HomeMy WebLinkAboutWhitford, Stuart, Regulatory Reform Consultant Services - 071320..� .
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PROFESSIONAL SERVICES AGREEMENT FOR
SERVICES NECESSARY TO COMPLETE DRAFT CHANGES TO CODE AND
POLICIES AS WELL AS CONSULTATION SERVICES TO ENVIRONMENTAL
PUBLIC HEALTH DIVISION DIRECTOR TO ACCOMPLISH REGULATORY
REFORM
THIS PROFESIONAL SERVICES AGREEMENT ("this Agreement") is entered into between
the County of Jefferson, a municipal corporation ("the County"), and Stuart Whitford ("the
Contractor"), in consideration of the mutual benefits, terms, and conditions specified below.
Project Designation. The Contractor is retained by the County to perform the following Project:
Drafting Code Revisions, Policies, Code and Policy Comparisons With Other Similar Counties,
Consultation To Environmental Public Health Division Director Related To Board Of Health
And Board Of County Commissioners Regulatory Reform Initiative.
1. Scope of Services. Contractor agrees to perform the services identified on Exhibit "A"
attached hereto including the provision of all labor.
2. Time for Performance. This Agreement shall commence on June 15, 2020 and continue
through August 15, 2020. Work performed consistent with this Agreement during its
term, put prior to the adoption of this Agreement, is hereby ratified. The Contractor shall
perform all services pursuant to this Agreement as outlined on Exhibit "A". Time is of
the essence in the performance of this Agreement.
3. Payment. The Contractor shall be paid by the County for completed work and for
services rendered under this Agreement as follows:
a. Payment for the work provided by Contractor shall be made as provided on
Exhibit "B" attached hereto, provided that the total amount of payment to
Contractor shall not exceed $12,800 without express written modification of the
Agreement signed by the County.
b. Invoices must be submitted by the 15'h of the month for the previous month's
expenses. Such invoices will be checked by the County, and upon approval
thereof, payment will be made to the Contractor in the amount approved. Failure
to submit timely invoices and reports pursuant to Exhibit B of the Agreement may
result in a denial of reimbursement. Invoices not submitted within 60 days may
be denied.
Final payment of any balance due the Contractor of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work and submittal of reports under this Agreement and its
acceptance by the County.
d. Consultant shall provide invoices and necessary backup documentation for all
services including timesheets and statements (specifying the services provided).
Professional Services Agreement, JCPH, Version 2, PAO Approved 4/16/2020 Page 1 of
Any indirect charges require the submittal of an indirect cost methodology and
rate using 2 C.F.R. Part 255 and 2 C.F.R. Part 230.
The Contractor'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.
4. Ownership and Use of Documents. All non -confidential or de -identified documents,
drawings, specifications, and other materials produced by the Contractor in connection
with the services rendered under this Agreement shall be the property of the County
whether the project for which they are made is executed or not. The Contractor shall be
permitted to retain copies, including reproducible copies, of drawings and specifications
for information, reference and use in connection with Contractor's endeavors. Contractor
shall not be held liable for reuse of documents or modifications thereof, including
electronic data, by County or its representatives for any purpose other than the intent of
this Agreement.
5. Compliance with laws. Contractor 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. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and
expense appropriate insurance coverage.
a. The Contractor shall maintain all insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies,
and endorsements expiring before completion of services shall be promptly
replaced.
7. 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 $100,000 each occurrence and
$300,000 aggregate, with the County named as an additional insured in connection with
the Contractor's performance of the Agreement.
8. Independent Contractor. The Contractor and the County agree that the Contractor is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Contractor specifically has the right to direct and control Contractor's own activities,
and the activities of its subcontractors, employees, agents, and representatives, in
providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither Contractor nor any employee of
Contractor shall be entitled to any benefits accorded County employees by virtue of the
services provided under this Agreement, including, but not limited to: retirement,
vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits;
fringe benefits; or any other rights or privileges afforded to Jefferson County employees.
