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HomeMy WebLinkAbout021312_ca05 Department of Public Works o Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners Philip Morley, County Administrator Frank Gifford, Public Works Director ~); To: Agenda Date: Subject: February 13, 2012 Professional Services Agreement with AlVilla Ohlde, AjO Consulting Exploratory Regional Parks and Recreation Consultant Services Statement of Issue: This is a new Professional Services Agreement with AlVilla Ohlde of AjO Consulting, to continue to provide data gathering, needs assessment, funding alternatives and future strategies and other related services for the Exploratory Regional Parks and Recreation Committee (ERPRC) meeting process in 2012. Analysis/Strategic GoalslPro's 8: Con's: This project was developed to actively collaborate on identifying and evaluating options for sustainable and coordinated service delivery and funding for recreation fadlities and services in Jefferson County and the City of Port Townsend. This is a continuation of an existing contract for a successful project. Fiscal Impact/Cost Benefit Analysis: The contract maximum amount payable is $16,000. Funding is provided by Jefferson County and the City of Port Townsend Proposition One funding per the Interlocal Agreement concerning Sales Tax Ballot Measure approved by Jefferson County on September 13, 2010. Recommendation: The Board is asked to sign the three originals, and return two to Public Works. Department Contact: Matt Tyler 385-9129 Reviewed By: zh4 Date PROFESSIONAL SERVICES AGREEMENT FOR Exploratory Regional Parks and Recreation Committee Consnltant Services TIllS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and Arvilla OhIde, AjO Consulting, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Desi"""tion. The Consultant is retained by the County to provide professional consultant services for the Exploratory Regional Parks and Recreation Committee. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under this contract shall co=ence upon the giving of written Ilotice by the County to the Consultant to proceed. Consultant receipt of a Purchase Order shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this agreement by December 31, 2012. 4. Payment. The Consultant 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 Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to . Consultant shall not exceed $16,000 without express written modification of the agreement signed by the County. b. The consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date, up to 80% of total project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept PROFESSIONAL SERVICES AGREEMENT - AJO Consulting 1 available for inspection by representatives of the County and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownershio and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant 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 Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and nse in connection with Consultant's endeavors. 6. Comoliance with laws. Consultant 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. Indenmification. Consultant shall indemnifY, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereo~ including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or dAmage to property occasioned by a negligent act, omission or failure of the Consultant. 8. Insurance. Commercial 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 $500,000 each occurrence with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract. The Consultant shall obtain and keep in force during the terms of the Agreement, General Commercial Liability Insurance as follows: General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; c. Broad Form Contractual/Commercial Liability - including completed operations; PROFESSIONAL SERVICES AGREEMENT - AIO Consulting 2 d. Premises - Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. Such insurance coverage shall be evidenced by one of the following methods: oj< Certificate oflnsurance; oj< Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Certificates of coverage as required by this section shall be delivered to the County within :fifteen (15) days of execution of this agreement. 9. Independent Contractor. The Consultant and the County agree that the Consultant 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 of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. 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 Consultant, or any employee of Consultant. 10. Covenant AP'Hin!lt Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract 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. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. PROFESSIONAL SERVICES AGREEMENT - AjO Consulllng 3 13. 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. 14. Termination. a. The County reserves the right to terminAte this agreement at any time by giving ten (10) days written notice to the Consultant b. In the event of the death of a member, partner or officer of the Consultant, or any ofits supervisory personnel assigned to the project, the surviving members of the Consultant 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 Consultant and the County, if the County so chooses. 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Public Works 623 Sheridan Street Port Townsend, W A 98368 Notices to Consultant shall be sent to the following address: Arvil1a OhIde AjO Consulting 15191 E. SRI06 BeIfair, W A 98528 16. Intel!rated Agreement This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both County and Consultant PROFESSIONAL SERVICES AGREEMENT - AjO Consulting 4 SIGNATURE PAGE DATED this 24/ rMk At' Consultant day of ~~ .2012 County of Jefferson Board of Commissioners I>>i-M'j~ fJ1wtu John Austin, Chair Phil Johnson, Member David W. Sullivan, Member .~uroFI~ 1]21)12... V~ q -" Deputy Prosecuting Atto~ Fs!!1I Public Works Director PROFESSIONAL SERVICES AGREEMENT - AIO Consulting 5 EXHIBIT A SCOPE OF WORK Contract for Professional Services1 Jefferson County Exploratory Regional Parks and Recreation Committee (ERPRC) Parks and Reereation Service and Funding Review AjO Consulting (the Consultant) shall provide the following services to the County pursuant to the Agreement for work to be completed for the Exploratory Regional Parks and Recreation Committee (ERPRC) in the completion of a funding review of Parks and Recreation Services through a coordinated team of community leaders as a vision for the future to define the direction, service delivery and sustainability of parks and recreation for the citizens of Jefferson County. The Consultant agrees to: A. Review materials; meet with staff, ERPRC, partners, public agencies, constituents to obtain information and data to be used for administration and funding potential, and work with Robert Wheeler of Triangle Associates Inc., City of Port Townsend and Jefferson County staff in the preparation of materials for ERPRC. B. Work with the ERPRC in completion of the identification of county-wide funding and lIdministration to be used for creation and adoption of strategic action plan and adoption of preferred alternative. 2012 CD m'3 !::'i m.c - () ::J:rn r:i 31 II. ..;::.. .... :l ca 00:: :c c :.- ==Gli :E c ~ .c 0 <0(,) o :l J9 o .... 010 lOr-. r-.co ~N ~~ 00 00 tOtO "IN .... .... ~~ ~C'l ...."1 C IV E E Gl ~ c E 0 c 0 Ul~catl lllD.D.< UlOC UlClO <.S :g .{gog< Gl ::> <> Gl II. .- ZOj' ~.~ ~ ~B <II C~JY Gl c <II > Q) ~ .E!!O ~ ~ 000100 101010"10 NNNCOO t6riN~vi ~~~ ... ~ 0000 0000 to tOtO to "1"1"1"1 T"""" ~ ~ ~ ~~~~ NCOCOlOfS 'OI;f'C'\IT"" 'r"" c o " Gl .B:Ei c <II III E e Gl 0.:0 <( ~ J!! I!! D.t: <(g, O~ c';: o 0 '8." o go ~~ ] {!. .... i~ .~ <> ~ tl 8 1 tl 8 .J .@ Q. ~ 8 j 1 - '" ~ . II) ~ -g .'" ] ~!3 '0. !il~ ~- 0] ~ '" 11 ;::l.e- ~.@ il '" ,soS $.13 '" II) -as ~fJl <>.~ $ ~ !~ EXHIBIT C Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions I. The prospective primmy participant certifies to the best of its knowledge and beliet: that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph I( B) of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default II. Where the prospective primary participant is unable to certifY to any of the statements in this certification, such prospective participant shall attach an exp1anation to this proposaJ. Consultant (Firm): Arvilla ObIde, AjO Consulting 1/90/aO!2.. (Date) ~~ (Signature) President or Authorized Official of Consultant PROFESSIONAL SERVICES AGREEMENT - AjO ConsuJtlng