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HomeMy WebLinkAboutWashington Department of Fish and Wildlife - 111819 JIIP 'api(41 IS‘' 1 r ntof FISH a a INTERAGENCY AGREEMENT ` 1- 11WILDLIFE TITLE: North Pacific MRC 19-21 WDFW NUMBER: 19-14171 CONTRACTOR: Jefferson County CONTRACT PERIOD: 07/01/2019 to 06/30/2021 TYPE: Payable/Goods and Services/Interlocal CONTRACT VALUE: $40,800.00 A. PARTIES TO THIS CONTRACT This Contract 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 OF CONTRACT This contract sets out the terms and conditions by which the Contractor shall provide goods and/or services to WDFW. C. DESCRIPTION OF PROJECT The Contractor shall perform the project as described in Attachments, which are incorporated herein by this reference: Attachment-A-General Terms and Conditions Attachment- B-Contract/Project Summary Attachment-C-Statement of Work D. PERIOD OF PERFORMANCE The performance period under this Contract shall commence on 07/01/2019 and terminate on 06/30/2021. No expenditures made before or after this period are eligible for reimbursement unless incorporated by written amendment into this Contract. The Contract may be terminated or the performance period extended pursuant to terms set forth in Attachment-A. E. COMPENSATION/PAYMENT The total dollars provided by WDFW for this project shall not exceed $40,800.00.The Contractor shall be responsible for all project costs exceeding this amount. Only eligible reimbursement activities that are in direct support of the project deliverables identified in this Contract will be reimbursed. Any additional services provided by the Contractor must have prior written approval of WDFW. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted to the Project Manager by the Contractor not more often than monthly. The invoices shall describe and document to WDFW's satisfaction a description of work performed, activities accomplished, or the progress of the project. The rates shall be in accordance with those herein agreed to. Payment shall be considered timely if made by WDFW within 30 days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. WDFW may, in its sole discretion, terminate the contract or withhold payments claimed by the Contractor for the services rendered if the Contractor fails to satisfactorily comply with any term or conditions of this contract. F. RIGHTS AND OBLIGATIONS All rights and obligations of the parties of this Contract are subject to this Contract, including the Attachments, which are incorporated herein by this reference. By signing this Contract the Contractor acknowledges that they have read, fully understand, and agree to be bound by all terms and conditions set forth in this Contract. WDFW 19-14174 PAGE 1 ~ G. COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND WDFW POLICIES The Contractor shall comply with, all applicable state, federal, and local laws and regulations, including published WDFW policies, while performing under this Contract 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. L 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(cr�co.jefferson.wa.us WDFW's Representative Amy Spoon WDFW Region 6 48 Devonshire Road Montesano, WA 98563 360-249-4628 amy.spoon(a�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 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE \C1)1()VI //h/i SIGNATURE AND DATE SIGNATUR N ATE 'e Je ey R.Hugd. 1 jLo'k b� /� , £ ke ( Contract andPurchasq, . PRINTED NAME AND TITLE PRINTED NAME AND TITLE Ankoved as t for only: C. at y Date: /1/if d Philip C. Hunsucker,Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office WDFW 19-14174 PAGE 2 • Attachment A- GENERAL TERMS AND CONDITIONS Interagency Agreements DEFINITIONS shall be transferred or assigned by the CONTRACTOR without As used throughout this contract,the following terms shall prior written consent of the AGENCY. have the meaning set forth below: CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "AGENCY" or"WDFW"shall mean the Department of The CONTRACTOR shall not use or disclose any information Fish and Wildlife of the State of Washington, any concerning the AGENCY, or information that may be classified division,section,office, unit or other entity of the as confidential,for any purpose not directly connected with the AGENCY,or any of the officers or other officials lawfully administration of this contract,except with prior written representing that AGENCY. consent of the AGENCY,or as may be required by law. B. "AGENT"shall mean the Director, and/or the delegate DISALLOWED COSTS authorized in writing to act on the Director's behalf. The Contractor is responsible for any audit exceptions or C. "CONTRACTOR"shall mean that firm, provider, disallowed costs incurred by its own organization or that of its organization, individual or other entity performing Subcontractors. service(s)under this contract, and shall include all DISPUTES employees of the CONTRACTOR. In the event that a dispute arses under this contract,it shall be D. "RCW"shall mean the Revised Code of Washington.All determined by a Dispute Board in the following manner: Each references in the contract to RCW chapters or sections party to this contract shall appoint one member to the Dispute shall include any successor, amended or replacement Board.The members so appointed shall jointly appoint an statutes. additional member to the Dispute Board.The Dispute Board shall review the facts,contract terms and applicable statutes and E. "SUBCONTRACTOR"shall