HomeMy WebLinkAbout01-13-2014 MUNICIPAL SERVICES COMMITTEE AGENDA PACKET
Municipal Services Committee
January 13, 2014 - 3:30 PM
City Hall Conference Room 3
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. December 9, 2013 Minutes*
III.RESOLUTIONS
A. Resolution No. 5021* (Faber)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute an agreement between the City of Auburn and GolfNow, LLC for
reservations, point of sale, and marketing software services related to the Auburn
Municipal Golf Course.
IV.DISCUSSION ITEMS
A. Animal Control and Rescue* (Lee)
B. Shopping Cart Update* (Bailey)
C. AVHS Board Review / Animal Control Licensing Program* (Coleman)
D. Resolution No. 5025* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
acceptance and appropriation of Grant Funds in the amount of thirty six thousand
two hundred sixty four dollars ($36,264.00), and authorizing the Mayor to execute
an Interlocal Agreement between King County and the City of Auburn to accept
said funds for implementation of the 2014 Waste Reduction and Recycling grant
program.
E. Resolution No. 5026* (Coleman)
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 2014 local Hazardous Waste
Management program activities.
F. Project Matrix*
V.ADJOURNMENT
Page 1 of 74
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 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
December 9, 2013 Minutes
Date:
January 7, 2014
Department:
Police
Attachments:
December 9, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:January 13, 2014 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 74
Municipal Services Committee
December 9, 2013 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room
3 of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and
Member John Partridge.
Staff present: Mayor Pete Lewis, Deputy Mayor/Mayor-Elect Nancy
Backus, Assistant Chief of Police Bill Pierson, City Attorney Dan Heid,
Parks, Arts & Recreation Director Daryl Faber, Financial Services
Manager Rhonda Ewing, Solid Waste & Recycling Supervisor Joan
Nelson and Police Secretary/Scribe Terry Mendoza. Others
present: Auburn Reporter representative Robert Whale.
B. Announcements
Chair Peloza announced that the Municipal Services Committee
meeting scheduled for Monday, December 23, 2013 is canceled.
Chair Peloza commented regarding Councilmember Partridges'
leaving the Council and his service to the committee. His
contributions and worthwhile decision making policies have been
appreciated. Vice Chair Osborne made positive comments as well.
Mayor Elect Backus was welcomed and invited to the table.
C. Agenda Modifications
II. CONSENT AGENDA
A. November 25, 2013 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. ORDINANCES
Page 1 of 4
CA.A Page 4 of 74
A. Ordinance No. 6466 (Heid)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new section 10.12.410 to the Auburn City Code relating to
inattentive driving.
Ordinance No. 6466 seeks to create a new section 10.12.410 to the
Auburn City Code relating to the traffic violation of inattentive driving.
It was previously brought to this committee for discussion; however, it
was tabled at the request of Vice Chair Osborne in order to conduct
further research on the penalty fees. Chair Peloza advised
that nothing has changed with this ordinance since it was last
discussed. Vice Chair Osborne offered that there was not enough
information on the penalty fees provided at the last meeting. As such,
he researched it with other local municipalities and found that Kent
charges a $150.00 fine, Covington $250.00, Sumner $300.00, and
Federal Way $250.00. Additionally, all the cities in the surrounding
areas have this law on their books which is something the City of
Auburn does not have currently. Vice Chair Osborne advised that he
was satisfied and in favor of Ordinance No. 6466 as it is written.
Committee discussion followed.
Vice Chair Osborne moved to forward Ordinance No. 6466 to full
Council for consideration. Member Partridge seconded. Chair Peloza
concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Solid Waste Rate Review (Coleman)
Solid Waste and Recycling Supervisor, Joan Nelson, provided the
committee with an update on the Solid Waste rate increases. The
City of Auburn passed rate increases that were effective January 1,
2013. The updated report shows figures through October 2013. The
fund is on track to meet the projected working capital balance of
$1,660,000.00 which will provide 60 days of Operations and
Maintenance cash flow by the end of 2014. This compares favorably
to the rate model projection. The 2013 rate increases help to reduce
the commercial subsidy. Finance will be able to make a better
evaluation during the first quarter 2014, after a full 12 month cycle.
Finance is scheduled to provide a full 2013 rate review at the March
27, 2014 meeting of the Municipal Services Committee. Committee
discussion followed.
B. Resolution No. 5010 (Faber)
Parks, Arts & Recreation Director Daryl Faber briefed the committee
on Resolution No. 5010. This is a resolution of the City
Council authorizing the Mayor to execute an addendum with the White Page 2 of 4
CA.A Page 5 of 74
River Valley Historical Society (WRVHS) to extend the term of the
society's lease at Mary Olson Farm through June 30, 2033 for an
annual fee of $1.00. This lease extension will benefit the society in
acquiring future grants with a longer term lease policy in place.
Committee discussion followed.
The Municipal Services Committee agrees on the lease arrangement
and recommends forwarding it to the PCDC for action.
C. Redflex Collision Data Report for 2013 (Pierson)
Bill Pierson, Assistant Chief of Police, reported on the Redflex
Collision data. The data provided statistics from 2002 through the
current year for intersections city wide and for the specific
intersections of: Auburn Way S and 4th Street SE; Auburn Way S and
M Street SE; 8th Street NE and Harvey Road NE; and Auburn Way N
at Harvey Road NE/15th Street NE. The results city wide show a
reduction across the board, for total accidents, injury accidents, rear
end accidents, t-bone accidents (right angle and approach turn),
fatalities accidents, and property damage only accidents. The charts
provided show the average number of accident types in the six years
preceding and six years following the implementation of Redflex
cameras. The number of accidents tallied for 2013 occurred between
1/1 and 11/14/2013. Committee discussion followed.
D. Concealed Pistol Licenses Benefit Cost Analysis (Pierson)
Assistant Chief of Police, Bill Pierson, updated the committee on
the costs needed to process concealed pistol licenses, firearms
transfers and the benefit of utilizing the new Live Scan Fingerprinting
equipment. There is a distinction between concealed pistol permits
and fingerprinting - going away from ink and moving towards an
electronic system. AFIS (Automated Fingerprint Identification System)
allows the APD to submit fingerprints directly to the agency
responsible for running criminal history background checks. Results
are subsequently returned to the department by email within one to
two days as opposed to mailing the fingerprint cards to the agency
and waiting anywhere from 10 to 30 days for the results to be mailed
back. Prints are immediately uploaded to AFIS so it will not allow for
errors. The process for a citizen to obtain their Concealed Pistol
permit has switched from manually completing forms to submitting
everything via the Internet. The use of Live Scan fingerprinting that is
connected directly to the AFIS has only reduced the processing time
by approximately 5 minutes; however, the error rate due to manual
completion has greatly decreased and results are received much
faster and by email instead of waiting for up to 60 days for them to be
mailed back. Overall, although the processing time has only shown a
minimal reduction the real benefit is that the customer service has
been greatly increased as we are able to get the prints and results
Page 3 of 4
CA.A Page 6 of 74
much faster. Annual savings is approximately $3,600.00. Committee
discussion followed.
