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HomeMy WebLinkAbout071116_ca13JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrator' DATE: July 11, 2016 RE: Agreement with American Forest Management and Port Ludlow Associates LLC for Forest Management Plan; 2016; Not to Exceed $3,500 STATEMENT OF ISSUE: Board approval is requested of an Agreement with American Forest Management (AFM), co-signed with Port Ludlow Associates, LLC, whereby AFM will prepare a forest management plan. ANALYSIS: As part of on-going mediation Jefferson County and Port Ludlow Associates jointly are contracting with American Forest Management (AFM) to prepare a forest management plan pursuant to joint direction through PLA's and the County's mediation. This is the second of two agreements with American Forest Management that are proposed for joint execution by the County and PLA with AFM. The first agreement would contract with AFM to provide forest assessment and mediation technical support services. FISCAL IMPACT: The total contract cost is not to exceed $3,500, and payment will be split 50/50 between Jefferson County and PLA. Thus the total cost to Jefferson County would not exceed $1,750, paid from the County's non -departmental budget. RECOMMENDATION: Approve the proposed Agreement with American Forest Management, which Port Ludlow Associates would also approve. REVI BY: Philip Morley, CotCnt WAdministrator Date 'All, F M, 11415 NE 128th St Suite 110 eland WA 98034 • (425)820-3420 • FAX (425)820-3437 www.americanforestrnanagement. cart PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT entered into the _day of May, 2016 by and between AMERICAN FOREST MANAGEMENT, INC. with an office at 11415 NE 128TH St., Suite 110, Kirkland, WA 98034 (hereinafter referred to as "AFM") and Port Ludlow Associates LLC and Jefferson County Department of Communily Development (hereinafter referred to as "Client"). AFM agrees to provide consulting services to Client as shown on the attached Exhibit "A" which is hereby incorporated into this Agreement by reference. Access: Client hereby grants to AFM, its agent and employees the right to ingress and egress upon and to the Property for the purpose of performing the agreed upon services as outlined in Exhibit "A". Compensation and Payment: Client agrees to timely pay AFM for services performed in accordance with the schedule of payment outlined on the attached Exhibit "A". Insurance Coveral4e: AFM shall, while performing services on the Client's property, maintain in effect worker's compensation insurance in the statutory amounts as required by the Worker's Compensation Law in the state or states in which AFM is obligated to provide worker's compensation benefits; General liability insurance with maximum limits of liability of not less than $1,000,000 per occurrence or $2,000,000 General Aggregate; and motor vehicle liability insurance with minimum liability limits of $1,000,000 Combined Single Limit (Bodily Injury and/or Property Damage combined). Indemnification: AFM agrees to defend, indemnify and hold harmless Client, its officers, directors, employees, agents, and affiliates from and against any and all third -party claims, lawsuits and demands and the associated liabilities, damages, costs and expenses (including reasonable attorneys' fees) (the "Claims") arising from bodily injury, death, or property damage, caused by any act, omission, or failure of Consultant or its officers, directors, employees, agents, or Consultants, in connection with this Agreement. Client agrees to defend, indemnify and hold harmless AFM, its officers, directors, employees, agents, and affiliates from and against any and all third -party claims, lawsuits and demands and the associated liabilities, damages, costs and expenses (including reasonable attorneys' fees) (the "Claims") arising from bodily injury, death, or property damage, caused by any act, omission, or failure of Client or its officers, directors, employees, agents, or Consultants, in connection with this Agreement. Independent Contractor: It is understood and agreed that AFM and its employees are independent contractors and not employees of the Client, and each party to this Agreement agrees to take action consistent with the foregoing. Nothing in this agreement shall be construed to create a partnership, joint venture or other association among the parties. Duties of AFM: AFM agrees to perform its services in accordance with published Best Management Practices (BMPs) as outlined in the state in which the services are being performed. AFM shall also comply with all applicable federal, state and local laws or regulations. Severability: This Agreement shall be governed by, and construed in accordance with the laws of the State of Washington (but not including the choice of law rules thereof). Assignment — Successors in Interest: Neither party hereto shall have the right to assign any part of this Agreement without the prior written consent of the other party. All agreements, rights and privileges addressed herein which are binding upon or applicable to either party hereto shall also be binding upon and applicable to the heirs, successors and legal representatives of the respective parties. Errors and Omissions: In performing the services herein agreed, AFM shall exercise a standard of care consistent with accepted industry practices in effect in the area where the Property is located. Execution - Legal Advice: By its execution hereof, each of the parties hereto acknowledge and agree that each has freely, voluntarily and knowingly executed this Agreement and further that each has had full opportunity to review this Agreement with legal counsel of its own choosing. Client Authorization: Client hereby warrants that it has fee simple title of the Property or has authority to execute this Agreement on behalf of the entity which has fee simple title of the Property and that information provided relative to the Property is accurate to the best of the Client's knowledge. Term: This Agreement will expire at the time of completion of the duties and obligations as set forth in the attached Exhibit "A" or per the termination date set forth in Exhibit "A". IN WITNESS WHEREOF, the parties have set their hands the date and year first written above: Client: Client: American Forest Management Port Ludlow Associates LLC Jefferson County Diana Smeland, President 70 Breaker Lane Port Ludlow, WA 98365 Kathleen Kier, BoCC Chair P.O.Box 1220 Port Townsend, WA 98368 District Manager Appryed as ar o . Michael Haas, Prosecuting Attorney Attest: Carolyn Avery, Deputy Clerk of the Board EXHIBIT A SERVICES Forest Management Plan — Jefferson County Parcels — 821164001, 821164002, 821211003 Scope of Work 1. Conduct non -quantitative, reconnaissance level survey of the forest resources on the subject contiguous parcels 2. Prepare a Forest Management/Stewardship Plan to meet stakeholder objectives. 3. Submit plan to stakeholders for review and discussion at next mediation meeting 4. Attend August mediation meeting to discuss plan and provide technical services FEE This assignment will be hourly at time and expense, Not -to -Exceed $3,500. Hours will be billed at the District Manager rate of $110/hour. Estimated field time is 6 to 8 hours. Estimated reporting time is 10 to 12 hours. Estimated time for August meeting is 6 to 8 hours. Estimated travel/mileage fees is $150. TERM The undersigned agrees to make final payment for said services within thirty (30) days of receipt of final invoice for said services unless other terms and conditions are mutually agreed upon. Client Initials: