HomeMy WebLinkAbout050117_ca09615 Sheridan Street
Port Townsend, WA 98368
V,,r%son www.JeffersonCountyPublicHealth.org
Public HeConsent Agenda
wQ-17-8
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: LJ/)
SUBJECT: Agenda Item — Personal Services Agreement with the Quillayute Valley School
District; February 1, 2017 — June 30, 2017; $2050.
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Personal Services Agreement with the Quillayute
Valley School District to install two water bottle filling stations and accompanying signage; February 1, 2017
— June 30, 2017; $2050.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This Personal Services Agreement contracts with the Quillayute Valley School District to install two water
bottle filling stations and accompanying signage at Forks High School, to procure and utilize vehicle (ROV)
"Angel" motor kits and parts in its ROV program, and to provide transportation for students and teachers to
beaches in support of marine education. Two water bottle filling stations and two accompanying signs 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 Personal Services Agreement with the Quillayute
Valley School District to install two water bottle filling stations and accompanying signage; February 1, 2017
— June 30, 2017; $2050.
REVIEWED BY:
Morley, C"un Date
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
PERSONAL SERVICES AGREEMENT
Between
Quillayute Valley School District
and
Jefferson County
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and the Quillayute Valley School District, hereinafter
referred to as "the Subcontractor", in consideration of the mutual benefits, terms, and conditions
hereinafter specified.
1. Project Designation. The Subcontractor is retained by the County to install two water bottle
filling stations and accompanying signage at Forks High School, to procure and utilize
vehicle (ROV) "Angel" motor kits and parts in its ROV program, and to provide
transportation for students and teachers to beaches in support of marine education. The water
bottle filling stations, signs, ROV supplies, and field trip transportation are funded by a grant
from the Washington State Department of Wildlife (DFW) 415-04914.
2. Sca e of Services. Subcontractor 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 Agreement shall commence on February 1, 2017 and continues
through June 30, 2017 unless terminated as provided herein. The agreement may not be
extended beyond June 30, 2017,
4. Payment. The Subcontractor shall be paid by the County for completed work and for services
rendered under this agreement as follows:
a. The Subcontractor will be reimbursed for all work performed under the terms of this
contract. Project costs include salaries and benefits, curriculum materials, field supplies
and transportation. Payment for the work provided by the Subcontractor shall not exceed
:2,050.00 in the completion of this project without express written amendment signed by
both parties to this Agreement.
b. 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 agreement, this
contract may be renegotiated or terminated as provided herein.
c. The Subcontractor may submit invoices to the County once per month, but not less than
quarterly, during the progress of the work for work completed to date. Such invoices will
be checked by the County, and upon approval thereof, payment will be made to the
Subcontractor in the amount approved.
d. Final payment of any balance due the Subcontractor 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.
e. 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
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complete the work.
f. The Subcontractor'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 six (6)
years after final payments. Copies shall be made available upon request.
5. Ownerslup and Use of Documents. All documents, drawings, specifications and other
materials produced by the Subcontractor in connection with the services rendered under this
agreement shall be the property of the County whether or not the project for which they are
made is executed. The Subcontractor shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Subcontractor's endeavors. The rights to any documents, drawings,
specifications and other materials owned by the Subcontractor prior to entering this
agreement and used during the performance of the services are retained by the Subcontractor.
6. Compliance with Laws. Subcontractor 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.
a. The Contractor 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 Contractor's negligence or breach
of any of its obligations under this Agreement; provided that nothing herein shall require a
Contractor 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
concurrent negligence of. a) the Contractor'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 Contractor's negligence,
or the negligence of the Contractor's agents or employees.
b. Should a court of competent jurisdiction determine that this agreement 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 agreement.
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8. Insurance. The Subcontractor shall obtain and keep in force during the terms of the
Agreement, 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 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
(contractors only);
iv. Premises — Operations Liability (M&C);
v. Independent Contractors and Subcontractors; and
vi. Blanket Contractual Liability.
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 Contractor. 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 Contractor until such time as Contractor 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 contracts and specific service agreements.
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
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villa ute Valley School District — Water Bottle Filling Stations RQVs Field Trip Transportation 2017
policy of insurance the Contractor must provide in order to comply with the Agreement.
g. If the proof of insurance or certificate of coverage indicating the County is an "additional
insured" to a policy obtained by the Contractor 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 Contractor to obtain the full text of that endorsement and forward that
full text to the County within 30 days of the execution of the Agreement.
h. The County may, upon the Contractor's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise
be due to the Contractor.
