Loading...
HomeMy WebLinkAboutWashington State Department of Fish and Wildlife and Clallam County (Interlocal) - 031918615335 PGS•7 AGR "�' •'� 04102/2018 03:27 PM $80.00 JEFFERSON COUNTY ENVIRONMENTAL HEALTF ' Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor mill FIMPOW, ANA VAER %%6:,1WWk411111 RETURN ADDRESS r Please print neatly or type information DOCUMENT TITLE REFERENCE NUMBERS (S) OF RELATED DOCUMENTS GRANTOR (S) (Last, First and Middle Initial) GRANTEE (S) (Last, First and Middle Initial) Additional Reference #'s on page Additional grantor on page Additional grantee on page LEGAL DESCRIPTION (Abbreviated form: i.e. lot,block,plat or section,township,range,quarter/quarter) Additional legal on page ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER Additional parcel #'s on page The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date aq.Sox . c �] .3 Interlocal Agreement '�rxo Regarding Clallam County and Jefferson County North Pacific Coast MRC Implementation WHEREAS, Chapter 36.125 RCW provided authority for the Washington Department of Fish and Wildlife (WDFW) to create a new program to provide support for the development, administration, and coordination of coastal Marine Resources Committees (MRCS) and MRC - sponsored projects that benefit coastal and marine resources; and WHEREAS, Clallam County and Jefferson County approved a joint resolution on September 15, 2009 to form the North Pacific Coast Marine Resources Committee (NPC MRC) under Chapter 36.125 RCW; and WHEREAS, the Washington Department of Fish and Wildlife (WDFW) has contracted with Jefferson County (WDFW #17-09766) to implement the North Pacific Coast Marine Resources Committee; and WHEREAS, the Interlocal Cooperation Act (Chapter 39.34 RCW) provides authority for governmental entities to exercise their respective powers jointly through intergovernmental agreements; NOW, THEREFORE, it is mutually agreed that: Jefferson County contracts with Clallam County to participate with Jefferson County in meetings and educational outreach activities to support the North Pacific Coast Marine Resources Committee, as outlined in the attached scope of work (Exhibit A), consistent with the grant contract between Jefferson County and the Department of Fish and Wildlife #17-09766 and Jefferson County will compensate Clallam County up to the sum of $13,500.00 in fiscal years 2017-2019 for the activities and products detailed in Exhibit A. Each of the Counties will name an administrator for this Agreement who will also represent that County on the Committee. Their names and job titles are listed here: Deborah Kucipeck, Planner II Tami Pokorny, Environmental Health Specialist II Any personal property purchased or leased by a County and used in furtherance of this Agreement shall remain the property of the purchasing or leasing County or with the State of Washington consistent with WDFW #17-09766. Jefferson County will be responsible for maintaining the NPC MRC roster with the exception of the Clallam County administrator named above and the three local residents from Clallam County which will be appointed by Clallam County. Jefferson County and Clallam County will Jefferson / Clallam County Coastal MRC Interlocal Agreement 2017-19 coordinate to ensure that the voting membership, to include a total of six local residents, three from each county, represent all four of the following categories: Conservation/Environmental Groups Recreational Groups Economic Groups Scientific Community This agreement will terminate no later than June 30, 2019. Both parties may terminate this agreement upon 30 days' notice to the director of Clallam County Community Development or the director of Jefferson County Public Health for any reason. To the extent of its comparative liability, each County agrees to indemnify, defend and hold the other County, its elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed officials, employees, agents or volunteers. A County shall not be required to indemnify, defend, or hold the other County harmless if the claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or death or for any damage to or destruction of any property (including the loss of use resulting therefrom) is caused by the sole act or omission of the other County. In the event of any concurrent act or omission of the Counties, negligent or otherwise, these indemnity provisions shall be valid and enforceable only to the extent of each County's comparative liability. The Counties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved by voluntary settlement and the Counties cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration. If mutual indemnification language is used and includes a "waiver" of immunity under the Washington State Industrial Insurance Act, RCW Title 51 or other workmen's compensation, disability or benefit acts, the following language should be used to maintain basic workmen's compensation protection for the County: The indemnification obligations of