E. Project Matrix
The following changes were identified for the Project Matrix:
Item 28P: The review date changed to 3/24/14.
Item 7I: The item is completed and removed from the matrix.
Item 8I: The review date changed to 3/24/14. Status updated.
V. ADJOURNMENT
The meeting was adjourned at 4:03 p.m. The next regular meeting of the
Municipal Services Committee is scheduled for Monday, January 13, 2014
in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA.
Signed this ___________ day of January, 2014.
_________________ ________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 4 of 4
CA.A Page 7 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5021
Date:
December 20, 2013
Department:
Parks/Art and Recreation
Attachments:
Resolution 5021
Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council approve Resolution 5021
Background Summary:
The Auburn Golf Course currently uses 3 companies to assist with various aspects of
tee time management, financial management and electronic marketing. It is in the best
interest of the Auburn Golf Course to consolidate these management/customer service
features to one vendor. Golf Now is the leading National firm in the Golf Course
reservation industry as well as in the Golf Marketing industry. The Golf Now “Point of
Sale” system meets the desired financial data, demographic and controls as required by
the City of Auburn Finance Department. It is recommended that the City enter into an
agreement for a minimum of two years with Golf Now to provide these business
services. Over 100 Washington golf courses utilize Golf Now as their point of sales
marketing provider. These include Capital City, Maplewood (Renton), Meadow Park
(Tacoma), Riverbend (Kent), Foster (Tukwila), Druids Glen, Golf Mountain, Willows Run
and many more.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Faber
Meeting Date:January 13, 2014 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 8 of 74
----------------------------
Resolution No. 5021
12.17.13
Page 1 of 2
RESOLUTION NO. 5 0 2 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND GOLF NOW G1, LLC FOR
RESERVATIONS, POINT OF SALE, AND MARKETING
SOFTWARE SERVICES RELATED TO THE AUBURN
MUNICIPAL GOLF COURSE
WHEREAS, The Auburn Municipal Golf Course currently uses 3 companies to
assist with various aspects of tee time management, financial management and
electronic marketing; and
WHEREAS, the Parks, Arts, and Recreation Department recommends
consolidating all operations under one vendor; and
WHEREAS, GOLF NOW G1, LLC can provide for wider marketing opportunities,
a more robust reservation system, and an updated point of sale system;
WHEREAS, it is in the public interest for the parties to enter into an agreement
for these services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute an Agreement
between the City and GOLF NOW, LLC, for golf course management software, which
agreement shall be in substantial conformity with the agreement attached hereto as
Exhibit A and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
RES.A Page 9 of 74
----------------------------
Resolution No. 5021
12.17.13
Page 2 of 2
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2014.
CITY OF AUBURN
_________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
RES.A Page 10 of 74
Single Course – FORE (PMP)
GolfNow Software License/Marketing/Technology Agreement and Order Form
The following Agreement between GolfNow G1, LLC (“GOLFNOW”) and _________________________ (“COURSE”) shall be effective
as of _________________ (the “Effective Date”) and shall govern GOLFNOW ’s provision of software, marketing, and technology
services for the following of COURSE’s golf courses: ___________________________________________________. This Agreement
shall be governed by the Standard Terms and Conditio ns attached hereto as Appendix A (incorporated herein by this reference). Th e
initial Term of this Agreement shall be for two (2) years and shall be non-cancellable. Upon expiration of the initial Term, this
Agreement shall automatically renew for successive one (1) year terms unless terminated by either Party in writing at least thirty (30)
days prior to any renewal term. COURSE’s Total Payment to GOLFNOW shall be in the amount indicated below , in exchange for
which GOLFNOW shall provide COURSE with access to the below-referenced services (the “Services”) upon COURSE’s request, and
an annual license to the below -referenced software (the “Software”).
FORE Reservations Software Modules: GOLFNOW shall provide COURSE with an annual license to each of the following FORE modules:
FORE Reservations electronic tee sheet reservation system;
FORE Sell point of sale software;
FORE Marketing;
FORE Cloud Backup.
GolfNow Core Platform:
Promotion of COURSE and COURSE tee time inventory on Golfnow.com and GolfNow’s network of partner websites;
Marketing of COURSE across GOLFNOW assets (could include TV, web, print, radio, grassroots);
Demand-based pricing support, Revenue at risk analysis, Tee sheet management services, Dedicated market management
team, Real-time reporting; and
GolfNow Central Technology: Web -based log in access, inclusive of online tools for managing tee time inventory and revenue
management and auto adjust technology.
COURSE Booking Engine and Facebook Booking Engine**: GOLFNOW shall develop COURSE’s own golf course booking engine (to be
hosted on COURSE website) and COURSE Facebook Booking Engine (if applicable). Course shall make Trade Times available for purchase
on the Booking Engine(s). Among the features available for COURSE are: Customizable booking engine components, Multiple rate options,
Promotional code technology.
GolfNow Mail: GOLFNOW shall develop COURSE Mail Customer Marketing Tool (to be integrated into COURSE GolfNow Central login).
Among the features available for COURSE are: Multiple design and template options, Email marketing, customer profiles and segmentation.
Website and Mobile Website Development and Hosting: GOLFNOW shall develop COURSE’s own customized and unique desktop website
and mobile website (each to be hosted on COURSE-owned domain s), utilizing one of several GOLFNOW templates designed to highlight
specific COURSE features and programs. GOLFNOW and COURSE shall work cooperatively to identify appropriate COURSE features.
TeeTimes.com: GOLFNOW shall include COURSE on TeeTimes.com website and mobile application.
GolfNow Premium Marketing Program: GOLFNOW shall provide COURSE with premium exposure-based assets intended to increase
COURSE awareness through GOLFNOW-affiliated assets. All GOLFNOW exposures will link directly to COURSE’s individual COURSE profile
page. Exposures could include: WorldGolf/TravelGolf network (featured placements, banner exposure, content integration, etc.. on applicable
URLs and pages); database exposures; graphical exposures in relevant local market databases.
Total Payment: 2 Trade Times per day per golf course __
COURSE Signature: ___________________________ Printed Name: ________________________
GOLFNOW Signature: _______________________________ Printed Name: ________________________
Trade Time: one 18-hole foursome (with cart) made available for sale by GOLFNOW for its own benefit, the tee time of which shall be mutually
agreed upon and between 30 minutes after COURSE opening until 4.5 hours prior to dusk. GOLFNOW shall have the ability to sell Trade
Times for 1-4 players and the price is at the discretion of GOLFNOW . Trade Times shall be available for purchase on COURSE website,
golfnow.com, and GOLFNOW’s network of partner websites.
**Split Online Fee: if COURSE elects to charge an online fee for rounds booked on its website, GOLFNOW shall retain .99¢/round and remit
the remainder to COURSE.
RES.A Page 11 of 74
Single Course – FORE (PMP)
Appendix A
Standard Terms and Conditions
1. GOLFNOW Services. GOLFNOW shall provide GOLFNOW ’s Tee Time Marketing and Technology Services (the “Services”)
for the purpose of marketing, promoting and selling COURSE tee times and enhancing COURSE’s technology. GOLFNOW shall
provide access to COURSE tee times to any of its branded websites, partner or affiliated websites or any other distribution channel.
