HomeMy WebLinkAbout090517_ca02Consent Agenda
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Su Tipton
DATE: 5;/¢; .J ri
RE: Professional Service Agreement for Voluntary No -Anchor Zone
Buoy Maintenance for the JC MRC
STATEMENT OF ISSUE: Professional Service Agreement to complete Buoy Maintenance
in the Voluntary No -Anchor Zone, as per Grant No. SEANWS-2016-JeCoWS-00006
Northwest Straits Agreement between State of Washington Department of Ecology and
Jefferson County. This maintenance needs a diver to assist with underwater maintenance of the
buoys in the South Port Townsend Bay zone.
ANALYSIS: This maintenance is designated to be completed by September 30, 2017.
September 30, 2017 is the end date of the MRC 2016-17 Grant No. SEANWS-2016-JeCoWS-
00006.
FISCAL IMPACT: The funding, $2,000 has been budgeted through the MRC 2016-2017
grant and is available until September 30. 2017 at which time this grant expires.
RECOMMENDATION: Recommend Board of Commissioners approve this agreement.
DEPARTMENT CONTACT: Su Tipton
REVIEWED BY:
Zip Mo_y, Admi for
Date
PROFESSIONAL SERVICES AGREEMENT FOR
VOLUNTARY NO -ANCHOR ZONE BUOY MAINTENANCE FOR THE
JEFFERSON COUNTY MARINE RESOURCES COMMITTEE
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and Marine Surveys & Assessments (267 Hudson Street,
Port Townsend, WA 98368 (360-385-4073), hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. tion. The Consultant is retained by the County to do work for the
Jefferson County Marine Resources Committee (MRC). The MRC needs licensed diver
services to assist with underwater maintenance of voluntary no -anchors zone buoys in South
Port Townsend Bay), per Grant No. SEANWS-2016-JeCoWS-00006 Northwest Straits
Agreement between the State of Washington Department of Ecology and Jefferson County,
effective October 1, 2016, ending September 30, 2017.
2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor.
3. Time for Performance. Work under this contract shall commence upon the giving of
written notice by the County to the Consultant to proceed. Consultant receipt of a
Purchase Order shall constitute said notice. Consultant shall perform all services and
provide all work product required pursuant to this agreement on the dates listed on
Exhibit "A"
4. Payment. 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 be made as provided on
Exhibit "B" attached hereto, provided that the total amount of payment to
Consultant shall not exceed $2,000 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
the 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
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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. Ownership and Use of Documents. 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. Compliance 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.
7. Indemnification. 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 attorney's 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.
8. Insurance. 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 with the COUNTY named as an additional insured in connection with
the CONSULTANT'S performance of the contract.
Said liability policy shall name the County of Jefferson as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty
(30) days prior written notice to the County. Certificates of coverage as required by this
section shall be delivered to the County within fifteen (15) days of execution of this
agreement.
9. Independent Contractor. 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
PROFESSIONAL SERVICES AGREEMENT
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an employer with respect to Consultant, or any employee of Consultant.
10. Covenant Against Contingent Fees. 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. Discrimination 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
agreement without the express written consent of the County.
13. Non -Waiver. 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 event of the death of a member, partner or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members 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:
County's Contract Supervisor
Cheryl Lowe, MRC Coordinator
Jefferson WSU Extension Dept
121 Oak Bay Rd
Port Hadlock, WA 98339
(360) 379-5610 x 230
PROFESSIONAL SERVICES AGREEMENT
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cheryl.lowe@wsu.edu
Notices to Consultant shall be sent to the following address:
Contractor's Contract Representative
Amy Leitman, Owner
Marine Surveys & Assessments
267 Hudson St
Port Townsend, WA 98368
Office: (360) 385-4073, Mobile: (360) 301-0262
16. Integrated Agreement. This Agreement together with attachments 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.
DATED this
day of , 20
PROFESSIONAL SERVICES AGREEMENT
2017 JeffCoMRC Professional Serv_BuoyMaint_Agr, 8/2017 Page 4 of 7
SIGNATURE PAGE
Amy Leitman, MSA President
Consultant Representative (Please print)
(Signature)
Title
Date
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
Kate Dean, Member
David W. Sullivan, Member
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
llf� 4 4 4 oO
Laura Lewis, irector Date
Jefferson Co. WSU Extension Dept
PROFESSIONAL SERVICES AGREEMENT
20171effCoMRC Professional Serv_BuoyMaint_Agr, 8/2017 Page 5 of 7
Exhibit A: SCOPE OF SERVICES
Jefferson County Marine Resources Committee
Buoy Maintenance for Voluntary No -anchor Zones
Amy Leitman
Marine Surveys & Assessments (MSA)
267 Hudson Street
Port Townsend, WA 98368
360-385-4073
Pro i ect
The Jefferson County Marine Resources Committee (MRC) maintains navigational buoys to
mark the boundary of voluntary no anchor zones to encourage boaters to anchor outside the
existing eelgrass beds in several areas of Jefferson County. MSA will provide licensed divers,
boat and tender to locate anchors and reinstall three navigational buoys in South Port Townsend
Bay (Port Hadlock).
Assumptions
1. All buoys, anchors and associated hardware needed for repairs and maintenance will be
provided by the MRC.
2. Cost estimate is based on 5 hours of diver work, boat and tender, but MSA will charge
only for actual time spent at the rates listed below.
Deliverables and Deadlines
Invoices may be submitted to the County when work has been completed and approved by the
County's Contract Supervisor (Cheryl Lowe, MRC Coordinator).
All work must be completed by September 30, 2017.
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Exhibit B: PAYMENT FOR SERVICES
Inspection and maintenance of buoys (estimated 5 hrs, 2 divers) $1,200
Boat and tender (5 hrs) $ 800
TOTAL
$2,000
PROFESSIONAL SERVICES AGREEMENT
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