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HomeMy WebLinkAbout031212_ca07 ,,' ON -, Consent Agenda ~~)"a: JEFFERSON COUNTY PUBLIC HEALTH ~~..' 615 Sheridan street . Port Townsend. Washington. 98368 -- www.Jeffel1loncountypubDchealth.org February 23, 2012 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health Director DATE: " March 12, 2012 SUBJECT: Agenda Item - Professional Services Agreement with K L Mayer Consulting Group, Inc., Amendment #1; December 13, 2011 - April 30, 2012; add1 $2,000 total not to exceed $8,400 STAIEMEN:r~F ISSUE: Jefferson County Public Health, Environmental Health Department, requests Board approval of the Professional Servlces Agreement with K L Mayer Consulting Group, Inc., Amendment #1; December 13, 2011 - April 30, 2012; add' $2,000 total not to exceed $8,400 ANALYSIS/STRATEGIC GQ~LS/I!RO'S and CON'S: This amendment Is proposed to add an additional Work Group meeting to the existing schedule. The purpose of the additional meeting Is to allow the Work Group members to review the proposed code changes to the Operations and Monitoring section of JC Code 8.15 Onslte Sewage Systems, based on the recommendations provided by them. This meeting will take place prior to the public forums. The amendment Includes fadlltatlon of the additional meeting as well as the assodated support and coordination of the meeting. FISCAL I~PACT /COST HEREFIT ANALYSIS: The contract and amendment are funded by the EPA Grant #PO-00JI000l-1. This project Isldentlfled in the approved work plan that will be done under the Clean Water DIstrict ActIvIties project. This project addresses the request of homeowner to be authorized to complete required monitoring inspections and allow JCPH to meet requirements of WAC 246-272A in a cost effective manor. COMMUNITY HEALTH DEVElOPMENTAL DISABILITIES MAIN: (360) 385-9400 FAX: (360) 385-9401 PUBLIC HEALTH AlWAYS WIIIlIlIBG FIIRA WER JIRD HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALITY MAIN: (360) 385-9444 FAX: (360) 379-4487 Consent Agenda RECOMMENDATION: JCPH management request approval of Professional Services Agreement wIth K L Mayer Consulting Group, Inc., Amendment #1; December 13, 2011- April 30, 2012; add1 $2,000 total not to exceed $8,400 REVIEWED BY' Istrator 3!1- t'l2- Date (Routed to all Public Health Managers) Professional Services Agreement Amendment #1 Between K L Mayer Consulting Group, Ine. And Jefferson County Public Health WHEREAS, K L Mayer Consulting Group, Inc. (Consultant) and Jefferson County (County) entered into an agreement on December 13,2011 for Professional Services to be provided in connection with facilitation services and project management for the project designated Onsite Sewage System Monitoring Program Work Group. WHEREAS, the parties desire to amend the terms of that agreement. IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: 1. The term of the above referenced agreement is time limited and ends April 30, 2012. 2. The Consultant will continue to perform facilitation and project mAnAgement services in connection with the project designated Onsite Sewage System Monitoring Program Work Group. 3. The Consultant will facilitate a total of jive work group meetings along with associated support and coordination functions. 4. The Consultant will be entitled to an additional $2,000.00 in funding for services rendered during the term of this contract amendment. Total compensation under this Agreement shall not exceed $8,400.00 without express written amendment signed by both parties. 5. All other terms and conditions of the agreement will remain the same. day of ,2012 Approved as t'8 f~rr only: , . 315hz Dated this By: John Austin, Chairman Jefferson Board of County Commissioners By~t....