed by the Contractor as described in this
Contract, and as authorized by the 2011 Annual Budget.
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,
to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
1. Incorporation of Exhibits
The Contractor shall provide services and comply with the requirements set forth in the following
attached exhibits, which are incorporated herein by reference:
A. Program Exhibits and Requirements
• Exhibit A: Scope of Work
• Exhibit B: Budget and Invoice
• Exhibit C: Certificate of Insurance and Additional Insured Endorsement
II. Term and Termination
A. This Contract shall commence on 01/01/2011, and shall terminate on 12/31/2011, unless extended
or terminated earlier, pursuant to the terms and conditions of the Contract.
B. This Contract may be terminated by the either party without cause, in whole or in part, prior to the
date specified in Subsection II.A. above, by providing the other party thirty (30) days advance
written notice of the termination.
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{
C. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written
notice in the event:. (1) the Contractor materially breaches any duty, obligation, or service required
pursuant to this Contract, or (2) the duties, obligations, or services required herein become
impossible, illegal, or not feasible.
If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor
shall be liable for damages, including any additional costs of procurement of similar services from
another source.
If the termination results from acts or omissions of the Contractor, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor
° shall return to the County immediately any funds, misappropriated or unexpended, which have
been paid to the Contractor by the County.
' D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to
the termination date set forth above in Subsection II.A., the County may, upon written notification
to the Contractor, terminate this Contract in whole or in part.
If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for
payment in accordance with the terms of this Contract for services rendered prior to the effective
date of termination; and (2) the Contractor shall be released from any obligation to provide such
further services pursuant to the Contract as are affected by the termination.
Funding or obligation under this Contract beyond the current appropriation year is conditional upon
appropriation by the County Council of sufficient funds to support the activities described in the
Contract. Should such appropriation not be approved, this Contract will terminate at the close of
{ the current appropriation year.
E.. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law
that either parry may have in the event that the obligations, terms, and conditions set forth in this
Contract are breached by the other party.
III. Compensation and Method of Payment
A. The County shall reimburse the Contractor for satisfactory completion of the services and
requirements specified in.this Contract, payable in the following manner:
Upon receipt and approval of a signed invoice as set forth in Exhibit B that complies with the
budget in Exhibit B.
B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached
exhibits not more than 60 working days after the close, of each indicated reporting period. The
County will initiate authorization for payment after approval of corrected invoices and reports. The
County. shall make payment to the Contractor not more than 30 days after a complete and
accurate invoice is received.
C. The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date
this Contract terminates. If the Contractor's final invoice and, reports are not submitted by the day
specified in this subsection, the County will be relieved of all liability for payment to the Contractor
of the amounts set forth in said invoice or any subsequent invoice.
D. When a budget is attached hereto as an.exhibit, the Contractor shall apply the funds received from
the County under this Contract in accordance with said budget. The contract may contain
separate budgets for separate. program components. The Contractor shallrequest prior approval
j from the County, for an amendment to this.Contract when the cumulative amount of transfers
among the budget categories is expected to exceed 10% of the Contract amount in any Contract
budget. Supporting documents necessary to explain fully the nature and purpose of the
amendment must accompany each request for an amendment.
l; E. If travel costs, are contained in the attached budget, reimbursement of Contractor travel, lodging,
and meal expenses are limited to the eligible costs, based on the following rates and criteria.
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1. The mileage rate allowed by King County shall not exceed the current Internal Revenue
Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate
shall be paid for the operation, maintenance and depreciation of individually owned vehicles
for that time which the vehicle is used during work hours. Parking shall be the actual cost.
When rental vehicles are authorized, government rates shall be requested. If the Contractor
does not request government rates, the Contractor shall be personally responsible for the
difference. Please reference the federal web site for current rates: http://www.gsa.gov.
2. Reimbursement for meals shall, be limited to the per diem rates established by federal travel
requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A.
_ 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The
Contractor shall always request government rates.
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is 'associated with a particular work activity
of limited duration and only one round-trip ticket, per person, shall be billed per trip.
IV. Internal Control and Accounting System
The Contractor shall establish and maintain a system of accounting and internal controls which complies
with applicable, generally accepted accounting principles, and governmental accounting and financial
reporting standards.
