HomeMy WebLinkAbout022315_ca05im
615 Sheridan Street
Port Townsend, WA 98368
www,JeffersonCountyPublicHealth.org
Consent Agenda
Dec 8, 2014
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
1 11 1 ' ", I
Fa M1 1 11 11 I
FROM: Tami Pokorny, Environmental Health Specialist II
DATE:
- 2-,
SUBJECT: Agenda Item — Personal Services agreement Feiro Marine Life Center;
July 1, 2014 — June 30, 2015; $17,444.00
ST
Jefferson County Public Health, Water Quality Division, requests Board approval of the Personal Services
Agreement between JCPH and Feiro Marine Life Center for marine education programs, materials, and
opportunities; July 1, 2014 — June 30, 2015; $17,444.00
ANALYSIS fSTRATEGIC' GOAL,SLPRO'S and COWS:
The purpose of this agreement is to retain Feiro Marine Life Center to provide education programs and
materials to Pacific Coast classrooms; to provide experiential learning opportunities for teachers and
students; to conduct professional teacher training; to study accumulation of micro plastic marine debris.
Activities benefit coastal resources and communities in Western Clallam, Jefferson, and Grays Harbor
Counties. Any work performed prior to the execution of this contract is hereby ratified.
F1 BENEFIT ANALYSIS:
The contract is fully funded by WDFW Grant #13-2200.
RE
3CPH management request approval of WDFW 13-2200 funded Personal Services Agreement with Feiro
Marine Life Center for educational programs, materials, and services, including deliverables; $17,444.00;
July 1, 2014 — June 30, 2015.
REVIEWED BY:
Philip -Morley,,Co my Administeator
COMIT)UNly Heallh
Deve'aprnenlciG DkabRPi(,";
360 385,9400
360:385- v1401 M
AIINUYS'workllng fora sci' and healthier community
Enviionryiental Health
Water Qualily
360-38�-9444
iri 360-379-4487
PERSONAL SERVICES AGREEMENT
Between
it Biro Marine Life Center
and
Jefferson County
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and Feiro Marine Life Center, hereinafter referred to as
"the Subcontractor", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
I Project Desi_gnation. The Subcontractor is retained by the County to provide marine
education programs and materials to Pacific Coast classrooms, opportunities for students and
teachers to visit beaches and aquariums for hands-on learning, professional teacher training
planning, and to study the accumulation of micro plastic marine debris on sandy beaches, in
order to benefit coast resources and communities in western Clallam, Jefferson, and Grays
Harbor Counties. The personal services are funded by a grant from the Washington State
Department of Wildlife (DFW) #13-2200.
2. Sc identified on Exhibit A,
ope of Services. Subcontractor agrees to perform the services, identif
attached hereto, including the provision of all labor, materials, equipment, and supplies.
3. Time Performance, This Agreement shall commence on July 1, 2014 and continues
through June 30, 2015 unless terminated as provided herein. Work performed prior to the
execution of this contract is hereby ratified. The agreement may not be extended beyond June
30, 2015.
4. EUMent, 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. Project costs include salaries and benefits, curriculum materials, field supplies
and transportation. Payment for the work provided by the Subcontractor shall not exceed
$17444.00 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. la nal payinent 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.
zl •
Feiro Marine Life Center — Trash-Free Seas and Micro Debris e. 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.
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 fora period of six (6)
years after final payments. Copies shall be made available upon request.
51 C wnershi 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 or not the project for which they are
made is executed. 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. The rights to any documents, drawings,
specifications and other materials owned by the Subcontractor prior to entering this
agreement and used during the performance of the services are retained by the Subcontractor.