< ';f-nIB 1'~ . . na L. Mayer K Mayer Consulting Group, Inc. . ( o R-I ~ I N"/''l L ~ MT/Q..ACr ( PROli'ESSIONAL SERVICES A~REEMENT Between KL Mayer Consulting~roup,Ine. And . JlilffersoDCounty For Onsite sewage Syste1Il MonitonngPrognim Work GroupSuppllrt TIllS AGREEMENT is entered into~ the County of $effersonamunicipa1 corporation; bereinafter.ref~ to as "the County", and KLMayerConsulting Group, hereinafter referred to asnthe Consultant", in corisideration of the mutual benefits, terms, and conditions hereinafter specified. . 1. ... Proiect DeSi ""ation. .. TheConsuitarit is retained by theCo1lIlty to perform facilitation and project mllJ'lagemeht ~ in connection withthe project designatedOllsite Sewage System Monitoring Program Work Group. Scope of ~.Consultllnt~ to perfo11lltheservjces, identifi~ on Exhibit "An attaehed hereto,mcluding the prov4ii()n of al11~, materials, equipment and supplies. 2. 3. Timefor p~ance.TbisAg.reetntmt shall commence on Decen1bet 13lb, 2011 and ccontmueStbrough AprlI3(lth, 2012 unless terminated as provided herein. The agreement /. maybe extendedbeyondAprll30lb. 2012 upon mutual written consent of the County and .. the Consultant. - ' - 4. Payment. The Consultant sball be paid by the County for c(jmpleted work and for serviceS renderetiunder this agreement as follows; a. Payment for tbework provideclby Consultant shall be invoiced upon compI~on of the contract provided tbatthe totalllIIlount of payment to Consultant shalloot exceed $ 6,400 withortt express written modification oftbe agreement signed by the County. hi the event that expected or actual fimdingfrom any fimding source is withdrawn, reduced, or limited in anY way after the effective date of this agreement, tbiSCOiitmct may be :renegotiated ortenninated as provided herei.ll. b. TheCOnsulta!'lt may submit vouchers to the County once per month during the pro~ of the worl,<.for work completed to date. Such vouchers will be checked by the County, and. upon approval thereof, payment will be made to the . i' c. ( Consultant in the amount approved. 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 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. f. For each hour of service provided pursuant to this Contract the following hourly rates shall apply: Consultant @ $125.00 per hour, Sam Gibboney@ 75.00 per hour. Portions of hours shall be billed in not less than .2 hours (12 minutes) increments. 5. Ownership 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 use in connection with Consultant's endeavors. 6. Compliance 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. Indemnification. 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 thereof, 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. The Consultant shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48.05: a. Worker's compensation and employer's liability insurance as required by the State of Washington. ( b. 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 listed on Exhibit "A" for a combined single limit of not less than $500,000 each occurrence. c. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies listed above shall protect both parties and be primary coverage for any and all losses covered by the above-listed insurance policies. It is further agreed by the parties that any and all deductloles made part of the above-listed insurance policies shall be assumed by, paid for and at the risk of the Consultant. d. The Contractor and Subcontractor will provide Certificates of Insurance naming the County as "additional insured" with respect to all applicable insurance policies and will do so within 30 days of the commencement of this Contract 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, for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to Consultant, Subcontractor, or any employee of Consultant. 10. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds ofrace, 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. 11. Assignment and Subcontracting. Except as described in Section 12 below, the Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 12. Subcontract. The Consultant shall subcontract to ISE Consultants, Sam Gibboney, MP A, for technical and documentation support during the project. All of paragraph 8 listed above, except 8.a, shall be applicable to and enforceable against the Subcontractor. 