HomeMy WebLinkAbout12-12-2011 Agenda Packet Municipal Services Committee December 12, 2011 - 3:00 PM City Hall Conference Room 3 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. Minutes November 28, 2011 Meeting* III.ACTION A. Ordinance No. 6395* (Coleman) An Ordinance of the City Council of the City of Aub urn, Washington, correcting language in Ordinance No. 6367, amending Section 8.08.180A o f the Auburn City code relating to residential garbage and recycling service charges B. Resolution No. 4780* (Coleman) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor to execute a Services Contract with the Seattle-Kin g County Department of Public Health for reimbursement of funds related to 2012 Local Ha zardous Waste Management Program activities C. Resolution No. 4781* (Coleman) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the acceptance and appropriation of grant funds in the amount of One Hundred Twelve Thousand Seven Hundred Seventy Two Dollars ($112,77 2.00), and authorizing the Mayor and City Clerk to execute an Interlocal Agree ment between King County and the City of Auburn to accept said funds for implementat ion of the 2012-2013 Waste Reduction and Recycling Grant Program D. VADIS Service Agreement AG -S -053* (Coleman) IV.DISCUSSION ITEMS A. Matrix* V.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov ), and via e-mail. Complete agenda packets are avai lable for review at the City Clerk's Office. *Denotes attachments included in the agenda packet.
AGENDA BILL APPROVAL FORM Agenda Subject: Minutes November 28, 2011 Meeting Date: November 29, 2011 Department: Police Attachments: Minutes November 28, 2011 Meeting Budget Impact: $0 Administrative Recommendation:For Info Only Background Summary:Reviewed by Council Committees:Councilmember:Staff:Meeting Date:December 12, 2011 Item Number:CA.0 AUBURN * MORE THAN YOU IMAGINED CA.0
Municipal Services Committee November 28, 2011 - 3:00 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER A. Roll Call Chair Peloza called the meeting to order at 3 p.m. in Conference Room 3 on the second floor of City Hall, 25 West Main Street, Auburn WA. Members present : Chair Bill Peloza, Vice Chair Sue Singer, Member John Partridge. Staff present : Mayor Peter Lewis, Chief of Police Bob Lee, Director of HR/Risk Management Brenda Heineman, Fin ance Director Shelley Coleman, Solid Waste & Recycling Coordinator Joan Nelson, Financia l Services Manager Rhonda Ewing, Police Secretary/Scribe Kathy Emmert. Others present : Councilmember Virginia Haugen, Councilmembers elect Largo Wales, Wayne Osborne, Jo hn Holman and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. Minutes November 14, 2011 Meeting Vice Chair Singer moved to accept the Minutes as wr itten. Member Partridge seconded. Chair Peloza concurred. MOTION CARRIED: 3-0 III. DISCUSSION ITEMS A. Resolution No. 4775 (Heineman) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor and City Clerk to execute and publish an amended deferred compensation plan for the City of Auburn t hat complies with the new provisions of federal law that deal with the go vernment deferred compensation plans The Committee supports Resolution No. 4775 which am ends the City employee deferred compensation program in keeping with applicable fed eral law.Program will be retroactive to January 2011. B. Direct Billing for Garbage Disposal (Coleman) The City in conjunction with MSWMAC's review proces s is considering the possibility of direct billing for tipping fees of solid waste versus the current method which is through the hauler. As Page 1 of 2 CA.0
additional information, pros and cons are assessed and a review of the City's solid waste rates occurs the Committee will make its recommendation t o the full Council. C. VADIS Service Agreement AG-S-053 (Coleman) The Committee supports the renewal of this contrac t with some recommended changes to the language for clarification, i.e. Scope of Work and Responsibilities. There are some tasks Councilmembers would like to see being accomplished however there are considerations of safety and other factors. The topic of these additional i tems will be on the January 9 agenda. D. Golf Course Working Capital Review (Coleman) The Committee reviewed the documentation provided b y Finance. It is anticipated that the report of the consultant who recently conducted an on-site visit will be available in early December. The Committee agreed to change the review of the Golf C ourse to a quarterly basis with the next review being in April 2012. This will allow suffic ient time not only for new Council/Committee members to become familiar with the issues but curr ent Committee members and staff will have ample time to review the consultant's recommendatio ns. E. Waste Management Re-Route (Coleman) The map of the revised routes has not been received . Once it has been, it will be brought back to the Committee. F. Matrix The Matrix is revised as follows: Item 28P - The status has been amended adding w ording that through MSWMAC input regarding the possible direct billing for tipping f ees versus payment of these fees through the hauler will be discussed and included in the June 2 012 review of the solid waste rates. Item 29P - The status has been amended to includ e language indicating anticipation of the receipt of the report from the consultant for discu ssion at the December 12 meeting. Also, the review will now move to a quarterly basis with the next review set for the second meeting in April. This will coincide with other quarterly reports on the Matrix. IV. ADJOURNMENT The meeting adjourned at 3:58 p.m. The next meeting of the Municipal Services Committe e will be on December 12, 2011 at 3 p.m. There will be no meeting on December 27, 2011. Signed this _____ day of _______________________201 1 _________________________________ _____________________________________ Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe Page 2 of 2 CA.0
AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6395 Date: December 5, 2011 Department: Finance Attachments: Ordinance No. 6395 Budget Impact: $0 Administrative Recommendation:Muni Services forward to full Council with recommen dation to adopt.Background Summary:Ordinance No. 6395 corrects language in Ordinance N o. 6367 pertaining to the rates for residential 35-gallon garbage service in 2012 and 2 013. The rate for residential 35-gallon service in 2012 should be $13.67 and the rat e in 2013 should be $14.22. O4.7, F4.3 Reviewed by Council Committees:Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:December 12, 2011 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINED ACT.A
------------------------------ Ordinance No. 6395 November 22, 2011 Page 1 of 4 ORDINANCE NO. 6 3 9 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CORRECTING LANGUAGE IN ORDINANCE NO. 6367, AMENDING SECTION 8.08.180A OF THE AUBURN CITY CODE RELATING TO RESIDENTIAL GARBAGE AND RECYCLING SERVICE CHARGES WHEREAS, the City provides for refuse and garbage ser vices; and WHEREAS, the City adopted Ordinance 6367, setting fo rth solid waste rates; and, WHEREAS, one of the codified rates did not properly reflect the intended changes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AU BURN, WASHINGTON, DO ORDAIN as follows: Section 1. Correction of Earlier Ordinance . The codified monthly charge in Section 8.08.180A for Residential Garbage an d Recycling, one 35-gallon cart, one pickup per week, currently states the 201 2 charge as $16.81, and the 2013 charge as $17.48. These service charges were reflected in Ordinance 6367 without being shown as an addition by strike-out and underline. Therefore, the legally effective rate for all three years would be $12.75. It is the intent of the City Council to correct this error by incr easing the service charges, consistent with the changes to the other service charges, as follows: effective January 1, 2012, the current charge of $12.75 shall be increased to $13.67 and effective January 1, 2013, the charge of $13.67 shall be increased to $14.22. ACT.A
------------------------------ Ordinance No. 6395 November 22, 2011 Page 2 of 4 Section 2. Amendment to City Code. That, effective January 1, 2012, the subsection of Section 9 of Ordinance 6367 and Sectio n 8.08.180A of the Auburn City Code related to residential garbage and recycling service charges be and the same hereby is amended to read as follows: 8.08.180 Collection charges – Residential and comme rcial collections. A. Services and charges herein shall become effecti ve for each account on January 1, 2012. Upon this date, services shall be provided at the 35-gallon can service rate unless the finance department is notified otherwise by the ten ant or property owner. Likewise, unless the finance department is otherwise notified, services will automatically revert to the 35-gallon can service rate upon a change in property tenancy or o wnership. Rates to be charged by the city for solid waste services shall be as follows: Type of Service Monthly Charge Residential Garbage and Recycling One 10-gallon micro-can, one pickup per week $5.30 One 20-gallon mini-cart, one pickup per week $10 .77 One 35-gallon cart, one pickup per week $12.75 $13.67 One 64-gallon cart, one pickup per week $30.21 One 96-gallon cart, one pickup per week $42.10 Each extra container of up to 32 gallons, per picku p $10.83 Section 3. Amendment to City Code. That, effective January 1, 2013, the subsection of Section 10 of Ordinance 6367 and Se ction 8.08.180A of the Auburn City Code related to residential garbage and recycling service charges be and the same hereby is amended to read as follows: 8.08.180 Collection charges – Residential and comme rcial collections. A. Services and charges herein shall become effecti ve for each account on January 1, 2013. Upon this date, services shall be provided at the 35-gallon can service rate unless the finance department is notified otherwise by the ten ant or property owner. Likewise, unless the finance department is otherwise notified, services will automatically revert to the 35-gallon can ACT.A
