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HomeMy WebLinkAbout080221ca01Pu 615 Sheridan Street Port Townsend, WA 98368 iHenson www.JeffersonCountyPublicHealth.org '�9txinh„ Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Vicki Kirkpatrick, Director Tami Pokorny, Natural Resources Program Coordinator DATE: -�W ost ", 1pal SUBJECT: Agenda Item — Amendment No. 4 to MOU with Hood Canal Salmon Enhancement Group to Add Extend End Date; July 1, 2019 — September 30, 2021 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of Amendment No. 4 to MOU with Hood Canal Salmon Enhancement Group to extend the end date of the Lower Big Quilcene River Design and Acquisition project to September 30, 2021. ANALYSIS/STRATEGIC GOALS/PRO'S and COWS: The original MOU with Hood Canal Salmon Enhancement Group funds the acquisition from willing sellers of residential parcels prone to flooding and their restoration to native vegetation as an ongoing effort to re- establish a channel migration corridor for the lower Big Quilcene River. The project also supports outreach and collaboration with project partners, leading to the open spaces necessary in order to eventually reconnect the lower river with its north -side floodplain and distributary channels in order to support the recovery of Hood Canal Summer Chum and other salmonids. This amendment will extend the end date to September 30, 2021. FISCAL IMPACT/COST BENEFIT ANALYSIS: There is no cost aspect to this amendment. Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Environmental Public Health 360-385-9444 (f) 360-379-4487 Always working for a safer and healthier community RECOMMENDATION: JCPH Management recommends BOCC signature of Amendment No. 4 to MOU with Hood Canal Salmon Enhancement Group; July 1, 2019 — September 30, 2021 REVIEWED BY: C4 � Mark McCauley, IrWim County Administrato " Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Z Date Always working for a safer and healthier community Environmental Public Health 360-385-9444 (f) 360-379-4487 AMENDMENT NO.4 TO MOU Between JEFFERSON COUNTY And HOOD CANAL SALMON ENHANCEMENT GROUP Lower Big Quilcene River Design and Acquisition The Memorandum of Understanding between Jefferson County, hereinafter referred to as `the County' and the Hood Canal Salmon Enhancement Group, hereinafter referred to as `Partner" for the Lower Big Quilcene River Design and Acquisition is amended effective July 1, 2021 through September 30, 2021. AMENDMENT PURPOSE: The purpose of this amendment is to extend the end date to September 30, 2021. SECTIONS CHANGED 4.c) Revised to extend the date from June 30, 2021 to September 30, 2021. All other terms and conditions of the original MOU and Amendment No.l*3 remain in full force and effect. All work performed consistent with the Agreement prior to the execution of this Amendment No. 4 is hereby ratified. IN WITNESS WHEREOF: the parties have signed this amendment. JEFFERSON COUNTY HOOD CANAL SALMON ENHANCEMENT GROUP Kate Dean, Chair Date Board of Jefferson County Commissioners ATTEST: Carolyn Gallaway Date Clerk of the Board APPROVED AS TO FORM: .# 4 July 20, 2021 Philip Hunsucker Date Chief Civil Deputy Prosecutor Date AMENDMENT NO.3 TO MOU Between JEFFER.SON COUNTY And HOOD CANAL SALMON ENHANCEMENT GROUP Lower Big Quilcene River Design and Acquisition The Memorandum of Understanding between Jefferson County, hereinafter referred to as `the County' and the Hood Canal Salmon Enhancement Group, hereinafter referred to as `HCSEG' for the Louver Big Quilcene River Design and Acquisition is amended effective July 1, 2019 through June 30, 2021. AMENDMENT PURPOSE The purpose of the amendment is to increase the contribution from 14CSEG from $54,000 to $79,826. Of this amount, $25,326 are eligible to reimburse the County's restoration costs only. La) Revised as follows: Through a matching contribution of $54,500, provide the means to support efforts of Jefferson County to acquire land, obtain associated closing documentation for acquisition, take title to land acquired, and to otherwise meet the deliverables of its Recreation and Conservation Office Grant while furthering the Scope of work for the Floodplains by Design Grant. Lb) Through a matching contribution of $25,326, provide the means to support efforts of Jefferson County to conduct assessments, remove improvements and restore acquired land to native vegetation and to meet other restoration deliverables. 4.e) Revised address for HCSEG to PO Box 2169, Belfair, WA 95528. Update Project Manager to Gus Johnson and email address to gus@pnwsalmoncenter.org. All other terms and conditions of the original MOU, Amendment No. l and Amendment No. 2 remain in full force and effect. All work performed consistent with the Agreement prior to the execution of this Amendment No. 3 is hereby ratified. IN FITNESS WHEREOF: the parties have signed this amendment. JEFFERSON COUNTY HOOD CANAL SALMON /70 2- Kate Dean, Chair Date Board of Jefferson County Commissioners ATTEST: k By: Cddcdlollv .- _ (".'arolyii Clei*k � f di , 3oird �� SALMON ENHANCMENT GROUP Date APPROVED AS TO FORM ONLY: B . C y_�w ..