HomeMy WebLinkAboutCOASST Dead Bird 615 Sheridan Street
Port Townsend, WA 98368
�e e/Wn 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: JU-i y 8 20Z�
SUBJECT: Agenda Item — Approval of Personal Services Agreement with University of
Washington for the Dead Bird Citizen Science for Youth Community Members:
an Internship Program with COASST Project; July 1, 2024 — June 1, 2025;
$17,953.00
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Personal Services Agreement with University of
Washington for the Dead Bird Citizen Science for Youth Community Members: an Internship Program with
COASST Project; July 1, 2024 — June 1, 2025; $17,953.00
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
The University of Washington Coastal Observation and Seabird Survey Team (COASST) will expand and
deepen an existing program, launched through a pilot in the last biennium, to connect youth who reside along
the outer coast of Washington in Jefferson and Clallam counties with the opportunity to gain experience
conducting environmental research as part of COASST's beached bird survey program. Community training will
be held, interns and mentors identified, and beaches monitored monthly leading to workshop presentations
and a visit to the University of Washington's College of the Environment to support student aspirations in
STEM fields. This project was recommended for funding by the North Pacific Coast Marine Resources
Committee at its meeting on September 19, 2023 and meets the Coast MRC Program benchmarks for Sound
Science and Education and Outreach.
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
wq-za-ot 1 Always working for a safer and healthier community
RECOMMENDATION:
JCPH Management recommends BOCC signature for the Personal Services Agreement with University of
Washington for the Dead Bird Citizen Science for Youth Community Members: an Internship Program with
COASST Project; July 1, 2024 — June 1, 2025; $17,953.00
REVIEWED BY:
Mark McCauley, Co(n
)y 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: University of Washington Contract No: WQ-24-011
Contract For: Coastal Observation and Seabird Survey Term: 7/1/2024 - 6/1/2025
COUNTY DEPARTMENT: Public Health/Environmental Health
Contact Person: Tami Pokorny
Contact Phone: X 498
Contact email' tpokorny@co.jefferson.wa.us
AMOUNT: $17,953.00 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $17,953.00 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 I: DEPARTMENT CERTIFIES COMPLIANCE, 0:WITIL JCS AND CHAPTER 42.23 RCW.
7..
CERTIFIED: F N/A: .,_ �°^i• j Apr. 3,2024
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. . ,i
■ Apr. 3, 2024
CERTIFIED: N/A: _.. P
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserliche):
Electronically approved by Risk Management on 4/10/2024.
SHould this be a professional services agreement?
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 4/11/2024.
1 agree it should be named professional services agreement. But the title
does not prevent it from being a vaild contract. Please use Professional
Services Agreement in the future, all our standard contracts are worded that
way. This wording makes people think this needs closer scrutiny.
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
PROFESSIONAL SERVICES AGREEMENT
Between
University of Washington
and
Jefferson County
THIS PROFESSIONAL SERVICES AGREEMENT("this Agreement") is entered into
between the County of Jefferson, a municipal corporation("the County"), and University of
Washington("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: The University of Washington Coastal Observation and Seabird Survey Team
(COASST)will expand and deepen an existing program to connect youth who reside
along the outer coast of Washington in Jefferson and Clallam counties with the
opportunity to gain experience conducting environmental research as part of COASST's
beached bird survey program. Community trainings will be held, interns and mentors
identified, and beaches monitored monthly leading to workshop presentations and a visit
to the College of the Environment at the University of Washington to support student
aspirations in STEM fields. The professional services are funded by a grant from the
Washington State Department of Wildlife (DFW) #23-23412. The project meets Coast
MRC Program benchmarks for Sound Science and Education and Outreach.
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, 2024 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. Pam 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 Contractor shall be made as provided in
Exhibit"B" attached hereto,provided that the total amount of payment to
Contractor shall not exceed $17,953 without express written modification of this
Agreement signed by the County.
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.
wQ-24-011 Page 1 of 12
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 used by the Contractor in connection with
the services rendered under this Agreement shall remain the property of the Contractor.
The County shall be permitted to retain copies, including reproducible copies, of
drawings and specifications for County's internal information, reference and use only,
without the right to sublicense or redistribute either commercially or non-commercially.
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.
8. 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.
Page 2 of 12
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.
9. 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.
10. Covenant Against Contingent Fees. The Contractor warrants that it 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 it 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.
11. 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
Page 3 of 12
physical or sensory handicap in the selection and retention of employees or procurement of
materials or supplies.
