HomeMy WebLinkAboutChickadee Forestry Amend No 3 Scope of work JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Heidi Eisenhour, Commissioner
DATE: September 12, 2022
SUBJECT: Request Board of County Commissioners approval of Amendment No. 3 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 an additional one-year extension(through December 31, 2023),
add an additional amount to the agreement's not to exceed cost and to modify the statement of work.
ANALYSIS:
The project has increased in scope as state and private forestlands have now been included due to an
emerging partnership with the Washington State Department of Natural Resources. Select forest stands will
evaluated for management options. Based on this evaluation certain state and private forestlands in the
county will be further evaluated and considered for potential transfer to, or acquisition by,the county or
DNR for stewardship. There is also an increase in public outreach and county leadership needed due to the
increased scope of work.
FISCAL IMPACT:
The additional cost of the amendment of$32,000 bringing the total four-year cost to $135,000, much of
which has been or will be offset by program revenue. A supplemental appropriation will be submitted for
Board approval in the 3rd quarter of 2022 for the increase in the contract amount.
RECOMMENDATION:
That the Board of County Commissioners approve the attached Amendment No.3 to the Professional
Services Agreement with Chickadee Forestry, LLC.
REVIEWED BY:
/i ;":„Ze_
Mark Mc ey, County Administrator ate
Amendment No. 3 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. 3 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, the
not to exceed contract dollar amount and the scope of work as provided for in the original
Professional Services Agreement, as amended. 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 the attached Statement of
Work no later than December 31, 2023."
Paragraph 4.a. is amended to read"Payment to Consultant during the initial and one-
year extended terms shall not exceed $135,000 without express written modification
of this Agreement signed by the County."
A revised Statement of Work, which replaces all previous statements of work, is
attached.
(SIGNATURES FOLLOW ON NEXT PAGE)
1
_ -
FOR CI liCKADEE FORESTRY:
Malloree Weinheimer, Principal
Date
FOR JEF PERSON COUNTY:
Heidi Fisenhour, Chair, Board of County Commissioners
Date
APPROVED AS TO FORM ONLY:
August 31,2022 for
Philip C. I lunsucker, Date
Chief Civil Deputy Prosecuting Attorney
2
Jefferson County Scope of Work 2022-2023
Forest Lands Analysis
The goal of the forest lands analysis is to look at both county and state forest lands managed by the Washington State
Department of Natural Resources (DNR) across Jefferson County in order to form a better understanding of both
short term and long term management options across the county. Forest management recommendations considered
will include improved forest health, climate change adaptation, fire mitigation, conservation, ecosystem services
including carbon sequestration, recreation, and economic return.
We will use the framework to also look at broader trends in the county and identify potential risks and opportunities,
for example, if there are commercial lands that are adjacent to public lands that may have high conservation value
and be a potentially beneficial future acquisition.
Economic review of management needs includes selective harvesting, carbon markets, community recreation
opportunities, and ways to bring in more green jobs and revenue to the county that aligns with forest health and
conservation objectives.
The result of this analysis will include a map and list of properties with management objectives outlined for county
owned properties. If there are state lands identified as ideal fits for TLT or reconveyance there will be management
recommendations included for those. Key lands and management needs will be outlined in detail for the next 5-10
years, and broader management goals will be outlined countywide. Cost and management analysis details will be
provided to help create context for staff to make informed decisions about forest management.
After this analysis is reported, commissioners will look to convening a task force in collaboration with Chickadee
Forestry and their team of advisors to develop a proposal for DNR. Chickadee Forestry has a team of technical
advisors and contractors (see attached list) that have worked on this project for the past 4 years and bring a
combination of expertise in land management and forestry and all have a connection to Jefferson county. They bring
over 100 years of combined experience and care deeply about the future of the forests and our community including
beneficiaries of timber harvests on state managed forestlands. Additional outside expertise may be needed to
develop this proposal and will be considered for addition to the task force.
Summary of Work:
Review of forestlands that will include County lands and DNR lands and look at broader trends across
landscapes in the county. The review will focus on categorizing lands for ecological and community
characteristics and values:
o Ecological characteristics may include forest type, succession stage, plant associations, habitat value,
unique ecological characteristics, conservation value, and forest health issues.
o Community characteristics may include recreation value (proximity to other recreational lands),
carbon storage, wildfire risk, access/use issues and economic considerations.
