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HomeMy WebLinkAbout011314_ca03Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director,/,, , Agenda Date: January 13, 2014 Subject: Contract - Strategies 360 Legislative Services - Port Hadlock Wastewater System Statement of Issue: Execution of a contract with Strategies 360, a legislative liaison firm based in Olympia and Washington D.C., to continue work to bring state and federal attention and funding to the Port Hadlock Wastewater System project. Analysis /Strategic Goals /Pro's ft Con's: The Port Hadlock Wastewater System is the County's top priority infrastructure project, intended to provide urban services to the Port Hadlock and Irondale areas which will allow urban zoning and growth. It is essential that substantial state and federal funding be obtained to offset customer charges. Fiscal Impact /Cost Benefit Analysis: A maximum of $85,000 over a 24 -month period. Strategies 360 has been very effective in developing legislative and congressional support for the County on this and other projects already, including a $1,000,000 SAAP grant from the federal government in 2010 for the Port Hadlock Wastewater project. Recommendation: Sign the three (3) contracts where indicated and return 2 originals to Public Works for final processing. Department Contact: Monte Reinders, Public Works Director /County Engineer 385 -9242 Reviewed By: flip Mo ley County Admini trator Date �_ PROFESSIONAL SERVICES AGREEMENT FOR LEGISLATIVE LIAISON SERVICES PORT HADLOCK WASTEWATER SYSTEM PROJECT THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County ", and Strategies 360, Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Desi nag tion. The Consultant is retained by the County to perform professional consultation services in connection with the project designated "Port Hadlock Wastewater System." Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 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 ". Contract shall expire at the end of the day on December 31, 2015. 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 "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed Eighty -Five Thousand Dollars ($85,000) 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. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. C. 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 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 Page I of 9 revised 12/17/2013 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. 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. Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. 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. General Commercial Liability Insurance in an not less than a single limit of one million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual /Commercial Liability — including completed operations; d. Premises — Operations Liability (M &C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self - insurance through an irrevocable Letter of Credit from a qualified financial institution. Page 2 of 9 revised 12/17/2013 Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. Any deductibles or self - insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self - insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Consultant to take out and /or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. 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 so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any insurance coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non - contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. If the proof of insurance or certificate of coverage indicating the County is an "additional insured" to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of this Agreement The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. Page 3 of 9 revised 12/17/2013 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 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. Page 4 of 9 revised 12/17/2013 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 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. Page 5 of 9 revised 12/17/2013 DATED this day of Consultant Er1C �h V--c- vi V,r"n (Please print) (Signature) 17 Leta (Date) SIGNATURE PAGE 201 County of Jefferson Board of Commissioners John Austin, Chair Phil Johnson, Member David W. Sullivan, Member �proved tom only: David Alvarez Date Deputy Prosecuti ey �.Z • /f /3 Mo finders, P.E. Date Public Works Director /County Engineer Page 6 of 9 revised 12/17/2013 EXHIBIT "A" SCOPE OF SERVICES The Consultant will provide strategy development, legislative liaison, and communications services to achieve the following project goal and outcome: PROJECT GOAL Implement state and federal funding strategy for the Port Hadlock Wastewater System with the objective of securing state and federal funding for the Port Hadlock Wastewater System in order to bring down final cost to sewer customers. GENERAL SERVICES In an effort to meet objectives and the project goal, the services that the Consultant is requested and agrees to perform include, but are not limited to, the following: • Implement agreed upon strategy and advocate support to meet project goal and objectives. Continually monitor progress towards achievement of goals and objectives and adjust strategy and action items as circumstances require and with concurrence of the County. • Monitor and investigate opportunities for state and federal appropriations. • Maintain contact with key state legislative representatives, legislative committees and staff to. raise awareness of project needs and pursue funding opportunities. • Maintain contact with federal congressional representatives and staff to raise awareness of project needs and pursue funding opportunities. • Collaborate with project team regarding funding strategy and opportunities for state and federal program funds. • Provide local strategic advice; assist with media relations and coalition building. • Assist with the development of project information and outreach materials to meet specific needs of state and federal funding strategies. TIME FOR PERFORMANCE The contract period for this Agreement shall expire at midnight on December 31, 2015. This will allow work to continue through the state's 2015 legislative session. Should project goals and objectives be met prior to the maximum contract period, Consultant work will cease at the County's notification according to the terms specified herein. DELIVERABLES Provide monthly written progress reports that describe recent activities, accomplished objectives, planned activities, identified issues, anticipated milestones, future action items and recommended actions. COMMUNICATIONS Consultant will participate in a phone -in strategy session at the beginning of each month with the County to discuss work anticipated to occur that month and estimated level of effort and costs. Page 7 of 9 revised 12/17/2013 PROJECT TEAM Strategies 360, Inc. Senior Vice President Paul Berendt will serve as the lead for the Consultant on the project. Monte Reinders, Public Works Director /County Engineer or his designated representative will be the point of contact for the County. Project Consultant Team will participate in strategy, outreach materials and communications — Kevin Dour, Tetra Tech; Katy Isaksen, Katy Isaksen & Associates; Robert Wheeler, Triangle and Associates. Page 8 of 9 revised 12/17/2013 EXHIBIT `B" CONSULTANT FEE DETERMINATION The County agrees to pay the Consultant for services Consultant performs pursuant to this Agreement according to an hourly billing schedule over the term of the contract period, with a maximum total payable amount of $85,000. The County agrees to pay the Consultant at a rate of $200 per hour for services outlined and described in this Agreement. In no case shall the compensation exceed $5,000 per month without prior written consent of the County. The Consultant shall provide an invoice to the County indicating the number of hours of service in the previous month. The rate of compensation shall be billed per hour per government relations team member, whether located in Seattle, WA or Washington, DC. The hourly rate shall cover all services provided each calendar month, including costs associated with clerical administration, copying, postage or other delivery, and travel. The Consultant shall be responsible for all expenses associated with performing services pursuant to this Agreement. Consultant will participate in a phone -in strategy session at the beginning of each month with the County to discuss work anticipated to occur that month and estimated level of effort and costs. Page 9 of 9 revised 12/17/2013