the Counties shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act. Each County hereby expressly waives any immunity afforded by such acts to the extent required by a County's obligations to Jefferson / Clallam County Coastal MRC Interlocal Agreement 2017-19 2 indemnify, defend and hold harmless the other County. A County's waiver of immunity does not extend to claims made by its employees directly against the County as employer. The foregoing indemnification obligations of the Counties are a material inducement to enter into this Agreement and have been mutually negotiated. This agreement may be amended by the mutual written agreement of both parties. The basis for amending or terminating this agreement may be an increase or decrease in project funding, addition of required tasks not addressed in this agreement, or other items affecting the planning process required under Chapter 36.125 RCW. The effective date of this agreement shall be July 1, 2018. This document may be executed in counterparts, each of which will have the same force and effect of the original. SIGNED this 114 day of ' % akC� , 2018. JEFFERSON COUNTY DATE: 3/ �1? BY:, � L " �Y- CLALLAM COUNTY DATE: POSITION: POSITION--- BY: �4� B, POSITION: P( BY: B T POSITION. APPROVED AS TO FORM: Apjved as orm: V" - �= _ Date: t Philip C. H nsucker, Chief Civil Deputy Prosecut g Attorney Jefferson County Prosecuting Attorney's Office POO I l lt/15. APPROVED AS TO FORM: Jefferson / Clallam County Coastal MRC Interlocal Agreement 2017-19 3 indemnify, defend and hold harmless the other County. A County's waiver of immunity does not extend to claims made by its employees directly against the County as employer. The foregoing indemnification obligations of the Counties are a material inducement to enter into this Agreement and have been mutually negotiated. This agreement may be amended by the mutual written agreement of both parties. The basis for amending or terminating this agreement may be an increase or decrease in project funding, addition of required tasks not addressed in this agreement, or other items affecting the planning process required under Chapter 36.125 RCW. The effective date of this agreement shall be July 1, 2018. This document may be executed in counterparts, each of which will have the same force and effect of the original. SIGNED thisM`4 day of "Yk�cr�yli , , 2018. JEFFERSON COUNTY DATE:7F3 BY: alp Sid POSITION: :' POSITION: :• POSITION: APPVEDAS TO FORM: CLALLAM COUNTYrl DATE: BY: d 04 POSITION: fix- C32�� BY: POSITION: BY: POSITION: APPROVED AS TO FORM: &J- ap" 4,2 -,1 is Jefferson / Clallam County Coastal MRC Interlocal Agreement 2017-19 3 North Pacific Coast Exhibit A Scope of Work North Pacific Coast Marine Resources Committee (MRC) The following are tasks in contract WDFW Contract #17-09766 that require joint actions of both Jefferson and Clallam counties, and for which Clallam County will be compensated in the total amount of $13,500.00 during 2017-2019. Jefferson County Allocation (WDFW Contract #17-09766) Amount Payroll $ 12,00.00 Travel $ 1,500.00 Supplies $ 00.00 $ 13,500.00 TOTAL: Task 1: Two -County Partnership Deliverable 1(a): Participate in the development of an inter -local agreement (ILA) to formalize the two -county partnership for the NPC MRC. Deliverable 1(b): When scheduling allows, attend monthly MRC meetings in Forks, the annual Coastal MRC Summit, and any other coastal MRC related meetings or events that may be scheduled. Deliverable 1(c): Participate in the development and implementation of annual MRC outreach events. Jefferson / Clallam County Coastal MRC Interlocal Agreement 2017-19 4 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHt6AWOrAenda February 26, 2018 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Health Director Tami Pokorny, Environmental Health Specialist DATE: SUBJECT: Agenda Item —Interlocal Agreement with Clallam County WA Dept. to Fund/ Support of North Pacific Coast Marine Resources Committee (NPC MRC) meetings and educational outreach projects; July 1, 2018 — June 30, 2019; $13,500 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of Interlocal Agreement with Clallam County to participate in meetings and educational outreach activities to support North Pacific Coast Marine Resources committee; July 1, 2018 — June 30, 2019; for a total of $13,500 ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: In the current WDFW agreement #17-09766, there are tasks included in the scope of work that require joint actions of both Jefferson and Clallam counties. Clallam County will be compensated in the total amount of $13,500 over the contract period. These duties include: participation in the development of and inter -local agreement to formalize the two -county partnership for the NPC MRC; attend, when scheduling allows, monthly meetings in Forks, the annual Coastal MRC Summit, and any other coastal MRC related meeting or events that may be scheduled; participate in the development and implementation