HomeMy WebLinkAbout060214_ca05Consent Agenda
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JEFFERSON COUNTY PUBLIC HEALTH
gsy" 0 0 615 Sheridan Street Port Townsend Washington • 98368
www.jeffersoncountypublichealth.org
May 20, 2014
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Health Specialist II
DATE:
SUBJECT. j Consent Agenda Item — $7,021.60 Personal Services
Agreement: Duckabush Wetlands Preserve Acquisition
Stewardship Plan - Jefferson Land Trust - Property APN
502171004 and 502171012.
STATEMENT OF ISSUE:
Jefferson County (County) will retain Jefferson Land Trust (Subcontractor) to develop an
acquisition stewardship plan for the Duckabush Wetlands Preserve consistent with the
salmon project agreement, RCO #12 -1385C and the RCO Acquisition Stewardship Plan
Outline. Payment will not exceed $7,021.60. Agreement period extends from January 1,
2014 to June 30, 2016.
ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S:
Water Quality is requesting BoCC signature on a Personal Services Agreement with
Jefferson Land Trust to produce an Acquisition Stewardship Plan for the Duckabush
Wetlands Preserve (APN #s502171004 and 502171012) to the standards of the Recreation
and Conservation Office (RCO). The plan is required by County salmon recovery grant RCO
#12- 1385C. The RCO also provided funds for the acquisition and holds a Deed of Right
to Use [this] Land for Salmon Recovery. Jefferson Land Trust owns the property, is the
long -term steward, and has extensive experience developing stewardship plans for the
numerous properties in its care. For these reasons, the land trust is the only logical source
for the Acquisition Stewardship Plan for the Duckabush Wetlands Preserve.
The initial complete draft of the plan is due on July 31, 2014 with the final plan anticipated
by June 30, 2016 to include changes in property conditions resulting from restoration
activities conducted by the County under a separate license agreement.
COMMUNITY HEALTH HEALTH
DEVELOPMENTAL DISABILITIES PUBLIC HEALTH ENVIRON WAT RLQUALITY
MAIN: (360) 385 -9400 ALWAYS WORKING FOR A SAFER AND MAIN: (360) 385 -9444
FAX: (360) 385 -9401 HEALTHIER COMMUNITY FAX: (360) 379 -4487
FISCAL IMPACT /COST BENEFIT ANALYSIS:
There is no impact to the General Fund for the License for this agreement with Jefferson
Land Trust to produce an Acquisition Stewardship Plan for the Duckabush Wetlands
Preserve. Costs for plan will be paid for by County RCO grant #12- 1385C.
Management requests approval of the Contract Agreement with Jefferson Land Trust to
create an acquisition stewardship plan for the Duckabush Wetlands Preserve extending
from January 1, 2014 to June 30, 2016 not to exceed $7,021.60.
REVIEWED BY:
Phi 6p Morl unty A ' rator Date
(Routed to all Public Health Managers)
COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL DISABILITIES ADVAYSNlORKINGFORASAFERAND WATER QUALITY
MAIN: : 369385- 940116 HEALTHIER COMMUNITY MAIN: 3663859444
FAX: 366379 -4487
PERSONAL SERVICES AGREEMENT
Between
Jefferson County
And
Jefferson Land Trust
For
Acquisition Stewardship Plan for the Duckabush Wetlands Preserve
WHEREAS, Jefferson Land Trust will create an acquisition stewardship plan for the Duckabush
Wetlands Preserve near Brinnon, WA (APN#s 502171012 and 502171004), and
WHEREAS, this project is part of an established partnership with the Jefferson Land Trust to
protect certain floodplain properties along the Duckabush River for the purpose of salmon
recovery, and
WHEREAS, the plan will support the long-term conservation and restoration of property
acquired by the Jefferson Land Trust with County funds from the Recreation and Conservation
Office (RCO #12- 1385C) and the Conservation Futures Program, and
WHEREAS, the acquisition stewardship plan will reflect, and help direct, restoration activities
under the RCO agreement and by license with Jefferson Land 'Trust.
