HomeMy WebLinkAboutCAG2021-012 - Original - King County Solid Waste Division - Hazardous Waste Management Program (HWMP) Grant - 01/01/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
January 12, 2021
1
COMMUNITY SERVICES
AGREEMENT –
OTHER GOVERNMENT
PHSKC Agreement #
6107 EHS
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
City of Kent
RECIPIENT FEDERAL TAX ID #
91-6001254
RECIPIENT ADDRESS
220 4th Ave. S, Kent, WA 98032-5895
RECIPIENT CONTACT & EMAIL ADDRESS
Tony Donati; tdonati@kentwa.gov
PHSKC DIVISION
EHS
PROJECT TITLE
Local Hazardous Waste Management Program
AGREEMENT START DATE
January 01, 2021
AGREEMENT END DATE
December 31, 2022
AGREEMENT MAXIMUM AMOUNT
89,018.22
FUNDING DETAILS
Funding Source PHSKC Contract # Amount Effective Dates
King County Local
Hazardous Waste
Management Program
NA $89,018.22 Jan 01 2021 TO Dec 31 2022
FUNDING SUMMARY
FEDERAL: $0.00 COUNTY: $89,018.22 STATE: $0.00 OTHER: $0.00
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 template.
In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the
parties hereto, the parties mutually agree that the Recipient shall provide services and comply with the requirements set
forth in this Agreement. The parties signing below represent that they have read and understand this Agreement, and
have the authority to execute this Agreement. Furthermore, in addition to agreeing to the terms and conditions provided
herein, by signing this Agreement, the Recipient certifies that it has read and understands the Agreement requirements
on the PHSKC website (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the Agreement
terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as
applicable.
RECIPIENT SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
PHSKC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
This form is available in alternate formats for people with disabilities upon request.)
Dana Ralph, Mayor January 13, 2021
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1/21/2021
Deputy Director, Environmental Health Services Division
Dylan Orr
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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.
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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.If the signature date of this Agreement occurs after the Start Date listed on page 1, the
Recipient may seek compensation for activities performed as of the Start Date, provided that
such activities and expenses are identified in the Scope of Work and Budget and that such
compensation is compliant with all other terms of this Agreement.
E.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.
F.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.
G.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
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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 Accountability 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
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7.Audits
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
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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,
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.
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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.E., 2.G., 3, 4, 5, 6, 10.A., 10.B., 10.G., 12, 13, 14, 15,
16, 17, 23, 24, 27, 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
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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.
15.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
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unless stated to be such through written approval by the County, which shall be attached to the
original Agreement.
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.
25.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.Counterparts and Signatures by Fax or Email
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement. Further, upon executing this
Agreement, either party may deliver the signature page to the other by fax or email and that
signature shall have the same force and effect as if the Agreement bearing the original signature
was received in person.
27.No Third Party Beneficiaries
DocuSign Envelope ID: D5DD70FC-8D1B-4392-8652-DA7F1DAA023F
10
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
DocuSign Envelope ID: D5DD70FC-8D1B-4392-8652-DA7F1DAA023F
City of Kent 1
Agreement # 6107 EHS
EXHIBIT A
SCOPE OF WORK
CITY OF KENT
1/1/2021-12/31/2022
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 Public Health –
Seattle and King County) 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 Public Health – Seattle and King County with
respect to the transfer of Program monies.
Scope of Work
The City of Kent will organize six citywide household hazardous waste collection and recycling
events. At these events the following materials will be collected and recycled: batteries, CFC
appliances, propane and other hazardous materials if determined to be appropriate by the City
and the Program’s Contract Administrator.
If an event occurs outside of the City’s control that prevents a hazardous waste collection event
from occurring, the City will notify the Program’s Contract Administrator. Upon agreement by
both parties, the City may opt to provide hazardous waste education instead of the collection
event.
One city staff member will also staff LHWMP committees and/or workgroups.
Responsibilities of the Parties
The City
1.The City shall develop and submit project proposals and budget requests to the Program’s
Contract Administrator. Funds provided to the City by the Program pursuant to this
Agreement shall be used to implement hazardous waste programs and/or services as
approved by the MCC.
2.The City shall submit timely reimbursement requests as negotiated with the Contract
Administrator. For reimbursement, the City shall submit the following to the Contract
Administrator:
DocuSign Envelope ID: D5DD70FC-8D1B-4392-8652-DA7F1DAA023F
City of Kent 2
a)An invoice (see Exhibit C). Invoices should be sent to the Contract
Administrator for approval and payment.
b)A brief description of activity accomplished and funds expended in
accordance with the scope of work.
c)Copies of invoices for expenditures or a financial statement prepared by the
City’s finance department. The financial statement should include vendor
names, a description of services provided, date paid and a check or warrant
number.
d)A legible copy of the Hazardous Waste Manifest.
3.The City shall submit to the Contract Administrator no later than December 5th of each year a
final invoice or estimate for activities completed in that calendar year.
4.It is the responsibility of the City to comply with all applicable county, state and/or federal
reporting requirements with respect to the collection and transfer of moderate risk wastes.
The City shall report to the Contract Administrator the quantity, by type, of moderate risk
waste collected using Program funds. The City shall also provide the Contract Administrator
with copies of EPA’s Non-Hazardous Waste Manifest or similar form, associated with the
transport of moderate risk waste collected through Program-funded events.
