HomeMy WebLinkAbout101716_ca02615 Sheridan Street
Port Townsend, WA 98368
Consent Agenda
WQ-16-27-A-1
September 23, 2016
JEFFERSON COUNTY
BOARD OF COUNT` COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Michael Dawson, Water Quality Lead
DATE: I I
SUBJECT: Agenda Item — Professional Services Agreement A-1 — Hood Canal
Coordinating Council; November 1, 2014 — March 31, 2017; Add'I
$14,295 for total of $179,295
TEMEIT F ISSUE:
Jefferson County Public Health, Water Quality Division, is requesting Board approval of the
Professional Services Agreement A-1 — Hood Canal Coordinating Council; November 1, 2014 — March 31,
2017; Add'I $14,295 for total of $179,295
ANALYSIS STRATEGIC GOAL PRO an ON
The Hood Canal Coordinating Council (HCCC) provides for project administration and management,
formation of a guidance group to advance collaborative water pollution identification and correction (PIC)
work, updating GIS amp data, which includes OSS location, age, type, and analysis to determine clusters
of old or unknown OSS that could impact water quality; advance and continue PIC work in three counties;
nutrient studies; education activities; workshop and training participation. The regional PIC program helps
strengthen Jefferson County's own PIC efforts, and advances effective PIC methods and practices.
FISCAL IMPACT C T BENEFIT AN LYSIS:
This amendment adds $14,295 and modifies the contract period to end on March 31, 2017. The county will
provide water quality and onsite septic system data to HCCC and meet with project partners to identify key
elements of successful PIC programs. Tasks required for this project dovetail with existing work the county
is performing for Clean Water Projects and will be particularly helpful for the Hood Canal Watershed
project currently underway.
r:
360-385-9400
360-385-9401 (f)
1111 Jill illilir I'll 11�111 1111 Jill I
Water Quality
4.
615 Sheridan Street
Port Townsend, WA 98368
L,i,;i,i,AN.JeffersonCountyPublicHealth.o[a
JCPH management requests approval of the Professional Services Agreement A-1 — Hood Lanai
Coordinating Council; November 1, 2014 — March 31, 2017; Add'l $14,295 for total of $179,295
REVIEWED BY:
li'p M-o'r-
1eWounty AdministrU---Date
360-385-9400
360-385-9401 (f)
Water Quality
360-385-9444
(f) 360-379-4487
AGREEMENT AMENDMENT #1
This Agreement Amendment is made and entered into between Jefferson County Public Health, an
independent contractor located at 615 Sheridan St., Port Townsend, WA 98368 (UBI: 161-001-69),
hereinafter "Contractor", and the Hood Canal Coordinating Council, with its principal office located at
17791 Fjord Drive NE, Suite 122, Poulsbo, WA 98370, hereinafter "HCCC."
In consideration of the mutual benefits and covenants contained herein, the parties agree that their original
Agreement dated November 1, 2014 -April 30, 2017, shall be amended to renew and extend the original
Agreement and Exhibit A for work performed under DOH/Hood Canal Pollution Identification and
Correction Program (N20719) as per the amended Exhibit A - Scope of Work, budget, and timeline, included
herein:
1. Budget adjusted based on updated spending projection:
Jefferson
Task 1
Task 2
Task 3 Task 4
Task 5 Task 6 Task 7 Total
County
Admin
Guidance
GIS PIC
Nutrient Outreach Workshops
Group
Study
Original
$2,778 .............
$7,222
$0 $145,000
5 $165,575
$10,000 $0�$575
Adjusted
$10,873
$8,822
$0 $145,000
$11,600 $1,500 $1,500 $179,
..� .�. ....._ 295
a. Task 1 funding addition: $8,095 added to this task to account for actual expected spending rate
throughout the duration of the grant period.
b. Task 2 funding addition: $1,600 added to this task to account for actual expected spending rate
throughout the duration of the grant period.
c. Task 5 funding addition: Added $1,600 to account for spending in first half of grant period, and
make available original $10,000 budgeted for implementation of this task during the second half.
d. Task 6 scope of work additions: Added $1,500 to conduct reporting on successes and next
steps to decisions makers and the public in Q1 2017.
e. Task 7 funding addition: $575 was included in the original DOH project grant for this task, but
was not included in the sub -contracts. This amendment includes the original $575 and increases
the budget $925 to enable DOH PIC workshop attendance.