------------------------------ Ordinance No. 6395 November 22, 2011 Page 3 of 4 service rate upon a change in property tenancy or o wnership. Rates to be charged by the city for solid waste services shall be as follows: Type of Service Monthly Charge Residential Garbage and Recycling One 10-gallon micro-can, one pickup per week $5.51 One 20-gallon mini-can, one pickup per week $11.20 One 35-gallon cart, one pickup per week $13.67 $14.22 One 64-gallon cart, one pickup per week $31.42 One 96-gallon cart, one pickup per week $43.79 Each extra container of up to 32 gallons, per picku p $11.26 Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessa ry to carry out the directions of this legislation. Section 5. Interpretation and Severability. This ordinance shall be read together with Ordinance 6367 in such a manner t hat full effect shall be given to both ordinances. The changes indicated by double str ike-out and double underline are intended to amend the applicable provi sions of Ordinance 6367 as well as the applicable portions of Chapter 8.08 of the City Code. All other provisions of Ordinance 6367 remain in effect without regard to the strike-out and underlines contained in this ordinance. The City Clerk a nd/or code reviser shall be authorized to make appropriate changes to the City Code to effect the changes expressed herein. The provisions of this ordinance are declared to be sep arate and severable. The invalidity of any clause, sentence, para graph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to ACT.A
------------------------------ Ordinance No. 6395 November 22, 2011 Page 4 of 4 any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to othe r persons or circumstances. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ ACT.A
AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4780 Date: December 5, 2011 Department: Finance Attachments: Resolution Agreement Budget Impact: $0 Administrative Recommendation:Muni Services forward to full Council with recommen dation to adopt.Background Summary:Seattle-King County Department of Public Health req uests to enter into a contract with the City of Auburn for the Local Hazardous Waste Ma nagement Program. King County has extended $20,625.41 for the City to promote the Neighborhood Natural Yard Care Program to one neighborhood and mail informational postcards to residents and businesses. 1) Neighborhood Natural Yard Care Program. This program has been delivered to seven neighborho ods in the past. Three workshop presentations will be given to the Lakeland Hills n eighborhood. The presentations will focus on various yard care techniques that contribu te to personal and environmental health and safety. The Water and Storm Utilities al so contribute resources to this program. 2) Residential Hazardous Waste Postcard The Residential Hazardous Waste Postcard will inclu de information on proper disposal of household hazardous waste, less toxic cleaning p roducts, and options for disposing of unwanted medicines. The postcard will be mailed to single-family, multi-family, and mobile home park residents. 3) Business Hazardous Waste Postcard The Business Hazardous Waste Postcard will include information on proper hazardous waste disposal. The postcard will be mailed to all Auburn businesses. F5.3 Reviewed by Council Committees:Finance, Municipal Services AUBURN * MORE THAN YOU IMAGINED ACT.B
Councilmember:Peloza Staff:Coleman Meeting Date:December 12, 2011 Item Number:ACT.B AUBURN * MORE THAN YOU IMAGINED ACT.B
----------------------------- Resolution No. 4780 November 29, 2011 Page 1 of 2 RESOLUTION NO. 4780 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 2012 LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM ACTIVITIES. WHEREAS, the Seattle King-County Department of Pub lic Health has agreed to reimburse the City of Auburn in the amount of $20,62 5.41 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 Cit y to enter into a services contract which specifies the administrative procedures governing th e reimbursement of funds spent in the City’s Local Hazardous Waste Management Pro gram. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON , IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES A S 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 adm inistrative procedures as may be necessary to carry out the directions o f this legislation, including providing for the expenditure and appropriation the refore in appropriate budget documents. ACT.B
----------------------------- Resolution No. 4780 November 29, 2011 Page 2 of 2 Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2011. CITY OF AUBURN ___________________________________ PETER B. LEWIS MAYOR ATTEST: ___________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney ACT.B
King County Contract No. EHS2298 Federal Taxpayer ID No. 91-6001228 This form is available in alternate formats for people wi th disabilities upon request. KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION – 2012 Department Division Seattle-King County Dept. of Public Health (a.k.a. Public Hea lth – Seattle & King County)/EHS Contractor City of Auburn Project Title Local Hazardous Waste Management Program Contract Amount Twenty Thousand Six Hundred Twenty Five Dolla rs and Forty One Cents Contract Period Start date: 01/01/2012 End da te: 12/31/2012 THIS CONTRACT is entered into by KING COUNTY (the “County”), an d City of Auburn (the “Contractor”), whose address is 25 W Main St., Auburn, WA 98001-499 8. 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 HW - Incorporated Cities $20,625.41 1/1/2012 - 12/31/2012 TOTAL $20,625.41 1/1/2012 - 12/31/2012 and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2012 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: I Incorporation of Exhibits The Contractor shall provide services and comply with the requireme nts 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 • Exhibit C: Invoice B King County Required Forms • Exhibit D: Certificate of Insurance and Addition al Insured Endorsement II Term and Termination A This Contract shall commence on 01/01/2012, and shall termi nate on 12/31/2012, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. Contract # EHS2298 Page # 1 of 9 ACT.B
Contract # EHS2298 Page # 2 of 9 B This Contract may be terminated by the either party without ca use, in whole or in part, prior to the date specified in Subsection II.A. above, by prov iding the other party thirty (30) days advance written notice of the termination. C The County may terminate this Contract, in whole or in pa rt, 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 co sts 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 serv ices, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriate d or unexpended, which have been paid to the Contractor by the County. D If County or other expected or actual funding is wi thdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., th e County may, upon written notification to the Contractor, terminate this Contract in whole or in pa rt. 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 ren dered prior to the effective date of termination; and (2) the Contractor shall be release d from any obligation to provide such further services pursuant to the Contract as are affected by the t ermination. 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 Co ntract 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 party may have in the event that the obligatio ns, 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 completi on of the services and requirements specified in this Contract, payable in the foll owing manner: Upon receipt and approval of a signed invoice as set forth in Exhibit C 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 approva l 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 out standing reports within 90 days of the date this Contract terminates. If the Contractor’s final invoice an d 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 invo ice. 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 shall request prior approval 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 ACT.B
