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Home My WebLink AboutDFW support MRC 615 Sheridan Street Port Townsend, WA 98368 A&wn www.JeffersonCountyPublicHealth.org comtV Consent Agenda Public Health 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: 21, -2c?2 I SUBJECT: Agenda Item - Amendment 2 to 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; additional $1,500 for a total of $162,000.00 STATEMENT OF ISSUE: Jefferson County Public Health (JCPH) requests approval of Amendment 2 to the Interagency Agreement with WDFW to support the NPC MRC and its projects; July 1, 2023 -June 30, 2025; additional $1,500.00 ANALYSIS/STRATEGIC GOALS/PROS and CONS: This Interagency Agreement funds and supports the administrative capacity for the NPC MRC and provides project funds to implement program benchmarks. 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 amendment revises Task 7 of the Statement of Work, providing additional funds for expenses (meals, lodging, transportation costs, speaker fees, etc.) to host the Coastal MRC Summit, held in October, 2024. 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 Amendment 2 to the Interagency Agreement with WDFW to support the NPC MRC and its projects; July 1, 2023 - June 30, 2025; additional $1,500.00 for a total of $162,000.00 REVIEWED BY: .'�X4 /,Z/ Mark McCauley, C u ty Administrator Date Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) (f) 360-379-4487 W Q-23-072-A2 Always working for a safer and healthier community CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: WA Dept of Fish and Wildlife Contract No: WQ-23-072-A2 Contract For: North Pacific Coast Marine Resources Committee,Amend 2 Term: 7/1/2023 -6/30/2025 COUNTY DEPARTMENT: Jefferson County Public Health Contact Person: Tami Pokorny Contact Phone: x 498 Contact email: TPokorny@oo.lefferson.wa.us AMOUNT: Additional$1,500 for a total of$162,000 PROCESS: Exempt from Bid Process Revenue: $1,500 Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) oi-Matching Funds Vendor List Bid Fund# RFP or RFQ Munis Orb/Obj Other: APPROVAL STEPS: STEP I: DEPARTMENT CERTIFIES COMA,i CE W T ' - 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: ■ ��' i� Nov. 6, 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. CERTIFIED: N/A: ■ `� Nov. 6, 2024 ® ❑ Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 11/13/2024. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 11/8/2024. Amendment 2 with prior amendment and original agreement attached. 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 Docusign Envelope ID:7D1F8785-FOA1-47D5-912E-1D1EB009D536 I Ask Washington Deparhnent of �7FISH and CONTRACT AMENDMENT - WILDLIFE TITLE: 23-25 MRC - North Pacific Coast AMENDMENT NUMBER: 23-23412 CONTRACTOR: Jefferson County AMENDMENT NUMBER: 2 AMENDMENT VALUE: $1,500.00 AMENDMENT EFFECTIVE DATE: CONTRACT END DATE: 10/05/2024 06/30/2025 The above-referenced Contract between the State of Washington, Department of Fish and Wildlife (WDFW); and Jefferson County is hereby amended as follows: AMEND Agreement Section — E I Compensation/Payment The Agreement value is increased by$1,500 for work authorized under this Amendment. This Amendment brings the AWARD allowed under this Agreement to $162,000. AMEND Attachment C j Statement of Work Awards additional funds for Task 7. Revise the Statement of Work for Task 7 No other changes authorized under this Amendment. All other terms and conditions of this Contract remain in full force and effect, THIS AMENDMENT is executed by the persons signing below,who warrant that they have the authority to execute this Amendment. JEFFERSON COUNTY WASHINGTON DEPARTMENT OF FISH AND WILDLIFE SIGNATURE AND DATE SIGNATURE AND DATE Kate Dean,Chair, Board of County Commissioners Jeffrey Hugdahl,Contracts&Purchasing Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE JEFFERSON COUNTY: Approved as only: for 11/08/2024 hilip C. Hunsucker,Chief Civil Deputy Prosecuting Attorney Date C'16 A'o. 24-26200 Jdl'co:WQ-23-072-A2 Docusign Envelope ID:7D1F8785-FOA1-47D5-912E-1D1EB009D536 Amendment 2 Attachment C Statement of Work North Pacific Coast Marine Resources Committee WDFW Contract #23-23412 Contract Period: 07/01/2023—06/30/2025 Amendment#2 effective 10/5/2024 Total contract value increased by$1,500 New contract total $162,000 In coordination with the WDFW MRC Coordinator, Chris Waldbillig, North Pacific MRC would like to make the following addition to the existing contract. SUMMARY PROJECT DESCRIPTION The purpose of this contract is to support the administrative capacity for the North Pacific County Marine Resources Committee(MRC)and provide funds for the MRC to participate in meetings of the Washington Coastal Marine Advisory Council(WCMAC)and fund projects which help achieve the goals of the MRC. 