COURSE shall honor all tee times reserved through GOLFNOW’s distribution channels and shall treat all golfers originating from
GOLFNOW with proper courtesy and respect. COURSE shall make every effort to maintain its inventory in the most up -to-date manner
possible, with proper communication to GOLFNOW regarding chan ges in availability, course conditions, etc…The Parties shall work
cooperatively to minimize double-bookings, cancellations and the like.
2. GOLFNOW Software. GOLFNOW grants COURSE a limited, non-exclusive, non-transferable license to utilize the FORE
Reservations Software (the “Software”) as set forth on the included Order Form. COURSE may use the Software for the purpose of
managing and marketing COURSE’s golf course properties and may not sell, sublicense, lend, or otherwise transfer the Softwa re to
others. Neither COURSE, nor any third party working with or on behalf of COURSE, may reverse engineer, decompile, disassemble,
or customize the Software including but not limited to, creating any software interface with the Software for the purpose of selling or
marketing of tee times through the Internet or any Internet site, without the express knowledge and written agreement of GOLF NOW.
COURSE understands and acknowledges that all third party vendors must have a written agreement with GOLFNOW in order to create
any interface with the Software.
3. Fees and Pricing. COURSE’s only payment to GOLFNOW shall be the “Total Payment” amount set forth on the Order Form
attached hereto. COURSE shall have the right to approve the price and amount of all non-Trade Time inventory offered in the
GOLFNOW network. GOLFNOW shall receive tee times and rates equal to or better than those offered by COURSE to any third -party
distribution service. In the event that COURSE does not comply with the pricing requirem ents hereunder or otherwise fails to cooperate
with the terms of this Agreement resulting in the Agreement being terminated by GOLFNOW , COURSE shall be required to pay
GOLFNOW a fee of $250/month for each month after termination through the end of the current Term.
4. Term and Termination. The initial Term of this Agreement shall be for two (2) years and shall be non-cancellable. Upon
expiration of the initial Term, this Agreement shall automatically renew for successive one (1) year terms unless terminated by either
Party in writing at least thirty (30) days prior to any renewal term. Either Party may immediately terminate this Agreement in the event
that the other Party materially breaches the Agreement and fails to cure such breach within thirty (30) days’ written notice. Upon
termination of this Agreement, COURSE shall delete and return all Software and all copies and sign a statement certifying same.
5. Support and Training. GOLFNOW shall provide COURSE appropriate levels of training (including access to remote training
and on-line resources). Additional in-person training may be provided for an additional fee. Telephone and email support shall be
provided to COURSE during normal business hours through GOLFNOW’s published phone numbers and email addresses.
6. Data Security. Industry standards have been set by the Payment Card Industry Data Security Standards (“PCI Standards”) for
protection of customer information. The Parties represent and warrant that they will comply with PCI Standards during the entire Term
of this Agreement and thereafter with respect to customer data accumulated during the Term, and further agree to adhere to all other
applicable standards, laws, rules, and regulations for protection of customer data to which they have access during the entire Term o f
this Agreement. GOLFNOW agrees that it will use systems, tools and security and take commercially reasonable steps to ensure
COURSE customer data hosted by GOLFNOW is not accessed, redistributed, duplicated, or modified .
7. Limited Warranties and Remedies. Both Parties represent and warrant that: (a) they have the authority to enter into this
Agreement and that their signatories are duly authorized and empowered to sign this Agreement on their behalf; (b) they will comply
with all applicable laws, ordinances, statutes, regulations and rules, and that they have the power to settle fully and completely all
claims, causes of action, demands, charges and liabilities arising out of or relating to the Agreement. GOLFNOW will provide the
Services and the Software in a professional and workmanlike manner and free from any unreasonable defects, and GOLFNOW will u se
all reasonable means to fix any defect in the Software or Services that may arise. GOLFNOW will provide COURSE with training on
how to use the Software and Services and provide support as needed by COURSE. GOLFNOW shall notify COURSE in advance of
any Software or Service updates and will provide appropriate training and/or materials to COURSE concerning all u pdates. COURSE
and its authorized users will use the Software and Services only in accordance with this Agreement. Aside from these warranties, THE
GOLFNOW SOFTWARE AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE. With respect to malfunctioning Software, GOLFNOW’s entire liability and COURSE’s exclusive remedy shall be
either repair/replacement of the Software.
8. Limitation of Liability. EXCEPT FOR THIRD PARTY LIABILITITES, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY DAMAGES BASED ON LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF DATA), EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY
REGARDLESS OF THE CAUSE OR THE FORM OF ACTION (WHETHER BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).
RES.A Page 12 of 74
Single Course – FORE (PMP)
9. Ownership of Property and Data. All personally-identifiable customer information supplied to GOLFNOW by COURSE (e.g.
through the GOLFNOW booking engine or through the Software) remains the sole property of COURSE, cannot be copied, sold or
reused by GOLFNOW , and will be treated as confidential business information with at least the same degree of care as GOLFNOW ’s
own confidential business information. All non-personally identifiable customer information supplied to GOLFNOW by COURSE (e.g.,
anonymous survey results, general usage data ), as well as all customer data obtained independently by GOLFNOW (e.g., through an
end-user booking a tee time at golfnow.com or other affiliated websites) shall be GOLFNOW ’s sole property, but may be shared with
COURSE should the Parties agree and obtain end -user consent for such an arrangement. The following shall remain the sole and
exclusive property of GOLFNOW : (a) the GOLFNOW Software and Services (including any of GOLFNOW ’s enhancements or upgrades
thereto), and all other software and materials developed, conceived, originated, prepared, generated or furnished by GOLFNOW under
this Agreement; and (b) all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights in
and to the foregoing. To the extent that GOLFNOW has provided COURSE with any hardware, all such hardware shall remain
GOLFNOW’s property and shall be returned by COURSE to GOLFNOW upon the earlier of termination of this Agreement due to
breach or expiration of the Term.
10. Dispute Resolution. This Agreement shall be governed, interpreted and construed under the laws of the United States and the
State of Florida without regard to any conflict of law principles. The Parties shall act in good faith and use commercially reasonable
efforts to promptly resolve any claim, dispute, controversy or disagreement (each a “Dispute”) between the Parties under or r elated to
this Agreement. Any Dispute arising out of this Agreement which cannot be resolved by the Parties shall be governed exclusively by
binding arbitration initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration A ssociation,
conducted in the Orlando, Florida metropolitan area. The arbitrator shall have the power to award reasonable attorney’s fees and costs
to the prevailing party in any arbitration, and either party shall have the right to take appropriate action to enforce any a rbitration award
in any court having jurisdiction over the applicable party.