Professional Services Agreement, JCPH, Version 2, PAO Approved 4/16/2020 Page 2 of 7
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 Contractor, or any
employee of Contractor.
9. Subcontracting Requirements.
a. The Contractor is responsible for meeting all terms and conditions of this
Agreement including standards of service, quality of materials and workmanship,
costs, and schedules. Failure of a subcontractor to perform is no defense to a
breach of this Agreement. The Contractor assumes responsibility for and all
liability for the actions and quality of services performed by any subcontractor.
b. Every subcontractor must agree in writing to follow every term of this
Agreement. The Contractor must provide every subcontractor's written
agreement to follow every term of this Agreement before the subcontractor can
perform any services under this Agreement. The Public Health Director or their
designee must approve any proposed subcontractors in writing.
c. Any dispute arising between the Contractor and any subcontractors or between
subcontractors must be resolved without involvement of any kind on the part of
the County and without detrimental impact on the Contractor's performance
required by this Agreement.
10. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the County shall have the right to annul this
Agreement 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 Contractor, 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, gender, sexual orientation, material status, sex, or the presence of any
physical or sensory handicap in the selection and retention of employees or procurement
of materials or supplies.
12. No Assignment. The Contractor shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the County. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
Professional Services Agreement, JCPH, Version 2, PAO Approved 4/16/2020 Page 3 of 7
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.
a. Both parties reserve the right to terminate this Agreement at any time by giving
ten (10) days written notice.
b. The County reserves the right to terminate this contract in whole or in part, with
10 days' notice, in the event that expected or actual funding from any funding
source is withdrawn, reduced, or limited in any way after the effective date of this
agreement. In the event of termination under this clause, the County shall be
liable for only payment for services rendered prior to the effective date of
termination.
15. Notices. All notices or other communications which any party desires or is required to
give shall be given in writing and shall be deemed to have been given if hand -delivered,
sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the
party at the address listed below or such other address as a party may designate in writing
from time to time. Notices to the County shall be sent to the following address:
Jefferson County Public Health Department
615 Sheridan Street
Port Townsend, WA 98368
Notices to Contractor shall be sent to the following address:
Stuart Whitford
PO Box 142
Keyport, WA 98345
16. Integratedgreement. This Agreement together with attachments or addenda represents
the entire and integrated Agreement between the County and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No
representation or promise not expressly contained in this Agreement has been made. This
Agreement supersedes all prior or simultaneous representations, discussions,
negotiations, and agreements, whether written or oral, by the County within the scope of
this Agreement. The Contractor ratifies and adopts all statements, representations,
warranties, covenants, and agreements contained in its proposal, and the supporting
material submitted by the Contractor, accepts this Agreement and agrees to all of the
terms and conditions of this Agreement.
17. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
Professional Services Agreement, JCPH, Version 2, PAO Approved 4/ 16/2020 Page 4 of 7
18. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before
they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the
terms of this Agreement shall be submitted in writing within 10 days to the County Risk
Manager, whose decision in the matter shall be final, but shall be subject to judicial
review. If either party deem it necessary to institute legal action or proceeding to enforce
any right or obligation under this Agreement, each party in such action shall bear the cost
of its own attorney's fees and court costs. Any legal action shall be initiated in the
Superior Court of the State of Washington for Jefferson County. The parties agree that
all questions shall be resolved by application of Washington law and that the parties have
the right of appeal from such decisions of the Superior Court in accordance with the laws
of the State of Washington. The Contractor hereby consents to the personal jurisdiction of
the Superior Court of the State of Washington for Jefferson County.
19. Section Headings. The headings of the sections of this Agreement are for convenience of
reference only and are not intended to restrict, affect, or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
20. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach
by either party, whether express or implied, shall constitute a consent to, waiver of, or
excuse of any other, different, or subsequent breach by either party.
21. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
22. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to
any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
23. Bindiniz on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
24. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained
by this Agreement without the express written consent of the County.
25. No Third -party Beneficiaries. The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
26. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect
as if all the parties had signed the original.