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 addresses the following program benchmarks: Education and Outreach, Coastal Communities, Marine Habitats, Marine Life, Marine and Freshwater Quality, and Sound Science. Amendment#2: Under this amendment, the total award will increase by$1,500 for a new total award of$162,000.The cost for Task#7 is increased by$1,500 to accommodate increased venue, lodging and meal costs. Contract Award for FY2023 and FY2024: $162,000 Task 7: Jefferson County—2024 Coast MRC Summit This project will provide additional funds for expenses to host the Coastal MRC Summit in western Clallam or Jefferson County in autumn 2024. This will cover meals, lodging, mileage, speaker fees, etc.for attendees and speakers. Fifty to sixty people are anticipated to attend. This task addresses the program benchmark: Coastal Communities and Education and Outreach. Cost: $9,500 Deliverable 7a: Summit agenda, photos. (Due June 30, 2025) Deliverable 7b: Daily sign in sheets, and documentation for lodging/meal reimbursements. (Due Jan. 30, 2025) Deliverable 7c: WDFW final report form. (Due June 30, 2025) WDFW 24-26200 AMENDMENT 2 1 TASK 7 [1] 000uvgn Envelope ID:7o1rn7os-FoAl-47os-91zs'1o1ssnononos DocuSign Envelope ID:61 DEC734-9CAA-4E94-90F6-E278479C7A15 DocuSign Envelope ID:058A5175-AB8B-47FE-A083-4C4B5004C92F '--_- i1'ae.4inglun Uepartmrrtl of FISIIand CONTRACT AMENDMENT WILDLIFE TITLE: 23-25 MRC- North Pacific Coast AMENDMENT NUMBER: 23-23412 CONTRACTOR: Jefferson County AMENDMENT NUMBER: 1 AMENDMENT VALUE: $120,500.00 AMENDMENT EFFECTIVE DATE: CONTRACT END DATE: 01/01/2024 06/30/2025 The above-referenced Contract between the State of Washington, Department of Fish and Wildlife (WDFW); and Jefferson County is hereby amended as follows: AMEND Agreement Section D I Period of Performance This Amendment corrects the Contract end date from 07/31/2025 to 06/30/2025. AMEND Agreement Section — E I Compensation/Payment The Agreement value is increased by$120,500 for work authorized under this Amendment.This Amendment brings the AWARD allowed under this Agreement to$160,500. AMEND Attachment C I Statement of Work Awards additional funds for Task 1 Extends the deliverable date for Task 1 g from July 15 to July 10 of 2024 and 2025. Adds new Tasks numbered 2,3,4,5, 6,and 7. Revises and replaces the Statement of Work in its entirety with the attached document of the same title. No other changes authorized under this Amendment. All other terms and conditions of this Contract remain in full force and effect. THIS AMENDMENT is executed by the persons signing below, who warrant that they have the authority to execute this Amendment. WASHINGTON DEPARTMENT OF FISH JEFFERSON COUNTY AND WILDLIFE DocuSigned by: / 2/28/2024 1 7:24 AM PST SIGN ILIRE AND DATE SIGNATURE AND DATE Kate Dean,Chair,Board of County Commissioners Jeffrey Hugdahl,Contracts&Purchasing Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE JEFFERSON COUNTY: Approved as to form only: -� — February 15,2024 Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney Date CMS No. 24-24302 WQ-23-072-A I DocuSign Envelope ID:058A5175-AB8B-47FE-A083-4C4B5004C92F Amendment Attachment C Statement of Work Contract Period:07/01/2023—06/30/2025 Amendment 1 Award $120,500 New Contract Total Value $160,500 In coordination with the WDFW MRC Coordinator, Chris Waldbillig, North Pacific MRC would like to make the following addition to the existing contract. SUMMARY PROJECT DESCRIPTION The purpose of this contract is to support the administrative capacity for the North Pacific County Marine Resources Committee(MRC)and provide funds for the MRC to participate in meetings of the Washington Coastal Marine Advisory Council(WCMAC)and fund projects which help achieve the goals of the MRC.