HomeMy WebLinkAboutCONSENT EPL Services Little River 615 Sheridan Street
Port Townsend, WA 98368
Afefison www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters, County Administrator
FROM: Pinky Mingo, Environmental Public Health Director
DATE: 414 cL/(0- (t, 2(? )
SUBJECT: Agenda item — Little River Enterprises, Sole Source Contract; July 1, 2025 to
June 30, 2026; not to exceed $10,000
STATEMENT OF ISSUE:
Jefferson County Public Health is seeking approval for a sole source contract with Little River Enterprises to
build several essential Crystal Reports using data extracted from the EPL Permitting Software database that
will facilitate meeting state of Washington Department of Health reporting requirements.
The Sole Source Contract is for Tom Shindler of Little River Enterprises who has worked closely with staff in
Jefferson County, in both Public Health and Department of Community Development. Little River has unique
experience and extensive knowledge of the On-Line RME database and the EPL database. The contract is
from July 1, 2025 to June 30, 2026 and shall not exceed $10,000.
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
Jefferson County Public Health has several complex reports and database configuration that need completing.
Little River has been working with county since approximately 2006 and assisted the county with several
reports since the transition from TideMark.
Mr. Shindler, through Little River Enterprises, has been instrumental in assisting staff in migration and report
building. He also has extensive experience On-line RME Septic Monitoring Programs that will interface with
EPL. Mr. Shindler will use Crystal Reports to convert, create, debug, and enhance the templates for reports
and forms that County staff still need. A sole source procurement process was used for selecting Little River
Enterprises because Mr. Shindler is uniquely qualified, and his services through Little River Enterprises are
essential to the County's successful implementation of EPL.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The funds to pay for this work come from the fee adopted by the Board of Health on November 3, 2016 to
support the Septic Operations and Monitoring Program activities that include Jefferson County Staff
assistance to homeowners to learn about monitoring and maintaining their septic system and how to inspect
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
EH-25-039
and report the results as required by JC Code 8.15 and WAC246-272A and from Foundation Public Health
Service (FPHS) funds.
RECOMMENDATION:
JCPH management requests approval of the Sole Source Contract with Little River Enterprises; July 1, 2025
through June 30, 2026, not to exceed $10,000.
REVIEWED BY:
D -e7h44 I/519,s--
Josh 'eters, County Administrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
Always working for a safer and healthier community
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Little River Enterprises Contract No: EH-25-039
Contract For: Database Services Term: 7/1/2025 - 6/30/2026
COUNTY DEPARTMENT: Public Health/Environmental Health
Contact Person: Pinky Mingo
Contact Phone: #476
Contact email: pmingo@co.jefferson.wa.us
AMOUNT: $10,000 PROCESS: _ Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $10,000 Competitive Sealed Bid
Matching Funds Required: — Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # 127 RFP or RFQ
Munis Org/Obj 12756210 ✓ Other: Sole source
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH-JC ' •'080 AND CHAPTER 42.23 RCW.
CERTIFIED: ri N/A: June 30, 2025
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ri N/A: � ��_— 'v June 30, 2025
Signature' Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 7/10/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 7/10/2025.
Standard County PSA.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
PROFESSIONAL SERVICES AGREEMENT
Between
JEFFERSON COUNTY
And
LITTLE RIVER ENTERPRISES
THIS PROFESSIONAL SERVICES AGREEMENT("this Agreement")is entered into between
the County of Jefferson, a municipal corporation("the County"), and Little River Enterprises
("the Contractor"), in consideration of the mutual benefits,terms, and conditions specified
below.
1. Project Designation. The Contractor is retained by the County to perform the
following Project: provide support for database administration, coordination of
mapping with permit data and software, coordination with other county database
systems with permit database.
2. Scope of Services. Contractor agrees to perform the services identified on Exhibit
"A"attached hereto including the provision of all labor.
