HomeMy WebLinkAbout12-10-2012 Agenda Packet
Municipal Services Committee
December 10, 2012 - 3:30 PM
Council Conference Room
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. November 26, 2012 Meeting Minutes*
B. Public Works Project No. CP1210* (Dunsdon)
Approve Final Pay Estimate No. 4 to Small Works Contract No. 12-11 in the
amount of $1,559.40 and accept construction of Project No. CP1210, Auburn
Valley Humane Society Site Work Improvements
C. Vadis Service Agreement #AG-S-062* (Coleman)
AG-S-062 is a bi-annual service agreement between the City of Auburn and Vadis
for a litter control program, beginning January 1, 2013, and ending December 31,
2014.
III.RESOLUTIONS
A. Resolution No. 4886* (Faber)
Current Situation: Mountain View Cemetery is required (ACC 3.04.090) to allocate
15% of the sales of all graves, niches and crypts to the Endowed Care Fund.
3.04.090 Cemetery endowment care fund - Creation - Funding.
There is created a fund to be known as the "cemetery endowment care fund," into
which there shall be paid 15 percent of the proceeds received from the cemetery
endowment care fee imposed on the sale of each grave, each niche and each crypt
as such fee is set forth in the City's Fee Schedule. The fund shall be irreducible in
principal and no part of the income therefrom shall ever be used for any other
purpose than as specified in ACC 3.04.120. (Ord. 3972 1, 1984; Ord. 3853 1, 1983;
1957 code 1.36.030.)
B. Resolution No. 4888* (Lee)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute the Memorandum of Agreement between the City
of Auburn and King County for pre-design services of a Regional Training Facility.
C. Resolution No. 4889* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Page 1 of 61
Mayor to execute a services contract with the Seattle-King County Department of
Public Health for reimbursement of funds related to 2013 Local Hazardous Waste
Management Program Activities.
IV.DISCUSSION ITEMS
A. Project 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 available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
November 26, 2012 Meeting Minutes
Date:
December 3, 2012
Department:
Police
Attachments:
November 26, 2012 Meeting Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:December 10, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 61
Municipal Services Committee
November 26, 2012 - 3:30 PM
Council Conference Room
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in the Council
Conference Room of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Peloza, Vice Chair Wayne Osborne,
Member Wales.
Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Assistant
Chief of Police Bill Pierson, Finance Director Shelley Coleman, Public
Works Director Dennis Dowdy, Transportation Manager Pablo Para,
Solid Waste and Recycling Supervisor Joan Nelson, Police Secretary
Heather Shaw and Police Secretary/Scribe Terry Mendoza. Others
present: Citizen Scot Pondelick and Auburn Reporter representative
Robert Whale.
B. Announcements
C. Agenda Modifications
Chair Peloza announced an agenda modification to remove Item IV.C
- Median Standards Discussion. The item will be included on a future
agenda for this committee.
II. CONSENT AGENDA
A. November 13, 2012 Meeting Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member Wales seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. RESOLUTIONS
A. Resolution No. 4884 (Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the conversion to, and sale of Auburn Police Canine Henk
as surplus property of the City of Auburn. Committee discussion
Page 1 of 3
CA.A Page 4 of 61
followed.
Vice Chair Osborne moved to forward to full Council for consideration.
Member Wales seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Financial Options Available to the City of Auburn (Coleman)
The Committee discussed additional revenue information for the City
of Auburn as provided by Finance Director Shelley Coleman and her
staff. Updates included information on the Municipal Business
Regulatory Taxes (cities within King, Pierce and Snohomish Counties
only) as reported by AWC in their 2012 Tax and User Fee Survey.
Additionally, maps and data regarding the City's Arterial/Collector
Street Funding scenarios were made available. The maps indicated
the remaining arterial and collector street work under the current
budget and the projected pavement condition in five (5) years without
additional funding. It was requested that Director Coleman supply
Council with the cost difference between funding needed for road
repairs and additional money that would be generated if taxes are
increased (by category/type of tax). Committee discussion followed.
B. Vadis Service Agreement #AG-S-062 (Coleman)
Finance Director Shelley Coleman and Solid Waste and Recycling
Supervisor Joan Nelson provided the Committee with information on
the bi-annual Service Agreement with Vadis. Vadis is a non-profit
corporation that develops employment opportunities for individuals
with disabilities. Their litter crews are made up of five specially
challenged individuals and a crew supervisor who assist in collecting
trash and debris throughout the City of Auburn. The contract with
Vadis has been renewed annually since 1991. This bi-annual contract
covers 2013-2014. Committee discussion followed.
C. Median Standards Discussion (Faber)
This item was removed from the agenda.
D. False Alarm Prevention Program (Lee)
Assistant Chief of Police Bill Pierson provided an update on the False
Alarm Prevention Program. The report examines the success of the
program by comparing the total number of false alarm calls that
Auburn Police Department personnel responded to before and after
the False Alarm Program was initiated. It also examines the amount
of revenue that the City of Auburn has taken in from charges applied
to permit holders for alarm calls that are determined to be false. Chair
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CA.A Page 5 of 61
Peloza requested that future reports also include information on cost
savings relating to false alarms being reduced. Committee discussion
followed.
E. Project Matrix
The following updates have been made to the Project Matrix:
Item 20P: Review date changed to 1/14/2013. Status updated.
Item 28P: Review date changed to 6/10/2013. Status updated.
Item 30P: Review date changed to 12/10/2012.
V. ADJOURNMENT
The meeting was adjourned at 4:24 p.m. The next meeting of the
Municipal Services Committee is Monday, December 10, 2012 at 3:30 p.m.
in the Council Conference Room, City Hall, 25 W. Main Street, Auburn,
WA.
Signed this __________ day of December, 2012.
___________________ ________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 3 of 3
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1210
Date:
December 5, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate No. 4
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Municipal Service Committee recommend City Council approve Final Pay Estimate No. 4
to Small Works Contract No. 12-11 in the amount of $1,559.40 and accept construction
of Project No. CP1210, Auburn Valley Humane Society Site Work Improvements.
Background Summary:
The purpose of this project was to modify the existing parking lot and construct utility and
site access improvements for the City's tenant of 4910 A St SE, Auburn Valley Humane
Society (AVHS), per the lease agreement. The work included the following
improvements:
Parking Lot Improvements
The existing parking lot was asphalt sealed and re-striped.
The handicap assessible parking stall was relocated to the north end of the building
and an accessible route was constructed and striped between the stall and the
main entrance to the building to meet building code requirements.
Access Improvements
Curb was constructed along the centerline of A St SE in front of the existing
driveway to the site, thereby restricting the driveway entrance to Right In, Right Out
access from A St SE for safety purposes.
A new driveway access was constructed to connect the parking lot to the cul-de-
sac at the end of Oravetz Pl SE. The existing 10-foot wide non-motorized trail
between A St SE and Oravetz Pl SE was reconstructed farther north to
accommodate the new driveway access.
Utility Improvements
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 7 of 61
The existing septic system was decommissioned.
A sanitary sewer grinder pump system was installed north of the building. This
included approximately 620 feet of sewer force main from the grinder pump station
north through the existing parking area and east within the right of way of Oravetz
Pl SE to connect to the existing gravity sanitary sewer system located on Oravetz
Pl SE.
The existing ¾-inch water meter was removed and the service line was severed.
A 1.5-inch water meter, a reduced pressure backflow assembly (RPBA) and a new
service line to the building were installed.
The total project cost is $137,273.00. The total project budget is $179,490.00. A project
contingency of $42,217.00 remains in the 505 Facilities Fund.
