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615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Pinky Mingo, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Agenda Item — Amendment No. 3 to MOU with Hood Canal Salmon Enhancement
Group to Add $25,326; July 1, 2019 — June 30, 2021
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of Amendment No. 3 to MOU with Hood Canal Salmon
Enhancement Group to increase their contribution to the Lower Big Quilcene River Design and Acquisition
project by $25,326.
ANALYSIS/STRATEGIC GOALS/PRO'S and COWS:
The original MOU with Hood Canal Salmon Enhancement Group funds the acquisition from willing sellers of
residential parcels prone to flooding and their restoration to native vegetation as an ongoing effort to re-
establish a channel migration corridor for the lower Big Quilcene River. The project also supports outreach and
collaboration with project partners, leading to the open spaces necessary in order to eventually reconnect the
lower river with its north -side floodplain and distributary channels in order to support the recovery of Hood
Canal Summer Chum and other salmonids. This amendment will increase the matching contribution from the
Hood Canal Salmon Enhancement Group by $25,326 for a total amount of $79,826. The additional amount is
eligible to reimburse restoration eligible expenses only including demolition and replanting activities on the
former Baughman and Fitzgerald properties. The increase is necessary to provide the requisite match needed
to merge RCO 18-1227 and 19-1339 and to utilize and manage these grants more efficiently.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Approval of this amendment would not affect the County's General Fund. The additional matching funds
will allow the match requirement for a merged RCO 18-1227 and 19-1339 agreement to be met. The new
total match will increase from $54,500 to $79,826.
RECOMMENDATION:
JCPH Management recommends BOCC signature of Amendment No. 3 to MOU with Hood Canal Salmon
Enhancement Group; July 1, 2019 — June 30, 2021
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
REVIEWED
Philip Morley, Coun dmini
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
ilZYl2crt
Date
Always working for a safer and healthier community
Environmental Public Health
360-385-9444
f) 360-379-4487
AMENDMENT NO.3 TO MOU
Between
JEFFERSON COUNTY
And
HOOD CANAL SALMON ENHANCEMENT GROUP
Lower Big Quilcene River Design and Acquisition
The Memorandum of Understanding between Jefferson County, hereinafter referred to as `the County'
and the Hood Canal Salmon Enhancement Group, hereinafter referred to as `HCSEG' for the Lower Big
Quilcene River Design and Acquisition is amended effective July 1, 2019 through June 30, 2021.
AMENDMENT PURPOSE
The purpose of the amendment is to increase the contribution from HCSEG from $54,000 to $79,826. Of
this amount, $25,326 are eligible to reimburse the County's restoration costs only.
La) Revised as follows: Through a matching contribution of $54,500, provide the means to support
efforts of Jefferson County to acquire land, obtain associated closing documentation for
acquisition, take title to land acquired, and to otherwise meet the deliverables of its Recreation
and Conservation Office Grant while furthering the Scope of Work for the Floodplains by Design
Grant.
Lb) Through a matching contribution of $25,326, provide the means to support efforts of Jefferson
County to conduct assessments, remove improvements and restore acquired land to native
vegetation and to meet other restoration deliverables.
4.e) Revised address for HCSEG to PO Box 2169, Belfair, WA 98528. Update Project Manager to
Gus Johnson and email address to gus@pnwsalmoncenter.org.
All other terms and conditions of the original MOU, Amendment No. 1 and Amendment No. 2 remain in
full force and effect. All work performed consistent with the Agreement prior to the execution of this
Amendment No. 3 is hereby ratified.
IN WITNESS WHEREOF: the parties have signed this amendment.
JEFFERSON COUNTY HOOD CANAL SALMON
Kate Dean, Chair Date
Board of Jefferson County Commissioners
ATTEST:
By:
Carolyn Gallaway, Deputy Clerk of the Board
SALMON ENHANCMENT GROUP
Date
APPROVED AS TO FORM ONLY:
By: O C. /J/121vl& za
Philip C. Hunsucker, Chief Civil epu
Prosecuting Attorney
AMENDMENT NO. 2 TO MOU
Between
JEFFERSON COUNTY
and
HOOD CANAL SALMON ENHANCEMENT GROUP
Lower Big Quilcene River Design and Acquisition
The Memorandum of Understanding between Jefferson County, hereinafter referred to as `the County'
and the Hood Canal Salmon Enhancement Group, hereinafter referred to as `Partner' for the Lower Big
Quilcene River Design and Acquisition is amended effective July 1, 2019 through June 30, 2021.
