HomeMy WebLinkAbout102014_ca05Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director�s� /
Agenda Date: October 20, 2014
Subject: DNR Urban Forestry Program Interlocal Agreement
Statement of Issue:
The parks and recreation division has applied for and achieved a partnership with the
DNR Urban Forestry Program to improve forest conditions at Irondale Beach Park,
Trailhead Park, and Courthouse Park. The program requires an interlocal agreement
between the DNR and Jefferson County.
Analysis /Strategic Goals /Pro's ft Con's:
The program will improve the park and habitat values of each park in the short and
long term.
Fiscal Impact /Cost Benefit Analysis:
The agreement requires the Parks and Recreation Division to complete certain task
such as public relations, reporting of project completion, creation of a three year
management plan and implementing an annual monitoring program among other
things. These tasks can be completed by the manager in the course of his normal
duties.
Recommendation:
Sign all three copies of the agreement and return two to the Public Works Department
Department Contact: Matt Tyler
Reviewed By:
134 Morley „Conn Administrator Date
WASHINGTON STATE DEPARTMENTOF
Natural Resources
PETER GOLDMARK- ,1,11,1 rn..i I r &?,
INTERAGENCY AGREEMENT AGREEMENT
WITH THE JEFFERSON COUNTY PARKS DEPARTMENT
Agreement No. IAA 15 -50
This Agreement is between the Jefferson County Parks Department, referred to as the County,
and the Washington State Department of Natural Resources Urban and Community Forestry
Program, referred to as DNR.
DNR is under authority of RCW Chapter 43.30 of Washington State, Department of Natural
Resources. DNR and the Jefferson County Parks Department enter into this agreement under
Chapter 39.34, Interlocal Cooperation Act.
The purpose of this Agreement is to provide a Puget SoundCorps (SoundCorps) crew for urban
forestry maintenance and restoration tasks in Jefferson County. SoundCorps is part of the broader
Washington Conservation Corps /AmeriCorps program administered by Washington Dept. of
Ecology. SoundCorps crews work on projects that help restore and protect water quality in Puget
Sound.
IT IS MUTUALLY AGREED THAT:
1.01 Statement of Work. DNR shall furnish SoundCorps crews and the County shall provide
all materials and services, pertinent to performing work set forth in the Attachment A.
2.01 Period of Performance. The period of performance of this Agreement shall be from
October 1, 2014, to September 30, 2015, unless terminated sooner as provided herein. Both
parties agree that DNR will provide the County one (1) calendar month of crew work within the
period of performance.
3.01 Payment. DNR provides the services of the SoundCorps crew in exchange for the
County's matching commitment to the project as described in Attachment B.
6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be
`works for hire' as defined by the U.S. Copyright Act of 1976 and shall be owned by DNR and
the County. Data shall include, but not be limited to, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
1 of 6 Agreement No. 1AA 15-50—revised
sound reproductions. Ownership includes the right to use, copyright, patent, register and the
ability to transfer these rights.
7.01 Independent Capacity. The employees or agents of each party who are engaged in
performing 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.
8.01 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.
9.01 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.
10.01 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.
11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each
party to this agreement shall appoint a member to the dispute board. These board members shall
jointly appoint an additional member to the dispute board. The dispute board shall evaluate the
facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute
board's determination shall be final and binding on the parties. As an alternative to the dispute
board, either of the parties may request intervention by the Governor, as provided by RCW
43.17.330. In this case, the Governor's process will control the dispute resolution.
12.01 Governance. This contract is entered into 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, 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.
13.01 Assignment. The work to be provided under this Agreement and any claim arising from
this agreement can not be assigned or delegated in whole or in part by either party, without the
express prior written consent of the other party. Neither party shall unreasonably withhold
consent.
2 of 6 Agreement No. IAA 15- 50_revised
14.01. 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 his agreement.
15.01 Severability. The provisions of this agreement are severable. If any provision of this
Agreement or any provision of any document incorporated by reference should be held invalid,
the other provisions of this Agreement without the invalid provision remain valid.
16.01 Indemnification. Each party to this agreement (hereinafter "the Indemnitor ") shall
indemnify, defend and hold harmless the other party to this Agreement, including the officers,
agents, representatives and employees of the other party, collectively "the Indemnitee," from and
against any and all claims, lawsuits, demands for money damages, losses or liability, or any
portion thereof, including attorney's fees and costs, arising from any injury to person or persons
(including the death or injury of the indemnitee or the Indemnitee's officers, agents,
representatives and employees) if said injury or damage was caused by the negligent acts or
omissions of the Indmenitor or its officers, agents, employees or representatives.