11. Miscellaneous. This Agreement shall constitute the entire understanding of the Parties with respect to the subject matter
hereof and supersedes any and all prior understandings and agreements, written or oral, relating thereto – between COURSE and
GOLFNOW or FORE Reservations. Except as otherwise provided herein, GOLFNOW may amend the terms and conditions of this
Agreement by giving COURSE at least 60 days prior written notice thereof and giving COURSE the option to terminate this Agreement
within 30 days of receipt of such notice. This Agreement may be executed in one or more counterparts, with electronic exchange of
signatures (pdf) sufficient to bind the Parties. The Agreement shall be binding upon GOLFNOW and COURSE and their respective
successors and assigns; provided, however, that COURSE shall not assign this Agreement or any of its rights or obligations hereunder,
without the prior written consent of GOLFNOW , which consent shall not be unreasonably withheld, conditioned, or delayed. Any
subcontractors retained by GOLFNOW to perform certain obligations hereunder shall be bound by and their actions are governed by
this Agreement as if GOLFNOW itself was performing such obl igations.
RES.A Page 13 of 74
Single Course – FORE (PMP)
Traffic Assignment Request for comScore Inc. Reporting
I, _______________________________(Name), _________________________________ (Title) of
_________________________________ certify that ___________________________________(COURSE)
a) is the majority owner of the URLs listed below
b) enjoys a legitimate business relationship with Golf Channel justifying the aggregation of this traffic, and
c) requests assignment of the traffic to these URLs from COURSE to Golf Channel; in the comScore Inc.
syndicated audience measurement reports.
In requesting this assignment, I understand that the COURSE will independently contribute traffic associated with the
publisher from the assigned URLs in the syndicated audience reports for those entities where Golf Channel elects to
include these URLs. This assigned traffic will contribute to Golf Channel’s overall traffic, while remaining independently
reportable. These URLs may not be assigned to any other company. In the event that comScore Inc. receives multiple
requests for assignment of the same URL, comScore Inc. will review and honor the request most recently received.
I understand that this request is subject to review by comScore Inc. to determine that the assignment of traffic is
consistent with comScore Inc. reporting rules. comScore Inc. retains the right in its sole discretion to refuse the requested
assignment if such assignment would in fact be inconsistent with comScore Inc. reporting rules. If necessary, comScore
Inc. may require additional documentation to verify ownership of the URLs before granting this request. For example, if
COURSE is not the named registrant of the URLs listed below, COURSE must provide documentation demonstrating that
the registrant of those URLs is (1) owned or (2) employed by COURSE.
I understand that acceptance of this letter by comScore Inc. imposes no legal liability whatsoever on comScore Inc. for
damages, whether actual, incidental or consequential, relating to the maintenance or reporting of the attached URLs. I
understand that the COURSE is fully responsible for timely notification to comScore Inc. of any updates to the list below,
including, but not limited to, changes in ownership of any of those URLs.
COURSE shall indemnify and hold harmless comScore Inc. from and against any claims, liabilities, costs and expenses of
any kind (including reasonable attorney’s fees and expenses) arising out of any allegation of improper assignment of the
URLs pursuant to this letter.
[List of URLs here]
________________________________________________
________________________________________________
________________________________________________
________________________ ________________________
Signature Name
________________________ ________________________
Title COURSE
________________________
Date
RES.A Page 14 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Animal Control and Rescue
Date:
January 7, 2014
Department:
Police
Attachments:
4th Quarter 2013 Animal Control Report
Budget Impact:
$0
Administrative Recommendation:
For review and discussion only.
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Lee
Meeting Date:January 13, 2014 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 15 of 74
Auburn Animal Control
4th Quarter Review
Jan-Dec 2013
340 E Main Street, Auburn, WA 98002
DI.A Page 16 of 74
340 E Main Street, Auburn, WA 98002
Animal Control-related calls for service
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter % increase/decrease
911 Dispatched Calls 75 89 192 137 82.7%
Calls made to officer 113 216 112 68 -39.8%
Self-initiated calls 21 51 92 115 447.6%
Wildlife-related calls 6 14 3 *4 -33.3%
Officer-Assist calls 8 6 0 17 112.5%
Deceased animal calls 10 12 12 13 30.0%
TOTAL 233 388 411 354 51.9%
911 Dispatched calls – Calls For Service (CFS) that were received through the 911 emergency system
Calls made directly to officer – CFS received directly by our Animal Control Officer from citizens
Self-initiated calls – CFS that were self-initiated by our Animal Control Officer
Wildlife-related calls – CFS that involved non-domestic animals
Officer Assist Calls – CFS made by other APD Officers directly to the Animal Control Officer
Deceased Animal Calls – CFS involving deceased domestic animals
*Two injured crows, a Canadian Goose, and a Sea Gull were taken to area animal hospitals during the 4th quarter of 2013.
75
113
21
6 8 10
89
216
51
14 6 12
192
112
92
3 0
12
137
68
115
4
17 13
0
50
100
150
200
250
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
DI.A Page 17 of 74
340 E Main Street, Auburn, WA 98002
Animal Control Reports, Citations, and Infractions
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter % increase/decrease
Citizen Contacts 212 332 243 127 -35.0%
Case Reports 57 99 114 92 30.7%
Animals Impounded 27 48 59 42 25.4%
Criminal Citations 2 13 6 2 0.0%
* Infractions 16 113 191 172 81.7%
**Written Warnings 66 119 123 90 19.5%
Citizen Contacts – Contact with citizens in person, by phone, or via email
Case Reports – Police Reports written
Animals Impounded – Animals impounded due to a violation
Criminal Citations – Number of criminal citations given to Auburn citizens
Infractions – Number of infractions issued to Auburn citizens
Written Warnings – Number of written warnings given to Auburn citizens
*Infraction Examples – The two most commonly issued infractions during the 4th quarter were Failure to License a Dog or
Cat and Failure to Get a Rabies Vaccine. A total of 103 were issued at a charge of fifty dollars each.
**When personal contact cannot be made, Animal Control Officer Winner typically leaves written warnings at the owner’s
residence. The most common warnings are for animal cruelty investigations, dog bite investigations, and license or at-
large issues where an owner cannot be located.
212
57
27
2 16
66
332
99
48
13
113 119
243
114
59
6
191
123127
92
42
2
172
90
0
50
100
150
200
250
300
350
Citizen
Contacts
Case Reports Animals
Impounded
Criminal
Citations
Infractions Written
Warnings
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
DI.A Page 18 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Shopping Cart Update
Date:
January 9, 2014
Department:
Community Development &
Public Works
Attachments:
4Q2013 Shopping Cart Status Report
Budget Impact:
$0
Administrative Recommendation:
For review and discussion only.
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Bailey
Meeting Date:January 13, 2014 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 19 of 74
January 2014 Municipal Services Meeting
Shopping Cart Status as of 1/2/14
Amount billed for shopping carts on 9/23/13: $3240.00
Payments received for above shopping cart invoices: $3060.00
Current amount outstanding from 9/23/13 billing: $180.00
Shopping cart disposal fees billed 11/19/13: $490.00
Payments received for shopping cart disposal invoices: $70.00
Current amount outstanding from disposal billing 11/19/13: $420.00
Breakdown of shopping cart receivable:
Burlington Coat Factory (1 cart, $30 + $70 disposal) $100.00
Albertsons (5 carts, $150 + $350 disposal) $500.00
Total shopping carts receivable as of 1/2/14 $600.00
DI.B Page 20 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
AVHS Board Review / Animal Control Licensing Program
Date:
January 6, 2014
Department:
Finance
Attachments:
Sales & Revenue by Month
Licensing Summary Report
Memo with attachments
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
For committee review and discussion.
