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HomeMy WebLinkAboutCONSENT Interagency re NPC MRC 615 Sheridan Street Port Townsend, WA 98368 c9effehson www.JeffersonCountyPublicHealth.org Public Hea tConsent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Pinky Mingo, Environmental Public Health and Water Quality Director Tami Pokorny, Natural Resources Program Coordinator DATE: to.ie SUBJECT: Agenda Item - Interagency Agreement with WA Dept. of Fish and Wildlife (WDFW) to support the North Pacific Coast Marine Resources Committee (NPC MRC) and its projects; July 1, 2025 — June 30, 2027; $40,000 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of the Interagency Agreement with WDFW to support the NPC MRC and its projects; July 1, 2025 —June 30, 2027; $40,000 ANALYSIS/STRATEGIC GOALS/PROS and CONS: This Interagency Agreement funds and supports the administrative capacity for the NPC MRC, provides project funds for participation in the Washington Coastal Marine Advisory Council, and supports education and outreach activities. The goal of the Coastal MRC program is to understand, steward, and restore the marine and estuarine ecological processes of the Washington coast in support of ecosystem health, sustainable marine resource-based livelihoods, cultural integrity, and coastal communities. This contract supports education and outreach, coastal communities, marine life, sound science, and marine habitats. FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for the NPC MRC is provided by the State General Fund and is administered through the WDFW Coastal MRC Program. There is no impact to the Jefferson County General Fund for this agreement and there are no match requirements. RECOMMENDATION: JCPH Management recommends BOCC signature for the Interagency Agreement with WDFW to support the NPC MRC and its projects; July 1, 2025 — June 30, 2027; $40,000 REVIEWED BY: °}Dj6 .D11147rj V79//g---5— Josh Peters, County Administrator Date Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) (f) 360-379-4487 Always working for a safer and healthier community WQ-25-062 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: WA Dept of Fish and Wildlife Contract No: WQ-25-062 Contract For: Support North Pacific Coast Marine Resources Committee Term: 7/1/2025 - 6/30/2027 COUNTY DEPARTMENT: Jefferson County Public Health Contact Person: Tami Pokorny Contact Phone: X 498 Contact email: TPokorny@co.jefferson.wa.us PROCESS: AMOUNT: $40,000 If Exempt from Bid Process Revenue: $40,000 Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund # 128 RFP or RFQ Munis Org/Obj 12800920 Other: APPROVAL STEPS: STEP l: DEPARTMENT CERTIFIES COMP CE W 55. ) AND CHAPTER 42.23 RCW. CERTIFIED: N/A: ■ - August 20, 2025 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BE DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: — N/A: - August 20, 2025 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 8/22/2025. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 8/22/2025. State funding agreement. Standard terms and hard to change. 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 Docusign Envelope ID:ECED8178-1719-4097-9924-89A0D4663EDD t' Washington Department of FISHana INTERAGENCY AGREEMENT WILDLIFE TITLE: 25-27 MRC- North Pacific Coast WDFW NUMBER: 25-28152 CONTRACTOR: Jefferson County CONTRACT PERIOD: 07/01/2025 to 06/30/2027 TYPE: Payable/Goods and Services/ Interlocal CONTRACT VALUE: $40,000.00 A. PARTIES TO THIS CONTRACT This Contract is entered into between the Washington State Department of Fish and Wildlife (WDFW), 600 Capitol Way North, Olympia, WA 98501-1091; and Jefferson County(Contractor), PO Box 1220, Port Townsend, WA 98368; and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF CONTRACT This contract sets out the terms and conditions by which the Contractor shall provide goods and/or services to WDFW. C. DESCRIPTION OF PROJECT The Contractor shall perform the project as described in Attachments, which are incorporated herein by this reference: Attachment A- General Terms and Conditions Attachment B - Contract/Project Summary Attachment C - Statement of Work D. PERIOD OF PERFORMANCE Regardless of the date of final signature, the effective date of this Contract is July 1, 2025. The performance period under this Contract shall commence on 07/01/2025 and terminate on 06/30/2027. No expenditures made before or after this period are eligible for reimbursement unless incorporated by written amendment into this Contract. The Contract may be terminated or the performance period extended pursuant to terms set forth in Attachment A. E. COMPENSATION/PAYMENT The total dollars provided by WDFW for this project shall not exceed $40,000.00. The Contractor shall be responsible for all project costs exceeding this amount. Only eligible reimbursement activities that are in direct support of the project deliverables identified in this Contract will be reimbursed. Any additional services provided by the Contractor must have prior written approval of WDFW. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted to the Project Manager by the Contractor not more often than monthly. The invoices shall describe and document to WDFW's satisfaction a description of work performed, activities accomplished, or the progress of the project. The rates shall be in accordance with those herein agreed to. Payment shall be considered timely if made by WDFW within 30 days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. WDFW may, in its sole discretion, terminate the contract or withhold payments claimed by the Contractor for the services rendered if the Contractor fails to satisfactorily comply with any term or conditions of this contract. F. RIGHTS AND OBLIGATIONS All rights and obligations of the parties of this Contract are subject to this Contract, including the Attachments, which are incorporated herein by this reference. By signing this Contract, the Contractor acknowledges that they have read, fully understand, and agree to be bound by all terms and conditions set forth in this Contract. G. COMPLIANCE WITH APPLICABLE STATUTES, AND RULES The Contractor shall comply with, all applicable state, federal, and local laws and regulations while performing under this Contract WDFW 25-28152 PaGr 1 Docusign Envelope ID: ECED8178-1719-4097-9924-89A0D4663EDD H. ORDER OF PRECEDENCE In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: Applicable Federal and State of Washington statutes and regulations. Special Terms and Conditions as contained in this basic contract instrument. Attachment A- General Terms and Conditions. Any other provision, term or material incorporated herein by reference or otherwise incorporated. I. PROJECT MANAGERS The below named individuals for each of the parties shall be the contact people for all communications and billings regarding the performance of this Contract. All written communications regarding this Contract shall be sent to these individuals at the addresses below unless notified in writing of any change. Contractors Project Manager Tami Pokorny (360) 379-4498 tpokornyna co.jefferson.wa.us WDFW's Project Manager Chris Waldbillig (360) 874-7258 chris.waldbilliq a,dfw.wa.gov J. ENTIRE CONTRACT This Contract, along with all attachments and exhibits, constitutes the entire agreement of the parties. No other understandings, verbal or otherwise, regarding this Contract shall exist or bind any of the parties. K. APPROVAL This contract shall be subject to the written approval of WDFW'S authorized representative and shall not be binding until so approved. This Contract may be altered, amended, or waived only by a written amendment executed by both parties. IN WITNESS WHERE, WDFW and the Contractor have signed this contract. JEFFERSON COUNTY WASHINGTON DEPARTMENT OF FISH AND WILDLIFE SIGNATURE AND DATE SIGNATURE AND DATE Heidi Eisenhour Kirsten Taylor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PHILIP C.HUNSUCKER Date Chief Civil Deputy Prosecuting Attorney WDFW 25-28152 PAGE 2 Docusign Envelope ID: ECED8178-1719-4097-9924-89A0D4663EDD Attachment A - GENERAL TERMS AND CONDITIONS Interagency Agreements DEFINITIONS CONTRACTOR without prior written consent of the As used throughout this contract, the following terms shall AGENCY. have the meaning set forth below: CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "AGENCY"or"WDFW"shall mean the Department of The CONTRACTOR shall not use or disclose any Fish and Wildlife of the State of Washington, any information concerning the AGENCY, or information that division, section, office, unit or other entity of the may be classified as confidential,for any purpose not AGENCY, or any of the officers or other officials lawfully directly connected with the administration of this contract, representing that AGENCY. except with prior written consent of the AGENCY, or as may B. "AGENT"shall mean the Director, and/or the delegate be required by law. authorized in writing to act on the Director's behalf. DISALLOWED COSTS C. "CONTRACTOR" shall mean that firm, provider, The Contractor is responsible for any audit exceptions or organization, individual or other entity performing disallowed costs incurred by its own organization or that of service(s) under this contract and shall include all its Subcontractors. employees of the CONTRACTOR. DISPUTES D. "RCW"shall mean the Revised Code of Washington. All In the event that a dispute arises under this contract, it shall be references in the contract to RCW chapters or sections determined by a Dispute Board in the following manner: Each shall include any successor, amended or replacement party to this contract shall appoint one member to the Dispute statutes. Board.The members so appointed shall jointly appoint an additional member to the Dispute Board.The Dispute Board E. "SUBCONTRACTOR" shall mean one not in the shall review the facts, contract terms and applicable statutes employment of the CONTRACTOR,who is performing and rules and make a determination of the dispute.The all or part of those services under this contract under a Dispute Board shall thereafter decide the dispute with the separate contract with the CONTRACTOR. The terms majority prevailing.The determination of the Dispute Board "SUBCONTRACTOR" and "SUBCONTRACTORS" shall be final and binding on the parties hereto.As an means SUBCONTRACTOR(s) in any tier. altemative to this process and if applicable,either of the ADVANCE PAYMENTS PROHIBITED parties may request intervention by the Governor,as provided No payments in advance of or in anticipation of goods or by RCW 43.17.330, in which event the Governor's process will services to be provided