V. Debarment and Suspension Certification
Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are excluded
from contracting with the County. The Contractor, by signature to this Contract, certifies that the
Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department
or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is
debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the
event. it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal
department or agency. For more information on suspension and debarment, see Federal Acquisition
Regulation 9.4.
f VI. Maintenance of Records/Evaluations and Inspections
A. The Contractor shall maintain accountsand 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. In accordance with the nondiscrimination and equal employment opportunity requirements set forth
in Section XIV. below, the Contractor shall maintain the following:
1. Records of employment, employment advertisements, application forms, and other pertinent
data, records and information related to employment,.'applications for employment or the
administration or delivery of services or any other benefits under this Contract; and
2. Records, including written, quotes, bids, estimates or proposals submitted to the'Contractor
by all businesses seeking to participate on this-Contract, and any other information
necessary to document the actual use of and payments to subcontractors and suppliers in
this Contract, including employment records.
The County may visit, at any mutually agreeable time, the site of the work and the Contractor's
office to review the foregoing records. The Contractor shall provide every assistance requested by
the County during such visits. In all other respects, the Contractor shall make the foregoing
records availableto the County for inspection and.copying upon request. If this Contract involves
federal funds, the Contractor shall comply with all record keeping requirements set forth in any
federal rules, regulations or statutes included or referenced in the contract documents.
C. Except as provided in Section VII of this Contract, the records listed in A and B above shall be
maintained for a period of six (6) years after termination hereof unless permission to destroy them
Agency Services -EHS1813 Page - 3 of 14
is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW)
Chapter 40.14.
' D. Medical records shall be maintained and preserved by the Contractor in accordance with state and
' federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and
standard medical records practice. If the Contractor ceases operations under this Contract, the
Contractor. shall be responsible for the disposition and maintenance of such medical records.
E. The Contractor shall provide right of access to its facilities-including those of any subcontractor
assigned any portion of this Contract pursuant to Section XIII-to the County, the state, and/or
federal agencies or officials.at all. reasonable times in order to monitor and evaluate the services
provided under this Contract. The County will give advance notice to the Contractor in the case of
fiscal audits to be conducted by the County.
F. The records and documents with respect to all matters covered by this Contract shall be subject at
all time to inspection, review, or audit by the County and/or federal/state officials so authorized by
law during the performance of this Contract and six (6) years" after termination hereof, unless a .
longer retention period is required by law.
G. The Contractor agrees to cooperate with the County or its agent in the evaluation of the
Contractor's performance under.this Contract and to make available all information reasonably
required by any such evaluation process. The results and records of said evaluations shall be
maintained and disclosed in accordance with RCW Chapter 42.56.
H. The Contractor_agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state and
federal law.
VII. Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA)
Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 Code of
Federal Regulations (CFR) Parts 160 and 164.
A. Obligations and Activities of the Contractor
1. The Contractor agrees not to use or disclose protected health information other than as
permitted or required by this Contract, HIPAA and the Health Information Technology for
Economic and. Clinical Health Act (HITECH). The Contractor shall use and disclose
protected health information only if such use or disclosure, respectively, is in compliance
with each applicable requirement of 45 CFR § 164,504(e). The Contractor is directly
responsible for full compliance with the privacy provisions of HIPAA and HITECH that apply
to business associates.
2. The Contractor agrees to implement administrative, physical, and technical safeguards that
reasonably and appropriately ,protect the confidentiality, integrity, and availability of the
protected health information that it creates, receives,, maintains, or transmits on behalf of the
County as required, by 45 CFR, Part 164, Subpart C. The Contractor is directly responsible
for compliance with the security provisions of HIPAA and HITECH that apply to business
associates, including sections 164.308, 164.310, 164.312, and 164.316 of title 45 CFR.