of annual MRC outreach events. FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for the Interlocal Agreement, Clallam County NPC MRC is provided by the WDFW Coastal MRC Program, contract #17-09766. There is no impact to the Jefferson County General Fund for this agreement and there are no match requirements. RECOMMENDATION: JCPH Management recommends BOCC signature of the Interlocal Agreement with Clallam County to Fund Support of North Pacific Coast Marine Resources Committee (NPC MRC) and its Projects; July 1, 2018 — June 30, 2019; for a total of $13,500 R EVI E BY: , Morley, Co Date community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 615 Sheridan Street Port, Townsend, WA 98368 Affoson www. Jeff ersonCountyPublicHealth.org C"t Public He9alt 1'9 - o b3 FEB 2 7 2010 wQ-18-28 CONTRACT REVIEW FORM j�k,k, al CONTRACT WITH: Interlocal Agreement Clallam County NPC MRC CONTRACT FOR: Support North Pacific Coast outreach TERM: activities COUNTY DEPARTMENT: For More Information Contact Contact Phone #: July 1, 2018 — June 30, 2019 Jefferson County Public Health Tami Pokorny X498 RETURN TO: Jenny Matter RETURN BY: ASAP AMOUNT: $13,500 Revenue Expenditure: $13,500 Matching Funds Required: Source(s) of Matching Funds: Amendment adds this amt. to Original contract amount WDFW funds WDFW#17-09766 Step 1: REVIEW BY RIS Review by: Date Reviewe, a APPROVED FORM Comments: PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Work Roster ❑ Vendor List Bid ❑ RFP or RFQ ❑x Other: Interlocal Agreement 'tl Returned for revision (See Comments) Step 2: REVIEW BY PROS�UJIN ATO NEY Review by: Date Reviewed: / APPROVED AS TO FORM Ll Returned for revision (See Comments) Comments: (This form to stay with contract throughout the contract review process) Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 Wasaiqto^ Department of FISH ""x WILQQFF, TITLE: CONTRACTOR: TYPE: INTERAGENCY AGREEMENT 17-19 North Pacfic MRC Jefferson County Payable / Goods and Services / Interlocal VVOFVUNUMBER: CONTRACT PERIOD CONTRACTVALUE 17-X3700 0701/2017k)0600/2019 A. PARTIES TO THIS CONTRACT This ContraJ is �entered 'into between the Washington State Department of Fish and Wildlife (WDFW), 600 Capitol Way North, Olympia, WA 98501-1091; and Jefferson County (Contractor), PO Box 1220, Port Townsend, WA 98368; and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE 0F CONTRACT This contract sets out the terms and conditions by which the Contractor shall provide goods and/or services to WDFW C.The Contractor shall perform epn�e�asdesohbodinAttachments, wh�hare inoo hnreinbythi� reference: Attaohmant'A-Genona|TennuandConditiona Attauhment-B'Contract/Project Summary Attachment 'C -Statement ofWork /l PERIOD, OF PERFORMANCE " ~ nor on O701/2D17and terminate on 06/3012010. No no performance period "'"= "" "~'~~`~'—oommaexpenditures made before orafter this period are eligible for reimbursement u»\�ao incorporated �vbywrbban amendment into this Contract. The Contract may be terminated or the performance period extended pursuantto terms set forth inAttachment 'A. E. FVVfnr�hiopn�ec�sh�Unot*xoeed�8U.00O.OD.TheContoa�o/shaUbe The total uoow`u p/uv/uu» by WD FW responsible for all project costs a»ceed|ng this amount. Only eligible reimbursement activities that are in direct oupp#dof1hepn�ec�deiiv��b|eo|denh�ed|nm�Contraut will be Any addiUnna|oami«eaPnzmded bythe Contractor muethave prior written approval cdVVDFVV. Compensation for services rendered shall bepayable upon receipt of properly completed invoices, which shall bo submitted to the Project Manager by the Contractor not more often than monthly. The invoices shall describe and ub ittedto\hePr/VeotWanoQerbytheContractornotmprenkenthaomonth|y.Thoinvoioonsna||oescnoaano document to WDFW's satisfaction a description of work performed, activities accomplished, or the progress of the project. The rates shall b in accordance with those herein agreed to. Payment mho||beoonyidenedUme|yifmadabyVVDFVVwi\h)n3OdaysaRe/raceiptof propedycompleted invoices. Payment shall basent kuthe address designated by the Contractor. VDFVmmy in i ta sole discretion, terminate the contract orwithhold paymmnkclaimed by the Contractor for the services rendered ifthe Contractor fails to - satisfactorily comply with any term orconditions ofthis contract. F. All '�n:"and obligations ~'" the parties - this -- subjectre . which are incorporated herein bythis reference. Bysign|nA this Contract the Contractor acknowledges that they [lave read, (uUy understand, and agree to be bound by all terms and conditions set forth in this Contract RULES AND WDFW POLICIES G. The Contractor shall comply with, all applicable state, federal, and local laws andregulations, including published WDFW policies, while performing under this Contract PAGE H. ORDER OF PRECEDENCE In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: Applicable Federal and State of Washington statutes and regulations. Special Terms and Conditions as contained in this basic contract instrument. Attachment - A - General Terms and Conditions. Any other provision, term or material incorporated herein by reference or otherwise incorporated. 