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HomeMy WebLinkAbout112221ca08 615 Sheridan Street Port Townsend, WA 98368 6\4/-N etson www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Pinky Mingo, Environmental Public Health and Water Quality Director Tami Pokorny, Natural Resources Program Coordinator DATE: SUBJECT: Agenda Item - Interagency Agreement with WA Dept. of Fish and Wildlife (WDFW) to support the North Pacific Coast Marine Resources Committee (NPC MRC) and its projects; July 1, 2021 — June 30, 2023; $40,000 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of the Interagency Agreement with WA Dept. of Fish and Wildlife (WDFW) to support the North Pacific Coast Marine Resources Committee (NPC MRC) and its projects; July 1, 2021 —June 30, 2023; $40,000 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This Interagency Agreement funds and supports the administrative capacity for the North Pacific Marine Resources Committee, and to provide project funds for participation in the Washington Coastal Marine Advisory Council, and education and outreach activities. The goal of the Coastal MRC program is to understand, steward, and restore the marine and estuarine ecological processes of the Washington coast in support of ecosystem health, sustainable marine resource-based livelihoods, cultural integrity, and coastal communities. This contract supports education and outreach, coastal communities, marine life, sound science, and marine habitats. FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for the NPC MRC is provided by the State General Fund and administered through the WDFW Coastal MRC Program. There is no impact to the Jefferson County General Fund for this agreement and there are no match requirements. Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) (f)360-379-4487 Always working for a safer and healthier community EH-21-052 RECOMMENDATION: JCPH Management recommends BOCC signature for the Interagency Agreement with WA Dept. of Fish and Wildlife (WDFW) to support the North Pacific Coast Marine Resources Committee (NPC MRC) and its projects; July 1, 2021 —June 30, 2023; $40,000 REVIEWED BY: /4/c, Mark McCauley, I im County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 Always working for a safer and healthier community (f)360-379-4487 360-385-9401 (f) DocuSign Envelope ID:B97DC4F9-F7F9-4612-BD08-C6686B7CD040 Sitakington law Department of FISHi INTERAGENCY AGREEMENT �`.•cap. WILDLIFE TITLE: North Pacific Marine Resource Committee 21-23 WDFW NUMBER: 21-18965 CONTRACTOR: Jefferson County CONTRACT PERIOD: 07/01/2021 to 06/30/2023 TYPE: Payable/Goods and Services/Interlocal CONTRACT VALUE: $40,000.00 A. PARTIES TO THIS CONTRACT This Contract is entered into between the Washington State Department of Fish and Wildlife (WDFW), 600 Capitol Way North, Olympia, WA 98501-1091; and Jefferson County (Contractor), PO Box 1220, Port Townsend, WA 98368; and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF CONTRACT This contract sets out the terms and conditions by which the Contractor shall provide goods and/or services to WDFW. C. DESCRIPTION OF PROJECT The Contractor shall perform the project as described in Attachments, which are incorporated herein by this reference: Attachment-A-General Terms and Conditions Attachment- B-Contract/Project Summary Attachment-C-Statement of Work D. PERIOD OF PERFORMANCE The performance period under this Contract shall commence on 07/01/2021 and terminate on 06/30/2023. No expenditures made before or after this period are eligible for reimbursement unless incorporated by written amendment into this Contract. The Contract may be terminated, or the performance period extended pursuant to terms set forth in Attachment"A." E. COMPENSATION/PAYMENT The total dollars provided by WDFW for this project shall not exceed $40,000.00.The Contractor shall be responsible for all project costs exceeding this amount. Only eligible reimbursement activities that are in direct support of the project deliverables identified in this Contract will be reimbursed. Any additional services provided by the Contractor must have prior written approval of WDFW. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted to the Project Manager by the Contractor not more often than monthly. The invoices shall describe and document to WDFWs satisfaction a description of work performed, activities accomplished, or the progress of the project. The rates shall be in accordance with those herein agreed to. Payment shall be considered timely if made by WDFW within 30 days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. WDFW may, in its sole discretion, terminate the contract or withhold payments claimed by the Contractor for the services rendered if the Contractor fails to satisfactorily comply with any term or conditions of this contract. F. RIGHTS AND OBLIGATIONS All rights and obligations of the parties of this Contract are subject to this Contract, including the Attachments, which are incorporated herein by this reference. By signing this Contract, the Contractor acknowledges that they have read, fully understand, and agree to be bound by all terms and conditions set forth in this