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HomeMy WebLinkAbout081114_ca02Department of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Direct7l"'/ Agenda Date: August 11, 2014 Subject: Professional Services Agreement for Government Relations - Seeking Resources for the Upper Hoh Road Statement of Issue: The professional services agreement executed on July 9, 2012 between Jefferson County and Strategies 360, Inc. has expired. A new agreement is proposed for continuing government relations assistance in conjunction with continuing efforts to bring resources to the first twelve miles of the Upper Hoh Road, from U.S. 101 to the boundary of Olympic National Park. The County has made significant progress on this matter, including the execution of road management Memorandum of Understanding in 2011 among the Federal and State partners in the Upper Hoh Road Interagency Working Group, the acquisition of over $3.4 million in 100% Federal Public Lands Highways Discretionary Program funding for vital culvert replacement projects on the Upper Hoh Road and 2013 Federal Lands Access Program (FLAP) funding for $12.97 million for infrastructure protection projects performed by Western Federal Lands division of FHWA. In order to maintain momentum and reach a long -term solution for the management of the Upper Hoh Road, a new agreement is warranted that continues the effort through December 2016. Analysis /Strategic Goals /Pros ft Cons: Over 80% of the traffic on the Upper Hoh Road is generated by Olympic National Park, with the Hoh Rain Forest generally recording between 200,000 and 300,000 visitors per year. The first 12 miles of the Upper Hoh Road are arguably the most difficult and expensive roadway to operate in Jefferson County and historically Federal participation was limited to partial reimbursement for qualifying emergency events. The primary use and environmental challenges of this road clearly point to a need extending beyond the County, particularly in an era when local resources are strained to the breaking point. Department of Public Works O Consent Agenda Page 2 of 2 Public Works proposes a government relations contract to continue work towards securing increased assistance from the appropriate Federal and State agencies for the Upper Hoh Road. Fiscal Impact /Cost Benefit Analysis: The contract is for monthly services through December 2016 with a maximum total value of $50,000. Since 1998, this road has required approximately $13.5 million averaging approximately $850,000 per year. Recommendation: The Board is requested to sign the three originals of the professional services agreement. After signing, return two fully- executed agreements to Public Works for distribution to the consultant and for the Department's project file. Department Contact: Zoe Ann Lamp, Transportation Planner 385 -9162 Reviewed By: p Morl §y ounty Admi Date PROFESSIONAL SERVICES AGREEMENT FOR LEGISLATIVE LIAISON SERVICES TO PURSUE ROAD MANAGEMENT RESOURCES FOR THE UPPER HOH ROAD 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 Designation. The Consultant is retained by the County to perform professional consultation services in connection with the project designated "Upper Hoh Road Management." 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 "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $50,000.00 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. d. 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 CONSULTANT AGREEMENT Page 1 of 9 G'Transportation,Upper Hoh Rd Mgmt Transfer%Gov't Relations - Strategies 36MContract & scopeQ014 AgreementtProfessional Services Agreement - Hoh 2014 docx rev. 07/14/2014 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. The 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 amount 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. CONSULTANT AGREEMENT Page 2 of 9 G \Transportation \Upper Hoh Rd Mgmt Transfer \Gov't Relations - Strategies 360 \Contract & scope\2014 Agreement\Professional Services Agreement - Hoh 2014.docx rev. 07/14/2014 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. 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. CONSULTANT AGREEMENT Page 3 of 9 G' �Transportation \Upper Hoh Rd Mgmt Transfer \Gov't Relations • Strategies 360 \Contract & scope\2014 AgreementTrofessional Services Agreement - Hoh 2014.docx rev. 07/14/2014 If the proof of insurance or certificate 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. 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. 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 CONSULTANT AGREEMENT Page 4 of 9 G. \Transportation \Upper Hoh Rd Mgmt Transfer \Gov't Relations - Strategies 160 \Contract & scope\2014 Agreement\Professional Services Agreement - Hoh 2014.docx rev. 07/14/2014 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 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Strategies 360, Inc. 1505 Westlake Ave N #1000 Seattle, WA 98109 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. CONSULTANT AGREEMENT Page 5 of 9 G \Transportation \Upper Hoh Rd Mgmt Transfer \Gov't Relations - Strategies 3WContract & scopeL014 Agreement\Professional Services Agreement - Hoh 2014 docx rev. 07/14/2014 SIGNATURE PAGE PROFESSIONAL SERVICES AGREEMENT FOR LEGISLATIVE LIAISON SERVICES TO PURSUE ROAD MANAGEMENT RESOURCES FOR THE UPPER HOH ROAD DATED this SIGNATURE PAGE day of , 2014. Consultant Strategies 360, Inc. Eric Sorenson, President Date JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member Approved as to orm only: Q�, David Alvarez 0 Date Deputy Prosecut' Attorney A— Mon a Binders, P.E. Date Public Works Director /County Engineer CONSULTANT AGREEMENT Page 6 of 9 G.