HomeMy WebLinkAbout060914_ca02Consent Agenda
JEFFERSON COUNTY PUBLIC HEAL rl,11.1
615 Sheridan Street o Port Townsend 0 Washington o 98368
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May 23, 2014
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environment Health Specialist II
DATE:
X
SUBJECT: Agenda Item — Agency Agreement with Florian Graner Sealife
Productions to fulfill Task 10, Amendment #1, NPC MRC Administration
and Projects, WDFW Grant #13-2200; April 1, 2014 — June 30, 2014;
$4,369.00
STATEMENT OF ISSUE:
Jefferson County Public Health, Environmental Health Department, requests Board approval of the Personal
Services Agreement with Florian Graner, Sealife Productions for one time production of a 15-minute
elementary school video as required in Task 10, Amendment #1, WDFW Grant #13-2200. Agreement takes
effect April 1, 2014 for the duration of the Grant period, June 30, 2014. Total expenditure is not to exceed
$4,369.00 and is fully funded by the WDFW Grant #13-2200.
ANALYSIS/ STRATEGIC GOALSIPRO'S and COWS:
This Agreement fulfills Task 10 in the production of an outreach and educational video geared to
elementary school-aged children, Sole Source Provider, Florian Graner, Sealife Productions will use high
definition film technology to produce the video. Funding reflects a portion of additional funds awarded in
Amendment #1 to WDFW Grant #13-2200, not to exceed $4,369.00. The video is to be posted on the
internet and distributed to schools and committee partners. Funds will be used to pay for salaries, benefits,
and supplies.
FISCAL IMPACTICOST BENEFIT ANALYSIS:
The contract is fully funded by WDFW Grant #13-2200, Amendment #1
COMMUNITY HEALTH ENMONINIEN �'N, HEAPI]i
DEV1E1[.1()PMEPqTN DISAMURES PUBLIC HEALTH WATER QUAUTY
MAft (3(301i 385-9400 ALWAYS WORKING FOR A SAFER AND MAIN�! (360) 385,944A
FAX: (3610i 385 94�&1 HEALTHIER COMMUNITY F:Ak (360) 37,94487
Consent Agenda
RECOMMENDATION:
JCPH management request approval of the Personal Services Agreement, April 1, 2014 – June 30, 2014,
between Florain Graner Sealife Productions and Jefferson County to produce an educational video for
elementary school-aged children—Task 10, Amendment #1 WDFW Grant #13-2200, NPC MRC
Administration and Projects.
REVIEWED BY,.,---)
Philip Morl�. ounty Adminis ator
ME
,sa JEFFERSON COUNTY PUBLIC HEALTH
615 Sheridan Street o Port Townsend o Washington o 98368
www.jeffersoncountypublichealth.org
TO: Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Specialist II
DATE: May 29, 2014
SUBJECT: Personal Service Contract with Florian Graner Sea Life Productions—
Sole Source Justification
Water Quality requests approval of this agreement, to create a video for children about the
undersea life of the North Pacific Coast of Washington for the North Pacific Coast Marine
Resources Committee, as a sole source procurement as required under JCC 3.55.170 and
Chapter 15 of the State Administrative and Accounting Manual (Olympia, WA 2007 -2008) for
the following reasons:
Mr. Graner is uniquely qualified to provide the footage to create this video. He has filmed
underwater sequences for the BBC (The Blue Planet), PBS (Living Edens), National Geographic
(Noway's Hidden Secrets), Discovery Channel (American Shark), Animal Planet (Wild Russia),
NOAA (work in response to the BP oil spill and Indo - Pacific Lionfish invasion to the Atlantic
Ocean), Kiro 7 (Secrets in the Sound) and others. He has won numerous film awards, including a
UNESCO Prize at the 301" World Festival of Underwater Images.
Mr. Grainer has offered to donate the use of his original high definition footage and to allow the
NPC MRC membership to make it available at no charge over the Internet and in other formats
directly to schools. The value of footage of this caliber and for these uses, if purchased from
stock video companies, is estimated at $20 /per second which equates to a matching amount of
$18,000.
Very few divers have the expertise or willingness to endure the undersea conditions of the
outer coast of Washington for the extended periods needed to capture a wide diversity of
wildlife and behaviors. Mr. Graner collected the images he plans to incorporate into the video
using "rebreather" equipment (no bubbles which would disturb wildlife). Use of this specialized
equipment involves additional expense and a separate, advanced skill set over traditional
SCUBA.
Mr. Grainer lives locally and is personally invested in the future of marine waters around the
Olympic Peninsula and will help promote this video and awareness of the uniquely productive
and diverse ecosystems found on the outer coast of Clallam and Jefferson counties.
COMMUNITY DEEVE OPM NTALDSABILITIES PUBLIC HEALTH ENVIRONMENTAL HEALTH HELTH
WATER QUALITY
MAIN: (360) 385 -9400 ALWAYS WORKING FOR A SAFER AND MAIN: (360) 385 -9444
FAX: (360) 385 -9401 HEALTHIER COMMUNITY FAX: (360) 379 -4487
Mr. Graner also has a PhD in marine biology and, consequently, is uniquely suited to be the
primary author of the script — a service he is also providing. Mr. Graner is also an experienced
producer and editor.
We feel that Florian Graner Sealife Productions may be awarded this contract without
competition because this company is uniquely willing and capable of providing high quality
video of our local underwater environment — including images collected at night and at great
depth — as donated match and will also provide important related expertise and services that to
help ensure that the project video is well -made, well- received and distributed as widely as
possible.