3. Within two (2) business days of the discovery of a breach as defined at 45 CFR § 164.402
the Contractor shall notify the County of any breach of unsecured protected health
information. The notification; shall include the identification of each individual whose
unsecured protected health information 'has been, or is reasonably believed by the
Contractor to have been, accessed, acquired, or disclosed during such breach; a brief
description of what happened, including the date of the breach and the date of the discovery
of .the breach, if known; a description of the, types of unsecured protected health information
that were involved in the breach (such as whether full name, social security number, date of
i birth, home address, account number, diagnosis, disability code, or other types of
information were involved); any steps individuals should take to protect themselves from
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potential harm resulting from the"breach; 'a brief description of what the Contractor is doing
to investigate the breach, to mitigate .:harm to individuals, and to protect against any further
breaches; the-contact procedures of the Contractor for individuals to ask questions or learn
additional information, which shall include atoll free-number, an e-mail address, Web site, or
postal address; and any other information required to be provided to the individual by the
County pursuant to 45 CFR § 164.404, as amended. A breach shall be treated as discovered
_ in accordance with the terms of 45 CFR § .164.410. The information shall be updated
promptly and provided to the County as requested by the County.
` 4. The Contractor agrees to mitigate; to the extent practicable, any harmful effect that is known
to the Contractor-of a use or disclosure of protected health information by the Contractor in
violation of the requirements of this Contract or the law.
5. The Contractor agrees to report in writing all unauthorized or otherwise improper disclosures
of. protected health information or security incident to the County within two days of the
Contractor knowledge of such event.
6. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it.
provides protected health information received from, or created or, received by the Contractor
on behalf of the County, agrees to the same restrictions and conditions that apply through
this Contract to the Contractor with respect to such information.
7. The Contractor agrees to make available protected health information in accordance with 45
CFR § 164.524.
8. The Contractor agrees to make available protected health information for amendment and
incorporate any amendments to protected health information in accordance with 45 CFR §
164.526.
9. The Contractor agrees to make internal practices, books, and records, including policies and
procedures and protected health information, relating to the use and disclosure of protected
health. information received from, or created or received by the Contractor on behalf of King
County, available to the Secretary, in a reasonable time and manner for purposes of the
Secretary determining King County's compliance with HIPAA, HITECH or this Contract.
10. The Contractor agrees to make available the information required to provide an accounting
of disclosures in accordance with 45 CFR §164.528. Should an individual make a request to
the County for an accounting of disclosures of his or her. protected health information
pursuant to 45 CFR §.164.528, Contractor agreesto_ promptly provide an accounting, as
specified under 42.U.S.C § 17935(c)(1) and 45 CFR §164.5281_of disclosures of protected
health information that have been made by the Contractor acting on behalf of the County.
The accounting shall be provided by the Contractor to the County or to the individual, as
'.j directed by the County.
B. Permitted Uses and Disclosures by Business Associate
The Contractor may use or disclose protected health information to perform functions, activities, or
services for, or on behalf of, King County as specified in this Contract, provided that such use or
disclosure would not violate HIPAA if done by King County or the minimum necessary policies and
procedures of King County.
C. Effect of Termination
1. Except as provided in paragraph C.2. of this Section, upon termination of this Contract, for
any reason, the Contractorshall-return or destroy all protected health,information received
?j from the County, or created or received by the Contractor on behalf of the County. This
provision shall apply to protected health information that is in the possession of
"i subcontractors or agents of the Contractor. The Contractor shall retain no copies of the
;i protected health information.
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C,
2. In the event the Contractor determines that returning or destroying the protected health
information is infeasible; the Contractor shall provide to King County notification of the
conditions that make return or destruction infeasible. Upon notification that return or
destruction of protected health information is infeasible, the Contractor shall extend the
protections of the Contract to such protected health information and limit further uses and
disclosure of such protected health information to'those purposes that make the return or
destruction infeasible, for so long as the Contractor maintains such protected health
information.
D. Reimbursement for Costs Incurred Due to Breach
Contractor shall reimburse the County, without limitation, for all costs of investigation, dispute
resolution, notification of individuals, the media, and the government, and expenses incurred in
responding to any audits or other investigation relating to or arising out of a breach of unsecured
protected health information by the Contractor.
VIII. Audits
A. If the Contractor or subcontractor is a municipal entity or other government institution or
jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total
of.$500,000 or more in federal financial assistance and has received federal financial assistance
from the County during its fiscal year,,then the Contractor or subcontractor shall meet the
respective A-133 requirements described in subsections VIILB: and VIII.C.
