HomeMy WebLinkAbout010917_ca06615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonC(R,Pcr !gglgliealth.org
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Health Specialist II
DATE:
SUBJECT: Agenda Item — Project Agreement Amendment #2 — Quilcene
Acquisitions, 2012, RCO #12-1384C
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH), Water Quality Division, requests Board approval of Amendment 2 to
the Project Agreement between JCPH and WA State Recreation and Conservation Office (RCO) to increase
A&E/Admin funding.
ANALYSIS/ STRATEGIC GOALS/ PRO'S and CON'S:
Specifically this amendment's purpose is to amend the Project Agreement between JCPH and RCO to
increase AA&E to maximum allowed due to the additional properties and restoration deliverables in
amendment 1. The Admin Limit will increase by $3,400 for a total of $11,400. The A&E Limit will increase
by $3,269.23 for a total of $4,269.23. The AA&E total increase is $6,669.23. In all other respects, the
agreement remains unchanged.
FISCAL IMPACT COST BENEFIT ANALYSIS:
The Admin Limit will increase by $3,400 for a total of $11,400. The A&E Limit will increase by $3,269.23 for
a total of $4,269.23. The AA&E total increase is $6,669.23; for a grand total of $273,569.23.
RECOMMENDATION:
JCPH management request approval of Washington State Recreation and Conservation Office Amendment
#2 to Quilcene Acquisitions Project, 2012, RCO #12-1384C; 12/6/2012 — 12/30/2016; Additional $6,669.23
for a grand total of $273,569.23.
REVIEWED BY:
*W,-MorleyWnty Ad inistrator Date
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (t)
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
WASHINGTON STATE
Recreation and
Conservation Office Amendment to Project Agreement
Project Sponsor: Jefferson County Project Number: 12-1384C
Project Title: Quilcene Acquisitions 2012 Amendment Number: 2
Amendment Type:
A&E/Admin Limit Change
Amendment Description:
Increase AA&E to maximum allowed due to the additional properties and restoration deliverables in amendment 1.
Project Funding:
The total cost of the project for the purpose of this Agreement changes as follows:
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington
Recreation and Conservation Office
OW
BY:
Kaleen Cottingham —
TITLE: Director
DATE: //— 00 AZO /r�n
Pre -approved as to form:
BY: /S/
Assistant Attorney General
SAL Project A&E/Admin Limit Change Amendment
State Building Construction Account
AMENAGR1.RPT
Jefferson County
AGENCY:
BY:
TITLE:
DATE:
-J 12r74'e k
RCW 77.85. WAC 420
Old Amount
New Amount
Amount
%
Amount
%
RCO - SALMON ST PROD
$207,900.00
80.61%
$207,900.00
80.61%
Project Sponsor
$50,000.00
19.39%
$50,000.00
19.39%
Total Project Cost
$2571900.00
100%
$257,900.00
100%
Admin Limit
$8,000.00
3.46%
$11,400.00
5.00%
A&E Limit
$1,000.00
5.71%
$4,269.23
30.00%
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington
Recreation and Conservation Office
OW
BY:
Kaleen Cottingham —
TITLE: Director
DATE: //— 00 AZO /r�n
Pre -approved as to form:
BY: /S/
Assistant Attorney General
SAL Project A&E/Admin Limit Change Amendment
State Building Construction Account
AMENAGR1.RPT
Jefferson County
AGENCY:
BY:
TITLE:
DATE:
-J 12r74'e k
RCW 77.85. WAC 420
WASHINGTON NATE
Recreation and
Conservation Office Amendment to Project Agreement
Project Sponsor: Jefferson County
Project Title: Quilcene Acquisitions 2012
Amendment Type:
Agreement Description Change
Amendment Description:
Project Number: 12-1384C
Amendment Number: 5
Amend description to remove the Be'n� fen and Newman Properties and add the
Henderson, James, and Phelps Properties.
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington Project Sponsor
Recreation and Conservation Office
AGENCY: � z-
BY: r10 BY:tCf�L f �!� U�
aleen Cottingham JQ�(impi ��-7E
TITLE: Director TITLE: 0-l
DATE: t rs— DATE:
Pre -approved as to form.
BY /S/ _
Assistant Attorney General
Approved as o form only
tZI
Icffcrwn Co.