3. Time for Performance. This Agreement shall commence on July 1, 2025 and
continue through December 31,2025, unless terminated as provided herein. This
Agreement may be extended by mutual written amendment, executed by both parties,
not to extend past June 30, 2026 after which a new procurement and Agreement must
be used. Work performed consistent with this Agreement during its term,put prior to
the adoption of this Agreement, is hereby ratified. The Contractor shall perform all
services pursuant to this Agreement as outlined on Exhibit"A". Time is of the
essence in the performance of this Agreement.
4. Payment. The Contractor shall be paid by the County for completed work and for
services rendered under this Agreement as follows:
a. Payment for the work provided by Contractor shall be made as provided on
Exhibit`B"attached hereto,provided that the total amount of payment to
Contractor shall not exceed$10,000 without express written modification of the
Agreement signed by the County.
b. Invoices must be submitted quarterly by the 10th of the following month for the
previous quarter's expenses. Such invoices will be checked by the County, and
upon approval thereof,payment will be made to the Contractor in the amount
approved. Failure to submit timely invoices and reports pursuant to Exhibit B of
the Agreement may result in a denial of reimbursement. Invoices not submitted
within 90 days may be denied.
c. Final payment of any balance due the Contractor of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 1 of 11
EH-25-039
the completion of the work and submittal of reports under this Agreement and its
acceptance by the County.
d. Contractor shall provide invoices and necessary backup documentation for all
services including timesheets and statements(specifying the services provided).
Any indirect charges require the submittal of an indirect cost methodology and
rate using 2 C.F.R. Part 255 and 2 C.F.R. Part 230.
e. The Contractor's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the County and state for a period of
six(6)years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All non-confidential or de-identified documents,
drawings, specifications, and other materials produced by the Contractor in
connection with the services rendered under this Agreement shall be the property of
the County whether the project for which they are made is executed or not. The
Contractor shall be permitted to retain copies, including reproducible copies, of
drawings and specifications for information,reference and use in connection with
Contractor's endeavors. Contractor shall not be held liable for reuse of documents or
modifications thereof, including electronic data,by County or its representatives for
any purpose other than the intent of this Agreement.
6. Compliance with Laws. Contractor shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state,and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
7. Audit. An audit will be submitted to the County upon request. Upon request,
Contractor will submit the most recent financial audit within 30 days.
a. Upon request the County shall have the option of performing an onsite review of
all records, statements, and documentation.
b. If the County finds indications of potential non-compliance during the monitoring
process,the County shall notify Contractor within ten(10) days. County and
Contractor shall meet to discuss areas of contention in an attempt to resolve
issues.
c. Audit will provide statements consistent with the guidelines of Reporting for
Other Non-Profit Organizations AICPA SOP 78-10,and is performed in
accordance with generally accepted auditing standards and with Federal Standards
for Audit of Governmental Organizations, Programs,Activities and Functions,
and meeting all requirements of 2 C.F.R. Part 200, as applicable.
8. Indemnification. The Contractor shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities)
harmless from any claims, injuries, damages, losses or suits, including attorney's fees,
arising out of or resulting from the acts, errors or omissions of the Contractor in
performance of this Agreement, except for injuries and damages caused by the sole
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 2 of 11
negligence of the County. Should a court of competent jurisdiction determine this
Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the County, its officers, officials,
employees, agents and volunteers (and their marital communities)the Contractor's
liability, including the duty and cost to defend, shall be only for the Contractor's
negligence. It is further specifically understood that the indemnification provided
constitutes the Contractor'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. This section shall survive the expiration or termination of
this Agreement.
9. Insurance. Prior to commencing work,the Contractor shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such
coverage in force during the terms of the Agreement.
a. Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the
performance of the work for a combined single limit of not less than$200,000
each occurrence. Contractor shall provide a copy of the current Certificate of
Insurance showing the coverage and limits. An automobile is not used in the
performance of the duties identified in the scope of work. Transportation is
strictly to the Jefferson County Offices in the Contractors personal vehicle to
fulfill the contracted work.
