HomeMy WebLinkAbout100112_ca09 JTFFI;RSON COL NTY
BOAltll OF COITTY COMMISSIONTiRS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
N RO~'I: Kate Driehaus, ~VSU .Jefferson Counh Extension
DATE: 9/1.8/12112
RE: Professional services agreement between .Jefferson County and
LaRoche R Associates Ybr project management of the South Port Townsend Ray Project
This agreement allows LaRoche K Associates to provide project management and
coordination services to assist the A4arine Resource C;onunittee in conducting an outreach
campaign aimed at educating vessel owners in South Port 1~ownscnd Bay in order to protect
shellfish Inds. This project is grant-funded through the Washington Siate Department of
Health.
AN:U.YS[S:
7'crm of contract with LaRoche & .Assoc. lin- performance of tasks outlined in the attached
scope of services is Irom Sept. I, 2012- A7ay 31. 201.
F'ISC'A1. JMPACT:
S 7765.00 - 100';o grant funded - no cult is incun~ed by the Counts
RECOMAIENDA'I'ION:
«`e recoaunend that the Commissioucrs approve this agreement
DF.P.ARTMEN'l' CONTACT:
Kate llrichaus ,79-5610 F.xt. 206
RF.VIE~i'Ell BY:
-~ ~ -
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h' ' Orley. Coiw : dministrator Date
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PROFESSIO\AL SI~.RV"ICES AC;IZEF.~71~:\T FOI2
PROJECT ~'i.4NA(;F:;`7E~T A!Vll COORDIV9'CION SERVICES FOR'1'HE
JL•'FPERSOV C'Oi QTY' ~'iARI~'E RESOCRCES COr'I~'i1TTF.E
SUU'Cll PORT 1'0~~~'NSEVll Br1Y l'KOJECI'
l HlS :~GRLE?v1f?I\''1' is between thz County of.ieffzrson. a municipal corporation.
hereinafter referred to as the C ourrr}, and LaRoche and ryssociates (iii Blue Sky Drive,
Port "Co~ansend 1\'~'1 98368), hereinafter referred to as nc~ Gorasubcrrzr, inconsideration of
the mutual benctlts. fenny. and conditions ItereiuaRer specified.
1. Pugx:se. The purpose of this contract is to provided assistance to the Marine
Resource C:onnuitree,in conducting an outreach campaign aimed at vessel owners
in South Port I ownscad Bav to protect shclltish beds.
?. Scope of Services. The scope of yen ices is as follows. Consultant agrees to
perti~rrot the services, identified on Exhibit ;\" attached hereto, including [he
provision of all labor, maicrials. equipment and supplies.
3. Time fur Pzrli>rmancc. The time titr pzrlbrmance is as ti:llows. Consultant shall
perfonu all services identified in Exhibit "A": beginning Septemlier 1, 20L and
shall deliver all work products required pursuant to this agreement. Consultant
shall perfimn all services and proride all work products required pursuant to this
agreement by t~'lay 31.2013 which shall be the termination date for this
agrccntent.
4. Paymznt. The Consultant shall he paid by the County liar complztzd work and For
services renderzd under this agreement as Ibllows:
a. Total Payment titr the work provided by Consultant shall be made as
provided on Exhibit `'.4" attached hereto, provided that the total amount of
payment to Consultant shall not exceed S726S.U0 without cypress written
modification of the agreement signed b}° [he County.
b. Payment for the work provided shall be provided in two payments upon
completion of required reporting. Payment of the retainer amount shall not
be altered by the number of hours the Consultant works. although the
parties acknowledge that the retainer amount may be renegotiated if cuty
part~~ gives sixty (601 days notice of their desire to renegotiate the amount
of the retainer.
a Pinal pa}anent of any balance due the Consultant of the total contract price
earned ~ti~ill bz made promptly upon its asecrtaimnent and verification by
the Cotutty after ilte completion of the work tmdcr this agrecmcot and its
acceptance by the County.
d. Payment as provided in subsection a. of this section shall be lull
compensation for work performed. services rendered, materials and
incidentals necessary to complete the work. Sunplies. printing and travel
may be reimbursed in addition to the amount specified in subsection a. of
this section on a case-by-case basis with prior approval from the Project
Coordinator: Pat Pearson. ~~°SL.' Jefferson Coumty Extension. 201 West
Patison, Port[[adlock.1V;1983±9.
