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HomeMy WebLinkAbout090214_ca03aso„ Consent Agenda JEFFERSON COUNTY PUBLIC HEALTH ,s 615 Sheridan Street o Port Townsend o Washington o 98368 www.jeffersoncountypublichealth.org August 12, 2014 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS TO: FROM: DATE: SUBJECT: AGENDA REQUEST Board of County Commissioners Philip Morley, County Administrator Jared Keefer, Environmental Health Director Agenda Item — Contract Agreement with October 1, 2010 — September 30, 2014; Clallam Conservation District; $143,550. STATEMENT OF ISSUE: Jefferson County Public Health, Environmental Health Department, requests Board approval of the Contract Agreement Amendment Al -a with Clallam Conservation District to extend time of performance from September 30, 2014 to September 30, 2015. ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S: Jefferson County and Clallam Conservation District entered into an agreement in 2011 to complete tasks associated with the EPA Grant PO- 0071000 -1. The agreement is for CCD to work with landowners within the Sequim- Dungeness CWD requesting new or updated conservation plans for their farms. The amendment extends the period of that contract by one year. All other terms of the original contract remain in effect. FISCAL IMPACT /COST BENEFIT ANALYSIS: There is no fiscal impact. JCPH management request approval of the Contract Agreement Amendment Al -a between CCD and Jefferson County to extend the contract period through September 30, 2015. All other terms of the original contract remain in effect. REVIEW Philip Morley, Co Administ Date COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES WATER QUALITY MAIN: (360) 385 -9400 ALWAYS WORKING FOR A SAFER AND MAIN: (360) 385 -9444 FAX: (360) 385 -9401 HEALTHIER COMMUNITY FAX: (360) 379 -4487 Amendment NO. 1a TO Contract Agreement Between CLALLAMCONSERV/T|ON DISTRICT AND JEFFERSON COUNTY Whereas, Clallarn Conservation District and Jefferson County entered into an agreement on December 6,2011rmcomplete tasks associated with a grant from EPA under PO~U0J1DQO-1. The agreement isfor Clallarn Conservation District to work with landowners within the Sequim-Dungeness Clean Water District requesting a new or updated conservation plan for their farms, They will work with landowners to develop and implement BMPs that improve and /or protect water quality on their farms. Whereas, the parties desire to amend the terms of that agreement itis mutually agreed that: The Time for Performance shall be extended to September ]0,2U1S. item No. 3. Time for Performance !s amended toread: This Agreement shall commence on October 1, 2010 and continues through September 30, 2015 unless terminated aS provided herein, The agreement may be extended beyond September 3O 2015 upon mutual written consent of the County and the Contractor. � All other terms and conditions of the original contract remain in effect. The parties signing this amendment: Jefferson county ------------- John Austin, Chair Date Jefferson County Board ofCommissioners d���r�om� Approve , Page 1 of I Annroved as to form only 6J�effcr7son Co. Plrosecutolt", 7 David Alvarez, Chief Civil DPA Clailam Conservation District Joseph F. Murray, Chair Date Clallam Conservation District Board of Supervisors Approved as to form only C) JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street 0 Port Townsend o Washington o 98368 www.jeffersoncountypublicheaIth.org Letter Amendment Redistributing cost amount budget elements of the Contract Agreement Recipient: ---�aapam �CounatConserva�tion District Amendment #1 Program: Clean Water District Activities in Jefferson and Clallarn Counties CFDA Number, 66,1210 EPA Program: Puget Sound Waitershed Management Assistance Project Manger: Linda Atkins Program Code: HEH591 I authorize these amendments to the contract budget starting November 28, 2012. Jean aldwin, Director Jefferson County Public Health (L` i L3 1/14/13 COMMUNITY HEALTH PUE"S'LIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL, DISABILITIES ALWAYS WORKING FOR A SAFER AND WATER QUALITY MAIN: (360) 385-9400 MAIN: (360) 385-9444 FAX: (360) 325-9401 HEALTHIER COMMUNITY FAX: (360) 379-4487 original war Amendment Amended Awaard Federal Match Federal Match Federal Match ersonnel Personnel Personnel 31,390.00_ 1 ' 90* 5,600.00 25,927.00 57,317.00 5,600.00 Fringe Benefits 14,664�00 14,664.00 - Travel 720-00 375 1,095.00 Contractual E33 61,156.00 30,000-00 (26,302.00) 34E,854,01030,000,00 Total 0 , 9 0. 107,930.00 35,600.00 107,930-001 35,600.00 I authorize these amendments to the contract budget starting November 28, 2012. Jean aldwin, Director Jefferson County Public Health (L` i L3 1/14/13 COMMUNITY HEALTH PUE"S'LIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL, DISABILITIES ALWAYS WORKING FOR A SAFER AND WATER QUALITY MAIN: (360) 385-9400 MAIN: (360) 385-9444 FAX: (360) 325-9401 HEALTHIER COMMUNITY FAX: (360) 379-4487 Between K`lall0m Conservation District And Jefferson County THIS AGREEMENT is entered into between the County ofJefferson, a municipal corporation hereinafter referred toms"the ,�d�oC|mUamCou��mbnnDim�����in����ord�us"�cCon�o�/'.in - ~ consideration of the mutual be benefits, tcnms, and conditions hereinafter specified. (�ou�uotor agrees to perform the services, identified on Exhibit "A", Statement of Work, attached )' hereto, including the provision of all labor, materials, equipment and supplies. Develop and/o,opd�s6�n�uonorn/o&imoplmnsdbe{�eutn will, 2. of�Vock^v*orkvvitbhuodownerm*vithintheSequino-Duogenc*s(�|emnYVa<er �a�^'"`" "` Statement — District requesting u new orupdated conservation plan for their farms. The Contractor will work with landowners 10 develop and implement HMPathat improve and/or protect water quality on their farms in the first three years n[ the project. /\\lBMPuvviUbodouignednmdinmtu\lodauuovdimg tn the Natural Resources Conservation Service (NE<CS) standards and specifications. This rtmhuNconrnzeuccon{)otohcrl 2010 and continues through � ' prnv�edher�n.The ocuIbu extended beyond September —' 5eptcmher3O^20l4 upon mutual written consent of the County and the Contractor. 