HomeMy WebLinkAbout090214_ca040.50, 4 ConsentAgenda
JEFFERSON COUNTY PUBLIC HEALTH
t 615 Sheridan Street o Port Townsend o Washington o 98368
www,jeffersoncountypublichealth. org
August 12, 2014
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
TO:
FROM:
DATE:
SUBJECT:
AGENDA REQUEST
Board of County Commissioners
Philip Morley, County Administrator
Jared Keefer, Environmental Health Director
Agenda tem — Contr ct Agreement with Clallam County Environmental
Health Department; October 1, 2010 — September 30, 2014;
$534,770.00
STATEMENT OF ISSUE:
Jefferson County Public Health, Environmental Health Department, requests Board approval of the Contract
Agreement Amendment with Clallam County HHS to Amend time of performance from September 30, 2014
to September 30, 2015.
ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S:
Jefferson County and Clallam County HHS, Environmental Health Department entered into an agreement in
2011 to complete tasks associated with EPA Grant PO- 0031000 -1. The agreement is to develop an onsite
septic loan program to repair, upgrade, or replace failing /substandard onsite sewage systems, or connect to
sewer systems. This amendment extends the period of that contract by one year. All other terms of the
original contract remain in effect.
FISCAL IMPACT /COST BENEFIT ANALYSIS:
There is no fiscal impact.
RECOMMENDATION:
JCPH management request approval of the Contract Agreement, Amendment Al between Clallam County
HHS, Environmental Health Department and Jefferson County to extend the contract period through
September 30, 2015.
COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL DISABILITIES 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
Amendment NO. I
TO
Contract Agreement
Between
CL4LLANA COUNTY HEALTH AND HUMAN SERVICES (HHS)
AND
JEFFERSON COUNTY
Whereas, Clailarn County HHS and Jefferson County entered in,to an agreement on April 26, 2011 to
complete tasks associated with a grant from EPA under pO-00JI80Q-1 for C|a||am County tm develop an
onsite septic loan prograim to repa,ir, upgrade, replace failing or substandard onsite sewage systems, or
connection to sewer system.
Whereas, the parties desire to amend the terms of that agreement
h1s mutually agreed that:
The Time for Performance shall be extended to September 3[\2015.
item No. 3. Time for Performance isamended to read:
�shaD�mmen�on���r��� and ����tbm�h�p�m�r3���un|e�
ThisA�naeme
terminated as provided herein. The agreement may be extended beyond September 3U,ZO15upon
mutual written consent oƒ the County and the Contractor.
All other terms and conditions mf the original contract remain ineffect.
The parties signing this amendment:
Jefferson County
-------------------------
John Austin, Chair Date
Jefferson County Board of Commissioners
Approved astm form only Page 1 of 1
Clal|mnm[ounty
Michael C. Chapman, Chair Date
Oa|lamCounty Board mfCommissioners
Approved as to form only
CONTRACT AGREEMENT
'Between
Clnllam County Health Department
And
Jefferson County
t74I17,&PII (
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation hereinafter
referred to as "the County" and the Clallarn County Environmental Health (CCEH), hereinafter referred to as "the
Contractor ", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1„ F19ject pesi g7 gioer. Contractor agrees to perform the services, identified on Exhibit "A ", Statement of
"fork, attached hereto, including the provision of all labor, materials, equipment, and supplies.
2. Seg e ofServiLes. Develop an on --site septic loam program (SLP) to repair, upgrade, replace failing or
substandard onsite sewage systems, or connect to a sewer system. The Contractor will, in furtherance of
"Exhibit "A," Staternent of Work, establish a formal operating agreement with a non- profit community
lending institution to provide an opportunity for owners of onsite septic systems needing repair- located ire
the Dungeness Clean Water District to obtain a low interest loan with repayment terms indexed to the
applicant's financial circumstances. The Contractor will work with the lender to establish procedure and
policy for fulfilling their respective roles, which will be detailed in a SLP Guidelines and Credit Policy
and will administer and track progress of the SIT.
hime or�Performance-. ! `phis Agreement shal'I commence on October 1, 2010 and continues through
September 30, 2�1i4 unless terminated as provided herein. The agreement may be extended beyond
September 30, 2014 upon mutual written consent of the County and the Contractor.
