HomeMy WebLinkAboutContractDocuSign Envelope ID: F46AED15-9879-4E44-8F23-37A4E23EED51
CAG-18-245
Public Health
COMMUNITY SERVICES
PHSKC Agreement #
Seattle & King County L41
AGREEMENT—
2666 EHS
OTHER GOVERNMENT
This Agreement is between King County and the Recipient identified below. The County
department overseeing the work to be performed in this Agreement is the Department of Public
Health PHSKC).
RECIPIENT NAME RECIPIENT FEDERAL TAX ID #
City of Renton 191-6001271
RECIPIENT ADDRESS RECIPIENT CONTACT & EMAIL ADDRESS
1055 South Grady Way, Renton, WA 98055 Linda Knight; [knight@rentonwa.gov
PHSKC DIVISION
PROJECT TITLE
EHS
Local Hazardous Waste Management Program
AGREEMENT START DATE
AGREEMENT END DATE
AGREEMENT MAXIMUM AMOUNT
Jan 01 2018
Dec 31 2018
$66,111.12
FUNDING DETAILS
Funding Source PHSKC Contract # Amount Effective Dates
King County Local NA $66,111.12 Jan 01 2018 TO Dec 31 2018
Hazardous Waste
Fund
FUNDING SUMMARY
FEDERAL:
COUNTY: $66,111.12
STATE
OTHER:
IS THE RECIPIENT A SUBRECIPIENT FOR PURPOSES OF THIS AGREEMENT? No
EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference:
Exhibit A, Scope of Work
Exhibit B, Budget
Exhibit C, Invoice
In consideration of payments, covenants, and agreements hereinafter mentioneq,,tAbo(ngde and performed by the
parties hereto, the parties mutually agree that the Recipient shall provide se�s��d c afy,),vith the requirements set
forth in this Agreement The parties signing below represent that they ha�CC �� cl,u5tirt�jythis Agreement, and
have the authority to execute this Agreement Furthermore, in addition tct`a§.o O� 6 to the f€q, M conditions provided
herein, by signing this Agreement, the Recipient certifies that it has reaGTandr1nders 3 they regiment requirements
on the PHSKC website (http:/twww.kingcounty.gov/health/contracts), a5dwgf-ee�t o ply wi$b all bf the Agreement
terms and conditions detailed on that site, including EEO/Nondiscdminition,3-Il I�nc19 ahcECredentialing, as
aDolicable. —
RECI E T SIGNATURE
A '�, ''��,, ��:'tE
�nwma�
SIGNED
��
rED SE?` ���
�1
r/ /
Denis Law, y
Ja n A. Seth, City t"1'�t'%
PHSKC SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
DocuSignedby:
Dylan Orr
��� OW
Deputy Director, Environmental
Deputy
Health Division
Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
(This form is available in alternate formats for people with disabilities upon request.)
KING COUNTY TERMS AND CONDITIONS
1. Agreement Term and Termination
A. This Agreement shall commence on the Agreement Start Date and shall 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 Agreement.
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 party 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 Recipient thirty (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 pursuant 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, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Recipient shall return to the County immediately any funds, misappropriated or unexpended,
which have been paid to the Recipient by the County.
D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior
to the termination date set forth above in Subsection 1.A., the County may, upon written
notification to the Recipient, terminate or suspend this Agreement in whole or in part.
If the Agreement is terminated or suspended as provided in this Section: (1) the County will be
liable only for payment in accordance with the terms of this Agreement for services rendered
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 services pursuant to
the Agreement ; and (3) in the case of suspension the Recipient shall be released from any
obligation to provide services during the period of suspension and until such time as the
County provides written authorization to resume services..
Funding or obligation under this Agreement beyond the current appropriation year is
conditional upon appropriation by the County Council of sufficient funds to support the
activities described in the Agreement. Should such appropriation not be approved, this
Agreement will terminate at the close of the current appropriation year.