4. - The Contractor shall be paid 6v the County for completed work and for services rendered under tmaf�Uu�a� this agreement � 5 . Payment modification of the agreement signed by the County. The Contractor will provide match funding at 33% tu support activities. This is projected tobeu maximum o[$35,62O. Total project expmmxenhu\Koo<exoced $143,550. 6 ' The Contractor may submit invoices tu the County once per month, but not less than quarterly, during the cxmnfducvvor�[orvvmrkovnmp|e1edLudm1e.Buchiovoicem*vi)\hochcokedb*oheCouoty,mndupon Prm�/ approval thereof, payment will he made tm the Contractor in the amount approved, Estimates afthe deliverables that will be generated and implemented by the Contractor are reflected on Exhibit ^^B" to this Agreement, the budget submitted in the application to the D.S. EPA. Variance in the du\ivcruh|eu generated and implemented 6vthe Contractor from those estimates will not constitute m hreuob of these contractual terms. 7 ' Invoices will include billing period, award amount, cumulative billed, current ummont being invoiced, and remaining balance on forms approved by the County. Receipts, timesheets, and any other dOCUMentation verifying the invoice amount will hc attached when submitted for payment Initial, hourly compensation rates for employees or representatives of the Contractor are reflected on Exhibit ^B,'and 1bmme hourly rates are subject 10 change and r�nnm i m in the control u[ the Contractor throughout the term o[this Agreement. Regardless of the hourly compensation rates set by the Contractor the max irnUrn amOU oL payable to tile Contractor established by Paragraph 5 above may not he exceeded except with written rnatvmA ugreommmtbyall parties tothis /\grmunneu|. Page 1nf8 Contract Agreement Clallam Conservation District & JeffgE�j�� 8. Final payment of any balance due the Contractor mfthe total contract price earned wi|Vbe imade promptly upon its ascertainment and verification by the County after the completion of the work Lin&r tills agreement and its acceptance: by the County. 9. Payment as provided in this ocuhow shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary tu complete the work, lO. The Contractor's records and accounts pertaining hn this agreement are k) be kept available for inspection by representatives rf the County, and, Environmental Protection Agency (EPA), form period of six (6) years after final payments. Copies shall be made available upon request, \|. The Contractor is required to ensure that expenses and financial records comply with the financial guidelines set forth by the EPA in40CFHL Part 3|, OMB Circular /\-87, OMB Circular /\'|3]. 12. All documents, drawings, specifications d by the Contractor in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not, The Conti-actor Shal I be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor's endeavors. l]. Contractor shall, lm performing tire services contemplated hy this agreement, faithfully observe and comply with all federal, state, and Vouuy laws, ordinances and rcgu|u1ions, applicable to the services |mbe rendered under this agreement, u. Each party shall defend, indemnify and hold the other party, its officers, officials, employees and volunteers harmless from any and all u]ulma, injuries, damages, losses or suits including attorney teem, arising out of or in connection with the performance of this /\grcomcnL except for injuries and damages caused bv the sole nsg,|igenoeufuparty, K Should u court of competent jurisdiction determine that this Agreement is subject to KCW 4.24.115, then, in the event of liability for damages arising out of bodily injury 10 persons or durnugox to property caused by or resulting from the concurrent negligence of the parties, its officers, uO0uiu]s, employees, and volunteers, the party's liability hereunder shall be only to the extent of the purr/m negligence. It is further mpeoifiuu||y and expressly understood that the indemnification provided herein owoodtutos the parties waiver of immunity under Industrial Insurance 'Fitle 51 RCW, solely for the purposes of this indcmniDcatioo. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination e[ this Agreement. |I insurance, The Contractor 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 RCV/ 48.05: a, Worker's Compensation and Employer's Liability Insurance as required by the State of b. Commercial Automobile Liability Insurance providing bodily injury and prmportydumage liability coverage for all owned and non-owned vehicles assigned to or used in the podbomunue of the work for a combined single limit of not less than $300,000 each OCCUrrence. 