HomeMy WebLinkAbout092115_ca04i
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615 Sheridan Street
Port Townsend, WA 98368
www .JeffersonCountyPublicHealfh.org
Consent Agenda
September 14, 2015
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jean Baldwin, Director ++,
DATE: �—* y d I JV
SUBJECT: Agenda Item — Interagency Agreement between Washington State
Employment Security Department and Jefferson County for Jefferson
County Accessible Community Advisory (ACAC) Committee to provide
residents with disabilities the opportunity to eliminate barriers; upon
signature — August 31, 2016; $24,165.53
STATEMENT OF ISSUE:
Jefferson County Public Health, Developmental Disabilities, wishes to enter into an interagency contract by accepting
grant funds from the State's Employment Security Department. The interagency agreement begins upon signature and
ends August 31, 2016. $24,165.53
ANALYSIS/ STRATEGIC GOALS /PRO'S and CON'S:
Jefferson County Public Health, Developmental Disabilities, contracts with Washington State Employment Security
Department to provide opportunity to increase disability awareness and accessibility to county residents. This
agreement provides counties, through the Accessible Communities Act, funds to provide residents with disabilities the
opportunity to eliminate barriers. Through the legislation, counties have the opportunity to form Accessible
Community Advisory Committees (ACAC) and develop projects in their communities that furnish equipment, materials
and /or services for printing, outreach, improving beach access, sponsor a movie festival, and host a reception for
actors and ACAC members.
FISCAL IMPACT /COST BENEFIT ANALYSIS:
This is a grant funded project that is budget neutral and has no impact on the general fund.
RECOMMENDATION:
JCPH management request approval of the Interagency Agreement with Washington State Employment Security
Department for Jefferson County accessible Community Advisory (ACAC) Committee; upon signature — August 31,
2016; $24,165.53.
slip Morley Ad y' or Date
Community Health Environmental Health
Developmental Disabilities water Quality
360 - 385 -9400 360- 385 -9444
360- 385 -9401 (f) Always working for a safer and heafthfer community (f) 360- 379 -4487
ESD Agreement No. K4158
Other party Agreement No.
INTERAGENCY AGREEMENT
BETWEEN
WASHINGTON STATE
EMPLOYMENT SECURITY DEPARTMENT
AND
JEFFERSON COUNTY, WASHINGTON
1. INTRODUCTION
This Agreement, pursuant to Chapter 39.34 Revised Code of Washington (RCW), is
made and entered into by and between the Employment Security Department,
hereinafter referred to as "ESD ", and the Jefferson County Accessible Community
Advisory Committee, hereinafter referred to as "County ".
2. RESPONSIBILITY
The County staff member responsible for management of this Contract is:
Name: Anna McEnery
Title: Developmental Disabilities Coordinator
Telephone Number: 360- 385 -9410
FAX Number: xxx -xxx -xxxx
E -mail Address: AMcEnery@co.jefferson.wa.us
The ESD Program Manager responsible for the management of this Contract is:
Name: Deborah Himes
Title: Program Coordinator 3
Telephone Number: 360 - 902 -9362
FAX Number: 360 - 586 -4600
E -mail Address: dhimesAesd.wa.gov
It is the purpose of this Agreement to provide counties the opportunity to participate
in the Accessible Communities Act. The Legislature found that Washington State
provide residents with disabilities the opportunity to eliminate barriers. Through this
legislation, counties have the opportunity to form Accessible Community Advisory
Committees (ACAC) and develop projects in their communities that will increase the
disability awareness and accessibility of the County. Once these projects are
developed and approved by the Governor's Committee on Disability Issues (GCDE),
counties can receive funds to carry out these projects.
3. STATEMENT OF WORK
County shall furnish the necessary personnel, equipment, material and /or services
and otherwise do all things necessary for or incidental to the performance of the work
set forth in Attachment A, Statement of Work, attached hereto and incorporated
herein.
4. PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall
commence on Contract Signing, and be completed on August 31, 2016, unless
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ESD Agreement No. K4158
Other party Agreement No.
terminated sooner as provided herein.
5. COMPENSATION
Compensation for the work provided in accordance with this Agreement has been
established under the terms of RCW 39.34.130. The parties have estimated that the
cost of accomplishing the work herein will not exceed $24, 165.53 (see Budget
Narrative, Exhibit B). Payment for satisfactory performance of the work shall not
exceed this amount unless the parties mutually agree in writing to a higher amount
prior to the commencement of any work which will cause the maximum payment to be
exceeded.