2. Invoices and progress reports will be submitted on a monthly basis, by the 20"' of the following
month.
3. Project termination date is changed to March 31, 2017, to align with the source contract grant from
DOH (N20719). All project deliverables dated April 2017 are changed to March 31, 2017.
Except as expressly provided herein, all other terms and conditions of the original Agreement, and any
subsequent amendments, addenda or modifications thereto, remain in full force and effect.
This Amendment shall become effective as of the date signed.
Dated this day of Dated this day of
For Hood Canal Coordinating Council
For Jefferson County Public Health
Scott Brewer, Executive Director Name:
PROFESSIONAL SERVICES CONTRACT
BETWEEN
THE HOOD CANAL COORDINATINGCOUNCIL
JEFFERSONAND
•'
THIS AGREEMENT is made dffective this 1st day of November, between Hood
Canal Coordinating Council (HCCC) and Jefferson County Public Health (Contractor).
The parties agree as follows:
1. DEFINFTIONS,. -- For purposes of this Agreement, the term -
(a) "Hood Canal Coordinating Council" means Hood Canal Coordinating
Council, also referred to as HCCC, a Washington Corporation, and its directors,
officers, employees and agents;
(b) "Invoice" means the documentation required by HCCC to verify
performance by Contractor of services rendered under this Agreement. The invoice
shall include the description of work performed by Contractor. The invoice shall
provide a progress report describing all activities accomplished for the period being
invoiced.
2. SERVICES TO BE PERFORMED AND DELIVERABLES. -- The Contractor
agrees to provide services to HCCC a described i..e:, it A.
as n Exhibit A.
(a) HCCC agrees to pay Contractor on a monthly basis following submittal
and approval of a correct invoice documenting services rendered and costs incurred.
(b) Contractor's invoice shall indicate dates of service and time spent on date
providing service under this Agreement. Contractor shall submit each invoice to
HCCC's Project Manager for review and approval prior to payment. HCCC must
receive correct and complete invoices within 60 days of the Agreement expiration date.
Late invoices will be paid at the discretion of HCCC and are contingent upon the
availability of funds. Failure to submit a properly completed IRS Form W-9 may result
in delayed payments.
(c) If the Contractor fails to perform any substantial obligation and the failure
has not been cured within 10 days following notice from the HCCC, the HCCC may, in
its reasonable discretion and upon written notice to the Contractor, withhold all monies
due the Contractor, without penalty, until such failure to perform is cured. For the
purposes of this provision, "substantial" means faithfully fulfilling the terms and
conditions of the Contract with variances only for technical or minor omissions or
defects.
Hood Canal Coordinating i Ancil
Page 2 of 18
(d) The total amount payable under the Contract by the HCCC to the
Contractor in no event will exceed the amounts indicated on Exhibit A.
(e) The Contractor will be paid only for work expressly authorized in the
Contract.
(f) The Contractor will not be entitled to payment for any services that were
performed prior to the effective date of the Contract or after its termination, unless a
provision of the Contract expressly provides otherwise.
4. TERM. -- The term of this Agreement commences on November 1, 2014 and
terminates on April 30, 2017. This Agreement may be terminated by either party
without cause 30 days following written notice to the other party. All rights, duties,
and obligations accrued under this Agreement shall survive after termination.
5. TRAINING. -- Contractor acknowledges that no training will be provided to
Contractor under this Agreement. Contractor warrants and represents that its
personnel are fully trained to perform services required under this Agreement and that
additional training provided by HCCC will be unnecessary.
(a) Cont acio.r shall act as an independent contractor, and in no way slia.11 be
considered an en,iployee of HCCC. Contractor is not required to report to 11CCC�'s
offices at any specific time, except as requested for occasional consultations. HCCC
does not have the right to assign any additional projects to Contractor. Contractor shall
clioose the tirru, and manner forP er.fori-ring each part of the services described in
Exl t.)it A according to its own r0titities and schedules, independent from IiC C's
normal business operations.