B. If the Contractor is anon-profit organization, it shall have an'independent audit conducted of its
financial statement and condition, which shall comply with the requirements of GAAS (generally
accepted auditing standards); GAO's Standards for Audits of Governmental Organizations,
Programs, Activities,.and Functions; and OMB Circular A-133, as amended, and as applicable.
The. Contractor shall provide a copy of the audit report to each County division providing financial
assistance to the Contractor no later than six (6) month s'subsequent to the end of the Contractor's
fiscal year. The Contractor shall provide to the County,its response and corrective action plan for
all findings and reportable conditions contained in its audit. When reference is made in its audit to
a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide
copies of those communications and the Contractor's response and corrective action plan.
Submittal of these documents shall constitute compliance with subsection VIII.A.
C. If the Contractor is .a municipal entity or other government institution or jurisdiction, it shall submit
to the County a copy of.its annual report of examination/audit, conducted by the Washington State
Auditor,.within thirty (30) days of receipt, which submittal shall constitute compliance with
subsection VIII.A.
D. If the Contractor, for-profit or, non-profit, receives in excess of $100,000 in funds during its fiscal
year from the County, it shall provide a fiscal year financial statement prepared by an independent
Certified` Public Accountant or Accounting Firm within six (6) months subsequent to the close of the
Contractor's fiscal year.
E. Additional audit or review. requirements which may be imposed on the County will be passed on to
the Contractor and the Contractor will be required to comply with any such requirements.
IX. Corrective'Action
If the County determines that ,a breach of contract has occurred, that is, the Contractor has failed to
comply with any terms or conditions of this Contract or the Contractor has failed to provide in any
manner the, work or services agreed to herein, and if the County deems-said breach to warrant corrective
action, the following sequential procedure will apply:
A. The County will notify the Contractor in writing of the nature of the breach;
The Contractor shall respond in writing within three (3) working days of its receipt of such
+ notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for bringing the
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Contract into compliance, which date'shall not be' more than ten (10) days from the date of the
Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in
the number of days to complete the corrective actions;
B. The County will notify-the Contractor in writing of the County's determination as to the sufficiency
of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's
corrective action plan shall be at the sole discretion of the County;
C. In the event that the Contractor does not respond within the. appropriate time with a corrective
action plan, or the Contractor's corrective action plan is determined by the County to be
insufficient, the County may commence termination of this Contract in whole or in part pursuant to
Section II.C.;
D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor
from incurring additional obligations of funds until the County is satisfied that corrective action has
been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section II. Subsections B, C, D, and E.
X. Dispute Resolution
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that
arise in connection with this Contract. Both parties will make a good,faith effort to continue without delay
to carry out their, respective responsibilities under this Contract while attempting to resolve the dispute
under this section.
XI. Hold Harmless and Indemnification
A. In providing services under this Contract, the Contractor is an independent Contractor, and neither
it nor its officers, agents, employees, or subcontractors are, employees of the County for any
purpose. The Contractor shall be responsible for all federal and/or, state tax, industrial insurance,
and Social Security liability that may result from the performance of and compensation for these
services and.shall make no claim of career service or civil service rights which may accrue to a
County employee under state orlocal law.
The County assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by, or-on behalf of the Contractor, its employees, subcontractors and/or others by reason of
this Contract. The Contractor. shall protect, indemnify, and save harmless the County, its officers,
agents, and employees from and against any. and all claims, costs, and/or losses whatsoever
occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages,
benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or
supplies by Contractor employees or other suppliers in connection with or support of the
performance of this Contract.
B. The Contractor further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional act,
and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its
officers, employees,, agents, or subcontractors. This duty to repay the County . shall not be
diminished or extinguished by the prior termination of the Contract pursuant to the Duration .of
Contract or the Termination section.
C. The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and
agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in
any way resulting from, the negligent acts or omissions of the Contractor, its officers„ employees,
subcontractors and/or agents in its performance or non-performance of its obligations under this
Contract In the event the County incurs any judgment, award, and/or cost arising therefrom
including attorneys' fees to enforce the. provisions of this article, all such fees, expenses, and costs
shall be recoverable from the Contractor.