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Dunsdon
Meeting Date:December 10, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 8 of 61
Project No: CP1210Project Title:
Project Manager: Leah Dunsdon
Project Initiation
Initiation Date: June 11, 2012 Permision to Advertise
Advertisement Date: June 28, 2012 Contract Award
Award Date: July 16, 2012 Change Order Approval
Contract Final Acceptance
Funding Prior Years 20122013 2014 Total
505.00.590.100.65 Fund 79,490 79,490
505 Fund (Budget Amendment No. 8)100,000 100,000
Total 0179,49000179,490
Activity Prior Years 20122013 2014 Total
Design Engineering - City Costs**605 605
BUDGET STATUS SHEET
Auburn Valley Humane Society Site Work Improvements
Date: December 3, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Construction Contract Bid 114,682 114,682
Change Order #1 - Trench Drain & Downspout
System 7,791 7,791
Line Item Changes (10,021)(10,021)
Landscape Costs - Parks Dept.4,479 4,479
Curb on A St SE - PW Dept.2,720 2,720
Water Permit Fees - City Costs 8,695 8,695
Sewer Permit Fees - City Costs 7,899 7,899
Storm Permit Fees - City Costs 423 423
Construction Engineering - City Costs**0
Total 0137,27300137,273
Prior Years 20122013 2014 Total
*505 Funds Budgeted ( )0(179,490)00(179,490)
505 Funds Needed 0137,27300137,273
*505 Funds Project Contingency ( )0 (42,217)00(42,217)
505 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
505 Facilities Budget Status
**City Staff Costs are allocated from the General Engineering budget for Public Works staff and from the Facilities budget for Facilities staff.
H:\PROJ\CP1210-AVHS Site Work Improvements\Budget\CP1210.BudgetStatusSheet.xls
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Vadis Service Agreement #AG-S-062
Date:
December 4, 2012
Department:
Finance
Attachments:
Vadis Service Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council approve the 2013-2014 Service Agreement No. AG-S-062 with Vadis.
Background Summary:
AG-S-062 is a bi-annual service agreement between the City of Auburn and Vadis for a litter
control program, beginning January 1, 2013, and ending December 31, 2014. This agreement
also includes a recycling pickup program that runs from April to September of each year. The
City's current agreement with Vadis is valid through December 31, 2012. The fees for services
under this agreement shall not exceed $148,188 in 2013 and $151,890 in 2014.
Vadis is a non-profit corporation that develops employment opportunities for individuals with
disabilities. Each litter crew is made up of five 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 waste receptacles, 15 ash receptacles (for
cigarette butts), and 45 recycling receptacles in the City.
3) The recycling crew maintains 90 recycling containers at the City Parks.
4) The litter crews respond to calls on illegal dumping 2 - 3 times per week.
5) The litter crews also fill sandbags as needed.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:December 10, 2012 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 14 of 61
AG-S-062
Vadis
Page 1 of 7
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-062
THIS AGREEMENT made and entered into on this day of , 2012,
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 Provider 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 work, 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.”) The 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 forth 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 part of this Agreement as
originally executed. The performance of services pursuant to an Amendment shall be
subject to the terms and conditions of this Agreement except where the Amendment
provides to the contrary, in which case the terms and conditions of any such
Amendment shall control. In all other respects, any Amendment shall supplement
and be construed in accordance with the terms and conditions of this Agreement.
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AG-S-062
Vadis
Page 2 of 7
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 execution of Amendment impractical prior to
the commencement of the Provider’s performance of the requested services. The
Provider hereby agrees that it shall perform such services upon the written request of
an authorized representative of the City pending execution of an Amendment, at a
rate of compensation to be agreed to in connection 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 provided for herein, and is qualified to perform
such services.
5. City’s Responsibilities
The City shall do the following in a timely manner so as not to delay the services of
the Provider:
a. Designate in writing a person to act as the City’s representative with respect to the
services. The City’s designee shall have complete authority to transmit
instructions, receive information, interpret and define the City’s policies and
decisions with respect to the services.
b. Furnish the Provider with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Provider to
perform the services provided for herein.
Specific responsibilities of the 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 the 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 provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
professional standard acceptable to the City.
8. Compensation
As compensation for the Provider’s performance 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 statement of time spent on tasks included in the
scope of work provided herein, and the City shall process the invoice or statement in
the next billing/claim cycle following receipt of the invoice or statement, and shall
remit payment to the Provider thereafter in the normal course, subject to any
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AG-S-062
Vadis
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conditions or provisions in this Agreement 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 authorized in writing
by the City. The Provider shall perform the services provided for herein in
accordance with the direction and scheduling provided on Exhibit “A” attached hereto
and incorporated herein by this reference, unless otherwise agreed to in writing by
the parties. The Term of this Agreement shall terminate on December 31, 2014.
10. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared
by the Provider as part of his performance 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 subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly 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 for 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 arises between the parties while this Contract
is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the
Provider shall continue to make a good faith effort to cooperate and continue work
toward successful completion of assigned duties and responsibilities.
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 this Agreement shall be served on or mailed to the following
addresses:
City of Auburn VADIS
Joan Nelson Mary Bushnell
Solid Waste & Recycling Supervisor 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 States mail, postage prepaid, for mailing by certified mail,
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Vadis
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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 notice 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 responsible for maintaining, during the term of this Agreement
and at its sole cost and expense, the types of insurance coverages and in the
amounts described below. Insurance is to be placed with authorized insurers in
Washington State with a current 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 insurance, covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage. Provider
shall maintain automobile insurance with minimum combined single limit for bodily
injury and property damage of $1,000,000.00 per accident.
b. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no
endorsement or modification of the Commercial General Liability insurance for
liability arising from explosion, collapse 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 endorsement CG 20 10 10 01 and Additional Insured-
Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing equivalent coverage. Commercial General Liability insurance shall be
written with limits no less than $1,000,000.00 each occurrence, $2,000,000.00
general aggregate, and a $2,000,000.00 products-completed operations
aggregate limit.
c. Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
16. Indemnification
The Provider shall indemnify and hold harmless the City and its officers, agents and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of
the negligent act or omission of the Provider, its officers, agents, employees, or any
of them relating to or arising out of the performance of this Agreement. If a final
judgment is rendered against the City, its officers, agents, employees and/or any of
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Vadis
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them, or jointly against the City and the Provider and their respective officers, agents
and employees, or any of them, the Provider shall satisfy the 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 the other party hereto. No
assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liability or obligation under this Agreement, or to cause
any such liability or obligation to be reduced to a secondary liability or obligation.
18. Nondiscrimination
The Provider may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other 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 authorized representative(s)
and specifying with particularity the nature 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 arising 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 perform 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 provided for herein are no longer needed from
the Provider.
If this Agreement is terminated through no fault of the Provider, 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 their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the
exclusive benefit of the parties hereto and it does not create a contractual relationship
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with or exist for the benefit of any third party, including contractors, sub-contractors
and their sureties.
22. Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable 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 Washington 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 not site specific, then in King County, Washington; provided,
however, that it is agreed and understood that any applicable statute of limitation
shall commence no later than the substantial completion by the Provider of the
services.
24. Captions, Headings and Titles
All captions, headings or titles in the paragraphs 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 limitation of the scope of the particular paragraph or sections
to which they apply. As used herein, where appropriate, the singular shall include the
plural and vice versa and masculine, feminine and neuter expressions shall be
interchangeable. Interpretation or construction 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 whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of this Agreement.
26. Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect to
the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties 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 effective when one or more counterparts
have been signed by each of the parties and delivered to the other party.
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IN WITNESS WHEREOF, the parties hereto 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
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AG-S-062
Exhibit A
Page 1 of 2
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 with disabilities, on a two-year 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 but not limited to streets, roads, alleys,
paths, and parkways), public parking lots, and other designated areas. An additional
supervisor, possessing a “Traffic Control Flagging License” certified by the State of
Washington, will perform flagging on the busy streets such as Howard Road, Kersey
Way, and Auburn Way South. This additional supervisor will be available two days
per month.
B. Examination of Work Sites
The Provider shall examine all work sites thoroughly before commencing work at the
site. It shall be the responsibility 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 Solid Waste and Recycling Supervisor on a
daily basis.