(b) Contractor shall be responsible for payment of all taxes, insurance and
other obligations relating to its performance of services under this Agreement.
Contractor shall provide HCCC with verification of its -
(1) Unified business identifier number from the state of
Washington and that its business license is in good standing, if applicable;
(2) Washington State Department of Revenue account and that the
account is in good standing, if applicable;
(3) Washington State Labor and Industries account and that the
account is in good standing or that the Contractor is exempt from the state's industrial
insurance requirements; and
(4) All other necessary licenses and permits to perform the work
specified in Exhibit A.
(c) Contractor acknowledges that Contractor will not qualify for benefits
which may be available if classified as an employee. In the event that the Internal
Revenue Service (IRS) successfully asserts that Contractor is not or was not an
Hood Canal Coordinating C ncil
Page 3 of 18
independent contractor for any period during the term of this Agreement and
reclassifies Contractor as an employee, Contractor agrees to complete, sign and deliver
IRS Form 4669 (Employee Wage Statement) to HCCC for any tax period affected. HCCC
shall then fikc the Form 4669 with the 9;RS (arlo ag with IRS Form 4670 "Rr ClUest for Relief
From Payment of Income Tax Withholdfr°ig ") to offset against H CC's withholding
obligation.
(d) Contractor acknowledges that it will be liable to HCCC for any industrial
insurance premiums or any other premiums or fees that HCCC is required to pay on its
behalf under RCW 51.12.070, or any other applicable statute, regulation or ordinance, to
the State of Washington or local jurisdiction.
7. NON-EXCLUSIVE CONTRACT. -- This Agreement is non-exclusive.
Contractor reserves the right to perform services for others during the term of the
Agreement.
8. nAND EQUIPMENT. -- Contractor shall provide
all materials
and equipment ees�y perform its fIigations cad!< tarbs Agreeinerat:
Provided,
however, that Contractor may use office egr.ril)na.ent located in the offices Of 1:-1"(.CC, as
available, and provided however, that if "Other 1'�xper ses" have been awarded as part
of this agreement, HCCC will purchase said supplies and services on behalf of the
Contractor as part of this Agreement..
_�...
9. INDEMNIFICATION. "ION. -- Each party *agrees to defer and indemnify the ether
party and its, elected and appointed officials, officers, e�rnployees and agents agawrastaal:l.
clain'is, losses, damages, s°c�tits and exper°rses, including reasonable attorneYs' fees and
costs, to the extentthey arise out of, or result from, the negligence or willful misconduct
of the indemnitor or its elected or appointed officials, officers, employees and agents in
the performance of this Agreement. The indemnitor's duty to defend and indemnify
extends to claims by the elected or appointed officials, officers, employees or agents of
the indemnitor or of any contractor or subcontractor of indemnitor. The indemnitor
waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of
Washington solely for the purposes of this provision and acknowledges that this waiver
was mutually negotiated. This section shall survive the expiration or termination of this
Agreement.
(a) Contractor hereby indemnifies and holds harmless HCCC from:
(1) all claims and liabilities resulting from acts or omissions by
Contractor under this Agreement; and
(2) any additional taxes, interest and penalties due from Contractor
or HCCC resulting from reclassification in the event the IRS or any state or local taxing
authority successfully asserts that Contractor is not or was not an independent
contractor for any period during the term of this Agreement and reclassifies Contractor
as an employee.
Hood Canal Coordinating k- .ncil
Page 4 of 18
(b) HCCC hereby indemnifies and holds harmless Contractor from all claims
and liabilities resulting from acts or omissions by HCCC under this Agreement.
10. IS U 'RANCE. -- Contractor shall provide HCCC with a certificate of
insurance as specified in this section which is effective during the duration of this
Agreement. HCCC may require that the certificate of insurance name HCCC as
additional insured parties.
