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HomeMy WebLinkAbout031615_ca06615 Sheridan Street Part Townsend, WA 98368 www.Jeff ersonCountyPublicHealf h.org Consent Agenda Feb, 10, 2015 JEFFERSON COUNTY BOARD, OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Tami Pokorny, Environmental Health Specialist II DATE: SUBIECT: agenda item - Pacific Coast Salmon Coalition Personal Services Agreement; July 1, 2014 - June 30, 2015; $3,250.00 STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, requests Board approval of the Personal Services Agreement between JCPH and Pacific Coast Salmon Coalition for support of student interns in entering, processing, and analyzing data; July 1, 2014 - June 30, 2015; $3,250.00 ANALYSIS -f STRATEGIC GOALSLPRO'S and COWS: This purpose of this agreement is to provide educational opportunity to student interns, and to engage those interns, at the North, Olympic Peninsula Skills Center, in natural resources mentoring programs with Pacific Coast Salmon Coalition. Student interns will enter, process, and analyze data, as well as participate in field work studies. The pacific Coast Salmon Coalition will evaluate student interns and provide stipends. Funding is provided by the WDFW grant # 13-2200. The Agreement contains language that protects the county from incurring expenses should funds be reduced, withdrawn, or otherwise limited in any way. FISCAL BENEFIT ANALYSIS: The contract is fully funded by the WDFW. R JCPH management request approval of Personal Services Agreement Pacific Coast Salmon Coalition; $3,250-00; July 1, 2014 — June 30, 2015. REVIEW,!�R�.By,:'- X Phill'P' lorley, u n6 drninistr8tor Co �, _A -A Coj7jpmnHy Health Developmenkil Disabflilies 360-385-9400 360-385-9401 (f) Date Always working for a suter and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379..4487 PERSONAL SERVICES AGREEMENT Between Pacific Coast Salmon Coalition and Jefferson County THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and Pacific Coast Salmon Coalition, hereinafter referred to as "the Subcontractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. I Pro ect Deli nation. The Subcontractor is retained by the County to support student interns at the North Olympic Peninsula Skills Center. The student interns will enter, process and analyze data and participate in field work in partnership with a marine resources manager. The Subcontractor will evaluate interns' performance and provide stipends. The personal services are funded by a grant from the Washington State Department of Wildlife (DFW) 913-2200. 2, Sc fled on Exhibit A, Scottie of �Servi�ces, Subcontractor agrees to perform the services, identified attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. Time for 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, 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. Project costs include salaries and benefits, curriculum materials, field supplies and transportation. Payment for the work provided by the Subcontractor shall not exceed $3..,250,00 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 cluarterly, 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, MISMEM-0 pacific Coast Salrnan Ca�iitian — Su art for student Interns 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. Own rshil2 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. C�Omlia�nce w�ithLaw�s- 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. The Subcontractor 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 Subcontractor's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Subcontractor to indemnify the County against and hold han-nless 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 Subcontractor'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 Subcontractor's negligence, or the negligence of the Subcontractor's agents or employees. b. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4. n Z4.115, 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 a Insurance T tle 51 RC W, solely for the purposes of this it under Lr�—du-SLI-rdal --- hi-S-L.'rance Page 2 of 8 Pacific Coast Salmon Coahtion —..- -port for Student Interns 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. 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 darnage 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: i. Broad Form 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. & 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 Subcontractor. 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 Subcontractor until such time as Subcontractor shall furnish additional security covering such judgment as may be determined by the County. e, The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Page 3 of 8 Pacific coast salmon coalition Su ort for student Interns 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 Subcontractor must provide in order to comply with the f Agreement. g. If the proof of insurance or certificate of coverage indicating the County is an "additional insured" to a policy obtained by the Subcontractor 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 Subcontractor 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 Subcontractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Subcontractor. 