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D. The County shall defend, indemnify,'and'hold harmless the Contractor, its officers, employees, and
agents from any and all costs, claims, judgments; and/or,awards of damages, arise out of, or in
any way result from, the negligent acts or omissions of the County, its officers, employees, or
agents in its performance or non'-performance of its obligations under this Contract. In the event
the Contractor incurs any judgment, award; and/or cost arising therefrom including attorneys' fees
to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
from the County.
E. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Contract.
F. The indemnification, protection, defense and save-harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
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XII. Insurance Requirements
A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration
of this Contract, insurance against claims for injuries to persons or damages to, property which may
arise from, or in connection with, the performance of work hereunder by the Contractor, its agents,
representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by
the Contractor or subcontractor. The-Contractor may furnish separate certificates of insurance and
policy endorsements for each subcontractor as evidence of compliance with the insurance
requirements of this Contract. The Contractor is responsible for ensuring compliance with all of
the insurance requirements stated herein. Failure by the Contractor, its agents, employees,
officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance
requirements stated herein shall constitute a material breach of this Contract.
B. Minimum' Scope and Limits of Insurance
By requiring such minimum insurance, the County shall not be deemed or construed to have
assessed the risks that may be applicable to the Contractor: under this Contract. The Contractor
I+ shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits
and/or broader coverage.
Coverage shall be at least as broad as:
1. Commercial General Liability:
Insurance Services Office form number (CG 00 01 current edition or its equivalent) covering
'i COMMERCIAL.GENERAL LIABILITY.
Minimum Limit: $1,000,000 combined single limit per occurrence by bodily injury,
personal injury, and property damage, and toe those policies with aggregate limits, a
$2,000.000. aggregate limit.
2. Professional Liability:
Professional Liability, Errors, and Omissions coverage. In the event that services delivered
pursuant to this, Contract either directly or indirectly involve or require professional services,
Professional Liability, Errors, and Omissions coverage shall be provided.
` Minimum Limit: $1,000,000 per claim and in the aggregate.
3. Automobile Liability:
In the event that services delivered pursuant to this Contract require the use of a vehicle or
involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or
non-owned vehicles, the Contractor shall provide evidence of the appropriate automobile
coverage.
Insurance Services Office form number (CA 00 01 current edition or its equivalent) covering
BUSINESS AUTO COVERAGE,. symbol 1 "any auto"; or the appropriate coverage provided
by symbols-2, 7, 8, or 9.
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Minimum Limit: $1.000.000 combined single limit per accident for bodily injury and
property damage.
4. Workers' Compensation:
Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of
Washington, as well as any similar coverage required for this work by applicable federal or
"Other States" state law.
Minimum Limit: Statutory requirements of the state of residency.
5. Stop Gap/Employers Liability:
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds,
the protection provided by the "Stop Gap" endorsement to the general liability policy.
Minimum Limit: $1,000,000
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by, the County. The
deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to
the County and shall be the sole responsibility of the Contractor.
D. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to contain, the
following provisions:
1. Liability Policies (Except Workers Compensation and Professional/Errors and Omissions)
a. The County, its officers, officials, employees, and agents are to be covered as
additional insureds as respects liability arising out of activities performed by or on
behalf of the Contractor in connection with this Contract. (CG 2010 11/85 or its
equivalent)
b. The Contractor's insurance coverage shall be primary insurance as respects the
County, its officers, officials, employees, and agents. Any insurance and/or self-
insurance maintained by the County, its offices, officials, employees, or agents shall
not contribute with the Contractor's insurance or benefit the Contractor in any way.
C. The Contractor's insurance shall apply separately to each insured against whom claim
is made and/or lawsuit is brought, except with respect to the limits of the insurer's
liability.
2. All Policies
a. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits,
except by the reduction of the applicable aggregate limit by claims paid, until after
forty-five (45) days prior written notice has been given to the County.
b. Each insurance policy shall be written on an "occurrence" form; except that insurance
on a "claims made" form may be acceptable with prior County approval.
