HomeMy WebLinkAboutTwin Harbors Waterkeeper &,Vt!-�
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealfh.org
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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 Mingo, Environmental Public Health and Water Quality Director
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Agenda item — Amendment #1 to the Professional Services Agreement with
Twin Harbors Waterkeeper to support a new North Pacific Coast Marine
Resources Committee (NPC MRC) project; June 1, 2022 — June 30, 2023;
additional $14,076 in funding, for a total of $20,420
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of Amendment #1 to the Professional Services Agreement
with Twin Harbors Waterkeeper to support a new North Pacific Coast Marine Resources Committee (NPC
MRC) project; June 1, 2022 — June 30, 2023; additional $14,076 in funding, for a total of $20,420.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This Amendment provides an additional $14,076 in funding for a new Task 3 project, to reimburse Twin
Harbors Waterkeepers for the costs to provide a teacher training program for coastal school districts entitled,
"From Headwaters to the Ocean — Muddy Boots in Your Watershed", to be held in Ocean Shores on June 26
— 28, 2023. Teachers will hear from resource professionals on coastal research and issues such as land use
and salmon health and water quality, ocean acidification, coastal erosion and sea level rise, salt marshes and
carbon sinks; participate in hands-on field investigations; and participate in curriculum training including
"Plant Teachings for Growing Social and Emotional Skills." Funding for this project is also provided through a
NOAA B-WET grant. All other terms and conditions of the contract remain unchanged.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for this amendment is provided by the State General Fund and administered through the WDFW
Coastal MRC Program. There is no impact to the Jefferson County General Fund for this amendment and
there are no match requirements.
Community Health
Developmental Disabilities Environmental Public Health
360-385-9400 360-385-9444
360-385-9401 (f) (f) 360-379-4487
Always working for a safer and healthier community
W Q-22-050-A l
RECOMMENDATION:
JCPH Management recommends BOCC signature for Amendment #1 to the Professional Services Agreement
with Twin Harbors Waterkeeper to support a new North Pacific Coast Marine Resources Committee (NPC
MRC) project; June 1, 2022 — June 30, 2023; additional $14,076 in funding, for a total of $20,420.
REVIEWED BY:
v'tt'J Z
Mark McCauley, County A nistrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 Always working for a safer and healthier community (f)360-379-4487
360-385-9401 (f)
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Twin Harbors Waterkeeper Contract No: WQ-22-050-A1
Contract For: Ocean Plastics Awareness Term: 6/1/2022 - 6/30/2023
COUNTY DEPARTMENT: Public Health
Contact Person: Tami Pokomy
Contact Phone: x 498
Contact email: tpokorny@co.jefferson.wa.us
AMOUNT: Additional$14,076 for total not to exceed $20,420 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $14,076 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund# 128 RFP or RFQ
Munis Org/Obj 12855310 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO( CEL WIC 080 AND CHAPTER 42.23 RCW.
■ / 22 2023
CERTIFIED: N/A: �� May
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BE$N DEBAIED 11 BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. /�-/ /
CERTIFIED: F N/A: May 22,2023
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 5/25/2023.
Contract amendment adding dollars and a new task.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/25/2023.
Contract amendment to county standard PSA.
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
Contract Amendment#1
Between
Twin Harbors Waterkeeper
And
Jefferson County Public Health
WHEREAS, Twin Harbors Waterkeeper(Subcontractor) and Jefferson County (County) entered
into an agreement on November 28, 2022 for Professional Services. These services are to be
provided in support of Coastal Marine Resources Committee (MRC) Program benchmarks by
promoting ocean plastics awareness at North Pacific coast schools and by cleaning remote
beaches between Scotts Bluff and Cape Alava.
WHEREAS, at its regular meeting on March 21, 2023, the North Pacific Coast (NPC) MRC
unanimously recommended awarding $14,076 in new funding for the Subcontractor to match its
existing NOAA B-WET grant for the project"Muddy Boots in Your Watershed"teacher training
on June 26-28, 2023,
WHEREAS, WDFW has provided additional funding to North Pacific Coast MRC to cover this
request,
WHEREAS, the parties desire to amend the terms of that agreement.
IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS:
1. The Scope of Work is expanded to add a new project, the Pacific Northwest Bay
Watershed Education and Training program entitled"From Headwaters to the Ocean—
Muddy Boots in Your Watershed", as Task 3. Funds will be used to reimburse the
Subcontractor for lodging, meals, clock hours, registration fees,teacher stipends, bus rental,
and speaker honorariums. The training will include topics of local interest, including sea
level rise, ocean acidification, wildfires, water pollution and salmon habitat restoration and
will be held in Ocean Shores at the Quinault Beach Resort and Casino Ocean Shores on
June 26—28, 2023 for 30 teachers, primarily from the Quillayute Valley, Lake Quinault,
Taholah, Rochester, Acosta, Oakville and Aberdeen school districts.
2. Deliverables will now include:
Deliverable 3a: Teacher training workshop (Due June 30, 2023)
Deliverable 3b: Pdf of sign in sheets and 5 photos of the workshop and signed photo
releases (Due June 30, 2023)
Deliverable 3c: All invoice materials (Due June 30, 2023)
Deliverable 3d: Submit a final DFW report form. (Due June 30, 2023)
3. Total Estimated Cost for the project is increased in the amount of$14,076.00 for a
project total of$20,420.00.
Page 1
WQ-22-050-A l
4. An Estimated Budget for Task 3 (Exhibit A)will supplement the existing Estimated
Budget for Tasks 1 and 2 (Exhibit B).
5. All other terms and conditions of the agreement will remain the same.
Dated this 157 day of .20 a-3
By:
Greg Brotherton, Chair
Jefferson Board of County Commissioners
B ;-V�' t-
y
Lee First
Twin Harbors Waterkeeper
ATTEST:
By:
Carolyn Gallaway, Date
Clerk of the Board
APPROVED AS TO FORM ONLY:
By: g C May 25, 2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Page 2
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PROFESSIONAL SERVICES AGREEMENT
Between
Twin Harbors Waterkeeper
and
Jefferson County
THIS PROFESSIONAL SERVICES AGREEMENT("this Agreement") is entered into between
the County of Jefferson, a municipal corporation("the County"), and Twin Harbors Waterkeeper
("the Contractor"), in consideration of the mutual benefits,terms, and conditions specified
below.
1. Proiect Designation. The Contractor is retained by the County to perform the following
Project: Conduct two virtual teacher training workshops and up four classroom trainings
at North Pacific Coast schools to inform students and community members about actions
to reduce their use of single use plastic. Provide supplies,tipping fees and travel support
for recruited volunteers to collect plastic and other debris from beaches during two
organized cleanups. This agreement is funded by a grant from the Washington
Department of Fish and Wildlife, #21-18965.
2. Scope of Services. Contractor agrees to perform the services identified on Exhibit"A"
attached hereto including the provision of all labor.
3. Time for Performance. This Agreement shall commence on June 1,2022 and continue
through June 1, 2023. Work performed consistent with this Agreement during its term,
but prior to the adoption of this Agreement, is hereby ratified. The Contractor shall
perform all services pursuant to this Agreement as outlined on Exhibit"A". Time is of
the essence in the performance of this Agreement.
4. Payment. The Contractor shall be paid by the County for completed work and for
services rendered under this Agreement as follows:
a. Payment for the work provided by the Subcontractor shall not exceed 16,2L44 as
described in Exhibit "B", in the completion of this project without express
written amendment signed by both parties to this Agreement.
b. Invoices must be submitted by the 15th of the month for the previous month's
expenses. Such invoices will be checked by the County, and upon approval
thereof,payment will be made to the Contractor in the amount approved. Failure
to submit timely invoices and reports pursuant to Exhibit B of the Agreement may
result in a denial of reimbursement. Invoices not submitted within 60 days may
be denied.
Page 1 of 13
EH-22-050
c. Final payment of any balance due the Contractor of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work and submittal of reports under this Agreement and its
acceptance by the County.
d. Contractor shall provide invoices and necessary backup documentation for all
services including timesheets and statements (specifying the services provided).
Any indirect charges require the submittal of an indirect cost methodology and
rate using 2 C.F.R. Part 255 and 2 C.F.R. Part 230.
e. The Contractor'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
six (6) years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All non-confidential or de-identified documents,
drawings, specifications, and other materials produced by the Contractor 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 Contractor shall be
permitted to retain copies, including reproducible copies, of drawings and specifications
for information, reference and use in connection with Contractor's endeavors. Contractor
shall not be held liable for reuse of documents or modifications thereof, including
electronic data, by County or its representatives for any purpose other than the intent of
this Agreement.