11. BUSINESS LICENSES AND TAXES. -- Contractor shall, at its own expense,
secure and maintain in full force and effect during the term of this Agreement all
required licenses, permits, and similar legal authorization, and comply with all
applicable Federal, State and local regulations.
12. CONFIDENTIALITY. -- Information produced or made available to the
Contractor shall -not be disclosed to others or used for any other purpose, except as
required under this Agreement, without prior written approval by HCCC. Personal and
confidential information including, but not limited to protected health information
collected, used or acquired in connection with this Agreement shall be used solely for
the purposes of this Agreement. Contractor and its subcontractors agree not to release,
divulge, publish, transfer, sell or otherwise make known to unauthorized persons
personal information without the express written consent or as provided by law.
Contractor agrees to implement physical, electronic and managerial safeguards
to prevent unauthorized access to personal information. For the purposes of this
provision, personal information includes but is not limited to information identifiable to
an individual that relates to a natural person's health, finances, education, business, use
or receipt of governmental services, or other activities, names, addresses, telephone
numbers, social security numbers, driver license numbers, financial profiles, credit card
numbers, financial identifiers and other identifying numbers. If responding to a public
record disclosure under RCW 42.56 in which responsive public records include records
related to this Agr(vin,ent, the Contractor agrees to ri,otify and (discuss with the HCCC
requests for all infortnai:Jon that are part of this agreenient, prior to disclosing the
information.
13. OWNERSHIP OF PRODUCTS PRODUCED UNDER THIS CONTRACT. --
All data and products developed under this Agreement, excluding copyrighted
material used with permission, or other public data that cannot be copyrighted, shall
become the joint property of the HCCC and the Contractor.
C
14. INSPETION AND RETENTION OF RECORDS. -- The Contractor shall
EC
TIO
all financial records, supporting documents, and all other pertinent records,
available to HCCC for inspection, with respect to all matters related to this Agreement.
Records shall be retained for a period of six years after final payment has been made.
15. APPLICABLE LAW. -- This Agreement shall be construed and enforced
under the laws of the State of Washington, irrespective of the fact that any one of the
Hood Canal Coordinating t- ..neil
Page 5 of 18
parties is now or may become a resident of another state. Venue for any action under
this Agreement shall lie in Jefferson County, Washington.
16. MOD-1171CAT10N. -- This Agreement may not be waived, discharged or
modified in any manner other than by written agreement of the parties.
17. SEVERAMLITY. -- No provision of this Agreement is severable from any
and all other provisions of this Agreement. Should any provision or provisions of this
Agreement be unenforceable for any reason, the party finding itself unable to enforce
said provision(s) may, at its sole discretion, declare this entire Agreement to be null and
void.
18. WAIVER. -- If either party fails to exercise its rights under this Agreement, it
shall not be precluded from subsequent exercise of its rights. A failure to exercise rights
shall not constitute a waiver of any other rights under this Agreement, unless stated in a
letter signed by authorized representative of the party and attached to the original
agreement.
19. COSTS AND ATTORNEYS FEES. -- If either party brings any action against
the other for relief, declaratory or otherwise, arising out of this Agreement, the
prevailing party shall recover against the other party all costs and reasonable attorneys'
fees, including costs and reasonable attorneys' fees incurred to enforce any judgment
rendered pursuant to this Agreement.
20. CONTRACTOR NON PERFORMANCE. -- The Contractor is excused from
its non performance of an obligation under this agreement if the non-performance is
caused by any act, omission, event or condition that is outside of the Contractor's
reasonable control. This includes, but is not limited to, the failure of any person, party
or organization to provide the Contractor with the information or capabilities necessary
to enable the Contractor to perform its obligations in the manner, and by the deadlines,
specified in the agreement.
21, SPECIAL TERMS AND CONDITIONS, -
(a) Commercial Goods or Services: Contractor shall fully comply with the
standards in Section 210(a) -(d) of OMB Circular A-133.
(b) Suspension and Debarment: Contractor shall fully comply with
Subpart C of 2 CFR Part 180 and 2 CRF Part 1532, entitled "Responsibilities of
Participants Regarding Transaction (Doing Business with Other Persons)." The
Contractor, by signature of this Agreement, certifies that it is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any
Federal department or agency from participating in transactions.
