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Consent Agenda
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Pinky Feria Mingo, Environmental Public Health and Water Quality Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: ��� a- tdo)-d--
SUBJECT: Agenda item — INTERLOCAL AGREEMENT: Regarding Clallam County and
Jefferson County North Pacific Coast MRC Implementation; July 1, 2021 —
June 30, 2023; $15,000
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of an agreement re: Clallam County and Jefferson County
North Pacific Coast MRC Implementation; July 1, 2021 — June 30, 2023; $15,000.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
Jefferson County received funding from Washington Department of Fish and Wildlife (WDFW) to coordinate the
North Pacific Coast Marine Resources Committee (NPC MRC) in partnership with Clallam County. An Interlocal
Agreement will provide pass through funds for their representative to prepare for and attend monthly NPC MRC
meetings, attend the annual Coast MRC Program Summit, and participate in outreach events through June of
2023. The NPC MRC promotes awareness and stewardship of coastal ecosystems and natural resources of
western Clallam and Jefferson Counties.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The costs for approving this agreement are paid for by WDFW #21-18965. There is no impact to the General
Fund.
RECOMMENDATION:
JCPH Management recommends that the BoCC approve the agreement re: Clallam County and Jefferson
County North Pacific Coast MRC Implementation; July 1, 2021 —June 30, 2023; $15,000.
REVIEWED BY:
Ma ul County Administrator Date
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
WQ-22-026
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ki o Interlocal Agreement
c Regarding Clallam County and Jefferson County
North Pacific Coast MRC Implementation
WHEREAS, Chapter 36.125 RCW provided authority for the Washington Department of Fish
and Wildlife (WDFW)to create a new program to provide support for the development,
administration, and coordination of coastal Marine Resources Committees (MRCs) and MRC-
sponsored projects that benefit coastal and marine resources; and
WHEREAS, Clallam County and Jefferson County approved a joint resolution on September 15,
2009 to form the North Pacific Coast Marine Resources Committee (NPC MRC) under Chapter
36.125 RCW; and
WHEREAS,the Washington Department of Fish and Wildlife (WDFW)has contracted with
Jefferson County (WDFW#21-18965)to implement the North Pacific Coast Marine Resources
Committee; and
WHEREAS,the Interlocal Cooperation Act(Chapter 39.34 RCW)provides authority for
governmental entities to exercise their respective powers jointly through intergovernmental
agreements;
NOW, THEREFORE, it is mutually agreed that:
Jefferson County contracts with Clallam County to participate with Jefferson County in meetings
and educational outreach activities to support the North Pacific Coast Marine Resources
Committee, as outlined in the attached scope of work(Exhibit A), consistent with the grant
contract between Jefferson County and the Department of Fish and Wildlife#21-18965 and
Jefferson County will compensate Clallam County up to the sum of$15,000.00 in fiscal years
2021-2023 for the activities and products detailed in Exhibit A.
Each of the Counties will name an administrator for this Agreement who will also represent that
County on the Committee. Their names and job titles are listed here:
Rebecca Mahan, Clallam County Habitat Biologist/MRC Coordinator
Tami Pokorny, Jefferson County Natural Resources Program Coordinator
Any personal property purchased or leased by a County and used in furtherance of this
Agreement shall remain the property of the purchasing or leasing County or with the State of
Washington consistent with WDFW#21-18965.
Jefferson County will be responsible for maintaining the NPC MRC roster with the exception of
the Clallam County administrator named above and the three local residents from Clallam
County which will be appointed by Clallam County. Jefferson County and Clallam County will
Jefferson/ Clallam County Coastal MRC Interlocal Agreement 2021-23 1
WQ-22-026
coordinate to ensure that the voting membership,to include a total of six local residents, three
from each county, represent all four of the following categories:
Conservation/Environmental Groups
Recreational Groups
Economic Groups
Scientific Community
This agreement will terminate no later than June 30, 2023. Both parties may terminate this
agreement upon 30 days' notice to the director of Clallam County Community Development or
the director of Jefferson County Public Health for any reason.
