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HomeMy WebLinkAbout101920_ca05 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/County Enginee Agenda Date: 10/19/2020 Subject: WDFW Interlocal Agreement Statement of Issue: Jefferson County has leased the Lake Leland Day Use park property from WDFW since 1970. The Washington Department of Fish and Wildlife (WDFW) has proposed an agreement whereby Jefferson County would provide funding to install a replacement vault toilet at Lake Leland Day Use County Park as part of an existing WDWF project that also includes a new fishing dock and other improvements. Analysis/Strategic Goals/Pro's £t Con's: WDFW obtained permits, received an RCO grant, and contracted the project. The work is in construction at this time. WDFW encountered budget constraints and would not be able to install the replacement toilet without this agreement. The existing toilet is over 40 years old, is not ADA accessible, and should be replaced. Fiscal Impact/Cost Benefit Analysis: In this agreement, Jefferson County will transfer $30,000 to WDWF, and WDFW will be responsible for all aspects of construction including permitting, removing the old toilet, installation and inspection. Recommendation: Sign three originals of the agreement and return to Public Works for further processing. Department Contact: Matt Tyler, 385-9160 Reviewed By: Philip Morley, C n Admini Date Washington Department of FISItand INTERAGENCY AGREEMENT WILDLIFE TITLE: Funding for toilet installation at Lake WDFW NUMBER: 00-0000 Leland Fishing Area AGENCY PARTNER, Jefferson County, CONTRACT PERIOD: 9/1/2020 to 12/31/2020 Washington TYPE: Payment by Jefferson County to WDFW CONTRACT VALUE: $30,000 for toilet. 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, Washington (Agency Partner), 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 Agency Partner will provide$30,000 in funding to WDFW for use by WDFW to install at toilet as part of the Lake Leland park improvement project. C. CONTRACT AGREEMENT The agency partner shall transfer$30,000 to WDFW for installing a vault toilet as part of the Lake Leland fishing area project. The WDFW is responsible for all aspects of the installation. D. PERIOD OF PERFORMANCE The performance period under this Contract shall commence on September 1, 2020 and terminate on November 1, 2020. The Contract may be terminated or the performance period extended pursuant to terms set forth in Attachment"A." E. 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 both parties acknowledge that they have read, fully understand, and agree to be bound by all terms and conditions set forth in this Contract. F. 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. G. 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 Page 1 communications regarding this Contract shall be sent to the designated representatives at the addresses below unless notified in writing of any change. Agency Partners Representative Monte Reinders 623 Sheridan St., Port Townsend Washington 98368 (360) 385-9160 mreinders@co.jefferson.wa.us WDFW's Representative Casey R. Davidson 600 N. Capitol Way Olympia Washington 98501-1091 (360) 790-0717 Casey.Davidson@dfw.wa.gov H. 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. I. APPROVAL This contract shall be subject to the written approval of both parties' authorized representatives 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 Agency Partner have signed this contract. JEFFERSON COUNTY WASHINGTON DEPARTMENT OF FISH AND WILDLIFE Signature and Date Signature and Date Printed Name and Title 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" 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. "AGENCY PARTNER" shall mean that firm, provider, organization, individual or other entity performing service(s) under this contract, and shall include all employees of the AGENCY PARTNER. 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. 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 PARTNER. 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 Both parties 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, shall be transferred or assigned by either party without prior written consent of the other party. 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. Page 3 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. 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 Jefferson 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 AGENCY PARTNER'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 AGENCY PARTNER may be declared ineligible for further contracts with the AGENCY. The AGENCY PARTNER 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. RECORDS MAINTENANCE The parties 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 furnishing 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. Page 4 RIGHT OF INSPECTION The AGENCY shall provide right of access to its facilities to the AGENCY PARTNER, 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 AGENCY PARTNER may terminate the contract under the "Termination for Convenience" clause, without the ten-day notice requirement, subject to renegotiation at the AGENCY PARTNER'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. 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 by either party shall not be deemed a waiver of any subsequent default or breach. 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 other party. Page 5