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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. Page 2 of 61 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 Page 2 of 3 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 CA.A Page 6 of 61 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 12/3/2012CA.B Page 9 of 61 CA.B Page 10 of 61 CA.B Page 11 of 61 CA.B Page 12 of 61 CA.B Page 13 of 61 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. CA.C Page 15 of 61 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 CA.C Page 16 of 61 AG-S-062 Vadis Page 3 of 7 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, CA.C Page 17 of 61 AG-S-062 Vadis Page 4 of 7 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 CA.C Page 18 of 61 AG-S-062 Vadis Page 5 of 7 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 CA.C Page 19 of 61 AG-S-062 Vadis Page 6 of 7 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. CA.C Page 20 of 61 AG-S-062 Vadis Page 7 of 7 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 CA.C Page 21 of 61 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 RES.C Page 45 of 61 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. RES.C Page 46 of 61 Contract # EHS2820 Page # 2 of 9 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 RES.C Page 47 of 61 Contract # EHS2820 Page # 3 of 9 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 RES.C Page 48 of 61 Contract # EHS2820 Page # 4 of 9 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. RES.C Page 49 of 61 Contract # EHS2820 Page # 5 of 9 E Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply 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, RES.C Page 50 of 61 Contract # EHS2820 Page # 6 of 9 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. RES.C Page 51 of 61 Contract # EHS2820 Page # 7 of 9 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 RES.C Page 52 of 61 Contract # EHS2820 Page # 8 of 9 federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise 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 RES.C Page 53 of 61 Contract # EHS2820 Page # 9 of 9 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 RES.C Page 54 of 61 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. RES.C Page 55 of 61 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 E:\AGENDA\MunicipalServicesPaperlessPacket\2012\23 - December 10\Resources\Matrix 11-27-12.xlsDI.B Page 61 of 61