6. BILLING PROCEDURE
The County shall submit invoices to ESD, at the completion of each project with a
progress report. Payment for approved and completed work will be made by warrant
or account transfer by ESD within 30 days of receipt of the invoice. Upon expiration of
this 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.
7. DUPLICATION OF BILLED COSTS
County shall not bill ESD for costs if County is being paid by another funding source
for these same costs.
8. RECORDS MAINTENANCE
a. The parties to this Agreement shall each maintain books, records, documents and
other evidence which sufficiently and properly reflect all direct and indirect costs
expended by either party in the performance of the services 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.
b. 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 partywill utilize reasonable
security procedures and protections to assure that records and documents
provided by the other party are not erroneously disclosed to third parties.
9. RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be "works
for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by ESD.
Data shall include, but not be limited to, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films,
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ESD Agreement No. K4158
Other party Agreement No.
tapes, and /or sound reproductions. Ownership includes the right to copyright, patent,
register, and the ability to transfer these rights.
10. INDEPENDENT CAPACITY
The employees or agents of 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.
11.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.
12. INDEMNIFICATION
Each party to this Agreement shall be responsible for its own acts and/or omissions
and those of its officers, employees or agents. No party to this Agreement shall be
responsible for the acts and /or omissions of entities or individuals not a party to this
Agreement.
13.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.
14.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.
15. TERMINATION FOR FUNDING REASONS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited
in any way after the effective date of this Agreement and prior to normal completion, the
affected party may unilaterally terminate this Agreement. Written notification of
termination shall be mailed return receipt requested. Such action is effective upon receipt
of the written notification.
16. SUSPENSION FOR CONVENIENCE
The Department shall, at its own convenience, have the right to order the Services of
Contractor, or any of its Subcontractors or suppliers fully or partially stopped for a
period of up to 30 consecutive days. Contractor shall receive Notice of the reasons for
such an order. The Schedule shall be delayed on a day - for -day basis if the Department
has issued a stop work order to Contractor and such stop work order is causing delays
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ESD Agreement No. K4158
Other party Agreement No.
in completing Services in accordance with the Schedule. Contractor shall have the
right to submit claims as a result of stop work orders issued under this Section.
17. DISPUTES
Except as otherwise provided in this Agreement, when a dispute arises between the
parties and it cannot be resolved by direct negotiation, the parties agree to participate
in mediation in good faith. The mediator shall be chosen by agreement of the parties.
If the parties cannot agree on a mediator, the parties shall use a mediation service
that selects the mediator for the parties. Nothing in this Agreement shall be construed
to limit the parties' choice of a mutually acceptable alternative resolution method such
as a disputes hearing, a Dispute Resolution Board, or arbitration. 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.
18.10OVERNANCE
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:
a. Applicable state and federal statutes and rules;
b. Statement of Work; and
c. Any other provisions of the Agreement, including materials incorporated by
reference.
19. DEBARMENT AND SUSPENSION
By executing this Agreement, County certifies that it is not debarred, suspended or
otherwise excluded from or ineligible for participation in Federal Assistance Programs
under Executive Order 12549 "Debarment and Suspension ". County certifies that it will
not contract with a subcontractor that is debarred or suspended.
20.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.
21. 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 this Agreement, unless stated to be such in a writing signed by
an authorized representative of the parry and attached ,to the original Agreement.
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ESD Agreement No. K4158
Other party Agreement No.
22. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of
this Agreement which can be given effect without the invalid provision, if such
remainder conforms to the requirements of applicable law and the fundamental
purpose of this Agreement, and to this end the provisions of this Agreement are
declared to be severable.
23. USE AND DISCLOSURE OF INFORMATION
County shall not disclose or misuse any private and confidential information obtained
under this Agreement unless the disclosure is authorized by law and directly
connected to the official purpose for which the information was obtained. The misuse
or unauthorized release of private and confidential information shall subject County,
its employees or agents to a civil penalty of five thousand dollars ($5,000) and other
applicable sanctions under state and federal law.
24.AGREEMENT 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.
