Loading...
HomeMy WebLinkAboutPH Interagency WA Dept of F&W ff 615 Sheridan Street Port Townsend, WA 98368 Aenson www.JeffersonCountyPublicHealth.org Consent Agenda Public He 9aurA 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: U t (/) y 3 SUBJECT: Agenda Item - Interagency Agreement with WA Dept. of Fish and Wildlife (WDFW) to support the North Pacific Coast Marine Resources Committee (NPC MRC) and its projects; July 1, 2023 — June 30, 2025; $40,000 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of the Interagency Agreement with WDFW to support the NPC MRC and its projects; July 1, 2023 —June 30, 2025; $40,000 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This Interagency Agreement funds and supports the administrative capacity for the NPC MRC, provides project funds for participation in the Washington Coastal Marine Advisory Council, and supports education and outreach activities. The goal of the Coastal MRC program is to understand, steward, and restore the marine and estuarine ecological processes of the Washington coast in support of ecosystem health, sustainable marine resource-based livelihoods, cultural integrity, and coastal communities. This contract supports education and outreach, coastal communities, marine life, sound science, and marine habitats. FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for the NPC MRC is provided by the State General Fund and is administered through the WDFW Coastal MRC Program. There is no impact to the Jefferson County General Fund for this agreement and there are no match requirements. RECOMMENDATION: JCPH Management recommends BOCC signature for the Interagency Agreement with WDFW to support the NPC MRC and its projects; July 1, 2023 — June 30, 2025; $40,000 REVIEW BY: ji5Mark McCauley, my Administrator Date /e/1/43 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-23-072 4"17 E Waohingtnn Departnunt of FISH and INTERAGENCY AGREEMENT WILDLIFE TITLE: 23-25 MRC-North Pacific Coast WDFW NUMBER: 23-23412 CONTRACTOR: Jefferson County CONTRACT PERIOD: 07/01/2023 to 07/31/2025 TYPE: Payable/Goods and Services/Interlocal CONTRACT VALUE: $40,000.00 A. PARTIES TO THIS CONTRACT This Contract is entered into between the Washington State Department of Fish and Wildlife (WDFW), 600 Capitol Way North, Olympia, WA 98501-1091; and Jefferson County(Contractor), PO Box 1220, Port Townsend, WA 98368; and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF CONTRACT This contract sets out the terms and conditions by which the Contractor shall provide goods and/or services to WDFW. C. DESCRIPTION OF PROJECT The Contractor shall perform the project as described in Attachments, which are incorporated herein by this reference: Attachment A-General Terms and Conditions Attachment B-Contract/Project Summary Attachment C- Statement of Work D. PERIOD OF PERFORMANCE The performance period under this Contract shall commence on 07/01/2023 and terminate on 07/31/2025. No expenditures made before or after this period are eligible for reimbursement unless incorporated by written amendment into this Contract. The Contract may be terminated, or the performance period extended pursuant to terms set forth in Attachment A. E. COMPENSATION/PAYMENT The total dollars provided by WDFW for this project shall not exceed $40,000.00. The Contractor shall be responsible for all project costs exceeding this amount. Only eligible reimbursement activities that are in direct support of the project deliverables identified in this Contract will be reimbursed. Any additional services provided by the Contractor must have prior written approval of WDFW. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted to the Project Manager by the Contractor not more often than monthly. The invoices shall describe and document to WDFW's satisfaction a description of work performed, activities accomplished, or the progress of the project. The rates shall be in accordance with those herein agreed to. Payment shall be considered timely if made by WDFW within 30 days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. WDFW may, in its sole discretion, terminate the contract or withhold payments claimed by the Contractor for the services rendered if the Contractor fails to satisfactorily comply with any term or conditions of this contract. F. RIGHTS AND OBLIGATIONS All rights and obligations of the parties of this Contract are subject to this Contract, including the Attachments, which are incorporated herein by this reference. By signing this Contract, the Contractor acknowledges that they have read, fully understand, and agree to be bound by all terms and conditions set forth in this Contract. G. COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND WDFW POLICIES The Contractor shall comply with, all applicable state, federal, and local laws, and regulations, including published WDFW policies, while performing under this Contract WDFW 23-23412 PAGE 1 JeffCo WQ-23-072 H. ORDER OF PRECEDENCE In the event of an inconsistency in this contract, unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: Applicable Federal and State of Washington statutes and regulations. Special Terms and Conditions as contained in this basic contract instrument. Attachment A-General Terms and Conditions. Any other provision, term or material incorporated herein by reference or otherwise incorporated. I. CONTRACT REPRESENTATIVES The below named representatives for each of the parties shall be the contact people for all communications and billings regarding the performance of this Contract. All written communications regarding this Contract shall be sent to the designated representatives at the