Contract # EHS2298 Page # 3 of 9 budget. Supporting documents necessary to ex plain fully the nature and purpose of the amendment must accompany each request for an amendment. E If travel costs are contained in the attached budge t, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1 The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed fo r business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciat ion 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, governmen t rates shall be requested. If the Contractor does not request government rates, the Contractor shall be person ally responsible for the difference. Please reference the federal web site for current rat es: 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 Regul ations, 41 CFR § 301, App.A. 3 Accommodation rates shall not exceed the federal lodging li mit 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 associat ed 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 account ing and internal controls which complies with applicable, generally accepted accounting principles, a nd governmental accounting and financial reporting standards. V Debarment and Suspension Certification Agencies receiving federal funds that are debarred, suspended, o r 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 d ebarment 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 deb arment, see Federal Acquisition Regulation 9.4. VI Maintenance of Records/Evaluations and Inspections A The Contractor shall maintain accounts and records, including p ersonnel, 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 w ith this Contract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the fo llowing: 1 Records of employment, employment adverti sements, application forms, and other pertinent data, records and information related to empl oyment, 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 proposal s 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 subcontra ctors 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 p rovide every assistance requested by the County during such visits. In all other respects, the Cont ractor shall make the foregoing ACT.B
Contract # EHS2298 Page # 4 of 9 records available to the County for inspection and copying upo n request. If this Contract involves federal funds, the Contractor shall comply with all record keepi ng requirements set forth in any federal rules, regulations or statutes included or referenced i n the contract documents. C Except as provided in Section VII of this Contract, the records l isted in A and B above shall be maintained for a period of six (6) years after termination here of unless permission to destroy them is granted by the Office of the Archivist in accordance with Re vised Code of Washington (RCW) Chapter 40.14. D Medical records shall be maintained and preserved by the Cont ractor 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 operati ons under this Contract, the Contractor shall be responsible for the disposition and mainte nance of such medical records. E The Contractor agrees to cooperate with the County or its ag ent 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 re sults and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F The Contractor agrees that all information, records, and d ata collected in connection with this Contract shall be protected from unauthorized disclosure in accord ance with applicable state and federal law. VII Compliance with the Health Insurance Portability Accountab ility Act of 1996 (HIPAA) The Contractor shall not use protected health information crea ted or shared under this Contract in any manner that would constitute a violation of HIPAA and any reg ulations enacted pursuant to its provisions. Contractor shall read and certif y compliance with all HIPAA requirements at http://www.kingcounty.gov/healthservices/health/partnerships/cont racts VIII Audits A If the Contractor or subcontractor is a municipal entity or othe r 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 r eceived federal financial assistance from the County during its fiscal year, then the Contractor or su bcontractor shall meet the respective A-133 requirements described in subsections VIII.B. and VI II.C. B If the Contractor is a non-profit organization, it shall ha ve an independent audit conducted of its financial statement and condition, which shall comply with t he requirements of GAAS (generally accepted auditing standards); GAO’s Standards for Audits of Governme ntal 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) months subsequen t to the end of the Contractor’s fiscal year. The Contractor shall provide to the County its re sponse and corrective action plan for all findings and reportable conditions contained in its au dit. 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 co rrective action plan. Submittal of these documents shall constitute compliance with subsection VIII.A. C If the Contractor is a municipal entity or other government i nstitution or jurisdiction, it shall submit to the County a copy of its annual report of examination/au dit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shal l 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 fisca l 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. ACT.B
Contract # EHS2298 Page # 5 of 9 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 w ith 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 Cont ractor 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) worki ng 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 prop osed completion date for bringing the 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 deter mined by the County to be insufficient, the County may commence termination of this Contra ct in whole or in part pursuant to Section II.C.; D In addition, the County may withhold any payment owed t he Contractor or prohibit the Contractor from incurring additional obligations of funds until the C ounty is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any righ ts 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 coop eratively 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 i ndependent Contractor, and neither it nor its officers, agents, employees, or subcontractors are emplo yees 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 o f and compensation for these services and shall make no claim of career serv ice 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 compen sation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcon tractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and s ave 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 Contracto r of work, services, materials, or supplies by Contractor employees or other s uppliers in connection with or support of the performance of this Contract. B The Contractor further agrees that it is financially responsibl e for and will repay the County all indicated amounts following an audit exception which occur s due to the negligence, intentional act, ACT.B
Contract # EHS2298 Page # 6 of 9 and/or failure, for any reason, to comply with the terms of thi s Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay t he County shall not be diminished or extinguished by the prior termination of the Co ntract pursuant to the Duration of Contract or the Termination section. C The Contractor shall defend, indemnify, and hold harmless t he 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 omi ssions 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. D The County shall defend, indemnify, and hold harmless th e 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 omissi ons 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 th erefrom including attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions tha t use or transfer of software, book, document, report, film, tape, or sound reproducti on 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. F Nothing contained within this provision shall affect and /or alter the application of any other provision contained within this Contract. G The indemnification, protection, defense and save harmless o bligations contained herein shall survive the expiration, abandonment or termination of this Agree ment. XII Insurance Requirements By the date of execution of this Contract, the Contractor shal l procure and maintain for the duration of this Contract, insurance against claims for injuries to persons o r damages to property which may arise from, or in connection with, the performance of work hereunder b y the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such in surance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certi ficates of insurance and policy endorsements for each subcontractor as evidence of co mpliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance w ith 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 requireme nts stated herein shall constitute a material breach of this Contract. Specific coverages and requirement s are at http://www.kingcounty.gov/healthservices/health/partnerships/con tracts; contractors shall read and certify compliance. XIII Assignment/Subcontracting A The Contractor shall not assign or subcontract any portion of t his Contract or transfer or assign any claim arising pursuant to this Contract without the writte n consent of the County. Said consent must be sought in writing by the Contractor not less than fif teen (15) days prior to the date of any proposed assignment. B “Subcontract” shall mean any agreement between the Contractor an d a subcontractor or between subcontractors that is based on this Contract, provided that the term “subcontract” does not include the purchase of (1) support services not related to the su bject matter of this Contract, or (2) supplies. ACT.B