25.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.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Washington State
Employment Security Department
(Ron Marshall
By
Assistant Commissioner
Title
Siggnatur�hho c
Date
Exhibit A
Exhibit B
Exhibit C
Statement of Work
Budget Narrative
Schedule of Work
Revised November 2010 Page 5 of 5
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David Sullivan
By (print name)
Jefferson County Commissioner
Title
Date
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David Alvarez, xe
Chief Civil PA
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Exhibit A
ESD Contract No. K4158
JEFFERSON COUNTY
ACCESSIBLE COMMUNITY ADVISORY COMMITTEE (ACAC)
PROPOSAL FOR VARIOUS COMMUNITY PROJECTS
STATEMENT OF WORK
The Jefferson County Accessible Community Advisory (ACAC) is requesting
funding from the Governor's Committee on Disability Issues and Employment to
provide updated access materials, develop new materials; improve beach access for
people with disabilities at the Fort Worden State Park, sponsor a Port Townsend
Movie Festival, show the movie "Where's Molly," and host a reception for actors and
ACAC members:
• Printing & update of People 1 I rack cards that highlight respectful language
when speaking about persons with disabilities, distribute to businesses,
medical offices, agencies and service organization;
• Printing & update of Gatekeeper Outreach rack cards that highlight changes
in a person's behavior that may indicate the need for a consultation with a
resource professional, distribute to businesses, medical facilities, restaurants
and hotels;
• Update and print the "Emergency Preparedness for the Medically Fragile"
brochure and purchase (6) acrylic tri -fold brochure holders to place around
the county;
• Develop a brochure to explain the differences, rights and uses of a service
animal, emotional support animal or therapy animal; distribute to the business
community, schools and other institutions;
Disability Awareness Starts Here (DASH)
Update the Accessible Jefferson County Cultural Venues Guide listing fully
accessible cultural venues evaluated by members using ADA Guidelines; and
develop a corresponding map of the area;
Update the DASH Accessible Jefferson County Restaurants Guide and map
using the ADA guidelines; members will do the accessibility evaluations to
verify map content; qualified accessible restaurants will get a window sticker
that states "Fully Accessible Restaurant;"
Update and develop new content of the dormant DASH website for Jefferson
County. Committee members will be involved in this existing project and
posting of the online version.
Port Townsend Film Festival
Accessible Community Act Project Plan
Project Plan
Title: Brochure to define Contact: Anna McEnery
what is a service 615 Sheridan St.
animal Port Townsend, WA 98368
360- 3859410
Project Description: Creation and distribution of a triple -fold brochure to explain the differences,
rights and uses of a service animal, emotional support animal or therapy animal.
Much confusion exists as to the definitions of a service dog, animal, emotional support dog or therapy
dog or animal. Persons that utilize a service dog to assist them with activities of daily living or to warn of
impending medical conditions have a legal right for that animal to accompany them wherever they go.
Persons with service animals are sometimes denied access to business because the need is not obvious
but some persons with pet animals righteously proclaim they are an essential support animal when they
are not. Some institutions, such as schools, nursing homes, jails or juvenile courts could benefit from
therapy animals, but are unclear on the benefits and guidelines.
Benefits:
The information when distributed around the area may provide persons
with service animals, especially those where the disability is not obvious,
to be better accepted in business and lodging. Businesses have a better
idea of how they may clarify whether the animal is a service animal and
their rights and obligations when a service animal is disruptive to their
business. Schools and other institutions and organizations may recognize
when a therapy dog may be a useful partner for their services.
Objectives:
Increase awareness of the definitions and privileges of the service,
emotional support and therapy dog or animal.
Print and distribute 2000 brochures to business, restaurants and hotels
within Jefferson County. They would be available at nursing homes,
courts and places where pet owners congregate, dog parks, pet stores,
Human Society Shelter or veterinarian offices.
Deliverables:
Volunteers will distribute brochures as soon as printed.
Success Criteria:
Volunteers will visit places where brochures were placed to check on
numbers of brochures removed and the need for replacement.
Businesses will be asked as to their concerns and whether they know the
definitions and their rights and responsibilities.
Resources Required:
Printing: approximately $208.00 plus tax for a camera ready trifold
brochure. (Printed in black on both sides and cut.)
Potential Partners:
Olympic Pet Partners, Humane Society, dog training professionals.