addresses below unless notified in writing of any change. Contractor's Representative Tami Pokorny Jefferson County Water Quality and Environmental Health 615 Sheridan Street Port Townsend WA 98368 379-4498 tpokorny@co.jefferson.wa.us WDFW's Representative Chris Waldbillig 1111 Washington St. SE Olympia, WA 98501 (360)480-8128 chris.waldbillig@dfw.wa.gov J. ENTIRE CONTRACT This Contract, along with all attachments and exhibits, constitutes the entire agreement of the parties. No other understandings, verbal or otherwise, regarding this Contract shall exist or bind any of the parties. K. APPROVAL This contract shall be subject to the written approval of WDFW'S authorized representative and shall not be binding until so approved. This Contract may be altered, amended, or waived only by a written amendment executed by both parties. IN WITNESS WHERE, WDFW and the Contractor have signed this contract. JEFFERSON COUNTY WASHINGTON DEPARTMENT OF FISH AND WILDLIFE SIGNATURE AND DATE SIGNATURE AND DATE Greg Brotherton, Chair, Board of County Commissioners Jeffrey Hugdahl, Contracts and Purchasing Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE Approved as to Form: October 12, 2023 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney - --- -- PAGE 2 WDFW 23-23412 Attachment A - GENERAL TERMS AND CONDITIONS Interagency Agreements DEFINITIONS employment, public accommodations, state and local As used throughout this contract,the following terms government services, and telecommunications. shall have the meaning set forth below: ASSIGNMENT A. "AGENCY" or"WDFW" shall mean the Neither this contract,nor any claim arising under this Department of Fish and Wildlife of the State of contract, shall be transferred, or assigned by the Washington, any division, section, office,unit or CONTRACTOR without prior written consent of the other entity of the AGENCY, or any of the AGENCY. officers or other officials lawfully representing CONFIDENTIALITY/SAFEGUARDING OF that AGENCY. INFORMATION B. "AGENT" shall mean the Director, and/or the The CONTRACTOR shall not use or disclose any delegate authorized in writing to act on the information concerning the AGENCY,or information Director's behalf. that may be classified as confidential,for any purpose C. "CONTRACTOR" shall mean that firm,provider, not directly connected with the administration of this organization, individual or other entity performing contract,except with prior written consent of the service(s)under this contract and shall include all AGENCY, or as may be required by law. employees of the CONTRACTOR. DISALLOWED COSTS D. "RCW" shall mean the Revised Code of The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization Washington.All references in the contract to RCW chapters or sections shall include any or that of its Subcontractors. successor, amended or replacement statutes. DISPUTES E. "SUBCONTRACTOR" shall mean one not in the In the event that a dispute arises under this contract, it employment of the CONTRACTOR,who is shall be determined by a Dispute Board in the following performing all or part of those services under this manner: Each party to this contract shall appoint one contract under a separate contract with the member to the Dispute Board.The members so CONTRACTOR. The terms appointed shall jointly appoint an additional member to "SUBCONTRACTOR" and the Dispute Board.The Dispute Board shall review the "SUBCONTRACTORS" means facts,contract terms and applicable statutes and rules SUBCONTRACTOR(s) in any tier. and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the ADVANCE PAYMENTS PROHIBITED majority prevailing.The determination of the Dispute No payments in advance of or in anticipation of goods Board shall be final and binding on the parties hereto. or services to be provided under this contract shall be As an alternative to this process and if applicable,either made by the AGENCY. of the parties may request intervention by the Governor, AMENDMENTS as provided by RCW 43.17.330, in which event the This contract may be amended by mutual agreement Governor's process will control. of the parties. Such amendments shall not be binding DUPLICATE PAYMENT unless they are in writing and signed by personnel The AGENCY shall not pay the CONTRACTOR, if authorized to bind each of the parties. the CONTRACTOR has charged or will charge the AMERICANS WITH DISABILITIES ACT (ADA) State of Washington or any other party under any OF 1990,PUBLIC LAW 101-336,also referred to other contract or agreement, for the same services or as the "ADA" 28 CFR Part 35 expenses. The CONTRACTOR must comply with the ADA, ENTIRE AGREEMENT which provides comprehensive civil rights protection This contract contains all the terms and conditions to individuals with disabilities in the areas of agreed upon by the parties.No other understandings, oral or otherwise,regarding the subject matter of this WDFW 23-23412 PAGE 3 contract shall be deemed to exist or to bind any of the or those of its agents or employees in the pe rformance parties hereto. of this contract. EQUIPMENT MANAGEMENT INDEPENDENT CAPACITY For the purposes of this contract, "Inventoriable The employees or agents of each party who are engaged Equipment" shall mean a tangible asset which has a in the performance of this contract shall continue to be service life of more than one year and with a unit cost employees or agents of that party and shall not be of$5,000 or greater; and tangible assets with a unit considered for any purpose to be employees or agents of cost of more than $300 that the AGENCY considers the other party. "small and attractive," such as engines, chain saws, NONDISCRIMINATION communications