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HomeMy WebLinkAbout112414_ca03615 Sheridan Street Port Townsend, WA 98368 www. JeffersonCountyPublicHealth.org Consent Agenda November 3, 2014 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health & Water Quality Director Tami Pokorny, Environmental Health Specialist II DATE: II�sYIlY RE: Agenda Request: Interagency Agreement with Department of Ecology for Washington Conservation Corps (WCC) crew; October 6, 2014 — September 20, 2015; $18,000.00 STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, requests Board approval of the Interagency Agreement with the Department of Ecology for Washington Conservation Corps (WCC); October 6, 2014 — September 20, 2015; $18,000.00. ANALYSIS: This agreement will engage the Washington Conservation Corps (WCC) crew for 6 -weeks to perform an alder release project in the Dosewallips and Duckabush floodplains. The WCC is a unique program created under Chapter 43.220 RCW to engage young people in restoration of Washington's ecosystems. The WA Department of Ecology administers the WCC in partnership with other departments, organizations, and agencies to complete projects with fee - for - service work crews to meet goals associated with the enhancement of water quality, watershed health, fish, wildlife, and habitat restoration (RCW 43.220.045). WCC is financially supported through AmeriCorps. The 5- person crews are trained, equipped, insured, and well - supervised. FISCAL IMPACT: Recreation and Conservation Office project #13 -1221C provides acquisition and restoration funds to support restoration activities on the Dosewallips and Duckabush River floodplains. This contract pays for six weeks of crew -time at a cost of $4,750 each, for a total of $28,500. This is a cost -share program. The amount of funding from the ROC Duckabush Acquisition project is $3,000 per cost -share week. DOE pays $1,750 per cost -share week. There is no impact to the Community Health Environmental Health Developmental Disabilities Water Quality 360 -385 -9400 360- 385 -9444 360 -385 -9401 (fi Always working for a safer and healthier community if) 360 -379 -4487 General Fund. Pollution control facilities are exempt from bid law under Chapter 70.95A RCW, and WCC members are exempt from prevailing wages under Chapter 43.220.070(4) RCW, anc exempted under ]CC 3.55.160 (6). This agreement uses up to $18,000 of the RCO Duckabush Acquisition grant. RECOMMENDATIONS: 3CPH management requests approval of the Interagency Agreement with Department of Ecology for Washington Conservation Corps (WCC) crew; October 6, 2014 — September 20, 2015. REVIEWED BY: Philip Morle` ounty Admi 'strator Date 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org CONTRACT REVIEW FORM F 0 r X CONTRACT WITH: Department of Ecology PaU 1' CONTRACT FOR: Provide WA Conservation Corps members to perform restoration activities in the Duckabush and Dosewallips floodplains COUNTY DE For More Information Contact: Contact Phone #: TERJ:E BcFjjrR 904e0obJ4 TV 6`010 MISSION ERS Jefferson County Public Health Tami Pokorny X498 RETURN TO: Denise Banker RETURN BY: ASAP AMOUNT: PROCESS: ©Exempt from Bid Process ❑ Consultant Selection Process Revenue: ❑ Cooperative Purchase Expenditure: $18,000.00 (for 6 cost -share ❑ Competitive Sealed Bid crew weeks @ $3000.00 per wk.) Funds From: RCO Duckabush ❑ Small Work Roster Floodplain Acquisition Source(s) of Matching Funds: DOE cost -share ❑ Vendor List Bid contribution $10,500.00 ❑ RFP or RFQ 13 Other: Step 1: REVIEW BY RISK Review by: I Date Reviewed j APPROVED FORM ❑ Ret ned for revision (See Comments) Comments: Step 2: REVIEW BY PRO Review by: Date Reviewed: PPROVED AS TO FORM Commen Community Health Environmental Health Developmental Disabilities Water Quality 360 -385 -9400 360 -385 -9444 360- 385 -9401 (f) Always working for a safer and healthier community (f) 360- 379 -4487 Page 1 of 7 Ul PAMI M1ilhl UI ECOLOGY State of Washington IAA NO. WCC -14 -16 -002 INTERAGENCY AGREEMENT (IAA) BETWEEN The State of Washington, Department of ECOLOGY AND Jefferson County THIS AGREEMENT is made and entered into by and between the Department of Ecology, hereinafter referred to as "ECOLOGY ", and Jefferson County hereinafter referred to as the "SPONSOR." IT IS THE PURPOSE OF THIS AGREEMENT to provide Washington Conservation Corps (WCC) members to complete natural resource projects in Jefferson County pursuant to Chapter 43.220 of the Revised Code of Washington. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Both parties agree to do all things necessary for or incidental to the performance of the work set forth in Attachment "A' attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on 10/6/2014 and be completed on 9/20/2015 , unless terminated sooner as provided herein. The WCC Crew and /or WCC Individual Placement corpsmember specified in this agreement will be available to SPONSOR on the dates set forth on the calendar in Attachment "B" attached hereto and incorporated herein. The parties have determined that the cost of accomplishing the work herein will not exceed $18,000 Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. Compensation for service(s) shall be based on the following established rates: The costs reimbursed to Ecology by Sponsor are a cost -share rate. Ecology will provide the remainder of the funding for the projected total cost of $4,750 per 40 -hour workweek for WCC crew labor (cost -share does not apply to food /subsistence). Provided by ECOLOGY Reimbursed to ECOLOGY by SPONSOR Line 1: 6 Cost -Share Crew Week $3,000 /week) $18,000 Line 2: Line 3: Line 4: Total SPONSOR COST $18,000 Above cost Not to be Exceeded The costs reimbursed to Ecology by Sponsor are a cost -share rate. Ecology will provide the remainder of the funding for the projected total cost of $4,750 per 40 -hour workweek for WCC crew labor (cost -share does not apply to food /subsistence). Page 2 of 7 FUNDING AVAILABILITY The obligation of the SPONSOR to provide reimbursements beyond the end fiscal year 2014 is contingent upon appropriation of funds by the SPONSOR's governing body for the specific purpose of funding the project, which is the subject of this Agreement. Upon the failure of such appropriation, the SPONSOR may terminate this Agreement. ECOLOGY's ability to provide cost -share is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the agreement, in whole or part, for convenience or to renegotiate the agreement subject to new funding limitations and conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification restrictions. BILLING PROCEDURE ECOLOGY shall submit invoices with a state invoice voucher (A19 -1A) monthly to the SPONSOR's designated contact person listed under the "Contract Management" section. Payment to ECOLOGY for approved and completed work will be made by warrant or account transfer by SPONSOR within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) 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, federal auditors, and any persons duly authorized by the parties shall have full access 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 party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data, which on inates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by ECOLOGY. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and /or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents o 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 party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 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 these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. Page 3 of 7 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. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. GOVERNANCE This Agreement is entered into pursuant to and 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. In the event of 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 federal and state of Washington statutes, regulations, and rules. 2. Mutually agreed written amendments to this Agreement 3. This Agreement 4. Statement of Work and Budget. 5. Any other provisions of this Agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under is� rg„ee nt unless ess stated to -be such in a writing signed by an authorized representative of the party and attache er€� SEVERABILITY If any provision of this Agreement or any provision of any document incorporated'%6j"4 "`" _ ` such invalidity shall not affect the other provisions of this Agreement which can be gipgn 9#pr4yfiP9h A �iy,y, provision, if such remainder conforms to the requirements of applicable law and the ffun amental purpose offfhis agreement, and to this end the provisions of this Agreement are declared to be severable. INDEMNIFICATION To the fullest extent permitted by law, the Sponsor shall indemnify and hold harmless Ecology (and its officials, agents and employees) from and against all claims arising out of or resulting from the negligent performance of this Contract by the Sponsor. To the fullest extent permitted by law, Ecology shall indemnify and hold harmless the Sponsor (and its officials, agents and employees) from and against all claims arising out of or resulting from the negligent performance of this Contract by Ecology, its officials, agents and employees. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Page 4 of 7 CONTRACT MANAGEMENT The program manager 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. The Contract/Program Manager for ECOLOGY is: Bridget Mason PO Box 47600 Olympia, WA 98504 360 -407 -6516 bridget.mason@ecy.wa.gov The Contract/Program Manager for SPONSOR is: IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington Department of ECOLOGY Signature Printed Name, Title Tami Pokorny 615 Sheridan Street Port Townsend WA 98368 360- 379 -4498 tpokorny @co.jefferson.wa. us SPONSOR Jefferson County Date Signature Amproved 8S iQ fO[lil Prosecutoeowla David Alvarez, Chief Civil DPA Printed Name, Title Date Page 5 of 7 STATEMENT OF WORK ATTACHMENT A Work summary: Restoration Activities: Under direction of Sponsor organization, crew(s) will perform an alder release project in the Dosewallips and Duckabush floodplains. ECOLOGY shall: 1. Provide WCC members for the number of weeks specified in this agreement. 2. In the event of a disaster response deployment, the WCC Program will make every effort to fulfill sponsor program needs, including sending additional members, whenever possible. Invoices will include all activities during the program year including training, community service events, and other activities required by WCC, excluding Emergency Response, if needed. 3. Provide training and development specified in Attachment "B ": eight (8) days of formal WCC member training, a four (4) day Orientation Training, and one (1) day dedicated to MILK Community Service. An eight -day spike will be scheduled on dates to be determined in coordination with the SPONSOR. These dates, along with up to three (3) additional days reserved for meetings, trainings or other events, are dates in which WCC members and supervisors are logging hours, but are unavailable to sponsor to perform project work. 4. Provide a 4-day Assistant Supervisor training to the designated Assistant Supervisor. 