E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or law that either party may have in the event that the obligations, terms, and conditions set
forth in this Agreement are breached by the other party.
2. Compensation and Method of Payment
A. The County shall reimburse the Recipient for satisfactory completion of the services and
requirements specified in this Agreement, 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 exhibits not more than 60 working days after the close of each indicated reporting
period. The County shall make payment to the Recipient not more than 30 days after a
complete and accurate invoice is received.
C. The Recipient shall submit its final invoice and all outstanding reports within 90 days of the
date this Agreement terminates. If the Recipient's final invoice and reports are not submitted
by the day specified in this subsection, the County will be relieved of all liability for payment to
the Recipient of the amounts set forth in said invoice or any subsequent invoice.
D. When a budget is attached hereto as an exhibit, the Recipient shall apply the funds received
from the County under this Agreement in accordance with said budget. The Agreement may
contain separate budgets for separate program components. The Recipient shall 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 Agreement budget. Supporting documents necessary to explain
fully the nature and purpose of the amendment must accompany each request for an
amendment. Cumulative transfers between budget categories of 10% or less need not be
incorporated by written amendment; however, the County must be informed immediately in
writing 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
unilaterally and without the need for further amendment of this Agreement. The County may
unilaterally make changes to the funding source without the need for an amendment. The
Recipient shall be notified 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 travel,
lodging, and meal expenses are limited to the eligible costs based on the following rates and
criteria.
1. The mileage rate allowed by King County shall not exceed the current Internal
Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS
mileage rate shall be paid for the operation, maintenance and depreciation of
individually owned vehicles for that time which the vehicle is used during work hours.
Parking shall be the actual cost. When rental vehicles are authorized, government
rates shall be requested. If the Recipient does not request government rates, the
Recipient shall be personally responsible for the difference. Please reference the
federal web site for current rates: http://www.gsa.gov.
2. Reimbursement for meals shall be limited to the per diem rates established by federal
travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301,
App.A. Please reference http://www.gsa.gov for the current host city per diem rates.
3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes.
The Recipient shall always request government rates.
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work
activity of limited duration and only one round-trip ticket, per person, shall be billed per
trip. Any air travel occurring as part of a federal grant must be in accordance with the
Fly America Act.
3. Internal Control and Accounting System
The Recipient shall establish and maintain a system of accounting and internal controls which
complies with applicable generally accepted government accounting standards (GAGAS).
4. Debarment and Suspension Certification
Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are
excluded from receiving federal funds and contracting with the County. The Recipient, by signature
to this Agreement, certifies that the Recipient is not presently debarred, suspended, or proposed for
debarment by any Federal department or agency. The Recipient also agrees that it will not enter
into a sub -agreement with a Recipient that is debarred, suspended, or proposed for debarment. The
Recipient agrees to notify King County in the event it, or a sub-awardee, is debarred, suspended, or
proposed for debarment by any Federal department or agency.
5. Maintenance of Records/Evaluations and Inspections
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 the
County to ensure proper accounting for all Agreement funds and compliance with 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, records and information related to employment, applications for
employment or the administration or delivery of services or any other benefits under
this Agreement; and
2. Records, including written quotes, bids, estimates or proposals submitted to the
Recipient by all businesses seeking to participate on this Agreement, and any other
information necessary to document the actual use of and payments to sub-awardees
and suppliers in this Agreement, including employment records.
The County may visit the site of the work and the Recipient's office to review the foregoing
records. The Recipient shall provide every assistance requested by the County during such
visits. In all other respects, the Recipient shall make the foregoing records available to the
County for inspection and copying upon request. If this Agreement involves federal funds, the
Recipient shall comply with all record keeping requirements set forth in any federal rules,
regulations or statutes included or referenced in the Agreement documents.
