HomeMy WebLinkAbout092214_ca10JEFFERSON COUNTY PUBLIC HEALTH Consent Agenda
615 Sheridan Street o Port Townsend o Washington o 98368
www.jeffersoncountypublichealth.org
August 21, 2014
JEFFERSON COUNTY
COUNTY COMMISSIONERS
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jean Baldwin, Director
DATE:
SUBJECT- Agenda Item — Memorandum of Understanding between Olympic
Region Clean Air Agency (ORCAA) and Jefferson County for Cubicle
Space at Jefferson County Public Health; July 7, 2914 until terminated.
ST
Jefferson County Public Health requests Board approval of the Memorandum of Understanding with Olympic
Region Clean Air Agency to provide cubicle space for ORCAA employee Pinky Mingo in the public health
building at 615 Sheridan Street, Port Townsend, WA in exchange for 10 hours of in-house work per month
for Jefferson County Hazardous Waste Division.
ANALYSIS STRATEGIC and COWS:
By providing space for Ms. Mingo, an ORCAA employee, in the public health building at 615 Sheridan Street,
Jefferson County Public Health, Environmental Health will have 10-hour monthly benefit of Ms. Mingo's
Hazardous Waste expertise.
F1 BENEFIT ANALYSIS:
There is no fiscal impact,
R
JCPH management request approval of the MOU with ORCAA for ORCAA fulltime employee Pinky Mingo's
cubicle space at Public Health, 615 Sheridan Street in exchange for to hours of in-house work per month to
be performed for Jefferson County Hazardous Waste Division by Pinky Mingo.
REVIEWED-BY:
'
Philip mo r6y—, c ounty:) Admin1`strator_-,- Date
COMMUNITY HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL MSABILITIES PU w Y���� WATER QUALITY
MAIN: (360) 385-9400 NG FOR A SAFER AND MAIN: (360) 385-9444
FAX: (360):385 -9401 HEALTHIER COMMUNITY FAX: (360) 379-4487
Memorandum of Understanding Between
Jefferson County Public Health and Olympic Region Clean Air Agency
This Memorandum of Understanding (MOU) is entered into by and between Jefferson County
Public Health ("JCPH") a division of Jefferson County, a political subdivision of the State of
Washington, and the Olympic Region Clean Air Agency (ORCAA), ("the Parties").
A. Purpose, This MOU describes the use and occupancy agreement for cubicle space to be
used by ORCAA employee Pinky Mingo ("Employee") at the JCPH, located at 615
Sheridan Street, Port Townsend WA.
B, Compensation: In lieu of rent or any form of compensation, ORCAA will and does
authorize the Employee, a full-time ORCAA employee, to provide 10 hours of services
per month on behalf of ORCAA to JCPH.
C. Status; Employee shall remain at all times an employee of ORCAA and shall not be
considered an employee of Jefferson County and is therefore not entitled to any benefits,
privileges or rights that would otherwise belong or accrue to a Jefferson County
employee pursuant to or arising from law, regulation, county policy or any collective
bargaining agreement. Employee shall receive no compensation from Jefferson County.
D. Roles and Rest�onsibilities of the Parties.
I . JCPH will provide a furnished cubicle space at the Department of I lealth in the
Administrative area for fulitime use by ORCAA employee, Pinky Mingo. JCPH will
provide a telephone, computer, and any equipment needed to support the 10 hours of
services per month to JCPH. JCPH retains the authority to move Employee from one
cubicle to another cubicle also located within its offices as needed as long as the same
technology is provided to the Employee and at least 80% of the amount of space
initially provided to the Employee is also provided to the Employee by the second or
any subsequent Cubicle.
2. ORCAA will provide a laptop computer, a scanner, a printer, and telephone for the
Employee's ORCAA work. This technology will be distinct from and not connected
to or protected by the County's servers or firewall and shall be maintained solely by
ORCAA personnel. ORCAA shall be responsible for providing Employee with
internet access for work as an ORCAA employee.
3. ORCAA will report to State L & I the hours Employee spends providing services on
behalf of'ORCAA.
4. ORCAA will provide 10 hours per month of technical assistance to the Jefferson
County Hazardous Waste Division, to be accomplished by the Employee. No
additional hours of service beyond the 10 hours shall be provided to JCPH by
ORCAA's employee under this MOU, except by written amendment to this MOU
executed by both parties. The 10 hours of service per month to JCPH will be
accomplished by the Employee within the office, No travel, or work in a location
other than the JCPH premises is authorized.
5. The Employee will keep track of the time she spends providing ORCAA's services to
JCPH, and will report same to JCPH and ORCAA in the manner required by those
agencies. Though flexible, ORCAA prefers the time be utilized at a minimum of two
hour increments.
E. Hold Harmless Clause: Responsibility, Indemnity and Hold Harmless. Each party
("Indemnitor") shall be responsible to the other Indemnitor and to third-persons for the
Employee when the Employee is performing services for that Indemnitor under the terms
of this contract. Each Indemnitor shall defend, indemnify and hold harmless the other
Party and its affiliates, employees, officers, owners, directors, agents, subcontractors,
successors and assigns (collectively, "Indemnitees"), from and against any and all
damages, losses, costs, liabilities, penalties, fines, forfeitures, demands, third-party
claims, causes of action, suits, judgments and costs and expenses incidental thereto,
including reasonable attorneys' fees (collectively, "Damages"), which any or all of the
Indemnitees may hereafter suffer, incur, be responsible for or pay out as a result of
personal injuries, property damage, or contamination of or adverse effects on the
environment, to the extent directly or indirectly caused by, or arising from or in
connection with the breach of any obligations under this Agreement, or any negligent
actions or omissions of Indemnitor, its affiliates, employees, officers, owners, directors,
agents or subcontractors, successors or assigns in the performance of this Agreement.
This Hold Harmless clause shall survive the termination of the use and occupancy of
JCPH office space by the Employee for a period of four years past the termination date.
and agree that the Employee does not
require any reasonable or special accommodation as F a precondition to use of the cubicle
space at the offices of JCPH and that JCPH need not install or implement any equipment
or infrastructure (other than what is listed in Section D.1 above) prior to Employee's use
of the JCPH cubicle.
& 11:_imeframe: This agreement takes effect on the 7 th of July. Either party may terminate the
agreement with 90 days' written notice.
l_,l. Breaches and Disputes: Either party to this Agreement may notify the other party of an
alleged breach of the other paily"s duties under this Agreement in writing, providing the
allegedly breaching party not less than ten (10) days to fix or remedy the breach. Upon
the failure to fix or remedy the breach in the time frame provided by the written notice of
alleged breach, the Executive Director of ORCAA and the Director of JCPH shall meet in
person ("Directors' Meeting") to discuss resolution. If the Directors' meeting fails to
resolve the dispute, then the Executive Director of ORCAA and the County
Administrator ("Second meeting") shall meet in person to discuss resolution of the
dispute. If the Second Meeting does not resolve the dispute, then the Executive Director
of ORCAA and the Director of JCPH shall agree upon a third person to mediate the
dispute. After mediation by a third person fails, the parties shall have available to them
all legal and equitable remedies found in law.
Corrjyfete A regiment: The Memorandum of Understanding is the complete agreement
between JCPH and ORCAA and may be amended only by written agreement signed by
each of the parties involved.
ADOPTED THIS _ day of 2014
By: John Austin, Chairman
Jefferson County Board of Commissioners
By:
in, D�irector
w tor
Je nBal wn
.1 le rso ou ty public Je erson County Public Health
By: _
Fran McNair, Executive Director
Olympic Region Clean Air Agency
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