Management review will consider ecological, community and economic elements of both county and select
state lands to assess management options including but not limited to forest health improvement, fire risk
reduction, climate change adaptation, carbon storage, conservation, and selective harvesting.
o Management options will be assigned county and select state lands and will be based on forest
health conditions, climate change adaptation, fire risk reduction, carbon storage and forest health
improvement.
o Properties will be assigned management objectives for best use based on the analysis and may
include multiple management priorities on each property. Management options will include carbon
storage, conservation, recreational use, reconveyance, TLT, risk mitigation, and selective harvesting.
Where selective harvesting is recommended there will be volumes, harvest timing/intervals,
and harvest strategies/targets included.
o State lands management plans will be reviewed and potential alternative management strategies will
be outlined for comparison.
Financial review will include cost/benefit of managing lands and comparison of DNR vs county management
on DNR properties. Lands which are key ecologically, in context with connection to other public lands, forest
health value and/or management value (harvest, carbon, risk mitigation, etc.) will be identified for
consideration.
Seek collaboration and communication across stakeholders and through local partnerships. This program is
small and interdependent with county government, state government, and local county organizations. Efforts
will be made to align strategies and collaborate whenever possible as objectives align, and to communicate
regularly with stakeholders and organizational partners throughout this process.
Deliverables:
Product will be a comprehensive map and list of management options for the Jefferson County Forest Stewardship
Program and recommendations for relevant key state and private lands. Financial analysis and forest modeling
projections for different scenarios on key properties will be included. This work will be completed by end of January
of 2023.
Process:
A monthly report and invoice will be submitted by Chickadee Forestry’s principal, Malloree Weinheimer, the
Jefferson County. County Administrator, Mark McCauley, and County Commissioner, Heidi Eisenhour, will be
Chickadee Forestry’s main points of contact.
A public workshop to present initial work to and get input from the BoCC and public will be scheduled for the
week of November 14. A county webpage with information on this program for public information access will
th
also be developed. Beginning in in the 4 quarter of 2022, quarterly public meetings or workshops with the
BoCC will be held to gather input for the continued Forest Stewardship Program development process.
Jefferson County is encouraged to develop an independent forestry stakeholder group to review forestry
work as well for further input and representation.
Forest Management and Restoration
Chickadee Forestry’s principal, Weinheimer, will continue to serve as forester and advisor in a broader capacity for
the county as needs arise and will communicate expected work monthly prior to beginning. Smaller forestry and tree
removal projects have been in process and Chickadee Forestry will continue to advise and help manage these projects
on an as needed basis to help provide forestry expertise and assist with harvests and wood utilization.
As the scope of work for forest management needs develops through the forest lands analysis, a new scope of work
for management will be developed with the BoCC in 2023.
Chickadee Forestry SOW – Jefferson County Forestry Program 2022-2023
Budget
Total Budget
Forest Lands Analysis
Forest Lands Analysis $24k
Forest Management Planning $18k
Financial Analysis and DNR Lands Review $18k
Forest Management and Restoration
Forest Management Implementation $25k
Total $85k
Budget Notes:
Forestry consultant: $880/daily rate, $110/hr.
County estimated to recoup $5-10k net from small sales. $10k in grants already applied for.
Invoiced monthly based on work completed.
Budget and contract will be renegotiated in June 2023.
Chickadee Forestry SOW – Jefferson County Forestry Program 2022-2023
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Jefferson County Forestry Program
Summary of Work to Date
Chickadee Forestry Costs
2019 $ 14,700.00
2020 $ 25,987.28
2021 $ 15,680,00
Total $ 56,367.28
Revenue to County
Paid to date: $67,782.52 - �
Held in Trust: $20,000.00
Total; $87,782.52
Harvest Revenue Summary
Acres
Site Harvested MBF JC Total Revenue JC Revenue/Acre
I Chimacum Park 38 376 $ 86,026.49 $ 2,263.86
Beausite 100 377 $ 28,374.05 $ 283.74
CG Gravel 14 5.8 $ 13,933.81 $ 995.27
Trailhead 36 6 144 $ (42,557.80) $ (1,182.13)
LTotals 188 902.,80 $ 85,776.55 $ 611.01 I
Non-Revenue Work
• Multiple partnerships formed
• Community awareness,multiple news articles/press
• Jobs created,job training,money reinvested in community
• Restoration planting,weed mgmt,clean up
• Woodshed development
• Low value wood repurpose,continuing community wood sales
• Woodlot lease?