C. Except as provided in Section 6 of this Agreement, the records listed in A and B above shall
be maintained for a period of six (6) years after termination hereof unless permission to
destroy them is granted by the Office of the Archivist in accordance with Revised Code of
Washington (RCW) Chapter 40.14.
D. Medical records shall be maintained and preserved by the Recipient in accordance with state
and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160,
and standard medical records practice. If the Recipient ceases operations under this
Agreement, the Recipient shall be responsible for the disposition and maintenance of such
medical records.
E. The Recipient agrees to cooperate with the County or its agent in the evaluation of the
Recipient's performance under this Agreement and to make available all information
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56.
F. The Recipient agrees that all information, records, and data collected in connection with this
Agreement shall be protected from unauthorized disclosure in accordance with applicable
state and federal law.
6. Compliance with the Health Insurance Portability and Accountabilitv Act of 1996 (HIPAA)
The Recipient shall not use protected health information created or shared under this Agreement in
any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its
provisions. Recipient shall read and certify compliance with all HIPAA requirements at
http://www. kingcounty.gov/healthservices/health/partnerships/contracts
7. Audits
4
A. If the Recipient is a municipal entity or other government institution or jurisdiction, it shall notify
the County in writing within 30 days of when its annual report of examination/audit, conducted
by the Washington State Auditor, has been completed.
B. Additional audit or review requirements which may be imposed on the County will be passed
on to the Recipient and the Recipient will be required to comply with any such requirements.
8. Corrective Action
If the County determines that a breach of Agreement has occurred, that is, the Recipient has failed
to comply with any terms or conditions of this Agreement or the Recipient has failed to provide in
any manner the work or services agreed to herein, and if the County deems said breach to warrant
corrective action, the following sequential procedure will apply:
A. The County will notify the Recipient in writing of the nature of the breach;
The Recipient shall respond in writing within three (3) working days of its receipt of such
notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for bringing
the Agreement into compliance, which date shall not be more than ten (10) days from the date
of the Recipient's response, unless the County, at its sole discretion, specifies in writing an
extension in the number of days to complete the corrective actions;
B. The County will notify the 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
Recipient's corrective action plan shall be at the sole discretion of the County;
C. In the event that the Recipient does not respond within the appropriate time with a corrective
action plan, or the Recipient's corrective action plan is determined by the County to be
insufficient, the County may commence termination or suspension of this Agreement in whole
or in part pursuant to Section 1.C.;
D. In addition, the County may withhold any payment owed the Recipient or prohibit the
Recipient from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section 1., Subsections B, C, D, and E.
9. Dispute Resolution
The parties shall use their 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 without
delay to carry out their respective responsibilities under this Agreement while attempting to resolve
the dispute under this section.
10. Hold Harmless and Indemnification
A. In providing services under this Agreement, the Recipient is an independent contractor, and
neither it nor its officers, agents, employees, or subcontractors are employees of the County
for any purpose. The Recipient shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil service
rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits,
or taxes, by, or on behalf of the Recipient, its employees, subcontractors and/or others by
reason of this Agreement. The Recipient shall protect, indemnify, and save harmless the
County, its officers, agents, and employees from and against any and all claims, costs, and/or
losses whatsoever occurring or resulting from (1) the Recipient's failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) the supplying to the Recipient of work,
5
services, materials, or supplies by Recipient employees or other suppliers in connection with
or support of the performance of this Agreement.
B. The Recipient further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional
act, and/or failure, for any reason, to comply with the terms of this Agreement by the
Recipient, its officers, employees, agents, or subcontractors. This duty to repay the County
shall not be diminished or extinguished by the prior termination of the Agreement pursuant to
the Term and Termination section.
C. The Recipient shall defend, indemnify, and hold harmless the County, its officers, employees,
and agents from any and all costs, claims, judgments, and/or awards of damages, arising out
of, or in any way resulting from, the negligent acts or omissions of the Recipient, its officers,
employees, sub-awardees and/or agents in its performance or non-performance of its
obligations under this Agreement. In the event the County incurs any judgment, award, and/or
cost arising therefrom including attorneys' fees to enforce the provisions of this article, all
such fees, expenses, and costs shall be recoverable from the Recipient.