mean one not in the rules and make a determination of the dispute.The Dispute employment of the CONTRACTOR,who is performing all Board shall thereafter decide the dispute with the majority or part of those services under this contract under a prevailing.The determination of the Dispute Board shall be final separate contract with the CONTRACTOR. The terms and binding on the parties hereto.As an alternative to this "SUBCONTRACTOR"and "SUBCONTRACTORS" means process and if applicable,either of the parties may request SUBCONTRACTOR(s) in any tier. intervention by the Governor,as provided by RCW 43.17.330, in ADVANCE PAYMENTS PROHIBITED which event the Governor's process will control. No payments in advance of or in anticipation of goods or DUPLICATE PAYMENT services to be provided under this contract shall be made by The AGENCY shall not pay the CONTRACTOR, if the the AGENCY. CONTRACTOR has charged or will charge the State of AMENDMENTS Washington or any other party under any other contract or This contract may be amended by mutual agreement of the agreement,for the same services or expenses. parties. Such amendments shall not be binding unless they ENTIRE AGREEMENT are in writing and signed by personnel authorized to bind each This contract contains all the terms and conditions agreed upon of the parties. by the parties. No other understandings,oral or otherwise, AMERICANS WITH DISABILITIES ACT(ADA)OF 1990, regarding the subject matter of this contract shall be deemed to PUBLIC LAW 101-336,also referred to as the"ADA" 28 exist or to bind any of the parties hereto. CFR Part 35 EQUIPMENT MANAGEMENT The CONTRACTOR must comply with the ADA,which For the purposes of this contract, "Inventoriable Equipment" provides comprehensive civil rights protection to individuals shall mean a tangible asset which has a service life of more with disabilities in the areas of employment, public than one year and with a unit cost of$5,000 or greater; and accommodations,state and local government services, and tangible assets with a unit cost of more than$300 that the telecommunications. AGENCY considers"small and attractive,"such as engines, ASSIGNMENT chain saws, communications equipment,global position Neither this contract, nor any claim arising under this contract, systems,optical devices, cameras, microcomputer and related systems, and video equipment; and firearms, boats and motorized vehicles of any value. WDFW 19-14174 PAGE 3 If the CONTRACTOR uses contract funds to purchase PREVAILING WAGE Inventoriable Equipment,title to that Inventoriable Equipment If any work performed by subcontractors is subject to Chapter shall be held by the AGENCY unless otherwise specified in 39.12 of the Revised Code of Washington,the CONTRACTOR this contract. The AGENCY's Inventoriable Equipment shall ensure that its subcontractors pay the prevailing rate of provided to the CONTRACTOR shall be used only for the wages to all subcontractor workers, laborers or mechanics in performance of this contract. Title to the AGENCY's the performance of any part of the work described in the Inventoriable Equipment shall remain with the AGENCY. contract in accordance with state law and Department of Labor The CONTRACTOR shall take reasonable steps to account for and Industries rules and regulations. and protect Inventoriable Equipment from loss or damage; RECORDS MAINTENANCE report to the AGENCY any loss or damage of such property; The parties to this contract shall each maintain books, records, and take reasonable steps to protect such property from documents and other evidence which sufficiently and properly further damage. The CONTRACTOR shall surrender to the reflect all direct and indirect costs expended by either party in AGENCY all Inventoriable Equipment either provided by the the performance of the services described herein.These AGENCY or purchased with contract funds upon the records shall be subject to inspection,review or audit by completion or termination of this contract. personnel of both parties,other personnel duly authorized by FINAL INVOICE either party,the Office of the State Auditor,and federal officials The CONTRACTOR shall submit the final invoice not later so authorized by law.All books, records,documents,and other than 60 calendar days from the end of the contract period. material relevant to this contract will be retained for six years after expiration and the Office of the State Auditor,federal GOVERNING LAW auditors,and any persons duly authorized by the parties shall This contract shall be construed and interpreted in accordance have full access and the right to examine any of these materials with the laws of the State of Washington, and the venue of any during this period. action brought hereunder shall be in the Superior Court for Records and other documents, in any medium,furnished by one Thurston County. party to this contract to the other party,will remain the property HOLD HARMLESS of the furnishing party,unless otherwise agreed.The receiving Each party to this contract will be assigned,and assume party will not disclose or make available this material to any third responsibility for any damages to third parties that are parties without first giving notice to the furnishing party and attributable to the negligent acts or omissions of the individual giving it a reasonable opportunity to respond. Each party will party. Both parties agree,to the extent permitted by law,to utilize reasonable security procedures and