Contract # EHS2298 Page # 7 of 9 C The Contractor shall include Sections III.D., IV, V, VI, VII, VIII, XI, XII, XIV, XV, XXI, and XXV, in every subcontract or purchase agreement for services that relate to th e 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 su bject matter of this Contract: “Subcontractor shall protect, defend, indemnify, and hold harml ess 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 a ct or omissions of subcontractor, its officers, employees, and/or agents in connection with or in su pport of this Contract. Subcontractor expressly agrees and understands that King County is a third part y beneficiary to this Contract and shall have the right to bring an action against subcontracto r to enforce the provisions of this paragraph.” XIV Nondiscrimination and Equal Employment Opportunity The Contractor shall comply with all applicable federal, stat e and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disabilit y, sexual orientation, gender identity or expression or age except by minimum age and retirement provis ions, unless based upon a bona fide occupational qualification. The Contractor will make equal employm ent opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, co lor, marital status, national origin, religious affiliation, disability, sexual orientat ion, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/healthserv ices/health/partnerships/contracts; contractors shall read and certify compliance. XV Conflict of Interest A The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements 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 w ill not willfully attempt to secure preferential treatment in its dealings with the County b y offering any valuable consideration, thing 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 i t 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 a fter 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 whic h the former county employee participated during county employment. Contractor shall identify at the time of of fer current or former County employees involved in the preparation of proposal s or the anticipated performance of Work if awarded the Contract. Failure to identify current or former Co unty employees involved in this transaction may result in the County’s denying or terminating th is 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 ti me during the term of the Contract. XVI 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 equi pment is reimbursable as a Contract budget item, is upon its purchase or receipt the prop erty of the County and/or ACT.B
Contract # EHS2298 Page # 8 of 9 federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B 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 a greed upon by the parties. XVII Proprietary Rights The parties to this Contract hereby mutually agree that if a ny patentable or copyrightable material or article should result from the work described herein, all rights a ccruing 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 descri bed herein and is jointly produced by both parties, all rights accruing from such material or article shal l 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 under this 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 mo dified 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 th at are not modified for use in the performance of this Contract. XVIII Political Activity Prohibited None of the funds, materials, property, or services prov ided directly or indirectly under this Contract shall be used for any partisan political activity or to further the e lection or defeat of any candidate for public office. XIX King County Recycled Product Procurement Policy In accordance with King County Code 10.16, the Contractor sha ll use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the 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. XX Future Support The County makes no commitment to support the services contracted fo r herein and assumes no obligation for future support of the activity contracted here in except as expressly set forth in this Contract. XXI 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 here in are excluded. Both parties recognize that time is of the essence in the performance of the provisi ons of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent def ault. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract u nless stated to be such through written approval by the County, which shall be attached to the orig inal Contract. XXII Contract Amendments Either party may request changes to this Contract. Proposed changes w hich are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of th e Contractor and the project representative of the ACT.B
Contract # EHS2298 Page # 9 of 9 County department specified on page one of this Contract. An y time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the law s 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 un der this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of t he 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 wri ting to the contrary. XXV Applicable Law This contract shall be construed and interpreted in accordance wi th the laws of the State of Washington. The venue for any action hereunder shall be in the Superior C ourt for King County, Washington. XXVI No Third Party Beneficiaries Except for the parties to whom this contract is assigned in compli ance with the terms of this contract, there are no third party beneficiaries to this contract, and this contract shall not impart any rights enforceable by any person or entity that is not a party hereto . IN WITNESS HEREOF, the parties hereby agree to the terms and co nditions of this Contract: KING COUNTY City of Auburn FOR King County Executive Signature Date NAME (Please type or print) Date Approved as to Form: OFFICE OF THE KING CO UNTY PROSECUTING ATTORNEY PHSKC Contract # EHS2298 - Local Hazardous Waste Management Program ACT.B
EHS2298 – City of Auburn 1 EXHIBIT A CITY OF AUBURN 2012 SCOPE OF WORK The Local Hazardous Waste Management Plan (hereafter referred to as the “Plan”) as updated in 1997 and 2010, 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 au spices of the Plan and as approved by the Program’s Management Coordination Committee (her einafter 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 postcard to Auburn residents on the Wastemobile information, alkaline battery and compact fluorescent light bulb disposal, disposal options for unwanted medicines, and alternative cleaning supplies. The City will also create and mail a postcard about hazardous waste disposal to Auburn businesses. Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: A. The City 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 Fund Manager: a) An invoice (see Exhibit III). Invoices should be sent to the Fund Manager 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 ACT.B
EHS2298 – City of Auburn 2 names, a description of services provided, date paid and a check or warrant number. 3. The City shall notify the Fund Manager no later than December 15 th 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 Mani fest 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, (jenelson@ auburnwa.gov) or her designee. 9. Questions or concerns regarding any issue asso ciated with this Exhibit that cannot be handled by the Contract Administrator or Fund Manager 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 H ealth 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 Fund Manager 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 Fund Manager 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 Fund Manager 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 ACT.B
EHS2298 – City of Auburn 3 Jay Watson Madelaine Yun LHWMP Program Administrator LHWMP Fund Manager 150 Nickerson Street, Suite 100 150 Nickerson Street, Suite 100 Seattle, WA 98109 Seattle, WA 98109 206-352-8163 206-352-7128 jay.watson@kingcounty.gov madelaine.yun@kingcounty.gov Paul Shallow LHWMP Contract Administrator 401 Fifth Avenue, Suite 1100 Seattle, WA 98104 206-263-8487 paul.shallow@kingcounty.gov ACT.B
EXHIBIT B 2012 BUDGET LOCAL HAZARDOUS WAS TE MANAGEMENT PROGRAM The City of Auburn 25 W Main Street, Auburn, WA 98001-4998 Component Description Budget Household Hazardous Waste Education $20,625.41 Household Hazardous Waste Collection TOTAL $20,625.41 EHS2298 – City of Auburn ACT.B
EHS2298 – City of Auburn EXHIBIT C 2012 INVOICE LOCAL HAZARDOUS WAS TE MANAGEMENT PROGRAM From : The City of Auburn 25 W Main Street, Auburn, WA 98001-4998 To : Madelaine Yun, LHWMP Fund Manager Local Hazardous Waste Management Program in King County Seattle-King County Departme nt of Public Health 150 Nickerson St., Suite 100 Seattle, WA 98109 Contract #EHS2298 Period of time: ___________________, 2012 to __________________________, 2012. In performance of a signed Contract between King Count y and the City of Auburn, I hereby certify that the following expenses were incurred duri ng the above-mentioned period of time. ___________________________ ________________________ Signature Date Component Description Budget Current Expenses P revious Charges Balance Household Hazardous Waste Education $20,625.41 Household Hazardous Waste Collection TOTAL $20,625.41 _______________________________________________________For Health Department Use Only Local Hazardous Waste Management Program Approval: _________________________________ ___________ Madelaine Yun Date ACT.B