under this contract shall be made by control. the AGENCY. DUPLICATE PAYMENT AMENDMENTS The AGENCY shall not pay the CONTRACTOR, if the This contract may be amended by mutual agreement of the CONTRACTOR has charged or will charge the State of parties. Such amendments shall not be binding unless they Washington or any other party under any other contract or are in writing and signed by personnel authorized to bind agreement, for the same services or expenses. each of the parties. ENTIRE AGREEMENT AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, This contract contains all the terms and conditions agreed PUBLIC LAW 101-336, also referred to as the"ADA" 28 upon by the parties. No other understandings,oral or CFR Part 35 otherwise, regarding the subject matter of this contract shall The CONTRACTOR must comply with the ADA,which be deemed to exist or to bind any of the parties hereto. provides comprehensive civil rights protection to individuals EQUIPMENT MANAGEMENT with disabilities in the areas of employment, public For the purposes of this contract, "Inventoriable Equipment" accommodations, state and local government services, and shall mean a tangible asset which has a service life of more telecommunications. than one year and with a unit cost of$5,000 or greater; and ASSIGNMENT tangible assets with a unit cost of more than $300 that the Neither this contract, nor any claim arising under this AGENCY considers"small and attractive,"such as engines, contract, shall be transferred or assigned by the chain saws, communications equipment, global position systems, optical devices, cameras, microcomputer and WDFW 25-28152 PAGE 3 Docusign Envelope ID: ECED8178-1719-4097-9924-89A0D4663EDD related systems, and video equipment; and firearms, boats shall, however, be given a reasonable time in which to cure and motorized vehicles of any value. this noncompliance.Any dispute may be resolved in If the CONTRACTOR uses contract funds to purchase accordance with the "Disputes"procedure set forth herein. Inventoriable Equipment, title to that Inventoriable PREVAILING WAGE Equipment shall be held by the AGENCY unless otherwise If any work performed by subcontractors is subject to specified in this contract. The AGENCY's Inventoriable Chapter 39.12 of the Revised Code of Washington, the Equipment provided to the CONTRACTOR shall be used CONTRACTOR shall ensure that its subcontractors pay the only for the performance of this contract. Title to the prevailing rate of wages to all subcontractor workers, AGENCY's Inventoriable Equipment shall remain with the laborers or mechanics in the performance of any part of the AGENCY. work described in the contract in accordance with state law The CONTRACTOR shall take reasonable steps to account and Department of Labor and Industries rules and for and protect Inventoriable Equipment from loss or regulations. damage; report to the AGENCY any loss or damage of such RECORDS MAINTENANCE property; and take reasonable steps to protect such The parties to this contract shall each maintain books, property from further damage. The CONTRACTOR shall records,documents and other evidence which sufficiently and surrender to the AGENCY all Inventoriable Equipment either properly reflect all direct and indirect costs expended by either provided by the AGENCY or purchased with contract funds party in the performance of the services described herein. upon the completion or termination of this contract. These records shall be subject to inspection, review or audit FINAL INVOICE by personnel of both parties,other personnel duly authorized The CONTRACTOR shall submit the final invoice not later by either party,the Office of the State Auditor,and federal than 60 calendar days from the end of the contract period. officials so authorized by law.All books, records, documents, and other material relevant to this contract will be retained for GOVERNING LAW six years after expiration and the Office of the State Auditor, This contract shall be construed and interpreted in federal auditors,and any persons duly authorized by the accordance with the laws of the State of Washington, and parties shall have full access and the right to examine any of the venue of any action brought hereunder shall be in the these materials during this period. Superior Court for Thurston County. Records and other documents, in any medium,furnished by HOLD HARMLESS one party to this contract to the other party,will remain the Each party to this contract will be assigned and assume property of the furnishing party, unless otherwise agreed.The responsibility for any damages to third parties that are receiving party will not disclose or make available this material attributable to the negligent acts or omissions of the to any third parties without first giving notice to the furnishing individual party. Both parties agree, to the extent permitted party and giving it a reasonable opportunity to respond. Each by law, to defend, protect, save and hold harmless the other party will utilize reasonable security procedures and party, its officers, agents, and employees from any and all protections to assure that records and documents provided by claims, costs, damages, and expenses suffered due to each the other party are not erroneously disclosed to third parties. party's own actions or