HomeMy WebLinkAbout5273 RESOLUTION NO. 5 2 7 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WABHINGTON, AUTHORIZING THE MAl(OR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND SEATTLE-KING COUNTY DEPARTMENT
OF PUBLIC HEALTH REGARDWG THE 2017-2018 LOCAL
HAZARDOUS WASTE MANAGEMENT PROGRAM
WHEREAS, the Seattle King-County Department of Public Health has agreed to
reimburse 4he City of Aubum in fhe amount of $49,019.76 for costs as.sociated wi#h the
City's Local Hazardous Waste Management Program; and
WHEREAS, in order to accept fhe monies offered by the Seattle-King County
Department of Public Health, it is necessary for the City to enter into a services contract
which specifies the administrative procedures goVerning the reimbursement of funds
spent in the City's Local Hazardous Waste Management Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1_ The Mayor is hereby authorized to execute an Agreement between
the City and King County for Local Hazardous Waste Management, which agreement
shall be in substantial conformity with the agreement attached hereto as Exhibit A and
incorporated herein by this reference.
Section.2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force upon passage
and signatures hereon.
Sr ,.._
Dated and Signed this�day of , 2017.
Resolution No. 5273
January 10, 2017
Page 1 of 2
CITY OF AUBURN
ANC B I , AY'�oR
ATfEST:
�.J� -��
Danielle E. Daskam, City Clerk
APP ED TO FOR. ,
Daniel B. Heid, City Attorn
Resolution No. 5273
January 10, 2017
Page 2 of 2
EXHIBIT A
Public Health� PHSKCAgreemerrt#
COMMUNITY SERVICES
Seattle & King County AGREEMENT 1263 EHS
This P�greement is lietween King County and the Recipient identfied below. The County
depaftment ov.erseeing the work to be performed in this Agreemerrt is the Department of Public
Heafth PHSKC .
�F�IPIB�If-NAME" RECIPIB�II' F�AL TAXIDO
City of Aubum 91�001228
R�IPIBlf AODRESS IffiCIPI@R CONfACT&BNAIL�AOORB$
25 W Main St. Joan Nelson
Aubum, WA 980014998 jenelson�aubumwa.gov
PHSKC pVIS10N PR0.1�T TRLE
EHS local Hazardous Waste Management Program
AGR�AHiT STARf�MTE AGF�NBiT BJD d1TE AGF�YIBJT MAIOMUMAMOUNf
_ . _ . ._ . . . . .. _ . .
Jan 01 2017 Dec 31 2018 $49,019.76
..FUtmING�DETAILS�
Fundlna�Source FHSKC Conhact# Qp�ypt BfectivaDates
-Counry 549.01976 Jan 01 2017 TO Dac 31 2018
RINDING SUMMARV
FEDERAL: $0 COUNTY:$49,019.76 STATE: $0 OTHER: $0
ISTFfrR�IPIBQf ASUBf�IPI@If FORPURPOS6 OF�TFA8AGR�AB�R: NO
D(HIBITS. The fdiowing F�chibits are attached aiid are incorporated iMo this Agreement tiy reference: �
E)0-IIBIT A—Scope of WOAc
EXFIIBIT B—Budget
E�-IIBff C—Imoice
In cons ideration of paymenLs,coyenants,and agreemen5 hereinaRer mentioned,to be m ade and perfo:rrned by tlie
parties hereM,the parties m utuallyagree that Uie Recipient shall provide services and comply with the requirements set
forthinthisPBreement. Thepartiessigningbelavrepresentthattheyha�ereadandunderstandlhisPgreement,and
haye the authority�to ezeeute fhis Agreement Furthertnore,in addition to agreeing to t�e terms and coniJitlons proNdetl
herein,by signing this Pgreement,the�Recipientcertifies thatit has read and undershands the Pgreementrequiremen5
on the PHSKC webs ite(http://www.kingcounly.govlhealth/Agreem ents),and agrees to com plywith all of Ihe Pgreem ent
tertnsandconditionsdetailedonthatsite,includingEEOMondiscrimination,�HIPA4, Insurance,andCredentialing,as
applicable. �
RECIPIENTSIGNATURE PRINTED NAME PND TITLE DATE SIGNED
� .
PHSKC SIGN E PRINTED ,M� AND T1TLE DATE SIGNED
Pppro�ed�as to Fortn:OFFICE OF THE KING COUNTY PROSECUTING�ATTORNEY
(This furtn is a�ailable in altemate fortnats for people with disabilities upon request.)
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KING COUNTY TERMS AND CONDITIONS
1. Ac�reement Termand Termination
A This P�reement shall commence on the Agreement Start Date and s hall terminate on the
Agreement End Date as specified on page 1 of this Agreement, unless extended or
terminated earlier, pursuant to the terms and conditions of the AgreemeM.
B. This Agreement may be terminated by the County or the Recipient without cause, in whole or
in part, prior to the Agreement End Date;by providing the other parly thirty (30)days advance
written notice of the termination. The Agreement may be suspended by the County without
cause,in whole or in part, prior to the date specified in Subsection 1.A above, by providing
the Recipierrt 4hirty (30) days advance written notice of the suspension.
