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HomeMy WebLinkAbout081715_ca03Consent (sp Hpod Canal Priority Basin Project 2015- 2017 615 Sheridan Street q-XIM Port Townsend, WA 98368 O` e"Ity www.JeffersonCo�l015ealth.org is Health July 10, 2ols JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Michael Dawson, Water Quali Manager DATE: S / t- SUBJECT: Agenda Item — Interlocal, Professional Services Agreement Jefferson County Conservation District (JCCD) Hood Canal Priority Basin Project; July 1, 2015 — December 31, 2017; $37,000. STATEMENT OF ISSUE: Jefferson County Public Health, Department of Environmental Health, Water Quality requests Board approval of the Interlocal Agreement for Professional Services, Jefferson County Conservation District; July 1, 2015 — December 31, 2017; $37,000. ANALYSIS/ STRATEGIC GOALS /PRO'S and CON'S: The Jefferson County Conservation District is retained to perform water quality monitoring activities, public outreach, and education in the Hood Canal Priority Basins Project area. The project area includes the two basins of Chimacum and Ludlow of the IC portion of the Hood Canal Watershed, which includes the communities of Chimacum, Port Hadlock, Irondale, and Port Ludlow Bay, including Chimacum and Ludlow Creeks. JCCD will assist the IC in the development of an Ecology- approved Quality Assurance Project Plan (QAPP) and assist in establishing sampling stations in project area streams. JCCD performs water quality monitoring using Best Management Practice implementation. The partnership for this project is structured in the same way current Ecology- funded clean water projects are shared with JCCD. This interlocal Professional Services agreement is in keeping with DOE goals for the Hood Canal Priority Basins Project and will result in 25 sampling stations in the Chimacum Basin and 12 in the Port Ludlow Basins where samples for fecal coliform bacteria will be analyzed, and temperature, PH, dissolved oxygen, and conductivity will be monitored for the purpose of identifying areas of concern and statistically measuring data to determine whether Water Quality is improving or worsening. FISCAL IMPACT /COST BENEFIT ANALYSIS: This project is fully funded by a grant from the Washington Department of Ecology, WQC- 2015- JEFFCPH- 00195. There is no financial impact to the county. RECOMMENDATION: JCPH management request approval of the Interlocal, Professional Services Agreement with Jefferson County Conservation District for Hood Canal Priority Basins Project DOE Grant WQC - 2015- 3EFFCPH- 00195; July 1, 2015 — December 31, 2017; $37,000. Community Health Developmental Disabilities 360- 385 -9400 360 -385 -9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360 -385 -9444 (f) 360- 379 -4487 r Consent Agenda: JCCD Hood Canal Priority Basin Project 2015- 2017 REVIEWED BY: ��✓l � �� 7 /3 /S Philip Morley, ounty Administrator Date 1CCD Hood Canal Priority Basins Contract July 9, 2015 PROFESSIONAL SERVICES AGREEMENT Between Jefferson County Conservation District And Jefferson County THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as the "County ", and Jefferson County Conservation District, hereinafter referred to as the "Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Designation. The Consultant is retained by the County to perform water quality monitoring activities, public outreach and education in the Hood Canal Priority Basins Project. The project is funded by a grant from the Washington State Department of Ecology ( "Ecology') under contract with the County. The project area is mapped in Exhibit "C, attached hereto. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under this contract shall commence July 1, 2015 and continues through December 31, 2017 unless terminated as provided herein. The agreement may not be extended beyond December 31, 2017. Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "A." Work performed prior to the execution of this contract is hereby ratified. 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $37,000 without express written modification of the agreement signed by the County. b. The consultant may submit invoices to the County once per quarter during the progress of the work for partial payment for project completed to date, up to 80% of total project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant 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. d. Payment as provided in this section shall be compensation up to 75% of total eligible costs for work performed, services rendered and for all materials, supplies, and incidentals necessary to complete the work. The remaining 25% will be required as matching interlocal contributions. e. Activities and expenses used as match will occur during the time frame of the grant, relate directly to the activities in the scope of work as provided on Exhibit "A ", and benefit the same watersheds addressed in the project Exhibit "C. f. Eligible matching funds will be from local sources, federal sources other than Environmental Protection Agency funds, or state funds other than Ecology Centennial funds or Page 1 of 10 1CCD Hood Canal Priority Basins Contract July 9, 2015 Conservation Commission grants. The source of matching funds must be approved by the County according to Ecology guidelines. g. The Consultant'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 three (3) years after final payments. Copies shall be made available upon request. S. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant 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 Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with Laws. Consultant 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. Consultant 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 attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. Insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: a. If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. 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 with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract. c. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual /Commercial Liability — including completed operations; iv. Premises — Operations Liability (M &C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. d. Such insurance coverage shall be evidenced by one of the following methods: Page 2 of 10 JCCD Hood Canal Priority Basins Contract July 9 2015 i. Certificate of Insurance; ii. Self- insurance through an irrevocable Letter of Credit from a qualified financial institution. e. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. f. Any deductibles or self- insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self- insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. g. The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. h. Failure of the Consultant to take out and /or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. i. 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 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 Consultant. j. 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 Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. k. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. I. Any 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 Consultant must provide in order to comply with this Agreement. m. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant 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 Consultant to obtain the full text of that endorsement and forward that full text to the County. n. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. Page 3 of 10 JCCD Hood Canal Priority Basins Contract July 9, 2015 9. Independent Contractor. The Consultant and the County agree that the Consultant 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 Consultant nor any employee of Consultant 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 Consultant, or any employee of Consultant. 10. Covenant against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, 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. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 13. Non Waiver. Waiver by the County of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. Termination. a. The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the County, if the County so chooses. 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Public Health /Water Quality 615 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Jefferson County Conservation District 205 W Patison Street Port Hadlock, WA 98339 Page 4 of 10 JCCD Hood Canal Priority Basins Contract Julv 9 2015 16. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Consultant 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 Consultant. Page 5 of 10 JCCD Hood Canal Priority Basins Contract July 9, 2015 DATED this SIGNATURE PAGE day of JEFFERSON COUNTY CONSERVATION DISTRICT BOARD OF SUPERVISORS Roger S ort, Chair 20 JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member A proved as to orm only, ti�Q Cc� David Alvarez Date Deputy Prosecuting Attorney Page 6 of 10 JCCD Hood Canal Priority Basins Contract July q 2015 Exhibit A Scope of Services Proiect Overview The Hood Canal Priority Basins Project is funded by the Washington Department of Ecology ( "Ecology ") under contract with Jefferson County Public Health ( "the COUNTY "). The Jefferson County Conservation District ( "the CONSULTANT ") is retained through inter -local agreement to perform the following tasks. Project Area The project area includes the two basins of Chimacum and Ludlow of the Jefferson County portion of the Hood Canal Watershed (See Exhibit C). This includes the communities of Chimacum, Port Hadlock, Irondale and Port Ludlow Bay. The following streams are included: Chimacum and Ludlow Creeks. Task 1— Project Management Expenses for management tasks for this project will not be reimbursed by the COUNTY. Instead these expenses will be submitted as interlocal match to meet the match requirement. A. The CONSULTANT will manage, track and record expenses and match for each budget item and report these items to