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HomeMy WebLinkAbout050718_ca07615 Sheridan Street Port Townsend, WA 98368 ee www.JeffersonCountyPublicHealth.org Public Hea�lti Consent Agenda 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 -1- 1 Zo1g SUBJECT: Agenda Item — Personal Service Agreement, Discover Your NW; March 19, 2018 -June 15, 2019; $10,000.00 STATEMENT OF ISSUE: Jefferson County Public Health, Environmental Public Health Division, requests Board approval of the Personal Services Agreement with Discover Your NW for the Washington Coast Cleanup and International Coastal Cleanup; March 19, 2018 — June 15, 2019; $10,000.00 ANALYSIS/STRATEGIC GOALS/ PRO'S. and CON'S: The purpose of this agreement is to organize volunteers and provide logistical support to conduct the Washington Coast Cleanup (WCC) on April 21, 2018 and the International Coastal Cleanup (ICC) on September 20, 2018. The goal of beach cleanups is to spare Washington's Pacific coastal environment and wildlife from the dangers of household plastics, lost fishing gear, and other types of marine debris that accumulates on beaches. This task addresses the program benchmarks Marine Habitats, Coastal Communities and Education and Outreach by engaging local residents and visitors with an important opportunity to assist in stewarding beaches on the north Pacific coast. 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, Discover Your NW; March 19, 2018 — June 15, 2019; $10,000.00 REVIEWED BY: Philip MorleL60untyAdministrat8r 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 PERSONAL SERVICES AGREEMENT Between Discover Your Northwest and Jefferson County THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and the Discover Your Northwest, 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 organize volunteers and provide logistical support to conduct the Washington Coast Cleanup (WCC) on April 21, 2018 and the International Coastal Cleanup (ICC) on September 20, 2018. 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. 'rime for Performance. This Agreement shall commence on July 1, 2017 and continues through January 31, 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. Project costs include salaries and benefits, curriculum materials, field supplies and transportation. Payment for the work provided by the Subcontractor shall not exceed $10,000 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. Page 1 of 9 Discover Your NW CoastSavers Beach Cleanups 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. 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 Page 2 of 9 Discover Your NW CoastSavers Beach Cieanuj2s 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) 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 Page 3 of 9 Discover Your NW CoastSavers Beach Cleanups 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 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 Page 4 of 9 Discover Your NW CoastSavers Beach Cleanu s 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 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 following address: Jefferson County Public Health 623 Sheridan Street Port Townsend, WA 98368 Ph: 360/379-4498 Email: tl)okorn ct,co.jefterson.wa,us 16. Notices to Consultant shall be sent to the following address Jim Adams Discover Your Northwest/CoastSavers 164 South Jackson Street Seattle, WA 98104 Ph: 206/220-4245 Email: jim.adams@discovernw.org Page 5 of 9 Discover Your NW CoastSavers Beach Cleanups 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. DATED this :A day of , 2018 David Sullivan, Chair Jefferson Board of County Commissioners By Print Name _ Authorized Signatory University of Washington Attest/Authenticated: . 1,C�h ,0 APPROVED AS TO FORM Chief Civil DPA Philip Hunsucker Carolyn Gallaway, Deputy Clerk of the Board Page 6 of 9 Discover Your NW CoastSavers Beach Cleanups Exhibit A: Scope of Work Through its CoastSavers program, Discover Your Northwest (DYNW) will organize volunteers and provide logistical support to conduct the Washington Coast Cleanup (WCC) on April 21, 2018 and the International Coastal Cleanup (ICC) on September 20, 2018. The recovered materials will be properly disposed of or recycled. The goal of beach cleanups is to spare Washington's Pacific coastal environment and wildlife from the dangers of household plastics, lost fishing gear, and other types of marine debris that accumulates on beaches. The events will be well publicized through standard media outlets and social media. This task addresses the program benchmarks Marine Habitats, Coastal Communities and Education and Outreach by engaging local residents and visitors with an important opportunity to assist in stewarding beaches on the north Pacific coast. Task 1: Organize, publicize, and conduct the Washington Coast Cleanup (WCC) on April 21, 2018. Deliverables: I a) WCC Report — Due July 31, 2018 lb) Five WCC photographs and copies of signed photo releases for use in MRC and WDFW materials — Due July 31, 2018 lc) WCC invoice and backup materials — Due July 31, 2018 Task 2: Organize, publicize, and conduct the International Coast Cleanup (ICC) on September 20, 2018. 2a) ICC Report — Due January 31, 2019 2b) Final WDFW report (see EXHIBIT B) — Due January 31, 2019 2c) Five ICC photographs and copies of signed photo releases for use in MRC and WDFW materials — Due January 31, 2019 2d) ICC invoice and backup materials — Due January 31, 2019 Page 7 of 9 Discover Your NW CoastSavers Beach Cleanups Category Salaries/Bon. Equipment and Supplies Travel Services Overhead Total In -Kind Total NPC f MRC Cost BUDGET Detail MRC Cost estimates WA CoastSavers Coordinator, 4.8 months at $2,083.33/month 1 $10,000 Page 8 of 9 $0 $0 $0 $0 $0 $10,000 Discover Your NW CoastSavers Beach Cleanups Exhibit B: WDFW Final Report 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: jessAoerpinghaus@dfw.wa.gov (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