HomeMy WebLinkAbout031813_ca02°¢~~~°~ JEFFERSON COUNTY PUBLIC HEALTH
QRSNyI- o oe 615 Sheridan Street • Port Townsend • Washington • 98368
www. jeffersoncountypuhlichealth.org
February 21, 2013
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jared Keefer, Environmental Health & Water Quality, Director
Tami Pokorny, Environmental Health Specialist II
DATE:
SUBJECT: Agenda Item -Sponsored Services Agreement with the
University of Washington and its Olympic Natural Resources
Center (ONRC) to facilitate and coordinate the activities of the
North Pacific Coast Marine Resources Committee (NPC MRC),
the MRC for western Jefferson and Clallam Counties;
July 1, 2012 -June 30, 2013; $19,670
STATEMENT OF ISSUE:
Jefferson County Public Health, Water Quality Division, requests Board approval of the
Sponsored Services Agreement with the University of Washington and its Olympic Natural
Resources Center (ONRC) to facilitate and coordinate the activities of the North Pacific Coast
Marine Resources Committee (NPC MRC), the MRC for western Jefferson and Clallam
Counties; July 1, 2012 -June 30, 2013; $19,670
ANALYSIS/STRATEGIC GOALS:
On November 26, 2012, Jefferson County entered an agreement (Grant #12-1735) with the
Washington State Department of Fish and Wildlife (DFW) to provide pass-through funds to
support the North Pacific Coast Marine Resources Committee (NPC MRC).
Through this agreement, the UW ONRC will provide a coordinator to facilitate NPC MRC
meetings, maintain MRC contact lists, develop a FY14 budget, distribute RFPs for FY 14
projects, and facilitate project ranking and communications with project applicants. The UW will
provide a brief operational summary to include prioritized recommendations for future actions,
descriptions of challenges and growth, and ideas on new ways the MRC may assist in
implementing the Coastal MRC Program Priorities. The UW will also purchase materials to
support the annual Science Fair/Barbecue. The UW Olympic Natural Resources Center will be
the primary point of contact for NPC MRC communications with the public.
COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL DISABILITIES ALWAYS WORKNGFORASAFERAND WATER QUALITY
FAXN360 8894000 HEALTHIER COMMUNITY MAIN: 36038&9444
FAX: 3603794487
FISCAL IMPACT:
Funding for the NPE MRC and this agreement is provided by the State General Fund and
administered through the WDFW Coastal MRC Program. There is no impact to the General
Fund for this agreement. There are no match requirements.
RECOMMENDATION:
JCPH Management requests approval of the Sponsored Services Agreement with the
University of Washington and its Olympic Natural Resources Center (ONRC) to facilitate and
coordinate the activities of the North Pacific Coast Marine Resources Committee (NPC MRC),
the MRC for western Jefferson and Clallam Counties; July 1, 2012 -June 30, 2013; $19,670
REVIEWED BY:
ilip Morley Co Administrator
3~~~j
Date
COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL DISABILITIES ALWAYS WORKNGFDRASAFERAND WATEROUALITY
FAXN360386&440~~ HEALTHIER COMMUNITY MAIN: 36638~s9444
FAX: 360.379-4487
LTW OSP #A82834
SPONSORED SERVICES AGREEMENT
between
The University of Washington
and
Jefferson County
This Sponsored Services Agreement ("Agreement") is entered into as of July 1, 2012
("Effective Date") between the University of Washington, an institution of higher education and
an agency of the State of Washington having its principal campus located in Seattle, Washington
("UW '), and Jefferson County, a political subdivision of the State of Washington having its
place of business located in Port Townsend, Washington ("Sponsor").
Recitals
WHEREAS, Sponsor desires to provide support for certain services to be conducted by
the UW in a field of common interest to the parties; and
WHEREAS, UW has the necessary technical expertise and desires to conduct the project
described in Exhibit A attached hereto ("Project") under the direction of Miranda Wecker
("Principal Investigator"), a faculty member in the UW's School of Environmental and Forest
Science; and
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements
contained herein, UW and Sponsor hereby agree as follows:
1.0 Project Performance, Principal Investigator and Reports
1. I Proiect Performance. Subject to Sponsor providing in a timely manner the support
described in Article 2.0 of this Agreement, the UW will exercise diligence and make reasonable
efforts to carry out the Project under the direction of the Principal Investigator as described in
Exhibit A ("Project Description") and Exhibit B ("Project Schedule").
