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Home My WebLink About090214_ca05SON COL Consent Agenda JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street o Port Townsend o Washington o 98368 www.jeffersoncountypublichealth.org August 12, 2014 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health Director DATE: " —L)/ /4 SUBJECT: Agend Item — Contract Agreement — Jefferson County Conservation District; October 1, 2010 — September 30, 2014; 133,000.00 STATEMENT OF ISSUE: Jefferson County Public Health, Environmental Health Department, requests Board approval of the Contract Agreement — Jefferson County Conservation District to Amend time of performance from September 30, 2014 to September 30, 2015. ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S: Jefferson County and the Conservation District entered into an agreement in 2011 to complete tasks associated with EPA Grant PO- 0031000 -1. The agreement is to work with landowners within the Jefferson county Clean Water District. This 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. RECOMMENDATION: JCPH management request approval of the Contract Agreement, Amendment Al between Jefferson County Conservation District and Jefferson County to extend the contract period through September 30, 2015. REVIE Y• Philip I 'ley, unty Admini rator Date w1.�1�e 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. 1 TO Contract Agreement Between JEFFERSON COUNTY CONSERVATION DISTRICT AND JEFFERSON COUNTY Whereas, Jefferson County Conservation District and Jefferson County entered into an agreement on February 14,2U11to complete tasks associated with agrant from EPA under PO-OO]1O0O'1. The agreement is for Jefferson County Conservation District to work with landowners within the Jefferson County Clean Water District requesting a new or updated conservation plan for their farms, They will work with landowners todevelop and implement BMpsthat inmprove and /or protect water quality on their farms. Whereas, the parties desire to amend the terms ofthat agreement hLim mutually agreed that- The TimeforPerformanceshaUbe extended to September 30, 2015. Item No. 3, Time for Performance is amended to read: This Agreement shall commence om October 1, 2010 and continues through September 30i, 2015 unless terminated as provided herein. The agreement may be extended beyond September 3(l2015upon 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, [hair Date Jefferson County Board of commissioners Jefferson County Conservation District Roger Short, Chair Date Jefferson County Conservation District Board ofSupervisors Approved asto form only CONTRACT AGREEMENT Between Jefferson County Conservation District And Jefferson County THIS AGREEMENT ia entered into between the County of Jefferson, emunicipal corporation hereinafter referred uomm"the County", and the Jefferson County Conservation District, hereinafter referred to as "the Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. I Contractor agrees to perform the services, identified on Exhibit "A", Statement of ' Wurm,u`=~`"~d ^~'---, including the provision of all labor, materials, equipment and supplies. 2 ' Develop and/or update farnn uunmenmticm plans: the Contractor will, in furtherance of ufYVmdk,*/orkvvhb|undnvvnermp/idhintheJo�erouoCouo1yC|run�Yuder =°=""^~ '-` Statement cvvnr�Pda{�dcw�ecrvudonp|a�@#th�irtanny The (�nnt�ctorvvi||vvnrkwith Di�zic�r�4m:mt/��m . landowners to develop and implement 8MPmthat improve and/or protect water 4molity on their farms in the first three years o[ the project. /\|lBMpuwi||bedesiguedumdinwiaHsd according to the Natural Resources Conservation Service (NRCS) standards and specifications. The Contractor will collect water qouJirf data at existing and new monitoring do1iomm on streams in the East Jefferson Clean Water Dis1rict, This Agreement shall uommrncuoeon October l,2Vl0 and continues through 3 Time )pmyt��minatedms provided herein. The agreement may be extended beyond September —' u\,/ri��m000m�n�n�t��onntyaodih�(�ontr��or B#ptonuber�U,20l4mpon mutual . 4. - The Contractor mbm|i be paid by the Couu�'for oonnpletedwork and for services nuodcn:d under -� tamfnUm�s' this agreement . 5 ' Payment without express written modification of the agreement signed by the Couoty. Tbc Contractor will provide match funding at 33% tm support activities. This iy projected tnbcunzaxinmummol'$33`8U0. Total project expense shall not exceed $133,00,0. 6 The Con�r»o1er may aubmb invoices tothe County once per month, but not less than quuredy, during the ' progress of the work for work completed to d»¢c . Such invoices will he checked by the County, and upon approval thereof, payment will be made tV the Contractor |n the amount approved. Estimates o[tile deliverables that will bm generated and implemented bv the Contractor are reflected on Exhibit "B" 10 this Agreement, the budget submitted in the application To the U.S. EP8 � Variance in the dehkvsrub|ms generated and implemented by the Contractor from those estime1es will not constitute a breach of these contractual terms. 