those of its agents or employees in RIGHT OF INSPECTION the performance of this contract. The CONTRACTOR shall provide right of access to its INDEPENDENT CAPACITY facilities to the AGENCY, or any of its officers, or to any The employees or agents of each party who are engaged in other authorized agent or official of the state of Washington the performance of this contract shall continue to be or the federal government, at all reasonable times, in order employees or agents of that party and shall not be considered to monitor and evaluate performance, compliance, and/or for any purpose to be employees or agents of the other party. quality assurance under this contract. NONDISCRIMINATION RIGHTS IN DATA During the performance of this contract, both parties shall Unless otherwise provided,data which originates from this comply with all federal and state nondiscrimination laws, contract shall be"works for hire"as defined by the U.S. regulations and policies. In the event of the Copyright Act of 1976 and shall be owned by the AGENCY. CONTRACTOR'S non-compliance or refusal to comply with Data shall include, but not be limited to, reports,documents, any nondiscrimination law, regulation, or policy, this contract pamphlets,advertisements, books magazines, surveys, may be rescinded, canceled or terminated in whole or in studies, computer programs,films,tapes and/or sound part, and the CONTRACTOR may be declared ineligible for reproductions. Ownership includes the right to copyright, further contracts with the AGENCY.The CONTRACTOR patent,register and the ability to transfer these rights. WDFW 25-28152 PAGE 4 Docusign Envelope ID:ECED8178-1719-4097-9924-89A0D4663EDD SAVINGS CONTRACTOR and its subcontractors agree not to release, In the event funding from state, federal, or other sources is divulge, publish,transfer, sell or otherwise make known to withdrawn, reduced, or limited in any way after the effective unauthorized persons personal information without the date of this contract and prior to normal completion, the express written consent of the agency or as provided by AGENCY may terminate the contract under the law. "Termination" clause,without the thirty-day notice TERMINATION requirement, subject to renegotiation at the AGENCY'S Either party may terminate this contract upon 30-days'prior discretion under those new funding limitations and written notification to the other party. If this contract is so conditions. terminated, the parties shall be liable only for performance SEVERABILITY rendered or costs incurred in accordance with the terms of this The provisions of this contract are intended to be severable. contract prior to the effective date of termination. If any term or provision is illegal or invalid for any reason TERMINATION FOR CAUSE whatsoever, such illegality or invalidity shall not affect the If for any cause, either party does not fulfill in a timely and validity of the remainder of the contract. proper manner its obligations under this contract, or if either SUBCONTRACTING party violates any of these terms and conditions,the Neither the CONTRACTOR nor any SUBCONTRACTOR aggrieved party will give the other party written notice of such shall enter into subcontracts for any of the work failure or violation.The responsible party will be given the contemplated under this contract without obtaining prior opportunity to correct the violation or failure within 15-working written approval of the AGENCY. In no event shall the days. If failure or violation is not corrected,this contract may existence of the subcontract operate to release or reduce be terminated immediately by written notice of the aggrieved the liability of the CONTRACTOR to the AGENCY for any party to the other. breach in the performance of the CONTRACTOR'S duties. This clause does not include contracts of employment WAIVER between the CONTRACTOR and personnel assigned to Waiver of any default or breach shall not be deemed a work under this contract. waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of Additionally, the CONTRACTOR is responsible for ensuring this contract unless stated to be such in writing and signed that all terms, conditions, assurances and certifications set by authorized representative of the AGENCY. forth in this contract are carried forward to any subcontracts. APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 3/20/2015 WDFW 25-28152 PAGE 5 Docusign Envelope ID: ECED8178-1719-4097-9924-89A0D4663EDD Attachment B - CONTRACT/PROJECT SUMMARY TITLE: 25-27 MRC-North Pacific Coast WDFW CONTRACT NUMBER: 25-28152 PERIOD: 07/01/2025 to 06/30/2027 WDFW MANAGER: Chris Waldbillig CONTRACTOR: Jefferson County (360)874-7258 CONTRACTOR CONTACT: Tami Pokorny (360) 379-4498 CONTRACT TYPE: Payable/Goods and Services/Interlocal SUMMARY CONTRACT DESCRIPTION: Jefferson County will provide MRC coordinator support for the MRC in partnership with Clallam County.This includes planning, organizing,and facilitating meetings, recording and distributing meeting and activity summaries to those interested in MRC activities. The MRC coordinator will manage tasks of the MRC, assign work to volunteers, and assure timely completion of work and final reports. The MRC coordinator is also responsible for coordinating with WDFW and completing contract deliverables.Additionally,the MRC