AMENDMENT PURPOSE
The purpose of this amendment is to extend the end date to June 30, 2021.
SECTIONS CHANGED
4.c) Revised to extend the end date from June 30, 2019 to June 30, 2021.
All other terms and conditions of the original MOU and Amendment No. 1 remain in full force and effect.
All work performed consistent with the Agreement prior to the execution of this Amendment No. 2 is
hereby ratified.
IN WITNESS WHEREOF: the parties have signed this amendment.
JEFFERSCJ COUNTY
Greg rot & on, Chair Date
Board of Jefferson County Commissioners
ATTEST:
Carolyn Gallaway Date
Deputy Clerk of the Board
APPROVED AS TO FORM:
Z.
Philip Hunsucker Date
Chief Civil Deputy Prosecutor
HCSG
Date
Page 1 of 1
AMENDMENT NO. I TO MOU
Between
JEFFERSON COUNTY
and
HOOD CANAL SALMON ENHANCEMENT GROUP
Lower Big Quilcene River Design and Acquisition
The Memorandum of Understanding between Jefferson County, hereinafter referred to as `the County'
and the Hood Canal Salmon Enhancement Group, hereinafter- referred to as `Partner' for the Lower Big
Quilcene River Design and Acquisition is amended effective July 1, 2019 through June 30, 2020_
AMENDMENT PURPOSE
The purpose of this amendment is to extend the end date to June 30, 2020, remove task -specific funding
allocations, and to simplify coordination requirements.
SECTIONS CHANGED
a) Revised as follows: Through a matching contribution of $50,000, provide the means to support
efforts of Jefferson County to acquire land, obtain associated closing documentation for
acquisition, take title to land acquired, and to otherwise meet the deliverables of its RCO grant
while furthering the Scope of Work for the FbD grant.
Lb) Deleted
l.c) Deleted
l.d) Deleted
Le) Deleted
2.a.7) Deleted
2.b.3) Deleted
4.c) Revised to extend the end date from June 30, 2019 to June 30, 2020.
4.e) Revised address for HCSEG to PO Box 2169, Belfair, WA 98528. Updated Project Manager to
Camilla Popp and email address to carnilla@pnwsalmoncenter.org.
All other terms and conditions of the original MOU remain in full force and effect. All work performed
consistent with the Agreement prior to the execution of this Amendment No. I is hereby ratified.
IN WITNESS WHEREOF: the parties have signed this amendment.
JEFFERSON COUNTY
KAe De"an, Chair Date
Board of Jefferson County Commissioners
HCSG
wrA41 L41 1 3 , I
Date
Page 1 of 2
ATTEST:
Carolyn Date
Deputy Clerk of the Board
APPRO-D AS TO FORM:
4
V-
Plijljp nsuc er Date
Chief Civil Deputy Prosecutor
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
Between
Jefferson County
and the
Hood Canal Salmon Enhancement Group
This Memorandum of Understanding ("MOU") is made and entered into on January 1, 2019 ("Effective
Date") by and among the Hood Canal Salmon Enhancement Group, a 501 c3 non-profit group, referred to
as "HCSEG" and Jefferson County referred to as "County';
Whereas, HCSEG and the County have collaborated since 2015 towards the restoration of the
lower Big Quilcene River floodplain to achieve multiple ecological and community benefits; and
Whereas, acquisition from willing sellers of a number of privately held properties located on the
lower Big Quilcene River floodplain is necessary to the vision of reestablishing natural, self-sustaining fish
and wildlife habitat and to recovering ESA -listed Hood Canal Summer Chum Salmon; and
Whereas, the Recreation and Conservation Office (RCO) Salmon Recovery Funding Board has
awarded the County grant funds to complete Project 417-1052, herein referred to as "Project A", to acquire
properties from willing landowners for the purpose of habitat restoration (Attachment A); and
Whereas, the Washington State Department of Ecology "Ecology" has awarded HCSEG grant
funds through the Floodplain by Designs (FbD) Grant Program to also fund acquisition of floodplain
properties from willing sellers through the Lower Big Quilcene River Design and Acquisition Project,
Ecology, EAGL Grant Number: SEAFBD-2017-HoCSEG-00009, here referred to as "Project B"
Attachment B).
