HomeMy WebLinkAboutOyster Outreach JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Monica Montgomery, Water Programs Coordinator
Jefferson County Marine Resources Committee and WSU Extension
DATE: February 21, 2023
SUBJECT: Jefferson County Marine Resources Committee Olympia Oyster Outreach
Contract
STATEMENT OF ISSUE:
The Jefferson County Marine Resources Committee seeks to contract Puget Sound Restoration
Fund to create educational resources and conduct outreach for raising public awareness about
local Olympia oyster restoration efforts. These educational resources and outreach services will
include: (1)developing an informational mailer, (2) assessing and communicating existing
Olympia oyster data in the region, (3)developing and delivering a community presentation(s),
and(4)engaging local residents in an educational beach walk(s).
ANALYSIS•
The contract has been reviewed and approved as to form by the PAO.
FISCAL IMPACT:
The Jefferson MRC receives state and federal grant funds administered through the Northwest
Straits Commission. This contracted work will cost up to $9,800 using federal funds through
grant no. OTGP-2023-JeCoWS-00009.
RECOMMENDATION:
Signature for approval.
REVIEWED BY:
all a L3r
AarkMcCauljunty Administrator Date
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Puget Sound Restoration Fund Contract No: MRC23-1
Contract For: Olympia oyster outreach Term: 1.1.2023-8.31.2023
COUNTY DEPARTMENT: WSU Jefferson Countv Extension
Contact Person: Monica Montaomery
Contact Phone: 360-379-5610 x230
Contact email: monica.montaomerv1(@wsu.edu
AMOUNT: $9800 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $9800 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
RFP or RFQ
Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES MPLIANC �CC AND CHAPTER 42.23 RCW.
CERTIFIED: ■❑ N/A:❑ 11912-02-3
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: F N/A: ❑ 11912023
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 2/2/2023
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 2/1/2023
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
1
SUBRECIPIENT AGREEMENT BETWEEN
JEFFERSON COUNTY
AND
PUGET SOUND RESTORATION FUND
This Subrecipient Agreement Between Jefferson County and Puget Sound Restoration Fund (this
Agreement) is made and entered into between Jefferson County (County) and Puget Sound
Restoration (Subrecipient) for developing educational resources and conducting outreach on
Olympia oyster restoration efforts to Grant No. OTGP-2023-JeCoWS-00009 (the Agency
Contract)between the County and the State of Washington Department of Ecology(Agency).
IT IS AGREED UPON BY THE PARTIES AS FOLLOWS:
A. TERM OF THIS AGREEMENT
The term of this Agreement is from January 1, 2023 to August 31, 2023.
B. TERMINATION
(1) Should a party default in providing services under this Agreement or materially breach
any of its provisions, the other party may terminate this Agreement upon ten(10)days
written notice. A party shall have the right and opportunity to cure any such material
breach within the ten (10)day period.
(2) The County may terminate this Agreement upon immediate notice to Subrecipient in the
event that the funding for the project ceases or is reduced in amount. Subrecipient will be
reimbursed for services expended up to the date of termination.
(3) This Agreement may be terminated without cause at any time by either party subject to a
sixty (60)day advance written notice of such termination to the other party.
(4) Termination of this Agreement shall not constitute a breach of this Agreement.
C. PROFESSIONAL SERVICES BY SUBRECIPIENT
Professional services to be provided by Subrecipient shall include:
(1) All Work Required by the Scope of Services. All work required by the Scope of Services, a
true and correct copy of which is attached as Appendix A.
(2) Financial and Program Management: Subrecipient will maintain records that accurately
reflect all services rendered and their associated expenditures as agreed upon in the Scope
of Services in Appendix A.
(3) Perform All Subrecipient Obligations. In addition to the above, Subrecipient shall fulfill all
of Subrecipient Obligations listed below.
D. SUBRECIPIENT'S OBLIGATIONS
Subrecipient shall fulfill the following obligations:
Jefferson County Grant Subrecipient Agreement MRC-CSS2022 Page 1 of 15
(1) Subrecipient shall fulfill all the requirements of the Scope of Services.