D. The County shall defend, indemnify, and hold harmless the Recipient, its officers, employees,
and agents from any and all costs, claims, judgments, and/or awards of damages, arising out
of, or in any way resulting from, the negligent acts or omissions of the County, its officers,
employees, or agents in its performance or non-performance of its obligations under this
Agreement. In the event the Recipient incurs any judgment, award, and/or cost arising
therefrom including attorneys' fees to enforce the provisions of this article, all such fees,
expenses, and costs shall be recoverable from the County.
E. Claims shall include, but not be limited to, assertions that use or transfer of software, book,
document, report, film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name,
and/or otherwise results in unfair trade practice.
F. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Agreement.
G. The indemnification, protection, defense and save harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
11. Insurance Requirements
By the date of execution of this Agreement, the Recipient shall procure and maintain for the
duration of this Agreement, insurance against claims for injuries to persons or damages to property
which may arise from, or in connection with, the performance of work hereunder by the 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
requirements of this Agreement. The Recipient is responsible for ensuring compliance with all of the
insurance requirements stated herein. Failure by the Recipient, its agents, employees, officers, sub-
awardee, providers, and/or provider sub-awardees to comply with the insurance requirements
stated herein shall constitute a material breach of this Agreement. Specific coverages and
requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts;
Recipients shall read and provide required insurance documentation prior to the signing of this
Agreement.
12. Assignment/Sub-agreements
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 writing by the Recipient not less than fifteen (15) days prior to
the date of any proposed assignment.
B. "Sub -agreement" shall mean any agreement between the Recipient and a sub-awardee or
between sub-awardees that is based on this Agreement, provided that the term "sub-
awardee" does not include the purchase of (1) support services not related to the subject
matter of this Agreement, or (2) supplies.
C. The Recipient shall include Sections 2.D., 2.E., 3, 4, 5, 6, 10.A., 10.B., 10.G., 12, 13, 14, 15,
16, 17, 23, 24, 26, and the Funder's Special Terms and Conditions, if attached, in every sub -
agreement that relates to the subject matter of this Agreement.
D. The Recipient agrees to include the following language verbatim in every sub -agreement for
services which relate to the subject matter of this Agreement:
"Sub-awardee shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of damages
arising out of, or in any way resulting from the negligent act or omissions of sub-awardee, its
officers, employees, and/or agents in connection with or in support of this Agreement. Sub-
awardee expressly agrees and understands that King County is a third party beneficiary to this
Agreement and shall have the right to bring an action against sub-awardee to enforce the
provisions of this paragraph."
13. Nondiscrimination and Equal Employment Opportunity
The Recipient shall comply with all applicable federal, state and local laws regarding discrimination,
including those set forth in this Section.
During performance of the Agreement, the Recipient agrees that it will not discriminate against any
employee or applicant for employment because of the employee or applicant's sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except by minimum age and retirement provisions, unless based upon a bona
fide occupational qualification. The Recipient will make equal employment opportunity efforts to
ensure that applicants and employees are treated, without regard to their sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression
or age. Additional requirements are at
http://www.kingcounty.gov/healthservices/health/partnerships/contracts; Recipients shall read and
certify compliance.
14. Conflict of Interest
A. The Recipient agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply
with such requirements shall be a material breach of this Agreement, and may result in
termination of this Agreement pursuant to Section II and subject the Recipient to the remedies
stated therein, or otherwise available to the County at law or in equity.
B. The Recipient agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable consideration,
thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any
county official or employee. The Recipient acknowledges that if it is found to have violated the
prohibition found in this paragraph, its current Agreements with the county will be cancelled
and it shall not be able to bid on any county Agreement for a period of two years.
