HomeMy WebLinkAboutJefferson County Conservation District - 050321 -.6- 6
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AGREEMENT
11*
BY and BETWEEN
JEFFERSON COUNTY
And
JEFFERSON COUNTY CONSERVATION DISTRICT
For Funding 2021
Purpose: The purpose of this funding is to promote the conservation and wise use of Jefferson
County's natural resources for the benefit of its residents.
Parties: This funding is to assist Jefferson County Conservation District, hereinafter known as
"Conservation District", a governmental subdivision, and is provided by funds allocated by
Jefferson County, hereinafter known as "County", a municipal corporation and political
subdivision of the State of Washington.
Consideration: The services provided by Conservation District and the funds provided by
County constitute sufficient good and valuable consideration bargained for and exchanged by
the parties in support of this Agreement.
Section 1. Services to be Performed
The Conservation District shall use its capabilities to continue and update the ongoing
performance of the following services including the tasks and deliverables described herein:
Services:
1. To improve/protect water quality through a cooperative approach with landowners as
specified in the Conservation District's Annual Work Plan, and in cooperation with Jefferson
County, the Washington Department of Ecology, and the Washington Conservation
Commission.
2. To carry out the annual work plan of conservation, education and management of natural
resources in Jefferson County.
3. To assist the County and/or landowners in implementing salmon recovery and farmland
protection programs.
4. To provide public notification and public assistance regarding the aerial herbicide spraying
performed by forest landowners in Jefferson County.
5. To support Conservation District activities authorized by Chapter 89.08 RCW.
Tasks, Deliverables, and Deadlines:
1. Implement Conservation District annual work plan of conservation, education, and
management of the natural resources of Jefferson County.
Deliverables: Copy of 2021 Work Plan as approved by the Conservation District Board of
Supervisors and Annual Report of Accomplishments. Due Date: July 31, 2021.
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2. Provide technical assistance to landowners, community groups and County staff with water
quality, salmon habitat and farmland protection project planning and implementation.
Deliverables: Written summary of specific projects for which technical assistance or planning
assistance was provided. Utilize Excel spreadsheet, which was developed for specific projects.
Due Date: December 31, 2021.
3. Assist County and agricultural landowners with planning to protect existing fish and wildlife
habitat on agricultural lands.
Deliverables: Written summary of assistance, reports and plans developed
Due Date: December 31, 2021.
4. Provide public notification and public assistance regarding the aerial herbicide spraying
performed by forest landowners in Jefferson County; document, monitor and review the aerial
herbicide spraying.
Deliverables: Brief written summary of activities and findings from this task.
Due Date: December 31, 2021.
5. Provide technical assistance to the Watershed Planning Units and the County during WRIA
watershed planning processes.
Deliverables: Brief written summary of activities and accomplishments from this task.
Due Date: December 31, 2021.
Section 2. Term
This Agreement shall be for a term of one year, commencing on January 1, 2021 and ending on
December 31, 2021, except for quarterly reports whose term ends January 31, 2022 or when
the fourth quarter report is filed, whichever is last, unless this Agreement is terminated as
provided herein. All work consistent with the Services to be Performed and performed prior to
the execution of this Agreement is hereby ratified.
Section 3. Compensation
1. The County will provide the Conservation District with a grant to meet the purpose and for
services performed under Section 1 of this agreement.
2. The basic support grant shall be in the sum of$54,610 for the calendar year 2021.
Payments shall be made quarterly on a pro-rated basis and shall be payable on or after
February 1; May 1; August 1 and November 1, 2021 as invoiced by the Conservation District.
Payments are predicated on the deliverables and deadlines in Section 1; providing the quarterly
reports defined in Section 9, and providing the County with the certificates of insurance
coverage described in Section 6.
3. Records and accounts pertaining to this agreement are to be kept (6) years after final
payments. Copies shall be made available upon request.
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4. Inspection of records. All Conservation District records with respect to any matters covered
by this Agreement shall be made available to the County at any time during normal business
hours to allow the County to verify quarterly reports, deliverables and expenditures, and to
inspect, audit and make copies of any relevant data.
Section 4. Compliance with laws
The Conservation District 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.
Section 5. Indemnification
The Conservation District shall indemnify, defend at its own expense and hold harmless the
County, its officers, employees and agents from all claims, demands, or suits at law or equity
arising in whole or in part, directly or indirectly, from the Conservation District's negligence,
omissions or breach of any of its obligations under this Agreement.