C. The County may terminate or suspend this Agreement, in whole or in part, upon seven(7)
days advance written notice in the event: (1)the Recipient materially breaches any duty,
obligation, or service required pursuant to this Agreement, or(2)the duties, obligations, or
services required herein become impossible,illegal, or not feasible. If the Agreement is
terminated by the County pursuaM to this Subsection 1.C. (1),the Recipient 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 Recipient, inciuding but not limited to
misappropriation, nonperformance af required services,or fiscal mismanagement,the
Recipient shall retum to the Courriy immediately arry funds, misappropriated or unexpended,
which have been paid to the Recipient by the County.
D. If County or other e�ected or actual funding is withdrawn, reduced, or limited in any way prior
to the termination date set forth above in Subsection 1.A, the County may, upon written
notification to the Recipient, terminate or suspend this Agreement in whole or in part.
If the Pgreement is terminated or suspended as provided in this Section: (1)the County will be
liable only for payment in accordance with tFie terms of this Pyreement for services reniiered
prior to the effective date of termination or suspension;and (2) in the case of termination the
Recipient shall be released from any obligation to provide such further servicespursuanfto
the Agreement ; and (3) in the caseofsuspension the Recipient shall be rel�sed from any
obligation to provide services during the period of suspension and until such time as the
CouMy provides written authorization to resume senrices..
Funding or obligation under this Agreement beyond the current appropriffiion year is
cond'Rional upon appropriation by the C.ounty Council of sufficient funds to support the
acti�rities described in the Agreement. Should such appropriation not be approved, this
Pgreement will terminate at the close of the current appropriation year.
E. Nothing herein shall limR,waive, or extinguish arry right or remedy provided by this Agreement
or law that either pariy may have in 4he event that the obl.igffiions, terms,and condftions set
for4h in this Agreement are breached by fhe o4her pariy.
2. Compensation and Method of Payment
A The County shall reimburse the Recipient for satisfactory completion of the services and
requirements specified in this Pgreement, 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 Recipient shall submit an invoice and all accompanying reports as specified in the
attached e�ibits not more than 15 working days after 4he close of each indicated reporting
period. The County shall make payment to the Reciqient not more fhan 30 days after a
complete and accura4e invoice is re�eiyed.
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C. The Recipient shall submit its final invoice and all outstanding reports within 30 days of the
date this Agreement terminates. If the RecipieM's final invoice and reports are not submitted
by the day specified in 4his subsection,the County will be relieved of all liability for payment to
the RecipieM of the amounts set forth in said inwice or any subsequent invoice.
D. When a budget is attached hereto as an e�ibit, the Recipient shall appy the funds received
from fhe County under this Agreement in accordance with said budget. The Agreement may
corNain separate budgets for separate program componerrts. The Recipient shail request
prior approval from the County for an amendment to this Agreement when the cumulative
amount of transfers among the budget categories is expected to exceed 10%of the
Agreement amount in any Agreemerit budget. Supporting documents necessaryto explain
fuly the nature and purpose of 4he amendmentmust accompany each request for an
amendment. Cumulative transfers behveen budget categories of 10%or less need not be
incorporated by wri$en amendment;however, 4he County must be informed immediately in
wri4ing of each such change.
E. Should, in the sole discretion of the County, the Recipient not timely expend funds allocated
under this Agreement,the County may recapture and reprogram any such under-expenditures
unilaterelly and without the need for further amendment of this Agreement. The County may
unilateraly make changes to 4he funding source without the need for an amendment. The
Recipient shall benotfied in writing of any changes in the fund source or the recapturing or
reprograming of under expenditures.
F. If travel costs are contained in the attached budget, reimbursement of Recipient Vavel,
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 Intemal
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
individualy owned vehicles for that time which the vehicle is used during work hours.
Parking shall be the actual cost.When rental vehicles are author¢ed, govemment
retes shall be requested. If the Recipient dces not request government rates,the
Recipient shall be personaly responsible for the difference. Please reference the
federal web site for current rates: http://www.gsa.gov.
2. Reimbursementfor meals shall be limited to the per diem rates established by federal
travel requisftions for the host cRy in the Code of Federal Regulations, 41 CFR §301,
App.A Please reference http://www.qsa.qov for the current hast city per diem rates.
3. Pccommodation rates shall not ezceed the federal lodging limit plus host cily;azes.
The Recipient shall always request goverriment rates.
4. Air travel shall be by cbach 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
activ'dy of limited duration and only one round-trip ticket, per person, shall be billed. per
trip. Any air travel occurring as part of a federal grant must be in accordance with the
Fly America Act.
3. Internal CoMrol and Accounting System
The RecipieM shall establish and maintain a system of accounting and intemal controls which
complies with generaly accepted accoun4ing principles promulgffied by the Financial Accounting
Standards B.oard (FASB), the Govemmental Accounting Standards Board (GASB), or bo4h as is
applicable to 4he RecipieM's fortn of incorporafion.
