HomeMy WebLinkAbout091619_ca02 Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
DATE:
SUBJECT: NW Straits Foundation Agreement: Nearshore Education & Outreach
STATEMENT OF ISSUE:
Increase capacity for volunteers to engage in rain garden mentoring and maintenance of MRC
sponsored rain gardens-partnership with WSU Master Gardeners in Jefferson County. Provide
project support through volunteers with monitoring of NWSF's Shoreline Restoration
Effectiveness Monitoring Project. Provide assistance and coordination of Shore Friendly
Landowner Cultivation and outreach Project.
ANALYSIS:
These purposes support ongoing efforts in all three projects in Jefferson County. Monitoring
and maintaining of MRC rain gardens, Shoreline Restoration and Shore Friendly Landowner
Cultivation and educational outreach.
FISCAL IMPACT:
No fiscal impact, agreement will reimburse all expenditures.
RECOMMENDATION:
Recommend Board of Commissioners to approve this agreement.
REVIEWED BY:
rig ,,Philip Moriinty ' 4 -mis rator Date
Agreement between the
NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION
and
JEFFERSON COUNTY
Project Title: Nearshore Education and Outreach Programs
NWSF Agreement#: 2019-20-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."
Purpose
The purpose of this Agreement is for NWSF to provide funding for(1)increased capacity for
community volunteers to engage in rain garden mentoring and maintenance of MRC-sponsored
raingardens through partnership with WSU Master Gardeners in Jefferson County, (2)provide
project support through volunteer recruitment, training, and assistance with monitoring
activities for the NWSF's Shoreline Restoration Effectiveness Monitoring Project, (3)provide
assistance and local coordination in support of the Shore Friendly Landowner Cultivation and
Outreach Project.
Source of Funds
The source of funds for Task 1 is provided by the NWSF from non-federal private sources
through the donor-based MRC Opportunity Fund. The source of funds for Task 2 is provided by
the NWSF through the Environmental Protection Agency,Department of Interior CFDA No.
66.123, from the Washington Department of Fish and Wildlife Habitat Strategic Initiative. The
source of funds for Task 3 is provided by the NWSF though the Environmental Protection
Agency—National Estuary Program, Department of Interior CFDA No. 66.123, from the
Washington State Recreation and Conservation Office Estuary and Salmon Restoration
Program.
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.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County.NWSF Agreement#2019-20-JeffCo
ORIGINAL
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2.0 Period of Performance. The period of performance of this Agreement shall begin
on August 1, 2019 and end on March 30, 2021 unless terminated sooner as provided herein.
3.0 Payment. The parties estimate that the cost of accomplishing the work will not
exceed Twenty-Nine Thousand Thirty-Seven Dollars ($29,037.00). 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 by email to morgan@nwstraitsfoundation.org or by mail
to:
Jason Morgan, Marine Projects Manager
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 45 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
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County. NWSF Agreement#2019-20-JeffCo
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other party will remain the property of the furnishing party, unless otherwise agreed. The
receiving party 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.
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 party. Each
party 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 party 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 party does not fulfill in a timely and
proper manner its obligations under this Agreement, or if either party violates any of the terms
and conditions, the aggrieved party will give the other party written notice of the failure or
violation. The aggrieved party will give the other party 15 working days to correct the
violation or failure. If the failure or violation is not corrected within 15 days, the aggrieved
party may immediately terminate this Agreement by notifying the other party 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.
11.0 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 between the Northwest Straits Marine Conservation Foundation
and Jefferson County. NWSF Agreement#2019-20-JeffCo
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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
(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.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County. NWSF Agreement#2019-20-JeffCo
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17.1 Project Coordinators.
(1) The Project Coordinator for COUNTY is:
Cheryl Lowe
MRC Coordinator
WSU Jefferson County Extension
121 Oak Bay Rd
Port Hadlock, WA 98339
Telephone: 360-379-5610 x 230
Email: cheryl.lowe@wsu.edu
(2) The Fiscal Agent for COUNTY is:
Su Tipton
Financial Coordinator
WSU Jefferson County Extension
121 Oak Bay Rd
Port Hadlock, WA 98339
Telephone: 360-379-5610 x 206
Email: wsufinancial@co.jefferson.wa.us
(3) The Project Coordinator for NWSF is:
Jason Morgan
1155 N. State St. Suite 402
Bellingham, WA 98225
Telephone: 360-733-1725
Email: morgan@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#2019-20-JeffCo
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IN WITNESS WHEREOF, the parties have executed this Agreement.