Prosecutor`. ffice
David Alvarez, Chief Civil DPA
iAL Project Agreement Description Change Amendment
RCW 77.85, WAC 420
State Building Construction Account
\MENAGR2.RPT
"y WASHINGTON STATE
Recreation and
Conservation Office Salmon Project Agreement
Salmon Funding Accounts
Project Sponsor: Jefferson County Project Number: 12-1384C
Project Title: Quilcene Acquisitions 2012 Approval Date: 12/5/2012
A. PARTIES OF THE AGREEMENT
This project grant Agreement (Agreement) is entered into between the State of Washington by and through the
Salmon Recovery Funding Board (SRFB) and the Recreation and Conservation Office, P.O. Box 40917, Olympia,
Washington 98504-0917 and Jefferson County (sponsor), PO Box 1220, Port Townsend, WA 98368 and shall be
binding on the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of
the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor
for the project named above.
C. DESCRIPTION OF PROJECT
Jefferson County intends to acquire, fee simple, up to three parcels totalling 2.1 acres and demolish structures, treat
invasive species and restore native vegetation in an area considered essential to long-term restoration goals for the
Big Quilcene River and estuary. The parcels, owned by Mr. Bergeson and Newman, are located within the historic
high-risk channel migration zone adjacent to properties previously acquired in by Jefferson County.
The properties are identified in the Puget Sound Nearshore Ecosystem Restoration Project Final Conceptual Design
Report (PSNERP March 2011 Chapter 3) for restoration measures to improve the integrity and resilience of the
nearshore ecosystem of Hood Canal. This project is also intended to complement the HCSEG Big Quilcene Delta
Acquisition Project funded by the SRFB in 2011. The ultimate goal is to support high quality riparian habitat for Hood
Canal Summer Chum by returning disturbed lands to healthy riparian forest as part of an activated floodplain and
channel migration zone.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 6, 2012 and end on June 30, 2016. No expenditure
made before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement or specifically provided for by RCFB and/or SRFB policy or WAC.
Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is
made after the Agreement end date, the time extension will be denied.
The sponsor has obligations beyond this period of performance as described in Section E.
E. ON-GOING OBLIGATION
The Project Sponsor's on-going obligation for the above project funded under this Agreement is to provide
stewardship and maintenance of the site or facility to serve the purpose for which it was intended in perpetuity unless
otherwise identified in this Agreement.
F. PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed $207,900.00. The funding board
shall not pay any amount beyond that approved for grant funding of the project and within the funding board's
percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount.
The contribution by the sponsor toward work on this project at a minimum shall be as indicated below:
SRFB - Salmon State Projects
Project Sponsor
Total Project Cost
Salmon Project Agreement - RCO #12-1384C
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
Percentage DollarAmount
80.61%
19.39%
$207,900.00
$50,000.00
100.00%
$257,900.00
Salmon Funding Accounts
Page 1 of 17
SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) 14
SPONSORS......................................................................................................
SECTION 28. LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS 14
ANDARCHERY RANGE SPONSORS...................................................................
SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE ............................................. 15
SECTION 30. FARMLAND PRESERVATION ACCOUNT.............................................................
15
SECTION 31. ORDER OF PRECEDENCE................................................................................. 15
Salmon Funding Accounts
Salmon Project Agreement - RCO #12-1384C Page 5 of 17
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
15
SECTION32.
AMENDMENTS.................................................................................................
SECTION 33.
LIMITATION OF AUTHORITY.............................................................................
15
15
SECTION34.
WAIVER OF DEFAULT.......................................................................................
SECTION 35.
APPLICATION REPRESENTATIONS - MISREPRESENTATIONS
ORINACCURACY OR BREACH..........................................................................
15
SECTION 36.
SPECIFIC PERFORMANCE................................................................................
16
SECTION37.
TERMINATION............................................I.........................1...1...11..................
16
SECTION38.
DISPUTE HEARING..........................................................................................
16
SECTION39.
ATTORNEYS' FEES..........................................................................................
17
SECTION40.
GOVERNING LAWIVENUE.................................................................................
17
SECTION41.
SEVERABILITY................................................................................................
17
Salmon Funding Accounts
Salmon Project Agreement - RCO #12-1384C Page 5 of 17
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
C. Ceremonies. The sponsor shall notify RCk. iter than two weeks before a dedication ceremony is project. The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication cerenionles.
D. Federally Funded Projects. When Issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly
state:
1. The percentage of the total costs of the project that is financed with federal money
2. The dollar amount of federal funds for the project; and
Its of the project that is financed by nongovernmental sources
3. The percentage and dollar amount of the total Cos .
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and
funding board policies regardless of whether the sponsor is a public or non-public organization.
The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state,
and local laws, regulations, and/or policies, including, but not limited to State Environmental Policy Act; industriat Insurance
Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolltion); land use regulations (critical areas
ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health
AdministrationNllashington Industrial Safety and Health Act); and Buy American Act.