7 � invoices will include billing period, award arnount, cumulative billed, current amount being invoiced, and remaining balance on §»nms approved by tile County. Receipts, dmoaheeto, and any other documentation vcrifvim8th�\ovoiooumouo1vvi|}hs4�auhedvvho«uubmi�edfbrpuymcnt. \uihm|,hourly ouompensndon ~ representatives Contractor n:0cc1od on Q�xb�bi� ^1l0 "` and those hourly rates for �nupXuy�mo orr�pr� , ~' 6i�c\�ouhumQ�undn:m�imin1b�o�nVnioftbeCoor act mrtbrou�hamttbe ter oofthis rct*sae su ~ |-'p ��ss-fthe hoodycompenyutiunrnduoos1bv�hoComLruc<orthommaximumomuunt /\Brcee«en ' uc�mr 1ov stmb|iabu� �v pmru�ruph 5 above nz ' not hcmsoceded excep(vvith »vriten paymhlotoiho(�ontruu ro , may mutual agreement by all parties To this Agreement, jeffersoncoonty Conservation District Page |of6 8. Final payment ofany balance due tile Contractor o[the total contract price earned will bemmde promptly upon its ascertainment and verification hvthe County after the completion of the work under this agreement and its acceptance by the County. 9. Payment as provided in this section yhuU be [ui| compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary 1m complete the work. lO. The Contractor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County, and, Environmental Protection Agency (EPA), Cora period of six (6) years after final payments, Copies shall be made available upon request. 1l, The Contractor io required toensure that expenses and financial records comply with tile financial guidelines set forth by the E9/\ in40CF5( Part 3l,OMB Circular /\'87, OMB Circular /\'i33. 12. Ownershipind Use of Documents. All d drawings, materials produced 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, 'I'he Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor's endeavors. 13. Contractor mbul|, in performing the services contemplated hy this agreement, faithfully observe and comply with all federal, state, and V000| laws, ordinances and regulations, applicable tothe services 1uhc rendered under this agreement, 14. I.ndemnificatio-n. a. Each party shall defend, indemnify and hold the other party, its officers, officials, employees and volunteers huno)css from any and all oinimum, injuries, damages, losses orsuits including attorney fees, arising out oforin connection with the performance mf this Agreement, except for 'M'urico and damages caused bv the sole negligence ofuparty, h, Should a court of competent jurisdiction determine that this Agreement is subject to RCW then, in the: event nf liability for damages arising out nfbodily injury to persons or damages toproperty caused byor 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 uf the party's negligence. ITim further specifically and expressly understood that the indemnification provided herein constitutes the parties waiver ofimmunity under Industrial insurance, Title 51 RCW, solely for the purposes of this indemnification. 'This vvniverhaa been mutually negotiated by the parties. The provisions of this section mhu|| survive the expiration or termination o[ this Agreement. 15, Insurance. The Contractor shall obtain and keep im force during the terms oC the Agreement, orun otherwise required, the following insurance with companies or through xou#co approved by the State Insurance Commissioner pursuant to 8CW 48.05: m. Worker's Compensation and Employer's Liability Insurance as required by the 3zutc of Washington, b. Commcroiu| Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the porfhrmmamuc of the work for combined single limit ofnot less, than $3,00,000 each occurrence. lh. The Contractor and the County agree that the Contractor ix an: independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement |Oqfcrmn County Conservation District Page of 17 ' 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 bvvirtu�mf the services provided under this ugneeozeot.The (�omnrymbaU not bsn:»pon�b|o ' �nw ntb iye deducting federal income tax or smuiuh security or for contributing to the fbrp/}�hb»|d�n�ur state industrial insurance program, employer otbun*imuumanm�mBdh�duLi��o�unwi1hnusPcctto Contractor, or any employee of Contractor. The Con�mctnr,vvidhregard tm the vvorkperformed hvit under this ugrcerucnt` l8� ��cunduof race, color, national origin, ,digicm,creed, age, sex orthe `w///'^~�°'~~^'''''- handicap i tbu�o|�c�imnundtenti000[crnp|oyeeeorprouurernent presence of any �h�eivai or sensory nm ou� n � of materials or supplies, iwr M The County reserves the d~httmtconin�e this contract in whole or in part, without pr written notice, \o the event that expected or actual funding from any funding source imwithdrawn, n:duoud ` or limited iumn� way u Oo r the ef�ctivcdate of this u&rueaen1 � In the event wf termination under this clause, the County shall hc|jmh(eformn|ypsymentfhruerviceurcnderedphmrtothceffecdvmdpteo[ termination. u. This agreement may also bo terminated um provided below: \. With 30 days notice by the Board of County Commissioners for any reason, or ii. With 30 days notice bythe Board of County Commissioners for non-performance of the specific job duties in Exhibit A. i\\. With 30 days notice hythe Contractor by voluntary resignation. 