C. Hours
•••• The Provider shall perform tasks to completion between the hours of 8:00 AM
and 3:30 PM Monday through Friday.
•••• The Provider shall recognize the same observed holidays as the City.
•••• The Provider will also take two (2) Floating 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 perform 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 320th St one day per month.
B. Hours
The Provider’s Hill Litter Crew shall perform tasks to completion between the hours
of 8:00 AM and 3:30 PM on three days of the week, Monday through Friday.
CA.C Page 22 of 61
AG-S-062
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 collect recyclables from the City-owned
recycling receptacles and maintain the recycling receptacles in the City of Auburn
Parks for a total of 15 hours per week from April to September. The Recycling Crew
will be supervised and will bring a second Provider vehicle.
B. Hours
The Provider’s Recycling Crew shall perform tasks to completion between the hours
of 8:00 AM and 3:30 PM on three days of the week, Monday through Friday.
CA.C Page 23 of 61
AG-S-062
Exhibit B
Page 1 of 2
EXHIBIT B
RESPONSIBILITIES
PROVIDER
The Provider shall be responsible 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 work 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-related costs. Although the
Provider’s company headquarters may be located outside of Auburn, Washington,
the Provider shall provide a full-time supervisor in the Auburn geographical area who
will continuously oversee the Provider’s employee work and will have authority to
represent the Provider in the day-to-day activities. The Provider supervisor must be
trained in traffic control and must possess a “Traffic Control Flagging License”
certified by the State of Washington. The Provider will present the supervisor’s
name, address, and telephone number to the City’s Solid Waste and Recycling
Supervisor at the beginning of the contract period.
3. The Provider is responsible for the security 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 the City for the Provider’s use in the
performance of contracted duties. No equipment 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 date of the Agreement. The quality control system shall
be a plan specifying how the Provider will accomplish maintaining the level of
performance required under this Agreement. Quality control statements shall be
provided to the City’s Solid Waste and Recycling Supervisor on a monthly basis.
5. The Provider shall supply a motor vehicle to transport its employees to and from the
designated work sites. The Provider’s vehicle shall be well identified with signs and
equipped with safety warning lights, strobe light, and emergency flashers.
6. The Provider shall supply rain gear, foul weather gear, footwear as required, and
clothing as needed for its employees.
CA.C Page 24 of 61
AG-S-062
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 shall be inspected for fire hazards; electrical
or power machines and/or equipment shall be turned off; outside doors and windows
closed and locked; gates closed and locked and all miscellaneous work tools and
equipment shall be inspected and put away.
CITY
The City shall be responsible for the following:
1. The City shall supply litter bags to the Provider for its use in the collection of litter,
trash, and debris.
2. The City shall supply traffic control devices, e.g., signs and traffic cones to the
Provider so the Provider can place the traffic 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 basic guide for the distribution of work
each week. The work schedule may be changed as deemed appropriate by the City
and a copy of such changes provided to the Provider and the City. The City shall
determine the priority of the various assignments. The City shall verify that all
services are satisfactorily performed as scheduled.
CA.C Page 25 of 61
AG-S-062
Exhibit C
Page 1 of 1
EXHIBIT C
FEE SCHEDULE
2013 Fee Schedule
Not-To-Exceed
Monthly Fee # of Months Amount
Litter Crew $7,180.00 12 $ 86,160.00
Hill Litter Crew $3,555.00 12 $ 42,660.00
Recycling Crew $3,228.00 6 $ 19,368.00
Total Not To Exceed Amount $ 148,188.00
2014 Fee Schedule
Not-To-Exceed
Monthly Fee # of Months Amount
Litter Crew $7,359.00 12 $ 88,308.00
Hill Litter Crew $3,644.00 12 $ 43,728.00
Recycling Crew $3,309.00 6 $ 19,854.00
Total Not To Exceed Amount $ 151,890.00
CA.C Page 26 of 61
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4886
Date:
November 28, 2012
Department:
Parks/Art and Recreation
Attachments:
Resolution 4886
Cemetery Fee Schedule
Budget Impact:
$0
Administrative Recommendation:
It is recommended that ACC 3.04.090 be modified by resolution 4886 to reflect that the
Endowed Care Fee be added to the sale of each grave, niche and crypt as set forth in
the City of Auburn Fee Schedule.
Background Summary:
Staff continues to implement business practices that will assist the financial health of the
Cemetery. It is recommended that the Endowed Care Fund allocation be modified as
described.
The recommended change will increase the cost of graves, niches and crypts 10%. This
will relate to an approximate revenue increase of $30,000 annually.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Faber
Meeting Date:December 10, 2012 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 27 of 61
--------------------------------------
Resolution No. 4886
November 27, 2012
Page 1 of 2
RESOLUTION NO. 4 8 8 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY OF
AUBURN FEE SCHEDULE RELATING TO FEES
CHARGED BY THE CEMETERY
WHEREAS, in connection with the municipal functions and operations of the City
of Auburn, the City provides various public services, a number of which entail fees; and,
WHEREAS, the City Council provided for adoption of a City of Auburn Fee
Schedules in the adoption of Ordinance No. 5707; and,
WHEREAS, in the normal course of reviewing cemetery fees and costs, it is
appropriate to revise and amend amounts charged for certain materials and services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES, as follows:
Section 1. Section E of the City of Auburn Fee Schedule related to City
Cemetery Fees is hereby amended and updated as set forth in the attached Exhibit “A,”
incorporated herein by this reference.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall be in full force and affect upon passage and
signatures hereon.
DATED and SIGNED this ____ day of __________________, 2012.
CITY OF AUBURN
__________________________
PETER B. LEWIS, MAYOR
RES.A Page 28 of 61
--------------------------------------
Resolution No. 4886
November 27, 2012
Page 2 of 2
ATTEST:
__________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
RES.A Page 29 of 61
E. CITY CEMETERY FEES (Per Ordinance 5715, Resolution No. 3797, Resolution No.
3953, Resolution No. 4027, Resolution No. 4103, Resolution No. 4117, Resolution No. 4272
Resolution No. 4424, Resolution No. 4552, Resolution No. 4675, Resolution 4778, Resolution
No. 4880, and Resolution No. _____.)
GRAVES
Section 9A and 9B $2,395.00 - $2,495.00
All other adult graves $1,995.00 - $2,195.00
Child’s Place $300.00
Double Depth (includes 2 burial spaces / 2 liners) $4,390.00
Section 9A & 9B (Quads & Upright monument plots) $3,995.00 each
Section 9B (Dry river bed area – Block 41A) $4,995.00 each new
GROUND CREMATION PLOTS
Centennial Urn Garden (single) $695.00 - $995.00
Centennial Urn Garden (double) $1,295.00
Section 9 Upright Section Urn Plots (4 urns) $3,195.00
NICHES
Mausoleum (top rows available only)
Single $695.00
Centennial Columbarium II (1 or 2 urns)
Row 1 Top SOLD OUT
Row 2 Middle SOLD OUT
Row 3 Middle $1,795.00 - $1,895.00
Row 4 Bottom $1,695.00 - $1,795.00
CHAPEL OF MEMORIES – INTERIOR NICHES*
Niche Dimensions
12 x 12 Single $2,195.00 – $3,595.00
12 x 18 Double $3,295.00 – $5,995.00
12 x 24 Family (up to 3 urns) $6,895.00 – $8,295.00
*The above niche prices include one bud vase per niche. Inurnment will be $395.00 - $495.00
per occasion. See guidelines for additional pertinent information. A single inscription on the
glass front is $175.00 - $195.00 plus tax. Urn’s to be purchased separately.