Endangered Species
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not
cornmence with clearing of riparian trees or in water work unless either the sponsor has complied with 54 CFR 223.203 (b)(8), limit 8
or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.
Violation of this requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any
enforcement responsibility by RCO.
Nondiscrimination Laws
The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited
to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance
or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or
in part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for
any and all costs or liability arising from the sponsor's failure to so comply with applicable law.
Wages and Job Safety
The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington
which affect wages and job safety. The sponsor agrees to pay the prevailing wage rate to all workers, laborers, or mechanics
employed in the performance of any part of this contract if state law applies to the lands In question and the prevailing wage law
applies to the work being performed. The Washington State Department of Labor and Industries should be consulted to determine
whether prevailing wage laws apply. Further the sponsor agrees to comply with the provisions of the Davis -Bacon Act as required,
and any other applicable Federal laws.
Archaeological and Cultural Resources
The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing
activity. The funding board requires documented compliance with Executive Order 0505 or Section 106 of the National Historic
Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the
requirements of Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities,
work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be
provided to the following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology
and Historic Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate
vicinity must stop instantly, the area must be secured, and notification provided to the concerned Trlbe's cultural staff and cultural
committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible
according to RCW 68.50
Restrictions on Grant Use
No part of any funds provided under this grant shall be used, othar than for normal and recognized executive -legislative
relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any
state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such
sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
Salmon Funding Accounts
Salmon Project Agreement - RCO #12-1384C Page s of 17
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
The funding board and RCO rely on the sponso jpirr-,ition in making its determinations as to eligibili,. , selection for, and
scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this
Agreement.
SECTION 36. SPECIFIC PERFORMANCE
The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion
of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may
elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law,
common law, or equity.
SECTION 37. TERMINATION
The funding board and RCC} will require strict compliance by the sponsor with all the terms of this Agreement including, but ncr!
limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representaflons of
the sponsor in its application for a grant as finally approved by the funding board
A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreement:
i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement, or
ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the
completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines
In the event this Agreement is terminated by the funding board or director, under this section or any other section after any
portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that
any amount paid be repaid to RCO for redeposit into the account from which the funds were derived.
B. Non Availability of Funds. The obligation of the RCC] to make payments is confingent on the availability of slate and federal
funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement
are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay
any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial
Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation
to provide any future funding under this Agreement shalt terminate. Termination of the Agreement under this section is not
subject to appeal by the sponsor.
C. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the
second day after the mailing, terminate this Agreement, in whole or In part. If this Agreement is so terminated, RCO shall be
liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective
date of termination.
SECTION 38. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request
for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. The sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the
procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons
consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons
initially appointed, If a third person cannot be agreed on, the third person shall be chosen by the funding board's chair.
Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the
nature and complexity of the Issues involved. The process may be solely based on written material if the parties so agree. The
disputes panel shall be governed by the provisions of this Agreement In deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the
authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be
delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other
party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shall be
delivered or mailed by the receiving party to the requesting party within thirty (ata) days of receipt by the receiving party of the
request.
All costs associated with the implementation of this process shall be shared equally by the parties.
Salmon Funding Accounts
Salmon Project Agreement - RCO #12-1384C
Page 16 of 17
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR RPT
SECTION 39. ATTORNEYS' FEES
In the event of litigation OF ol.her action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs.
SECTION 40. GOVERNING LAWNENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit
involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county
where the project Is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing
law/venue applies:
A. Notwithstanding the above venue provision, if the State of Washington Intends to initiate a lawsuit against a federally recognized
Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe
beileves that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify
the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the
State shall bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court.
Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal
law. In the event suit is brought In federal court and the federal court determines that it lacks subject matter jurisdiction to
resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court.
B. Any judicial award, determination, order, decree or other relief, whether In law or equity or otherwise, resulting from such a
lawsuit shall be binding and enforceable on the partles. Any money judgment or award against a Tribe, tribal officers and
members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project
Funding of the Agreement in order to satisfy the judgment.
C. The Tribe hereby waives its sovereign immunity to legal actions as may be brought pursuant to this section, and to the
enforcement of any judgment from such legal actions. This waiver is not for the benefit of any third party and shall not be
enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own
enforcement costs, including attorneys' fees.
SECTION 41. SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever,
such illegality or invalidityshall not affect the validity of the remainder of the Agreement.
Salmon Project Agreement - RCO #12-1384C
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
Salmon Funding Accounts
Page 17 of 17