HomeMy WebLinkAbout092313_ca05Consent Agenda
JEFFERSON COUNTY PUBLIC HEALTH
615 Sheridan Street o Port Townsend o Washington o 98368
www.jeffersoncountypublichealth.org
August 26, 2013
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jared Keefer, Environmental Health Director
Pinky Feria Mingo, Environmental Health Specialist
DATE: Se-p� emlb e,r .23, a e t3
SUBJECT: Agenda Item — Personal Services Agreement with Waddell
Environmental, LLC for Hidden Hazards in the Arts presentation;
November 1, 2013 — February 28, 2014
STATEMENT OF ISSUE:
Jefferson County Public Health, Environmental Health Department, requests Board approval of the Personal
Services Agreement with Waddell Environmental, LLC for Hidden Hazards in the Arts presentation;
November 1, 2013 — February 28, 2014
ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S:
Artists experience the same occupational exposure hazards as employees in industrial settings, but often do
not receive the same information on how to minimize their exposures to chemicals mists, dusts, and fumes
that can have health impacts. Hidden Hazards in the Arts is targeted specifically at artists to give them the
necessary information to prevent exposure as well as provide information on proper disposal of chemicals.
FISCAL IMPACT /COST BENEFIT ANALYSIS:
This subcontract is funded by a contract through the Department of Ecology, Local Source Control
# C1400033 as part of that agreements Statement of Work.
RECOMMENDATION:
JCPH management request approval of the Personal Services Agreement with Waddell Environmental, LLC
for Hidden Hazards in the Arts presentation; November 1, 2013 — February 28, 2014
R BY,:-,?,
f
Philip Morle Coty dmin trator Date
COMMUNITY DEEVE OPM NTAAL DISABILITIES PUBLIC HEALTH ENVIRONMENTAL HEALTH
MAIN: (360) 385 -9400 ALWAYS WORKING FOR A SAFER AND WATER QUALITY
MAIN: (360) 385 -9444
FAX: (360) 385 -9401 HEALTHIER COMMUNITY FAX: (360) 379 -4487
PERSONAL SERVICES AGREEMENT
Between
Waddell Environmental, LLC
And
Jefferson County
For
Hidden Hazards in the Arts
THIS AGREEMENT is entered into between the County of Jefferson a municipal corporation,
hereinafter referred to as "the County ", and Waddell Environmental, LLC, hereinafter referred to
as "the Subcontractor ", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. Proiect Desi ang tion. The Subcontractor is retained by the County to conduct two workshops
on Hidden Hazards in the Arts covering the major hazards associated with occupational and
environmental exposures to painting, encaustic, collage, jewelry, ceramics, and print making.
2. Scope of Services. Subcontractor agrees to perform the services, identified on Exhibit A,
attached hereto, including the provision of all labor, materials, equipment, and supplies.
3. Time for Performance. This Agreement shall commence on November 1, 2013 and continues
through February 28, 2014 unless terminated as provided herein. The agreement may not be
extended beyond February 28, 2014 with express written amendment signed by both parties.
4. Payment. The Subcontractor shall be paid by the County for completed work and for services
rendered under this agreement as follows:
a. The Subcontractor will be reimbursed for all work performed under the terms of this
Contract. Payment for the work provided by the Subcontractor shall not exceed $1,100 in
the completion of this project without express written amendment signed by both parties
to this Agreement.
b. Funding for this contract will be provided by a Department of Ecology grant. If funding
from this grant is withdrawn, reduced, or limited in any way after the effective date of
this agreement, this contract may be renegotiated or terminated as provided herein.
c. The Subcontractor may submit invoices to the County after each completed workshop.
Such invoices will be checked by the County, and upon approval thereof, payment will be
made to the Subcontractor in the amount approved.
d. Final payment of any balance due the Subcontractor 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.
e. 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.
f. The Subcontractor's records and accounts pertaining to this agreement are to be kept
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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.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Subcontractor 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 Subcontractor shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Subcontractor's endeavors.
6. Compliance with Laws. Subcontractor 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.
a. Each party shall defend, indernnify and hold the other party, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this
agreement, except for injuries and damages caused by the sole negligence of a party.
b. Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
parties, its officers, officials, employees, and volunteers, the party's liability hereunder
shall be only to the extent of the party's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the parties waiver of
immunity under Industrial Insurance. Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions
of this section shall survive the expiration or termination of this agreement.
8. Insurance. The Subcontractor 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 for a combined single limit of not less than $500,000 each
occurrence.
9. Independent Contractor, The Subcontractor and the County agree that the Subcontractor 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 Subcontractor nor any employee of
Subcontractor 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
Subcontractor, or any employee of Subcontractor.
10. Discrimination Prohibited. The Subcontractor, with regard to the work performed by it under
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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.
11. Termination. 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.
a. This agreement may also be terminated as provided below:
i. With 30 days notice by the Board of County Commissioners for any reason, or
ii. With 30 days notice by the Board of County Commissioners for non - performance of
the specific job duties in Exhibit A.
iii. With 30 days notice by the Subcontractor by voluntary resignation.
12. Integrated Agreement. This Agreement together with attachments or addenda represents the
entire and integrated agreement between the County and the Subcontractor 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 Subcontractor.
DATED this
M.
John Austin, Chair
day of 12013
Jefferson Board of County Commissioners
By
Dave Waddell
16533 34`' Avenue NE
Seattle, WA 98155
Attest/Authenticated:
Clerk of the Board
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ppQmed as to fMM only
pia �
.vid Alvarez+ Chief Civ A
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Exhibit A
Scope of Work
Conduct two workshops on Hidden Hazards in the Arts:
• November 2, 2013
• February 8, 2014.
JCPH will pay the contractor $550.00 for each workshop. This contract shall not to
exceed $1,100 without express written amendment signed by both parties. The
workshops shall cover the major hazards associated with occupational and
environmental exposures in the following art disciplines:
Painting /Encaustic /Collage
Jewelry/Ceramics
Print Making
Each workshop will comprise two 2 hour presentations: one presentation will address
Painting /Encaustic /Collage and the second presentation will address one of the other
two categories.
Contractor is responsible for providing laptop and screen projector, and any handouts.
JCPH will provide screen and secure the venue.
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