4. Debarmentand Suspension Gerfification
Entities tliat are debarred, suspended, or proposed for debarment by the U.S. Govemment are
ezcluded from receiving federal funds and contracting with the County. The Recipient, by s.ignature
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to this Agreement, cert'ifies that the Recipierrt is not presently debarred, suspended,or proposed for
debarment by any Federal department or agency:The RecipieM also agrees that it will not enter
into a sub-agreement with a RecipieM that is debarred, suspended,or proposed for debarment.The
Recipient agrees to notity King County in the event it, ora sub-awardee, is debarred, suspended, or
proposed for debarment by any Federal department or agency.
5. Maintenance of RecordslEvaluations anil lnsbections
A The Recipient shall maintain accounts and records,including personnel, property, financial,
and programmatic records and other such records as may be deemed necessary by ttie
County to ensure proper accounting for all Agreement funds and compliancewith this
Agreement.
B. In accordance with the nondiscrimination and equal employment opportunity requirements set
forth in Section 13. below, the Recipient shall maintain the following:
1. Records of employment, employment advertisements, application forms,and other
pertinent data, recordsand information related to employment, applications for
employment or the administration w delivery of services or any other benefits under
this Agreement; and
2. Records,including written quotes, bids, estimates or proposals submitted to the
Recipient tiy all businesses seeking to participate on this f�reement, and any other
information necessary to documerit the actual use of and payments to sub-awardees
and suppliers in this P�reement, including employment records.
The County may visR the srte of the work and the Recipienf's office to review the foregoing
records.The Recipient shall provide every assistance requested by the County during such
visits and make the foregoing recordsavailable to the Counry for inspection and copying
upon request.The Recipient shall proyide right of access to its facilities—includi,ng those of
ariy sub-awardee assign"ed any portion of this Agreement pursuant to Section 12—to the
County, the state,and/or federal agencies or officials at all reasonable times in order to
monitor and evaluate the senrices provided under this Agreement. The County will give
advance notice to the Recipient in the case of fiscal audits to be conducteil tiy the CouMy.,
The Recipient shall complywRh all record keeping requirements set forth in any federal riiles,
regulations or statiites included orreferenced in the Pgreement documents.Th_e Recipignt
sFiall inform the County in writing ofthe location, if different from the Recipient address listed
on page one of this Agreement, of the aforesaid books, records,documents,and otHer
evidence and shall notify the County in wFiting of any changes in location within ten (10)
working days of any such relocation.
C. The records listetl in A and B above shall be maintained for a perioti of six(6)years after
termination of this Agreement. The records and documerrts with respect to all matters cwered
by this Agreement shall be subject at.all timeto inspection, review, or aud'R by 4he Courrty
and/or fetleraVstate officials so author¢ed by law during the performance of this Agreemerrt
- .
and six(6)years after termination hereof, unless a bnger retention period is reguired by law.
D. Medical records shall be maiMained and preserved by the Recipient in accordancewith state
_. . . . . _
and federal medical records statutes;including but not limRed to RCW 70.41:190, 70:02:160,
and standard medical records practice. If fhe Recipient ceases operations under this
Agreement, 4he Recipient shall be responsible for the disposRion and maiMenance of such
medical records.
E. The Recipient agrees to cooperate with the County or its agent in the evaluation of the
RecipienYs performance under this Agreement and to make available all information
reasonably required by any such evaluation process.The results and records of said
evaluffiions shall be maintained and disclosed in accordancewith RCW Chapter42.56.
a
F. The Recipient agrees that all information, records,and data collected in connection wi4h this
Agreement shall be protected from unauthorized disclosure in accordancewith applicable
state and federal Isw.
6. Comaliance with the Health Insurance Portabilitv and Accountabilitv Act of 1996 (HIPAAI
The Recipient shall not use protected heafth information created or shared under this P�q[eement in
any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its
provisions. Recipient shall read and certify compliancewith all HIPAA requirements at
http://www.kingcounty.gov/heatthservices/health/partners hips/contracts
7. Audits
A If the Recipient, for-profit or non-profit, receives in excess of$100,000 in funds during its fiscal
year from 4he County, it shall provide a fiscal year financial statement prepared by an independent
Certified Public Accountant or AccouMing Firm within six(6) months subsequent to the close
of the RecipieM's fiscal year.
B. Additional audR or review requiremeMs which may be imposed on the County will be passed
on to the Recipient and the Recipient will be required to comply with arry such requiremeMs.
8. Corrective Action
If the County determines that a breach of Ag�eement has occurred,that is, the Recipient has failed
to comply with any terms or conditions of this Ag�eement or the Recipient has failed to proVide in
any manner the work or senrices 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 Recipient in writing of the nature of the breach;
The Recipient shall respond in writing within three(3)working days of Rs receipt of such
notfication, which response shall intlicate the steps being taken to correct the specified
deficiencies.The correcbve action plan shall specify the proposed completion date for bringing
the Agreement into compliance,which date shall not be morethan ten(10) days from, the date
of the Recipierrt's response, unless the Cou.nty,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 Recipient in writing of the County's determination as to the
sufficiency of the Recipient's corrective action plan:The determination of sufficiency of the
RecipienYs corrective action plan shall be at the sole discretion of the CouMy;
C. In the event that the Recipient does not respond within 4he appropriate time with a corrective
action plan, or the Recipient's corrective action plan is determined by the County 4o be
insufficient,the Couniy maycommencetermination or suspension of this Agreement in whole
or in part pursuarrt to Section 1.G.;
D. In addRion, the CouMy may withhold arry payment owed the Recipient or prohibit the
Recipierit from incurring addRional obligffiions of funds until the County is satisfied that
corrective action has been taken or compiefed;and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section 1., Subsections B, C, D, and E.
