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HomeMy WebLinkAbout070918_ca03 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Su Tipton DATE: ^, C� ( � SUBJECT: Personal Services Agreement North Olympic Salmon Coalition STATEMENT OF ISSUE: Personal Services Agreement with NOSC, subcontract under the WA State Department of Fish &Wildlife/Jefferson County grant to engage middle school students in environmental education and field experiences ANALYSIS: Three middle schools in Clallam and Jefferson Counties will participate in the Puget Sound National Estuary Program will be provided environmental education; field experiences; participate in designing, implementing and restoration on their own projects. The curriculum and classroom lessons provided will ensure knowledge and positive ownership amongst the students into the future. FISCAL IMPACT: The funding is provided through the Jefferson County approved contract with WA State Department of Fish and Wildlife-EPA Grant. There is no impact to Jefferson County funds. RECOMMENDATION: Recommend Board of Commissioners approve this Personal Services Contract. REVIEWED BY: —4441) ' •" ip Morley, unty A'minis .tor Date PERSONAL SERVICES AGREEMENT Between North Olympic Salmon Coalition and Jefferson County THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and the North Olympic Salmon Coalition,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 engage middle school students in environmental education and field experiences. 2. The personal services are funded by a grant from the Washington State Department of Fish and Wildlife(DFW) Contract Agreement# 18-10502. 3. Scope of Services. Subcontractor agrees to perform the services, identified on Exhibit A, attached hereto, including the provision of all labor,materials, travel expenses, equipment, and supplies. 4. Time for Performance. This Agreement shall commence on June 1, 2018 and continues through February 15, 2020 unless terminated as provided herein. Work performed prior to the execution of this contract is hereby ratified. The agreement may not be extended beyond February 29, 2020. 5. 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 $39.955 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 with submission of deliverables as outlined in the scope of work, 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 ORIGIl�€�L� Page 1 of 7 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 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. 6. 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. 7. 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. 8. 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. 9. 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 Page 2of7 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 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 Page 3of7 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. 10. 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. 11. Covenant Against Contingent Fees. The Subcontractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Subcontractor, 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 Subcontractor, any fee, commission,percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. Page 4 of 7 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. 12. 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. 13. Assignment. The Subcontractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 14. 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. 15. 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 Subcontractor, or any of its supervisory personnel assigned to the project, the surviving members of the Subcontractor 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 Subcontractor and the County, if the County so chooses. 16. Notices. Notices to the County of Jefferson shall be sent to the following address: Bob Simmons 121 Oak Bay Road Port Hadlock, WA 98339 Ph: 360/379-5610 x207 Email: simmons@wsu.edu 17. Notices to Subcontractor shall be sent to the following address: Rebecca Benjamin Executive Director,North Olympic Salmon Coalition 205 B West Patison Street Port Hadlock, WA 98339 Ph. (360) 379-8051 Email: rbenjamin@nosc.org 18. 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 Page 5of7 amended only by written instrument signed by both County and Subcontractor. DATED this day of , 2018 By David Sullivan, Chair Jefferson Board of County Commissioners By Print Name •c. ? ,f' /ef Authorized Signatory APPR G VED AS TO FORM North Olympic Salmon Coalition Chief Civil DPA Philip Hunsucker Attest/Authenticated: Carolyn Gallaway, Deputy Clerk of the Board Page 6of7 Exhibit A: Scope of Work (This contract is to fulfill Task 4, including subtasks, of WDFW Contract Agreement MI 18-10502 described below) TASK 4. School Engagement Engage with three middle schools in Clallam and Jefferson Counties to provide environmental education and field experiences. 4.1 CLASSROOM ENGAGEMENT PLANNING This sub-task involves strategizing and planning for optimal engagement of middle school students. 