The Conservation District specifically assumes potential liability for actions brought against the
County by the Conservation District's employees, including all other persons engaged in the
performance of any work or service required of the Conservation District under this Agreement
and, solely for the purpose of this indemnification and defense, the Conservation District
specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The
Conservation District recognizes that this waiver was specifically entered into pursuant to
provisions of RCW 4.24.115 and was subject of mutual negotiation.
Section 6. Insurance
The Conservation District shall obtain and keep in force during the terms of the Agreement, or
as otherwise required, the following insurance with companies or through sources approved by
the State Insurance Commissioner pursuant to RCW 48.05:
1. Worker's Compensation and Employer's Liability Insurance as may be required by the State
of Washington.
2. 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 $1,000,000 per occurrence in connection
with Conservation District's performance of the Agreement, including:
a. Owned Automobiles;
b. Hired Automobiles; and
c. Non-owned Automobiles.
3. General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000.00) 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 Agreement specifications. The 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: completed operations;
d. Premises —Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
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4. Said commercial automobile liability policy and general commercial liability policy shall name
the County as an additional insured and shall include a provision prohibiting cancellation or
reduction of coverage of said policy except upon thirty (30) days prior written notice to the
County. Certificates of coverage as required by this Section shall be delivered to the County
within thirty (30) days of execution of this Agreement.
All insurance policies obtained by Conservation District in order to comply with this Section shall
be primary as against any policy providing third party liability coverage or joint self-insurance
obtained and retained by the County through its membership in a "Risk Pool." The coverage
provided by the County through a Risk Pool shall be non-contributory to any insurance policy
the Conservation District must obtain and retain.
It is agreed by the parties that 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 so affected shall protect both parties and be primary coverage
for any and all losses covered by the above described insurance.
Section 7. Independence
The Conservation District and the County agree that the Conservation District is an independent
contractor with respect to the services provided pursuant to this agreement. Nothing in this
agreement shall be considered to create the relationship of employer and employee between
the parties hereto. The Conservation District shall not be entitled to any benefits accorded
County employees by virtue of the services provided under this agreement. 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 employee.
Section 8. Assignments and Subcontracting
The Conservation District may sublet or assign any of the services covered by this agreement
only with the express prior written consent of the County.
Section 9. Reporting
The Conservation District will provide a written quarterly report to the County of services
rendered under this agreement. The report shall contain a brief summary of the work performed
pursuant to this agreement, including a breakdown of progress and funds expended on tasks
and deliverables outlined in Section 1.
Duplicate copies of the quarterly report shall be submitted on or before April 30, July 31,
October 31, 2021 and January 31, 2022 to the Jefferson County Administrator, P.O. Box 1220,
Port Townsend, WA 98368; and to the Director of Environmental Health, Jefferson County
Public Health, P.O. Box 1220, Port Townsend, WA 98368. The County Administrator, or his/her
designee shall be the County's contact person for this Agreement.
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Section 10. Disputes
Differences, disputes and disagreements between the Conservation District and the County
arising under or out of the Agreement will be brought to the attention of the County at the
earliest possible time so that the matter may be settled or other appropriate action promptly
taken. Any dispute relating to the quality or acceptability of performance or compensation due
the Conservation District will be decided by the County Administrator. All rulings, orders,
instructions and decisions of the County Administrator will be final and conclusive. Solely for the
purposes of this Agreement, the County and the Conservation District agree that any judicial
appeal of the County Administrator's decision shall be governed both procedurally and
substantively by RCW 34.05.510 et seq., also known as the Administrative Procedures Act,
except that the State of Washington need not be named as a respondent or served pleadings in
such a judicial action.
Section 11. Termination
1. The County reserves the right to terminate this Agreement in whole or in part, without prior
written notice, in the event that expected or actual funding from any funding source is
withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event
of termination under this clause, the County shall only be liable for payment for services
rendered prior to the effective date of termination.
2. This agreement may also be terminated as provided below:
a. With 14 days' notice by the Board of County Commissioners (or their designee) for the
Conservation District's default or non-performance of responsibilities under this
Agreement. Conservation District may cure the default or non-performance during the 14
days that notice of termination is pending. The decision as to whether the Conservation
District has cured the default or non-performance shall be made at the sole discretion of
the County.
b. With 14 days notice by the Conservation District by voluntary resignation.
Section 12. Modification
This employment agreement may be modified at any time by written agreement of all parties.
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Section 13. Integrated Agreement
This Agreement together with attachments or addenda represents the entire and integrated
agreement between the County and the Conservation District and supersedes all prior
negotiations, representations, or agreements written or oral between the parties. This
agreement may be amended only by written instrument signed by both County and the
Conservation District.