17.01 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.
18.01 Contract Management. The Project Coordinator for each of the parties shall be the
contact person for this agreement. All communications and billings will be sent to the project
coordinator.
19.01 Project Coordinators.
(1) The Project Coordinator for the Jefferson County Parks Department is Matthew
Tyler, Telephone Number (360) 379 -4021.
(2) The Project Coordinator for DNR is Micki McNaughton, Telephone Number
(360) 902 -1637.
3 of 6 Agreement No. IAA 15-50—revised
I
IN WITNESS WHEREOF, the parties have executed this Agreement.
Dated:
JEFFERSON COUNTY PARKS DEPARTMENT
20_ By: _
Title: —
Address:
Zje ovea t° f° 3 �y
n s Office
ff e Co.4roaec
David Alvarez+
Chief Civil DPA
Dated:
Interagency Agreement
Approved as to Form 9/29/97
By the Assistant Attorney General
State of Washington
20
Phone:
IN
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Albert A. Kassel
Title: Resource Protection Division Manager
Address: 1111 Washington Street SE
MS 47037
Olympia, Washington 98504 -7037
4 of 6 Agreement No. IAA 15-50—revised
INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE, DEPARTMENT OF NATURAL
RESOURCES, DNR, AND THE JEFFERSON COUNTY PARKS DEPARTMENT
Agreement No. IAA 15 -50
IN WITNESS WHEREOF, the parties have executed this agreement
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member
Approved as to form only this
day of , 20
David Alvarez
Deputy Prosecuting Attorney
Monte Rein e , Date
Public Works Director /County Engineer
County Signature Page
Attachment A
STATEMENT OF WORK
DNR will sponsor a Puget SoundCorps (SoundCorps) crew to assist with urban forest restoration
and maintenance tasks in Jefferson County. Each restoration project location will include baseline
mapping of the site, to be included in a DNR report to the County. Local projects must be on public
property, and work performed by the crews may not replace workers already in place or contracted
for.
Project locations and activities in Jefferson County include:
• Irondale Beach Park, 562 Moore St. Remove non - native invasive plant species from forest
and existing restoration site.
• Cape George Trailhead Park, Cape George Road. Restoration thinning; remove non - native
invasive plant species from forest.
• Courthouse Park, 1820 Jefferson St., Port Townsend. Structural and corrective pruning of
landscape trees on Courthouse grounds.
• Other sites and/or locations as agreed by the County's Project Coordinator and the DNR
Project Coordinator. Tasks and activities assigned must pertain to restoring the ecological
health and functionality of the urban forest on the site or location.
Puget SoundCorps (SoundCorps) and Washington Conservation Corps (WCC) crews are covered by
Dept. of Ecology insurance through Labor and Industries while working on project sites and
traveling to work locations.
SoundCorps crews are responsible for the maintenance and repair of any equipment provided by
SoundCorps, WCC and /or Dept. of Ecology.
The County is responsible for the maintenance and repair of any equipment provided by the County
and used by the SoundCorps crew under the direction of County staff.
5 of 6 Agreement No. IAA 15-50—revised
Attachment B
PROJECT COMMITMENT MATCH
DNR will provide the following items to the County for urban forestry restoration projects that
receive assistance under the Urban Forest Restoration Project:
• News release template to assist in building public awareness and event marketing.
• Crews to remove and/or control invasive plant material and complete related restoration
tasks including installation of plant materials.
• Report that includes a description of the project and the work accomplished.
• Template for three -year management plan.
• Template for annual monitoring report.
The County commits to the following items in consideration for the services of the DNR- sponsored
crew:
• Post news releases in advance of the event.
• Acquire any permits necessary for project work.
• Assist with volunteer registration, sign -in and wavers at restoration events.
Please have photo releases available for volunteers under 18 years of age.
• Dispose of plant material removed during project activities (English ivy vines, blackberry
canes, etc.).
• Provide any and all plant materials required for project completion.
• Develop and implement a three -year maintenance plan for the project site, to include annual
monitoring.
• Report monitoring results to the DNR Urban and Community Forestry Program annually for
three years.
6 of 6 Agreement No. IAA 15- 50_revised