6. n,
CoRliance with 1. aws. 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. Indernnifi cation.
i!��
a. The Contractor shall indemnify and hold the County, and its officers, employees, and
agents harmless from, and shall process and defend at its own expense, including all costs,
attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity
arising in whole or in part, directly or indirectly, from the Contractor's negligence or breach
of any of its obligations under this Agreement; provided that nothing herein shall require a
Contractor to indemnify the County against and hold harmless the County from claims,
demands, or suits based solely upon the conduct of the County, its officers, employees, and
agents, and; provided further that if the claims or suits are caused by or result from the
concurrent negligence of- a) the Contractor's agents or employees; and, b) the County, its
officers, employees, and agents, this indemnity provision with respect to claims or suits
based upon such negligence, and/or the costs to the County of defending such claims and
suits, etc,, shall be valid and enforceable only to the extent of the Contractor's negligence,
or the negligence of the Contractor's agents or employees,
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 unde r In clustrial Insurance, Title 51 RCW, solely for the purposes of this
Page 2 of 9
Feiro Marine Life Center — Trash-Free Seas and Micro Debris
indemnification. This waiver has been mutually negotiated by the parties. The provisions
of this section shall survive the expiration or termination of this agreement.
S. 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 Autonjobile 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. General Liability, with the County named as an additional insured party under this policy,
with a minimum limit per occurrence of one million dollars ($1,000,000) and an
aggregate of not less than two million dollars ($2,000,000) for bodily injury, death, and
property damage unless otherwise specified in the contract specifications. This insurance
coverage shall contain no limitations on the scope of the protection provided and indicate
on the certificate of insurance the following coverage:
Broad Fori n property Damage with no employee exclusion;
Personal Injury Liability, including extended bodily injury;
Broad Form Contractual /Commercial. Liability including completed operations
(contractors only);
iv. Premises — Operations Liability (M&C);
v. Independent Contractors and Subcontractors; and
vi. Blanket Contractual Liability.
d. 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 any and all deductibles in the above described
insurance policies shall be assumed by and be at the sole risk of the Contractor. It is
agreed by the parties that judgments for which the County may be liable, in excess of
insured arriounts provided herein, or any portion thereof, may be withheld from payment
due, or to becoine due, to the Contractor until such time as Contractor shall furnish
additional security covering such judgment as may be determined by the County.
e, 'rhe County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
Page 3 of 9
F iro Marine Life Center -Trash-Free Seas and Micro Debris
f. 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 Contractor must provide in order to comply with the Agreement,
g. if the proof of insurance or certificate of coverage indicating the County is an "additional
insured" to a policy obtained by the Contractor 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 Contractor to obtain the full text of that endorsement and forward that
full text to the County within 30 days of the execution of the Agreement.
h, The County may, upon the Contractor's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise
be due to the Contractor,
9. lent Contractor. The Subcontractor and the County agree that the Subcontractor is an to the services provided pursuant to this agreement.
ate the relationship of employer and
Subcontractor nor any employee of
ffNigg 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. L) _i
scrimination Prohibited. The Subcontractor, 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, The Contractor shall comply
with all Federal, State, and local laws and ordinances applicable to the work to be done under
this Agreement. This Agreement shall be interpreted and construed in accord with the laws of
the State of Washington and venue shall be in Jefferson County, WA.
11, Terrnination. 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
With 'O days notice by the Board of County Commissioners for non-performance of
the specific job duties in Exhibit A.
With 30 days notice by the Subcontractor by voluntary resignation.
12. lnIeULIe�A ' 1:cement, This Agreement together with attachments or addenda, represents the
entire and Integrated agreement between the County and the Subcontractor and supersedes all
Page 41 of 9
Center —Trash-Free Seas and Micro Debris
Feiro Marine Life
prior negotiations, representations, or agreements written or oral. This agreement may be
arriended only by written instrument signed by both County and Subcontractor.
DATED this
day of
By David Sullivan, Chair
Jefferson Board of County Commissioners
I
B
illiarr
Melissa Williarns
Feiro Marine VvfA port Angeles, 98362
deborah,rn@feirOmarinelifecenter.org
Ph: (360) 417-6254
Attest/Authenticated:
Carolyn Avery, Deputy of the Board
2015
APPROVED AS TO fokKv
Civil DPA David Alvarez
Page 5 of 9
Feiro IA grine Life Center — Trash-Free leas and Wag DeMs
Exhibit A: Scope of Work
Feiro Marine Life Center (FMLQ will conduct three projects related to the global issue or
marine debris- All of the projects will engage students and/or teachers with visits to area beaches
where aspects of the marine environment and debris problem will be studied firsthand.
