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HomeMy WebLinkAbout122120_ca05JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Mark McCauley, Central Services Director DATE: December 21, 2020 SUBJECT: Request Board of County Commissioners approval of Amendment No.1 to the Professional Services Agreement Between Chickadee Forestry, LLC and Jefferson County for Developing and Managing Jefferson County's Sustainable Forestry Program STATEMENT OF ISSUE: On February 3, 2020 the BOCC approved a professional services contract with Chickadee Forestry to develop and manage the County's sustainable forestry program. The agreement had an initial term ending on December 31, 2020. The original agreement provided for two one-year extensions at additional cost. This request is to amend the agreement to add the first one-year extension and to add an additional amount to the agreement's not to exceed cost. ANALYSIS: Malloree Weinheimer, Chickadee Forestry's principal, has developed a sustainable forestry plan with input from the Forestry Advisory Committee she created with a variety of experienced forestry professionals and the Jefferson County Parks Advisory Board. The program is achieving the objectives established by the county, which are: • Restore and maintain forest health • Protect and enhance soil and water quality and fish and wildlife habitat • Protect and enhance the recreational and aesthetic value of county forest lands • Provide safe, reasonable and appropriate access to county forested lands • Provide sustainable natural resources to the local community • Provide a modest revenue stream that can cover the cost of the program and other County priorities This agreement amendment will allow the program to continue providing the desired benefits. FISCAL IMPACT: The additional cost of the amendment of $18,500 and the original cost of $31,500 will be more than offset by program revenue. A supplemental appropriation will be submitted for Board approval in the 1S` quarter of 2021 for the increase in the contract amount. RECOMMENDATION: That the Board of County Commissioners approve the attached Amendment No.1 to the Professional Services Agreement with Chickadee Forestry, LLC. Date Amendment No. 1 to the Professional Services Agreement Between Chickadee Forestry, LLC and Jefferson County for Developing and Managing Jefferson County's Sustainable Forestry Program This Amendment No. 1 to the Professional Services Agreement is made and entered into by and between Chickadee Forestry, LLC ("Consultant") and Jefferson County, a political subdivision under the laws of the State of Washington ("County"), (collectively "Parties") for developing and managing Jefferson County's Sustainable Forestry Program. WHEREAS, the Parties want to amend the Professional Services Agreement entered into between them; NOW, THEREFORE, the Parties agree as, follows: 1. Purpose. The purpose of this Amendment is to revise the time for performance and the not to exceed contract dollar amount as provided for in the original Professional Services Agreement. All other terms of the Professional Services Agreement between the Parties remain unchanged, except as modified in this Amendment. 2. Amendment. The third sentence of Paragraph 3 is amended to read: "Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2021." Paragraph 4.a. is amended to read "Payment to Consultant during the initial and one- year extended terms shall not exceed $50,000 without express written modification of this Agreement signed by the County." (SIGNATURES FOLLOW ON NEXT PAGE) Chickadee Forestry, LLC Name and title Date FOR JEFFERSON COUNTY: Greg Brotherton, Chair, Board of County Commissioners Date APPROVED AS TO FORM ONLY: 6P. z� Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 2 CC'. CS }`e-yak n . -;20---)C� PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPING AND MANAGING JEFFERSON COUNTY'S SUSTAINABLE FORESTRY PROGRAM This Professional Services Agreement ("this Agreement") is entered into between the County of Jefferson, a municipal corporation ("the County"), and Chickadee Forestry ("the Consultant"), in consideration of the mutual benefits, terms, and conditions specified below. 1. Project Designation. tion. The Consultant is retained by the County to develop and implement a Jefferson County Sustainable Forestry Program. The goals of the program are to generate revenue, increase carbon sequestration, improve forest health and reduce fire risk. 2. Program Proposal and Scope of Work. Consultant agrees to perform the services and provide the deliverables identified on Exhibit "A" attached hereto, including the provision of all labor. Consultant will collaborate with experts in the forestry industry and other fields in developing this program. 3. Time for Performance. Work under this Agreement shall commence upon the giving of written notice by the County to the Consultant to proceed. The Consultant receipt of an executed contract shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2020. Two one-year extensions are authorized at additional cost if mutually agreed upon by the parties. Time is of the essence in the performance of this Agreement. 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this Agreement as follows: a. Payment to Consultant during the initial term shall not exceed $31,500 without express written modification of this Agreement signed by the County. b. The Consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. Payment of Consultant invoices shall be within 30 days of receipt by the County for any services not in dispute based on the terms of this Agreement. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this Agreement and its acceptance by the County. