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HomeMy WebLinkAbout110915_ca04615 Port Townsend, WA 98368 www.JeffersonCounfyPublicHealth.org Public Hegll October 12, 2015 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health Director Tami Pokorny, Environmental Health Specialist DATE: ,�0�% ��%/ �/ SUBJECT: Agenda Item - Interlocal Agreement with WA Dept. of Fish and Wildlife (WDFW) to Fund Support of North Pacific Coast Marine Resources Committee (NPC MRC) and its projects; July 1, 2015 — June 30, 2017; $91,920.00 STATEMENT OF ISSUE*. Jefferson County Public Health requests approval of the Interlocal Agreement with 'WDFW to fund operations, and selected projects of the North Pacific Coast Marine Resources Committee (NPC MRC), the MRC for western Jefferson and Clallam counties - Interlocal Agreement with WDFW to Fund Support of North Pacific Coast Marine Resources Committee (NPC MRC) and its Projects; July 1, 2015 — June 30, 2017;91,920.00. ANALYSIS/ STRATEGIC GOALS PRO'S and CON : e North Pacific Marine This Interlocal Agreement funds and supports the administrative capacity for the Resources Committee, and to provide project funds for participation in the Washington Coastal Marine Advisory Council, and education and outreach activities. The goal of the Coastal MRC program is to understand, steward, and restore the marine and estuarine ecological processes of the Washington coast in support of ecosystem health, sustainable marine resource based livelihoods, cultural integrity, and coastal communities. This contract supports education and outreach, coastal communities, marine life, sound science, and marine habitats. FISCAL IMPACT /COST BENEFIT ANALYSIS: Funding for the NPC MRC is provided by the State General Fund and administered through the WDFW Coastal MRC Program. There is no impact to the Jefferson County General Fund for this agreement and there are no match requirements. RECOMMEN—DATION'. JCPH Management recommends that the BOCC sign the Amendment to the Interlocal Agreement with Clallam County to Fund Support of North Pacific Coast Marine Resources Committee (NPC MRC) and its Projects; July 1, 2015 — June 30, 2017; $91,920.00 p Morl ounty d m i nls(�ator Date comma. I 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 I�ds�Faiau�t�r� l,d INTERAGENCY AGREEMENT WILDLIFE TITLE: 15-17 North Pacific MRC WDFW NUMBER: 15-04914 CONTRACTOR: Jefferson County CONTRACT PERIOD: 07/01/2015 to 06/30/2017 TYPE: Payable / Goods and Services / Interlocal CONTRACT VALUE: $91,920 A. PARTIES TO THIS CONTRACT This Contract is entered into between the Washington State Department of Fish and Wildlife (WDFW), 600 Capitol Way North, Olympia, WA 98501-1091; and Jefferson County (Contractor)„ 615 Sheridan Street, Port. Townsend, WA 98368; and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF CONTRACT This contract sets out the terms and conditions by which the Contractor shall provide goods and/or services to WDFW. C. DESCRIPTION OF PROJECT The Contractor shall perform the project as described in Attachments, which are incorporated herein by this reference: Attachment "A" General Terms and Conditions Attachment "B" Contract/Project Summary Attachment "C" Statement of Work D. PERIOD OF PERFORMANCE The performance period under this Contract shall commence on 07/01/2015 and terminate on 06/30/2017. No expenditures made before or after this period are eligible for reimbursement unless incorporated by written amendment into this Contract. The Contract may be terminated or the performance period extended pursuant to terms set forth in Attachment "A." E. COMPENSATION/ PAYMENT The total dollars provided by WDFW for this project shall not exceed $91,920.00. The Contractor shall be responsible for all project costs exceeding this amount. Only eligible reimbursement activities that are in direct support of the project deliverables identified in this Contract will be reimbursed. Any additional services provided by the Contractor must have prior written approval of WDFW. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted to the Project Manager by the Contractor not more often than monthly. The invoices shall describe the document to WDFW's satisfaction, a description of work performed, activities accomplished, or the progress of the project. The rates shall be in accordance with those herein agreed to. Payment shall be considered timely if made by WDFW within 30 days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. WDFW may, in its sole discretion, terminate the contract or withhold payments claimed by the Contractor for the services rendered if the Contractor fails to satisfactorily comply with any term or conditions of this contract. F. RIGHTS AND OBLIGATIONS All rights and obligations of the parties of this Contract are subject to this Contract, including the Attachments, which are incorporated herein by this reference. By signing this Contract the Contractor acknowledges that they have read, fully understand, and agree to be bound by all terms and conditions set forth in this Contract. WDFW NUMBER: 15-04914 PAGE 1 G. COMPLIANCE WITH APPLICABLE STA `UTES RtJrLES AND WDFW POLICIES The Contractor shall comply with, all applicable state, federal, and local laws and regulations, including published WDFW policies, while performing under this Contract H. ORDER OF PRECEDEi C in the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: Applicable Federal and State of Washington statutes and regulations Special Terms and Conditions as contained in this basic contract instrument. Attachment A - General Terms and Conditions. Any other provision, term or material incorporated herein by reference or otherwise incorporated. 1. CONTRACT REPRESENTATIVES The below named representatives for each of the parties shall be the contact people for all communications and billings regarding the performance of this Contract. All written communications regarding this Contract shall be sent to the designatedrepresentatives at the addresses below unless notified in writing of any change. Contractor"s Representative Tami Pokorny Jefferson County Water Quality and Environmental Health 615 Sheridan Street Port Townsend, WA 98368 Ph: ( 60) 379-4498 Fx; (360) 385-9401 tpokorny@co.jefferson.wa.us WDFW"s R2presentative jessi Doerpinghaus 48 Devonshire Rd. Montesano WA 98563 (360) 249-1219 jessi.doerpinghaus@dfw.wa.gov Approved to form o l Jefferson Co. Prose t' D 1 e David Alvarez, Chief Civil DPA J. EiW'T1R'E CONTRACT This Contract, along with all attachments and exhibits, constitutes the entire agreement of the parties. No other understandings, verbal or otherwise, regarding this Contract shall exist or bind any of the parties. K. APPROV"A. This contract shall be subject to the written approval of WDFW'S authorized representative and shall not be binding until so approved. This Contract may be altered, amended, or waived only by a written amendment executed by both parties. IN WITNESS WHERE, WDFW and the Contractor have signed this contract. JEFFERSON COUNTY WASHINGTON DEPARTMENT OF FISH AND WILDLIFE Signature and Date Signature and Date Printed Name and Title Printed Name and Title PAGE 2 WDFW NU. _ MBER: 15-04914 Attachment A - GENERAL TERMS AND CONDITIONS Interagency Agreements DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: A. "AGENCY" shall mean the Department of Fish and Wildlife of the State of Washington, any division, section, office, unit or other entity of the AGENCY, or any of the officers or other officials lawfully representing that AGENCY. B. "AGENT" shall mean the Director, and/or the delegate authorized in writing to act on the Director's behalf. C. "CONTRACTOR" shall mean that firm, provider, organization, individual or other entity performing service(s) under this contract, and shall include all employees of the CONTRACTOR. D. "RCW" shall mean the Revised Code of Washington. All references in the contract to RCW chapters or sections shall include any successor, amended or replacement statutes. E. "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is performing all or part of those services under this contract under a separate contract with the CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" means SUBCONTRACTOR(s) in any tier. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the AGENCY. AMENDMENTS This contract 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. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. ASSIGNMENT Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the CONTRACTOR without prior written consent of the AGENCY. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The CONTRACTOR shall not use or disclose any information concerning the AGENCY, or information that may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the AGENCY, or as may be required by law. DISALLOWED COSTS The Contractor is responsible for any audit. exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. DISPUTES In the event that a dispute arises under this contract, it shall be determined by a Dispute Board in the following manner: Each party to this contract 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, contract WDFW NUMBER: 15-04914 PAGE 3 terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process and if applicable, 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. DUPLICATE PAYMENT The AGENCY shall not pay the CONTRACTOR, if the CONTRACTOR has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. ENTIRE AGREEMENT This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. EQUIPMENT MANAGEMENT For the purposes of this contract, "Inventoriable Equipment" shall mean a tangible asset which has, a service life of more than one year and with a unit cost of $5,000 or greater; and tangible assets, with a unit cost of more than $300 that the AGENCY considers "small and attractive," such as engines, chain saws, communications equipment, global position systems, optical devices, cameras, microcomputer and related systems, and video equipment; and firearms, boats and motorized vehicles of any value. If the CONTRACTOR uses contract funds to purchase Inventoriable Equipment, title to that Inventoriable Equipment shall be held by the AGENCY unless otherwise specified in this contract. The AGENCY's Inventoriable Equipment provided to the CONTRACTOR shall be used only for the performance of this contract. Title to the AGENCY's Inventoriable Equipment shall remain with the AGENCY. The CONTRACTOR shall take reasonable steps to account for and protect Inventoriable Equipment from loss or damage; report to the AGENCY any loss or damage of such property; and take reasonable steps to protect such property from further damage. The CONTRACTOR shall surrender to the AGENCY all Inventoriable Equipment either provided by the AGENCY or purchased with contract funds upon the completion or termination of this contract. FINAL INVOICE The CONTRACTOR shall submit the final invoice not later than 60 calendar days from the end of the contract period. GOVERNING LAW This contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. HOLD HARMLESS Each party to this contract will be assigned, and assume responsibility for any damages to third parties that are attributable to the negligent acts or omissions of the individual party, Both parties agree, to the extent permitted by law, to defend, protect, save and hold harmless the other party, its officers, agents, and employees from any and all claims, costs, damages, and expenses suffered due to each party's own actions or those of its agents or employees, in the performance of this contract. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this contract 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. PAGE 4 WDFW NUMBER: 15-04914 NONDISCRIMINATION During the performance of this contract, both parties shall comply with all federal and state nondiscrimination laws, regulations and policies. In the event of the CONTRACTOR'S non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the AGENCY. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. PREVAILING WAGE If any work performed by subcontractors is subject to Chapter 39.12 of the Revised Code of Washington, the CONTRACTOR shall ensure that its subcontractors pay the prevailing rate of wages to all subcontractor workers, laborers or mechanics in the performance of any part of the work described in the contract in accordance with state law and Department of Labor and Industries rules and regulations. RECORDS MAINTENANCE The parties to this contract 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 contract 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 contract 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. RIGHT OF INSPECTION The CONTRACTOR shall provide right of access to its facilities to the AGENCY, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. RIGHTS IN DATA Unless otherwise provided, data which originates from this contract shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AGENCY. 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. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the AGENCY may terminate the contract under the "Termination for Convenience" clause, without the ten-day notice requirement, subject to renegotiation at the AGENCY'S discretion under those new funding limitations and conditions. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. SUBCONTRACTING Neither the CONTRACTOR nor any SUBCONTRACTOR shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the AGENCY. In no event shall the WDFW NUMBER: 15-04914 PAGE existence of the subcontract operate to release or reduce the liability of the CONTRACTOR to the AGENCY for any breach in the performance of the CONTRACTOR'S duties. This clause does not include contracts of employment between the CONTRACTOR and personnel assigned to work under this contract. Additionally, the CONTRACTOR is responsible for ensuring that alll terms, conditions, assurances and certifications set forth in this contract are carried forward to any subcontracts. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as provided by law. TERMINATION Either party may terminate this contract upon 30 -days' prior written notification to the other party. If this contract is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this contract prior to the effective date of termination. TERMINATION FOR CAUSE If for any, cause, either party does not fulfill in a tirnely and proper manner its obligations under this contract, 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 contract may be terminated immediately by written notice of the aggrieved party to the other. WAIVER Waiver of any default or breach shall not be deemed a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing and signed by authorized representative of the AGENCY. PAGE 6 WDFW NUMBER: 15-04914 Attachment B - CONTRACT/PROJECT SUMMARY TITLE: 15-17 North Pacific Coastal MRC WDFW CONTRACT NUMBER: 15-04914 PERIOD: 07/01/2015 to 06/30/2017 WDFW MANAGER: Jessi Doerpinghaus CONTRACTOR: Jefferson County 360-249-1219 CONTRACT TYPE: Payable / Goods and Services / Interlocal SUMMARY CONTRACT DESCRIPTION: 2015-17 North Pacific MRC: To support the administrative capacity for the North Pacific Marine Resources Committee, and to provide project funds for participation in the Washington Coastal Marine Advisory Council, and education and outreach activities. Master Index Number(s): 12717 CFDA Number Award Year Award Number Research & Development? Not Applicable _ BN 15-17 WDFW NUMBER: 15-04914 PAGE Attachment C - STATEMENT OF WORK 1. Introduction 2015-17 North Pacific Coastal MRC, The purpose of this contract is to support the administrative capacity for the North Pacific Marine Resources Committee (MRC), and to provide project funds for participation in the Washington Coastal Marine Advisory Council, and education and outreach activities. 2, Description of All Project Requirements 2.1 S(HVIMAII(y Pfkojcl:c-l° J)i_S(:W11T1W,1 07/01/2015 06/°30/2W,7 The goal of the Coastal MRC program is to Understand, steward, and restore the marine and estuarine ecological processes of the Washington coast in support of ecosystem health, sustainable marine resource based livelihoods, cultural integrity, and coastal corn m unities. This contract addresses the following program benchmarks: Education and Outreach, Coastal Communities, Marine Life, Sound Science, and Marine Habitats. 2.2 PROJECT STATEMENT OF WORK CONTRACT AWARD FOR FY2016 AND FY2017 $91,920 The following tasks are required for the completion of this contract. OPERATIONS - TASK -1 MRS' C ' OORDINATION Jefferson and Clallam County Will provide MRC coordinator support for the MRC. This includes planning, organizing, and facilitating meetings, recording and distributing meeting and activity summaries to those interested in the MRC activities, The MRC coordinator will manage tasks of the MRC, assign work to volunteers, and assure timely, completion of work and final reports. The MRC coordinator is also responsible for coordinating with WDFW and completing contract deliverables, Additionally, the MRC coordinator will maintain and develop outreach tools to communicate with the MRC and the public regarding activities and accomplishments. Cost: $77,000 Deliverable 1a: Name and contact information for the MRC Coordinator and County contacts. (Due October 15, 2015 and October 15, 2016) Deliverable lb: FY16 and FY17 project budget and work plan. (Due October 15, 2015 and October 15, 2016, respectively) . in the first Deliverable Ic: Annual Report form that includes surnmary of actions completed quarter, as well as a list of prioritized recommendations for future action. This information will be included in the annual Report to the Legislature. (Due October 15, 2015 and October 15, 2016 for each FY) Deliverable 1d: Submit quarterly progress reports on the Quarterly Report Form describing the progress and barriers for each contract deliverable. Updated report templates will be sent out to coordinators in the case of a contract amendment, (Due October 15, January 15, and