(2) Subrecipient shall comply with all state and federal requirements regarding the
confidentiality of participant records.
(3) Subrecipient, with regards to the work performed under this Agreement, must guarantee
the protection of human/civil rights:
(a) Subrecipient shall not engage in sexual harassment nor abuse of participants.
(b) Subrecipient shall not discriminate on the grounds of race, color, national origin,
religion, creed, age, gender, sexual orientation, marital status, sex, or the presence
of any physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
(c) Subrecipient shall ensure a person's right to privacy, safeguard personal
information, and maintain respectful staff-to-participant interactions.
(4) Subrecipient, with regards to the work performed under this Agreement, shall employ
grievance procedures to negotiate conflicts, assure that advocates are available and
encourage participants to bring advocates to help negotiate, prohibit retaliation for using
the grievance process, and include a process for tracking and reporting grievances.
(5) Subrecipient shall comply with all applicable federal, state and local regulations.
(6) Subrecipient shall provide the following:
(a) Equal Access: Subrecipient will assure equal access to persons who do not speak or
have a limited ability to speak, read, or write English well enough to understand and
communicate effectively.
(b) Qualified Staff. Subrecipient will provide adequate, qualified staff with skills and
experience in evaluation, training, supervision, counseling and support of adults with
developmental disabilities who are earning wages,per the attached Statement of Work.
Subrecipient will assure that all direct service staff are trained, and that training is
documented. Subrecipient will provide the County with information regarding staff
qualifications upon request.
E. DEBARMENT
By signing this Agreement, Subrecipient certifies that it is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded in any Washington State or
Federal department or agency from participating in transactions (debarred). Subrecipient agrees to
include the above requirement in any and all subcontracts into which it enters, and also agrees that
it will not employ debarred individuals. Subrecipient must immediately notify the County if,during
the term of this Agreement,Subrecipient becomes debarred. The County may immediately terminate
this Agreement by providing Subrecipient written notice, if Subrecipient becomes debarred during
the term of this Agreement.
Jefferson County Grant Subrecipient Agreement Page 2 of 15
F. FEDERAL FUNDING ACCOUNTABILITY&TRANSPARENCY ACT(FFATA)
(1) This Agreement is supported by federal funds that require compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act). The
purpose of the Transparency Act is to make information available online so the public can
see how federal funds are spent.
(2) To comply with the act and be eligible to enter into this Agreement, Subrecipient must have
a Data Universal Numbering System (DUNSO) number. A DUNS® number provides a
method to verify data about your organization. If Subrecipient does not already have one,
a DUNS® number is available free of charge by contacting Dun and Bradstreet at
www.dnb.com.
(3) Information about Subrecipient and this Agreement will be made available on
www.uscontractorregistration.com, as required by P.L. 109-282. The Federal Funding
Accountability and Transparency Act Data Collection Form, is considered part of this
Agreement and must be completed and returned along with this Agreement.
G. FUNDING WITHDRAWN,REDUCED OR LIMITED '
If the County determines in its sole discretion that the funds it relied upon to establish this Agreement
have been withdrawn,reduced or limited,or if additional or modified conditions are placed on such
funding after the effective date of this Agreement but prior to the normal completion of this
Agreement, then the County, at its sole discretion, may: (1) Terminate this agreement; (2)
Renegotiate this Agreement under the revised funding conditions; or, (3) Suspend Subrecipient's
performance under this Agreement upon five (5) business days' advance notice to Subrecipient, if
the County determines that there is a reasonably likelihood that the funding insufficiency may be
resolved in time to allow Subrecipient's performance to resume prior to the normal completion date
of this Agreement.
H. REIMBURSEMENTS
(1) Total reimbursements for fiscal year January 1, 2023—December 31, 2023 to Subrecipient
by the County under this Agreement shall not exceed $9,800, including any allowable
expenses for the services provided under this Agreement without.express written amendment.
signed by both parties to this Agreement.
(2) For said services rendered under this Agreement, the County shall reimburse Subrecipient
pursuant to this Agreement and the Agency Contract.
(3) Work performed between January 1, 2023 and the execution of this Agreement that is
consistent with the provisions of this Agreement is hereby ratified.
(4) Subrecipient will bill the County on a quarterly basis,on or before the 25th day of the month
following each quarter's end, for units of service provided under this
Agreement. Subrecipient will submit a Quarterly Services Report for its billings.At no time
shall the invoices for reimbursement be submitted more than 30 calendar days following the
last day of the quarter for which the services were provided without the County's approval.
Jefferson County Grant Subrecipient Agreement Page 3 of 15
i
(5) County may, at its option; withhold reimbursement for any month for which required
reports and/or invoices have not been received,or are not accurate and/or complete,or for
contractual non-compliance issues.
I. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBRECIPIENT
If overpayments or erroneous payments have been made to Subrecipient under this Agreement, the
County will provide notice to Subrecipient and Subrecipient shall refund the full amount of the
overpayment within thirty (30) calendar days of the notice. If Subrecipient fails to make timely
refund, the County may charge Subrecipient one percent (1%)per month on the amount due, until
paid in full.
J. RECORDS AND DOCUMENTS REVIEW
(1) Subrecipient must maintain books, records, documents, magnetic media, receipts, invoices
or other evidence relating to this Agreement and the performance of the services rendered,
along with accounting procedures and practices,all of which sufficiently and properly reflect
all direct and indirect costs of any nature expended in the performance of this Agreement.At
no additional cost, these records, including materials generated under this Agreement, are
subject at all reasonable times to inspection, review, or audit by the Agency, the Office of
the State Auditor, and state and federal officials so authorized by law, rule, regulation, or
agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC
1396a(a)(42(A);42 CFR 431, Subpart Q; and 42 CFR 447.202].
(2) Subrecipient must retain such records for a period of six (6) years after the date of final
payment under this Agreement.
(3) If any litigation, claim or audit is started before the expiration of the six (6)year period,the
records must be retained until all litigation, claims, or audit findings involving the records
have been resolved.
K. RIGHTS OF STATE AND FEDERAL GOVERNMENTS
In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including but
not limited to the Centers for Medicare and Medicaid Services (CMS),will have a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to
authorize others to use for Federal Government purposes: (i) software, modifications, and
documentation designed,developed or installed with Federal Financial Participation(FFP)under
45 CFR Part 95,subpart F;(ii)the Custom Software and modifications of the Custom Software,
and associated Documentation designed,developed,or installed with FFP under this Agreement;
(iii)the copyright in any work developed under this Agreement;and(iv)any rights of copyright
to which Subrecipient purchases ownership under this Agreement.
L. COMPLIANCE WITH SUBRECIPIENT REQUIREMENTS FROM GRANT
(1) General. In accordance with 2 CFR 200.501 and 45 CFR 75.501, Subrecipient shall:
(a) Maintain records that identify, in its accounts, all federal awards received and expended
and the federal programs under which they were received,by Catalog of Federal
Domestic Assistance(CFDA)title and number, award number and year,name of the
federal agency, and name of the pass-through entity;
Jefferson County Grant Subrecipient Agreement Page 4 of 15
(b) Maintain internal controls that provide reasonable assurance that Subrecipient is
managing federal awards in compliance with laws, regulations,and provisions of
contracts or grant agreements that could have a material effect on each of its federal
programs;
(c) Prepare a financial statement upon quarterly invoicing for services as agreed upon in the
Scope of Services in Appendix A;
(d) Incorporate OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 audit requirements
into all agreements between Subrecipient and its subcontractors who are subrecipients;
(e) Comply with any future amendments to OMB Super Circular 2 CFR 200.501 and 45
CFR 75.501 and any successor or replacement Circular or regulation;
(f) Comply with the applicable requirements of OMB Super Circular 2 CFR 200.501 and 45
CFR 75.501 and any future amendments to OMB Super Circular 2 CFR 200.501 and 45
CFR 75.501, and any successor or replacement Circular or regulation; and,
(g) Comply with the Omnibus Crime Control and Safe Streets Act of 1968, Title VI of the
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the
Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972,
The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination
Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39.
