HomeMy WebLinkAbout050117_ca07615 Sheridan Street
Port Townsend, WA 98368
�ej�vison www. Jeff ersonCountyPublicHealth.org
Public HeConsent Agenda
WQ-17-6
April 3, 2017
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Health Specialist
DATE: �5 1) I? I -A -
SUBJECT: Agenda Item - Memorandum of Understanding (MOU) with the City of Forks;
March 1, 2017 - June 30, 2017; $0.
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Memorandum of Understanding (MOU) with the City
of Forks to install and maintain a water bottle filling station; March 1, 2017 - June 30, 2017; $0.
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
This MOU contracts with the City of Forks to install one water bottle filling station and accompanying sign in
the Forks Transit Center, and a marine or coastal themed display in the Forks Transit Center's great room.
The water bottle filling station, signage and display materials will be provided by Jefferson County.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding is provided by a DFW grant.
RECOMMENDATION:
JCPH Management recommends BOCC signature of the Memorandum of Understanding (MOU) with the City
of Forks to install and maintain a water bottle filling station; March 1, 2017 - June 30, 2017; $0.
REVIEWED BY:
NWO�Ko-rley, Date
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
MEMORANDUM OF UNDERSTANDING
Between
City of Forks
and
Jefferson County
THIS MEMORANDUM is entered into between the County of Jefferson, a subdivision of the
State of Washington, hereinafter referred to as "the County", and the City of Forks, hereinafter
referred to as "the City", co-owner of the public facility known as the Forks Transit Center, in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
Project Designation. The City will install one water bottle filling station and accompanying sign
in the Forks Transit Center ("Center") as well as a marine- or coastal -themed display in the
Center's great room. The water bottle filling station, signage and display materials are funded by
a grant from the Washington State Department of Wildlife (DFW) #15-04914 on behalf of the
North Pacific Coast Marine Resources Committee (MRC) and will be provided by Jefferson
County.
1. Scope of Services. The County and City agree to perform the services, identified on Exhibit
A, attached hereto, including the provision of all labor, materials, equipment, and supplies.
2. Time for Performance. This Memorandum shall commence on March 1, 2017 and continues
through June 30, 2017 unless terminated as provided herein. The Memorandum may not be
extended beyond June 30, 2017.
3. Payment. The City will not be reimbursed for any of the work performed under the terms of
this Memorandum.
a. Funding for this agreement 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 Memorandum,
this agreement may be renegotiated or terminated as provided herein.
4. Compliance with Laws. City shall, in performing the services contemplated by this
Memorandum, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Memorandum.
5. Indemnification.
a. The City shall indemnify and hold the County, and its officers, employees, and agents
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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 City's negligence or breach of
any of its obligations under this Memorandum; provided that nothing herein shall require
a City to indemnify the County against and hold harmless 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
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Forks Transit Center — Water Bottle Filling Station Sign and Ceiling Display 2017
concurrent negligence of. a) the City'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 City's negligence, or the negligence
of the City's agents or employees.
b. Should a court of competent jurisdiction determine that this Memorandum is subject to
RCW 4.24.115, 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
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions
of this section shall survive the expiration or termination of this Memorandum.
6. Insurance. The City shall obtain and keep in force during the terms of the Memorandum, 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 damage unless otherwise specified in the agreement 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;
ii. PersonaInjury Lia i ityinjury;, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability including completed operations (City
only);
iv. Premises — Operations Liability (M&C);
v. Independent City; and
vi. Blanket Contractual Liability.
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Forks Transit Center — Water Cottle Filling Station, Sign and Ceiling Display 2017
d. 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 City. 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 City until such time as City 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 agreements and specific service Memorandums.
f. 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 City must provide in order to comply with the Memorandum.
g. If the proof of insurance or certificate of coverage indicating the County is an "additional
insured" to a policy obtained by the City 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
City to obtain the full text of that endorsement and forward that full text to the County
within 30 days of the execution of the Memorandum.
h. The County may, upon the City's failure to comply with all provisions of this agreement
relating to insurance, withhold deliverables that would otherwise be due to the City.
7. Independent Contractor. The City and the County agree that the City is an independent
Contractor with respect to the services provided pursuant to this Memorandum. Nothing in
this Memorandum shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the City nor any employee of the City shall be entitled to
any benefits accorded County employees by virtue of the services provided under this
Memorandum. 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 the City or any
employee of the City.
