HomeMy WebLinkAbout070813_ca01JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Kate Driehaus, WSU Jefferson County Extension
DATE: 7/8/13
RE: Agreement with NW Straits Foundation re: Oil Spill Response and
Readiness
STATEMENT OF ISSUE:
This agreement with the Northwest Straits Foundation will provide Jefferson County
Extension with funds to conduct public trainings and outreach in the area of oil spill response
and readiness in Jefferson County.
ANALYSIS:
This agreement will allow the Jefferson County Extension natural resources program to
conduct trainings for the Jefferson County community in such areas as oiled wildlife cleanup,
oil spill preparedness, and oil spill drills.
FISCAL IMPACT:
$2700.00 - 100% grant funded - no cost is incurred by the County
RECOMMENDATION:
We recommend that the Commissioners approve this agreement
DEPARTMENT CONTACT:
Kate Driehaus 379-5610 Ext. 206
REVIEWED BY:
L.- ilip Mor y, ty Admmistr or Date
Agreement
between the
NORTHWEST STRAITS FOUNDATION
and
JEFFERSON COUNTY
Northwest Straits Project: Community Engagement for Oil Spill Response and Readiness
This Agreement is entered into between the Northwest Straits Foundation, referred to as "NWSF," a
Washington non-profit corporation, located at 1155 N. State St. Suite 402, Bellingham, WA 98225 and
Jefferson County, a municipal corporation, hereinafter referred to as "County."
The purpose of this Agreement is for NWSF to provide funding for Community Engagement for Oil Spill
Response and Readiness in collaboration with local Marine Resource Committees. The source of funds
provided by the NWSF is the EPA through the Washington Department of Fish and Wildlife (EPA Grant
PC-OOJ29801-0; WDFW Contract Number 12-1940).
IT IS MUTUALLY AGREED THAT:
1.0 Statement of Work. County shall furnish the necessary personnel, equipment, material and/or
services and otherwise do all things necessary for or incidental to performing work set forth in the Scope
of Work, Exhibit "A" attached hereto.
2.0 Period of Performance. The period of performance of this Agreement shall begin on April 15,
2013 and end on December 31, 2014 unless terminated sooner as provided herein.
3.0 Payment. Parties agree the cost of accomplishing the work will not exceed $2,700. Amount to be
reimbursed to the County per the attached Scope of Work is as follows:
Task 1: $940.00
Task 2: $685.00
Task 3: $515.00
Task 4: $31.0.00
Task 5: $250.00
Total: $2700.00
NWSF agrees to reimburse the County within 30 days of receipt of invoice for approved and completed
work. Total Payment for satisfactory performance of work shall not exceed $2700 unless the parties
mutually agree to a higher amount before beginning any work that could cause the maximum payment to
be exceeded. Payment for services shall be based on County providing acceptable deliverables as noted
in the Scope of Work Exhibit "A."
4.0 Billing Procedures. County shall submit invoices at least quarterly and no more frequently than
monthly to:
Northwest Straits Foundation
Robyn Du Pre, Director
1155 N. State St. Suite 402
Bellingham, WA 98225
dupre@nwstraits.org
5.0 Records Maintenance. The parties to this Agreement shall each maintain books, records,
documents and other evidence, which sufficiently and properly reflect all direct and indirect costs
expended by either party in the performance of the services described herein. These records shall be
subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by
either party, the Office of the State Auditor, and federal officials so authorized by law. All books,
records, documents, and other material relevant to this Agreement will be retained for six years after
expiration and the Office of the State Auditor and any persons duly authorized by the parties shall have
full access to and the right to examine any of these materials during this period.
Records and other documents in any medium furnished by one party to this Agreement to the other party
will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not
disclose this material to any third parties without first notifying the furnishing party and giving it a
reasonable opportunity to respond. Each party will use reasonable security procedures and protections to
assure that records and documents provided by the other party are not erroneously disclosed to third
parties.
6.0 Independent Capacity. The employees or agents of each party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that party and shall not be
considered for any purpose to be employees or agents of the other party. Each party to this Agreement
shall be responsible for its own acts and/or omissions and those of its officers, employees and agents.
The party who is responsible for acts and/or omissions shall hold the other party harmless therefrom.
County is not an agent ofNWSF.
7.0 Amendments. This Agreement may be amended by mutual agreement ofthe parties.
Amendments shall be in writing and signed by personnel authorized to bind each of the parties.
8.0 Termination. Either parry may terminate this Agreement by giving the other party 30 days prior
written notice. If this Agreement is terminated, the terminating party shall be liable to pay only for those
services provided or costs incurred prior to the termination date according to the terms of this Agreement.
9.0 Termination for Cause. If for any cause either party does not fulfill in a timely and proper
manner its obligations under this Agreement, or if either party violates any of the terms and conditions,
the aggrieved party will give the other party written notice of the failure or violation. The aggrieved party
will give the other party 15 working days to correct the violation or failure. if the failure or violation is
not corrected within 15 days, the aggrieved party may immediately terminate this Agreement by notifying
the other party in writing.
10.0 Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a
Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the
Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute
Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and
make a determination of the dispute. The determination of the Dispute Board shall be final and binding
on the parties hereto.
