HomeMy WebLinkAbout101215_ca08Consent Agenda
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Su Tipton, WSU Jefferson County Cooperative Extension
DATE: October 12, 2015
RE: Fort Townsend Shoreline Restoration Education /Outreach
NWSF #2015 -22- JEFFERSON
STATEMENT OF ISSUE: The purpose if this agreement is for NWSF to provide funding
for the education and outreach components of the Fort Townsend Shoreline Restoration
Project
ANALYSIS: Scope of work includes Project Management; Outreach Materials
Development; Onsite Education tasks that coordinate with Fort Townsend State Park's
staff /affiliated community groups; recruit/train volunteers for education/outreach activities;
develop media outreach education; promote public events. Deliverables: two interpretive signs
and public project celebration of the restoration work on Fort Townsend State Park and beach.
FISCAL IMPACT: Estimate cost $9500.00, NWSF agrees to reimburse the amount to the
County.
RECOMMENDATION: We recommend the Commissioners approve this Agreement.
DEPARTMENT CONTACT: Su Tipton, 360.379.5610 ext. 206
REVIEWED BY:
1
r`
flip Morley, ounty dr ator Date
AGREEMENT between the
NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION
and
JEFFERSON COUNTY
Project Title: Fort Townsend Shoreline Restoration - Education and Outreach
NWSF Agreement #: 2015 -22- JEFFERSON
This Agreement is entered into between the Northwest Straits Marine Conservation Foundation, referred
to as "NWSF," a Washington non - profit corporation, located at 1155 N. State St. Suite 402, Bellingham,
WA 98225 and Jefferson County, a municipal corporation, hereinafter referred to as "COUNTY."
Purpose
The purpose of this Agreement is for NWSF to provide funding for the education and outreach
components of the Fort Townsend Shoreline Restoration Project.
Source of Funds
The source of funds provided by the NWSF is through the Environmental Protection Agency — National
Estuary Program (EPA -NEP) from the Puget Sound Marine and Nearshore Grant Program.
IT IS MUTUALLY AGREED THAT:
1.0 Statement of Work. COUNTY shall furnish the necessary personnel, equipment, material
and /or services and otherwise do all things necessary for or incidental to performing work set forth in the
Scope of Work, Exhibit "A" attached hereto.
2.0 Period of Performance. The period of performance of this Agreement shall begin on August 1,
2015 and end on December 15, 2016, unless terminated sooner as provided herein.
3.0 Payment. The parties estimate that the cost of accomplishing the work will not exceed Nine
thousand dollars ($9,500.00). NWSF agrees to reimburse the aforementioned amount to the COUNTY.
Payment for satisfactory performance of work shall not exceed this amount unless the parties mutually
agree to a higher amount before beginning any work that could cause the maximum payment to be
exceeded. Payment for services shall be based on COUNTY providing acceptable deliverables as noted
in the Scope of Work Exhibit "A."
The COUNTY may shift costs between budget task /expense categories as long as all deliverables are met
and the total project budget is not exceeded. The COUNTY shall obtain NWSF approval prior to shifting
costs between budget task /expense categories.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2015 -22- JEFFERSON
Page i of 7
4.0 Billing Procedures. COUNTY shall submit invoices, at least quarterly and no more frequently
than monthly to:
Northwest Straits Foundation
1155 N. State St. Suite 402
Bellingham, WA 98225
Payment to COUNTY for approved and completed work will be made by warrant by the NWSF within 30
days of receipt of the invoice, unless there is a question or need for additional documentation, in which
case resolution will be sought expeditiously. Receipts for reimbursable expenses shall be provided to the
Foundation upon request. Private vehicle reimbursement rate will be at state - approved rates at the time of
travel (http: / /www.ofm.wa.gov /resources /travel.asp). Per diem reimbursement may not exceed state -
approved rates.
5.0 Records Maintenance. 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 and any persons duly authorized by the parties shall have
full access to and the right to examine any of these materials during this period.
Records and other documents in any medium famished 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 this material to any third parties without first notifying the furnishing party and giving it a
reasonable opportunity to respond. Each party will use reasonable security procedures and protections to
assure that records and documents provided by the other party are not erroneously disclosed to third
parties.
6.0 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. Each party to this Agreement
shall be responsible for its own acts and /or omissions and those of its officers, employees and agents.
The party who is responsible for acts and /or omissions shall hold the other party harmless therefrom.
COUNTY is not an agent of NWSF.
7.0 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.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2015 -22- JEFFERSON
Page 2 of 7
8.0 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.
9.0 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.
10.0 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.
11.0 Governance. This contract is entered into 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. 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.
12.0 Assignment. The work to be provided under this Agreement and any claim arising from this
Agreement cannot be assigned or delegated in whole or in part by either party, without express prior
written consent of the other party. Neither party shall unreasonably withhold consent.