(Go to http://oip.gov/about/offices/0cr.htm for additional information and access to the
aforementioned Federal laws and regulations.)
(2) Single Audit Act Compliance. If Subrecipient expends $750,000 or more in.federal
awards from any and/or all sources in any fiscal year, Subrecipient will procure and pay
for a single audit or a program-specific audit for that fiscal year. Upon completion of
each audit, Subrecipient will:
(a) Submit to the Authority contact person the data collection form and reporting package
specified in OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501,reports required by
the program-specific audit guide(if applicable), and a copy of any management letters
issued by the auditor;
(b) Follow-up and develop corrective action for all audit findings; in accordance with OMB
Super Circular 2 CFR 200.501 and 45 CFR 75.501, prepare a"Summary Schedule of
Prior Audit Findings."
(3) Overpayments. If it is determined by the Agency or the County, or during the course of a
required audit, that Subrecipient has been paid unallowable costs under this or any
Program Agreement, Subrecipient will refund the full amount to the Agency as provided
in Section I. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBRECIPIENT.
M. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE
COUNTY.
(1) Subrecipient shall immediately report to the County any failure to perform under this
Agreement.
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(2) Along with every request for reimbursement under this Agreement,Subrecipient shall submit
a Monitoring Certification using the form attached as Appendix B for purposes of the County
performing the risk assessment of Subrecipient and compliance monitoring of this
Agreement that is required of the County by the Agency.
N. GENERAL TERMS AND CONDITIONS
(1) Subrecipient's relation to the County shall at all times be that of independent contractor.
Any and all employees of Subrecipient, or other persons engaged in the performance of
any work or service required of Subrecipient under this Agreement, shall be considered
employees of Subrecipient only, and any claims that may arise on behalf of or against said
employees shall be the sole obligation and responsibility of Subrecipient.
(2) Subrecipient shall not subcontract or assign any of the services covered by this Agreement
without the express written consent of the County. Subcontracting and assignment does not
include printing or other customary reimbursable expenses that may be provided in an
Agreement.
(3) Subrecipient, by signature to this Agreement, certifies that Subrecipient is not presently
debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded
from participating in this Agreement, or any Agreement by any Federal department or
agency. Subrecipient also agrees to include the above requirement to all subcontracts into
which it enters.
(4) Subrecipient shall obtain and keep in force during the terms of this Agreement, or as
otherwise required, the following insurance with companies or through sources approved
by the State Insurance Commissioner pursuant to Chapter 48:05 RCW:
(a) Worker's compensation and employer's liability insurance. Subrecipient will
participate in the Worker's Compensation and Employer's Liability Insurance
Program as may be required by the State of Washington;
(b) Commercial Automobile Liability or Business Use 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 Subrecipient's performance of this
Agreement.
(c) 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 ($2,000,000.00 minimum) for bodily
injury, including death and property damage, unless a greater amount is specified
in the Agency Contract specifications. The insurance coverage shall contain no
limitations on the scope of the protection provided and include the following
minimum coverage:
(i) Broad Form Property Damage,with no employee exclusion.
(ii) Personal Injury Liability, including extended bodily injury.
Jefferson County Grant Subrecipient Agreement Page 6 of 15
(iii) Broad Form Contractual/Commercial Liability - including completed
operations.
(iv) Premises - Operations Liability(M&C).
(v) Independent Contractors and Subrecipients.
(vi) Blanket Contractual Liability.
(5) All employees or subcontractors of Subrecipient who are required to be professionally
certified by the State in the performance of services under this Agreement shall maintain
professional liability insurance/error and omissions liability insurance in the amount of not
less than one million dollars ($1,000,000). In no case shall such professional liability to
third parties be limited in any way.
(6) It shall be the responsibility of Subrecipient to insure that any and all persons engaged in
the performance of any work or service required of Subrecipient under this Agreement,
shall comply with the same insurance requirements that Subrecipient is required to meet.