12.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.
13.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.
14. 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.
15. 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:
Carol Rhodes
Director, Office of Sponsored Programs Box 359472
University of Washington Seattle, WA 98195-9472
Ph: 206-543-4043
Email: osp@uw.edu
Page 4 of 12
16. Inte ra�Aueement. 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.
17. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
18. 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.
19. 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.
20. Limits of AU 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.
21. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
22. 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.
Page 5 of 12
23. 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.
24. 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.
25. 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.
26. 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.
27. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
28. Public Records Act. Each party shall be responsible for its own compliance with the
Washington Public Records Act, Chapter 42.56 RCW(as may be amended). This
Agreement,once executed, will be a"public record"subject to production to a third
party if it is requested under the Chapter 42.56 RCW.
DATED this day of , 2024.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Page 6 of 12
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
University of Washington
Name of Contractor Kate Dean, Chair
Jenny Le
Contractor Representative(Please print) Greg Brotherton, Member
Date:20 signed by Lenny Le
-07'OD'
(Signature) Heidi Eisenhour, Member
Grant&Contract Analyst
Title
6/28/2024
Date
ATTEST:
By.
� Carolyn Gallaway CMC, Date
Clerk of the Board
W
APPROVED AS TO FORM ONLY:
By:
Philip C.Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Page 7 of 12
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Name of Contractor Kate Dean,Chair
Contractor Representative(Please print) Greg Brotherton, Member
(Signature) Heidi Eisenhour,Member
Title
Date
ATTEST:
By:
Carolyn Gallaway CMC, Date
Clerk of the Board
APPROVED AS TO FORM ONLY:
C April 11, 2024
By: 0'
Philip C.Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Page 7 of i 2
Exhibit A• Scolle of Work
The University of Washington Coastal Observation and Seabird Survey Team(COASST)will
continue to connect youth who reside along the outer coast of Washington in Jefferson and
Clallam counties with the opportunity to gain experience conducting environmental research as
part of COASST's beached bird survey program. A team of four, senior-level high school
students/recent high school graduates will adopt a local beach along the outer Pacific Coast and
survey monthly aided by their local mentor(s).
Task 1: Conduct four 80-hour or longer internships for youth who reside along the outer coast
and their mentor(s), including necessary safety and bird identification trainings.
Deliverables:
1a)Names and contact information for interns and mentors. Due: July 1, 2024.
1b) Community training workshop for the COASST survey program.
Due: May 1, 2025
lc)Timesheets for each intern(80 hours or more). Due: May 1, 2025
Id) Project presentation by interns at workshop. Due: May 1, 2025
le) Project presentation to NPC MRC. Due: May 1, 2025
If) Student and mentor visit to the University of Washington, College of the Environment.
Due: May 1, 2025
Id)Completed WDFW final report form by COASST and all invoicing materials.
Due: June 1, 2025
Page 8 of 12
Exhibit B: Estimated Budget
Category Detail R MRest Total
Salaries or Hourly Wages and Benefits 5,454
Science Coordinator Salary and benefits Base salary$5650, 30.306 benefits rate. 306 inflation applied.—0.72 5,454
months committed
Supplies and Materials 124
Survey kits 2 kits, $62.22 each 124
Travel 8S5
Staff travel to training events travel for COASST staff from Seattle to coastal communities,twice 8S5
(Meal,Lodging, Mileage)
Other Direct Costs 7,949
Participant Support Costs(non-UW employee stipends for 4 undergraduate interns$1520/ea),travel for 6 people(4
and non-trainer) undergrads+2 teachers)from Clallam/Jefferson counties to Seattle(2 7,949
days meals,3 rooms lodging, mileage for 2 vehicles)
Indirect expenses(All such expenses should 3,571
be itemized)
Salaries or Hourly Wages and Benefits indirect costs associated with staff salaries and benefits 3,027
Supplies and Materials indirect costs associated with producing survey kits 69
Travel indirect costs associated with UW employee travel 47S
Participant Support Costs (non-UW employee indirect costs associated with participant support costs: none 0
and non-trainer)
Totals 17,95 3
v
as
0
—n
N
Exhibit C: WDFW Final Report Form
[See next page]
Page 10 of 12
Project Title:
MRC:
Project Leader's Name:
WDFW Contract#:
Has this project been completed?Yes ❑ Ongoing Project ❑
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 ❑ 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 timesheets, 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:
Page I I of 12
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:
iessi.doerpinghaus@dfw.wa.gov (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
Page 12 of 12