10. Worker's Compensation(Industrial Insurance).
a. If and only if the Contractor employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Contractor,the Contractor shall maintain
workers' compensation insurance at its own expense, as required by Title 51
RCW, for the term of this Agreement and shall provide evidence of coverage to
Jefferson County Public Health,upon request.
b. Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own
worker's compensation and employer's liability insurance.
d. The Contractor expressly waives by mutual negotiation all immunity and
limitations on liability, with respect to the County,under any industrial insurance
act, disability benefit act, or other employee benefit act of any jurisdiction which
would otherwise be applicable in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall be recoverable from the Contractor.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 3 of 11
11. Independent Contractor. The Contractor and the County agree that the Contractor is
an independent contractor with respect to the services provided pursuant to this
Agreement. The Contractor specifically has the right to direct and control
Contractor's own activities, and the activities of its subcontractors, employees,
agents,and representatives, in providing the agreed services in accordance with the
specifications set out in this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties.
Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded County employees by virtue of the services provided under this Agreement,
including,but not limited to: retirement, vacation pay; holiday pay; sick leave pay;
medical, dental,or other insurance benefits; fringe benefits; or any other rights or
privileges afforded to Jefferson County employees. The County shall not be
responsible for withholding or otherwise deducting federal income tax or social
security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to Contractor, or any employee of
Contractor.
12. Subcontracting Requirements.
a. The Contractor is responsible for meeting all terms and conditions of this
Agreement including standards of service, quality of materials and workmanship,
costs, and schedules. Failure of a subcontractor to perform is no defense to a
breach of this Agreement. The Contractor assumes responsibility for and all
liability for the actions and quality of services performed by any subcontractor.
b. Every subcontractor must agree in writing to follow every term of this
Agreement. The Contractor must provide every subcontractor's written
agreement to follow every term of this Agreement before the subcontractor can
perform any services under this Agreement. The Public Health Director or their
designee must approve any proposed subcontractors in writing.
c. Any dispute arising between the Contractor and any subcontractors or between
subcontractors must be resolved without involvement of any kind on the part of
the County and without detrimental impact on the Contractor's performance
required by this Agreement.
13. Covenant Against Contingent Fees. The Contractor warrants that he has not
employed or retained any company or person, other than a bona fide employee
working solely for the Contractor,to solicit or secure this Agreement, and that he has
not paid or agreed to pay any company or person, other than a bona fide employee
working solely for the Contractor, any fee, commission,percentage, brokerage fee,
gifts, or any other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty,the County shall
have the right to annul this Agreement without liability or, in its discretion to deduct
from the contract price or consideration,or otherwise recover,the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
14. Discrimination Prohibited. The Contractor, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race,color,national
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 4 of 11
origin,religion, creed, age, gender, sexual orientation, material status, sex, or the
presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
15.No Assignment. The Contractor shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the County. Assignment
does not include printing or other customary reimbursable expenses that may be
provided in an agreement.
16.Non-Waiver. Waiver by the County of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
17. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving
ten(10) days written notice to the Contractor.
b. In the event of the death of a member,partner, or officer of the Contractor, or any
of its supervisory personnel assigned to the project,the surviving members of the
Contractor hereby agree to complete the work under the terms of this Agreement,
if requested to do so by the County. This section shall not be a bar to
renegotiations of this Agreement between surviving members of the Contractor
and the County, if the County so chooses.
c. The County reserves the right to terminate this contract in whole or in part,with
10 days' notice, in the event that expected or actual funding from any funding
source is withdrawn, reduced, or limited in any way after the effective date of this
agreement. In the event of termination under this clause, the County shall be
liable for only payment for services rendered prior to the effective date of
termination.