EXHIBIT D ACT.B
AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4781 Date: December 5, 2011 Department: Finance Attachments: Resolution Agreement Budget Impact: $0 Administrative Recommendation:Muni Services forward to full Council with recommen dation to adopt.Background Summary:King County requests to enter into an interlocal ag reement with the City of Auburn for the 2012-2013 Waste Reduction and Recycling Grant P rogram. King County has appropriated $112,772.00 for the City to promote wa ste reduction and recycling to residents, schools, and businesses. The City of Auburn will put $40,000 towards funding four Residential Recycling Events. The events are held in the spring and fall each yea r and give residents the opportunity to recycle items such as scrap metal, bulky wood waste , appliances, tires, mattresses, styrofoam, and concrete. The remainder of the Waste Reduction and Recycling Grant will provide funding for the following programs: Re sidential Recycling, Environmental Education in Auburn Schools, Public Place Recycling , Multifamily Recycling, Business Recycling, and the City of Auburn Going Green Progr am. F5.3, O47.3 Reviewed by Council Committees:Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:December 12, 2011 Item Number:ACT.C AUBURN * MORE THAN YOU IMAGINED ACT.C
-------------------------- Resolution No. 4781 November 29, 2011 Page 1 RESOLUTION NO. 478 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUB URN, WASHINGTON, AUTHORIZING THE ACCEPTANCE AND APPROPRI ATION OF GRANT FUNDS IN THE AMOUNT OF ONE HUNDRED TWELVE THOUSAND AND SEVEN HUNDRED SEVENTY TWO DOLLARS ($112,772.00), AND AUTHORIZING THE MAYOR AND CITY C LERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN TO ACCEPT SAID FUNDS FOR IMPLEME NTATION OF THE 2012-2013 WASTE REDUCTION AND RECYCLING GRAN T PROGRAM. WHEREAS, King County and the City of Auburn have a dopted the King County Solid Waste Management Plan, which includes recycl ing and waste reduction goals; and WHEREAS, in order to help meet these goals, the King County Solid Waste Division has established a multi-phased waste reducti on and recycling grant program for the suburban cities; and WHEREAS, this program provides funding to further th e development of local waste reduction and recycling for Auburn businesses an d residents; and WHEREAS, the Auburn City Council of the City of Aub urn must adopt and approve all appropriations by Ordinance pursuant t o Chapter 35A.33 RCW; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AU BURN, WASHINGTON, DO ORDAIN AS FOLLOWS: ACT.C
-------------------------- Resolution No. 4781 November 29, 2011 Page 2 Section 1. Pursuant to Chapter 35A.33 RCW, the City hereby ap proves the expenditure and appropriation of a total amount of ONE HUNDRED TWELVE THOUSAND AND SEVEN HUNDRED SEVENTY TWO DOLLA RS ($112,772.00) which constitutes reimbursement of funds fo r implementing the 2012-2013 Waste Reduction and Recycling Grant Program. Section 2. The Mayor and City Clerk of the City of Auburn are authorized to execute an Interlocal Agreement with Ki ng County for the reimbursement of said funds. A copy of said Agreement i s attached hereto and designated Contract # 529817 and is incorporated by ref erence herein. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation. Section 4. This Resolution shall take effect and be in force five (5) days from and after its passage, approval and publication, a s provided by law. ACT.C
-------------------------- Resolution No. 4781 November 29, 2011 Page 3 Dated and Signed this _____ day of _________________, 2011. CITY OF AUBURN ___________________________________ PETER B. LEWIS MAYOR ATTEST: ___________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney ACT.C
1 CONTRACT # 529817 INTERAGENCY AGREEMENT FOR 2012-2013 Between KING COUNTY and the CITY OF AUBURN This two-year Interagency Agreement ³Agreement ´ is executed between King County, a Charter County and political subdivision of the State of Washington, and the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the &RXQW\DQG&LW\ZLOOEHUHIHUUHGWRDV³3DUW\´RU³3DUWLHV´ PREAMBLE King County and the City of Auburn adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Gran t Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Auburn by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. ACT.C
2 II. RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2012 shall not exceed $36,386. The City understands that even though this Agreement is two years in duration, funding for this program is subject to the yearly budget approval process of the King County Council. 2. This Agreement provides for distribution of 2012 and 2013 grant funds to the City. However, 2013 funds are not available until January 1, 2013, and 2013 funding is contingent upon King County Council approval of the 2013 King County budget. The County shall notify the City in writing of the funding status. 3. During the two-year grant program, the City will submit a minimum of two, but no more than eight, progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepared by the City's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on the last day of the month following the end of each quarter - April 30, July 30, October 31, January 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2014. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County on January 31, 2013 and March 31, 2014. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5 th working day of January 2013 and January 2014, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work, but no later than June 30, 2014. ACT.C
3 5. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the &RXQW\QHLWKHULQFXUVQRUDVVXPHVDQ\UHVSRQVLELOLW\IRUWKH&LW\¶VELGDZDUGRUFRQWUDFW LQJprocess. 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 8. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials as so authorized by law. 11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2016. ACT.C
4 12. The City agrees to credit King County on all printed materials provided by the County, which the &LW\LVGXSOLFDWLQJIRUGLVWULEXWLRQ(LWKHU.LQJ&RXQW\¶VQDPHDQGORJRPXVWDSSHDURQ.LQ g County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit .LQJ&RXQW\IRUDUWZRUNRUWH[WSURYLGHGE\WKH&RXQW\DVIROORZV ³DUWZRUNSURYLGHGFRXUWHV\RI.LQJ&RXQW\6ROLG:DVWH'LYLVLRQ´DQGRU³WH[WSURYLGHG courtesy of King County Solid :DVWH'LYLVLRQ´ 13. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. 14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required fo r DGPLVVLRQWRWKH&LW\¶VHYHQWWKH&LW\LVH[HPSWIURPKDYLQJWRSURYLGHWKHEURFKXUHWR.LQJCounty. 15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 16. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County &RXQFLO¶V\HDUO\EXGJHWDSSURYDOSURFHVVDQGWKDWSURYLVLRQRIIXQGVIRUWKHVHHYH nts is not guaranteed for the second year of the grant program. 17. This project shall be administered by Joan Nelson, Solid Waste & Recycling Coordinator ; City of Auburn ; 25 West Main Street ; Auburn, WA 98001 ; Phone: (253) 931-5103 ; Email: jenelson@auburnwa.gov , or designee. B. The County : 1. The County shall administer funding for the waste reduction and recycling grant program. )XQGLQJLVGHVLJQDWHGE\FLW\DQGLVVXEMHFWWRWKH.LQJ&RXQW\&RXQFLO¶V\HDUO\EXGJ HWapproval SURFHVV3URYLGHGWKDWWKHIXQGVDUHDOORFDWHGWKURXJKWKH.LQJ&RXQW\&RXQFLO¶V\HDUO\EXGJ HWapproval process, grant funding to the City will include a base allocation of $5,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. ACT.C
5 2. The City of Auburn µVEXGJHWHGJUDQWIXQGVIRU2012 are $36,386. Unspent 2012 funds may be carried over to 2013, but 2013 funds will not carry over to 2014. 3. The City of Auburn µVHVWLPDWHGJUDQWfunds for 2013 are $36,386. 2013 funds are not available until January 1, 2013, and 2013 funding is contingent upon King County Council approval of the 2013 King County budget. Following approval of the 2013 .LQJ&RXQW\EXGJHWWKH&RXQW\¶Vgrant program administrator will notify the City of the final 2013 grant funding in writing. 4. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of WKLV$JUHHPHQW.LQJ&RXQW\UHWDLQVWKHULJKWWRZLWKKROGDOORUSDUWLDOSD\PHQWLIWKH&LW\¶Vreport(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 5. The County agrees to credit the City on all printed materials provided by the City to the County, ZKLFKWKH&RXQW\GXSOLFDWHVIRUGLVWULEXWLRQ(LWKHUWKH&LW\¶VQDPHDQGORJRZLOODSSHDURQsuch materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit WKH&LW\IRUDUWZRUNRUWH[WSURYLGHGE\WKH&LW\DVIROORZV ³DUWZRUNSURYLGHGFRXUWHV\RIWKHCity of Auburn ´ DQGRU³WH[WSURYLGHGFRXUWHV\RIWKH&LW\RIAuburn ´ 6. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 7. The waste reduction and recycling grant program shall be administered by Morgan John, Project Manager of the King County Solid Waste Division. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2012 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2012 and shall terminate on June 30, 2014. The City shall not incur any new charges after December 31, 2013. However, if execution by either Party does not occur until after January 1, 2012, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2012 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II. A of the Agreement. ACT.C
