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Public Health Consent Agenda
I April 4, 2018
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Environmental Public Health Director
Tami Pokorny, Environmental Public Health Specialist II
DATE: 5 ) 01 W
SUBJECT: Agenda Item — Personal Service Agreement, University of Washington;
March 19, 2018 -June 15, 2019; $18,331.45
STATEMENT OF ISSUE:
Jefferson County Public Health, Environmental Public Health Division, requests Board approval of the
Personal Services Agreement with the University of Washington for marine bird beaching assessment;
March 19, 2018 — June 15, 2019; $18,331.45
ANALYSIS STRATEGIC GOALS PRO'S and CON'S:
The purpose of this agreement is to generate deposition and mortality estimates associated with mass
marine bird beaching events along the north Pacific coast and to provide the first ever regional assessment
of unusual beaching events to complement the existing COASST program and dataset.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This project was selected and recommended by the North Pacific Coast MRC through its RFP process
through WDFW's Coastal MRC Program. The contract is fully funded by a grant from the Washington State
Department of Wildlife (DFW) #17-09766.
RECOMMENDATION:
JCPH management request approval of Personal Services Agreement, University of Washington; March 19,
2018 — June 15, 2019; $18,331.45
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Date
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
PERSONAL SERVICES AGREEMENT
Between
University of Washington
and
Jefferson County
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and the University of Washington, hereinafter referred to
as "the Subcontractor", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
Project Designation. The Subcontractor is retained by the County to generate deposition and
mortality estimates associated with mass marine bird beaching events along the north Pacific
coast and to provide the first ever regional assessment of unusual beaching events to
complement the existing COASST program and dataset. The personal services are funded by
a grant from the Washington State Department of Wildlife (DFW) #17-09766.
2. Scope of Services. Subcontractor agrees to perform the services, identified on Exhibit A,
attached hereto, including the provision of all labor, materials, equipment, and supplies.
3. Time for Performance. This Agreement shall commence on March 19, 2018 and continues
through June 15, 2019 unless terminated as provided herein. Work performed prior to the
execution of this contract is hereby ratified. The agreement may not be extended beyond June
15, 2019.
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. Payment for the work provided by the Subcontractor shall not exceed
$18,331.45 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
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University of Washington -- Life History and Death History
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
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. Ownership 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. The Subcontractor 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 Subcontractor's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Subcontractor.
8. Insurance. The Subcontractor shall obtain and keep in force during the terms of the
Agreement, policies of as follows:
If and only if the Subcontractor employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor, partners,
owners or shareholders of the Subcontractor, Worker's Compensation Insurance in an
amount or amounts that are not less than the required statutory minimum(s) as established by
the State of Washington or the state or province where the Subcontractor is located.
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
SUBCONTRACTOR'S performance of the contract.
a. General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2)
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Universitv:of Washington — Life History and Death History
times the occurrence amount ($2,000,000 minimum) for bodily injury, including 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 include the following minimum 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;
iv. Premises — Operations Liability (M&C);
v. Independent Contractors and Subcontractors; and
vi. Blanket Contractual Liability.
The County shall be named as an additional insured party under this policy.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the County within
fifteen (15) days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County, the insurer
shall reduce or eliminate deductibles or self-insured retention or the Subcontractor shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Subcontractor shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
Failure of the Subcontractor to take out and/or maintain any required insurance shall not
relieve The Subcontractor from any liability under the Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification.
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
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University of Washington — Life History and Death History
coverage for any and all losses covered by the above described insurance. It is further agreed
by the parties that insurance companies issuing the policy or policies shall have no recourse
against the County (including its employees and other agents and agencies) for payment of
any premiums or for assessments under any form of policy. 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 Subcontractor.
b. 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 Subcontractor until such time as Subcontractor shall furnish
additional security covering such judgment as may be determined by the County.
c. The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
d. Any 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 Subcontractor must provide in order to comply with the Agreement.
e. If the proof of insurance or certificate of coverage indicating the County is an "additional
insured" to a policy obtained by the Subcontractor 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 Subcontractor to obtain the full text of that endorsement and forward
that full text to the County.
f. The County may, upon the Subcontractor's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise
be due to the Subcontractor.
9. Independent Subcontractor. 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. 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
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University of Washin ton — Life History and Death History
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 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.
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. The County reserves the right to terminate this contract at any time by giving
ten (10) days written notice to the Subcontractor
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 followingaddress:
Tami Pokorny, NPC MRC Coordinator
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360/379-4498
Email: tpokorny@co.jefferson.wa.us
16. Notices to Consultant shall be sent to the Collowing address:
Julia K. Parrish
Executive Director, COASST
Box 355020
University of Washington Seattle, WA 98195
Ph: 206/221-5787
Email: jparrish@uw.edu
17. 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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University, of Washington — Life History and Death History
DATED this
M.
day of
2018
David Sullivan, Chair
Jefferson Board of County Commissioners
By
Print Name
Authorized Signatory
University of Washington
Attest/Authenticated:
P. e -. / � � . - — WJM114*4
.
APPROVED AS TO FORM
Chief Civil DPA Philip Hunsucker
Carolyn Gallaway, Deputy Clerk of the Board
Page 6 of 9
University of Washington — Life History and Death History
Exhibit A: Scope of Work
For nearly two decades, the Coastal Observation and Seabird Survey Team (COASST) has
operated as a citizen science project primarily targeting adult learners who live, work and/or
recreate in coastal communities throughout the Pacific Northwest and Alaska. COASST
currently offers two data collection modules: beached birds (since 1999) and marine debris
(since 2014). Over 1,000 individuals are actively collecting data (defined as collecting data
within the past year). COASST has trained over 4,000 coastal residents.
This project will leverage previous and other funded Coastal Observation and Seabird Survey
Team (COASST) work to extend analyses of the existing COASST dataset. The intent is to use
the outcomes of this work to share the stories of COASST data with participants, resource
managers and the public at large. The results will provide the first ever regional assessment of
unusual beaching events of marine birds, the associated mortality toll, and related environmental
conditions. Outlets for these results will include peer reviewed publications, a series of blog
entries, newsletters, public talks and integration into the COASST training. The project addresses
the Coast MRC Program benchmarks Marine Life, Sound Science, Education and Outreach and
Coastal Communities by leveraging a large science project to inform resource management and
the public while directly engaging coastal residents.
Task 1:
The Subcontractor will conduct statistical analyses to generate precise deposition and mortality
estimates associated with mass beaching events along the north outer coast and to provide the
first ever regional assessment of unusual beaching events of marine birds, the associated
mortality toll, and related environmental conditions.
Deliverables:
1 a) Interim Report — Due June 15, 2018
1 b) Final Report — Due June 15, 2019
1 c) Final WDFW report (see EXHIBIT B) — Due June 15, 2019
1 d) At least 5 photographs and copies of signed photo releases for use in MRC and
WDFW materials. Copies of any pertinent media articles (Due June 15, 2019)
1 e) Invoices and backup materials (Due June 15, 2019)
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University of Washington — Life History and Death History
BUDGET
Category
Detail
Hillary Burgess, Science Coordinator (1.25 months); Tim Johns, Postdoctoral
Researcher (1.6 months)
MRC Cost
estimates
$18,331.45
$0
Salaries/Ben.
Equipment
and Supplies
Travel
Services
$0
$0
Overhead
$0
Total In -Kind
$0
Total NPC
MRC Cost
$18,331.45
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University of Washington — Life History and Death -History
Exhibit f3. WDFW Final Report Forin
Page 9 of 9
Project Title:
M RC:
Project Leader's Name:
WDFW Contract M
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 1-1
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:
jessi.doerpinghaus@dfw.wa,pov (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 DOERPINGHA•US
48 DEVONSHIRE ROAD
MONTESANO, WA 98563