1.2 UW Control. Except as otherwise expressly described in the Project Description, the UW
will have the sole and exclusive authority to conduct, manage, control and direct the Project, to
supervise all UW personnel participating in the Project, and to manage any UW subcontractors
carrying out UW responsibilities in the Project; providing, however, Sponsor will have
reasonable opporinnities during the course of the Project to advise and consult with the Principal
Investigator regarding the Project and its progress.
1.3 Chance in Princinal Investigator. UW agrees to promptly advise Sponsor of any change
in the employment status of the Principal Investigator that could have a material adverse effect
on the Project. If the Principal Investigator ceases to be associated with the UW or otherwise
becomes unavailable to direct the Project, the UW will be entitled to replace the Principal
Investigator with a qualified staff acceptable to Sponsor.
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LJW OSP #A82834
1.4 Reports. For projects of six (6) months duration or longer, Principal Investigator will
provide Sponsor quarterly progress reports, in written form. If requested by Sponsor, Principal
Investigator will confirm within a reasonable period of time any oral progress reports with
follow-up summary written reports. Principal Investigator will provide Sponsor a final written
report within ten (10) days after the conclusion of the Project in accordance with deliverables
listed in Attachment A.
2.0 Price, Payments and Other Support
COST REIMBURSEMENT
2.1 Price. In accordance with the budget attached as Exhibit C ("Project Budget"), Sponsor
will reimburse UW for all costs and expenses incurred by UW in performing reseazch and other
work on the Project calculated in accordance with the UW's usual and customary practices.
Reimbursement for overhead and other indirect costs will be as described in the Project Budget.
In no event, will the amount paid by Sponsor to UW under this Agreement exceed US
$19,670.00 without Sponsor's written agreement.
INVOICING
2.1.1 Invoices. UW will submit written invoices to Sponsor in the form attached as
Exhibit D attached hereto, which shall be paid by Sponsor within thirty (30) days of
receipt. Invoices will be submitted to Sponsor at the following address:
Attention: Tami Pokorny
Jefferson County Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
tpokorny@co. jefferson.wa.us
Sponsor Contact Information for Invoice Matters:
Accounts Payable
(360) 385-9400 (Voice)
2.1.2 Final Invoice. UW will submit its final written invoice within 30 (thirty) days
after the termination of the Agreement, including any extensions thereof.
2.2 Payment by Check. All money payments under this Agreement will be made by Sponsor
in United States dollazs payable by check to The University of Washington (Taxpayer
Identification No. 91-6001537) and delivered as follows:
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iJW OSP #A82834
Grant and Contract Accounting
Attention: UW OSP #A82834
University of Washington
12455 Collections Drive
Chicago, IL 60693
USA
2.3 Ownership of Eauinment and Purchases. Unless otherwise expressly agreed in writing
by the parties, the UW shall have sole right, title, and interest to all equipment and other tangible
materials purchased, acquired, furnished, fabricated, or used in the Project, whether as in-kind
support from Sponsor, purchased by the UW using funds paid to the UW by Sponsor, or
otherwise.
2.4 Taxes. Each party will be responsible for payment of any taxes (including all federal,
state, and local income, sales, use, value-added, and employment taxes) owed by it and arising
from this Agreement. No amounts paid to UW under this Agreement will be subject to any
withholding by Sponsor. UW represents that it is exempt from United States federal income
taxes under Section 115(1) ofthe Internal Revenue Code.
3.0 Term and Termination
3.1 Effective Date and Term. This Agreement begins July 1.2012 and ends on June 30a'
2013 unless otherwise terminated or amended in accordance with the provisions of this
Agreement or extended by mutual written agreement of the parties.
3.2 Termination. Either party may terminate this Agreement for any reason upon thirty (30)
days' prior written notice to the other party. Termination of this Agreement by either party shall
not affect the rights and obligations of the parties accrued prior to the effective date of the
termination, and in the event of a termination by Sponsor for any reason, Sponsor will pay UW
for (i) any work performed by UW up to the effective date of termination and (ii) any non-
cancelable expenses incurred by UW in preparation for the Project prior to the receipt by UW of
Sponsor's notice of termination.
3.3 Survival. Unless expressly provided otherwise herein, each provision of this Agreement
reasonably interpreted as intending to survive after the termination or expiration of this
Agreement shall survive any such termination or expiration, including without limitation,
Article 8.0 of this Agreement.