6 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") EURXJKWDJDLQVWWKH&RXQW\DULVLQJRXWRIRULQFLGHQWWRWKH&LW\¶VH[HFXWLRQRISHUIRUPDQFHRIRUIDLOXUHto perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. ACT.C
7 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSEN CE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. ACT.C
8 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Joan Nelson, Solid Waste & Recycling Coordinator City of Auburn 25 West Main Street Auburn, WA 98001 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City King County __________________________________ BY________________________________ (Title) Kevin Kiern an, Director Solid Waste Division For Dow Constantine, King County Executive __________________________________ ___________________________________ Date Date ACT.C
Exhibit A 1 CITY OF AUBURN SCOPE OF WORK 2012-2013 SOLID WASTE DIVISION WASTE REDUCTION / RECYCLING GRANT A. BASIC INFORMATION 1. Applicant: City of Auburn 2. Project Title: City of Auburn Recycling Program 3. Grant Manager: Joan Nelson , Solid Waste & Recycling Coordinator City of Auburn 25 West Main Street Auburn, WA 98001 Phone: (253) 931-5103 Fax: (253) 876-1900 Email: jenelson@auburnwa.gov 4. Project Manager: Kathleen Edman, Solid Waste Customer Care Specialist City of Auburn 25 West Main Street Auburn, WA 98001 Phone: (253) 931-3047 Fax: (253) 876-1900 Email: kedman@auburnwa.gov 5. Requested dollar amount: 20 12-20 13 Grant Award $11 2,7 72 .00 4 - King County Special Recycling Events - $ 4 0,0 00 .00 201 2-2013 Total $ 72,7 72 .00 B. PROPOSED SCOPE OF WORK Projects: Task #1 Residential Recycling Task #2 Environmental Education in Auburn Schools Task #3 Public Place Recycling Task #4 Multifamily Recycling Task #5 Business Recycling Task #6 City of Auburn ³Going Green Program ´ Project Managers: $XEXUQ¶VSolid Waste Customer Care Specialist will implement and manage the projects . The Solid Waste & Recycling Coordinator will manage the administration tasks of the Grant (budget, reporting, and reimbursements). Both positions are fully funded by the City of Auburn Solid Waste Division. Schedule: January 1, 2012 - December 31, 2013 Goals: To increase the DZDUHQHVVRIDQGSDUWLFLSDWLRQLQ$XEXUQ¶Vwaste reduction and recycling programs , and to increase waste diversion in the Residential, Multifamily, and Business waste strea ms. ACT.C
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Exhibit A 6 C. PROPOSED BUDGET Grant Funds Available for 2012-2013 : $112,772.00 LESS King County Special Events ± 2 per year - $ 40,000.00 Adjusted Grant Funds Available: $ 72,772.00 Projected Projected 2012 Total 2013 Total Task #1 Residential Recycling Residential Recycling Outreach & Assistance $ 3,862.50 $2,503.00 Residential Community Yard Sale $ 2,867.50 $2,867.50 Total Task #1 $ 6,730.00 $5,370.50 Task #2 Environmental Education in Auburn Schools Schools Program Outreach & Assistance $ 2,937.50 $8,997.50 Total Task #2 $ 2,937.50 $8,997.50 Task #3 Public Place Recycling Recycling Containers & Supplies $14,756.00 $3,605.50 Total Task #3 $14,756.00 $3,605.50 Task #4 Multifamily Recycling Multifamily Recycling Outreach & Education $ 8,575.00 $13,525.00 Total Task #4 $ 8,575.00 $13,525.00 Task #5 Business Recycling Business Recycling Outreach & Education $ 375.00 $1,875.00 Total Task #5 $ 375.00 $1,875.00 Task #6 City of Auburn Going Green Program Recycling Outreach & Education $ 3,012.50 $ 3,012.50 Total Task #6 $ 3,012.50 $ 3,012.50___ TOTAL GRANT FUNDING (By Year) $36,386.00 $36,386.00 GRAND TOTAL GRANT FUNDING $72,772.00 ACT.C
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AGENDA BILL APPROVAL FORM Agenda Subject: VADIS Service Agreement AG-S-053 Date: December 5, 2011 Department: Finance Attachments: Agreement Budget Impact: $0 Administrative Recommendation:Finance Committee approve 2012 Service Agreement No . AG-S-053 with Vadis.Background Summary:AG-S-053 is an annual service agreement between the City of Auburn and Vadis for a 12-month litter control program, beginning January 1, 2012, and ending December 31, 2012. This agreement also includes a recycling pick up program that runs from April to September of each year. The City's current agreemen t with Vadis is valid through December 31, 2011. The fees for services under this agreement shall not exceed $145,278, which is the same fee that was paid for s ervices in 2011. Vadis will perform three extra supervisor days instead of four in orde r to provide services for the same cost as in 2011. Vadis is a non-profit corporation that develops emp loyment opportunities for individuals with disabilities. Each litter crew is made up of f ive specially challenged individuals and a crew supervisor who collect trash and debris along City traveled ways. The contract has been renewed annually since 1991. Vadis Litter Crew Accomplishments 1) Annually, the litter crews remove 5,000 bags of litter from City traveled ways. 2) The litter crews maintain approximately 100 wast e receptacles, 15 ash receptacles (for cigarette butts), and 35 recycling receptacles in the City. 3) The recycling crew maintains 70 recycling contai ners at the City Parks. 4) The litter crews respond to calls on illegal dum ping 2 - 3 times per week. 5) The litter crews also fills sandbags as needed. A3.16.3 Reviewed by Council Committees:Finance, Municipal Services AUBURN * MORE THAN YOU IMAGINED ACT.D
Councilmember:Peloza Staff:Coleman Meeting Date:December 12, 2011 Item Number:ACT.D AUBURN * MORE THAN YOU IMAGINED ACT.D
CITY OF AUBURN AGREEMENT FOR SERVICES AG-S-053 THIS AGREEMENT made and entered in to on this day of , 2011, by and between the City of Auburn , a municipal corporation of the State of Washington, hereinafter referred to as “City” and Vadis , 1701 Elm Street, Sumner WA 98390, hereinafter referred to as the “Provider.” W I T N E S S E T H : WHEREAS, the City is engaged in or readying itself to be engaged in its litter control and recycling program and is in need of services of individuals, employees or firms for litter control and recycling work; and, WHEREAS, the City desires to retain the Pr ovider to provide certain services in connection with the City’s work related to litter control and recycling; and, WHEREAS, the Provider is qualified and able to provide services in connection with the City’s needs for the above-described wo rk, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services The Provider agrees to perform in a good and professional manner the tasks described on Exhibit “A” which is attached hereto and incorporated herein by this reference. (The tasks described on Exhibit “A ” shall be individually referred to as a “task,” and collectively referred to as the “services.”) Th e Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services From time to time hereafter, the parties hereto may agree to the performance by the Provider of additional services with respect to related work or projects. Any such agreement(s) shall be set fort h in writing and shall be executed by the respective parties prior to the Provider ’s performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an Amendment (agreement for additional services), such Amendment shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Amendment were a pa rt of this Agreement as originally executed. The performance of services pursuant to an Amendment shall be subject to the terms and c onditions of this Agreement except where the Amendment provides to the contrary, in which ca se the terms and conditions of any such Amendment shall control. In all other re spects, any Amendment shall supplement and be construed in accordance with the te rms and conditions of this Agreement. AG-S-053 Vadis Page 1 of 7 ACT.D
3. Performance of Additional Services Prior to Execution of an Amendment The parties hereby agree that situations may arise in which services other than those described on Exhibit “A” are desired by the City and the time period for the completion of such services makes the ex ecution of Amendment impractical prior to the commencement of the Provider’s perfo rmance of the requested services. The Provider hereby agrees that it shall perfo rm such services upon the written request of an authorized representative of the City pending executi on of an Amendment, at a rate of compensation to be agreed to in c onnection therewith. The invoice procedure for any such additional services shall be as described in Section 8 of this Agreement. 4. Provider’s Representations The Provider hereby represents and warrants that he has all necessary licenses and certifications to perform the services prov ided for herein, and is qualified to perform such services. 5. City’s Responsibilities The City shall do the following in a timely ma nner so as not to delay the services of the Provider: a. Designate in writing a person to act as the City’s representativ e with respect to the services. The City’s designee shall have complete authority to transmit instructions, receive information, inte rpret and define the City’s policies and decisions with respect to the services. b. Furnish the Provider with all informa tion, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or fa cilities as required for the Provider to perform the services provided for herein. Specific responsibilities of t he City are set forth in Exhibit B, which is attached hereto and by this reference made a part of this agreement. 6. Provider’s Responsibilities Specific responsibilities of t he Provider are set forth in Exhibit B, which is attached hereto and by this reference made a part of this agreement. 7. Acceptable Standards The Provider shall be responsible to pr ovide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard a cceptable to the City. 8. Compensation As compensation for the Provider’s performanc e of the services provided for herein, the City shall pay the Provider the fees and costs specified on Exhibit “C” attached hereto and made a part hereof (or as specified in an Amendment ). The Provider shall submit to the City an invoice or statem ent of time spent on tasks included in the scope of work provided herein, and the City shall process the i nvoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Provider thereafte r in the normal course, subject to any AG-S-053 Vadis Page 2 of 7 ACT.D