• Portland Airport
• ILFI Presentation
Amendment No. 2 to the Professional Services Agreement Between Chickadee
Forestry, Lf.0 and Jefferson County for Developing and Managing Jefferson County's
Sustainable Forestry Program
This Amendment No. 2 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 the attached Statement of
Work no later than December 31,2022."
Paragraph 4.a. is amended to read"Payment to Consultant during the initial and one-
year extended terms shall not exceed$103,000 without express written modification
of this Agreement signed by the County."
(SIGNATURES FOLLOW ON NEXT PACE)
1
FOR CHICKADEE FORESTRY:
V/ 111,1/,
Malloree Wcinheimcr. Principal
Date
FOR JEFFERSON COUNTY:
•
Heidi Eiscnhour. Chair. Board of County Commissioners
91
Date
APPROVED AS TO FORM ONLY:
4,414.44jak""-- April 20,2022
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
2
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: April 25, 2022
SUBJECT: Request Board of County Commissioners approval of Amendment
No.2 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.The first one-year extension was
approved by the Board on December 21,2020.This request is to amend the agreement to add the second 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 arc:
• 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
• Reduce fire hazard risk associated with harvesting activities
This agreement amendment will allow the program to continue providing the desired benefits.The amendment
includes a requirement to mitigate wildfire risks created by tree harvesting activities.
This phase of the project includes a specific statement of work which is included in the amendment.
FISCAL IMPACT:
The additional cost of the amendment of S53,000 and the previously amended cost of S50,000 will be just about offset
by program revenues. A supplemental appropriation will be submitted for Board approval in the 2nd quarter of 2022
for the increase in the contract amount. A summary of program revenues and expenses to date is attached.
RECOMMENDATION:
That the Board of County Commissioners approve the attached Amendment No.2 to the Professional Services
Agreement with Chickadee Forestry,LLC.
REVIEW BY:
Mark McCaulc , ounty AdministratorDatr/20-/—
All,
(.ili(.h, 1I)l I
FORE STk
Jefferson CountyScope of
Work 2022
Forest Lands Analysis-Budget:$21k
Deliverables:
• Analysis of properties to focus on for near term,long term conservation,restoration,and management cost
analysis,and includes prioritization of high value ecological/at risk sites.
• ONR management cost/benefit analysis of county lands management.
Forest Management Planning•Budget:$9k
Deliverables:
• County-wide near term(5-10 year)management timeline and cost projection,and longer range(10+year)
aims/targets.
• Coordination/funding.Aligning efforts with county agencies/collaborators.Wildfire protection plan funding,
acquisition and planning. RCO grants,others.Website and outreach for communication.
Ecological Forest Management,Monitoring,Restoration,Fire Hazard Mitigation-Budget:$23k
Deliverables:
• Harvests of hazard trees and selective harvests including sales,prep,and harvest management.
o Public works hazard tree harvests,continued wood sales,<10-acre ecological thinning
o Designing and implementing fire hazard mitigation strategies
• Establishing eight(8)long term monitoring plots in harvested areas and control areas.
• Noxious weed removal and planting at landing areas.
• Costs:plants and crew time.
Total Budget
Forest Lands Analysis
Land mgmt analysis,costs,opportunities + $16k
DNR lands mgmt cost/benefit analysis 55k
Forest Mgmt Planning i
Countywide Mgmt Timeline 54k
Coordination/Grants $5k
Ecological Forest Mgmt,Monitoring,Restoration,Fire Hazard
Mitigation
Harvest mgmt.,fire hazard mitigation&local wood sales $9k
Monitoring program $8k
Crew:Planting, noxious weeds, monitoring $4k
Plants/materials costs $2k
Total i $53k
Costs,Assumptions:
• Forestry consultant:$880/daily rate,$110/hr
• Crew:$200/daily rate,$25/hr,Crew lead:$280/daily rate,$35/hr
• Equipment included,driving time and mileage prorated.
• County estimated to recoup$5-10k net from small sales.$10k in grants already applied for.
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Amendment No.2,Chickadee Forestry,LLC Contract No: Chickadee Am No.2
Contract For: Sustainable Forestry Program Term: Through December 31, 2022
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-3854130
Contact email: mreccauleyacoferson vta.us
AMOUNT: S53,000 PROCESS: Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: $53,000 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A — Vendor List Bid
Fund# col LirPorRFQ
Munis Org/Obj ND51890/410000 Other:
APPROVAL STEPS:
STEP I. DEPARTMENT CERTIFIES COM NC WI AND CHAPTE 42 RCW.