THIS AGREEMENT is entered into between the County of Jefferson a municipal corporation,
hereinafter referred to as "the County"', and Jefferson Land Trust, hereinafter referred to as "the
Subcontractor", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
I p.6.gct les�ation.The Subcontractor is retained by the County to develop an acquisition
stewardship plan for the Duckabush Wetlands Preserve consistent with salmon project
agreement, RCO #12-13850, and the RCO Acquisition Stewardship Plan Outline (Exhibit
13).
2. Scope of Services. Subcontractor agrees to perform the services, identified on Exhibit A,
attached hereto, including the provision of all labor, materials, equipment, and supplies,
3. Time for Performance, This Agreement shall commence on January 1, 2014, and continues
through June 30, 2016, unless terminated as provided herein. The agreement may be
extended beyond June 30, 2016 by mutual written consent.
4. P completed services
��en�t, The Subcontractor shall be paid by the County for ompl ted work and for
rendered under this agreement as follows:
a. The Subcontractor will be reimbursed for all work performed under the terms of this
contract. Payment for the work provided by the Subcontractor shall not exceed $7,021.60
in the completion of this project without express written amendment signed by both
parties to this Agreement.
b. funding for this contract will be provided by a RCO grant. If funding from RCO is
withdrawn, reduced, or limited in any way after the effective date of this agreement, this
contract may be renegotiated or terminated as provided herein.
c. The Subcontractor may submit invoices to the County not more than once per month, but
Page 1 of 7
Duckabush 1etNandsrsry Acquisition Stewardship Pian
not less than quarterly, during the progress ofithe work for work completed to date. Such
invoices will be checked by the County, and upon approval thereof, payment will be
made to the Subcontractor in the amount approved.
d. Final payment of any balance due the Subcontractor of the total contract price earned will
be made promptly upon its ascertairiment and verification by the County after the
completion of the work under this agreement and its acceptance by the County.
e. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
f. The Subcontractor's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the County and state for a period of six (6)
years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Subcontractor in connection with the services rendered tinder this
agreement shall be the property of the County whether the project for which they are made is
executed or not. The Subcontractor shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Subcontractor's endeavors.
6. Compliance with Laws. Subcontractor shall, in performing, the services contemplated by this
agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services to be rendered under this agreement.
7. Indemnification.
a. Each party shall defend, indemnify and hold the other party, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this
agreement, except for injuries and damages caused by the sole negligence of a party.
b. Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24,115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
parties, its officers, officials, employees, and volunteers, the party's liability hereunder
shall be only to the extent of the party's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the parties waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. this waiver has been mutually negotiated by the parties. The provisions
of this section shall survive the expiration or termination of this agreement.
S. insurance. The Subcontractor shall obtain and keep in force during the terms of the
Agreement, or as otherwise required, the following insurance with companies or through
sources approved by the State Insurance Commissioner pursuant to RCW 48,05:
a, Worker's compensation and employer's liability insurance as required by the State of
Washington.
b, Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used in
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Duckabush Wetlands Preserve AcAuisillon Itowardsh',p_ Ilan
the performance of the work for a combined single limit of not less than $500,000 each
occurrence,
9. inde T endent Contractor, The Subcontractor and the County agree that the Subcontractor is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto, Neither Subcontractor nor any employee of
Subcontractor shall be entitled to any benefits accorded County employees by virtue of the
services provided under this agreement. The County shall not be responsible for withholding
or otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
Subcontractor, or any employee of Subcontractor.
10, Discrimination ]Prohibited. The Subcontractor, with regard to the work performed by it under
ds
Imi he grounds of race, color, national origin, religion,
i scr
t
t ent, will not discriminate n n
this agreement, 1 0
creed, gre m he presence C t �te physical Or sensory handicap in the selection and
"ex,ort p nee 0 an p
e s y
retention age,
of employee or procurement in f
i c ent 0 materials or supplies.