COMMUNITY HELTH
OPM NTAL DISABILITIES PUBLIC HEALTH ENVIRONMENTAL HEALTH
ALWAYS WORKING FOR A SAFER AND WATER QUALITY
MAIN: (360) 385 -9400 MAIN: (360) 385 -9444
FAX: (360) 385 -9401 HEALTHIER COMMUNITY FAX: (360) 379 -4487
PERSONAL SERVICES AGREEMENT
Between
Florian Graner Sealife Productions
and
Jefferson County
THIS AGREEMENT is entered into between the County of Jefferson a municipal corporation,
hereinafter referred to as "the County", and Florian Graner Scalife Productions, hereinafter
referred to as "the Subcontractor", in consideration of the mutual benefits, terms, and conditions
hereinafter specified.
1. Proiect Desigg nation. The Subcontractor is retained by the County to produce a 15-minute
video for elementary school — aged children about the undersea wildlife of the North Pacific
Coast of Washington State as an outreach and educational tool for the North Pacific Coast
Marine Resources Committee (NPC MRC). The video will be posted on the Internet and
distributed to schools and committee partners. These personal services are funded by a grant
from the Washington State Department of Wildlife (DFW) Grant 13-2200.
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 April 1, 2014 and continues
through June 30, 2014 unless terminated as provided herein. The agreement may not be
extended beyond June 30, 2014.
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 $4,369.00
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 DFW grant. If funding from DFW 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 once per month, but not less than
quarterly, during the progress of the work for work completed to date. 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,
Page I of 6
NPC MRC Florian Griner Sealife Productions — Niorth Pacific Coast Kids' Video 2014
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
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. All rights connected to the original video materials remain with
the Subcontractor, Jefferson County and the NPC MRC have the rights to distribute the
video on the Internet and to schools and partners. No commercial broadcast is allowed.
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, indemnify 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.
c. Insurance policies and additional named insured endorsements obtained for the
Subcontractor shall provide primary insurance coverage and also be non-contributory.
Any insurance, self-insured retention, deductible or risk retention maintained or
Page 2 of 6
NPC MRC. Florian ,. Graner SLearLfe 'Productions — North Pacific Coast Kids' Video 2.014
participated in by the County shall be excess and not contributory to such insurance
policies. All subcontractor's liability insurance policies must be endorsed to show this
primary coverage.
d. Any insurance, self-insured retention, deductible or risk retention maintained or
participated in by the COUNTY shall be excess and shall be non-contributory to the
insurance policies provided by the SUBCONTRACTOR in order to comply with the
insurance requirements of this Subcontract. All policies provided by the
SUBCONTRACTOR in order to comply with the insurance requirements of this
Subcontract must be endorsed to show this primary coverage.
9. Inde ndent contractor. The Subcontractor and the County agree that the Subcontractor is an
2e
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 Proh bit d h Subcontractor, with regard to the work performed by it under
the grounds
this - will not discriminate on of race, color, national origin, religion,
h agreement,
'ical 01. s�
creed, Is r h sensory handicap in the selection and
age, sex, 0 the presence of any p I
retention of employees or procurement 0 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.
Page 3 of 6
NPC M Kids' Video 2014
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 day of
By John Austin, Chair
Jefferson Board of County Commissioners
By Florian Graner, Ph.D
Florian Graner Sealife Productions
4021 Beach Drive
Freeland, WA 98249
2014
APPROVED AS TO FO
Civil IPA David Alvaro'
are
Ph: 360/730-169,1; florian@sealife-productions.com
Attest/Authenticated:
Carolyn Avery, Deputy Clerk of the Board
Page 4 of 6
Coast Kids' Video 2014
Exhibit A: Scope of Work
Florian Graner Sealife Productions will produce a 15-minute video for a general audience of
elementary school — aged children about the undersea wildlife of the North Pacific Coast of
Washington State as an outreach and educational tool for the North Pacific Coast Marine
Resources Committee (NPC MRC) and to inspire stewardship. The video will include high
definition video of animals and environments associated with the North Pacific Coast such as sea
lions, harbor seals, rock fish, sea and river otters, kelp forests as well as surf and benthic zones.
The video will also include narration, music, and title/credit graphics and the NPC MRC logo.
The Subcontractor will provide five (5) copies of the video on portable flash drives.
Task I — Script a a-,
The Subcontractor will develop a film treatment and script and,
time allows, provide an opportunity for the NPC MRC to comment at key points.
Deliverable: Script
Due: July 7, 2014
Task 2 — Video. The Subcontractor will provide the finished video on flash drives.
Deliverable: Video
Due: July 7, 2014
1
Task 3 — Tnvoicin and
Authorizations. The Subcontractor will submit all invoices.
Deliverable: Invoice(s), authorization.
Due: June 30, 2014
Page 5 of 6
NPC MRC Florian Graner Sealife Productions — North Pacific Coast Kids' Video 2014
CATEGORY
Detail
In-Kind Contributions
Costs
Personal
Services Fee
$4,169
$2,131
$6,300
Use of video footage based on stock
Copies of video
rate of $201sec for 15 minutes:
Su files
$200
$18,000
$18,200
—Travel —
Contracted
Services
Total In-Kind
Total Cost
$4,369
$20,131
$24,500