13.0 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
this Agreement.
14.0 Indemnification. Each party shall defend, protect and hold harmless the other party from and
against all claims, suits and /or actions arising from any negligent act or omission of that party's officials,
employees, agents, and /or authorized subcontractor(s) while performing this contract.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2015 -22- JEFFERSON
Page 3 of 7
15.0 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.
16.0 Contract Management. The project coordinators 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.
17.0 Project Coordinators.
(1) The Project Coordinator for COUNTY is:
Cheryl Lowe, Marine Resources Committee (MRC) Coordinator
WSU Jefferson County Extension
380 Jefferson Street
Port Townsend, WA 98368
Telephone: 360 - 379 -5610 x 230
Email: cheryLlowe@nwsu,edu
(2) The Fiscal Agent for COUNTY is:
Su Tipton, Financial Coordinator
WSU Jefferson County Extension
380 Jefferson Street
Port Townsend, WA 98368
Telephone: 360 - 379 -5610 x 206
Email: wsufina_ncigI @co .Lefferson _wa.us
(3) The Project Coordinator for NW SF is:
Lisa Kaufman
1155 N. State St. Suite 402
Bellingham, WA 98225
Telephone: 360 - 733 -1725
Email: kauftn_qn@awAWtsfoundation.org
18.0 Deliverables. The Scope of Work, Exhibit "A" identifies the Project Deliverables.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2015 -22- JEFFERSON
Page 4 of 7
IN WITNESS WHEREOF, the parties have executed this Agreement.
JEFFERSON COUNTY, WASHINGTON NORTHWEST STRAITS FOUNDATION
Chair
Board of County Commissioners
Jefferson County, Washington
ATTEST:
Date Joan Drinkwin Date
Interim Executive Director
Clerk Date
Board of County Commissioners
Jefferson County, Washington
Jefferson Co. Prosecutor'
David Alvarez, Chief Ci ' DPA
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
N W SF Agreement # 2015 -22- JEFFERSON
Page 5 of 7
EXHIBIT A
Scope of Work
Project Title: Fort Townsend Shoreline Restoration Project — Education and Outreach
NWSF Contract #: 2015 -22- JEFFERSON
Task 1: Project Management
COUNTY will provide general project management services, including the following: assist with project
advisory committee meetings; provide quarterly reports and progress reports with all invoices to NWSF;
coordinate with Fort Townsend State Park's staff and affiliated community groups; and coordinate,
recruit and train volunteers for education and outreach activities.
Deliverables:
1. Progress report with all invoices.
2. Quarterly Progress reports of outreach, coordination and communication activities, including
volunteer hours for that time period.
Deadlines:
Progress Report
Period of Performance
Due Date
# I
Start through September 30, 2015
October 10, 2015
#2
October 1, 2015- December 31, 2015
January 10, 2016
#3
January 1, 2016 -March 31, 2016
April 10, 2016
#4
April 1, 2016 -June 30, 2016
July 10, 2016
45
July 1, 2016 - September 30, 2016
October 10, 2016
3. A final report of all activities completed as of November 30, 2016.
Report Deadline: December 10, 2016
Budget: $550.00
Task 2: Outreach Materials Development
The COUNTY will collaborate with Washington State Parks staff and NWSF Project Manager to
develop, produce and install two interpretive signs near the restoration project site at Fort Townsend State
Park. COUNTY will coordinate with NWSF to develop press releases and news articles about shoreline
armoring and the Fort Townsend restoration project, and promote public events described in Task 3.
Press releases, news articles and the Jefferson County MRC's webpage will encourage readers go to the
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2015 -22- JEFFERSON
Page 6 of 7
NWSF's webpage about shoreline armoring and alternatives to hard armoring.
Deliverables:
1. Two interpretive signs installed at Fort Townsend State Park. Progress reports will include
photos of installed signs.
2. Copies of press releases and news articles submitted to local media and /or documentation of
publication if printed or included in newspapers or on websites.
Budget: $8,450.00
Task 3: Onsite Education
COUNTY, in collaboration with NWSF, will schedule, organize and promote one (1) public project
celebration following installation of the interpretive signs and two (2) additional public, guided beach
walks on the Fort Townsend State Park beach. The celebration will include guest speakers, a
demonstration of intertidal monitoring techniques and guided beach walks. COUNTY will also organize
and implement an on -site visitor survey before and after project construction to measure changes in public
perceptions about shoreline armoring impacts and improvements to Fort Townsend beach access.
Deliverables:
1. Summary report of public celebration, including photos, program notes and sign -in sheet.
2. Photos and sign -in sheets for two public beach walks.
3. Summary report of visitor survey, including data collected and results.
Budget: $500.00
Total Budget: $9,500.00
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2015 -22- JEFFERSON
Page 7 of 7