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615 Sheridan Street
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Port Townsend, WA 98368
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PUBIC' Consent Agenda
February 16, 2016
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jared Keefer, Environmental Health Director
Tami Pokorny, Environmental Health Specialist
o..E. )XwLcl�— lq'( 7,0) b
SUBJECT: Agenda Item —Professional Services Agreement with Appraisal Group of the
Northwest LLP, James B. Price; Upon Signature; for a total of $3,900
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of Professional Service Agreement with Appraisal Group of
the Northwest LLP, James B. Price; Upon Signature; for a total of $3,900.
ANALYSIS STRATEGIC GOALS PRO'S and CON'S:
The consultant is retained by the county to provide review appraisal services to support up to five fee-
simple property acquisitions for the purpose of floodplain restoration and salmon recovery (RCO #13-1384C
and #15-1.189) consistent in compliance with Washington State Recreation and Conservation Office Mal7ual
.3, Acquiring Larad: Policies, and the Ul form Star7dards of Professional Appraisal Practice, James B. Price is
retained to appraise parcels APN#s 991200402 and #991200403; #99121103; #991200305 and
#991200304; #991201101 and #991201103; #991200405 all of which are located north of the Big
Quilcene River in Quilcene, WA.
FISCAL IMPACT COST BENEFIT ANALYSIS:
Funding for the Professional Services Agreement is provided by RCO #12-1384C and #15-1189. There is
no impact to the Jefferson County General Fund for this agreement and there are no match
requirements.
RECOMMENDATION**
JCPH Management recommends BOCC signature of the Professional Service Agreement with Appraisal Group
of the Northwest LLP, James B. Price; Upon Signature; for a total of $3,900
REVIEWED BY:
Philip erley, 1<.ln -.Adr i i tr_atc .... ': Date
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Environmental Health
Wafer Quality
360-385-9444
(f) 360-379-4487
PERSONAL SERVICES AGREEMENT
Between
JEFFERSON COUNTY
And
Appraisal Group of the Northwest LLP
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and James B. Price of Appraisal Group of the Northwest
LLP, General Real Estate Appraiser, hereinafter referred to as "the Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
1. Project C esr lLgij. The Consultant is retained by the County to provide review
appraisal services to support up to five fee -simple property acquisitions for the purpose of
floodplain restoration and salmon recovery (RCO #12-1384C and #15-1189) consistent
with Washington State Recreation and Conservation Office Manual 3, Acquiring Land.-
Policies,
and:Policies, and the Uniform Standards of Professional Appraisal Practice (USPAP).
2. Scopc aI' Services, Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor.
Time for Performance. Work under this contract shall commence upon the giving of
written notice by the County to the Consultant to proceed. Consultant shall perform all
services and provide all work product required pursuant to this Agreement on the dates
listed on Exhibit "A".
4, Tjncnt. 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 not exceed $3,900 at a rate of
$780 per appraisal review report without express written modification of the
Agreement signed by the County.
b. The consultant may submit invoices to the County once per month 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
completion of the work under this Agreement and its acceptance by the County.
d. Payment as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
CONSULTANT AGREEMENT
d. 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.
e. 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.
5, Owner hip and Use offloct inents. 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. (rn )fl ante 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.
T Indemnili ation, 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 attorneys 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.
Insurance,.,
Fhe Consiwltant shall obtain and keep in force during the terms of the Agreement, policies
of insurance as follows:
If and only if the Consultant employs any person(s) in the status of employee or
employees separate frorn or in addition to any equity owners, sole proprietor, partners,
owners or shareholders atC"the Consultant Worker's Compensation Insurance in an
amount or amounts that are not less than the required statutory minim 11,11(s) as established
by the State of Washington or the state or province where the Consultant is located.
(."cwr��t inei, ial Atitorriobile [Jaabill.l.y lnstLLatjc providing bodily injury and property
damage liability coverage li.mr° all owned and non -owned vehicles assigned to or trsed 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.