5. For crew (s), ECOLOGY agrees to provide a crew of 5 members, a crew supervisor, vehicle, and basic hand tools. 6. Cost -share rates are not based on actual attendance, however, invoices will be reduced for member or supervisor vacancies lasting 20 days or more. SPONSOR shall: 1. Obtain applicable permits as set by local, state, tribal or federal laws and regulations. 2. Provide site orientation for WCC members, specific on -the job task training, and any materials beyond basic hand tools to complete tasks assigned under this Agreement. 3. Help to promote the AmeriCorps and WCC brand name, logo, slogans and phrases. The WCC will provide camera -ready logo upon request. AmeriCorps is a registered service mark of the Corporation for National and Community Service. 4. For a SPONSOR hosting Individual Placement positions, SPONSOR agrees to provide a workstation, email, transportation to and from WCC events (or private mileage reimbursement for personal vehicle use), and day- to -day direction of work activities. 5. For a SPONSOR hosting WCC Crew(s), SPONSOR agrees to provide a secure site to store tools and park crew vehicles as well as desk and internet access for the crew supervisor. Vehicle is not to be used for heavy hauling. The primary use of the crew vehicle is for transportation of crew, tools, and safety equipment. Page 6 of 7 Special Terns and Conditions: A. The assignment of corpsmembers shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. Agencies that participate in the program may not terminate, lay -off, or reduce the working hours of any employee for the purpose of using a corpsmember with available funds. In circumstances where substantial efficiencies or a public purpose may result, participating agencies may use corpsmembers to carry out essential agency work or contractual functions without displacing current employees. B. All state holidays and 3 planning days are non - working days for members. Planning days are to be used by WCC staff /supervisors for planning purposes. C. The WCC standard 40 -hour workweek is Monday through Thursday from 7:OOam to 5:30pm. An alternate work schedule may be arranged with prior approval from the WCC. Prohibited Activities: While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or CNCS, staff and members may not engage in the following activities (see 45 CFR § 2520.65): A. Attempting to influence legislation; B. Organizing or engaging in protests, petitions, boycotts, or strikes; C. Assisting, promoting, or deterring union organizing; D. Impairing existing contracts for services or collective bargaining agreements; E. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; F. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; G. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; H. Providing a direct benefit to— I . A business organized for profit; 11. A labor union; III. A partisan political organization; IV. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and V. An organization engaged in the religious activities described in paragraph 3.g. above, unless CNCS assistance is not used to support those religious activities; I . Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; J. Providing abortion services or referrals for receipt of such services; and K. Such other activities as CNCS may prohibit. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non- AmeriCorps time, and using non -CNCS funds. Individuals should not wear the AmeriCorps logo while doing so. Page 7 of 7 WCC CALENDAR ATTACHMENT B 2014 -2015 WCC Events Calendar Itl NF ©o ©oo ©© 131 I I I I 'ijl V ©"KAOO© Ho16teP lPalarMll-0ry 011 ©o AIll.11AI ©oo ©© `1 P I F+.IP.1P ©o ©oo ©© StM Oete too �mmmmoom ,., ©[o : ©oo mmm OM�aatlm mm.n s�000: TBD CYLrbf peeeMMrtive ll dyl * Peyd7 AEao cam ♦ PrPliGim CUe mmmmmo© Members' Potential Hours wtaw tro moEa�ao 1A to Pwrwy ©o -------------- I Apt 10 aoQSa000 �m[�a mmm 0:27mmm mmm 17 mmo Ax Im M' 1A Aye[ 1PO [mAmmmmm Oct 6Sep 17: 111!0 Oct 4Mer 31: 410 Apr 1 - Sep 17: 9tl iS- Sap 17: 530 1)NJMI/nrrlYPll, p,a0a151AnvP POOAaram6Yren J7,aR C9AnW PGVAasneieaan, it,P?S 61AerE a5anaraeaeree. i,aPS Ea Arrtl A3A�[¢7pm� WCC NbA Weak (JO MUrsJ u MnlaY -SUMVY miF�Ol�I■�0� [Er1QOtl��� Imo���� The specified end date shown (09/1712015) may be extended to 09/2012015 if the mutually agreed upon work schedule extends through Sunday. 131 I I I I I Ho16teP lPalarMll-0ry 011 1'T.0 PtsemOltten'Uers 01O 6MDW M,T.y ) Fitl hle A Hooter POPSM StM Oete ,. u�`. A>Sbtaa AgerMaTrenit neeM.Tr+ft- ek3 SpNe Crew EM CWe OrnsAeepP OM�aatlm Wl( /Hdkley (MrnEer $erVk OeN T 5apwvbv Peha9ar Tr-ft TBD CYLrbf peeeMMrtive ll dyl * Peyd7 Pledhe n.mpweexl TOD '+Paa (9aeyaCaMYU�ememEevaeael ♦ PrPliGim CUe Members' Potential Hours wtaw tro [meaner 1A mte.as 1A to Pwrwy -------------- I Apt 10 t5o tso Ax Im M' 1A Aye[ 1PO SepEWaP 1W Oct 6Sep 17: 111!0 Oct 4Mer 31: 410 Apr 1 - Sep 17: 9tl iS- Sap 17: 530 1)NJMI/nrrlYPll, p,a0a151AnvP POOAaram6Yren J7,aR C9AnW PGVAasneieaan, it,P?S 61AerE a5anaraeaeree. i,aPS Ea Arrtl WCC NbA Weak (JO MUrsJ u MnlaY -SUMVY The specified end date shown (09/1712015) may be extended to 09/2012015 if the mutually agreed upon work schedule extends through Sunday.