4.0 Non-Confidentiality
The parties acknowledge that they have not and that they do not anticipate disclosing to each
other any confidential or proprietary information in connection with this Agreement or the
Project. In the event that a party believes that a disclosure of confidential or proprietary
information will be required to carry out the Project, such party will promptly notify the other
party and request that the parties enter into an appropriate confidential disclosure agreement on
terms mutually agreeable to both parties. Unless and until any such confidential disclosure
agreement has been executed by the duly-authorized representatives of the parties, nothing in this
Agreement, the Project, or the results of the Project will be deemed to be confidential or
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UW OSP #A82834
restricted from disclosure by either party to any third party. Ch. 42.56 RCW, the Public Records
Act, applies to UW and the Sponsor and this executed Agreement is also subject to the above-
listed state statute.
5.0 Publication and Acknowledgement
UW reserves the right to make or permit to be made scholarly disclosures of the results of the
Project, including without limitation, publication in scholarly journals, presentations at academic
and other conferences, disclosures to UW and non-UW scholars, and disclosures in grant and
funding applications. UW shall provide Sponsor a copy or notice of any publication in any
scholarly journal that includes a report of the results of the Project. UW further agrees to
provide, in accordance with customary standards, an appropriate acknowledgement in any such
publication of Sponsor's support or other role in the Project.
6.0 Intellectual Property; Sponsor's License
6.1 Intellectual Property Ownership and Rights. The parties agree that ownership of and
other rights in any intellectual property created by UW researchers in the course of the conduct
of research under this Agreement will be determined in accordance with the laws of the United
States and the State of Washington and the UW's "Patent, Invention, and Copyright Policy"
((http://www.washington.edu/admin/rules/policies/PO/E036.htm1). Except as otherwise
expressly provided herein, neither party shall by reason of this Agreement or its performance
obtain any right, title, license or other interest, either express or implied, to the other party's
intellectual property.
6.2 Sponsor's License. Providing that Sponsor has otherwise performed its material
obligations under this Agreement, UW hereby grants to Sponsor afully-paid, non-exclusive,
royalty-free, license for Sponsor's internal use only, without right to sublicense or redistribute
either commercially ornon-commercially, to: (i) the written reports delivered to Sponsor as
described in Section 1.4 of this Agreement; and (ii) the data produced by UW researchers during
the course of performing the Project to the extent such data is reasonably and legally available,
providing that Sponsor requests such data within thirty (30) days of receiving the final report and
reimburses the UW for any additional reasonable costs incurred by the UW in reproducing the
data. Sponsor understands and agrees that excepting only the foregoing license, UW retains
ownership of such reports and data.
7.0 Relationship of the Parties
7.1 Independent Status. The parties hereby agree that they are at all times each are acting as
independent contractors. Nothing in this Agreement will be construed or deemed to create a
relationship of employer and employee, partner, joint venturer, or principal and agent between
Sponsor and UW, its faculty, employees, agents or officers. Except as expressly set forth in this
Agreement, Sponsor shall neither have nor exercise any control or direction over the methods by
which UW conducts the research and other work under this Agreement.
7.2 Workers' Compensation. UW faculty, employees, fellows, trainees, and students
participating in the Project will in no sense be considered employees of Sponsor and to the extent
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UW OSP #A82834
they are employees of UW will remain as employees of UW. Sponsor does not and will not
assume any liability under any law relating to worker's compensation by reason of any UW
representative participating in the Project, receiving training, or traveling pursuant to this
Agreement. Nothing in this Agreement will be construed as a waiver by UW of any rights it
may have under any applicable law governing injury to workers, including without limitation
UW's rights under RCW Title 51, Industrial Insurance.
7.3 Trademarks. Trade Names and Service Marks. Except as otherwise expressly provided
herein, neither party will use the other parry's name, either alone or in connection with another
word or words, nor shall it use the other's proprietary marks, trademarks, service marks, trade
names, symbols, logos or designs, for any purpose whatsoever (including, but not limited to, any
press release, sales or marketing publication or correspondence, advertisement, or similar
communication), without the express prior written approval of the other party's officer who has
been duly-designated for such purposes.
