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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 DI.C Page 24 of 74 DI.C Page 25 of 74 DI.C Page 26 of 74 DI.C Page 27 of 74 DI.C Page 28 of 74 DI.C Page 29 of 74 DI.C Page 30 of 74 DI.C Page 31 of 74 DI.C Page 32 of 74 DI.CPage 33 of 74 DI.C Page 34 of 74 DI.CPage 35 of 74 DI.C Page 36 of 74 DI.C Page 37 of 74 DI.C Page 38 of 74 DI.C Page 39 of 74 DI.C Page 40 of 74 DI.C Page 41 of 74 DI.C Page 42 of 74 DI.C Page 43 of 74 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 DI.E Page 65 of 74 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