6. Compliance with laws. Contractor 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. Audit. An audit will be submitted to the County upon request. Upon request, Contractor
will submit the most recent financial audit within 30 days.
a. Upon request, the County shall have the option of performing an onsite review of
all records, statements, and documentation.
b. If the County finds indications of potential non-compliance during the monitoring
process,the County shall notify Contractor within ten(10) days. County and
Contractor shall meet to discuss areas of contention in an attempt to resolve
issues.
c. Audit will provide statements consistent with the guidelines of Reporting for
Other Non-Profit Organizations AICPA SOP 78-10, and is performed in
accordance with generally accepted auditing standards and with Federal Standards
for Audit of Governmental Organizations, Programs, Activities and Functions,
and meeting all requirements of 2 C.F.R. Part 200, as applicable.
Page 2 of 13
8. Indemnification. Contractor shall indemnify and hold harmless the County, its officers,
and employees, from and against all claims, losses or liability, or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Contractor's own employees, or damage
to property occasioned by a negligent act, omission or failure of the Contractor.
Contractor shall be liable only to the extent of Contractor's proportional negligence. 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.
9. 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.
a. 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 Contractor's performance of this Agreement. This insurance
shall indicate on the certificate of insurance the following coverage: (a) Owned
automobiles; (b) Hired automobiles; and, (3)Non-owned automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000)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 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;
iii. Broad Form Contractual/Commercial Liability—including coverage for
products and completed operations;
iv. Premises—Operations Liability(M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
c. The County shall be named as an"additional named insured"under all insurance
policies required by this Agreement.
Page 3 of 13
d. 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.
e. The Contractor shall furnish the County with properly executed certificates of
insurance that, at a minimum, shall include: (a) The limits of coverage; (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 Public Health 615 Sheridan Street, 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 Contractor 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 Contractor 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.
f. Failure of the Contractor to take out or maintain any required insurance shall not
relieve the Contractor from any liability under the Agreement, nor shall the
insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification of the County.
g. 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 both parties and be
primary coverage for all losses covered by the above described insurance.
h. Insurance companies issuing the 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 policy.
i. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Contractor.
j. 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 Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
k. 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.
Page 4 of 13
1. 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.
in. 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 policy of insurance the Contractor must provide in order to comply with
this Agreement.
n. 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.
o. 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.
p. 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.
q. 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.
r. The Contractor shall include all subcontractors as insured under its insurance
policies or shall famish separate certificates and endorsements for each
subcontractor. All insurance provisions for subcontractors shall be subject to all
the requirements stated herein.
s. 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.
t. 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 Jefferson
County Public Health Contracts Manager by registered mail, return receipt
requested.
u. 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-,
Page 5of13
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.
v. The County reserves the right to request additional insurance on an individual
basis for extra hazardous contracts and specific service agreements.
10. Workers Compensation (Industrial Insurance).
a. If and only if the Contractor 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 Contractor, 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 Public Health, upon request.
b. Workers 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.
c. This coverage shall extend to any subcontractor that does not have their own
worker's compensation and employer's liability insurance.
d. 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 act, or other employee benefit act of any jurisdiction that
would otherwise be applicable in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall be recoverable from the Contractor.
11. Independent Contractor. The Contractor and the County agree that the Contractor 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 Contractor nor any employee of
Contractor 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 Contractor, or any
employee of Contractor.
Page 6 of 13
12. Subcontracting Requirements.
a. 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.
b. 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 Public Health Director or their
designee must approve any proposed subcontractors in writing.
c. 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.
13. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Contractor, 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
Contractor, 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
Agreement without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
14. Discrimination Prohibited. The Contractor, 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, gender, sexual orientation, material status, sex, or the presence of any
physical or sensory handicap in the selection and retention of employees or procurement
of materials or supplies.
15. No Assignment. The Contractor 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.
16. 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.
Page 7 of 13
17. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving
ten (10) days written notice to the Contractor.
b. In the event of the death of a member, partner, or officer of the Contractor, or any
of its supervisory personnel assigned to the project, the surviving members of the
Contractor 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 Contractor
and the County, if the County so chooses.
c. The County reserves the right to terminate this contract in whole or in part, with
10 days' notice, in the event that expected or actual funding from any funding
source is withdrawn, reduced, or limited in any way after the effective date of this
agreement. In the event of termination under this clause,the County shall be
liable for only payment for services rendered prior to the effective date of
termination.