4.2 CLASSROOM PRESENTATIONS AND FIELD EXPERIENCES School students will participate in designing,implementing and monitoring an actual restoration project of their own, with guidance from education professionals and restoration practitioners.Using knowledge gained through multiple classroom lessons will ensure positive restoration outcomes,and the year-long nature of the curriculum ensures deep knowledge and ownership amongst the students that they will carry with them. Task Estimated Target Completion Deliverable Number Cost Date 4.1 A. 2018 Annotated draft syllabi (justifying the $9,990 techniques and topics and their fit for the October 15,2019 audience) B. Spreadsheets(one for 2018 and one for 2019)showing all scheduled and in-progress classroom experiences and indicating status (TBD,scheduling in-progress,confirmed with school/teacher)- 4.2 A. Final agenda (per class visit/field trip) $29,965 January 15, 2019 B. Copies of presentations produced under this January 15,2020 grant C. Participant counts(per classroom experience) D. High quality photos from a minimum of 3 classroom visits and 3 field experiences Page 7 of 7 NortOSC27 ti Non Profit nsuran e. R rain C RT FICAT Fc ' GE Da - O r .7t$tx1.8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTAT IVE OR PRODUCER,AND THE CERT IFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGRATION IS WAIVED,subject to the terms and conditions of the policy,certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COMPANIES AFFORDING COVERAGE` GENERAL LIABILITY Clear Risk Solutions American Alternative Insurance Corporation,et al. 451 Diamond Drive Ephrata,WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation,et al. INSURED PROPERTY North Olympic Salmon Coalition American Alternative Insurance Corporation,et al. 205 W. Patison St MISCELLANEOUS PROFESSIONAL LIABILITY Port Hadlock,WA 98339 Princeton Excess and Surplus Lines Insurance Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFF m POLICY EXP DESCRIPTION LIMITS DATE ,, ,.- DATE . GENERAL LIABILITY "� ' COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-08 06/01/2017 06/01/2018 PER OCCURRENCE $5,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000 INCLUDES STOP GAP PRODUCT-CO MP/OP $5,000,000 PERSONAL&ADV.INJURY $5,000,000 (LIABILITY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 ¢(I�'0�4iOBaLE LI/«fLl ANY AUTO N1-A2-RL-0000013-08 06/01/2017 06/01/2018 COMBINED SINGLE LIMIT $5,000,000 (LIABILITY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE PROPERt N1-A2-RL-0000013-08 06/01/2017 06/01/2018 ALL RISK PER OCC EXCL EQ&FL $75,000,000 EARTHQUAKE PER OCC EXCLUDED FLOOD PER OCC EXCLUDED (PROPERTY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE INIS,CELLPiN�QUS PRQFE5SIUNAL t.IAtlILITY ,, .. ,., N1-A2-RL-0000013-08 06/01/2017 06/01/2018 PER CLAIM EXCLUDED (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS')VEHICLES/SPECIAL ITEMS Regarding Personal Services Agreement between North Olympic Salmon Coalition and Jefferson County, #18-10502,to provide environmental education and field experiences to middle school students,June 1,2018 through February 15, 2020.Jefferson County is named as Additional Insured regarding this agreement only and is subject to policy terms,conditions,and exclusions. Additional Insured endorsement is attached. NPIP is primary and non-contributory.Coverage is contingent upon successful policy renewal for the 18-19 and 19-20 policy terms. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLI CY PROVISIONS. C,ERTIFiCATE HOLDER AUTHORIZED REPRESENTATIVE Jefferson County Q( ( 44;1 r,y� 121 Oak Bay Road Port Hadlock,WA 98339 3365349 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) Named Insured Non Profit Insurance Program(NPIP) Policy Number Endorsement Effective N1-A2-RL-0000013.08 6/1/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Person or Organization(Additional Insured): As Per Schedule on file with Clear Risk Solutions,Underwriting Administrator Jefferson County 121 Oak Bay Road Port Hadlock,WA 98339 Regarding Personal Services Agreement between North Olympic Salmon Coalition and Jefferson County, #18-10502,to provide environmental education and field experiences to middle school students,June 1,2018 through February 15,2020.Jefferson County is named as Additional Insured regarding this agreement only and is subject to policy terms,conditions,and exclusions. Additional Insured endorsement is attached.NPIP is primary and non-contributory.Coverage is contingent upon successful policy renewal for the 18-19 and 19-20 policy terms. A. With respects to the General Liability Coverage Part only,the definition of Insured in the Liability Conditions,Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule.Such Person or Organization is an Insured only with respect to liability for Bodily Injury,Property Damage,or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In performance of your ongoing operations;or 2. In connection with your premises owned or rented to you. B. The Limits of Insurance applicable to the additional Insured are those specified in either the: 1. Written contract or written agreement;or 2. Declarations for this policy, whichever is less.These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. All other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. RL 2163 12/12 Page 1 of 1 3365350