CHAPEL OF MEMORIES – EXTERIOR NICHES*
Rows 4, 5 & 6 Rows 2 & 3 Rows 1, 7 & 8
Niche $2,695.00 $2,295.00 $1,895.00
*If the niche (external) is to be used as a double niche, the inurnment, inscription and tax will be
due when a second urn is placed. (Row 1 is the bottom row)
OVERTIME WILL BE CHARGED AT $150.00 - $175.00 PER HOUR AFTER 4:30 P.M., MONDAY
THROUGH FRIDAY. THE SATURDAY SERVICE CHARGE IS $595.00 - $695.00 FOR FULL
INTERMENT AND $325.00 - $395.00 FOR CREMATION SERVICES.
EXTENDED LAND USE $495.00
MEMORIAL PLAQUE - $175.00 additional for inscription + tax $295.00
SERVICES
“Chapel of Memories” rental for services $195.00
Opening and Closing – Ground Burials
Liner/Vault $1,195.00 - $1,295.00
Children’s Place $295.00
Opening and Closing – Cremation
ForestWalk $495.00 - $595.00
RES.A Page 30 of 61
Cremation Plot $495.00 - $595.00
Niche - $175.00 - $195.00 for additional inscription + tax $395.00
Opening and Closing – Entombment - $175.00 - $195.00
inscription + tax
$895.00
Vault Installation + tax $395.00
Marker Services
Flat Grass:
Setting Fee + tax $295.00
Resetting Fee + tax $150.00
New Inspection Fee for outside sales $150.00
Upright:
Setting Fee + tax $425.00
Resetting Fee $325.00
Vase Setting Fee + tax $45.00
Recording Fee $100.00
Overtime Charge – per hour $175.00
Saturday Service Fee
Full Interment $595.00 - $695.00
Cremation $325.00 - $395.00
MATERIALS
Flower Vases: (prices include vase setting fee)
Standard $125.00
Deluxe Cast Zinc (gray or bronze zinc) $175.00
Deluxe Wall (brass) $175.00
Liners: Concrete Liner + tax $595.00 - $695.00
Mountain View Vault (+ installation fee & tax) $795.00 - $995.00
Double Depth + tax $895.00
Infant + tax **as required
Urn Encasement + tax $195.00
Vault Installation + tax $395.00 - $495.00
FORESTWALK INFORMAL CREMATION GARDEN
Single 3’ Double 4’
Single Ground Plot $695.00 - $995.00 Double Ground Plot $2,195.00-$3,995.00
Feature Site 4’ Wishing Well
Double Ground Plot $SOLD OUT Scattering $295.00
+ monument and tax
Biodegradable Urn $125.00 + tax Add for 2nd Inurnment $495.00
Granite Memorials - start at $295.00 + tax Add for 2nd Marker Inscription $195.00+ tax
CEMETERY ENDOWMENT CARE FEE 10% of the base, pre-tax sales price of each
grave, niche, and crypt.
RES.A Page 31 of 61
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4888
Date:
December 5, 2012
Department:
Police
Attachments:
Resolution No. 4888
Scope of Work
Memorandum of Agreement
Budget Impact:
$0
Administrative Recommendation:
Municipal Services Committee recommend City Council authorize the execution of the
Memorandum of Agreement between the City of Auburn and King County.
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Lee
Meeting Date:December 10, 2012 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 32 of 61
------------------------------
Resolution No. 4888
December 5, 2012
Page 1 of 2
RESOLUTION NO. 4 8 8 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE
MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF AUBURN AND KING COUNTY FOR PRE-
DESIGN SERVICES
WHEREAS, the City of Auburn and the Valley Regional Fire Authority
(VRFA) have been discussing the construction of a regional training center that
for firearms, hazardous materials, fire and other emergency situation training;
and
WHEREAS, King County, as a potential user of the facility, is interested
in having early and on-going input into the design of the facility.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and the Auburn City Clerk are hereby
authorized to execute a Memorandum of Agreement between the City of
Auburn and King County for pre-design services, which agreement shall be in
substantial conformity with the Memorandum of Agreement attached hereto as
Exhibit “A” and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
RES.B Page 33 of 61
------------------------------
Resolution No. 4888
December 5, 2012
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 _________________, 20______.
CITY OF AUBURN
_______________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
RES.B Page 34 of 61
1
Scope of Work – Regional Training Facility
Preliminary Design Services
ASSUMPTIONS:
• The site will be a multi-purpose training facility for regional police and fire training.
The City of Auburn will be the lead agency for the preliminary design phase of the
project and will work in coordination with representatives from Valley Regional Fire
Authority (VRFA) and the King County’s Sheriff’s Office (KCSO).
• All agreements and understandings related to commitment of funds, staff
participation and decision-making between the City of Auburn, VRFA and KCSO
shall have been addressed and executed prior to the initiation of any contracts for
professional services and project task work.
• Total project budget range is anticipated to be in the range of $12-20 million.
• Basic Architectural & Engineering services are normally 8 percent of total project
budget (i.e., $1.0 million to $ 1.5 million).
• Available current budget is $70,000 to 100,000.
• Available current budget allows only for preliminary site and building design services
inclusive of space programming.
• Preliminary design services will not address structural mechanical, plumbing and
electrical design services – these services will need to be conducted when additional
funding is available.
• Preliminary design services will not result in the production of construction bid level
documents. These documents and the associated services for their production will
be conducted when additional funding is available.
• Development of a construction level bid set of plans will not occur at this stage of
design – this will occur when additional project funding becomes available.
WORK TIMEFRAME:
To Be Determined.
KEY PARTNERS:
City of Auburn, Valley Regional Fire authority, King County Sheriff’s Office
KEY INVOLVED CITY DEPARTMENTS:
Mayor’s Office, Planning and Development, Public Works Department, Facilities, Police,
Finance
PROJECT MANAGER:
Steven Burke, Special Project/Construction Manager, City of Auburn
RES.B Page 35 of 61
2
SCOPE OF WORK:
TASK 1: PROFESSIONAL CONSULTANT SERVICES SELECTION AND CONTRACT EXECUTION
The City will retain the services of a qualified professional consulting architect. The City
will coordinate with VRFA and KCSO during the consultant selection process regarding
potential consultant candidates. The City will process and execute a contract with the
selected consultant including contract review and acceptance by the Auburn City
Council.
Deliverable(s):
1. Selection of qualified professional consultant
2. Executed professional services agreement with the City of Auburn
TASK 2: PROJECT KICK-OFF MEETING/SITE VISIT
The City, working with the project consultant, will organize and conduct a one (1) day
project kick-off meeting inclusive of a site visit. Representatives identified by each of the
affected agencies will be invited to attend. The project kick-off meeting is intended to
develop a framework of understanding and agreement for the facility’s mission and
vision, operational features as well as distinct organizational requirements and
expectations. The project kick-off meeting will identify individual and collective needs,
issues, questions and concerns. It will identify outstanding issues that need to be
resolved and/or work tasks that need to be conducted by the City, VRFA, KCSO and the
selected consultant. A detailed meeting summary will be prepared immediately following
the meeting that captures key issues, agreements, work efforts and/or problems as well
as possible solutions and key responsible parties.
Deliverable(s):
1. One (1) day project meeting
2. Site visit
3. Detailed meeting summary
TASK 3: SPACE PROGRAMMING
The project consultant will meet individually with the City, VRFA and KCSO to
understand and develop space programming needs and requirements. The project
consultant will develop a detailed space programming matrix or similar document that
specifies the individual and shared agency needs and requirements for review and
approval. This matrix will form the basis for the schematic site and building (s) designs.
RES.B Page 36 of 61
3
Deliverable(s):
1. Meetings with City, VRFA, KCSO
2. Detailed Space Programming Matrix
TASK 4: DRAFT PRELIMINARY PLANS PRODUCTION
The project consultant will prepare draft preliminary plans based on the work conducted
for Tasks 1-3 addressing site design and building design including preliminary floor
plans. The project consultant will prepare a colored site plan and colored perspective
renderings for use by the agencies in pursuing and obtaining project funding. The
project consultant will also develop a preliminary cost estimate for the project.
Deliverable(s):
1. Preliminary plans for site and building designs
2. Colored site plan
3. Colored perspective renderings
4. Preliminary cost estimate
TASK 5: DRAFT PRELIMINARY PLANS REVIEW
The project consultant will facilitate individual and/or group meetings with staff
representatives of the City, VRFA and KCSO to review and obtain feedback on
preliminary plans. The project consultant will meet, as requested, with official
committees or other entities of the City, VRFA and KCSO to review the plans.
Deliverable(s):
1. Meetings with staff representatives of City, VRFA and KCSO
2. Meetings, as requested, with official committees or entities of City, VRFA and KCSO
TASK 6: FINALIZATION OF PRELIMINARY PLANS
Following consultation with staff and/or elected representatives of City, VRFA and
KCSO, the project consultant will prepare final versions of preliminary site drawing,
building and floor plan drawings. The project consultant will also prepare final versions
of colored site plan and colored perspective renderings. The project will also prepare a
final cost estimate.
Deliverable(s):
1. Final version of preliminary site plan
2. Final version of preliminary building design and floor plans
3. Final version of colored site plan
4. Final version of colored perspective drawings
RES.B Page 37 of 61
4
5. Final cost estimate
TASK 7: PROJECT DESIGN COMMITTEE MEETINGS
The project consultant will participate in a minimum of one (1) meeting a month with the
Project Design Committee whose members will include the City’s project manager and
one (1) representative each from VRFA and KCSO. The Committee’s purpose will be to
provide iterative information, ideas and feedback to the project consultant to insure
consistency and collaboration throughout the project. The Committee will assist the
City’s project manager in identifying potential additional specialty design or consultant
services needed to assist in future schematic and other design efforts based on the
individual and collective needs and requirements of the agencies. The City’s project
manager shall facilitate these meetings. The project consultant will, as requested by the
City’s project manager, attend additional Committee meetings.
Deliverable(s):
1. Attendance at minimum of one (1) monthly Committee meeting
2. Attendance at other Committee meetings as requested
TASK 8: PROJECT MANAGEMENT
The project consultant will coordinate as needed with the City’s project manager on
general or specific project management issues or concerns. The project consultant shall
prepare monthly invoices for submittal to the City’s project manager and shall revise as
requested. In addition, the consultant shall as part of the monthly invoice submittal,
provide a Strategic Management Report (SMR) addressing recently completed work,
upcoming work to be completed and key issues or concerns.
Deliverable(s):
1. Coordination with City’s project manger
2. Monthly invoices
3. Monthly Strategic Management Reports
RES.B Page 38 of 61
Attachment B
Memorandum Of Agreement between the
City of Auburn and King County
For Pre-design Services
This is a Memorandum of Agreement between the City of Auburn (“City”) and King
County (“County”) related to cooperative design of a proposed joint training facility.
Recitals:
1. The City and the Valley Regional Fire Authority (“VRFA”) have, since
approximately 2004, been discussing constructing a training center in Auburn that
would be available on a regional basis for firearms, hazardous materials, fire, and
other emergency situtation training.
2. King County, as a potential user of this facility, is interested in having early, and
on-going, input into the design of this facility.
NOW THEREFORE, the Parties hereby agree as follows :
1. GENERAL:
1.1. The Parties agree to jointly fund preliminary design services in accordance
with the scope of work at Exhibit A.
1.2. The Parties agree that this Memorandum of Agreement is to provide
conceptual guidance only. It does not require the Parties to engage in any
further work on the Facility, and does not commit either of the Parties to any
additional expenditures.
2. AUBURN’S RESPONSIBILITIES:
2.1. Serve as the lead agency. Execute any neccesary contracts with engineers or
other entities for the pre-design study.
2.2. Provide the County with draft copies of the scope of work for the study, and
either incorporate the County’s comments, or provide written responses
explaining why the comments were not incorporated.
3. COUNTY’S RESPONSIBILITIES
3.1. Designate a point of contact.
3.2. Upon receipt for documents for review from the City, provide comments back
to the City within 15 calendar days.
4. COMPENSATION:
RES.B Page 39 of 61
Attachment B
Each party will contribute Thirty-Five Thousand Dollars ($35,000.00). The County
will provide its contribution to the City not later than December 15, 2012.
5. DURATION:
This agreement begins upon the last date signed by either party and will remain in
effect until the preliminary design study is complete. Any party may terminate this
agreement upon 90 days prior written notice, provided a contract has not been
entered into for the study. Once a contract has been entered into, this agreement
may not be terminated.
6. INDEMNIFICATION:
6.1. Each City shall indemnify and hold harmless the other Cities and its officers,
agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by
reason of or arising out of any act or omission of the City, its officers, agents
and employees, or any of them, in the performance of this Agreement.
6.2. In the event that any suit based on such a claim, action, loss or damage is
brought against one City based on the actions of an employee of another
City, the City for whom the employee works shall defend the same at its sole
costs and expense; provided, that the City against whom the suit was filed
retains the right to participate in said suit.
7. AUDITS AND INSPECTIONS:
The records and documents with respect to all matters covered by this contract
shall be subject to inspection, review or audit by any City during the term of this
contract and for three (3) years after termination.
8. AMENDMENTS:
The Agreement may be amended at any time by mutual written agreement of the
parties.
9. ENTIRE AGREEMENT:
The parties agree that this Agreement is the complete expression of the terms
hereto and any oral representations or understanding not incorporated herein are
excluded.
10. CONTRACT ADMINISTRATION:
The parties have each appointed the following representatives to administer this
MOU.
AUBURN
_____________
KING COUNTY
________________
RES.B Page 40 of 61
Attachment B
25 W. Main Street
Auburn, WA 98001
__________________
__________________
__________________
___________________
The contract administrators will meet as needed with any of the parties authorized to
call a meeting within ten days written notice to the other.
IN WITNESS WHEREOF, the parties have executed this agreement.
City of Auburn
King County
Peter B. Lewis, Mayor
Date Date
Attest: Attest:
Danielle Daskam, City Clerk
Date Date
Approved as to Form Approved as to Form
City Attorney City Attorney
Date
Date
RES.B Page 41 of 61
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4889
Date:
December 5, 2012
Department:
Finance
Attachments:
Resolution No. 4889
Contract
Budget Impact:
$0
Administrative Recommendation:
Approve Grant Receipt for $20,816.49
Background Summary:
Seattle-King County Department of Public Health requests to enter into a contract with
the City of Auburn for the Local Hazardous Waste Management Program. King County
has extended $20,816.49 for the City to promote the Neighborhood Natural Yard Care
Program to one neighborhood and provide hazardous waste education to residents and
businesses.
1) Neighborhood Natural Yard Care Program
This program has been delivered to eight neighborhoods in the past. Three workshop
presentations will be given to the Southeast Auburn neighborhood that includes the
Academy, Forest Villa, Forest Ridge, and Riverwalk areas. The presentations will focus
on various yard care techniques that contribute to environmental health and safety. The
Water and Storm Utilities also contribute resources to this program.
2) Residential Hazardous Waste Education
Household hazardous waste education to residents will include: a postcard mailed to
residents, information for new residents on proper hazardous waste disposal, and a
consultant to provide outreach at City-sponsored events.
3) Business Hazardous Waste Education
Business Hazardous Waste education will include information on proper hazardous
waste disposal that is distributed through mailings, City-sponsored events, displays or
advertisements.
Reviewed by Council Committees:
Finance, Municipal Services
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 42 of 61
Councilmember:Staff:Coleman
Meeting Date:December 10, 2012 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 43 of 61
-----------------------------
Resolution No. 4889
December 5, 2012
Page 1 of 2
RESOLUTION NO. 4889
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 2013 LOCAL HAZARDOUS WASTE MANAGEMENT
PROGRAM ACTIVITIES.