9. Disoute Resolution
The parties shall usetheir best,good-faith efforts to cooperatively resolve disputes and problems that
arise in connection with this Agreement. Both parties will make a good faith effort to continue wfthout
delay to carry out their respective responsitiilities under this Agreement while attempting to resolve
the dispute under this section.
10. Hold Harmless and Intlemn�cation
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A In providing senrices under this Agreement, the Recipient is an independent contractor,and
neither R nor Rs officers, agents, or employees are employees of the County for any purpose.
The Recipient shall be responsible for all federal and/or state taz, iniiustrial insurance, and
Social Security liability that may resuR from the performance of and compensation fo�these
services and shall make no claim of career serdice 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,benef¢s,
or taxes, by, or on behalf of the Recipierit, its employees, and/or others by reason of this
Agreement. The Recipient shall protect, indemnify; defend and save harmless the Courriy, its
officers,agents, and employees from and against ariy and all claims,costs,and/or losses
whatsoever occurring or resufting from (1)the Recipient's failure to pay any such
compensation,wages,benefits, or taze§,and/or (2)the supplying to the Recipient of work,
services,materiais,or supplies by RecipieM employees or other suppliers in connection with
or support of the performance of this Ag[eement.
B. The Recipient further agrees that R is financially responsible for and will repay ihe CouMy all
indicated ariiourits following an audit exception which occurs due to the negligence, intentional
act, andlor failure, for arry reason,to complywRh the terms of this qgreement by tlie
Recipient, its officers, employees, �qents; and/or r.epresentatives.This duty to repay 4he
County shiall not be diminished o�eidinguished liy the prior termination of tlie Agreement
pursuant to the Term and Termination section.
C. The Recipient shall protect, defend, indemnify, and save harmless the County, its officers,
employees, and agents from any and all costs,ciaims,judgmeMs,and/or awards of damages,
arising out of,or in any way resutting from,the negligent acts or omissions of the Recipient, its
officers,employees, sub-awardees ancUor agents, in its perfortnance andlor non-performance
of Rs obligations under this Agreement. The Recipient agrees that its obligations under this
subparagraph eictend to any claim,demand,and/or cause of action brought by,or on behalf
of, any of its employees or agents. For this purpose,the Recipient, by mutual negotiation,
hereby waive.s, as respects the County ony, any immunity that would othervvise be available
against such claims under the Industrial Insurance provisions of Ti41e 51 RG1N.In 4he event
the Courrty incurs any judgment, awaM, and/or cost arising therefrom including attomeys'
fees to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from the Recipient.
D. The C.o.unty shall protect, defend, indemn'ify, and saye harmless the Recipient, ds offioers,
employees,and agents from any and al(costs,claims,judgments,andlorawards of damages,
arising out of, or in any way resutting from,the sole n:egligent acts or omissions of fhe County,
its officers,employees, and/or ageMs, in its pertortnance and/or non-performance of ks
obligations under4his AgreemeM. The CouMy agrees that ks obligations under this
subparagraph exfend to any claim,demand;and/or cause of action brought by, or on behalf
of, arry of its employees or ager�ts. For thispurpose,the County, by mutual negotiation,
hereby waives, as respects the Recipient ony, any immunity that would otherwise be
available againsf such claims under the Industrial Insurance provisions of Tftle 51 RCW. In the
event the Recipien4 incurs any judgmen4;award, and/or cost arising therefrom including
attorneys' fees to enforce the provisions of this article, all such fees,expenses,and costs
shall be recoverabie from the County.
E. Claims shall include, but not be limited to,assertions that use or transfer of software,book,
document, report,film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infingement of any copyright, patent, Vademark,trade name,
and/or o4hervvise results in uniair trade practice.
F. Nothing contained within this provision shall affect and/or aRer the application of arry other
qrovision contained within 4his Agreement.
s
G. The indemnification, protection, defense and save harmless obligations contained herein shall
survive the eupirafion; abandonmen4 or termination of this Agreement.
11. Insurance Reauirements
By the date of execution of this Agreement;the Recipient shall procure and maintain for the
duration of this Agreement, insurance again§t claims forinjuries to persons or damages to properly
which may arise from, or in connection wRh, the performance of work hereunder 6y the Recipient,
its agents, representatives, employees, and/or sub-awardees.The costs of such insurance shall be
paid by the Recipient or sub-awardee. The Recipient may furnish separate certificates of insurance.
and policy endorsements for each.sub-awardee as evidence of compliance with the insurance
requiremen4s of tHis Agreement. The Recipient is responsible for ensuring compliancewith all of the
insurance requirements stated herein. Faiture by the Recipient, its agents, employees, officers,sub-
awardee, providers, and/or provider sub-awardees to comply wRh the insurance requirements
stated herein shall constitute a material breach of this.Agreement. Specific coverages and
requirements are at http:/lwww.kingcounty:govlheafthservices/health/partnerships/contracts;
Recipients shall read and provide required insurance dceumentation prior to the signing of this
Agreement.