Ir—L, 1 — ni-onn Science: .
Trash Free Seas - North Pacific Coast
FMLC will partner with the Seattle Aquarium, NOAA Marine Debris, Pacific Education
Institute, and the Olympic Coast National Marine Sanctuary to help provide: updated Ocean
Science., Trash Free Seas curriculum to the elementary school communities, Teacher
Professional Development (TPD) planning, schedule and implement field investigations, and
schedule and participate in a field trip to an aquarium. All programs are aligned with state
standards and the Next Generation Science Standards and support the Essential Ocean Literacy
Principles and the Essential Principles of Climate Change. The coastal schools are located in
Neah Bay, La Push, Forks, Queets/Clearwater and in Grays Harbor County: Lake Quinault,
Taholah, Pacific Beach, Ocean Shores, Ocosta, and Simpson. Field investigations with teachers
and students will occur at the outer coast beach locations nearest their communities and at
aquarium(s) in May of 2015 or before. This task addresses the program benchmarks of Education
and outreach. Cost: $10,325
Deliverables:
I a) List of schools, teachers and numbers of students attending the classroom activities,
field investigations, visiting an aquarium and teachers planning to attend the TPD,
plus dates and locations (Due June 10, 2015)
1 b) Presentation by project staff (and teachers/students if possible) to NPC MRC on
project outcomes at May 19, 2015 meeting
I c) Marine debris curriculum (Due May 19, 2015)
1d) Final WD�FW report (see Appendix A). (Due June 10, 2015)
le) At least 5 photographs (signed releases) for use in MRC and WDFW materials
Copies of newspaper articles and other notices if possible (Due June 10, 2015)
1 fl Electronic files with collected intertidal and marine debris data (Due June 10, 20 15)
1 g) invoices and backup materials (Due June 10, 2015)
Task 2'. Pilot LS Stud of Micro ,Debris Accumulation on Pacific Northwest Beaches
Feiro Marine Life Center will conduct a pilot study to survey the accumulation of micro debris
on two to three beaches on the North Pacific Coast. After the amount of debris is estimated on
each sandy beach, the data will be linked with Washington Sea Grant's beach morphology
surveys. It will then be compared with micro debris data from 30 beaches in Puget Sound as
well as with data on larger marine debris at the selected beaches. The study will use established
scientific protocols and engage one high school or undergraduate intern. This task addresses the
program benchmarks of Marine Habitats, Sound Science, and Education and Outreach. Cost:
52,65!
Deliverables:
2a) Name of student intern. (Due June 10, 2015)
Page 5 of 8
Feiro Marine Life Center —Trash-Free Seas and Micro Debris
2b) Presentation by project staff to NPC MRC on project outcomes at the May 19 NPC
MRC meeting
2c) At least 5 photographs for use in MRC materials (Due June 10, 2015)
2d) Final WDFW report (see Appendix A) (Due June 10, 2015)
2e) Electronic files of marine debris data (Due June 10, 2015)
2f) Invoices and backup materials (Due June 10, 2015)
Task 3: Micro Debris Survey alon the Olym is Coastline
Feiro Marine Life Center will conduct a micro debris survey with students and teachers of
sophomore science classes at Forks High School. Five classes totaling approximately 90 science
students will survey five sandy beaches along the Pacific Coast between La Push and Kalaloch
as part of a service learning project during two field trip days in the spring of 2015. The first
field trip will include two classes and the second will involve the remaining three classes.
Students will prepare the data and present it during class time and at a RainFest event in April,
2015. The data collected will be made available to other interested parties. "Video Productions"
students will produce a brief film about the threat of marine debris and submit it for
consideration for the River & Ocean Film Festival. This task addresses the program benchmarks
of Marine Habitats, Sound Science and Education and Outreach. Cost: $4,469
Defiverables:
2a) Number of students participating (Due June 10, 2015)
2b) Presentation by project staff to NPC MRC on project outcomes at the May 19 NPC
MRC meeting
2c) At least 5 photographs for use in MRC materials (Due June 10, 2015)
2d) Final WDFW report (see Appendix A) (Due June 10, 2015)
2e) Electronic files of marine debris data and film developed by students. (Due June 10,
2015)
20 Invoices and backup materials (Due June 10, 2015)
EMOM
-Cate 0
In-Kin,d
Costs
Micro Debris Pik
TFS – Olympic
Marine Debri!
