HomeMy WebLinkAbout121018_ca10615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
Consent Agenda
October 24, 2018
FROM: Stuart Whitford, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: , L mbu' lot 301 y
RE: Agenda Request: Personal Services Agreement with North
Olympic Salmon Coalition for Washington Conservation
(Ameri)Corps Crew; December 1, 2018 — September 30, 2019;
$12,900
STATEMENT OF ISSUE:
Jefferson County Environmental Public Health, Water Quality Division, requests Board approval
of the Personal Services Agreement with the North Olympic Salmon Coalition (NOSC) for
Washington Conservation (Ameri)Corps Crew; December 1, 2018 — September 30, 2019;
$12,900
ANALYSIS:
This agreement is to engage the Washington Conservation (Ameri)Corps Crew, available
through the North Olympic Salmon Coalition, for up to twelve cost -share crew days to help
control weeds, plant streamside buffers on county -managed riparian restoration projects,
and/or remove fencing. The intent of these activities is to reduce water pollution by obstructing
the flow of contaminants, increasing shade and other factors that aid in maintaining and
restoring water quality.
FISCAL IMPACT:
This agreement is fully funded by RCO grant #15-1189. There is no impact to the General
Fund.
RECOMMENDATIONS:
JCPH management requests approval of the Personal Services Agreement with North Olympic
Salmon Coalition for Washington Conservation (Ameri)Corps Crew; December 1, 2018 —
September 30, 2019; $12,900
RE BY:
hilip Morley, C un Ad ` ratar Date
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
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.
Project Designation.. The Subcontractor will provide a crew of Americorps members and a
crew supervisor totaling no less than four people, vehicle and hand tools to perform
restoration and habitat maintenance projects, seedling installation, and removal of fencing
and household waste in order to restore native species to previously acquired properties on
the Big Quilcene River floodplain. The personal services are funded by a grant from the
Recreation and Conservation Office (RCO) #15-1189.
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 November 1, 2018 and continues
through September 30, 2019 unless terminated as provided herein. Work performed prior to
the execution of this contract is hereby ratified. The agreement may not be extended.
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 $12,900,
at a rate of $1,050/day plus administration fee, as described in Exhibit B, 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 RCO grant. If funding from RCO 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
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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
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.
Ownership and Use of Documents, The parties to this Agreement shall each maintain books,
records, documents and other evidence which sufficiently and properly reflect all direct and
indirect costs expended by either party in the performance of the service(s) described herein.
These records shall be subject to inspection, review or audit by personnel of both parties,
other personnel duly authorized by either party, the Office of the State Auditor, and federal
officials so authorized by law. All books, records, documents, and other material relevant to
this Agreement will be retained for six years after expiration and the Office of the State
Auditor, federal auditors, and any persons duly authorized by the parties shall have full
access and the right to examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this agreement to
the other party, will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose or make available this material to any third parties without
first giving notice to the furnishing party and giving it a reasonable opportunity to respond.
Each party will utilize reasonable security procedures and protections to assure that records
and documents provided by the other party are not erroneously disclosed to third parties.
This Agreement and all public records associated with this Agreement shall be available
from the County for inspection and copying by the public where required by the Public
Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then in the
custody of the Subontractor are needed for the County to respond to a request under the Act,
as determined by the County, the Subcontractor agrees to make them promptly available to
the County. If the Subcontractor considers any portion of any record provided to the County
under this Agreement, whether in electronic or hard copy form, to be protected from
production under law, the Subcontractor shall clearly identify any specific information that it
claims to be confidential or proprietary. If the County receives a request under the Act to
inspect or copy the information so identified by The Subcontractor and the County
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determines that release of the information is required by the Act or otherwise appropriate, the
County's sole obligations shall be to notify the Subcontractor (a) of the request and (b) of the
date that such information will be released to the requester unless the Subcontractor obtains a
court order to enjoin that production pursuant to RCW 42.56.540. If the Subcontractor fails
to timely obtain a court order enjoining production, the County will release the requested
information on the date specified.
The County has, and by this section assumes, no obligation on behalf of the Subcontractor to
claim any exemption from production under the Act. The County shall not be liable to the
Subcontractor for releasing records not clearly identified by the Subcontractor as confidential
or proprietary. The County shall not be liable to the Subcontractor for any records that the
County releases in compliance with this section or in compliance with an order of a court of
competent jurisdiction.
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)
times the occurrence amount ($2,000,000 minimum) for bodily injury, including death,
and property damage unless otherwise specified in the contract specifications. This
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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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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
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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: tPokorny@coJefferson.wa.us
16. Notices to Consultant shall be sent to the fo I I owing address:
Rebecca Benjamin
North Olympic Salmon Coalition
205 B West Patison St.
Port Hadlock, WA 98339
Ph: 360/379-8051
Email: rbenjamin@nosc.org
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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
day of
2018
David Sullivan, Chair
Jefferson Board of County Commissioners
Print Name
Authorized Signatory
Attest/Authenticated:
p2. -
e'/47:'- '-(Z2;0 11'14
APPROVI,I7 AS TO FORM
Chief Civil DPA Philip Hunsucker
Carolyn Gallaway, Deputy Clerk of the Board
Page 7 of 9
I'Ahibit Ar Scope of Werk
The North Olympic Salmon Coalition will provide a Washington Conservation (Ameri)Corps
Crew to assist in the restoration of properties acquired by Jefferson County on the Big Quilcene
River floodplain for the purpose of salmon recovery.
Task 1: Use hand tools and weed trimmers to mechanically remove invasive Himalayan
blackberry, remove fencing and household waste, and/or to plant and protect provided native tree
and plant seedlings and protector tubes and stakes.
Deliverables:
Ia) A crew of members and a crew supervisor, together totaling no less than four people,
vehicle and basic hand tools. Ten hours' work per crew member per workday
(between 7:OOam to 5:30pm Monday through Thursday) for up to 12 workdays.
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Item
5 -member plus leader NOSC-
contracted Washington Conservation
(Ameri)Corps Crew
Administration Fee
Total
Exhibit B. Bud et
Quantity
Cost
Up to 12 Crew Days @ $1050 per I Up to $12,600
day 1
3 months @ $100 per month Up to $300
Page 9 of 9
Up to $12,900