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:January 13, 2014 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 21 of 74
2013 Budget Goal: $ 96,000 or more
2014 Budget Goal: $240,000 or more
Year-to-Date Revenue 2013 (through November) = $143,275
Year-to-Date Licenses 2013 (through November) = 4,696
Year-to-Date Licenses 2012 (through November) = 6,267 as reported by King County
CITY OF AUBURN PET LICENSING
OCTOBER 2013
0
100
200
300
400
500
600
700
800
900
1000
Ja
n
Fe
b
Ma
r
Ap
r
Ma
y
Ju
n
Ju
l
Au
g
Se
p
Oc
t
No
v
De
c
Nu
m
b
e
r
o
f
L
i
c
e
n
s
e
s
S
o
l
d
Month
Pet License Sales By Month
2013 vs 2012
2013 Licenses Sold
2012 Licenses Sold
$0
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
$14,000
$16,000
$18,000
Ja
n
Fe
b
Ma
r
Ap
r
Ma
y
Ju
n
Ju
l
Au
g
Se
p
Oc
t
No
v
De
c
Li
c
e
n
s
e
R
e
v
e
n
u
e
Month
Pet Licensing Revenue By Month
2013
2013 License Revenue
DI.C Page 22 of 74
CITY OF AUBURN PET LICENSING
OCTOBER 2013
0
2,000
4,000
6,000
8,000
10,000
12,000
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
Ja
n
Fe
b
Ma
r
Ap
r
Ma
y
Ju
n
Ju
l
Au
g
Se
p
Oc
t
No
v
De
c
Nu
m
b
e
r
o
f
L
i
c
e
n
s
e
s
S
o
l
d
Li
c
e
n
s
e
R
e
v
e
n
u
e
Month
Cumulative Pet Licensing Revenue & Sales
2013 vs 2012
2013 License Revenue (L)
2013 License Revenue
(Budget Goal: $96,000)
2013 Licenses Sold (R)
2012 Licenses Sold (R)
DI.C Page 23 of 74
Replacement
Licensing Summary Report – Auburn, WA
Clinic Clinic Name Unaltered Altered
Activity from 11/1/13 through 11/30/13
Late
FeesSeniorDisability
Juvenile
Pet
License
TotalService Excep
PetData Corporate
AUB900 PETDATA MAIL 4 108 46
$0.00
8
$1,865.00 $255.00 $105.00
0
$0.00
5
$0.00
171
$2,225.00
0
$0.00 $75.00
4
$1,845.00
79
AUB901 PETDATA ONLINE LICENSES 2 57 2
$60.00
0
$840.00 $15.00 $0.00
1
$15.00
0
$0.00
62
$930.00
0
$0.00 $135.00
9
$1,470.00
53
Subtotal PetData Corporate
$60.00 $840.00 $15.00 $0.00 $15.00 $0.00 $930.00 $0.00 $135.00 $1,470.00
6 165 48 8
$60.00 $2,705.00 $270.00 $105.00
1
$15.00
5
$0.00
233
$3,155.00
0
$0.00 $210.00
13
$3,315.00
132
Municipal Locations
AUB800 CITY HALL 10 68 37
$600.00
0
$2,040.00 $555.00 $0.00
3
$45.00
2
$0.00
120
$3,240.00
2
$10.00 $90.00
6
$0.00
0
Subtotal Municipal Locations
$600.00 $2,040.00 $555.00 $0.00 $45.00 $0.00 $3,240.00 $10.00 $90.00 $0.00
10 68 37 0
$600.00 $2,040.00 $555.00 $0.00
3
$45.00
2
$0.00
120
$3,240.00
2
$10.00 $90.00
6
$0.00
0
Veterinary & Other Locations
AUB018 FOREST HILL VETERINARY HOSPITAL 0 3 4
$0.00
0
$90.00 $60.00 $0.00
0
$0.00
0
$0.00
7
$150.00
0
$0.00 $0.00
0
$0.00
0
AUB020 GREEN RIVER VETERINARY HOSPITAL 1 5 2
$60.00
0
$150.00 $30.00 $0.00
0
$0.00
0
$0.00
8
$240.00
0
$0.00 $0.00
0
$0.00
0
Subtotal Veterinary & Other Locations
$60.00 $150.00 $30.00 $0.00 $0.00 $0.00 $240.00 $0.00 $0.00 $0.00
1 8 6 0
$60.00 $240.00 $90.00 $0.00
0
$0.00
0
$0.00
15
$390.00
0
$0.00 $0.00
0
$0.00
0
TOTAL REGISTRATIONS
TOTAL REVENUE
17 241 91 8
$720.00 $4,985.00 $915.00 $105.00
4
$60.00
7
$0.00 $6,785.00
368 2 19
$10.00 $300.00
132
$3,315.00
$10,410.00
12/11/13 13:25:50Page:1
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5025
Date:
January 8, 2014
Department:
Finance
Attachments:
Resolution No. 5025
Agreement
Budget Impact:
$0
Administrative Recommendation:
Approve Resolution No. 5025.
Background Summary:
King County requests to enter into an interlocal agreement with the City of Auburn for
the 2014 Waste Reduction and Recycling (WRR) Grant Program. King County has
appropriated $36,264.00 for the City to promote waste reduction and recycling to
residents and schools.
The grant funding will be used to support the following: Sustainable Movie Night,
Community Yard Sale, Bulky Item Collection, Residential Recycling Survey, classroom
presentations, outreach at City-sponsored events, and public place recycling.
This WRR Grant provides a 25% match to Department of Ecology’s Coordinated
Prevention Grant.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:January 13, 2014 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 44 of 74
--------------------------
Resolution No. 5025
January 2, 2014
Page 1
RESOLUTION NO. 5025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE
ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS
IN THE AMOUNT OF THIRTY SIX THOUSAND TWO
HUNDRED SIXTY FOUR DOLLARS ($36,264.00), AND
AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN KING COUNTY
AND THE CITY OF AUBURN TO ACCEPT SAID FUNDS
FOR IMPLEMENTATION OF THE 2014 WASTE
REDUCTION AND RECYCLING GRANT PROGRAM.
WHEREAS, King County and the City of Auburn have adopted the King
County Solid Waste Management Plan, which includes recycling and waste
reduction goals; and
WHEREAS, in order to help meet these goals, the King County Solid
Waste Division has established a waste reduction and recycling grant program
for the suburban cities; and
WHEREAS, this program provides funding to further the development of
local waste reduction and recycling for Auburn businesses and residents; and
WHEREAS, the Auburn City Council of the City of Auburn must adopt
and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
DI.D Page 45 of 74
--------------------------
Resolution No. 5025
January 2, 2014
Page 2
Section 1. Pursuant to Chapter 35A.33 RCW, the City hereby approves
the expenditure and appropriation of a total amount of THIRTY SIX
THOUSAND TWO HUNDRED SIXTY FOUR DOLLARS ($36,264.00) which
constitutes reimbursement of funds for implementing the 2014 Waste Reduction
and Recycling Grant Program.
