HomeMy WebLinkAboutSW20-S-016 Agreement for Services with Triangle Associates Inc 9u
CITY OF AUBURN
AGREEMENT FOR SERVICES
SW20-S-016
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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.
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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.
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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
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ENG-230, Revised 8/18
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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
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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.
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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.
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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.
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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.
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Nancy Bac , Mayor Signature
Name: Sara Gersten-Rothenberg
Title: President
Federal Tax ID No: 91-1549478
Approved as to form:
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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
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