1 l .0 Governance. This contract is entered into under the authority granted by the laws of the State of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to
conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms
and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
(1) Applicable State and federal statutes and rules;
(2) Statement of Work; and
(3) Any other provisions of the Agreement, including materials incorporated
by reference.
12.0 Assignment. The work to be provided under this Agreement and any claim arising from this
Agreement cannot be assigned or delegated in whole or in part by either party, without express prior
written consent of the other party. Neither party shall unreasonably withhold consent.
13.0 Waiver. A party that fails to exercise its rights under this Agreement is not precluded from
subsequently exercising its rights. A party's rights may only be waived through a written amendment to
this Agreement.
14.0 Indemnification. Each party shall defend, protect and hold harmless the other party from and
against all claims, suits and/or actions azising from any negligent or intentional act or omission of that
party's officials, employees, agents, and/or authorized subcontractor(s) while performing this contract.
15.0 Complete Agreement in Writing. This Agreement contains all the terms and conditions agreed
upon by the parties. No other understanding, oral or otherwise, regazding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties.
16.0 Contract Management. The project coordinators for each of the parties shall be responsible for
and shall be the contact person for all communications and billings regarding the performance of this
Agreement.
17.0 Project Coordinators.
(1) The Project Coordinator for County is:
Cheryl Lowe
WSU Jefferson County Extension
380 Jefferson St.
Port Townsend, WA 98368
Telephone: 360-379-5610 x 230
Email: cheryl.lowena,wsu.edu
(2) The Fiscal Agent for County is:
Laura Lewis, Ph.D.
County Director
WSU Jefferson County Extension
380 Jefferson St
Port Townsend, WA 98368
Telephone: 360-3 79-5610
Email: Laura.lewis(a~wsu.edu
(3) The Project Coordinator forNWSF is:
Robyn du Pre, Director
1155 N. State St. Suite 402
Bellingham, WA 98225
Telephone: 360-671-0904
Email: dunre(a~nwstraits.org
18.0 Deliverables. The Scope of Work, Exhibit "A" identifies the Project Deliverables.
IN WITNESS WHEREOF, the parties have executed this Agreement.
JEFFERSON COUNTY
Chair Date
Board of County Commissioners
Jefferson County, Washington
STRAITS FOUNDATION
3'-- ~~- ~ zZ r3
Rob du Pre ate
Executive Director
ATTEST:
Clerk
Board of County Commissioners
Jefferson County, Washington.
Jefferson County Marine Resources Committee
By:
Al Bernstein Date
MRC Chairperson
Date
Approved as tr form only:
r
~1~~/,~
Jefferson o. PsoiKwfor' Office
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EXHIBIT A
Scope of Work
Northwest Straits Marine Conservation Foundation
Community Engagement for Oil Spill Response and Readiness
Task 1: Community Engagement Workshops Budget: $940.00
The Jefferson County MRC will assist with promotion and logistical support for two (2) day-long
community workshops on oil spill preparedness, to be held in the fall of 2013 and fall of 2014.
Work with the Foundation project manager to find and reserve a suitable venue for each of two
workshops
Assist the Foundation with identification of county emergency management personnel to be invited
to the workshops
Promote the workshops locally through press releases to MRC distribution lists and other promotion
appropriate to the community
Deliverables:
• Documentation of venue reservation
• Copies of all promotional materials such as press releases, posters, etc.
Task 2: Oiled Wildlife Trainings Budget: $685.00
The Foundation will contract with Islands Oil Spill Association to provide atwo-part basic oiled wildlife
care class and hands-on practice exercise. The MRC will:
• Work with the Foundation project manager to find and reserve a suitable venue for the workshop
• Promote the workshop locally through press releases to MRC distribution lists and other promotion
appropriate to the community
Deliverables:
• Documentation of venue reservation
• Copies of all promotional materials such as press releases, posters, etc.
Task 3: FIAZWOPER Training Budget: $515.00
The Foundation will offer an eight-hour FiAZWOPER training class. The training may be offered in
tandem with the Oiled Wildlife Training -above, or may be offered on separate dates. The MRC will:
• Work with the Foundation project manager to find and reserve a suitable venue for the workshop
• Promote the workshop locally through press releases to MRC distribution lists and other promotion
appropriate to the community
Deliverables:
• Documentation of venue reservation
• Copies of all promotional materials such as press releases, posters, etc.
Task 4: Local Participation in Oil Spill Drills Budget: $310.00
The Foundation will work with the Department of Ecology to actively invite local officials/tribes (with
formal roles in a response) to participate in real industry led oil spill drills within their geographic
areas, if offered. The MRC will serve as the project liaison to local emergency management
personnel, facilitating communication regarding spill exercises.
Deliverables:
• A list of county and tribal personnel with formal roles in oil spill response, with contact information
• Copies of communication with county/tribal personnel
Task 5: Local Incident Notification Communication and Call Down List Budget: $250
NWSF will develop and establish a local incident notification communication tree for each county that
does not cusently have one and run a pilot test of the local incident notification and communications "call
down list' in each community for which this tool is developed.
• Work with Foundation project manager to encourage county emergency management personnel
to take a brief web-based survey to ascertain what incident notification systems exist and whether
Jefferson County would like assistance in developing their system.
Deliverables:
• Distribution of customized Incident Notification System and "Call Down List", if created as a result
of the survey.
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