If coverage is approved and purchased on a "claims made" basis, the Contractor
warrants continuation of coverage, either through policy renewals or the purchase of
an extended discovery period, if such extended coverage is available, for not less than
three (3) years from the date of Contract termination, and/or conversion from a "claims
made" form to an "occurrence" coverage form.
E. Acceptability of Insurers
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Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests'
rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of
Bests' surplus. size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests'
rating of B+VIL ' Any exception must be approved by. King County.
t If, at any time, the foregoing policies shall fail to meet the above minimum requirements the
Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall
_r. submit the same to the County, with-appropriate certificates and endorsements, for approval.
F. Verification of Coverage
The Contractor shall furnish the County certificates of insurance and endorsements required by
this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as
exhibits to.the Contract. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on forms approved by, the County prior to the
commencement of activities associated with the Contract. The County reserves the right to require
} complete, certified copies of all required insurance policies at any time.
G. Municipal or State Contractor Provisions
If the Contractor is a Public Agency, 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.
H. Insurance for Subcontractors
If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the Contractor
shall, include all subcontractors as insureds under its policies or shall require separate certificates
} of insurance and policy, endorsements from each subcontractor. Insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of this Contract shall
be subject to all of the requirements:stated herein.
1. All Coveraaes and Requirements
Nothing contained within these insurance-.requirements shall be deemed to limit the scope,
application and/or limits of the coverage afforded by said policies, which coverage will apply to
each insured to the full extent provided by the terms and conditions of the policy(s). Nothing
contained within this provision shall affect and/or alter the application of any other provision
contained within this Contract.
XIII. Assignment/Subcontracting
A. The Contractor shall not assign or subcontract any portion of this Contract or-transfer or assign
any claim, arising `pursuant to this Contract without the written consent of the County. Said consent
must be sought in writing by the Contractor not'less than fifteen (15) days prior to the date of any
proposed assignment.
B. "Subcontract", shall mean any agreement between the Contractor and a subcontractor or between
subcontractors that is based on this Contract, provided that the term "subcontract" does not
include the. purchase of (1) supportservices not related to the subject matter of this Contract, or (2)
supplies.
C. The Contractor shall include Sections.III.D., IV, V, VI, VII, Vlll, XI, XII, XIV, XV, XXI, and XXV, in
every subcontract or purchase agreement for services that relate to the subject matter of this
Contract.
D. The Contractor agrees to include the following language verbatim in every subcontract, provider
agreement, or purchase agreement for services which relate to the subject matter of this Contract:
` Agency Services -EHS1813 Page - 10 of 14
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"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of damages
arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its
officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor
expressly agrees and understands that King County is a'third party beneficiary to this Contract and
shall have the right to bring an action against subcontractor to enforce the provisions of this
paragraph."
XIV. Nondiscrimination
The Contractor shall comply with all applicable federal, state and local laws regarding discrimination.
XV. Nondiscrimination -in Subcontracting Practices
A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women
Business (M/WBE) utilization requirements shall apply to this Contract. No minimum level of
M/WBE subcontractor participation or purchase from'M/WBE-certified vendors is required and no
preference will be given by the County to a bidder or-proposer for their M/WBE utilization or
M/WBE status. The completion of County M/WBE forms which may be included in the Contract
documents is not required. Provided, however, that any affirmative action requirements set forth in
any federal regulations or statutes included.or referenced in the Contract documents will continue
to apply.
B. During the term of this Contract, the Contractor shall not create barriers to open and fair
opportunities for M/WBEs to participate-in all County contracts and to obtain or compete for
contracts and subcontracts as sources of supplies, equipment, construction and services. In
considering offers from and doing business with subcontractors and suppliers, the Contractor shall
not discriminate against any person on the basis of race, color, creed, religion, sex, age,
nationality, marital status, sexual orientation or the presence of any disability in an otherwise
qualified disabled person.