Section 2. The Mayor of the City of Auburn is authorized to execute an
Interlocal Agreement with King County for the reimbursement of said funds. A
copy of said Agreement is attached hereto and designated Contract # 5637165
and is incorporated by reference herein.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out directions of the
legislation.
Section 4. This Resolution shall be in full force and effect upon passage
and signatures hereon.
DI.D Page 46 of 74
--------------------------
Resolution No. 5025
January 2, 2014
Page 3
Dated and Signed this _____ day of _________________, 2014.
CITY OF AUBURN
___________________________________
NANCY BACKUS
MAYOR
ATTEST:
___________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
DI.D Page 47 of 74
1
CONTRACT #5637165
INTERAGENCY AGREEMENT FOR 2014
Between
KING COUNTY and the CITY OF AUBURN
This one-year Interagency Agreement “Agreement” is executed between King County, a Charter County
and political subdivision of the State of Washington, and the City of Auburn, a municipal corporation of
the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the
County and City will be referred to as “Party” or “Parties.”
PREAMBLE
King County and the City of Auburn adopted the 2001 King County Comprehensive Solid Waste
Management Plan, which includes waste reduction and recycling goals. In order to help meet these
goals, the King County Solid Waste Division has established a waste reduction and recycling grant
program for the cities that operate under the King County Comprehensive Solid Waste Management
Plan. This program provides funding to further the development and/or enhancement of local waste
reduction and recycling projects and for broader resource conservation projects that integrate with waste
reduction and recycling programs and services. This grant program does not fund household hazardous
waste collection activities. Program eligibility and grant administration terms are discussed in the Grant
Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the
yearly budget approval process of the King County Council.
Grant funding approved by the King County Council is available to all King County cities that operate
under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant
funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit
A and incorporated herein by reference. The County expects that any information and/or experience
gained through the grant program by the City will be shared with the County and other King County
cities.
I. PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the
City of Auburn by the County for waste reduction and recycling programs and/or services as outlined in
the scope of work and budget attached as Exhibit A.
DI.D Page 48 of 74
2
II. RESPONSIBILITIES OF THE PARTIES
The responsibilities of the Parties to this Agreement shall be as follows:
A. The City
1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide
waste reduction and recycling programs and/or services as outlined in Exhibit A. The total
amount of funds available from this grant in 2014 shall not exceed $36,264.
2. This Agreement provides for distribution of 2014 grant funds to the City. However, 2014 funds
are not available until January 1, 2014, and 2014 funding is contingent upon King County
Council approval of the 2014 King County budget. The County shall notify the City in writing of
the funding status.
3. During this one-year grant program, the City will submit a minimum of one, but no more than
four, progress reports to the County in a form approved by the County. Reports must be signed
by a City official. These reports will include:
a. a description of each activity accomplished pertaining to the scope of work; and
b. reimbursement requests with either copies of invoices for each expenditure for which
reimbursement is requested or a financial statement, prepared by the City's finance
department, that includes vendor name, description of service, date of service, date paid
and check number.
If the City chooses to submit up to the maximum of four (4) progress reports and requests for
reimbursement during the one-year grant program, they shall be due to the County on the last day
of the month following the end of each quarter - April 30, July 30, October 31 - except for the
final progress report and request for reimbursement which shall be due by March 31, 2015.
If the City chooses to submit the minimum of one progress report and request for reimbursement
during the one-year grant program, it shall be due to the County by March 31, 2015.
Regardless of the number of progress reports the City chooses to submit, in order to secure
reimbursement, the City must provide in writing to the County by the 5th working day of January
2015, the dollar amount of outstanding expenditures for which the City has not yet submitted a
reimbursement request.
4. The City shall submit a final report to the County which summarizes the work completed under
the grant program and evaluates the effectiveness of the projects for which grant funds were
utilized, according to the evaluation methods specified in the scope of work. The final report is
due within six months of completion of the project(s) outlined in the scope of work, but no later
than June 30, 2015.
DI.D Page 49 of 74
3
5. If the City accepts funding through this grant program for the provision of Waste Reduction and
Recycling programs and projects for other incorporated areas of King County, the City shall
explain the relationship with the affected adjacent city or cities that allows for acceptance of this
funding and the specifics of the proposed programs and projects within the scope of work
document related thereto.
6. The City shall be responsible for following all applicable Federal, State and local laws,
ordinances, rules and regulations in the performance of work described herein. The City assures
that its procedures are consistent with laws relating to public contract bidding procedures, and the
County neither incurs nor assumes any responsibility for the City’s bid, award or contracting
process.
7. During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or in the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12.16.
8. During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall engage in unfair employment practices as defined by King
County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and
local laws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights
Act of 1964.
9. The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical.
10. The City shall maintain accounts and records, including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by the County, to ensure proper
accounting for all project funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and service
provided in the performance of this Agreement.
These records shall be maintained for a period of six (6) years after termination hereof unless
permission to destroy them is granted by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County
and/or by federal or state officials as so authorized by law.
11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is
purchased with grant funds from King County for a total period of three (3) years. The records
shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King
County by March 31 of each year through the year 2017.
DI.D Page 50 of 74
4
12. The City agrees to credit King County on all printed materials provided by the County, which the
City is duplicating, for distribution. Either King County’s name and logo must appear on Kin g
County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit
King County for artwork or text provided by the County as follows: “artwork provided courtesy
of King County Solid Waste Division” and/or “text provided courtesy of King County Solid
Waste Division.”
13. The City agrees to submit to the County copies of all written materials which it produces and/or
duplicates for local waste reduction and recycling projects which have been funded through the
waste reduction and recycling grant program. Upon request, the City agrees to provide the
County with a reproducible copy of any such written materials and authorizes the County to
duplicate and distribute any written materials so produced, provided that the County credits the
City for the piece.
14. The City will provide the King County Project Manager with the date and location of each
Recycling Collection Event provided by the City, as well as copies of any printed materials used
to publicize each event, as soon as they are available but no later than thirty (30) days prior to the
event. If there is any change in the date or the location of an event, the City will notify the
County a minimum of thirty (30) days prior to the event. If the event brochure is required for
admission to the City’s event, the City is exempt from having to provide the brochure to King
County.
15. If the City accepts funding through this grant program for the provision of recycling collection
events for adjacent areas of unincorporated King County, the City shall send announcements of
the events to all residences listed in the carrier routes provided by King County. The
announcements and all other printed materials related to these events shall acknowledge King
County as the funding source.
16. The City understands that funding for recycling collection events for adjacent areas of
unincorporated King County will be allocated on a yearly basis subject to the King County
Council’s yearly budget approval process.
17. This project shall be administered by Joan Nelson, Solid Waste & Recycling Supervisor; City of
Auburn; 25 West Main Street; Auburn, WA 98001; Phone: (253) 931-5103; Email:
jenelson@auburnwa.gov, or designee.