12. AssicinrrienUSub-apreements
A The Recipient shall not assign or sub-award any portion of this Agreement or transfer or
assign any claim arising pursuant to this Agreement without the written consent of the County.
Said consent must be sought in wrRing tiy the Recipient not less than fifteen (1b)days prior to
the date of ariy proposed assignment.
B. "Sub-agreemenY'sh_all mean any agreement between the Recipient and a sub-awardee or
between sub-awardees that is based on this Agreement, rop vided that the term"sul}
awardee"dces not include the pu�chase of(1)support services not related to tHe subject
matter of this Agreement, or(2) supplies.
C. The Recipient shall include Sections2.D., 2.E., 3, 4, 5, 6, 10.A, 10.6., 10.G., 12, 13, 14, 15,
16, 17, 23, 24, 25, and the FundePs Special Terms and Conditions, if attached, in every.sub-
agreement or purchase agreement for services that relate to the subject matter of this
Ag�eement.
D. THe Recipient agtees to include the following language verbatim in e4ery sub-agreement for
services which relate to the subject matter of this Ag�eement:
"Sub-awardee shall protect, defend, iniiemnify, and hold harmless King County, its officers,
employees and agents from any and all costs,claims,judgments,and/or awa�ds of damages
arising out of, orin any way resuking from the negligent act or omissions of sub-awardee, its
offce�s,employees, and/or agents;in connection with o�in support o.f this Pgreemen;. Sub-
awardee expressly agrees and understands that King County is a third party tieneficiary to this
Agreement and shall have the right to bring an action against sub-awardee to enforce the
provisions of 4his paragraph"
13. Nondiscrimination: Equal Emplovment Ouaortunitv; Pavment of a Livinq Waqe
The Recipient shall complywith all applicable federal, stateand local laws regarding discrimination,
including those set forth in this Section.
A During performance of the Agreement,the RecipieM agrees that it will not discriminateagainst
any employee or applicant for employment because of the employee or applicanf's sex; race,
color, marital status,national origin, religious affiliation, disabilily, sexual orientation, gender
identity or expression or age except by minimum ageand retirement provisions, unless based
upon a bona fide occupational qualification: The Recipient will make equal employmen4
opportunity efforts to ensure 4hat applicarrts and employees are treated; without regard to their
sex, race, cobr, marital status,national origin, religious affliation, disability, sexual orientaFion,
_
gender identily or expression or age. Additional reguirements are at
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http://www.kingcounty.gov/healthservices/healthlpartnerships/contracts; Recipients shall read
and certify compliance.
B: Requirements of King County Living Wage Ordinance
In accordance with King County Ortlinance 17909, as a condition of awarii for agreements
beginning on or after April 1, 2015, for services witfi an inRial or ameniied value of$100,000
ormore,the Recipient agrees that it sliall pay and require all sub-awa�dees and
subcontractors to pay a living wage as described in the ordinance to employees for each
hour the employee performs a Measurable Amount of Workon this Agreement. The
requirements of the ordinance, including payment schedules,are detailed at
http://www.kingcounty.gov/operations/procu�emerrt/Resources/ordinance-17909.aspx.
Volations of this requirement mayresuft in disqualification of the Recipient frombidding on or
being awarded a County agreement or contract for up to two years; contractual remedies
including, but not limited to, liquidated damages and/or tefmination of the Agreemgnt;
remedial action as set forth in'Pu61ic rule; and other civilremedies and sanctions allowed„by
law. For purposes of this Section,a"Measurable Amount of Work"is defined as a definRiye
allocation of an employee'stime that can be attributed to work performed underthis
Agreement, but that is not less than a total of one hour in any one week period.
14. Conflict of Interest
A The Recipient agrees to compy with applicable prodisions of K.C.C.3.04. Failure to comply
with such requirements shall be a mate�ial breach of this Agreement, and may resutt in
termination of this P�greement pu�suant to$ection II and subject the Recipient to the remedies
stated therein, or otherwise available to the County at law or in equily.
B. The Recipient agrees, pu�suant to KCC 3.04.060, that.it will not willfufly attempt to:secure
preferential treatment in its dealings with the County by offering any valuable consideration,
thing of Dalue or gift, whether in the form of services,loan, thing or promise, in any form to any
county o�cial or employee. The Recipient acknowledges tHat if it is ffiund to have violated the
prohi6ition found in this pa�agraph, As cu�rent Agreerrients wRh the county will be cancelled
and it shall not be able to bid on any county,�reement for a period of two years.
C. The Recipient acknowledges that for one year after leaving Courriy employment, a former
County employee may not have a fnancial ofbeneficial interest in an agreement or.grantthat
was planned, authorized, or funded by a County action in which the formerCounty employee
participated during County employment. Recipient shall identify at the 4ime of offer curzent or
former County employees involved in the preparation of proposals or the anticipated
perforinance of Work if awarded tfie AgPeement. Failure to identify cu�rent or former County
employees inVolved in this trensaction may result in the County's denying or terminating this
Agreement. A$er Agreement award,fhe Recipient is responsible for notifying the County's
Projecf Manager of curren4 or former County employees who may become invoNed in'4he
Agreement any time during the term of the l�reement.
