HomeMy WebLinkAboutFuturewise 615 Sheridan Street
Port Townsend, WA 98368
(*ehson www.JeffersonCountyPublicHealth.org
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: 74�y ,l 202Y
SUBJECT: Agenda Item —Approval of Personal Services Agreement with Futurewise for the
Hoh Watershed Adventure Project; July 1, 2023 —June 1, 2025; $13,464.00
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Personal Services Agreement with Futurewise for the
Hoh Watershed Adventure Project; July 1, 2023 —June 1, 2025; $13,464.00
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
Futurewise, in partnership with Hoh Tribe Natural Resources Department, will design and implement a Hoh
Watershed Adventure camp for tribal members to occur between the summer of 2024 and the spring of 2025.
Activities will include rafting training and river restoration education for adult tribal members separate from the
camp event. During the adventure camp, participants will explore coastal environments through hiking,
overnight camping, data collection, edible plant identification and preparation, experiences in Hoh and
Quileute cultural traditions and language, instruction on protected treaty rights and restoring healthy
ecosystems, and a community dinner. This project is recommended for funding by the North Pacific Coast
Marine Resources Committee at its meeting on September 19, 2023 and meets the Coast MRC Program
benchmark for Coastal Communities and Education.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for this NPC MRC project is provided by a grant from the Washington Department of Fish and Wildlife
for projects identified and recommended by the North Pacific Coast Marine Resources Committee (NPC MRC),
#23-23412. There is no impact to the Jefferson County General Fund for this agreement 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-24-014
RECOMMENDATION:
JCPH Management recommends BOCC signature for the Personal Services Agreement with Futurewise for the
Hoh Watershed Adventure Project; July 1, 2023 —June 1, 2025; $13,464.00
REVIEWED BY:
' W
Mark McCauley, C ty Administrator 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: Futurewise Contract No: WQ-24-014
Contract For: Hoh Watershed Adventure Project Term: 7/1/2023 - 6/1/2025
COUNTY DEPARTMENT: Public Health I Environmental Health
Contact Person: Tami Pokorny
Contact Phone: X498
Contact email: tpokorny@co.jefferson.wa.us
AMOUNT: $13,464.00 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $13,464.00 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 COMPJAANCE WISH J€ ,55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ,■ N/A: r .- ._ CC fL ; r Feb. 28, 2024
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.
77.
CERTIFIED: 1 N/A: �. .. � G ' Feb. 28, 2024
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 2/29/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 2/29/2024.
County standard language. Title of the document should be Professional
Services Agreement. No need to change it this time.
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
PERSONAL SERVICES AGREEMENT
Between
Futurewise
and
Jefferson County
THIS PERSONAL SERVICES AGREEMENT ("this Agreement") is entered into between the
County of Jefferson, a municipal corporation("the County"), and the National Marine Sanctuary
Foundation("the Contractor"), in consideration of the mutual benefits, terms, and conditions
specified below.
1. Project Designation. The Contractor is retained by the County to perform the following
Project: Futurewise, in partnership with Hoh Tribe Natural Resources Department, will
design and implement a Hoh Watershed Adventure camp for tribal members to occur
between the summer of 2024 and the spring of 2025. Activities will include rafting
training and river restoration education for adult tribal members separate from the camp
event. During the adventure camp, participants will explore coastal environments through
hiking, overnight camping, data collection, edible plant identification and preparation,
experiences in Hoh and Quileute cultural traditions and language, instruction on protected
treaty rights and restoring healthy ecosystems, and a community dinner. Activities that
will be funded by the NPC MRC will primarily take place in the lower Hoh River from
the launch point at Cottonwood Campground and the coastal environment at the mouth of
the Hoh River on the Hoh reservation, at Oil City, and the intertidal environment there.
This project addresses the MRC Coastal MRC Program benchmarks for"Coastal
Communities" and"Education". Funding for this agreement is provided by a grant from
the Washington Department of Fish and Wildlife for projects identified and
recommended by the North Pacific Coast Marine Resources Committee (NPC MRC),
#23-23412.
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 July 1, 2023 and continue
through June 1, 2025. 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 $13,464 as
described in Exhibit"B", in the completion of this project without express
written amendment signed by both parties to this Agreement.