Professional Services Agreement, JCPH, Version 2, PAO Approved 4/16/2020 Page 5 of 7
27. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
28. Arms -Length Negotiations. The parties agree that this Agreement has been negotiated at
arms -length, with the assistance and advice of competent, independent legal counsel.
29. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to
the extent any record, including any electronic, audio, paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW, as may hereafter be amended, the Contractor agrees to
maintain all records constituting public records and to produce or assist the County in
producing such records, within the time frames and parameters set forth in state law. The
Contractor further agrees that upon receipt of any written public record request,
Contractor shall, within two business days, notify the County by providing a copy of the
request per the notice provisions of this Agreement.
30. Confidentiality. With respect to all information relating to County that is confidential
and clearly so designated, as required by the Health Insurance Portability and
Accountability Act (HIPAA) and any other applicable privacy laws, the Contractor
agrees to keep such information confidential. The Contractor shall not disclose, transfer,
or sell any such information to any party, except as provided by law or, in the case of
personal information, with the prior written consent of the person to whom the personal
information pertains. The Contractor shall maintain the confidentiality of all personal
information and other information gained by reason of this Agreement, and shall return or
certify the destruction of such information if requested in writing by Jefferson County.
This Agreement, once executed, will be a "public record" subject to production to a third
party if same is requested pursuant to- the Washington Public Records Act, Chapter
42.56 RCW, as may hereafter be amended.
DATED this / 3i-� day of July, 2020.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement, JCPH, Version 2, PAO Approved 4/16/2020 Page 6 of 7
SIGNATURE PAGE
STUART WHITFORD
CONTRACTOR
Stuart Whitford
Title: BPH Consultant
Daft: 7IJC,Ate2Q
Approved as to fonn only:
Philip C. Hunsucker
Date
Chief Civil Deputy Prosecuting Attorney
J f :I'1 t:KS N COUNTY
BOARD t:,C(-MMT!1 S10NI:RS
1CT1011, Chair
David Sullivan. Member
Kate f)ean, enit>rr
Professional Services Agreement, JCPH, Version 2, PAO Approved 4/ 16/2020 Pace 7 of 7
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PROFESSIONAL SERVICES CONTRACT
STUART WHITFORD, CONSULTANT
EXHIBIT B
INVOICE REQUIREMENTS
Consultant will be paid $80 per hour — not to exceed $12,800 without express
written modification of the Agreement signed by the County.
Invoices must be submitted by the 15t" of the month for previous month's
expenses. If the Contractor chooses to bill every two weeks, the reporting
requirement described below should cover the two weeks for which the
Contractor is billing. Such invoices will be checked by the County, and upon
approval thereof, payment will be made to the Contractor in the amount
approved.
Reporting
Invoices will include costs associated with the specific tasks listed in the Scope of
Work detailed in Exhibit A. Additionally, Contractor will provide a status report
demonstrating the progress made on each task concurrent with the dates for
which the Contractor is billing.
The final billing, in addition to what's outlined above, should include a final
detailed report of all of the deliverables contained in the Scope of Work.
�effenson
Public Heallt
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Date: June 13, 2020
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
TO:
FROM:
DATE:
SUBJECT:
AGENDA REQUEST
Board of County Commissioners
Philip Morley, County Administrator
Vicki Kirkpatrick, Director
July 13, 2020
Personal Services Contract — Stuart Whitford
STATEMENT OF ISSUE:
The Board of Health and the Board of County Commissioners, in Joint Resolution No. 17-19, directed Jefferson County
Public Health and the Department of Community Development to review, update and amend County Code and policies
related to development, building, land use, and environmental public health regulations with the intent to streamline and
reduce regulatory barriers for residential and commercial construction while still providing optimal public health and safety
as well as environmental protection. Over the years, changes were made to existing codes and policies reflecting
changing requirements. At the same time, programs were created that changed the reason for some of the current codes
and policies because, whether by legislation, rule, or best practices, Jefferson County (and all other counties in
Washington) was given more tools providing greater ability to find and correct or mitigate problems. The Board of Health,
the Board of County Commissioners, the Department of Community Development and Jefferson County Public Health
agreed that it is important to review the current codes and policies in light of changes that have occurred over the years.