JEFFERSON COUNTY,WASHINGTON NORTHWEST STRAITS FOUNDATION
Kate Dean, Chairperson Date Don Hunger Date
Board of County Commissioners Executive Director
Jefferson County, Washington
ATTEST:
Clerk Date
Board of County Commissioners
Jefferson County, Washington
Approved as to form. D e
Philip C. Hunsucker
Civil Deputy Prosecuting Attorney
Jefferson County Prosecutor's Office
Jefferson County, Washington
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County.NWSF Agreement#2019-20-JeffCo
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EXHIBIT A
Scope of Work
NWSF Contract#: 2019-20-JeffCo
Task 1: Building Community Rain Garden Capacity
The goal of this task is to build increased capacity for community volunteers to engage in rain
garden mentoring and maintenance of MRC-sponsored rain gardens through a partnership with
WSU Master Gardeners in Jefferson County. Activities will include a one-day training for
landscapers and active Master Gardeners resulting in increased interest and capacity for rain
garden installation; consultation by a rain garden expert to guide development of the training;
one new rain garden installed in a neighborhood association location; and recruitment of
volunteers to serve as rain garden mentors.
Deliverables:
1. Progress Report with all invoices.
2. Final Report including tasks accomplished, copies of training curriculum, names of
program participants, copies of PR and photos of newly installed rain garden.
Final Report Due: May 31, 2020
Budget for Task 1: $9,997.00
Timeline: September 1, 2019 —May 31, 2020
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County. NWSF Agreement#2019-20-JeffCo
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Task 2: Shoreline Restoration Monitoring at Fort Townsend State Park and Discovery
Bay.
The MRC will provide project support to the NWSF including volunteer recruitment,
coordination, and assistance with implementation of monitoring parameters at the Fort Townsend
State Park and Discovery Bay shoreline restoration projects.
Task 2.1 Coordination and Reporting—Recruit, train, and coordinate volunteers to conduct
monthly forage fish surveys and annual large woody debris, beach wrack, and insect prey
surveys. Coordinate with landowners for property access to conduct monitoring activities.
Track and submit data to NWSF for processing, storage, and analysis. Quarterly reporting of
activities and invoicing to NWSF.
Task 2.1 Budget: $4,400.00
Task 2.2 Monitoring Implementation—Oversight and participation in conducting
monitoring surveys.
Task 2.2 Budget: $1,620.00
Deliverables:
1. Quarterly submission of invoices and progress reports including number of volunteers
and volunteer hours, and submission of collected data with the following deadlines:
October 5, 2019; January 5, 2020; April 5, 2020; July 7, 2020; October 5, 2020;
January 5, 2021
Total Budget for Task 2: $6,020.00
Timeline: September 1, 2019 —December 31, 2020
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County. NWSF Agreement#2019-20-JeffCo
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Task 3: Shore Friendly Landowner Cultivation and Outreach.
The MRC will provide assistance and local coordination for workshops, outreach events, and
landowner cultivation to support the efforts of reducing impacts of shoreline armor and protection
of unarmored shorelines. MRC will also assist with coordination of project partners and specific
landowners where armor removal opportunities may be pursued.
Deliverables:
1. Quarterly submission of invoices and progress reports of all outreach, coordination and
communication activities with the following deadlines:
January 5, 2020; April 5, 2020; July 7, 2020; October 5, 2020; January 5, 2021; April 5,
2021.
Budget for Task 3: $7,000.00
Timeline: September 1, 2019—March 30, 2021
Total Contract Budget: $29,037.00
The County MAY NOT shift costs between tasks or subtasks.
Agreement between the Northwest Straits Marine Conservation Foundation
and Jefferson County. NWSF Agreement#2019-20-JeffCo
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