1. PaYnertt, T1'lie Contractor shall be paid by the County for completed work and for services rendered sunder
this agreement as follows:
5, Payment for the work provided by the Contractor shall not exceed $402,070.00 without express written
rriod fication ofthe agreement signed by the County. `1 °he Contractor will provide match funchng at 33°'x,
. This is projected to be a maximum of $132,700.00. Total project expense shall not
to support activities
exceed $534,770.00.
6. Tile Contractor may submit invoices to the Comity once per morith, 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, payr�'rerlt will be made to the Contractor in the amount approved. Estimates ofthe
deliverables that will be generated and implemented by the Contractor are reflected in Exhibit B, to this
Agreement, the budget submitted in the application to the U.S. EPA. Variance in the deliverables
generatcd and implemented by the Contractor from those estimates will not constitute a breach oftlrese
contractcral terms.
7. Invoices will include billing period, award amount, crirnulative billed, current amount be:inu invoiced, and
remaining balance on forins approved by the County. Peceipts, trmesheets, and any other documentatioi7
verifyirrg the invoice arriount will be attached when submitted for payment. Initial, hourly compensation
rates for employees or representatives of the Contractor are reflected on Exhibit B, and those hoLirl�' rates
are subject to change and remain in the control of the Contractor throughout the term of this ,Agreement.
Regardless of the hourly compensation rates set by the Contractor the maximrrm amount payable to the
Contractor established by I)aragraph S above may not be exceeded except With written mutual agreement
by all parties to this Agreement.
LJ
Page 1 of 7
DEPT. DE HEALTH
AND HUMAN SERVICES
O, Fill u\ payment of any balance d tic the Contractor «fthe total contract price earned vvi||hcmudcpnompt|y
upon its usccMalnnmcmz and verification bvthe County after the completion o7the work uo&rthis
agreement and its acceptance hv the County.
9. Puynneut as provided in this section shall be full compensation for work porfbnncd, serviccs rendered and
for all materials, sopp\ies, equipment and incidentals necessary to complete the work,
\O. The Contractor's records and mccount» pertaining tm this a�rcoru�nt are bck�ptuvuJablcf�r inopcction
by repreormtoivcn ofdue[nun\y. a»J' Environmental Proectimm Agcocy(EP&), for pehod of six (5)
-mrx uDor �nu| pmynncn1s (�opicx d�m[lh�mudouvmi|aN� upon ncqu�st
ye .
\ \ The Contractor is required to enuu/e that expenses arid financial records comply with the b«auoiul
guidelines set forth by the Ep/\ in 40CFK Part 3\. OMB Circular A-A7, 0N4B Circular /\')33
12. U otherwise d
Contractor's performance Under Exhibit A this Agreernerit shall be "works for hire" as defiried by the
U.S. Copyright Act of 1976 arid shall be owned by COULIty. These dOCLIMCIAS shall hiclude, but not be
limited to, reports, data, pampillets. surveys, studies, computer prograrns, films, tapes, arid Sound
reproduction, Ownership includes the right to reproduce, disserninate, copyright, register and tile ability
to transfer these rights. The Contractor shall be permitted to retain copies, including reproducible copies,
of drawings arid specifications for information, reference, and LISC in connection with Contractor's
endeavors,
\I uotor shall, � rk/nn�n�tb�scrv�ocscon1�rop|�cd6vth�sa�ro�m�nt, � Conti
faitlifully obsarve arid comply with all federal, ytate, and local |uwx ordinances arid regulations,
upp|iomh\e to the services to be rendered under this aureenaeot.