Whereas, Project A and Project B are compatible in purpose and scope with regard to acquisitions
and outreach, and HCSEG wishes to pass through a portion of its Floodplain by Design resources to assist
the County in meeting their RCO (Project A) grant match requirements; and
Whereas, HCSEG and the County acknowledge the mutual benefit of partnering in order to make
the best and most efficient use of grant resources.
Now, therefore, based on the mutual understanding made herein, both parties agree as follows:
HCSEG and Jefferson County will coordinate on further restoration efforts of the Lower Big Quilcene
River Design and Acquisition:
The Hood Canal Salmon Enhancement Group will:
a. Provide the means to support efforts of Jefferson County to acquire land, obtain
associated closing documentation for acquisition, and take title to land acquired. It is
the responsibility for the HCSEG to provide the means for these actions. The means
will provide match to the County's RCO grant while furthering the Scope of Work for
the FbD grant.
b. IiCSEG will coordinate on the contracting process; concur on the successful
candidate(s); award the contract; and receive and pay invoices up to a value of $28,555.
c. Provide the means for land acquisition through an escrow process up to a value of
10,000
d. Provide for necessary acquisition related expenses, incurred by Jefferson County, up to a
value of $1 l ,445.00
e. Submit to County on a quarterly basis paid receipts for contracted services (for County's
RCO match).
f. The Hood Canal Salmon Enhancement Group will not provide administrative, outreach or
any other staff time or services or hire temporary staff in connection with the County's
RCO grant.
2. Jefferson County will bring to this MOU: staff resources for administrating and managing
newly acquired land(s) in addition to being responsible for all of their 417-1052 RCO grant for
habitat restoration.
Specific to this MOU, tasks include:
a. Land Acquisition and Support:
1. Conduct outreach and education to potential willing sellers of land.
2. Obtain County and RCO required approvals necessary to initiate and complete
landowner negotiations and closings.
3. Obtain an Acquisition Report (Attachment C) for each property acquired.
4. Provide escrow payment requests to HCSEG at least three weeks in advance of
closing.
5. Submit to HCSEG a completed pre -closing and a post -closing report (Attachment D
and Attachment E) for each property and draft stewardship plan(s).
6. In accordance with RCO Manual 3, Acquiring Lands
htips://www.rco.wa.gov/documents/manuals&forms/Manual_3_acq.pdf, take title of
each property acquired through this MOU to include recording a Conservation
Covenant to preserve land acquired as open space in perpetuity and protected from
future development. Jefferson County shall be named as "Grantor"; and Washington
State Department of Ecology shall be named as "Grantee". As allowed by the
Grantor" or "Grantee", Hood Canal Salmon Enhancement Group shall also have the
right to inspect the property to ensure terms of the covenant are being met.
7. HCSEG will receive and pay invoices. HCSEG will forward copies of paid invoices
on a quarterly basis to the County to serve as match for the County's RCO grant.
b. Administrative and Management Support
1. Conduct a competitive procurement process for acquisition related contract and
consultant services.
2
2. All bidding, contracting and RFQ procedures will follow County procurement
procedures, including Chapter 39.80 RCW and Chapter 3.55 of the Jefferson County
Code.
All bidders will be notified in writing that both HCSEG and Jefferson County will
serve as the affiliated client.
4. Contracting process will be conducted by the County including developing a list of
potential contractors and scope of work for an RFQ with concurrence by HCSEG.
5. Prior to commencing work, HCSEG 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 properly
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 HCSEG'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;
Ili. Broad Form Contractual/Commercial Liability — including coverage for
products and completed operations;
iv. Premises — Operations Liability (M&C);
V. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
Professional Liability Insurance. HCSEG 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 HCSEG's sole expense. HCSEG agrees its 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.
3
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. HCSEG shall furnish the County with properly executed certificates of insurance
that, at a minimum, shall include: (a) The limits of overage; (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 HCSEG 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 HCSEG
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 HCSEG to take out or maintain any required insurance shall not relieve
HCSEG 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. HCSEG's insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies, with the exception of
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above described insurance.
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 HCSEG.
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 HCSEG shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
1. Insurance companies issuing HCSEG'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 HCSEG until HCSEG shall furnish additional
security covering such judgment as may be determined by the County.
11
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 HCSEG must provide in order to comply with this
Agreement.
o. The County may, upon HCSEG's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise be due to HCSEG.
p. HCSEG'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. HCSEG's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits ofthe insurer's liability.
s. HCSEG 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. HCSEG 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. HCSEG 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.
