HomeMy WebLinkAbout041315_ca03615 Sheridan Street
Port Townsend, WA 98368
www. Jefferson Cou nf y Flu blic Hea If h.org
Consent Agenda
Feb. 24, 2015
JEFFERSON COUNT`F 11
BOARD
• COUNTY COMMISSIONER ,
AGENDA REQUEST
TO' Board of County Commissioners
Philip Morley,, County Administrator
FROM: Jared Keefer, Environmental Health Director
Laura! Tucker, Environmental Specialist I
DATE:
SUBJECT: Agenda Item — 'Waddell Environmental, LLC Personal Services Contract;
March 15, 2015 — June 30, 2015; $1,100-00
STATEMENT OF ISSUE: val of the Personal
Jefferson County Public Health, Environmental Health Division, requests Board ap pro
Services Agreement between JCPH and Waddell Environmental, LLC for two Hidden Hazards in the Arts
workshops; March 15, 2015 - June 30, 2015; $1,100.00
ANALYSIS /STRATEGIC GOALS/PRO'S and CON'S:
This purpose of this agreement is to provide information to people working in the arts — painting, jewelry
making, collaging, encaustic, ceramics, and print making — concerning occupational hazards and negative
health effects as they relate to chemicals, mists, dusts, and fumes. These workshops target specifically
artists and are aimed at providing 'information on proper ventilation, use, and disposal of hazardous
materials.
FISCAL IMPACT COST BENEFIT ANALYSIS:
The contract is fully funded by the Department of Ecology Education Grant #G1400361.
RECOMMENDATION:
3CPH management request ap proval of Personas Services Agreement Waddell Environmental, LLC; March 15,
2015 —June 30, 2015; $1,100,00
REVIEWED BY:
7
Philip M~ rley, o6n ty Administrator-
Date
C:ornrnunity Hecllh
Deve10Prre,r1t01
360-385-9400
360-385-9401 (f)
Aiw(i-JS w0rkiflg f0f asurfer irul healftercommunity
Envaronniert(.)l Health
woler QuoNy
'360-385-9444
(f) 360-379-4487
PERSONAL SERVICES AGREEMENT
Between
Waddell Environmental, LLC
And
Jefferson County
For
Hidden Hazards in the Arts
THIS AGREEMENT is entered into between the County of Jefferson a municipal corporation,
hereinafter referred to as "the County", and Waddell Environmental, LLC, hereinafter referred to
as "the Subcontractor"', in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. project Designation. The Subcontractor is retained by the County to conduct two workshops
on Hidden Hazards in the Arts covering the major hazards associated with occupational and
I ceramics, and print making.
environmental exposures to painting, encaustic, collage, cerami
2. Scope of _Services. Subcontractor agrees to perform the services, identified on Exhibit A,
attached hereto, including the provision of all labor, materials, equipment, and supplies.
3. Time for Performance. This Agreement shall commence on March 15, 2015 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 without express written amendment signed by both parties.
4. Payinent, 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. Payment for the work provided by the Subcontractor shall not exceed $1,140 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 Department of Ecology grant. If funding
from this grant 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 after each completed workshop.
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.
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.
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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, CCtwnersi andTse of ocuments. 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 the project for which they are made is
executed or not. 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.
6. Com lian with Laws. 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, Subcontractor 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 Subcontractor's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Subcontractor,
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.
I property
b, commercial Automobile Liability Insurance providing bodily injury and rope y
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
Subcontractor's performance of the contract.
Certificates of coverage as required by this section shall be delivered to the County within
fifteen (15) days of execution of this agreement.
Failure of the Subcontractor to take out and/or maintain any required insurance shall not
relieve the Subcontractor frorn any liability under the Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification.
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 this Agreement.
if the proof of insurance or certificate indicating the County is all "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 ot"that endorsement and forward that full text to the
Waddell Environmental, LLC Page 2 of 5
County.
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.
It is agreed by tile 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 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 the Subcontractor shall furnish
additional security covering such judgment as may be determined by the County,
9. Independent Contractor. The Subcontractor and the County agree that the Subcontractor is an
independent contractor with respect to the set-vices 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, otherwise assuming the duties of an employer with respect to
Subcontractor, or any employee of' Subcontractor.
c nation prohibited. The Lib nractor , with regard to the work performed by it under
10. Di s "'Imi procurement i co t ti d
11 not dis'r n It I n
agreement, c 0 r( of race, color, national origin, religion,
will te n te grounds s
al or sensory this the presence 1 of � an physical nsory handicap in the selection and
creed, age , sex, or t y 0 t in materials 0
rct I tio 0 11 ces or a r supplies.
, e I n f el ploy
11. 11'.ermination, 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, tile 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:
j. With 30 days notice by the Board of County Commissioners for any reason, or
With 30 days notice by the Board of County Commissioners for non -performance of
the specific job duties in Exhibit A.
iii. With 30 clays notice by the Subcontractor by voluntary resignation.
Waddell plvirorriel,ital, LLC Page 3 of 5
12. Lntegrated_Agr_eement. This Agreement together with attachments or addenda represents the
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.
DATED this
day of
By
David Sullivan, Chair
Jefferson Board of County Commissioners
B
Dave "V add 'ell
16533 301 Avenue NE
Seattle, WA 98155
Attest/Authenticated,
Clerk of the Board
Waddell Environmental, LLC Page 4 of 5
KO•
Approved as to f -ni on]
r
David Alvarez, Proseq , 'tihg Attorney
FRIMIMV
Scope of Work
Conduct two workshops on Hidden Hazards in the Arts:
& March 18, 2015
0 Additional date to be determined prior to June 30, 2015
jcpH will pay the Subcontractor $550.00 for each workshop. This contract shall not exceed
$1,1.00 without express written amendment signed by both parties. The workshops shall cover
the major hazards associated with occupational and environmental exposures in the following art
disciplines:
Painting/Encaustic/Collage
Jewelry/Cerarnics
Print Making
Each workshop will comprise a 3-hour presentation addressing the topics listed above, tailored to
the audience in attendance.
Subcontractor is responsible for providing laptop and I.CD projector, and any handouts.
jcpll will provide screen and secure the venue.
Waddell EnvirorjmentaN, LLB; Page 5 of 5