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/201 S Page I of 10 d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the County and state for a period of three (3) years after final payments. Copies shall be made available upon request. Ownership and Use of Documents. All documents, drawings, specifications, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. Consultant shall indemnify, defend, and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. 8. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Consultant's performance of his Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3) Non -owned automobiles. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 2 of 10 Commercial General Liability Insurance in an amount not less than a single limit of $500,000 per occurrence and an aggregate of not less than two (2) times the occurrence amount ($1,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The commercial general liability insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual/Commercial Liability — including coverage for products and completed operations; d. Premises — Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an "additional named insured" under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer, and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the County. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 3 of 10 The Contractor's insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Professional Liability Insurance, so affected shall protect all the parties and shall be primary coverage for all losses covered by the above described insurance. Insurance companies issuing the Contractor's insurance policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. All deductibles in the Contractor's insurance policies shall be assumed by and be at the sole risk of the Contractor. Any deductibles or self -insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self -insured retention, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any insurance policy the Contractor shall provide to comply with this Agreement. The County may, upon the Contractor's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. The Contractor shall provide a copy of all insurance policies specified in this Agreement. Written notice of cancellation or change in the Contractor's insurance required by this Agreement shall reference the project name and agreement number and shall be mailed to the County at �he following address: Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368. The Contractor's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 4 of 10 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance coverage for subcontractors shall be subject to all the requirements stated in this Agreement. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re -insurers licensed in the State of Washington. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 9. Worker's Compensation (Industrial Insurance). If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, the Contractor shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Management, upon request. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage shall extend to any subcontractor that does not have their own worker's compensation and employer's liability insurance. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 5 of 10 act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Contractor. 10. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. The Contractor specifically has the right to direct and control Contractor's own activities, and the activities of its subcontractors, employees, agents, and representatives, in providing the agreed services in accordance with the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement, including, but not limited to: retirement, vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 11. Subcontracting Requirements. The Contractor is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of this Agreement. The Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. Every subcontractor must agree in writing to follow every term of this Agreement. The Contractor must provide every subcontractor's written agreement to follow every term of this Agreement before the subcontractor can perform any services under this Agreement. The County Engineer or their designee must approve any proposed subcontractors in writing. Any dispute arising between the Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Contractor's performance required by this Agreement. 12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the County shall have the right to annul this Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 6 of 10 Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 13. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 14. No Assianment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 15. Non -Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 16. Termination. a. The County reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner, or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the County, if the County so chooses. 17. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand -delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the parry at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Central Services P.O. Box 1220 Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Chickadee Forestry 2023 E. Sims Way, #147 Port Townsend, WA 98368 18. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated Agreement between the County and the Consultant and Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 7 of 10 supersedes all prior negotiations, representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this Agreement. The Consultant ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal, and the supporting material submitted by the Consultant, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 19. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Consultant. 