conditions or provisions in this Agr eement or Amendment. The Agreement number must appear on all invoices submitted. 9. Time for Performance and Term of Agreement The Provider shall not begin any work under this Agreement until au thorized in writing by the City. The Provider shall perfor m the services provided for herein in accordance with the direction and schedulin g provided on Exhibit “A” attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of th is Agreement shall terminate on December 31, 2012 . 10. Ownership and Use of Documents All documents, reports, memoranda, diagr ams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his performanc e of this Agreement (the “Work Products”) shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 11. Records Inspection and Audit All compensation payments shall be subj ect to the adjustm ents for any amounts found upon audit or otherwise to have been impr operly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City fo r a period of up to three (3) years from the final payment for work performed under this Agreement. 12. Continuation of Performance In the event that any dispute or conflict ar ises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dis pute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilit ies. 13. Administration of Agreement This Agreement shall be administered by Wayne Perrault, on behalf of the Provider, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of th is Agreement shall be served on or mailed to the following addresses: City of Auburn VADIS Joan Nelson Mary Bushnell Solid Waste & Recycling Coordi nator Group Employment Manager 25 W Main St 1701 Elm Street Auburn, WA 98001-4998 Sumner, WA 98390 Phone: 253-876-1900 Fax: 253-863-2040 E-mail: jenelson@auburnwa.gov E-mail: mary@vadis.org 14. Notices All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United St ates mail, postage prepaid, fo r mailing by certified mail, AG-S-053 Vadis Page 3 of 7 ACT.D
return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change his, her or its address by giving notic e in writing, stating his, her or its new address, to the other party , pursuant to the procedure set forth above. 15. Insurance The Provider shall be responsib le for maintaining, during t he term of this Agreement and at its sole cost and expense, the ty pes of insurance coverages and in the amounts described below. Insurance is to be placed with auth orized insurers in Washington State with a curr ent A.M. Best rating of not less than A-:VII. The Provider shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Provider shall take out and maintain in full force and effect the following insurance policies: a. Automobile Liability insu rance, covering all owned, no n-owned, hired and leased vehicles. Coverage shall be written on In surance Services Office (ISO) form CA 00 01 or a substitute form providing equi valent liability coverage. If necessary, the policy shall be endorsed to provide cont ractual liability coverage. Provider shall maintain automobile insurance with minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insuranc e shall be written on ISO occurrence form CG 00 01 and shall cover liability arisi ng from premises, operations, independent contractors, products-compl eted operations, stop gap liability, personal injury and advertising injury, and liability assum ed under an insured contract. The Commercial General Liability insuranc e shall be endorsed to provide the Aggregate Per Project Endorse ment ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Comme rcial General Liability insurance for liability arising from explosion, coll apse or underground property damage. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured end orsement CG 20 10 10 01 and Additional Insured-Completed Operations endor sement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liabi lity insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-compl eted operations aggregate limit. c. Workers’ Compensation coverage as requi red by the Industrial Insurance laws of the State of Washington. 16. Indemnification The Provider shall indemnify and hold ha rmless the City and its officers, agents and employees, or any of them from any and all cl aims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoev er, by any reason of or arising out of the negligent act or omission of the Provi der, its officers, agents, employees, or any of them relating to or aris ing out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, e mployees and/or any of them, or jointly against the City and the Prov ider and their respective officers, agents AG-S-053 Vadis Page 4 of 7 ACT.D
and employees, or any of them, the Provider shall satisfy t he same to the extent that such judgment was due to the Provider ’s negligent acts or omissions. 17. Assignment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of t he other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or ob ligation under this Agreement, or to cause any such liability or obligation to be r educed to a secondary liabi lity or obligation. 18. Nondiscrimination The Provider may not discrimi nate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or oth er arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 19. Amendment, Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party’s or parties’ duly authori zed representative(s) and specifying with particularity the nat ure and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right ar ising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 20. Termination and Suspension Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perfor m in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7 ) days written notice to the Provider if the services pr ovided for herein are no longer needed from the Provider. If this Agreement is terminated through no fault of the Provi der, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit “C” hereof. 21. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and th eir respective successors and assigns, provided that this section sha ll not be deemed to permit any transfer or assignment otherwise prohibited by this Ag reement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third par ty, including contract ors, sub-contractors and their sureties. AG-S-053 Vadis Page 5 of 7 ACT.D
22. Costs to Prevailing Party In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligati ons under this Agreement, t he prevailing parties shall be entitled to receive its reasonab le costs and attorney’s fees. 23. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washingt on and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if no t site specific, then in King County, Washington; prov ided, however, that it is agreed and understood that any applica ble statute of limitation shall commence no later than the substantia l completion by the Provider of the services. 24. Captions, Headings and Titles All captions, headings or titles in the paragr aphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitat ion of the scope of the parti cular paragraph or sections to which they apply. As used herein, wher e appropriate, the singular shall include the plural and vice versa and masculine, femi nine and neuter expressions shall be interchangeable. Interpretation or constr uction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 25. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoev er, such illegality or invalidity shall not affect the validity of the re mainder of this Agreement. 26. Entire Agreement This Agreement contains t he entire understanding of the parti es hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the par ties with respect to such subject matter. 27. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become e ffective when one or more counterparts have been signed by each of the parties and delivered to the other party. AG-S-053 Vadis Page 6 of 7 ACT.D
AG-S-053 Vadis Page 7 of 7 IN WITNESS WHEREOF, the parties heret o have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN VADIS ___________________________________ Peter B. Lewis, Mayor Signature Name: Title: Attest: ________________________________ ___________________________________ Signature Danielle Daskam, City Clerk Name: Title: Approved as to form: ___________________________________ Daniel B. Heid, City Attorney ACT.D
