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HomeMy WebLinkAbout031317_ca06Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Leslie Locke, Executive Assistant DATE: March 13, 2017 SUBJECT: AGREEMENT re: 2017 Special Project Services; In the Amount of $48,000; Jefferson County Administrator; Jefferson County Conservation District STATEMENT OF ISSUE: County Administrator, Philip Morley is requesting Board approval of the Contract Agreement for 2017 Special Project Services with Jefferson County Conservation District; January 1, 2017 — December 31, 2017; $48,000 ANALYSIS: Jefferson County Conservation District was selected to perform this work because of its ongoing and established working relationship with landowners. Proposed agreement with the Jefferson County Conservation District for the following special projects: Task 1: Farm Conservation Planner Certification and Analysis Tool Development Task 2: Collaboration with Jefferson County and Local Partners on the Comprehensive Plan & CAO Update Task 3: On -Site Septic Cost -Share Assistance Program Task 4: Synthesis of Long-term Water Quality Data from Discovery Bay FISCAL IMPACT: $48,000 RECOMMENDATION: The Commissioners are being asked to approve Agreement. REVIEWED BY: 315 % ip Morle mistrator Date AGREEMENT FOR SPECIAL PROJECT SERVICES BY and BETWEEN JEFFERSON COUNTY and JEFFERSON COUNTY CONSERVATION DISTRICT THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "County", and the Jefferson County Conservation District, a governmental subdivision in Washington State, hereinafter referred to as "Conservation District", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Section 1. Proiect Designation. The Conservation District is retained by the County to provide services in farm conservation planning, to collaborate with the County on its Comprehensive Plan and Critical Areas Ordinance update, to collaborate with Jefferson County Public Health in developing a prioritization and referral strategy for offering On -Site Septic repair cost -share assistance to landowners, and to synthesize 20 years of water quality data in the Discovery Bay Comprehensive Fish and Water Quality Report. Section 2. Services to be Performed. The Conservation District agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor and supplies. Section 3. Term. This Agreement shall be for a term of one year, commencing on January 1, 2017 and ending on December 31, 2017, except for quarterly reports whose term ends January 31, 2018 or when the fourth quarter report is filed, whichever is last, unless this Agreement is terminated as provided herein. All work consistent with the Services to be Performed, and performed in 2017 prior to the execution of this Agreement is hereby ratified. Section 4. Compensation. 1. Payment for the work provided by the Conservation District shall be made quarterly as provided in the Compensation Schedule shown in Exhibit "B" attached hereto, provided that the total amount of payment to the Conservation District shall not exceed Forty Eight Thousand Dollars ($48,000) without express written modification of the Agreement signed by both parties. 2. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 3. Payment of the second through fourth quarters will be contingent on timely submittal of an acceptable progress report for the prior quarter, pursuant to Section 5 of this Agreement. 1 of 8 Section 5. Reports. The Conservation District will provide a written quarterly report to the County of services rendered under this Agreement. The report shall contain a brief summary of the work performed pursuant to this Agreement, including a breakdown of progress and funds expended on tasks and deliverables outlined in Section 2. Duplicate copies of the quarterly report shall be submitted to the County contacts on or before April 30, July 31, October 31, 2017 and January 31, 2018, pursuant to Section 6 of this Agreement. Section 6. Contacts. Contacts under this Agreement shall be as follows: Jefferson County: Philip Morley, County Administrator Jefferson County Administrator's Office P.O. Box 1220 Port Townsend, WA 98368 Copies of Quarterly Reports and work products for Tasks 1 & 2 also go to: Patty Charnas, Director Jefferson County Department of Community Development P.O. Box 1220 Port Townsend, WA 98368 Copies of Quarterly Reports and work products for Tasks 3 & 4 also go to: Stuart Whitford, Environmental Health Director Jefferson County Department of Public Health P.O. Box 1220 Port Townsend, WA 98368 Conservation District: Jill Zarzeczny, District Manager Jefferson County Conservation District 205 W. Patison St. Port Hadlock, WA 98339 Section 7. Records. 1. Conservation District records and accounts pertaining to this Agreement are to be kept (6) years after final payments. Copies shall be made available upon request. 