equipment, global position systems, During the performance of this contract,both parties optical devices,cameras,microcomputer and related shall comply with all federal and state systems,and video equipment; and firearms,boats nondiscrimination laws, regulations,and policies.In and motorized vehicles of any value. the event of the CONTRACTOR'S non-compliance or If the CONTRACTOR uses contract funds to purchase refusal to comply with any nondiscrimination law, Inventoriable Equipment,title to that Inventoriable regulation,or policy,this contract may be rescinded, Equipment shall be held by the AGENCY unless canceled,or terminated in whole or in part, and the otherwise specified in this contract.The AGENCY's CONTRACTOR may be declared ineligible for Inventoriable Equipment provided to the further contracts with the AGENCY. The CONTRACTOR shall be used only for the CONTRACTOR shall,however,be given a performance of this contract. Title to the AGENCY's reasonable time in which to cure this noncompliance. Inventoriable Equipment shall remain with the Any dispute may be resolved in accordance with the AGENCY. "Disputes" procedure set forth herein. The CONTRACTOR shall take reasonable steps to PREVAILING WAGE account for and protect Inventoriable Equipment from If any work performed by subcontractors is subject to loss or damage;report to the AGENCY any loss or Chapter 39.12 of the Revised Code of Washington, damage of such property; and take reasonable steps to the CONTRACTOR shall ensure that its protect such property from further damage. The subcontractors pay the prevailing rate of wages to all CONTRACTOR shall surrender to the AGENCY all subcontractor workers, laborers, or mechanics in the Inventoriable Equipment either provided by the performance of any part of the work described in the AGENCY or purchased with contract funds upon the contract in accordance with state law and Department completion or termination of this contract. of Labor and Industries rules and regulations. FINAL INVOICE RECORDS MAINTENANCE The CONTRACTOR shall submit the final invoice The parties to this contract shall each maintain books, not later than 60 calendar days from the end of the records,documents,and other evidence which contract period. sufficiently and properly reflect all direct and indirect GOVERNING LAW costs expended by either party in the performance of the services described herein.These records shall be subject This contract shall be construed and interpreted in accordance with the laws of the State of Washington, to inspection,review,or audit by personnel of both and the venue of any action brought hereunder shall parties,other personnel duly authorized by either party, be in the Superior Court for Thurston County. the Office of the State Auditor,and federal officials so authorized by law.All books,records,documents,and HOLD HARMLESS other material relevant to this contract will be retained Each party to this contract will be assigned and for six years after expiration and the Office of the State assume responsibility for any damages to third parties Auditor,federal auditors,and any persons duly that are attributable to the negligent acts or omissions authorized by the parties shall have full access and the of the individual party. Both parties agree,to the right to examine any of these materials during this extent permitted by law,to defend,protect, save,and period. hold harmless the other party, its officers, agents, and Records and other documents,in any medium, employees from any and all claims, costs,damages, furnished by one party to this contract to the other party, and expenses suffered due to each parry's own actions will remain the property of the furnishing party,unless WDFW 23-23412 PAGE 4 otherwise agreed.The receiving party will not disclose any of the work contemplated under this contract or make available this material to any third parties without obtaining prior written approval of the without first giving notice to the furnishing party and AGENCY. In no event shall the existence of the giving it a reasonable opportunity to respond.Each subcontract operate to release or reduce the liability of party will utilize reasonable security procedures and the CONTRACTOR to the AGENCY for any breach protections to assure that records and documents in the performance of the CONTRACTOR'S duties. provided by the other party are not erroneously This clause does not include contracts of employment disclosed to third parties. between the CONTRACTOR and personnel assigned RIGHT OF INSPECTION to work under this contract. The CONTRACTOR shall provide right of access to Additionally,the CONTRACTOR is responsible for its facilities to the AGENCY, or any of its officers,or ensuring that all terms, conditions,assurances, and to any other authorized agent or official of the state of certifications set forth in this contract are carried Washington or the federal government, at all forward to any subcontracts. CONTRACTOR and its reasonable times, in order to monitor and evaluate subcontractors agree not to release, divulge,publish, performance, compliance,and/or quality assurance transfer, sell or otherwise make known to under this contract. unauthorized persons personal information without the RIGHTS IN DATA express written consent of the agency or as provided Unless otherwise provided,data which originates from by law. this contract shall be "works for hire"as defined by the TERMINATION U.S. Copyright Act of 1976 and shall be owned by the Either party may terminate this contract upon 30-days' AGENCY.Data shall include,but not be limited to, prior written notification to the other party.If this