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HomeMy WebLinkAbout042621_ca05 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Su Tipton DATE: i17 i ( e ` i SUBJECT: Professional Services Contract-Community Engagement Grant Task 5 STATEMENT OF ISSUE: North Olympic Salmon Coalition agrees to perform services in Task 5 identified on Exhibit A. NOSC will engage with four(4) middle schools in Clallam and Jefferson Counties to provide environmental education and field experiences; including all labor, materials, travel expenses, equipment, and supplies. ANALYSIS: NOSC will work with school students who will participate in learning about and visiting restoration projects with education professionals and restoration practitioners. Students will also learn about monitoring strategies for restoration projects. FISCAL IMPACT: Professional services are funded by a grant from the Washington State Department of Ecology, Contract Agreement#WQNEP-2020-JeCoWS-00067. There is no financial impact to Jefferson County, grant reimburses all expenditures. RECOMMENDATION: I recommend the board approves this Contract. REVIEWED BY: U l Philip Morley, Co dmimst tar or 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 Ecology (DOE) Contract Agreement#WQNEP-2020-JeCoWS-00067. 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 January 21, 2021 and continues through November 30, 2022 unless terminated as provided herein. Work performed prior to the execution of this contract is hereby ratified. The agreement may not be extended beyond November 30, 2022. 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 $39,172.92 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 DOE grant. If funding from DOE 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 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 3 of 7 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 bytheparties that insurance companies issuingthe policyor policies shall have no recourse p 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 PO Box 197 Port Townsend, WA 98368 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 , 2021 By Kate Dean, Chair Jefferson Board of County Commissioners By Print Name C,/W %2j Au thorized Signatory APPROVED AS TO FO North Olympic Salmon Coalition Chief Civil DPA Philip Hunsucker Attest/Authenticated: Carolyn Gallaway, Deputy Clerk of the Board Page 6 of 7 TASK 5. Middle School Student Engagement Engage with four middle schools in Clallam and Jefferson Counties to provide environmental education and field experiences. 5.1 CLASSROOM ENGAGEMENT PLANNING The RECIPIENT will strategize and plan for optimal engagement of middle school students. 5.2 CLASSROOM PRESENTATIONS AND FIELD EXPERIENCES The RECIPIENT will work with school students who will participate in learning about and visiting restoration projects with education professionals and restoration practitioners. Students will also learn about monitoring strategies for restoration projects. Task Deliverable Estimated Target Completion Number Cost Date 5.1 Syllabi, list of schools and teachers involved, $9,172.92 September 31, 2022 spreadsheets of proposed classroom and field experiences, uploaded to EAGL 5.2 Course agendas, participant lists, presenter $30,000 November 30, 2022 lists,field trip pictures, uploaded to EAGL. TOTAL ESTIMATED COST FOR TASK 5: $39,172.92 Page 7of7 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Su Tipton DATE: SUBJECT: Professional Services Contract-Community Engagement Grant Task 5 STATEMENT OF ISSUE: North Olympic Salmon Coalition agrees to perform services in Task 5 identified on Exhibit A. NOSC will engage with four(4) middle schools in Clallam and Jefferson Counties to provide environmental education and field experiences; including all labor, materials, travel expenses, equipment, and supplies. ANALYSIS: NOSC will work with school students who will participate in learning about and visiting restoration projects with education professionals and restoration practitioners. Students will also learn about monitoring strategies for restoration projects. FISCAL IMPACT: Professional services are funded by a grant from the Washington State Department of Ecology, Contract Agreement#WQNEP-2020-JeCoWS-00067. There is no financial impact to Jefferson County, grant reimburses all expenditures. RECOMMENDATION: I recommend the board approves this Contract. REVIEWED BY: 6/4" edaf' Philip Morley, Co dmliiistrator Date CONTRACT REVIEW FORM CONTRACT WITH: North Olympic Salmon Coalition TRACKING NO.: (Contractor/Consultant) CONTRACT FOR: Professional Services TERM: 1.21.21-11.30.22 COUNTY DEPARTMENT: WSU Jefferson County Extension JAN 212021 For More Information Contact: Bob Simmons Contact Phone #: 360.390.8682; simmonsl ,1a wstLedu RETURN TO: Su Tipton RETURN BY: February 22, 2021 (Person in Department) (Date) AMOUNT: 39,172.92 PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process Revenue ❑ Cooperative Purchase Expenditure 39,172.92 ❑ Competitive Sealed Bid Matching funds Required ❑ Small Works Roster Source(s) of Matching Funds ❑ Vendor List Bid ❑ RFP or RFQ O Other Step 1: REVIEW B NT ev. w by: e Re �...- -APPROVED FORM ❑ Return or revision(See Comments) Comments Step 2: REVIEW BY PROSE T NG ATTORNEY Review by: - C, Philip C. Hunsucker Date Reviewed: % Chief Civil Deputy Prosecuting Attorney APPROVED AS TO FORM ❑ turned for revision(See Comments) -Comments Step 3: (If required)DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT 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.)