1. CONTRACT REPRESENTATIVES The below named representatives for each of the parties shall be the contact people for all communications and billings regarding the performance of this Contract. All written communications regarding this Contract shall be sent to the designated representatives at the addresses below unless notified in writing of any change. Contractor's Representative Tami Pokorny Jefferson County Water Quality and Environmental Health Port Townsend WA 98368 360-379-4498 tpokorny@co.jefferson.wa.us WDFW's Representative Amy Spoon 48 Davonshire Road Montesano, WA 98563 360-249-4628 ext 1228 amy, spoon@dfw.wa. gov J. :ENTIRE CONTRACT This Contract, along with all attachments and exhibits, constitutes the entire agreement of the parties. No other understandings, verbal or otherwise, regarding this Contract shall exist or bind any of the parties. K. APPROVAL This contract shall be subject to the written approval of WDFW'S authorized representative and shall not be binding until so approved. This Contract may be altered, amended, or waived only by a written amendment executed by both parties. IN WITNESS WHERE, WDFW and the Contractor have signed this contract. JEFFERSON COUNTY SIGNATURE AND DATE ? ,- o.11 t� m % ki irr ._...... PRINTED NAME AND TITLE Appr ed as to fo m: e 711 f► - Date: ---v C. Hunsucker, Chief Civil Deputy Prose riling Itp PP g Attorney Jefferson County Prosecuting Attorney's Office WDFW #17-09766 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE SIGNATU AN ATE J•: ftTty R. Hugdaht CordmL;I.s and P4rchasil y MagW PRINTED NAME AND TITLE PAGE 2 Attachment A - GENERAL TERMS AND CONDITIONS Interagency Agreements DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: A. "AGENCY" or"WDFW" shall mean the Department of Fish and Wildlife of the State of Washington, any division, section, office, unit or other entity of the AGENCY, or any of the officers or other officials lawfully representing that AGENCY. B. "AGENT" shall mean the Director, and/or the delegate authorized in writing to act on the Director's behalf. C. "CONTRACTOR" shall mean that firm, provider, organization, individual or other entity performing service(s) under this contract, and shall include all employees of the CONTRACTOR. D. "RCW" shall mean the Revised Code of Washington. All references in the contract to RCW chapters or sections shall include any successor, amended or replacement statutes. E. "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is performing all or part of those services under this contract under a separate contract with the CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" means SUBCONTRACTOR(s) in any tier. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the AGENCY. AMENDMENTS This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. ASSIGNMENT - Neither this contract, nor any claim arising under this contract, WDFW #17-09766 shall be transferred or assigned by the CONTRACTOR without prior written consent of the AGENCY. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The CONTRACTOR shall not use or disclose any information concerning the AGENCY, or information that may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the AGENCY, or as may be required by law. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. DISPUTES In the event that a dispute arises under this contract, it shall be determined by a Dispute Board in the following manner: Each party to this contract 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, contract terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process and if applicable, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. DUPLICATE PAYMENT The AGENCY shall not pay the CONTRACTOR, if the CONTRACTOR has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. ENTIRE AGREEMENT This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto, EQUIPMENT MANAGEMENT For the purposes of this contract, "Inventorlable Equipment„ shall mean a tangible asset which has a service life of more than one year and with a unit cost of $5,000 or greaten and tangible assets with a unit cost of more than $300 that the AGENCY considers "small and attractive," such as engines; chain saws, communications equipment, global position systems, optical devices, cameras, microcomputer and related systems, and video equipment; and firearms, boats and motorized vehicles of any value. PAGE 3 If the CONTRACTOR uses contract funds to purchase Inventoriable Equipment, title to that Inventoriable Equipment shall be held by the AGENCY unless otherwise specified in this contract. The AGENCY's Inventoriable Equipment provided to the CONTRACTOR shall be used only for the performance of this contract. Title to the AGENCY's Inventorlable Equipment shall remain with the AGENCY. The CONTRACTOR shall take reasonable steps to account for and protect