HomeMy WebLinkAbout050117_ca06Consent Agenda
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Su Tipton, WSU Jefferson County Cooperative Extension
DATE: May 1, 2017
RE: Northwest Straits Marine Conservation Foundation & Jefferson County.
Project Title: Nearshore Education and Outreach Programs NWSF
agreement #:2017-2-Jeffco
STATEMENT OF ISSUE: NW Straits Foundation is requesting approval on the above
agreement. The effective date of the agreement is January 23,2017 through August 31, 2018.
ANALYSIS: The purpose of this funding is to provide coordination of landowner
cultivation, outreach and education for the NWSF Shoreline Armor Reduction Program and
expand community outreach by the Jefferson County MRC.
FISCAL IMPACT: No fiscal impact to Jefferson County.
RECOMMENDATION: Recommend Commissioners approve this Agreement.
DEPARTMENT CONTACT: Su Tipton, 360.379.5610 x 206
REVIEWED BY:
6Ziprle a or Date
Agreement between the
NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION
and
JEFFERSON COUNTY
Project Title: Nearshore Education and Outreach Programs
NWSF Agreement #: 2017-2-Jeffco
This Agreement is entered into between the Northwest Straits Marine Conservation Foundation,
referred to as "NWSF," a Washington non-profit corporation, located at 1155 N. State St. Suite
402, Bellingham, WA 98225 and Jefferson County, a municipal corporation, hereinafter referred
to as "COUNTY."
The purpose of this Agreement is for NWSF to provide funding for (1) coordination of
landowner cultivation, outreach, and education for the NWSF Shoreline Armor Reduction
Program in Jefferson County AND (2) expanded community outreach by the Jefferson County
Marine Resources Committee (MRC) as specified in the Scope of Work.
The source of funds for Task 1 is provided by the NWSF through the Environmental Protection
Agency — National Estuary Program (EPA -NEP, CFDA No. 66.123), from the Puget Sound
Marine and Nearshore Grant Program. The source of funds for Task 2 is provided by the NWSF
through its Citizen Science Opportunity Fund/private contributions.
IT IS MUTUALLY AGREED THAT:
1.0 Statement of Work. COUNTY shall furnish the necessary personnel, equipment,
material and/or services and otherwise do all things necessary for or incidental to performing
work set forth in the Scope of Work, Exhibit "A" attached hereto.
2.0 Period of Performance. The period of performance of this Agreement shall begin on
January 23, 2017 and end on August 31, 2018 unless terminated sooner as provided herein.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2017-2-Jeffco
Page 1 of 9
0100 00
3.0 Payment. The parties estimate that the cost of accomplishing the work will not exceed
fourteen thousand and five hundred and seventy dollars ($14,570). NWSF agrees to reimburse
the aforementioned amount to the COUNTY. Payment for satisfactory performance of work
shall not exceed this amount unless the parties mutually agree to a higher amount before
beginning any work that could cause the maximum payment to be exceeded. Payment for
services shall be based on COUNTY providing acceptable deliverables as noted in the Scope of
Work Exhibit "A."
4.0 Billing Procedures. COUNTY shall submit invoices at least quarterly and no more
frequently than monthly to:
Northwest Straits Foundation
1155 N. State St. Suite 402
Bellingham, WA 98225
Payment to COUNTY for approved and completed work will be made by warrant by the NWSF
within 30 days of receipt of the invoice, unless there is a question or need for additional
documentation, in which case resolution will be sought expeditiously. Receipts for reimbursable
expenses shall be provided to the Foundation upon request. Private vehicle reimbursement will
be at state -approved rates at the time of travel (http://www.ofm.wa.gov/resources/travel.asp). Per
diem reimbursement may not exceed state -approved rates.
5.0 Records Maintenance. The parties to this Agreement 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 Agreement
will be retained for six years after expiration and the Office of the State Auditor and any persons
duly authorized by the parties shall have full access to 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 Agreement to the
other party will remain the property of the furnishing party, unless otherwise agreed. The
receiving parry will not disclose this material to any third parties without first notifying the
furnishing party and giving it a reasonable opportunity to respond. Each party will use
reasonable security procedures and protections to assure that records and documents provided by
the other party are not erroneously disclosed to third parties.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2017-2-Jeffco
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6.0 Independent Capacity. The employees or agents of each party who are engaged in the
performance of 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 parry. Each parry to
this Agreement shall be responsible for its own acts and/or omissions and those of its officers,
employees and agents. The party who is responsible for acts and/or omissions shall hold the
other party harmless therefrom. COUNTY is not an agent of NWSF.
7.0 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.
8.0 Termination. Either party may terminate this Agreement by giving the other parry 30
days prior written notice. If this Agreement is terminated, the terminating party shall be liable to
pay only for those services provided or costs incurred prior to the termination date according to
the terms of this Agreement.
9.0 Termination for Cause. If for any cause either parry 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 15 working days to correct the violation
or failure. If the failure or violation is not corrected within 15 days, the aggrieved parry may
immediately terminate this Agreement by notifying the other parry in writing.
10.0 Disputes. In the event that a dispute arises under this Agreement, it shall be determined
by a Dispute Board in the following manner: Each party to this Agreement 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, agreement terms and
applicable statutes and rules and make a determination of the dispute. The determination of the
Dispute Board shall be final and binding on the parties hereto.
11.1 Governance. This contract is entered into under 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) Statement of Work; and
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2017-2-Jeffco
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(3) Any other provisions of the Agreement, including materials incorporated by
reference.
