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HomeMy WebLinkAboutJim Rough & Associates for Town MeetingsPROFESSIONAL SERVICES AGREEMENT FOR Town Meeting Facilitation Services THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County ", and Jim Rough and Associates, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Designation. The Consultant is retained by the County to perform facilitation services in connection with the Parks, Recreation and Open Space Plan. 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 commence upon the giving of written notice 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 on the dates listed on Exhibit "A" 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 "A" attached hereto, provided that the total amount of payment to Consultant shall not exceed $7000 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. Revised 01 /08/01 CONSULTANT AGREEMENT -I - C. 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 three (3) 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 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. 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. Said general liability policy shall name the County of Jefferson as an additional named . insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the County. 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 Revised 01 108/01 CONSULTANT AGREEMENT -2- industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. Covenant Against 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. 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 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. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Public Works PO Box 2070 1322 Washington St. Port Townsend, WA 98368 Revised 01/08/01 CONSULTANT AGREEMENT -3- Notices to Consultant shall be sent to the following address: 16. 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 3rd Day of November, 2008 Consultant County of Jefferson Board of Commissioners Frank Gifford Public Works Director CONSULTANT AGREEMENT October 26, 2008 Matt Tyler Jefferson County Department of Parks & Recreation P.O. Box 2070 Port Townsend, WA 98368 Jim Rough and Associates 1040 Taylor Street Port Townsend, WA 98368 (360) 385 -7118 Scope of Services EXHIBIT A Jim Rough and Associates will provide a team of 10 facilitators f-or each meeting. The facilitators will help meeting attendees be themselves; assuring respectful listening and creative progress. Facilitators will help participants to determine the issues they really care about, and -then help them speak authentically and reflect, so that all "co- sense" our - shared perspectives and innovative ideas together. The Process Four meetings are included in the scope. The meetings are scheduled from 6:00 - 8:30 PM on: • November 5th - Quilcene School Cafeteria • November 6th - Chimacum Elementary School, Multi- purpose Room • November 10th - Port Ludlow Beach Club, Bayview Room • November 12th - Blue Heron Middle School in Port- Townsend _ The facilitators should arrive 30 minute early to help set -up. _75 -100 people are anticipated to be in attendance at each of these:meetings..The beginning will be as a large group with County staff providing an overview of.`the' department's situation and what staff want from the meeting part- icipants. Then, the process will be explained; small groups of 8 -10 will - be - formed and facilitated. The- participants. -will share their- views..Each -small group will determine key themes and articulate their shared concerns and solutions with the larger group to bring closure to the meeting. The Outcomes -- - At the minimum the County will receive solid and creative input from -the community about how they envision the short and long -term future o£ -parks and recreation and how to address the funding issues. Ideally we,will have meeting participants leaving feeling a shared sense of empowerment, involvement, and commitment to moving the department forward in a way that will work for everyone.-The-team of facilitators- -will provide--a-­written report from each meeting that includes a compilation of the notes from the breakout groups. Fees Fee will be $50 per facilitator /consultant /hour. A two and one half hour meeting with ten facilitators would not exceed $1250 including pre /post Page 1 of 2 meeting consultation plus report preparation. We will provide an invoice at the completion of the set of meetings. Billing address Jean Rough 1040 Taylor Street Port Townsend, WA 98368 (360) 385 -7118 jean @dynamicfacilitation.com County Commitment County will to provide adequate easels, markers, easel paper, and any other supplies requested to conduct the facilitation. Preparation for the meetings and checking in between each meeting to assure we are on track and getting the results expected is included in the agreement, To: From: Agenda Date: .Subject: Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request Board of Commissioners Philip Morley, County Administrator Frank Gifford, Public Works Director November 3rd, 2008 Professional Services Contract for Parks and Recreation Town Meetings Statement of Issue: The Parks and Recreation Division of the Public Works Department is proceeding with the Parks, Recreation, and Open Space (PRO Plan) Town Meetings. This agreement is for the consultant, Jim Rough and Associates, to provide facilitators for these meetings. Analysis /Strategic Goals /Pro's Et Con's: Jim Rough and Associates is an established local consultant. Fiscal Impact /Cost Benefit Analysis: This contract is an excellent value for the County. Ten facilitators and Jim Rough will be present at each of the four meetings. Each meeting will cost $1250 for a total of $5000. Recommendation: Approve and sign the agreement. Reviewed By: Philip Morl ounty Administrator Date CONTRACT REVIEW FORM CONTRACT WITH: Jim Rough and Associates for Town Meetings (Contractor/Consultant) CONTRACT FOR: Facilitation Services TERM: NA. For. More Information Contact: Contact Phone #: RETURN TO: Matt in AMOUNT: Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds 332.15.60 576.30.41 Na Na Public Works Matt Tyler (360) 385 -9162 RETURN BY: ASAP. dD PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid H RFP or RFQ X Other Step 1: REVIEW BY RISK�1!I- G £ T Review by: 7 Date Reviewed: (p F1APPROVED FORM Returned for revision (See Comments) Comments Step 2: REVIEW BY Review by: Date Reviewed: APPROVED AS TO FORM Comments Returned for revision (See Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throrghout the contract review process.)