HomeMy WebLinkAbout050117_ca08615 Sheridan Street
Port Townsend, WA 98368
Aff,e&son www. Jeff ersonCountyPublicHealth.org
Consent Agenda
Public He
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/al a01`1 -
SUBJECT: Agenda Item — Memorandum of Understanding (MOU) with Forks Chamber of
Commerce; March 1, 2017 — June 30, 2017; $0.
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Memorandum of Understanding (MOU) with Forks
Chamber of Commerce 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 Forks Chamber of Commerce to install and provide public access to one water
bottle filling station unit and mount and display one educational sign in close proximity of the filling station.
The water bottle filling station unit and sign 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 Forks
Chamber of Commerce to install and maintain a water bottle filling station; March 1, 2017 — June 30, 2017;
$0.
REVIEWED BY:
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Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
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Date
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
MEMORANDUM OF UNDERSTANDING
Between
Forks Chamber of Commerce
and
Jefferson County
THIS MEMORANDUM is entered into between the County of Jefferson, a municipal
corporation, hereinafter referred to as "the County", and the Forks Chamber of Commerce, a
non-profit organization, hereinafter referred to as "the Chamber", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Chamber will install one water bottle filling station and an
accompanying sign at the Forks Visitor Center. The water bottle filling station unit and sign
are funded by a grant from the Washington State Department of Wildlife (DFW) #15-04914
and will be procured by Jefferson County and delivered to the Visitor Center.
2. Scope of Services. The Chamber agrees to perform the services, identified on Exhibit A,
attached hereto, including the provision of all labor, materials, equipment, and supplies, and
to complete the DFW final report form, Exhibit B.
3. 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.
4. Payment. The Chamber will not be reimbursed for any of the work performed under the
terms of this Memorandum.
a. Funding for this contract 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 contract may be renegotiated or terminated as provided herein.
5. Compliance with Laws. Chamber 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.
6. Indemnification.
a. The Chamber shall indemnify and hold the County, and its officers, employees, and agents
harmless from, and shall process and defend at its own expense, including all costs,
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 Chamber's negligence or breach
of any of its obligations under this Memorandum; provided that nothing herein shall require
a Chamber 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 Chamber of Commerce — Water Bottle Filling Station and Sin 2017
concurrent negligence of: a) the Chamber'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 Chamber's negligence,
or the negligence of the Chamber'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.
7. Insurance. The Chamber 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. 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 contract 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. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability including completed operations
(Chambers only);
iv. Premises — Operations Liability (M&C);
v. Independent Chambers and Chambers; and
vi. Blanket Contractual Liability.
c. 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.
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Forks Chamber of Commerce -- Water Bottle Filling Station and Sign 2017
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 Chamber. 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 Chamber until such time as Chamber shall furnish additional
security covering such judgment as may be determined by the County.
d. The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service Memorandums.
e. 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 Chamber must provide in order to comply with the Memorandum.
f. If the proof of insurance or certificate of coverage indicating the County is an "additional
insured" to a policy obtained by the Chamber 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 Chamber 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.
g. The County may, upon the Chamber's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise
be due to the Chamber.
8. Independent Contractor. The Chamber and the County agree that the Chamber 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 Chamber nor any employee of the Chamber
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 Chamber, or any employee of the Chamber.
9. Discrimination Prohibited. The Chamber, with regard to the work performed by it under this
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 Chamber 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.
10. Termination. 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
Memorandum. In the event of termination under this clause, the County shall be liable for
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Forks Chamber of Commerce — Water Bottle Filling Station and Sian 2017
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 Chamber by voluntary resignation.
11. Integrated Memorandum. This Memorandum together with attachments or addenda,
represents the entire and integrated Memorandum between the County and the Chamber and
supersedes all prior negotiations, representations, or Memorandums written or oral. This
Memorandum may be amended only by written instrument signed by both County and
Chamber.
DATED this day of
By
Kathleen Kler, Chair
Jefferson Board of County Commissioners
Lissy Andros, Forks Chamber of Commerce
Attest/Authenticated:
Deputy Clerk of the Board
, 2017
APPROVED AS TO FORM
Approvel as to form:
Date: l-%
C.
Philip 6. Nunsiucker
Chief Civil Deputy Prosecutor
Jefferson County Prosecutor's Office
Page 4 of 6
Forks Chamber of Commerce - Water Bottle Filling Statlo_n and Sign 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 Forks Chamber of Commerce (Chamber) for installation in the Forks Visitor Center.
Jefferson County will also provide a sign to accompany the filling station. The Chamber will
install the filling station and the sign for public enjoyment and to promote marine debris
prevention.
Task 1 — Sigp
Jefferson County, with Chamber and NPC MRC input, will develop and produce a sign
promoting marine debris prevention to accompany the new water bottle filling station and deliver
it to the Chamber.
Deliverable:
la) Sign
(June 1, 2017)
Task 2 — Procurement of Water Bottle Fillin g Station
Jefferson County will purchase a water bottle filling station (Elkay EZS8WS or similar) and have
deliver it to the Chamber.
Deliverables:
2a) Display prints and sign
(June 1, 2017)
Task 3 — Water Bottle Filling Station and Sign Installation
The Chamber will install the filling station and accompanying sign in the Forks Visitor Center.
Deliverables:
3a) Photo of installed water bottle filling station unit and sign
(June 30, 2017)
Page 5 of 6
Forks Chamber of Commerce —Water Bottle Filling Station and Sign 2017
Exhibit B: WDFW Final Report Farms
Page 6 of 6
Project Title:
MRC:
Project Leader's Name:
WDFW Contract #:
Has this project been completed? Yes (1 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:
'essi.doer in haus dfw.wa, av (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
WDFW
ATTN JESSI DOERPINGHAUS
48 DEVONSHIRE ROAD
MONTESANO, WA 98563