General f onnntercial Liabilillnsur��anc in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times
the occurrence arnotrnt ($2,000,000.00 minirritarn) for bodily igjmy, including death and
property darnage, tanless a greater amount is specified in the contract spec.iltctat:ioals. The
CONSULTANT AGREEMENT
Page 2 of 9
insurance coverage shall contain no limitations on the scope of the protection provided
and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability — including completed operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the County
within fifteen (15) days of execution of this Agreement.
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.
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.
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.
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.
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
CONSULTANT AGREEMENT
Page 3 of 9
additional security covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
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.
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.
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.
9. li��l
1�aa 11deni Coptractor. 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 A 1,din t Colltmilr�cnt 1 ees. 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. Discrinriiiation 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
CONSULTANT AGREEMENT
Agreement without the express written consent of the County.
13.Non-W,,live , 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 evem of the death of a sear, er, partner or officer of the ConsLiltant, or any
of its stipervisory personnel assigned to the project, the surviving ineinbers 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 Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360/379-4498
Notices to Consultant shall be sent to the following address:
James Price, MAI, SR/WA
1409 140`" Place NE, Ste. 105
Bellevue, WA 98007-3963
Ph: 425/453-9292
16.This Agreement together with exhibits 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 9
DATED this
SIGNATURE PAGE
day of
James, B. Price
Name wonsultant
ur e)
St , e Certification Number — General
#1100229 Expiration: June 13, 2017
Date
1A
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kathleen Kier, Chair
Phil Johnson, Member
David W. Sullivan, Member
Approved as to i" irm only:
David Alvarez Dto
Deputy Prosecuting Attorney
CONSULTANT AGREEMENT
Page 6 of 9
Exhibit A
Scope of Work
Big Quilcene River Floodplain Appraisal Reports
James B. Price, certified General Real Estate Appraiser, will perform review appraisals for up to
five fee simple acquisitions (APN#s 991200402 and 991200403 (Property #1); 991200407
(Property #2); 991200305 and 991200304 (Property #3); 991201101 and 991201103 (Property
#4); and 991200405 (Property #5) located north of the Big Quilcene River in Quilcene,
Washington as part of a salmon recovery project. The reports will be prepared in conformance
with Uniform Standards of Professional Appraisal Practice (USPAP) and the Washington State
Recreation and Conservation Office Manual 3, Acquiring Lands: Policies
(1' x0-44&ck,wInc] It1111<InLit) IS&foniiS/M,IIItia1 3
Deliverables: 1 signed hard copy and an electronic copy (PDF) of each of the up to five
separate review appraisal reports.
Due Dates: 30 Days from Notice to Proceed for each of the reports.
CONSULTANT AGREEMENT
Page 7 of 9
Exhibit B
CERTIFICATION OF CONSULTANT
Jefferson County
I y " I ain mw and duly authorized representative of the firm
I hereby certify that _..,,
61 _ and that neither I nor the above firm I here
represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other
consideration, any firin or person (other than a bona fide employee working solely for me or the
above Contractor) to solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out the contract.
(c) Paid, or agreed to pay',, to any firin, organization or person (other than a bona fide employee
working solely for nie or the above Contractor) any fee, contribution, donation or consideration of
any kind for, or in connection with procuring or carp°ying out the coiltract, except as here
expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington
and that the firm is in full compliance with the requirements of the Board of Professional Registration.
Date
CERTIFICATION OF AGENCY OFFICIAL
I hereby certify that I am the AGENCY Official of the County of Jefferson, Washington State and that the
above consulting firm or its representative has not been required, directly or indirectly as an express or
implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or
consideration of any kind, except as here expressly stated (if any).
Date
Signature
CONSULTANT AGREEMENT
Page 8 of 9
Exhibit C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
The prospective primary participant certifies to the best of its knowledge and belief that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three: (3) year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State anti-
trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (2) of this certification; and
4. Have not within a three (3) year period preceding this proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
EM
Signai,urd",(rAuthorized Official or Consultant)
DATE
CONSULTANT AGREEMENT
Page 9 of 9