WHEREAS, the Seattle King-County Department of Public Health has agreed to
reimburse the City of Auburn in the amount of $20,816.49 for costs associated with the
City’s Local Hazardous Waste Management Program; and
WHEREAS, in order to accept the monies offered by the Seattle-King County
Department of Public Health, it is necessary for the City to enter into a services contract
which specifies the administrative procedures governing the reimbursement of funds
spent in the City’s Local Hazardous Waste Management Program.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are authorized to
execute the King County Contract for Services, a copy of which is attached hereto as
Exhibit “A” and incorporated by reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation, including
providing for the expenditure and appropriation therefore in appropriate budget
documents.
RES.C Page 44 of 61
-----------------------------
Resolution No. 4889
December 5, 2012
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 _________________, 2012.
CITY OF AUBURN
___________________________________
PETER B. LEWIS
MAYOR
ATTEST:
___________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
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Contract # EHS2820 Page # 1 of 9
King County Contract No. EHS2820
Federal Taxpayer ID No. 91-6001228
This form is available in alternate formats for people with disabilities upon request .
KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION,
OR JURISDICTION – 2013
Department
Division
Seattle-King County Dept. of Public Health (a.k.a. Public Health – Seattle & King
County)/EHS
Contractor City of Auburn
Project Title Local Hazardous Waste Management Program
Contract Amount Twenty Thousand Eight Hundred and Sixteen Dollars and Forty Nine Cents
Contract Period Start date: 01/01/2013 End date: 12/31/2013
THIS CONTRACT is entered into by KING COUNTY (the “County”), and City of Auburn (the
“Contractor”), whose address is 25 W Main St., Auburn, WA 98001-4998.
WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates:
FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
COUNTY $20,816.49 1/1/2013 - 12/31/2013
TOTAL $20,816.49 1/1/2013 - 12/31/2013
and
WHEREAS, the County desires to have certain services performed by the Contractor as described in this
Contract, and as authorized by the 2013 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 requirements set forth in the following
attached exhibits, which are incorporated herein by reference:
A Program Exhibits and Requirements
• Exhibit A: Scope of Work
• Exhibit B: Budget
• Exhibit C: Invoice
B King County Required Forms
• Exhibit D: Certificate of Insurance and Additional Insured Endorsement
II Term and Termination
A This Contract shall commence on 01/01/2013, and shall terminate on 12/31/2013, unless extended
or terminated earlier, pursuant to the terms and conditions of the Contract.
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B This Contract may be terminated by the either party without cause, in whole or in part, prior to the
date specified in Subsection II.A. above, by providing the other party thirty (30) days advance
written notice of the termination.
C The County may terminate this Contract, in whole or in part, upon seven (7) days advance written
notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required
pursuant to this Contract, or (2) the duties, obligations, or services required herein become
impossible, illegal, or not feasible.
If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor
shall be liable for damages, including any additional costs of procurement of similar services from
another source.
If the termination results from acts or omissions of the Contractor, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor
shall return to the County immediately any funds, misappropriated or unexpended, which have
been paid to the Contractor by the County.
D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to
the termination date set forth above in Subsection II.A., the County may, upon written notification
to the Contractor, terminate this Contract in whole or in part.
If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for
payment in accordance with the terms of this Contract for services rendered prior to the effective
date of termination; and (2) the Contractor shall be released from any obligation to provide such
further services pursuant to the Contract as are affected by the termination.
Funding or obligation under this Contract beyond the current appropriation year is conditional upon
appropriation by the County Council of sufficient funds to support the activities described in the
Contract. Should such appropriation not be approved, this Contract will terminate at the close of
the current appropriation year.
E Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law
that either party may have in the event that the obligations, terms, and conditions set forth in this
Contract are breached by the other party.
III Compensation and Method of Payment
A The County shall reimburse the Contractor for satisfactory completion of the services and
requirements specified in this Contract, payable in the following manner:
Upon receipt and approval by the County 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 approval of corrected invoices and reports. The
County shall make payment to the Contractor not more than 30 days after a complete and
accurate invoice is received.
C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date
this Contract terminates. If the Contractor’s final invoice and reports are not submitted by the day
specified in this subsection, the County will be relieved of all liability for payment to the Contractor
of the amounts set forth in said invoice or any subsequent invoice.
D When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from
the County under this Contract in accordance with said budget. The contract may contain
separate budgets for separate program components. The Contractor 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
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budget. Supporting documents necessary to explain fully the nature and purpose of the
amendment must accompany each request for an amendment.
E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging,
and meal expenses are limited to the eligible costs based on the following rates and criteria.
1 The mileage rate allowed by King County shall not exceed the current Internal Revenue
Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate
shall be paid for the operation, maintenance and depreciation of individually owned vehicles
for that time which the vehicle is used during work hours. Parking shall be the actual cost.
When rental vehicles are authorized, government rates shall be requested. If the Contractor
does not request government rates, the Contractor shall be personally responsible for the
difference. Please reference the federal web site for current rates: http://www.gsa.gov.
2 Reimbursement for meals shall be limited to the per diem rates established by federal travel
requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A.
Please reference http://www.gsa.gov for the current host city per diem rates.
3 Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The
Contractor shall always request government rates.
4 Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work activity
of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air
travel occurring as part of federal grant must be in accordance with the Fly America Act.
IV Internal Control and Accounting System
The Contractor shall establish and maintain a system of accounting and internal controls which complies
with applicable, generally accepted government accounting standards (GAGAS).
V Debarment and Suspension Certification
Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are excluded
from contracting with the County. The Contractor, by signature to this Contract, certifies that the
Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department
or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is
debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the
event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal
department or agency. For more information on suspension and debarment, see Federal Acquisition
Regulation 9.4.
VI Maintenance of Records/Evaluations and Inspections
A The Contractor shall maintain accounts and records, including personnel, property, financial, and
programmatic records and other such records as may be deemed necessary by the County to
ensure proper accounting for all Contract funds and compliance with this Contract.
B In accordance with the nondiscrimination and equal employment opportunity requirements set forth
in Section XIV. below, the Contractor shall maintain the following:
1 Records of employment, employment advertisements, application forms, and other pertinent
data, records and information related to employment, applications for employment or the
administration or delivery of services or any other benefits under this Contract; and
2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor
by all businesses seeking to participate on this Contract, and any other information
necessary to document the actual use of and payments to subcontractors and suppliers in
this Contract, including employment records.
The County may visit, at any mutually agreeable time, the site of the work and the Contractor’s
office to review the foregoing records. The Contractor shall provide every assistance requested by
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the County during such visits. In all other respects, the Contractor shall make the foregoing
records available to the County for inspection and copying upon request. If this Contract involves
federal funds, the Contractor shall comply with all record keeping requirements set forth in any
federal rules, regulations or statutes included or referenced in the contract documents.
C Except as provided in Section VII of this Contract, the records listed in A and B above shall be
maintained for a period of six (6) years after termination hereof unless permission to destroy them
is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW)
Chapter 40.14.
D Medical records shall be maintained and preserved by the Contractor in accordance with state and
federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and
standard medical records practice. If the Contractor ceases operations under this Contract, the
Contractor shall be responsible for the disposition and maintenance of such medical records.
E The Contractor agrees to cooperate with the County or its agent in the evaluation of the
Contractor’s performance under this Contract and to make available all information reasonably
required by any such evaluation process. The results and records of said evaluations shall be
maintained and disclosed in accordance with RCW Chapter 42.56.
F The Contractor agrees that all inf ormation, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state and
federal law.
VII Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA)
The Contractor shall not use protected health information created or shared under this Contract in any
manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its
provisions. Contractor shall read and certify compliance with all HIPAA requirements at
http://www.kingcounty.gov/healthservices/health/partnerships/contracts
VIII Audits
A If the Contractor or subcontractor is a municipal entity or other government institution or
jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total
of $500,000 or more in federal financial assistance and has received federal financial assistance
from the County during its fiscal year, then the Contractor or subcontractor shall meet the
respective A-133 requirements described in subsections VIII.B. and VIII.C.