16. The Contractor and the County agree that the Contractor is art independent contractor with respect 10 the services provided pursuant &n this ugrccment. Nothing in this agreement Page 2of8 Contract Aqreement Clallam Conservation District & Jefferson County shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor 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 tile state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 17. Discrimination Prohibited, The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies, LFermination. The County reserves the right to terminate this contract in whole or in part, without prior written notice, in the event that expected or 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: i. 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 Contractor by voluntary resignation. 19. Integrated Agreement., cn�. This Agreement together with attachments or addenda, represents the entire and — — integrated agreement between the County and the Contractor 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 Contractor. of ILP 2 0 10. DATED this s By Davi Sullivan, Chair Jefferson Board of County Commissioners By * r Chair No U am 9S4V_ IS 1 2,010 e h urray, /Os p I Conservation io Claila Con vat n District CAAttested -1_ Clerk of the Board Approved as to form: 014k, tk I David Alvarez, Chief Civi T PA Page 3 of 6 Contract. Agreement Clallam Conservation District & Statement of Work The project area includes the Clean Water Districts adopted by Jefferson County and Clallarn County for shellfish protection under RCW90.72. The project area extends from the Jefferson-Mason County line on Hood Canal north and west to the Bagley-Morse Creek divide in Clallarn County, encornpassing over 310 miles of marine shoreline (Map 1). This includes portions of the Hood Canal and the &.rait of Juan de Fuca Puget Sound Partnership (PSP) Action Areas. A. Develop and/or update farm conservation plans: The Contractor will work with landowners requesting a new or updated conservation plan for their farms. These plans will include a comprehensive resource inventory, description of resource concerns, and planned actions needed to correct the resource concerns. Timeline — throughout project period, B. The Contractor will work with landowners to develop and implement BMPs that improve and/or protect water quality on their farms in the first three years of the project. All BMPs will be designed and installed according to the Natural Resources Conservation Service (NRCS) standards and specifications. Below is a list of BMPs proposed for implementation and a short description of the water quality protection that each BMP provides: • Manure storage structure(s) — Safely store manure and prevent runoff from entering ground and/or nearby surface water. • Drainage water management — Diverting clean drainage water away from areas heavily used by livestock. • Stream Exclusion Fencing — Fencing livestock away from waterways. • Heavy Use Area Protection — Livestock confinement areas that allow for year-round manure removal and reduce polluted runoff into nearby waterways, • Alternative Livestock Watering — Eliminate livestock watering directly from streams and develop alternative watering systems (e.g., solar powered water pumps, stock tanks, and pipelines). • Roof Runoff Management — Collect clean roof water and provide an outlet away from livestock areas. Reduces polluted runoff from livestock facilities. Timeline — throughout the project period. This "Statement of Work" may be applicable to other contracts distinct from this one. Page 4 of 6 Contract f# reernent Clallam Conservation District & Jefferson County Required Performance: I. Submit a public outreach plan to the County which describes methods that will be employed to contact project area residents and inform them of Contractor programs. (January 2011). 2. Submit a "prioritization" plan that details how properties and projects will be prioritized to maximize water quality benefits. (January 2011) 3. Maintain (ongoing, through the project) a spreadsheet that details the following by property: • `contacts" or "attempted contacts" with the property owner; • The priority of the property relative to protection of surface or ground waters, • Whether a farm conservation plan was created or amended • Best management practices recommended for the property • Best management practices installed on the property • Most proximate water body being protected or improved Reference to specific properties shall be done in such a way as to protect the privacy and confidentiality of participants. 4. Prepare and submit semi-annual reports (no later than the 15th of the month following the end of the reporting period) to the County that details the information recorded in the above spreadsheet, and the following information: • If available, provide results of any water quality testing completed in the vicinity of the project both up and down gradient of the project and before and after the project. Any workshops, mailings or other public outreach activities conducted during the reporting period. 5. Submit a final report to the County no later than September 15, 2014. Page 5 of 6 Contract A regiment Clallam: Conservation District & Jefferson County Exhibit B Budget Personnel and Benefits - $46,054 Travel - $720 Contractual— lmplementation of BIVIP's - $61,156 Clallam Conservation District Grand Total $1017,930.00 Non-Federal Match $35,620