the COUNTY in a quarterly report and billing due one week after the end of the quarter. The CONSULTANT will record all matching funds generated for the project in the quarterly report. The CONSULTANT will utilize Ecology billing forms. The CONSULTANT will include in their quarterly reports any data and additional information obtained related to progress in achieving target outputs for Task 2 and Task 4 (see below) of the project. C. The CONSULTANT will contribute information to a final report explaining the required performance (deliverables) completed in each task, analysis of water quality data and trend analysis, and details of the education and outreach performed by October 15, 2017. Required Performance: 1. Timely submittal of all required performance items, quarterly reports, and billing records. 2. Submittal of information for the final report to the COUNTY's Project Manager no later than October 15, 2017. Task 2 —Water Quality Sampling and Analysis A. The CONSULTANT will assist the COUNTY in the development of an Ecology- approved Quality Assurance Project Plan (QAPP) before sampling begins. B. The CONSULTANT will assist the COUNTY in establishing sampling stations in project area streams (a minimum of 25 stations in the Chimacum Basin and 12 stations in the Port Ludlow Basin), for which the CONSULTANT will be responsible for half of the Chimacum upstream stations and all Port Ludlow upstream stations. The geographic location and accuracy of all sampling sites will be collected and Page 7 of 10 JCCD Hood Canal Priority Basins Contract July 9, 2015 recorded in the following format and submitted to the COUNTY: NAD83 datum, Latitude /Longitude, Decimal Degrees, precision in feet or meters, and collection method (gps or map). C. The CONSULTANT will collect water quality samples for fecal coliform bacteria and conduct monitoring for temperature, pH, dissolved oxygen, and conductivity at the above stations on a monthly basis over a two year period during the wet and dry seasons (one water year in each basin: Chimacum in water year 1 and Port Ludlow in water year 2). The CONSULTANT will identify areas of concern based on sampling results and report them to the COUNTY. All data will be entered into Ecology's Environmental Information Management (EIM) database. D. The CONSULTANT will assist the COUNTY in the statistical analysis and reporting of trends for 6 Chimacum stations using previous and current data to determine if water quality is improving or worsening. Required Performance: 1. Cooperation with the COUNTY developing an Ecology- approved QAPP prior to sampling. 2. Report established sampling locations to the COUNTY by July 31, 2015. 3. Submit annual reports and graphs to the COUNTY demonstrating water quality trends at all monitoring stations. 4. Submit water quality data sets on collected samples to the COUNTY each month in EIM format. Task 4 — Public Outreach and Education A. The CONSULTANT staff will attend one informational meeting organized by the COUNTY to introduce the project to all residents in the proposed project area. The COUNTY will conduct this meeting in the Chimacum and Port Ludlow area to notify the public about the project. The CONSULTANT will provide information about its monitoring role and services to provide to the public. B. The CONSULTANT staff will attend one end -of- project meeting organized by the COUNTY to discuss results of the project with the residents in the project area. C. The CONSULTANT will provide information for the development of project fact sheets and outreach material. Required Performance: 1. Attend an introductory project meeting and an end -of- project results meeting by December 2017. 2. Materials developed under this project will be submitted to Ecology's project manager for review and approval prior to printing or distribution. Page 8 of 10 JCCD Hood Canal Priority Basins Contract July 9, 2015 Exhibit B Hood Canal Priority Basins Budget By Task Total Total Task Project Cost Eligible Cost Match 1. Project Management $5,309.24 $0.00 $5,309.24 2. Water Quality Monitoring and Analysis $42,319.77 $35,316.73 $7,003.04 4. Public Outreach and Education $1,582.86 $1,582.86 $0.00 TOTAL $49,211.87 $36,899.59 $12,312.28 Hood Canal Priority Basins Budget by Object . Salaries staff hrs rate miles total fund 1. Project Management tracy kier 130 hrs $35.11 /hr $4,564.30 match 1. Project Management jill zarzeczny 17 hrs $43.82/hr $744.94 match 2. Water Quality Monitoring and centenn Analysis glenn gately 856 hrs $40.48/hr 1158 $34,650.88 ial 2. Water Quality Monitoring and Analysis glenn gately 173 hrs $40.48/hr $7,003.04 match 4. Public Outreach and centenn Education glenn gately 32 hrs $40.48/hr 500 $1,295.36 ial Total TRAVEL centenn (mileage) $.575 /mile 1658 $953.35 ial Total Project Cost $49,211.87 Match Cost* $12,312.28 TOTAL $49,211.87 * Match fundings via Jefferson County Community Services Grant and State Commission Implementation Funds Page 9 of 10 JCCD Hood Canal Priority Basins Contract July 9, 2015 Exhibit C Page 10 of 10