Inventoriable Equipment from loss or damage; report to the AGENCY any loss or damage of such property; and take reasonable steps to protect such property from further damage. The CONTRACTOR shall surrender to the AGENCY all Inventoriable Equipment either provided by the AGENCY or purchased with contract funds upon the completion or termination of this contract. FiNAL INVOICE The CONTRACTOR shall submit the final invoice not later than 60 calendar days from the end of the contract period. GOVERNING LAW This contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. HOLD HARMLESS Each party to this contract will be assigned, and assume responsibility for any damages to third parties that are attributable to the negligent acts or omissions of the individual party. Both parties agree, to the extent permitted by law, to defend, protect, save and hold harmless the other party, its officers, agents, and employees from any and all claims, costs, damages, and expenses suffered due to each party's own actions or those of its agents or employees in the performance of this contract. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this contract 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. NONDISCRIMINATION During the performance of this contract, both parties shall comply with all federal and state nondiscrimination laws, regulations and policies. In the event of the CONTRACTOR'S non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the AGENCY. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. WDFW 1117-09766 PREVAILING WAGE If any work performed by subcontractors is subject to Chapter 39.12 of the Revised Code of Washington, the CONTRACTOR shall ensure that its subcontractors pay the prevailing rate of wages to all subcontractor workers; laborers or mechanics in the performance of any part of the work described in the contract in accordance with state law and Department of Labor and Industries rules and regulations. RECORDS MAINTENANCE The panties to this contract 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 contract will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access 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 contract to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the fumishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHT OF INSPECTION The CONTRACTOR shall provide right of access to its facilities to the AGENCY, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. RIGHTS IN DATA Unless otherwise provided, data which originates from this contract shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AGENCY. 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 copyright, patent, register and the ability to transfer these rights, SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the PAGE 4 AGENCY may terminate the contract under the "Termination for Convenience" clause, without the ten-day notice requirement, subject to renegotiation at the AGENCY'S discretion under those new funding limitations and conditions SEVERABILITY The provisions of this contract are intended to be severable, If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. SUBCONTRACTING Neither the CONTRACTOR nor any SUBCONTRACTOR shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the AGENCY. In no event shall the existence of the subcontract operate to release or reduce the liability of the CONTRACTOR to the AGENCY for any breach in the performance of the CONTRACTOR'S duties. This clause does not include contracts of employment between the CONTRACTOR and personnel assigned to work under this contract. Additionally, the CONTRACTOR is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this contract are carried forward to any subcontracts. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as provided by law. V%T)FW 1417-09!GU TERMINATION Either party may terminate this contract upon 30 -days' prior written notification to the other party. If this contract is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this contract prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this contract, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 -working days. If failure or violation is not corrected, this contract may be terminated immediately by written notice of the aggrieved party to the other. WAIVER Waiver of any default or breach shall not be deemed a waiver of any subsequent default or [)reach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing and signed by authorized representative of the AGENCY. PACE 5 Attachment B - CONTRACT/PROJECT SUMMARY TITLE: 17-19 North Pacfic MRC WDFW CONTRACT NUMBER: 17-09766 PERIOD: 07/01/2017 to 06/30/2019 WDFW MANAGER: Amy Spoon 360-249-4628, ext 1228 CONTRACTOR: Jefferson County CONTRACTOR CONTACT: Tami Pokorny 360-379-4498 CONTRACT TYPE: Payable / Goods and Services Interlocal SUMMARY CONTRACT DESCRIPTION: The purpose of this contract is to support the administrative capacity for the North Pacific County Marine Resources Committee (MRC) and provide