EXHIBIT A SCOPE OF WORK The purpose of this Agreement is to contract with the Provider, a non-profit corporation that develops employment for individuals wit h disabilities, on a yearly basis clean-up program for the Solid Waste Division. Litter Crew The Provider’s Litter Crew shall perform the following: A. Specific Tasks The Provider’s Litter Crew will collect and remove litter, trash, and debris from the shoulders of City traveled ways (including bu t not limited to streets, roads, alleys, paths, and parkways), public parking lots, and other designated areas. An additional supervisor, possessing a “Traffic Control Fl agging License” certified by the State of Washington, will perform flagging on the busy st reets such as Howard Road, Kersey Way, and Auburn Way South. This additi onal supervisor will be available two days per month. B. Examination of Work Sites The Provider shall examine all work site s thoroughly before commencing work at the site. It shall be the responsibil ity of the Provider to verify all the duties, assignments, and job sites. All existing conditions at the job site will be noted and copies with verification noted, given to the City’s So lid Waste and Recycling Coordinator on a daily basis. C. Hours x The Provider shall perform tasks to co mpletion between the hours of 8:00 AM and 3:30 PM Monday through Friday. x The Provider shall recognize the sa me observed holidays as the City. x The Provider will also take two (2) Floati ng Holidays per year for staff training. Hill Litter Crew The Provider’s Hill Litter Crew shall perform the following: A. Specific Tasks The Provider’s Hill Litter Crew shall perfo rm tasks similar to the Litter Crew, but in the Lea Hill and/or West Hill area(s) for a total of 15 hours per week. The Provider will have an additional supervisor, possessing a “Traffic Control Flagging License” certificate by the State of Washington, perform flagging on busy streets such as Lea Hill Rd SE and SE 320 th St one day per month. B. Hours The Provider’s Hill Litter Crew shall per form tasks to completion between the hours of 8:00 AM and 3:30 PM on three days of the week, Monday throu gh Friday. AG-S-053 Exhibit A Page 1 of 2 ACT.D
AG-S-053 Exhibit A Page 2 of 2 Recycling Crew The Provider’s Recycling Crew shall perform the following: A. Specific Tasks The Provider’s Recycling Crew shall co llect recyclables from the City-owned recycling receptacles and maintain the re cycling receptacles in the City of Auburn Parks for a total of 15 hours per week from April to Se ptember. The Recycling Crew will be supervised and will bring a second Provider vehicle. B. Hours The Provider’s Recycling Crew shall perfo rm tasks to completion between the hours of 8:00 AM and 3:30 PM on three days of the week, Monday through Friday. ACT.D
EXHIBIT B RESPONSIBILITIES PROVIDER The Provider shall be res ponsible for the following: 1. The performance and accomplishment of tasks and work assigned in accordance with paragraph 2 below. 2. The performance of all work as provided in this Agreement with its own employees. Individuals who perform wo rk under this Agreement must be carried on the Provider’s payroll. The Provider is responsible for administering and paying employee wages, benefits, and all other employee-relat ed costs. Although the Provider’s company headquarters may be lo cated outside of Auburn, Washington, the Provider shall provide a full-time s upervisor in the Auburn geographical area who will continuously oversee t he Provider’s employee work and will have authority to represent the Provider in the day-to-day ac tivities. The Provider supervisor must be trained in traffic control and must posse ss a “Traffic Control Flagging License” certified by the State of Washington. The Provider will pres ent the supervisor’s name, address, and telephone number to the City’s Solid Waste and Recycling Coordinator at the beginning of the contract period. 3. The Provider is responsible for the se curity of facilities where assigned tasks are performed as well as tools, equipment, safety gear, traffic control devices, and any other items which may be supplied by t he City for the Provider’s use in the performance of contracted duties. No equi pment or supplies will be removed from City premises except as required for the performance of assigned duties. 4. The Provider shall supply the City with a quality control system acceptable to the City within ten days of the dat e of the Agreement. The quality control system shall be a plan specifying how the Provider wil l accomplish maintaining the level of performance required under this Agreement. Quality control statements shall be provided to the City’s Solid Waste and Re cycling Coordinator on a monthly basis. 5. The Provider shall supply a motor vehicl e to transport its employees to and from the designated work sites. The Provider’s v ehicle shall be well i dentified with signs and equipped with safety warning lights, strobe light, and emergency flashers. 6. The Provider shall supply rain gear, foul weather gear, foot wear as required, and clothing as needed for its employees. AG-S-053 Exhibit B Page 1 of 2 ACT.D
AG-S-053 Exhibit B Page 2 of 2 7. The Provider shall follow accepted safety practices in the performance of all work. After every work shift of litter clean-up and other assigned tasks and services the following shall be done: the work areas sha ll be inspected for fire hazards; electrical or power machines and/or equipment sha ll be turned off; outside doors and windows closed and locked; gates closed and locked and all miscellaneous work tools and equipment shall be ins pected and put away. CITY The City shall be responsible for the following: 1. The City shall supply litter bags to the Provider for its us e in the collection of litter, trash, and debris. 2. The City shall supply traffic control devices, e.g., signs an d traffic cones to the Provider so the Provider can place the tra ffic devices at work site(s) to protect its employees while performing services under this Agreement. The City shall also provide hard hats and reflective traffic vests. 3. The City shall supply the Provider with all grounds maintenance equipment and hand tools for performing outside grounds maintenance duties under this Agreement. 4. The City shall supply the Provider and its Auburn supervisor a copy of the daily work schedule and any change notices to use as a bas ic guide for the distribution of work each week. The work schedule may be c hanged as deemed appropriate by the City and a copy of such changes provided to the Provider and the Ci t y. The City shall determine the priority of the various assi gnments. The City shall verify that all services are satisfactorily performed as scheduled. ACT.D
EXHIBIT C FEE SCHEDULE 2012 Fee Schedule Not-To-Exceed Monthly Fee # of Months Amount Litter Crew $ 7,039 12 $ 84,468 Hill Litter Crew $ 3,485 12 $ 41,820 Recycling Crew $ 3,165 6 $ 18,990 Total Not To Exceed Amount $ 145,278 AG-S-053 Exhibit C Page 1 of 1 ACT.D
AGENDA BILL APPROVAL FORM Agenda Subject: Matrix Date: December 6, 2011 Department: Police Attachments: Matrix Budget Impact: $0 Administrative Recommendation:Background Summary:For Info Only Reviewed by Council Committees:Councilmember:Staff:Meeting Date:December 12, 2011 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINED DI.B
MU NICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX NO.PROJECT DESCRIPTIONLEADCOSTREVIEW DATE EST. COMPL. DATE STATUS 10PRed Light Photo EnforcementBob Lee1/23/2012 Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of the month. Revised signage under construction.20PAnimal Control and RescueBrenda HeinemanOn-Going Council meeting 6/21 approved 2.5 year ILA for King County Animal Services. On 9/19/11 Council approved Resolution No. 4747 for Professional Services Agreement. (Animal Shelter and Service beginning January 1, 2012 with actual operations beginning January 1, 2013.)24PFireworks UpdateBob Lee On-Going MSC held a special meeting on 10/20/11. Mayor Lewis to schedule meetin with MIT.26PGraffiti ProgramPlanning/PoliceOn-GoingHotline Phone No. 931-3048 Ext. 7 27PAnimal Control Licensing ProgramKevin Snyder1/23/2012 Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of the month 28 PSolid Waste Rate ReviewShelley ColemanJune 2012 Review rate structure, solid waste fund balance and CPI application. Has the revised Rate Model done it's job? The Committee as a goal will pursue a minimum 10% commercial subsidy reduction until the cross-sector commercial subsidy is removed. Through MSWMAC input from other cities will help COA determine if it will change to direct billing and this wi ll be included in the 2012 review in June. 29P Golf Course Working Capital Review and Future Plans Shelley Coleman4/23/2012On-Going Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of the month. It is anticipated the report from the consultant will be available for discussion at the December 12, 2011 meeting.NO.ITEM OF INTEREST 3 IShopping Cart UpdateRandy Bailey1/23/2012 January (Prev July-Dec), July (Prev Jan-June)9 IPolice Chaplain's ProgramBob Lee1/9/2012 Charteris - organization to which Chaplains for PD and VRFA belong - mechanism for "petty cash" for Chaplain associated expenses Last Revision Date: 12/06/11 e:\mayor\PDFConvert.1958.1.Matrix_11-29-11.xls DI.B