18. Notices. All notices or other communications which any party desires or is required
to give shall be given in writing and shall be deemed to have been given if hand-
delivered, sent by facsimile, email, or mailed by depositing in the United States mail,
prepaid to the party at the address listed below or such other address as a party may
designate in writing from time to time. Notices to the County shall be sent to the
following address:
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
Notices to Contractor shall be sent to the following address:
Little River Enterprises
3492 Little River Road
Port Angeles, WA 98363
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 5 of I I
19. Integrated Agreement. This Agreement together with attachments or addenda
represents the entire and integrated Agreement between the County and the
Contractor and supersedes all prior negotiations, representations, or agreements
written or oral. No representation or promise not expressly contained in this
Agreement has been made. This Agreement supersedes all prior or simultaneous
representations, discussions,negotiations, and agreements, whether written or oral,by
the County within the scope of this Agreement. The Contractor ratifies and adopts all
statements, representations,warranties, covenants, and agreements contained in its
proposal, and the supporting material submitted by the Contractor, accepts this
Agreement and agrees to all of the terms and conditions of this Agreement.
20. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
21. Disputes. The parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any disputed issue not resolved
pursuant to the terms of this Agreement shall be submitted in writing within 10 days
to the County Risk Manager, whose decision in the matter shall be final,but shall be
subject to judicial review. If either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this Agreement, each party in
such action shall bear the cost of its own attorney's fees and court costs. Any legal
action shall be initiated in the Superior Court of the State of Washington for Jefferson
County. The parties agree that all questions shall be resolved by application of
Washington law and that the parties have the right of appeal from such decisions of
the Superior Court in accordance with the laws of the State of Washington. The
Contractor hereby consents to the personal jurisdiction of the Superior Court of the
State of Washington for Jefferson County.
22. Section Headings. The headings of the sections of this Agreement are for
convenience of reference only and are not intended to restrict, affect,or be of any
weight in the interpretation or construction of the provisions of the sections or this
Agreement.
23. Limits of Any Waiver of Default. No consent by either party to, or waiver of,a
breach by either party, whether express or implied, shall constitute a consent to,
waiver of, or excuse of any other, different, or subsequent breach by either party.
24.No Oral Waiver. No term or provision of this Agreement will be considered waived
by either party, and no breach excused by either party, unless such waiver or consent
is in writing signed on behalf of the party against whom the waiver is asserted.
Failure of a party to declare any breach or default immediately upon the occurrence
thereof, or delay in taking any action in connection with, shall not waive such breach
or default.
25. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to
any person or circumstance shall be invalid, illegal, or unenforceable to any extent,
the remainder of this Agreement and the application this Agreement shall not be
affected and shall be enforceable to the fullest extent permitted by law.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 6 of 11
26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon
and inure to the benefit of the parties' successors in interest, heirs, and assigns.
27.No Assignment. The Contractor shall not sell, assign, or transfer any of rights
obtained by this Agreement without the express written consent of the County.
28.No Third-party Beneficiaries. The parties do not intend,and nothing in this
Agreement shall be construed to mean,that any provision in this Agreement is for the
benefit of any person or entity who is not a party.
29. Signature in Counterparts. The parties agree that separate copies of this Agreement
may be signed by each of the parties and this Agreement shall have the same force
and effect as if all the parties had signed the original.
30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
31. Arms-Length Negotiations. The parties agree that this Agreement has been
negotiated at arms-length,with the assistance and advice of competent, independent
legal counsel.
32. Public Records Act. Notwithstanding the provisions of this Agreement to the
contrary,to the extent any record, including any electronic, audio,paper or other
media, is required to be kept or indexed as a public record in accordance with the
Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended,
the Contractor agrees to maintain all records constituting public records and to
produce or assist the County in producing such records,within the time frames and
parameters set forth in state law. The Contractor further agrees that upon receipt of
any written public record request, Contractor shall, within two business days,notify
the County by providing a copy of the request per the notice provisions of this
Agreement.