coordinator will maintain and develop outreach tools to communicate with the MRC and the public regarding activities and accomplishments. Master Index Number(s): 37218 CFDA Number Award Year Award Number Research & Development? Not Applicable WDFW 25-28152 PAGE 6 Docusign Envelope ID:ECED8178-1719-4097-9924-89A0D4663EDD Attachment C - STATEMENT OF WORK 1. Introduction Jefferson County will provide MRC coordinator support for the MRC in partnership with Clallam County.This includes planning, organizing,and facilitating meetings, recording and distributing meeting and activity summaries to those interested in MRC activities. The MRC coordinator will manage tasks of the MRC, assign work to volunteers, and assure timely completion of work and final reports. The MRC coordinator is also responsible for coordinating with WDFW and completing contract deliverables. Additionally,the MRC coordinator will maintain and develop outreach tools to communicate with the MRC and the public regarding activities and accomplishments. 2. Description of all Project Requirements The complete Statement of Work and Budget continues on the following 2-page document of the same title. 3. Compensation and Payment The total amount payable under this contract shall not exceed $40,000 for the full contract term, 07/01/2025 to 06/30/2027. Payment will be authorized and reimbursed upon receipt of properly completed invoices submitted to the WDFW project manager. These invoices must describe and document to WDFW's satisfaction a description of the work performed,goods provided, and the WDFW's contract number, 25-28152. Final invoices must be submitted not later than 30 calendar days from the end of the Contract WDFW 25-28152 PncF 7 Docusign Envelope ID:ECED8178-1719-4097-9924-89A0D4663EDD 615 Sheridan Street ll eitson Port Townsend, WA 98368 �/� www.JeffersonCountyPublicHealth.org Public Healt Attachment C Statement of Work and Budget July 1, 2025 Contract effective dates July 1, 2025—June 30, 2027 Contractor's Representative Tami Pokorny JCPH 615 Sheridan St. Port Townsend, WA 98368 tpokorny@co.jefferson.wa.us WDFW's Representative Chris Waldbillig 1111 Washington St. SE Olympia, WA 98501 (360) 480-8128 Chris.Waldbillig@dfw.wa.gov SUMMARY PROJECT DESCRIPTION CONTRACT AWARD FOR FY2025/2027: $40,000.00 The purpose of this contract is to support the administrative capacity for the North Pacific Coast Marine Resources Committee (MRC), have MRC representation at of the Washington Coastal Marine Advisory Council (WCMAC) and fund projects. The goal of the Coastal MRC Program is to understand, steward, and restore the marine and estuarine ecological processes of the Washington coast in support of ecosystem health, sustainable marine resource-based livelihoods, cultural integrity, and coastal communities. This contract addresses the following program benchmarks: Education and Outreach, Coastal Communities, Marine Habitats, Marine Life, Marine and Freshwater Quality, and Sound Science. Community Health Environmental Public Health Developmental Disabilities [1] Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 Docusign Envelope ID: ECED8178-1719-4097-9924-89A0D4663EDD Task 1: MRC Coordination Amount $40,000 Jefferson County will provide MRC coordinator support for the MRC in partnership with Clallam County. This includes planning, organizing, and facilitating meetings, recording and distributing meeting and activity summaries to those interested in MRC activities. The MRC coordinator will manage tasks of the MRC, assign work to volunteers, and assure timely completion of work and final reports. The MRC coordinator is also responsible for coordinating with WDFW and completing contract deliverables. Additionally, the MRC coordinator will maintain and develop outreach tools to communicate with the MRC and the public regarding activities and accomplishments. Cost: $40,000 Deliverable la: Name and contact information for the MRC Coordinator and County Contacts. Deliverable lb: FY26 and FY27 project budget and work plan. (Due October 15, 2025 and October 15, 2026) Deliverable lc: Annual Report form that includes summary of actions completed in the first quarter, as well as a list of prioritized recommendations for future actions. This information will be included in the annual report to the Legislature. (Due October 15, of each fiscal year) Deliverable id: Submit quarterly progress reports on the Quarterly Report Form describing the progress and barriers for each contract deliverable. Deliverable le: If revised, submit a list of county appointed MRC board members including full name, organization and MRC seat representation. Deliverable 1f: As necessary, send WDFW coordinator updates for program website and develop additional outreach tools. (Due as necessary) Deliverable ig: A final report that includes prioritized recommendations for future actions and products for MRC development, a description of challenges and growth over the past year, and ideas on new ways to utilize the MRC to implement the Coastal MRC Program Priorities. (Due July 15, 2026 and July 15, 2027) Table 1. Budget (as projects are scored and ranked an amendment will be submitted in the future) Task Title Budget 1 MRC Coordination $40,000 Community Health [21 Environmental Public 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