Loading...
HomeMy WebLinkAboutSW20-S-016 Agreement for Services with Triangle Associates Inc 9u CITY OF AUBURN AGREEMENT FOR SERVICES SW20-S-016 r� THIS AGREEMENT made and entered into on this o3 day of January, 2020, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Triangle Associates, Inc., 811 - 1st Ave Suite 255, Seattle WA 98104 hereinafter referred to as the "Provider." RECITALS: 1. The City is in need of the services of individuals, employees or firms for school outreach work related to Waste Reduction and Recycling (WRR) and Hazardous Waste (HHW) Education Programs. 2. The City wants to hire the Provider to provide these services in connection with the City's work. 3. The Provider is qualified and able to provide services in connection with the City's needs for this work, and is willing and agreeable to provide the services on the terms and conditions in this Agreement. AGREEMENT: In consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1. Scope of Services The Provider agrees to perform in a good and professional manner the tasks described in Exhibit "A." The Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services If additional services with respect to related work are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, the parties will amend this Agreement before the Provider performs the additional services However, Provider agrees that it shall perform additional services on the written request of an authorized representative of the City pending execution of an Amendment. 3. Provider's Representations The Provider represents and warrants that it has all necessary licenses and certifications to perform the services provided for in this Agreement, and is qualified to perform those services. sw20-S-016 ENG-230, Revised 8/18 Page 1 of 8 4. City's Responsibilities The City shall do the following in a timely manner so as not to delay the services of the Provider: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Provider with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Provider to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Provider and render decisions regarding such documents in a timely manner to prevent delay of the services. 5. Acceptable Standards The Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to the City. 6. Compensation As compensation for the Provider's performance of the services provided for in this Agreement, the City shall pay the Provider the fees and costs specified on Exhibit "B." The Provider shall submit to the City an invoice or statement of time spent on tasks included in the scope of work, and the City upon acceptance of the invoice or statement shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Provider, subject to any conditions or provisions in this Agreement or Amendment. The Agreement number must appear on all invoices or statements submitted. The not-to-exceed amount for this agreement is $32,900.00. 7. Time for Performance and Term of Agreement The Provider shall not begin any work under this Agreement until authorized in writing by the City. The Provider shall perform the services in accordance with the direction and scheduling provided on Exhibit "A" unless otherwise agreed to in writing by the parties. All work under this Agreement shall be completed between January 1, 2020, and December 31, 2020. 8. Ownership and Use of Documents All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. SW 20-S-016 ENG-230, Revised 8/18 Page 2 of 8 9. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 10. Continuation of Performance In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 11. Administration of Agreement This Agreement shall be administered by Sara Gersten-Rothenberg, on behalf of the Provider, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Triangle Associates, Inc. Joan Nelson Sara Gersten-Rothenberg Solid Waste & Recycling Co-President 25 West Main Street 811 — 1st Avenue, Suite 255 Auburn, WA 98001-4998 Seattle, WA 98104 Phone: 253-931-5103 Phone: 206-583-0655 Fax: 253-876-1900 Fax: 206-382-0669 E-mail: jenelson@auburnwa.gov E-mail: saragr@triangleassociates.com 12. Notices All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change his, her or its address by giving notice in writing to the other party. 13. Insurance The Provider shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Provider, or the Provider's agents, representatives, employees, or subcontractors. Provider's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Provider to the coverage provided by such SW20-S-016 ENG-230, Revised 8/18 Page 3 of 8 insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Service Provider shall obtain insurance of the types described below: a. Automobile Liability insurance, covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. Provider shall maintain automobile insurance with minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Provider's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The Provider's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Provider's insurance and shall not contribute with it. b. The Provider shall provide the Public Entity and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. Provider shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional SW 20-S-016 ENG-230, Revised 8/18 Page 4 of 8 insured endorsement, evidencing the insurance requirements of the Provider before commencement of the work. The City reserves the right to require that complete, certified copies of all required insurance policies be submitted to the City at any time. The City will pay no progress payments under Section 7 until the Provider has fully complied with this section. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Public Entity may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Public Entity on demand, or at the sole discretion of the Public Entity, offset against funds due the Contractor from the Public Entity. 14. Indemnification/Hold Harmless The Provider shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability hereunder shall be only to the extent of the Provider's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Provider's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 15. Assignment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. SW20-S-016 ENG-230, Revised 8/18 Page 5 of 8 16. Nondiscrimination The Provider may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 17. Amendment, Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Suspension Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Provider if the services provided for herein are no longer needed from the Provider. If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 19. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 20. Costs to Prevailing Party In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. S W 20-S-016 ENG-230, Revised 8/18 Page 6 of 8 21. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. 22. Captions, Headings and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 23. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24. Entire Agreement This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 25. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. SW 20-S-016 ENG-230, Revised 8/18 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN TRIANGLE ASSOCIATES, INC. /\64 ... . I"'s CJ------ C\IL__ fili Nancy Bac , Mayor Signature Name: Sara Gersten-Rothenberg Title: President Federal Tax ID No: 91-1549478 Approved as to form: (-----\ Th,,,,„,„ _es Ct„,„ _ _ . _ . _ . , • . , :. -y --De06A tS -" Rte+ 4 se t S1MaC cAry Amway SW20-S-016 ENG-230, Revised 8/18 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES I. Purpose The purpose of this agreement is to develop, coordinate, and deliver waste reduction and recycling presentations, as well as household hazardous waste and safer alternatives presentations,to Auburn School District schools within City limits in 2020. The City of Auburn Solid Waste Division works closely with the Auburn School District's(ASD) Resource Conservation Manager(RCM)to promote waste reduction and recycling in the Auburn schools.The ASD is committed to sustainability and strives to continue reducing its waste stream.The City of Auburn provides classroom presentations to Auburn students and participates in various ASD sustainability programs. Many Auburn schools participate in the King County Green Schools and Washington Green Schools Programs. These programs are designed to align with "Sustainable Auburn" messaging to provide consistent outreach messaging across multiple City of Auburn departments.The City of Auburn Solid Waste Division also partners with Auburn Parks,Arts, and Recreation Department Mix and Match Summer Camps to strengthen key sustainability messages in the summer when students may receive less outreach on continuing the sustainable practices they learn during the school year. II. Program Description, Deliverables, Outcome, Evaluation Waste Reduction and Recycling Outreach Task 1.1 WRR Classroom Presentations Includes messaging,promotion, scheduling, materials, and presentations The Provider will deliver classroom presentations that: 1) create awareness of the variety of methods available for reducing waste and recycling, 2) engage students to take action on this awareness, 3)align with 2020 WA State learning standards,4) meet the needs of the target audience, 5) help students improve recycling habits at school and at home, and 6) promote the Solid Waste & Recycling "Sustainable Auburn: Reduce and Recycle Right" and "Sustainable Auburn: Food Scraps to Fertilizer" outreach messages in conjunction with Sustainable Auburn messaging throughout the ASD, which encourages the reduction of the use of natural resources by reducing waste, reducing food waste, reusing/donating and recycling. The Provider will work to coordinate the King County Green Schools Program outreach messaging with the City's so that they complement each other. The Provider will update all school principal and third through fifth-grade teacher contact information (phone number and email) in the fall.The Provider will be responsible for contacting and coordinating all presentations. SW 19-S-013 Exhibit A Page 1 of 5 Task 1.1 Deliverables: • Market, prepare and present up to 21 classroom workshops at eligible elementary schools. More workshops will be offered as budget is available. • Generate marketing and contact lists of all eligible teachers at target schools(as needed) • Program promotion and scheduling • Prepare project team to deliver workshops • Coordinate student pre/post learning surveys • Printing, lamination, updating, and replacement as needed of workshop materials, and pre/post student surveys • Travel/ mileage reimbursed at current IRS rate Task 1.2 Mix and Match Auburn Summer Camp—WRR Activities Includes messaging, development of activities and materials, and facilitating four days of three-hour workshops The provider will make small adaptations to the current program as needed based on 2019 lessons learned,and deliver four, three-hour"Art,Tech,Trash and the Great Garbage Patch!" camp sessions that 1.) explore how creativity, art, and science can be used to address key waste issues such as reducing disposable plastic waste, protecting habitat, and preventing water pollution, 2.) encourage to participate in a mix of active group activities, hands-on crafts with reused and natural materials, and the opportunity to create a unique art piece that incorporates LED technology, and 3.) examine sustainable choices that can keep Auburn families and wildlife safer. During the WRR-focused camp sessions,youth will: • Reuse existing materials to create a piece of art • Learn about the Great Pacific Garbage Patch • Examine sustainable shopping choices • Participate in activities and games that teach how and why to reduce, recycle, and recycle. Task 1.2 Deliverables: • Present four, three-hour hands-on camp workshop days focused on WRR best practices • Prepare project team to deliver workshops • Printing, lamination, and creation of workshop materials • Provide retrospective student pre/post learning surveys • Travel/mileage reimbursed at current IRS rate Task 1.3 School WRR cafeteria waste spot-checks If funding allows, complete visual spot-checks of elementary, middle, and high school cafeteria recycling, and compost collection where applicable,for obvious contamination and to determine level of student use. Compare information to complete waste audit report outcomes provided from prior school year. Share data with school staff and/or each school's King County Green Schools Program representative so they may offer tailored follow-up education on this data to their school population. SW20-S-016 Exhibit A Page 2 of 5 Task 1.3 Deliverables(as funding allows): • Coordinate and complete brief cafeteria lunchtime visits for waste spot-checks at elementary, middle, and high schools as funding allows. • Compare each school's spot-check information and prior school year's full waste audit report. • Share outcomes with school staff and/or each school's King County Green Schools Program representative. Household Hazardous Waste Outreach Task 2.1 HHW Classroom Presentations Includes messaging,promotion,scheduling, materials, and presentations Triangle Associates will schedule and deliver household hazardous waste (HHW) and safer alternatives workshops to eligible schools in the City of Auburn, utilizing existing Hazards on the Homefront curriculum and most current Local Hazardous Waste Management Program in King County(LHWMP) presentation messaging and graphics. These presentations will provide a basic understanding of what HHW is, what the hazards are, how to read product labels, and safer choices students and their families can make to protect human health and the environment.To ensure that the workshops meet the needs of teachers,the workshop will be aligned with Washington State's Learning Standards including the Common Core, Next Generation Science and Integrated Environmental and Sustainability Learning Standards.The lesson will be hands-on, engaging,developmentally appropriate, and provide real-life problem-solving opportunities related to HHW content. Task 2.1 Deliverables: • Market, schedule and present a total of up to 25 classroom workshops at eligible elementary and middle schools based on school interest. More workshops will be offered as budget is available. • Generate updated marketing and contact lists of all eligible teachers at target schools (each fall as needed) • Update promotional materials to market the program • Prepare project team to deliver workshops • Coordinate student pre/post learning surveys • Printing and lamination of workshop materials, student worksheets, and pre/post student surveys, and replacing workshop materials as needed • Travel / mileage reimbursed at current IRS rate Task 2.2 Mix and Match Auburn Summer Camp—HHW Activities Includes messaging, development of activities and materials, and facilitating one three-hour workshop day The provider will make small adaptations