C. The Contractor shall maintain, until at least 12 months after completion of all work under this
Contract, records and information necessary to document its level of utilization of M/WBEs and
other businesses as subcontractors and suppliers.in this Contract and in its overall public and
private business activities., The Contractor shall also maintain, until 12 months after completion of
all work under this Contract, all written quotes, bids, estimates or proposals submitted to the
Contractor by all businesses seeking to participate in this Contract. The Contractor shall make
such documents available to the County for inspection and copying upon request. If this Contract
involves federal funds, Contractor shall comply with all record keeping requirements set forth in
any federal rules, regulations or statutes included or referenced in the Contract. documents.
D. King County encourages the Contractor to utilize small businesses, including Minority-owned and
Women-owned Business Enterprises ("M/WBEs") in County contracts. The Washington State
Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified
M/WBEs. Contact OMWBE office at (360) 753-9693 or on-line through the.web site at
www.wsdot.wa.gbv/omwbe/.
E. Any violation of the mandatory requirements of the provisions of this Section shall be a material
breach of Contract for which the Contractor may be subject to damages and sanctions provided for
by Contract and by applicable law.
XVI. Conflict of Interest
A. The Contractor,, agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with
any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in
termination of this Contract pursuant to Section II and subject the Contractor to the remedies
stated therein, or otherwise available to the County at law or in equity.
B. The Contractor agrees, pursuant to KCC 3.04.060, that it.will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable consideration, thing
Agency Services -EHS1813 Page - 11 of.14
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of value or gift, whether in the form of services, loan, thing, or promise, in any form to any county
official or employee. The Contractor acknowledges that if it is found to have violated the
prohibition found in this paragraph, its current contracts with the county will be cancelled and it
shall not be able to bid on any county contract for a period of two years.
C. The Contractor acknowledges that for one. year after leaving County employment, a former county
employee may not have a financial or beneficial interest in a contract or grant that was planned,
authorized, or funded by a county action in which the former county employee participated during
county employment. Contractor shall identify at the time of offer current or former County
employees involved in the preparation of proposals or the anticipated performance of Work if
awarded the Contract. Failure to identify current or former County employees involved in this
transaction may result in the County's denying or terminating this Contract. After Contract award,
the Contractor is responsible for notifying the, County's Project Manager of current or former
County employees who may become involved in the Contract any time during the•term of the
Contract.
XVII. Equipment Purchase, Maintenance, and Ownership
A. The Contractor agrees that any, equipment purchased, in whole or in part, with Contract funds at a
cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a
Contract budget item, is upon its purchase or receipt the property of the County and/or
federal/state government.
B. The Contractor shall be responsible for all such property, including the proper care and
maintenance of the equipment.
C. The Contractor shall ensure that all such equipment will be returned to the County or federal/state
government upon termination of this Contract unless otherwise agreed ;upon by the parties.
D. The County will provide property tags so Contractor can'mark property. The Contractor shall admit
County staff to the Contractor's premises for the purpose of confirming property has been marked
with County property tags. The. Contractor shall establish and maintain inventory records and
transaction, documents (purchase requisitions, packing slips, invoices, receipts) of equipment
purchased with Contract funds. J
XVIII. Proprietary Rights
The, parties to,this Contract hereby mutually agree that if any patentable or copyrightable material or
_ article should result from the work described herein, all rights accruing from such material or article shall
be the. sole property of the party that produces such material or article. If any patentable or
copyrightable material or article should result from the work described herein and is jointly produced by
both parties; all rights accruing from such material or article shall, be owned in accordance with US
Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive,
and. royalty-free. license to use, according to law, any material or article and use any method that may be
developed as part of the work underthis Contract.
The foregoing products license shall not apply to, existing training materials, consulting aids, checklists,
and other materials and documents of the Contractor which are modified for use in the performance of
this Contract.
The foregoing provisions of this section shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Contractor that are not modified for use in the
performance of this Contract.
XIX. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Contract shall
be used for any partisan political activity or to further the election or defeat of any candidate for public
office.
XX. King-County Recycled Product Procurement Policy
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In accordance with. King.County Code 10.16; the Contractor, shall-use recycled paper for the production
of all printed and photocopied documents related to the fulfillment of this Contract: In addition, the
a Contractor shall use both sides of paper sheets for copying and printing and shall use
recycled/recyclable products wherever practical in the fulfillment of this Contract.