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 addresses the following program benchmarks: Education and Outreach, Coastal Communities, Marine Habitats, Marine Life, Marine and Freshwater Quality, and Sound Science. Amendment#1: Under this amendment,the total award will increase by$120,500 for a new total award of$160,500. The cost for Task#1 is increased by$37,500 and new tasks numbered two through seven are added. Total Contract Award for FY2023 and FY2024: $160,500 The following tasks are required for the completion of this contract: Operations-Task 1: MRC Coordination Jefferson County will provide MRC coordinator support for the MRC. This includes planning,organizing,and facilitating meetings, recording and distributing meeting and activity summaries to those interested in the 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:$49,000 $77,500 Deliverable la: Name and contact information for the MRC Coordinator and County Contacts. Deliverable lb: FY23 and FY24 project budget and work plan. (Due October 15, 2023 and October 15, 2024) 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 1d: 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 1f: As necessary, send WDFW coordinator updates for program website and develop additional outreach tools. (Due as necessary) Deliverable 1g: Submit a final report that includes recommended 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 10, 2024 and July 10, 2025) WDFW 23-23412 ATTACHMENT C I STATEMENT OF WORK [1] A-1 24-24302 DocuSign Envelope ID:058A5175-AB8B-47FE-A083-4C4B5004C92F Proeects-Task 2:Washington Coastal Marine Advisory Council Representation The MRC will designate a representative or alternate to attend the regular Washington Coastal Marine Advisory Council(WCMAC) meetings. The designee will represent the MRCs interests and perspectives on behalf of the entire MRC membership,share updates on local issues and activities, learn about regional and state agency activities,coordinate on shared interests,and then report key items back to the MRC. This task addresses the program benchmarks: Education and Outreach and Coastal Communities. Cost: $0 Deliverable 2a: A summary describing the MRC's WCMAC participation and representation at each meeting. (Due June 30,2024 and June 30, 2025) Task 3: Puget Sound Restoration Fund-Building Capacity for Coastal Dungeness Crab Larval Monitorinq and Inclusion in a Region-Wide Collaborative Effort Puget Sound Restoration Fund will establish a robust system and network for collecting larval Dungeness crab population data along the outer coast of Washington State in order to identify and close critical knowledge gaps and to support sustainable fisheries management for Dungeness crab. Data on larval crab abundance provides a baseline for future coastal harvest forecasts,supports comparative analyses between coastal and inland larval populations,and highlights potential connections between subpopulations.This project will develop site-specific sampling strategies and plans,finalize light trap design, purchase trapping and sampling materials, refine sampling protocols and provide outreach to partners and the interested public to help ensure a fully standardized,ongoing coastal data stream.This project addresses the Coastal MRC Program benchmarks for Marine Life, Sound Science, Education and Outreach,and Coastal Communities. Cost: $23,156 Deliverable 3a: Updated Puget Sound Restoration Fund website(pnwcrab.com website)including light trap construction guide, sampling protocol and instructional video(Due June 30,2025) Deliverable 3b: WDFW final report form. (Due June 30,2025) Task 4: National Marine Sanctuary Foundation-Olympic Coast Remotely Operated Vehicle Training and MATE ROV Competition(OC-ROV) Coordinate and implement Marine Advanced Technology and Education(MATE)Olympic Coast Remotely Operated Vehicle(ROV)Competitions in Forks in 2024 and 2025.This will be accomplished by identifying and training mentors, hosting two student workshops for approximately 75 students each,supporting program operations, reimbursing costs for pool rental, ROV components and supplies,event insurance, room rental at the Olympic Natural Resources Center for mentor workshop, annual student workshops,food and beverages at competitions, travel costs,teacher stipends and trophies.This project addresses the Coastal MRC Program benchmark for Coastal Communities. Cost: $20,347 Deliverable 4a: Dates of workshops and events and sign-in sheets or rosters(Due June 30, 2025) Deliverable 4b: WDFW final report form. (Due June 30,2025) Task 5: University of Washington—Dead bird citizen science for youth community members:an internship program with COASST 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 to support student aspirations in STEM fields. This task addresses the program