7.4 Non-Exclusivity. The parties understand and agree that nothing herein shall be
interpreted as establishing any form of exclusive relationship between UW and Sponsor. The
parties further understand and agree that nothing herein shall be interpreted as precluding either
party from entering into agreements similar to this Agreement with third parties or from
conducting educational, research or other activities that may involve the same or similar subject
matter as the Project, the conduct of which is outside and independent of this Agreement,
providing that any such educational, research or other activities are not done in a manner that is
inconsistent with the rights and obligations of the parties to this Agreement.
8.0 Warranties, Limitations, Indemnification and Insurance
8.1 Warranties and Limitations. UW will conduct the Project in accordance with generally-
accepted professional standards of workmanship and effort at a quality comparable to research
performed at major public and private research universities within the United States. Sponsor
understands that all research is experimental in nature and that the outcome of the Project is
inherently uncertain and unpredictable. Sponsor agrees and acknowledges that UW has not
made and does not make any representation, guarantee or warranty, express or implied, regarding
the results of the Project. EXCEPTING ONLY AS EXPRESSLY PROVIDED IN THI5
AGREEMENT, UW MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND HEREBY DISCLAIMS ALL SUCH WARRANTIES AS TO
ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES
WITH RESPECT TO: (i) THE PROJECT AND ANY RESULTS OF THE PROJECT; (ii)
DATA, REPORTS, INFORMATION OR RESEARCH PROVIDED BY EITHER UW OR
SPONSOR; AND (iii) ANY INVENTION OR PRODUCT, OR OWNERSHIP THEREOF,
WHETHER TANGIBLE OR INTANGIBLE, TESTED, CONCEIVED, DISCOVERED, OR
DEVELOPED IN THE PROJECT OR IN CONNECTION WITH CONDUCTING THE
PROJECT UNDER THIS AGREEMENT.
8.2 Mutual Indemnification. To the extent permitted by applicable law, including in the case
of UW, RCW 28B.20.250 et seq., and subject to the limitations set forth in sections 8.1 and 8.3
of this Agreement, each party (the "Indemnifying Party") will defend, indemnify, and hold
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UW OSP #A82834
harmless the other party, including its regents, directors, officers, employees, faculty, students
and agents (collectively, the "Indemnified Parties"), from and against any and all losses, claims,
liabilities, damages, and costs of whatever kind and nature, including attorney fees and legal
costs, for death or injury of any person and for loss or damage to any property, occurring or
claimed to occur as a result of the negligence of the Indemnifying Party or the failure of the
Indemnifying Party to perform its obligations under this Agreement; providing, however, the
Indernifying Party shall not be obligated to defend, indemnify, and hold harmless any
Indemnified Party to the extent any such losses, claims, liabilities, damages, and costs are the
result of the negligence of an Indemnified Party or the failure of an Indemnified Party to perform
any obligation under this Agreement.
8.3 Limitation of Damaees. In no event shall either party be liable to the other party for any
claims by the other party for indirect, incidental, consequential, special, punitive, or exemplary
damages, including lost profits, arising or alleged to arise from this Agreement, its breach, or the
transactions contemplated herein, however caused, under any theory of liability.
8.5 UW Self-Insurance. UW hereby notifies Sponsor that as an agency of the State of
Washington and in accordance with Washington law, UW maintains aself-insurance program
pursuant to RCW §§28B.20.250, 28B.20.253, and 28B.20.255. Upon Sponsor's request, UW
will provide Sponsor proof of insurance or loss coverage.
9.0 Notices
All notices, demands, requests or other communications required to be given or sent by a party
under this Agreement will be in writing and will be delivered by at least one of the following
methods: (i) in person, (ii) mailed by first-class mail, postage prepaid, (iii) transmitted by
facsimile, or (iv) transmitted by electronic mail (email) addressed as set forth below, providing a
party may designate a change of address at any time by notice in writing to the other party. All
notices, demands, requests, or communications that are mailed by first class mail will be deemed
received five (5) business days after deposit in the U.S. mail, postage prepaid, and all notices
transmitted by facsimile or by email will be deemed received upon written confirmation by the
receiving party of successful facsimile or email transmission.