5.The City is solely responsible for any and all spills, leaks or other emergencies arising at the
facilities associated with the City’s events or in any other way associated with activities
conducted within the scope of this Agreement. In the event of a spill or other emergency, the
City is responsible for complying with all applicable laws and regulations.
6.The City agrees to appropriately acknowledge the Program in all media produced – in part or
in whole – with Program funds. 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.
7.The City agrees to provide the Program with copies of all media material produced for local
hazardous waste management events or activities that have been funded by the Program. The
City also agrees to allow the Program to reproduce media materials created with Program
money provided that the Program credits the City as the originator of that material.
8.This project shall be administered by Tony Donati at the City of Kent, 220 Fourth Ave. S,
Kent at (253) 856-5589, (tdonati@kentwa.gov) or his 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 LHWMP 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
Agreement, the transfer of Program funds to the City for hazardous waste management
events and activities.
2.Within ten (10) working days of receiving a request for reimbursement from the City,
the 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
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City of Kent 3
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 Joy Carpine-Cazzanti
LHWMP Program Director LHWMP Contract Administrator
201 S Jackson Street, Suite 600 401 Fifth Ave., Suite 1100
Seattle WA 98104 Seattle WA 98104
206-263-8241 206-263-0365
lynda.ransley@kingcounty.gov jcarpine@kingcounty.gov
DocuSign Envelope ID: D5DD70FC-8D1B-4392-8652-DA7F1DAA023F
City of Kent
Agreement # 6107 EHS
EXHIBIT B
2021-2022 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
City of Kent
220 Fourth Ave. S
Kent, WA 98032
Component Description 2021-2022 Budget Total
Household Hazardous
Waste Activities
85,018.22 $85,018.22
City Staffing to LHWMP
Committees and/or
Workgroup
4,000.00 $4,000.00
TOTAL $89,018.22 $89,018.22
Footnote: The 2021-2022 budget can be partly or totally spent in either 2021 and/or 2022 but
cannot exceed the budget total in these two years.
DocuSign Envelope ID: D5DD70FC-8D1B-4392-8652-DA7F1DAA023F
ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING
Purchase Order
Supplier Name City of Kent
Agreement 6107 EHS Supplier 1585
Exhibit C Supplier Pay Site FOURTH AVE S
Period of Performance:1/1/21 12/31/22 Remit to Address 220 4th Ave S
Kent WA 98032 5895
Invoice Date
Invoice
Amount to be Paid
PH Program name/phone
jcarpine@kingcounty.gov Start End
Date Date
MM/DD/YY
Project
1114016
Materials and quantities collected:
Gallons of motor oil
Number of motor oil filters
Gallons of mixed fuel
Gallons of antifreeze
Pounds of lead acid batteries
Pounds of dry batteries
Number of CFC aplliances
Other please specify)
Recipient Signed Date PH Authorization Approval Date
Print Name
89,018.22
Attach sheet for multiple POETAs
Expenditure Item
89,018.22
INVOICE
City of Kent
220 4th Ave S
Kent WA 98032 5895
Invoice Processing Contact:Tony Donati
253)856 5589
tdonati@kentwa.gov
Joy Carpine Cazzanti
Local Hazardous Waste Management Program
Task
Current
401 5th Ave.,Suite 1100
Seattle,WA 98104
Invoice for services rendered under this
Agreement for the period of:
Organization
860000
Kristin Painter 206)477 5470
Submit signed hardcopy invoice to:
Expend Acct CPA
00153105
Amount
King County Accounts Payable Information
Public Health Seattle King County
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.
Total
2019 20 Budget Previously Billed Cumulative Balance
85,018.22
4,000.00
85,018.22
4,000.00StaffingHazWCommittees
HHW Activities
January 13, 2021
Dana Ralph, Mayor
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Salaries Wages List by Employee Hours Rate of Pay/Hr Budget Previously
Billed
Current
Expenditure
Cumulative
Previous
Current)
Balance Budget
less Cumulative)
Subtotal $
Fringe Benefits Base Rate Budget Previously
Billed
Current
Expenditure
Cumulative
Previous
Current)
Balance Budget
less Cumulative)
Subtotal $
Consultant Costs Itemize by consultant
below
Unit of measure Rate Budget Previously
Billed
Current
Expenditure
Cumulative
Previous
Current)
Balance Budget
less Cumulative)
Subtotal $
Supplies Please detail below Budget Previously
Billed
Current
Expenditure
Cumulative
Previous
Current)
Balance Budget
less Cumulative)
Subtotal $
Travel Budget Previously
Billed
Current
Expenditure
Cumulative
Previous
Current)
Balance Budget
less Cumulative)
In State Travel Total of Miles Rate
Out of State Travel #of People Rate
Per Diemand Lodging #of People #of Units Unit Cost
Subtotal $
Other Costs Please detail below Budget Previously
Billed
Current
Expenditure
Cumulative
Previous
Current)
Balance Budget
less Cumulative)
Subtotal $
Overhead Costs Please detail below Budget Previously
Billed
Current
Expenditure
Cumulative
Previous
Current)
Balance Budget
less Cumulative)
Subtotal $
Budget Previously
Billed
Current
Expenditure
Cumulative
Previous
Current)
Balance Budget
less Cumulative)
Direct Costs Total $
Grand Total $
Notesregarding this Invoice
INVOICE DETAIL
DocuSign Envelope ID: D5DD70FC-8D1B-4392-8652-DA7F1DAA023F