Potential Concerns
Persons with pets that feel their animal fits the criteria of a service
dog /animal but do not assist the person according to the legal definition
may have some issues.
Accessible Community Act Project Plan
Project Plan
Title: To Participate in the Contact: Anna McEnery
Port Townsend 615 Sheridan St.
Movie Festival Port Townsend, WA 98368
360 - 385 -9410
Project Description: To provide financial support to help bring one actor with a developmental
disability and two director /producers to the Port Townsend Movie Festival that will be held on September
25, 26. & 27 2015 and to provide and a small reception with community members, (who are part of or
interested in the field of Developmental Disabilities). The actor /producers are involved with the
documentary film called Becoming Bulletproof
Benefits:
In collaboration with the Port Townsend Film Festival we are sponsoring a
movie called Becoming Bulletproof, by helping to fund part of the travel for one
actor with a developmental disability and two director /producers of the film and
a small reception with community members, who are part of or interested in the
field of Developmental Disabilities. They will attend the PT Film Festival that will
occur during September 26 -27th of this year and speak about the movie.
The movie Becoming Bulletproof, is a documentary about a camp in
Vermont where people with disabilities can make movies. Becoming Bulletproof
is about the making of rip- roaring Western starring individuals with disabilities,
how "four very different people with disabilities from across America take on
leading roles in an ambitious indie film production.
Becoming Bulletproof, is the brainchild of brothers Will and Pete Halby
from Vermont, who run an annual film camp in Venice Beach, California.
"Becoming Bulletproof is a film about striving to become a full human being
through artistic endeavor and raises important questions about the exclusion and
marginalization of people with disabilities from our wider culture. In this film
we see that disability is not the story of someone else: it is our story, of who we
are or may become."
The focus of the Accessible Communities Advisory Committee is to fund
projects that will continue to raise awareness and acceptance of people with
disabilities in Jefferson County, with a focus on education, access and barrier
removal -- This movie and the reception reaches & embraces those benefits.
Objectives:
Partner with the Port Townsend Film Festival as a sponsor to show the film
called Being Bulletproof, as well as meet one of the actors who has a disability
and two director /producers of the film: has the ability to raise awareness and
acceptance of people with disabilities in Jefferson County, with a focus on
education, access and barrier removal --- There is power in the presentation of
film. Film has the capability to change minds and to influence lives.
Deliverables:
To help to fund part of the travel for one actor with a developmental disability
who starred in the film two Producers of the movie as well as fund a small
reception for the actor and director /producers at Silverwater Cafe with
community members who are part of or interested in the field of Developmental
Disabilities.
Success Criteria:
The movie and reception is well attended and raises awareness and acceptance
of people with disabilities in our community and beyond.
Resources
Cost to help bring one actor and two director /producers to Port Townsend and
Required:
a small reception for a total of $1,250.
Potential Partners:
The Port Townsend Film Festival is our primary partner in this endeavour.
Potential Concerns
NLA
Project Group
Anna Mc Enery and
Outside Partner
Janette Force, Executive Director of
Members:
Sue Ammeter
Representatives:
the Port Townsend Film Festival
Accessible Community Act Project Plan
Project Plan
Title: To Show a Movie on Contact: Anna McEnery
Disability, in Jefferson 615 Sheridan St.
County Port Townsend, WA 98368
360 -385 -9410
Project Description: Purchase and show the Movie Where's Molly? in October 2015, (date to be set)
which is National Disability Employment Month at the local Rose Theatre, (which needs to be rented).
Bring Jeff & Cindy Daly, (brother of Molly & his wife, also the producers) to Port Townsend and to speak
before and /or after the movie.
Benefits:
Where's Molly is a question that Jeff Daly, (Molly's brother) has been
asking since he was 6 years old, when his sister Molly, (almost 3 yrs. old)
silently disappeared never to come home again. While his parents refused
to talk about Molly, Jeff was left to wonder and to mourn the sudden and
demystifying loss of his only sister. Now, 47 years later, Jeff finally
discovered the family secret that kept him from his sister.
We hope to have Jeff Daly & his wife Cindy, the producers of the
film, brother & sister -in -law of Molly attend the showing to speak about
the making of the movie and Molly.
The focus of the Accessible Communities Advisory Committee is to
fund projects that will continue to raise awareness and acceptance of
people with disabilities in Jefferson County, with a focus on education,
access and barrier removal -- This movie reaches & embraces those assets.
