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HomeMy WebLinkAbout101215_ca09Department 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 Agenda Date: October 12, 2015 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 Et Con's: The program will improve the park and habitat values of each park in the short and longterm. 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: P Hip Mort County Ad — rator Date fib v WASHINGTON STATE OEPARTMENTOF Natural Resources PETER GOLDMARR- - .nn�,sr. -i ;+c,r h, U117e INTERAGENCY AGREEMENT WITH JEFFERSON COUNTY PARKS AND RECREATION Agreement No. IAA 16 -53 This Agreement is between Jefferson County Parks and Recreation, 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 Jefferson County Parks and Recreation 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 the County. SoundCorps is part of the broader Washington Conservation Corps /AmeriCorps program administered by Washington State 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 a SoundCorps crew 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, 2015, to June 30, 2019, unless terminated sooner as provided herein. Both parties agree that DNR will provide the County four (4) weeks of crew work between October 1, 2015 and March 30, 2016. 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 A. 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 equally 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. IAA 16-53—Jefferson Co. Parks & Rec i 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. 1AA 16-53—Jefferson Co. Parks & Rec 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 Indemnitor 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 County is Matt Tyler, Telephone Number (360) 385 -9129. (2) The Project Coordinator for DNR is Micki McNaughton, Telephone Number (360) 902 -1637. 3 of 6 Agreement No. IAA 16-53—Jefferson Co. Parks & Rec IN WITNESS WHEREOF, the parties have executed this Agreement. JEFFERSON COUNTY2AR.I5 AND RECREATION Dated: - ✓ 201 By: Title: Address:"-, 514,'W , z-/ Phone: ('53&6 16 �& d Dated: 920 By: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Robert W. Johnson Title: Resource Protection Division Manager Address: 111 I Washington Street SE MS 47037 Olympia, Washington 98504 -7037 4jjefferson d gcaasos f orm o 1y Interagency Agreement Approved as to Form 9/29/97 By the Assistant Attorney General State of Washington o. Prosecu s O fIce David arez, Chie ivil DPA 4 of 6 Agreement No. IAA 16-53—Jefferson Co. Parks & Rec Attachment A STATEMENT OF WORK DNR will provide the following to the County for projects that receive assistance under the Urban Forest Restoration Project: • Template for media release to assist in building public awareness of crew work. • SoundCorps crew time to perform urban forestry maintenance and restoration tasks as outlined below: • 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. • Report that includes a description of the project and the work accomplished. • Template for three -year maintenance and monitoring plan. • Template for annual monitoring report. Local projects must be on public property, and work performed by the crew may not replace workers already in place or contracted. SoundCorps crews are covered by Washington State Dept. of Ecology (Ecology) insurance through Washington State Dept. of Labor and Industries (L & I) while working on project sites and traveling to and from work locations. SoundCorps crews are responsible for the maintenance and repair of any equipment provided by SoundCorps and/or 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. The County commits to the following in consideration for the services of the DNR- sponsored crew: • Post media releases in advance of and/or during the crew's time with the County. • Acquire any permits necessary for project work. • Dispose of materials removed during project activities (English ivy vines, blackberry canes, trash, etc.). • Provide any and all materials required for project completion (plants, mulch, herbicide, staking materials, etc.). • Provide traffic control, including traffic control plan, barriers, cones, flagging materials, etc. as necessary to ensure the safety of the crew and public. 5 of 6 Agreement No. IAA 16-53—Jefferson Co. Parks & Rec Develop and implement a three -year maintenance and monitoring plan for the project site within 60 days of receiving the DNR Report of the crew's work. Report monitoring results to the DNR Urban and Community Forestry Program annually for three years beginning the year after the crew's work per the approved three -year maintenance and monitoring plan. 6 of 6 Agreement No. IAA 16-53—Jefferson Co. Parks & Rec `INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE, DEPARTMENT OF NATURAL RESOURCES, DNR, AND THE JEFFERSON COUNTY PARKS DEPARTMENT Agreement No. IAA 16-53 IN WITNESS WHEREOF, the parties have executed this agreement COUNTY OF JEFFERSON BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member A Approv as to form only thisl'-L day of 20 David Alvarez Deputy Prosecuting Attorney /S Mont s, P.E. Date Public Works Director /County Engineer County Signature Page