9.1 Notifications
To the University:
University of Washington
Office of Sponsored Programs
Attention: Director of Sponsored Programs
4333 Brooklyn Ave NE, Box 359472
Seattle, WA 98195-9472
(206) 543-4043 (Voice)
(206) 685-1732 (Facsimile)
osp@uw.edu (Electronic Mail)
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UW OSP #A82834
With a copy to
UW Olympic Natural Resources Center
Attention: Miranda Wecker
1455 South Forks Avenue
Box 1628
Forks, WA 98331
(360) 374-3220 (Voice)
(360) 374-3336 (Facsimile)
mwecker(a~uw.edu (Electronic Mail)
In the case of a legal notice relating to a dispute, claim or controversy arising out
of or relating to this Agreement, a copy of such notice shall also be provided to:
Washington State Attorney General's Office
University of Washington Division
Attention: Senior Assistant Attorney General
4333 Brooklyn Ave NE, 18`h Floor
Box 359475
Seattle, WA 98195-9475
(206) 543-4150 (Voice)
(206) 543-0779 (Facsimile)
agouw@u.washington.edu (Electronic Mail)
To the Sponsor:
Attn: Tami Pokorny
Jefferson County Environmental Health
615 Sheridan St.
Port Townsend, WA 98368
(360) 379-4498 (Voice)
(360) 385-9401 (Facsimile)
tpokorny~cr)co.jefferson.wa:us (Electronic Mail)
9.2 Scientific. Technical and Similar Matters
To the University:
Miranda Wecker, Marine Program Manager
University of Washington College of the Environment
School of Environmental and Forest Sciences
Olympic Natural Resources Center,
PO Box 1628
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UW OSP #A82834
Forks, Washington 98331
(360) 374-3220 (Voice)
(360) 374-3336 (Facsimile)
mwecker @uw.edu (Electronic Mail)
10.0 Disputes; Governing Law; Attorney's Fees
10.1 Notice of Dispute, Negotiation and Mediation. Prior to commencing any legal action, the
parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy
arising out of or relating to this Agreement. Either party may initiate such negotiations by
providing written notice to the other party specifying that this provision of this Agreement is
being utilized and setting forth the subject of the dispute and the relief requested. The party
receiving such notice will respond in writing within ten (10) business days with a statement of its
position on and recommended solution to the dispute. If the dispute is not resolved by this
exchange of correspondence, then representatives of each party with full settlement authority
shall meet at a mutually agreeable time and place in Seattle, Washington within twenty-five (25)
business days of the date of the initial notice in order to exchange relevant information and
perspectives, and to attempt in good faith to resolve the dispute. If the dispute is not resolved by
these negotiations, the matter will be submitted to a mutually agreeable and recognized
nonbinding mediation service prior to initiating legal action. Any such mediation shall be
conducted in Seattle, Washington and the costs of the mediation service shall be shared equally
by the parties.
10.2 Governing Law, Jurisdiction and Venue. This Agreement shall be governed by and
enforced according to the laws of the State of Washington and the United States, without giving
effect to its or any other jurisdiction's choice of law provisions, and the Superior Court of
Washington for Jefferson County shall have exclusive jurisdiction and venue of all disputes
arising under this Agreement, except that in any case where the courts of the United States shall
have exclusive jurisdiction over the subject matter of the dispute, the United States District Court
for the Western District of Washington, Seattle division, shall have exclusive jurisdiction and
venue.
10.3 Attorney Fees. With respect to any action sought to enforce or interpret this Agreement
or any provision of this Agreement each party to this Agreement shall bear the cost of its
attorney's fees and costs, including any appeals thereon.
11.0 Compliance with Applicable Laws
11.1 Qualifications. Licenses, Permits. Upon request by Sponsor, UW agrees to provide
Sponsor evidence of any licenses, permits, certifications or accreditations required to conduct the
Project.
11.2 Conformation to Applicable Laws and Professional Standards. UW agrees that UW and
those persons participating in the Project will conform to and obey all applicable laws,
ordinances, rules, regulations, requirements and orders of all municipal, county, state or federal
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UW OSP #A82834
authorities or agencies and all professional standards applicable to the conduct of the research
under this Agreement.
11.3 Leeal Compliance. The parties intend this Agreement to comply with all applicable laws,
regulations and requirements. The parties further agree this Agreement shall be applied and
interpreted in a manner consistent with full compliance with all such laws, regulations and
requirements. If at any time either party has reasonable grounds to believe that this Agreement
may not conform to the then-current requirements or interpretations relevant to such matters,
both parties agree that they will immediately negotiate in good faith for the purposes of bring this
Agreement into full compliance with such then-current requirements and interpretations.