To the extent of its comparative liability, each County agrees to indemnify, defend and hold the
other County, its elected and appointed officials, employees, agents and volunteers,harmless
from and against any and all claims, damages, losses and expenses, including but not limited to
court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for
any bodily injury, sickness, disease or death and for any damage to or destruction of any property
(including the loss of use resulting therefrom)which are alleged or proven to be caused by an act
or omission, negligent or otherwise, of its elected and appointed officials, employees, agents or
volunteers.
A County shall not be required to indemnify, defend, or hold the other County harmless if the
claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or
death or for any damage to or destruction of any property (including the loss of use resulting
therefrom) is caused by the sole act or omission of the other County.
In the event of any concurrent act or omission of the Counties, negligent or otherwise, these
indemnity provisions shall be valid and enforceable only to the extent of each County's
comparative liability.
The Counties agree to maintain a consolidated defense to claims made against them and to
reserve all indemnity claims against each other until after liability to the claimant and damages,
if any, are adjudicated. If any claim is resolved by voluntary settlement and the Counties cannot
agree upon apportionment of damages and defense costs,they shall submit apportionment to
binding arbitration.
If mutual indemnification language is used and includes a"waiver" of immunity under the
Washington State Industrial Insurance Act, RCW Title 51 or other workmen's compensation,
disability or benefit acts, the following language should be used to maintain basic workmen's
compensation protection for the County:
The indemnification obligations of the Counties shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by
application of any other workmen's compensation act, disability benefit act or
other employee benefit act. Each County hereby expressly waives any immunity
afforded by such acts to the extent required by a County's obligations to
Jefferson/Clallam County Coastal MRC Interlocal Agreement 2021-23 2
indemnify,defend and hold harmless the other County. A County's waiver of
immunity does not extend to claims made by its employees directly against the
County as employer. The foregoing indemnification obligations of the Counties
are a material inducement to enter into this Agreement and have been mutually
negotiated.
This agreement may be amended by the mutual written agreement of both parties. The basis for
amending or terminating this agreement may be an increase or decrease in project funding,
addition of required tasks not addressed in this agreement, or other items affecting the planning
process required under Chapter 36.125 RCW.
The effective date of this agreement shall be July 1,2021. This document may be executed in
counterparts, each of which will have the same force and effect of the original.
SIGNED this day of ,2022.
JEFFERSON COUNTY CLALLAM COUNTY
DATE: DATE:
BY: BY:
Heidi Eisenhour
Chair,Board of County Commissioners POSITION:
BY: BY:
Kate Dean
Commissioner POSITION:
BY: BY:
Greg Brotherton
Commissioner POSITION:
APPROVED AS TO FORM ONLY: APPROVED AS TO FORM ONLY:
BY: v June 8, 2022 BY:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Jefferson/Clallam County Coastal MRC Interlocal Agreement 2021-23 3
Exhibit A Scope of Work
North Pacific Coast Marine Resources Committee (MRC)
The following are tasks in contract WDFW Contract#21-18965 that require joint actions of both
Jefferson and Clallam counties, and for which Clallam County will be compensated in the total amount of
$15,000.00 during 2021-2023.
Jefferson County Estimated Allocation
(WDFW Contract#21-18965) Amount
Payroll and Travel $ 15,000.00
Supplies $ 00.00
$ 15,000.00
TOTAL:
Task 1: Two-County Partnership
Deliverable 1(a): Participate in the development of an inter-local agreement(ILA)to formalize the two-
county partnership for the NPC MRC.
Deliverable 1(b): When scheduling allows, attend monthly MRC meetings in Forks, or by video or phone
conference,the annual Coastal MRC Summit, and any other coastal MRC related meetings or events that
may be scheduled.
Deliverable 1(c): Participate in the development and implementation of annual MRC outreach events.
Jefferson/Clallam County Coastal MRC Interlocal Agreement 2021-23 4