20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the Director of Public Works or County Engineer, whose decision in the matter shall be final, but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Consultant hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 22. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 24. No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 8 of 10 26. Binding on Successors. Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs, and assigns. 27. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. 28. No Third -party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31. Arms -Length Negotiations. The parties agree that this Agreement has been negotiated at arms -length, with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Contractor further agrees that upon receipt of any written public record request, Contractor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 9 of 10 DATED this day of I eb1Za 20 ,22 _. Malloree Weinheimer Name of Consultant Malloree Weinheimer Consultant Representative L41��� (Signature) b)KSU14 h Title 1hq/261-6 D to JEFFERSON COUNTY BOARD Ot COMMISSIONERS Kate Dean, Member Approved as to form only: J). C.ZIL= Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney " - - �// &' / 4 � �J"� , " - 3t' s'z,, Mark McCa 1 y Da Central Services Director Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 10 of 10 Jefferson County Forest Management Program Scope of Work 4A— A- I!bo� CHICKADE FORESTRY Malloree Weinheimer, Chickadee Forestry LLC mal@chickadeeforest_ry com 703.627.9763 PROGRAM DELIVERABLES Forest Health Improvement • Begin forest restoration pilot projects with variable density thinning harvests and restoration plantings over 80 acres in 2020 at the following sites between July and September: o Silent Alder - Gibbs Lake County Park o Chimacum County Park, adjacent county owned land • Harvests projected to generate an estimated $1k/acre revenue return for Jefferson County, dependent on variables such as timber value, quality of wood at time of harvest, cost of transport, logger/operator costs, etc. • Thinning harvest and restoration plans will be approved through advisory board and County staff. • Contractor will oversee permitting, thinning harvest design, harvest operations, restoration, and monitoring of project post -implementation. Forest Management Policy • Develop a management and policy framework to restore and maintain health of Jefferson County forest lands, modeled after Kitsap County and other successful examples of protecting ecological habitat. • Create the JCFMP Advisory Board which to develop and oversee policy and assist in monitoring measurable benefits. Financial Stability and Community Economic Development • Seek additional funding including grants and partnerships to elevate mutual goals for landscape scale restoration. • Program will prioritize using local contractors and low impact practices whenever possible. • Examples of direct community impacts and financial investments: o Working with local schools wood shops to use wood to build park benches, etc o Utilizing small local mills in harvests o Sourcing locally grown native plants for restoration Jefferson County Forestry Pilot Proposal - Chickadee Forestry LLC Page 1 of o Working with local market including crafts people including maritime and woodworking TIMELINE February Complete Outline for FMP + Policy Framework Advisors meeting in Chimacum Co Park Complete cruise surveys for Chimacum Co Park and Gibbs Lake Co Park Meet Wooden Boat School, Chimacum School, mills March Finish thinning harvest prescriptions Open house @ Finndver for Chimacum County Paris thinning Public walk through at Chimacum and Gibbs April 4/10 Meet with County contract representative Submit FPAs for Chimacum and Gibbs May Complete rough draft FMP + Policy Framework 5/14 Advisors meeting - Rough draft review June Start thinning harvests at Chimacum or Gibbs Lake Additional experts review rough draft (Open comment period) July 7/10 Meet with County contract representative Continue thinning harvests FMP + Policy Framework revisions August Continue thinning harvests Begin restoration planting implementation September Finish thinning harvests Continue restoration planting implementation 9/10 Advisors meet to review projects 9/18 Meet with County contract representative Jefferson County Forestry Pilot Proposal - Chickadee Forestry LLC Page 2 of BUDGET Numbers below are estimates on how much time each objective will take to develop a forest management program. Subcontractors have been included here to bring in additional expertise and support for development as needed. Activity Time Cost Totals JCFMP Policy Development 150 hrs $70/hr $10,500 Forest Health Improvement 150 hrs $70/hr $10,500 Community Economic Development 75 hrs $70/hr $5,250 Forestry Program Coordination 75 hrs $70/hr $5,250 Mileage Reimbursement TBD $.58/mile - Grand Total 450 hrs $31,500 Jefferson County Forestry Pilot Proposal - Chickadee Forestry LLC Page 3 of Jefferson County Forest Management Program Proposal likCHi�;h �1:7�:r FORESTRY Malloree Weinheimer, Chickadee Forestry LLC mal@chickadeeforestry.com 703.627.9763 PREFACE In early 2019 Chickadee Forestry completed a feasibility study to assess the overall health of Jefferson County forests as well as looking at the potential for restoration. The study showed that out of the 1,800 acres of forest land surveyed, approximately 750 acres of forest land are vulnerable and could be enhanced through ecological restoration to protect the health of the local landscape, including forest health, wildlife and salmon habitat, soils, water quality, as well as recreational values. The majority of the 750 acres identified as vulnerable lack biological and structural diversity, which are often symptoms of past management using even -aged harvests, also known as clear -cutting. These forests showed signs of stress due to