13. Consultant assignment of staff. The Consultant must conunit that staff identified in Exhibit" An will actually perform the scope of services listed there. Any staff substitution must have the prior approval of the County. 14. Termination. a. The County reserves the right to terminate this agreement at any time by giving ( ten (14) days written notice to the Consultant. If the termination notice is based on an alleged breach of any of these contract terms by Consultant, then the Consultant shall have fourteen (14) days to remedy or cure said alleged breach. b. In the event of the death of a member, partner or officer of the Consultant, or any of its 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. Integrated 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. DATED this ~ q.J.V\ dayof Q.e(QMA bev ,20 II Anstin, Chair erson Board of County Commissioners By . . Kristin L. Mayer, Ed. D - Princ KLMayer Consulting Group, Inc. 271 0 Sherman Street Port Townsend, W A 98368 360-379-3667 kris@klmayer.com () J2/1/ZDJ( APPROVED AS TO Fa Civil DP A David Alvarez Attest! Authenticated: '\Z QJ.,U\{A i7 ,.QLnd a V Raina Randall, Deputy/Clerk of the Board .~~~ ..~,' ,"J "" i- :[,.j . . , ,.'; '" ~yh1nitA , '.' TASK 1. Initial Pl,,'Ilhing-. . . . . . . Kristina Mayer ~ sarii Gt'bboIiey wilimeet with the Comrty to determine or ~vi~vv:~(}ject '. objectives. Sl;:hedule; bUdgets. backgr.ound itlf(.>1'mRtion ami av8llable data. work group . '.' '~ft .....;.,-'rulesforpubIic~Qlvement~. ' .' compost,"":",,, &......- , .,.. . r'~-- Deliverables:, . . .... .... . Docum:mt identifying the groUnd rules.and basic approach for conducting the work gr~ . and public meetings . . . . , . '-, ;,' :;J TASKZ;Facilita1ionpfthe Work Grom>tneetiIlgsllI1d~Oriof'mowtoringpro~ ., . recommendations ..... " ". '. ......... '... '.' .... .... ..... ....... .... lnCQOrdinationwithcoun~ projectro~erKrlstinaMayet'will convene the agency and stakeholder workgioup imd establiSh orgaTli~ti<m;andopeta1ingprlnciplesfoI'the process. .' Kristina will work in copsu1tatiop,with coun1ystaffto design;schedule. and setageridasfor four . . reguI8r WOrkgroUp1U~ ma.nmw the. InailingIists.eMUremOOtin~lJI1'I11n1mies are timely.' .. and.accurate.aUdprepare meetingmaterial$ as~ed to support the commi~' work. Sam'. .GibbOl1eywillptoVi4etechnic8J~rtand~on. .' '. ..,. Deliv~Jes:' . .',;; 'k . . .' Facilitate foui-wor~~l1P~' .' . . . .. t>e&ignlmd prpvidem~gagendaSand backgrQundmaterials to Workgi'oup panicipantsto be prpyided8 n,rlnimlml of2days before a scheduled meeting. . . . . . Record Slnnmaries fot'tljhvorkgrotJJl~ !Iildprovide SUln1tiary of meetings within 4 days of meeting date to plirticipants. .... . .. . .' , _ :~: ___ _' _: '. :_!.. , ,._;_ ':_' .,~:: _::,' _, ;:; .__:_ " __; _ " _ _ _' , , "_ _ ' ..;.. _ , _ ',"_ ,_: _ _ ' _ H .. ,~m"tRin~list o:fparticiPlIl:1ts andiriterested parties that attend a meeting. ,_;J; ..;) '';< , -, - - " .- "," , ! ,': -~. ~ -' - - " - -',' ", " ~ . . Prepat:e a brief ~~" nllarizing.the work group's recommendations. . " .. . AsSist lCPH staff to ptepar~ draft revisions to the O~M section of JC Code 8.15based , on tho'work group recommendations. ",. - ,- :,' - -, ". ---"" - . . . ,"" . " ;.(,- .'. TASK 3. 'FaCUitationofptIblic.f9rwusto ptesl:11t recoll1IllendedOSSMonitorlng Program . . , "".'1' --f' ;,t .;;: including JC Code section revisions. Kristina will present the draft code revisions at three public meetings, open houses, or other venues for public dialogue and education and assist county staff in further revisions based on input from meeting/forum activities. In coordination with County sta:ffKristina will present the frnal draft revisions to the Jefferson County Board of Health. Deliverables: . Facilitate up to 3 public meetings. . Provide smnmaries of public meetings. . Present draft revisions of JC Code 8.15 to JC Board of Health at their regular monthly meeting.