Objectives:
To partner with the Port Townsend Film Festival and the Rose Theatre to
show a film that can raise awareness and acceptance of people with
disabilities in Jefferson County, with a focus on education, access and
barrier removal -- There is power in the presentation of film. Film has the
capability to change minds and to influence lives.
Deliverables:
To purchase and show the Movie Where's Molly? in October 2015 at the
Rose Theatre. To bring Jeff & Cindy Daly, (brother of Molly & his wife,
also the producers) to Port Townsend.
Success Criteria:
The movie will be well attended and will raise awareness and acceptance
of people with disabilities in our community and beyond.
Resources Required:
Cost of Theatre Rental: $525_
Cost of film: $125
Cost to accommodate the Daly's for two nights: $207.10
Cost of Food for two days for the Daly's: $122.00
Newspaper Ads: $335
TOTAL: $1,314.10
Potential Partners:
The Port Townsend Film Festival is our primary partner in this endeavour
when it comes to marketing. The Committee members are in charge of
purchasing the film, renting the Theatre, obtaining accommodations for the
Daly's,
Potential Concerns
Project Group
Anna Mc Enery and
Outside Partner
Janette Force, Executive Director of
Members:
Sue Ammeter
Representatives:
the Port Townsend Film Festival and
Rocky, owner of the Rose Theatre.
Accessible Community Act Project Plan
Project Plan
Title: Beach wheelchair Contact: Anna McEnery
and walker for the 615 Sheridan St.
Fort Worden Port Townsend, WA 98368
360 - 385 -9410
amchenry county_.jefferson.wa.us
Project Description: Purchase of 1 beach wheelchair and 1 beach walker for placement/management
at Fort Worden State Park PDA which will provide accessibility to more than 2 miles of public beach for
people with physical disabilities and other conditions that make walking on the beach unsafe or
impossible. If demand requires, an additional beach wheelchair will be purchased.
Benefits:
Community members and visitors to Port Townsend with disabilities will
be able to enjoy the beach and water with friends and family. People will
be able to explore the beach environment all along the beach
encompassing Fort Worden.
objectives:
To partner with the Fort Worden PDA in creating beach accessibility. The
wheelchairs purchased through this project will be managed and
maintained by Fort Worden PDA and is in step with the Governor's Blue
Ribbon Taskforce on Parks and Recreation to increase outdoor recreation
opportunity for Washingtonians.
Deliverables:
Up to 2 beach accessible wheelchair, 1 beach walker, signage directing
eo le to wheelchairs.
Success Criteria:
Fort Worden State Park will maintain checkout of equipment with
comments. Committee will review that document after six months.
Resources Required:
Committee members will research and determine best
wheelchairs /walkers for the Fort Worden State Park beach and will then
purchase 1 of each (2 hours). Committee members will meet with Fort
Worden PDA staff to ensure facilities and personnel are available and able
to manage and care for equipment (1 hour). Committee members will
transfer equipment to PDA staff (1 hour). PDA staff will manage use and
maintenance of equipment (ongoing). Committee members will check in
with the PDA staff to insure chair and walker are maintained and
accessible for use (monthly for 1 year)
Cost of wheelchair /walker: $6645.00
Cost of signage /advertising: $500
Cost of shipping: $420
Total: $7565
Potential Partners:
Fort Worden PDA is primary partner and will maintain the chairs and
insure that the chairs are accessible. They will create a system for
checking out the chairs and keeping them safe and in good condition.
The committee members will work with the PDA to create signage that
will inform people about the chairs and direct them to the checkout area.
The PDA and the committee will put a notice in the paper announcing the
arrival and availability of the wheelchairs.
Potential Concerns
Demand for eouipment exceeds availability: One wheelchair and one
walker will be purchased initially.
Accessible Community Act Project Plan
Committee members will track usage and if there is a
demonstrated need from data collected. for other wheelchairs
and walkers, committee will apply for funding to purchase an
additional chair /walker.
Equipment not maintained and thus not available for use: Committee
members will check on the equipment monthly for one year to insure
PDA has a system for maintenance and equipment is in good shape.
Project Group
Members:
Kim Rafferty, Travis
Rowland committee
members
Outside Partner
Representatives:
Dave Robison
Fort Worden State Park PDA
Executive Director