20. - � �� and the Contractor �r�mt�o��rv�� m c�ocntn 0rm]d�ndu, represents the �cc � entire and integrated ~ smp n It i or negotiations, r��zc�� u� ioms , or agreements written 0r oral. This agreement may beamended only bywritten instrument ei0ncdbybothConntyand Contractor. day of 2011, DATED By oh Austin, chair Juo��v �K-- n 7] o ardofCountyCommimaioocre By (�o- n� m or ti, Jef/erumnutC n om)istrict vu��, � Attested LdJL ^ Clerk of the Board Jefferson CowotyC000ervv=District Page Jmf6 Exhibit A Statement nfWork The project area includes the Clean Water Districts adopted by Jefferson County and Clallam County for shellfish protection undorBCW90.72. The project area extends fr»m the JoOermun-Muocm County line on Hood Canal north and west to the Bagley-Morse Creek divide in Clallam County, encompassing over 3 10 miles of marine shoreline (Map I ), This includes portions of the Hood Canal and the Strait of Juan de Fuca Puget Sound Partnership (YSP)f\cbon 8reum. A. Develop and/or update farm cmmmwrvm1ien p|uuo: The Contractor will work with landowners requesting o new mr updated conservation plan for their farms. These plans will include comprehensive resource inventory, description of resource concerns, and planned actions needed to Correct the reSCUrce concerim Timo|inc—cbrooghoutpr 'eutperiod. B . The Contractor will work with landowners to develop and implement BMPathoA improve and/or protect water quality on their farms in the fireTthree years of the project. All BMPm will be designed and installed according tm the Natural Heeuonceo Coomo'vot[»n Service (NRCS) standards and specifications. 8e|ov* is n list of BMPs proposed for im,plementation and a short description of the water quality protection that each B&JPprovides: • Manure storage strUcture(s) — Safelystore manure and prevent runoff from entering ground and/or nearby surface water. • Drainage vvu1er management — Diverting clean drainage water away from are as heavily used by livestock. 0 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 vvoLcrinA systems (e.g., solar powered water purnpm' 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. Time|ine — throughout the project period. C. Water Quality Monitoring —]CCQ will collect water quality data ut existing and new monitoring stations on streams in the East Jefferson Clean Water District. Streams will hc monitored nn m rotating basis sumu to include as many as possible and will be identified in the Quality Assurance Project Plan (QApp). This data will be used to determine the ctficucyofthe program and odd to hia1uriou| dstmoetm and tocstmb|iah baseline data oum\cuuma not yet monitored, Timeline — water years Oct 2OiI-()ct2012 and Oct. 20[2_ Oct 2013. This "Statement ufWork" mmy be applicable to other contracts distinct from this one, ]cd��vo County Conservation District Page 4of6 Rmmuired �er0hrmnance; ~ Develop and/or update farm �mom ervx1inm plans: work v�o^ rkwith landowners within the Jefferson County C \ean Water District requesting u new »' updated conservation p| em fo r their —�� The Contractor s to develop and implement IMPmtbat improve and/or protect water quality on their farms in the fintthree yeaou of the ^ ' ect.�UBM90 will bo designed and installed according ho the Natural Resources (onosrvuti on Service (NRCS) standards and specifications. \ Subn�kta public outreach plan to the (�ounty`vhiohdescribes moethodythat vvi|lbe enmp|mycdLucontact ' project area residents and inform them mf Contractor programs. (January 2U1\). 2 6ubroitu"^priuridza1ioo`' plan that details how properties and projects vviU be prioritized to maximize ' water quality benefits. (January 2011) 3. Submit plan identifying areas 1m be prioritized. 9|un ix to, he prepared jointly with Jefferson County Pobliulle,0th Water Quality team. i �muoh�� usbc��lm�u�Umv��6vpmp�y: 4� ��oin\ain(om�o n�� =. p`o _,_°, _, • °comTmct , or "attempted contacts" with the property owners; • The priority of the property relative to protection of surface or ground waters, • Whether wfarm oommorvuticm plan was created oramended with the date signed • Best management practices recommended for the property • Best management practices installed on the property • Most proximate water body being protected orimproved Reference to specific properties shall be done in such mvvuy as to protect the privacy and confidentiality of participants, 5 ' Quality Assurance yr 'upt p\au(0APP) �xwater quality monitoring submitted to EPA for approval u minimum of9O days priortosampling. h ' yV0 data for streams in east Jefferson County Clean Water District collected according to OAPn by JCC[> throughout project psrimd and submitted u1 project cnmp|e1ino. Streams to be sampled ohu)\ be identified in the plan. 7 pr�purcundeobnni1uemui'nmnuu] repots (no later than the l5dhof the month fb||op/iogthe end pfthe reporting pero ' \ d�c o the County that details the information recorded in the above spreadsheet, and the m If available, provide results of any water quality testing completed in the vicinity of the project both up and down gradient ofthe project and before and after the project, � Any workshops, mailings or other public outreach activities conducted during the reporting period. 8, Submit a final report to the County no later than September 15, 2014 Exhibit B Budget Personnel and Benefits - $63,938 Travel - $1,600 Supplies - $500 Contractual — implementation of BMP's and Lab fees - $33,962 Jefferson County Conservation District Grand Total $ 100,000,00 Non-Federal Match $33,000 Jefferson County Conservation District Page 6 of 6