Page 1 of 15
WQ-24-014
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.
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.
Page 2 of 15
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.
8. Indemnification. The Contractor shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities)
harmless from any claims, injuries, damages, losses or suits, including attorney's fees,
arising out of or resulting from the acts, errors or omissions of the Contractor in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine this
Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the County, its officers, officials, employees,
agents and volunteers (and their marital communities)the Contractor's liability, including
the duty and cost to defend, shall be only for the Contractor's negligence. It is further
specifically understood that the indemnification provided constitutes the Contractor's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties. This
section shall survive the expiration or termination of this Agreement.
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;
Page 3 of 15
iv. Premises—Operations Liability (M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
c. Professional Liability Insurance. The Contractor shall maintain professional
liability insurance against legal liability arising out of activity related to the
performance of this Agreement, on a form acceptable to Jefferson County Risk
Management in the amounts of not less than$1,000,000 Each Claim and
$2,000,000 Aggregate. The professional liability insurance policy should be on
an"occurrence" form. If the professional liability policy is "claims made,"then
an extended reporting periods coverage (tail coverage) shall be purchased for
three (3)years after the end of this Agreement, at the Contractor's sole expense.
The Contractor agrees the Contractor's insurance obligation to provide
professional liability insurance shall survive the completion or termination of this
Agreement for a minimum period of three (3)years.
d. The County shall be named as an"additional named insured"under all insurance
policies required by this Agreement, except Professional Liability Insurance when
not allowed by the insurer.
e. 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.
f. 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.
g. 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.
h. 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
Page 4 of 15
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above described insurance.
i. 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.
j. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Contractor.
k. 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.
1. 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.
m. 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.
n. 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.
o. 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.
p. 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.
q. 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.
r. 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.
Page 5of15
s. The Contractor shall include all subcontractors as insured under its insurance
policies or shall furnish separate certificates and endorsements for each
subcontractor. All insurance provisions for subcontractors shall be subject to all
the requirements stated herein.
t. 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.
u. 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.
v. The Contractor shall place insurance with insurers licensed to do business in the
State of Washington and having A.M. Best Company ratings of no less than A-,
with the exception that excess and umbrella coverage used to meet the
requirements for limits of liability or gaps in coverage need not be placed with
insurers or re-insurers licensed in the State of Washington.
w. 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.
Page 6 of 15
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.
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.
Page 7of15
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.
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: tpokorny@co.jefferson.wa.us
Page 8of15
Notices to Contractor shall be sent to the following address:
Alex Brennan, Executive Director
Futurewise
1201 3rd Ave, Suite 2200
Seattle, WA 98101
206-343-0681
Email: Alexnu,futurewise.org
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
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
Page 9 of 15
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
25. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to
any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
27.No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained
by this Agreement without the express written consent of the County.
28.No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
29. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect
as if all the parties had signed the original.
30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at
arms-length, with the assistance and advice of competent, independent legal counsel.
32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary,to
the extent any record, including any electronic, audio,paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW, as may hereafter be amended, the Contractor agrees to
maintain all records constituting public records and to produce or assist the County in
producing such records, within the time frames and parameters set forth in state law. The
Contractor further agrees that upon receipt of any written public record request,
Contractor shall, within two business days, notify the County by providing a copy of the
request per the notice provisions of this Agreement.
DATED this day of __ - ., , 20 21-i .
Page 10 of 15
SIGNATURE PAGE
JEFFERSON COUNTY WASHINGTON FUTUREWISE
Board of County Commissioners
Jefferson County, Washington
By: By: .� ��c Kate Dean,Dean, Chair Date Si:-.ture
By: Name: f .k-X /3a,ilkletY1
Greg Brotherton, Commissioner Date Gke-C � .�W C
Title:
By: Date: 3/0-1 74
Heidi Eisenhour, Commissioner Date
SEAL:
ATTEST:
Carolyn Gallaway, Date
Clerk of the Board
Approved as to form only:
February 29,2024
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Page 11 of 15
Exhibit A: Scope of Work
Futurewise, in partnership with Hoh Tribe Natural Resources Department, will design and
implement a Hoh Watershed Adventure camp for tribal members to occur between the summer
of 2024 and the spring of 2025. Activities will include rafting training and river restoration
education for adult tribal members separate from the camp event. During the adventure camp,
participants will explore coastal environments through hiking, overnight camping,
data collection, edible plant identification and preparation, experiences in Hoh and Quileute
cultural traditions and language, instruction on protected treaty rights and restoring healthy
ecosystems, and a community dinner.