2 of 8 2. Inspection of records. All Conservation District records with respect to any matters covered by this Agreement shall be made available to the County at any time during normal business hours to allow the County to verify quarterly reports, deliverables and expenditures, and to inspect, audit and make copies of any relevant data. Section 8. Ownership and Use of Documents. Documents created under this Agreement will include data and media that the Conservation District has collected, analyzed, and/or produced using both County and other funding sources. As such, the Conservation District will retain ownership of all documents, drawings, specifications and other materials produced by the Conservation District in connection with the services rendered under this Agreement. The County shall be permitted to retain copies, including reproducible copies, of all such documents and materials for information, reference and use. Section 9. Compliance with laws. The Conservation District shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. Section 10. Indemnification. The Conservation District shall indemnify, defend at its own expense and hold harmless the County, its officers, employees and agents from all claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the Conservation District's negligence, omissions or breach of any of its obligations under this Agreement. The Conservation District specifically assumes potential liability for actions brought against the County by the Conservation District's employees, including all other persons engaged in the performance of any work or service required of the Conservation District under this Agreement and, solely for the purpose of this indemnification and defense, the Conservation District specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Conservation District recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. Section 11. Insurance. The Conservation District shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48.05: 1. Worker's Compensation and Employer's Liability Insurance as may be required by the State of Washington. 3 of 8 2. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $1,000,000 per occurrence in connection with Conservation District's performance of the contract, including: a. Owned Automobiles; b. Hired Automobiles; and c. Non -owned Automobiles. 3. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000.00) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($1,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; c. Broad Form Contractual/Commercial Liability — including: completed operations; d. Premises —Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. Said commercial automobile liability policy and general commercial liability policy shall name the County as an additional insured and shall include a provision prohibiting cancellation or reduction of coverage of said policy except upon thirty (30) days prior written notice to the County. Certificates of coverage as required by this Section shall be delivered to the County within thirty (30) days of execution of this Agreement. All insurance policies obtained by Conservation District in order to comply with this Section shall be primary as against any policy providing third party liability coverage or joint self- insurance obtained and retained by the County through its membership in a "Risk Pool." The coverage provided by the County through a Risk Pool shall be non-contributory to any insurance policy the Conservation District must obtain and retain. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. 4of8 Section 12. Independence. The Conservation District and the County agree that the Conservation District is an independent Contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. The Conservation District shall not be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to employee. Section 13. Assignments and Subcontracting. The Conservation District may sublet or assign any of the services covered by this Agreement with the express written consent of the County only. Section 14. Disputes. Differences, disputes and disagreements between the Conservation District and the County arising under or out of the Agreement will be brought to the attention of the County at the earliest possible time so that the matter may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance or compensation due the Conservation District will be decided by the County Administrator. All rulings, orders, instructions and decisions of the County Administrator will be final and conclusive. Solely for the purposes of this Agreement, the County and the Conservation District agree that any judicial appeal of the County Administrator's decision shall be governed both procedurally and substantively by RCW 34.05.510 et seq., also known as the Administrative Procedures Act, except that the State of Washington need not be named as a respondent or served pleadings in such a judicial action. Section 15. Termination. 