12.0 Assignment. The work to be provided under this Agreement and any claim arising from
this Agreement cannot be assigned or delegated in whole or in part by either party, without
express prior written consent of the other party. Neither party shall unreasonably withhold
consent.
13.0 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 this Agreement.
14.0 Indemnification. Each party shall defend, protect and hold harmless the other party
from and against all claims, suits and/or actions arising from any negligent or intentional act or
omission of that party's officials, employees, agents, and/or authorized subcontractor(s) while
performing this contract.
15.0 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.
16.0 Contract Management. The project coordinators for each of the parties shall be
responsible for and shall be the contact person for all communications and billings regarding the
performance of this Agreement.
17.1 Project Coordinators.
(1) The Project Coordinator for COUNTY is:
Cheryl Lowe
MRC Coordinator
WSU Jefferson County Extension
380 Jefferson Street
Port Townsend, WA 98368
Telephone: 360-379-5610 x 230
Email: cheryl.lowe(a-,wsu.edu
(2) The Fiscal Agent for COUNTY is:
Su Tipton
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2017-2-Jeffco
Page 4 of 9
Financial Coordinator
WSU Jefferson County Extension
380 Jefferson Street
Port Townsend, WA 98368
Telephone: 360-379-5610 x 206
Email: wsufinancial@co.jefferson.wa.us
(3) The Project Coordinator for NWSF is:
Lisa Kaufman
1155 N. State St. Suite 402
Bellingham, WA 98225
Telephone: 360-733-1725
Email: kaufrnan(c�nwstraitsfoundation.org
18.1 Deliverables. The Scope of Work, Exhibit "A" identifies the Project Deliverables.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2017-2-Jeffco
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IN WITNESS WHEREOF, the parties have executed this Agreement.
JEFFERSON COUNTY, WASHINGTON NORTHWEST STRAITS FOUNDATION
Chairperson Date
Board of County Commissioners
Jefferson County, Washington
ATTEST:
Clerk
Board of County Commissioners
Jefferson County, Washington
Date
Caroline Gibson
Executive Director
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roved as to fo Date
' e erso%CCounty Prosecutor's Office
Jefferson County, ashirigto� n`� k� jh� 4��
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2017-2-Jeffco
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Date
EXHIBIT A
Scope of Work
NWSF Contract #: 2017-2-Jeffco
Task 1: Shoreline Armor Reduction - Landowner Cultivation and Outreach
Up to four outreach events will be conducted at varying geographic scales including
neighborhoods, HOAs, embayments, etc. to provide enhanced education and outreach to
cultivate landowners with interest in removal of shoreline armor and protection of unarmored
shorelines. The primary outreach will be to residents of Discovery Bay with a focus on those
parcels identified through the NWSF "Best of the Best" feasibility assessment.
Deliverables:
1. Progress Report with all invoices.
2. Quarterly Progress Reports of outreach, coordination and communication activities
including copies of outreach materials, press releases, attendance information and
photos of the events, with the following deadlines:
Progress Report 1:
Progress Report 2:
Progress Report 3:
Progress Report 4:
Progress Report 5:
April 10, 2017
July 10, 2017
October 10, 2017
January 10, 2018
April 10, 2018
Progress Report 6: July 10, 2018
3. A final report of all activities completed as of August 15, 2018.
Deadline: September 15, 2018.
Budget for Task 1: $7,000.
Task 2: Expanded Jefferson County Marine Resources Committee (MRC) Community
Outreach Program
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2017-2-Jeffco
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The MRC will expand its outreach in three key project areas: rain gardens, derelict crab pot
prevention and sustainable shellfish harvesting events; in coordination with a seasonal,
temporary, part-time program assistant.
1. Rain Gardens: The Program Assistant will work with Jefferson MRC members and
school volunteers, the local Washington State University Extension rain garden specialist,
and teachers from at least two schools on rain garden installations on the MRC priority
list.
2. Digging for Dinner: Jefferson MRC will offer at least two Digging for Dinner programs
(safe and sustainable clam and other bivalve harvesting) in 2017.
3. Recreational Crabber Outreach: Jefferson MRC will organize and sponsor a crabber
education effort at local boat ramps during opening weekend of the summer 2017
crabbing season, in coordination with Clallam County MRC.
Deliverables:
1. Progress Report with all invoices.
2. Final Report that includes outreach, coordination and communication activities,
media coverage, press releases, attendance information and photos of the events.
Reporting deadlines are as follows:
Progress Report: July 10, 2017
Final Report: January 10, 2017.
Budget for Task 2: $7,570.
BUDGET NOTES and TOTALS
Total Budget: $14,570
1. Reimbursement for salary costs includes the County's indirect rate for the
administering department (26%).
2. The COUNTY may not shift costs between Tasks, but may adjust costs between
expense categories within each Task as long as all deliverables are met and each task
budget is not exceeded.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2017-2-Jeffco
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Task 1: Shoreline Armor Reduction - Landowner Cultivation and Outreach
Salaries Materials & Travel
Consultants
Totals $5,000 $1500 $250 $7,000
Task 2: Opportunity Fund Outreach
Salaries Materials Travel
Rain Gardens $5,170 $250 $50
Digging for Dinner $680 $0 $100
Crabber Education $1,020 $200 $100
Totals $6,870 $450 $250 $7,570
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County
NWSF Agreement # 2017-2-Jeffco
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