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HomeMy WebLinkAbout010614_ca11Con,onl A,enla JEFFERSON COUNTY PUBLIC lb,,.AI,Tll 615 Sheridan Street o Port Townsend o Washington o 98368 war ww,j . effers,orilcoutiltypuj 9iw.,,heaBtl°�,org ktroy.-1 X919111111 JI I M I Rl TO- Board of Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health & Water Quality Director Tami Pokorny, Environmental Health Specialist II DATE: 7-R( ri L.1 A r � � at) 14- RE: Agenda Request: Interagency Agreement with Department of Ecology for Washington Conservation Corps (WCC); December 16, 2013 — September 24, 2014; $16,800 STATEMENT OF ISSUE: Jefferson County Public Health requests Board approval of the Interagency Agreement with Department of Ecology for Washington Conservation Corps (WCC); December 16, 2013 — September 24, 2014; $16,800 ANALYSIS: An important element of the Hood Canal Watershed and other clean water projects is the restoration of riparian areas where a lack of native strearnside vegetation is linked to water pollution and degraded water quality. This agreement will engage a Washington Conservation Corps (WCC) crew for up to four weeks to install 35'-wide strearnside buffers of native species and plant protection in riparian areas such as Leland Creek. Such buffers reduce water pollution by obstructing the flow of contaminants, increase shade and other factors that aid in maintaining and restoring water quality, The WCC is a unique program created under Chapter 43.220 RCW to engage young people in the restoration of Washington's ecosystems. The WA Department of Ecology administers the WCC as a partnership with other departments, organizations, and agencies to complete projects with fee-for-service work crews to meet goals associated with the enhancement of water quality, watershed health, fish and wildlife, and habitat (RCW 43.220,045). WCC is financially supported through AmeriCorps. The 6-person crews are trained, equipped, insured and well-supervised. COMMUNH"Y HE " :ALTH ENMROINMONTAL HEA113H DEVELOPMENTAL [ASAMU1 IES PUBLIC HEALTH WAIER QUM 117Y PAAft (3(,,0) 3851-9400 ALWAYS INFORK ICI *110v FOR A SAFER AND MAft (360) 385-9444 FAX! �360) 385,9401 NEALTNIER COMMUNITY FAk (360� 379-4487 Consent Agenda FISCAL IMPACT: Costs for the WCC crew will be provided by the Hood Canal Watershed Clean Water project (Ecology Grant #G1100189) with match provided by Clean Water District funds and Interlocal Agreements. There is no impact to the General Fund. Pollution control facilities are exempt from bid law under Chapter 70.95A RCW and WCC members are exempt from prevailing wages ,under Chapter 43.220,.070(4) RCVT-----> -79 . q5-A , RECOMMENDATIONS: 3CPH management requests approval of the Interagency Agreement with Department of Ecology for Washington Conservation Corps (WCQ; December 16, 2013 — September 24, 2014; $16,800 P-h-iLfipMo County Adp ,Oistrator OM Page 1 of 6 INTERAGENCY'' AGREEMENT NO. BETWEEN The State of Washington Department of Ecology V Jefferson County &ZHUMEM THIS AGREEMENT is made and entered into by and between the Department of Ecology, hereinafter referred to as "Ecology' and _Jefferson Count hereinafter referred to as the "''Sponsor, " IT IS THE PURPOSE OF THIS AGREEMENT to provide Washington Conservation Corps (WWCC) members to complete natural resource projects in Jefferson_ County, pursuant to Chapter 43.2.20 of the Revised Code of Washington, THEREFORE, IT IS MUTUALLY AGREE[ THAT: STATEM \\YORK Roth parties agree to do all things necessary for or incidental to the performance of the work set forth in Attachment "°A" attached hereto and incorporated herein. Subject to its other provisions„ the period of performance of this Agreement shall commence on 1/112014 and be completed on 912462.014 m unless terminated sooner as provided herein. PAYMENT The parties have determined that the cost of accomplishing the work herein will not exceed 1. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. Compensation for service(s) shall be based on the following established rates: The costs reimbursed to Ecology by Sponsor are a cost -share rate. Ecology will provide the remainder of the funding for the projected total cost of $4,750 per 40 -hour workweek for WVCC crew labor (cost -share does not apply to food/subsistence). The obligation of the Sponsor to provide reimbursements beyond the end fiscal year 2013 is contingent upon appropriation of funds by the Sponsor's governing body for the specific purpose of funding the project, which is the subject of this Agreement. Upon the failure of such appropriation„ the Sponsor may terminate this Agreement. Provided by Ecology Reimbursed to Ecology by 'Sponsor in 4 Cost -Share Crew Weeks $16,800 Dine 2: .�� ---- Line 3, ........Line 4: ......._.