protections to assure defend, protect,save and hold harmless the other party, its that records and documents provided by the other party are not officers, agents,and employees from any and all claims, erroneously disclosed to third parties. costs,damages, and expenses suffered due to each party's RIGHT OF INSPECTION own actions or those of its agents or employees in the The CONTRACTOR shall provide right of access to its performance of this contract. facilities to the AGENCY, or any of its officers, or to any other INDEPENDENT CAPACITY authorized agent or official of the state of Washington or the The employees or agents of each party who are engaged in the federal government, at all reasonable times, in order to performance of this contract shall continue to be employees or monitor and evaluate performance,compliance,and/or quality agents of that party and shall not be considered for any purpose assurance under this contract. to be employees or agents of the other party. RIGHTS IN DATA NONDISCRIMINATION Unless otherwise provided,data which originates from this During the performance of this contract, both parties shall contract shall be"works for hire"as defined by the U.S. comply with all federal and state nondiscrimination laws, Copyright Act of 1976 and shall be owned by the AGENCY. regulations and policies. In the event of the CONTRACTOR'S Data shall include, but not be limited to,reports,documents, non-compliance or refusal to comply with any pamphlets,advertisements, books magazines,surveys,studies, nondiscrimination law, regulation,or policy,this contract may computer programs,films,tapes and/or sound reproductions. be rescinded,canceled or terminated in whole or in part, and Ownership includes the right to copyright, patent, register and the CONTRACTOR may be declared ineligible for further the ability to transfer these rights. contracts with the AGENCY. The CONTRACTOR shall, SAVINGS however, be given a reasonable time in which to cure this In the event funding from state,federal,or other sources is noncompliance.Any dispute may be resolved in accordance with the"Disputes"procedure set forth herein. withdrawn, reduced,or limited in any way after the effective date of this contract and prior to normal completion,the WDFW 19-14174 PAGE 4 AGENCY may terminate the contract under the"Termination" TERMINATION clause,without the thirty-day notice requirement,subject to Either party may terminate this contract upon 30-days'prior renegotiation at the AGENCY'S discretion under those new written notification to the other party. If this contract is so funding limitations and conditions. terminated,the parties shall be liable only for performance SEVERABILITY rendered or costs incurred in accordance with the terms of this The provisions of this contract are intended to be severable. If contract prior to the effective date of termination. any term or provision is illegal or invalid for any reason TERMINATION FOR CAUSE whatsoever,such illegality or invalidity shall not affect the If for any cause,either party does not fulfill in a timely and proper validity of the remainder of the contract. manner its obligations under this contract,or if either party SUBCONTRACTING violates any of these terms and conditions,the aggrieved party Neither the CONTRACTOR nor any SUBCONTRACTOR shall will give the other party written notice of such failure or violation. enter into subcontracts for any of the work contemplated under The responsible party will be given the opportunity to correct the this contract without obtaining prior written approval of the violation or failure within 15-working days. If failure or violation is AGENCY. In no event shall the existence of the subcontract not corrected,this contract may be terminated immediately by operate to release or reduce the liability of the CONTRACTOR written notice of the aggrieved party to the other. to the AGENCY for any breach in the performance of the WAIVER CONTRACTOR'S duties.This clause does not include Waiver of any default or breach shall not be deemed a waiver contracts of employment between the CONTRACTOR and of any subsequent default or breach.Any waiver shall not be personnel assigned to work under this contract. construed to be a modification of the terms of this contract Additionally,the CONTRACTOR is responsible for ensuring unless stated to be such in writing and signed by authorized that all terms,conditions,assurances and certifications set representative of the AGENCY. 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. WDFW 19-14174 PAGE 5 Attachment B - CONTRACT/PROJECT SUMMARY TITLE: North Pacific MRC 19-21 WDFW CONTRACT NUMBER: 19-14171 PERIOD: 07/01/2019 to 06/30/2021 WDFW MANAGER: Amy Spoon CONTRACTOR: Jefferson County 360-249-4628 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): 36651 CFDA Number Award Year Award Number Research & Development? Not Applicable WDFW 19-14174 PAGE 6 Attachment C - STATEMENT OF WORK 2019-2021 COASTAL MRC-North Pacific Coast MRC 07/01/2019—06/30/2021 SUMMARY PROJECT 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. Contract Award for FY2020 and FY2021: $40,800 The following tasks are required for the completion of this contract: Operations-Task 1: MRC Coordination Jefferson County will provide MRC coordinator support for the MRC.This includes planning,organizing, and facilitating meetings, recording and distributing meeting and activity summaries to those interested in the MRC activities. The MRC coordinator