- -. ._ Philip C. Hunsucker s Chief Civil eput. r Prosecuting Attorney AMENDMENT NO, 2 TO MOU Between JEFFERSON COUNTY and HOOD CANAL SALMON ENHANCEMENT GROUP Lower Big Quileene River Design and Acquisition The Memorandum of Understanding between Jefferson County, hereinafter referred to as `the County' and the Hood Canal Salmon Enhancement Group, hereinafter referred to as `Partner' for the Lower Big Quileene River Design and Acquisition is amended effective July 1, 2019 through June 30, 2021. AMENDMENT PURPOSE The purpose of this amendment is to extend the end date to June 30, 2021. SECTIONS CHANCED 4.c) Revised to extend the end date from June 30, 2019 to June 30, 2021. All other terms and conditions of the original MOU and Amendment No. 1 remain in fill force and effect. All work performed consistent with the Agreement prior to the execution of this Amendment No. 2 is hereby ratified. IN WITNESS WHEREOF: the parties have signed this amendment. JEFFERSQ� COUNTY �lk 2 Greg BrOt , ho'n, Chair Date Board of Jefferson County Commissioners ATTEST: Carolyn Gallaway Date Deputy Clerk of the Board APPROVED AS TO FORM: Z h�, zo Philip Hunsucker- Date Chief Civil Deputy Prosecutor HCSG � Date Page 1 of I AMENDMENT NO. 1 TO MOU Between J EFFERS ON COUNTY and HOOD CANAL SALMON ENHANCEMENT GROUP Lower Big Quilcene River Design and Acquisition The Memorandum of Understanding between Jefferson County, hereinafter referred to as `the County' and the Hood Canal Salmon Enhancement Group, hereiiiafter referred to as `Partner' for the Lower Big Quilcene River Design ajad Acquisition is amended effective July 1, 201.9 through June 30, 2020. AMENDMENT PURPOSE The purpose of this amendment is to extend the end date to Julie 30, 2020, remove task --specific funding allocations, and to simplify coordination requirements. SECTIONS CHANGED La) Revised as follows: Through a matching contribution of $50,000, provide the means to support efforts of Jefferson County to acquire land, obtain associated closing documentation for acquisition, take title to land acquired, and to otherwise meet the deliverables of its RCO grant while furthering the Scope of Work for the FbD grant. Lb) Deleted Lc) Deleted Ld) Deleted Le) Deleted 2.a.7) Deleted 2.b.3) Deleted 4.c) Revised to extend the end date from Julie 30, 2019 to June 30, 2020. 4.e) Revised address for HCSEG to PO Box 2169, Belfair, WA 98528. Updated Project Manager to Camilla Popp and email address to caiiiilla a@piiwsaliiionceiater.org. All other terms and conditions of the original MOU remain in full force and effect. All work performed consistent with the Agreement prior to the execution of this Amendment No. 1. is hereby ratified. IN WITNESS WHEREOF: the parties have signed this amendment. JEFFERSON COUNTY r a e Dean, Chair Date Board of Jefferson County Commissioners f3CSG Date Page I of 2 ATTEST: J Carolyn Date Deputy Clerk of the Board APPRO AS TO FORM: 0 .01, -.- / ,�~ i-I-illip sucker' Date Chief Civil Deputy Prosecutor Page 2 of 2 MEMORANDUM OF UNDERSTANDING Between Jefferson County and the Hood Canal Salmon Enhancement Group This Memorandum of Understanding ("MOU") is made and entered into on January 1, 2019 ("Effective Date") by and among the Hood Canal Salmon Enhancement Group, a 5 01 c3 non-profit group, referred to as "I-ICSEG" and Jefferson County referred to as "County", - Whereas, HCSEG and the County have collaborated since 2015 towards the restoration of the lower Big Quilcene River floodplain to achieve multiple ecological and community benefits; and Whereas, acquisition from willing sellers of a number of privately held properties located on the lower Big Quilcene River floodplain is necessary to the vision of reestablishing natural, self-sustaining fish and wildlife habitat and to recovering ESA -listed Hood Canal Summer Chum Salmon; and Whereas, the Recreation and Conservation office (RCO) Salmon Recovery Funding Board has awarded the County grant funds to complete Project # 17-1052, herein referred to as "Project A", to acquire properties from willing landowners for the purpose of habitat restoration (Attachment A.); and Whereas, the Washington State Department of Ecology "Ecology" has awarded HCSEG grant funds through the Floodplain by Designs (FbD) Grant Program to also fund acquisition of floodplain properties from willing sellers through the Lower Big Quilcene River Design and Acquisition Project, Ecology, EAGL Grant Number: SEAFBD-2017-HoCSEG--00009, here referred to as "Project B" (Attachment B). Whereas, Project A and Project B are compatible in purpose and scope with regard to acquisitions and outreach, and HCSEG wishes to pass through a portion of its Floodplain by Design resources to assist the County in meeting their RCO (Project A) grant match requirements; and Whereas, HCSEG and the County acknowledge the mutual benefit of partnering in order to make the best and most efficient use of grant resources. Now, then gfore, based on the mutual understanding made herein, both parties agree as follows: HCSEG and Jefferson County will coordinate on further restoration efforts of the Lower Big Quilcene River Design and Acquisition: 1. The Hood Canal Salmon Enhancement Group will: a. Provide the means to support efforts of Jefferson County to acquire land, obtain associated closing documentation for acquisition, and take title to land acquired. It is the responsibility for the HCSEG to provide the means for these actions. The means will provide match to the County's RCO grant while furthering the Scope of Work for the FbD grant. b. HCSEG will coordinate on the contracting process; concur on the successful candidate(s); award the contract; and receive and pay invoices up to a value of $28,555. c. Provide the means for land acquisition through an escrow process up to a value of $105000 d. Provide for necessary acquisition related expenses, incurred by Jefferson County, up to a value of $1 I ,445.00 e. Submit to County on a quarterly basis paid receipts for contracted services (for County's RCO match). f. The Hood Canal Salmon Enhancement Group will not provide administrative, outreach or any other staff time or services or hire temporary staff in connection with the County's RCO grant. 