reports,documents,pamphlets,advertisements,books, contract is so terminated,the parties'shall be liable only magazines, surveys, studies,computer programs,films, for performance rendered or costs incurred in tapes and/or sound reproductions.Ownership includes accordance with the terms of this contract prior to the the right to copyright,patent,register and the ability to effective date of termination. transfer these rights. TERMINATION FOR CAUSE SAVINGS If for any cause,either party does not fulfill in a timely In the event funding from state, federal, or other and proper manner its obligations under this contract,or sources is withdrawn, reduced,or limited in any way if either party violates any of these terms and after the effective date of this contract and prior to conditions,the aggrieved party will give the other party normal completion,the AGENCY may terminate the written notice of such failure or violation.The contract under the "Termination"clause,without the responsible party will be given the opportunity to thirty-day notice requirement, subject to renegotiation correct the violation or failure within 15-working days. at the AGENCY'S discretion under those new funding If failure or violation is not corrected,this contract may limitations and conditions. be terminated immediately by written notice of the SEVERABILITY aggrieved party to the other. The provisions of this contract are intended to be WAIVER severable. If any term or provision is illegal or invalid Waiver of any default or breach shall not be deemed a for any reason whatsoever, such illegality or invalidity waiver of any subsequent default or breach.Any shall not affect the validity of the remainder of the waiver shall not be construed to be a modification of contract. the terms of this contract unless stated to be such in SUBCONTRACTING writing and signed by authorized representative of the Neither the CONTRACTOR nor any AGENCY. SUBCONTRACTOR shall enter into subcontracts for APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 3/20/2015 WDFW 23-23412 Attachment B - CONTRACT/PROJECT SUMMARY TITLE: 23-25 MRC- North Pacific Coast WDFW CONTRACT NUMBER: 23-23412 PERIOD: 07/01/2023 to 07/31/2025 WDFW MANAGER: Chris Waldbillig CONTRACTOR: Jefferson County (360)874-7258 CONTRACTOR CONTACT: Tami Pokorny (360)379-4498 CONTRACT TYPE: Payable/Goods and Services/Interlocal SUMMARY CONTRACT DESCRIPTION: Jefferson County will provide MRC coordinator support for the MRC in partnership with Clallam County.This includes planning, organizing, and facilitating meetings, recording and distributing meeting and activity summaries to those interested in MRC activities. The MRC coordinator will manage tasks of the MRC, assign work to volunteers, and assure timely completion of work and final reports.The MRC coordinator is also responsible for coordinating with WDFW and completing contract deliverables.Additionally,the MRC coordinator will maintain and develop outreach tools to communicate with the MRC and the public regarding activities and accomplishments. Master Index Number(s): 37218 CFDA Number Award Year Award Number Research & Development? Not Applicable WDFW 23-23412 PAGE 6 Attachment C Statement of Work 2023-2025 MRC — North Pacific Coast Jefferson County Contract Term 07/01/2023 to 06/30/2025 Contractor Jefferson County Contractor Contact Tami Pokorny Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 tpokornyna,co.jefferson.wa.us WDFW Contact Chris Waldbillig 1111 Washington St. SE Olympia, WA 98501 (360)480-8128 chris.waldbillig( ,dfw.wa.gov Task 1: MRC Coordination Amount $40,000 Jefferson County will provide MRC coordinator support for the MRC in partnership with Clallam County.This includes planning,organizing, and facilitating meetings, recording and distributing meeting and activity summaries to those interested in MRC activities. The MRC coordinator will manage tasks of the MRC, assign work to volunteers, and assure timely completion of work and final reports. The MRC coordinator is also responsible for coordinating with WDFW and completing contract deliverables.Additionally,the MRC coordinator will maintain and develop outreach tools to communicate with the MRC and the public regarding activities and accomplishments. Cost: $40,000 Deliverable la: Name and contact information for the MRC Coordinator and County Contacts. Deliverable 1b: FY23 and FY24 project budget and work plan. (Due October 15, 2024, and October 15, 2025) Deliverable 1c: Annual Report form that includes summary of actions completed in the first quarter, as well as a list of prioritized recommendations for future actions. This information will be included in the annual report to the Legislature. (Due October 15,of each fiscal year) Deliverable Id: Submit quarterly progress reports on the Quarterly Report Form describing the progress and barriers for each contract deliverable. Deliverable le: If revised, submit a list of county appointed MRC board members including full name, organization and MRC seat representation. Deliverable If: As necessary, send WDFW coordinator updates for program website and develop additional outreach tools. (Due as necessary) Deliverable 1g: A final report that includes prioritized recommendations for future actions and products for MRC development, a description of challenges and growth over the past year, and ideas on new ways to utilize the MRC to implement the Coastal MRC Program Priorities. (Due July 15, 2024 and July 15, 2025) Table 1. Budget (as projects are scored and ranked an amendment will be submitted in the future) Task Title Budget 1 MRC Coordination $40,000 WDFW 23-23412 ATTACH M ENT C I STATEMENT OF WORK [1]