o. Each party shall defend. indemnify, and hold the other party, its officers, officials, employces and
volunteers harmless from any and all c|uims, i'ymric«, domaa�cs, |uua�s orxui10 including attorney
fees, arising Out Of' ur ill Connection With tile performance of this Agreement, except k`rinyurics
arid damages uumsnd 6v the sole negligence o[mparty�
6. Should m court of competent 'u6ydiu1iu» determine that this /\8rcomuot is subject to RXQW
thun, in db� �v�nt of ]�ubUi�y f�r dnmu��s ur�y�n� no� ofbudi|y irgury � pcoono or
�dumaguy 10 property ruused by or resulting Dnmn the concurrent negligence of the purtics, its
officers, officials, employees, and Volunteers, the party's liability henouadcr shall ho only tothe
extent of the party's negligence. It is further specifically and cxpu:ox|y understood that dlc
iodmm»ificwtino providcd hcnuio constitutes the parties waiver of immunity under IndLIStrial
uo|�|y for d�� Purposes of this h�dcmniOcudmn This vvuivc«�-------
Mutually negotiated 6y the parties. The provisions of this section chuU xmrvivc the cxpirmt�'on (,g-
termination of this Agreement.
lh c Cm�to�ioruhaBoWainuodk��pinf�ozdubn�th��conxo[1h��~ r��mmcnz\5, gslL���. its
membership in the VVmshin'otom Counties Risk Pool as approved by the State Insurance Commissimncr
pursuant to KCVY48.05arid Worker's Compensation as/egui/ed by tile StmteufWushioQ1on,
Relationship fP�ic� CountudCo1x or�rc�t�cyupuindupcodcni |6.
Public entities organized Under tile laws of the State n�VVmab}»gtoo,opuotingpunuuot to the terms and
�omdi\iomoo[1hnAgreement. i4»a8on1,«mp|oyeo, servant or representative orone party shall hedccmud
to be all agent, employee, servant or representative of the other party for any PLArpose, As such, each
party \sso�dIandonhoc|y��spouoib|m��ritooc1».aodtbcuutxmf��nu0onts, employee, servants or
Page zof/
Clallarn County Environmental Health _&Jeffgrsor1-Q nt
gj�
gont.ract Agr_eemen-1----�--.----- isible for withholding or
-n of this Agreement. The County shall not be respoi;
e during tile terl C�
representative C� federal income tax or social security or for contributing to the state industrial
otherwise deducting therwise assuming the duties Of an employer with respect to Contractor, or anv
insurance Prograrn, 0
employee of Contractor.
ioli Prohibited. 'I'lie Contractor, with regard to the work performed by it Linder th 1S allreernent,
17. Discriminat —J�--. ,
i�N discriminate on the ,rounds of race, color, national origin, religion, creed, age, sex, or the
will not 11
presence of any physical or sensory handicap in the selection and retention of or procureille t
of materials or supplies.
T Ile County reserves tile right to terminate this contract in whole or in part, Without Prior
18. TermJ11ati on. in the event that expected or actual funding frorn any funding source is withdrawn,
written notice,
in any way after the effective date of this agreement, In the event of termination under
reduced, or limited
this clause, the County shall be liable for only payment for services rendered prior to the effective date of
termination.
'This agreement may also be terminated as provided below:
i. With 30 days notice by the Jefferson County Board of County Commissioners for any
reason, or
With 30 days notice by the Jefferson County Board Of County COMMISSIOnerS for non-
performance of the specific job duties in Exhibit A.
with 30 days notice by the Contractor for any reason.
19, lnt A reem ent. This Agreement together with attachments or addenda represents the entire and
Ag
integrated agreement between the County and the Contractor and supersedes all prior. ne,7- gotiations,
01' agreements written or oral. This agreement may be amended only by written
representations, t,
instrument signed by both County and Contractor.
Page 3 of 7
Contra ct Clallan COUnty Environmental Heahh & Jefferso—n - - — Coun j
y
DATED this
day of _)-11- ' 2011.