competition for resources, which leaves them vulnerable to diseases, fire, drought and mortality. The study also detailed proactive steps that Jefferson County can take to restore forest health and resiliency to natural ecosystems through variable density thinning at higher risk sites. Kitsap County Forest Stewardship's program was reviewed as a successful model that may be applicable to Jefferson County, including the possibility of reconveying DNR lands back to county ownership to facilitate restoration opportunities. The board of county commissioners (BoCC) requested gathering input from local stakeholders and continuing to research what a sustainable forestry management program would look like in Jefferson County. This proposal has been developed based in response to the recently completed forestry feasibility study completed through a variety of community stakeholders including members of the following organizations Jefferson County BoCC, Jefferson County Environmental Health, Jefferson County Parks & Rec, North Olympic Salmon Coalition, Hood Canal Coordinating Council, Jefferson Land Trust, Jefferson County Conservation District, Kitsap County Forest Stewardship, Washington DNR, private forestry industry professionals, and public citizen input through community outreach. Community and stakeholder input will continue to be gathered in the development process for a sustainable forestry program. It incorporates input and feedback from many of the stakeholders listed above. FOREST MANAGEMENT PROGRAM BENEFITS Forests are an integral part of the rural landscape of Jefferson County and contribute crucial ecosystem services which support the health of our community and environment. Forests are part of our cultural identity and have been an essential part of this landscape for the first indigenous people to today's communities. Forests provide a suite of ecosystem services including carbon sequestration, water filtration and storage, wildlife and salmon habitat, climate moderation, and places for respite and Jefferson County Forestry Pilot Proposal - Chickadee Forestry LLC Page 1 of recreation for the local community. The goal of Jefferson County's Forest Management Program (JCFMP) is to protect these important services and to enhance the health of local forests through management methods that prioritize the ecological diversity and long term health of the landscape. This goal will be achieved through a combination of forest practices including ecological thinning, replanting of native species, and increasing long term carbon storage in the forest. Forests will be managed as whole ecosystems that are connected to the broader landscape rather than as individual commodities. This program will prioritize local economic community development by hiring local contractors for restoration and reinvesting profits from harvests back into the local economy wherever possible. An advisory group of local stakeholders and conservation partners will help to inform the management program as well as input from the community broadly. PROGRAM OBJECTIVES Forest Management Policy • Develop a management and policy framework to restore and maintain health of Jefferson County forest lands, modeled after Kitsap County and other successful examples of protecting ecological habitat. • Ensure the program is achieving goals in enhancing ecological health through a robust framework that management protocols, best management practices, monitoring schedule and capture of current ecological baselines against which to compare forest improvements over time. • Create the JCFMP Advisory Board which to develop and oversee policy and assist in monitoring measurable benefits. • Improve forest health through restoration, sustainable forest management, and protecting connected ecosystems long term in Jefferson County. Forest Health Improvement • Initiate a variety of forest health improvement activities which may include replanting with native drought tolerant species, removing noxious weeds, cruising/monitoring sites, preparing bids, permits, forest taxes, and subcontractors. • Design and conduct ecological thinnings in overstocked areas to reduce competition while increasing structural diversity and replanting with native species. • Collaborate with local and regional partners to align landscape restoration strategies across Jefferson County. • Priority sites: o Silent Alder - Gibbs Lake Co Park o Chimacum Co Park o Trailhead Co Park o Elkins Rd Financial Stability and Community Economic Development • Use program revenue to help provide an environmentally sustainable income and help alleviate Jefferson County land management costs. • Program will be an investment to reduce the risk of more costly long term ecological health concerns. Jefferson County Forestry Pilot Proposal - Chickadee Forestry L L C Page 2 of 5 • Additional outside funding will be pursued to support further program development. • Program will prioritize using local contractors and low impact practices whenever possible. 