HomeMy WebLinkAboutUniversity of Washington re: Rialto Beach Study - 121922�Q�A -, 9D I.
PROFESSIONAL SERVICES AGREEMENT
Between
University of Washington
and
Jefferson County
THIS PROFESIONAL SERVICES AGREEMENT ("this Agreement") is entered into between the
County of Jefferson, a municipal corporation ("the County"), and University of Washington ("the
Contractor"), in consideration of the mutual benefits, terms, and conditions specified below
1. Project Designation. The Contractor is retained by the County to perform the following
Project: The University of Washington to collect data to determine the timing of two
landslides at Rialto Beach and to monitor the rate of erosion and other changes to the
beach and beach terrace as part of a larger study to test the hypothesis that the 1700
Cascadia Earthquake not only caused coastal subsidence along the southern Washington
Coast, but also caused uplift along the north coast. Funding for this agreement is
provided by a grant from the Washington Department of Fish and Wildlife for projects
identified and recommended by the North Pacific Coast Marine Resources Committee
(NPC MRC), #21-18965.
2. Scope of Services. Contractor agrees to perform the services identified on Exhibit "A"
attached hereto including the provision of all labor.
3. Time for Performance. This Agreement shall commence on January 1, 2022 and
continue through June 15, 2023. Work performed consistent with this Agreement during
its term, but 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.
4. Pam 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 the Contractor shall be made as provided in
Exhibit `B" attached hereto, provided that the total amount of payment to
Contractor shall not exceed $28,696.00 without express written modification of
this Agreement signed by the County.
b. Invoices must be submitted by the 15th 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.
c. 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
EH-22-056 Page 1 of 9
after the completion of the work and submittal of reports under this Agreement
and its acceptance by the County.
d. Contractor shall provide invoices and necessary backup documentation for all
services including timesheets and statements (specifying the services
provided). 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.
e. 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.
5. Ownership and Use of Documents. All non -confidential or de -identified documents,
drawings, specifications, and other materials used by the Contractor in connection with
the services rendered under this Agreement shall remain the property of the Contractor.
The County shall be permitted to retain copies, including reproducible copies, of
drawings and specifications for County's internal information, reference and use only,
without the right to sublicense or redistribute either commercially or non -commercially.
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.
6. 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.
7. Audit. An audit will be submitted to the County upon request. Upon request, Contractor
will submit the most recent financial audit within 30 days.
a. Upon request, the County shall have the option of performing an onsite review
of all records, statements, and documentation.
b. If the County finds indications of potential non-compliance during the
monitoring process, the County shall notify Contractor within ten (10) days.
County and Contractor shall meet to discuss areas of contention in an attempt to
resolve issues.
c. Audit will provide statements consistent with the guidelines of Reporting for
Other Non -Profit Organizations AICPA SOP 78-10, and is performed in
accordance with generally accepted auditing standards and with Federal
Standards for Audit of Governmental Organizations, Programs, Activities and
Functions, and meeting all requirements of 2 C.F.R. Part 200, as applicable.
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.
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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. 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 it 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 it 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
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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.
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. The County reserves the right to terminate this Agreement at any time by
giving ten (10) days written notice to the Contractor.
b. In the event of the death of a member, partner, or officer of the Contractor, or
any of its supervisory personnel assigned to the project, the surviving members
of the Contractor 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 Contractor
and the County, if the County so chooses.
c. 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:
Tami Pokorny, Natural Resources Program Coordinator
Jefferson County Public Health Department
615 Sheridan Street
Port Townsend, WA 98368 Ph: 360-379-4498
Email: tpokomy@co.jefferson.wa.us
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Notices to Contractor shall be sent to the following address:
Kathy Goetz Troost, PhD, LG
Department of Earth and Space Sciences (ESS)
University of Washington, Box 351310
Seattle, WA 98195-1310
Ph: 206-909-9757
Email: ktroost@uw.edu
16. Integrated Agreement. 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.
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.
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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. Binding 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.
27. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
28. 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.
DATED this day of i -6e-- , 20 2 2
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Page 6 of 9
SIGNATURE PAGE
Name of Contractor
r
Con or Representative (Please print)
i
ture)
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Heidi Eisenhour, Chair .
4eg Brotherton, Member
Kate Dean, Member
Title
Date
ATTEST:
By: p ' C"CX'Gt C z /il Z
Carolyn Gallawa , Date
Clerk of the Board
APPROVED AS TO FORM ONLY:
By:
r December 13, 2022
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Page 7 of 9
Exhibit A: Scope of Work
The beach and adjacent low -elevation marine terrace and upland at Rialto Beach are providing
critical data regarding earthquakes in the Cascadia Subduction Zone, landslides, vegetation
changes, and rapid erosion. Work to date by the University of Washington (UW) supports a
hypothesis that the 1700 Cascadia Earthquake not only caused coastal subsidence to the south, but
also caused uplift on the North Coast. In this project, the UW will collect data to determine the
timing of two landslides and monitor the rate of erosion and beach/terrace change. It will build a
data repository to catalog the critical information being gathered and develop graphics that could
be used in an interpretive brochure about geologic significance of the beach and terrace at Rialto
Beach.