11.4 Debarment. Each party represents that it is not excluded, debarred, suspended or
otherwise ineligible to participate in federal programs. In connection with the performance of
their respective obligations under this Agreement, the parties shall not knowingly employ or
contract with, whether or not for compensation, any individual, or entity currently listed by a
federal agency as excluded, debarred, suspended or otherwise ineligible to participate in federal
programs.
11.5 Nondiscrimination. Both parties agree that they will not engage in any unlawful
discrimination nor will they discriminate against any person because of race, color, religion,
national origin, age, handicap, status as a Vietnam era or disabled veteran, sex, or sexual
orientation with respect to their employment, personnel, or patient care policies and practices as
those matters may relate to the performance of the parties' respective obligations under this
Agreement.
11.6 Export Control. Sponsor understands that the parties are subject to and that UW's
obligations under this Agreement are contingent upon compliance with certain laws and
regulations of the United States applicable to the export of technical data and information,
computer softwaze, laboratory prototypes and other commodities (including without limitation
the Arms Export Control Act, as amended, and the Export Administration Act of 1979) ("Export-
Controlled Materials"). Sponsor understands that the transfer of any Export-Controlled
Materials to Sponsor under this Agreement or under any other agreement entered into pursuant to
this Agreement, including transfers to Sponsor's affiliates and permitted uses by certain third
parties, may require a license from a cognizant agency of the United States Government and/or
written assurances by Sponsor that Sponsor shall not transfer Export-Controlled Materials to
certain foreign countries without the prior approval of an appropriate agency of the United States
government. The UW neither represents that any such export license shall not be required, nor
that, if required, it shall be issued. Sponsor agrees that it will not provide or make accessible to
UW any Export-Controlled Materials without first notifying UW in writing of the existence and
nature of the Export-Controlled Materials and obtaining the prior written agreement of the UW,
through aduly-authorized UW representative, for the UW to receive such Export-Controlled
Materials. A11 Export-Controlled Materials shall be conspicuously labeled "Export Controlled"
together with any applicable Export Control Classification Number.
11.7 Bayh-Dole Requirements. In the event the UW receives any funding from a funding
agency of the U. S. government for the Project, Sponsor understands and agrees that the
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UW OSP #A82834
intellectual property or other similar rights covered by this Agreement maybe subject to the
rights and limitations of U.S. Public Laws 96-517 and 98-620, 35 USC §§200-211, and various
implementing regulations, including those codified at 37 CFR Part 401, known generally and
collectively as "Bayh-Dole Requirements." In such case, the parties agree to include, where
applicable, in any application for a U.S. Patent a statement fully identifying the rights of the U.S.
government under the Bayh-Dole Requirements; and Sponsor acknowledges that the UW shall
be required to grant the U.S. government a worldwide, non-exclusive, royalty-free license for
such invention covered by any Patent notwithstanding anything in this Agreement to the
contrary.
12.0 Miscellaneous
12.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties,
and supersedes all prior oral or written agreements, commitments, or understandings concerning
the matters provided for herein.
12.2 Amendment. This Agreement may only be modified by a subsequent written agreement
executed by the duly-authorized representatives of the parties.
12.3 Severability. If any provision of this Agreement or of any other agreement, document or
writing pursuant to or in connection with this Agreement, shall be wholly or partially invalid or
unenforceable under applicable law, said provision will be ineffective to that extent only, without
in any way affecting the remaining parts or provision of said agreement, provided that the
remaining provisions continue to effect the purposes of this Agreement.
12.4 Waiver. Neither the waiver by any of the parties hereto of a breach of or a default under
any of the provisions of this Agreement, not the failure of either of the parties, on one or more
occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege
hereunder will thereafter be construed as a waiver of any subsequent breach or default of a
similar nature, or as a waiver of any such provisions, rights or privileges hereunder.
12.5 Force Mature. Nonperformance by a party, other than payment of any amounts due
hereunder by Sponsor, shall not operate as a default under or breach of the terms of this
Agreement to the extent and for so long any such nonperformance is due to: strikes or other
labor disputes; prevention or prohibition by law; the loss or injury to products in transit; an Act
of God; or war or other cause beyond the control of such party.
12.6 Assignment and Successors in Interest. Except as otherwise provided herein, no party
may assign, subcontract, or delegate any right or obligation under this Agreement, in whole or in
part, without the express prior written consent of the other party. This Agreement shall inure to
the benefit of and be binding upon each party's successors and assigns.