B If the Contractor is a non-profit organization, it shall have an independent audit conducted of its
financial statement and condition, which shall comply with the requirements of GAAS (generally
accepted auditing standards); GAO’s Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable.
The Contractor shall provide a copy of the audit report to each County division providing financial
assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor’s
fiscal year. The Contractor shall provide to the County its response and corrective action plan for
all findings and reportable conditions contained in its audit. When reference is made in its audit to
a “Management Letter” or other correspondence made by the auditor, the Contractor shall provide
copies of those communications and the Contractor’s response and corrective action plan.
Submittal of these documents shall constitute compliance with subsection VIII.A.
C If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit
to the County a copy of its annual report of examination/audit, conducted by the Washington State
Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with
subsection VIII.A.
D If the Contractor, for-profit or non-profit, receives in excess of $100,000 in funds during its fiscal
year from the County, it shall provide a fiscal year financial statement prepared by an independent
Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the
Contractor’s fiscal year.
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E Additional audit or review requirements which may be imposed on the County will be passed on to
the Contractor and the Contractor will be required to comply with any such requirements.
IX Corrective Action
If the County determines that a breach of contract has occurred, that is, the Contractor has failed to
comply with any terms or conditions of this Contract or the Contractor has failed to provide in any
manner the work or services agreed to herein, and if the County deems said breach to warrant corrective
action, the following sequential procedure will apply:
A The County will notify the Contractor in writing of the nature of the breach;
The Contractor shall respond in writing within three (3) working days of its receipt of such
notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for bringing the
Contract into compliance, which date shall not be more than ten (10) days from the date of the
Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in
the number of days to complete the corrective actions;
B The County will notify the Contractor in writing of the County’s determination as to the sufficiency
of the Contractor’s corrective action plan. The determination of sufficiency of the Contractor’s
corrective action plan shall be at the sole discretion of the County;
C In the event that the Contractor does not respond within the appropriate time with a corrective
action plan, or the Contractor’s corrective action plan is determined by the County to be
insufficient, the County may commence termination of this Contract in whole or in part pursuant to
Section II.C.;
D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor
from incurring additional obligations of funds until the County is satisfied that corrective action has
been taken or completed; and
E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section II. Subsections B, C, D, and E.
X Dispute Resolution
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that
arise in connection with this Contract. Both parties will make a good faith effort to continue without delay
to carry out their respective responsibilities under this Contract while attempting to resolve the dispute
under this section.
XI Hold Harmless and Indemnification
A In providing services under this Contract, the Contractor is an independent Contractor, and neither
it nor its officers, agents, employees, or subcontractors are employees of the County for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance,
and Social Security liability that may result from the performance of and compensation for these
services and shall make no claim of career service or civil service rights which may accrue to a
County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of
this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers,
agents, and employees from and against any and all claims, costs, and/or losses whatsoever
occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages,
benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or
supplies by Contractor employees or other suppliers in connection with or support of the
performance of this Contract.
B The Contractor further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional act,
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and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its
officers, employees, agents, or subcontractors. This duty to repay the County shall not be
diminished or extinguished by the prior termination of the Contract pursuant to the Term and
Termination section.
C The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and
agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in
any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees,
subcontractors and/or agents in its performance or non-performance of its obligations under this
Contract In the event the County incurs any judgment, award, and/or cost arising therefrom
including attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable from the Contractor.
D The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and
agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or in
any way result from, the negligent acts or omissions of the County, its officers, employees, or
agents in its performance or non-performance of its obligations under this Contract. In the event
the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys’ fees
to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
from the County.
E Claims shall include, but not be limited to, assertions that use or transfer of software, book,
document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder,
constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise
results in unfair trade practice.
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 obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
XII Insurance Requirements
By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of
this Contract, insurance against claims for injuries to persons or damages to property which may arise
from, or in connection with, the performance of work hereunder by the Contractor, its agents,
representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the
Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy
endorsements for each subcontractor as evidence of compliance with the insurance requirements of this
Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements
stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers,
and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a
material breach of this Contract. Specific coverages and requirements are at
http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and
certify compliance.
XIII Assignment/Subcontracting
A The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the written consent of the County. Said consent
must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any
proposed assignment.
B “Subcontract” shall mean any agreement between the Contractor and a subcontractor or between
subcontractors that is based on this Contract, provided that the term “subcontract” does not
include the purchase of (1) support services not related to the subject matter of this Contract, or (2)
supplies.
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C The Contractor shall include Sections III.D., III.E., IV, V, VI, VII, VIII, XI, XII, XIV, XV, XXI, and
XXV, in every subcontract or purchase agreement for services that relate to the subject matter of
this Contract.
D The Contractor agrees to include the following language verbatim in every subcontract, provider
agreement, or purchase agreement for services which relate to the subject matter of this Contract:
“Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of damages
arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its
officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor
expressly agrees and understands that King County is a third party beneficiary to this Contract and
shall have the right to bring an action against subcontractor to enforce the provisions of this
paragraph.”
XIV Nondiscrimination and Equal Employment Opportunity
The Contractor shall comply with all applicable federal, state 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, disability, sexual orientation, gender identity or expression or
age except by minimum age and retirement provisions, unless based upon a bona fide occupational
qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants
and employees are treated, without regard to their sex, race, color, marital status, national origin,
religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional
requirements are at http://www.kingcounty.gov/healthservices/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 will not willfully attempt to secure
preferential treatment in its dealings with the County by 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 it is found to have violated the
prohibition found in this paragraph, its current contracts with the county will be cancelled and it
shall not be able to bid on any county contract for a period of two years.
C The Contractor acknowledges that for one year after leaving County employment, a former County
employee may not have a financial or beneficial interest in a contract or grant that was planned,
authorized, or funded by a County action in which the former County employee participated during
County employment. Contractor shall identify at the time of offer current or former County
employees involved in the preparation of proposals or the anticipated performance of Work if
awarded the Contract. Failure to identify current or former County employees involved in this
transaction may result in the County’s denying or terminating this Contract. After Contract award,
the Contractor is responsible for notifying the County’s Project Manager of current or former
County employees who may become involved in the Contract any time during the term of the
Contract.
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 equipment is reimbursable as a
Contract budget item, is upon its purchase or receipt the property of the County and/or
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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 agreed upon by the parties.
XVII Proprietary Rights
The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or
article should result from the work described herein, all rights accruing from such material or article shall
be the sole property of the party that produces such material or article. If any patentable or
copyrightable material or article should result from the work described herein and is jointly produced by
both parties, all rights accruing from such material or article shall be owned in accordance with US
Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive,
and royalty-free license to use, according to law, any material or article and use any method that may be
developed as part of the work 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 modified for use in the performance of
this Contract.
The foregoing provisions of this section shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Contractor that are not modified for use in the
performance of this Contract.
XVIII Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Contract shall
be used for any partisan political activity or to further the election or defeat of any candidate for public
office.
XIX King County Recycled Product Procurement Policy
In accordance with King County Code 10.16, the Contractor shall use recycled paper for the production
of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the
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 for herein and assumes no
obligation for future support of the activity contracted herein 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 herein are excluded. Both parties recognize
that time is of the essence in the performance of the provisions of this Contract. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of the Contract unless stated to be such through written
approval by the County, which shall be attached to the original Contract.
XXII Contract Amendments
Either party may request changes to this Contract. Proposed changes which are mutually agreed upon
shall be incorporated by written amendments to this Contract.
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 the Contractor and the project representative of the
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County department specified on page one of this Contract. Any time within which a party must take some
action shall be computed from the date that the notice is received by said party.
XXIV Services Provided in Accordance with Law and Rule and Regulation
The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and
regulations promulgated thereunder, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Contract, all of which are incorporated
herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or attachment to
this Contract, the language in the Contract shall have control over the language contained in the exhibit
or the attachment, unless the parties affirmatively agree in writing to the contrary.
XXV Applicable Law
This Contract shall be construed and interpreted in accordance with the laws of the State of Washington.
The venue for any action hereunder shall be in the Superior Court for King County, Washington.
XXVI No Third Party Beneficiaries
Except for the parties to whom this Contract is assigned in compliance 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 conditions 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 COUNTY PROSECUTING ATTORNEY
Contract #EHS2820 - Local Hazardous Waste Management Program
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EHS2820 – City of Auburn 1
EHS2820
EXHIBIT A
CITY OF AUBURN
2013 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 relationship associated with the Program’s funding of
City activities performed under the auspices of the Plan and as approved by the Program’s
Management Coordination Committee (hereinafter referred to as the “MCC”). This Agreement
further defines the responsibilities of the City and Seattle-King County Department of Public
Health with respect to the transfer of Program monies.
Scope of Work
The City of Auburn will assist in the promotion of natural yard care to one Auburn
neighborhood.
The City will create and mail a postcard about household hazardous waste to Auburn residents,
and create a hazardous waste information brochure to include in the City’s Welcome Packets for
new residents. The City will also hire a consultant to provide outreach, education and
presentations at City public events.
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 C). Invoices should be sent to the Fund Manager for
approval and payment.
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EHS2820 – City of Auburn 2
b) A brief description of activity accomplished and funds expended in
accordance with the scope of work.
c) Copies of invoices for expenditures or a financial statement prepared by the
City’s finance department. The financial statements should include vendor
names, a description of services provided, date paid and a check or warrant
number.
3. The City shall notify the Fund Manager no later than December 15th regarding the amount of
outstanding expenditures for which the City has not yet submitted a reimbursement request.
4. It is the responsibility of the City to comply with all applicable county, state and/or federal
reporting requirements with respect to the collection and transfer of moderate risk wastes.
The City shall report to the Contract Administrator the quantity, by type, of moderate risk
waste collected using Program funds. The City shall also provide the Contract Administrator
with copies of EPA’s Non-Hazardous Waste Manifest or similar form, associated with the
transport of moderate risk waste collected through Program-funded events.
5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the
facilities associated with the City’s events or in any other way associated with activities
conducted within the scope of this Contract. In the event of a spill or other emergency, the
City is responsible for complying with all applicable laws and regulations.
6. The City agrees to appropriately acknowledge the Program in all media produced – in part or
in whole – with Program funds. The intent of this provision is to further strengthen this
regional partnership in the public’s mind.
7. The City agrees to provide the Program with copies of all media material produced for local
hazardous waste management events or activities that have been funded by the Program. The
City also agrees to allow the Program to reproduce media materials created with Program
money provided that the Program credits the City as the originator of that material.
8. This project shall be administered by Joan Nelson at the City of Auburn, 25 W Main Street,
Auburn, at (253) 931-5103, (jenelson@auburnwa.gov) or her designee.
9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled
by the Contract Administrator or Fund Manager should be referred to the LHWMP Program
Director for resolution.
B. Seattle-King County Department of Public Health
1. Seattle-King County Department of Public Health shall administer, via the attached
Contract, the transfer of Program funds to the City for hazardous waste management
events and activities.
2. Within ten (10) working days of receiving a request for reimbursement from the City, the
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
RES.C Page 56 of 61
EHS2820 – City of Auburn 3
expenditures for which reimbursement is being requested) or are not consistent with the
submitted scope of work.
C. Program Contacts
Lauren Cole Madelaine Yun
Acting LHWMP Program Director LHWMP Fund Manager
150 Nickerson Street, Suite 100 150 Nickerson Street, Suite 100
Seattle, WA 98109 Seattle, WA 98109
206-240-5977 206-352-7128
lauren.cole@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
RES.C Page 57 of 61
EHS2820 – City of Auburn
EXHIBIT B
2013 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
The City of Auburn
25 W Main Street,
Auburn, WA 98001-4998
Component Description Budget
Household Hazardous Waste Education
$20,816.49
Household Hazardous Waste Collection
TOTAL
$20,816.49
RES.C Page 58 of 61
EHS2820 – City of Auburn
EXHIBIT C
2013 INVOICE
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
From: The City of Auburn
25 W Main Street,
Auburn, WA 98001-4998
To: Madelaine Yun, Fund Manager
Local Hazardous Waste Management Program in King County
Seattle-King County Department of Public Health
150 Nickerson St., Suite 100
Seattle, WA 98109
Contract #EHS2820
Period of time: ___________________, 2013 to __________________________, 2013.
In performance of a signed Contract between King County and the City of Auburn, I hereby certify that
the following expenses were incurred during the above-mentioned period of time.
___________________________ ________________________
Signature Date
Component
Description Budget Current Expenses Previous Charges Balance
Household Hazardous
Waste Education
$20,816.49
Household Hazardous
Waste Collection
TOTAL
$20,816.49
For Health Department Use Only
FOR HEALTH DEPARTMENT USE ONLY
Oracle Purchase Order # Invoice Date Invoice # Amount to be paid
Oracle Requisition # Oracle Receipt # Oracle CPA #
Local Hazardous Waste Management Program Approval:
_________________________________ ___________
Madelaine Yun Date
RES.C Page 59 of 61
AGENDA BILL APPROVAL FORM
Agenda Subject:
Project Matrix
Date:
December 3, 2012
Department:
Police
Attachments:
Project Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:December 10, 2012 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 60 of 61
MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX
NO.PROJECT DESCRIPTION LEAD COST REVIEW DATE EST. COMPL.
DATE STATUS
10P Red Light Photo Enforcement Bob Lee 1/28/2013
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July
(Prev Apr-June); October (Prev July-Sept) 2nd meeting of the
month. RedFlex contract set to expire in the Spring;
discuss at 1st meeting in February 2013.
20P Animal Control and Rescue Kevin Snyder 1/14/2013 On-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). Animal Control Officer (non-
commissioned) starts employment on 12/3/12.
24P Fireworks Update Bob Lee 4/8/2013 On-Going Council met with MIT on 10/17/12 and reviewed the
2012 Fireworks season.
26P Graffiti Program Planning/Police On-Going Hotline Phone No. 931-3048 Ext. 7
27P Animal Control Licensing Program Michael Hursh 1/28/2013
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July
(Prev Apr-June); October (Prev July-Sept) 2nd meeting of the
month.
28 P Solid Waste Rate Review Shelley Coleman 6/10/2013
Through MSWMAC input from other cities will help COA
determine if it will change to direct billing. New rates will
go into effect January 1 (2013 & 2014). Annual rate
increases are planned in the next 4-5 years to end the
commercial subsidy for residential service.
29P Golf Course Working Capital Review and
Future Plans Shelley Coleman 1/14/2013 On-Going
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July
(Prev Apr-June); October (Prev July-Sept) 2nd meeting of the
month. 12/10/12 for golf course operations marketing
plan review.
30P Street Median Maintenance Daryl Faber 1/14/2013
Committee will work with PCDC and PW to develop and
implement standardized approach to street median
maintenance and appearance.
31P Cemetery Update Daryl Faber 1/28/2013 Review Marketing Plan.
32P Towing Bob Lee 2/11/2013 2012 End of Year report.
NO.ITEM OF INTEREST
3 I Shopping Cart Update Randy Bailey 1/14/2013 January (Prev July-Dec), July (Prev Jan-June)
4 I Ordinance No. 6398 - Pull Tabs Dan Heid 2/11/2013
Annual review of taxation basis to determine if any
changes need to be made -dependent upon status of
economy. Ordinance No. 6398 was enacted 2/21/12.
Last Revision Date: 11/27/12
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