The work will be completed with the participation of graduate students. Field work is anticipated to
require 18 trips (50 days; 300 miles round trip from Seattle) over 1.5 years utilizing up to three
vehicles per trip. The UW requires use of the federal per diem rates in this estimate, but invoices
will be based on receipts for meals and lodging.
Task 1: Produce report detailing the work accomplished, findings and conclusions.
Deliverables:
la) Report from UW to NPC MRC including diatom slides, beach topographic profiles, tree
measurements, radiocarbon dating, dendrochronology on landslides and monitored
trees, and slabs and wiggle matching, and photos, maps. Due: June 15, 2023.
lb) Describe the project and results in a newspaper/letter article. Due: June 15, 2023.
1 c) Presentation to the NPC MRC. Due: Due: June 15, 2023.
1 d) All invoicing materials. Due: June 15, 2023
Page 8 of 9
Exhibit B: Estimated Budget
Category
Detail
MRC Request
Totals
Salaries and
Monthly wages for Dr.
Benefits or hourly
Troost: 0.4 months = $5534
$ 5,534.25
$ 5,534.25
wages
Includes benefits on salary =
1074.51 (24.1 %)
Supplies/Equipment
Sampling supplies
$ 264.30
$ 264.35
Mileage (300 miles x 18
Travel (for Dr.
total trips)
$ 5,248.15
Troost and graduate
Ferry fare; 18 total trips
$ 1,119.60
$18,481.18
students)
Meals (100 total meals)
$10,356.30
Lodging (10 room nights)
$ 1,757.15
Diatom slide preparations
$ 4,354.00
Contracted services
(20 x 217.70 = 4354
62.20
$ 4,416.20
Shipping$
Totals
$ 28,696.00
Page 9 of 9
TO:
FROM:
DATE:
SUBJECT:
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
Board of County Commissioners
Mark McCauley, County Administrator
Pinky Feria Mingo, Environmental Health and Water Quality Director
Tami Pokorny, Natural Resources Program Coordinator
bcc�M ky [I, �0D�-
Agenda item — Agreement with University of Washington, Rialto Beach Study;
January 1, 2022 to June 15, 2023; $28,696
STATEMENT OF ISSUE:
Jefferson County Public Health, Environmental Health Division, requests Board approval of an agreement with
the University of Washington to study erosion and landslides at Rialto Beach; January 1, 2022 to June 15,
2023; not to exceed $28,696
ANALYSIS/STRATEGIC GOALS/PRO'S and CONS:
The University of Washington will collect data to determine the timing of two landslides at Rialto Beach and
to monitor the rate of erosion and other changes to the beach and beach terrace as part of a larger study to
test the hypothesis that the 1700 Cascadia Earthquake not only caused coastal subsidence along the
southern Washington Coast, but also caused uplift along the north coast.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for this agreement is provided by a grant from the Washington Department of Fish and Wildlife for
projects identified and recommended by the North Pacific Coast Marine Resources Committee (NPC MRC),
#21-18965.
RECOMMENDATION:
JCPH management recommends that the BoCC approve the agreement with the University of Washington to
study erosion and landslides at Rialto Beach; January 1, 2022 to June 15, 2023; $28,696
Mark McCauleacounty Administrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (t) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
EH-22-056
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: University of Washington
Contract For: Rialto Beach Study
COUNTY DEPARTMENT: Public Health
Contact Person: Tami Pokorny
Contact Phone: x 498
Contact email: tpokomy@cojefferson.wa.us
AMOUNT: $28,696
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
$28,696
127
12756210
Clear Foffn I
Contract No: EH-22-056
Term: Jan. 1, 2022 - June 15, 2023
PROCESS: Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COM..K ~ E WIT JCS 5.080 AND CHAPTER 42.23 RCW.
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
CERTIFIED: a N/A: no
='`(�
Dec. 9, 2022
Signature
Date
STEP 2: DEPARTMENT CERTIFIES
THE
PERSON PROPOSED
FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BE
N DEBA ED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ❑ N/A:
Dec. 9, 2022
Signature
Date
Electronically approved by Risk Management on 12/14/2022.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Lasertiche):
Electronically approved as to form by PAO on 12/14/2022.
Low risk contract with the UW. EPH is requesting waiver of indemnity and
insurance language which was approved by the PAO last summer.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL