HomeMy WebLinkAbout111416_ca03Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Directorj/�
Agenda Date: November 141h, 2016
Subject: DNR Urban Forestry Program Interlocal Agreement
Statement of Issue:
The parks and recreation division has applied for and achieved a grant from the DNR
Urban Forestry Program to improve forest conditions at Irondale Beach Park. The
program requires an inter -local agreement between the DNR and Jefferson County.
Analysis/Strategic Goals/Pro's Ft Con's:
This is the third successful DNR Urban Forestry Grant Application since 2015. The
program has a proven track record in improving habitat and furthering park values.
Fiscal Impact/Cost Benefit Analysis:
The agreement requires the Parks and Recreation Division to complete certain tasks
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 and volunteers.
Recommendation:
Sign all three copies of the agreement and return two to the Public Works Department
Department Contact: Matt Tyler
Reviewed By:
Phih Morley, Co ntyAdministrator
1/ lam! l6
1
Date
nATURAL
RESOURCES
COOPERATIVE AGREEMENT WITH JEFFERSON COUNTY PARKS DEPARTMENT
Agreement No. CA 93-094464
This Agreement is between Jefferson County Parks, 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 the County 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 SoundCorps crews and the County shall provide
all materials and services pertinent to performing work set forth in the Attachment A — Statement
of Work.
2.01 Period of Performance. The period of performance of this Agreement shall be October 1,
2016, to June 30, 2020, unless terminated sooner as provided herein. The County shall receive
one calendar month, approximately four weeks, of crew assistance between December 1, 2016
and February 28, 2017.
3.01 Payment. No money is being exchanged via this agreement.
1 of 8 Agreement No. CA 93-094464—Jefferson Co. Parks
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
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 for Convenience. Either party may terminate this Agreement by giving the
other party 30 days prior written notice. If this Agreement is terminated, no further crew time
shall be allocated to the County during the current project year.
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 5 working days to correct the violation or
failure. If the failure or violation is not corrected within 5 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) Attachment A — Statement of Work; and
(3) Any other provisions of the agreement, including materials incorporated by
reference.
2 of 8 Agreement No. CA 93-094464—Jefferson Co. Parks
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.
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 General Insurance. At all times during the term of this Agreement, the County shall, at
its cost and expense, buy and maintain insurance of the types and amounts listed below. Failure
to buy and maintain the required insurance may result in the termination of the agreement at
DNR's option.
All insurance shall be issued by companies admitted to do business in the State of Washington
and have a rating of A-, Class VII or better in the most recently published edition of Best' s
Reports unless otherwise approved by DNR. Any exception must be reviewed and approved by
the DNR Risk Manager or in the absence of, the DNR Contracts Specialist, before the agreement
is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the
insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC.
Before starting work, the County shall furnish DNR, with a certificate(s) of insurance, executed
by a duly authorized representative of each insurer, showing compliance with the insurance
requirements. The County shall include all subcontractors as insureds under all required
insurance policies, or shall furnish separate certificates of insurance and endorsements for each
subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein.
Failure of subcontractor(s) to comply with insurance requirements does not limit the County's
liability or responsibility. Said certificate(s) shall contain the Agreement number CA 93-094426,
name of DNR Project Manager, a description, and include the State of Washington, DNR, its
elected and appointed officials, agents, and employees as additional insured on all general
liability, excess, umbrella and property insurance policies.
All insurance provided in compliance with this agreement shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by DNR. The County waives all
rights against DNR for recovery of damages to the extent these damages are covered by general
liability or umbrella insurance maintained pursuant to this Agreement.
DNR shall be provided written notice before cancellation or non -renewal of any insurance
referred to therein, in accord with the following specifications.
(1). Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance
Commissioner): The insurer shall give DNR 45 days advance notice of
3 of 8 Agreement No. CA 93-094464—Jefferson Co. Parks
cancellation or non -renewal. If cancellation is due to nonpayment of premium, the
DNR shall be given 10 days advance notice of cancellation.
(2). Insurers subject to Chapter 48.15 RCW (Surplus lines): DNR shall be given 20
days advance notice of cancellation. If cancellation is due to nonpayment of
premium, DNR shall be given 10 days advance notice of cancellation.
In lieu of the coverages required under this section, DNR at its sole discretion may
accept evidence of self-insurance by the County, provided the latter provides the
following:
The County shall provide a statement by a CPA or actuary, satisfactory to DNR
that demonstrates the County's financial condition is satisfactory to self -insure
any of the required insurance coverages.
DNR may require the County to provide the above from time to time to ensure the
County's continuing ability to self -insure. If at any time the County does not
satisfy the self-insurance requirement, the County shall immediately purchase
insurance as set forth under this section.
By requiring insurance herein, DNR does not represent that coverage and limits will be
adequate to protect the County and such coverage and limits shall not limit the County's
liability under the indemnities and reimbursements granted to DNR in this Agreement.
The limits of insurance, which may be increased by DNR, as deemed necessary, shall not
be less than as follows:
(1) Commercial General Liability (CGL) Insurance: Agency shall maintain general
liability (CGL) insurance, and, if deemed necessary as determined by DNR,
commercial umbrella insurance with a limit of not less than $1,000,000 per each
occurrence and $2,000,000 for a general aggregate limit. The products -completed
operations aggregate limit shall be $2,000,000.
CGL insurance shall be written on ISO occurrence form CG 00 01 (or substitute
form providing equivalent coverage). All insurance shall cover liability arising out
of premises, operations, independent contractors, products -completed operations,
personal injury and advertising injury, and liability assumed under an insured
contract (including the tort liability of another assumed in a business contract),
and contain separation of insured's (cross liability) conditions.
(2) Employers Liability (Stop Gap) Insurance: If the County shall use employees to
perform this contract, the County shall buy employers liability insurance, and, if
deemed necessary as determined by DNR, commercial umbrella liability
insurance with limits not less than $1,000,000 each accident for bodily injury by
accident or $1,000,000 each employee for bodily injury by disease.
4 of 8 Agreement No. CA 93-094464—Jefferson Co. Parks
(3) Business Auto Policy (BAP) Insurance: The County shall maintain business auto
liability and, if deemed necessary as determined by DNR, commercial umbrella
liability insurance with a limit not less than 51,000,000 per accident. Such
insurance shall cover liability arising out of "any Auto". Business auto coverage
shall be written on ISO form CA 00 01, or substitute liability form providing
equivalent coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage and cover a "covered pollution cost or expense" as
provided in the 1990 or later editions of CA 00 01.
The County waives all rights against DNR for the recovery of damages to the
extent they are covered by business auto liability or commercial umbrella liability
insurance.
(4) Workers' Compensation Insurance: The County shall comply with all State of
Washington workers compensation statutes and regulations. Workers'
compensation coverage shall be provided for all employees of the County and
employees of any subcontractor or sub -subcontractor. Coverage shall include
bodily injury (including death) by accident or disease, which arises out of or in
connection with the performance of this agreement. Except as prohibited by law,
the County waives all rights of subrogation against DNR for recovery of damages
to the extent they are covered by workers' compensation, employer's liability,
commercial general liability or commercial umbrella liability insurance.
The County shall indemnify DNR for all claims arising out of the County's, its
subcontractor's, or sub -subcontractor's failure to comply with any State of
Washington worker's compensation laws where DNR incurs fines or is required
by law to provide benefits to or obtain coverage for such employees. Indemnity
shall include all fines, payment of benefits to the County or subcontractor
employees, or their heirs or legal representatives, and the cost of effecting
coverage on behalf of such employees. Any amount owed to DNR by the County
pursuant to the indemnity may be deducted from any payments owed by DNR to
the County for performance of this Agreement.
17.01 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.
18.01 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.
5 of 8 Agreement No. CA 93-094464—Jefferson Co. Parks
19.01 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.
20.01 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.
6 of 8 Agreement No. CA 93-094464—Jefferson Co. Parks
By signature below, the Agencies certify that the individuals listed in this document, as
representatives of the Agencies, are authorized to act in their respective areas for matters related to
this instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement.
JEFFERSON COUNTY PARKS DEPARTMENT
A, n.' -,) �, 1
Signature at wft
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Name
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Signature
Robert W. Johnson
Name
A PQM � G h� �� �' � Wildfire Division Manager
Title Title
1111 Washington Street SE
MS 47037
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Address Address
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j 6 0 -3Q5Zq (360) 902-1300
Telephone VTelephone
Date
7 of 8 Agreement No. CA 93-094464—Jefferson Co. Parks
Attachment A
STATEMENT OF WORK
DNR provides the services of the SoundCorps crew in exchange for the County's matching
commitment to the project as described herein below.
Local projects must be on public property, and work performed by the crews may not replace
workers already in place or contracted.
DNR will provide the following to the County for projects that receive one month of crew assistance
under the Urban Forest Restoration Project between December 1, 2016 and February 28, 2017:
• Template for media release to assist in building public awareness of crew work.
• Puget SoundCorps crew time to perform urban forestry maintenance and restoration tasks as
outlined below:
o Irondale Beach Park, 562 Moore St., Irondale. Remove non-native invasive plant
species, replant with native vegetation.
o 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 from DNR to the community that includes a description of the project and the work
accomplished by the crew.
Template for three-year maintenance and monitoring plan.
Template for annual monitoring report.
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.
• 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.
o Dept. of Ecology (SoundCorps crews) is responsible for the maintenance and repair
of any equipment provided by SoundCorps and/or Ecology.
• 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. Final Annual Monitoring Report for work performed under this
Agreement will be due no later than June 30, 2020.
8 of 8 Agreement No. CA 93-094464—Jefferson Co. Parks
INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE, DEPARTMENT OF NATURAL
RESOURCES, DNR, AND THE JEFFERSON COUNTY PARKS DEPARTMENT
Agreement No. CA 93-094464
IN WITNESS WHEREOF, the parties have executed this agreement
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kathleen Kler, Member
Phil Johnson, Member
David Sullivan, Chair
Approved as to form only this _
day of 120
Deputy Pro ttorney
2 �X/9 /Z6
Mo ate
Public Works Director/County Engineer
County Signature Page