CERTIFIED; N/A.:0 z z_
e
STEP 2, DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. e2
de ,
CERTIFIED: 1: N/A: Ej Z-. z,
aturc
STEP 3; RISK MANAGEMENT REVIEW(will be added electronically thr ugh Laserfiche):
Electronically approved by Risk Management on 4/20/2022.
STEP 4:PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfsche)
Electronically approved as to form by PAO on 4/20/2022.
Contract Amendment.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
C(, Pr"
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)
EMI b.
Chickadee Forestry, LLC
fl'a ?Lii1
Name and title
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FOR JEFFERS• COUNTY:
4 our.
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► ;•
Greg Brotherton, Chair, Board of County Commissioners
Date
APPROVED AS TO FORM ONLY:
Pi es
Philip C. H ns cker,
Chief Civil Deputy Prosecuting Attorney Zao
2
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PROFESSIONAL SERVICES AGREEMENT FOR
JEFFERSON COUNTY FORESTRY FEASIBILITY STUDY
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. The Consultant is retained by the County to assess Jefferson County
forest resources and determine whether the County could establish and maintain a
revenue producing, profitable and sustainable forestry program.
2. Scope of Services. Consultant agrees to perform the services and provide the
deliverables identified on Exhibit"A" attached hereto, including the provision of all
labor. Deliverables will be peer reviewed by Mr. Mike Cronin prior to delivering to
Jefferson County.
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 June 30, 2019.
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 shall not exceed$15,600 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.
c. 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 04/30/2018 Page 1 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.
5. 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 commercialgeneral liability insurance coverage
e 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 I0
Now
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
shallprocure a bond guaranteeingpayment of losses and related investigations, claim
P Y
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 the 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 Assignment. 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
party 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
Court of the State of Washington for
legal action shall be initiated in the Superiorg
g 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.
nt Contract A, Version 1 Risk Leal Review Date 04/30/2018 Pa e 9 of 10
Professional Services Agreeme g g
DATED this day of jaVt ua1,. , 20 l q .
c
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Malloree Weinheimer r"---
Name of Consultant Kate Dean, C it
Malloree Weinheimer '6 s
Consultant Representative David Sullivan, ber
4414460//A)AifriNt'tbk. ---------
(Signature) g B therton, Member
COO SuUM-
Title I
ji-i (19
Dto
Approved as to form only:
, a). C_44 / / rh 7
Philip C. Hunsucker 'Date
Chief Civil Deputy Prosecuting Attorney
zu 6
Mark McCa y D to
/ 7
Central Services Director
Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 10 of 10
•
Exhibit A
Jefferson County Forestry Feasibility Study
Malloree Weinheimer, Forester/Owner
Chickadee Forestry
malCc�chickadeeforestry.com
703.627.9763
Overview
The intent of this feasibility study is to research and identify potential sustainable forest management
strategies to implement on Jefferson County lands that balance long-term forest health and economic
value to the community while maintaining the recreational and ecological integrity of the land.
Project Description and Deliverables
Forest Assessment
• Review and inventory Jefferson County forested lands data to assess forest health issues,
forest types, and historical conditions to inform future management
• Research land reconveyance and determine feasibility in Jefferson County
• Identify appropriate diversified strategies that provide for the long ecological health and
resiliency of forest types (i.e. successional stages, ecological habitats, adjacent properties)
Economic Feasibility
• Identify possible revenue streams from forest products for our local economy
• Consult with local producers/buyers on supply/demand and new opportunities
• Produce financial analysis and projections on possible revenue streams from forest products
based on sustainable management strategies
• Identify cost incentive programs and grant opportunities for forest management
Community Outreach Plan
• Consult with regional forestry and land management experts to identify additional
gaps/barriers
• Identify partners in support of economic, ecological, and recreational goals of the county (ie
comp plan and other county documents)
• Develop plan for educational resources and events to educate community about forest
management
Benefits
• Strategies to
o Improve forest health and wildlife habitat
o Increase forest productivity and carbon absorption
o Develop sustainable management strategies
o Reduce fuel loads in forest
• Potential new revenue streams for County
Deliverables to be completed by June 30, 2019
Budget
Activity Estimated Time Cost
Forest Assessment 100 hrs $60/hr
Economic Feasibility 100 hrs $60/hr
Community Outreach Plan 30 hrs $60/hr
Peer review by Mike Cronin (subcontract) 10 hrs $60/hr
Travel Reimbursement TBD $.58/mile
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Mark McCauley, Central ices Director /07/6/
DATE: January 22,2019
SUBJECT: Request for Board of County Commissioner Approval of a
Professional Services Agreement with Chickadee Forestry to Conduct a Forestry
Feasibility Study for Jefferson County
STATEMENT OF ISSUE:
Jefferson County owns several hundred parcels of land within Jefferson County. Many of these parcels have
substantial forested areas. The County currently is not actively managing these forest resources,resulting in
less healthy trees, less than optimal wildlife habitat, unhealthy fuel loads, and less than optimal growth and
carbon dioxide absorption rates. In addition, these idle parcels are off the tax rolls and do not generate any
revenue for the County.