B. The County:
1. The County shall administer funding for the waste reduction and recycling grant program.
Funding is designated by city and is subject to the King County Council’s yearly budget approval
process. Provided that the funds are allocated through the King County Council’s yearly budget
approval process, grant funding to the City will include a base allocation of $5,000 per year with
the balance of funds to be allocated according to the City's percentage of King County's
residential and employment population. However, if this population based allocation formula
calculation would result in a city receiving less than $10,000 per year, that city shall receive an
additional allocation that would raise their total grant funding to $10,000 per year.
DI.D Page 51 of 74
5
2. The City of Auburn‘s budgeted grant funds for 2014 are $36,264. Unspent 2014 funds will not
carry over to 2015.
3. Within forty-five (45) days of receiving a request for reimbursement from the City, the County
shall either notify the City of any exceptions to the request which have been identified or shall
process the request for payment. If any exceptions to the request are made, this shall be done by
written notification to the City providing the reason for such exception. The County will not
authorize payment for activities and/or expenditures which are not included in the scope of work
and budget attached as Exhibit A, unless the scope has been amended according to Section V of
this Agreement. King County retains the right to withhold all or partial payment if the City’s
report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation
of expenditures and/or adequate description of each activity described in the scope of work for
which reimbursement is being requested), and/or are not consistent with the scope of work and
budget attached as Exhibit A.
4. The County agrees to credit the City on all printed materials provided by the City to the County,
which the County duplicates, for distribution. Either the City’s name and logo will appear on
such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit
the City for artwork or text provided by the City as follows: “artwork provided courtesy of the
City of Auburn” and/or “text provided courtesy of the City of Auburn.”
5. The County retains the right to share the written material(s) produced by the City which have
been funded through this program with other King County cities for them to duplicate and
distribute. In so doing, the County will encourage other cities to credit the City on any pieces that
were produced by the City.
6. The waste reduction and recycling grant program shall be administered by Morgan John, Project
Manager of the King County Solid Waste Division.
III. DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2014 or the date of execution of the
Agreement by both the County and the City, if executed after January 1, 2014 and shall terminate on
June 30, 2015. The City shall not incur any new charges after December 31, 2014. However, if
execution by either Party does not occur until after January 1, 2014, this Agreement allows for
disbursement of grant funds to the City for County-approved programs initiated between January 1, 2014
and the later execution of the Agreement provided that the City complies with the reporting requirements
of Section II. A of the Agreement.
DI.D Page 52 of 74
6
IV. TERMINATION
A. This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the termination date specified in Section III, upon thirty (30) days advance written
notice.
B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the
termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for
termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or
failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section
II.A.4.
C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for
payment in accordance with the terms of this Agreement for services rendered prior to the effective
date of termination; and (2) the City shall be released from any obligation to provide further services
pursuant to this Agreement.
D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or
law that either Party may have in the event that the obligations, terms and conditions set forth in this
Agreement are breached by the other Party.
V. AMENDMENTS
This Agreement may be amended onl y by written agreement of both Parties. Amendments to scopes of
work will only be approved if the proposed amendment is consistent with the most recently adopted King
County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope
of work, attached as Exhibit A, only upon written request by the City and written approval by King
County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or
achieves the goals stated in the scope and falls within the activities described in the scope.
VI. HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from
and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or
its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all
claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims")
brought against the County arising out of or incident to the City’s execution of, performance of or failure
to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer
of any software, book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or
otherwise results in unfair trade practice.
DI.D Page 53 of 74
7
VII. INSURANCE
A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for
the duration of the Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with performance of work pursuant to this
Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum
limits of this insurance shall be $1,000,000 general liability insurance combined single limit per
occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate
limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole
responsibility of the City. Such insurance shall cover the County, its officers, officials, employees,
and agents as additional insureds against liability arising out of activities performed by or on behalf
of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured
endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies.
B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self -insured
for any of the above insurance requirements, a written acknowledgement of self-insurance is attached
to this Agreement as Exhibit C.
C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of
the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of
current membership is attached to this Agreement as Exhibit C.
VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or understandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through written
approval by the County, which shall be attached to the original Agreement.
IX. TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in the performance of this Agreement.
X. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions.
DI.D Page 54 of 74
8
XI. NOTICE
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if
sent to the King County Solid Waste Division and the City at the addresses provided below:
Morgan John, Project Manager, or a provided designee,
King County Solid Waste Division
Department of Natural Resources and Parks
201 South Jackson Street, Suite 701
Seattle, WA 98104-3855
If to the City:
Joan Nelson, Solid Waste & Recycling Supervisor
City of Auburn
25 West Main Street
Auburn, WA 98001
IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below:
City King County
______________________________________ BY___________________________________
(Title) Pat D. McLaughlin, Director
Solid Waste Division
For Dow Constantine, King County Executive
______________________________________ _____________________________________
Date Date
DI.D Page 55 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5026
Date:
January 8, 2014
Department:
Finance
Attachments:
Resolution No. 5026
Contract
Budget Impact:
$0
Administrative Recommendation:
Approve Resolution No. 5026
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 $21,578.99 for the City to promote the Neighborhood Natural Yard Care Program
to one neighborhood and provide hazardous waste education to residents.
Neighborhood Natural Yard Care Program
Three workshop presentations will be given to an Auburn neighborhood. 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.
Residential Hazardous Waste Education
Household hazardous waste education to residents will include: a postcard, flyer, or
newsletter mailed to residents and a consultant to provide outreach at City-sponsored
events.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:January 13, 2014 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 56 of 74
-----------------------------
Resolution No. 5026
January 2, 2014
Page 1 of 2
RESOLUTION NO. 5026
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 2014 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 $21,578.99 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 and
designated Contract # EHS3366 and is incorporated by reference herein.
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.
DI.E Page 57 of 74
-----------------------------
Resolution No. 5026
January 2, 2014
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 _________________, 2014.
CITY OF AUBURN
___________________________________
NANCY BACKUS
MAYOR
ATTEST:
___________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
DI.E Page 58 of 74
Contract # EHS3366 Page # 1 of 9
King County Contract #EHS3366
Federal Taxpayer ID #
Federal Sub-recipient -
91-6001228
No
This form is available in alternate formats for people with disabilities upon request.
2014 COMMUNITY SERVICES CONTRACT WITH OTHER GOVERNMENT, INSTITUTION,
OR JURISDICTION
THIS CONTRACT is entered into by KING COUNTY (the “County”), and City of Auburn (the
“Contractor”), whose address is 25 W Main St., Auburn, Washington 98001-4998. The County
department overseeing the work to be performed in this Contract is the Seattle-King County Department
of Public Health (aka, Public Health - Seattle & King County, "PHSKC").
Contract Summary
PHSKC Division: Environmental Health
Project Title: Local Hazardous Waste Management Program
Contract Amount: Twenty One Thousand Five Hundred Seventy Eight Dollars and Ninety Nine
Cents
Contract Start Date: 01/01/2014 Contract End Date: 12/31/2014
Fund Source Information
FEDERAL: $ 0 COUNTY: $ 21,578.99 STATE: $ 0 OTHER: $ 0
Specific Funding Details (Award number, CFDA #, Amounts, Effective Dates)
1) Local Hazardous Waste Management program funding
WHEREAS, the County has been advised that the foregoing are the current funding sources, funding
levels and effective dates, and
WHEREAS, the County desires to have certain services performed by the Contractor as described in this
Contract, and as authorized by the 2014 Annual Budget.