Contract. G. COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND WDFW POLICIES The Contractor shall comply with, all applicable state, federal, and local laws, and regulations, including published WDFW policies, while performing under this Contract WDFW#21-18965 PAGE 1 EH-21-052 uocusign tnveiope iu:tsaiuuat-a-I-n- -4012-tsuuts-t:notwesiuuu4U H. ORDER OF PRECEDENCE In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: Applicable Federal and State of Washington statutes and regulations. Special Terms and Conditions as contained in this basic contract instrument. Attachment A-General Terms and Conditions. Any other provision, term or material incorporated herein by reference or otherwise incorporated. I. CONTRACT REPRESENTATIVES The below named representatives for each of the parties shall be the contact people for all communications and billings regarding the performance of this Contract.All written communications regarding this Contract shall be sent to the designated representatives at the addresses below unless notified in writing of any change. Contractor's Representative Tami Pokorny Jefferson County Water Quality and Environmental Health Port Townsend WA 98368 (360)379-4498 tpokornvOco.iefferson.wa.us WDFW's Representative Amy Spoon PO Box 43200 Olympia, WA 98504-3200 (360)249-4628 ext 1228 amy.s000n@dfw.wa.gov J. ENTIRE CONTRACT This Contract, along with all attachments and exhibits, constitutes the entire agreement of the parties. No other understandings, verbal or otherwise, regarding this Contract shall exist or bind any of the parties. K. APPROVAL This contract shall be subject to the written approval of WDFWS authorized representative and shall not be binding until so approved. This Contract may be altered, amended, or waived only by a written amendment executed by both parties. IN WITNESS WHERE, WDFW and the Contractor have signed this contract. JEFFERSON COUNTY WASHINGTON DEPARTMENT OF FISH AND WILDLIFE SIGNATURE AND DATE SIGNATURE AND DATE Kate Dean Jeff Hugdahl PRINTED NAME AND TITLE PRINTED NAME AND TITLE Approved as to form only: P Date 11/9/2021 Philip C. Hunsucker,Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office WDFW#21-18965 PAGE 2 DocuSign Envelope ID:B97DC4F9-F7F9-4612-BD08-C6686B7CD040 Attachment A - GENERAL TERMS AND CONDITIONS Interagency Agreements DEFINITIONS CONFIDENTIALITY/SAFEGUARDING OF INFORMATION As used throughout this contract,the following terms shall The CONTRACTOR shall not use or disclose any information have the meaning set forth below: concerning the AGENCY,or information that may be classified A. "AGENCY"or"WDFW"shall mean the Department of as confidential,for any purpose not directly connected with the Fish and Wildlife of the State of Washington,any administration of this contract,except with prior written consent division,section,office, unit,or other entity of the of the AGENCY,or as may be required by law. AGENCY,or any of the officers or other officials lawfully DISALLOWED COSTS representing that AGENCY. The Contractor is responsible for any audit exceptions or B. "AGENT"shall mean the Director, and/or the delegate disallowed costs incurred by its own organization or that of its authorized in writing to act on the Director's behalf. Subcontractors. C. "CONTRACTOR"shall mean that firm, provider, DISPUTES organization, individual or other entity performing In the event that a dispute arises under this contract,it shall be service(s) under this contract and shall include all determined by a Dispute Board in the following manner: Each employees of the CONTRACTOR. party to this contract shall appoint one member to the Dispute Board.The members so appointed shall jointly appoint an D. "RCW"shall mean the Revised Code of Washington.All additional member to the Dispute Board.The Dispute Board shall references in the contract to RCW chapters or sections review the facts,contract terms and applicable statutes and rules shall include any successor,amended or replacement and make a determination of the dispute.The Dispute Board statutes. shall thereafter decide the dispute with the majority prevailing. E. "SUBCONTRACTOR"shall mean one not in the The determination of the Dispute Board shall be final and binding employment of the CONTRACTOR,who is performing all on the parties hereto.As an alternative to this process and if or part of those services under this contract under a applicable,either of the parties may request intervention by the separate contract with the CONTRACTOR. The terms Governor,as provided by RCW 43.17.330,in which event the "SUBCONTRACTOR"and"SUBCONTRACTORS"means Governor's process will control. SUBCONTRACTOR(s)in any tier. DUPLICATE PAYMENT ADVANCE PAYMENTS PROHIBITED The AGENCY shall not pay the CONTRACTOR, if the No payments in advance of or in anticipation of goods or CONTRACTOR has charged or will charge the State of services to be provided under this contract shall be made by Washington or any other party under any other contract or the AGENCY. agreement,for the same services or expenses. AMENDMENTS ENTIRE AGREEMENT This contract may be amended by mutual agreement of the This contract contains all the terms and conditions agreed upon parties. Such amendments shall not be binding unless they are by the parties. No other understandings,oral or otherwise, in writing and signed by personnel authorized to bind each of regarding the subject matter of this contract shall be deemed to the parties. exist or to bind any of the parties hereto. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990, EQUIPMENT MANAGEMENT PUBLIC LAW 101-336,also referred to as the"ADA"28 For the purposes of this contract,"Inventoriable Equipment" CFR Part 35 shall mean a tangible asset which has a service life of more The CONTRACTOR must comply with the ADA,which than one year and with a unit cost of$5,000 or greater; and provides comprehensive civil rights protection to individuals tangible assets with a unit cost of more than$300 that the with disabilities in the areas of employment, public AGENCY considers"small and attractive,"such as engines, accommodations,state and local government services,and chain saws,communications equipment,global position telecommunications. systems,optical devices,cameras, microcomputer and related systems,and video equipment; and firearms, boats and ASSIGNMENT motorized vehicles of any value. Neither this contract, nor any claim arising under this contract, If the CONTRACTOR uses contract funds to purchase shall be transferred,or assigned by the CONTRACTOR Inventoriable Equipment,title to that Inventoriable Equipment without prior written consent of the AGENCY. shall be held by the AGENCY unless otherwise specified in this contract. The AGENCY's Inventoriable Equipment WDFW#21-18965 PAGE 3 DocuSign Envelope ID:B97DC4F9-F7F9-4612-BD08-C6686B7CD040 I provided to the CONTRACTOR shall be used only for the contract in accordance with state law and Department of Labor performance of this contract.Title to the AGENCY's and Industries rules and regulations. Inventonable Equipment shall remain with the AGENCY. RECORDS MAINTENANCE The CONTRACTOR shall take reasonable steps to account for The parties to this contract shall each maintain books, records, and protect Inventonable Equipment from loss or damage; documents,and other evidence which sufficiently and properly report to the AGENCY any loss or damage of such property; reflect all direct and indirect costs expended by either party in the and take reasonable steps to protect such property from performance of the services described herein.These records further damage. The CONTRACTOR shall surrender to the shall be subject to inspection, review,or audit by personnel of AGENCY all Inventonable Equipment either provided by the both parties,other personnel duly authorized by either party,the AGENCY or purchased with contract funds upon the Office of the State Auditor,and federal officials so authorized by completion or termination of this contract. law.All books,records,documents,and other material relevant to FINAL INVOICE this contract will be retained for six years after expiration and the The CONTRACTOR shall submit the final invoice not later than Office of the State Auditor,federal auditors,and any persons duly 60 calendar days from the end of the contract period. authorized by the parties shall have full access and the right to examine any of these materials during this period. GOVERNING LAW Records and other documents,in any medium,furnished by one This contract shall be construed and interpreted in accordance party to this contract to the other party,will remain the property of with the laws of the State of Washington,and the venue of any the furnishing party,unless otherwise agreed.The receiving party action brought hereunder shall be in the Superior Court for will not disclose or make available this material to any third Thurston County. parties without first giving notice to the furnishing party and giving HOLD HARMLESS it a reasonable opportunity to respond. Each party will utilize Each party to this contract will be assigned,and assume reasonable security procedures and protections to assure that responsibility for any damages to third parties that are records and documents provided by the other party are not attributable to the negligent acts or omissions of the individual erroneously disclosed to third parties. party. Both parties agree,to the extent permitted by law,to RIGHT OF INSPECTION defend, protect,save, and hold harmless the other party, its The CONTRACTOR shall provide right of access to its facilities officers, agents,and employees from any and all claims,costs, to the AGENCY,or any of its officers, or to any other damages, and expenses suffered due to each party's own authorized agent or official of the state of Washington or the actions or those of its agents or employees in the performance federal government,at all reasonable times, in order to monitor of this contract. and evaluate performance,compliance,and/or quality INDEPENDENT CAPACITY assurance under this contract. The employees or agents of each party who are engaged in the RIGHTS IN DATA performance of this contract shall continue to be employees or Unless otherwise provided,data which originates from this agents of that party and shall not be considered for any purpose contract shall be"works for hire"as defined by the U.S.Copyright to be employees or agents of the other party. Act of 1976 and shall be owned by the