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HomeMy WebLinkAbout031813_ca03~c~r~sen~ A er~da ~w~`~el~= ~EFFERSO~ ~rO~.1NTY ~UE3LIC HEA~LTW 61 ~ Sheridan 5freef • Porf Townsend • Washington • 98368 .p A_1.V f.:..., *.. www.jeffersancnuntypublichealth.vrg January 17, ZQ13 ]EFFERSON COUNTY BOA~.G1 ~~ COUNTY COMMISSION -A~EN~3A i~E+QUEST TO. l~aa~a of C©unty Cammiss~ainers P~1~~iP M~t`IE'yr CQUnty Ac~'miin~strat@~` ~~tOM; Jared Keefer, Environmental Health Director Tam Pokorny, Environmental Health Specialist iI DATE. `~~1 ~t rt ~, l `~ , ~~ r~ SUB]ECT: Personal Services Agreement with The 1Nha1e`Trail for Marine Mammal Brochure for the NPC MRC; July 1, 2012 -June 3{3, 2(913; $3,BdJB STATEE~ENT [)~ ISSUE: Jefferson County Public. Health, Water C~uality C3ivison, requests Board approval of the Personal Services Agreement with The WhaleTrail for Marine Mar~tmal Brochure for the NPC MR~C, July 1, ~g12 -June 30, 2013, $3,1904 ANALlf ~S STIIt~ITEGIC GOAIi.S PRO'S and COD'S; an November 2fi, 20].2, Jefferson County entered an agreement (Grant X12-735) with the Washington State Department of Fish and Wildlife tD~ to provide pass-through funds to support approved pro}ects of the larth Pacific Coast Marine Resources Committee (NPC MRC}, including the development and printing of a marine mammal brochure for the 1~~orth Qlympic Peninsula by The WhaleTrai1, a nonprofit organisation in Seattle.. The haleTrail's mission is to inspire appreciation and stewardship of whales and our rrtarine environment by establishing a network of viewing sites. The trail ielf is a series of sites around the 'Pacific Northwest where the public may view orcas, outer whales and marine mammals from shore. in collaboration with the N'PC MRC and other partners, the WhaleTrial will design and print x.0,000 copies of a brochure to educate visitors and the general public about marine mammals that live or pass through the marine waters of Jefferson and C~iallam counties between Port Townsend and South 'Beach in Qlympic National Park. T'he pE~V~LOFIM~NTAL~D SABif_ITI~S P'UBLI~ HEALTH €NVIRgN~ATE~Q R ITY MAIN: (360) 3859400 T=€.w~~~ k~~~[r~ax ~t~st ~ s~~~r~ ~~e~ MAIhT: (3B0) 385-944 ~Ax: trio) 385-s4a~ lliEAi.THI~~ ~t~1N114~1~l+IITY FAx; (360) 379-~sx brochure wif'I be distributed in flfympie fUational Park and other focatfons. Goals for the project include. • Increased awareness of orcas and other marine mammals in the local environment • Enhanced stewardship of these species • Increased land-based whale watching The project addresses the ~iRC program benchmarks: urine Habitats, Marine and Fresh Water Quality, Sound Science, f~ducation and {]utreach and Coastal Communities. f~ISCA'L IMpA~CT1~CC~5T BENEFIT Afl~Afhl(SI5 The costs to complete this project are fully funded through pFVl1 #I~~1735. No rraatch from leffersan County is required. REC®NIMENC~]ATI[7N~ JCPH management requests approval of the Personal Services Agreement with The WhaleTrai~i for Marine Mammal i3rochure for the NPC Mf~C, ,]uly l., 24I2 -tune 3D, 2t}13; $3,40 REVIEW Efa ~Y» s-°~ ,. ~~ - - ~~~ ~~ ~ ~, » Adrnin tratar r~ ~/~ Bate Routed to all Public Health Managers} CC}N6MUNITY HiEALTH ~ p~JBLIC HEALTH ENVIRt~NMEIUTAL HEALTH DEVELC?PMIENTAL QISt~,'L~II_ITILv WATER QUALITY MAIN: ~sa~:~s-sago HEALTHIER COMMUNITY CAIN: ~sa~s~~a~a~ ~Ax: ss43$~~~0~ I=AX: ssas~~-a~s~ l'E1E~S~iva4l~ SrItV1C~`~.S ~GTtEF14'IF.1VT Between `I`he ~'haleTrail And Jc€Ters©a~ C;'rit~nty F'ar Whale `f'rail l3r~chure far the l~lortl~ f7lympic Penians~rla `l.rllS ACREI~:iVlP;l\1T is entered rota between the County of Jefferson a municipal corporation, hereinafter referred to as "the County", and 'I`he W'haleTrail; hereinafter referred to as "thc Stabcontractar'", in cansideratian of the mutual benefits, terms, and ecanditians hereinafter specil~ed. 1. Proiect I~~si mad than. `!°he Subcaritractar is retained l~v the County to create arrc! produce 1t7,~0C3 copies of a brochure designed to educate the ptrblic abaci Clallam and Je4`i`ersan counties' migratary° and resident marine mamma] papulatians. `l`he personal services are funded by a grant Pram the 1~~ashirtgtan State f7epartment of Wildlife ~~t.; W} Grant 12-17 ~5. 2. 