18. 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:
Tami Pokorny,Natural Resources Program Coordinator
Jefferson County Public Health Department
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360-379-4498
Email: tpokomy@co.jefferson.wa.us
Notices to Contractor shall be sent to the following address:
Lee First, Twin Harbors Waterkeeper
PO Box 751
Cosmopolis, WA 98537
360-389-2979
LeefriderTd),gnail.com
19. Integrated Agreement. This Agreement together with attachments or addenda represents
the entire and integrated Agreement between the County and the Contractor and
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 Contractor ratifies and adopts all statements, representations,
warranties, covenants, and agreements contained in its proposal, and the supporting
Page 8 of 13
material submitted by the Contractor, accepts this Agreement and agrees to all of the
terms and conditions of this Agreement.
20. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
21. 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 County Risk Manager, 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 legal action shall be initiated
in the Superior Court of the State of Washington for 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 Contractor 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
parry 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.
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 Assi mnent. 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.
Page 9 of 13
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-l.enpth 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.
DATED this �T day of 20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Page 10 of 13
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
win lsk�),0=s
Name of Contractor Heidi Ei nhour,Chair
Contractor Representative (Please print) Greg Brotherton,Member
,L Approved Telephonically
1)ign e)
Kate Dean,Member
Title
tJ rx/ I�_;�o_"?2
Date
ArrEST:
By: 1' �
Carolyn Gallawily,Clerk of the Board
APPROVED AS TO FORM ONLY:
By: O C November 3,2022
Philip C.Hunsucker
Chief Civil Deputy Prosecuting Attorney
Page 11 of 13
Exhibit A: Scope of Work
Twin Harbors Waterkeeper will promote ocean plastics awareness at North Pacific Coast schools
and clean two remote beaches between Scotts Bluff and Cape Alava.
Task 1: Conduct two teacher training workshops and up to four classroom trainings at North
Coast schools to inform students and community members about the "close the loop" concept.
The workshops will train teachers to use lab equipment to separate and isolate microplastic fibers
from samples collected on nearby beaches and educate youth on the difference between primary
and secondary microplastic. Cost: $3,687.00
Deliverables:
la) Dates, participants and summary of two teacher training workshops. Due: June 15,
2023
lb)Dates written summary of up to four classroom trainings. Due: June 15, 2023
lc)Newsletter article, photos and image releases. Due: June 15, 2023
1 d) Presentation to NPC MRC. Due: June 15, 2023
le) All invoicing materials. Due: June 15, 2023
Task 2: Provide staff support, supplies, tipping fees and travel costs for volunteers recruited by
Twin Harbors Waterkeeper to collect plastic and other debris from two remote cleanups of
wilderness beaches between Scotts Bluff and Cape Alava, with a goal of removing a total of
3,000 pounds of debris. Cost: $2,657.00
Deliverables:
2a) Dates, participants and summary of two remote beach cleanups. Due: June 15, 2023
2b)Newsletter article, photos and image releases. Due: June 15, 2023
2c) Presentation to NPC MRC. Due: June 15, 2023
2d)All invoicing materials. Due: June 15, 2023
Page 12 of 13
Exhibit B: Estimated Budget
Totals
Category Detail MRC Request
Task 1 2875 2875
Microplastics-Lee First: 66+/-
hours @ S43/hour
Task 2
Salaries and Benefits Beach Cleanups—Twin 430 430
or hourly wages Harbors Staff Member(s): 10
hours @$43/hour
Beach Cleanup in-office
planning and organization— 960 960
Twin Harbors Staff Member(s)
22+/-hours @$43/hour
Task 1
Microplastics lab supplies:
MCE gridded membrane filters, 200
spare vacuum hoses and
clamps,contingency for a
Supplies/Equipment separatory funnel if one breaks 600
Task 2
Beach Cleanups-recycled 400
collection bags,snacks,straps,
small tools
Task 1
Microplastics-Mileage for 1 612
trip each to Neah Bay,Cape
Flattery, Forks, La Push. 1074 979
total miles @$0.57/mile
Travel
Task 2 367
Beach Cleanups-2 trips to
Ozette(322 miles RT x 2)@
$0.57/mile
Contracted services
Task 1 500
500
Other Beach Cleanup—Dumpster
rental and hauling
Task 1: Microplastics $3,687
Totals Task 2: Beach Cleanups $2,657 $6,344
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