AGENCY. Data shall NONDISCRIMINATION include,but not be limited to, reports,documents,pamphlets, During the performance of this contract, both parties shall advertisements,books magazines,surveys,studies,computer comply with all federal and state nondiscrimination laws, programs,films,tapes and/or sound reproductions.Ownership regulations,and policies. In the event of the CONTRACTOR'S includes the right to copyright,patent,register and the ability to non-compliance or refusal to comply with any transfer these rights. nondiscrimination law, regulation,or policy,this contract may SAVINGS be rescinded,canceled,or terminated in whole or in part,and In the event funding from state,federal,or other sources is the CONTRACTOR may be declared ineligible for further withdrawn, reduced,or limited in any way after the effective contracts with the AGENCY. The CONTRACTOR shall, date of this contract and prior to normal completion,the however, be given a reasonable time in which to cure this AGENCY may terminate the contract under the"Termination" noncompliance.Any dispute may be resolved in accordance clause,without the thirty-day notice requirement,subject to with the"Disputes"procedure set forth herein. renegotiation at the AGENCY'S discretion under those new PREVAILING WAGE funding limitations and conditions. If any work performed by subcontractors is subject to Chapter SEVERABILITY 39.12 of the Revised Code of Washington,the CONTRACTOR The provisions of this contract are intended to be severable. If shall ensure that its subcontractors pay the prevailing rate of any term or provision is illegal or invalid for any reason wages to all subcontractor workers, laborers,or mechanics in whatsoever,such illegality or invalidity shall not affect the the performance of any part of the work described in the validity of the remainder of the contract. W D FW#21-18965 PAGE 4 Docusign Envelope ID:B97DC4F9-F7F9-4612-BD08-C6686B7CD040 SUBCONTRACTING written notification to the other party. If this contract is so Neither the CONTRACTOR nor any SUBCONTRACTOR shall terminated,the parties shall be liable only for performance enter into subcontracts for any of the work contemplated under rendered or costs incurred in accordance with the terms of this this contract without obtaining prior written approval of the contract prior to the effective date of termination. AGENCY. In no event shall the existence of the subcontract TERMINATION FOR CAUSE operate to release or reduce the liability of the CONTRACTOR If for any cause,either party does not fulfill in a timely and proper to the AGENCY for any breach in the performance of the manner its obligations under this contract,or if either party CONTRACTOR'S duties.This clause does not include violates any of these terms and conditions,the aggrieved party contracts of employment between the CONTRACTOR and will give the other party written notice of such failure or violation. personnel assigned to work under this contract. The responsible party will be given the opportunity to correct the Additionally,the CONTRACTOR is responsible for ensuring violation or failure within 15-working days. If failure or violation is that all terms,conditions,assurances,and certifications set not corrected,this contract may be terminated immediately by forth in this contract are carried forward to any subcontracts. written notice of the aggrieved party to the other. CONTRACTOR and its subcontractors agree not to release, WAIVER divulge, publish,transfer,sell or otherwise make known to Waiver of any default or breach shall not be deemed a waiver unauthorized persons personal information without the express of any subsequent default or breach.Any waiver shall not be written consent of the agency or as provided by law. construed to be a modification of the terms of this contract TERMINATION unless stated to be such in writing and signed by authorized Either party may terminate this contract upon 30-days'prior representative of the AGENCY. APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 3/20/2015 WDFW#21-18965 PAGE 5 DocuSign Envelope ID:B97DC4F9-F7F9-4612-BD08-C6686B7CD040 Attachment B - CONTRACT/PROJECT SUMMARY TITLE: North Pacific Marine Resource Committee 21-23 WDFW CONTRACT NUMBER: 21-18965 PERIOD: 07/01/2021 to 06/30/2023 WDFW MANAGER: Amy Spoon CONTRACTOR: Jefferson County (360)249-4628 ext 1228 CONTRACTOR CONTACT: Tami Pokorny (360)379-4498 CONTRACT TYPE: Payable/Goods and Services/Interlocal SUMMARY CONTRACT DESCRIPTION: The purpose of this contract is to support the administrative capacity for the North Pacific County Marine Resources Committee(MRC) and provide funds for the MRC to participate in meetings of the Washington Coastal Marine Advisory Council(WCMAC)and projects. The goal of the Coastal MRC Program is to understand,steward, and restore the marine and estuarine ecological processes of the Washington coast in support of ecosystem health,sustainable marine resource-based livelihoods,cultural integrity, and coastal communities. This contract addresses the following program benchmarks: Education and Outreach, Coastal Communities, Marine Habitats, Marine Life, Marine and Freshwater Quality, and Sound Science. Master Index Number(s): 37218 CFDA