1. The County reserves the right to terminate this contract in whole or in part, without prior written notice, in the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of this Agreement. In the event of termination under this clause, the County shall only be liable for payment for services rendered prior to the effective date of termination. 2. This Agreement may also be terminated as provided below: a. With 14 days' notice by the Board of County Commissioners (or their designee) for the Conservation District's default or non-performance of responsibilities under this Agreement. Conservation District may cure the default or non-performance during the 14 days that notice of termination is pending. The decision as to whether the Conservation District has cured the default or non-performance shall be made at the sole discretion of the County. b. With 14 days notice by the Conservation District by voluntary resignation. 5 of 8 Section 16. Modification. This Agreement may be modified at any time, only by written amendment executed by all parties. Section 17. Integrated Agreement. This Agreement together with attachments or addenda represents the entire and integrated Agreement between the County and the Conservation District and supersedes all prior negotiations, representations, or Agreements written or oral between the parties. Approved this day of 2017 Board of County Commissioners, Jefferson County Conservation District Jefferson County, Washington Board of Supervisors Kathleen Kler, Chair ATTEST: Carolyn Avery, Deputy Clerk of the Board Date Ch -�/Dto & ! e n d u.n+i n q-F'o rel APPROVE -<,1S TO FORM: f —2 12-2,c Date Michael Haas,aD to County Prosecutor 6of8 EXHIBIT A: SCOPE OF WORK SPECIAL PROJECT SERVICES TO JEFFERSON COUNTY TASK 1. Farm Conservation Planner Certification and Analvsis Tool Development —Farm Conservation Plans will help participating landowners identify resource concerns and implement agricultural Best Management Practices (BMPs) that support agriculture and protect or enhance functions or value of critical areas. Ag BMPs have been developed and field tested by NRCS and its associated research facilities and land grant colleges. Since adding a certified Farm Conservation Planner to JCCD staff in September 2016, requests for Farm Conservation Plans have increased —a result of word of mouth and referrals by Jefferson County Environmental Health. Funding supports completion of the NRCS training, requisite mentored farm plan and a supplemental riparian planner certificate for an additional JCCD resource specialist to become a certified Conservation Planner. • Funding supports development of a farm planning tool tailored to the critical area resource concerns specific to Jefferson County. TASK 2. Collaboration with Jefferson Countv and local partners on the Comprehensive Plan and CAO Update to review and assist in updating: a. The goals and policies for elements of the Comprehensive Plan that pertain to agriculture and natural resource protection and improvement; b. The agricultural provisions of CAO code that protect critical natural resources AND long-term viability of local agriculture. • Funding supports collaboration with Jefferson County DCD, Jefferson County Planning Commission, and local agricultural stakeholders to develop a CAO update with a mechanism for site and resource -specific adaptive management responses to resource concerns in critical areas on agricultural lands (i.e. Conservation Plans). TASK 3. On -Site Septic Cost -Share Assistance Program: JCCD has long partnered with Jefferson County Environmental Health to conduct long-term water quality monitoring, educate the public on factors that impact water quality, and to assist landowners in addressing resource concerns on their land. • Funding supports collaboration with Jefferson County Public Health to develop a prioritization and referral strategy for offering cost -share assistance to landowners for OSS repairs. TASK 4. Synthesis of Long-term Water Quality Data from Discovery Bay to detect watershed - scale trends and to analyze long-term effectiveness of water quality improvement and protection BMP's in East Jefferson. Funding supports Water Quality Technician staff time for data analysis and reporting to write The Discovery Bay Comprehensive Fish and Water Quality Report, which will serve as a tool for prioritizing water resource protection and improvement projects on a watershed scale. 7of8 EXHIBIT B: COMPENSATION SCHEDULE SPECIAL PROJECT SERVICES TO JEFFERSON COUNTY 1. Task Budget Task Amount Task 1- Planner Certification/Analysis Tool Development $ 17,000 Task 2- CAO Update Development $ 5,500 Task 3- On -Site Septic Cost -Share Assistance Program $ 10,000 Task 4- Synthesis of Long-term Water Quality Data from Discovery Bay $ 15,500 TOTAL $ 48,000 2. Invoice Schedule Invoice Date Invoice Amount April 1, 2017 $ 20,000 July 1, 2017 $ 15,000 September 1, 2017 $ 10,000 December 1, 2017 $ 3,000 TOTAL $ 48,000 8 of 8