C. The Recipient acknowledges that for one year after leaving County employment, a former
County employee may not have a financial or beneficial interest in an agreement or grant that
was planned, authorized, or funded by a County action in which the former County employee
participated during County employment. Recipient shall identify at the time of offer current or
former County employees involved in the preparation of proposals or the anticipated
performance of Work if awarded the Agreement. Failure to identify current or former County
employees involved in this transaction may result in the County's denying or terminating this
Agreement. After Agreement award, the Recipient is responsible for notifying the County's
Project Manager of current or former County employees who may become involved in the
Agreement any time during the term of the Agreement.
16. Equipment Purchase, Maintenance, and Ownership
A. The Recipient 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 item, is upon its purchase or receipt the property of the
County and/or federal/state 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
federal/state government upon termination of this Agreement unless otherwise agreed upon
by the parties.
16. Proprietary Rights
The parties to this Agreement hereby mutually agree that if any patentable or copyrightable material
or article should result from the work described herein, all rights accruing from such material or
article shall be the sole property of the party that produces such material or article. If any patentable
or copyrightable material or article should result from the work described herein and is jointly
produced by both parties, all rights accruing from such material or article shall be owned in
accordance with US Patent Law. Each party agrees to and does hereby grant to the other party,
irrevocable, nonexclusive, and royalty -free license to use, according to law, any material or article
and use any method that may be developed as part of the work under this Agreement.
The foregoing products license shall not apply to existing training materials, consulting 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 section shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Recipient that are not modified for use in the
performance of this Agreement.
17. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or defeat of any
candidate for public office.
18. King County Recycled Product Procurement Policy
In accordance with King County Code 18.20, the Recipient shall use recycled paper, and both sides
of sheets of paper whenever practicable, when submitting proposals, reports, and invoices, if paper
copies are required.
19. Future Support
The County makes no commitment to support the services awarded for herein and assumes no
obligation for future support of the activity awarded herein except as expressly set forth in this
Agreement.
20. Entire Agreement/Waiver of Default
The parties agree that this Agreement is the complete expression of the terms hereto and any oral
or written representations or understandings not incorporated herein are excluded. Both parties
recognize that time is of the essence in the performance of the provisions of this Agreement.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or
breach of any provision of the Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Agreement
unless stated to be such through written approval by the County, which shall be attached to the
original Agreement.
8
21. Amendments
Either party may request changes to this Agreement. Proposed changes which are mutually
agreed upon shall be incorporated by written amendments to this Agreement. Changes to the
County's Agreement 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 notified in writing of any
changes in the Agreement number or fund source assigned by the County; provided, however, that
the total compensation allocated by the County through this Agreement does not change.
22. Notices
Whenever this Agreement provides for notice to be provided by one party to another, such notice
shall be in writing and directed to the chief executive office of the Recipient and the project
representative of the County department specified on page one of this Agreement. Any time within
which a party must take some action shall be computed from the date that the notice is received by
said party.
23. Services Provided in Accordance with Law and Rule and Regulation
The Recipient and any sub-awardee agree to abide by the laws of the state of Washington, rules
and regulations promulgated thereunder, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Agreement, all of which are
incorporated herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or
attachment to this Agreement, the language in the Agreement shall have control over the language
contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the
contrary.
24. Applicable Law
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. The venue for any action hereunder shall be in the Superior Court for King County,
Washington.
26. Electronic Processing and Signatures
The parties agree that this Agreement may be processed and signed electronically, which if done
so, will be subject to additional terms and conditions found
at https://www.docusign.com/company/terms-of-use.
The parties acknowledge that they have consulted with their respective attorneys and have had the
opportunity to review this Agreement. Therefore, the parties expressly agree that this Agreement
shall be given full force and effect according to each and all of its express terms and provisions and
the rule of construction that any ambiguities are to be resolved against the drafting party shall not
be employed in the interpretation of this Agreement.