75. Equiqment Purchase,Maintenance,and Ownership
A The Recipierrt agrees that any equipment purchased, in whole or in part;with Agreement
funds at a cost of$5,000 per item or more,when the purchase of such equipment is
reimbursable as an Agreement budget dem, is upon its purchase or receipt the properly of the
County and/or federaUstate government. The Recipient shall be responsible for all such
property, including the proper care and maintenance of the equipment.
B. The Recipient shall ensure that all such equipment will be returned to the County or
federaUstate government upon termination of this Agreement unless othervvise agreed upon
by the parties.
16. ProprietarvRiqhts
8
The parties to this Agreement hereby mutually agree that if any patentable or copyrightable material
or article should result from 4he work described herein, all rights accruing from such inaterial or
article shall be the sole properry of the County. The County agrees to and does heretiy grant to the
Recipient, irrevceable, nonexclusive; and royalty-free license to use, according to law, any material
or art'icle and use any method that may be developed as part of the work under this A8[eement.
The foregoing products license shall not apply to eadsting training materials, consuking aids,
checklists,and other materials and documents of the Recipient which are modified for use in tHe
performance of this Agreement.
The foregoing provisions of this secGon shall not apply to ezisting training materials,consutting aids,
checklists;and other materials and documents of the Recipient ttiffi are not modified for use in the
performance of this Agreement.
17. Political Activitv Prohibited
None of the funds, materials, property; or services ptovided dire.ctly or indirecty under this
Agreement shall be used for arry partisan polRical activity or to further the election or defeat o.f any
candidate for public office.
18. KinaCountvRecvcled-FroductFrocurementPolicv
- - -
In accordancewith King County Code 18,20,the Recipient shall use recyded paper, and both sides
of sheets of paper whenever practicable,when submitting proposals, reports,and invoices, rf paper
copies are required.
19. .Future-Support
THe County makes no commRmerrtto support the servicesawarded for herein and assumes no
obligation for future support of the acYnrity awarded herein except as expressy set forth in this
Agreement.
20. Erhire ApreementlWaiver of Default
TFie parties agree that this Agreement is the complete expression of the terms hereto and arry oral
or written representa4ions or understandings not incorporated herein are excluded. Both parties
recogn¢e that time is of the essence in the performance of the provisions of this Pgreement.
Waiver of any defauR shall not be deemed to be a waiver of any subsequent defauft. Waiver or
breach of arry provision of the Agreement shall not be deemed to be a waiver of any other or
subseguent breach and shall not be construed to be a modification of the terms of the Agreement
unless stated to be such through wriffen approval by fhe CouMy, which shall be attached to the
original Agreement.
21. Amendments
Either party may request changes to this Flgreement. Proposed changes which are mutually
agreed upon shall be incorporated by written amenilments to this Ag[eement. Changes to tFie
County's AgreemeM numbering system or fund source may be made unilaterally by the County and
without the need for amendment of this Agreement. The Recipient shall be notfied in writing of any
changes in the Agreement number or fund source assigned tiy the County; pro4ided, however, that
the total compensation allxated by the County tFirough this Agreement dces not change.
22. Notices
Whenever this Agreement provides for notice to be provided by one party to anoth_er, such notice
shall be in writing and directed to the chief executive office of the Recipient and the project
representative of the County department specifieii on page one of this Agreement. Any time w'ithin
which a party must take some actiorrshall tie computed from the date that the notice is received by
said party.
23. Services Provided in Accordance with Law and Rule and Renulation
9
The Recipient and any sub-awardee agree to abide by 4he laws of the state of Washington, rules
and regulations promulgated thereunder, and regulations of the state and federal govemments,as
applicable, which coMrol disposition of funds granted under this Agreement, all of which are
incorporated herein by reference.
In the event that there is a conflict between any of tlie language contained in any exhibit or
attachment to this AQreement, the language in the Agreement shall have control over the language
contained in the exhibR or the attachment, unless the parties affirmatively agree in writing to the
contrary.
24. Abalicable Law
This Agreemerrt shall be construed and interpreted in accordance with the laws of the State of
Washington. The venue for any action hereunder shali be in the Superior Court for King County,
Washington.
25. Electronic Processina and Sianatures
The parties agree tHat this Agreement may be processed and signed electronically, which if done
so,will be su6je�t to additional terms and conditions found at
https://www.docusictn.com/companv/terms-of-use.
The parties acknowledge that they Have corisuked with their respectiVe attomeys and Fiaye had the
opportunity to review this Pgreement. Therefore, the parties expressry agree tHat this Agreement
sHall be given full force and effect according to each and all of its exp�ess terms and provisions and
the rule of construction that any ambiguities are to be resolyed against the draiting party shall not
be employed in the interpretation of this Agreement.
The parties executing this Agreement electronically have authority to sign and bind Rs represented
parly to this Agreement.
26. No Third Partv Beneficiaries
Except for the parties to whom this Agreement is assigned in compliance wi4h the terms of 4his
Agreement, there are no third party ben�ciaries fo this Agreement, and ttiis Agreement shall not
impart any rights enforceable by any person or entity fhat is not a party hereto.