5'cape al~ Services. Subcontractor agrees to perform the services; identified an Exhibit ~. attached hereto, including the provision of all lcibor; materials, equipment, ar~d supplies. 3. Tirne t~~r Perfarrnance. This flgreement shall commence an Jury 1, 2{]12 and continues through J~~ne 3~1, 2{] l 3 unless terminated. as provided herein. "1'he agreement may oat be extended beyond Juno 3a, 2f113. 4. I'avment. The Subcantraciar shall be paid by the Cauniy far completed. Fork and far services rendered under this agreement as follows. a. The 5ubcaniractar ti~rill be reimbursed far all work performed a.inder the terms of this contract. Payment far the wark pravided byf the Subcontractor shall nit execcd $.i,{~~{) in tike completion of this project ~~riihattt express ~~°ritten arrrandrnent signed by both parties Ya this ~4greerrrent. b. Funding far this contract wi11 be pravided by° a DFW ga-am. If funding frarn Dl: W' is witi~drati~n, reduced, or limited in any ~vay after the effective date cif this agreez~~ent; this contract may be renegotiated ar terminated as pravided herein. c. The Subcontractor txaay submit invoices to the C,:c>atnty once per month, but oat less than ~quarterl_y, during the progress of the wark far wark completed to date. Such invoices swill be checked by the County, and upon approval thereof', payment will be made to the Subcarttrac;tar in the amattnt approved. d. Final pay°ment of an}~ balance clue the Subcontractor of t13e fatal contract price earned will be made promptly rrpan its ascertainment and veriiicatican by the County after the completion of the tivork under this agreement and its acceptance by the County°. e. Payment as provided in this section shall be full compensation for ~~°ork perfarrned, services rendered and far all materials, supplies, equipment and incidentals necessary tc~ complete the ~~°ark. t'age 1 cif 5 f. 'i`he Subcontractor's records and accounts pcrtarning 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.. ~. Ownership and Use of L7ocutncnis. X11 documetrts, drawings, specifications and other materials produced by the Subcontractor in connection with tl~e services rendered under this agreement shall be the property of the County whether the prnject for which they are made. is executed or not. The Subcontractor shall be permitted to retain copies, including, reproducible copies, of drawings and specifications for information, reference and use in connection ~vrth Subcontractor's endeavors. 6. Com liance r~vith Laws. Subcontractor shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state,. atzd local Iar~~'s, ordinances and regulations, applicable to the services to be rendered under this agreement. 7. Indemnification. a. Each party shall defend, indemnify and hold the ether party, its officers, officials, employees and volunteers harmless from anr~ artd all claims, injuries, damages, losses car suits including attorney` fees, arising out of ear in connection ~"ith the perfi~rrnance of'this agreement, except for injuries and damages caused by tl~e sole negligence of a party;'. b. Shc3uld a court of competent jurisdiction determine that this agreement is subject to RCS' 4.~~.I 15, then, in the e~°ent of liability for datnage:s arising caul of bodily injury to persons or damages to property caused by or resi:ilting from the concurrent negligence of" the parties, its officers, officials, employees, and volunteers, the party"s liability hereu~~der shall be only to the extent of the party's negligence. It is further specilicall~• and expressle understood drat the indemnification prodded hereiiz constitutes the parties 4a"giver oi~ immunity under Industrial Insurance, Title 51 ~C~ 1~', solely for the purpt~ses oi` this indemnification. "Phis waiver has been mutually negotiated by the parties. "I~he prof"isic~ns of this section shall surviw•e the expiration or termination o#~ this agreement. 8. Insurance. The Subcontractor shall obtain and keep in force dti~ring the terms of the ~greeixrent, or as othcr~~~ise required,. the following insurance with companies or• through sources approved by the State Insurance Commissioner pursuant to RC~'~' 4&.C?w: a. V~lorker's compensation and employer's liability insurance as required by tl~e State of` 'Washington. b. Commercial automobile Liability Insurance providing bodily injury anti property damage liability coverage for all owned and non-owned vehicles assigned to or uscl in the performance of the ~4"ork for a combined single limit of not less than $~~Q.t)(~f} Each occurrence. 