Task 1: Coordinate and implement rafting training and river restoration education for adult tribal
members.
Deliverables:
1 a)Agenda(s) and list of participants and instructors. Due: June 1, 2025
Task 2: Coordinate and implement Hoh Watershed Adventure Camp.
Deliverables:
1 a)Agenda and list of participants and instructors. Due: June 1, 2025
lb)Presentations to NPC MRC. Due: June 1, 2024 and June 1, 2025
1 c)All invoicing materials. Due: Monthly with final invoice materials no later than June
1, 2025
1d)Complete WDFW's final report form. Due June 1, 2025
Page 12 of 15
Exhibit B: Estimated Budget
Category Detail MRC Request
Susannah Spock,Water Fish and Wildlife Program
Salaries and Benefits Manager: 50 hrs x$75/hour=$3,750
or hourly wages Nicole Harris,Water Fish and Wildlife Program
Coordinator: 50 hrs x$70/hour=$3,500 $7,250
Hand loupes for plant exploration
Backpacks for participants with compass,flashlight
and poncho
Supplies/Equipment Reusable water bottles with camp logo if funds allow $1,108
Travel to seasonal cultural activity
150 miles x.68/mile x 2 vehicles=$204
Travel to Hoh River for Futurewise staff
Travel 150 miles x.68/mile=$102 $306
Portion of the cost for two days rafting the Hoh River
for 36 people at$200 per person
Portion of the cost for 4 camp leaders to scout the raft
trip.
Subtotal: $1,800
Jay Powell and Vicki Jensen consulting fees:
Contracted services $600/day x 5 days=3,000 $4,800
Other $13,464
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Exhibit C: WDFW Final Report Form
COASTAL MRC PROGRAM — FINAL REPORT FORM
Project Title:
MRC:
Project Leader's Name:
WDFW Contract#:
Has this project been completed?Yes ❑ Ongoing Project Ej
If no,describe below the reasons why this project wasn't completed by the deadline:
Project Funds Awarded:$ Project Funds Spent:$
if any funds weren't spent,please explain why below:
Was any inventoriable equipment purchased with your MRC funds for this project?Yes 0 No ❑
if you did purchase any inventoriable equipment,you will be contacted about returning the equipment
to WDFW or to discuss the possibility of a loan agreement to allow continued use of the equipment.
Have all Volunteer Registration Forms been turned in? Yes ❑ No ❑
Have all Volunteer Timesheets been turned in? Yes ❑ No ❑
Have all reimbursement requests been turned in? Yes ❑ No ❑
Please submit any remaining volunteer registration forms,volunteer tmesheets,and reimbursement
requests with this report.
How many total volunteer hours were used on this project?
Please describe the accomplishments of the project below:
How did the public and/or fish and wildlife benefit from your project's activities?
Please list the names of any WDFW personnel that provided assistance to your project:
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COASTAL MRC PROGRAM — FINAL REPORT FORM
Use the space below to provide comments about your experience with the Coastal MRC Program or
describe your ideas for program improvement:
The information provided in this report will be included in the annual report to the governor and the
appropriate committees of the legislature. This report will also be made available to all grantees,the
Fish and Wildlife Commission,the Director of WDFW,WDFW's Executive Management Team and other
personnel within WDFW as well as the general public(via our webpage). Please send photographs of
project activity(with photographer's full name)as an e-mail attachment to:
jessi.doerpinehausPdfw.wa.eov(for possible use in the report).
The information that you provide in this report may be used in evaluating future Coastal MRC project
proposals.
Name(if sending electronically)or Signature(if sending hard copy):
Date:
Send completed final reports to the program coordinator:
Chris Waldbillig
Chris.Waldbillig@dfw.wa.gov
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