0 Examples of direct community impacts and financial investments: o Working with local schools wood shops to use wood to build park benches, etc o Utilizing small local mills in harvests o Sourcing locally grown native plants for restoration o Working with local market including crafts people including maritime and woodworking EXPERIENCE Malloree Weinheimer, Forester, Chickadee Forestry Malloree earned a BS in Forest Ecology from the University of Washington and has worked in forest ecology research, restoration, and rural community development for 10 years at the local, state, and federal level. She has been working on forestry issues in Jefferson County for 4 years to help align conservation and sustainable working lands with a variety of different partners. As a young female in the industry she focuses on bridging past and present to make sustainable and ecologically focused forestry a viable industry for the next generations on the Olympic Peninsula. Additional Qualifications: Candidate Certified Forester, Society of American Foresters Chair, Jefferson County Parks & Rec Citizen Advisory Board Chair, Admiralty Inlet SAF Chapter Past board member, Jefferson Land Trust Committee member, Puget Sound Partnership Strait Ecosystem Recovery Network Technical Task Force Committee member, The Nature Conservancy's Regional Rural Sustainability Initiative CEPI KEY ADVISORS Advisors and organizations have been selected for their knowledge of Jefferson County community and landscape. Additional advisors will be consulted as appropriate. Arno Bergstrom, Forester, Kitsap County Forest Stewardship Created Kitsap County's forest stewardship program and has run it for 5 years successfully Dr. Catharine Copass, Ecologist, Olympic National Park Service Specializing in plant community classification'and mapping, landscape change detection and vegetation change on the Olympic Peninsula. Mike Cronin, retired Forester, DNR and Cronin Forestry Experienced forester in Jefferson County, informed the feasibility study and provides continued expertise on forest management Owen French, Natural Resource Specialist, WA Dept of Ecology Jefferson County Forestry Pilot Proposal - Chickadee Forestry LLC Page 3 of 5 Restoration specialist working with North Olympic Salmon Coalition and the Washington Conservation Corps, based in Jefferson County Ross Goodwin, Forest Practices, Washington DNR Oversees forest practices and ensures compliance to DNR Forest Practices Rules in the region,10+ years with DNR Ian Hanna, Consultant, Altruist Partners, formerly Forest Stewardship Council International experience in sustainable forestry and community economic development, based in Jefferson County Tami Pokorny, Natural Resources Coordinator, Jefferson County Environmental Health Manages natural resources and the Conservation Futures program for Jefferson County Denise Pranger, retired Director, Northwest Natural Resources Group Specializing in forest certification and forest carbon sequestration, based in Jefferson County Matt Tyler, Director, Jefferson County Parks and Recreation Manages parks and recreation programs, staff, and development for Jefferson County ORGANIZATIONS Chumsortium (including North Olympic Salmon Coalition, Jefferson Land Trust, Hood Canal Coordinating Council, WDFW, WSU Extension, Jefferson County Conservation District) Jefferson LandWorks Collaborative, North Olympic Development Council, Olympic Forest Coaltions, S'klallam Tribe, Washington Dept of Natural Resources, The Nature Conservancy, Northwest Natural Resources Group TIMELINE Work to be completed by September 30, 2020 when the project will be evaluated and revisited with county staff for renewal. BUDGET Numbers below are estimates on how much time each objective will take to develop a forest management program. Subcontractors have been included here to bring in additional expertise and support for development as needed. Activity Time Cost Totals JCFMP Policy Development 150 hrs $70/hr $10,500 Forest Health Improvement 150 hrs $70/hr $10,500 Community Economic Development 75 hrs $70/hr $5,250 Jefferson County Forestry Pilot Proposal - Chickadee Forestry LLC Page 4 of 5 Forestry Program Coordination 75 hrs $70/hr $5,250 Mileage Reimbursement TBD $.58/mile - Grand Total 450 hrs $31,500 Jefferson County Forestry Pilot Proposal - Chickadee Forestry LLC Page 5 of 5 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator 1//, ( r FROM: Mark McCauley, Central Servic erector DATE: February 3, 2020 SUBJECT: Request for Board of County Commissioner Approval of a Professional Services Agreement with Chickadee Forestry to Develop and Manage Jefferson County's Sustainable Forestry Program STATEMENT OF ISSUE: In 2019 the Board of County Commissioners authorized and funded a sustainable forestry feasibility study. The results of the study were reported to the Board, which subsequently authorized the development of such a program. ANALYSIS: Jefferson County requested qualifications for creating and managing such a program using the MRSC roster process. Chickadee Forestry, LLC was selected to perform this work. The attached professional services agreement with Chickadee Forestry, LLC will allow the program to begin. FISCAL IMPACT: This agreement is for $31,500 which we will cover using non -departmental budget. $29,750 was budgeted for this purpose in 2019. That appropriation has lapsed. If needed later this year we will submit a supplemental budget request to fund the agreement. This program is expected to generate approximately $80,000 (approximately 80 acres at approximately $1,000 per acre) in revenue in 2020. RECOMMENDATION: That the Board of Commissioners approve the attached professional services agreement with Chickadee Forestry. CONTRACT REVIEW FORM CONTRACT WITH: Chickadee Forestry, LLC (Contractor/Consultant) CONTRACT FOR: JC Sustainable Forestry Program COUNTY DEPARTMENT: Central Services For More Information Contact: Mark McCauley Contact Phone #: 360-385-9130 TRACKING NO.: TERM: 12-31-2020 /ext. RETURN TO: Mark McCauley RETURN BY: As soon as possible (Person in Department) (Date) AMOUNT: $31,500 Revenue To be determined Expenditure $31,500 Matching funds Required N/A Source(s) of Matching Funds N/A Step 1: XAPPROVED FORM Comments REVIEW BY-1 Review by - Date Revi�;;i Step 2: REVIEW BY Review by: i Date Reviewed: APPROVED AS TO FORM / Comments PROCESS: ❑ Exempt from Bid Process El Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Works Roster ❑ Vendor List Bid ❑ RFP or RFQ ❑ Other 4- ❑ Reti'ned br revision (See Comments) G ATTORNEY Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney i for revision (See Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY 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.)