Salar'jeslBen_
Coast National
TFS: $500 (kits and b
Marine Sanctuary:
MDP: $100 (Pla'
Bookkeeper)
MDS: $2,422 (buckets,
Rain notebooks, rain
Equipment
and ��Iies
$3,752
TFS: $2,996 (teacher pr(
MDS: $936
Travel
TFS: $1500 (Stud'
_Fees
F_
Total In-Kind
1�,tall NPC
notebooks)
MRC Cost —
BUDGET
Detail
In-Kin,d
Costs
TFS – Olympic
Trash Free Seas (TFS): $5,334
Coast National
at (MDP). $2,410 (Helle Andersen, Intern, Melissa Williams,
Marine Sanctuary:
Bookkeeper)
$5,600
Survey (MDS): $1,106 (Helle Andersen, Melissa Williams,
TFS - NOAA
Bookkeeper)
$3,752
$8,850
ackpacks, reference materials, hand lenses, sieves, gloves,
bags, maps)
;tic bags, survey tape, buckets, string, labels, rite-in-the-rain
notebooks)
sieves, string, bags, clipboards, writing utensils, Rite-in-the-
ponchos, rubber boots, 5 GPS units [$119 ea], 5 waterproof
HD digital cameras [$82 ea])
$3,022
)fessional development; 6 school field trips - buses and staff
travels meeting space)
MDP: $140 (personal car trips to 3 Pacific coast beaches)
(5 bus field trips and 2 personal car trips from Port Angeles)
TFS - NOAA:
$1,975
$4,072
-nt/teacher entrance fees to Feiro MLC or Seattle Aquadurn)
TFS - Aquarium:
$500
$1,500
$11,827
$17,444
Page 7 of 8,
Feiro Marine Life Center — Trash-Free Seas and Micro Debris
Exhibit B. WDFW Final Report Form
Project Title:
MR[:
Project Leader's Name:
WDFW Contract #:
Has this project been completed? Yes E] Ongoing Project [7
|f no, describe below the reasons why this project wasn't completed by the deadline:
Project Funds Awarded� $ Project Funds Spent: $
If any funds weren't spent, please explain why below:
�� [�
VVasany inventohab|e equipment purchased vvbhyour ��RC funds for this pn�ec?Yes �� �o ��
if you did purchase any inventmhab|e equipment, you vvJ| be contacted about returning the equipment
to WDFW or to discuss the possibdity of a loan agreement to allow continued use of the equipment.
Have all Volunteer Registration Forms been turned in? Yes E] No Fl
Have all Volunteer Tinoeshects been turned in7 Yes F-1 No ||
Have all reimbursement requests been turned in? Yes [:] No F—1
p\easesubmitanyremaininBvo|unteer,oQistm1ionfornns,vm|unteartimesheets,and/eimbursennent
requests with this report.
How many total volunteer hours were used on this project?
Please describe the accomplishments of the project below:
How did the public and/or fish and wildlife benefit from your project's activities?
Please list the names of any WDFW personnel that provided assistance to your project:
Use the space below to provide comments about your experience with the Coastal MRC Program or
describe your ideas for program improvement:
The information provided in this report will be included in the annual report to the governor and the
appropriate committees of the legislature. This report will also be made available to all grantees, the
Fish and Wildlife commission, the Director of WDFW, WDFW's Executive Management Team and other
personnel within WDFW as well as the general public (via our webpage). Please send photographs of
project activity (with photographer's full name) as an e-mail attachment to:
iessi.doer In haus �dfw.wa.ov (for possible use in the report).
The information that you provide in this report may be used in evaluating future Coastal MRC project
proposals.
Name (if sending electronically), or Signature (if sending hard copy):
Date:
Send completed final reports to the program coordinator:
jessi.doerpinghaus@dfw,wa.gov
Al
WDFW
ATTN JESSI DOERPINGHAUS
48 DEVONSHIRE ROAD
MONTESANO, WA 98563