12.7 Counterparts. This Agreement maybe executed in any number of counterparts or, if
mutually agreeable to the undersigned authorized signatories for the parties, through the
exchange by facsimile or other electronic means ofduly-signed duplicates hereof, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
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[Signature Page Follows]
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UW OSP+fA82834
niversity of
4'~~,.
v:
Print Name: -Lynette Arias
Title: Director. office of Sponsored Proerams
Assistant Vice Provost for Research
Feb 19, 2013
Principal Investigator-Read and Reviewed
Sponsor
Print Name:
Date:
Approved as to fomt:~ (-----(~,.~9P~
3~)'~zb-3
By: 1N1 i /a.~nc~~. ~'~ c k ~£.t,~'
Print Name: Miranda Wecker
,~~
Title: ~~iwec4z~~ t ~'~Qy-r~~e ?tom;-{t~:,r.. ~ ~`t--~
1 u
Date: .Zli S ! z ~i ~
Page ! 2 of 12
iJW OSP #A82834
Exhibit A: Project Description
Chapter 36.125 of the Revised Code of Washington, the Washington State Department of
Fish and Wildlife (DFW) provides contracts to four neutral forums called "Marine Resources
Committees" along the outer coast of Washington State. Each neutral forum is made up of local
stakeholders representing tribes, state, federal and local governments, resource dependent
businesses, conservation organizations, and citizens appointed by coastal county Boards of
Commissioners. Marine Resources Committees are assigned the responsibility of developing
ranked lists of research, restoration, and education projects that are based on the best available
science, community principles, and the integration of environmental and ecological interests.
Under contract with DFW, Jefferson County serves as the fiscal agent for the North Pacific Coast
Marine Resources Committee (NPC MRC), which extends geographically across the western
portions of Clallam and Jefferson Counties. The current members of the NPC MRC, and
Jefferson County as fiscal agent, recognize that the Olympic Natural Resources Center, ONRC is
very well positioned to provide the services needed to support the education, coordination,
outreach, and public involvement functions of the NPC MRC.
The UW will provide an MRC coordinator to coordinate ten (10) public monthly
meetings of the NPC MRC between July 1, 2012 and June 30, 2013. This includes planning,
organizing, and facilitating the meetings, maintaining MRC contact lists, and recording and
distributing meeting materials and activity summaries to those interested in the MRC activities.
The UW Olympic Natural Resources Center will be the primary point of contact for NPC MRC
communications with the public. The MRC coordinator will manage the solicitation of volunteer
projects and the development of a FY14 draft project budget and work plan. Cost: $19,670.00
Task la: Coordinate and facilitate monthly meetings of the NPC MRC.
Task lb: Facilitate MRC- approved Ground Rules and By Laws.
Task lc: With the MRC, develop and distribute solicitation of RFPs for FY14 projects.
Facilitate project ranking and communications with project applicants. Develop project
ranking and draft FY14 project budget.
Task ld: A brief, draft operational summary 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.
Task le: Purchase supplies and facilities rental for the Science Fair/Bazbecue.
UW Jefferson County lLA-NPC MRC_2'12'13.doc Page 1 Of 1
UW OSP #A82834
Exhibit B: Project Schedule
Task Descri tion Due Date Deliverable s
la NPC MRC Meetings (dates May 21, 2013 Meeting notices,
tentative unless noted agendas, summaries,
otherwise) recordings, materials
July 17, 2012 -complete and sign-in sheets
August 21, 2012 -
complete
September 18, 2012 -
complete
October 16, 2012 -
complete
November 20, 2012
January 15, 2013
February 19, 2013
March 19, 2013
April 16, 2013
Ma 21, 2013
lb Facilitate MRC-approval of May 15, 2013 Approved Ground
Ground Rules and B Laws. Rules and B laws
lc Facilitate FY14 NPC MRC May 15, 2013 Ad, RFP, ranked FY
project ranking and budget 14 project list and
draft bud et
ld Draft o erational summa Ma 15, 2013 Brief draft re ort
le Local coordination of Science June 1, 2013 Local coordination and
Fair/Barbecue su lies
UW Jefferson County ILA -NPC MRC_2'12'13.dac
Page 1 of 1
UW OSP #A82834
Exhibit C: Project Budget
Item Amount
Salaries $18,100.00
Contracted Services $0.00
Notices & Meetin Su lies $620.00
Travel $200.00
E ui ment $0.00
Science Fair/Barbecue
Su lies $750.00
TOTAL $19,670.00
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