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Public Health
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Consent Agenda
August 24, 2020
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
TO:
FROM:
DATE:
SUBJECT:
AGENDA REQUEST
Board of County Commissioners
Philip Morley, County Administrator
Pinky Mingo, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
Agenda Item — North Pacific Coast Marine Resource Committee Interlocal
Agreement; Upon Signature — June 30, 2021; $8,500
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the North Pacific Coast Marine Resource Committee
Agreement; Upon Signature — June 30, 2021; $8,500.
ANALYSIS/STRATEGIC GOALS/PRO'S and COWS:
Clallam County will perform the following tasks in order to implement the aforementioned project:
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 or by video or phone
conference, 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.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for this FY21 agreement is provided by WDFW Grant #19-14171 to support the administration of the
North Pacific Coast Marine Resources Committee, a partnership between Clallam and Jefferson counties.
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Always working for a safer and healthier community
Environmental Public Health
360-385-9444
(f) 360-379-4487
RECOMMENDATION:
JCPH Management recommends BOCC signature for the North Pacific Coast Marine Resource Committee
Agreement with Clallam County; Upon Signature — June 30, 2021; $8,500
REVIE BY:
,r
Philip Morley, kmW Administrator
Date
Community Health 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
w ON
O
Sys o� Interlocal Agreement
tilxK 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 #19-14171) 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 #19-14171 and
Jefferson County will compensate Clallam County up to the sum of $8,500.00 in fiscal years 2019-
2021 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:
Helle Andersen, Clallam County Natural Resources Project Coordinator
Tami Pokorny, Jefferson County Natural Resources Program Coordinator
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 #19-14171.
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 coordinate
Jefferson / Clallam County Coastal MRC Interlocal Agreement 2019-21
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, 2021. 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 indemnify, defend and hold
harmless the other County. A County's waiver of immunity does not extend to
Jefferson / Clallam County Coastal MRC Interlocal Agreement 2019-21 2
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, 2019. Work performed consistent with this
Agreement during its term, but prior to the adoption of this Agreement, is hereby ratified. This
document may be executed in counterparts, each of which will have the same force and effect of the
original.
SIGNED this day of , 2020.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Jefferson / Clallam County Coastal MRC Interlocal Agreement 2019-21
SIGNATURE PAGE
CLALLAM COUNTY
Name of Contractor
Contractor Representative (print name)
Signature
Title
0
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Greg Brotherton, Chair
David Sullivan, Member
Kate Dean, Member
ATTEST:
Carolyn Gallaway, Deputy Clerk of the Board
APPROV D AS TO FORM ONL
By: 0 ZV
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson / Clallam County Coastal MRC Interlocal Agreement 2019-21 4
Exhibit A Scope of Work
North Pacific Coast Marine Resources Committee (MRC)
The following are tasks in contract WDFW Contract #19-14171 that require joint actions of both Jefferson
and Clallam counties, and for which Clallam County will be compensated in the total amount of $8,500.00
during 2019-2021.
Jefferson County Estimated Allocation
(WDFW Contract #19-14171) Amount
Payroll and Travel $ 8,500.00
Supplies 00.00
$ 8,500.00
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 or by video or
phone conference, 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 2019-21 5