(7) Failure on the part of Subrecipient to maintain the insurance as required shall constitute a
material breach of contract upon which the County may, after giving five working days'
notice to Subrecipient to correct the breach, immediately terminate this Agreement or, at
its discretion,procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the County on demand,or at the sole
discretion of the County, offset against funds due Subrecipient from the County.
(8) All cost for insurance shall be considered incidental to and included in the unit contract
prices and no additional payment will be made.
(9) Excepting the Workers Compensation insurance and any professional liability insurance
secured by Subrecipient, the County will be named on all certificates of insurance as an
additional insured. Subrecipient shall furnish the County with verification of insurance
and endorsements required by this Agreement. The County reserves the right to require
complete, certified copies of all required insurance policies at any time.
(10) All insurance shall be obtained from an insurance company authorized to do business in
the State of Washington. Subrecipient shall submit a verification of insurance as outlined
herein within 14 days of the execution of this Agreement to the County. All insurance
policies obtained by Subrecipient shall be primary to any equivalent or applicable policies
held by the County. All insurance policies obtained by Subrecipient shall include a waiver
of subrogation rights. Any self-insured retention, deductible or risk retention maintained,
or participated in, by the County coverage for third-party liability claims provided to the
county, shall be excess and shall be non-contributory to the insurance policies provided by
Subrecipient in order to comply with the insurance requirements of this Subcontract. All
policies provided by Subrecipient in order to comply with the insurance requirements of
this Subcontract must be endorsed to show this primary coverage.
(11) The County will pay no progress payments under this Agreement until Subrecipient has
fully complied with this section. This remedy is not exclusive; and the County may take
such other action as is available to them under other provisions of this Agreement, or
otherwise in law.
Jefferson County Grant Subrecipient Agreement Page 7 of 15
(12) Nothing in the foregoing insurance requirements shall prevent the County, at its option,
from additionally requesting that Subrecipient deliver to the County an executed bond as
security for the faithful performance of this Agreement and for payment of all obligations
of Subrecipient.
(13) It is understood and agreed that this Agreement is entered into in the State of Washington.
This Agreement shall be governed by and construed in accordance with the laws of the
United States, the State of Washington and the County of Jefferson, as if applied to
transactions entered into and to be performed wholly within Jefferson County,Washington
between Jefferson County residents. No party shall argue or assert that any state law other
than Washington law applies to the governance or construction of this Agreement.
(14) Should either party bring any legal action, each party in such action shall bear the cost of
its own attorney's fees and court costs. The venue for any legal action shall be solely in the
appropriate state court in Jefferson County, Washington, subject to the venue provisions
for actions against counties in RCW 36.01.050.
(15) Subrecipient shall comply with the WA State Department of Labor and Industries Minimum
Wage Act,Chapter 49.46 RCW,acknowledging persons with disabilities participating in job
assessments are not considered employees.
(16) Subrecipient shall indemnify and hold the County, and its officers, officials, employees,
agents and volunteers (and their marital communities)harmless from and shall process and
defend at its own expense,including all costs,attorney fees and expenses relating thereto,all
claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly,
from Subrecipient's negligence or breach of any of its obligations under this Agreement;
provided that nothing herein shall require a Subrecipient to indemnify the County and its
officers, officials, employees, agents and volunteers (and their marital communities)
against and hold them harmless from claims,demands or suits based solely upon the conduct
of the County, its officers, officials, employees, agents and volunteers (and their marital
communities), and provided further that if the claims or suits are caused by or result from
the concurrent negligence of:
(a) Subrecipient's agents or employees; and,
(b) The County, its officers, officials, employees, agents and volunteers (and their
marital communities), this indemnity provision with respect to: (i) claims or suits
based upon such negligence, or(ii)the costs to the County of defending such claims
and suits, etc., shall be valid and enforceable only to the extent of Subrecipient's
negligence or the negligence of Subrecipient's agents or employees.