Additionally, those same bodies agreed that the existing regulatory processes should be reviewed and streamlined to
achieve maximum efficiency.
The COVID-19 pandemic stopped the health department's work on regulatory reform because environmental public health
staff, especially the Environmental Health Director, have been diverted to work on the public health COVID-19 response
and recovery and that will be the case for some time to come. However it is important we continue to work on regulatory
reform so that the improvements gained from an in-depth review, amendments, and process improvements can be
implemented. This is perhaps even more important now than ever because of the impacts COVID-19 is having on the
local economy and the tremendous need for affordable housing that existed before the pandemic and is now exacerbated
by the impacts of the pandemic.
ANALYSIS/STRATEGIC GOALS/PRO'S and COWS:
Some of the current Public Health codes and policies are more restrictive than what the State Board of Health requires.
In some cases they are also more restrictive than other Washington West Side counties that share similar topography and
hydrogeology. The review and recommended changes will better reflect current best practices and improvements to
process intended to provide enhanced customer services through clearly written codes, consistent internal policies to
Always working for a safer and healthier community
implement the code, while still meeting all public health and environmental protection expected by the State Board of
Health, the Jefferson County Board of Health, the Board of County Commissioners, and the residents of Jefferson County.
Jefferson County Public Health (JCPH) and the Department of Community Development (DCD) will work together to
ensure that the process of applying for a building permit that requires both a permit from JCPH and DCD is seamless.
This will require joint agreement on processes that impact and are impacted by each department and concurrent work.
Stuart Whitford, as the former Environmental Public Health Director, has the expertise and the familiarity with Jefferson
County to effectively accomplish the goals of the regulatory reform efforts and maintain momentum towards completion
that current public health staff and management cannot provide.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
It is anticipated that the $12,800 cost of this work can be absorbed within Environmental Public Health's existing budget
or fund balance. The cost of this personal services contract is minimal compared to the potential benefit of clear, easily
understood, and streamlined processes that still optimally protect the public's health and the environment. The benefit
accrues to the development and construction industry and to the community as a whole which desperately needs more
affordable housing. While we would not reduce protection of the public's health, which is our mission, we can ensure
that the regulatory requirements and processes are as efficient and effective as they can be.
RECOMMENDATION:
Approve the Personal Services Contract with Stuart Whitford to continue the regulatory reform process for Jefferson
County Public Health.
Date
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Public Health
CONTRACT REVIEW FORM
CONTRACT WITH: Stuart Whitford
(Contractor/Consultant)
CONTRACT FOR: Regulatory Reform Consultant Services
TRACKING NO.: EH-20-191
TERM: 7i6.20
COUNTY DEPARTMENT: Jefferson County Public Health
For More Information Contact: Vicki 2 20
Contact Phone #: x408
RETURN TO: Jenny RETURN BY: ASZ ® t
(Person in Department) a e
AMOUNT: $12,800
PROCESS: ❑
Exempt from Bid Process
❑
Consultant Selection Process
Revenue
❑
Cooperative Purchase
Expenditure $12,800
❑
Competitive Sealed Bid
Matching funds Required
❑
Small Works Roster
Source(s) of Matching Funds
❑
Vendor List Bid
❑
RFP or RFQ
R
Other - Sole Source
Step 1: REVIEW BY
Date Revi ed: — w > C._..,�
APPROVED FORM ❑ Returne or revision (See Comments)
Comments
Step 2: REVIEW BY EVIPRO TTING ATTORNEY
Review by. C: Philip C. Hunsucl t;
Date Reviewed: Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM Returned for revisio See Comments)
Comm nts
®0 c'
Sten 3: (If reouired) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
Step 4: CONTRACTOWCONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s)
(with the originals) to the BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in
BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)