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HomeMy WebLinkAbout011011_ca02 Consent Agenda JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street. Port Townsend. Washington. 98368 www.jeffersoncountypublichealth.org '-----uecemDer 14, 2010 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Health Director Tami Pokorny, Environmental Health Specialist DATE: January 10, 2011 SUBJECT: Agenda Item - Professional Services Agreement - Brisa Services; August 1, 2010 - June 30, 2011; $5,400 STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, is requesting Board approval of the Professional Services Agreement - Brisa Services; August 1, 2010 - June 30, 2011; $5,400 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This professional services agreement provides for the services of preparing meeting minutes for WRIA 17 Planning Unit Phase 4 - QuilcenejSnow Watershed Implementation. The contractor will attend one or two 2-hour meetings per month and prepare minutes from discussions and recommendations from the meeting. FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for this contract is provided through the Department of Ecology, Water Quality Grant #G0700097, Phase 4 Watershed Implementation. RECOMMENDATION: JCPH management request approval of the Professional Services Agreement - Brisa Services; August 1, 2010 - June 30, 2011; $5,400 REVIEWED BY: \ '---J [' L"''/...~-A-/ -"\- - I PhilipMOrley, C~nty Ad~inistr~tor Date / ,,/;/ COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAl N. (360) 385-9400 FAX (360) 385-9401 PUBLIC HEALTH HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER OUALlTY MAIN (360) 385-9444 FAX (360) 379-4487 PROFESSIONAL SERVICES AGREEMENT Between JEFFERSON COUNTY And BRISA SERVICES, INC. This Agreement is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County" and Brisa Services, Inc., hereinafter referred to as "the Contractor" in consideration of the mutual benefIts, terms, and conditions hereinafter specified. Section t. Section 2. Section 3. Section 4. Designation The County, on behalfo[the Jefferson County Public Health, acting in compliance under the Contract with Brisa Services, Inc. in agreement with the terms and conditions of the Statement of Work hereby contracts with the Contractor who will perform duties as described in Exhibit A. Term This Agreement shall commence on August 1, 2010 and continues through June 30, 2011 unless terminated as provided herein. The agreement may be extended beyond June 30, 2011 upon mutual written consent of the County and the Contractor. Scope of Agreement The Contractor agrees to perform the services, identified on Exhibit A. A. The Contractor supports the Jefferson County Public Ilealth department program goals and objectives. B. The specific duties of the Contractor arc outlined in Exhibit A. C. The Contractor shall provide reporting detailed in Section 10. Compensation The Contractor shall be paid by the County [or completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Contractor shall be invoiced at the rate of$35.00 per hour. This contract shall not exceed $5,400 in the completion of this project without a written amendment signed by both parties to this Agreement. Section 5. Section 6. B. The Contractor may submit invoices to the County for work completed to date. The County will review such invoices, and upon approval thereof, payment will be made to the Contractor in the amount approved. C. County will make final payment of any balance due the Contractor promptly upon its ascertainment and verification after the completion of the work under this Agreement and its acceptance by the County. D. Contractor 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. E. Ownership and use of documents. The Contractor acknowledges and agrees that any and all work product directly connected and/or associated with the services rendered hereunder, including but not limited to all documents, drawings, specifications, writings, samples, reports, pictures and the like which the Contractor drafts, makes, conceives, develops in the performance of the service hereunder, either solely and/or jointly with the County shall be the sole and exclusive property of the County. The Contractor further acknowledges that such material shall be considered work for hire and the Contractor acknowledges the County's sole and exclusive right to such copyright, patent, trademarks, trade names and other intellectual property right claims for said materials. Other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the County whether the projects for which they are made are executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings, writings, samples, reports, and specifications for information, reference, and use in connection with Contractor endeavors. The Contractor agrees not to publish, submit for publication, display or otherwise use said material for any reason whatsoever. without the express written consent of the County. Compliance with laws The Contractor shall, in perfom1ing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and loeallaws, ordinances and regulations, applicable to the services to be rendered under this Agreement. Contractor will properly dispose of any information, which is no longer needed or has been converted to another media. JetTerson County Public Health may audit Contractor's access to and use of conlidential information at any time or on an ongoing basis. Indemnification The Contractor shall indemnify, defend and hold harmless the County, its officers. agents and employees, from and against any and all claims, lawsuits, demands for money damages, losses or liability, or any portion thereof, including attorney's 2 fees and costs, arising from any injury to person or persons (including the death or injury of the Contractor or damage to personal property) if said injury or damage was caused by the negligent acts or omissions ofthe Contractor. Section 7. Insurance The Contractor shall obtain and keep in force during the terms of the Agreement, or as otherwise required A. The Contractor shall participate in the Worker's Compensation and Employer's Liability Insurance Program as may be required by the State of Washington. B. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all ovmed and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $300,000 each occurrence. Section 8. Independence The Contractor and the County agree that the Contractor is an independent Contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship 01' employer and employee between the parties hereto. The Contractor shall not be entitled to any benefits accorded County employees by virtue 01' the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or Cor contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to employee. Section 9. Assignments and Subcontracting The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Section 10. Reporting The Contractor will provide a report to the County for payment for services rendered quarterly. The report shall contain a brief summary of the work performed, relationship to the tasks identified in Exhibit A. The report shall be submitted to .Jefferson County Public IIealth in care of the Financial Manager, 615 Sheridan Street, Port Townsend, WA 98368. Section 11. Termination A. The County reserves the right to terminate this contract in whole or in part, without prior written 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. 3 B. This Agreement may also be terminated as provided below: ]. With 14 days' notice by the Board of County Commissioners (or their designate) for non-performance of the specific job duties listed in Exhibit A. Contractor may cure the default or non-performance during the 14 days that notice of termination is pending. 2. With 14 days' notice by the Contractor by voluntary resignation. Section 12. Moditication This Professional Services Agreement may be modified at any time by written agreement of all parties Section 13. 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 ""ritten or oral, between the parties. This Agreement may be amended only by written instrument signed by both County and Contractor. Approved this __ day of BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON ,2011. David Sullivan, Chairperson ; ,;. ( -' ':-"')ii. .~-~ \<llJJ Brisa erviees, Inc. ,i fl' .v,., , . "," f., . _ : L !,!/ .fD i ---1 . i' ,.:.~ ~C:~.1~_:' :r/ . ! 'j ATTEST: Clerk of the Board 4 EXHIBIT A STATEMENT OF WORK Brisa Services, Inc. I. WORK STATEMENT Contractor shall perform the following duties to the satisfaction of Jefferson County Public Health. Contractor will attend two 2-hour meetings per month of the WRIA 17 Planning Unit, except when unavoidable due to health or prior arrangement, and prepare detailed dralt minutes and make an audio recording of each meeting. Dralt minutes will be revised if necessary as directed by committee members and staff. The dralt minutes will be delivered to staff"within 7 days. 5