The parties executing this Agreement electronically have authority to sign and bind its represented
party to this Agreement.
26. No Third Party Beneficiaries
Except for the parties to whom this Agreement is assigned in compliance with the terms of this
Agreement, there are no third party beneficiaries to this Agreement, and this Agreement shall not
impart any rights enforceable by any person or entity that is not a party hereto.
END OF COUNTY TERMS AND CONDITIONS
EXHIBIT A
SCOPE OF WORK
CITY OF RENTON
1/1/2018 - 12/31/2018
Background
The Local Hazardous Waste Management Plan (hereafter referred to as the "Plan") as updated in
1997 and 2010, was adopted by the partner agencies (the King County Solid Waste Division, the
Seattle Public Utilities, the King County Water and Land Resources Division, and the Seattle -
King County Department of Public Health) and the cities located in King County. The
Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently
approved the Plan. The City is an active and valued partner in the regional Local Hazardous
Waste Management Program (hereafter referred to as the "Program").
The purpose of this Exhibit is to define the relationship associated with the Program's funding of
City activities performed under the auspices of the Plan and as approved by the Program's
Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement
further defines the responsibilities of the City and the Seattle -King County Department of Public
Health with respect to the transfer of Program monies.
Scone of Work
Description
For the past 26 years the City of Renton has implemented myriad programs that increased
knowledge, skills, and motivation of its residential and business sectors to divert household
hazardous (HHW) and business waste from landfill. These programs ranged from fluorescent
tube recycling collection to school HHW workshops to natural yard care education. While city
residents and businesses have indicated an increase in knowledge from participating in these
programs there is not adequate evidence to support that outcomes have been sustained.
Task 1 — HHW Collection
The City of Renton will organize two citywide household hazardous waste collection and
recycling events. At these events the following materials will be collected and recycled:
motor oil, oil filters, antifreeze, batteries and other materials if determined to be cost
effective.
The City will continue to implement its household battery recycling program for city
employees and the public.
Task 2 — Strategic Planning
The City in conjunction with King County Solid Waste's WRR and LHWMP's grant
programs will develop a Waste Prevention & Recycling Strategic Plan (Plan) to lay the
groundwork for future residential and business projects to divert solid waste HHW wastes
from landfill. The City will identify current barriers to waste prevention and recycling by
its residential and commercial sectors, including HHW, research successful waste
prevention programs in the nation that hold promise in the Pacific Northwest and develop
a roadmap with options for program implementation to meet and exceed the County goals
of 70% waste diversion by 2025 and the LHWM Program goals of safe storage,
collection and prevention of HHW. Staff will work with City Administration and elected
officials to achieve commitment to the Plan's goals and programs as well as develop a
funding model to sustain the work identified.
Task 3 — LHWMP Committees
Travel and related expenses incurred for one City member to staff Program committees
and workgroups will be reimbursed.
Deliverables
1 — Implement two (2) HHW collection & recycling events and continue implementation of
City's household battery collection & recycling program
2 - Waste Prevention & Recycling Strategic Plan
3 — Participation in LHWMP workgroups and committees
Responsibilities of the Parties
The City
l . The City shall develop and submit project proposals and budget requests to the Program's
Contract Administrator. Funds provided to the City by the Program pursuant to this
Contract shall be used to implement hazardous waste programs and/or services as
approved by the MCC.
2. For reimbursement, the City shall submit the following to the Contract Administrator:
a) An invoice (see Exhibit Q. Invoices should be sent to the Contract
Administrator for approval and payment.
b) A brief description of the activity accomplished and funds expended in
accordance with the scope of work.
c) Copies of invoices for expenditures or a financial statement prepared by the
City's finance department. The financial statement should include vendor
names, a description of services provided, date paid, and a check or warrant
number.
3. The City shall notify the Contract Administrator no later than December 15`h regarding the
amount of outstanding expenditures for which the City has not yet submitted a
reimbursement request.