9. Independent Contractor. The Subcontractor and the County agree that the Subcontractor 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 Subcontractor nor any employee of
Subcontractor 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
Subcontractor, or any employee of Subcontractor.
10. Discrimination Prohibited. The Subcontractor, 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. The Contractor shall comply
with all Federal, State, and local laws and ordinances applicable to the work to be done under
this Agreement. This Agreement shall be interpreted and construed in accord with the laws of
the State of Washington and venue shall be in Jefferson County, WA.
11. 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 agreement.
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 agreement 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 Subcontractor by voluntary resignation.
12. Integrated Agreement. This Agreement together with attachments or addenda, represents the
entire and integrated agreement between the County and the Subcontractor 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 Subcontractor.
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uilla ute Valley School District -- Water Bottle Filling Stations ROVs Field Trip Transportation 2017
DATED this
am
day of
Kathleen Kler, Chair
Jefferson Board of County Commissioners
Quillayute Valley School District
Attest/Authenticated:
Deputy Clerk of the Board
Page 5 of 9
2017
APPROVED AS TO FORM
Approved as to form:
Date: 1111-711-7
X C.
Philip .Hunsucker
Chief Civil Deputy Prosecutor
Jefferson County Prosecutor's Office
uilla ute Valley School District —Water Bottle Filling Stations ROVs Field Trip Transportation 2017
Exhibit A: Scope of Work
Jefferson County will provide two water bottle filling stations and two accompanying signs to
the Quillayute Valley School District (Subcontractor). Subcontractor will install the filling
stations and signs inside Forks High School. Subcontractor will procure remotely operated
underwater vehicle parts and motors for use in the existing ROV club program and competitions.
Subcontractor will also conduct up to seven student field trips in in support of marine education.
Task 1 — Water Bottle Filling Stations
Subcontractor will install and provide student access to two water bottle filling station units to be
supplied by Jefferson County (Elkay EZS8WS or similar — indoor use only) by June 1, 2017 in
its school facilities. Subcontractor will also display two educational signs in close proximity of
the filling stations. The signs will be provided by Jefferson County and their contents developed
in partnership with Subcontractor.
Cost: $0
Deliverables:
1 a) Photos of installed water bottle filling station units and signs.
(June 15, 2017)
lb) Completion of the portions of the WDFW Final Report Form that apply to this
project (attached to this agreement).
(June 15, 2017)
Task 2 — ROV "Angel" motor kits and accessories
QVSD will procure motor kits and accessories and incorporate into the existing ROV
educational program.
Cost: $750
Deliverables:
2a) List and photos of ROV materials procured.
(June 15, 2017)
2b) Completion of the portions of the WDFW Final Report Form that apply to this
project (attached to this agreement).
(June 15, 2017)
Task 3 -- Support for Transportation to Beaches
Subcontractor will provide 5-7 trips for students and teachers to area beaches for the purposes of
marine education.
Cost: $1,300
Deliverables:
3a) List of field trips funded through this grant and photos taken at the beach.
(June 15, 2017)
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tuilla ute Valley School District —Water Bottle Filling Stations ROVs Field Trip Transportation 2017
3b) Completion of the portions of the WDFW Final Report Form that apply to this
project (attached to this agreement).
(June 15, 2017)
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villa ute Valley School DistrIct — Water Bottle Filling Stations ROVs Field Trip Transportation 2017
BUDGET
Category
Detail
NPC MRC
contributions
AVSD In-kind
Installation of filling
Salaries/Ben.
$0
$0
Provided by Jefferson
stations and signs_
2 water bottle filling stations and signs
County with WDFW funds
(supplies)
"Angel" ROV motor kits and accessories
Equipment
to be returned to WDFW at end of grant
and Supplies
period
$750 (cash)
$0
Travel Buses for 6-7 trips $1,300 (cash) $0
Fees _ None $0 $0
Total
NPC MRC
Cost $2;050.00 (cash)
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uilla ute Val ley School District Water Bottle Fill in Stations ROVs Field Trip Trans ortation 2017
Exhibit B: WDFW Final Renort Form
Page 9 of 9
Project Title:
M RC:
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,doerpinghaus@dfw.wa,g2v (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