April 15 of each FY) Deliverable le- If revised, submit a list of county appointed MRC board members including full name, organization and MRC seat representation. Approved Ground Rules and By Laws, (Due July 10, 2016 and July 10, 2017) Deliverable If: As necessary, send WDFW coordinator updates for program website and develop additional outreach tools. (Due as necessary) Deliverable 1 g: A final report that includes prioritized recommendations for future actions and products for MRC development, a description of challenges and growth over the past year, and ideas on new ways to utilize the MRC to implement the Coastal MRC Program Priorities. (Due July 10, 2016 and July 10, 2017) PAGE 8 WDFW NUMBER: 15-04914 OPERATIONS�_TASK 2: Two -COUNTY PARTNERSHIP Develop an Inter -local agreement (ILA) to formalize the two -county (Jefferson and Clallam) partnership for a "West End" MRC. Cost: included under Task 1 "MRC Coordination." Deliverable 2a: ILA signed by Jefferson and Clallam Counties. (Due April 15, 2016 and April 15, 2017) PROJECTS - TASK; WASHINGTON COASTAL MARINE ADVISORY COUNCIL REPRESENTATION The MRC will designate one representative to attend the regular Washington Coastal Marine Advisory Council (WCMAC) meetings. The designee will represent the MRCs interests and perspectives on behalf of the entire MRC membership, share updates on local issues and activities, learn about regional and state agency activities, coordinate on shared interests, and then report key items back to the MRC. GHC MRC may cooperate with the WCMAC on projects and recommendations. The MRC will support one representative's mileage at the per diem rate to and from each meeting. This task addresses the program benchmarks: Education and Outreach and Coastal Communities. Cost: $0 for this funding term Deliverable 1a: A brief summary describing the MRC's WCMAC participation and representation at each meeting. (Due June 30, 2016 and June 30, 2017) PROJECTS -TASK 2: COAS T. TESTING THE "BAG -AND -TAG" PROTOCOL. The project will test whether the developed protocol can be divided into two components: beach sampling and debris characterization, both to be conducted by coastal residents. The intent is to use the outcomes of this work to decide whether COASST should establish a separate debris characterization program based out of partner institutions coast -wide. As a consequence of the proposed work, at least 15 marine debris sampling sites will be permanently established, at least 30 new COASSTers will be trained to sample marine debris, and dozens of individuals will participate in debris characterization. This task addresses the program benchmarks: Marine Life, Sound Science, Education and Outreach, and Coastal Communities. Cost: $14,920 Deliverable 2a: Submit a final report form (Due June 30, 2016 and June 30, 2017) PROJECTS- TASK 3: COASTSAVERS: COORDINATION OF COASTIDE BEACH CLEANUPS AND OUTREACH On September 17, 2016, the International Coastal Cleanup (ICC) will include the entire Washington Coast with the help of Coastsavers recruitment efforts and online registration system. This will be the fourth year that the International Coastal Cleanup will be held on the outer coast and it is our hope that momentum will build around this event and attract new volunteers, partners, and sponsors. The Washington Coast Cleanups (WCC) will happen on April 23, 2016 and April 15, 2017. These are annual, coast -wide volunteer beach cleanups, which regularly attracts over 1,000 volunteers. The goal of these beach cleanups is to save Washington's Pacific coastal environment and wildlife from the dangers of household plastics, lost fishing gear, and other types of marine debris that accumulates on our beaches. This task addresses the program benchmarks: Marine Habitats, Coastal Communities, and Education and Outreach. Cost: $0 ($20,000 to GHC WDFW contract #15-04808) Deliverable 3a: Grays Harbor County MRC will provide written summary reports of the September 2016 and April 2016 and 2017 cleanups including: (1) Beaches in Grays Harbor, Clallam, and Jefferson Counties with cleanup effort (2) Number of volunteers who participated in each county (3) Total amount of waste (by tons) and general descriptions of waste type removed from beaches in each county (4) Successes, troubles and lessons learned. (Due: WCC 2016 due June 30, 2016, ICC 2016 due January 15, 2017, and WCC 2017 due June 30, 2017) Deliverable 3b: Submit a final report form. (Due June 30, 2016 and June 30, 2017) WDFW NUMBER: 15-04914 PAGE 9