By
chm'r
Jeff f) 3oard of County Commissioners
By
Howard V Doherty, Jr.,
Claliani Board ofCoUrItY Commissioners
By
Sti.eila Miller,
Clallarn COUnty DCD Dircc'&—r-
Attested'— Uj-
,WtV=t;z/Clerk of the Board
A proved as to forrn'. 314 2-9 J Approv
David Alvai ez, Ch icf Civil ,'P'A lallaj
n
Page 4 of 7
ProseCL[Iiing Attorney
Exhibit A
Statement of Work
includes the Clean Water Districts (CWD) adopted by Jefferson County and
The project area for shellfish protection Linder RCW90.72 including, but not limited to, the
Clallarn. County n Water District. The project area extends from the Jefferson-Mason County line on
Dunv,eness Clean -Morse Creek divide in Clallarn County, encompassing
Hood Canal north and west to the Bagley
' 10 miles of marine shoreline. This include s portions of the Hood Canal and the Strait of Juan
over ) nd Partnership (PSP) Action rea s.
de Fuca Puget Sou
t with a non-profit community development
A. CCEI-1 will establish a for Tria i I operating agreemen gram will provide an opportunity
finance institution for a Septic Loan Program (SLP), The prot"
of onsite Septic systems needing repair located in the Dungeness CW o obt in a
for owners 1,
low interest loan with repaYment terrns indexed to the applicant's financial circ mistances, The
loan must be used to resolve existing sewage disposal issues, through repair, upgrade,
replacement, or connection to a community sewer system. Timeline — following development of
agreement with lender.
B. CCF1l will work with the lender to establish procedure and policy for fulfilling their respective
roles, which will be detailed in a SLP i Guidelines and Credit Policy. At minimum, the lender will
undertake all lending functions associated with the SLP. It will be responsible for management
of all aspects of loan delivery, customer service, loan management, reporting, and compliance,
Timeline — year I - approximately 15 OSS owners, Grant
c CcEll will administer and track progress of the SLP foi
funds will be used to capitalize loans and loan loss reserves. Fifteen peyeent (15%) of each loan
amount shall be expensed at loan closing for deposit to a restricted account for the purpose of
funding ongoing monitoring of the subject OSS. Subsidized interest rates and flexible repayment
terms, will be offered to qualified borrowers making less than 90% of the Median Household
Income (N4Hl). 'rimeline — years 2-4 as funding allows.
D. CCEH will provide the primary marketing and outreach of the SLP to property owners in the
CWD. Timeline — throughout the project period.
NEH and jCPH will collaborate with OSS Professionals including designers, installers, and
Maintenance (OW providers to provide training concerning OSS requirements
()peration &
and refine established MRA-speci 'fie policies/standards for evaluating, quantifying, reporting and
I-epair . 117q, septic systems. Timeline — years I and 2, will continue as needed.
,vhi S.'statel-rient of Work" may be applicable to other contracts distinct from this one.
Page 5 of 7
Clallam Coupt
_�EnyiLqnmental Health &��er§on.Co
CO11traCt?�&(c,.!,,_Mtnt
Required Performance:
1. Submit a public outreach plan to the County which describes methods that will be criplOyed to
contact project area residents and inform them of Contractor programs. (January 201
2, Submit a "prioritization" plan that details how properties and projects will be prioritized to
maximize water quality benefits. (January 2011)
Maintain (ongoing, through the project) a spreadsheet that details the following by property:
contacts" or "attempted contacts" with the property owner;
• The priority of the property relative to protection of surface or ground waters,
• Whether a Loan was applied for or approved
• Most proximate water body being protected or improved
Reference to specif is properties shall be done in such a way as to protect the privacy and
confidentiality of participants.
4. Prepare and submit semi - annual reports (no later than the 15th of the month following the end of
the reporting period) to the County that details the information recorded in the above
spreadsheet, and the following information:
If available, provide results of any water quality testing completed in the vicUiity of the
project both up and down gradient of the project and before and after the project.
Any workshops for the public or professionals, mailings or other public Outreach
activities conducted during the reporting period.
5. Submit a final report to the County no later than September 15, 2014.
Page 6 of 7
CVallaM_CcLuqty-E-n-v—'Lg-n—rl rental -Ue—alth && Jefferson County
gontract Agree�
_Ten
Exhibit B
Budget as submitted to the United States Environmental Protection Agency (see below)
Contractual — Non-profit lender for Septic Loan Program - $402,070
Ciallain County Environmental Health
Grand "l $402,070
Non-Federal Match $132,700
Page 7 of 7