benchmarks: Sound Science and Education and Outreach. Cost: $18,033 Deliverable 5a: Names of four mentors and interns. (Due June 30, 2025) Deliverable 5b: Project presentation by COASST to the NPC MRC summarizing results of the project(Due June 30, 2025) Deliverable 5c: WDFW final report form. (Due June 30,2025) WDFW 23-23412 ATTACHMENT C I STATEMENT OF WORK (21 A-1 24-24302 DocuSign Envelope ID:058A5175-AB8B-47FE-A083-4C4B5004C92F Task 6: Futurewise—Hoh Watershed Adventure 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 task addresses the program benchmarks:Coastal Communities and Education and Outreach. Cost: $13,464 Deliverable 6a: List of camp participants and program agenda. (Due June 30,2025) Deliverable 6b: Project presentation by Futurewise to the NPC MRC summarizing results of the project (Due June 30, 2025) Deliverable 6c: WDFW final report form. (Due June 30,2025) Task 7:Jefferson County—Coast MRC Summit This project will provide additional funds for expenses to host the Coastal MRC Summit in western Clallam or Jefferson County in autumn 2024.This will cover meals, lodging, mileage, speaker fees,etc.for attendees and speakers. Fifty to sixty people are anticipated to attend.This task addresses the program benchmark: Coastal Communities and Education and Outreach. Cost: $8,000 Deliverable 7a: Summit agenda, photos. (Due June 30, 2025) Deliverable 7b: Daily sign in sheets, and documentation for lodging/meal reimbursements.(Due Jan. 30, 2025) Deliverable 7b:WDFW final report form. (Due June 30,2025) Task Task Title Original Amendment 1 New Contract Contract Total 1 MRC Coordination $40,000 $37,500 $77,500 2 WCMAC Representation $0 $0 3 Puget Sound Restoration Fund- $23,156 $23,156 Building Capacity for Coastal Dungeness Crab Larval Monitoring and Inclusion in a Region-Wide Collaborative Effort 4 National Marine Sanctuary $20,347 $20,347 Foundation-Olympic Coast Remotely Operated Vehicle Training and MATE ROV Competition OC-ROV 5 University of Washington—Dead $18,033 $18,033 bird citizen science for youth community members:an internship program with COASST 6 Futurewise—Hoh Watershed $13,464 $13,464 Adventure 7 Jefferson County—Coast MRC $8,000 $8,000 Summit Total $40,000 $120,500 $160,500 WDFW 23-23412 ATTACHMENT C i STATEMENT OF WORK [31 A-1 24-24302 Rircki�lun DsPadn.rtt o; INTERAGENCY AGREEMENT FISH RLDLIFE 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 DocuSign Envelope ID.F9AE5401-6872-42BB-A700-9CDC6F41567F 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. 1. 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.jeffersan.via.us WDFW's Representative Chris Waldbiliig 1111 Washington St. SE Olympia,WA 98501 (360) 480-8128 Chris w@ldbilliq 9dfw.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 ,, —DocuSigned by: /C, Z3 Z3 I� 11/6/2023 11:00 AM PST ,�vryAR�jREIAND DATE SIGNATURE AND DATr Greg Brotherton, Chair, Board of County Commissioners Jeffrey Hugdahl, Contracts and Purchasing Manager PRINTED NAME AND TITLE PRINTED NAMC AND TITLE Approved as to Form:, s October 12, 2023 Philip C.Hunsucker Date Chief Civil Deputy Prosecuting Attorney _........__. __ _ - PAGE 2 WDFW 23-2341) 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 Washington.All references in the contract to or disallowed costs incurred by its own organization 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 terns 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 performance 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 This contract shall be construed and interpreted in services described herein.These records shall be subject 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 employees from any and all claims,costs,damages, Records and other documents,in any medium, and expenses suffered due to each parry's own actions furnished by one party to this contract to the other party, 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 tern 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 - CONTRACTlPROJECT 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 Pokomy Jefferson County Public Health 615 Sheridan Street Port Townsend,WA 98368 tpokornv(a?co..iefferso-1.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 1a: 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 1d: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 1f: 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 I Title Budget 1 1 MRC Coordination $40,000 WDFW 23-23412 ATTACHMENTC I STATEMENTOFWORK t11