33. Confidentiality. With respect to all information relating to County that is confidential
and clearly so designated, as required by the Health Insurance Portability and
Accountability Act(HIPAA) and any other applicable privacy laws,the Contractor
agrees to keep such information confidential. The Contractor shall not disclose,
transfer, or sell any such information to any party, except as provided by law or, in
the case of personal information,with the prior written consent of the person to whom
the personal information pertains. The Contractor shall maintain the confidentiality
of all personal information and other information gained by reason of this Agreement,
and shall return or certify the destruction of such information if requested in writing
by Jefferson County. This Agreement, once executed,will be a"public record"
subject to production to a third party if same is requested pursuant to• the Washington
Public Records Act, Chapter 42.56 RCW, as may hereafter be amended.
34. Criminal History/Background Check. Each of the Contractor's employees,the
employees of any of the Contractor's approved subcontractor, or volunteers used by
the Contractor shall submit to a Washington State Patrol fingerprint identity and
criminal history check before they are authorized to perform services for the Project.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 7 of 11
The County agrees to bear all reasonable costs incurred in the performance of this
fingerprint identity and criminal history check. Contractors who may or will have
regular access or limited access to any juveniles shall also:
a. Require that each of the Contractor's employees, the employees of any of the
Contractor's approved subcontractor, or volunteers used by the Contractor
undergo not less often than once every three (3) years another Jefferson County
approved criminal history and background check;
b. Ensure all employees, subcontractors, or volunteers are knowledgeable about the
requirements of RCW 13.40.570 and of the new crimes included in RCW 9A.44,
Sexual Offense;
c. Sign the Contractor Requirements for Responding to Situation of Sexual
Misconduct Form, and shall submit to Jefferson County with signed Agreement.
APPROVED AND ADOPTED this day of , 2025.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 8 of 11
SIGNATURE PAGE
JEFFERSON COUNTY WASHINGTON LITTLE RIVER ENTERPRISE
Board of County Commissioners
Jefferson County, Washington /
/ J l
By: By: (
Heidi Eisenhour, Chair Tom Shindler, Owner
By: Date: 3 C , Z 2-5-
Greg Brotherton, Commissioner
By:
Heather Dudley-Nollette, Commissioner
SEAL:
ATTEST:
Carolyn Gallaway,
Clerk of the Board
Approved as to form only:
for 07/10/2025
Philip C. unsucker, Date
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 9 of 11
Exhibit A
STATEMENT OF WORK
This statement establishes the scope of services for the Contractor.
1. Provide support for Tyler EPL (formerly known as EnerGov) database administration.
2. Coordinate with Jefferson County Information Services department to meet user
department data needs.
3. Develop and edit reports with Crystal Reports for use with EPL and other permit-related
data sources. Including:
a. Report Creation
b. Report setup in EPL
c. Integrating reports into EPL Workflow
d. Creating and modifying custom database elements to support reporting needs
(e.g. database views and stored procedures)
4. Develop and manage custom data elements and processes (e.g. database views and
stored procedures)to support functionality not directly enabled by EPL, including data
integration with outside data sources (e.g. Septic Inspection, GIS)
5. Assist and advise on processes and procedures related to permitting workflow and
automation for the EPL database.
6. Provide professional expertise to assist in solving problems related to permitting and
data
7. Document support structures and processes developed for both EPL's native tools and
structure, and custom tools and structures, as well as solutions to specific problems.
8. Provide Training as needed from areas of expertise.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 10 of 11
Exhibit B
PAYMENT AND RECORD KEEPING
Payment for the work provided by the Contractor shall be invoiced at the rate of$90/hour.
In the event that expected or actual funding from any funding source is withdrawn,reduced,
or limited in any way after the effective date of the Contract,the Contract may be
renegotiated or terminated as provided herein.
The Contractor will provide an invoice to the County for payment for services rendered
quarterly.
Invoices shall contain the hours worked and will briefly describe the work performed in
furtherance of the Statement of Work made Exhibit A to the Contract. As identified in the
contract the total amount shall not exceed $15,000 unless amended in writing. The invoice
represents a report and shall be submitted to Jefferson County Public Health,615 Sheridan
Street,Port Townsend, WA 98368.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 11 oft 1