to the current program as needed based on 2019 lessons learned, and deliver one, three-hour camp session that 1.) focuses on HHW activities in connection with smart shopping and water pollution, and 2.) incorporates hands-on activities that teach participants potential hazards of household products, how to read a product label, bioaccumulation of chemicals in the food chain, and safer alternatives to hazardous products. SW 20-S-016 Exhibit A Page 3 of 5 During the HHW-focused camp sessions, youth will: • Examine daily choices and ways to reduce exposure to hazardous chemicals • Learn signal words on product labels and how to identify hazards • Examine sustainable shopping choices to keep themselves and their families safer • Participate in activities and games that teach safer alternatives to hazardous products Task 2.2 Deliverables • Present one, three-hour hands-on camp workshop day focused on HHW best practices • Prepare project team to deliver workshops • Provide retrospective student pre/post learning surveys • Printing, lamination, and creation of workshop materials • Travel/ mileage reimbursed at current IRS rate Project Management and Reporting Task 3 Project Management and Reporting Triangle Associates will work with the City of Auburn to develop and confirm program key messages, project timelines, as well as provide general program updates, etc.Triangle Associates will also provide a monthly Department of Ecology staff project time and billing reports, a written summary of the programs in for Quarters 1-2 combined progress report and Quarters 3-4 progress report each calendar year, as well as an overall final evaluation report at the conclusion of each calendar year. Task 3 Deliverables: • One in-person kick-off meeting and ongoing general communication with City of Auburn in regards to program presentations, materials, and implementation • Coordination of presentations and project team • Submittal of a monthly invoice due by the 10th of each month for prior month's billing • Monthly DOE reports due by the 10th of each month for prior month's project time spent and billing • Quarters 1-2 report each year • Quarters 3-4 report each year • Final evaluation report at the conclusion of each calendar year that includes a brief program overview, number of schools, students, and classrooms reached, as well as a synopsis of student pre/post test results. SW20-S-016 Exhibit A Page 4 of 5 III. 2020 Task Schedule and Timeline Tasks 1.1 and 2.1 Program promotion,scheduling,and presentations • Finalize updated workshop outlines and materials February 2020 including current messaging, marketing materials and student pre/post surveys • Prepare project team to deliver workshops February 2020 • Market, schedule and present workshops February-June & September-December 2020 • Generate updated marketing and contact lists August-September 2020 • Print/laminate final workshop materials February 2020 • Travel/Mileage February— December 2020 Tasks 1.2 and 2.2 Mix and Max Auburn Summer Camp Session • Review and update materials creation for five three-hour camp session days February—June 2020 • Collaborate with Auburn Parks, Arts, and Recreation February—June 2020 Department camp coordinators as needed • Deliver five days of three-hour camp sessions July-August 2020 Task 1.3 Cafeteria waste spot-checks and data sharing February- December 2020 If funding allows: • Coordinate and complete brief cafeteria lunchtime Visits for waste spot-checks at elementary, middle, and high schools. • Compare each school's spot-check information and prior school year's full waste audit report. • Share outcomes with school staff and/or each school's King County Green Schools Program representative. Task 3 Reporting and Evaluation • Kick-off meeting February 2020 • Monthly DOE staff time reports Due by 10th of each month • Monthly invoices Due by 10th of each month • Quarters 1-2 report Due by July 20, 2020 • Quarters 3-4 report Due by December 31, 2020 • Final evaluation report Due by December 31, 2020 SW 20-S-016 Exhibit A Page 5 of 5 EXHIBIT B PROJECT COMPENSATION Compensation shall be on a time and materials basis with a not-to-exceed agreement amount of$32,900.00. Time will be reimbursed as follows for staff: Project Manager & District Technical Support Staff • Education Associate — Kate Waind $90.00/hour Support and Outreach Staff* • Education Associate — Kate Waind $90.00/hour • Education & Outreach Specialists $78.00/hour • Support Specialist $72.00/hour *Additional Triangle Associates staff at equal or lesser rates may be used. Project Description Not to exceed Auburn School Recycling Program: Implementation and Outreach $32,900.00 TOTAL COMPENSATION $32,900.00 DIRECT NON-SALARY REIMBURSABLE EXPENSES • Outside reproduction fees approved by City • Materials and supplies — pertaining to tasks approved by City • Business Standard Mileage Rate at the current approved IRS rate. All direct non-salary reimbursements are at cost with no mark-up. SW 20-S-016 Exhibit B Page 1 of 1