XXI. Future Support
The County makes no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted herein except as expressly set forth in this
Contract.
XXII. Entire 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 or breach of any provision of the
Contract shall not be deemed to be a waiver of any otheror subsequent breach and shall not be
construed to be a modification of the terms of the Contract unless stated to be such through written
approval by the County, which shall be attached to the originalbontract.
XXI11. Contract Amendments
Either party,may request changes to this Contract. Proposed changes which are mutually agreed upon
shall be incorporated by written amendments to this Contract.
XXIV. Notices
Whenever this Contract provides for notice to be provided by one party to another, such notice shall be
r' in writing-and directed to the chief executive office of the Contractor and the project representative of the
County department specified on,page one. of this Contract. Any time within which a party must take some
action shall be computed from the date that the. notice is received by said party.
XXV. Services Provided in Accordance with Law and Rule and Regulation
The Contractor and any subcontractor agree to. abide by the laws of the state of Washington, rules and
regulations promulgated thereunder, and regulations.of the'state and federal governments, as
applicable, which control disposition of funds:granted under this Contract, all of which are incorporated
' herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or attachment to
this Contract, the language in the Contract shall have control over the language contained in the exhibit
or the attachment; unless the parties affirmatively agree. in writing to the contrary.
XXVI.Applicable Law
This contract shall.be construed and interpreted in accordance with the laws of the State of Washington.
The venue. for any action hereunder shall be in the Superior Court for King County, Washington.
IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract:
KING COUNTY City of Auburn
' FOR
King County Executive Signature
j.
y.
Date NAME (Please type or print)
i Date
Agency Services -EHS1813 Page - 13 of 14
Approved as to Form:
OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
PHSKC Contract # D40572D - Local Hazardous Waste Management Program
Agency Services -EHS1813 Page - 14 of 14
EXHIBIT A
MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS
WASTE MANAGEMENT PROGRAM FOR 2011 ACTIVITIES
The Local Hazardous Waste Management Plan (hereafter referred 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 partner 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 assist in the promotion of natural yard care to one Auburn
neighborhood, and create and mail a newsletter to Auburn residents on the proper disposal of
household hazardous waste, the E-Cycle Washington Program and the use of less toxic and green
cleaning product options.
Responsibilities of the Parties
The responsibilities of the parties to this Contract shal I 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 and funds expended in
accordance with the scope of work.
c) Copies of invoices for expenditures or a financial statement prepared by the
City's finance department. The financial statements should include vendor
names, a description of services provided, date paid and a check or warrant
number.
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D40572D EHS1813
3. The City shall notify the Contract Administrator no later than December 15`" regarding the
amount of outstanding expenditures for which the City has not yet submitted a
reimbursement request.
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 local
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 Joan Nelson at the City of Auburn, 25 W Main Street,
Auburn, at (253) 931-5103, aenelson@auburnwa.gov) 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 ten (10) working 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.
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D40572D EHS1813
C. Program Contacts
Jay Watson Paul Shallow
LHWMP Program Administrator LHWMP Contract Administrator
150 Nickerson Street, Suite 100 401 Fifth Avenue, Suite 1100
Seattle, WA 98109 Seattle, WA 98104
206-352-8163 206-263-8487
jav.watsonla~kingcounty.gov paul.shallowamkinecounty.gov
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D40572D EHS1813
EXHIBIT B
Budget/Invoice
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
From: The City of Auburn
25 W Main Street,
Auburn, WA 98001-4998
To: Paul Shallow, LHWMP Contract Administrator
Seattle-King County Department of Public Health
401 Fifth Avenue, Suite 1100
Seattle, WA 98104
Contract #D40572D
Period of time: , 2011 to , 2011.
In performance of a signed Contract between King County and the City of Auburn, I hereby certify that
the following expenses were incurred during the above-mentioned period of time.
Signature Date
Component Budget Current Expenses Previous Charges Balance
Description
$19,693.38
HHW Education
HHW Collection
$19,693.38
TOTAL
For Health Department Use Only
Local Hazardous Waste Management Program Approval:
Paul Shallow Date
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