(c) Subrecipient specifically assumes potential liability for actions brought against the
County by Subrecipient's employees, including all other persons engaged in the
performance of any work or service required of Subrecipient under this Agreement
and, solely for the purpose of this indemnification and defense, Subrecipient
specifically waives any immunity under the state industrial insurance law, Title 51
RCW. Subrecipient recognizes that this waiver was specifically entered into
pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation.
(d) The provisions of this section shall survive the expiration or termination of this
Agreement.
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(17) Subrecipient shall not discriminate against any person presenting themselves for services
based on race,religion,color,sex,age,or national origin.
(18) No portion of this Agreement may be assigned or subcontracted to any other individual,firm,
or entity without the express and prior written approval of County. If the County agrees in
writing that all or a portion of this Agreement may be subcontracted to a third-party, then
any contract or agreement between Subrecipient and a third-party Subrecipient must contain
all provisions of this Agreement and the third-party subcontractor must agree to be bound by '
all terms and obligations found in this Agreement.
(19) This Agreement memorializes the entire agreement of the parties. No representation or
promise not expressly contained in this Agreement has been made. The parties are not
entering into this Agreement based on any inducement, promise or representation,
expressed or implied,which is not expressly contained in this Agreement. This Agreement
supersedes all prior or simultaneous -representations, discussions, negotiations, and
agreements,whether written or oral,within the scope of this Agreement.
(20) Subrecipient 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.
Subrecipient 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. Subrecipient 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 head of the County department primarily
responsible for overseeing Subrecipient's performance under this Agreement or that
department head's designee must approve any proposed subcontractors in writing. Any
dispute arising between Subrecipient and any subcontractors or between any subcontractors
must be resolved without involvement of any kind on the part of the County and without
detrimental impact on the delivery of contracted goods or services.
(21) While performing services, the use of illegal drugs, alcohol, or controlled substances on
the County property or premises is strictly prohibited. Subrecipient's employees shall not
perform services while under the influence of drugs or alcohol, and if discovered, may be
reported to the appropriate law enforcement agency.
(22) The use of tobacco of any kind on property or premises of the County shall comply with
County policies.
(23) Any form of harassment, discrimination, or improper fraternization with any County
employee or a participant is strictly prohibited.
(24) 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. 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.
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(25) The terms of this Agreement are not severable. 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 enforceable.
(26) This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest, heirs and assigns.
(27) 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.
(28) This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Agreement at different times and places by the parties shall not affect the validity of this
Agreement, so long as all the parties execute a counterpart of this Agreement.
(29) The parties agree that facsimile and electronic signatures shall have the same force and
effect as original signatures.
(30) The parties agree that this Agreement has been negotiated at arms-length, with the
assistance and advice of competent, independent legal counsel.
(31) Notwithstanding any 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 be amended), Subrecipient 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. Subrecipient also agrees that upon receipt of
any written public record request, Subrecipient shall, within two business days, notify the
County by providing a copy of the request per the notice provisions of this Agreement.
(32) 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 Risk Management Department
1820 Jefferson Street
Port Townsend, WA 98368
Notices to Subrecipient shall be sent to the following address:
Jodie Toft
c/o Puget Sound Restoration Fund
8001 Day Road West, Ste. B
Bainbridge Island, WA 98110
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Jefferson County Grant Subrecipient Agreement Page 10 of 15
ADOPTED THIS day of ,2023
130ARD OF COUNTY COMMISSIONERS SUBRECIPIENT
JEFFERSON COUNTY,WASHINGTON
By: By:
Kate Dean, Commissioner DATE
By- Name:
Heidi Eisenhour,Commissioner DATE
By: Tide:
Greg Brotherton,Chair DATE
SEAL: DATE:
ATTEST:
Carolyn Galloway DATE.
Clerk of the Board
Approved as to form only:
✓' February 1, 2023
Philip C. Hunsucker DATE
Chief Civil Deputy Prosecuting Attorney
Jefferson County Grant Subrecipient Agreement Page I I of 16
APPENDIX A-SCOPE AND PAYMENT OF SERVICES
Project Overview and Deliverables
The Jefferson County Marine Resources Committee (MRC) seeks to create educational resources
and conduct outreach to raise public awareness about local Olympia oyster restoration efforts.