1.1. Termination. The County reserves the right to terminate this contract in whole or in part,
without prior written notice, in the event that expected o r actual funding from any funding
source is withdrawn, reduced, or limited in any way after the effective date of this agreement.
In the event of termination under this clause, the County shall be liable for only payment for
services rendered prior to the effective date of termination.
a, This agreement may also be terminated as provided below,
With 30 days notice by the Board of County Commissioners for any reason, or
ii. With 30 days notice by the Board of County Commissioners for non-performance of
the specific job duties in Exhibit A.
Iii. With 30 days notice by the Subcontractor by voluntary resignation.
12. intezrated Agreement. This Agreement together with attachments or addenda, represents the
entire and integrated agreement between the County and the Subcontractor and supersedes all
prior negotiations, representations, or agreements written or oral. This agreement may be
amended only by written instrument signed by both County and Subcontractor.
DATED this day of 2014
By
John Austin, Chair
Jefferson Board of County Commissioners
Page 3 of 7
Duckabush Wetlands Preserve Acquisition Stewardship Plan
By
Sarah Spaeth A P'P R4( TO FURM
Executive Director Civil DPA David Alvarez
Jefferson Land Trust
1033 Lawrence St
Port Townsend WA 98368
Ph 360.379.9501 ext 101
sspaethoa
.,saveland.org
Attest/Authenticated:
Clerk of the Board
Page 4 of 7
Duckabush Wetlands Preserve Acquisition Stewards h i p,..,Pl,a
Exhibit A: Scope of Vt ark
Jefferson Land Trust will develop and write a Acquisition Stewardship Plan for the Duckabush
Wetlands Preserve (APN#s 502171012 and 502171004) to meet the requirements of RCO #12-
1385C and its Acquisition Stewardship Plan Outline (Exhibit B). The draft plan will be
submitted to the RCO for approval prior to implementation of restoration activities. After
approval, the plan will be updated twice in partnership with County staff to reflect completed
maintenance and monitoring actions as restoration activities proceed under RCO #12-1385C.
The Final Acquisition Stewardship Plan will be submitted with the final invoice.
Task Draft Restoration or
a t'
o n E
cme n ts of
P
'
a
n
At minimum, the he Subcontractor will draft the e
following items of the plan Introduction (item #1), Landowner Goals (Item 42), Current
Conditions (Item 4 4 ), D es ir e d Conditions ( tem #5 Maintenance and Monitoring Schedule
(Item 40
and Roles, Responsibilities, an d Funding (Item 48).
Deliverables: Completed items 4s 2, 4, 5, 6 and 8 of the Acquisition Stewardship Plan Outline.
Due: June 30, 2014
Task 2 — Draft Plan. The Subcontractor will develop a complete draft of the Plan to include all of
the items listed in the Acquisition Stewardship Plan Outline.
Deliverables: PDF of complete Draft Acquisition Stewardship Plan
Due: July 31, 2014
Task The draft plan will be updated to better help direct, and reflect, the
progress of restoration activities as they are conducted by the county.
Deliverables: Updated Draft Acquisition Stewardship Plan
Due: December 31, 2014 and June 30, 2015
Task 4 —Final Re ort and Invoice. The plan will be finalized for
Deliverables- PDF of Final Acquisition Stewardship Plan, final invoice and supporting materials
Due: June 30, 2016
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DuckabusYu wetlands Preserve gccBuisitiran Stevrardship PBan
BUDGET
CATEGORYI
Specific
Rate or Cost
TOTAL
Element
Calculation
Personnel
Erik Kingfisher
40 hours @
$2,200
$55 /hr
Personnel
Carrie
165 hours @
$'4,620
Clendaniel
$28 /hr
Travel
360 miles
$201.60
$0.56 /mile
TOTALS
$7,021.60
Page 6 of 7
Duckabush Wetlands Preserve Acqu—1,,_,,on Itowadship Ilan
Exhibit B:
RC ement and Acquisition Stewardship Plan Outline