END OF COUNTY TERMS AND CONDITIONS
10
EIdIIBIT A
SCOPE OF WORK
CTTY OF AUBURN
1/1l2017-12/31/2018
Bacic¢round
'll�e Local Hazardous Waste Managemetrt Plan(hereafter referred to as the"Plan'�as updated 'm 1997
and 2010,was adopted by the parh�er agencies(the Ku�g Cowrty Sotid Waste Division,ttie Seattle
Public Ut�7rties,tt�Kmg Couirty Water and Land Resoiuoes Division and the Seattle-Kuig Coimty
Deparuneirt ofPubtic Health)ancl the crties bcated m ICu�g CoLmty. 11ie Washa�gton State Departmeirt
ofEcobgy m accordance wRh RCW Z0105.220 subsequently approved the Plan 'Ihe Cdy$an
active and vaLaed parfier m tl�e regional I,ocal Hazardous Waste Managemem Progam(hereafter
re�ned to as the"Prbgram'�.
The pwpose ofthis E�vbrt is to defrtie the relationshq�associated with the Program's fiuid'mg ofCAy
activrties perforrred imder the auspices ofthe Plan and as approved by the Program's Manageinetrt
Coord'niation Coiiunittee.(here�after referred to as the"MCC'�. Tl�'s Agreemeirt fiarther deSmes tl�
r0sponsibilrties oftl�Crty and the Seattle-IC�g Coimty Deparhne�rt ofPublic Health wdh respect to the
transfer ofProgram momes.
Scoce of Work
liie Cily ofAubirtn w�assst m the pmmotion ofnahual yazd caze to one Aubwn neighborhood
througJi the Kmg Cowlly Natural Yazd Care Neighborhoods program
Tl�e City w�71 create and mail newsletters, 8yers or postcards about househo�haaardous waste to
Aubwn resideirts;and also hrte a consnitatrt to provide outreach, education and prese�ations at public
eveMs.
Resnoasibili4ies ofthe Pariies
The Ci
1. 'Ihe Cdy shaIl devebp az�d subm�project proposals and budget requests to the Progam's
Co�ract Admm'strator. Fwids provideil to tlie Cdy by the Program p�ssuarn to this Co�act
stiall be used to m�plemerrt haaerdous waste programs and/or services as approved by the
MCC.
2. The Cdy shall submrt tonely reimbutsem8trt requests as negotiated wrth the Coirtract
Admrtmistrator. For reunbiuseriieiit,the CQy shall sbtiinrt tlie folbwmg to the Co(rtract
Adinm'strator:
a) An mvoice(see F,�shibrt C). Irivoices shoukl b.e sem to the Contract Admm'strator
for approvaland paymerrt.
City of Aubum 1
b) A briefdescrq�tion ofactivdy accompl'shed and fimds expended 'm accordance wrth
the scope ofwork.
c) Cop�s of mvoices fur expend¢i¢es or a fmancial state�rrt prepazed by the Crty's
fmance deparhrietrt. 'Ihe fmancial shtemetrt should 'mclude vendor names,a
description of services provided,date paid and a check or warram rnunber.
3. 'Ihe City shall notify the Corrtract Administrator no later than December 15`�regazd'mg the amoimt
of o�rtstand'mg expenditures furwhich the C dy has not yet submrtted a rennbiusemern request
4. It i�the respons�b0rty ofthe Cdy to coinplywrth all applicable co�mty, state and/or federal reportmg
reqnfrer�t�ts wIIh respect to the co�ction and iransfer of modetate risk wastes. The C.ity shaIl
report to the Co�ract Adrtm�trator the quantity,by type,ofmoderate rnk waste collected usmg
Progam fimds. The Crty shaD also provide the Co�mact Adm�'strator with copies ofEPA's Non-
Hazardous Waste Man�'est orsim�lar form, associated wuh the trdnsport ofmodeiate risk waste
col�cted through Progam-fimded eve�rts,
5. 'Il�e Cily 's solely resporivble for any and all sp�ls, ]eaks or other emergences arismg at the ficilrtes
associated wrth the Cdy's evems or um any other way associated w�h activ4�s conducted withrt�tfie
scope offl�CoMrect. In the everrt ofa spiD or other emergency,the Crty's responsible for
complymg wrth aIl applicabk laws and regulations.
6. 'Ihe City agrees to appropriately acknowledge tlie Progam ui all�d'ra produced—u�part or�
wtwle—wilh Progam fimds. Where feas�ble,the Crty wi71 use the Progam's bgo. 'Ihe mteirt of
th's provision's to fiqther strengll�en Yhis regional parhiership m the public's m�d.
7. The City agees to provide the Progam wrth copies ofall rt�dia material produced for bcal
l�azardous waste managemerrt evems or activRies that have been fimded by the Progam. The Cey
also agrees to albw the Progam to reproduce media materiak created w@h Program money
provided that the Program credrts the Cdy as the o��igrtiaator ofthat material
8. 'Ihs project shallbe admroistered byJoanNekon at the Cdy ofAubmn,25 W Mam Street,
Aub�sn,at(253)931-5103, (jenelson@autiimiwa.god)or tier desigiee.