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Memorandum, 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. The City shall comply with
all Federal, State, and local laws and ordinances applicable to the work to be done under this
Memorandum. This Memorandum shall be interpreted and construed in accord with the laws
of the State of Washington and venue shall be in Jefferson County, WA,
9. Termination. The County reserves the right to terminate this agreement in whole or in part,
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Forks Transit Center -- Water Bottle Fillinig Station Sign and Ceiling Dip Ip av 2017
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
Memorandum. 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.
a. This Memorandum may also be terminated as provided below:
i. With 30 days notice by the Board of County Commissioners for any reason, or
ii. 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 City by voluntary resignation.
10. Integrated Memorandum. This Memorandum together with attachments or addenda,
represents the entire and integrated Memorandum between the County and the City and
supersedes all prior negotiations, representations, or Memorandums written or oral. This
Memorandum may be amended only by written instrument signed by the County and City.
DATED this
day of
By
Kathleen Kler, Chair
Jefferson Board of County Commissioners
01
Rod Fleck, City of Forks
Concurrence by
Wendy Clark-Getzin, Clallam Transit
Attest/Authenticated:
Deputy Clerk of the Board
2017
APPROVED AS TO FORM
Y
ved s to form:
!7 I -7
G•
Philip C. Hunsucker
Chief Civil Deputy Prosecutor
Jefferson County Prosecutor's vttice
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Forks Transit Center — Water Bottle Filling Station Sign and Ceiling Display 2017
Exhibit A: Scope of Work
In cooperation with the North Pacific Coast Marine Resources Committee (NPC MRC),
Jefferson County (County) will provide a water bottle filling station (Elkay EZS8WS or similar)
to the City of Forks (City) for installation in the Forks Transit Center, Jefferson County will also
provide a sign to accompany the filling station as well as a design and large format prints for a
coast- or ocean -themed display to be installed by the City on the upper walls and/or ceiling of the
Transit Center's main room. The filling station and display will be for public enjoyment and to
promote community engagement in marine resources and marine protection.
Task 1 — Coastal/Ocean Display and Sign Development
Jefferson County will coordinate with the NPC MRC and the City to develop a design for a
coast- or ocean -themed display in the Transit Center using images provided by the Olympic
Coast National Marine Sanctuary. Jefferson County will also develop a design for a sign
promoting marine debris prevention to accompany a new water bottle filling station.
Deliverables:
1 a) Design for Display and Sign
(May 1, 2017)
Task 2 Procurement of Water Bottle Filling Station Display and Si
Jefferson County will purchase a water bottle filling station (Elkay EZS8WS or similar) and have
it delivered to the City of Forks. The County will work with a vendor to produce the display
prints and the filling station sign, and deliver them to the City.
Deliverables:
2a) Display prints and sign
(June 1, 2017)
Task 3 — Water Bottle Filling Station. Disalav and Sign Installation
The City will install the filling station, the accompanying sign, and the coast- or marine -themed
display inside of the Forks Transit Center's great room.
Deliverables:
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(June 30, 2017)
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Forks Transit Center— Water Bottle FiIling Station Sign and Cel lin Display 2037
Exhibit B: W DFW Final Report Foran
Page 6 of 6
Project Title:
MRC:
Project Leader's Name:
WDFW Contract #:
Has this project been completed? Yes [] ongoing Project ❑
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 spent, please explain why below:
Was any inventoriable equipment purchased with your MRC funds for this project? Yes ❑ No ❑
If you did purchase any inventoriable equipment, you will be contacted about returning the equipment
to WDFW 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 ❑ No ❑
Have all Volunteer Timesheets been turned in? Yes ❑ No ❑
Have all reimbursement requests been turned in? Yes ❑ No ❑
Please submit any remaining volunteer registration forms, volunteer timesheets, and reimbursement
requests with this report.
How many total volunteer hours were used on this project?
Please describe the accomplishments of the project below:
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 be included in the annual report to the governor and the
appropriate committees of the legislature. This report will also be made available to all grantees, the
Fish and Wildlife Commission, the Director of WDFW, WDFW's Executive Management Team and other
personnel within WDFW as well as the general public (via our webpage). Please send photographs of
project activity (with photographer's full name) as an e-mail attachment to:
0essi.doer in haus dfw.wa. ov (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:
jessi.doerpinghaus@dfw.wa.gov
Or
V V 1 'V V
ATTN JESSI DOERPINGHAUS
48 DEVONSHIRE ROAD
MONTESANO, WA 98563