will manage tasks of the MRC, assign work to volunteers, and assure timely completion of work and final reports. The MRC coordinator is also responsible for coordinating with WDFW and 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: $40,000 Deliverable la: If changed, name and contact information for the MRC Coordinator and County contacts. (Due November 15, 2019 and October 15, 2020) Deliverable ib: FY2020 and FY2021 project budget and work plan. (Due June 15, 2019 and June 15, 2020, respectively) Deliverable lc: Annual Report that includes summary of actions/projects completed in each fiscal year with a list of project partners,a program/project highlight and priority actions for the next year. This information will be included in the annual report to the Legislature. (Due October 31,2019 and October 31, 2020 for each Fiscal Year) Deliverable ld: Submit quarterly progress reports on the Quarterly Report form describing the progress and barriers for each contract deliverable along with an A-19 request for reimbursement form. (Due October 15, January 15,April 15, and July 10 of each FY) Deliverable le: If revised,submit a list of county appointed MRC board members including full name, organization and MRC seat representation. If revised,approved Ground Rules and By Laws. (Due July 10, 2019 and July 10, 2020) WDFW 19-14174 PAGE 7 • Deliverable lf: As necessary,send WDFW coordinator updates for program website and develop additional outreach tools. (Due as necessary) Deliverable ig: Submit a final report that includes recommended products for MRC development, a description of challenges and growth over the past year,and ideas on new ways to utilize the MRC to implement the Coastal MRC Program Priorities. (Due July 10, 2020 and July 10, 2021) Projects -Task 2: Washington Coastal Marine Advisory Council Representation The MRC will designate a representative or alternate 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.The MRC will support one representative's mileage at the per diem rate to and from WCMAC meetings. This task addresses the program benchmarks: Education and Outreach and Coastal Communities. Cost: $800 Deliverable 2a: A brief summary describing the MRC's WCMAC participation and representation at each meeting. (Due June 30,2020 and June 30, 2021) WDFW 19-14174 PAGE 8 615 Sheridan Street f Port Townsend, WA 98368 , eef[etson www.JeffersonCountyPublicHealth.org Public Healt Consent Agenda November 7,2019 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Public Health Director Tami Pokorny, Natural Resources Program Coordinator DATE: SUBJECT: Agenda Item - Interagency Agreement with WA Dept. of Fish and Wildlife (WDFW) to support the North Pacific Coast Marine Resources Committee (NPC MRC) and its projects; July 1, 2019 —June 30, 2021; $40,800 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of the Interagency Agreement with WDFW to fund operations and selected projects of the North Pacific Coast Marine Resources Committee (NPC MRC); July 1, 2019 —June 30, 2021; $40,800 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This Interagency Agreement funds and supports the administrative capacity for the North Pacific Marine Resources Committee, and to provide project funds for participation in the Washington Coastal Marine Advisory Council, and education and outreach activities. 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 supports education and outreach, coastal communities, marine life, sound science, and marine habitats. FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for the NPC MRC is provided by the State General Fund and administered through the WDFW Coastal MRC Program. There is no impact to the Jefferson County General Fund for this agreement and there are no match requirements. RECOMMENDATION: JCPH Management recommends that the BOCC sign the Interagency Agreement with WDFW to fund operations and selected projects of the North Pacific Coast Marine Resources Committee (NPC MRC) and its projects; July 1, 2019 —June 30, 2021; $40,800 REVIEWS; W4- Phili• orley, Cou dministrator Date Community Healt Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community Public Health CONTRACT REVIEW FORM CONTRACT WITH: Washington Department of Fish and Wildlife TRACKING NO.: WQ-19-28 (Contractor/Consultant) CONTRACT FOR: North Pacific MRC 19-21 TERM: 7/1/2019-6/30/2021 COUNTY DEPARTMENT: Jefferson County Public Health For More Information Contact: Tami Contact Phone #: x498 RETURN TO: Jenny RETURN BY: ASAP (Person in Department) (Date) AMOUNT: $40,800 PROCESS: E Exempt from Bid Process ❑ Consultant Selection Process Revenue $40,800 ❑ Cooperative Purchase Expenditure ❑ Competitive Sealed Bid Matching funds Required ❑ Small Works Roster Source(s) of Matching Funds ❑ Vendor List Bid ❑ RFP or RFQ ® Other-State Grant Step 1: REVIEW BY RIS ' ,,, . NT /� Revie " ___,,Z.., / /f/l 7( ' Date Revi• i l - APPROVED FORM ❑ Re r•-, for revision See_Comments) Comments Step 2: REVIEW BY PROSZING ATTORNEY Review by: L/ ` C - Philip C. Hunsu er Date Reviewed: f/ 4/7 Chief Civil Deputing Attorney APPROVED AS TO FO El Returned for revision(See Comments) CP P FORMA �n !I Comments -4‘- 1'" 3.7 Step 3: (If required)DEPARTMENT MAKES REVISIONS&RESUBMITS TO RISK MANAGEMENTq ' r1p Ci PROSECUTING ATTORNEY �O k Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of just the Contract(s) (with the originals)to the BOCC Office. Place"Sign Here"markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)