4. The City agrees to appropriately acknowledge the Program in all media produced — in part or
in whole — with Program funds. Where feasible, the City will use the Program's logo. The
intent of this provision is to further strengthen this regional partnership in the public's mind.
The City agrees to provide the Program with copies of all media material produced for local
hazardous waste management events or activities that have been funded by the Program. The
City also agrees to allow the Program to reproduce media materials created with Program
money provided that the Program credits the City as the originator of that material.
6. This project shall be administered by Linda Knight at the City of Renton, 1055 South Grady
Way, Renton, at (425) 430-7397, (lknight@rentonwa.gov) or her designee.
9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled
by the Contract Administrator should be referred to the Program Director for resolution.
Seattle -King County Department of Public Health
1. The Seattle -King County Department of Public Health shall administer, via the attached
Contract, the transfer of Program funds to the City for hazardous waste management
strategic planning activities.
2. Within ten (10) working days of receiving a request for reimbursement from the City,
the Contract Administrator shall either notify the City of any exceptions to the request
which have been identified or shall process the request for payment. If any exceptions
to the request are made, this shall be done by written notification to the City providing
the reason for such exception. The Contract Administrator will not authorize payment
for activities and/or expenditures that are not included in the scope of work, unless the
scope has been amended. The Contract Administrator retains the right to withhold all or
partial payment if the City's invoices are incomplete (e.g. they do not include proper
documentation of expenditures for which reimbursement is being requested) or are not
consistent with the submitted scope of work.
Program Contacts
Lynda Ransley
LHWMP Program Director
150 Nickerson Street, Suite 204
Seattle, WA 98109
206-263-8241
lynda.ransley(.&kin cg ounty ov
Tracee Mayfield
LHWMP Contract Administrator
401 Fifth Avenue, Suite 1100
Seattle, WA 98104
206-263-8487
paul.shallow(a�kin cg ounty.gov
EXHIBIT B
2018 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
City of Renton
1055 South Grady Way
Renton, WA 98057
Component Description
2018 Budget
Total
Task 1 — Collection
$8,000.00
$8,000.00
Task2 - Strategic Planning
$46,111.12
$46,111.12
Task 3 - LHWMP Committees / Work Groups
$12,000.00
$12,000.00
TOTAL
$66,111.12
$66,111.12
City of Renton
Public H_ea_lt_h
Seattlem& King County LQ
INVOICE
Contract Number: 2666
Exhibit:C
Contract Period of Performance: 1/: 1/1/18-12/31/18
City of Renton
1055 South Grady Way
Renton, WA 98057
Invoice Processing Contact: Linda Knight
(206) 430-7397
[knight@renton.gov
Submit signed invoice to:
Tracee Mayfield
LHWMP
Public Health - Seattle & King County
401 5th Ave., Suite 1100
Seattle, WA 98104
tracee.mayfield@kingcounty.gov
Invoice for services rendered under this
contract for the period of:
ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING
Start End
Date Date
MM/DD/YY
Project Organization Expend Acct Task Award DPH Acct CPA CFDA Amount
1114016 56000 53105 001 na
Attach sheet for multiple POETAs
Direct Costs Budget Previously Billed Current Cumulative Balance ,-
Task 1-Collection $ 8,000.00
Task 2 -Strategic Planning $ 46,111.12
Task 3 - LHWMP Committil $ 12,000.00
Total $ 66,111.12
.Amount Du
I, the undersigned, do hereby certify under the laws of the State of Washington penalty of perjury, that this is a true and correct claim for reimbursement services rendered. I understand that
any false claims, statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws. This certification includes any attachments which serve
as supporting documentation to this reimbursement request.
Subrecipient Signed
Date
PH Authorization / Approval
Print Name
'Far.PWli1cHealthVseOnty
Received Entered CM/PM Review FM Review Official Copy Rcvd
Date
Initial
Date