funds for the MRC to participate in meetings of the Washington Coastal Marine Advisory Council (WCMAC) and projects. The goal of the Coastal MRC Program is to understand, steward, and restore the marine and estuarine ecological processes of the Washington coast in support of ecosystem health, sustainable marine resource-based livelihoods, cultural integrity, and coastal communities. This contract addresses the following program benchmarks; Education and Outreach, Coastal Communities, Marine Habitats, Marine Life, Marine and Freshwater Quality, and Sound Science. Master Index Number(s): 12717 CFDA Number Award Year _ Award Number Research & Development? NotApplicable ---------------------- ---------- ------------ ____.W______ ___-_-_- --____-____.____----_ WDFW #17-09766 PAGE 6 STATEMENT {}FWORK 17'18COASTAL MRC- NORTH PACIFIC COAST MRC 07N1/2017 -08O012019 SUMMARY PROJECT DESCRIPTION The purpose of this contract is to support the administrative capacity for the North Pacific CountyMarine Resources `-mm|Moe(KRC)and provide funds for the MRC hoparticipate inmeetings 0f the Washington Coastal Marine Advisory --unoi|`VCKAC^and projects. The goal Vfthe Coastal MRC Program isbunderstand, stewond.mnd ~~tonath-mahn- andeo[ahDe000|oQ|oa|pmcesgosof\haVashin8toncn8a1|noupportofecooyotemhealth, sustainable marine resource-based livelihoods, cultural integrity, and Coastal COMMUnities. This contract addresses the following program benchmarks: Education and Outreach, Coastal Communities, Marine Habitats, Marine Life, Marine and Freshwater Quality, and Sound Science. PROJECT STATEMENT OFWORK: Contract Award for FY2O1Uand FY2O1S: $80.000 The following tasks are required for the completion ofthis contract, Ooerahnno^Task 1: MRC Coordination ]^'��nnCnu�ywill omv�nMRC cnondin�Orouppo�for the MRC. Th�indudeoplanning, mQani�ng'and -�`-8meetings, -m�ingand didhactivity activities, ~~^�ThoMRConordinatorwi||manogatasksofUl8MRC.a ' work (ovolunteers, and assure timely completion 0fwork and final reports. The MRC coordinator igalso m� sp�n�leknco0rd|nanng with VVDFVYand completing contract deliverables, Additionally, the MRC coordinator will maintain and develop outreach tools to communicate with the MRC and the public regarding activities and accomplishments. Cost: $80,000 Deliverable 1a: Name and contact information for the MRC Coordinator and County contacts. (Due November 15.2U17and October 1S.201B) DnUvomb|o1b: FY18and FY18project budget8ndwn[kp|an.(DuoDeoomber15.2O17andOdDbor15, 2018, respectively) Deliverable 1c: Annual Report form that includes aumme[ynfactions completed inthe first quarter, aS well as a list of prioritized recommendations for future action. This information will be included in the annual Report hothe Legislature. (Due October 31.2O17and October 31'2O18for each FY) Deliverable 1d: Submit quarterly progress reports on the Quarterly Report Form describing the progress and barriers for each contract deliverable, Umd�odmpn�bemp|�eSwiU6osent out VzuoOndiDaNneinthe case o/acontract amendmmnt(Due October 15.January 15.April 15.and July 1Oofeach FY) Deliverable 1e: If revised, submit a list of county appointed MRC board members including full name, organization and MRC seat representation. Approved Ground Rules and By Laws, (Due July 10, 2018 and July 1O,2O1A) Deliverable 1f: As necessary, send WDFW coordinator updates for program website and develop additional outreach tools, (Due aunecessary) Deliverable 18: Afinal report that includes prioritized recommendations for future actions and products for MRC development, a description of challenges and growth over the past year, and ideas on new ways to utilize the MRC toimplement the Coastal MRC Program Priorities. (Due July 1O.2010and July 10.2019) - - �� PAGE WDFW #17-09766 Operations — Task 2: Two -County Partnership Develop an Inter -local agreement (ILA) to formalize the two -county (Jefferson and Clallam) partnership for a "West End" MRC. Cost: included under Task 1 "MRC Coordination." Deliverable 2a: ILA signed by Jefferson and Clallam Counties. (Due May 1, 2018) Projects — Task 1: Washington Coastal Marine Advisory Council Representation The MRC will designate one representative to attend the regular Washington Coastal Marine Advisory Council (WCMAC) meetings, The designee will represent the MRCs interests and perspectives on behalf of the entire MRC membership, share updates on local issues and activities, learn about regional and state agency activities, coordinate on shared interests, and then report key items back to the MRC. NPC MRC may cooperate with the WCMAC on projects and recommendations. The MRC will support one representative's mileage at the per diem rate to and from each meeting. This task addresses the program benchmarks: Education and Outreach and Coastal Communities. Cost: $0 for this funding term Deliverable 1 a: A brief summary describing the MRC's WCMAC participation and representation at each meeting. (Due June 30, 2018 and June 30, 2019) PAG£ 8 WDFW #17-09766