�. _. _ —_ __ ......m�. Total SPONSOR COST _m ............. $16,800 Above cost Not to be Exceeded The costs reimbursed to Ecology by Sponsor are a cost -share rate. Ecology will provide the remainder of the funding for the projected total cost of $4,750 per 40 -hour workweek for WVCC crew labor (cost -share does not apply to food/subsistence). The obligation of the Sponsor to provide reimbursements beyond the end fiscal year 2013 is contingent upon appropriation of funds by the Sponsor's governing body for the specific purpose of funding the project, which is the subject of this Agreement. Upon the failure of such appropriation„ the Sponsor may terminate this Agreement. Page 2 of 6 BILLING PROCEDURE Ecology shall submit invoices with a state invoice voucher (Al 9-1A) monthly to the Sponsor's designated contact person listed under the "Contract Management" section. Payment to Ecology for approved and completed work will be made by warrant or account transfer by Sponsor within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. i 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 service(s) 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, federal auditors, and any persons duly authorized by the parties shall have full access 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 or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. This Agreement and all public records associated with this Agreement shall be available from the Sponsor for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"), To the extent that public records then in the custody of Ecology are needed for the Sponsor to respond to a request under the Act, as determined by the Sponsor, Ecology agrees to make them promptly available to the Sponsor, if Ecology considers any portion of any record provided to the Sponsor under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, Ecology shall clearly identify any specific information that it claims to be confidential or proprietary, If the Sponsor receives a request under the Act to inspect or copy the information so identified by Ecology and the Sponsor determines that release of the information is required by the Act or otherwise appropriate, the Sponsor"s sole obligations shall be to notify Ecology (a) of the request and (b) of the date that such information will be released to the requester unless Ecology obtains a court order to enjoin that disclosure pursuant to RCW 42,56,540, If Ecology fails to timely obtain a court order enjoining disclosure, the Sponsor will release the requested information on the date specified. The Sponsor has, and by this section assumes, no obligation on behalf of Ecology to claim any exemption from disclosure under the Act, The Sponsor shall not be liable to Ecology for releasing records not clearly identified by Ecology as confidential or proprietary, The Sponsor shall not be liable to Ecology for any records that the Sponsor releases in compliance with this section or in compliance with an order of a court of competent jurisdiction, R IGH!—SNJ2-PS-1A Unless otherwise provided„ data, which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by Ecology. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. I N D E E—EITD—ENDIA—F AQ —ITY 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. Page 3 of 6 AGREEMENT AL�TERATIQNS —AND A14ENDII& ENT S This Agreement may be amended by msonneutual orized au a th greement bind to of the pa ach rties. pa of the Such a iesmendments shall not be binding unless they are in writing and signed by perl ert. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 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 these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other, DISPULE—S 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. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's, process will control, This Agreement is entered into pursuant to and 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. In the event of 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: a. Applicable state and federal statutes and rules; b. Statement of work; and c. Any other provisions of the agreement, including materials incorporated by reference. ASSIGN E —NT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld, WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. S E VLEa6- I E T—Y If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable, Page 4 of 6 LN DEM N IF I �CATT 0 NN To the fullest extent permitted by law, the Sponsor shall indemnify and hold harmless Ecology (and its officials, agents and employees) from and against all claims arising out of or resulting from the negligent performance of this Contract by the Sponsor. To the fullest extent permitted by law, Ecology shall indemnify and hold harmless the Sponsor (and its officials, agents and employees) from and against all claims arising out of or resulting from the negligent performance of this Contract by Ecology, its officials, agents and employees. ALL-WRITINGS CONTAINED �HERON This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. CONTR.ACT M&N—&G--EMENT The program manager 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. The Contract/Program Manager for Ecology is: 8ridget Mason PC) Box 47600 Olympia, WA 98504 360-407-6516 141A - 4 0 , a. o The Contract/Program Manager for Sponsor is: Tami Pokorny 615 Sheridan Street Port Townsend WA 98368 360-379-4498 tpokorny@co-jefferson.wa-us IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington SPONSOR Department of Ecology Jefferson County . . . ............ . .. .. Date Signature Date Signature Nick Mott, WCC Section Supervisor Printed Name, Title Printed Name, Title 6V.m David Alvarez, Chief il CPA. Page 5 of 6 M • X -T, 0 0 !1', -M , Work summary: Restoration Activities: Under direction of Sponsor organization, crew(s) will perform restoration, in-stream, and habitat maintenance projects. Specific tasks include invasive control, native species installation, and fence work. 1� Provide WCC members for the number of weeks specified in this agreement, In the event of a disaster response deployment, the WCC Program will make every effort to fulfill sponsor program needs, including sending additional members, whenever possible. For crew (s), Ecology agrees to provide a crew of 5 members, a crew supervisor, vehicle, and basic hand tools. Cost-share rates are not based on actual attendance, however, invoices will be reduced for member or supervisor vacancies lasting 20 days or more. f. Obtain applicable permits as set by local, state, tribal or federal laws and regulations. 2, provide site orientation for WCC members, specific on-the job task training, and any materials beyond basic hand tools to complete tasks assigned under this Agreement. Vehicle is not to be used for heavy hauling. The primary use of the crew vehicle is for transportation of crew, tools, and safety equipment. 1 Help to promote the AmeriCorps and WCC brand name, logo, slogans and phrases. The WCC will provide camera-ready logo upon request. AmeriCorps is a registered service mark of the Corporation for National and Community Service, Special Terms and Conditions: The assignment of corpsmembers shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. Agencies that participate in the program may not terminate, lay-off, or reduce the working hours of any employee for the purpose of using a corpsmember with available funds. In circumstances where substantial efficiencies or a public purpose may result, participating agencies may use corpsmembers to carry out essential agency work or contractual functions without displacing current employees. All state holidays will be non-,working days for WCC members. In addition, there is a shutdown week (4 days) scheduled in December and up to 3 planning days set aside that are non- working days for members. These days are to be used by staff for planning purposes. The WCC standard 40-hour workweek is Monday through Thursday from 7:00arn to 5:30pm. An alternate work schedule may be arranged with prior approval from the WCC. Page of 6 Prohibited Activities: While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or CNCS, staff and members may not engage in the following activities (see 45 CFR § 252&65)� A. Attempting to influence legislation; B. Organizing or engaging in protests, petitions, boycotts, or strokes; C. Assisting, promoting, or deterring union organizing; D. impairing existing contracts for services or collective bargaining agreements; E, Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; F participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; G, Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious prose lytization H, Providing a direct benefit to-- -- I . A business organized for profit; I , A labor union; IW A partisan political organization; IV A nonprofit organization that fails to comply with the restrictions contained in V, section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and Vj. An organization engaged in the religious activities described in paragraph 3,g, above, unless CNCS assistance is not used to support those religious activities; 1. Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; J. Providing abortion services or referrals for receipt of such services; and K Such other activities as CNCS may prohibit. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmehGorps time, and using non-CNCS Bands. Individuals should not wear the AmeriCorps logo while doing so, Page 7 of 7 WCC CALENDAR ATTACHMENT B Cm MEN= 1 2 3 4 57 —ii-- 6 moo= 6 5 iFo— J7 1-1 74 5 1,�7 1-6 7-1,7 1,3 ik 20 21, 2i 2 7 18 is — —,c, 3-1 9"- 26 Page 7 of 7 WCC CALENDAR ATTACHMENT B The specified end date shown (0911a/24014) may be extended to 0912112014 if the mutually agreed upon work schedule extends through Sunday. moo= 2 1 3 4 5 6 7 8 3 10 c 9 4 5 6 7 (1 11 12 -75— 1-6 1-7 —i— 12 13 1-4 13 14 15 If is 19 20 21 ZZ — 23 — 24 — 16 19 20 21 mllfi,71] if/ MITI 5 26 Be 2 6171 mi 21 Ta 23 27 28 The specified end date shown (0911a/24014) may be extended to 0912112014 if the mutually agreed upon work schedule extends through Sunday.