(c) Recycled Paper: Contractor agrees to submit reports to project
manager in portable document format (.pdf) or otherwise use recycled paper and
double -sided printing for all reports which are prepared as part of this agreement.
Hood Canal Coordinating veil
Page 6 of 18
(d) Trafficking in Persons: You as the Contractor, your employees, sub-
awardees under this award, and sub-awardees' employees may not engage in severe
forms of trafficking in persons during the period of time that the award is in effect;
procure a commercial sex act during the period of time that the award is in effect; or use
forced labor in the performance of the award or sub -awards under this award.
(e) ACORN Funding Restriction: No funds provided under this
Agreement may be used for sub -grants or contracts to the Association of Community
Organizations for Reform NOW (ACORN) or any of its subsidiaries.
(f) Audit Requirements: Contractor shall fully comply with requirements
of the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of
States, Local Governments, and Non -Profit Organizations," if applicable.
(g) Allowable Costs: Contractor shall submit expenditures that meet the
test of the appropriate OMB Circular.
(h) Nondiscrimination: During the performance of this Agreement, the
Contractor shall comply with all federal and state nondiscrimination laws, regulations
and policies.
(i) Publicity: The Contractor agrees to submit to HCCC all advertising
and publicity matters relating to this Agreement where HCCC or the Washington State
Department of Health's name is mentioned or language used from which the
connection of these entities name may be inferred or implied. The Contractor agrees
not to publish or use such advertising and publicity matters without the prior written
consent of HCCC.
0) Subcontracting: The Contractor shall not enter into subcontracts for
any of the work contemplated under this agreement without prior written approval of
HCCC. The Contractor is fully responsible for all contractual obligations, financial or
otherwise, to their subcontractors.
(k) Dispute Resolution: The parties to this agreement shall first attempt to
resolve disputes informally at the staff level. In the event that the dispute cannot be
resolved informally at the staff level, a dispute resolution procedure shall be
followed. Each party to this agreement shall appoint one member to the Dispute
Board. The members so appointed shall jointly appoint an additional member to the
Dispute Board. The Dispute Board shall review the facts, terms, and applicable statutes
and rules and make a determination of the dispute. The determination of the Dispute
Board shall be binding on parties hereto. Each party to this agreement shall be
responsible for paying for its own costs resulting from a dispute. Any additional costs
resulting from resolution of a dispute shall be shared equally by both parties.
(1) Lobbying and Litigation: Contractor shall ensure that no grant funds
awarded under this Agreement are used to engage in lobbying or other political
Hood Canal Coordinating C aril
Page 7 of 18
activities of the Federal Government or in litigation against the United States unless
authorized under existing law.
(m) Drug Free Workplace: Contractor must make an ongoing, good faith
effort to maintain a drug-free workplace.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as
of the day and year first above written.
I
MZa
Z" X"
Date:
Approved as to form only:
Jefferson C,oprity PrO. S e.,,CLItor's Office
Date: . ..... .
Hood Canal Coordinating L ncil
Page 8 of 1
Agreement Representatives:
Scott Brewer, Executive Director
Hood Canal Coordinating Council
17791 Fjord Drive NE, Suite 122
Poulsbo, WA 98370
Phone: (360) 394-0046
E-mail: sbrewer@hccc.wa.gov
Jared Keefer
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
Phone: 360-385-9444
E-mail: jkeefer@co.jefferson.wa.us
UBI No.: 161001169
EIN: 91-6001322
DUNS: 184826790
Contract Project Managers:
For the Hood Canal Coordinatin Council:
Haley Harguth, Watershed Planning and Policy Coordinator
HCCC
17791 Fjord Drive NE, Suite 122
Poulsbo, WA 98370
Phone: (360) 394-0046
E-mail: hharguth@hccc.wa.gov
For Tefferson :�untv
Public Health:
Mike Dawson, Environmental Health Specialist
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
Phone: 360-385-9444
E-mail mdawson@co.jefferson.wa.us
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