ANALYSIS:
Conducting a forestry feasibility study will give the County the information it needs to decide whether to
create a sustainable forestry program for responsible management of the forest resources it owns. The study
will also evaluate potential revenue streams to see if it can generate enough revenue to sustain the program
and provide additional revenue for other important county functions.
A successful sustainable forestry program could yield a number of benefits such as: improved forest health
and wildlife habitat, increased forest productivity and carbon absorption, and reduced fuels loads.
FISCAL IMPACT:
This agreement is for$15,600 which we will cover using non-departmental budget. We will request a
transfer from the Capital Improvement Fund in the 1st Quarter Supplemental to restore the non-departmental
budget.
RECOMMENDATION:
That the Board of Commissioners approve the attached professional services agreement with Chickadee
Forestry.
REV EWED BY:
hilip Morl ount' ministrator Date
CONTRACT REVIEW FORM `1 ` `'
CONTRACT WITH: Chickadee Forestry
CONTRACT FOR: County Forestry Feasibility Study TAtvE 2019
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a l (Person;tnD part ent)" .. �I' ;_.(Date)...;
AMOUNT: $15,�00 PROCESS: — Exempt from Bid Process
X Consultant Selection Process
Revenue: NIA too
Purchase
Expenditure: $15,�00 - Competitive Sealed Bid
Matching Funds Required: N/A —- Small Works Roster
Sources(s) of Matching Funds N/A — Vendor List Bid
— RFP or RFQ
_ Other
Step 1: REVIEW BY
"1Review by: l 1���
Date Reviewed:
APPROVED FORM Returned for revision(See Comments)
Comments
Step 2:
REVIEW BY PROSECUT G TTORNEY
Review by: (`
Date Reviewed: " R/UZ
EY APPROVED AS TO FORM 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 originals and 6 copies of Contract,Review Form,and Agenda Bill to BOCC Office.
Place"Sign Here"markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:40 p.m.TUESDAY for the following Mondays agenda.
(This form to stay with contract throughout the contract review process.)
jr
vov. r,
PROGRESSIVE PROOREJJ7 E"
PO BOX 94739 COMMERCIAL
CLEVELAND,OH 44101 JUL 3 0 2019
Policy number: 00347188-1
t,# U I Underwritten by:
01-1
United Financial Casualty Company
Insured:
JEFFERSON COUNTY CHICKADEE FORESTRY LLC
PO BOX 1220 July 23,2019
PORT TOWNSEND,WA 98368 Policy Period:Jul 23,2019-Jan 23,2020
Mailing Address
United Financial Casualty Company
PO Box 94739
Additional insured endorsement Cleveland,OH 44101
1-800-895-2886
Name of Person or Organization For customer service,24 hours a day,
JEFFERSON COUNTY 7 days a week
PO BOX 1220
PORT TOWNSEND,WA 98368
The person or organization named above is an insured with respect to such liability coverage as is
afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of
another insured and then only to the extent of that liability. We also agree with you that insurance
provided by this endorsement will be primary for any power unit specifically described on the
Declarations Page.
Limit of Liability
Bodily Injury Not applicable
Property Damage Not applicable
Combined Liability $500,000 each accident
All other terms,limits and provisions of this policy remain unchanged.
This endorsement applies to Policy Number:00347188-1
Issued to(Name of Insured):CHICKADEE FORESTRY LLC
Effective date of endorsement:07/23/2019 Policy expiration date: 01/23/2020
Form 1 198(01/04)