\ Transportation \Upper Hoh Rd Mgmt Transfer\Gov't Relations - Strategies 360\Contract & scope\2014 AgreementTrofessional Services Agreement - Hoh 2014.docx rev 07/14/2014 EXHIBIT "A" SCOPE OF SERVICES The Consultant will provide strategy development, legislative liaison, and communications services to achieve the following project goal and outcome: GOAL Bring more resources and management capabilities to the Upper Hoh Road in order to provide for secure access for residents, landowners, businesses and Olympic National Park (ONP) visitors. Strengthen the Federal and State commitment to the collaborative management of the first twelve miles of the Upper Hoh Road, from U.S. Highway 101 to the ONP boundary. PROJECT IMPETUS Over 80% of the traffic on the Upper Hoh Road is generated by ONP, with the Hoh Rain Forest generally recording between 200,000 and 300,000 visitors per year. The first 12 miles of the Upper Hoh Road is arguably the most difficult and expensive roadway to operate in Jefferson County and Federal participation is limited to partial reimbursement for qualifying emergency events. The primary use and environmental challenges of this road clearly point to a need extending beyond the County, particularly in an era when local resources are strained to the breaking point. 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: • Engage federal delegation as necessary to ensure successful completion of $13 million Federal Lands Access Program (FLAP) project and ensure funding remains in place and secure as complex project issues are resolved. • Implement agreed upon strategy and advocate support to meet project goals and objectives. Continually monitor progress towards achievement of goals and objectives. Continually adjust strategy and action items, as circumstances require and with concurrence of the County. • General on call services including but not limited to ensuring compliance of the Memorandum of Understanding: Upper Hoh Road Interagency Working Group (recorded June 27, 2011, AFN 560702) by all federal and state partners, support for additional resources through Federal Land Access Program (FLAP) or other federal and state programs, additional strategic guidance to keep the Federal Government land managers and transportation managers engaged in developing solutions to ensure access to Olympic National Park (ONP) and residents. • Secure funding for road reconstruction in an emergency washout event. CONSULTANT AGREEMENT Page 7 of G \Transportation\Upper Hoh Rd Mgmt Transfer \Gov't Relations - Strategies 360Contract & scope\2014 Agreement\Professional Services Agreement - Hoh 2014.docx rev. 07/14/2014 • Arrange for meetings and testimony of County staff and/or County Commissioners to advocate support for the realizing the project goal, as needed. • Meet with Federal elected officials, State elected officials, and local elected officials to develop support and familiarity with the situation and desired outcome. • Arrange for discussions with stakeholders including affected West End residents and business owners, ONP, WFLHD, the Hoh Tribe, the Hoh River Trust, the City of Forks, the Federal Highway Administration (FHWA), WSDOT, and the Washington State Department Fish and Wildlife (WDFW). Solicit support and address concerns. • Assist with maintenance of continual communication with stakeholders, negotiation of agreements, and development of information and outreach materials and strategies for constituents. • Assist the County, as needed, to negotiate interim solutions to Upper Hoh Road management challenges with associated stakeholders until such time as a long -term solution is achieved. • Assist the County, as needed, to negotiate a long -term agreement that designates WFLHD or ONP as the proactive manager of the roadway in terms of capital projects and emergency repairs, essentially as if the road were inside the boundary of the National Park. TIME FOR PERFORMANCE The contract period for this Agreement expires on December 31, 2016. 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 on a monthly basis written progress reports that describe recent activities, accomplished objectives, planned activities, identified issues, anticipated milestones, future action items and recommended actions. • At each six -month interval of the contract term, provide a summary report that describes the state of the problem; accomplishments toward achieving the objectives; and modified strategies, action items and schedule, as circumstances require, to achieve the goal. PROJECT TEAM • Strategies 360, Inc. Senior Vice President Paul Berendt will serve as the lead for the Consultant on the project. The Consultant team will include Washington DC -based Senior Vice President Tylynn Gordon, Washington DC -based Senior Federal Relations Associate Julie Goldrosen, and others as selected by the Consultant and the County. • Transportation Planner Zoe Ann Lamp, AICP, will serve as the project manager and point of contact for the County, with direct involvement of the Public Works Director and County Engineer. CONSULTANT AGREEMENT Page 8 of 9 G1Transponation \Upper Hah Rd Mgmt Transfer \Gov't Relations - Strategies 360 \Contract & scope\2014 AgreementTrofessional Services Agreement - Hoh 2014.docx rev 07/14/2014 EXHIBIT "B" CONSULTANT FEE DETERMINATION ADDITIONAL TERMS • The County agrees to pay the Consultant for services Consultant performs pursuant to this Agreement according to an hourly billing schedule over the approximately 30 -month contract period, with a maximum total payable amount of $50,000. • The County agrees to pay the Consultant at a rate of $200 per hour for services outlined and described in this Agreement. The monthly service is anticipated to average 8 hours per month. 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 and types of services provided 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 AGREEMENT Page 9 of 9 G \Transportation \Upper Hoh Rd Mgmt Transfer \Gov't Relations - Strategies 360 \Contract & scope\2014 AgreementTrofessional Services Agreement - Hoh 2014.docx rev, 07/14/2014