~. Ownership and Use of Docuntettts. 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 twhethcr the project lift which they are
made is executed or not. The Consultant shall be permitted to retain copies. including
reproducible copies, of drawings attd specifications tin' intbrmation. refcrouce and use in
connection with Consultatu's endeavors.
6. Complimtce with i.aws. Consultant shall, in performing the services contemplated by
ibis agreement, faithfully obsetti°e and comply tyith all federal, statz. and focal laws,
ordinances and regulations. applicable to the services to he rendered under this
agreement.
7. Indenutilication. The Contractor shall indemnify and hold the Counri. and its of titers.
employees, and a~~cnU harntlcss from and shall process and defend at its own expense,
including all torts. attorney lees and expenses relating thereto. all claims, demands. or
suits at Iaw or equity arising in whole or in part, directly or indirecth. front the
Contractor's negligence or breach of any of its obligations under ibis :~grecment:
provided that nothing hereto shall require a Contractor to indaunif}~ the County against
and hold hanulcss $tc Counry from claims, demands or suits based solely upon the
conduct of the County, its o1 ficers. employees and agents, and: provided further that if
the claims or suits ate caused by or result fi•om the concurrent negligeuce of: (a) the
Contractor's agents or employees; and, (bl the County, its officers, employ ecs and agents.
!his indemnity provision with respect to claims or suits based upon such negligence.
andror the costs to the County of delending such claims and suits, etc., shall be valid and
enforceable only to the extent of the Contractors negli_ence, or the negligence of the
Contractor's agents or employees.
Claims against the County shall include, but not be limited to assertions that the use and
transfer of and softw~ate, book. document, report, film, tape. or sound reproduction of
material of any kind, delivered hereunder. constitutes an infringement ol'any copyright,
patent. trademark. trade came, or odtenvise results in an unfair trade practice or mt
unlaw ful restraint of competition.
8. Insurance. the CDNSULT:IV"f shall obtain and keep in force during rite terms of the
AGREGNIEN'1~. or as otherwise required, the following insurance with coutpanies ar
[]trough sources approved by the State htsurance Commissioner pursuant to RC'l4' 48.
a) W'orkers' Compensation attd Employers Liability. The Catsultattt shall procure
and maintain daring the life of the contract, W'orkers' Compensation Insurance. including
employers- liability coverage in accordance with the laws of the State of Washington
9. Independent Contractor. The Consultant and the County agree shat 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 auy employee of Consultant
,hall be entitled to any benefits accorded Cvunt} employees by virtue of the services
provided under this agreement. 71tc County shall not be responsible for withholding or
otherwise deducting federal income tax or social security or litr cone ibuting to the state
industrial insurance program, otherwise assuming the duties of an employer with respect
to Consultant. c»' any employee of Consultant.
10. Covenant Against Contingent Fees. '1"hc Consultant watxants that he has nut
employed or retained any company or person. other than a bona tide emplo}`ce working
solely litr the Consultant. to solicit or secure this atutract, and that he has not paid or
agreed to pay any company or person, other thaut a bona fide employee workitte svlely for
the Consultant, any lee, commission, percentage. brokerage tee, gifis. or any other
consideration contingent upon or resulting fi~om 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 liabiliq or. in its discretion to deduct from the a»m-act price yr consideration. or
otherwise recover. the full amount of such fee, commission, percentage, b:•okcrage fee.
gift. or contingent ice.
11. Discrimination Prohibited. The Consultant. with regard to the work perforntcd 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 attd retention of employees or procurement of materials or supplies.
l3. Assignment. The Consultant shall not sublet or assign any of the services covered b}'
this agreement ttiithout the express written consent of the county.
13. Non-1\ giver. y~'aivcr by the Count}• of any provision oY'this aarei?ment or amp time
limitation provided for in dtis agreement shall not constitute a waiver of arty other
provision.
