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HomeMy WebLinkAboutUniversity of Washington - 082718-4, �b)5, 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. 1. 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 If funding from DFW is withdrawn, reduced, or limited in any way after the effective date of this agreement, this contract may be renegotiated or terminated as provided herein.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. Page 1 of 7 University of Washington — Life History and Death History 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. 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. 6. Indemnification. Each party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other party, 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 Indemnifying Party's own employees, or damage to property occasioned by a negligent act, omission or failure of the Indemnifying Party. 7. 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 ROW 48,05: a. Worker's compensation and employer's liability insurance as required by the State of Washington. b. UW Self -Insurance; UW hereby notifies Sponsor that as an agency of the State of Washington and in accordance with Washington law, UW maintains a self-insurance program pursuant to RCW §§28B,20.250, 2813.20.253, 2813.20.255, Upon Sponsor's request, UW will provide Sponsor proof of insurance or loss coverage. 8. 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. Page 2 of 7 University of Washington — Life History and Death History 9. 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. 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. 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. 11. Assignment. The Subcontractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 12. 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. 13. 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. 14. Notices Notices to the County of Jefferson shall be sent to the following address: 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 Page 3 of 7 University of Washington — Life History and Death History 15. Notices to Consultant shall be sent to the following address: Julia K. Parrish Executive Director, COASST Box 355020 University of Washington Seattle, WA 98195 Ph: 206/221-5787 Email: jparrish@uw.edu 16. 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 �7 — day of Zt �- , 2018 By Davi Sullivan, hair Jefferson Board of County Commissioners By /7t7e' t�cv,�-er Print NameC0/yi @f , `q rl GC 4-401 f Authorized Signatory University of Washington Attest/Authenticated: Caroly, Gallaway, Deploy Clerk of the Board APIKOved as to form - 6/4 C, J,Q� Date: I� - Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office Page 4 of 7 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 l: 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 lc) 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) le) Invoices and backup materials (Due June 15, 2019) Page 5 of 7 University of Washington — Life History and Death History BUDGET Category Detail MRC Cost estimates Salaries/Ben. Hillary Burgess, Science Coordinator (1.25 months); Tim Johns, Postdoctoral Researcher (1.6 months) $18,331.45 Equipment and Supplies $0 Travel $0 Services $0 Overhead $0 Total In -Kind $0 Total NPC MRC Cost $18,331.45 Page 6 of 7 University of Washington — Life History and Death History Exhibit B: WDFW Final Report Form Page 7 of 7 ft Project Title: MRC: 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.eov (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 615 Sheridan Street Port Townsend, WA 98368 V6t$M�4'�Sonwww.JeffersonCountyPublicHealth.org Public HeConsent 13 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: &!� ' C�o 1 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 orley, Coad ty Administrator 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 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org 2018 WQ-18-037 CONTRACT REVIEW FORM CONTRACT WITH: University of Washington CONTRACT FOR: Marine Bird Beaching Assessment TERM: March 19,2018 —June 15, 2019 COUNTY DEPARTMENT: Jefferson County Public Health For More Information Contact: Tami Pokorny Contact Phone #: X498 RETURN TO: Jenny Matter RETURN BY: ASAP AMOUNT: $18,331.45 Revenue: Expenditure: Matching Funds Required: Source(s) of Matching Funds: PROCESS: Step 1: REVIEW BY RIS_,,, GEJV Review by:" Date ReJiewed�_ APPROVED FORM omments: ❑ Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Work Roster ❑ Vendor List Bid RI RFP or RFQ ❑ Other: /ice 4: � 5 -/,, for revision (See Comments) Step 2: REVIEW BY PROSE ING A T R Y Review by: . Date Reviewed: 2f APPROVED AS TO FORM*'11\6-turned for revision (See Comments) Comments: /f •4, A_ _ lw /. / 't, /to l�tG (This form to stay with contract throughout the contract review process) 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