9. The Subcontractor and the County agree that the Subcontractor 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 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, other-wise assuming the duties of an employer with respect to Subcontractor, or any employee of Subcontractor. 10, Discrimination Pro h b 'te d e Subcontractor, I W't with r egard to the work performed by it u n de r th Is agr agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence 0 f any physical or sensory handicap in the selection and r e t en tio n 0 f e ploy ees or p to cure m en of materials supplies. The Subcontractor shall comply with all Federa I , St ate , acid local law" a nd 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. irermiriation. 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. -rhis agreement may also be terminated as provided below: i. With 30 days notice by the Board of County Commissioners for any reason, or it. 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 4 of 8 Pacific Coast salmon Coalition support for Student Interns 1 LI 2. Inte ra gr Ited A reemept. This Agreement together with attachments or addenda, represents the ... g� 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. //I -, of I 2015 DATED this ? -day _j z4i 14, - By_. David Sullivan, Chair Jefferson Board of County Commissioners /7 F By A-arl Ch_astgn Pacific Coast Salmon Coalition P.O. Box 2527 Forks, WA 98331 acsac r 0 en.com M 360-374-8873 Attest/Authenticated', ----------- Carolyn Avery, Deputy Clerk of the Board Page 5 of 8 APPROVED AS TO I, 5iZM Civil DPA David Alvarez Pacific Coast Salmon Coalition — Su cart for Student Interns Exhibit A: Scope of Work Pacific Coast Salmon Coalition will evaluate intern performance and provide stipends to successful interns through the North Olympic Peninsula Skills Center (NOPSC) at a rate of not more than $300 per student per semester. Task 1: Student Internships Student interns, enrolled in Natural Resources Options 2 courses, will enter, process and analyze data and participate in field work with a marine resources manager. Students must create a high quality internship product, give an oral presentation to the NPC MRC, and meet all basic expectations of the program. Cost: up to 53,000 — not more than $300 per student per semester Deliverables: I a) PDF of online spreadsheet documenting students' participation in the internships. (Due June 10, 2015) lb) Presentation to the NPC MRC by each successful intern. (Due June 10, 2015) 1 c) JPEG or PDF of NPC MRC related project for each successful intern. (Due June 10, 2015) Task 2 —Evaluate Intern Performance pCSC will review and approve successful internships and complete the WDFW final report form in partnership with the NOPSC. Cost: $250 Deliverables: 2a) Review and approval of intern tracking form verifying that all intern expectations are met for the approved internship stipend level. (Due June 10, 2015) 2b) Issue stipends to successful interns. (Due June 10, 2015) 2e) Completed WDFW Final report in partnership with NOPSC (Due June 10, 2015) (Exhibit B) 2d) Invoices and backup materials (Due June 10, 2015) BUDGET Pacific Coast Salmon coalition — support for Student Interns MOMM05 Project Title: MM Project Leader's Name: VVDFVV Contract #: Has this project been completed? Yes El Ongoing Project U If 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 spe,nt, please explain why below: Was any jrventoriable equipment purchased with your MRC funds for this project? YesF� No E] � you did purchase any inventoriable equipment, you will be contacted about returning the equipment toyyDFW or to discuss the possibility of a loan agreement to allow continued use of the equipment. Have all Volunteer Registration Forms been turned in? Yes F No E] Have all Volunteer Timesheets been turned in? Yes F No F Have all neimburesn1ent/eques� �� beenturnedin? Yes �� No F-1 � p\eane submit any remaining volunteer registration 6n/ms, vo|unteertimesheets, and reimbursement requests with this report. How many total volunteer hours were used oo this project? Please describe the accomplishments of the projectbe|ovw� 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 beincluded in the annual report 1othegowernOr and the appropriate committees of the legislature. Thio report will al|sobe made available 1u all grantees, the Fish and Wildlife Commission, the Director of WDFW, WDFW's Executive Management Team and other personnel within VVDFVVay well as the general public (via our m/ebpage). Please send photographs mf project activitY (with photographer's full name) as an e-mail attachment to: (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: 'e55�.doerDiDgh8Vs@dfw.VV@.gOV Or WDFW ATTNlESS|[)OERPIYdGHA\1S 48 DEVONSHIRE R[]/\D M(]NTESAKjO,W/\98563