14. Termination.
a. The Cvunt}• resen'es the right to terminate for failure to ntoct the terms and conditions
of this agreement at any time by givutg thirh~ (30) days written notice to the Consultant.
h. In the event of the death of a member, pat•tner or officer of the Consultant. or an} of its
supervisory persattnel assigned to the project, the surviving members of the Consultant
hereby agree to contplcte the work under the ternts of this agreement, i f requested to do
so by the Cowt[y. -Ibis section shall not be a bar to the renegotiation of [Iris agreement
between surviving members of the Consultant and the County, if the County so chooses.
I ~. notices.
Notices to the County shall he sent to the following address:
Notices to the County shall he sent to the following address:
Philip Alorley. County Administrator
P.O. Bolt 1220
Pon'fownscnd. \~':A 98368
Pat Pearson. ~IRC Grant Administrator
WST_? .leflerson County Exteusion
201 West Patison. Port Iladlocl:, \V.A 983.39
Gabrie]le LaRoche, MRC Prgject ~4anager
~~> Blue Sk}' Drive
Port "fotmnsend \\ .A 98368
16. Integrated Agreenteut. This Agreement together with attachments or addenda
represents the entire and integrated agreement between the County and the
Consultant and supersedes all prior negotiations, rcpr2sentations_ or agreements
written or oral. This Professional Services
Attachment: Attachment ] -
E~hibit A: Scope of Services for Jefferson A1RC -South Port Townsend Bay
Septemher 1, 2012 thrnugh '~Iay 31, 2013
DATED this day of . 20L.
JF.FFF.RSON COi:N'Tl'
BOARD OF CO\Q\QTSSIONF.RS C'ONSL!L 1':1N'I
Joltn Austin, Chair C;abrielle I:aRuche d.b.a.
LaRoche and ,Associates
jji Blue Ski' Drive
Port Tot>nsend \4':1 98368
\T'f E S"[
APPROVED AS '1'O PORM ONLY:
Deputy Clerk of the Board ~Q,{/tC~ ~~L ~ /~ ~~(~'
Deputy Prosecuting Attotrfcy
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YRUC(RE;i\IEVT
PEiUJEC'I' ,~lANAG1iAIL•'N"1' AVll CUU12llIVA"f10V SEI2VICFti FOR THF.
.IF.FEERSOV COUN'T'Y' ~~IARIVF. RF.SOIIRC'ES COA1~4ITT~E
The Afarinz Resources Committee is requesting soli source procurement to contract with
Gabrielle I,aRochz d.b.a. LaRoche attd Associates. (>» Bluc Sky Drive. Port Townsend
~4'A 9S CGS) to provide Project ~4anagentcnt and Coordination Services I~rr several tasks
associated with ~l~ashiugton llcpartmcnt of Health Contract Teo. A 19?SS as specified iu
1:xhibit A to the contract.
(t is the express desire of• the Jefferson County \~Tarine Resources Committee to continue
to contract the services of Gabrielle LaRoche, d.b.a. LaRoche and Associates. LaRoche
teas originally awarded a ttvo-yzar contract (Jule 1, 200> -June 30, 2007) following an
advertised competitive procurement process. L•t 2007 LaRoche ryas again awarded three
two-year contracts (July 1. 2007 -.hate 30 2009: July I. 2009-.hrne 3U. 2U11..Iuly 1.
2011 -June 30. 201?). LalZochc's professional qualifcations and experience as a
consultant specializing in the work of the Marine Resources Committee arc unique in
nature. Hcr recent work with the Jeflerson County 1t4arine Resources Committee on the
I[clgrass Protection 7..one and the \4ystery Bay Shellfish \~larine Protected .Area make her
the onh~ contractor with the requisite qualifications and experience to provide seamless
pre7jec[ managzmenl and coordination services for dte .leffersun County Ivlarinc
Resources Committee to carry out the work under ~~ ADOII contract 1\ 19?i5.
Additionally. Ms. LaRoche assisted dre D4RC in receiving funding associated with
contract V 1975 and is thus uniquely familiar with the work that is required to satisfy the
contract I-Ter professional training and experience uniquely qualifi her to he able to
deliver the requested services to the IvTRC without a break in service wfiich would result
in a delay in providing the deliverables specified. For the aforementionzd reasons she is
the only practical source available to the Marine Resources Convnittez.
\t;cire Resources ('Ca:uciuee Requasi Por Sole Source Procuremcut 9~fi: 2ttl2