3. Indemnity:
a. HCSEG and the County shall indemnify, defend and hold harmless the other party, their
officers, officials, employees, agents and volunteers, fi-oin liability, including the duty and
cost to defend, hereunder and any and all claims, losses or liability, or any portion thereof,
including attorney's fees and costs, arising from acts, errors or omissions in performance of
this Agreement.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the parties,
their officers, officials, employees, agents and volunteers, the liability of the parties,
including the duty and cost to defend, hereunder shall be only to the extent of a parry's share
of fault.
c. It is further specifically and expressly understood that the indemnification provided
herein 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.
4. General Terms:
a. Nothing in this MOU implies an obligation for HCSEG to provide the means to support a
grant other than Projects A and B above.
b. If funding from the RCO or Ecology is withdrawn, reduced, or limited in any way after the
effective date of this agreement, this MOU will be amended or terminated as provided
herein.
Either HCSEG or the County may terminate this agreement upon thirty (30) days written
notice to the other party, otherwise this agreement shall be in effect until June 30, 2019,
unless extended in writing by both parties as an amendment to this MOU.
Consistent with Ecology's Floodplain by Design grant, participants of this MOU will
follow Ecology's Administrative Requirements for Recipients of Ecology Grants and
Loans — EAGL Edition
httpsHfortress.wa.gov/ecy/publications/SummaryPages/I 701004.htm1)
Notices:
Notices to HCSEG shall be sent to the following addresses:
Mendy Harlow, Executive Director
Hood Canal Salmon Enhancement Group
600 NE Roessel Rd.
Belfair, WA 98528
Ph: 360/275-3575 ext. 123
E-mail: mendy@pnwsaimoncenter.org
Michelle Myers, Project Manager
Hood Canal Salmon Enhancement Group
600 NE Roessel Rd.
Belfair, WA 98528
Ph: 360/275-3575 ext. 122
31
E-mail: michelletL,pnwsa(inoncen.tei-.or
Notices to the Jefferson County shall be sent to the following address:
Tami Pokorny, Natural Resources Program Coordinator
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360/379-4498
Email: ttpokorny_(a co.jefferson.wa.us
g. Each party to this Agreement, and each individual signing on behalf of each party hereby
represents and warrants to the other that it has full power and authority to enter this
Agreement and that its executive, delivery and performance of this Agreement has been
fully authorized and approved and that no further approvals or consents are required to
bind such party.
This MOU together with attachments completely integrates the understandings ofthe
parties with regard to its subject matter, and they have no other agreements or
understanding with regard thereto. Any modification of this agreement must be in writing
and signed by the parties.
An estimated timeline for accomplishing the tasks associated with this agreement and
RCO and Ecology grants is below.
March 2019 MOU approved and signed by both parties
March — May 1, 2019 County and HCSEG coordinate, communicate and meet with
project area landowners. HCSEG contracts for mutually agreed
upon acquisition related tasks.
May 1, 2019 —June 30, 2019 County negotiates acquisition(s) for Project A property(ies),
closes sale(s) with willing seller(s). Reports sent to RCO and
DOE.
SIGNATURES FOLLOW ON NEXT PAGE)
7
DATED this day of _" Ma rd _____20I9
Hood Canal Salmon Enhancement Group ,
Mendy Harlow
Executive Director
Jefferson ou>>sy
1
By ( /`"------
Kate Decui. Chair
Jefferson Board of County Commissioners
Attest/Authenticated:
By:
Carolyn-Gall'away_
Deputy-Clerl: of the Board
APPROVED AS TO FORM
13\1: Z z I
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Attachments:
A: RCO Jefferson County Contract 17-1052
B: Ecology HCSEG Contract FYI 7-19
C: Acquisition Report
D: Pre -Closing Report
E: Post Closing Report
0
DATED this
s
day of ' Zt j' 2019
Hood Canal Salmon Enhancement Group
By:
Mendy Harlow
Executive Director
Jefferson Coun
By
Kate Dea ,Chair
Jefferson Board of County Commissioners
Attest/Authenticated:
By:
Carolyn Gallaway, J
Deputy Clerk of the Board
Seal)
APPROVED AS TO FORM
By: c:-
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Attachments:
A: RCO Jefferson County Contract 17-1052
B: Ecology HCSEG Contract FYI 7-19
C: Acquisition Report
D: Pre -Closing Report
E: Post Closing Report