9, Independent C.ont,~actr~r~ ~f'}te Subcarttraetor and the Courtly agree. t]~at the Subcontractor is an independent contractor ~~•ith respect to the services provided pursuant to this agreement, Nothing in this agreement shall be considered to create the relationship ofemployer a~~d employee between the parties hereto. I~Ieither Subcontractor nor any employee of Subcontractor shall be entitled to any benefits accorded County employees by virtue of`the se~•ices provided under this agreement. the C'outtty shall not be responsible for withholdirag car otherwise deducting federal income- tax or social security or for contribritinf; to the state industrial insurance program, otherwise assuming the duties of an employ°er y~r~ith respect to Subcontractor, or any ernplo_yee of Subcontractor. I~PC MRS The Whaf,~„Trail 8rcrchure Pale 2 raf 5 ] 0. Discrimination i'rohibited. Tyre Subcantraccor, with regard to the work performed by it under tl~ris 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 materia]s or supplies. ] l . Termination. The County reserves the right. to terminate this contract in whole or in part, wthcaut prier written notice, in the event that expected or actual funding from any frrnding source is withdrawn, reduced, or limited in anyr way after the effective date ofl~ this agreement. In the eti°ent of termination under this clause, the County shall be liable far only payment fear serv=ices rendered prior tea t'he effective date of termination. a. This agreement may also be terminated as provided below:. i. With 30 days notice by the Board of County Commissioners fear an}~ reason, or ii. With 3(3 days notice by the Board af`County Commissioners fc~r non-performance of the sped€ic job duties in i~xhibit A. iii. With ~(l days notice by the Subcontractor by rloluntary resignation. l2. Integrated Agreement, This Agreement togetlxcr with attachn-rcnts ar addenda, represents the entire and integrated agreement between the County and the Subcontractor and supersedes all prior neg,atiatians, representations, ear agreements written or oral. -l his agreement may be ar~--ended only by w°ritten rrstrument signed by bath C.'ounty and Subccantractor. L7ATlrl] this 13~° day of .Icahn Austin, Chair ]effersan 13aard of County Commissioners Donna Sandstrom "1`he t4'hale "l`rai] 7 ] ] 9 W oadside Fl S4"~' Seattle, WA 98 ] ~6 (2[t6) 9]9-5397 c]or7 ia~i 'cr? t he°a~~halet~'a i 1. carp Attestl'Autl7enticated: Clerk of the ]3c~ard fVPC MttC The WhaCe TraE,1 Brot~u~e ,Z~]3 ~ ~~ ~~~~ ~l~ ~ ~.~~ -------- APFI~{7VED AS TC~ C)~.M C:ivii I~l'A [avid AlG•arez Page 3 of S Exhil7t A: scope Uf We~rk Task 1 -Planning_and F]esi~n. `The 4~'hale'1"rail will develop a rr~arine mammal brochure rr.+itl~ input from the North Pacific Coast MRC. It ~~°ill include user-friendly data, illustrations and customized stewardship messages taxgetinl travelers to the Olympic Peninsula. A sub-contractor will pror~•ide design servie~es. The I~ll'C MRC will har°•e an opportunity' to review the draft ste^~ardship messages and draft design.. Y)eliverable: Draft broch~~re. Due: April 1 S, 2(313 Task 2 -1'rintin~,. The V4'haleTrail will hire a suhticontractor to print 10,000 copies of the finalized brochure. Deliverable: PDF of final brochure. 1:3ue: May 15, 2013 Task 3 -Distribution. 11n electronic copy and 100 print copies cif the brochure will be pro~•idcd by The. "Whale."1`rail to the NPC NIrZC. The WhaleTrail will dediefer 9,300 printed o€~pics to 6ocatinns along tlsc ~'-~'hale Trail including Olympic National Park, larks ti'isitor Center, and rather t~'est End ©utlcts. Deli~•erable: Evidence of production of 10,{3013 printed copies. ,411 invoices. Due: Juno 30, 201 hIPC MRC ~'he Whale 7rai! 6rachure Page 4 of 5 B~nc~rT cAT~+~o~v aetail In-Kind Cc~ntibutivns casts SalsrieslBen, The Wha9eTrail _ . - _ - _ - $b,~i~40 __~ _ ltklA Su lies ~ ~ _ ~JIA h!!A ~ Travel The WhafeTreil ; ~4~(7 _ $fl Cantractesi Services ~p~Knting (1CJ,~D~ ca yes u _ _ $(?_ .d._..-.._ $3,a0a Total In-bind ~~050 Tote past _ .. ~3,aaa ~NPC MRC;1"he Wf~ale ~r~il 8rpehure Page 5 of 5