9. Questans or concems regard'mg any issue associated wrth this Exh�brt that caru�ot be handled
by the Contract Admmistrator shoukl be r8�rred to d�LHWMP Program D'v8ctor fcir iesolirtion
Seattle-Kine Countv Department of PubGc Healt6
1: 'Il�e Seattle-King Cowriy Depazhne�rt ofPublic Health shall admroister,via the attached
Cornract,the trans�r ofProgam fimds to the City for ha�ardous waste manage�M everils and
activIIies.
2. W rthm ten(10)workmg days of receiv�g a request for reunbursemetrt from the Cily,the
Contract Administrator shall etlher�rotdy the Crty of any exceptions to the request which have
been ideirtrt'�ied or shall process the request fi�r paj�ii�;�. If arry exceptions to the re:quest are
made,this sliall be do�by wrdten r�ot£cation to Yhe CIly pioyidmg the reason for such
exception 'Ihe Comract Admm'strator w�not author�paymeirt for ac�s and/or
expendihues that are not inchuled in the scope ofwork, unkss the scope has been amended.
Ciry ofAubum 2
11ie CormactAdmu�trator retauis the right to wrthhold atl or partial payir�rrt if'the City's
mvoices are mcomplete(e.g.they do not mchide proper doctunerttatuon of expettd8ures for
which rertnb�use�nt s bemg requ8sted)or are not consisteirt wrth the sulimitted scope of
work.
Aoerem Contacts
Lynda Ransley Paul Shalbw
LHWMP Prog�am Daector LHWMP Contract Admm'strator
150 Nickerson Street, Surte 204 401 F�h Avenue, Su@e 1100
Seattle, WA 98109 Seatt�,WA 98104
206-263-824] 206-263-8487
hmdaranslev�.ku�cowitv.eov paulshalbw�.kBiecoimri.eov
Ciry of Aubum 3
EXEIIBIT B
2017-2018 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
Ci[y of Aaburn
25 W Main Strget,
Aubbin, WA 98001-4998
Com onentDescri tion 2017-2018Bud et Total
Household"Harardous $49,019:76 $49,019.76
Waste Fducarion
House o azar us
Waste Collecrion
TOTAL $49,019:76 $49,019.76
Footoote:The 2017-2018 budget can be partly or totally spent in e8her 2017 and/or 2018 but
cannot exceed the budget total in these rivo years.
City of Aubum
Public Health t•,�
SeatEle & King County� �FIEtO5MU5TBEWMPLETEDfORPROMPTPAYMENTPROCFS5ING
._._..__... ..«-... ._... _
'RingCounty Atcounts�Payable Intoritiatio[r.�
Iw",O'�r . Purcha;eOrder#
IYV C SupplierNameCityofAubum �
Contrac[Number:1263 - �Supplier#1033�� -� -� � - �
Exhibit:C Supplierd.Pay5lteCrtyofAubum ��
Contract Period of Performance: 1/1/17-12/31/18 � Remitto Address � �� � - - ��- �����
� ..._._. .._._ _ _._�
Qty of Autiurn �� tdvoice Date�_________ �-`�w .�..
25 W Main Street, ' � '��Involcek��^�� �� " � �
_-_ .—.____'
AubumWA98001-4998 pmountxobePaid:, _, .�,,,____ .___.
Invoice Processing Contact:Joan Nelson •NuteTo AP - �
(253)�931-5103 -Paymeot7ype (GrcleOne) CFi€CK di ACH
ienelson@auburnwa.aov :Prynt.onRemittance� `
PH;Pnrgramname&'phone Panl���,ShaAow(206)2fi3=8487
Submit�signed hardcopy invoire to: �
Paul Shallow
local Hazardous Waste Management Progrom
Public Health-Seattle&King County
4015th Ave.,Suite 1100
Seattle,WA98104 Start End
_. _ . .
Date Date
Invoice for servlces rendered under this
mntract for the perlod of: 1/1/17 12/31/18
MM/DD/YY
Project Organization Ezpend Acc[ Task Award DPH Acct CPA CFDA Amount
� -� Attach'sheetJaimultlplePOETAs
Expenditurrl4em 2017-18Budget PreviouslyBilled � Curcent � �Cumulative �� -�� Balance�- �
HHW Education $49,019.76 549,019.76_
HHW Collection
- -- ----- - -
TO'[01�-- — �- --�-� � --$49.019.76 � $49.019J6
I;the unEenlgned,do hercby certify under the lewz oithe SG[e af Washington penelq af perjery,Mat this Is a tme and mrreR clalm/or relmbureement�ervicez rendered.I undeMend thrt
any fal¢e tl�ims,rtaMmen[s,docamenb,or conxalmeM of materlel k4 mry be ptofecu[ed untlmr aOP�lnble Fedeal entl Stah lews.This certiflution includm any 6ttachmeMs whlch serve
�s suppart�ng dacumenb[lon[o this relmbunement r<quest.
SubrecipientSigned Date PHAuttiorization/Appioval Date
Print Name
• j�For�publlcHeakhUseOnly .�, • -�
Nettived Enhretl Qd/FMReview FMReview � OHicialCapyRcvd�
oa«
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