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,
to be made and performed by the parties hereto, the parties 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:
Program Exhibits and Requirements
•Exhibit A: Scope of Work
•Exhibit B: Budget
•Exhibit C: Invoice
•Exhibit D: Contractor's Certificate of Insurance and Additional Insured Endorsement
II Term and Termination
A This Contract shall commence on 1/1/2014 8:00:00 AM, and shall terminate on 12/31/2014 8:00:00
AM, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract.
DI.E Page 59 of 74
Contract # EHS3366 Page # 2 of 9
B This Contract may be terminated by the County or the Contractor 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. The Contract may be suspended by the County
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 suspension.
C The County may terminate or suspend 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 or suspend this Contract in whole or in part.
If the Contract is terminated or suspended as provided in this Section (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 or suspension; 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 or suspension.
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.
If the Contract is suspended as provided in this Section the County may provide written
authorization to resume activities.
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 upon receipt and approval by the County of a
signed invoice in substantially the form of the attached Invoice Exhibit which complies with the
attached Budget Exhibit.
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 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
DI.E Page 60 of 74
Contract # EHS3366 Page # 3 of 9
among the budget categories is expected to exceed 10% of the Contract amount in any Contract
budget. Supporting documents necessary to explain fully the nature and purpose of the
amendment must accompany each request for an amendment.
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
Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded
from receiving federal funds and 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.
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 the site of the work and the Contractor’s office to review the foregoing
records. The Contractor shall provide every assistance requested by the County during such
DI.E Page 61 of 74
Contract # EHS3366 Page # 4 of 9
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 information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state and
federal law.
VII Compliance with the Health Insurance Portability and 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 is a municipal entity or other government institution or jurisdiction, it shall notify
the County in writing within 30 days of when its annual report of examination/audit conducted by
the Washington State Auditor has been completed.
B 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
DI.E Page 62 of 74
Contract # EHS3366 Page # 5 of 9
insufficient, the County may commence termination or suspension 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,
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, arising out of, or in
any way resulting 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,
DI.E Page 63 of 74
Contract # EHS3366 Page # 6 of 9
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 Contract.
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
provide required insurance documentation prior to the signing of this Agreement.
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.
C The Contractor shall include Sections III.D., III.E., IV, V, VI, VII, XI, XII, XIII, XIV, XV, XVI, and
XVII,XVIII, XXIV, XXV, XXVI, XXVII, and the Funder's Special Terms and Conditions, if attached,
in every subcontract that relates to the subject matter of this Contract.
D The Contractor agrees to include the following language verbatim in every subcontract, 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
DI.E Page 64 of 74
Contract # EHS3366 Page # 7 of 9
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
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
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Contract # EHS3366 Page # 8 of 9
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 18.20, the Contractor shall use recycled paper and both sides of
sheet of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies
are required.
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
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.
XXVII Contractor Certification
DI.E Page 66 of 74
Contract # EHS3366 Page # 9 of 9
By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions
provided herein, the Contractor certifies that it has read and understands the contracting requirements
on the PHSKC website (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the
contract terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance,
and Credentialing, as applicable.
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract:
KING COUNTY CONTRACTOR
FOR
King County Executive Signature
Date Name (Please type or print)
Date
Approved as to Form:
OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
DI.E Page 67 of 74
EHS3366 – City of Auburn 1
EXHIBIT A
SCOPE OF WORK
CITY OF AUBURN
1/1/2014-12/31/2014
Background
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 newsletter, flyer or postcard about household hazardous waste to
Auburn residents, and also hire a consultant to provide outreach, education and presentations at
public events.
Responsibilities of the Parties
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.
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
DI.E Page 68 of 74
EHS3366 – City of Auburn 2
names, a description of services provided, date paid and a check or warrant
number.
3.The City shall notify the Fund Manager no later than December 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.
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
expenditures for which reimbursement is being requested) or are not consistent with the
submitted scope of work.
Program Contacts
Lynda Ransley Madelaine Yun
DI.E Page 69 of 74
EHS3366 – City of Auburn 3
LHWMP Program Director LHWMP Fund Manager
150 Nickerson Street, Suite 204 150 Nickerson Street, Suite 204
Seattle, WA 98109 Seattle, WA 98109
206-352-8163 206-352-7128
lynda.ransley@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
DI.E Page 70 of 74
EHS3366 – City of Auburn
EXHIBIT B
2014 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
City of Auburn
25 W Main Street,
Auburn, WA 98001-4998
Component Description Budget
Household Hazardous Waste Education $21,578.99
Household Hazardous Waste Collection
TOTAL $21,578.99
DI.E Page 71 of 74
EHS3366 – City of Auburn
EXHIBIT C
2014 INVOICE
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
From: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 204
Seattle, WA 98109
Contract #EHS3366
Period of time: ___________________, 2014 to __________________________, 2014.
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
$21,578.99
Household Hazardous
Waste Collection
TOTAL $21,578.99
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 IHW-NR-0100 Date
DI.E Page 72 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Project Matrix
Date:
January 7, 2014
Department:
Police
Attachments:
Project Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:January 13, 2014 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 73 of 74
MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX
NO.PROJECT DESCRIPTION LEAD COST REVIEW DATE
EST.
COMPL.
DATE
STATUS
10P Red Light Photo Enforcement Bob Lee 1/27/2014
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept)
2nd meeting of the month. The amended contract
expires 5/31/14. City will initiate RFP process.
20P Animal Control and Rescue Bob Lee 1/13/2014 On-Going
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept) 1st
meeting of the month.
21P AVHS Board Review and Animal Control
Licensing Program Shelley Coleman 1/27/2014 On-Going Monthly staff report to be provided after the 3rd Thursday
of the month.
24P Fireworks Update Bob Lee 6/9/2014 On-Going The Council Operations Committee/MIT met on 5/28/13.
Further MIT Fireworks improvements were announced.
28 P Solid Waste Rate Review Shelley Coleman 3/24/2014
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 & Restaurant Working Capital
Review and Future Plans Shelley Coleman 1/27/2014 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.
31P Cemetery Update Daryl Faber 1/27/2014 Quarterly update to review Marketing Plan. 2nd meeting
of the month.
NO.ITEM OF INTEREST
3 I Shopping Cart Update Randy Bailey 1/13/2014 January (Prev July-Dec), July (Prev Jan-June).
4 I Ordinance No. 6398 - Pull Tabs Dan Heid 1/13/2014
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.
6I SCORE Jail Stats Shelley Coleman 1/27/2014
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd
meeting of the month. Review SCORE Jail statistics.
8I Street Sweeping Schedule Randy Bailey 3/24/2014 Review street sweeping schedule.
Last Revision Date: 12/10/13 E:\AGENDA\MunicipalServicesPaperlessPacket\2013\01-January 13\Resources\Matrix 12-10-13.xls
DI.F Page 74 of 74