These education resources and outreach services will include: (1) developing an informational
mailer, (2) assessing and communicating existing Olympia oyster data in the region, (3)
developing and delivering a community presentation(s), and(4) engaging local residents in an
educational beach walk(s).
Payment of Services
Standard Discount
Item Sub Item Quantity Subtotal
Rate EA Rate EA
Project $743.13 1 $743.13
management
Mailer Create informational mailer on $1,446.93 1 $1,446.93
Olympia oyster restoration &
send to 100-300 residences
(supplies&postage not included
in this cost)
Data analysis Summarize data already collected $1,879.56 1 $1,879.56
in region for use in presentations
&future decisions about
restoration approaches
Community Leading 1 In-person presentation $2,138.43 1 $2,138.43
presentation to community with 2 presenters
or 2 presentations with 1
presenter, includes travel
Community Leading 1 In-person community $2,699.85 1 $2,699.85
beach walk beach walk with 4 staff guides or
2 beach walks with 2 staff guides,
includes travel
10%de $890.17 $890.79
minimus
TOTAL $9,798.69
NOTE: Where items are noted as donated* direct expenses associated with those items will be
billed as noted in the expenses section.
Jefferson County Grant Subrecipient Agreement Page 12 of 15
Deadlines
Invoices may be submitted to the County when work has been completed and approved by the
County's Contract Supervisor(Monica Montgomery, MRC Coordinator).
All work must be completed by August 31, 2023.
Jefferson County Grant Subrecipient Agreement Page 13 of 15
APPENDIX B—COMPLIANCE AND RISK MONITORING FORM
This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient
Agreement can be approved and also shall be submitted along with every request for
reimbursement.
AGENCY CONTRACT NO:
DATE:
NAME OF SUBRECIPIENT:
By signing below, I declare under penalty of perjury of the laws of the State of Washington and
the United States that the forgoing is true and correct. (Check the applicable boxes.)
DATE CERTIFICATION ITEM YES NO
Subrecipient is not presently debarred, suspended,proposed
for debarment, declared ineligible, or voluntarily excluded
from transactions by any Federal, State, or local department
or agency
Subrecipient has not within a 3-year period preceding the
submission of this Compliance and Risk Monitoring Form
been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain,or
performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or
State antitrust statutes or commission of embezzlement,
theft, forgery,bribery, falsification or destruction of
records, making false statements, or receiving stolen
__property
Subrecipient is not presently indicted for or otherwise
criminally or civilly charged by'a governmental entity
(Federal, State,or local)with commission of fraud or a
criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State,or local)
transaction or contract under a public transaction;violation
of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery,bribery, falsification or
destruction of records,making false statements,or
receiving stolen property
Subrecipient has not within a 3-year period preceding the
submission of this Compliance and Risk Monitoring Form
one or more public transactions(Federal, State, or local)
terminated for cause or default
Subrecipient has provided all written reports required by
the Agency Contract and this Subrecipient Agreement as of
Jefferson County Grant Subrecipient Agreement Page 14 of 15
DATE CERTIFICATION ITEM YES NO
the submission of this Compliance and Risk Monitoring
Form
Subrecipient has provided any audit report received by it
from any government agency since the last certification for
its performance related to the Agency Contract
Subrecipient certifies that all of the deliverables and other
work required since the last certification have been
completed
All the work being billed for in the invoice being certified
by this Compliance and Risk Monitoring Form actually has
been performed, including any timesheet or other backup
Subrecipient agrees to submit to an audit within 30 days of
a request from the County or the Agency
Subrecipient has corrected any deficiencies identified since
the last certification
Signed at
SUBRECIPIENT SIGNATURE DATE
WRITTEN NAME OF PERSON SIGNING CERTIFICATION
APPROVED BY THE COUNTY:
COUNTY APPROVAL SIGNATURE DATE
WRITTEN NAME OF PERSON APPROVING CERTIFICATION
Jefferson County Grant Subrecipient Agreement Page 15 of 15