2. Jefferson County will bring to this MOU: staff resources for administrating and managing newly acquired land(s) in addition to being responsible for all of their #17-1052 RCO grant for habitat restoration. Specific to this MOU, tasks include: a. Land Acquisition and Support: 1. Conduct outreach and education to potential willing sellers of land. 2. Obtain County and RCO required approvals necessary to initiate and complete landowner negotiations and closings. 3. Obtain an Acquisition Report (Attachment C) for each property acquired. 4. Provide escrow payment requests to HCSEG at least three weeks in advance of closing. 5. Submit to HCSEG a completed pre -closing and apost-closing report (Attachment D and Attachment E) for each property and draft stewardship plan(s). 6. In accordance with RCO Manual 3, Acquiring Lands (https-://www.rco.wa.gov/documeiits/inanuals&forms/Manual — 3_acq.pdf,df, take title of each property acquired through this MOU to include recordinga Conservation Covenant to preserve land acquired as open space in perpetuity and protected from future development. Jefferson County shall be named as "Grantor"; and Washington State Department of Ecology shall be named as "Grantee". As allowed by the "Grantor" or "Grantee", Hood Canal Salmon Enhancement Group shall also have the right to inspect the property to ensure terms of the covenant are being met. 7. HCSEG will receive and pay invoices. HCSEGwill forward copies of paid invoices on a quarterly basis to the County to serve as match for the County's RCO grant. b. Administrative and Management Support Conduct a competitive procurement process for acquisition related contract and consultant services. 2 2. All bidding, contracting and RFQ procedures will follow County procurement procedures, including Chapter 39.80 RCw and Chapter 3.55 of the Jefferson County Code. 3. All bidders will be notified in writing that both HCSEG and Jefferson County will serve as the affiliated client. 4. Contracting process will be conducted by the County including developing a list of potential contractors and scope of work for an RFQ with concurrence by HCSEG. 5. Prior to commencing work, HCSEG shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terns of the Agreement. a. 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 I-ICSEG's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3) Non -owned automobiles. b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following ininiinuin coverage: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Fora Contractual/Commercial Liability — including coverage for products and completed operations; iv. Premises — operations Liability (M&C); V. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. c. Professional Liability Insurance. HCSEG shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement, on a fon-n acceptable- to Jefferson County Risk Management in the amounts of not less than $ 1,000,000 Each Claim and $2,000,000 Aggregate. The professional liability insurance policy should be on an "occurrence" form. If the professional liability policy is "claims made," then an extended reporting periods coverage (tail coverage) shall be purchased for three (3) years after the end of this Agreement, at HCSEG's sole expense. HCSEG agrees its obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three (3) years. d. 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. e. 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. f HCSEC 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 Public Health 615 Sheridan Street, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (3 0) 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 HCSEC 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 HCSEC 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. g. Failure of HCSEC to take out or maintain any required insurance shall not relieve HCSEC from any liability under the Agreement, nog- shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. h. HCSEC'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 both parties and be primary coverage for all losses covered by the above described insurance. i. Insurance companies issuing the 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 policy. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of HCSEC. k. 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 HCSEC shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 1. Insurance companies issuing HCSEC'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. rn. 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 HCSEC until HCSEC shall furnish additional security covering such judgment as may be determined by the County. CI n. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 4.8.62 RCW shall be non --contributory with respect to any policy of insurance HCSEG must provide in order to comply with this Agreement. o. The County may, upon HCSEG's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to HCSEG. p. HCSEG'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. q. 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. r. HCSEG'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. s. HCSEG shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all the requirements stated herein. t. 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. u. HCSEG- 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 Jefferson County Public Health Contracts Manager by registered mail, return receipt requested. v. HCSEG 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. W. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 3. Indemnity: a. HCSEG and the County shall indemnify, defend and hold harmless the other party, their officers, officials, employees, agents and volunteers, from liability, including the duty and cost to defend, hereunder and any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from acts, errors or omissions in performance of this Agreement. b. Should a court of competent jurisdiction determine that this Agreement is subject to RCw 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the parties, their officers, officials, employees, agents and volunteers, the liability of the parties, including the duty and cost to defend, hereunder shall be only to the extent of a party's share of fau It. c. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCw, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. 4. General Terms: a. Nothing in this MOU implies an obligation for HCSEG to provide the nwans to support a grant other than Projects A and B above. b. If funding from the RCO or Ecology is withdrawn, reduced, or limited in any way after the effective date of this agreement, this MOU will be amended or terminated as provided herein. C. Either H'CSEG or the County may terminate this agreement upon thirty (30) days written notice to the other party, otherwise this agreement shall he in effect until June 30, 2019, unless extended in writing by both parties as an amendment to this MOU. d. Consistent with Ecology's Floodplain by Design grant, participants of this MOU will follow Ecology's Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition (httpsHfoi-tress.wa.gov/ecy/pubIications/SuiumaryPages/I 701004.html)1) e. Notices: Notices to HGSEG shall be sent to the following addresses: Mendy Harlow, Executive Director Hood Canal Salmon Enhancement Group 600 NE Roessel Rd. Belfair, WA 98528 Ph: 360/275-3575 ext. 123 E-mail: mej nwsalni.o �ce�lte •.or Michelle Myers, Project Manager Hood Canal Salmon Enhancement Group 600 NE Roessel Rd. Belfair, WA 98528 Ph: 3 60/275-3 575 ext. 122 T E-mail: michelle � nwsa nioncep.ter.gKg' Notices to the Jefferson County shall be sent to the following address: Tami Pokorny, Natural Resources Program Coordinator Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Ph: 3 60/3 79-4498 Email: t okorny@co.jefferson.wa.us g. Each party to this Agreement, and each individual signing oil behalf of each party hereby represents and warrants to the other that it has full power and authority to enter this Agreement and that its executive, delivery and performance of this Agreement has been fully authorized and approved and that no further approvals or consents are required to bind such party. h. This MOU together with attachments Completely integrates the understandings of the parties with regard to its subject matter, and they have no other agreements or understanding with regard thereto. Any modification of this agreement must be in writing and signed by the parties. i. An estimated timeline for accomplishing the tasks associated with this agreement and RCO and Ecology grants is below. March 2019 MOU approved and signed by both parties March — May 1, 2019 County and HC SEO coordinate, communicate and meet with project area landowners. HCSEC contracts for mutually agreed upon acquisition related tasks. May 1, 2019 —June 30, 2019 County negotiates acquisition(s) for Project A properiy(ies), closes sale(s) with willing seller(s). Reports sent to RCO and DOE. (SIGNATURES FOLLOW ON NEXT PAGE) VA DATED this --�� --day of �OiYG�( -----. 2014 Hood Canal Salmon Enhancement Group Ilk By: _. Mendy Harlow Executive Director Jefferson C_0111 f-1, By .ate i5clall, 01 a i Jefferson Board of County Commissioners Attest/Authenticated: J` r Carolyn- (3aUaNvayi . T)e' 4ty;Clerlt of ffi . Boar(] (Seal) APPROVED AS TO FOR Philip C. Hunsucker Chief Civil Deputy Prosecuting Atto ey Attachments A: RCO Jefferson County Contract 17.1052 B : Ecology HCSEG Contract FYI 7-19 C: Acqu-isition Report D: Pre -Closing Report E: Post Closing Report S .� �7 •� f t !' DATED this day of 2019 Hood Canal Salmon Enhancement Group By: Mendy Harlow Executive Director Jefferson Coun By , �- Kate Dear ,Chair Jefferson Board of County Commissioners Attest/Authenticated By: f; Carolyn Callaway, ;r Deputy Clerk of -the Board r F f i Lt ! (Seal) 4 APPROVED AS TO FORM By: Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney Attachments: A: RCO Jefferson County Contract 17-I052 B : Ecology HC SECS Contract FY 1 7- 1 9 C : Acquisition Report D : Pre -Closing Report E: Post Closing Report �106