HomeMy WebLinkAbout051914_ca04JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Cheryl Lowe, WSU Jefferson County Extension
DATE: May 19, 2014
RE: Agreement with Northwest Straits Marine Conservation Foundation
STATEMENT OF ISSUE:
The purpose of the agreement is to provide funding for the Jefferson County Marine Resources
Coordinator to assist with administrative duties in association with the Fort Townsend
Nearshore Restoration Design Project.
ANALYSIS:
The Northwest Straits Foundation (NWSF) would like to contract with the County for the
administrative services of the Jefferson County Marine Resources ( JCMRC) Coordinator,
based out of the WSU Jefferson County Extension office. The JCMRC coordinator will be
paid to assist with stakeholder meetings, monitoring plans, and local outreach for the Fort
Townsend Nearshore Restoration Design project.
FISCAL IMPACT:
$2000.00 - 100% grant funded
RECOMMENDATION:
We recommend that the Commissioners approve this modification to the agreement
DEPARTMENT CONTACT:
Cheryl Lowe 379 -5610 Ext. 230
REVIEWED
r�.
P ilip Morley, Co4ty A ator Date
AGREEMENT
between the
NORTHWEST STRAITS FOUNDATION
and
JEFFERSON COUNTY
Fort Townsend Nearshore Project: JCMRC Coordination
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 Jefferson County Marine
Resources Committee ( JCMRC) Coordinator to assist with stakeholder meetings, monitoring
plans and local outreach for a Fort Townsend Nearshore Restoration Design project. The source
of funds provided by the NWSF are through the Estuary Salmon Restoration Program,
Agreement #13 -1234.
IT IS MUTUALLY AGREED THAT:
1.0 Statement of Work. The 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 8, 2014 and end on June 30, 2015 unless terminated sooner as provided herein.
3.0 Payment. The parties estimate that the cost of accomplishing the work will not exceed
Two Thousand Dollars ($2,000.00). NWSF agrees to reimburse the aforementioned amount to
the County. Payment for satisfactory performance of work shall not exceed this amount 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 the County providing
acceptable deliverables as noted in the Scope of Work Exhibit "A."
4.0 Billing Procedures. The County shall submit invoices at least quarterly and no more
frequently than monthly to:
Northwest Straits Foundation
Lisa Kaufman, Nearshore Program Manager
1155 N. State St. Suite 402
Bellingham, WA 98225
kaufman@nwstraits.org
Payment to the County for approved and completed work will be made by warrant by the NWSF
within 30 days of receipt of the invoice.
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 parry 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 parry, 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 parry. 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 of NWSF.
7.0 Amendments. This Agreement may be amended by mutual agreement of the parties.
Amendments shall be in writing and signed by personnel authorized to bind each of the parties.
8.0 Termination. Either party 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.
11.0 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,
`A
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 hannless the other party from
and against all claims, suits and/or actions arising 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, regarding 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: chervl.lowe(cr�,wsu.edu
(2) The Fiscal Agent for County is:
Kate Driehaus
Financial Coordinator
WSU Jefferson County Extension
380 Jefferson St
Port Townsend, WA 98368
Telephone: 360-379-5610x206
Email: kdriehaus@co.jefferson.wa.us
(3) The Project Coordinator for NWSF is:
Lisa Kaufman, Nearshore Program Manager
1155 N. State St. Suite 402
Bellingham, WA 98225
Telephone: 360-733-1725
Email: kaufinan car 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
ATTEST:
Clerk
Board of County Commissioners
Jefferson County, Washington
NORTHWEST STRAITS FOUNDATION
Joan Drinkwin Date
Programs Director
Date
�O M
qDaMtZai
a, Chief �IDPA
Exhibit A
Scope of Work for JCMRC
Fort Townsend Nearshore Project: JCMRC Coordination
Period of Performance: April 8, 2014 through June 30, 2015
Total Contract Amount: $2,000.00
Funding Source: Northwest Straits Foundation through Estuary Salmon Restoration
Program, Agreement #13 -1234
General Responsibilities:
Task 1: JCMRC Coordinator will assist with logistics and participation in Stakeholder
Advisory Committee meetings.
Deliverable: Participate in 4 -6 Advisory Committee meetings and review associated
materials and design documents.
Task 2: Coordinate press releases and community outreach about public meeting and
general project information.
Deliverable: Summary report of PR and outreach activities.
Task 3: Coordinate pre - construction project monitoring:
1. Work with NWSF Project Manager and Advisory Committee to determine monitoring
targets and protocols, monitoring schedule and timeline. Monitoring activities may
include, but are not limited to: forage fish spawning surveys using WDFW protocols,
beach sediment sampling or photo - documentation transects, beach profiles or other
photo - documentation protocols.
2. Develop Draft Monitoring Plan, including identification of potential partner
organizations. The monitoring plan will be hypothesis driven relative to the goals and
objectives of the restoration project.
3. Solicit and train volunteers for pre - construction monitoring activities identified in
monitoring plan.
4. Coordinate data collection and assessment according to pre - determined protocols from
June 1, 2014 through May 30, 2015 as appropriate.
Deliverable: Draft Monitoring Report and Summary of 2014 -2015 Monitoring Activities
(included in Final Project Report. (Task 4)
Task 4: Submit a Final Report on project tasks and accomplishments.
Deliverable: The summary report will be delivered by June 15, 2015. Photos may be
included in the report, but will also be sent electronically in JPG format.
Estimated Budget
Task 1: $ 400
Task 2: $ 200
Task 3: $1,000
Task 4: $ 400
Total $2,000