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Approved this day of /1'1G v , 2021.
Board of County Commissioners, Board of Supervisors
Jefferson County, Washington Jefferson County Conservation District
5 AA/ &/e-
Kate Dean, Chair Date Chair Date
ATTEST:
C=i(- a way.
Carolyn Gallaway,
Clerk of the Board
APPROVED 7j0 FORM:
a C7
Philip Hunsu ker,
Chief Civil Deputy Prosecuting Attorney
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Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Adiel McKnight,Executive Assistant
DATE: May 3,2021
SUBJECT: AGREEMENT re: 2021 Funding Water Quality Improvement& Protection; In
the Amount of$54,610; Jefferson County Administrator; Jefferson County
Conservation District
STATEMENT OF ISSUE: The Board of County Commissioners will consider approving an annual
Community Services Agreement with the Jefferson County Conservation District.
ANALYSIS: The community services grant with the Jefferson County Conservation District supports the
Conservation District's work on water quality protection, resource conservation, education and management,
farmland protection, salmon recovery, public notification regarding aerial herbicide spraying by forest
landowners, and other Conservation District Activities authorized by state law.
FISCAL IMPACT: Jefferson County Conservation District $54,610
RECOMMENDATION: Approved the proposed community services agreement with the Jefferson County
Conservation District.
REVIEWED BY:
i ip Morlepiunty Adm njstratdr Date
CONTRACT REVIEW FORM
CONTRACT WITH: Jefferson County Conservation District TRACKING NO.: BOCC 2021-01
(Contractor/Consultant)
CONTRACT FOR: 2021 Water Quality Grant Funding TERM:_ 12/31/21
COUNTY DEPARTMENT: County Administrator
JAN 112020
For More Information Contact: Philip Morley t `
Contact Phone #: Ext.383 w.
RETURN TO: Leslie Locke RETURN BY: ASAP 4 n, fl
(Person in Department) (Date)
AMOUNT: $54,610 PROCESS: ❑ Exempt from Bid Process
❑ Consultant Selection Process
Revenue ❑ Cooperative Purchase
Expenditure ❑ Competitive Sealed Bid
Matching funds Required ❑ Small Works Roster
Source(s) of Matching Funds ❑ Vendor List Bid
❑ RFP or RFQ
❑ Other
Step 1: REVIEW BY E NT
Revi w b j Cl f /
Date Rev' e
APPROVED FORM ❑ Returned for revision(See Comments)
Comments
Step 2: REVIEW BY OS , J NG ATTORNEY
Review by: "i' Philip C. Hunsucker
421/
Date Reviewed: Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM R ed for revision(See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of
just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
o CoNM lssr Board of County Commissioners
�9�w�$ c°� 1820 Jefferson Street
m 4 PO Box 1220
Port Townsend, WA 98368
.481II NG'S Kate Dean,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3
May 5, 2021
Jefferson County Conservation District
205 W. Patison St.
Port Townsend, WA 98368
Dear Joe Holtrop,
Enclosed for signature are two (2) originals for AGREEMENT re: 2021 Funding Water Quality
Improvement and Protection; In the Amount of$54,610; Jefferson County Administrator;
Jefferson County Conservation District
Please sign both, keep one and return the second to:
Jefferson County Commissioner's Office
Attn: Adiel McKnight
P.O. Box 1220
Port Townsend, WA 98368
• Please remember that on or before April 30; July 31; October 31, 2021 and January 31, 2022
you are required to provide to the County: A quarterly report of the work performed pursuant
to this agreement, including a breakdown of progress and funds expended on tasks and
deliverables outline in Section 1.
• Please remember:
Deliverables: Copy of 2021 Work Plan as approved by the Conservation District Board of
Supervisors and Annual Report of Accomplishments. Due Date: July 31, 2021 2.
Deliverables: Written summary of specific projects for which technical assistance or
planning assistance was provided. Utilize Excel spreadsheet, which was developed for
specific projects. Due Date: December 31, 2021.
Deliverables: Written summary of assistance, reports and plans developed Due Date:
December 31, 2021.
Deliverables: Brief written summary of activities and findings from this task. Due Date:
December 31, 2021.
Deliverables: Brief written summary of activities and accomplishments from this task. Due
Date: December 31, 2021
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us
• The Conservation District shall obtain insurance as outlined in the terms of the Agreement and
provide a copy to this office.
• Payment will be provided upon invoice, subject to the terms of the Agreement.
Thank you for your assistance.
Sincerely,
Adiel Mc ig
Executive Assistant
Enclosure: Two (2) original copies for signature
2