Number Award Year Award Number Research & Development? Not Applicable WDFW#21-18965 PAGE 6 DocuSign Envelope ID:B97DC4F9-F7F9-4612-BD08-C6686B7CD040 Attachment C Statement of Work 2021-2023 COASTAL MRC- North Pacific Coast MRC 07/01/2021—06/30/2023 SUMMARY PROJECT DESCRIPTION The purpose of this contract is to support the administrative capacity for the North Pacific County Marine Resources Committee (MRC)and provide funds for the MRC to participate in meetings of the Washington Coastal Marine Advisory Council (WCMAC)and projects. The goal of the Coastal MRC Program is to understand,steward,and restore the marine and estuarine ecological processes of the Washington coast in support of ecosystem health, sustainable marine resource-based livelihoods, cultural integrity, and coastal communities. This contract addresses the following program benchmarks: Education and Outreach, Coastal Communities, Marine Habitats, Marine Life, Marine and Freshwater Quality,and Sound Science. Contract Award for FY2021 and FY2023: $40,000 The following tasks are required for the completion of this contract: Operations-Task 1: MRC Coordination Jefferson County will provide MRC coordinator support for the MRC. This includes planning,organizing, and facilitating meetings, recording and distributing meeting and activity summaries to those interested in the MRC activities. The MRC coordinator will manage tasks of the MRC,assign work to volunteers, and assure timely completion of work and final reports. The MRC coordinator is also responsible for coordinating with WDFW and completing contract deliverables. Additionally,the MRC coordinator will maintain and develop outreach tools to communicate with the MRC and the public regarding activities and accomplishments. Cost:$40,000 Deliverable la: If changed, name and contact information for the MRC Coordinator and County contacts. (Due November 15, 2021 and October 15, 2022) Deliverable lb: FY2021 and FY2023 project budget and work plan. (Due December 15, 2021 and June 15, 2022, respectively) Deliverable 1c: Annual Report that includes summary of actions/projects completed in each calendar year with a list of project partners, a program/project highlight and priority actions for the next year. This information will be included in the annual report to the Legislature. (Due October 31, 2021 and October 31, 2022 for each Calendar Year) Deliverable 1d: Submit quarterly progress reports on the Quarterly Report form describing the progress and barriers for each contract deliverable along with an A-19 request for reimbursement form. (Due October 15,January 15,April 15, and July 10 of each FY) DocuSign Envelope ID:897DC4F9-F7F9-4612-BD08-C6686B7CD040 Deliverable le: If revised, submit a list of county appointed MRC board members including full name, organization and MRC seat representation. If revised, approved Ground Rules and By Laws. (Due July 10, 2021 and July 10, 2022) Deliverable 1f: As necessary, send WDFW coordinator updates for program website and develop additional outreach tools. (Due as necessary) Deliverable 1g: Submit a final report that includes recommended products for MRC development, a description of challenges and growth over the past year, and ideas on new ways to utilize the MRC to implement the Coastal MRC Program Priorities. (Due July 10, 2021 and July 10, 2022) DocuSign- Certificate Of Completion Envelope Id:B97DC4F9F7F94612BD08C6686B7CD040 Status:Sent Subject:21-18965 Source Envelope: Document Pages:8 Signatures:0 Envelope Originator: Certificate Pages:5 Initials:0 DFW DocuSign Contracts AutoNav:Enabled 1111 Washington Street EnvelopeId Stamping:Enabled Olympia,WA 98501 Time Zone:(UTC-08:00)Pacific Time(US&Canada) svcDocuSignCT477@dfw.wa.gov IP Address:34.218.25.184 Record Tracking Status:Original Holder:DFW DocuSign Contracts Location:DocuSign 10/11/2021 8:35:41 PM svcDocuSignCT477@dfw.wa.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:Washington State Department of Fish& Location:DocuSign Wildlife Signer Events Signature Timestamp Philip Hunsucker Sent:10/12/2021 9:20:07 AM phunsucker@co.jefferson.wa.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kate Dean KDean@co.jefferson.wa.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff Hugdahl Jeffrey.Hugdahl@dfw.wa.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status, Timestamp Certified Delivery Events Status Timestamp Tami Pokorny Sent: 10/11/2021 8:37:24 PM tpokorny@co.jefferson.wa.us VIEWED Viewed: 10/12/2021 9:20:07 AM Security Level:Email,Account Authentication (None) Using IP Address:64.184.145.20 Electronic Record and Signature Disclosure: Accepted: 10/12/2021 9:20:07 AM ID:e74f1cba-aa30-4ef6-b69e-1b7928228f95 Carbon Copy Events Statuslestamp Janice Jackson janice.jackson@dfw.wa.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Testarnp Notary Events Signature Timestamp Envelope Summary Events Status Time tamps' Envelope Sent Hashed/Encrypted 10/11/2021 8:37:24 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:4/21/2020 2:25:20 PM Parties agreed to:Tami Pokorny ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Fish& Wildlife (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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